TERMS AND CONDITIONS OF USE OF THE APPLICATION
TERMS AND CONDITIONS OF USE OF THE MANUSA GROUP APPLICATIONS
1. OWNERSHIP OF THE APPLICATIONS
These terms regulate the use of the applications (hereinafter, “the Applications”) that are attached by the persons who access their use.
These Applications are owned by MANUSA GEST, S.L. (hereinafter, the “Company”), with registered office at Avinguda Via Augusta, 85-87 6th floor, 08174 Sant Cugat del Vallés (Barcelona) and Tax ID No. B62456389.
2. PURPOSE AND ACCEPTANCE OF THE TERMS OF USE
Accessing, browsing, and using the Applications provided by the “Company” makes you a user (hereinafter, the “User”) and implies full and unreserved acceptance of these Terms and Conditions of Use. If the User does not agree, in whole or in part, with these terms, and does not accept these conditions, they must refrain from using the Applications.
The User is obliged to read and fully accept these general conditions of use, which may be modified without prior notice, in such a way that the User must read and accept them each time they access the corresponding Application.
Please note that these applications are subject to possible changes that may be made unilaterally and without prior notice for the purpose of continuous improvement of their navigation or usefulness.
3. REQUIREMENTS FOR USE OF THE APPLICATION
To use the Applications, the User must:
· Be of legal age, in accordance with the applicable legislation in the territory.
· Provide accurate and complete information during registration and/or incident reporting.
· Have access to a mobile device compatible with the Application (smartphone, tablet, etc.) and an internet connection.
4. TERMS OF USE OF THE APPLICATIONS
4.1. Access and Registration
Access to certain features of the Applications may require prior registration by the User through the creation of an account. The User guarantees that all information provided during the registration process is accurate, current, and complete. Similarly, the User agrees to keep their account information up to date and is responsible for maintaining the confidentiality of their login credentials.
4.2. Authorized Use
The User agrees to use the Applications in accordance with current legislation, these Terms and Conditions, and the principles of good faith, refraining from using them for illegal or fraudulent purposes or in a manner that is harmful to the rights or interests of the Company or third parties.
However, the Company reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these Terms and Conditions of Use.
4.3. Price for use
Each Application may establish the appropriate criteria regarding the costs to be paid for their use. In any case, MANUSA reserves the right to offer the use of licenses free of charge or for a fee, depending on active installation, maintenance, or repair contracts.
In any case, this will be regulated by individual contracts.
5. FUNCTIONALITIES
The functionalities of the Applications, as well as their use and purpose, will be set out in the Annexes, which will identify the technical characteristics of each one and the attributes offered by the Company.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights over the Applications, their content, design, databases, software, and graphic elements are the exclusive property of the Company or its licensors. Their reproduction, distribution, or any other use other than that provided for in these Terms and Conditions of Use is prohibited without the express consent and authorization of the Company.
The imitation, whether total or partial, of these Applications is strictly prohibited.
7. PERSONAL DATA PROTECTION
7.1. Data Controller
The Company is responsible for processing the personal data provided by the User, in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD).
The Company may collect and process the User's personal data (such as name, email address, geographical location, incident details, etc.). The processing of personal data, without prejudice to the foregoing, shall be governed by our Privacy Policy, which the User should review.
7.2. Purpose of Processing
The User's personal data will be processed for the following purposes:
To manage access to and use of the Application.
To manage and resolve reported incidents.
To comply with applicable legal obligations.
7.3. Legal Basis
Data processing is based on the execution of the contract (use of the Applications), the User's consent (where applicable), and the Company's legitimate interest in ensuring the security and proper functioning of the services it offers.
The User consents to any communication or notification regarding the use of the Applications being made electronically, via the email address provided or through notices in the Application itself.
7.4. User Rights
Users may exercise their rights of access, rectification, erasure, objection, restriction of processing, and portability of their data by sending a written request to protecciondatos@manusa.com, attaching a copy of their identity document.
7.5. Data Retention
Personal data will be retained for as long as necessary to fulfill the purposes of the processing and comply with applicable legal obligations.
8. DISCLAIMER OF WARRANTIES AND LIABILITY
The Company does not guarantee the continuous availability of the Applications or the absence of errors, interruptions, or failures in their operation, although it will use reasonable means to ensure their proper functioning.
The Company is not liable for any damages arising from the misuse of the Application by the User or from the breach of these Terms and Conditions. In this regard, access and use by the User is carried out under their own and exclusive responsibility, in such a way that they will be liable, in any case, for any damages that may be caused to third parties or to the Applications themselves.
