Terms of Use

Delta Attitude is a mobile phone and tablet application for various platforms, developed and offered to you by Caeteris Paribus Solutions, SLU ("CPS"). It enables its users to track and manage their corporate finances by placing their orders or expenses on Delta Attitude. Your use of the Delta Attitude mobile phone application and all the related services provided through it (collectively referred as "Delta Attitude") is subject to the terms of a legally binding agreement ("Terms") between you and the CPS.

Delta Attitude is currently available for download free of charge, however it contains in-app Advertising and in-app purchases to unlock additional features ("PRO features").

Language

English is a primary language of communication between you and the CPS. All information about Delta Attitude is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.

Acceptance

These Terms regulate the legal relationship between you and the CPS. You may not use Delta Attitude if you don't accept them. The Terms are always made available to you prior to the download of Delta Attitude application. By downloading, installing, using or otherwise accessing Delta Attitude, you are expressing your acceptance and willingness to be bound by the Terms.

You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use Delta Attitude.

Term and Termination

The Terms will remain in full force and effect while you use Delta Attitude and until terminated by either you or the CPS.

Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them.

You may terminate the Terms at any time and for any reason by sending a written notice to the address of the CPS and deleting the Delta Attitude application. Refund of your purchases is not possible.

CPS may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.

Amendments

From time to time, CPS may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through Delta Attitude application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of Delta Attitude, you are expressing your acceptance of the changes. If you don't agree with the changes, you may terminate the Terms at any time.

User generated content

You may enter and upload texts, numerical data, photos or other content to Delta Attitude. You retain copyright and any other rights to the content that qualifies for a legal protection. For such content you grant CPS a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.

You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes copyright or any other third party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of Delta Attitude.

CPS reserves the right to remove or disable access to any user content for any reason.

CPS has no responsibility for the accuracy of the content you provided or which was created by Delta Attitude based on your input.

You are solely responsible for backing up the content you enter or upload to Delta Attitude.

License and ownership

Delta Attitude application and all rights therein, including intellectual property rights, shall remain CPS's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to the Terms, CPS grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Delta Attitude and its PRO features purchased pursuant to the Terms on any same-platform device that you own and control. The license is granted solely for your personal, non-commercial use. Third party services or libraries included in Delta Attitude are licensed to you either under these Terms, or under the third party's license terms, if applicable.

Based on your license, you may not access Delta Attitude with other means than the mobile phone application, mine or extract any data from Delta Attitude databases, modify, reverse engineer, decompile, dissasemble or create derivative works of Delta Attitude application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Delta Attitude application.

Hardware and System Requirements

Information about the current hardware and system requirements of Delta Attitude, technical restrictions and other limitations are always available on the platform-specific page of the application.

PRO Features and Prices

Delta Attitude application is available for download free of charge. Free version displays ads in default and allows you to use only the basic features of Delta Attitude. You can unlock an add-free version or other PRO features by in-app purchases.

Current detailed information about the in-app purchase offer is always available on the platform-specific page of Delta Attitude or within the Delta Attitude application.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

CPS does not guarantee that Delta Attitude or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing at any time.

Downloading or using Delta Attitude may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase selected PRO features or subscriptions simply by pressing the "BUY" button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.

By pressing the "BUY" button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.

In a case you are a consumer with your normal place of abode or residence in the European Union, by pressing the "BUY" button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.

Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a succesful transaction by unlocking PRO features in Delta Attitude. It proceeds by electronic means and is not subject to any extra fees.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and Delta Attitude will be downgraded.

Distribution platforms accept various payment methods, including but not limited to, credit and debit cards, gift cards or PayPal.

CPS itself doesn't store any payment information nor process payments. Distribution platforms or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are not provided.

Your use of Delta Attitude

You must use Delta Attitude only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.

Registration and User Account

In order to be able to access all features of Delta Attitude you have to sign up. You agree to provide accurate, truthful and current information and keep it up to date.

You must keep your account login information confidential and secure and you may not share it with anyone. You are solely responsible for any activities that occur under your account.

CPS reserves the right to refuse your registration or suspend your Delta Attitude account at any time.

Maintenance and Support

Delta Attitude is subject to a continuous development and CPS reserves the right, at it's sole discretion, to update the Delta Attitude application, change the nature of Delta Attitude or modify or discontinue some of the features without prior notice to you. You acknowledge that CPS has no obligation to maintain or update Delta Attitude.

CPS does not guarantee an uninterrupted provision of the services. Delta Attitude may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond CPS's control.

If you have some questions, problems or suggestions, you can reach the CPS via contacts provided hereafter. However, you acknowledge that the support to non-paying users of Delta Attitude is limited due to the limited capacity of the CPS.

Privacy

Some features of Delta Attitude may be used only if you consent to your personal data being processed. All information, including the extent and the manner of processing your personal data is included in the "Privacy Policy", which forms an integral part of the Terms.

You can withdraw your given consent at any time by deleting your Delta Attitude account and the Delta Attitude application.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE DELTA ATTITUDE, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION OR MODIFICIATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF DELTA ATTITUDE, EVEN IF CPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE CPS'S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL CPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY EUROS (50.00 €). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DELTA ATTITUDE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to indemnify and hold CPS, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of Delta Attitude, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees.

Third-party Services

Delta Attitude or its parts may include third-party services or content. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third party terms of agreement when using Delta Attitude.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you:

You acknowledge that the Terms are concluded between you and the CPS only, not with Apple, and that the CPS, not Apple, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you must be limited to use Delta Attitude only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Delta Attitude may be accessed and used by other accounts associated with the purchaser via Family Sharing.

CPS and not Apple is solely responsible for providing any maintenance and support services with respect to Delta Attitude. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Delta Attitude.

In the event of any failure of Delta Attitude to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Delta Attitude, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the CPS

CPS, not Apple, is responsible for addressing any your or third party claims relating to Delta Attitude or your possession and/or use of Delta Attitude, including, but not limited to, product liability claims, any claim that the Delta Attitude fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that, in the event of any third party claim that Delta Attitude or your possession and use of Delta Attitude infringes that third party’s intellectual property rights, CPS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of Spain. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the CPS.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Complaints and Contact Information

Your questions, complaints or claims with respect to Delta Attitude should be directed to:

Caeteris Paribus Solutions, SLU

C/Quart 23-6. 46001 Valencia – España


e-mail : contact@da.caeteris.com