1. LEGAL INFORMATION: OWNER IDENTIFICATION
These terms and conditions of use ("Terms and Conditions") regulate the access to and use of the application DOCtoDOCTOR (the "App"), belonging to Molinapps, S.L., with registered office at Calle Méndez Núñez nº 56, 38002, Santa Cruz de Tenerife (Spain) and e-mail firstname.lastname@example.org, registered in the Santa Cruz de Tenerife Mercantile Register, Volume 3457, Page 158, Folio TF-57713 and with Tax Identification Number B-76712785 ("MOLINAPPS" or "us").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
2. PURPOSE AND CONDITIONS FOR ACCESS
These Terms and Conditions constitute the agreement between you and MOLINAPPS with regard to the App. To be specific, they regulate the provision of our intermediary services as information society service providers, as follows.
The App is targeted at duly qualified medical professionals (hereinafter, the "Users" or "You") in order to offer them a convenient and useful method for safely storing certain information ("Storage Service"), which may be comprised of images, clinical results or any other information that they wish to provide, including data on patients (the "Patients"), inter alia, their image/voice or data regarding their health, such as their medical history, or data on any other third parties (hereinafter, the set of information supplied by the User shall be referred to as the "Content"), and, when such function is purchased and with the prior consent of the Patients, in order to share such information with other Users for diagnosis and/or research purposes ("Share Service") (jointly, the "Services"). The Services shall include the provision of accessory or additional services regarding the organisation of the information, which shall be considered as forming part of the Storage and Share Services.
In order to use the App, the User must accept these Terms and Conditions during its first use of the App. If You do not agree with the Terms and Conditions, You should avoid installing the App or uninstall it and/or refrain from using it.
Access to, and use of the App is subject to the following conditions:
(a) the App is targeted at medical professionals operating in the European Union or in third countries, and who are, in any case, duly qualified to exercise the profession, subject to the highest security standards imposed by the European Union regulations and recommendations.
(b) the User may not authorise third parties to access the App through his/her account, and is under the obligation to keep safe and secret his/her passwords in respect thereof.
3. ELECTRONIC PROCUREMENT PROCEDURE
3.1 Download and registration process
You may download the App through your Device (depending on the supplier of the Device, the form may vary), where You will find information on it and the Services offered, including a description of the main functions of the App and of the characteristics of its Services.
Access to the App and the subsequent use thereof will require the User to register and create an account by entering his/her user name and other personal data required in the registration form. In order to access the registration process, it may be necessary to enter a password provided by another User, as stated in section 3.2 below.
The standard registration process will consist of: a) one part carried out in the mobile device, where the following information will be entered: e-mail address, password, name, surname, treatment, country, member / professional licence number, and a personal encryption password for own data; and b) another part, which should be carried out in the web page, including other personal data, National Identity Card Number, invoicing data and the payment gateway.
In addition, in extremely necessary circumstances and with the sole purpose of protecting the vital interests of Patients, an urgent registration process is made available to Users, through which Users can make their Content available to non-registered specific recipients, and for a maximum period of 24 hours. The recipients should accept these Terms and Conditions upon receipt of the communication of the App and should only provide their name, surname and member / professional licence number. When the aforementioned 24-hour period has elapsed, the recipient will cease to have access to the Content provided by the User, unless it completes the standard registration process in that period.
In order to be able to register as a User of the App, it is essential to accept both these Terms and Conditions and the Data Protection Policy. Please take into account that any personal data that the User provides during the registration process, and also through its use of the App, will be processed in accordance with the provisions of the Data Protection Policy.
After the registration process has been completed, the User will have a user name and a password, which will allow him/her to access the App, and he/she will receive an e-mail with a copy of the accepted Terms and Conditions, as well as the Data Protection Policy.
MOLINAPPS reserves the right to cancel or restrict access to the App with regard to certain Users, if it observes any conduct which, in MOLINAPPS' opinion, is in breach of these Terms and Conditions, the applicable law at the time, or the rules established by MOLINAPPS, or which may negatively affect the good functioning, image, credibility and/or good name of MOLINAPPS. In addition, MOLINAPPS may restrict access to the App to certain Users for objectively-justified reasons related to the security mechanisms implemented in order to ensure the correct functioning of the App and/or of the suspected unauthorised or fraudulent use thereof.
3.2 Invitation process
To be able to register as a User, it is necessary to receive from a previously-registered User an "invitation code", which should be entered in the registration form. The User may only send the "invitation code" to other medical professionals of whom he/she actually knows they comply with the requirements to become Users of the App. The User is responsible for ensuring that the recipient is a duly qualified professional for the provision of medical services.
