Acceptance of the Terms of Use
Welcome to ecaptureDtech! These Terms of Use (hereinafter, the “Terms”) govern your use of our services, software, websites and mobile applications (collectively, the “Platform”) provided by ecaptureDtech Research and Development S.L., an image analysis and processing company, which enables the generation of 3D models with any camera (hereinafter, “We”, “Us” or eCaptureDtech). By accessing or using our Platform, you (“User” or “You”) fully accept these Terms. If you do not agree to these Terms, please do not use our PlatformBy accessing or using our Platform, you (“User” or “You”) fully accept these Terms. If you do not agree to these Terms, please do not use our Platform.
These Terms of Use also govern the access, download and use of any other information, text, graphics, photos, images, videos, 3D models, music, sounds, computer applications or accounts on any social platforms that are created, designed, promoted or disseminated by eCapture Research and Development S.L. and which can be accessed from and at
In compliance with the provisions of article 10 of Spanish Law 34/2002, of July 11, on services of the information society and electronic commerce, eCapture Research and Development SL. informs its users of the following registration information regarding the owner of the Website and/or its Contents:
Company name: eCapture Research and Development S.L.
Tax Identification Number: ESB06619944
Company Details: Registered in the Companies Registry of Badajoz, in Volume 539, Folio 171, Sheet BA-23900.
Registered office: Torre Siglo XXI. Paseo Fluvial N15, P11. 06011 Badajoz, Spain
Phone number: +34 924 10 32 27
General Terms of Use of the Websites and the Contents
Access to and use of the ecaptureDtech Websites as well as access to and use of the Contents shall be subject to these Terms of Use. Any person using or accessing any page or web platform owned by ecaptureDtech or its Contents shall be considered a user, and the user states their tacit acceptance of all the General Conditions in force at the time of use or access. ecaptureDtech reserves the right to modify these General Terms at any time. We suggest that you review these General Conditions frequently to be aware of their scope and any modifications that have been introduced. If, after a notice of such modifications, alterations or updates is published on the site, you access the Websites and/or the Contents owned by ecaptureDtech, you are agreeing to comply with the new Terms. The user is aware that access to and use of the Website and/or the Contents is made under their sole and exclusive responsibility.
Some services of the ecaptureDtech Websites and/or some Contents may be subject to special conditions, regulations and instructions that, where appropriate, replace, complete and/or modify these terms and conditions (hereinafter, "Special Terms"), and that must be accepted by the user before the corresponding service may be provided. The provision of the service at the request of the user implies the acceptance of any Special Terms which may apply. The term "Website" includes, but is not limited to, all the contents, data, graphics, texts, logos, brands, software, images, videos, 3D models, animations, musical creations, videos, sounds, drawings, photographs, expressions and information and any other content included therein, and, in general, all the creations expressed by any means or support, tangible or intangible regardless of whether or not they are subject to intellectual property protection according to the Spanish Intellectual Property Law (Real Decreto Legislativo 1/1996, de 12 de abril).The user will use the services and materials available on the Website as well as the Contents exclusively for private purposes. All other forms of use are expressly excluded and prohibited, specifically, any use of the Website made by the User that, directly or indirectly, results in a profit or in financial benefits for the user or for third parties.
Should there be contradictions between the Special and General Terms, the provisions of the Special Terms will always prevail, although only with regard to the incompatible provisions and only with respect to those materials or services of the Website and/or the Contents subject to said Special Terms. If the user does not accept these General Terms or Special Terms, the user must refrain from accessing the Website and/or the Contents or, if they have accessed them, abandon them.
In general, the services and materials offered through the Website and/or the Contents will be available in Spanish, and ecaptureDtech may include translated versions of these services and materials into other languages.
