AppFutura is an intermediation platform for clients and developers, and intercedes therefore to implement effectively the resolution of developments. Developments are tendered as competitions on AppFutura (hereafter “projects”) and rights of use to the submitted proposals are mediated.
The client enters a project on AppFutura at www.AppFutura.com (hereafter “AppFutura” or “us/we”); the developer enters own proposals as offers to the client. The client receives the rights of use by paying the project price agreed in advance to the developer.
Registered users are described as “members” (hereafter “members” or “you”); if you enter a project, you are described as a “client”, if you enter a development proposal, you are described as a “developer”.
2.1. - The Terms and Conditions of Use apply to the utilisation of AppFutura, regardless of the accessed domain or sub-domain.
2.2. - The contracting partner of all members is AppFutura Feliu-Grau Grup Inversor, S.L. Spanish company owner of the website.Address: Carrer Sant Francesc, nº 4, Cerdanyola. Spain Tax Identification number B-6543313. (hereafter “AppFutura” / “we”), which creates and operates AppFutura.
2.3. - The Terms and Conditions of Use also apply if the website or parts of it are accessible from other websites, which entirely or partially enable access to AppFutura.
3.1. - Scope
Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of AppFutura and declare your consent. With the activation of your access to AppFutura via the login section, a corresponding contractual relationship is created between you and AppFutura.
Supplemental agreements can apply to specific functions and offers. If such a supplement exists, we explicitly refer you to this supplemental agreement, which you acknowledge as binding for you by usage.
3.2. - Membership
Upon registration, you will become a member of AppFutura if you are of full age and do not register as a consumer, but rather, as a merchant for your commercial or professional activity. According to tax laws, you’ll have to be able to provide proven certification of your company registration and/or VAT number certificates needed to comply with VAT regulations. No entitlement exists to membership; we can refuse membership, subject to specific reasons. If membership has been refused or terminated by us, re-registration is prohibited. The member’s data is to be provided truthfully and kept updated in case of any changes. The access data to the platform are to be kept confidential. The user name, which you provide, must not violate prevailing laws and morality.
Only one membership or user access is admissible per person/company/department, which is not transferable.
3.3. - Content created by members
For the creation of portal content (project entry, uploaded proposal, comments or other types of user contributions), in addition to these Terms and Conditions of Use, you must observe prevailing laws, in particular, no copyright/trademark or other infringements of intellectual property rights may be committed or personal rights injured.
The content of the entered projects, proposals and user communication are exclusively created by the members. We assume no liability for this.
3.4. - Rights of use of ideas, proposals and other content provided by the user
3.4.1 - With the uploading of any content, particularly proposals, you must ensure that you hold the necessary rights of use. As a developer, you must ensure that you are fully authorised and in a position of being able to transfer the respective, contractually agreed rights of use to the client.
3.4.2 - Pre-made and third party created templates are not allowed in AppFutura.
3.4.3 - You acknowledge that AppFutura does not check or endorse or assume any liability for content, which is provided by you on AppFutura.
3.5. - Transfer of rights of use between client and developers
3.5.1 - The contract concerning the transfer of rights of use of content provided by the developer and the effective contract relationship through payment of the previously established remuneration is exclusively to be solved between the client and the developer, who the client selects as the winner. We assume no liability for this.
3.5.2 - The proposal's rights of use are only transferred to the client, to the contractually agreed extent between the client and developer, on fully effective payment of the agreed project price to the developer. In particular, until selection of the winner has taken place, you, as client, shall not be entitled to use them and shall commit to the respective developers not to use the proposals.
3.5.3 - AppFutura recommends signing a private agreement between parts establishing the width of the rights of use of the winning proposal. If no agreement between client and developer has been signed, by paying the project's prize for a winning proposal, the client receives from the developer the definitive, unlimited in time, regionally unrestricted rights of use, both in content and form, established within the contract relationship, of the developer work in all physical, analogue and digital formats, and therefore free to use it. The rights of use comprehend, among others, the authorization to replicate, to distribute, to lease, to loan, to archive, to modify, to broadcast, to film or to allow any public media its use, specially in printed media, TV and media services, internet, film, radio, video, databanks, networks as telecommunication, mobile, data and broadband infrastructures, and any data storing devices, no matter if these devices are intended for transmitting, sending or storing.
