These Terms of Use (the “Terms”) and the Privacy Policy, attached as Annex I, govern the rules applicable to the use of the “Dots. Memories” application (hereinafter, the “APP”). Downloading or using the APP grants User status to whoever does so and implies acceptance of all the Terms included in this document and any future modifications. The User acknowledges having read these Terms before using the APP and each time they use it, as they may be modified unilaterally, without prejudice to proper notification of such changes to the User.

Likewise, to the extent that the User acquires paid functionalities or services within the APP, they acknowledge having read and accepted the Purchase Terms attached as Annex II.

To provide our Services (as described below) through the APP—including the services, functionalities, and software we make available to the User—it is necessary to expressly accept these Terms.

“Company” refers to Publicidad Kalepolin, S.L. (hereinafter, the “Company”), with registered office at Calle Pizarro, 23, bajo, 46004, Valencia, Tax ID B-44.591.170, and registered in the Commercial Registry of Valencia, volume 11,306, page 189, sheet V-208,821.

 

1. INFORMATION ABOUT OUR SERVICES

Privacy and Security Principles.
Since the launch of the APP, we have built our Services on solid privacy and security principles.

Create and preserve memories:
We allow Users to create memories by day within calendars of a calendar year by uploading photos or videos associated with specific days or moments.

Organize your gallery.
Users can store their most important memories in the APP and delete from their mobile device those they do not consider valuable to free up space.

Create albums for events.
A space where all guests can upload the best memories of an event.

Connect with others.
We offer Users different ways to communicate with other APP users by creating messaging groups, which include sending messages, images, and videos, as well as the ability to share status updates. The APP collaborates with partners, service providers, and affiliated companies to offer ways to connect with their services.

Protection, security, and integrity.
We work to ensure the protection, security, and integrity of our Services. This includes properly managing individuals or conduct that violates our Terms. We take measures to prohibit misuse of our Services, including conduct that harms others. If we detect such individuals or behavior, we will take appropriate measures, such as removing or disabling user profiles or related activities, or notifying the competent authorities.

Granting access to our Services.
To operate our Services globally, we must store, process, and distribute content and information in our data centers and systems.

Registration.
The User must register to use our Services by providing truthful information, including a current email address and/or a valid mobile phone number, and update such information within our APP if any changes occur. The User agrees to receive SMS messages (from us or third-party providers) with codes to register for our Services. In any case, the User is solely responsible for maintaining and ensuring access to their APP account, without prejudice to the APP offering alternative access or login methods.

Contact list.
The User may use the contact upload feature to include their contact list in messaging groups or various APP functionalities. As service providers, we will have access to the information contained in the User’s contact list.

Age.
The User must be of sufficient legal age to give their consent freely in accordance with the applicable legislation in their place of residence. Therefore, the User declares being at least 13 years old to use our Services, or the age of majority required in their country or territory to register or use our Services without parental authorization. In addition to the minimum age required by applicable law, if the User is not old enough to accept our Terms in their country or territory, their parent or legal guardian must accept our Terms on their behalf for them to use our Services.

Devices and software.
The User must have certain devices, software, and data connections, which we do not provide, to be able to use our Services. Likewise, to use our Services, the User agrees to download and install updates to them, either manually or automatically. The User also agrees to receive notifications from our Services when necessary for their proper provision.

Costs and taxes.
The User is responsible for expenses and costs arising from their mobile operator’s data plans, internet usage fees, and any other cost or tax associated with using our Services. However, our Services are currently free except for Premium Users, without prejudice to certain functionalities that may be available for a fee.

Advertising.
By using the APP, the User agrees to be shown advertisements from companies and organizations (third parties or linked to the Company) that maintain a commercial relationship with the Company for their promotion on the Company’s platforms. Relevant and useful advertising will be shown without revealing the User’s identity to advertisers. User information will not be sold. Advertisers may provide information such as their business objectives and the type of audience they want to target with their ads. This allows us to show their ads to people we believe will find them relevant.

Likewise, advertisers may receive reports on the performance of their ads to understand how people interact with their content, both inside and outside the APP. For example, generic data on interests and demographics may be provided to help them better understand their audience. Information that directly identifies the User (such as their name or phone number, which could be used to contact or identify the User) will not be shared, unless the User gives their express consent, which, in no case, will be presumed.

