Fundamental principles:

· These terms and conditions govern the use of CEUS WORLD S.L.’s mobile applications and commercial websites in Spain.

· CEUS WORLD’s applications and websites provide users with significant information about the natural aquatic spaces where the company operates. Most of this information is publicly available on the internet.

For further information about the data provided, users are encouraged to contact our company through the following link: https://ceus.app/contacto

· Regarding information provided by third parties, it is essential to highlight that, by requesting such data, we do not assume any responsibility if that information is inaccurate or incorrect.

It is important to note that CEUS does not engage in the collection of such data, and therefore assumes no responsibility for its accuracy.

· In regards to information and services provided directly by CEUS, it may be necessary to accept additional terms and conditions that regulate the use of such services.

· It is vital that users pay scrupulous attention to these terms and conditions, and carefully analyze them. They encompass extremely valuable information regarding the services provided, the user’s rights, and other relevant information for the use of CEUS WORLD’s applications and websites.

It is important that the user fully understands these terms before using the applications and websites, as they may affect their rights and responsibilities. If there are any doubts or uncertainties about any aspect of the terms, it is recommended to consult a legal specialist or a representative of CEUS WORLD for further clarity.

About us

CEUS WORLD S.L. is a Spanish limited liability company, based at Rúa Nogueira 2, Bajo, 15179 CP, Oleiros, province of A Coruña. It is registered with the Chamber of Commerce of A Coruña under the number B44689255. If you wish to contact us, you can do so through our website at https://ceus.app/contacto/.

Definitions

  • «Third parties» are independent companies or organizations. Among them may be municipalities, restaurants, beach bars, and others.
  • «Data provided by third parties» may include, among other things, data on weather conditions, water quality, tides, temperature, services, available activities, opinions of other users, rules and regulations, events, beach access, etc. This data may be displayed through CEUS Applications and/or Websites, as explained below.
  • «CEUS» refers to CEUS WORLD S.L., including its subsidiaries and affiliated companies, and may be used interchangeably with «we».
  • «The CEUS Marks» include the logos, names, and trademarks of CEUS, such as CEUS, CEUS APP, and CEUS BUSINESS, among others, without limitation.
  • «Information and Services Provided by CEUS» refers to the information and services that CEUS directly provides to you and that may be subject to separate agreements between the parties. These services include, but are not limited to, services provided under the CEUS APP or CEUS brand.
  • «CEUS Designations, Marks, and Works» refer to the company names, logos, products or services, trademarks, service marks, visual identity, other distinctive signs of ownership or copyright belonging to CEUS or its licensor.

Terms

1.- General

1.1. These terms govern your access and use of CEUS mobile applications and websites (collectively, the «Terms»). It is important that you read them carefully before accessing and using these Terms. Your acceptance of these terms establishes a binding agreement between you and CEUS. If you do not agree with them, you will not be able to use the services offered by the company. These terms replace any prior agreement on the Services between you and CEUS.

1.2. These Terms govern your access to and use of CEUS’s mobile applications and websites (collectively, the «Terms»), and will take precedence in the event of conflicts with any other agreement or complementary term that specifically applies to them. You may be asked to accept other additional terms separately.

2.- Services – Applications or Websites

2.1. The Services provided by CEUS are:

2.1.1. Access to informative content and materials related to Third-Party Services and/or Services Provided by CEUS, including without limitation, descriptions of Third-Party Services, fees, schedules, and other relevant information.

2.2. These Terms shall be governed and interpreted in accordance with Spanish law. Any dispute related to the Services of the Applications and Websites shall be governed by Spanish courts. By accessing and using the services of the Applications and Websites in another country, you may be subject to specific country terms. You can locate if these terms exist by browsing the website https://ceus.app/.

2.3. CEUS may offer its mobile applications and/or websites under different company brands.

2.4. Unless there is a written agreement to the contrary, the services offered through mobile applications and/or websites are intended solely for personal use and not for commercial purposes.

