GENERAL TERMS OF USE

XIRIO is a software product from Aplicaciones y Proyectos TIC, S.L. (hereinafter, APTICA). The application is presented and marketed under different modalities and derived brands such as XIRIO ONLINE or XIRIO CORPORATE. In all cases, their use is subject to the General Terms of Use below.

These General Terms of Use do not exclude the possibility that certain services or utilities offered are subject to special conditions of use, which in any case will be warned and may be consulted by the user prior to activation.

The fact of using effectively the services provided by XIRIO implies that the User accepts and acknowledges the present General Conditions of Use. You, the User, could neither use the services nor accept these conditions if you are underage or do not have the legal capacity to receive services in accordance with Spanish or country of residence law.

Provision of services

XIRIO provides radio network planning services through the portal "PLANNINGTOOL" and radio results publishing services through the portal "SHAREPOINT". The access to both services is free.

XIRIO also provides supplementary payment services and informs the user accordingly. These services require explicit approval from the user prior to access.

XIRIO is a tool in continuous innovation and therefore the User acknowledges and agrees that the form and nature of how XIRIO provides services may change from time to time without notice. The User also acknowledges and agrees that the system administrators may stop (temporarily or permanently) the provision of services, or modify the conditions and limits of their use, or any of their features without prior notice, without prejudice to the specific obligations assumed by APTICA with users who accessed payment services accepting the Special Conditions of Use of those services.

For the purpose of providing technical support to the customer for the use of any of the services provided, XIRIO makes available the email address support@xirio-online.com where you can send your questions and comments.

In order to use and manage XIRIO, the User accepts that the contracts, notifications, notices and communications sent to him or her electronically have the validity of a written communication, unless any legislation applicable with imperative nature requires a different form of communication.

Access to the services

To have access to certain services, the User may be requested to provide information regarding himself or herself (such as identification or contact information) as part of the service registration process, or as part of the continued use of them. The User accepts that the registration information provided to XIRIO will be accurate, correct and updated at all times.

The User is responsible for maintaining the confidentiality of his or her account information and password, as well as restricting access to his or her computer and other devices to third parties. The User is in the obligation to take all the necessary measures to ensure and protect the confidentiality of his or her password and must immediately inform to APTICA in case he or she has reasons to believe that his or her password has been revealed to a third party, or if it has been used in an unauthorized manner or it is susceptible to be so.

APTICA grants the User a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the services offered by the tool for personal and/or professional purposes in compliance with the General Terms of Use of XIRIO. This license does not include any rights of resale or commercial use of the XIRIO services to any third party as property of the User. The reproduction, duplication, transfer, copying, sale, resale or exploitation of any type of services offered by XIRIO is not permitted without prior written consent of APTICA.

APTICA grants a license with an exclusive access for each User. In the event that the contract with a specific customer expressly establishes a certain number of users, as many accounts as users contracted will be enabled. The use of services is neither allowed nor guaranteed at any case when several people access to the application concurrently and identified as a single user.

In case of non-compliance with these General Terms of Use by a User, APTICA reserves the right to terminate the User's right to access and use the platform without prior notification.

Uses of services

The User agrees to use the services provided by XIRIO solely for the purposes permitted by the General Terms of Use and never in a manner contrary to good faith, nor to laws in Spain or hir or her country of residence.

The User agrees not to access (or attempt to access) services by any means other than through the interface provided by XIRIO. The User also agrees not to participate in any activity that interferes with or disrupts the operation of XIRIO services (or the servers and networks that are connected with the services).

It is not allowed to separate any of the individual components of the XIRIO software for use in other programs or compile any part with other programs, nor transfer it for use in conjunction with another service. No rights of the XIRIO software could be sold, leased, loaned, lent, distributed, sublicensed or trasnfered in any other way, either partially or entirety, without the explicit written authorization from APTICA.

It is also not permitted to encourage, assist or authorize any other person to copy, perform reverse engineering acts, decompile or disassemble, or manipulate in any other way, the XIRIO software, neither partially nor entirety, nor to create derivative works from or over the XIRIO software.

No systematic extraction or reuse or resale of any part of the services offered by XIRIO is allowed without the explicit written consent of APTICA. In particular, it is not permitted the use of tools or robots for searching and extracting data to access the tool or to launch massive processes in it.

The User agrees to be solely responsible for any breach of his or her obligations under the General Conditions of Use, as well as responsible for the consequences of such failure.

If the User wants to give XIRIO a use that is not contemplated as an authorized use or is not in accordance with the relevant licensing model, he or she must first obtain the written permission from APTICA, which may imply the acceptance of additional fees by the User.

Intellectual property

The User acknowledges that the elements and utilities integrated into the portal XIRIO are protected by copyright law. The User also acknowledges that APTICA is the owner of the rights of intellectual property. Accordingly, the User agrees to abide by the terms and conditions established by the General Conditions of Use, and to be solely responsible for its breach in front of third parties.

The User acknowledges that the reproduction, modification, distribution, sale, decompilation, disassembly, reverse engineering techniques or other means of obtaining the source code of the application, processing or publication of any result of reference tests unauthorized of any of the elements and utilities integrated into XIRIO is an infringement of intellectual property rights owned by APTICA. Therefore, the user obliges himself or herself not to do any of the above actions.

The title and property rights of XIRIO and the portals that host the application will be in any case owned by APTICA, and therefore the user agrees not to remove or alter any distinctive sign used as a trademark or trade name (graphics, logos, etc.), any elements protected under copyright or other notices, legends, symbols or labels appearing on the site.

Unless APTICA gave explicit written consent, the User cannot transfer or sublicense to third parties his or her rights of access, rights to use the software or contents posted and/or maintained in XIRIO.

Cartographic management

XIRIO allows, completely free, managing cartographic information through the Google Maps API. By accepting the General Terms of Use of XIRIO, the User accepts and recognizes the Google Terms of Service and Conditions of Service of Google Maps. APTICA is not responsible for the performance or quality of Google Maps.

XIRIO can use different types of digital maps that can be owned either by APTICA or by third parties. In all cases, XIRIO indicates who the owner of the maps displayed and used in the calculations is, and provides access to the specific Condition of Use of each cartographic provider.

APTICA is not responsible for the accuracy, availability and veracity of data provided by the cartographic providers.

Liability

APTICA will do its best to ensure the availability, without interruptions, of the XIRIO services, and also the absence of errors in any calculation, result and transmission of information that may occur. However, due the nature of the software and Internet, it is not possible to guarantee such extremes in all cases. Likewise, for the purpose of carrying out repairs or maintenance work or the introduction of new services, the access to the tool may be occasionally suspended or restricted. APTICA will try to limit the frequency and duration of such suspensions or restrictions.

Services provided for free by XIRIO are provided "as they are" and APTICA grants no guarantee regarding them. In particular, APTICA does not ensure continuity and availability of service nor the correction of defects in the application.

APTICA shall not be responsible, in the case of free services, of the malfunction of the portal XIRIO if it is due to maintenance work, incidents involving international operators, a faulty configuration of Customer's equipment or its insufficient capacity to support the computer systems required to use the services.

APTICA is not liable for (i) any loss that is not attributable to non-compliance on its part, (ii) business losses (including loss of profit, income, contracts, anticipated savings, data, financial goodwill or unnecessary expenses incurred), nor (iii) any loss associated with actions related to the interpretation of data and results generated with the tool. The User is solely responsible for the results obtained through the use of the application.

Changes in the terms

APTICA reserves the right to modify at any time these General Terms of Use. When such changes occur, they will be updated in the appropriate section accessible from the portal XIRIO.