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Legal terms

Telefónica Digital España, S.L.U., in compliance with Law 34/2002 of 11th of July, about information society services and electronic commerce, informs that:

  • The name of the company is Telefónica Digital España, S.L.U. Its CIF is B-83188953. Registered in the Registro Mercantil de Madrid, volume 17.279, page 128, sheet M-296237.
  • Its place of business is in St. Gran Vía, n.º 28, 28013 de Madrid.

All rights reserved.

  1. Intellectual property rights of the masapp.elevenpaths.com, website, its source code, design, navigation layout, databases and different items of content are owned by Telefónica Digital España, S.L.U. which has the exclusive rights to use these in any way it deems appropriate, and, in particular, rights of reproduction, distribution, public communication and transformation.
  2. These general terms and conditions govern access and use of the masapp.elevenpaths.com web site which Telefónica Digital España, S.L.U. places at the disposal of internet users. Access to the web site implies unreserved acceptance of the aforementioned general terms and conditions. The use of certain services offered on this web site shall also be governed by the specific conditions stipulated in each case, which shall be understood to have been accepted simply by use of such services.
  3. Viewing, printing and partially downloading any of the web site’s content is authorized solely and exclusively under the following conditions:
    • That this be compatible with the purposes of the masapp.elevenpaths.com web site.
    • That the information thus obtained is solely for personal and private use. Use of the web site’s content for commercial purposes or for distribution, public communication, conversion or decompilation is expressly prohibited.
    • That none of the web site’s content be altered in any way.
    • That no chart, icon or image available on the web site be used, copied or distributed separately from any accompanying text and images.
  4. Telefónica Digital España, S.L.U. reserves the right, at any time and without prior warning, to alter and update the information contained in the web site, the configuration and presentation of the site, and the access conditions.
  5. Telefónica Digital España, S.L.U. cannot guarantee that there will be no interruptions or errors in access to the web site or in its content, nor that the latter is up-to-date, although it will strive to prevent and remedy any such interruptions and errors and to update content, if necessary.
  6. Both access to this web site and the use made of the information contained therein is the exclusive responsibility of the user. Telefónica Digital España, S.L.U. shall not be responsible for any consequence, damage or injury that may result from access or use of the information. Telefónica Digital España, S.L.U. shall not be responsible for any possible security errors which may occur nor for any possible damage to the user’s computer system (hardware and software), or to the files or documents stored therein, caused by the presence of a virus in the computer used by the user to connect to the web site’s services and content, by the malfunctioning of the browser or by the use of out-of-date versions of the said browser.
  7. Telefónica Digital España, S.L.U. assumes no responsibility whatsoever in respect of connection to or the content of third party links contained on the web site, nor does it guarantee the absence of viruses or other elements in the said links which may cause alterations to the user’s computer system (hardware and software), documents or files, including responsibility for any damages of any kind caused to the user for this reason.
  8. Telefónica Digital España, S.L.U. owns the industrial property rights relating to its products and services, and specifically those relating to the Telefónica Digital España, S.L.U. registered trademark. With regard to third party products and services mentioned on the web site, Telefónica Digital España, S.L.U. acknowledges the claim of the owners to the corresponding industrial and intellectual property rights, their mere mention or inclusion in the web site according Telefónica Digital España, S.L.U. no rights or responsibility whatsoever in respect of the said products and services, nor implying any endorsement, sponsorship, or recommendation on the part of Telefónica Digital España, S.L.U.
  9. Unauthorized use of the information included on this web site, its sale to third parties, and any breach of Telefónica Digital España, S.L.U.‘s Intellectual or Industrial Property rights shall give rise to the legally established responsibilities.
  10. All third party links to this web site must be to the homepage.
  11. Telefónica Digital España, S.L.U. and the user, expressly waiving their right of recourse to any other jurisdiction, hereby submit to the jurisdiction of the Courts of the user’s place of residence for the resolution of any dispute that may arise in relation with access to this web site. If the user’s place of residence is outside of Spain, Telefónica Digital España, S.L.U. and the user, expressly waiving their right of recourse to any other jurisdiction, hereby submit to the jurisdiction of the Courts of Madrid (Spain).