 

2. ACCEPTABLE USE OF OUR SERVICES

Legal and acceptable use.
The User must access and use our Services only for legal, authorized, and acceptable purposes.

The User will not use (or help others to use) our Services in a way that:

(a) violates, infringes, or attempts to appropriate the rights of the APP, our users, or third parties, including privacy rights, public image, intellectual or industrial property rights, copyrights, or other proprietary rights;

(b) is illegal, obscene, defamatory, threatening, intimidating, harassing, incites hatred, or is racially or ethnically offensive, or promotes or encourages illegal or inappropriate conduct, such as promoting violent crimes, exploiting or endangering minors, or coordinating harmful conduct;

(c) involves the publication of falsehoods, inaccurate statements, or misleading claims;

(d) impersonates another person;

(e) involves sending unlawful or unacceptable communications, such as bulk messaging, automated messaging, auto-dialing, or similar methods; or

(f) involves any non-personal use of our Services, unless expressly authorized by us.

Harm caused to the Company, its group, the APP, or our users.
The User must not (or help others to), directly or indirectly, through automated means or otherwise, access, use, copy, adapt, modify, create derivative works of our Services, or distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in an unauthorized or unpermitted manner, or in a way that affects, harms, or damages us, our Services, our systems, our users, or third parties. This also includes that the User must not, directly or through automated means:

(a) reverse engineer, alter, modify, create derivative works, decompile, or extract code from our Services;

(b) send, store, or transmit viruses or other harmful computer code through or within our Services;

(c) obtain or attempt to obtain unauthorized access to our Services or systems;

(d) interfere with or affect the protection, security, confidentiality, integrity, availability, or performance of our Services;

(e) create accounts on our Services through automated or unauthorized means;

(f) collect information from or about our users in an unauthorized or unpermitted manner;

(g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner;

(h) distribute or make our Services available on a network where they could be used on multiple devices simultaneously, unless authorized through tools we expressly provide in our Services;

(i) create software or APIs that function substantially similarly to our Services and offer them to third parties without authorization; or

(j) misuse any reporting channel, for example, by submitting fraudulent or unfounded reports or complaints.

Maintaining account security.
The User is responsible for maintaining the security of their device and account, and must immediately notify us of any unauthorized use or any security breach relating to their account or our Services.

Breaches.
The User must use our Services in accordance with our Terms. If the User breaches our Terms, we may take action regarding their account, including its deactivation or suspension, in which case the User agrees not to create another account without our authorization. All of the foregoing is understood without prejudice to the legal actions that the Company may take for damages caused, without limit as to their amount or scope, including direct, indirect, and consequential damages.

 

3. THIRD-PARTY SERVICES

Our Services may allow the User to access websites, applications, content, or other products and services from third parties, as well as products from companies belonging to the Company’s group, allowing the User to use or interact with them.

These Terms and the Privacy Policy (attached as Annex I) apply only to the use of our Services. When the User uses third-party products or services, such use will be governed by their own terms and privacy policies.

 

4. LICENSES GRANTED

User Rights.
The APP does not claim ownership of the photos or information sent or stored in the APP or through messaging services, without prejudice to their processing or storage. The User must have the necessary rights to the information they send to their APP account or through such groups, as well as the right to grant the rights and licenses described in our Terms.

APP Rights.
We own all copyrights, trademarks (registered or not), domains, logos, trade dress, trade secrets, patents, and other intellectual or industrial property rights associated with our Services. The User may not use our copyrights, trademarks (or similar signs), domains, logos, trade dress, trade secrets, patents, or other intellectual or industrial property rights unless they obtain our express authorization.

License in favor of the APP.
In order to operate and provide our Services, the User grants the APP a license to any intellectual property rights that may arise from their use of the APP, worldwide, non-exclusive, royalty-free, sublicensable, and transferable, to use, reproduce, distribute, create derivative works, publish, display, and perform the information (including content) that the User uploads, submits, stores, sends, or receives through our Services. The rights granted under this license are granted exclusively for the limited purpose of operating and providing our Services. The duration of the license will be equal to the duration of the corresponding intellectual property rights.