Likewise, the Company is not responsible for any security errors that may occur or for any damage that may be caused to the User's computer system (hardware and software), or to the files or documents stored therein, as a result of, among other things:
Presence of viruses in the User's technological support used to connect to the Application's services and content.
Use of outdated versions of the Application.
Nor shall it be liable, and therefore it is exempt from any liability arising from the operation of the Applications or any of its services that originates from an accidental circumstance, force majeure, necessary maintenance work, or any other cause not attributable to it.
The Company shall also not be liable for any indirect or incidental damages arising from the use or inability to use the Applications.
9. MODIFICATIONS TO THE TERMS OF USE
The Company reserves the right to modify these Terms and Conditions of Use at any time and without prior notice. The new conditions will be available in the Applications and will be understood to have been accepted by the User if they continue to use them.
10. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by Spanish law. Any dispute that may arise from the access, use, or interpretation of these Terms and Conditions of Use of the Application shall be submitted, with express waiver of any other jurisdiction, to the Courts and Tribunals of Barcelona.
APPENDIX 1
Application: “DOORWIFI” and the “MANUSA DASHBOARD”
1. PURPOSE
The purpose of the Application is to facilitate the (i) management, (ii) monitoring, and (iii) communication of incidents related to automatic doors or access control machines, provided that they have been manufactured, installed, or maintained by the MANUSA GROUP.
The “DOORWIFI” Application and the “MANUSA DASHBOARD” have the same objective for the user, and differ only in the means by which they are accessed. Thus, “DOORWIFI” allows access through a mobile APP and the MANUSA DASHBOARD through a web portal.
2. FUNCTIONALITIES: MANAGEMENT - MONITORING AND COMMUNICATION OF INCIDENTS IN AUTOMATIC DOORS
2.1. Management and monitoring
Users can use the application to check the status and operation of automatic doors or access control machines, allowing them to manage their operating mode at all times and providing them with broader coverage and user experience.
2.2. Incidents
(a) Notification
With incident notification enabled, the User may immediately report any anomaly, failure, malfunction, unusual behavior, or incident detected in the automatic doors. When reporting an incident, the User must provide clear and accurate information about the incident. Likewise, they undertake to supplement and expand on the information when required to do so.
(b) Communication Channels and Procedure
Any incidents that occur must be reported through the channels enabled in the Application. The User shall include all relevant information for identifying the incident (location, description, date and time, images if applicable).
2.3. Limitation of Liability for Non-Compliance
The Company shall not be liable for any damages that may arise from the incorrect or improper use of the Application, nor for those caused by the provision of incomplete or inaccurate information by the User.
Access to and use of these Applications by the User is carried out under their own and exclusive responsibility, and therefore the User shall be liable in all cases for any damages that may be caused to third parties and to the Company itself.
Any type of action on the Application by the User that causes excessive overload on the computer systems, as well as the introduction of viruses, or installation of robots, or software that alters the normal functioning of the Application and/or computer systems necessary for its proper functioning, or that may ultimately cause damage to the Company's computer systems, is strictly prohibited.
APPENDIX 2
Application: ESAT (Electronic Tool for Technical Assistance Service)
1. OBJECTIVE
ESAT is an application where the technical team, who are users of the same, will be able to configure the technical mechanisms of MANUSA automatic doors using the parameters necessary to install, repair, or maintain them.
In order to use this Application, you will need prior authorization from MANUSA or from an approved MANUSA technical service company (hereinafter “authorized entities”). The User will receive an invitation email, where, by accepting these terms and conditions of use, they can complete the registration process and become part of the Application's “experience” and its functionalities.
2. FUNCTIONS
The User agrees to the review and verification of the actions carried out through the application, which will be recorded so that they can be verified in the future by the authorized entities.
MANUSA will grant a certain number of user licenses to authorized entities so that they can freely manage access to third parties subcontracted by them. In any case, MANUSA reserves the right to determine the costs of such licenses, which must be accepted by the Parties. These licenses will collect the data necessary for their proper management, including the contact email address.
APPENDIX 3
Application - ESAT DASHBOARD (Web service for Technical Assistance Service management)
1. OBJECTIVE
The Dashboard User will be the same as the authorized entity in ESAT and will allow them to view all the DEVICES they have authorized, maintained, or installed with the ESAT Application, allowing them to control all the installations, maintenance, and repairs of the doors they must manage. They will also be able to view the devices of the different licensees.
To this end, both Users and the different licensees give their consent for the proper management of data and interaction thereof by Users authorized by MANUSA.