General terms and conditions

Please read through these conditions of use!

1 - General information and definitions

AppFutura is an intermediation platform for clients and developers, and intercedes therefore to implement effectively the resolution of developments. Developments are tendered as competitions on AppFutura (hereafter “projects”) and rights of use to the submitted proposals are mediated.

The client enters a project on AppFutura at www.AppFutura.com (hereafter “AppFutura” or “us/we”); the developer enters own proposals as offers to the client. The client receives the rights of use by paying the project price agreed in advance to the developer.

Registered users are described as “members” (hereafter “members” or “you”); if you enter a project, you are described as a “client”, if you enter a development proposal, you are described as a “developer”.

2 - Platform operator / scope

2.1 - The Terms and Conditions of Use apply to the utilisation of AppFutura, regardless of the accessed domain or sub-domain.
2.2 - The contracting partner of all members is AppFutura, S.L. Spanish company owner of the website.Address: Carrer Sant Francesc, nº 4, Cerdanyola. Spain Tax Identification number B-66182221. (hereafter “AppFutura” / “we”), which creates and operates AppFutura.
2.3 - The Terms and Conditions of Use also apply if the website or parts of it are accessible from other websites, which entirely or partially enable access to AppFutura.

3 - General provisions

3.1 - Scope
Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of AppFutura and declare your consent. With the activation of your access to AppFutura via the login section, a corresponding contractual relationship is created between you and AppFutura.
Supplemental agreements can apply to specific functions and offers. If such a supplement exists, we explicitly refer you to this supplemental agreement, which you acknowledge as binding for you by usage.
3.2 - Membership
Upon registration, you will become a member of AppFutura if you are of full age and do not register as a consumer, but rather, as a merchant for your commercial or professional activity. According to tax laws, you’ll have to be able to provide proven certification of your company registration and/or VAT number certificates needed to comply with VAT regulations. No entitlement exists to membership; we can refuse membership, subject to specific reasons. If membership has been refused or terminated by us, re-registration is prohibited. The member’s data is to be provided truthfully and kept updated in case of any changes. The access data to the platform are to be kept confidential. The user name, which you provide, must not violate prevailing laws and morality.
Only one membership or user access is admissible per person/company/department, which is not transferable.
3.3 - Content created by members
For the creation of portal content (project entry, uploaded proposal, comments or other types of user contributions), in addition to these Terms and Conditions of Use, you must observe prevailing laws, in particular, no copyright/trademark or other infringements of intellectual property rights may be committed or personal rights injured.
The content of the entered projects, proposals and user communication are exclusively created by the members. We assume no liability for this.
3.4 - Rights of use of ideas, proposals and other content provided by the user
3.4.1 - With the uploading of any content, particularly proposals, you must ensure that you hold the necessary rights of use. As a developer, you must ensure that you are fully authorised and in a position of being able to transfer the respective, contractually agreed rights of use to the client.
3.4.2 - Pre-made and third party created templates are not allowed in AppFutura.
3.4.3 - You acknowledge that AppFutura does not check or endorse or assume any liability for content, which is provided by you on AppFutura.
3.5 - Transfer of rights of use between client and developers
3.5.1 - The contract concerning the transfer of rights of use of content provided by the developer and the effective contract relationship through payment of the previously established remuneration is exclusively to be solved between the client and the developer, who the client selects as the winner. We assume no liability for this.
3.5.2 - The proposal's rights of use are only transferred to the client, to the contractually agreed extent between the client and developer, on fully effective payment of the agreed project price to the developer. In particular, until selection of the winner has taken place, you, as client, shall not be entitled to use them and shall commit to the respective developers not to use the proposals.
3.5.3 - AppFutura recommends signing a private agreement between parts establishing the width of the rights of use of the winning proposal. If no agreement between client and developer has been signed, by paying the project's prize for a winning proposal, the client receives from the developer the definitive, unlimited in time, regionally unrestricted rights of use, both in content and form, established within the contract relationship, of the developer work in all physical, analogue and digital formats, and therefore free to use it. The rights of use comprehend, among others, the authorization to replicate, to distribute, to lease, to loan, to archive, to modify, to broadcast, to film or to allow any public media its use, specially in printed media, TV and media services, internet, film, radio, video, databanks, networks as telecommunication, mobile, data and broadband infrastructures, and any data storing devices, no matter if these devices are intended for transmitting, sending or storing.
The developer transmits to the client specially these rights:
Multimedia rights: The client is allowed to replicate and to distribute the work, both partially and fully, in any electronic storing media (interactive publications included). The rights of use comprehend specially cassettes, CD, CD-Rom, Mini-CD, floppy disks, video, DVD, hard drives, flash storing devices, E-Books and any data, image or audio storing device.
Online rights: The client is allowed to replicate, to distribute, to broadcast, to transmit or make public the work, both partially and fully, regardless of their storing method or format, in any online service. Within this permit is also included the possibility of collecting the work, both partially or fully, either digital or non-digital, store it in a databank and making it accessible to its users, either in digital or analogue formats (regarding data transmission), with or without partial storage and data recording. This access to the work shall be done in any place, at any time, with any mobile device or stationary point (i.E. PC, mobile telephones, E-Readers or similar devices), and should be possible to save this work and/or forward it for its usage, including any interactive use of the work, regardless of any technical definition. The rights of use comprehend specially television and media broadcasts, Internet-based service platforms, electronic press, protected mobile services, electronic press clipping services, and any databank and cross linking products.
Databank rights: The client is allowed to store, to replicate and make accessible to any third party the work, both partially and fully, including it with other media materials in any desired storing device, in order to achieve a successful storing and use. Third parties, including final user, shall have access to the work, regarding downloading, forwarding and printing possibilities. The rights of use include especially internal publishing houses’ archives, and any electronic or Internet-based data networks, accessible online archives to any third party (including final users).
