Legal Notice

In compliance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is owned by INSTASENT MOBILE ADVERTISING, S.L. (hereinafter, INSTASENT), with registered office at Calle José Abascal, 44, 1st floor, 28003 Madrid and VAT number B87413829. It is registered in the Mercantile Registry of Madrid, Volume 34063, Folio 57, Sheet M-612811.

You can contact us by phone at +34 91 48 98 623 or by sending an email to [email protected].

PURPOSE

Through the website https://www.instasent.com (hereinafter, the "Website"), visitors and users are provided with information about the services offered by INSTASENT, its team, and all the actions and experiences in which INSTASENT is involved.

This website contains elements and sections developed directly by INSTASENT and other elements such as access to social networks (Facebook, Twitter, Linkedin, etc.), and it may also include access to third-party platforms (e.g., YouTube) or links to pages unrelated to INSTASENT, which, despite being related to the brand, will be managed and developed exclusively by those third parties.

The services offered on the website will be available globally and/or in specific locations specified in each case.

Access to the website is free, and browsing it does not require prior subscription or registration.

INSTASENT reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own discretion or at the request of a third party, to users who violate these General Terms of Use.

ACCESS AND USE CONDITIONS

By accessing and using the website, it will be understood that the user expressly accepts the content of each and every one of these General Terms of Use (hereinafter, "General Terms") in the version published at the time of access. Please read this Legal Notice carefully before accessing or using the Website if you do not agree with it, refrain from accessing or using the Website.

The use of certain content and/or services offered to users through the Website may be subject to specific terms and conditions (hereinafter, the "Specific Terms") which, in some cases, may replace, supplement, and/or modify these General Terms. Therefore, we recommend that users carefully read the corresponding Specific Terms prior to using such content and/or services.

The user is responsible for the proper use of the portal in accordance with the current law and these conditions, a responsibility that extends to the registration necessary to access certain services and content provided. This registration involves filling out the corresponding form, in which the user guarantees the authenticity and timeliness of all the data communicated and undertakes not to provide false, fraudulent, or illegal information or documentation. As a result of this, a password may be created, which the user must keep diligently and confidentially. The user will be solely responsible for any false or inaccurate statements made and for any damage caused to INSTASENT or third parties as a result of the information provided.

The user acknowledges and accepts that certain actions may be carried out by third parties (INSTASENT collaborators), so, if they participate in these actions, they must read and, if applicable, accept the conditions that apply to them, as determined by the specific party responsible. Access to the Website is done under the user's own and exclusive responsibility, and the user will be responsible in any case for the damages and losses that such access may cause.

INSTASENT reserves the right to modify the content of these General Terms at any time in order to adapt to operational, technical, or legislative changes.

The user agrees to use the Website, its content, and services offered in accordance with the law, these General Terms, good faith, good practices, and public order. Likewise, the user undertakes not to use the Website or the services provided through it for illegal or harmful purposes to the interests or rights of third parties, or that may in any way damage, disable, or deteriorate the Website or its services or prevent normal enjoyment of the same by other users.

The user also agrees to refrain from using the Website or the information obtained through it to send advertising, direct sales communications, or any other type of commercial messages, unsolicited messages directed at a plurality of persons regardless of their purpose, as well as marketing or disclosing such information in any way.

All information included on the Website is for informational purposes only. However, the user may voluntarily choose to fill out the registration form available on the Website in order to contract a specific product with INSTASENT or fill out the contact form also available on the Website to submit a specific inquiry, request additional information not published, or request to receive the INSTASENT Newsletter.

INSTASENT may also offer a free trial of its products by granting a specific credit amount, which will be specified in the user panel once the user has completed the web registration. Once the free granted credit is consumed, the user must recharge their account balance to continue using INSTASENT services.

Failure to provide the requested data or expressly accept the applicable hiring and/or data protection policy means that INSTASENT cannot provide the requested service or respond to the user's request.