Users may at any time request, through the App, an "invitation code" which, voluntarily, and without MOLINAPPS' participation, they may resend to those colleagues in the profession who, in their opinion, are interested in using the App. Under no circumstances we will obtain information (or personal data) about the sender or the recipient of the "invitation code" upon dispatching the code. We will only verify, when a new User is registered, that the code entered has previously been generated by the App.
3.3 Subscription modality
Once the new User has been registered, he/she shall have free access to the App's Storage Service up to a limited number of documents, as stated in the offer in www.doctodoctor.com (hereinafter, the "Free Plan").
In the event of wishing to increase such limit and/or make use of the Share Service, it will be necessary to acquire one of the subscription modalities available (hereinafter, "Subscription Plans"), also contemplated in www.doctodoctor.com. To that end, the User must follow the instructions in the App and accept the subscription and subsequent payment of the Subscription Plan by clicking on "Subscribe". At that point, You will be obliged to pay the price to MOLINAPPS in the terms described hereunder.
The Subscription Plans will be invoiced automatically as of the date on which they are contracted. They will remain in force until they are cancelled, changed for others or terminated, pursuant to the provisions of these Terms and Conditions. The cancellation or change will be applied in the invoicing period subsequent to the current period of Service. If You do not pay your Subscription Plan on time, MOLINAPPS reserves the right to change your account category for a lower one and to reduce your storage space to the levels of the Free Plan.
Payment shall be made charged to the card that the User has indicated during the registration process. The User shall ensure that the means of payment has sufficient balance in order to pay MOLINAPPS.
MOLINAPPS makes an offer to new Users whereby it allows them to access Subscription Plan Services (hereinafter, "Invitation Offer") for a period of one (1) month as of the date on which their account is activated. Once the Invitation Offer has ended, the User will be offered the possibility of subscribing to a Subscription Plan or restoring the Free Plan.
In addition, with the first two invitations made by a User, concluding in the installation of the App by its recipients, the User will gain access to the Subscription Plan Services for a period of one (1) month for installation up to a maximum of two (2) months. This access and free use is governed by the same rules, mutatis mutandis, as the Invitation Offer.
4. CONTENT PROVIDED BY THE USER
Our Services allow You to store, organise and/or share your Content and/or receive Content from other Users. MOLINAPPS does not claim ownership of your Content, which shall continue to belong to the User and shall remain under the User's sole and exclusive responsibility.
The Content should only include medical or health information within the framework of the User's professional activity. Provided that You load, store or share your own Content with other Users, You guarantee that You hold all the rights, permits or authorisations required to that end, and that the compiling, use and storage of such Content does not breach any law or any third party rights.
In particular, the User undertakes not to provide any Content:
- Which it knows is subject to confidentiality —except in those expressly-authorised cases—, or which is false, inaccurate, misleading or imprecise.
- Which breaches any of MOLINAPPS' rights or any other third party rights, including, inter alia, image, honour, data protection or intellectual property rights.
- Which constitutes a breach of any law or regulation (in particular, those regulating the health sector) or which is prohibited for any other reason.
- Which serves to carry out unlawful activities, disseminate racist, xenophobic, pornographic or illegal comments or which contravenes human rights or may in any way be offensive.
- For advertising purposes.
- Which refers to information on other web pages or domains, addresses, e-mails, contact data or telephone numbers.
- Which contains malware (instructions capable of damaging computer or security systems, equipment and the information contained therein), worms or other potentially damaging computer programs or files.
IN THE EVENT THAT WE BECAME AWARE THAT THE ACTIVITY OR CONTENT STORED IS UNLAWFUL, OR THAT IT DAMAGES ASSETS OR RIGHTS OF A THIRD PARTY, WE SHALL PROCEED AS DILIGENTLY AS POSSIBLE TO REMOVE THE DATA OR RENDER ACCESS THERETO IMPOSSIBLE, IN THE TERMS PROVIDED FOR BY LAW. IN ANY CASE, MOLINAPPS IS NOT RESPONSIBLE FOR REVISING THE CONTENT PROVIDED BY USERS.
In addition, when the Share Service has been contracted voluntarily, You recognise that, the person with whom You have shared your Content may universally, use, store, record, reproduce, transfer, share, display, or communicate your Content for the purposes provided for herein. We remind You that You may use the App without sharing the Content.