3.- Third-Party Information and Services

3.1. With regard to information provided by third parties, CEUS acts as an intermediary between you and the providers of this data to provide you with access to it. CEUS is not the provider of this data but rather acts as a facilitator. These registered companies or legal entities are separate from CEUS and are not employed by the company.

3.2. As long as the user interacts on our platforms, we will provide information about third-party data and services in CEUS’s mobile applications and websites.

3.3. For some information provided by third parties, it may be necessary for you to accept additional terms before viewing such data.

3.4. Third parties are responsible for fulfilling obligations related to the data and services provided.

4.- Information and Services Provided by CEUS

4.1. Regarding the information provided solely by CEUS, it will act as the information provider. The detailed terms regulating the services provided by CEUS will be established in additional terms or in a separate agreement.

4.2. Regarding the services provided by CEUS, the company offers a direct communication channel between users and the lifeguard and rescue service through the mobile platforms «CEUS APP» for the bather and «CEUS Business» for the lifeguard.

5.- Use of Application/Website Services

5.1. CEUS mobile applications and websites are available for download or access on most current mobile devices that have an Internet connection and are equipped with commonly used operating systems, such as Android or iOS.

5.2. As a user of CEUS Application/Website Services, it is your responsibility to ensure that you have access to the necessary network to use them. This includes payment of any fees or charges imposed by your mobile network provider, including data consumption charges while using CEUS mobile applications and/or websites. In addition, it is your responsibility to have access to the compatible devices and operating systems necessary to use these services, including any required software or hardware updates.

5.3. To access the application and website services, the user must meet a series of requirements. The minimum age required to use our platforms is twelve years old, however, some third-party services advertised on CEUS may have different age requirements.

5.4. Registration or use of CEUS Mobile Applications and/or Websites is not required, nor is it mandatory for Third-Party Providers. If you choose not to use these mobile applications and/or websites, you can stop using them without prior notice.

5.5. In case of suspicion of a breach of your obligations or the Terms of Use, your access and use of the application and website services may be temporarily restricted. This includes if we receive a complaint of fraud. The investigation process may be carried out by us or by third parties such as the police, and you may not be provided with information about the complaint.

6.- Your Responsibility

6.1. When using the application/website services, you must comply with all applicable regulations and laws. The use of these services is only allowed for legal purposes and for the purposes for which they were designed, as indicated in the Terms of Use. Misuse of CEUS mobile applications and/or websites is not allowed.

6.2. It is important that you provide truthful information when using the mobile application and website services.

7.- Fees for Application/Website Services.

7.1. There will be no cost for the use of the application and website services. However, we reserve the right to include a usage fee in the future, in which case you will be notified in writing and given the opportunity to terminate these Terms before the implementation of such fee. If you decide to terminate these Terms, you will no longer be able to access or use the application and website services.

7.2. We reserve the right to implement a fee for specific features on CEUS mobile applications and websites, which will be subject to separate terms.

7.3. You will be responsible for any supplementary charges, costs, and fines that may arise from your use or misuse of the Services Provided by CEUS.

7.4. If you would like to learn more details about the specific fees, costs, and/or penalties for the Service offered by CEUS, please contact us from the support section of CEUS websites («Contact»).

8.- Revocation

8.1. CEUS may refuse to accept requests and cancel the services provided if there is a reasonable doubt about the accuracy or truthfulness of the user’s information. In these cases, their platforms may stop working for these individuals.

9.- Permission

By complying with these terms, you are granted a personal, global, non-exclusive, non-transferable, revocable, and non-sublicensable permission to install and/or use CEUS mobile applications and/or websites on your device solely for personal use and to access and use the information available through these mediums. All rights not explicitly mentioned here are reserved by CEUS and its providers.