NOTICE: You have accessed a system owned Telefónica Group. You need authorization before using it, you being strictly limited to the indicated use of the authorization. Unauthorized access to this system or misuse of it are prohibited and are contrary to the Corporate Security Policy and current legislation. If you disclose inside information Telefónica Group or its customers without prior authorization it may be incurring a violation of corporate legislation, which could even lead to the possible commission of a crime or misdemeanor.

Last updated: May 2018

Telefónica Digital España, S.L.U., advises users of the f4wp.elevenpaths.com portal that the companies comprising the Telefónica Group abide by current Spanish legislation on matters of personal data protection, users’ privacy and the secrecy and security of personal data, as provided in Organic Law 15/1999, of 13 December, governing Personal Data Protection and in Royal Decree 1720/2007, of 21 December, which approve the Regulations that develop Organic Law 15/1999, by adopting the necessary technical and organizational measures to avoid the loss, misuse, alteration, unauthorized access or theft of the personal data provided, taking into account the state of the technology used, the nature of the data and the risks to which it is exposed.

Specifically, Telefónica Digital España, S.L.U., informs users of its f4wp.elevenpaths.com portal that personal data can only be obtained for processing if they are appropriate, pertinent, and not excessive for the determined area and ends, explicit and legitimate, for which they were obtained. They will be cancelled when they are no longer necessary or pertinent for these ends, or when their owner requests they be cancelled.

When f4wp.elevenpaths.com, gathers personal data, users shall receive clear and specific prior notification of the following:

  • The existence of a file or processing of data of a personal nature, the reasons for gathering such data and the recipients of this information. Recording of the file in the Data Protection Agency’s Register.
  • Recording of the file in the Data Protection Agency’s Register.
  • The obligatory or optional nature of the replies to any questions which may be asked, and the consequences of obtaining data or the refusal to supply them.
  • The possibility of exercising the right to access, correct, cancel and oppose this data.
  • Name and address of those responsible for data processing.

All responsibility for the completion of forms with false, inaccurate, incomplete or outdated information shall be that of the user.

Any transfer of the personal data of users of this portal to third parties shall be duly communicated to those affected, specifying the identity of the recipients of the data and the uses to which they will be put.

Last updated: May 2018

Telefónica Digital España S.L.U. Cookies Policy

In compliance with Spanish law governing the use of cookies in relation to providing electronic communications services, set out in Royal Decree-law 13/2012 of 30 March, we hereby inform you about the cookies used on Telefónica Digital España, S.L.U. website masapp.elevenpaths.com (hereinafter, the website) and the reason for their use. Similarly, Telefónica Digital España S.L.U. informs you that by browsing the website, you agree to our use of cookies.

What are cookies and what are they used for?

A cookie is a file that is downloaded to the computer, tablet, smartphone or any other device on accessing certain websites. Cookies allow a website to store and retrieve information about a user or device’s browsing habits and depending on the information it contains and how the device is used, they can be used to recognise a user. Under no circumstance can cookies damage your device. In fact, enabling cookies helps us to identify and resolve possible errors.

Identifying cookies

Below is a list of cookies arranged into a series of categories. However, bear in mind that a cookie could be included in more than one category.

Cookies according to the entity that manages them:

Depending on the entity that manages the server or domain from which the cookies are sent and which processes the data they contain, cookies can be classified into:

  • First-party cookies: These cookies are sent to the user’s device from a server or domain managed by the publisher and which provides the service requested by the user.
  • Third-party cookies: These cookies are sent to the user’s device from a server or domain that is not managed by the publisher but by another entity that processes the data collected through cookies.
  • If cookies are installed from a server or domain managed by the publisher but the information collected though them is managed by a third-party, they are not classed as first-party cookies.

Types of cookies according to how long they remain activated:

Depending on how long they remain activated on the device, cookies can be divided into:

  • Session cookies: These cookies are designed to gather and store data when the user accesses a website. They are usually used to store data that is only needed to provide the service requested by the user on one occasion (e.g. a list of products purchased).
  • Persistent cookies: These cookies are stored on the device and can be accessed and managed over the period of time defined by the entity in charge of the cookie, which can range from minutes to several years.

