Legal Notice

Service provider and data controller

In Situ 360 is a service provided by INSITU360, S.L., Spanish tax identification number B70687991, with its registered address at Carrer Pujades, 158 bis, 3rd floor, 08005 Barcelona, Spain.

The company is registered with the Barcelona Commercial Registry under company sheet B 612317. Its initial registration details are volume 49226, page 1, section 8, entry 1, recorded on 9 April 2024.

Contact email: support@in-situ360.com. Telephone: +34 666 445 481.

In these documents, “In Situ 360”, “we”, “us” and “the company” refer to INSITU360, S.L.

Acceptance of terms and privacy choices

Creating an account and purchasing services require acceptance of the terms presented for those activities. Before entering into a contract, users must be able to review and retain the applicable terms.

Merely visiting the website does not, by itself, constitute acceptance of a paid subscription or consent to advertising, technologies requiring consent, or processing for optional purposes.

The Privacy Policy explains how personal data is processed; it is not a blanket authorisation for any processing. Accepting the service terms does not replace any separate consent that is required. Data necessary to provide a requested service may be processed on the appropriate legal basis without presenting that processing as optional consent.

Refusing marketing communications or optional analytics will not prevent access to functions that do not legitimately depend on that processing.

Minimum age and representation

In Situ 360 is intended for people aged 18 or over. People under 18 may not create or use an account, even with permission from a parent or legal guardian. Being technically able to complete registration does not establish eligibility.

Anyone creating or managing an account on behalf of a company or organisation must have sufficient authority to represent it. Published information and content must be accurate and respect the rights of the people concerned.

If you believe an account belongs to someone under 18, you may report it to support@in-situ360.com with the minimum information needed to locate it. Do not send identity documents or other sensitive information unless this is reasonably requested through an appropriate channel.

When we become aware of an account that does not meet the age requirement, we will take the necessary steps to restrict its use and address deletion of the data, subject to applicable preservation or safeguarding obligations. This eligibility rule does not exclude legal obligations that may arise concerning children's data.

Comments or reviews

The Website / APP offers the possibility for users to post opinions or reviews about other users or their services. Under no circumstances do such reviews constitute a binding opinion, offer or proposal on the part of the Owner. As comments may be accepted in this section, the Owner of the Website / APP is not responsible for the opinions expressed by the same, and reserves the right to delete offensive or denigrating comments or reviews and to block and prevent future comments from the authors of such comments. Similarly, the Owner may delete the entire profile of the user if it deems it necessary given the conduct carried out by the user.

Intellectual property and user content

In Situ 360's brand, software, design and proprietary materials belong to INSITU360, S.L. or their respective owners or licensors. Using the service does not transfer those rights.

Users retain their rights in their photographs, videos, audio, text, portfolios and other content. Publication on the platform does not transfer ownership to In Situ 360. Anyone providing content must have the necessary rights, permissions and other lawful grounds, including those concerning identifiable people appearing in it.

By adding content to the service, you grant In Situ 360 a non-exclusive, worldwide licence, without additional remuneration, solely to the extent necessary to host, store, technically reproduce, adapt for display, transmit and display it in accordance with the requested functionality and relevant audience. We may allow service providers involved in delivering the service to perform those operations, solely for that purpose and subject to applicable requirements.

The licence does not authorise independent sale of the content, use in advertising campaigns unrelated to the presentation of the service you have requested, or training of general-purpose artificial intelligence models. Any additional use requiring separate authorisation or a specific legal basis must have that authorisation or basis.

The licence ends when the content is removed from the service, except for operations strictly necessary to complete removal and uses or retention permitted by law. Backup copies or copies lawfully retained by other people do not give In Situ 360 a general right to exploit the content afterwards. Applicable rights to deletion, retrieval of content and data protection will be respected.

Trademarks and associated logos

The brands incorporated in the Web Page / APP belong to their owner or to third parties, with their authorisation for their use in the Web Page / APP.

Those who browse the Website / APP are prohibited from using, reproducing, copying, modifying, distributing or exploiting such trademarks, logos and distinctive signs without the authorisation of the owner or licence to use them. In any case, the Owner shall be exonerated from liability for the improper use of third party trademarks carried out by users.

The Owner may request the immediate removal of any content in which its trademarks or logos are used without prior authorisation, whether on the Website / App, as well as on Social Networks or third party websites.

In Situ 360's role and liability

In Situ 360 facilitates professional and business profiles, professional discovery, publication of information and connections between users. The terms of an In Situ 360 subscription are separate from the terms of work or services that users agree between themselves.

Unless expressly stated otherwise for a particular transaction, INSITU360, S.L. is not a party to a professional contract between users and does not act as the employer, representative, insurer or guarantor of anyone publishing a profile. The parties are responsible for checking identity, authority, permits, insurance and other conditions relevant to their professional relationship. The presence of a profile, portfolio or review does not, by itself, certify those matters or promise employment, engagements or results.

People who publish content or provide information are responsible for their own conduct as provided by law. This does not remove In Situ 360's obligations concerning its own service, personal data processing or action in relation to illegal content.