10.- Intellectual and Industrial Property

We reserve all rights not expressly granted in these terms. The CEUS applications and websites, devices, and all information collected through these means (including intellectual property rights) are and will remain our property or that of our licensors. You may not, nor allow third parties to:

  • License, sublicense, copy, modify, distribute, sell, resell, transfer or rent any part of the CEUS mobile applications and websites.
  • Reverse engineer or attempt to access the source code of CEUS applications and web pages is prohibited unless allowed by law.
  • Run or request that others run programs or scripts with the purpose of actions such as scraping, indexing, inspecting or extracting data from any area of CEUS applications and websites or their data.
  • Use, display or manipulate any CEUS Name, Trademark, or Work for purposes other than using CEUS mobile applications and services.
  • Create or register any company, URL, domain name, software application name, or social media profiles that include CEUS Names, Trademarks or Works or any name, trademark, title or work that is confusingly or substantially similar.
  • Use CEUS Names, Trademarks or Works as profile image or wallpaper on social media profiles.
  • Acquiring keywords (including but not limited to Google AdWords) that include any CEUS Name, Trademark or Work is prohibited.
  • Requesting registration, reference, use, copy or claiming ownership of CEUS Names, Trademarks or Works or any name, trademark, title or work that may be confusingly or substantially similar, either individually or in combination with other letters, punctuation, words, symbols, designs or any other creative work, is not allowed unless within the cases permitted by the previously granted limited license.

However, the images used in «CEUS APP» have been obtained from public sources. It is acknowledged that the used images may be subject to copyright, and best efforts are made to properly attribute the authorship of the images whenever possible. In cases where the original author of an image cannot be determined, the source from which the image was obtained, may be mentioned without attributing it to a specific author. This section aims to provide transparency regarding the origin of the images used in the application and is based on an understanding of copyright laws in Spain. Users are advised to respect copyright and use the images in «CEUS APP» in accordance with applicable laws and the established terms and conditions.

11.- Privacy Policy

We collect, use and share information about you as described in our Privacy Policy. Additional privacy notices, including those from third-party controllers, may apply to the Services provided by CEUS or Third-Party Services.

12.- Your commitment and immunity

12.1. It is your responsibility to face any damage that CEUS may have caused due to your breach of these Terms, misuse of the website’s Applications/Services, or infringement of any law or third-party rights. You are responsible for all actions taken through your account, unless such actions were not authorized by you or you were negligent in some other way.

12.2. By accepting these terms, you agree to cooperate with CEUS in the defense of any demand or claim. In addition, you acknowledge your responsibility to compensate and protect our representatives, directors, and employees from any accusation, liability, expense, damage, fine, social security contribution, and tax related to your breach of these terms, your misuse of the website’s services or applications, or your violation of any law or third-party rights. This compensation obligation is in addition to any other liability you may have under these terms or applicable law. We have the right to take exclusive control of the defense of any claim subject to compensation by you and in that case, we expect your full cooperation in the defense. This compensation obligation will persist after the termination of these terms and the use of the services.

13.- Relief of liability

We offer the services of the applications and websites as they are available and without warranty. The services may be affected by limitations, delays, and other issues typical when using the Internet and electronic communications, and we cannot guarantee their availability or absence of errors at all times.

14.- Limitation of liability

14.1. The liability exclusions established in these terms do not affect those responsibilities that, by law, cannot be limited or excluded. This includes liability for negligence in the case of death or personal injury and liability for fraud or fraudulent misrepresentation or any change to your consumer rights that cannot be removed in accordance with applicable law.

14.2. We are not responsible to you in relation to these terms, including, but not limited to, contractual obligation, damage (including negligence and misrepresentation), replacement or otherwise, in relation to any of the following aspects related to the use of the website’s applications and services: 1) Loss of profits; 2) Loss of claims or businesses; 3) Loss of agreements or contracts; 4) Loss of projected money; 5) Loss of use or corruption of software, data or information; 6) Loss or damage to commercial reputation; 7) Indirect loss.

14.3. We are not responsible for:

  • Any damages resulting from misleading information provided parties through our platforms.
  • The availability and accuracy of material, goods, or services offered by third parties.