Cookies according to their purpose:

Depending on the purpose of the data collected through the cookie, cookies can be divided into:

  • Technical cookies: These cookies allow the user to browse a website, platform or application and use the options or services available, such as control traffic and data communications, identify the session, access areas with restricted access, remember the items included in an order, carry out the purchase process for an order, complete an event registration or participation form, use security components while browsing, store content to play videos or sounds or share content on social networks.
  • Personalisation cookies: These cookies allow users to access the service with some general features defined by default according to a series of criteria on the user’s device, such as language, browser used to access the service, regional settings from which the service is accessed, etc.
  • Analytics cookies: These cookies allow the entity in charge of them to track and analyse the behaviour of users of the websites to which they are linked. The information collected by these cookies is used to measure the activity of the websites, applications or platforms and to compile browsing profiles of the users of these websites, applications and platforms in order to make improvements based on analysing the data on how users use the service.
  • Advertising cookies: These cookies allow the advertising space that the publisher has included on the website, application or platform used to provide the service to be used as efficiently as possible based on criteria such as edited content or how frequently advertisements are shown.
  • Behavioural advertising cookies: These cookies allow the advertising space that the publisher has included on the website, application or platform used to provide the service to be used as efficiently as possible. These cookies store information about user behaviour collected by constantly monitoring their browsing habits, which allows a specific profile to be developed to display advertising accordingly.

The cookies used on our website are first-party and third-party. They allow us to store and access information related to the language, the browser used and other general features defined by the user and to track and analyse their activity in order to improve our services in a more efficient and personalised way. Telefónica Digital España S.L.U. does not use advertising or behavioural advertising cookies.

Cookies offer many benefits when providing information society services, as they: (i) help users to browse the website and access the services available; (ii) save users from having to configure the general features defined by default whenever they access the website; (iii) aid improved functioning and services provided by the website, after the corresponding analysis of the information collected via the cookies installed.

Telefónica Digital España S.L.U. does not collect or store your personal data (for example, name and address) and therefore, this data cannot be used to identify you.

However, you can configure your browser, allow or block cookies, or select those that can be installed and those that cannot by following the procedure for the browser used:

On its website, Telefónica Digital España S.L.U. uses:

Own cookies:

This is a table of Cookie’s information

Cookie Owner Duration Purpose Level
PATH6_SESSION masapp.elevenpaths.com Expires with the session (1h renewable if used) and a maximum life time of 30days) Contains the info of the mASAPP user session level 1
PATH6_PREFERENCES masapp.elevenpaths.com Expires with the session Contains the customisation that allows to remember the pagination preferences for the tables level 1
PATH6_FLASH masapp.elevenpaths.com Expires with the session Contains the parameters temporarily stored to have context for the next request level 1
PATH6_ERRORS masapp.elevenpaths.com Expires with the session Contains the parameters stored after an error to be able to supply information to the user level 1
PLAY_LANG masapp.elevenpaths.com Expires with the session Contains the language selected in the user interface level 1
rememberme masapp.elevenpaths.com 1 month Contains the flag to remeber the user in the login page level 1
darwin-menu-state masapp.elevenpaths.com 1 month Contains the user preference of keeping the menu open or folded away level 1

Third Party cookies:

This is a table of Cookie’s information

Cookie Owner Duration Purpose Level
__utmz aptoide.com 6 months This cookie helps log the source of the traffic or campaign; tracks the search engine used to access, the links selected, the keywords used and the part of the world from which the site is accessed. level 2
__utma aptoide.com 2 years This cookie helps log the source of the traffic or campaign; tracks the search engine used to access, the links selected, the keywords used and the part of the world from which the site is accessed. level 2
cookie_accepted aptoide.com 1 years Remembers the acceptance of the cookies by the user level 1
language aptoide.com 5 years Contains the information of the language preferences of the user level 1
NID googleusercontent.com 6 months When creating a Google account or logging in, NID cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2
CONSENT googleusercontent.com 20 years google.related user preferences level 2
__qca googleusercontent.com 1 year This cookie is part of Google Analytics, a tool to provide anonymous usage data for websites level 2
_ga googleusercontent.com 2 years Cookie set by analytics.js; JavaScript library belonging to Google. The analytics.js library is part of Google Universal Analytics and uses this source cookie that contains an anonymous identifier to distinguish users. level 2
__utmz slideme.org 6 months This cookie helps log the source of the traffic or campaign; tracks the search engine used to access, the links selected, the keywords used and the part of the world from which the site is accessed. level 2
__utma slideme.org 2 years This cookie keeps a log of the number of times a user has visited a website, the date of their first visit and of their last visit. level 2
__utmv slideme.org 2 years Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics. level 2
__gads slideme.org Various This cookie is associated with the DoubleClick for Publishers service from Google. level 2
PREF googleusercontent.com 2 years When creating a Google account or logging in, PREF cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2
NID googleusercontent.com 6 months When creating a Google account or logging in, NID cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2
HSID googleusercontent.com 2 years When creating a Google account or logging in, HSID cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2
APISID googleusercontent.com 2 years When creating a Google account or logging in, HSID cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2
SID googleusercontent.com 2 years When creating a Google account or logging in, HSID cookie is stored on the computer in order to remain connected to your Google account when you visit its service again. While you are logged in and use plug-ins from other websites, such as ours, Google uses theiecookie to improve your user experience. level 2

Intrusion levels associated with the cookies we use

The aforementioned cookies incorporate an ‘intrusion level’ criteria based on a scale of 1 to 3, in which:

  • Level 1: Corresponds to internal use cookies that are essential for providing the service requested by the user.
  • Level 2: Corresponds to anonymous internal use cookies needed to maintain content and browsing, in addition to cookies managed by third-parties in the framework of the services expressly requested by the user on their websites (e.g. social plug-ins for Facebook or Twitter, incrusted videos and maps).
  • Level 3: Corresponds to cookies managed by third-parties in the framework of services not expressly requested by the user, allowing them to be tracked through websites not belonging to Telefónica Digital España, S.L.U. (e.g. graphic advertising management platforms). This level is specified along with the name of the owner. Using level 3 cookies is subject to the prior consent of the user who must expressly accept them.

Review

These lists will be updated as quickly as possible as the services offered on the website change and evolve. However, during the update the list might not include a cookie, but these cookies will always have the same purposes as those included in these lists.

Last updated May 2018.

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SERVICE.

The present terms and conditions of use (hereinafter, the “Terms”) constitute an agreement between Telefónica Digital España S.L.U, bearing tax identification code (CIF) B-83.188.953 and with registered office at calle Gran Vía, 28, 28013, Madrid (also named "ElevenPaths") and You (whether as a natural or legal person) with respect to the use of the hired service, mASAPP (hereinafter, also, the "Service" or "mASAPP"), by yourself.

MASAPP is owned by ElevenPaths and, together with any other mASAPP service that ElevenPaths has or may launch in the future, it is included in the company’s "MOBILE CHANNEL RISKS ".

MASAPP is protected by international copyright laws and treaties as well as other applicable laws and treaties relating to intellectual and industrial property. MASAPP is not licensed or sold.

MASAPP includes:

  • Updates, releases, improvements, future versions;
  • Supplements or associated software components;
  • Printed materials and online or electronic documentation;
  • Internet-based services; and
  • Support services, unless other terms accompany such services, in which case those terms will apply.

Unreserved acceptance of the Terms is essential for the provision of the Service by ElevenPaths.

Through (i) the electronic acceptance of these Terms or (ii) the use of mASAPP, you fully and explicitly accept having read, understood and agreed to be bound by these Terms without modification. If you do not accept them or do not intend to be legally bound by the Terms, do not access or use mASAPP in any way.

1. OBJECT

These Terms regulate the provision, by ElevenPaths to You, of the access to and use of mASAPP.

These Terms do not imply any obligation for ElevenPaths to update any software, or to issue any version, release or update of mASAPP.

2. DESCRIPTION OF THE SERVICE

mASAPP can be accessed at the following website: https://masapp.elevenpaths.com

The services offered by mASAPP may be used by You, or by any third party acting on your behalf (End User) through the use of access credentials to mASAPP. In all cases, You will be responsible for any breach of these Terms caused by the End User.

