Legal advice

I. OWNERSHIP OF THE WEBSITE

Keynema APPS, SL. is the owner of the website www.keynema.com (hereinafter, the Website). Its address is Calle Diputación, 362, 5th Floor, Door 4, 08013, Barcelona, Barcelona, and its NIF is B-44586477.

It is registered in the Commercial Registry of Barcelona, in Volume 48611, Folio 56, Sheet 589996, and its contact details are:

II. GENERAL TERMS AND CONDITIONS OF USE

2.1. Purpose

The purpose of these General Terms of Use (hereinafter, Terms) is to regulate the access and use of the Website. For the purposes of these Terms, the Website shall be understood as: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, Contents) and all those online services or resources that may be offered to Users (hereinafter, Services).

This Legal Notice outlines the general conditions that regulate access, browsing, and use of the Website, as well as the contents that comprise it, without prejudice to Keynema APPS S.L. being able to establish specific conditions that regulate the use, provision, and/or contracting of the products or services that may be offered through the Website.

In case products or services are offered through the Website, their use and/or request by the User will also imply the unconditional acceptance of the specific conditions that may have been established for this purpose, which will form an integral part of this Legal Notice.

Keynema APPS S.L. reserves the right to offer certain products or services exclusively to Users registered through the Website and who expressly accept the applicable specific conditions. Keynema APPS SL reserves the right to terminate, modify, suspend, or interrupt, temporarily or indefinitely, at any time and without prior notice, access to the products, services, and/or contents of the Website, as well as the Website’s configuration, features, products, services, and contents, without the User being able to claim or demand any compensation; particularly due to maintenance, repair, updating, improvement, and/or adaptation to technical, operational, business, and/or legal changes. After such termination, the prohibitions, restrictions, and limitations contained in this Legal Notice and/or any applicable specific conditions will remain in force.

2.2. Access and Use of the Website

Access to the Website by Users is free and open. However, the use, provision, and/or contracting of products or services that may be offered by Keynema APPS SL may be subject to prior acceptance of formal requirements such as completing the corresponding form, payment of fees or charges, and/or prior acceptance of the specific conditions applicable to them. In cases where a company contracts a subscription product from Keynema APPS S.L., the company, and not the employee (the User), will bear the cost.

Mere access to the Website does not imply, in itself, the establishment of any type of link or commercial relationship between Keynema APPS S.L. and the User, except when the appropriate means have been established for it and the User has previously fulfilled any established requirements.

The inclusion of information on the Website regarding products or services offered by Keynema APPS S.L. is exclusively for informational and advertising purposes, unless another purpose is expressly stated.

For the use, provision, and/or contracting of any product or service offered through the Website, the User who proceeds to register will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all data entered when completing the pre-established forms to access the relevant products or services. If, as a result of registration, the User should have a password, they agree to use it diligently and keep it confidential.

Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords used, and agree not to transfer their use to third parties, whether temporarily or permanently, nor to allow access to unauthorized individuals. The User will be solely responsible for the use and/or contracting of products or services by any illegitimate third party who uses a password due to the User’s negligent action or loss of it.

In light of the above, it is the User’s obligation to immediately notify Keynema APPS S.L. of any event that allows for the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access, to proceed with their immediate cancellation. Without prejudice to any other provision contained herein, until such events are reported, Keynema APPS S.L. will be exempt from any liability arising from the misuse of identifiers or passwords by unauthorized third parties.

Access, browsing, and use of the Website, as well as areas enabled for interaction between Users or between the User and Keynema APPS, SL—such as comments and/or blogging spaces—confer the status of User. Therefore, all the Terms established here are accepted from the moment you start browsing the Website, as well as any subsequent modifications, without prejudice to the application of the corresponding legally binding regulations as appropriate. In any case, Keynema APPS, SL will not be responsible for opinions expressed by Users through comments or other blogging or participation tools that may exist.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms. Therefore, this Website of Keynema APPS, SL is not directed at minors. Keynema APPS, SL declines any responsibility for non-compliance with this requirement.

The Keynema APPS S.L. website operates through management software for resources in preparation and during shooting for audiovisual projects, which has two phases: the first called Beta Phase, with a duration from 07/01/2023 to 09/01/2023, and the Production Phase available from 09/01/2014. The software is in a testing stage, so Keynema APPS S.L. will not assume any responsibility for damages that may arise from its use.