14.4. We are not responsible for delays or failures to perform tasks due to circumstances beyond our reasonable control.

14.5. The total liability we have towards the user for the use of CEUS mobile applications and websites (and not in relation to any other agreement with the user that is governed by a separate agreement) shall not exceed five hundred euros (€500).

14.6. To the extent permitted by law, all warranties are excluded and any liability for any action or inaction of the user or a third party is waived.

15.- Termination

15.1. The user is free to use the services of the applications and websites at any time (when available), and may terminate these terms and the services of the applications and websites by closing their account.

15.2. We may terminate these terms and terminate the user’s access to the services of the applications/websites without notice in the event of the user’s breach of these terms or any other agreement between the user and CEUS regarding the provision of services by CEUS.

15.3. CEUS may, at its sole discretion, terminate these terms or interrupt the services of the applications/websites at any time, notifying with reasonable notice in writing.

16.- General

16.1. CEUS may modify these terms at any time. We will inform you of any changes within a reasonable period. You will be bound by these changes once notified through CEUS mobile applications and/or websites and/or by email. If you do not agree with these changes, you may close your account in accordance with clause 15.1.

16.2. The invalidity of any clause of these Terms shall not impact the validity and applicability of the other clauses. Any invalid, illegal, or unenforceable clause shall be deemed deleted.

16.3. In addition, you acknowledge and agree that we may assign, subcontract, or transfer these Terms or any of our rights or obligations in them, without your prior consent, and that the assignment, subcontracting, or transfer shall not affect your rights or obligations under these Terms. On the other hand, you acknowledge that the use of CEUS mobile applications and/or websites is personal and that you have no right to assign, subcontract, or transfer these Terms or any of your rights or obligations in them, unless otherwise agreed in writing.

16.4. These Terms shall take precedence over any prior or contemporaneous agreement related to the access and use of the Services of Applications/Web Pages, including agreements that may be established through any other document or agreement between the parties. No modifications or exceptions to these Terms shall be considered unless they are established in writing and signed by both parties. Any waiver of any provision of these Terms must be in writing and must be signed by both parties.

16.5. We may ask you to accept additional terms in order to access or use the services offered by applications and websites. If there is any conflict between these terms and a separate agreement, the latter shall prevail unless otherwise specified in the relevant agreement.

16.6. There are no third-party beneficiaries under these Terms, except as provided herein.

17.- Dispute Resolution Process

CEUS offers consumers a mediation system for the amicable resolution of conflicts related to the services of the applications and websites, or these terms. According to Royal Legislative Decree 1/2007, consumers can resort to the Consumer Arbitration System free of charge if they have not been able to resolve a dispute related to the services through a previous complaint. It is also possible to submit complaints about the services or these terms on the European Commission’s online dispute resolution platform, provided that it is eligible. However, CEUS does not commit to using an online dispute resolution platform to resolve conflicts with consumers.

18.- Applicable Law and Jurisdiction

These terms are governed and interpreted by Spanish laws, except when the legal rules for consumer protection in your country of residence have more favorable provisions for you, in which case these provisions will be applicable. If you reside in the EU, you can initiate a legal process related to the services before the competent court in your country of residence. If you are a resident of the EU, we can only sue you in your country of residence unless you act as a company, in which case you accept the exclusive jurisdiction of the Spanish courts.

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Trataremos sus datos con el fin de posibilitar la comunicación entre ambas partes mediante WhatsApp. La base legal es su consentimiento y el interés legítimo de CEUS WORLD SL. Los datos no serán cedidos a terceros, ni se elaborarán perfiles ni decisiones automatizadas.
Tiene derecho al acceso, rectificación, supresión, oposición, limitación del tratamiento, portabilidad de datos y a no ser objeto de decisiones individualizadas, automatizadas ante CEUS WORLD SL en la dirección de correo electrónico info@ceus.app. En caso de que no haya obtenido satisfacción en el ejercicio de sus derechos, puede presentar una reclamación ante la AEPD.