5. USER'S OBLIGATIONS
The User undertakes:
- To obtain the consent of Patients or any other third parties whose personal data form part of the Content, for the use thereof within the framework of the Share Services, as well as within the framework of certain accessory or additional services requiring such consent.
- That the Content loaded, stored or shared through the App is lawful and complies with all of the requirements contained in these Terms and Conditions.
- To make a diligent, appropriate and lawful use of the Services offered in the App, in accordance with the applicable law, morality and generally accepted good customs, public order and the provisions of these Terms and Conditions. The User's use of the App shall never entail any type of damage for the App, its information and contents, or for the functioning or development thereof.
- To pay MOLINAPPS, in the terms described in the App itself, the charges corresponding to the Services.
- Not to assign the rights and obligations provided for in these Terms and Conditions to third parties without MOLINAPPS' consent.
- To keep safe and secret the accounts and passwords allocated to You upon registration, which shall be personal and non-transferable. Therefore, it is prohibited to assign them, even temporarily, to third parties. The User undertakes to use such accounts and passwords diligently at all times. In the event that You became aware of, or suspect any theft, loss or unauthorised use of your access credentials (user and password), please inform us thereof as soon as possible, by calling the toll-free number 902 955 531 or through the following e-mail address email@example.com.
- To delete the App from your Device, prior to any transfer of such Device to a third party, irrespective of how such transfer is made (sales and purchase, assignment, lease, etc.).
In addition, the User authorises MOLINAPPS to use non personal data, i.e., data which does not identify or render identifiable any natural person, for its own purposes.
In particular, but without limitation, the User shall refrain from using the App:
- To harass or disrupt third parties and/or violate their intimacy and/or privacy;
- To spy or impersonate the identity of another User or third parties;
- To undermine the reputation, image and/or honour of another User or third parties; or
- For advertising purposes, in order to promote own or third-party products, services or activities.
The User shall be liable for any damages of any kind that MOLINAPPS may suffer, directly or indirectly, as a result of the User's failure to comply with the obligations and rules of use contained in these Terms and Conditions.
IN ADDITION, WE RECOMMEND USERS TO AVOID, AS FAR AS POSSIBLE, INCLUDING PERSONAL DATA REGARDING PATIENTS OR OTHER THIRD PARTIES IN THE CONTENT THAT THEY STORE AND/OR SHARE WITHIN THE FRAMEWORK OF THE APP. IN ORDER TO FACILITATE SUCH TASK, WE PLACE AT YOUR DISPOSAL SOME BASIC RULES FOR TAKING MEDICAL PHOTOS, WHICH CAN BE FOUND AT WWW.DOCTODOCTOR.COM/ETICAFOTOSMEDICAS
6. MOLINAPPS' OBLIGATION
MOLINAPPS undertakes to provide the contracted Services and to provide support, as described in these Terms and Conditions, diligently and in accordance with market standards.
7. TECHNOLOGICAL LIMITATIONS AND MAINTENANCE
We inform the User that there is a great array of factors which, in certain cases, may affect the functioning of the App Services and/or the quality thereof, such as, by way of example but not limited to: environmental conditions, network saturation, connectivity, third-party software, etc. MOLINAPPS reserves the right to interrupt the App Services at any time and without prior notice, provided that this is due to technical, security, control or maintenance reasons, power cut, telecommunications defects or any other well-founded cause.
In addition, the App may be subject to updates over time and to maintenance operations in order to offer better quality and improve the functionality of the system. When the maintenance operations will foreseeably last for more than forty-eight (48) hours, the Users will be notified thereof at least twenty-four (24) hours in advance.
Certain updates (e.g. antivirus programs) will be mandatory. When notice is given of the mandatory nature of a certain update within the period provided for in the previous paragraph, the User should accept such update in order to continue using the App. Otherwise, we may block the User's access until he/she accepts the appropriate update.
It is possible that an update could cause unforeseen functioning problems and, therefore, it is recommended that and the User will be warned and allowed to make a backup copy of his/her data prior to the installation thereof. MOLINAPPS shall not be held responsible for any problems arising from incomplete functions or malfunctioning of the App in those cases in which the User does not make the said backup.