3. SERVICE PROVISION

mASAPP may be used by accessing https://masapp.elevenpaths.com. An internet connection is required as well as an electronic device with a compatible web browser. These elements, being outside the scope of these Terms, must be provided by You.

3.1. Technical requirements for the provision of the service

The following is a summary of the technical specifications that You must observe in order to access and use the Service. These specifications are of a minimum nature, and the performance of mASAPP may vary for various technical reasons beyond the influence of ElevenPaths, such as, for example, available bandwidth, type of electronic device used by You, version of the operating system or browser used, etc.

If the minimum technical requirements to access the Service change, ElevenPaths will make the information available to you via email or on the web page https://masapp.elevenpaths.com

3.2. Internet connection

Access to mASAPP requires the use of an Internet connection by You with a minimum symmetrical bandwidth dedicated to the Service of one megabit per second (1Mb/s) to ensure proper operation.

It is your responsibility to configure the aforementioned Internet connection that is required to provide the Service. In no case will ElevenPaths configure those parameters.

3.3. Compatible web browser

In order to ensure proper provision of the Service, You must use the most updated versions of web browsers: Microsoft, Internet Explorer or Edge, Mozilla Firefox or Google Chrome, as well as any other that may be compatible with the Service and following the technical specifications described in these General Conditions. In case of doubt, You may consult masapp_support@elevenpaths.com.

The use of browser extensions or add-ons may negatively affect or even prevent the proper provision of the Service; ElevenPaths is exempt from any liability that may arise from such events.

3.4. Start-up of the Service

ElevenPaths will make reasonable efforts to provide support services during the process of registration or access to mASAPP ("Support Services"). Any request for Support Services should be sent to ElevenPaths through the following email address masapp_support@elevenpaths.com.

3.5. Service provision packages

mASAPP is offered in two packages, one of which must be chosen upon hiring the service:

(i) Managed service. You may contract a type of service that will provide periodic reports and the assistance of security analysts. This service may be offered as part of the Cyberthreats service.

(ii) Self-managed service. You may contract a type of service that will offer access to the service and autonomous use its features of signup, security test execution, and results report inspection. The payment model will be pay per use. ElevenPaths retains the right to restrict this service model to companies bellow a maximum revenue threshold, number of employees or any other criteria that ElevenPaths establishes as the rule to limit the scale of the entities entitle to a contract this service modality.

4. CLIENT OBLIGATIONS

4.1. Use

To respect the use of mASAPP, You further agree that You (and that the End Users as explained below):

(a) must comply with ElevenPaths’ instructions regarding the use of “mASAPP”:

(b) must not (i) use mASAPP in a manner that is inconsistent with the reasonable use of mASAPP and principles of good faith, (ii) use mASAPP in a manner that, in ElevenPaths' judgment, directly affects (or is likely to affect) mASAPP or other ElevenPaths customers, (iii) use mASAPP in any way that may disturb, interfere with, distort or damage ElevenPaths systems, (iv) use mASAPP fraudulently or in connection with a crime, (v) use mASAPP to send, receive, store or knowingly communicate any material that is illegal, unprotected, offensive, abusive, indecent, defamatory, obscene or threatening, including a nuisance or deception or any other type of material susceptible to cause offense, (vi) use mASAPP to harass, spy on, disturb, cause unnecessary distress or anxiety to any person, or to impersonate any other person or act in any way that may reasonably be considered unpleasant, or that is harmful to others in any way, (vii) use mASAPP in a manner that contravenes any license, code of practice, instructions or guidelines issued by a relevant regulatory authority, (viii) use mASAPP to send spam or send unsolicited advertising or promotional material, (ix) use mASAPP to send or transmit anything, be it content or software material, that consists in or contains a virus, (x) use mASAPP in a manner that may damage the reputation of ElevenPaths or any entity within the Telefónica Group, the reputation of MOBILE RISK CHANNEL SERVICES or otherwise discredit ElevenPaths or the reputation of third parties, (xi) use mASAPP in any way that violates copyrights, trademarks, confidentiality, privacy or infringes intellectual property rights or industrial third party rights, (xii) own or continue to maintain the licenses, consent and/or notifications required under any applicable law, regulation and/or administrative order to receive and use mASAPP, should they exist.

