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Legal Notice

Last updated: February 1, 2024

This legal notice (the “Legal Notice”) governs access to and navigation on the website https://www.vivara.io/ (the “Website”).

The Website is owned by VIVARA SOLUTIONS, S.L. (“Vivara Solutions” or “we”), whose identification and contact details are as follows:

NIF: B72812415
Address: Alcalde Barnils 63, 08174, Sant Cugat del Vallès (Barcelona)
Contact phone: 699270611
Contact email address: legal@vivara.io
Registration data in the Commercial Registry: Commercial Registry of Barcelona, Volume 33172, Folio 168, Sheet No. B-9280

This Legal Notice is applicable to anyone accessing the Website (the “user” or “you”). If you do not agree with this Legal Notice, you must not access or use the Website.

Additionally, if you wish to contract any of the services that Vivara Solutions offers through the Website, the specific conditions of said service will apply to you. Vivara Solutions will inform you of the specific conditions applicable to each service during the contracting process.

The original version of this Legal Notice has been drafted in Spanish. However, as a courtesy, Vivara Solutions may make versions of this Legal Notice available in other languages (e.g., English). In case of contradiction between versions, the Spanish version will prevail.

1. Conditions of access and use of the website

1.1. Access to and use of the Website is only permitted for individuals over eighteen (18) years of age.

1.2. Access to and use of the Website generally do not require the creation of a user account. However, access to and use of certain restricted sections or functionalities may require user registration.

2. Intellectual and industrial property

2.1. Vivara Solutions and its collaborators own the intellectual and industrial property rights over the Website and all its related elements. This includes, but is not limited to:

  • All rights over the source code, object code, interface, databases, and other elements of the Website.
  • All contents of the Website (images, texts, videos, etc.).
  • All rights over the trademarks, trade names, and other distinctive signs of Vivara Solutions and its collaborators.

2.2. Users are not authorized to reproduce, distribute, publicly communicate, or transform the Website or its contents.

2.3. For example, the above implies that users cannot extract or reuse, in whole or in part, the information available on the Website, whether the extraction is done through automated techniques (screen-scraping, bots, spiders, etc.) or manually.

3. Permitted uses of the website

3.1. As a user of the Website, you represent and warrant that you will make proper use of it.

3.2. The following list includes, by way of example, some of the commitments you assume:

  • You will not use the Website to transmit or install viruses or other harmful elements.
  • You will not attempt to access restricted sections of the Website or its systems and networks.
  • You will not attempt to circumvent the Website’s security or authentication measures.
  • You will not replicate, reverse engineer, or decompile the Website (except where expressly authorized by law).
  • You will not make abusive use of the Website or use it in a way that may cause saturation of the Website.
  • You will not use the Website to extract information that allows you to offer a competing product or service (analog or digital) to the Website or other products and services offered by Vivara Solutions.
  • You will not use the Website for illegal purposes.

3.3. The above list is merely indicative, and you must comply with all other obligations applicable to you under this Legal Notice and applicable regulations.

3.4. If you make unauthorized use of the Website or if, for any other reason, your use of the Website causes damage to Vivara Solutions or third parties, you will indemnify us.

4. Temporary and/or permanent restriction of access to the website

4.1. Your access to the Website may be temporarily or permanently blocked, without prior notice and without liability for Vivara Solutions, if Vivara Solutions knows or has reasonable suspicion that you are violating this Legal Notice or applicable regulations.

4.2. We may also temporarily or permanently restrict (as the case may be) access to the Website when we are performing maintenance tasks or when, for any reason, we cease to provide our services related to the Website.

4.3. You will not have the right to make any claim against Vivara Solutions related to the temporary or permanent blocking of your access to the Website.

5. Links to third-party websites

5.1. The Website may contain links to third-party websites.

5.2. Vivara Solutions does not control and is not responsible for the content of these websites. If you use any of the links to third-party websites contained on the Website, you do so at your own risk. If accessing these third-party websites causes you any harm (including damages caused by viruses and other malicious elements), you should claim against the third-party owner of that website.

5.3. Additionally, remember that the use of such websites will be subject to the terms of use, privacy policy, cookie policy, and any other conditions imposed by the responsible third party of that website.

6. Processing of personal data

6.1. At Vivara Solutions, we take the processing of your personal information very seriously. Please refer to our Privacy Policy and Cookie Policy for more details on how we handle your personal data.

7. Representations, warranties, and liability of Vivara Solutions

7.1. The Website is provided “as is” and “as available,” without any warranties of any kind.

7.2. Please note that we will not be liable for any damages you may suffer due to:

  • The lack of suitability, accessibility, availability, usefulness, or performance of the Website.
  • Errors or lack of accuracy or quality of the data and information contained on the Website.
  • Possible compatibility issues between the Website and the device from which you are accessing the Website.
  • Unauthorized intrusion by a third party or the introduction of viruses into your computer systems.

7.3. When applicable regulations do not allow the limitation of liability as outlined in this clause, Vivara Solutions’ liability will be limited to the extent permitted by law.

8. Suggestions, inquiries, and complaints

8.1. If you wish to send us a notification (including any suggestions, inquiries, or complaints), you can write to us at the email address: legal@vivara.io

9. Modifications to the website and/or this legal notice

9.1. We reserve the right to, at any time and without prior notice, make improvements, replacements, or modifications to any functionality or content of the Website.

9.2. Additionally, we may modify this Legal Notice at any time. If you continue to access or use the Website after the new version of the Legal Notice is published, it will be understood that you have accepted the new Legal Notice and will be bound by its terms.

10. Applicable law and jurisdiction

10.1. This Legal Notice and access to and use of the Website are governed by Spanish law.

10.2. If you are a consumer or user under applicable regulations, when required by law, we will submit any dispute related to this Legal Notice and access to and use of the Website to the exclusive jurisdiction of the judges and courts of your place of residence. In all other cases, whenever permitted by law, you and we, expressly waiving our own jurisdiction, agree to submit to the judges and courts of the city of Barcelona.

10.3. If you are a consumer or user, you may also use the European Commission’s online dispute resolution platform, which can be accessed through this link.