Please read these Terms of Service ("Terms") carefully, as they constitute a legal contract between you and us, IGE and JIMA, individuals with NIF 60504290F and NIF 45640342Q, respectively ("we", "our"). We invite users to familiarize themselves with these Terms for a full understanding of their rights and obligations across all platforms where our applications and services are used.
We offer a wide range of applications designed to meet specific purposes, needs, and preferences. Our services are optimized to work on multiple platforms, facilitating smooth integration and use across various devices and interfaces, including but not limited to mobile devices.
These Terms govern your access to and use of our services, which include mobile applications and web-based services (collectively referred to as "App" or "Apps"), as well as other access modalities available on different platforms, such as Google Play, the Apple App Store, our website, or those operating beyond platform limitations. The term "Platforms" refers to the digital environments that enable the availability of our "Apps" for download, installation, access, or other uses.
It is important to note that these Terms apply to all our Apps and any other form of our digital services that provide functionalities, regardless of their purpose or the platform through which they are accessed (via their respective app stores), unless explicitly stated otherwise. This approach aims to ensure a consistent and regulated user experience across our collection of apps and services.
Below is a table of contents for these Terms for your reference:
By accessing or using our Apps that facilitate the use of our services available through our Apps or otherwise ("Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from accessing or using our Apps. Your commitment to us encompasses not only these Terms but also our Privacy Policy and any additional conditions that may apply to specific Apps, their features, or their subscription offerings.
We offer the possibility to use some features of our App without the need to register or log in. This option, which facilitates access to certain features of our App conveniently and easily, depends on the specific App and is at our discretion. Not all of our Apps require registration and/or provide different functionalities depending on whether the user is registered or not. However, to access the full range of features of our Apps, which may require (though not necessarily) registration, we suggest creating an account. Certain specific features of our App may require you to set up an account and use it within our App.
During the registration process, we ask for some basic information, including a valid name and email address, along with any other information required on the registration form as part of the process. To take full advantage of all features, it is advisable to register. We may allow registration through third-party authentication services such as Facebook, Google, or Apple ID, providing an option to link access to our App with these services if you choose this alternative. Each time you register, you confirm that you are authorized to provide us with the registration information and to formalize an agreement with us. Once registered, you are solely responsible for maintaining the security of your account, including protecting your login credentials. You are also responsible for all activities that take place under your account or in connection with it. If your account is used or accessed without your authorization, you must notify us immediately. It is important to note that if you do not provide your real legal name and/or accurate information, we may not be able to address your requests.
You must continue using the email address you provided during registration or the account in the third-party single sign-on (SSO) service you used to register for our App if you wish to maintain uninterrupted access to your account. If you lose access to the email with which you registered, we may not be able to continue providing you access to your account in our App.
To take full advantage of all features of our App, your device must maintain an active Internet connection. Please note that any data entered or activity performed on our App without a connection may not sync properly. You are responsible for bearing the costs associated with Internet access. To ensure optimal performance of the App, it is essential to maintain an active Internet connection and use devices with updated operating systems and software, including web browsers. We recommend using the latest versions, or those no more than one year old, of operating systems or web browsers such as iOS, Android, or others that our App supports. Please be aware that the App may not function properly, or at all, on outdated or unsupported operating systems or browsers. Compatibility may vary depending on the version of the device and browser.
We continually strive to improve and update our App to enhance your experience. Therefore, we will provide periodic updates, though without committing to any specific action unless explicitly stated. These updates may include improvements, new features, bug fixes, replacement of one feature with another, or limitation of features at our discretion (while respecting the terms of paid subscriptions). Some updates may be mandatory to continue using the App. We will inform you of these updates through notes within the App or in the respective app stores.
It is essential that you use our App legally and ethically, whether with a registered account or not. You are subject to the following terms to ensure appropriate use:
Our dedication to the protection and privacy of your data is outlined in Our Privacy Policy , Available in our Privacy Policy. This policy details the rules for accessing, storing, and handling the personal information we collect, including how this data is used, stored, and shared.