(c) will use mASAPP only (i) for internal use in ordinary business operations, (ii) in accordance with all applicable laws and regulations, and (iii) as provided for in these Terms and any documentation that is part of mASAPP;

(d) will not use any documentation that is part of mASAPP except to support its authorized use;

(e) will not, notwithstanding that which is expressly set forth in these Terms, (i) modify, adapt, translate, duplicate, disassemble, decompile, re-assemble, reverse compile or reverse engineer or take similar actions with respect to mASAPP for any purpose whatsoever, or (ii) attempt to discover the underlying source code or algorithms of mASAPP (unless prohibited by current law and then only to the extent specifically permitted by the applicable law, and only after providing ElevenPaths with reasonable written notice in advance and the opportunity to respond);

(f) in designing, modifying or developing software for services that are similar in their purpose, scope or function to mASAPP, will not participate in competitive analysis, benchmarking, use, evaluation or visualization of mASAPP or create any derivative based on mASAPP, either for internal use, licensing or resale; and

(g) must comply with applicable laws and will not allow any party, either directly or on your behalf, to infringe or violate any of these restrictions;

5. OBLIGATIONS OF ELEVENPATHS

5.1. Access

ElevenPaths grants You the right to access and use mASAPP on files for which the Service was designed.

5.2. Service availability

ElevenPaths will put forth its best efforts to provide maximum availability and continuous access to mASAPP.

5.3. Customer support and technical assistance service

ElevenPaths will provide you with an additional technical assistance service for mASAPP via email addressed to masapp_support@elevenpaths.com.

6. SUPPORT SERVICES

Requests for Support Services will be handled by ElevenPaths as soon as possible via email addressed to masapp_support@elevenpaths.com.

7. FEES

It must be taken into consideration that to access and use mASAPP, You must have paid the fee for the hired Service before its first use, together with all the applicable terms and conditions for said payment. Those applicable terms and conditions will be a part of these Terms.

If the use of mASAPP is renewed for the same amounts and periods, as indicated below under article 8 "DURATION AND TERMINATION" of this document, you must pay the corresponding fee as notified by ElevenPaths at each instance.

8. DURATION AND TERMINATION

The duration of these Terms will start once You hire mASAPP, which occurs once You pay the fee required to use the Service.

The duration of these Terms will depend on the package that You have hired.

Notwithstanding the foregoing, ElevenPaths may, at its sole discretion and without prior notice, terminate these Terms.

In addition, ElevenPaths may terminate this relationship immediately in the event that (i) You do not comply with your payment obligations regarding the corresponding fees, provided that ElevenPaths gives you prior notice and does not correct them within ten (10) days after the date of notification (ii) ElevenPaths determines, at its sole discretion, that the provision of the Service offered to You is prohibited by applicable law or rendered impracticable or unfeasible for any legal or regulatory reason, (iii) ElevenPaths determines, at its sole discretion, that You breach any of the terms and conditions of this document or that You are using mASAPP, or are acting in such a way that the use of mASAPP granted to other customers or on any infrastructure related to mASAPP may be adversely affected or (iv) ElevenPaths determines, at its sole discretion, that your use (or that of your End Users) of mASAPP poses a security or service risk that may involve the responsibility of ElevenPaths or third parties.

Upon the termination or expiration of these Terms, You must immediately cease and desist from all use of mASAPP;

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

All titles, including but not limited to copyrights, names, trademarks, trade names, service marks or any other identifying feature on mASAPP and its copies, as well as any other distinctive signs, patents, license or copyright are the intellectual or industrial property of ElevenPaths or its suppliers.

These Terms only grant You the limited right to use mASAPP under the terms and restrictions specified herein. You do not have and will not acquire any other right, title or interest in connection to this Service, which will at all times be under the exclusive ownership of ElevenPaths or a third party licensor applicable to ElevenPaths.