Modifying rights: The client is allowed to modify and to edit the work, specially to adapt copywriting, technical or specific details.
3.6 - Granting a restricted right of use
3.6.1 - As developer, you grant us a restricted, basic right of use to the provided content when entering a proposal, in order to also provide these on AppFutura after the end of the project, as well as also using it for marketing campaigns within the context of AppFutura in other media (on-line and off-line) as references.
3.6.2 - As client, you hereby grant us a basic right of use to the proposals that you acquire from the developer, in order to also provide these on AppFutura after the end of the project, as well as also using it for marketing campaigns within the context of AppFutura in other media (on-line and off-line) as references.
3.7 - Project/Purchase
3.7.1 - The client is obligated to prepare the briefing with great care, as well as providing feedback on the proposals during the term of the project without delay, as well as answering questions from the developers in a maximum time frame of two days.
3.7.2 - The briefing must correspond to applicable law. If the briefing should violate prevailing laws, morality or third party rights, we reserve the right to immediately delete the project and reserve the right to claim compensation against the contract violating party, with the same applying to submitted proposals and false contact details.
3.7.3 - With submission of the design proposal, the developer declares that he has examined the development and underlying image, audio and other media with regard to copyrights, ownership rights, trademark rights and personal rights, etc. and excludes violations of third parties. If the developer should use third party materials, to which the client must acquire the rights, upon submitting the proposal, he must clearly inform the client about this circumstance and specify the source of the licensing, as well as the anticipate licence costs. Any omission from the developer about costs and origin of licence will mean that the developer will assume those costs from the end price of the project. With the submission of a proposal, the developer is also issuing the client a binding offer, to transfer/grant the rights of the proposal at the specified conditions. This offer is accepted by client if and by means of him selecting the proposal as the winner.
3.7.4 - The developer of the winning proposal, after election and under client's direct request, will be subject to little modifications of his proposal, in order to adjust them to the final result (one correcting period). By submitting a proposal, developer is accepting this and remarking that he/she is capable to communicate orally with the client, and therefore able to resolve the correcting period. If this correction period fails due to an insufficient language level from developer, client will have the right to reject any payment.
3.7.4.1 - The client has to send to the developer his/her corrections in written and electronically within a week after choosing a winner. By fulfilling this condition, the time frame might be extended one more week.
3.7.4.2 - The developer has to fulfil all corrections stated by the client within a week after receiving the written communication..
3.7.4.3 - Payment of project's price stills an obligation even though there are accidental lacks, which do not or do partially block final proposal's functionality.
Likewise, it exists an obligation of payment whenever there's a usage of the proposal.
3.7.4.4 - It will only be possible to reject project’s prize payment whenever proposal does not suit the adjustments or corrections stated by the client, or whenever the final archive does not respect the technical specifications mentioned in brief and/or correction round. In this case, developer is obliged within 7 days after receiving this communication to correct these flaws and to provide an improved submission to the client by uploading it at AppFutura.
If developer fails to accomplish this requirement with no pressing reasons that make impossible its resolution, the client will be entitled to fully reject any payment of the project’s price.
3.8 - Economic conditions. Fees
Non-payment
3.8.1 - Fee amounts will be stated in the near future. According to the “Fee system directive”, AppFutura will be able to change, reduce or increase the fees.
3.8.2 - Fees for creating a project as other functions subject to payment, but those regarding Service Charges, are to be paid at the beginning of the project, plus any applicable VAT.
3.8.3 - AppFutura has the right to send to clients and developers the corresponding invoices via E-mail.
3.8.4 - Payment of fees will be made through an electronic payment system. Client commits him/herself to provide AppFutura with his/her actual details during project's extension. If payment is refused, or any mistake happens that lead to an invalid payment, client will be enforced to transfer to AppFutura's bank account within 14 days the debted amount plus any other service charges, if any. Without discharge of any other right, AppFutura will be entitled to cancel access to any client by not successful payments, if AppFutura warns with cancellation in written with 14 days advance. AppFutura is also entitled to cancel an account earlier than the 14 days period due to urgent reasons.
3.8.5 - Fees are stated as a net price, and VAT and taxes shall be added, if any.
The project price defined by the client is a net price. This does not include any possible transaction turnover taxes, stated in the respective applicable amount.
3.8.6 - Client authorizes AppFutura by creating a project to withdraw correspondent fees through electronic payment system. If client chooses the Prepaid variant, he authorizes AppFutura to withdraw the total amount of the project and/or any applicable transaction taxes with this electronic payment system, if client refuses to accomplish his duty of choosing a winner.
3.9 - Rejecting / amending / deleting users, projects, content and comments
3.9.1 - In case of violations of third party rights or other legal regulations, we reserve the right to block or delete members, project, proposals, comments and other content without prior notice, as well as arranging other measures, in order to prevent misuse of AppFutura.
3.9.2 - AppFutura will be entitled to cancel an account if any important reason is provided, and therefore to erase his/her details and data, and to forbid any future usage of the platform to that user. An important reason would be any infringement of conditions stated in section 4. This also applies if a client provides false details. If an account is cancelled, there will be no restoration right for his/her profile. A cancellation shall be also applied if fees are not properly paid.
3.9.3 - There will be no entitlement to refund any fee if client's account has to be cancelled without warning period. These fees will be kept by AppFutura as a compensating service charge.
3.9.4 - If a client/user has the right to cancel his/her account immediately, fees shall be refunded if given important reasons are exclusive responsibility of AppFutura.
3.9.5 - In order to restore the platform in case of technical problems, we reserve the right to change over to an older content status. The members have no entitlement to have all of their entered content available to an unlimited extent.
3.10 - Availability and enhancement of the AppFutura platform
3.10.1 - We make AppFutura available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content.
3.10.2 - No warranty is assumed for the availability of AppFutura. Liability for the consequences and losses incurred due to reduced availability is excluded.