This license will remain in effect as long as the User’s content is protected by intellectual property rights. If the User deletes content covered by this license from our Services, our systems will ensure that such content ceases to be publicly available within a reasonable time, unless the User previously shared it with others before deleting it. For example, if a photo was shared with a friend and they made a copy or shared it again, the photo may continue to appear in that friend’s APP account even if the User has deleted it from theirs.

APP License to the User.
We grant the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use our Services, subject to and in accordance with our Terms. This license is granted solely to allow the use of our Services in the manner intended in our Terms. No other licenses or rights will be granted to the User implicitly or by any other means, except those expressly granted.

 

5. NOTIFICATION OF INFRINGEMENTS

(COPYRIGHT, TRADEMARKS, OR OTHER INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS OF THIRD PARTIES, PERSONAL DATA)

Action may be taken regarding the User’s account, including its deactivation or suspension, if there is a clear, serious, or repeated infringement of third-party intellectual or industrial property rights, or when required by legal reasons.

The User is obliged to report to the Company any incident, act, or omission they detect against the copyright, trademark, or other intellectual or industrial property rights of the APP, the Company, or third parties, including attempts or actions related to violations of the personal data protection policy, unlawful data transfers, or mass theft of data from other Users, including phishing or hacking attempts.

 

6. DISCLAIMERS AND EXCLUSIONS OF LIABILITY

The User uses our Services at their sole and exclusive risk and is subject to the following disclaimers of liability.

We provide our Services “as is” and without express or implied warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or absence of viruses or other harmful code. Likewise, we are not responsible for cyberattacks that may result in unauthorized disclosures or theft of Users’ personal data by actors or processes outside the Company’s control.

We do not guarantee that the information provided by us or by platform Users is accurate, complete, or useful; that our Services will be operational, error-free, protected, or secure; or that they will function without interruptions, delays, or imperfections.

We do not control or are responsible for monitoring how or when Users use our Services or the features, services, and interfaces they provide.

We are not responsible for or obligated to monitor the actions or information (including content) of our Users or third parties.

The User releases us, our affiliates, and our directors, administrators, employees, partners, and agents from any claim, complaint, demand, action, dispute, or damage—known or unknown—related to or connected in any way with any claim the User may have against a third party.

We are not responsible for the deletion of images that the User may perform from their photo gallery within the APP. For example, if the User deletes one or all photos from their device’s gallery using the APP, those photos will also be deleted from the device. The User releases the APP from any liability arising from such deletions.

 

7. LIMITATION OF LIABILITY

The Company and the APP will only be responsible for the following:

The APP will provide the Services with due professional diligence. Provided it has acted with such diligence, the APP will not accept liability for damages or losses that were not caused by a breach of these Terms or by our actions; for losses that were not reasonably foreseeable by the User or by us at the time of accepting the Terms; or for events outside our reasonable control.

The Company and the APP expressly exclude from their liability regime, by way of example, losses, unauthorized transfers or theft of personal data, as well as phishing or hacking acts carried out by third parties unrelated to the Company or the APP.

 

8. AVAILABILITY AND TERMINATION OF OUR SERVICES

Availability of our Services.
We continuously work to improve our Services. As a result, we may expand, add, remove, or discontinue certain Services, functionalities, or compatibility with specific devices and platforms. Our Services may be interrupted due to maintenance, repairs, updates, equipment or network failures, or force majeure.

Termination.
The User may terminate their relationship with the APP at any time and for any reason by deleting their account. This will not affect our right to terminate the relationship for just cause. Just cause will be considered a breach of the law, third-party rights, or these Terms.

If termination arises from a breach of the obligations set forth in these Terms, cancellation will only be permitted once a cure period has elapsed without the infringement being corrected or no response being received. This will not apply if the breaching party refuses to comply or if special circumstances exist that justify immediate termination.

We may also modify, suspend, or terminate the User’s access to or use of our Services at any time if we detect suspicious or unlawful activity, including fraud, or if we have reason to believe the User has violated our Terms or caused harm, risk, or legal exposure to us, our users, or third parties. Likewise, we may deactivate or delete accounts that remain inactive for an extended period.

