The website located at https://app.dothinktool.com, including any of its subdomains or sections (hereinafter, the “Website”) is operated by Pensadores de Ideas S.L., with C.I.F. B99460271 (hereinafter “DoThink”) as well as any of the mobile applications published by DoThink (hereinafter, the “Applications”).
These terms and conditions of use (hereinafter, the “Terms”) govern the access, navigation and use of the Website; The download and use of the Applications by its users (hereinafter, the “User” or “Users”, as applicable); As well as the services provided through the Website or the Applications (hereinafter, the “Services”).
The access and use of the Website or the download or use of the Applications means that the User has read and accepted in its entirety and is obliged to comply fully with these Conditions. DoThink may modify these Terms at any time, so we recommend your review regularly.
Some of the Services may be subject to specific conditions or instructions from DoThink or third parties providing them, which will complete or, if contrary to what is established herein, will replace the contents of these Terms, and which must be accepted by the User before To start providing the corresponding Service.
1. PURPOSE OF THE SERVICES
Through the Services, the User can create, save, publish, share, send, search and download descriptions as a collaborative platform oriented to the structuring of processes of ideas gestation and development of new solutions, allowing to have a recognizable working environment With multiuser collaboration (hereinafter, the “Processes”) as well as information and contents in relation to them..
2. AUTHORIZED USE
The User undertakes not to use the Services in a negligent way, for fraudulent purposes or for the purpose of infringing the Law. Likewise, the User undertakes not to carry out any behavior that could damage the image, interests and rights of DoThink or third party. The User will not interfere in the operation of the Website, the Applications or the Services, in particular, to impersonate another user or person. The User undertakes not to perform any act that damages, impairs or overloads, impairs or impedes the normal use of the Website, the Applications or the Services, that affects its security or that complicates or interferes with them.
Access by robots, spiders or any other device, program, mobile application or tool to access, copy or control any part of the Website, Applications or Services or any other access and use of the Website, the Applications or Services that is contrary to normal exploitation and for personal purposes or that unjustifiably damages the interests of DoThink, without prior express authorization of DoThink are forbidden. Likewise, it is forbidden to obtain or attempt to obtain the contents of the Website or Applications (including User Content, as this term is defined below) using means or techniques different from those that assume the usual way of use or those expressly authorized by DoThink.
In any case, the use of the Services through the Applications by a User is presumed to be abusive and not authorized when (i) their use of a specific service is superior to the use made by 99% of users in a specific period and (ii) DoThink believes that it may affect the quality or safety of the service of other users. DoThink will block access to abusive or unauthorized users. The ability to block malicious users is the only way to ensure that we can provide a reliable service to all legitimate users.
It is the responsibility of the User to verify, prior to its use, that the Services are adapted to their needs..
To use certain Services, the User must register, creating a user and password and activating his account. For these purposes, the User must provide a valid email address, through which he receives any notification regarding the Services.
The User undertakes to provide the information required for registration as a mandatory as well as to provide truthful, complete and up-to-date information. It is the responsibility of the User to keep updated, in the form that corresponds, the mentioned information. If You provide, or DoThink has any reason to suspect that you have provided false, non-updated or incomplete information, DoThink may suspend or terminate your registration.
The User must guard his password, treat it confidentially and not reveal it to other people. No other users should be allowed access from the User’s account nor should the account of another user be used. The User is responsible for what is done from his account through any device. If you suspect another user is using your account, you must immediately inform DoThink and you may suspend or cancel the User account if you believe that you have breached these Terms.
4. RULES IN CONNECTION WITH THE CONTENTS
Through the Services, Users can:
i. Create, save, host or share your Processes, through the Website or Applications.
ii. Hosting and publishing photos, videos or additional information relating to these Processes or to your account, through the Website and Applications or with links to third party sites.
iii. Express your opinions and comments to the activity descriptions (hereinafter the “Comments”).
