Legal notice

Lucerna Soluciónes Tecnológicas S.L., as the party responsible for this website, hereinafter the CONTROLLER, makes this document available to users in order to comply with the obligations laid down in Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and to inform all website users of the terms of use.

Any person accessing this website assumes the status of user and undertakes to observe and strictly comply with the provisions set out here, as well as any other applicable legal provision.

Lucerna Soluciónes Tecnológicas S.L. reserves the right to modify any information that may appear on the website without being required to give prior notice or individually inform users, it being sufficient for such changes to be published on the website of Lucerna Soluciónes Tecnológicas S.L.

Identification details

Company name: Lucerna Soluciónes Tecnológicas S.L.

Tax ID: B75438127

Domicilio: Pontevedra, España

E-mail: contacto@lucernasoftware.com

Purpose

Through the Website, we provide users with access to information about our services.

Privacy and data processing

Where personal data must be provided to access certain content or services, users guarantee that such data are truthful, accurate, authentic and current. The company will process those data by automated means as appropriate to their nature or purpose, under the terms set out in the Privacy Policy section.

Industrial and intellectual property

The user acknowledges and accepts that all content displayed on the Website, including in particular designs, text, images, logos, icons, buttons, software, trade names, trademarks and any other signs capable of industrial or commercial use, is subject to intellectual and industrial property rights. Trademarks, trade names, distinctive signs and all intellectual and industrial property rights over the content and other elements included on the site are owned exclusively by the company and/or third parties, who hold the exclusive right to use them commercially. The user therefore undertakes not to reproduce, copy, distribute, make available, publicly communicate, transform or modify such content without authorisation and to hold the company harmless from claims arising from breach of these obligations. Access to the Website does not imply any waiver, transfer, licence or assignment, in whole or in part, of those rights unless expressly stated otherwise. These General Terms of Use grant users no rights other than those expressly provided. Any other use or exploitation of such rights is subject to prior express authorisation from the company or the relevant third-party rights holder.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation on this Website, as well as the Website as a whole as a multimedia work, are protected by intellectual property law. The company owns the elements comprising the Website’s graphic design, menus, navigation buttons, HTML code, text, images, textures, graphics and other content, or holds the relevant authorisation to use them. Website content may not be reproduced in whole or in part, transmitted or recorded by any information retrieval system in any form or medium without the entity’s prior written authorisation.

It is also prohibited to remove, circumvent or manipulate copyright notices, technical protection devices or any information mechanisms contained in the content. Users undertake to respect these rights and avoid any action that could harm them. The company reserves the right to exercise any legal remedies available to defend its legitimate intellectual and industrial property rights.

Website user obligations and responsibilities

The user undertakes to:

1. Use the Website, content and services appropriately and lawfully in accordance with: (i) applicable law; (ii) these General Terms of Use; (iii) generally accepted standards of morality and good conduct; and (iv) public order.
2. Provide all means and technical requirements needed to access the Website.
3. Provide truthful information when completing forms on the Website with personal data and keep that information up to date so that it reflects the user’s actual circumstances. The user is solely responsible for false or inaccurate statements and for any harm caused to the company or third parties by the information provided.

Without prejudice to the above, the user must also refrain from:

1. Use the Website or its content without authorisation or fraudulently for unlawful purposes, purposes prohibited by these General Terms of Use, purposes that harm third-party rights or interests, or in any way that may damage, disable, overload, impair or prevent the normal use of services, documents, files or content stored on computer systems.
2. Access or attempt to access restricted resources or areas of the Website without meeting the applicable access requirements.
3. Cause damage to the physical or logical systems of the Website, its providers or third parties.
4. Introduce or spread computer viruses or any other physical or logical systems capable of damaging the systems of the company, its providers or third parties.
5. Attempt to access, use or manipulate data belonging to the company, third-party providers or other users.
6. Reproduce, copy, distribute, provide public access to, publicly communicate, transform or modify content unless authorised by the relevant rights holder or legally permitted.
7. Remove, conceal or manipulate notices concerning intellectual or industrial property rights, identifying data relating to company or third-party rights, technical protection devices or information mechanisms included in content.
8. Obtain or attempt to obtain content using means or procedures other than those made available or expressly indicated on the pages where the content is located, or those commonly used on the Internet where they do not create a risk of damage to or disabling of the Website or its content.
9. In particular, by way of illustration and without limitation, the user undertakes not to transmit, distribute or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software or any material that:
   • In any way contravenes, disparages or infringes fundamental rights and public freedoms recognised by the Constitution, international treaties or applicable law.
   • Induces, incites or promotes criminal, degrading, defamatory or violent acts, or acts generally contrary to law, morality, generally accepted standards of conduct or public order.
   • Induces, incites or promotes discriminatory acts, attitudes or ideas based on sex, race, religion, belief, age or status.
   • Includes, makes available or provides access to criminal, violent, offensive, harmful or degrading products, elements, messages or services, or content otherwise contrary to law, morality, generally accepted standards of conduct or public order, or that causes or may cause an unacceptable state of anxiety or fear.
   • Encourages or incites participation in dangerous, risky or harmful practices affecting health or psychological wellbeing.
   • Is protected by intellectual or industrial property law and belongs to the company or third parties without authorisation for the intended use.
   • Violates honour, personal or family privacy or a person’s right to their own image.
   • Constitutes any form of advertising.
   • Contains any virus or program that prevents the Website from functioning normally.