Platform Use
3.1. Registration
To access certain parts of the Platform, you may need to register and provide personal information. You agree to provide accurate and thorough information during the registration process and to keep your details up-to-date. You are responsible for keeping your username and password confidential. The user will be responsible for the expenses and damages caused by the access and use of the Website and/or the Contents by any third party under the user's username(s) and password(s) due to non-diligent use or loss thereof by the user. If the user knows or has reason to suspect that their password has been lost, stolen or used by third parties, they must inform ecaptureDtech of this fact as soon as possible.
3.2. Access to the Platform
The access codes assigned will be personal and non-transferable, and assignment to third parties, even if temporary, is not allowed. In this sense, the user undertakes to make diligent use of and to keep the password (s) and username (s) assigned to him/her for Website and/or Content access secret.
We grant you a limited, non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms. You agree not to use the Platform for illegal or unauthorized purposes. You must not:
a. Attempt to circumvent the Platform's security measures.
b. Reverse engineer, decompile or disassemble the Platform software.
c. Perform actions that may damage, overburden or adversely affect the Platform or the ecaptureDtech servers.
3.3. User Content
You may submit content to the Platform, including comments, images and data related to road maintenance and road signs. You retain ownership of your content, but you grant us a non-exclusive, worldwide, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute and display such content in connection with the operation of the Platform and the promotion of our services.
Privacy
Privacy
Security
We strive to protect the security of the Platform and your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your login information and notifying us of any unauthorized use of your account.
Data Use
You understand and agree that use of the Platform involves the collection and processing of data related to road maintenance and road signs. We use this data in accordance with our Privacy Policy and to improve our services.
Intellectual Property
All intellectual property rights relating to the Platform and its content are owned by ecaptureDtech or by licensed third parties. You are not granted any rights to the intellectual property of ecaptureDtech except as expressly set forth in these Terms.
All material and information on the Website and/or the ecaptureDtech Contents are subject to current regulations on Intellectual and/or Industrial Property.
The rights to the material and other elements shown on the Website and/or in the Contents (including, but not limited to, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to ecaptureDtech or, where appropriate, to third parties who have consented to the assignment of the same to ecaptureDtech. Likewise, ecaptureDtech owns the logos, trade names, domains and trademarks.
The materials and information that the user may provide to the Website and/or the ecaptureDtech Contents (photography, audio, video, etc.) must respect the image and intellectual property rights (if any) thereof, and the user is solely liable for any claims that may be filed against ecaptureDtech as a result of the use and dissemination of said materials and information.
The access, navigation, use, location and/or download of materials and/or use of services of the Website and/or the Contents by the user, shall in no case be construed as a waiver, transmission, license or total or partial assignment of the rights of ecaptureDtech
It is not allowed to delete, circumvent or manipulate the copyright notice ("copyright") and any other data identifying the rights of ecaptureDtech or their respective owners incorporated into the contents and/or services, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein.
The use of any materials or elements of the Website and/or the Contents in order to include them, in whole or in part, in other websites outside the Website and/or the Contents is strictly prohibited without the prior written authorization of the owners of the Website.
All intellectual and industrial property rights are reserved; and, in particular, it is forbidden to modify, fix, copy, reuse, exploit in any way, reproduce, transform, dub, subtitle, assign, sell, rent, lend, stream or allow public access through any form of public communication, make subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents, elements, materials, information and products, where appropriate, included in the Website and/or the Contents for public or commercial purposes, as well as include them in another different website, if there is no express written authorization from ecaptureDtech or, where appropriate, the corresponding owner of the rights.
If through any action or omission, whether due to willful misconduct or negligence, directly or indirectly attributable to the user of the Website and/or the Contents, infringes on any intellectual and industrial property rights of ecaptureDtech or of third parties, and said infringement causes damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, to ecaptureDtech , then ecaptureDtech will have the right to use any and all legal means at its disposal to claim any compensatory amounts, moral damages or damages to its own image, consequential damage and loss of profit, advertising costs or of any other remedy that may be necessary from the user.
