Terms and Conditions
These Terms and Conditions are entered into between Shutapp, owner of TheTool, and the user, which means any physical or legal person that freely and voluntarily access TheTool, either using or not the services available on it.
Simply by accessing, browsing and/or using TheTool, the user agrees to be bound by this Terms and Conditions. However, Shutapp may require the express acceptance of these Terms for the enjoyment of the tools and features of TheTool.
2. Functionalities of TheTool
In order to use TheTool, the user will be required to have signed up or to have been invited by another user with enough permission to do so.
TheTool is a tool that helps its users to analyse the impact of an app positioning strategy in the main app stores, by studying relevant information, including the number and kind of downloads of the app, the ratings and opinions of its users, as well as the conversion rates.
TheTool allows users with enough permissions to invite third parties to join TheTool and to share with them the information provided by the app. These invited users shall have restricted permissions; the may have read permissions for the information another user has shared with them and they may modify their personal access codes.
To invite a new user, a valid email address shall need to be provided. The user that invites a third party shall make sure to have permission to send him an invitation. By inviting a third party the user declares to have been permitted to do so by the receiver of the invitation and shall otherwise indemnify Shutapp.
3. User obligations
Any user of TheTool hereby undertakes:
a. To use TheTool diligently, correctly and legally, always respecting current law (particularly in relation to data protection and intellectual and industrial property), morality and food customs, as well as public order.
b. Review these Terms and Conditions regularly, and any other applicable conditions, checking to see if any changes have been made.
c. Check the communications issued by Shutapp, as they may contain important information.
d. Not to use TheTool for commercial purposes, in the sense of collecting information or content to provide others services that clearly constitute competition to Shutapp.
e. Not to modify or try to modify TheTool in any way, or carry out any actions or use means designed to simulate the appearance or functions of TheTool or Shutapp.
f. Not to damage, disable, overburden or obstruct the service (or network or networks connected to the service) or interfere in its use and enjoyment.
g. Not to carry out any action that may involve introducing computer viruses, worms, Trojans or any other kind of malicious code designed to interrupt, destruct or limit the functions of TheTool.
h. Not to use reverse engineering techniques and/or decipher, decompile or use any other system designed to discover the source code of TheTool or of any other element subject to copyright or underlying intellectual property.
i. In any event, not to engage in any kinds of actions that may infringe the rights or interests of Shutapp or third parties such as, by way of example, intellectual or industrial property rights (patents, trademarks, copyrght, commercial secrets…).
With regard to your registration in TheTool, you also undertake:
a. Not to register with various accounts or do so contributing false or incorrect data, in particular stealing the identity of third parties.
b. Not to use or try to use third-party accounts.
c. Not to sell, market or transfer your user account to third-parties.
d. That you are the only person responsible for any activities carried out using your account. Keep it updated at all times.
e. To make sure that the data and access keys are strictly confidential, as you are liable for any damages derived from any breach of this confidentiality.
4. Intellectual property and user license
Intellectual property rights in all elements making up TheTool, as well as its source code, design, are exclusively owned by Shutapp, or otherwise it holds the appropriate rights or licenses to use them.
All trade name or marks, or any other distinctive signs that may be found in TheTool are owned by Shutapp or by their rightholders, being Shutapp entitled enough to use them, and are protected by law.
Therefore, the reproduction, distribution, public communication, transformation or any other activity that may be carried out on the contents of TheTool or of its contents and/or elements is forbidden, even if the source is acknowleged, without the Shutapp or the relevant rightholders prior written consent.
Please, contact us at [email protected] if you come across any intellectual property infringement.
Provided that as a user, you comply with all the obligations and commitments voluntarily assumed, by virtue of these Terms and Conditions, Shutapp will grant the users a non-transferible and non-exclusive license to use TheTool, without territorial limitation, for the purposes, duration and limitations foreseen in these Terms.
The aforementioned user license does not involve the transfer of any intellectual or industrial property right.