If the User deletes their account or if we deactivate or delete it, these Terms will cease to apply, except for the provisions relating to Licenses, Disclaimers of Liability, Limitation of Liability, Dispute Resolution, Availability, and Other Applicable Provisions, which will continue in effect.

 

9. DISPUTE RESOLUTION

If the User is a consumer, the law of their country or territory will apply to any claim they may bring against us arising from these Terms or our Services. Such claims may be brought before the competent court of that country or territory.

In all other cases, the User agrees that any claim must be resolved before a competent court located in Spain, which will have jurisdiction, and that Spanish law will govern these Terms and any dispute, regardless of conflict of law rules.

 

10. OTHER APPLICABLE PROVISIONS

These Terms constitute the entire agreement between the User and us in relation to the APP and our Services, superseding any prior agreement.

We reserve the right to determine that certain Services may be governed by independent terms and conditions, which the User may be required to accept separately.

We constantly work to improve our Services and develop new functionalities that enhance the experience of Users and the community. Therefore, we may update these Terms periodically to more accurately reflect our Services and practices. We will only make changes when the clauses are outdated or incomplete. Unless required by law, we will publish such changes with reasonable notice and ensure they are fair and proportionate to the User. Once the changes take effect, continued use of our Services will imply acceptance of the updated Terms. If the User does not agree, they must stop using the Services and delete their account.

All rights and obligations set forth in these Terms may be freely assigned by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets. In such case, we will only transfer User data in accordance with applicable regulations and, when necessary, request the corresponding consent.

The User may not assign any of their rights or obligations under these Terms to a third party without our prior written consent.

The fact that we do not require compliance with a provision of these Terms will not constitute a waiver of such provision.

If any provision of these Terms is deemed unlawful, invalid, or unenforceable, it will be modified only to the extent necessary to make it enforceable. If it cannot be made enforceable, it will be removed, with the remaining provisions remaining fully in effect.

 

ANNEX I

PRIVACY POLICY

Our Privacy Policy (“Privacy Policy”) explains our data practices, including the information we process to provide our Services.

This Privacy Policy applies to all our Services, unless otherwise specified.

1. INFORMATION WE PROCESS

The type of information we receive and process depends on how you use our Services. We require certain account information, in accordance with our Terms, to be able to provide our Services, and if we do not process it, we cannot provide them. For example, the User must provide their mobile phone number and/or an email address and a date of birth to create an account in order to use our Services.

Information provided by the User:

– Account information:
When the User creates an account in the APP, they must provide an email address and/or a mobile phone number, a date of birth, and a chosen profile name. If this information is not provided, an account cannot be created to use our Services. The User may add other optional information to their account, such as a profile photo and personal information.

– Messages and multimedia files:
We only offer end-to-end encryption for our Services with third parties. With this type of encryption, posts, messages, and multimedia files, including images, audio, videos, documents, and files, are encrypted to protect them from third parties.

– Group and community information:
The User may create, join, or receive an invitation to join communities or groups, which will be associated with their account. The User may assign names to groups and communities, as well as add a profile photo or description. We also process information regarding the date of creation or update of groups and communities.

– Technical support and other communications information:
When the User contacts the APP for technical support or communicates with us in any other way (for example, through optional surveys), they may provide information related to their use of our Services, including copies of their messages, any other information they consider useful to understand and resolve their query, and their contact details (such as an email address). This information is stored on our servers.

– Account access information:
When the User registers or logs into our Service, a code may be sent via SMS or email to verify their APP account or a message with a link to the email provided. Depending on the circumstances, we may request information to verify that the registered User is the legitimate account holder.

Automatically processed information

– Usage information:
We process information about how you use our Services. This includes processing information about your activity, how you interact with others through our Services, and the time, frequency, and duration of your activities. It also includes information about the features you use, such as our messaging service (and integrated applications), status, communities, groups, whether you are online, the times you post or exchange messages, and the last time you updated data in the “Information” section.

– Log and troubleshooting information:
We process information about the performance of our Services when the User uses them, such as diagnostic and performance data related to the service. This includes log files, schedules, diagnostic or error data, website performance logs, and error reports.