Complaints that may be filed by the user in relation to possible breaches of intellectual or industrial property rights in relation to the Website and/or the Contents should be addressed to the Legal Department of ecaptureDtech, located at Torre Siglo XXI C/Paseo Fluvial nº 15 Planta 11, Badajoz, Spain, 06004.
Limitation of Liability
To the maximum extent permitted by law, ecaptureDtech shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use or any other intangible asset, resulting from the use or inability to use the Platform, including but not limited to the following cases:
Where it is impossible or difficult to access the Website and/or the Contents due to connection issues, service interruptions, delays, errors, malfunction of the same regardless of the type of connection or technical means employed by the user.
Where access to the Website and/or the Contents is interrupted, suspended or canceled, as well as for any interruptions in the availability and continuity of the operation of the Website and/or the Contents or the services and/or elements thereof, when this results from the interruption of the service due to technical maintenance of the Website and/or the Contents, or to a cause beyond ecaptureDtech's control, or where the failure is rooting in the services provided by the information service providers.
Where the user acts intentionally or willfully, or any damages that stem from force majeure events and any other acts of God that are beyond the control of ecaptureDtech.
Where damage is caused by attacks by so-called "hackers" or specialized third parties on the security or integrity of the IT systems, provided that ecaptureDtech has adopted all existing security measures according to its technical possibilities.
For any damages that may be caused by the information, contents, products and services provided, communicated, hosted, transmitted, displayed or offered by third parties outside ecaptureDtech, including information society service providers, through a website that can be accessed through a link on this site.
For any damage to the user's software or hardware arising from access to the Website and/or the ecaptureDtech Contents or from the use of the information or elements or applications contained therein.
For the suitability, reliability, availability, timeliness or accuracy of the information or services contained on its Website and/or in the Contents, nor for direct or indirect damages in relation to the use of the information or elements contained therein.
The user of the Website and/or the Contents will be personally liable for damages of any kind caused to ecaptureDtech directly or indirectly, as a result of a breach of any of the obligations derived from these Terms of Use or, where appropriate, from the Special Terms. ecaptureDtech will not be held liable, either for direct or indirect damages, consequential damages or for loss of profits.
The user will be solely responsible for the infringements that may be incurred or for the damages that may be caused by the use of the Website and/or the Content of ecaptureDtech, and ecaptureDtech will be held harmless from any liability. The user is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against ecaptureDtech or against the user based on the latter's use of the service, or for the information they may have sent to ecaptureDtech by any means. The user will bear the cost of any expenses and compensation imposed on ecaptureDtech as a result of such claims or legal actions.
Changes to the Terms
We reserve the right to change these Terms at any time and without prior notice. Changes will be effective immediately, once the change has been posted on the Platform. It is your responsibility to periodically review the Terms for updates. Your continued use of the Platform after the amendment of the Terms constitutes your acceptance of the changes.
Links or Hyperlinks to the Website and/or Content
The user who wants to enter links or hyperlinks from or on their own Web pages to the Website and/or ecaptureDtech Contents must comply with the conditions detailed below; being unaware of these conditions does not hold the user harmless in case of non-compliance:
The link or hyperlink will only link to the "home page" or main page of the Website but may not reproduce it in any way ("inline", "links", "deep-links", "browser" or "border environment", copy of texts, graphics, etc.).
In any case, and in accordance with the applicable legislation in force at any time, users are banned from creating "frames" of any kind that envelop the Website and/or the Contents or allow part or all of the Website and/or the Contents to be displayed through Internet addresses other than those of the Website and/or the Contents and, in any case, when they make it possible to display of elements of the Website and/or the Contents together with contents outside the Website and/or the Contents in such a way that:
It induces or is likely to mislead, confuse or deceive users about the true origin of the elements that are displayed or the services that are used.
It may be construed as an act of comparison or unlawful imitation.
III. It serves to leverage ecaptureDtech's brand reputation and prestige.
It is prohibited by current legislation.
