LSSI CLAUSES: LEGAL NOTICE

February 20, 2025

LEGAL NOTICE.

The website www.dalify.app (hereinafter, the "Website") is owned by NIBBLEWAVE ELECTRONICS SL (hereinafter ENOLUZ), with NIF B85560449, with registered office at Calle IGUALDAD 2, PORTAL 2, 3 A, 28830 San Fernando de Henares, MADRID, and registration in the Commercial Registry of __, Volume __, Folio __, page no. __, Entry _.

ENOLUZ welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the "General Conditions of Use"), which describe the terms and conditions that will apply to your browsing of the same, in accordance with the provisions of the applicable Spanish regulations. Since ENOLUZ may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of any changes made.

In order to ensure that use of the Website complies with criteria of transparency, clarity, and simplicity, ENOLUZ informs the User that any suggestions, doubts, or queries regarding the General Terms of Use will be received and resolved by contacting ENOLUZ via email at info@dalify.app

1. PURPOSE

ENOLUZ provides the content and services available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the "Data Protection Policy"). Access to this Website or its use in any way grants you the status of "User" and implies unreserved acceptance of each and every one of these General Conditions of Use, with ENOLUZ reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website. Therefore, if they do not agree with any of the terms set forth herein, they must refrain from using this Website.

Furthermore, you are advised that, on occasion, specific conditions may be established for the use of specific content and/or services on the Website. The use of said content or services will imply acceptance of the specific conditions specified therein.

2. SERVICES

Through its website, ENOLUZ offers a wide range of engineering-related courses, including the following sections: "Kits," "Training," "Syllabi," and "Suitcases," all related to the training offered. It also includes a "Store" section, where you can purchase courses through the online store; "Downloads"; "News" allows you to consult news and information about courses and other activities and events organized by the entity; "Videos" allows you to view a wide range of videos about the courses; and "Contact" provides access to a form to contact the center, as well as find answers to frequently asked questions.

3. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights, and all trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights, over the content and/or any other elements inserted in the page, are the exclusive property of ENOLUZ and/or third parties, who have the exclusive right to use them in economic transactions. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding ENOLUZ harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any waiver, transfer, license, or assignment of such rights in whole or in part, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by ENOLUZ or the third party owner of the affected rights.

The content, text, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this site, as well as the site itself as a multimedia artistic work, are protected as copyright by intellectual property laws. ENOLUZ is the owner of the elements comprising the graphic design of the Website, the menus, navigation buttons, HTML code, text, images, textures, graphics, and any other content on the Website, or in any case, has the corresponding authorization to use said elements. The content provided on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.

Furthermore, it is prohibited to delete, circumvent, and/or manipulate the copyright, as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in all cases ENOLUZ the right to exercise any legal means or actions that may be appropriate in defense of its legitimate intellectual and industrial property rights.

4. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User agrees to:

Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs; and (iv) public order.

Provide themselves with all the necessary technical means and requirements to access the Website.

Provide truthful information when completing the forms on the Website with their personal data and keep them updated at all times so that they reflect the User's actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to ENOLUZ or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User shall also refrain from:

1. Make unauthorized or fraudulent use of the Website and/or its contents for purposes or effects that are illegal, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate, or impede the normal use of the services or the documents, files, and all types of content stored on any computer equipment.
2. Access or attempt to access restricted resources or areas of the Website without meeting the conditions required for such access.
3. Cause damage to the physical or logical systems of the Website, its suppliers, or third parties.
4. Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of ENOLUZ, its suppliers, or Third parties.
5. Attempt to access, use, and/or manipulate the data of ENOLUZ, third-party providers, and other Users.
6. Reproduce or copy, distribute, allow public access through any form of public communication, transform, or modify the content, unless authorized by the owner of the corresponding rights or legally permitted.
7. Delete, hide, or manipulate the intellectual or industrial property rights notices and other identifying data of the rights of ENOLUZ or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
8. Obtain or attempt to obtain the content using means or procedures other than those, as the case may be, made available for this purpose or expressly indicated on the web pages where the content is located. or, in general, those commonly used on the Internet because they do not entail a risk of damage or disabling the website and/or its contents.
9. In particular, and by way of example only and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any type of material that:
   1. In any way is contrary to, disparages, or violates the fundamental rights and public freedoms recognized by the Constitution, International Treaties, and other current legislation.
   2. Induces, incites, or promotes criminal, derogatory, defamatory, violent acts, or, in general, acts contrary to the law, morality, generally accepted good customs, or public order.
   3. Induces, incites, or promotes actions, attitudes, or thoughts. discriminatory based on sex, race, religion, beliefs, age or condition.
   4. Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, generally accepted good customs, or public order.
   5. Induces or may induce an unacceptable state of anxiety or fear.
   6. Induces or incites involvement in practices that are dangerous, risky, or harmful to health and mental balance.
   7. Is protected by intellectual or industrial property legislation belonging to ENOLUZ or third parties without authorization for the intended use.
   8. Is contrary to the honor, personal and family privacy, or the self-image of individuals.
   9. Constitutes any type of advertising.
   10. Includes any type of Viruses or programs that prevent the Website from functioning properly.

