TERMS AND CONDITIONS OF USE

1. GENERAL INFORMATION

These conditions of use (the "Terms of Use") regulate the access and use of the website hosted under the domain name https://flowup.io/ (the "Website") as well as the contents and services that the owner of the Website makes available to its users (the "Users").

In addition, these Terms of Use establish, together with the Privacy and Cookies Policy, regarding the management of personal data of Users, the terms and conditions governing the Website (the "Terms and Conditions").

In compliance with article 10 of Law 34/2002, of July 11rd, on Services of the Information Society and Electronic Commerce, the following identifying information of the holder of the Website is presented:

GOKARUMI, S.L. is a trading company whose registered office is in Alcorcón (Madrid), Polvoranca 72, 2ºA, C.P. 28923, with N.I.F. B-86947371 and entered in the Commercial Register of Madrid, Volume 31847, Folio 7, Sheet number M-573107("KARUMI"). The contact email is: hello@gokarumi.com.

2. ACCEPTANCE

Access to the Website or its use by the User necessarily implies, without reservation, the knowledge and acceptance of these Terms of Use, therefore, it is recommended that the User read them carefully in case of use of the services offered by KARUMI.

Access and use of the services offered on the Website is prohibited for Users under eighteen (18) years. Therefore, by accepting these Terms of Use, the User acknowledges that he/she is a person with sufficient capacity to acquire the obligations derived from his/her actions and that he/she has read, understands and accepts its contents.

KARUMI reserves the right to modify the Terms and Conditions at any time, in which case they will produce effects and will be applicable to all Users of the Website.

In the event of a breach of any of the provisions set forth in these Terms and Conditions, KARUMI will notify the User to correct such situation and otherwise KARUMI reserves the right to cancel, suspend, temporarily or permanently, The User account.

KARUMI reserves the right to deny access to services offered to any physical or legal entity at any time.

3. CONDITIONS TO REGISTER

Users who wish to use the Service offered on the Website (as defined in section 4 below) must register in the same through the form created for this purpose, for which they will have to follow the instructions indicated on it and provide the required data (the "Registration Form").

Once the Registration Form is completed, the User will receive an email to the address indicated on the Registration Form, in order to proceed with the activation of his/her User account.

The User will be solely responsible for selecting a password with an appropriate level of security. To this end, it is recommended to the User not to choose as a password obvious combinations that allow easy decipherment by a third party. The User will be responsible for keeping secret his/her password, not having to provide it to any third party. In case you suspect that your password has been known by a third party, you must proceed immediately to modify it.

For any questions regarding your registration and/or unsubscribe as a User you can contact us to the following email address: hello@gokarumi.com.

4. “FLOWUP” SERVICE

KARUMI, through its Website, offers programmers and developers of mobile applications a platform for monitoring the technical performance of such mobile applications.

The User will be able to control the performance of his/her application in the devices of those third parties that use them in order to receive a series of metrics about the performance of the same, such as bandwidth, memory consumption, CPU/GPU performance and the time frame, among others (the "FlowUp Service" or the "Service").

Once the User has registered through the Registration Form can download the SDK, that is, a set of software development tools that will allow you to monitor your application through the Website.

After the installation of the SDK, the User will be able to access the "FlowUp Dashboard", which will generate, in real time through graphics, information related to the performance of the application.

This Service helps developers create better applications, as well as understand the behavior of the users on them.

The Service also provides improvements in application performance, offers data optimization and enhances the user experience. The FlowUp Service monitors user applications, either under development or already developed, through the observation of five fundamental points: the fluidity of the application, the smartphone battery consumption, the memory consumption, the size occupied by the application and the files related to it and the network consumption.

KARUMI offers users free and paid services. The difference between the free and paid service modes is the number of devices that access the User's applications, and therefore are analyzed, being limited to 20 devices in the free mode and between 1,000 and 10,000 in the payment mode. This means that monitoring the application will be much more accurate in payment mode as it scans more devices and therefore the technical performance of the application will be more accurate.

In addition to the above, the User may download at any time all the data generated by their applications, being able to share them at any time under their own responsibility.

