CONDITIONS OF USE
The access, navigation and use of the NaviLens Mobile App (hereafter ‘’Service’’), implies
express acceptance and without reservations all the terms of the Conditions of Use, having the same validity
efficacity as any written contract.
Its observation and compliance will be demandable regarding any person that, in a specific
has access to our service. If you do not agree with the exposed terms, do not access, navigate or use our
The present Conditions of Use have been elaborated under the Spanish language and national
legislation. In case of any doubt or ambiguity that may derive from the interpretation of the present text
particular, of the translation of it to other languages, prevail the sense related to the Spanish norm,
If any of the clauses or a part of such, of the present contract will be invalid for
the applicable legislation, such clause or part of such, will be unheld, but it will not affect the rest of
· Holder: NUEVOS SISTEMAS TECNOLÓGICOS S.L. (NEOSISTEC)
· CIF: B73351520
· Address: Calle Central nº 10, Azor Building, Floor 4, Espinardo (Murcia)
· Email address: email@example.com
In the present Conditions of Use it has been regulated the access, navigation and use of our
service, without prejudice that NEOSISTEC reserves the right to modify the presentation, set up and content of
such, as well as the required conditions for its access or use. The access and use of the contents regarding
service after the entry into force of its modifications or changes, mean the acceptance of them. Nevertheless,
NEOSISTEC will send a notification to the users in case of substantial modifications of the conditions and /
In the same manner, we inform the users about their rights and obligations regarding the
exposed in our service, as well as the responsibilities that can derive form the access to it.
For the purpose of the interpretation of the interpretation of the present Conditions of Use,
The following terms detailed hereafter will have the meanings given here:
· User: any
or juridical person that has downloaded the software app, registered as service user and subsequently accepted
Terms and Conditions of it, in which case they will use the services offered through the app.
· App: It is
software the app that is available for mobile devices through which NEOSISTEC offers the detailed services.
· Data: All those personal data and
information that the will request the user regarding their person and commercial preferences with the purpose
identify the services to give, which can be migrated through social networks.
· Services: Those defined in clause 4.1 of the present Conditions of Use.
user and Neosistec (Developer de la Aplicación NAVILENS).
· Promotions: all the discounts, benefits or advantages that, in a general sense,
constitute the object of the services and will be notified to the users as detailed.
4.- PROPERTY AND INDUSTRIAL RIGHTS
NEOSISTEC is the holder or, in this case, holds the corresponding licenses over the rights of
exploitation of intellectual and industrial ownership regarding the app, as well as all the contents offered
such, including the platform itself, texts, pictures or illustrations, logos, brands, graphs, designs,
or any other information or content, and the available services through these.
In no case it will be understood that the access, navigation and use of our services by our
implies the resignation, transmission, license or total or partial transfer of such rights by NEOSISTEC.
The user has the right to use contents contained in our services inside a strictly domestic
and only with the purpose of using them, according to the present Conditions of Use.
The references to brands or commercial registered names, or other distinctive signs, whether
belong to NEOSISTEC or to third part companies, implicitly carry the prohibition on its use without the
NEOSISTEC or their legitimate holders. In no case, except express communication against it, the access,
or use of our services and / or our contents gives the user any right over distinctive signs included in it.
It is reserved all the industrial and intellectual ownership rights over the contents of our
services, in particular, it is forbidden to modify, copy, reproduce, communicate publicly, transform or
distribute, by any means or form, the totality or part of the contents included in our services, for public or
commercial purpose, without the previous, express and written authorization by NEOSISTEC or, in its case, the
holder of the corresponding rights.
Thus, it is forbidden to eliminate or manipulate the indications of copyright or other
that may identify the holders of the rights of the contents that the user may find in our services, as well as
technical devices for protection, digital prints or any mechanism of protection or information that can be
integrated to the contents offered in these.
If the user had knowledge on the existence of any illicit, illegal, contrary to the law or
could represent an infraction of industrial and/or intellectual ownership, this must be notified immediately
NEOSISTEC through the email address firstname.lastname@example.org
this to proceed to the adoption of appropriate measures.