If you are provided with a password to access any of the Website's services and/or content, you agree to use it diligently and keep it secret at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, and undertake not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or content by third parties. You also agree to notify ENOLUZ of any event that may involve improper use of your password, such as, but not limited to, theft, loss, or unauthorized access, so that we can immediately cancel it. Consequently, unless you provide the above notification, ENOLUZ shall be exempt from any liability that may arise from the improper use of your password. You shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you shall be liable for all damages that may arise for ENOLUZ from such failure.

5. RESPONSIBILITIES

ENOLUZ does not guarantee continued access, nor the correct display, download or use of the elements and information contained in the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

ENOLUZ is not responsible for any decisions that may be made as a result of accessing the content or information offered.

ENOLUZ may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein is contrary to these General Conditions of Use. ENOLUZ is not responsible for any damages, losses, losses, claims, or expenses arising from the use of the Website. You will be solely responsible for removing, as soon as possible, any content that may cause such damage, provided you are notified. Specifically, it will not be liable for any damages that may arise from, among others, the following:

1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the control of ENOLUZ.
2. Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other means.
3. Improper or inappropriate abuse of the Website.
4. Security or navigation errors caused by a malfunction of the browser or by the use of outdated versions thereof. The administrators of ENOLUZ reserve the right to remove, in whole or in part, any content or information present on the Website.

ENOLUZ excludes any liability for damages of any kind that may arise from the misuse of the services freely available and used by Website Users. Likewise, ENOLUZ is exonerated from any liability for the content and information that may be received as a result of the data collection forms, which are used solely for the provision of consultation and query services. Furthermore, in the event of causing damages due to illicit or incorrect use of these services, the User may be held liable by ENOLUZ for any damages caused.

You will defend, indemnify, and hold ENOLUZ harmless from any damages arising from claims, actions, or demands from third parties as a result of your access to or use of the Website. You also agree to indemnify ENOLUZ against any damages arising from your use of "robots," "spiders," "crawlers," or similar tools used to collect or extract data, or from any other action you take that imposes an unreasonable burden on the operation of the Website.

6. HYPERLINKS

The User agrees not to reproduce in any way, not even through a hyperlink, the ENOLUZ Website, as well as any of its content, except with the express written authorization of ENOLUZ.

The ENOLUZ Website includes links to other websites managed by third parties, in order to facilitate the User's access to information from collaborating and/or sponsoring companies. Accordingly, ENOLUZ is not responsible for the content of such websites, nor does it assume the position of guarantor or/and provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the Website's home page exclusively for private, non-commercial use. Websites that include a link to our Website (I) may not imply that ENOLUZ recommends that website or its services or products; (II) may not falsify their relationship with ENOLUZ or claim that ENOLUZ has authorized such a link, nor include trademarks, names, trade names, logos or other distinctive signs of ENOLUZ; (III) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal. (IV) may not link to any page of the Website other than the home page; (V) must link to the Website's own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website. ENOLUZ may request, at any time, that you remove any link to the Website, after which you must do so immediately. ENOLUZ cannot control the information, content, products, or services provided by other websites that have established links to the Website.

Consequently, ENOLUZ does not assume any responsibility for any aspect relating to such websites.

7. DATA PROTECTION

To use some of the Services, Users must first provide certain personal data. To this end, ENOLUZ will automatically process the Personal Data in compliance with the General Data Protection Regulation 2016/679 (EU) of April 27. To this end, the User can access the policy followed for the processing of personal data, as well as the establishment of the previously established purposes, as provided in the conditions defined in the Data Protection Policy presented by the Website.

8. DURATION AND TERMINATION

The provision of the service of this Website and other services is, in principle, of an indefinite duration. However, ENOLUZ may terminate or suspend any of the portal's services. Whenever possible, ENOLUZ will announce the termination or suspension of the provision of a specific service.

9. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are for informational purposes only. Therefore, by offering them, ENOLUZ does not provide any guarantee or representation regarding the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

10. FORCE MAJEURE

ENOLUZ will not be liable under any circumstances for the inability to provide service if this is due to prolonged interruptions in the power supply, telecommunications lines, social unrest, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

11. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of Córdoba.

In the event that any provision of these General Conditions of Use is found to be unenforceable or void by applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, ENOLUZ will modify or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and purpose reflected in the original provision.

12. DISCLAIMER

This device is not a substitute for any medical equipment. If you have any doubts about your health, or experience any abnormal symptoms, you should consult your physician.

Please note that the phone application allows, with your consent, the sharing of data with other users you choose for as long as you permit; therefore, the user is responsible for sharing such information with third parties.

The user is responsible for knowing how to operate and use the application. If you are not familiar with its proper use, other users may gain access to the wellbeing, health, or fitness information you share.

ENOLUZ is not responsible for any misuse of the application by the user. Therefore, if the wellbeing, health, or fitness data that the watch may read or display are important to you and you wish to keep them private, we recommend that you do not use our tool to avoid the risk of unauthorized access by third parties.