All titles and intellectual property rights over the content that can be accessed through the use of mASAPP are the property of the respective owner of the content and may be protected by applicable laws and copyright or intellectual property treaties. These Terms do not grant You any right to use such content. All rights not expressly granted are reserved by ElevenPaths.

You acknowledge and agree that ElevenPaths will be the sole owner of improvements, updates or derivative works of mASAPP that are developed by ElevenPaths during and after the termination of these Terms. Without limiting the foregoing, You expressly acknowledge and agree that ElevenPaths will be the sole owner of any newly developed intellectual and industrial property, including but not limited to (i) newly developed, revised or modified source code and (ii) those related in any way to mASAPP or to the general business of ElevenPaths, regardless of whether they are developed, revised or modified in response to your requests, suggestions or ideas, even if they are made via payments made by You. During the validity of these Terms, and thereafter, you will not claim the invalidity of ElevenPaths’ intellectual property right over mASAPP, or contest the right, title or interest of ElevenPaths in and to mASAPP, and shall not cause, influence or help in any way from any other party to make such claims or disputes.

10. NO WARRANTIES

ElevenPaths expressly waives the right to grant any warranty for mASAPP. You understand and expressly accept that the use of mASAPP is exercised at your own risk. mASAPP is supplied as-is and according to availability. Without any express or implied warranty of any kind, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose, even without guarantee that mASAPP will meet your requirements or that use of the Service may be uninterrupted, timely, secure or free of errors, or that the results that can be obtained by using mASAPP are accurate or reliable or that the quality of mASAPP meets your expectations. ElevenPaths does not guarantee or assume responsibility for the accuracy or completeness of any information, documentation, text, graphics, links or other elements contained in mASAPP. ElevenPaths makes no guarantees regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other computer program of this type. ElevenPaths also expressly disclaims any warranty or representation to End Users or third parties.

You agree to hold ElevenPaths harmless and indemnify it and its affiliates (including any entity within the Telefónica Group) officers, agents, employees, advertisers or partners from and against (i) any third-party claim arising from or related to your use (or use by End Users) of mASAPP with respect to these Terms (ii) any and all damages as a result of a violation by You or your End Users of any applicable regulation or law or as a result of any other action related to the use of mASAPP, or as a result of a breach of any of these Terms by your End Users or as a result of the use of the mASAPP by your End Users; (iii) any claim against ElevenPaths made by any of your End Users or third parties related to any service, content or other service provided or sent by You (directly or through your End Users) using mASAPP, or (iv) any damage to any equipment belonging to ElevenPaths or any other Telefónica Group company caused by your breach or a breach by your End Users of these Terms; including any liability or expense arising from all claims, losses, damages (actual or consequential), requests, lawsuits, costs of litigation and attorney's fees, or of any kind and nature. In such case, ElevenPaths will provide you with written notice of such claim, suit or action.

11. LIMITED LIABILITY

In no event shall ElevenPaths be liable for any damages (including, without limitation, loss of profits, loss of business, business interruption or loss of information) that arise from your use or inability to use mASAPP (including by your End Users), the cost of the acquisition or goods and substitute services, the declaration or the conduct of third-party services or products, even if ElevenPaths has been advised of the possibility of such damages.

In no case shall ElevenPaths be liable for the loss of data or for indirect, special, incidental or consequential damages (including losses, business losses, whether direct or indirect, or loss or corruption of data), or for any other indirect or consequential loss, or for damages based on these Terms, grievance or otherwise.

ElevenPaths shall have no responsibility with respect to the content of mASAPP or any part of the Service, including, but not limited to errors or omissions, slander, infringement of advertising rights, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or disclosure of confidential information.

In any case, the aggregate limit of liability of ElevenPaths for all damages arising from or related to these Terms or mASAPP will be limited to fifty percent (50%) of the fee paid by you for the right of access to and use of mASAPP and received by ElevenPaths after the last twelve (12) months immediately preceding the event that gave rise to the claim.

Nothing in this agreement shall exclude or restrict the liability of either party for: (i) death or personal injury resulting from that party's negligence; or (ii) fraud or false or misrepresented statement.

