Legal information and privacy

1. Owner's identification details

Owner

Miguel Ángel Martín Martínez

Tax ID (NIF / CIF)

75932512J

Registered address

Calle Párroco José Rodríguez, 33 · 18014 Granada (Spain)

Activity

Social network and online shop for hiking, trail running and mountain biking

Contact email

[email protected]

2. Purpose and acceptance

The purpose of the Platform is to offer a social network and an online shop aimed at hikers, trail runners and mountain bikers, allowing users to record and share routes, photos and comments, take part in clubs and meetups, compete in leaderboards and purchase paid products and services.

Accessing and using the Platform confers the status of user and entails full acceptance of these terms, the Privacy policy and the Cookie policy, in the version published at the time of each access. If you do not agree with them, you must refrain from using the Platform.

3. Registration, account and minimum age

Using most features requires creating an account. The user undertakes to provide truthful information and to keep it up to date, and is responsible for safeguarding their credentials and for all activity carried out from their account. They must notify the owner of any unauthorised use as soon as they become aware of it.

To register, you must be at least 14 years old. The account is personal and non-transferable: it may not be assigned, sold or shared with third parties.

The owner may suspend or close an account, temporarily or permanently, in the event of a breach of these terms, fraudulent use of the Platform or an infringement of third-party rights or of the applicable legislation. Where the nature of the breach allows, the user will be notified in advance.

4. Rules of use and content published by users

The user is solely responsible for the content they publish — routes, GPS tracking files, photographs, texts, comments and messages — and guarantees that they hold the necessary rights over it and that it does not infringe the rights of third parties.

When publishing content, the user retains ownership of it and grants the owner a non-exclusive, royalty-free, worldwide licence to host, reproduce, technically adapt and communicate it publicly within the Platform, for the sole purpose of providing the service and, where applicable, promoting it. This licence ends when the user deletes the content, except in backup copies and in cases where the content has been shared by other users.

It is expressly prohibited to publish or disseminate content that:

• Is unlawful, defamatory, discriminatory, violent or sexually explicit, or incites hatred.
• Infringes third parties' intellectual property, industrial property or image rights.
• Discloses personal data of third parties without their consent, including photographs showing identifiable people who have not authorised their publication.
• Crosses or encourages access to private property without permission, or travel through protected natural areas in breach of their rules of use.
• Constitutes unsolicited advertising, identity theft or artificial manipulation of leaderboards and ranks.

The Platform has a content reporting system. The owner is not obliged to monitor published content in advance, but will remove or block access to any content that proves to be unlawful as soon as it has actual knowledge of it, in accordance with Article 16 of the LSSI-CE.

5. Suviard Premium

Suviard Premium is a paid subscription that unlocks additional features. It is offered in two options, taxes included:

• Monthly: €0,99 per month.
• Annual: €9,99 per year.

Automatic renewal. The subscription renews automatically at the end of each period for the same term and price, unless it is cancelled before the renewal date. The applicable price will always be the one published on the Platform at the time of renewal; any change will be communicated sufficiently in advance and will entitle the user to cancel at no cost before it takes effect.

Cancellation. It can be cancelled at any time from the account settings. Cancellation stops future renewals: the user keeps the Premium perks until the end of the period already paid for, without a pro rata refund for the unused portion, unless the applicable consumer legislation provides otherwise.

Purchases made within the mobile apps. When the subscription is purchased through the App Store or Google Play, billing, renewal, cancellation and refunds are additionally governed by the terms of the relevant store, and must be managed from that store's subscription settings, not from the Platform.

6. Credits

Credits are an internal unit of use of the Platform. They are earned free of charge through the user's activity — publishing routes, unlocking achievements or winning prizes in the leaderboards — and can also be purchased in packs, taxes included:

• 2.500 credits: €1,99
• 5.000 credits: €2,99
• 10.000 credits: €4,99

Credits can be redeemed for periods of Premium (2.000 credits for one month and 9.900 credits for six months) and for the other perks published from time to time.

Credits are not electronic money or a means of payment. They cannot be exchanged for money, cannot be transferred between accounts and have no value outside the Platform. Credits obtained free of charge may be withdrawn in the event of fraudulent use or manipulation of the mechanisms that award them. If the account is closed at the user's request, any unused credits are lost.

7. Shop: purchase of products

The prices shown include the applicable taxes. Shipping costs, as well as the minimum amount above which shipping is free where such a promotion exists, are indicated before the purchase is completed. The estimated delivery time is 3 to 7 working days from confirmation of payment, for shipments within the territory indicated during the purchase process.