4 - Liability

4.1 - Liability by the member
You shall be obligated to exempt and hold us harmless from any types of legal actions, damages, losses or claims that could arise through your registration and/or participation in projects. You are particularly obligated to exempt us from any liability and claims, which arise from losses incurred due to defamation, libel, infringement of personal rights, due to stoppage of services for other members, an infringement of these rights of use, violation of intangible goods or other rights.
You are obligated not to abuse AppFutura, particularly:
Maintaining a respectful communication style when communicating with other members, even with differing opinions;
Not disseminating defamatory, objectionable or otherwise illegal materials or such information through AppFutura
Not threatening or harassing other persons or infringing the rights (including personal rights) of third parties;
not using any data or content to AppFutura,
a) which could damage or impair the computer of another user, which contain a virus (infected software) or would enable you or another person to illegally access software or bypass the security on websites or servers, or
b) for which you do not hold the necessary rights of use;
- not using the service in a manner that negatively influences the availability of the services for other members;
- not contacting other AppFutura members to self-promotion purposes, including here and above all not contacting clients to suggest alternative offers to existing projects;
- providing links to other websites, which violate this code of conduct.
The non-observance of one of the previously mentioned duties can result in immediate cancellation of the usage agreement, as well as civil law and criminal law consequences for you personally. We particularly reserve the right to exclude you from AppFutura with immediate effect if, in the opinion of the operator, immoral, obscene, or political right/left radical content or images were intended to be disseminated upon registration or use of the service.
4.2 - Our liability
The liability for the offered rights of use lies exclusively with the user.
We assume no liability for the trustworthiness of the user data provided; the liability for all consequences of violations against third party right or other legal regulations from participating in the project by submitting proposals lies exclusively and fully with the participating members.
If the user data is used abusively by, for example, being passed on in an unauthorised manner or not sufficiently protected, the respective member shall be held liable for the loss incurred.
Furthermore, our liability against users for damages is limited as follows:
Our liability for losses arising from the contract or prohibited acts is limited to premeditated misconduct and gross negligence.
To the extent that our liability is excluded or limited, this will also apply to the personal liability of our employees and authorised representatives.
Our liability is limited to the anticipated damages or loss typically anticipated within the contest of this contract. This limitation shall not apply to compensation claims on the basis of premeditated misconduct or fraud on our part, to liability cases in relation to explicitly guarantee quality characteristics, to claims within the context of product liability law or to losses arising from death or personal injury.
We shall not be held liable for data loss or damage to data, to the extent that a loss would not have occurred in the case of proper data backup, unless we have failed to properly inform the members about data backup measures.
4.3.- Right of Exclusion.
4.3.1. Users removal.
Appfutura welcomes all mobile app developers. However, AppFutura reserves the right to remove from its directory, at any time and without prior notice, those user profiles that:
· Impersonate the identity of other companies or developers.
· Use web crawlers or unrighteous methods showing unusual and irregular patterns in the visits received in a clear attempt to gain notoriety. If this is concerning a specific part of a profile, AppFutura may delete the aforementioned. If the odd activities persist, the developer profile will be removed and banned.
· Duplicate app developer profiles.
· Share mobile applications which content promotes malware or any kind of xenophobia, racism or discrimination of any human collective.
· Share mobile applications which content promotes human or animal abuse.
· Share mobile applications which content is defamatory, harmful or objectionable.
· Share mobile applications that infringe third party rights, especially rights of intellectual property.
· Share harmful links to the user.
· Have a spam purpose.
Finally, AppFutura will remove from its directory anyone who does not have a clear mobile app developer profile.
4.3.2. Projects removal.
AppFutura welcomes any kind of mobile app development projects. However, AppFutura reserves the right to not validate and delete from their database, at any time and without prior notice, the following kind of projects:
· Those consisting on spyware applications, malware applicactions or any kind of software that attemps againts individual freedom of people.
· Those consisting on applications that foster discrimination in terms of race, etnicity, nationality, social class, religion or believes, sex, sexual orientation, gender identity, age or health state.
· Those consisting on applications which content promotes human or animal abuse.
· Those consisting on applications which content is defamatory, harmful or objectionable.
· Those sharing harmful links to the user.
· Those with a spam purpose
AppFutura reserves the right to ban profiles or remove projects without prior notice from those Users/Developers that do not fulfill the requirements in these Terms and Conditions.
Moreover, Appfutura reserves the right to remove all those contents that do not fulfill the requirements in the Terms and Conditions of AppFutura or that seem inadequate to be published on the website as well as those contents that do not seem appropriate for a site with the characteristics and purpose of AppFutura.

5 - Data protection

In order to provide the agency service, we must enter, process and use data. The data entered on AppFutura is saved in accordance with the data protection provisions that are valid in Spain and not disclosed to third parties, unless it is necessary for the provision of the agency service or a legal obligation exists for disclosure. You declare your agreement to the saving and processing of your data in accordance with the legal data protection principles.

Members are notified by e-mail regarding certain project events and invoice information.

Read more about data protection in our Privacy policy section.

6 - Non Disclosure Agreement

All developers accept the following Non-Disclosure Agreementupon making a development proposal for a project:

This non-disclosure agreement (“Agreement”), dated as of the submission time in the electronic form below is made between the user of the AppFutura site who is the provider of the professional services (“Developer”) and the user of such developer services (“Client ”).
The parties contemplate that each party will be disclosing confidential information to the other. This Agreement sets forth the terms and conditions which will govern the parties’ disclosure of confidential information to each other.
For mutual consideration, the receipt and sufficiency of which is here by acknowledged, the Developer and the Client agree as follows:
1 - Definitions.
1.1 - “Affiliate” means a Person that direc tly or indirectly through one or more intermediaries, Controls, or is controlled by, or is in common Control with, the person specified.
1.2 - “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management an d policies of a Person, whether through the ownership of voting securities, by contract, through members of the board of directors or otherwise.
1.3 - “Receiving Party” means the party receiving the Confidential Information.
1.4 - “Disclosing Party” means the party disclosing its Confidential Information.
1.5 - “Confidential Information” means information disclosed to the Receiving Party by the Disclosing Party or its Agents either orally or in writing that includes, but is not limited to, financial statements, contracts, customers list, corporate documents, business plans, business concepts, financial projections, e-commerce proposals and passwords, and more generally any information related to the business of the Disclosing Party, that the Disclosing Party, including all of its affiliates, subsidiaries and officers, directors, and agents and employees, provides to the Receiving Party. Confidential Information does not include information which: (a) is or becomes generally known or available by publication or otherwise; (b) is disclosed by the Disclosing Party to third parties without restrictions on disclosure; (c) is developed independently by the Receiving Party without reference to the Disclosing Party’s materials or information; (d) is rightfully received by the Receiving Party from a third party without a duty of confidentiality; or (e) was already known by the Receiving Party prior to receipt from the Disclosing Party.
1.6 - “Agents” means a party’s agents, employees and persons retained and engaged by it.
2 - Use and Protection of the Confidential Information.
2.1 - Both parties agree that the Confidential Information will be used solely for the purpose of evaluating and provides the professional services by the Developer (hereafter, the “Services”) and that such information will be kept confidential by both parties and their Agentprovided, however, that any of such information may be disclosed by either party to Agents who need to know such information for the purpose set forth herein (it being understood that such Agents shall be informed by the parties of the confidential nature of such information, and shall be directed by the parties to treat such information confidentially). Each party agrees to be liable to the other party for any breach of this Agreement by its Agents.
2.2 - Both parties shall use reasonable means to safeguard and keep confidential the Confidential Information and to not, without prior written consent of either party, disclose the Confidential Information in any manner, in whole or in part, or use the Confidential Information except for the purpose set forth herein. In the event that the Receiving Party of the Confidential Information or its Agents become legally compelled to disclose any of the Disclosing Party’s Confidential Information, the Receiving Party will use its best efforts to promptly notify the Disclosing Party and to provide reasonable cooperation to the Disclosing Party in connection with the Disclosing Party’s efforts to lawfully avoid or limit disclosure and preserve the confidentiality of the Confidential Information in such circumstances.
3 - Ownership; No Warranty.
3.1 - All Confidential Information is and shall remain the property of the Disclosing Party. Nothing herein shall be construed as granting or conferring any rights by license or otherwise in the Confidential Information except as expressly provided herein. Neither party makes any warranty, express or implied, as to any Confidential Information that it may provide hereunder.
4 - Time Limitations.
4.1 - This Agreement will apply only to disclosures made within 12 months. However, the obligations hereunder with respect to any disclosure made within that period will continue indefinitely thereafter in accordance with the provisions of this Agreement.
5 - Return and Destruction.
5.1 - The Receiving Party agrees, upon termination of the Services or any time upon the Disclosing Party’s request, to immediately return to the Disclosing Party or destroy, as such party may direct, all tangible materials within its possession, custody or control containing or reflecting any portion of the Confidential Information and shall make no further use of theConfidential Information.
6 - No Obligation.
6.1 - Each party acknowledges and agrees that the other party reserves the right, in its full and absolute discretion to reject any or all proposals and to terminate Services and negotiations with respect to the subject matter of the Services at any time.
7 - Remedies.
7.1 - Both parties acknowledge and agree that a violation of the terms of this Agreement would cause irreparable harm to the other party, and that the other party’s remedy at law for any such violation would be inadequate. In recognition of the foregoing, both parties agree that, in addition to any other relief afforded by law, including damages sustained by a breach of this Agreement and without any necessity of proof of actual damage, the other party shall have the right to enforce this Agreement by specific remedies, which shall include, among other things, temporary and permanent injunctions.
8 - Miscellaneous.
8.1 - This Agreement is the entire agreement between the parties with respect to its subject matter and supersedes all earlier oral or written agreements. This Agreement shall be governed by and construed in accordance with the law of Spain and shall not be amended except by a written agreement between the parties. Failure of a party to enforce its rights on one occasion will not result in a waiver of those rights on any other occasion. This Agreement will be binding upon the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives

7 - Cancellation and deletion

The contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of one week. During the term of the cancellation notice period, we are entitled to block members and remove entered projects or submitted proposals within the cancellation period.

We are entitled to fully or partially transfer all rights and duties arising from the utilisation relationship to third parties, after an information period of four weeks. If a member should object to this, he shall only have the option of terminating his membership by deleting the access.

8 - Use of Google Analytics

This website uses Google Analytics, a web analytic service provided by Google Inc. (“Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information with evaluating purposes of your use of the website, compiling reports on website activity for website operators and providing other services relating relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.

Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

9 -Right of Revocation

If you're not using the service for your commercial or freelancer professional activity, you're entitled to this right of revocation.

Power of revocation

Right of revocation:

You're entitled to revoke your contractual statement without further reason within 7 days in written format ( i.E. by letter, fax or E-mail).

Consequences of the revocation:

Special considerations:
Your revocation right will be prematurely expired if the contract has been fulfilled from both parties at your specific request, before you have used your revoking right.