Nothing in this agreement will exclude or restrict the liability of any party for any liability that cannot be excluded or restricted by law.

12. CONFIDENTIALITY

You agree to treat any information, data, news or documents in any means related to mASAPP that you obtain or receive as a result of the conclusion or execution of these Terms (the "Confidential Information") in a strictly private and confidential manner and not to disclose any such information to third parties.

The commitment established in the previous paragraph will not be considered breached if the information, news, data and/or documents are already in the public domain when they are disclosed or if the disclosure of such information is required by law or a competent authority orders the total or partial disclosure of Confidential Information.

For the purposes of this section, the Confidential Information also includes these Terms, including relevant consideration of the ElevenPaths system, any document, business offer, information or presentation that has been provided to you by ElevenPaths related to the technology of ElevenPaths’ business partners, promotional and marketing activities, finance and other business matters.

The confidentiality obligations set forth in this document will survive the termination of these Terms and will continue until any of the exceptions included in this article apply.

If You are required by an applicable statute, law or regulation or by a legal or regulatory authority to proceed to disclose any Confidential Information, you must properly notify ElevenPaths (if the law, regulatory authority or relevant authority permits it) the need to do so for the affected party to be able to make a timely request for a protection order or other appropriate remedy or to waive compliance with the terms of this section. You also agree to cooperate with ElevenPaths in your efforts to obtain such an order of protection or other remedy. In the event that such a protection order or other remedy is not obtained, You must allow the provision only of the portion of Confidential Information in this document that is advised as per the opinion of a lawyer that should legally disclose and make reasonable efforts to obtain guarantees that confidential treatment will be applied to such Confidential Information.

13. LAW AND JURISDICTION

These Terms will be governed by Spanish Law.

The parties agree to submit any disagreement in the interpretation and execution of these Terms to the courts and tribunals of the city of Madrid.

14. CONTRACTING AND OUTSOURCING

You may not assign these Terms or transfer in any way your rights or obligations, including credentials or any other right, without the prior written consent of ElevenPaths.

ElevenPaths, upon written notification (including email) and without your consent, may assign or transfer these Terms to third parties, whether a member of the Telefónica Group or not.

ElevenPaths may at any time subcontract part or all of its obligations under this contract.

15. PUBLICITY

ElevenPaths may use your name and/or logo in a list of customers to be used in market materials provided that you give your consent to ElevenPaths via email in the related request sent by ElevenPaths.

Within forty-five (45) days of signing these Terms, ElevenPaths may publish a press release announcing its relationship with You as a client, provided that you have had the opportunity to review and approve the press release.

16. PRIVACY

ElevenPaths acknowledges the importance of protecting your privacy as a mASAPP user, reason why there is a Privacy Policy that you can refer to by visiting our web site.

17. CONTRACT MODIFICATION

ElevenPaths may modify these Terms through (i) technological changes, (ii) regulatory changes that affect the Service, or (iii) evolution of the Service itself, publishing it at the website https://masapp.elevenpaths.com, for your information.

18. CONSERVATION AND INTEGRITY OF THESE TERMS AND NON-WAIVER

The declaration of nullity or invalidity of any clause of these Terms, unless they are of an essential nature, will not affect the validity and effectiveness of the other clauses.

The failure or delay by any of the parties involved in these Terms to exercise or enforce any right, power or remedy under these Terms will not be considered a waiver of such right, power or remedy.

19. NOTIFICATIONS

To You: Unless otherwise stated in this document, the notices made by ElevenPaths under these Terms will be provided to You through the email address You have provided to ElevenPaths in the registration process that was completed to acquire the right of access to and use of mASAPP or at any updated email address that You have provided to ElevenPaths and/or affiliates. It is your responsibility to keep your email address up to date and you will be deemed to have received any email sent to that address, if it is sent from ElevenPaths and/or affiliates, regardless of whether you actually received the email.

To ElevenPaths: For notifications that You send to ElevenPaths under these Terms and for questions regarding these Terms or mASAPP, you may contact us via the email address elevenpaths@elevenpaths.com.

Any support-related question or consultation regarding mASAPP should be made via the contact information provided above.