– Device and connection information:
We process specific information related to the device and connection when the User installs, uses, or accesses our Services. This includes information such as hardware model, operating system, battery level, signal strength, app version, browser, mobile network, connection type (including whether Wi-Fi or mobile data is used), mobile carrier or internet service provider, language and time zone, IP address, device operations, and identifiers.

– User preferences:
We process information about the User’s settings in the APP, their privacy settings, and records of when they accepted the terms.

– Authentication information:
To verify and grant the necessary permissions while the User uses the Services, we create and store authentication codes that act as a security measure to ensure that only the User has access to their account.

– Information about the User provided by third parties:
We receive information about a profile from other users who upload memory posts or add the User to groups or communities. We require such users to have legitimate rights to process, use, and share such information before providing it to us. They may also send messages to a profile or groups the User is part of. Any user may take screenshots of posts in shared groups, conversations, or messages and send them to the APP or other people, as well as post them on other platforms.

– User reports:
Users may choose to report posts on our Services, for example, to report possible violations of our Terms or policies. When we receive a report through the tools enabled for this purpose, we receive information from both the person reporting and the person being reported.

 

2. INFORMATION SHARED BY THE USER AND DATA PROCESSING WITHIN THE DOTS. MEMORIES CORPORATE GROUP

Users share certain information while using the Services provided by Dots. Memories and communicating through them. This information is processed exclusively to operate, provide, maintain, and improve the Services in accordance with this Privacy Policy and applicable data protection regulations.

2.1. Information shared by the User

User-generated content:
The User decides what content to upload, share, or communicate through the APP, including images, videos, messages, and interactions in groups or communities. The User controls the visibility of such content through the available privacy settings.

Information associated with the account:
Depending on the APP’s functionality and privacy settings, when a User communicates with other users or groups, their chosen profile name and identifying information may be visible to recipients.

2.2. Technical service providers

Dots. Memories works with technical and operational providers strictly necessary to ensure the proper functioning of the Services (such as infrastructure, hosting, and communication services).

These providers act exclusively as data processors, following the instructions and contractual obligations of Dots. Memories, and may only access personal data to the extent necessary to provide their services (for example, telecommunications providers that enable verification by SMS or email).

2.3. Data processing within the Dots. Memories corporate group

Dots. Memories does not sell, rent, or commercially exploit personal data, nor does it share personal data with external advertisers or unrelated third parties.

Personal data may be accessed or processed exclusively within the same corporate group to which Dots. Memories belongs, for administrative, technical, operational, and regulatory compliance purposes, and always in accordance with the General Data Protection Regulation (GDPR).

The Dots. Memories corporate group currently includes the following entities:

CARRERILLA INVERSIONES, S.L.U., Tax ID B-40645798

BEGIN RESTAURANTES, S.L., Tax ID B-40626392

VOLTERETA FUSIÓN, S.L., Tax ID B-98914435

All entities in the corporate group apply uniform data protection standards and appropriate technical and organizational measures to ensure the confidentiality, integrity, and security of personal data.

In no case will personal data be used for cross-promotional external activities, independent marketing campaigns, or advertising communications directed at wedding guests without the User’s explicit consent.

3. HOW AND WHY WE PROCESS INFORMATION AND OUR LEGAL BASES FOR PROCESSING

In accordance with applicable data protection regulations in the European Region (such as the GDPR, without prejudice to the legislation applicable in the User’s location), companies must process information based on one or more legal grounds. We rely on different legal bases to process User data for the different purposes described in this Privacy Policy.

For each legal basis mentioned below, we describe the purposes of processing (why we process your information) and the operations we perform (how we process your information for each purpose). We also classify the types of information we process for each purpose.

In addition, the User has specific rights depending on the legal basis used, which are explained below. The User should note that they will always have the right to request access to their information, as well as its rectification and deletion, regardless of the applicable legal basis.

The information we process to transmit posts or messages (including data such as phone number, time, and date when the User makes a post or sends a message) is subject to applicable regulations within the European Union framework.

Processing necessary for the performance of our contract with the User:

We process information as necessary to establish and execute the contract we enter into with the User, namely our previously accepted Terms. Below, we describe the categories of information used, as well as why and how they are processed:

Why and how we process your information:
To operate, provide, personalize, and support our Services, including offering ways for the User to connect and communicate with other users of the APP.