10 - Final provision

10.1 - Applicable law and legal jurisdiction
The legal jurisdiction for all legal disputes arising from or in connection with the utilisation relationship between you and AppFutura is Barcelona.
The Spanish law exclusively applies to the contractual relationship between you and us.
10.2 - Written form, declarations
Changes or amendments to the contract concluded between you and us are only valid if they have been agreed in writing. This also applies to a change to this written form clause. All declarations issued by us can be sent to you electronically.
10.3 - Change to the Terms and Conditions of Use
We reserve the right to change these Terms and Conditions of Use at any time and without specifying reasons. Such changes will be notified to you by e-mail. You will be provided with the opportunity of saving or printing out the changes in a readable form. These changes shall be regarded as approved, if you do not object in writing or by e-mail. We shall specifically point this consequence out to you upon notification. You must send the objection to us within four days after notification of the changes.
10.4 - Severability clause
If a provision of these Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions. The invalid provision shall be regarded as replaced by one which comes closest to the commercial purpose of the invalid provision in a legally valid manner. The same shall apply to possible regulatory holes.
10.5 - Saving of the contract text
Within the context of concluding the contract, we do not save the contract text with the General Terms and Conditions. You are therefore advised to save the contract text that is valid at the time of concluding the contract and accessible on our website on your hard disk, or to archive it in another manner.
Terms and Conditions version 1 valid from 01.06.2012

11 - Blog articles policy

11.1 All articles published on AppFutura's blog are previously reviewed and edited by the Content team of AppFutura to make them suitable to the audience. Articles must:
be genuine, not published on any other websites or blogs.
have at least 1,000 words.
be about mobile app development related topics.
have images owned by the developer or writer with no text. Videos and links are also allowed. All links will be under no-follow rule.
The AppFutura team reserves the right to refuse to publish an article if it does not comply with the policies mentioned above.

Personal Data Protection Policy

1 - Information rights and express consent

The data protection policy governs access and use of the website www.AppFutura.com (hereinafter, the “Website”) that the company AppFutura, S.L. (hereinafter, “AppFutura”) makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").

AppFutura informs its Users that files containing personal data of users and customers have been created by AppFutura and are dully filed with the Data Protection Registry.

AppFutura does not sell or rent its users’ personal data to third parties with commercial purposes without the users’ prior consent. However, AppFutura is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of its policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents.

2 - Purpose

The Users personal data are collected with the following purposes:

To manage the online marketplace AppFutura.com.
To send e-communications with promotional and informative purposes regarding the software sector or any others that could be interesting, as the ones indicated on clause 7 below.

3 - Mandatory or optional nature of the information provided by the User and reliability of the information

The User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary.

The User guarantees that the personal information provided is true and agrees to inform AppFutura of any changes to the same.

The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards AppFutura or third parties, by virtue of using the services offered by AppFutura.

4 - User Consent

By filling of the form and sending his or her personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by AppFutura.

Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by AppFutura for the indicated purposes.

5 - Connecting through Google and Facebook

The User registered through its Google or Facebook is transferring his/her Google or Facebook data to his/her AppFutura user profile.

By doing so, the User will link its Google or Facebook profile, when applicable, with its AppFutura profile, and the User who was not previously registered will be registered in AppFutura, accepting the Website’s legal terms, in order to carry out such linking.

6 - Electronic communications

By completing and submitting an electronic form to AppFutura, Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:

IT and Technology
IT, software and technology
Internet
Digital TV / Satellite / Cable
Fixed telephony
Mobile telephony

AppFutura has established mechanisms by which users can reject said services, simply and at zero cost.

To do so the user must enter the access menu and de-activate the relevant sending options in the electronic communications section. Users can also deactivate this service by clicking on the unsubscribe option at the bottom of the e-mails received.

7 - Security

AppFutura informs its Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.

8 - Cookies and IPs

The User agrees with the use by AppFutura of cookies and IP tracking. Our software and the site's traffic analyzer use cookies and IP trackers that collect data for statistical purposes, including: date of first visit, number of visits, date of last visit, URL and domain, operating system, browser and screen resolution. The User is also free to de-activate and/or eliminate cookies by following the instructions given by their Internet browser.

9 - Right to Access, Correct and Cancel Personal Data

The User is entitled to access this information, correct it if there are mistakes and cancel their AppFutura account.

Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password.

If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can contact us directly at hello@appfutura.com indicating the reference matter.

Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.

10 - CONTROLLER

Appfutura is the controller and responsible for your personal data (collectively referred to as, “we”, “us” or “our” in this Privacy Policy).

We have appointed a data protection lead (DPL) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us at hello@appfutura.com and state that your query is for the attention of the DPL.

11 - CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

We encourage you to periodically review this page for the latest information on our privacy practices.

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.

12 - THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.

13 - THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name and last name.
Contact Data means the data we use to contact you including your company details, address, email address, social media id and telephone number.
Technical Data means details about the device(s) you use to access our website including your internet protocol (IP) address, browser type and version, location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username (email address) and password, your login data, feedback and survey responses.
Usage Data includes information about how you use our website. This includes your browsing patterns and information such as how long you might spend on one of our webpages and what you look at and for on our website, the click stream to and from our website, page response times and page interaction information such as scrolling, clicks and mouseovers.
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share aggregated and/or anonymised data (“Aggregated Data”) such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. This is used within Cerillion to improve the design and layout of our sites. We gather information on the relative popularity of each page, the average number of pages accessed by visitors, the number of emails sent or files downloaded, and the average time spent on the Website. None of this information is linked back to you as an individual. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

14 - HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise;
Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further details.

15 - THIRD PARTY SOURCES OF DATA/DATA SHARING

We also collect from and share data with the following providers:

Business Partners & Agents: We will not sell, rent, lease or transfer personal information to third parties other than business partners or agents. We will not disclose such information to business partners without first letting you know and offering you an opportunity to opt-out or otherwise prohibit disclosure to that business partner. We will also provide you the opportunity to let us know if you wish to opt out of all disclosures to business partners. We will only transfer personal information to our agent in order that such agent processes personal data pursuant to our instructions and only after assuring that the agent has privacy policies in effect for such data which are at least as stringent as those contained in this privacy policy.
Professional Advisers and Investors: We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations or to our pension administrators. This is in our legitimate interests.
Law Enforcement/Legal Compliance: We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations.

16 - HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to provide you with details about our products and services.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation. You have the right to withdraw consent to marketing at any time by visiting our Preferences Page.

17 - MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and services may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We generally only send electronic marketing - such as email marketing - to people who have previously expressed an interest in products and services from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you enquire about our products and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting Out below).

18 - OPTING OUT

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service enquiries or related correspondence, and we will continue to process such data in accordance with this Privacy Policy and only ever as permitted by law.