Uninterrupted availability and the complete absence of errors are not guaranteed. This statement does not exclude applicable duties of care, security, service conformity or remedies. Nor does it limit liability for intentional misconduct, gross negligence or any other liability that cannot lawfully be excluded or limited.

Links to external services do not mean that In Situ 360 controls their content or terms. Review the provider's information before using an external service. Nothing in these terms limits mandatory rights of consumers or other people protected by applicable law.

Suspension of the Website / APP

The operation of the Website / APP is based on servers of service providers, connected through public and private communications infrastructures.

The owner of the Website / APP will make every effort to ensure the proper functioning of the Website / APP, however, it cannot guarantee the absence of interruptions for technical reasons for the purpose of carrying out repairs, and/or maintenance or lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond its control.

Thus, access to the Website / APP may be suspended for reasons of force majeure (unforeseeable causes or causes which, foreseen or foreseeable, are unavoidable) such as those listed below, but not limited to:

• Failures in the electricity or telephone network supply,
• Virus attacks on the servers supporting the Website / APP.
• User errors in accessing the Website / APP.
• Fires, floods, earthquakes or other acts of nature,
• Strikes or labour disputes,
• War or other situations of force majeure.

The Owner of the Website / APP is exonerated from any kind of liability if any of the circumstances indicated in this stipulation should materialise.

User responsibility

Users must comply with the law and these Terms, respect other people and their rights, and are responsible for harm caused by their unlawful or culpable conduct to the extent established by applicable law. This does not transfer to users responsibilities that legally belong to INSITU360, S.L.

Provider responsibility

INSITU360, S.L. is responsible for operating the service with the diligence and protections required by law. It is not responsible for harm caused exclusively by a user's breach, a third party outside its reasonable control or the user's compromised device, but no clause excludes liability that cannot lawfully be limited, including mandatory consumer and data-protection rights.

User obligations

The User is fully responsible for the access and correct use of the website, and especially of his/her profile. This use must comply with current legislation, as well as with the principles of good faith, morality, good customs and public order.

The User may not, at any time, modify, alter or delete any data, information, content or element or content included in the Website / APP.

Users must use the services made available to them in a diligent, correct and lawful manner. Under no circumstances may they disseminate content or propaganda of a racist, pornographic, xenophobic nature or that in general advocates criminal, violent or degrading acts against people and fundamental rights.

The User may not include software, viruses, malware or any other agent harmful to computer systems that may damage or alter the devices or terminals of the company or other Users.

The User may not use the Website / APP to slander, defame, intimidate, violate the right to self-image or harass other Users, and shall in any case refrain from using the e-mail accounts of other Users.

The User shall be solely liable for any damages that may be caused by failure to comply with the conditions and obligations set out in these Conditions.

The User is prohibited from transmitting, including or disseminating advertising of himself or of third parties through any means available on our Website / APP, if he has not obtained the express authorisation of the owner of the same.

Hyperlinks

Any references on the Website / APP to other websites of third parties are for information purposes only. The owner of the Website / APP does not develop or manage these pages and is not the owner of the aforementioned Internet addresses unless expressly indicated. Therefore, the latter shall not be liable for the contents incorporated therein, nor for any damages or losses arising from such access, nor for those generated by the services they provide.

The owner of the Website / APP authorises the establishment of links and hyperlinks from other websites or applications. However, anyone who intends to establish a link between their website and the Website / APP shall do so in accordance with the following conditions:

• The web page on which the link is established shall not contain information or content that is illicit, contrary to morality, good customs, public order or any third party rights.

• It shall not be stated or implied that the owner of the Website / APP has expressly authorised the link or that it has previously supervised, assumed or recommended in any way the services offered or made available on the website or in the app that establishes the link to the Website / APP. Anyone browsing the Website / APP is therefore advised to exercise extreme caution when evaluating and using the information, content and services available on the linked sites.

• The establishment of the link does not imply, in any case, the existence of a relationship between the owner of the Website / APP and the owner of the website or app in which the link is incorporated.

• The use of framing techniques, or any action that may give the impression that the content of the Website / APP is part of another website, without the explicit consent of the owner, is prohibited.

Protection of personal data

The owner of the Website / APP undertakes to process the User's personal data in accordance with the provisions of the legislation in force in this area. Specifically, it undertakes to apply the provisions of General Data Protection Regulation 679/2016 of 27 April 2016.

Full information on this matter can be found in our Privacy Policy.

Governing law, local rights and language

These terms are governed by Spanish law. This choice does not deprive consumers of the protection of mandatory provisions that apply to them, including, where applicable, the law of their habitual residence.

Disputes are subject to the courts with jurisdiction under applicable rules. Consumers are not required to submit exclusively to the courts of Barcelona or to waive remedies, collective actions or other rights that cannot validly be restricted.

Different language versions must be interpreted consistently. No language rule overrides binding contractual information given to a consumer in their language, resolves ambiguity against them, or excludes mandatory rights. The invalidity of one provision does not affect the others where the contract can lawfully continue without it.