The APP helps create and manage the APP account in the following ways:

– Verifying the APP account, for example, through a verification code sent by SMS or email.
– Verifying the operating system and other device functions to correctly configure the APP on it and performing security checks to ensure that the account, phone number, or email are not suspended in the APP.
– Recording User preferences, including accepted Terms, privacy settings, and blocked users.
– Allowing the addition of extra information, such as profile photos and the “About” section, visible to those who have the User’s phone number or email, according to their privacy settings.
– Modifying the phone number or email associated with the APP account when it is updated.
– Deleting the account when requested or in accordance with our Terms. We may take steps to suspend an account if our Terms are breached, such as violations of our acceptable use policies.
– Allowing the re-registration of an account if it was deactivated or blocked.

To send and receive messages and show the User’s status:

– The APP allows users to reply to, forward, and delete messages.
– If the recipient’s device is online in the APP, we deliver messages directly to their device.
– We allow the sharing of videos from third-party services, such as YouTube. When the link corresponds to a video, a preview appears and we allow the recipient to view it within the chat.
– We take precautions to ensure that User messages are transmitted correctly.

To operate and, in general, provide our Services:

– We analyze registration information to resolve errors and user incidents.
– We process information for troubleshooting, diagnostics, and error debugging.
– We process and group activities, system events, and metrics (such as message volume and latency) to monitor the performance, reliability, and efficiency of the service, ensuring and optimizing its quality.
– We test new features and conduct experiments to check if they work as intended.

To allow the User to connect with businesses:

The APP allows users to search for and explore businesses within the Service.

To help the User know if their contacts are APP users when they choose to sync their device’s address book:

– We periodically identify other APP users in the User’s address book with their consent, add them to the APP contact list, and store cryptographic hash values of the phone numbers of contacts who are not APP users to quickly update contacts if they register later.
– The APP removes contacts that the User has in the APP if those users no longer have an APP account.
– When requested by the User, the APP will block the phone numbers of other users to prevent them from contacting the User in the APP.

To allow the User to create, join, or leave groups and communities:

– We verify that the phone numbers the User tries to add to the group are APP users and that their admission complies with their privacy settings.
– We verify that the group or community name and its optional description meet the APP’s requirements.
– We store information about the group or community and its participating users (including pending or former users) to ensure the correct application of privileges, designating the creator as an administrator so they can control and customize information, members, and settings.
– When a group or community is active, we record the invitations sent and set an expiration date for invitations not accepted within a defined period.

To ensure the protection, security, and integrity of our Services:

We use available information and apply automated data processing techniques to:

– Detect, prevent, and combat harmful or illegal conduct that threatens the security of our users’ information or the Service, such as mass data scraping or spamming.
– Collect verification information from anti-abuse services to prevent account misappropriation.

To communicate with Users about matters related to the Services:

– We identify relevant notifications related to the Service, send them through the APP, and keep a record of when each User receives them.

To provide technical support:

– We process support requests made through the APP help center.
– When we process information necessary to execute the contractual relationship in accordance with applicable regulations, the User has the right to data portability.

 

4. USER CONSENT

We process information for the purposes described below after receiving the User’s express consent. Below, we describe the categories of information used and how and why they are processed:

Why and how we process information:

To process information through the settings activated by the User on their device, such as:

– Accessing the camera or photo gallery if you choose to upload photos or multimedia files to your APP portal or to groups or communities. Photos and multimedia files shared in personal chats are processed and stored on our servers.

When the APP processes information based on User consent, the User has the right to revoke it at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.

 

5. LEGITIMATE INTERESTS

We rely on our legitimate interests or those of third parties, such as our users, provided they do not override the User’s interests or fundamental rights and freedoms.

We retain and share information with third parties, including law enforcement authorities, and respond to legal requests. This includes responding to requests when not expressly required by applicable law, but where we believe in good faith that the regulations of the relevant jurisdiction require it, or sharing information with authorities or technology industry partners to combat abusive or illegal conduct. For example, we retain a summary of User information when requested by the competent authority for an investigation. Likewise, we may report illegal or infringing content to the authorities.