19 - CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at hello@appfutura.com

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

20 - DISCLOSURES OF YOUR PERSONAL DATA

We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.

21 - DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.

22 - DATA RETENTION: HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

23 - YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under GDPR in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it for example where you consider that we do not need it any longer for the purposes for which we originally collected it as explained to you in this Privacy Policy, where you have withdrawn your consent to our using it and we had relied on that consent according to this Policy, where you consider that we cannot show a 'legitimate interest' in continuing to process it and we have relied on that legitimate interest to process it as explained to you in this Policy . You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you wish to exercise any of these rights, please Contact Us at hello@appfutura.com, marking your query for the attention of the DPL.

24 - NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

25 - WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

26 - TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

27 - Modification of the Data Protection Policy

AppFutura reserves its right to modify this policy to adapt it to future legislative or case law developments.

28 - Applicable Law

Unless a specific local regulation sets forth the contrary, the Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by Spanish law.

29 - Cookies Policy

What are cookies?

A cookie is a file which is downloaded on your computer when you access certain web pages.

Among other things, cookies allow a web page to store and retrieve information about user or device-specific browsing habits. Depending on the information which they contain, and the way the equipment is used, they can also be used to recognize the user.

Which types of cookies do we use?

This web site use cookies and other similar mechanisms (from here on, cookies). Specifically, the cookies we use: Facebook, AppFutura, statcounter and Google Analytics

Cookies are files which are sent to a browser via a web server to register a User of APPFUTURA' activities on either a specific web page or all pages, apps and/or services (from here on, the Services). The main aim of cookies is to give the User faster access to the selected Services. Furthermore, services and adverts can be personalized using cookies, meaning each User can be offered potentially interesting information, selected based on the way they user the Services.

This website uses cookies to improve and personalize its Users' browsing experience. Cookies are assigned to an anonymous User and their computer, and do not contain any reference which pertains to the User's personal details. The User can configure their browser to notify of and reject cookie installation instigated by APPFUTURA, without stopping the User from accessing site content. We should, however, note that the usability of the web page might decrease in this case.

Registered Users who log in or start a session can benefit from more personalized services designed for their profile, thanks to the combination of data stored in cookies with personal information used while registering. With this goal in mind, these Users authorize the use of this information, without altering their right to reject or disable use of cookies.

Additionally, APPFUTURA can keep informed of the Services solicited by Users, meaning they can put at their disposal suitable information for the tastes and preferences of each User.

Classification, aims and implementation of cookies on APPFUTURA:

Cookies can be divided into session-only and permanent, according to how long they last. The former expire when the User closes their browser. The latter expire when they've completed their designated purpose (for example, keeping the User identified in the website's Services) or can be manually deleted.

REGISTRATION COOKIES: Registration cookies are generated once the User has registered or previously opened their session, and are used to identify them in the Services section with the following objectives in mind:

Keeping track of the user. If a Service is closed and then reopened using the same browser or computer, the user will remain identified, making for easier site navigation. This mode can be switched off by clicking “close session”, which eliminates the cookie and means the User must open the session again to be identified the next time they use the Service in question.

Additionally, some Services might be connected to social networks like Facebook. When the User registers in a Service with social networking features, the network is authorized to save a persistent cookie which remembers their identity and guarantees access to the Services until it expires. The User can delete this cookie and revoke access to the Services by updating their preference in the social network in question.

ANALYTIC COOKIES: Each time a User visits a Service, a tool created by an external provider (specifically, Google Analytics) generates an analytical cookie in the User's computer. This cookie, which is only created by visits, is used to anonymously track the User's subsequent visits to this web page. The main reasons for this include:

Allowing anonymous tracking of browsing Users via the cookie (Only browsers and devices are identified, not people). This means approximate numbers of visits and visit times can be recorded.
Identifying (again, anonymously) the most often-visited, and therefore most relevant content for Users
Knowing if the User who is browsing is new or a repeat visit.

Important: Unless the User decides to register for one of APPFUTURA Services, the cookie will never be associated with any personal information which could identify them. These cookies will only be used with purposefully-created statistics which help optimize the User's experience on the site.

Google analytics:http://www.google.com/analytics/learn/privacy.html

How do I disable cookies in the most common browsers?

Normally, it's possible to set browsers to reject cookies, or to stop accepting the cookies of one Service in particular.

All modern browsers allow you to update cookie preferences. These setting are normally found in “Options” or “Settings” in your browser menu. Here, you can also configure your browser or email provider, as well as install free tools to help you avoid downloading Web Bugs when you open an email.

We offer guidance on how to access the cookie preferences menu, and, where necessary, on browsing privacy in each of the main browsers:

Internet Explorer: Tools>-> Internet Options -> Privacy -> Settings. For more information, please consult Microsoft's customer help services, or the Help section of your browser.
Firefox: Tools -> Options -> Privacy -> History -> Personalized Setup. For more information, please consult Mozilla's customer help services, or the Help section of your browser.
Chrome: Configuration -> Show advanced options -> Privacy -> Content settings. For more information, please consult Google's customer help services, or the Help section of your browser.
Safari: Preferences -> Security. For more information, please consult Apple's customer help services, or the Help section of your browser.

What happens if cookies are disabled?

Some functions of the Services will be disabled, such as, for example, the ability to remain identified and receives location-specific information.

CHANGES AND UPDATES IN PRIVACY/COOKIES POLICIES:

APPFUTURA may modify this Cookie Policy in function of legal requirements, regulations or with the aim of adapting this policy to instructions specified by the Spanish Agency for Data Protection. Because of this, Users are advised to revisit periodically.

When a significant change in this Cookie Policy occurs, it will be communicated to users via the web or in emails to registered Users. November2013.