4.1 Cancellation of Services

Users may cancel their user account at any time by sending a communication to the email hello@gokarumi.com or through the tool enabled for this purpose in the control panel of the FlowUp Dashboard of the User.

Once the Services are canceled, the User will not be able to access their data. Notwithstanding the foregoing, the User may, in advance, download his/her data.

5. LICENSE OF USE

By means of the present Terms of Use, we grant to the User a non-exclusive, non-transferable license for a global geographical area and for the duration of the User not being removed from the Website, to use the FlowUp Service as well as all Tools needed for use in a device you own. In no case may the User rent, lease, loan, sell, distribute or sublicense the User's SDK to any third party the FlowUp Dashboard (the "Service Tools").

Except as expressly stated otherwise, any use of the Service Tools for a purpose other than that stated above will require our prior authorization. In particular, but without limitation, the User will require our prior authorization to: (i) Reproduce or transform the Service Tools for the purpose of correcting errors; and (ii) build successive versions of the Service Tools or programs derived therefrom.

The User is not authorized to decompile, disassemble, reverse engineer, decrypt or otherwise modify the Website, the Service Tools and/or its source code. Notwithstanding the foregoing, the User will be entitled to observe, study, verify its operation, without prior authorization from KARUMI, when such acts are necessary for the use of the Service Tools and therefore the FlowUp Service. The use of the Service Tools does not require any backup, so the User will refrain from performing the same.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

All information contained in the Website or in any of the Service Tools, including its graphic design and the source code, are protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12nd by which approves the Revised Text of the Law of Intellectual Property, and the other rules that regulate Intellectual Property.

These rights belong exclusively to KARUMI or its licensors, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of assignment, of all or part of the content of the Website or of the Tools of the Service and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, shapes, etc.) as well as of the databases and of the software necessary for the visualization or the operation thereof, and, of any object that according to the current legislation is protected by the rules of intellectual property.

Users may not, in any case, exploit or serve commercially, directly or indirectly, in whole or in part, any of the contents, except for the content provided by them, that conform the Website or the Tools of the Service without prior authorization and in writing of its holder.

The authorization for the use of any content of the Web Site or the Tools of the Service can be requested to the email address hello@gokarumi.com. The provisions set forth in the preceding paragraphs will not in any way imply the assumption of responsibility by KARUMI on the content, nor may it create a right to compensation for Users or third parties.

You may not use trademarks, trade names, establishment signs, denominations, logos, slogans or any type of distinctive sign shown on the Website and belonging to KARUMI, and in particular the words "KARUMI" and/or "FLOWUP" without prior authorization and in writing of KARUMI.

KARUMI expressly reserves as many civil and criminal actions, under Spanish and foreign law as may be due to the violation of peaceful possession and/or unauthorized ownership of industrial and intellectual property rights.

7. TECHNOLOGICAL LIMITATIONS

We inform the User that, as a result of maintenance work, in certain cases, temporary interruptions may occur on the Website, in the FlowUp Dashboard and therefore in the Service.

We also inform the User that, in addition to those indicated above, there is a great variety of factors that may affect the Website and/or its quality, such as, but not limited to: environmental conditions, network saturation, connectivity, third-party software, etc.

In addition, KARUMI may remove, limit or prevent access to your Website when technical difficulties arise due to events or circumstances beyond KARUMI that, in its discretion, reduce or cancel the security levels or standards adopted for the proper functioning of the Website.

Through the following email address, you can contact us to report the errors that you detect, as well as comments and suggestions: hello@gokarumi.com

8. PROHIBITED USES AND RESPONSIBILITIES

The User may only use the Website for exclusively professional purposes and with the scope established in these Terms of Use.

The User will refrain from using the Website to carry out any illegal activity. In particular, but without limitation, the User will refrain from using the Website to:

The User will not carry out any activity that may cause damage or prejudice to any third party, as well as, to KARUMI and its operation and/or development.

In no case will KARUMI be responsible for:

KARUMI acts as a technology supplier and therefore its responsibilities will not exceed its functions.

