Effective date: October 20, 2020
Trecone Solutions SL (“Trecone”, “we” or “us”), a Spanish company, supplies the content and services available on its mobile application (the “App”) and, when applicable, its related website (the “Website”)(together, the “Services”) . subject to these Terms of Service (the “Terms”) And the policy on personal data collection (the “Privacy Policy”). By accessing the Services and using them in any way you accept each and every one of these Terms. Trecone reserves the right to amend them at any time. As a result, every visitor and/or User must carefully read the Terms in force each time they access Trecoplay. If you disagree with any of these Terms, please do not use the Services. These Terms shall be valid for an indefinite period of time. From time to time, individual terms may be established for using specific content or services of Trecone. By using this specific content or services you accept the particular Terms indicated therein. The Terms that are in force when you use Trecoplay or enter into a Contract (as defined later on) shall be applicable, except when we are ordered by law or a government body to retrospectively amend the policies, Terms or privacy policies, in which case any changes would also affect the orders that you had made previously.
I have read, understood and agreed to these terms.
I have sufficient capacity to enter into a contract.
I accept all the obligations contained herein.
Trecone provides mobile applications that, in addition to other functions, allow you to analyze, modify, and/or optimize certain device characteristics (such as network traffic), protect your mobile data usage, or manage your files. We will collect and use your information only in accordance with our Privacy Policy.
To use the Services, Trecone may, from time to time, require that you comply with additional terms, policies, and conditions, which will be made available via the https://www.treconite.com/ website, via the App, or as otherwise provided to you in connection with the Services (“Additional Terms”).
Trecone understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy and Cookies Policy for a description of how we may collect, use and disclose your information in connection with the Services.
Trecone grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Services for your own internal, personal, non-commercial use (subject to these Terms). All rights not expressly granted remain reserved by Trecone. If you are using the App as a mobile application, you may download and install one copy of the App to your supported device, and access the Services, solely for your own personal and non-commercial use.
The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images and illustrations may be protected by copyright and/or other intellectual property laws. When you access the Services, you may have access to data provided by or attributed to third parties, such as links to blogs or reviews (“Third-Party Content”). You also may have access to data provided by or attributed to Trecone, that is not otherwise Third-Party Content (“Trecone Content”). Depending on how you use the Services, you may also submit or upload data via the Services or the App (“User Content”) (Third-Party Content, Trecone Content, and User Content, collectively, the “Content”). You promise to abide by all copyright notices, trademark rules, information, and restrictions related to any Content you access through the Services, and agree that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content or (ii) in a way that violates a third party’s rights.
You understand that Trecone owns the Services and the Trecone Content and are the sole and exclusive owners of all right, title and interest in and to any suggestions, ideas, enhancement requests, feedback, or information provided by you or any other party relating to the Services or Trecone Content, and has no obligation to compensate you for any of the foregoing. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services or Trecone Content.
Trecone does not claim ownership in any User Content or Third-Party Content. However, when you use the Services, you represent and warrant that you have the right to upload and use User Content.
You understand that use of the Services may result in additional network traffic and/or affect certain on-device resources, such as battery.
The User agrees to use the Services, content and services appropriately and legally, in accordance with the legislation in force at any time, the Terms, moral standards, generally accepted customs and public order. Users may not:
Use the Services and/or content in an unauthorised or fraudulent way for illegal purposes that are prohibited in these Terms, harming the rights and interests of third parties, or in any way that could harm, disable, overload, damage or prevent the services or documents, files and any kinds of content stored on any IT equipment from being used in a normal way.
Access or try to access restricted resources or areas on the Sites if they do not meet the requirements needed to obtain such access.
Cause damage to the hardware or software belonging to the Sites, its suppliers or to third parties.
Upload or disseminate computer viruses or any other hardware or software on the Internet that could damage the hardware or software belonging to Trecone, its suppliers or third parties.
Try to access, use and/or manipulate the data belonging to Trecone, third party suppliers and other Users.
Reproduce or copy, distribute, allow the public access via any means of public communication, transform or amend the content, unless the holders of the relevant rights have given their authorisation or it is permitted by law.
Delete, hide or manipulate the notes about industrial or intellectual property rights and information identifying Trecone’s rights or the rights of third parties included in the content, or the technical protection devices or any other information mechanisms that could be included in the content.
Obtain or try to obtain content using means or procedures that are different from those made available to them, where applicable, for this purpose or those that are expressly stated on the Sites that contain the content or, generally speaking, those commonly used on the Internet as they do not pose a risk of damaging or disabling the Servies and/or the content.