General contract terms and conditions

The present contract governs the legal relationship between the Developer and Appfutura, S.L (hereinafter, AppFutura) in regards to any services that may be subscribed to by said Developer. Said services are governed by the present General Terms and Conditions, User Rules, Privacy Policy and specific conditions that AppFutura has published on its website and with which the Developer declares it is familiar. These conditions replace any others agreed to previously by the parties.

1 - Definitions and Purpose.

1.1 - Under the present contract, AppFutura shall provide the Developer the services specified on the web service form (hereinafter, theService), as well as any additional services that the Developer decides to incorporate into the Service.
1.2 - Definitions:
Regular: This is the service that AppFutura offers free of charge to Developers for publishing their offerings. AppFutura reserves the right to modify the conditions of this service at any time or to discontinue the service at any time.
Client: Person who have requested information about the Developer through AppFutura.

2 - Privacy Policy.

With regard to the Service, the Parties expressly declare their commitment to:

2.1 - Comply with the data protection policy and the e-commerce law and other applicable laws and regulations.
2.2 - Process the data of the Users/Clients only in accordance with the explicit and legal purposes stated as such in this agreement and the legal terms published on the AppFutura website.
2.3 - Not transfer the personal data of the Users/Clients to physical persons or legal entities other than those which may have been expressly authorized by this contract or in the electronic forms located on the website.
2.4 - Protect the personal data to which they have access, guaranteeing their confidentiality and preventing unauthorized third parties from gaining access to said data.
2.5 - Be held liable for the illegal use of the data. For the purposes of the present clause, illegal use is understood as the use of the data in a manner that is against the applicable laws, privacy policy and/or in a manner that is different or for a purpose other than the stated purpose of this contract.
2.6 - The Developer must keep its passwords for accessing the Service confidential.

3 - Obligations and Declarations.

3.1 - The Developer declares that the hiring of the Service of AppFutura, as well as the inclusion of the Developer's content and logos, are not linked to any illegal activity nor do they compromise the image and/or rights of AppFutura or third parties. All of the information that the Developer provides AppFutura must be legal and truthful, and must not risk infringement of the rights of third parties. In this regard, the Developer guarantees the truthfulness of all the information provided to AppFutura. In addition, the Developer shall be responsible for maintaining all of the information provided to AppFutura up to date and adapted at all times to the current situation of the Developer. In any case, the Developer shall be the sole party responsible for any false or inaccurate statements that it makes and for the damage that this may cause AppFutura or the users.
3.2 - AppFutura undertakes to provide the Developer the Services that it subscribes on the page for selecting the services, according to the terms set out in the present General Conditions and Special Conditions published on the website.
3.3 - AppFutura reserves the right to temporarily suspend provision of the Service due to the possible need of carrying out maintenance, repair, update and improvement of said Service. AppFutura also reserves the right to modify the present Terms and Conditions, as well as the systems, content and services related to them, providing advanced notice to the Developer of at least fifteen (15) calendar days through the Developer's private menu on AppFutura and/or by sending an e-mail to the address provided by the Developer. The Developer's continued use of the Service provided by AppFutura after notification of modifications by AppFutura shall be understood as the Developer's acceptance of such modifications.
3.4 - In addition, the Service shall be contingent on the state of the Internet telecommunications network. Therefore, AppFutura shall not be responsible for interruptions, delays, errors, malfunctioning of the Service and other inconveniences that are due to causes beyond the control of AppFutura, and/or due to an act of negligence, whether attributable to the Developer or not, and/or acts caused by force majeure. Without prejudice of that established in Article 1105 of the Spanish Civil Code, and for the purposes of the present contract, the concept of force majeure shall be understood as including any events that occur beyond the control of AppFutura, and especially failures of third parties, operators or service companies, acts of the Government, lack of access to third party networks, acts or omissions of the Public Authorities, and any other acts that occur as a consequence of natural phenomena, power outages, etc. The possible responsibility of AppFutura with regard to the Developer for all of the items shall be limited, as a maximum, to the total amounts received directly by AppFutura from the Developer during the period of non-fulfillment of the Services contracted.
3.5 - Except for that specifically stated in these conditions and in the special conditions, AppFutura does not assume responsibility for the economic performance and sales results of the Service.
3.6 - Failure of the Developer to comply with any obligation, especially the loading of inaccurate information and failure to make payment, shall give AppFutura the authority, where applicable, to immediately suspend any of the Services contracted by the Developer for as long as said non-compliance persists.

4 - Price and Payment Terms.

4.1 - In consideration of the service, the Developer shall pay AppFutura the amounts indicated on the Pricing page, in accordance with the conditions set out on the acceptance of service sheet and these Conditions.
4.2 - With regard to the Silver, Gold and Platinum sponsorships, the Service involves the payment of a monthly Fee which shall be paid by means of a single payment.
4.3 - The Developer undertakes to satisfy, in a timely manner, all of the payments due in accordance with that established in this contract and the Pricing page. The eveloper shall pay AppFutura the amounts due for each and every one of the items corresponding to the Service provided, according to the rates provided to the Developer, established on the Service Acceptance Form or in effect at any given time.
4.4 - In the case where the Developer fails to make the payments established, once a period of seven business days as of the payment due date has lapsed, AppFutura may suspend the service and consider the present contract to be terminated ipso jure, the amount due for the services effectively provided being immediately payable. The Developer shall also pay all of the annual or monthly fees that have not been paid up to the end of the service contracted.

5 - Prohibition of assignment of the contract and change of circumstances.

5.1 - The Developer cannot resell, assign or transfer the present contract, or the rights derived from said contract, in any way whatsoever. Any resale, assignment or transfer of the present contract by the Developer, or any resale, assignment or transfer of the Developer's rights shall be null with regard to AppFutura and shall be automatic and immediate cause for termination of the contract.
5.2 - The parties must keep each other informed of any changes in circumstances that could affect the present contract.

6 - Entry into force, duration and start of the service.