No false, inaccurate or incorrect statements or representations shall be made about ecaptureDtech, its employees, customers or the quality of the services it provides from the page and/or application that introduces the link.
In no case will it be expressed or implied on the page and/or application where the link is located that ecaptureDtech has given its consent for the insertion of the link or that ecaptureDtech any way sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any text, graphic or mixed mark or any other distinctive sign of ecaptureDtech within the sender's page is banned, except in cases permitted by law or expressly authorized by ecaptureDtech, and provided that a direct link to the Website and/or the Contents is introduced, and in the manner established in this clause.
The page and/or application that sets the link or hyperlink must comply faithfully with the law and may not in any case have or link to its own or third party content where the content:
Is illegal, harmful or contrary to morality and best practices (including, but not limited to, pornographic, violent, racist, etc. content).
Induces or may induce the user to hold the false belief that ecaptureDtech subscribes, endorses, adheres to or in any way supports the ideas, representations or statements, licit or illicit, of the sender.
Is inappropriate or not relevant to the activity of ecaptureDtech in view of the placement, contents and theme of the sender's website and/or application.
The authorization to insert a link or hyperlink does not presume, in any case, a consent to reproduce the visual and functional aspects ("look and feel") of any Website and/or ecaptureDtech Content. In particular, the authorization to insert of hyperlinks from the Website and/or the Contents will be conditioned on respect for human dignity and freedom. The website on which the hyperlink is established will not contain information or illegal content, content which is contrary to morality, best practices, and public order, nor will it contain content which encroaches on the rights of third parties.
The establishment of the link does not imply in any case the existence of relations between ecaptureDtech and the owner of the website and/or application in which it is established, nor the acceptance and approval by ecaptureDtech of the contents or services offered and made available to the public on said site. ecaptureDtech may request, at any time and without the need to provide any reasons for said request, that any link or hyperlink to the Website and/or the Contents be removed; the person responsible for the website and/or application that publishes the link shall be obliged to immediately remove it.
Warranties
ecaptureDtech represents that it has taken all the necessary measures, within its possibilities and the current technology at its disposal, to guarantee the functioning of the Website and the Contents and to prevent the existence and transmission of viruses and other harmful or malicious components to users.
If the user becomes aware of the existence of any content that is illegal, unlawful, contrary to the laws or that could involve an infringement of intellectual and/or industrial property rights, they must immediately notify ecaptureDtech thereof so that ecaptureDtech may take appropriate action.
Force majeure
The Company will not be responsible for providing the service when:
First.- When it is due to interruptions in the electricity supply, interruptions in telecommunication lines, social conflicts, strikes, uprisings, explosions, floods, acts or omissions of the Government or any type of meteorological phenomena.
Second.- Any other case of force majeure or fortuitous event.
Termination
We may terminate your access to the Platform at any time and for any reason, without prior notice. You may terminate your account at any time. Provisions that given their scope must survive termination of these Terms, including those relating to ownership, the content license, and limitations of liability, shall continue in force after termination.
Governing Law
These Terms of Use, as well as the use of the Website, shall be governed by Spanish law. The Courts and Tribunals of the registered office of the Website Manager will have exclusive jurisdiction over any disputes which may arise between the parties. If any provision of these Terms were to become unenforceable or void by virtue of applicable law or as a result of a judicial ruling or administrative decision, said unenforceability or nullity will not render these Terms of Use unenforceable or void as a whole. In such cases, the company will modify or replace the voided provision with another that is valid and enforceable and that, to the extent possible, achieves the objective reflected in the original provision.
Contact Information
If you have questions or comments about these Terms, you can contact us at Torre Siglo XXI. Paseo Fluvial Nº 15, Planta 11. 06011 Badajoz, Spain or via the email address customercare@ecaptureDtech.com. These Terms of Use constitute the entire agreement between you and ecaptureDtech regarding use of the Platform and supersede any prior agreements. Thank you for using ecaptureDtech and trusting us.
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