We collect information based both on the data you provide directly when registering in our App and on your interaction with it, including the products and services you purchase, the content you view, the time you spend on specific areas of our App, and other data generated during its use. We use this information to create your personal profile and offer you more relevant content in future interactions with our App.
We also collect technical information related to your use of our App, such as device details and accesses. This includes the type of device, operating system version, settings, Internet connection details, location, device identifiers, and information from third-party accounts if you use our App through social media plugins or integrated systems.
The aforementioned data is collected for product development, marketing, promotions, and research purposes. Within the privacy settings of our App, we may offer the possibility to opt-out of data collection for certain purposes. However, please note that some collection processes are crucial for the operation of our App, and therefore opting out may not be possible, requiring your consent to process essential data for using the App.
We also collect non-identifiable data about your use of the App, such as browsing patterns, preferences, and aggregated statistics. This information may be used to improve our services and offers, and could be selectively shared or sold to business partners and researchers, always under strict privacy standards and without including identifiable personal data such as your email.
Although we regularly back up data, you are responsible for safeguarding the information you transmit or generate through the use of the App. You agree that we will not be liable to you for any loss or corruption of such data, and you waive any right to claim for such loss or corruption.
Our services and systems are hosted in multiple locations. By using our App from a region with different data protection regulations, you agree to the transfer and processing of your data as specified in the Privacy Policy.
Depending on the specific objectives and features of the App, we offer a variety of functionalities and/or services through the App, which include:
We reserve the right to modify or suspend any functionality of the App at any time.
Although we strive to maintain the availability of the App, temporary interruptions may occur due to maintenance or unexpected issues. We commit to informing users in advance about any planned interruptions.
We do not guarantee that the content of the App is suitable for any specific purpose. We make no representations or warranties regarding the accuracy, reliability, completeness, adequacy, or timeliness of the content of the App, its graphics, links, or any other elements.
Our App may contain premium features that are only available after making a payment. Subscription payments are primarily made through the marketplace of your choice, such as, but not limited to, the App Store or Google Play. Any questions or claims about your subscription payment through these channels should be directed to the respective marketplace operator. The marketplace operator is responsible for all associated processes, including payment disputes. The terms of these marketplaces prevail over any agreement related to the transaction for accessing features of our App. Payments made are final and non-refundable, except under the terms offered by these marketplaces.
We offer various types of subscription plans, each with specific features and prices, available in our App or the marketplace where it was installed. You must review and accept the terms of any subscription plan before selecting it and making the payment.
Depending on current offers, you can choose between payment options such as monthly or annual subscription. Subscriptions may be recurring or not, depending on the specific offer. We may also offer bundled purchases, in-app purchases, and access to specific content at our discretion.
We may offer a trial period for our subscriptions or paid features to both new and existing users at our discretion. The conditions of the trial period vary depending on the features of the respective marketplaces. At the end of the trial period, you may or may not be required to pay for a full subscription period, depending on the terms offered. The demo version is intended for evaluation purposes and may have limitations. The limitations of the demo version may change at any time and apply to all uses of our App, whether under a paid subscription or during the demo period. The demo version is provided "as is," without any warranties, and to the maximum extent permitted by law, we are not responsible for any damages that may arise from its use.
We reserve the right to change or discontinue subscription offers at any time without prior notice. However, any changes made will not affect subscription plans that you have already paid for. If we change our subscription plans, we may contact you to offer a different plan in exchange for the current one.
Payments can primarily be made through the marketplace operator. If you pay directly with us, we accept all major credit and debit cards, and payments are processed in the currency of your choice, authorizing us to charge your preferred payment method. It is your responsibility to keep your payment information up to date. Fees are based on the selected plan and must be paid in advance and in full.
If your access to our App or its paid features is interrupted because payment is not completed on time or in full, please be aware that we may rely on payment information received from marketplace operators. If you reinstall the App on another device, you may need to use features such as restoring purchases to access features or content previously purchased or subscribed to.