6.1 - The present contract shall enter into force as soon as the Developer expresses its agreement and acceptance of the present Terms and Conditions. The Developer shall be considered as expressing said agreement and acceptance once the Developer has finished the process of contracting the Service online.
6.2 - Duration. The present contract is indefinite. In addition to the rights and obligations set forth for each one of the Parties, either one of these may terminate the contract by means of express written communication (7) days before the end of the monthly period.

7 - Termination of the contract Permanent interruption of the contract.

The present contract shall be terminated for general reasons for terminating contracts and, in particular, for the reasons set forth in clause six and in the event that the other party should fail to fulfill any of its obligations defined in this contract, and should fail to remedy such breach of contract within a period of seven (7) calendar days as of the deadline for fulfilling said obligation, or upon becoming aware of said situation. In the event that the breach of contract is by the Developer, at that time AppFutura may suspend the Service, without it involving exemption of payment by the Developer during the period of suspension.

The communications between the Parties with regard to the termination of the Service shall be made via fax, registered fax service or email with confirmation of receipt assigned by the Parties for communicating with each other.

8 - Applicable law and jurisdiction.

Should any of these clauses be declared null, invalid or unenforceable, it shall not affect the validity or enforceability of the remaining clauses, which shall continue to be binding on the parties. The waiver by any of the parties to demand, at any time, the fulfillment of any of the general terms and conditions stipulated in the present contract shall not imply a general waiver nor confer any rights to the other party. This contract shall be governed by Spanish law, which shall be applicable with regard to the validity, interpretation, performance and fulfillment of this contract. Any dispute arising from the interpretation of this contract shall be submitted to the courts and tribunals of the city of Barcelona. Accordingly, both parties expressly waive any other jurisdiction to which they may be entitled.

Specific Conditions, AppFutura Escrow Service

These specific conditions rule the relation between the Client (Depositor), Developer and AppFutura concerning the escrow service that AppFutura provides to their Users.

These specific conditions are applicable, to the aforementioned service, and the General Terms and Conditions, Privacy Policy that AppFutura has published in the web site also acknowledged by the Users.

AppFutura will provide escrow service under the following conditions:

FIRST.-The Depositor's intellectual property will be safeguarded by a digital NDA within the AppFutura Escrow system. The property of the code provided will also be protected by such NDA and it will belong entirely to the Depositor. AppFutura may provide technical assistance prior to the start of the development process if needed.

SECOND.-The Developer has the right to request payment deposits on the Escrow system while working on the milestones associated with them. The Developer has the right to request a release once every milestone is completed, delivered and approved.

THIRD.-The Depositor will deliver payments to AppFutura, as agreed with the Developer. The amount of the payment will be deposited and held by APPFTURA until such payment is released by the Depositor. The Depositor will make a first deposit of at least 10% of the total price of the project. After this, the Depositor will be able to make deposits according to the progress of the project.

FOURTH.-The Deposit will be released if the Depositor informs to AppFutura that the Developer has carried out the stages of the project correctly. Once each deposit is released, AppFutura will lose all power over it and will no longer be held responsible for it.

FIFTH.-AppFutura will deliver to Developer, in the balance available on their AppFutura Account, the amounts released least the AppFutura commission on projects. 15% for Regular and Silver users, 12% for Gold users and 10% for Platinum users.

SIXTH.-The Developer may use the balance on their AppFutura account to purchase new sponsorships on AppFutura or request the balance to be transferred to the PayPal or bank account of their choice.

SEVENTH.-If the Developer holds their balance for a period of three months with no activity and their active sponsorship is expired, the funds will be used for renewal of their sponsorship under the same conditions of their previous sponsorship. If the balance is not enough to cover the cost of said sponsorship for, at least, 1 full month, the resulting upgrade period will be adjusted to the available balance.

EIGHT.-The Depositor may request redemption of the money deposited.

NINTH.-In the event of discrepancy between the Developer and the Depositor, AppFutura offers a resolution procedure in which Depositor and Developer can expose their arguments. AppFutura may take actions as long as there are payments deposited on the Escrow system. If there are no payments deposited, AppFutura has no leverage to act accordingly.

TENTH.-If the discrepancy is not resolved, the Depositor may choose to cancel the project and give a negative rating to the Developer. Depositor may get a refund of the still deposited amounts on AppFutura or reuse those with a new candidate. All previously released payments are out of AppFutura's control and it is up to the Depositor and Developer to resolve its refund.

ELEVENTH.-In the event of the Depositor hiring a new Developer, AppFutura cannot ensure hiring conditions to be the same. New conditions will have to be negotiated by the Depositor with new candidates.

TWELFTH.-The source code of projects in the AppFutura Escrow system will be property of the Depositor. Depositor has the right to request the latest updated source code at any point of the development process and the Developer must provide it. In any case, the Developers will provide the final source code when the project is completed or canceled by the Depositor. If the Developer refuses to provide the source code at any stage, AppFutura may take actions to publicly suspend and blacklist their AppFutura account.

THIRTEENTH.-If an ongoing project is fully inactive for one year, it will be automatically closed by the AppFutura team. A project will be considered fully inactive when there has not been new deposits, releases, messaging activity or logging activity from the Depositor for one year.

FOURTEENTH.-If the inactive project stipulated in point THIRTEENTH happens to hold an active deposit, the AppFutura team will initiate a protocol to get in touch with the Depositor to decide what to do with said deposit. AppFutura will send a minimum of three different messages to the registered email of the Depositor. If the Depositor fails to reply to the AppFutura team for a period of three months, the deposit will automatically be released to the Developer and the project will be permanently closed.

Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting Us at hello@appfutura.com

Complying with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Cloud storage providers - we use cloud computing platforms that securely store all of our data, including customer details.

Email service providers - in order to send you marketing content and transactional emails, we share your details with our email service providers.

Analytics tools - we use analytics tools to track the way that users interact with our website. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to our Cookie Policy for further details.

Marketing and insights providers - marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process.

Feedback forms - we engage a third party to send out feedback surveys on our behalf.

Last updated: 1st August, 2019