Also, in case any user or third party considers that any of the contents owned by NEOSISTEC
infringes their intellectual or industrial ownership rights, as well as any other rights, shall send a
notification to email@example.com containing at least the following information:
· Identifying data or means of contact of the claimant or its legal representative.
· Documents that credits their condition of holder of the allegedly infringed rights.
· Detailed narrative of the allegedly infringed rights by NEOSISTEC, as well as its accurate
location inside our services.
· Express declaration by the claimant that the use of the contents has been carried out
the consent of the holder of the allegedly infringed rights.
The user admits and accepts that the reproduction, copy, modification, distribution,
commercialization, decompiling, disassembling, use of reverse engineering techniques or any other mean to
the source code or transformation or posting of any result of unauthorized reference tests of any tests,
and integrated contents and offered inside the app constitute an infringement of the intellectual ownership
rights, obliging subsequently, not to take the aforementioned actions.
5.- USE RULES OF OUR SERVICE
If you use our service from any mobile
they will accept and therefore remain obliged to the arranged in the present Conditions of Use.
5.1. Service and Use of NAVILENS
NAVILENS is a system of smart digital markers that offer information through the detection
reading of these with the app.
collected the following hereby detailed information:
- Location detailed in the
- Date and time of the reading
the marker by a mobile device
- Identification number of the
- Identification number of the
device (the app does not store a number that allows to identify the device and can therefore be associated
a user, just a number composed by a part of the IMEI of the device and a random number).
- User email if it has been
The app has access to the following permits:
- Location: it is required for
correct delivery of the service and the improvement of the app functionalities.
- Camera: it is required for
reading of the marker.
- Storage: it is required for
user to make a personal annotation. This data is private for the user and is stored in local.
The mere download of the App is free for the users. These users can later on opt for hiring
another type of service that can be aggregated to NaviLens in a unilateral manner, by NEOSISTEC or other
that may have obtained the consent of NEOSISTEC to integrate the new functionality. Hiring a service will
the previous consent from the User in the moment of such hiring.
NAVILENS does not have any obligation to give or activate characteristics or particular
functionalities of any of the services.
In the case of the automatic updates, if you do not accept it, not allowing the installation
implementation of the changes, it can affect the service negatively.
Some of our services can be launched in its testing phase and are available as versions
Beta’’. This means it is possible that we have not completed the development of all the available Services and
that not all functions are completely functional or are available.
5.2. Minimum required age for the use of our services and responsible declaration regarding
18 as well as that you will comply with the agreements of our services, as with the valid law.
5.3 Service limitations
Neosistec does not guarantee that its services will be uninterrupted nor free of errors.
we do our best to guarantee that our services provide our users with a reliable experience, we cannot
that identification or other functional errors will not happen.
Our services are not aimed and must not be trusted in circumstances where serious damage can
inflicted, putting the life or health at risk or putting yourself or other people at risk.
The user must take into account their capacity to use the services depends on the
of the device they use to access the services, as well as the availability and coverage of wireless network,
Internet and telecommunication network, which implies premises created, owned or operated by third parties.
It is not permitted and there its consequences will be exclusive responsibility of the user,
access or the use of our services with illegal or unauthorized, with or without economic goals. Concretely,
without the following list having a definitive character, it is forbidden to:
· Use our service in a way that can cause damage, interruptions, inefficiency or defaults in
functioning or in the system of third party;
· Use our service for the transmission, installation or publication of any virus, malicious
or other programs or damaging files;
· Use our service to collect data of personal character of other users;
· Use our services in an illegal manner, against the good faith, the morality and public
· Access without permit any section of our service, to other systems or connected networks to
such, to any server of NEOSISTEC, by means of hacking, password extraction or any other illegitimate mean;
· Breaking, or attempting to break, the security or authentication measures of our service or
network connected to them, or the security or protection measures inherent in the contents offered in our
· Carry out any action that causes disproportionate or unnecessary saturation in the
infrastructure of our service or in NEOSISTEC systems or networks, as well as in the systems and networks
connected to our service; or
· Prevent the normal development of an event, contest, promotion or any other activity
through our service or any of its functionalities, either by altering or trying to alter, illegally or in any
other way, the access, participation or operation of those, or falsifying the result thereof and / or using
fraudulent participation methods, by any procedure, and / or through any practice that violates or in any way
violates these Conditions of Use.