We rely on:

– Our interest and that of APP Users in preventing and addressing fraud, unauthorized use of the APP, breaches of our Terms and policies, or other illegal or harmful activities.
– Our interest in protecting ourselves (including our rights, employees, property, or products), our Users, or third parties, including in the context of investigations, regulatory audits, or to prevent imminent harm to life or physical integrity.

We retain and share information when seeking legal advice or defending our rights in litigation and disputes, including breaches of our Terms and policies.

– We rely on our interest and that of Users in responding to claims and preventing fraud or misuse.
– We rely on our interest in obtaining legal advice and protecting our rights in litigation or disputes.

 

To improve the APP Service by developing new features or updates:

– We generate and validate metrics to understand how and how often our Services are used, in order to improve product direction and development and anticipate future feature adoption. We conduct experiments to evaluate the impact of new features.
– We rely on our interest and that of APP Users in evaluating service use and developing new features that improve the product.

 

6. HOW TO EXERCISE YOUR RIGHTS

In accordance with applicable data protection regulations in the place of establishment of the Company and the APP, the User has the right to access their information, as well as to rectify, transmit, and delete it, and to limit or object to certain processing of their information.

We are committed to respecting the confidentiality of the User’s personal data and guaranteeing the exercise of their rights.

Furthermore, we inform you that you may exercise, if you wish, the rights indicated below by sending us an email to info@dotsmemories.app, indicating the reason for the request and the right you wish to exercise.

In particular, regardless of the purpose or legal basis under which the data is processed, the User has the right to:

– Be informed in a concise, transparent, understandable, and easily accessible manner, in clear and simple language, about the use and processing of their personal data.
– Request access to the data that the Company holds about them.
– Request the rectification of data already held. By actively providing their personal data by any means, the User guarantees that it is true and accurate and undertakes to notify any change or modification to it.

Any loss or damage caused to the APP, the person responsible for the APP, or third parties due to incorrect, inaccurate, or incomplete information in the registration forms will be the sole responsibility of the User. The User is responsible for any communication of third-party personal data, holding the Company harmless.

– Request the deletion of their data to the extent that it is no longer necessary for the purpose for which it was collected or when there is no longer a legitimate basis for its processing.
– Request the limitation of the processing of their data, which means that, in certain cases, they may request the temporary suspension of data processing or that we keep it beyond the necessary time when they may need it.
– Object to the processing of their personal data, including profiling.
– Likewise, if the User has given their consent for the processing of their data for any purpose, they have the right to withdraw it at any time. To do so, they may use the forms provided by the Company or the APP or write to the postal or email address indicated above. In this regard, the written request must contain at least the following information:

1. A photocopy of your ID or equivalent document to verify the User’s identity.
2. The subject of your request, i.e., the right you wish to exercise.

– If the User considers that their personal data protection rights have been violated, especially when they have not obtained satisfaction in the exercise of their rights, they may file a claim with the competent Data Protection Supervisory Authority through its website: http://www.agpd.es.

 

7. DATA RETENTION PERIODS OR CRITERIA

We retain information for as long as necessary for the purposes identified in this Privacy Policy, including the provision of our Services or for other legitimate purposes, such as compliance with legal obligations, the enforcement of our Terms and the prevention of their breach, the fight against spam, or the protection and defense of our rights, property, and users.

In certain cases, we also retain User information for legal reasons, even after their account has been deleted, including for the following purposes:

– Responding to a legal request or complying with applicable law when we have a legal obligation to retain information. For example, if we receive a valid legal request regarding an account, such as a preservation order or a search warrant, we will retain the information even after the account has been deleted.

– Managing and resolving requests and claims.

– Addressing litigation and regulatory issues. For example, we retain information when reasonably necessary in connection with a claim, such as when we are the subject of a regulatory investigation or need to defend ourselves in a legal proceeding related to an account or a User’s information, or respond to a regulatory authority regarding a claim filed by the User or another person.

– For matters related to the security, protection, and integrity of our Services, as well as to protect rights, property, and Users. For example, we retain information when necessary to investigate misuse of our Services, such as spamming or other negative experiences. If we deactivate an account for breach of our Terms, we will also retain information about that User for security, protection, and integrity purposes.