The sales contract is concluded upon confirmation of the order, which is sent by email together with the invoice. Payments are processed through a payment service provider; the owner never stores full card details.

Products are covered by the three-year legal guarantee of conformity provided for in consumer legislation. If a product arrives faulty or does not match what was ordered, the user must report it to [email protected] and the owner will bear the costs of the return.

8. Right of withdrawal

The consumer user has a period of fourteen (14) calendar days to withdraw from the contract without giving any reason and without penalty, counted from receipt of the product in the case of goods, or from the conclusion of the contract in the case of services. To exercise this right, it is sufficient to communicate it unequivocally to [email protected].

In the case of goods, the user must return them in suitable condition and bear the direct costs of the return, unless the product is faulty or incorrect. The refund will be made using the same means of payment used and within fourteen days of receipt of the communication.

Exception applicable to digital content and services already provided. When subscribing to Suviard Premium or purchasing credits, the user expressly requests that performance begin immediately and acknowledges that, once it has been fully performed, they lose the right of withdrawal, in accordance with Article 103 of Royal Legislative Decree 1/2007. If the service has only been partially provided during the withdrawal period, the user will pay the proportion corresponding to the service actually enjoyed.

9. Duration, cancellation and deletion of the account

The relationship is of indefinite duration. The user may cancel at any time from their account settings. Deleting the account erases their personal data — email, username, profile photos and city — and removes their links with third-party login providers.

Their routes and kilometres are kept in anonymised form and attributed to a "deleted user", so as not to alter the historical leaderboards or the activity of the clubs they have taken part in, which constitutes a legitimate interest of the owner and of the other users. Details of the processing are set out in the Privacy policy.

10. Intellectual and industrial property

All content on the Platform — texts, photographs, graphics, images, videos, animations, software, illustrations, source code, trade marks, trade names, domain names and other distinctive signs — is the property of Miguel Ángel Martín Martínez or of the third parties that have authorised its assignment, and is protected by national and international intellectual and industrial property legislation. Content published by users is excluded and is governed by the provisions of clause 4.

Reuse for commercial purposes, distribution, transformation, public communication or any other form of unauthorised exploitation is expressly prohibited without the prior, express and written consent of the owner. The systematic extraction of content by automated means is likewise prohibited.

11. Liability

Activity in the natural environment. The routes published on the Platform are content created by users and have not been verified by the owner. Information on distances, elevation gain, difficulty, route lines and terrain conditions is for guidance only and may be out of date or inaccurate. Hiking, trail running and mountain biking carry inherent risks: each user is solely responsible for assessing their own abilities, checking the weather and terrain conditions, carrying the right equipment and complying with the rules of the area they pass through. The owner is not liable for personal injury or material damage arising from an activity carried out on the basis of information on the Platform.

Availability of the service. The owner does not guarantee the uninterrupted availability or correct operation of the Platform, or the absence of viruses or other harmful components, and will not be liable for damage arising from inability to access, interruptions, delays or technical failures beyond its control. The activity recording features depend on the GPS sensor and operating system of the user's device, whose operation is not under the owner's control.

Third-party content. The owner is not responsible for the content published by users or for the accuracy of the data they provide, without prejudice to its removal under the terms set out in clause 4.

Nothing in this clause excludes or limits the owner's liability in cases where mandatory legislation does not allow it, in particular with regard to consumers.

12. Third-party links

The Platform may contain links to other websites managed by third parties. The owner has no control over those sites and accepts no liability whatsoever for their content, services or operation. The inclusion of these links does not imply any approval, sponsorship or recommendation.

13. Changes to the terms

The owner may amend these terms to adapt them to regulatory or technical changes or changes to the service itself. Substantial changes affecting services purchased will be communicated to the user by email or by means of a prominent notice on the Platform reasonably in advance of their entry into force, and the user may cancel their subscription at no cost if they do not accept them. Continued use after their entry into force constitutes acceptance.

14. Applicable law, jurisdiction and complaints

These terms are governed by the applicable Spanish and European legislation. For the resolution of any disputes that may arise from their interpretation or application, the parties submit to the Courts and Tribunals of Granada, unless procedural or consumer legislation establishes another mandatory jurisdiction. If the user is a consumer, they may bring proceedings before the courts of their own place of residence.

The user may send any complaint to [email protected], which will be dealt with as quickly as possible. They may also turn to the consumer bodies of their autonomous community or to the consumer arbitration system for out-of-court resolution of the dispute.