1. Information
In accordance with the provisions of article 10 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services (“LSSI”), we hereby inform you that the application Financial Regulatory Alerts (the “App”) is operated by GMS Management Solutions, S.L. (hereinafter “MS”or “Management Solutions”), with tax identification number (C.I.F.) B-83509307, registered in the Mercantile Register of Madrid (Spain), Book 18.271, Sheet 219, Section 8, Page M-316664, with headquarters at Plaza Pablo Ruiz Picasso, 1, Torre Picasso, 28020, Madrid, Spain. You can find more information about how to contact us through the “Where we are” section on our website.
By downloading the App, the user (“User” or “You”) accepts said App in full and undertakes to fully comply with the terms and conditions contained in this Legal Notice and Terms of Use, as well as in our App Privacy Policy . Therefore, the User must carefully read this Legal Notice and Terms of Use every time he/she intends to use the App, since both the App and its terms of use may undergo modifications.
2. Accessing our App
Access to our App is free, except for the cost of connection through the telecommunications network supplied by the service provider chosen by the User.
MS retains the sole right to modify, update, cancel, remove, revise, delete or make any other changes to all or part of the App, at any time, when there is a valid cause or reason justifying the changes, and to the maximum extent permitted by the applicable law.
We shall under no circumstances be responsible for any failure occurring in the App due to incompatibility (including but not limited to minimum storage and memory requirements at all times).
You undertake not to use the App for fraudulent purposes and to refrain from any conduct that may adversely affect the image, interests and rights of MS or third parties. You also agree not to take any action which might damage, invalidate or overload the App or in any way impede its normal use and operation.
We inform you that, in the event of failure to comply with this Legal Notice and Terms of Use, we reserve the right to limit, suspend or terminate your access to the App, and shall take such technical measures as are necessary to that end.
Finally, we inform the User that MS reserves the right to at all times decide on the continuity of the services it provides through the App.
3. License to use the App
MS grants the User a license to use the App (the “License”), on a free-of charge, non-exclusive, non-transferrable basis, for use at the global territorial level (the “Territory”) for the User’s personal purposes only, to receive alerts relating to financial regulations.
Through the App, the User will receive alerts on news about the main financial regulations issued by any of the relevant regulators and supervisors in the Territory.
The alerts include a brief analysis carried out by Management Solutions’ expert teams – without said analysis entailing the provision of any advice or professional opinion on the part of MS, as well as a direct link to the original document.
The License has an unlimited duration from the time the App is downloaded, except as provided in clause 7.
Given the free nature of the App – and subject to the provisions of clause 6, the User accepts that there will be no compensation from MS for any loss or damage in connection with the App.
4. Intellectual and industrial property
For the purposes of this License, "Intellectual and Industrial Property Rights" means all rights recognized by any applicable intellectual property regulations for any purpose and for any type of use (in particular, authors’ rights and related or neighboring rights and sui generis database rights), as well as all rights recognized by any applicable industrial property regulations (in particular those relating to trademarks, patents, utility models, industrial designs and domain names), also including social profiles and know-how which are registered, unregistered or have been requested, and in any case including the power to request the appropriate registrations and entries for obtaining or protecting these rights.
The User acknowledges that MS is the owner of all Intellectual and Industrial Property Rights over the applications, programs, modules and developments that constitute the App.
MS’s ownership of Intellectual and Industrial Property Rights includes, among others, computer systems and data, listings, diagrams, interfaces (including graphic and user interfaces), reports, manuals, support material and other elements that complement the App’s programs/applications/developments.
The User will not reproduce, copy, modify or disseminate the programs/ applications/developments or other elements/units that constitute the App’s content, unless the User has obtained prior, express written consent by MS.
The User undertakes not to claim or register, directly or indirectly, any Intellectual and Industrial Property Right related to the App or to MS.
The User will refrain from the following:
- Try to decompile, reverse engineer, disassemble or hack the App or avoid or frustrate our encryption technologies or security measures.
- Upload any element in the App to collect information, such as pixel tags, cookies, gifs or similar devices sometimes knowns as «spyware» or «pcm» (passive collection mechanisms), among others.
- Create derivative works based on the App’s content.
- Use the App for any purpose other than keeping informed.
- Sell, assign, authorize, distribute, transfer or make available the content of the App to third parties.
- Use our App to contravene any law or regulation in force.
5. Linked Sites
In order to help the User find additional information, we may include various technical linking devices that allow access to other websites ("Linked Sites"). In such cases, MS acts as a provider of intermediation services, according to the provisions of article 17 of LSSI. In accordance with the provisions of the aforementioned law, MS will not be responsible for services and content provided through the Linked Sites, unless it is aware of their unlawfulness and has not duly deactivated the link. Under no circumstances does the existence of Linked Sites imply recommendation, promotion, identification or agreement on the part of MS with the statements, content or services provided through the Linked Sites. Consequently, MS is not responsible for the content, terms of use and privacy policies of the Linked Sites, with the User being solely responsible for checking and accepting them every time he/she accesses and uses them. If the User believes that the Linked Sites contain unlawful, harmful, denigrating, violent or inappropriate content, he/she may inform MS of this by sending an email to: app@managementsolutions.com.
6. MS responsibility
The information provided by MS in the App does not constitute a professional opinion or advisory service, the sole purpose of the App being to provide Users with general information obtained from public data without MS assuming any responsibility for the information being truthful, accurate or up to date., MS is not responsible for any decisions based on the information provided in the App, since the contents of the App are of a general nature and do not constitute the provision of consulting services of any kind, therefore said information is insufficient for the User to make professional or business decisions.
MS is not responsible for any damages caused to the User as a result of risks inherent in the medium used, nor those caused by vulnerabilities in their systems and tools. Neither does MS guarantee the total security of its systems and, although it has adopted appropriate security measures, the existence of vulnerabilities cannot be completely ruled out, consequently the User needs to be careful when interacting with the App. MS will only be responsible for damages caused by use of the App when said damages are directly caused by intent or gross negligence on the part of MS and there has been no negligence on the part of the User.
MS will under no circumstances be responsible for indirect, unforeseen, special or accidental damages, including loss of profits, income or data suffered by any of the parties or by a third party.
7. Causes for early termination
MS may terminate this License with or without notice to the User, when the User commits acts that, without infringing the clauses of the License, may result in any kind of harm to MS, its reputation, its image, or its rights on the App.
MS may terminate this License automatically, without notice, in the event of non-compliance by the User of any of the terms of the License.
8. Effects of termination
Termination of the License for any reason will force the User, at his/her expense, to immediately cease in the use of the App and to proceed to the deletion of the App.
At the request of MS, the User is obliged to provide conclusive evidence that the App has been deleted in accordance with previous paragraphs of this clause and, therefore, that he/she does not have any copy of all or part of it.
We inform you that, in the event of non-compliance with the provisions of this Legal Notice and Terms of Use, MS reserves the right to limit, suspend or terminate access to and use of the App by the User, taking such technical measures as may be necessary to that end.
9. Other agreements
Should any of the clauses of the License prove to be null, void or cease to have legal effects between the parties, whatever the cause, the remaining clauses of the License will continue to be valid and enforceable against the parties, except where the benefits or considerations that are the object of the null, invalid or ineffective clause would have determined the offer or its acceptance in such a way that, without such benefits or considerations, one of the parties, or both, would not have entered into the License agreement.
10. Applicable legislation and competent jurisdiction
The License is governed by Spanish law.
The parties agree that any disputes, disagreements, issues or claims resulting from execution or interpretation of the License or in connection with it, whether directly or indirectly, shall ultimately be brought before the Courts and Tribunals of Madrid.