By posting Processes, Photos and Videos in your case, comments or any other information or content (collectively, the “User Content”), the User agrees to comply with the following standards:
i. The User Content must be relevant, respect at all times the rights of third parties, not be contrary to laws, morality and public order and comply with these Conditions. The Users must take into account that through the Services can publish the User Content in a public forum and are responsible for what they store and publish through the Website and Applications.
ii. The User must be the owner of the intellectual property, industrial or any other rights over the Content of the User that shares, as its author or original owner or be authorized by the corresponding author or holder of the rights.
iii. If the User’s Content contains the image, voice or name of any person or any confidential or private information in relation to it, that person must have authorized the publication of that Content.
iv. The User Content must not include advertising or promotional material, nor be used to disseminate advertising or for the sake of profit or personal gain.
v. The User Content must not include viruses, worms or any type of code of a destructive nature.
vi. The User Content must comply with the technical conditions and requirements established at any time by DoThink.
DoThink is limited to hosting the User Content. Consequently, DoThink does not edit, select, examine, control, warrant, endorse or identify itself with the User Content. Specifically, in accordance with Law 34/2002 on Information Society Services and Electronic Commerce, DoThink as a provider of information society services through the Website neither supervises the content nor can it judge the content that the Users includes.
Notwithstanding that DoThink is not obligated to carry out a general supervision of User Content, DoThink may modify or delete, in whole or in part and at any time, any User Content that, in its judgment, breaches these Conditions or may be offensive, Illegal or infringe the rights of third parties.
The User acknowledges and agrees that he uses the Website, the Applications and the Services at all times at his entire risk and responsibility, so that DoThink is not responsible for the misuse, misuse or use contrary to these Conditions that can be made the same.
The User shall be liable for damages and losses arising from DoThink as a result of its use of the Website, Applications and Services in breach of these Terms and undertakes to keep DoThink and its administrators, staff, agents and representatives harmless Of any liability in which they may incur as a result of such breach by the User.
DoThink does not guarantee the availability and continuity of the operation of the Website, the Applications and the Services, nor their reliability, correctness or correctness or their usefulness for a specific purpose or activity. To the extent permitted by applicable law, DoThink excludes any liability for damages of any kind that may be due to the above.
Notwithstanding, but not limited to, DoThink is not liable for any damages that may arise from:
i. Interruptions, viruses, malfunctions, interferences, omissions or disconnections of the electronic system, communications system or in their equipment for reasons unconnected to DoThink.
ii. Delays or blockages in the use of the Website, the Applications and the Services due to deficiencies or overloads on the Internet, in the lines or in the electrical or communications systems.
iii. Third-party actions.
iv. The inability to access the Website, Applications or Services for maintenance or updating.
v. Any other assumption outside of DoThink’s control.
EXCEPT IN THE EVENT OF DOLOUS ACTION, AND THOSE IN WHICH THE USER’S OR THE OBJECT’S SPECIFIC CIRCUMSTANCES RESULT FROM THE APPLICATION OF AN IMPERATIVE LIABILITY SYSTEM, THE USE OF THE WEBSITE, APPLICATIONS AND SERVICES IS MADE TO THE ONLY AND ENTIRE RISK OF THE USER AND DOTHINK SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY NATURE THAT IS GENERATED TO THE USER BY THE USE OF THE WEBSITE, THE APPLICATIONS OR THE SERVICES.
In accordance with the provisions of the Fourth Condition above, in relation to the User Content, DoThink acts exclusively as a service provider consisting of enabling the Website and Applications as a space through which Users may store and publish said User Content. The responsibility for the storage or publication through the Website and the Applications of the User Content and all information, data, texts, software, sounds, photos, graphics, videos, news or other materials included therein is exclusive to User who stores or publishes it except in the cases expressly provided for in the Law.
The inclusion of links in the Services does not presuppose any relation, recommendation or supervision by DoThink with the landing page and, therefore, DoThink accepts no responsibility for its content, except in the cases expressly provided for in the Law.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All industrial and intellectual property rights on the Website, Applications, Services, graphic design and source code, as well as on the various elements included therein belong to or are licensed to DoThink.
In particular, and without limiting any of the foregoing, DoThink holds a “sui generis” right as the manufacturer of the database consisting of all the content of the Website and Applications. By virtue of this right DoThink prohibits the extraction and / or reuse of all or a substantial part of the content of the Website and Applications, evaluated qualitatively or quantitatively. DoThink also prohibits the repeated or systematic removal and / or re-use of non-substantial portions of the content of the Website and Applications when they involve acts contrary to a normal exploitation of that database or that cause unreasonable prejudice to the legitimate interests of DoThink.