5. Duration and resolution
These Terms and Conditions come into effect with its acceptance and they shall remain into force for an indefinite period, as long as the user keeps being a user of TheTool
The user may, at any time, terminate these Terms and Conditions by deleting its user account, if possible, or requesting it by sending an email to the following address: [email protected]
The present conditions will be implemented and have a legal effect from the moment the user accepts them, and will be valid until stated in the Particular Conditions. This period will automatically be renewed unless any of the parties communicates the contrary intention before the deadline established.
6. Exclusion of liability
Shutapp tries to ensure that TheTool, its services and functionalities are accessible at all times. Nevertheless, TheTool will be shown to you “as is”, depending on availability and limitations existing at the time.
Despite Shutapp’s continuous effort to protect the systems and contents included in TheTool by using ordinary security standards in the Internet, it is not possible to fully guarantee the absence of any intrusions or losses of information that may arise. Likewise, we cannot guarantee the absence of spyware or other harmful components on TheTool that may alter the computer system used to access the Website. As a user, you hereby accept and understand that there are situations that may be beyond Shutapp’s control.
Shutapp hereby waives all liability for unauthorised access to its contents as a result of users deliberately identifying themselves with false or inaccurate data about their age.
In general, neither Shutapp nor its collaborators will be liable for any lost profit or consequential damage, in any matter.
Shutapp shannot be held responsible for the usefulness of TheTool for the user. Shutapp cannot guarantee the truthfulness of the information offered therein, nor its accuracy, as there may be errors when generating it.
With regard to links to third party websites included in TheTool by Shutapp, the user acknowledges and accepts that they lead to third party websites, beyond Shutapp’s control. Shutapp doest not approve or review any functions, advertising or general content included therein, even if it has linked the same. Therefore, Shutapp does not guarantee that the linked pages will operate correctly, or will be free of computer threats, spyware or malware, or host illegal or inadequate content or otherlinks which, in turn, lead to sites with any or several of the foregoing characteristics.
Any damage, harm, loss or cost (including professional fees of lawyers and court attorneys) incurred by Shutapp as a result of a breach on your part of these Terms and Conditions, or any others that may apply, will entail an obligation to indemnify Shutapp as if, for the same reasons, third party claims were brought against Shutapp, in which case it will hold the latter harmless, with the possibility of claiming any expense, cost, loss or damage derived from the measures taken.
8. Data protection
With regard to third parties personal information provided to TheTool by its users (for example, third parties’ email addresses or any other personal information Shutapp may have access to as a consequence of the use of TheTool by its users), Shutapp merely acts as responsible of data processing, under the law Ley Orgánica 15/1999, de 13 de Diciembre, de protección de Datos de Carácter Personal. Under that provision, Shutapp shall only use that information under the instructions of the user who provided it, who will be responsible for it, under the aforementioned law.
When processing such information, Shutapp hereby undertakes to do it for purpose of allowing the user to enjoy TheTool and its features, applying the appropriate technical measures according to the applicable regulation. Shutapp shall refrain from using such information for other purposes different from those contained in these Terms and Conditions, as well as from transfering them to third parties, not even for its maintenance.
9. Waiver and interpretation of the Terms and Conditions
These Terms and Conditions, and all its particular terms and conditions are an agreement between the user and Shutapp.
If any clause of these Terms and Conditions is determined by a court of competent authority to be unlawful, invalid or unenforceable, it should be interpreted as nearly as possible to its original purpose. Such determination shall not affect the validity or enforceability of any other part or provision of these Terms and Conditions.
The failure of Shutapp to insist on strict performance and compliance with any of these Terms and Conditions shall not be construed as a waiver for the future of such term or condition.
The language applicable to these General Terms and Conditions is Spanish. If you have been provided with versions of these Conditions in other languages, this has been for simple courtesy, to make them easier to read; however, you expressly accept that these Conditions shall be governed by the Spanish version.
If there is any contradiction between what the Spanish version of these Conditions and their translation says, the Spanish version shall take precedence in all cases.
11. Governing law and venue
The relations between Shutapp and the user will be governed by Spanish law. In the case of a conflict in the interpretation or compliance with these Terms and Conditions they shall be subject to the courts of the city of Barcelona, expressly renouncing any other jurisdiction that may correspond to them, unless another different jurisdiction is determined as binding by law.
Date of last update:
This agreement was last updated on December 14, 2016.