8. DISCLAMER OF WARRANTIES AND LIABILITY
MOLINAPPS shall not be liable vis-à-vis the User or third parties, for damages arising out of the use of the App, or arising out of a breach of these Terms and Conditions, the Data Protection Policy and/or the recommendations or instructions provided by MOLINAPPS. Furthermore, MOLINAPPS shall not be liable for the following User's obligations, provided for in section 5 of these Terms and Conditions:
I. The stored Content or the material that Users load, store or share through the App.
II. Duly obtaining Users' consent for the processing of the Patients' or any other third parties' personal data.
If Users publish Patients' or any third parties' personal data in scientific or similar journals, Users shall be the only ones liable for obtaining the relevant consents, and MOLINAPPS shall not be involved in such activity and shall be completely free of liability.
In addition, and despite the strict security measures that we have in place, MOLINAPPS cannot completely control the absence of viruses, malware or other elements in the App's contents which may cause alterations in the software or in the User's Device and, therefore, shall not be liable for any damages of any kind that might result therefrom.
MOLINAPPS excludes any liability for any type of damages —except in cases of wilful misconduct or gross negligence— which may be due to the use of the App or the lack of availability or continuity of the functioning of the App; nor shall it be liable for any damages that may be due to the lack of truthfulness, accuracy, exhaustiveness and/or update of the information and contents offered in the App which are not of its own elaboration and in respect of which another source is stated, or for the contents of other web pages that may be accessed through a link or hyperlink from the App.
The User who uses the App does so at its own risk. MOLINAPPS' information and activity are subject to Spanish applicable regulations and are not targeted at those users who act under other State jurisdictions requiring the fulfilment of different requirements in order to make available, disclose or advertise services and/or products.
9. RIGHT OF WITHDRAWAL
We inform Users who have the status of consumer and/or user, that they have the right to withdraw from these Terms and Conditions within a period of fourteen (14) calendar days as of the date of execution hereof, without requiring any justification.
In order to exercise the right of withdrawal, the User should notify us by e-mail at firstname.lastname@example.org of his/her decision to withdraw from the contract by means of an unambiguous statement. Attached hereto is an official standard form provided for in the rule of withdrawal hereunder, the use of which is optional:
For the attention of (insert the name of the entrepreneur, full address and, if available, fax number and e-mail address):
– I/we hereby inform you (*) that I/we withdraw from my/our (*) contract for the sale of the following product /provision of the following service (*)
- Ordered on /received on (*)
– Name of consumer(s) or user(s)
– Address of consumer(s) or user(s)
– Signature of consumer(s) or user(s) (only if this form is submitted on paper)
In the event of the User's withdrawal, all of the payments received by the User will be refunded without undue delay and, in any case, within fourteen (14) calendar days as of the date on which the User informs us of his/her decision to withdraw from these Terms and Conditions. We shall proceed to make such refund using the same method of payment used by the User for the initial transaction, unless otherwise provided by the User; in any event, he/she will not incur in any expense as a result of the reimbursement.
If the User has requested that the provision of Services begins during the withdrawal period, he/she shall pay us an amount in proportion to the part of the Service already provided at the date on which he/she has notified us of his/her withdrawal, compared to the total subscribed.
10. DATA PROTECTION – DATA PROCESSING AGREEMENTL
IN ORDER TO OBTAIN INFORMATION ON HOW WE PROCESS THE PERSONAL DATA OF THE APP USERS, PLEASE ACCESS OUR DATA PROTECTION POLICY.
In addition, in view of the duration of these Terms and Conditions, and whilst deregistration of the Services is not implemented, the provision of such Services will imply that MOLINAPPS has to process the following personal data:
(i) Those relating to the User, in respect of which we act as data controller.
(ii) Those relating to the Users' Patients (including, but not limited to, identification data — name, surname, address—, contact data, professional and economic data, health data — medical history, medical tests—, etc.), or those regarding any other third parties, in respect of which the User acts as data controller and in respect of which we act as data processor, in the name and on behalf of the User.
With regard to point (ii), in our role of data processor, we undertake:
(a) To process the personal data only in accordance with the User's instructions and solely to provide him/her with the Services, including with regard to the transfer of personal data to a third country (under the terms provided by law).
(b) To process the personal data ensuring the secrecy and confidentiality thereof (even after the Services have been provided), and not to disclose them to any third party, not even for preservation purposes, without the Users' express consent and/or request, or when permitted by law.
(c) Take reasonable necessary measures to ensure that the persons authorised to process personal data have undertaken to respect confidentiality or are subject to a statutory obligation of confidentiality.
(d) To implement and maintain appropriate technical and organisational security measures, in accordance with the provisions of the applicable data protection regulations, in order to safeguard and protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access thereof.
