Legal Statement and Terms of Use

 

The website www.deepull.com (the “Website”) is owned by Deepull Diagnostics SL, with registered office at Calle Baldiri Reixac 4 – 8, 08028 (Barcelona), identification number B55356729, duly registered in the Register Tomo 3265, folio 15, inscripción 1ª con hoja GI-66129 and whose contact email address is contact@deepull.com (“Deepull” or the “Company”).

Any person accessing the Website shall be considered a user (the "User"), and undertakes to strictly observe and comply with the provisions set forth in these terms of use (the "Terms"), as well as any other legal provision that regulates or applies to any access, use, functionality, service or other means necessary for the use of the Website or included within, as well as the Privacy Policy.

By using this Website, you agree to these Terms. Therefore, please read these Terms carefully before using the Website. If you do not accept these Terms, please do not use this Website.

Deepull reserves the right to modify any type of information or content that may appear on the Website. Likewise, Deepull reserves the right to suspend or close the Website at any time and without prior notice due to any circumstances.

  1. Ownership of the Website and User’s rights

All intellectual and industrial property rights or rights of any nature over the Website and its contents (including, but not limited to, information, texts, data, marketing content or other advertising documents, models, graphics, designs, software, programming, algorithms, source code, databases, images, photographs, voices, sounds, videos, multimedia content, distinctive signs, trademarks and other contents of the Website) are exclusively owned by Deepull or, where applicable, Deepull has a licence or express authorisation from the owners of such elements.

Deepull grants Users a non-exclusive, non-sub-licensable and non-transferable licence to use the Website and its contents for informational and non-commercial purposes, which shall be subject to the rest of the provisions included in these Terms, as well as to any other applicable conditions and legislation. In this regard, the User may view and download the contents of this Website for personal and non-commercial use, provided that all copyright and proprietary notices are retained. For the avoidance of doubt, reproduction and/or distribution of the contents of this Website for public or commercial purposes is expressly prohibited.

Users acknowledge and accept that the use of the Website and its contents does not imply the transfer in their favour of any intellectual or industrial property rights or right of any nature over the Website or any of the elements comprising the Website; nor does it constitute any authorisation for the creation of developments derived from the Website and/or its contents, except for the limited licence of use granted by Deepull to Users under the terms set out herein.

  1. Use of the Website

In general, Users undertake to comply with these Terms and to always comply with the applicable regulations, morality, good customs, the requirements of good faith and established public order, using due diligence, and to refrain from any improper use of the Website in any way that may prevent, damage or deteriorate its normal operation, the property or rights of deepull, other Users or, in general, of any third party. Users also undertake not to carry out any activity through the Website that may infringe the intellectual or industrial property rights or any other rights of deepull or any third party.

In particular, and without limiting the previous section, Users undertake to:

  • Not use the Website or part of it on other private or commercial websites, or use of the Website or any of its contents for commercial purposes; or establish hyperlinks to the Website or any of its contents for this purpose (unless expressly authorised in writing by deepull).
  • Not alter, copy, modify, decompile, disassemble, reverse engineer, license, lease, sell, or imitate the Website (including its underlying software).
  • Not use any software, technology, device, or mechanism of any nature to replicate in whole or in part the Website, as well as the information hosted or made available through it.
  • Not use any software, technology, device, technique, or mechanism of any nature with the aim of circumventing, avoiding, disabling, or deactivating the measures implemented to ensure the security of the Website and prevent unauthorized access to it, nor allow, authorize, or facilitate any third party to carry out any of the aforementioned actions.
  • Not introduce, store, or disseminate through the Website any program, data, virus, code, or any other element that is likely to cause damage to the Website or to any of the equipment, systems, or networks of deepull, of any other User, or, in general, of any third party, or that interferes in any way with the use and enjoyment of the Website by other Users.
  • Not use the Website (nor authorize, allow, or facilitate third parties to use the Website) for any purpose or objective other than those intended in these Terms.
  • Not introduce into the Website erroneous, false, untruthful, confusing, incomplete, or fraudulent information or data, or denigrating, injurious, slanderous information or that affects the rights to honor, privacy, and self-image of third parties.

Deepull is entitled to block access to the Website to any User in the event of a breach of these Terms, the applicable regulations, or the rights of deepull, other Users, or any third parties. Furthermore, deepull retains all other additional rights that may correspond to it against the User, especially those referring to the initiation of criminal or civil proceedings.

  1. Disclaimer of warranty

Deepull will do everything reasonable to ensure the correct functioning of the Website. However, deepull cannot ensure the absence of service interruptions for repair or maintenance of the Website, or due to lack of service coverage or failures in the equipment or networks necessary for the transmission of data, which are beyond deepull’s control. Deepull will take appropriate measures to reduce such interruptions.

  1. Exemption from liability

The User uses the Website at its own risk. By accessing the Website, the User undertakes to use the Website in accordance with the applicable regulations, and shall be liable to deepull and/or third parties for any damage or harm that may be caused as a result of any non-compliance with this obligation.

Deepull does not ensure that Users use the Website in accordance with the applicable regulations, these Terms, morality, generally accepted good customs and public order, nor that they do so in a diligent and prudent manner. Consequently, deepull shall not be liable for the use made by Users of the Website that may involve a violation of any type of regulation (national or international), intellectual or industrial property rights or any other rights of third parties.

Deepull shall not be liable for possible security errors that may occur or for possible damage that may be caused to the User's device (hardware and software) as a consequence of the presence of viruses in the User's device used to access and use the Website, of a malfunction of the Internet, of telephone breakdowns or lack of service coverage, interferences, omissions or disconnections in the operational functioning of the Website caused by causes beyond deepull’s control. In any case, deepull declares that it has adopted and will adopt, where appropriate, reasonable measures within its possibilities and the state of technology to ensure the correct functioning of the Website and to avoid the existence and transmission of viruses and other components harmful to Users.

Deepull shall not be liable for the information published on the Website that has been manipulated or introduced by a third party external to it.

Users shall be fully responsible for any data or content that they transmit or communicate to deepull through the Website.

Access to and use of the Website may involve data consumption. Deepull is not responsible for the costs incurred by Users in communicating and sending data or connecting to the Internet.

In any event, the limitations of liability contained in these Terms shall apply to the extent that they are in accordance with the applicable regulations.

  1. Hyperlinks policy

The Website may contain links to other websites and incorporate information obtained from third parties. Deepull does not have any control over these and is not responsible for their content, their operation or the transmission received from said third parties. Deepull offers the User such links and information solely for the convenience of the User and it is the responsibility of the User to read and accept the terms of use and privacy policies published on the linked websites or applications.

  1. Independence and integration of clauses

The unlawfulness, invalidity or ineffectiveness of any of the clauses of the present Terms shall not affect the effectiveness of the rest, provided that the rights and obligations of deepull or the User derived from the present Terms are not affected in an essential manner. Essential is understood to be any situation that seriously harms the interests of either party, or that affects the very object of the present Terms. Said clauses must be replaced or integrated with other clauses which, while complying with the applicable regulations, serve the purpose of the clauses being replaced.

  1. Applicable law and jurisdiction

These Terms are governed by Spanish law. In the event that the User acts as a consumer, the provisions of the applicable mandatory regulations shall apply.

Any dispute that may arise from the use of the Website or these Terms shall be submitted to the competent courts of the city of Barcelona (Spain). In the event that the User acts in its capacity as a consumer, to the court of the consumer's domicile.