Marketplace operators are responsible for settling taxes and similar payments. If you pay directly with us, except in jurisdictions where taxes are required to be included in the displayed price, our prices do not include taxes or other government fees. You are responsible for all such charges as a result of your use of our App and services. If you are exempt from certain taxes, you may need to provide us with valid documentation or a tax identification number.
By purchasing a subscription plan for our App, you are acquiring digital content or a digital service. Once the payment is made, we will provide you access to the purchased subscription plan.
The terms related to the trial period (if applicable), subscription cancellation or withdrawal, and possible refunds are subject to the conditions set by the marketplace operator at the time of purchase or subscription to our App or its paid features.
If you encounter problems with your subscriptions beyond payments or their duration, we invite you to notify us immediately at the email support@oklista.com . It is important to note that we do not directly manage payments or refunds for subscriptions made through third-party marketplaces where our Apps are offered.
When you subscribe to a plan for our App or its features through a marketplace operator, they will inform you about the automatic renewal policies for subscriptions. Unless stated otherwise, each subscription will automatically renew for a period equal to the initial one unless you or we cancel it in accordance with these terms.
You can cancel your subscription according to the plan conditions and through your account settings or specific terms we have established in writing. If applicable, the cancellation will take effect at the end of the current billing cycle. Please note that our payments are final and non-refundable under any circumstances.
After cancellation, all services linked to the subscription will be suspended or terminated. We may, but are not obligated to, retain your account information and settings after the expiration of your subscription to facilitate future account restoration and for business development purposes.
Outstanding obligations under these terms, as well as provisions on intellectual property rights, disclaimers, liability limitations, indemnity, data retention and portability, dispute resolution, applicable law, and jurisdiction, will persist after subscription cancellation or termination of our agreement.
If you are protected by consumer laws, you may have additional rights. For example, you may cancel your subscription or receive an immediate refund if (a) it is clear that we will not deliver the digital content or service, or (b) it was agreed or understood that a specific delivery date was crucial, and we did not meet that date.
In addition to these general terms and subscription plans, certain services offered in our App may be subject to special terms. If so, you will be informed in writing, electronically through our App, or by email. These special terms may set additional conditions or requirements for the provision of certain services, specific parts of them, or App features, and may modify the general terms but only to the extent expressly communicated. In case of conflict, the special terms will prevail over the general terms.
We may introduce new features, products, and services that will be governed by these terms unless otherwise specified in specific conditions that regulate their use. These new features will be available as separate services and will not be automatically included in current subscription plans unless explicitly confirmed otherwise by us.
In our App, we display ads from our business partners and others, which you can manage through your device settings.
The ads you see may be personalized based on your preferences, device settings, and interaction with the App. We use the data we collect about your usage to offer you advertising that we believe is relevant to you.
Additionally, depending on your preferences and settings, we and our partners may use cookies or other technologies to monitor your use of the App and show you personalized advertising both on our site and on third-party platforms. Depending on your settings and applicable laws, you may choose not to allow the use of your data for certain purposes by following instructions on your device, browser, or our Privacy Policy.
We may contact you directly via emails, in-App notifications, or push messages if you have consented to this. These messages may include advertising for our App and services or products from our business partners. After confirming your age within the App, we may send you information about age-restricted products, such as alcoholic beverages or products high in fat, sugar, or salt. You must adhere to the laws of your jurisdiction regarding the consumption of these products. We do not encourage the consumption of any specific product.
In the free version of the App, you agree to receive marketing messages that include products from our partners, such as alcoholic beverages, as long as you pass the necessary age verification.
We are not responsible for external links, sites, or third-party services that may be linked from our App, systems, website, or emails. Interacting with them is entirely at your own risk.
Our App may interact with third-party applications or services, and any data exchange between you and those providers is a direct relationship between both parties. We do not endorse or support these services or applications, even if they are labeled as "certified."