(e) To notify Users as soon as possible with regard to:
- Any instruction issued by the User which, in our opinion, might be in breach of the applicable law.
- Any security breach, unauthorised access, misuse, loss or damage, both real and alleged, as well as other risks which might compromise the security, confidentiality or integrity of the personal data that we process (the "Security Breach"), when thus provided for by law.
(f) Upon discovery of any Security Breach, to immediately take the appropriate actions to avoid any further Security Breaches and mitigate any adverse effects identified as a result thereof.
(g) To provide the User with the necessary cooperation and assistance with regard to Patients exercising their rights of access, rectification, erasure, objection, portability and restriction of processing, and when they withdraw their consent. The User shall be under the obligation to respond to the exercise of these rights.
(h) Taking into account the nature of the processing and the information available to us, provide the User with the necessary cooperation and assistance with regard to: (i) the implementation of security measures; (ii) serving notices of Security Breaches both on the competent data protection authorities and on the data subjects; and (iii) any data protection impact assessment or regulatory enquiry that may be legally required in respect of the personal data that we process as data processors.
(i) At the User's request, and with twenty (20) working days in advance notice, make available to the User the necessary information to prove the fulfilment of the obligations set forth in this section, as well as to allow and contribute, via questionnaires, to carry out audits, including inspections, conducted by the User or any other auditor authorised by the User, always respecting the confidentiality of the information and other applicable rights of our own and of third parties.
(j) Upon termination of the Services, or at any other time at the User's express written request, within a period of thirty (30) working days as of such termination or request, we shall return to the User, or destroy, the original and all copies of the personal data that we process as data processors, as well as any other medium or documentation containing such data.
With regard to point (d) above, we implement technical and organisational measures to ensure a level of security appropriate to the risk for the personal data processed. The purpose of such measures is to guarantee the continued integrity and confidentiality of the personal data. We evaluate these measures periodically in order to guarantee the security of the processing. In particular, the following security measures will be implemented:
(a) The pseudonymisation and the encryption of personal data.
(b) The recording of incidents, both physical and technical, stating the incidents that affect the personal data, as well as mechanisms to restore the availability of and access to the personal data rapidly, in the event of an incident.
(c) The control of access to the personal data, both physical (for instance, controls of access to spaces where personal data are processed) and electronic (for instance, single sign-on for each User).
(d) The management of media and documents containing personal data.
(e) The implementation of processes to guarantee the correct identification and authentication of Users (for instance, double accreditation of Users' identity).
(f) The control of the entry of personal data.
(g) The control of the transfer of personal data (for instance, Content shared in VIEWER mode, i.e., in a proprietary format, which will only be visible through the App).
(h) Making backup and recovery copies of the personal data.
(i) The segregation of personal data (for instance, personal data located in different servers).
11. INTELLECTUAL PROPERTY – LICENSE FOR USE
All of the elements comprising the App (inter alia, texts, images, domain name, trademarks, logos, audio and video files, software, technology, graphic design, etc.), as well as the structure, selection and order of the elements thereof, are protected by intellectual and industrial property law, and cannot be subject to exploitation, reproduction, distribution, modification, public communication, assignment or transformation or any other form of dissemination or act of exploitation not expressly authorised by us, as the owners or authorised licensees, under these Terms and Conditions or otherwise. The Users may only use, non-exclusively and during the term of these Terms and Conditions, such rights solely and exclusively for the purposes provided for in these Terms and Conditions. The unauthorised or fraudulent use of the right over registered trademarks or other protected materials is expressly prohibited and may constitute a breach of the applicable law.
Through these Terms and Conditions, MOLINAPPS grants the User a personal, global (internet), non-exclusive, non-transferable and revocable license to install and use the App in one single Device belonging to he/she, for the sole purpose of being able to use the functions offered by such App exclusively for professional purposes. Under no circumstances may the User rent, lease, lend, sell, distribute or sub-license the App to third parties.
Insofar as legally permitted, any use of the App for a different purpose from those expounded above, is prohibited. In particular, but without limitation, the User may not reproduce or transform the App or make successive versions of the App or of programs derived therefrom, save the cases permitted by the applicable law. The User is not authorised to decompile, disassemble, make reverse engineering, decode or otherwise modify the App and/or its source code.
12. TERMINATION AND TERM
These Terms and Conditions, and the rest of our applicable policies, shall remain in force and shall be binding upon its acceptance when using the App for the first time.