2.3. Limitation of Liability

The Website and any content, product, and/or service offered within it are provided “as is.” Access, browsing, and use of the Website and, where appropriate, the use or contracting of services or products offered through it occur under the sole and exclusive responsibility of the User, who agrees to diligently and faithfully observe any additional instructions provided by Keynema APPS S.L. regarding the use of the Website and its contents.

In this regard, Keynema APPS S.L. is not responsible and, to the maximum extent permitted by applicable law, excludes any warranties, express or implied, relating to merchantability, fitness for a particular purpose, compliance, accuracy, reliability, completeness, or timeliness of the contents, services, products, links, or other elements included on the Website, or the results obtained from accessing and using the Website and/or its content.

In particular, Keynema APPS S.L. does not guarantee nor is responsible for:

  • a) The continuous and uninterrupted availability of the Website and/or accessibility to it or its technical continuity;
  • b) The existence of interruptions or errors in access to the Website, as well as technical problems or failures during Internet connection;
  • c) The absence of errors in such contents or products; the absence of viruses and other harmful components on the Website or the server that supplies it;
  • d) The invulnerability of the Website and/or the impregnability of the security measures adopted therein;
  • e) Incidents on the Internet network or any other incident due to force majeure and/or beyond its reach and/or control;
  • f) Damages caused to oneself or a third party by any person who violates the conditions, rules, and instructions established by Keynema APPS S.L. on the Website or through the violation of its security systems; loss of profits, income, data, business interruption, indirect, special, consequential, exemplary, or punitive damages.

2.4. Link Policies

Please note that the Keynema APPS, SL Website provides or may provide Users with linking means (such as links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories, and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, and cannot be considered a suggestion, recommendation, or invitation to visit them.

Keynema APPS, SL neither offers nor markets by itself or through third parties the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites outside its ownership that can be accessed through the links.

Keynema APPS, SL will not review or control the content of other websites, nor does it approve, examine, or endorse the products and services, contents, files, and any other material existing on the linked sites.

Keynema APPS, SL assumes no responsibility for damages that may occur due to access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by Keynema APPS, SL and that are linked on this Website.

The User or third party who creates a hyperlink from a web page of another, different website to the Keynema APPS, SL Website must know that:

  • a) The total or partial reproduction of any of the Contents and/or Services of the Website is not permitted without the express authorization of Keynema APPS, SL.
  • b) Any false, inaccurate, or incorrect statement about the Keynema APPS, SL Website or its Contents and/or Services is not permitted.
  • c) Except for the hyperlink, the website on which such hyperlink is established will not contain any element of this Website protected as intellectual property by Spanish law, unless expressly authorized by Keynema APPS, SL.
  • d) Establishing the hyperlink does not imply the existence of a relationship between Keynema APPS, SL and the owner of the website from which it is made, nor the knowledge and acceptance by Keynema APPS, SL of the contents, services, and/or activities offered on said website, and vice versa.

III. Intellectual and Industrial Property

Keynema APPS, SL itself or as assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software, texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.). Therefore, they are works protected as intellectual property by the Spanish legal system, being applicable both Spanish and European Union regulations in this field, as well as international treaties related to the matter and signed by Spain.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, without the authorization of Keynema APPS, SL, are expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of Keynema APPS, SL. You may view the elements of the Website and even print, copy, and store them on your computer’s hard drive or any other physical medium as long as it is solely for your personal use. However, the User may not delete, alter, or manipulate any protection device or security system installed on the Website.

In case the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property rights, they must immediately notify Keynema APPS, SL through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW, AND JURISDICTION

Keynema APPS, SL reserves the right to initiate civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Terms.

The relationship between the User and Keynema APPS, SL will be governed by current and applicable Spanish regulations. Should any dispute arise concerning the interpretation and/or application of these Terms, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.

VII. PRODUCT DELIVERY

The product purchased on our website consists of downloadable digital software. After payment confirmation, the user will receive a unique link to download the purchased software, which will be immediately available and can be used for an unlimited period. Once the download is complete, no physical shipment of the product will be made. The company is not responsible for any incident arising from lack of internet access or technical problems that are the user’s responsibility.

VIII. RETURN POLICY AND RIGHT OF WITHDRAWAL

In accordance with current legislation, the user has the right to withdraw from the purchase made within 15 calendar days from the date of software purchase, provided that the download of the product has not been made. Once the download process has started, the user automatically loses the right of withdrawal, as provided in Article 103.m of Royal Legislative Decree 1/2007, which regulates the sale of digital content. To exercise the right of withdrawal, the user must contact us through the details provided on the contact page before the software download has occurred.