The User is only authorized to access and use the Website, the Applications and the Services and to make downloads of its contents for a mere personal use and not commercial or collective non-profit. Except in those cases in which it is expressly authorized, the User is expressly forbidden to reproduce or distribute for other purposes, as well as the transformation, execution of derivative works of any kind, public communication, making available, extraction, reuse or any use The Web Site, the Applications or the Services or any of its parts.
The User will continue to own the rights to the User Content that he stores or publishes through the Services in accordance with the Fourth Condition above. In particular, User Content stored or published by the User in relation to a Route of its ownership will constitute a unit of content, which is offered in a joint and inseparable way, and the intellectual property rights above all belong to said User.
When you store or post any User Content, the User grants DoThink and DoThink users, who accepts, a non-exclusive, free license, with a global territorial scope, throughout the validity period recognized therein Applicable legislation, to:
i. The use of the User Content in relation to other contents.
ii. The carrying out of the technical or maintenance activities necessary to comply with the above.
The User guarantees that he is the owner of all necessary rights to the User Content for storage and publication through the Services and for the granting of the previous license or that he has obtained all transmissions of rights, licenses, permits or consents.
Likewise, when this results from the conditions set by the User in the registration process or in the management of his account, the User authorizes DoThink to publish and use in accordance with these Conditions all information related to his account that the User has Accepted to publish. The User acknowledges that his username will be public in any case.
The terms of this license govern any updates provided by DoThink that replace or supplement the original Applications, unless such upgrade is accompanied by a separate license, in which case the terms of that license will apply.
DoThink grants the User a non-transferable license to download and use the Applications, in object code only, in a device owned or controlled by the User and only for the purposes and uses authorized by these Terms. This license does not allow the User to use the Applications on any device that is not his property or that is not under his control.
The User will not distribute or make the Applications available to the public through networks where they can be used by several devices at the same time. The User will not rent, sell, distribute, communicate to the public or sublicense the Applications.
The User will not copy (except to the extent expressly authorized by this license), decompile, reverse engineer, disassemble, attempt to obtain the source code, modify or create derivative works of the Applications, their updates or any part of the (Except and only to the extent that such restriction is prohibited by applicable law or by the licensing terms governing any of the open source components included in the Applications). Any attempt to carry out the above actions is a violation of the rights of DoThink and its licensors.
The User agrees that DoThink may collect and use certain technical data and information (including, without limitation, technical information) on the User’s device, system and software and its peripherals, on a regular basis to facilitate the provision of software updates, maintenance and Other services related to the Applications. DoThink may use this information, as long as it is dissociated, to improve its products or provide services or technologies to the User.
This license may be terminated by DoThink or the User. The rights of the User under this license will terminate automatically without notice if the User breaches any of the conditions of the license. Upon termination of the license, the User will cease all use of the Applications and destroy all copies, total or partial, of the same.
To the extent permitted by applicable law, Applications are provided “as is” and “as available”, with all its defects and without warranty of any kind and DoThink disclaims any warranty with respect to the Applications, whether express, implied Or legal, including without limitation warranties of merchantability, satisfactory quality or validity for a particular purpose. In the event that the Applications are defective, the User assumes all the costs of the necessary services, repairs and corrections, to the extent permitted by applicable law.
It is prohibited, without written permission from DoThink, to directly link to maps on DoThink servers, to include maps in products or applications or any commercial use.
8. MODIFICATION OR TERMINATION OF SERVICES
DoThink may, at any time and without incurring any responsibility, vary the content of the Website, the Applications or the Services, interrupt the provision of all or some of the Services and functionalities or disable or delete all or some of the accounts, Without limitation other than those established by the applicable laws on the obligation to keep records of certain operations during the corresponding legal deadlines.
9. GENERAL INFORMATION AND CONTACT DETAILS
The use of the Website, Applications and Services is governed by Spanish law. In case any of the provisions contained in these Conditions are declared void, they will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these Conditions.