The term of these Terms and Conditions is indefinite. At any time, the User can unsubscribe as a registered User by sending an e-mail to email@example.com and deleting the App, without prejudice to paying MOLINAPPS the debts incurred for the provision of the Services, where appropriate.
In addition, if the User does not use the App over a period of 12 months, its registered account will be blocked. On this point, he/she will be notified if he/she wishes to continue receiving the Services. Otherwise (or in the absence of confirmation within a period of thirty (30) days), his/her account will be deleted.
In the event of a breach of these Terms and Conditions by the User, we may suspend the provision of the Services. If such breach is serious or persistent (i.e. where it is not remedied within a period of ten (10) days as of the date on which the User is notified thereof), we may terminate this contractual relationship and the provision of the Services, without prejudice to any claim for damages.
To that end, a serious breach shall be construed as: (i) storing the Content in breach of law, morality, good customs and these Terms and Conditions; and (ii) sharing the Content without due authorisation, permission or consent.
13.1 Complaints, claims and errors in entering data: the User may submit complaints and claims, as well as identify and correct errors in entering data, by sending an e-mail to the following address: firstname.lastname@example.org.
In particular, if the User considers that we or third party Users have infringed intellectual and/or industrial property rights, applicable laws, or that the Content breaches these Terms and Conditions, he/she may directly notify MOLINAPPS thereof at the aforementioned address submitting, together with its identification data, a description of the breach. We shall analyse the claim and agree, where appropriate, to remove the Content or the information causing the breach. We reserve the right to take legal actions against the Users that violate or infringe these rights or these Terms and Conditions.
IN ANY CASE, MOLINAPPS IS NOT RESPONSIBLE FOR REVISING THE CONTENT PROVIDED BY USERS.
13.2 Language and territory: the App is addressed to medical professionals who carry out their activity in the European Union or third countries. Therefore, these Terms and Conditions, and the rest of the information provided to the User, are executed in Spanish, but shall also be available in Spanish and English.
13.3 User's safekeeping of these Terms and Conditions: by clicking here You can download a copy of these Terms and Conditions in your Device, in PDF format. Similarly, a link to the most updated version of the Terms and Conditions will always remain available to You in the App.
13.4 Changes to the Terms and Conditions and/or the App: MOLINAPPS reserves the right to update, modify or delete these Terms and Conditions and/or the App. The User will be notified of the changes to these Terms and Conditions and/or the App in advance thereof. If the User does not agree with the changes, he/she shall stop using the App. The use of the App, subsequent to the notification of the changes, will mean that the User accepts them.
WE RECOMMEND THAT, EVERY TIME YOU ACCESS THE APP, YOU READ CAREFULLY THE TERMS AND CONDITIONS THAT APPLY AT THE TIME.
The User's access to and use of the App shall be governed by the version of the Terms and Conditions published at that time in the App itself, and which You have accepted.
13.5 Closure of the App: this App has been created for an indefinite duration. However, MOLINAPPS reserves the right to close the App for economic, technical, organisational or business reasons related to MOLINAPPS' business activity, giving prior notice in advance of the date of such closure. In addition, MOLINAPPS reserves the right not to offer previous versions of the App at the Users' request.
The content of this notice shall include, inter alia, the definitive closing date of the App and the period that the Users will have to download any information stored before MOLINAPPS proceeds to delete the same.
13.6 Non-waiver of rights and separability: the fact that MOLINAPPS does not exercise or enforce any right that it holds or any provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions, in whole or in part, should be considered as invalid, unlawful or unenforceable for any reason, this shall not affect the validity of the other provisions.
13.7 Dispute resolution: in the event of a dispute, we shall attempt to reach an agreement with the User and resolve his/her concerns amicably. Prior to taking any legal action, the User accepts that, in order to try and resolve the dispute informally, he/she shall contact us. If the dispute is not settled amicably within fifteen (15) days subsequent to such notice, the User may initiate formal proceedings.
13.8 Applicable law and jurisdiction: in the event of any discrepancy or dispute arising as a result of the interpretation or application of these Terms and Conditions, Data Protection Policy or Content of the App, the User and MOLINAPPS shall be subject, in those cases in which the User has the status of consumer and/or user and when it is not legally possible to agree otherwise, to the jurisdiction of the Courts and Tribunals of the User's domicile or, otherwise, they expressly agree to submit to the jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife.
In addition, the Users who have the status of consumer and/or user are reminded that they can have recourse to the European Commission online dispute resolution platform.
These Terms and Conditions are subject to Spanish law.