In particular, the User agrees not to do the following, which includes but is not limited to transmitting, disseminating or making available to third parties information, data, content, messages, graphs, drawings, sound and/or image files, photos, recordings, software and, generally speaking, all kinds of material that:
Goes against, is contemptuous of or attacks in any way the fundamental rights and public freedoms recognised in the constitution, international treaties and in all other legislation.
Induces, incites or promotes any actions that are criminal, denigratory, slanderous, violent or which, generally speaking, contradicts the law, moral standards, generally accepted good customs and public order.
Induces, incites or promotes actions, attitudes or thoughts that discriminate against sex, race, religion, belief, age or orientation.
Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or which, generally speaking, contradicts the law, moral standards, generally accepted good customs and public order.
Induces or could induce an unacceptable state of anxiety or fright;
Induces or incites people to become involved in practices that are dangerous, risky or harmful to our health or mental well-being.
Is protected by industrial or intellectual property legislation corresponding to Trecone or to third parties, unless authorisation has been given for it to be used in that way.
Attacks honour, personal and family privacy or the image of someone.
Constitutes any kind of advertising.
Includes any kind of virus or programme that prevents the Sites from operating normally.
If a password is provided to access some of the Website’s services and/or content, it must be used carefully, making sure it is kept confidential at all times. Users shall therefore be responsible for making sure that they maintain the security and confidentiality of their passwords and they agree not to pass them on to third parties, either temporarily or permanently, nor to let other people access the aforementioned services and/or content. Likewise, Users agree to notify Trecone of any event that may result in their password being used unduly, such as robbery, loss or unauthorised access, so that the password can be cancelled immediately. As a result, if you do not provide the above mentioned notification, Trecone is exempt from any kind of responsibility that could arise from the undue use of your password. You shall be responsible for any illegal use of the Services by any illegal third party.
If any of the obligations set out in these Terms are breached in a negligent or malicious manner, you shall be liable for all damages that Trecone may incur as a result.
Any Content publicly posted or privately transmitted through the Services (including User Content, by you) is the sole responsibility of the person from whom such Content originated, and you access all such Content at your own risk. You agree that we are not liable for any errors or omissions in that Content or for any damages or loss you incur in connection with such Content. We cannot control, and have no duty to take any action regarding, how you may interpret and use such Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability related to such Content. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Trecone is not responsible for such risks. Trecone has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or opinions of any third-party websites or services or any third party that you interact with through the Services. You understand that Trecone does not endorse or sponsor any such third-party websites or services and that Trecone will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such third parties. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party websites or services (as well as your interactions with any organizations or individuals related to such third-party websites or services).
If there is a dispute between users of our Services, or between users and any third party, you agree that Trecone is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Trecone and the officers, employees, agents, and successors of Trecone from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
You understand that the Services may modify network traffic and/or device characteristics for your benefit (e.g., data compression) and hereby agree to any such modifications.
Trecone reserves the right to use cookies on its Websites in order to recognise you as a frequent user and to customise your use of the Websites by preselecting your language and content preferences. Cookies used by the Website or a third party acting on its behalf are only linked to an anonymous user and their computer and do not in themselves provide the user’s personal data. If a user accepts the cookies, these files are sent to a browser by a web server to record a user’s browsing history on the Sites. Cookies can be deleted. To do this, please check your browser instructions.
We do not use cookies in our App.
As part of your use of the Services and the App, you may receive push notifications or other types of messages directly sent to you inside the Services or the App (“Push Messages”). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services, the App, or through the phone’s operating system. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
We may, at any time, suspend or discontinue any part of the Services, introduce new features, impose limits on certain features or restrict access to part or all of the Services. Similarly, we reserve the right to remove and/or block any Content from the Services at any time for any reason (including, but not limited to, if someone alleges you contributed such Content in violation of these Terms).
You can stop using the Services at any time as described in our Privacy Policy. If you encounter issues deleting or uninstalling the Apps, please contact us at apps@treconite.com for assistance.
We reserve the right, in our sole discretion, to terminate your access to and/or use of the App and the Services or any portion thereof at any time, without notice. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any access to and use of the App and the Services without notice, in the event of any conduct by you or which we, in our sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. We may investigate any reported violation of its policies and complaints and take any appropriate action we deem appropriate at any time, including without limitation, suspension or termination of access to and/or use of the App or the Services. Upon termination or expiration of your access and use of the App and the Services, you shall cease all use of and access to the App and the Services, and destroy any and all copies, full or partial, of the Services. In addition, we may, in our sole discretion and at any time, discontinue providing or limit access to the Apps and/or the Services.
Trecone reserves the right to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (iv) prosecute violators of these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
We reserve the right to charge for part or all of Services at any time. We will notify you before any such fees become applicable.
Generally speaking, the content and services provided on the Services are purely for information purposes. As a result, when providing these services, Trecone does not guarantee or make any statement regarding the content or services provided on the SItes, including guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except to the extent tt these statements and guarantees cannot be excluded by law.
