Terms & conditions

1. Introduction

These Terms and Conditions apply to the sPictle app (“Application”), a mobile device application developed by Ignacio Gil Alvarez (“Service Provider”) as an Ad Supported service. By downloading or using the Application, you agree to these Terms and Conditions. It is strongly advised that you read and understand these terms before using the Application.

2. Intellectual Property

Unauthorized use, copying, or modification of the Application, any part of it, or our trademarks is strictly prohibited. Attempts to reverse engineer, extract the source code, translate, or create derivative versions of the Application are not allowed. All intellectual property rights in and to the Application are the property of the Service Provider and are protected by law.

3. Changes to the Application

The Service Provider reserves the right to modify the Application or charge for its services at any time and for any reason, after providing notice to you. Any changes to charges or functionalities will be clearly communicated to you.

4. Data Handling

The Application stores and processes personal data that you have provided in order to enhance the service offered. It is your responsibility to secure your device and access to the Application. We advise against jailbreaking or rooting your device, as these actions can lead to security vulnerabilities and affect the Application’s functionality.

5. Third-Party Services

The Application utilizes services provided by third parties, which have their own Terms and Conditions:

You are responsible for reviewing and complying with these terms.

6. User Conduct and Termination

We reserve the right to terminate or suspend your access to the Application for reasons including, but not limited to, violation of these terms, spamming, harassment, or abuse towards other users. Upon termination, you must cease all use of the Application immediately.

7. User Content

Users may upload content, such as images or text, to the Application. When uploading content, you will be presented with options to control who can view each piece of content. By choosing to share content publicly, you grant a non-exclusive, royalty-free license to us to use this content in connection with the Application, for promotional purposes related to the Application, and on the Application’s associated website, spictle.com, as well as to incorporate it into features such as city or monument information panels within the Application.

Once the content is used in these features, the license becomes irrevocable for that specific use, meaning that even if you later decide to stop sharing the content publicly, it may continue to be used in the parts of the Application where it has been incorporated prior to such change. The visibility of your content elsewhere is governed by the settings you choose at the time of sharing.

If you choose to delete the content from your account or revoke the sharing permission, we will cease using the content for new purposes as soon as reasonably possible. However, any usage of the content made prior to the revocation of permission may not be removed from features where it has been incorporated, reflecting the ongoing nature of the content’s integration into the Application.

8. Advertising and Monetization

The Application is supported by advertising, and future updates may introduce paid features, which will be clearly outlined and subject to additional terms.

9. Limitation of Liability

The Application displays third-party content, including information about travel destinations. We do not guarantee the accuracy of this content and are not liable for errors or inaccuracies.

10. Data Storage and Sync

Data is stored locally on your device and synced to cloud servers when there is an internet connection. We are not responsible for data loss or discrepancies due to syncing issues or delays in data uploads before device changes.

11. Network and Device Responsibilities

  • Internet Connectivity: The Application requires an active internet connection to access all features. The Service Provider is not liable for any lack of functionality or inability to access services due to your device’s connection issues, whether it be the absence of Wi-Fi or exhaustion of your data allowance.
  • Mobile Network and Charges: If you use the Application outside of a Wi-Fi network, your mobile network provider’s terms will still apply. You may incur charges from your provider for data usage or other third-party charges. By using the Application, you accept responsibility for any such charges, including roaming data charges when using the application outside your home region without disabling data roaming. If you are not the bill payer for the device being used, it is assumed that you have obtained permission from the bill payer for using the Application under these conditions.

12. Device Maintenance

It is your responsibility to ensure that your device is charged and capable of running the Application. We are not responsible for issues that arise from your device’s inability to maintain adequate power or perform necessary updates.

13. Accuracy of Information

While we strive to ensure the information provided through the Application is accurate, we rely on third parties for this data and thus cannot guarantee its accuracy. We accept no liability for losses incurred as a result of reliance on the Application’s content.

14. Updates to the Application

The Service Provider may from time to time develop updates for the Application to improve, enhance, or modify the service. These updates are subject to the operating system compatibility and other technical requirements. You agree to accept and install all available updates to continue using the Application. The Service Provider does not guarantee that updates will always be issued or will be compatible with your device configuration.

15. Termination of Service

The Service Provider may discontinue the Application or any part of it without prior notice for any reason, including but not limited to business or operational reasons. Upon termination, you must cease all use of the Application and uninstall it from your device. Any termination will result in the discontinuation of your access to the services provided by the Application, and the rights and licenses granted to you will end.

If the Application is discontinued all user data will be deleted in accordance with our data retention policy.

16. Uninstallation

You may stop using the Application at any time. If you choose to uninstall the Application, you may do so using the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network. Uninstalling the Application does not automatically delete your user account or the personal data associated with it from our servers.

Data Deletion upon Uninstallation: If you wish to delete your user account and associated personal data upon uninstalling the Application, you must specifically request this deletion through the Application settings.

17. Dispute Resolution

For any concerns or complaints, please contact us first at [email protected]. If your concerns are not resolved, you may contact your local data protection authority.

18. Changes to These Terms

We may update these Terms and Conditions periodically. We will notify you of any significant changes through the Application, push notifications, or email.

19. Consent

Upon registration, you will consent to our data practices as detailed in our Privacy Policy. You can manage or withdraw your consent at any time through the Application settings.

20. Legal Basis for Data Processing

We process your data based on consent, contractual necessity, legal obligations, and legitimate business interests.

21. Jurisdiction

These Terms are governed by the laws of the United Kingdom. Disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

22. Contact Us

For questions or concerns about these Terms and Conditions, contact us at [email protected].

These terms are effective as of 2024-04-28.