The developer transmits to the client specially these rights:
3.6. - Granting a restricted right of use
3.6.1 - As developer, you grant us a restricted, basic right of use to the provided content when entering a proposal, in order to also provide these on AppFutura after the end of the project, as well as also using it for marketing campaigns within the context of AppFutura in other media (on-line and off-line) as references.
3.6.2 - As client, you hereby grant us a basic right of use to the proposals that you acquire from the developer, in order to also provide these on AppFutura after the end of the project, as well as also using it for marketing campaigns within the context of AppFutura in other media (on-line and off-line) as references.
3.7. - Project/Purchase
3.7.1 - The client is obligated to prepare the briefing with great care, as well as providing feedback on the proposals during the term of the project without delay, as well as answering questions from the developers in a maximum time frame of two days.
3.7.2 - The briefing must correspond to applicable law. If the briefing should violate prevailing laws, morality or third party rights, we reserve the right to immediately delete the project and reserve the right to claim compensation against the contract violating party, with the same applying to submitted proposals and false contact details.
3.7.3 - With submission of the design proposal, the developer declares that he has examined the development and underlying image, audio and other media with regard to copyrights, ownership rights, trademark rights and personal rights, etc. and excludes violations of third parties. If the developer should use third party materials, to which the client must acquire the rights, upon submitting the proposal, he must clearly inform the client about this circumstance and specify the source of the licensing, as well as the anticipate licence costs. Any omission from the developer about costs and origin of licence will mean that the developer will assume those costs from the end price of the project. With the submission of a proposal, the developer is also issuing the client a binding offer, to transfer/grant the rights of the proposal at the specified conditions. This offer is accepted by client if and by means of him selecting the proposal as the winner.
3.7.4 - The developer of the winning proposal, after election and under client's direct request, will be subject to little modifications of his proposal, in order to adjust them to the final result (one correcting period). By submitting a proposal, developer is accepting this and remarking that he/she is capable to communicate orally with the client, and therefore able to resolve the correcting period. If this correction period fails due to an insufficient language level from developer, client will have the right to reject any payment.
22.214.171.124 - The client has to send to the developer his/her corrections in written and electronically within a week after choosing a winner. By fulfilling this condition, the time frame might be extended one more week.
126.96.36.199 - The developer has to fulfil all corrections stated by the client within a week after receiving the written communication..
188.8.131.52 - Payment of project's price stills an obligation even though there are accidental lacks, which do not or do partially block final proposal's functionality.
Likewise, it exists an obligation of payment whenever there's a usage of the proposal.
184.108.40.206 - It will only be possible to reject project’s prize payment whenever proposal does not suit the adjustments or corrections stated by the client, or whenever the final archive does not respect the technical specifications mentioned in brief and/or correction round. In this case, developer is obliged within 7 days after receiving this communication to correct these flaws and to provide an improved submission to the client by uploading it at AppFutura.
If developer fails to accomplish this requirement with no pressing reasons that make impossible its resolution, the client will be entitled to fully reject any payment of the project’s price.
If client rejects to release the payment, even though implementations have been done within the mentioned time frame, AppFutura will be entitled to proof the technical aspects of the final submission and to offer an intermediation solution, which will be binding for both parties.
3.8. - Economic conditions. Fees
3.8.1 - Fee amounts will be stated in the near future. According to the “Fee system directive”, AppFutura will be able to change, reduce or increase the fees.
3.8.2 - Fees for creating a project as other functions subject to payment, but those regarding Service Charges, are to be paid at the beginning of the project, plus any applicable VAT.
3.8.3 - AppFutura has the right to send to clients and developers the corresponding invoices via E-mail.