· Impersonation of other people.
· Publication of content that violates the rights of other people.
· Publish threatening content, of explicit sexual content or that could promote racism or
Failure to comply with any of the foregoing by the user may entail the adoption by NEOSISTEC
the appropriate measures covered by law and in the exercise of their rights or obligations.
In the event that you find any information or content in our service that may not be
contrary to current regulations, or contrary to the conditions set forth therein, we ask that you immediately
inform NEOSISTEC through the different channels arranged for this or at the email address firstname.lastname@example.org.
LINKS TO OTHER WEB PAGES
NEOSISTEC does not control the contents, privacy policies or practices of third-party
assume any responsibility for them.
The user acknowledges and accepts that NEOSISTEC will not be liable for losses or damages
the user may incur as a result of the unavailability of NAVILENS.
LINKS TO THE CHANNEL OF THE PROVIDER IN OTHER PLATFORMS AND SOCIAL NETWORKS
NEOSISTEC makes available for the users, through different tools and applications, means of
that allow the users to access the different channels that NEOSISTEC maintains in different platforms and
networks belonging and/or managed by third parties (for instance, Facebook, Twitter, Instagram, etc.). The
inclusion of these links intends to facilitate the access tos uch channels for the users in the different
platforms and social networks.
The establishment of these apps does not imply the existence of relations between NEOSISTEC
the holder, the producers or distributor of the linked platform, nor the acceptance or approval by NEOSISTEC
its contents/services, being its holder, producer or distributor the sole responsible for such.
In no case does NEOSISTEC share with Facebook, Twitter, Instagram or any other social network
that any type of private information about its users is incorporated in the future, being its sole purpose the
established in the General Conditions of Use, as well as in the Policy of Privacy of our services. In this
all the information that the user himself wishes to provide to these platforms will be under his own
responsibility, not involving NEOSISTEC in such process.
The activation and use of these applications may involve the identification and
the user on the corresponding platforms, completely external to our services and outside the control of
When accessing said external networks, the user enters an environment not controlled by NEOSISTEC, therefore,
will not assume any responsibility for the security configuration of said environments.
Since NEOSISTEC has no control over the content hosted on these channels, the user
and accepts that NEOSISTEC does not assume any responsibility for the content or for the services that the
can access on such pages, or for any content, products , services, advertising, or any other material
therein. For this reason, the user must have extreme caution in the valuation and use of the information,
and services existing in the linked channels, and about the owned or third-party information that they want to
share in said channels.
6.- RESPONSIBILITIES AND GUARANTEES
The User acknowledges and accepts that they use the Navilens application at all times at
own risk and responsibility, so NaviLens is not responsible for the misuse or use contrary to these Conditions
that they may make of them.
NaviLens does not guarantee the availability and continuity of the operation of the
and the Services, nor its reliability, accuracy or correctness or its usefulness for a specific purpose or
activity. To the extent permitted by applicable regulations, NaviLens excludes any liability for damages of
kind that may be due to the foregoing.
With an enunciative, but not limiting nature, NaviLens is not responsible for any
that may arise from:
• Interruptions, viruses, breakdowns, interferences, omissions or disconnections of the
electronic system, the communications system or its equipment for reasons beyond Navilens.
• Delays or blockages in the use due to deficiencies or overloads on the Internet, in the
or in the electrical or communications systems.
• The incorrect operation of the application, which will be conditioned by multiple aspects,
example, the device model used, the software version, the camera itself, its conversation status, the software
version, etc. As well as the environment in which it is executed, light, layout of the markers, their status,
• Third party actions.
• The inability to access the Website, the Applications or the Services due to maintenance
• Any other assumption outside the control of Navilens.
Except in cases of malicious action, and those in which, due to the particular circumstances
the user or the object, an imperative regime of liability is applicable, the use of the application and the
services is carried out at the sole and entire risk of the user and Navilens will not be responsible for any
damage or harm of any nature that is generated to the user by its use.
In any case, NEOSISTEC declares that it has taken all necessary measures, within its
possibilities and state of the art, to guarantee the operation of our services and minimize system errors,
from a technical and legal point of view. and organizational.