Registration as a user through the website by minors is prohibited, and they must duly and previously obtain the consent of their parents, guardians, or legal representatives, who will be considered responsible for the acts carried out by the minors under their care. INSTASENT is not responsible for any damage or loss arising from a denial-of-service attack, virus, or any other technologically harmful program or material that may affect your computer, computer equipment, data, or materials as a result of using this website or downloading content from it or to which it redirects.

Any breach of the clauses contained in this website (Legal Notice, Terms of Use, Privacy Policy, Cookie Policy, as well as other contents that imply obligations for the user) and, in general, of current legislation, will be immediately reported by INSTASENT to the relevant authorities, and it undertakes to cooperate with them. In such a case, the user will be liable to INSTASENT or to third parties for any damages and losses that may arise as a result of the breach of these obligations.

INTELLECTUAL AND INDUSTRIAL PROPERTY.

All the contents of the Website, unless otherwise indicated, including, among others, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual content, as well as its graphic design and source codes, constitute a work whose ownership belongs to INSTASENT, without any of the exploitation rights over them being understood to be transferred to the user beyond what is strictly necessary for the correct use of the Website, regardless of whether they are subject to intellectual property rights or not. Likewise, all trade names, trademarks, or distinctive signs of any kind contained on the Website are protected by current regulations, and their reproduction, imitation, use, or inclusion without the proper authorization from INSTASENT is prohibited.

The user acknowledges that the unauthorized reproduction, distribution, marketing, or transformation of the elements indicated may constitute an infringement of INSTASENT's intellectual and/or industrial property rights or the rights of their respective owners. Therefore, the reproduction, transformation, public communication, distribution, making available to the public, and, in general, any other form of exploitation, by any means, of all or part of the contents of the Website, as well as its design and presentation of the contents, is prohibited without the corresponding authorization from the rights holder, unless it is legally permitted or in accordance with the nature of the content itself.

Access to the Website does not, under any circumstances, imply the acquisition by users of any ownership rights over the contents contained therein.

The user may not use the contents offered on the Website for purposes other than those stipulated in these General Terms and, where applicable, in the Special Terms that regulate the use of certain functionalities thereof.

The inclusion of links or any type of connection to the Website from third-party websites without the express written consent of INSTASENT is prohibited.

Any unauthorized use previously by INSTASENT is considered a serious breach of the author's intellectual or industrial property rights.

EXCLUSION OF WARRANTIES AND LIABILITY

A) Liability for the use of the Website

The user is solely responsible for any violations they may commit or any harm they may cause or suffer as a result of using the Website, and INSTASENT shall be exempt from any liability that may arise from the user's actions.

The user is solely responsible for any claims or legal, judicial, or extrajudicial actions initiated by third parties against INSTASENT based on the user's use of the Website. In this case, the user shall assume any expenses, costs, and compensation incurred by INSTASENT due to such claims or legal actions.

B) Liability for the operation of the Website

INSTASENT makes every effort to ensure that browsing through the Website is carried out under the best conditions. However, it shall be exempt from any liability that may arise from interference, omissions, interruptions, computer viruses, telephone failures, or disconnections in the operation of the electronic system, caused by external factors beyond INSTASENT's control.

Likewise, INSTASENT also excludes any liability that may arise from delays or blockages in the operational functioning of this electronic system caused by deficiencies or overload in telephone lines or the Internet, as well as damage caused by third parties through illegitimate intrusions beyond INSTASENT's control.

C) Liability for links

This Website and/or the various actions developed on it may include links to other websites or pages, with the responsibility for the content hosted on them belonging to the respective owners.

Furthermore, the existence of hyperlinks on third-party websites that allow access to this Website shall not, under any circumstances, imply the existence of commercial or business relationships with the owner of the website where the hyperlink is established, nor the acceptance by INSTASENT of its content or services.