You have the ability to provide data to our App in compatible formats, such as texts, comments, or photos, and in return, receive derived results or personalized suggestions. You retain ownership of all the data you enter and we grant you the rights to use the App's results according to these terms and for purposes appropriate to the App's functionality, excluding commercial uses.
By uploading your data, you give us permission to collect, store, and process this information. You confirm that you use the App only for personal and not commercial purposes (though internal commercial use is allowed, with all warranties and responsibilities regarding the suitability of our App for commercial purposes being expressly denied).
We may use your feedback to improve our services, especially the development of the App and the accuracy of its functions for other users. By posting feedback, you grant us a non-exclusive license to use and display this content for our own commercial and marketing purposes.
By accepting these Terms, you do not acquire any intellectual property rights over our App, nor do we claim to transfer such rights. OkLista, along with any applicable third party, retains all rights, title, and interest in such property. We clearly state that we do not claim ownership, responsibility, or intellectual property rights over the content or materials you provide to us through our App.
Unless specifically agreed upon in writing, all software, code, databases, interfaces, digital content, and other materials in our App, including logos, trademarks, trade names, and other graphic elements (collectively referred to as "App Content"), are our exclusive property or that of our licensors. This Content is protected by intellectual property laws. Unless stated otherwise in these Terms, no rights to the App Content are granted, and all rights are reserved by us.
We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use our App solely for personal and non-commercial purposes. This license does not include permission to:
The use of the App or its Content outside the limits set by these Terms is strictly prohibited and grants us the right to terminate your license and/or agreement without prior notice. Such unauthorized use may also violate intellectual property laws and other regulations.
Unless explicitly specified, these Terms do not grant any license or rights to any patent, trademark, copyright, or other intellectual property rights of OkLista or third parties, whether by implication or any other means.
Right to Monitor App Usage
We also reserve the right, without limitations and at our discretion, to restrict access, limit availability, or disable any functionality of your account. We may remove any files or content from our systems that are problematic or violate these Terms, and manage our App as we see fit.
We reserve the right, without notice or liability, to deny the use of our App to any individual or entity for any reason, including blocking specific IPs. If your account is terminated or suspended, you are prohibited from creating a new account under any name. Furthermore, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive actions.
You confirm that we are not obligated to actively monitor the use of our App and are not required to act against users unless you submit a formal complaint with evidence of the violation.
If you violate any of these Terms, we may suspend or terminate your account and access to our App immediately, without prior notice. Additionally, you may be barred from any present or future use of our App and services.
If it is found that you have violated these Terms before the end of a subscription period for which you have already paid, you will not be entitled to any refund, and you will lose access to the premium features of our App.
To protect the integrity, security, and quality of our App, we reserve the right to suspend, terminate, or deny your use of our services if we believe your use of the App violates our acceptable use policies or these Terms.
If we believe your content is illegal or violates these Terms, we may restrict your access to our services, remove such content, suspend or terminate your account. We will notify you of our decision, the actions we have taken regarding your content or account, the reasons for our decision, and the options to appeal our decision. You can appeal our decision by justifying why you believe the content was not illegal or did not violate these Terms. We will respond to your appeal within 14 days. You also have the option to resolve the dispute through an extrajudicial or judicial dispute resolution process, or with the competent Digital Services Coordinator.
If we suspect that you are violating these Terms or any applicable law, or if your actions are harmful to our App or its users, we may suspend your access while we conduct an investigation. The decision to resume services after such a suspension is at our discretion, and you are not entitled to any compensation for the interruption during this time.
Although these Terms apply from the moment you start using our App and remain in effect until you stop using it or until your active subscription with us ends, we reserve the right to terminate your subscription at any time for any reason, with 30 days' prior notice. Immediate termination is possible if you commit a serious violation of these Terms, pose a security risk, engage in fraudulent activities, or expose us or third parties to legal liability.
Our services and the App are offered as-is and are available under the current terms, which may be subject to change. The use of our services and the App is at your own risk, and you assume all risks. We assume no responsibility for the content you create, store, or transmit through our App.