If the user is aware of the existence of any illegal, illegal, contrary to the laws or that
could be a violation of third parties’ rights, he must immediately notify NEOSISTEC so that it can proceed to
adoption of appropriate measures.
NEOSISTEC will not be responsible for the veracity, integrity or updating of the information
published on the Website from sources outside it and will not assume responsibility for hypothetical damages
may arise from the use of the aforementioned information.
You acknowledge and understand that the Application and / or the Services require an
connection that may have different associated charges (such as mobile data charges) and requires the battery
consumption of the mobile device. You will not have claims or demands towards Neosistec with respect to the
Navilens does not detect obstacles, therefore, it does not replace the use of the cane or
assistance of a guide dog.
Navilens does not guarantee to be free of errors and therefore is not responsible if the
suffers accidents while using Navilens.
Neosistec does not guarantee the quality, veracity or reliability of the information that is
obtained with the reading of the markers and rejects any responsibility for loss, damage, injury or any claim
filed by the user that occurs as a result of the use of the application. Neosistec does not grant any explicit
implicit guarantee regarding the quality or reliability of any information, or about the services of third
or regarding the accuracy of the content obtained through the services. In no case will Neosistec be
for the content that the platform associates each bookmark. It will be the responsibility of the licensee of
technology for each space to provide the information that will be included in the platform and ensure that the
content is reliable, truthful and that it does not violate any of the assumptions established by the Law.
In relation to User Content, Navilens acts exclusively as a service provider consisting of
enabling the Website and Applications as a space through which Users can interact with the system. 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 in
is exclusive to the User who stores or publishes it except in the cases expressly provided in the Law
The inclusion of links in the Services does not presuppose any relationship, recommendation
supervision by Navilens with the landing page and, therefore, Navilens accepts no responsibility for its
except in the cases expressly provided in the Law.
Neosistec and its affiliates, or their respective shareholders, administrators, directors,
officers, employees, servers, agents or representatives shall not be liable for any direct, indirect, special,
incidental, consequential or exemplary damages arising from the use of the application. These exclusions for
direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages
lost profits, lost data, loss of goodwill, work stoppage, computer failure, malfunction, or any commercial
even if we have been informed of the possibility of it and regardless of the legal or equitable theory on
the claim is based.
In countries or states where the exclusion or limitation of liability for consequential or
incidental damages is not allowed, in such states or jurisdictions, our liability will be limited to the
permitted by law.
7.- SUSPENSION OF THE SERVICES OFFERED BY NEOSISTEC
NEOSISTEC reserves the right to suspend, modify, restrict or interrupt, either temporarily
permanently, access, navigation, use, accommodation and / or download of the content and / or use of the
services provided on our platforms, with or without prior notification, without the possibility of the user
demanding compensation for this cause.
NEOSISTEC, in order to improve the service or develop new features, products or services, as
well as improvements and corrections to the existing one, be reserved the right to at any time and at our sole
discretion, with or without prior notice, make changes in the Services, either adding or removing features,
products and functionalities, or providing updates that include corrections, or temporarily suspending or
limitations with respect to the Services or imposing other changes to the Services.
8.- CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of current legislation on Data Protection, all personal
provided during the use of our services will be treated in accordance with the provisions of the Privacy
that all users must expressly accept in order to use the same.
9.- VALIDITY OF THE CONDITIONS OF USE
The temporary validity of the Conditions of Use coincides, therefore, with the time of its
exposure, until they are totally or partially modified, at which time the modified Conditions of Use will
effective. In any case, you may have access in these conditions the date on which they have been modified.
In the event that any provision of the Conditions of Use was declared void or unenforceable,
whole or in part, by any Court, Court or competent administrative body, such nullity or non-application shall
affect the remaining provisions of the Conditions of Use.
10.- VALIDITY OF OUR SERVICES.
NEOSISTEC may terminate, suspend or interrupt, at any time and without prior notice, access
the content offered in our services without the possibility for the user to demand compensation.
11.- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
For any litigious issue derived or related to our services, the Spanish legislation in force
the time of the litigation will apply, and we will submit to the Spanish Courts and Courts as well as, where
appropriate, to the Arbitration Courts of consumption or similar to those that we can find ourselves adhered
the time of the controversy.