9. LINKS TO THIRD PARTIES

KARUMI does not assume any responsibility derived from the links that enable, through the Website, the access to the User to services offered by third parties, as long as they are not related to the Website. Therefore, KARUMI is not responsible for the information contained therein or for any effects that may arise from such information.

If any User or third party observes that such links may be contrary to laws, morality or public order, you must report it to KARUMI via email: hello@gokarumi.com

10. PRIVACY POLICY

This Privacy Policy is only applicable to the Website, understanding as such all the pages and subpages included in it, declining KARUMI any responsibility for the different privacy policies and protection of personal data that may contain web pages that can be accessed through the hyperlinks located on this Website and not managed directly by KARUMI.

This policy has been configured scrupulously respecting the current legislation on the protection of personal data, that is, among others, Organic Law 15/1999, of December 13rd, Of Personal Data Protection (the "LOPD") and Royal Decree 1720/2007 of 21st December, which approves the Regulation of development of the LOPD.

10.1 Collection of personal data

In accordance with the provision of the LOPD and its implementing regulations, KARUMI informs users that the data they provide through the Website will be incorporated into an automated file duly registered with the Spanish Data Protection Agency of which it is responsible KARUMI. These data will be processed in order to manage the relations with the Users of the Website as well as those related to the services offered by KARUMI, to allow the contracting and provision of services. These personal data may also be processed in order to generate user profiles and send them by electronic, postal and telephone (including SMS messages, or other similar messaging means) personalized business information about the products or services related to the offered ones by KARUMI as long as they have previously given their consent, as well as participate in satisfaction surveys.

Through the Use of the Service, KARUMI may access to basic information of Google's profile.

The personal data collected through the Website will not be transferred to any third party, except in the specific cases in which the transfer is covered by the LOPD and can only be accessed by the KARUMI staff, as well as by those third parties who provide services to KARUMI related to the above purposes.

Users must notify KARUMI of any changes that may occur in the data provided, responding in any case to the truthfulness and accuracy of the data provided at any time. KARUMI will endeavor diligently to verify the veracity of such data, reserving, if necessary and without prejudice to other actions that may correspond to it, the right to not register or to withdraw users who provide false or incomplete information. Such prior verification does not imply in any case the assumption by KARUMI of any liability for damages or losses that may arise from the falsity or inaccuracy of the data supplied, which will only be answered by the user.

KARUMI guarantees that has adopted the levels of security of data protection, personal legally required, according to the type of data collected and installed all means and measures of a technical, personal and organizational nature to guarantee the confidentiality, integrity and quality of the data, as well as to prevent loss, misuse, alteration, unauthorized access and theft of the personal data provided.

10.2 User Rights

Users can exercise their rights of access, rectification, cancellation and opposition by means of a written communication addressed to: Alcorcón (Madrid), calle Polvoranca 72, 2ºA, C.P. 28923 duly signed, accompanied by a photocopy of the DNI and with the reference "Protection of personal data", as well as by email: hello@gokarumi.com

10.3 Use of cookies

The Website uses cookies in order to provide certain services and functions, as well as to help users improve their online experience. You can find more information about it in our Cookies Policy.

11. MODIFICATIONS

We will notify the User of the changes in the Conditions of Use of the Website before they occur. If the User is not satisfied with the changes, you must stop using the Website. The use of the Website after notification of the changes will mean the acceptance of them by the User.

12. CONTACT AND WRITTEN COMMUNICATIONS

The applicable regulations require that some of the information or communications that KARUMI sends to the User is in writing. By accepting these Terms of Use, the User accepts that most of the KARUMI communications are electronic. KARUMI will contact the User by email or by posting notices on the Website. The User agrees to use this electronic means of communication and acknowledges that any notification, information and other communications that KARUMI sends electronically comply with the legal requirements to be in writing.

For any question or incident, complaint or claim related to the Services, the User may contact KARUMI by sending an email to the following address hello@gokarumi.com

13. JURISDICTION AND APPLICABLE LAW

The operation and use of the Website and these Terms of Use are governed by Spanish law. To the extent permitted by law, KARUMI and the User, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals that are competent.