We do not guarantee the accuracy of the content of the App, nor of the App and our website itself. All warranties, including those of suitability for a specific purpose, non-infringement, and those derived from the course of negotiations and commercial use, are excluded.
We do not guarantee that our Apps, services, or content will meet your expectations, function without interruptions, be secure, or be error-free. Also, we cannot guarantee constant availability, including not being responsible for any service interruption due to technical causes or force majeure events.
We also do not claim that you will obtain specific results from using our services or the App. We are not responsible for personal or property damage arising from your use of our services, unauthorized access to our servers, or any interruption or cessation of transmission to or from our services.
We do not guarantee, endorse, or assume responsibility for products or services offered by third parties through our App or links within it. The responsibility for transactions with third parties rests with you, and we recommend caution in such transactions.
You agree to defend, indemnify, and hold us harmless, along with our affiliates, officers, agents, and employees, from any third-party claims arising from your use of our App. We reserve the right to take control of the defense at your expense, and you must cooperate in such a defense. We will promptly notify you of any claim that requires your indemnification.
We will not be liable for incidental, special, indirect, or punitive damages, including, but not limited to, business losses, lost profits, or emotional distress, regardless of the legal basis for the claim, even if we have been advised of the possibility of such damages.
Our liability will not include indirect, special, or consequential damages, nor loss of profits, and we are not responsible for interruptions or inoperability resulting from a lack of security measures.
We disclaim responsibility for third-party content or advertisements displayed in our App or integrated into it.
Our total liability to you for any incident will not exceed the amounts you have paid during the three months prior to the incident in question. The maximum aggregate liability to you will not exceed the total amount you have paid during the duration of the services provided. In case of breach of our warranties, your only remedy will be the cancellation of your subscription and the corresponding refund.
All interactions through the App, emails, and online forms constitute forms of electronic communication. By using these means, you agree to receive communications from us electronically, which satisfies any legal requirement that such communications be in writing. Additionally, you agree to the use of electronic signatures and electronic documents in all your transactions with us. Electronic communications are considered delivered one day after being sent. It is your responsibility to keep your contact information up to date.
If you have any complaints about our App, our services, or any content that you believe infringes your rights or these terms, you can contact us by sending an email to support@oklista.com terminos-condiciones.text_137_2
Neither you nor we may transfer or assign these terms and their obligations without the prior written consent of the other, except in the case of a merger, acquisition, or reorganization where we may assign this agreement without consent. This agreement will be binding on permitted successors and assigns.
If any part of these terms is declared invalid or unenforceable, that part will be severed and will not affect the validity and enforceability of the remaining terms.
Failure to exercise a right under these terms does not imply a waiver of any rights in future instances, and any omission by either of us to enforce a right under these terms will not constitute a waiver of that right.
The services are offered in Spanish, which is the primary language for our customer service. While we may provide translations into other languages for convenience, they are not guaranteed and may be inaccurate. By using our services, you acknowledge and agree to operate in Spanish.
These terms are governed by the laws of Spain, without prejudice to the consumer protection laws that may apply in your jurisdiction. In case of conflict, consumer protection laws will prevail.
Any dispute will first be subject to an attempt at amicable resolution for at least thirty days before initiating legal action. Unless otherwise required by consumer protection laws, any legal proceedings will be conducted in the courts of Barcelona, Spain.
We may modify these terms by posting a revised version on our website. If the modifications materially affect your rights or obligations, we will notify you directly. You are authorized to cancel your subscription if the changes are not to your liking, under the conditions that will be communicated to you. However, any changes will generally apply to future billing cycles or new agreements, and will not be grounds for immediate termination without notice. Significant changes will be notified at least 7 days in advance and will take effect in the next billing cycle, unless they introduce new features, which may apply immediately. Your continued use of the App following the changes indicates your acceptance of them.
If you have any questions or concerns about these Terms, feel free to contact us through the means provided in our App or website.