 

DOTS APP PURCHASE TERMS

These Purchase Terms (“Purchase Terms”) regulate purchases made by the User through the APP and the use of the APP services or features referred to in these Purchase Terms. By acquiring an APP service or feature, the User accepts the Purchase Terms and the APP’s Terms of Use and Privacy Policy.

The User acknowledges that they have the authorization and the minimum age required to place an order in the APP and to carry out any other legal act required under these Purchase Terms.

 

SERVICES SUBJECT TO PAYMENT

The APP may offer features or services subject to payment at any time, the characteristics of which will be provided to the User during their interaction with the APP itself. Non-free features subject to payment will be clearly indicated within the APP to avoid confusion or errors by the User. Features may be offered as a one-time purchase for a specific period or on a recurring basis through temporary subscriptions. Hereinafter, such features subject to payment and regulated by these Purchase Terms will be referred to as the “Services”.

 

PRICES AND TAXES

The prices of the Services offered by the APP at any given time will be those shown to the User within the APP. Price changes will not affect orders that have already been accepted by the APP.

Unless otherwise stated, prices shown in the APP do not include taxes or charges (“Taxes”) that may apply to the User’s purchase. Taxes will be shown on the purchase confirmation page. The User is solely responsible for the payment of such Taxes and associated costs.

Depending on the User’s location, some transactions may require currency conversion or be processed in another country. The bank may apply additional fees for conversion or processing services when the User uses a credit or debit card. The User should contact their bank for more information.

Unless applicable law provides otherwise in favor of the User, all purchases of Services in the APP are final and non-refundable, meaning that the Services are considered non-returnable and non-refundable.

 

BILLING

The APP may offer different methods for the User to make payments and be billed for the Services provided.

When the User selects a payment method in the APP:
(i) they declare that they are authorized to use the payment method provided and that any payment information provided is true and accurate;
(ii) they authorize the APP to charge the corresponding amount for any Service purchased; and
(iii) they authorize the APP to charge the corresponding amount for any feature they choose to use or subscribe to.

By clicking “Authorize Payment” or any equivalent indication, the User confirms that the credit or debit card or any card associated with a secure payment platform belongs to them.

If necessary, the User will update their account whenever there is a change in their information, including their email address, credit or debit card numbers, and expiration dates, so that the APP can complete transactions and contact the User regarding them when necessary.

The APP may make the charge:
(i) in advance;
(ii) at the time of purchase;
(iii) shortly after purchase; or
(iv) on a periodic basis in the case of subscriptions, in accordance with applicable law.

 

AVAILABILITY, QUANTITY, AND ORDER LIMITS

Prices of Services and their availability are subject to change at any time and without notice.

Certain digital content of the Services may not be available at certain times or may be offered for a limited time. Availability may be affected by any reason, including the region or location of the User’s device. Therefore, if the User changes the region associated with their account or device, they may need to re-purchase digital content they had already paid for in their previous region.

Unless applicable law provides otherwise, the APP has no obligation to provide a new download.

The APP may impose limits on the quantities of Services purchased per order, per account, per credit card, or per User.

The APP reserves the right to reject, deny, cancel, terminate, or not process any order (including accepted orders) at any time. Only in such cases and at the APP’s discretion, the User will receive a refund of any amount paid for the order for reasons such as: the User not meeting the conditions specified at the time of the order, the payment not being able to be processed, or the Services not being available.

In case of pricing errors, the APP may, at its discretion, (i) cancel the order or purchase, or (ii) contact the User for further instructions. In case of cancellation, access to any digital content of the Services will be disabled.

The APP may disable access to Service content for any reason, such as misuse of the APP. It may also remove or disable digital content of the Services on the User’s device for justified reasons.

The User also acknowledges that they make the purchase at their own risk and that the APP offers the Services “as is”, “with all faults”, and “as available”.

 

MODIFICATIONS TO THE PURCHASE TERMS

The APP may modify the Purchase Terms at any time and without notice. The Purchase Terms in effect at the time the User places the order will govern the purchase and constitute the sales contract with the APP.

Before a subsequent purchase, the APP may have modified the Purchase Terms without notice. Users are recommended to review the Purchase Terms each time they visit the APP.

We recommend saving or printing a copy of the Purchase Terms for future reference when acquiring a Service.