INSTASENT declines all responsibility for information found outside the Website. INSTASENT is exempt from all responsibility for the content that may appear on third-party pages and does not guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity, and constitutionality of any material or information contained in any of those links or hyperlinks. Likewise, the inclusion of these external connections to third-party websites does not imply any type of association, merger, or participation with the connected entities.

D) Liability for advertising

Part of the Website may contain advertising or sponsored content. In this case, advertisers and sponsors shall be solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws applicable in each case. INSTASENT shall not be liable for any errors, inaccuracies, or irregularities that may be contained in third-party advertising content or from sponsors.

In any case, to file any claim related to the advertising content inserted on this Website, you can contact INSTASENT through any of the means provided at the beginning of this document.

E) Liability for forums and blogs

INSTASENT may offer users the possibility of submitting comments for inclusion in the corresponding sections, either in a forum or in a blog linked to the Website. The publication of comments and other content is subject to this Legal Notice. If you do not agree with this, please do not use these services.

On the other hand, blogs that are not linked to INSTASENT and the social networks that users may access will be governed by the privacy policy implemented by those blogs or social networks, and INSTASENT shall not be responsible for the content that may be hosted on them.

The person identified in each case as the one who has made the comments or included content shall be solely responsible for them, as well as for ensuring that their inclusion on the Website complies with the applicable laws. The user who supplies content grants INSTASENT the rights for its reproduction, use, distribution, public communication, and any other type of activity with respect to such content, both in electronic, digital, paper, and any other format. In particular, the user grants these rights for placing the content on the INSTASENT Website so that other users can access it.

The user who supplies content declares to be the owner of the rights to the texts and content, guaranteeing that they have the necessary rights and authorizations from the author or owner of the text and/or content for its use and exploitation by INSTASENT through its Website. In the event that the user is unsure whether they have the rights to make the assignment to INSTASENT, they should not publish any information or material.

INSTASENT shall not be responsible (except to the extent required by law) for any damages or harm that may arise from the use, reproduction, distribution, or public communication of texts and/or content that are protected by intellectual property rights belonging to third parties, without the user having obtained prior authorization from the owners to carry out the use they are or intend to make. In such case, the user agrees to be solely responsible for any claims made by a third party claiming to have rights over the texts and/or content.

Furthermore, INSTASENT reserves the right to unilaterally remove comments and/or content hosted in the forum or in any other section of the Website, when INSTASENT deems it appropriate.

INSTASENT shall not be responsible for information provided by the user when it does not have actual knowledge that the stored information is unlawful or that it infringes on the rights of third parties that may be subject to compensation. As soon as INSTASENT has actual knowledge that it hosts data like those mentioned above, it commits to acting diligently to remove them or make them inaccessible.

In any case, to file any claims related to the Content inserted, you can contact INSTASENT through any of the means provided at the beginning of this document.

PERSONAL DATA PROTECTION

INSTASENT commits to processing the user's personal data in accordance with the provisions of current legislation. Specifically, it undertakes to comply with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. For more information on the processing of your personal data on the Website, please refer to the Privacy Policy.

INTERPRETATION, APPLICABLE LAW, AND JURISDICTION

Any dispute arising from the interpretation or execution of this Legal Notice and General Conditions shall be interpreted under Spanish law.

These Conditions are drafted in Spanish. In the event of any discrepancies between the content of the Spanish version and any translated versions of these Conditions, the Spanish version shall prevail.

Any clause or provision of this Legal Notice and General Conditions that is or becomes illegal, invalid, or unenforceable shall be excluded from it and shall be deemed inapplicable to the extent of such illegality, invalidity, or unenforceability, and shall be replaced by another provision that is as similar as possible to the previous one but shall not affect or harm the remaining provisions, which shall remain unaffected by any illegal, invalid, or unenforceable clause or provision and shall remain in full force and effect.

Furthermore, INSTASENT and the user, waiving any other jurisdiction, submit to the courts and tribunals of the user's domicile for any dispute that may arise.