Where a password is provided to access services or content on the Website, the user must use it diligently and keep it secret at all times. The user is responsible for its proper custody and confidentiality and undertakes not to transfer it to third parties, temporarily or permanently, or allow unauthorised persons to access the relevant services or content. The user must also notify the company of any event that may involve misuse of the password, including theft, loss or unauthorised access, so it can be cancelled promptly. Until such notification is made, the company is exempt from liability arising from misuse of the password. If the user negligently or intentionally breaches any obligation under these General Terms of Use, the user will be liable for the resulting damage suffered by the company.

Liability

Continuous access, correct display, download or usefulness of website elements and information is not guaranteed where it may be prevented, hindered or interrupted by factors or circumstances beyond the company’s control. The company is not responsible for decisions made as a result of accessing the content or information provided.

The service may be interrupted or the relationship with a user terminated immediately if use of the Website or any services offered through it is found to breach these General Terms of Use. We are not responsible for damage, losses, claims or costs arising from use of the Website.

The company will only be responsible for removing, as soon as reasonably possible, content that may cause such harm where it is duly notified. In particular, we will not be responsible for damage arising from, among other things:

1. Interference, interruptions, failures, omissions, telephone faults, delays, blocks or disconnections affecting electronic systems due to deficiencies, overloads or errors in telecommunications lines and networks, or any other cause beyond the company’s control.
2. Unlawful interference using malicious software of any kind and through any means of communication, including computer viruses or similar threats.
3. Improper or inappropriate use of the Website.
4. Security or navigation errors caused by browser malfunction or the use of outdated browser versions. The Website administrator reserves the right to remove, in whole or in part, any content or information on the Website.

The company excludes liability for damage of any kind arising from misuse by users of services made freely available through the Website. It is also exempt from liability for content and information received through data collection forms, which are intended solely to provide enquiry and information services. Where a user causes damage through unlawful or improper use of such services, the user may be held liable for that damage.

The user will hold the company harmless from damage arising from third-party claims, actions or proceedings resulting from access to or use of the Website. The user also agrees to indemnify the company for damage arising from the use of robots, spiders, crawlers or similar tools to collect or extract data, or any other action that places an unreasonable burden on the operation of the Website.

Hyperlinks

The user undertakes not to reproduce the Website or any of its content in any way, including by hyperlink, without the controller’s express written authorisation.

The Website may include links to other websites managed by third parties in order to facilitate user access to information from partner and/or sponsoring companies. The company is not responsible for the content of those websites and does not act as guarantor or provider of services or information offered by third parties through such links.

Users are granted a limited, revocable and non-exclusive right to link to the Website’s home page solely for private, non-commercial use. Websites linking to our Website may not misrepresent their relationship with us, state that a link has been authorised, use our trademarks or distinctive signs without permission, contain unlawful or offensive content, link to pages other than the home page where not authorised, or reproduce the Website within frames or their own browser interface. The company may request removal of any link at any time, and it must then be removed promptly.

The company cannot control the information, content, products or services provided by other websites that link to the Website.

Data protection

To use certain services, users may first need to provide personal data. The company will process such data by automated means and apply the appropriate security measures, in compliance with the GDPR, LOPDGDD and LSSI. Users may consult the policy governing the processing of personal data and the purposes for which data are processed in the Privacy Policy.

Cookies

The company reserves the right to use cookie technology on the Website to recognise returning users and personalise their use of the Website, for example by preselecting language or more relevant content.

Cookies are files sent to a browser by a web server to record user browsing activity where the user allows them. You may configure your browser to notify you when cookies are received and to prevent them from being stored. Please consult your browser instructions for more information.

Cookies can make it possible to recognise the browser used by a user in order to provide content, apply consented browsing preferences and measure visits and traffic parameters.

For more information, see our cookie policy

Representations and warranties

In general, the content and services offered on the Website are for information purposes only. Accordingly, no representation or warranty is given in relation to them, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent such representations or warranties cannot legally be excluded.

Force majeure

The company will not be liable where it is unable to provide service due to prolonged power outages, telecommunications failures, social conflicts, strikes, rebellion, explosions, flooding, acts or omissions of government authorities or, in general, force majeure or unforeseen events.

Dispute resolution, governing law and jurisdiction

These General Terms of Use and use of the Website are governed by Spanish law. Where legally permissible, any dispute will be submitted to the courts with jurisdiction over the registered office of the Website controller.

If any provision of these General Terms of Use is found to be unenforceable or void under applicable law or as a result of a judicial or administrative decision, that finding will not render the terms as a whole unenforceable or void. The company will modify or replace the affected provision with a valid and enforceable provision that, as far as possible, achieves the objective of the original provision.