3.8.4 - Payment of fees will be made through an electronic payment system. Client commits him/herself to provide AppFutura with his/her actual details during project's extension. If payment is refused, or any mistake happens that lead to an invalid payment, client will be enforced to transfer to AppFutura's bank account within 14 days the debted amount plus any other service charges, if any. Without discharge of any other right, AppFutura will be entitled to cancel access to any client by not successful payments, if AppFutura warns with cancellation in written with 14 days advance. AppFutura is also entitled to cancel an account earlier than the 14 days period due to urgent reasons.
3.8.5 - Fees are stated as a net price, and VAT and taxes shall be added, if any.
The project price defined by the client is a net price. This does not include any possible transaction turnover taxes, stated in the respective applicable amount.
3.8.6 - Client authorizes AppFutura by creating a project to withdraw correspondent fees through electronic payment system. If client chooses the Prepaid variant, he authorizes AppFutura to withdraw the total amount of the project and/or any applicable transaction taxes with this electronic payment system, if client refuses to accomplish his duty of choosing a winner.
3.9. - Rejecting / amending / deleting users, projects, content and comments
3.9.1 - In case of violations of third party rights or other legal regulations, we reserve the right to block or delete members, project, proposals, comments and other content without prior notice, as well as arranging other measures, in order to prevent misuse of AppFutura.
3.9.2 - AppFutura will be entitled to cancel an account if any important reason is provided, and therefore to erase his/her details and data, and to forbid any future usage of the platform to that user. An important reason would be any infringement of conditions stated in section 4. This also applies if a client provides false details. If an account is cancelled, there will be no restoration right for his/her profile. A cancellation shall be also applied if fees are not properly paid.
3.9.3 - There will be no entitlement to refund any fee if client's account has to be cancelled without warning period. These fees will be kept by AppFutura as a compensating service charge.
3.9.4 - If a client/user has the right to cancel his/her account immediately, fees shall be refunded if given important reasons are exclusive responsibility of AppFutura.
3.9.5 - In order to restore the platform in case of technical problems, we reserve the right to change over to an older content status. The members have no entitlement to have all of their entered content available to an unlimited extent.
3.9. - Availability and enhancement of the AppFutura platform
3.10.1 - We make AppFutura available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content.
3.10.2 - No warranty is assumed for the availability of AppFutura. Liability for the consequences and losses incurred due to reduced availability is excluded.
4.1.- Liability by the member
You shall be obligated to exempt and hold us harmless from any types of legal actions, damages, losses or claims that could arise through your registration and/or participation in projects. You are particularly obligated to exempt us from any liability and claims, which arise from losses incurred due to defamation, libel, infringement of personal rights, due to stoppage of services for other members, an infringement of these rights of use, violation of intangible goods or other rights.
You are obligated not to abuse AppFutura, particularly:
4.2.- Our liability
The liability for the offered rights of use lies exclusively with the user.
We assume no liability for the trustworthiness of the user data provided; the liability for all consequences of violations against third party right or other legal regulations from participating in the project by submitting proposals lies exclusively and fully with the participating members.
If the user data is used abusively by, for example, being passed on in an unauthorised manner or not sufficiently protected, the respective member shall be held liable for the loss incurred.
Furthermore, our liability against users for damages is limited as follows:
Our liability for losses arising from the contract or prohibited acts is limited to premeditated misconduct and gross negligence.
To the extent that our liability is excluded or limited, this will also apply to the personal liability of our employees and authorised representatives.
Our liability is limited to the anticipated damages or loss typically anticipated within the contest of this contract. This limitation shall not apply to compensation claims on the basis of premeditated misconduct or fraud on our part, to liability cases in relation to explicitly guarantee quality characteristics, to claims within the context of product liability law or to losses arising from death or personal injury.
We shall not be held liable for data loss or damage to data, to the extent that a loss would not have occurred in the case of proper data backup, unless we have failed to properly inform the members about data backup measures.
In order to provide the agency service, we must enter, process and use data. The data entered on AppFutura is saved in accordance with the data protection provisions that are valid in Spain and not disclosed to third parties, unless it is necessary for the provision of the agency service or a legal obligation exists for disclosure. You declare your agreement to the saving and processing of your data in accordance with the legal data protection principles.
Members are notified by e-mail regarding certain project events and invoice information.
The contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of one week. During the term of the cancellation notice period, we are entitled to block members and remove entered projects or submitted proposals within the cancellation period.
We are entitled to fully or partially transfer all rights and duties arising from the utilisation relationship to third parties, after an information period of four weeks. If a member should object to this, he shall only have the option of terminating his membership by deleting the access.
This website uses Google Analytics, a web analytic service provided by Google Inc. (“Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information with evaluating purposes of your use of the website, compiling reports on website activity for website operators and providing other services relating relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
If you're not using the service for your commercial or freelancer professional activity, you're entitled to this right of revocation.
Power of revocation
Right of revocation:
You're entitled to revoke your contractual statement without further reason within 7 days in written format ( i.E. by letter, fax or E-mail).
Consequences of the revocation:
Your revocation right will be prematurely expired if the contract has been fulfilled from both parties at your specific request, before you have used your revoking right.
9.1. - Applicable law and legal jurisdiction
The legal jurisdiction for all legal disputes arising from or in connection with the utilisation relationship between you and AppFutura is Barcelona.
The Spanish law exclusively applies to the contractual relationship between you and us.
9.2. - Written form, declarations
Changes or amendments to the contract concluded between you and us are only valid if they have been agreed in writing. This also applies to a change to this written form clause. All declarations issued by us can be sent to you electronically.
9.3. - Change to the Terms and Conditions of Use
We reserve the right to change these Terms and Conditions of Use at any time and without specifying reasons. Such changes will be notified to you by e-mail. You will be provided with the opportunity of saving or printing out the changes in a readable form. These changes shall be regarded as approved, if you do not object in writing or by e-mail. We shall specifically point this consequence out to you upon notification. You must send the objection to us within four days after notification of the changes.
9.4. - Severability clause
If a provision of these Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions. The invalid provision shall be regarded as replaced by one which comes closest to the commercial purpose of the invalid provision in a legally valid manner. The same shall apply to possible regulatory holes.
9.5. - Saving of the contract text
Within the context of concluding the contract, we do not save the contract text with the General Terms and Conditions. You are therefore advised to save the contract text that is valid at the time of concluding the contract and accessible on our website on your hard disk, or to archive it in another manner.
Terms and Conditions version 1 valid from 01.06.2012
The data protection policy governs access and use of the website www.AppFutura.com (hereinafter, the “Website”) that the company Feliu-Grau Grup Inversor, S.L. (hereinafter, “AppFutura”) makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").
AppFutura informs its Users that files containing personal data of users and customers have been created by AppFutura and are dully filed with the Data Protection Registry.
AppFutura does not sell or rent its users’ personal data to third parties with commercial purposes without the users’ prior consent. However, AppFutura is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of its policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents.
The Users personal data are collected with the following purposes:
The User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary.
The User guarantees that the personal information provided is true and agrees to inform AppFutura of any changes to the same.
The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards AppFutura or third parties, by virtue of using the services offered by AppFutura.
By filling of the form and sending his or her personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by AppFutura.
Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by AppFutura for the indicated purposes.
The User registered through its Google or Facebook is transferring his/her Google or Facebook data to his/her AppFutura user profile.
By doing so, the User will link its Google or Facebook profile, when applicable, with its AppFutura profile, and the User who was not previously registered will be registered in AppFutura, accepting the Website’s legal terms, in order to carry out such linking.
By completing and submitting an electronic form to AppFutura, Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:
AppFutura has established mechanisms by which users can reject said services, simply and at zero cost.
To do so the user must enter the access menu and de-activate the relevant sending options in the electronic communications section. Users can also deactivate this service by clicking on the unsubscribe option at the bottom of the e-mails received.
AppFutura informs its Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.
The User is entitled to access this information, correct it if there are mistakes and cancel their AppFutura account.
Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password.
If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can contact us directly at firstname.lastname@example.org indicating the reference matter.
Personal data processing, as well as commercial electronic communications, are in accordance with the regulations currently in force.
AppFutura reserves its right to modify this policy to adapt it to future legislative or case law developments.
Unless a specific local regulation sets forth the contrary, the Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by Spanish law.