Trecone will not be fully responsible if it is impossible to provide the service as a result of prolonged interruptions in the electricity supply, phone lines, social conflicts, strikes, rebellion, explosions, floods, government acts or omissions and, generally speaking, in all cases of force majeure or unforeseeable circumstances.
Trecone does not guarantee that access will be uninterrupted, or that the elements and information on the Trecone Sites can be viewed, downloaded or used correctly, as there may be errors, defects or interruptions to the service as a result of factors or circumstances outside Trecone’s control. Trecone may interrupt the service or immediately terminate the relationship with the User if it detects that the User is violating any of these Terms when using the Website or any of the services offered on it.
Trecone is not liable for damages, loss, claims or expenses arising from using the Services. Trecone shall only be responsible for removing, as quickly as possible, content that could cause such damage, provided that the company has been notified of it. In particular, the company is not responsible for:
Interference, interruptions, defects, omissions, telephone faults, delays, blockages or connection failures in the online system as a result of defects, overloads and faults in the telecommunications networks and cables or for any other reason out of Trecone’s control.
Website faults due to force majeure, chance or for other reasons that cannot be attributed to the company.
Illegal interference using harmful programmes of any kind and via any means of communication, such as computer viruses or any other.
Undue or inappropriate abuse of Trecone’s Services.
Children accessing the Website content. Parents or guardians are responsible for appropriately monitoring what the children in their care are doing.
Security or browsing errors caused by a poorly functioning browser or by using out of date browser versions. Trecone’s administrators reserve the right to remove, in full or in part, any content or information contained on the Sites.
Loss of profits.
Accuracy of results.
Any matter beyond our reasonable control.
Trecone is not liable in any way for damages of any kind that could arise as a result of the freely available services being used in an inappropriate manner by users. Similarly, Trecone is not liable for content and information that could be received in the forms that collect data. These are used solely for the purpose of providing a response to queries and doubts. If damages are incurred as a result of the aforementioned services being used incorrectly or illegally, Trecone may claim for these damages against the user. You agree to defend, indemnify and hold Trecone harmless against any damages arising from claims, actions or lawsuits filed by third parties as a result of you accessing the Website. Furthermore, you agree to indemnify Trecone for any damages resulting from you using robots, spiders, crawlers or similar tools used to collect or extract data or any other action taken by you that constitutes an unreasonable burden on the Website’s operations. Trecone is not responsible for any notifications containing the Trecone name that have not previously been authorised by the company. To this effect, all notifications regarding actions or invitations to take part in events linked to the brand will always be published on the official SItes.
The Contract is binding for both you and us and also for our respective successors, assignees and entitled persons. You may not transfer, assign, burden or in any way pass on a Contract or any of the rights or obligations resulting from it that correspond to you without having obtained our prior written consent. We may transfer, assign, burden or in any way pass on a Contract or any of the rights or obligations resulting from it that correspond to us at any time during the term of the Contract. To avoid all doubt, such transfers, assignments, burdens or other passing on will not affect, where applicable, your statutory rights and they will not cancel, reduce or limit in any way the guarantees, both express and tacit, that we may have given.
You and Trecone agree that these Terms, any Additional Terms, and our Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and Trecone and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
All modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).
These Terms were written in English (US) and Spanish (ES). To the extent any translated version conflicts with the Spanish version, the Spanish version controls.
We reserve the right to update these Terms at any time and encourage you to review them periodically. You agree that continued use of the Services after changes to the Terms have been posted signifies your acknowledgement and consent to such updated Terms. If you do not agree to the updated Terms, you must terminate your use of the Services (see “Length and Termination” above).
Failure on our part to require you to strictly comply with any of the obligations taken on by you through a Contract or these Terms or failure on our part to exercise the rights or actions that could correspond to us by virtue of the aforementioned Contract or Terms shall not constitute a waiver or limitation thereof nor shall it exempt you from complying with the aforementioned obligations. No waiver on our part of any specific right or action shall constitute a waiver of other rights or actions arising from the Contract or the Terms. No waiver on our part of any of these Terms or the rights or actions arising from the Contract shall take effect unless the waiver is expressly stated and formalised and you are informed of it.
These Terms and use of the Services shall be governed by Spanish legislation. Any conflicts will be resolved before the courts of the Kingdom of Spain. If any of the provisions set out in these Terms are unenforceable or void under the applicable legislation or as a result of a legal or administrative decision, this will not mean that these Terms as a whole are unenforceable or void. In these circumstances, Trecone will amend or replace the aforementioned provision with another that is valid and enforceable and which, to the extent possible, reflects the objective and aim of the original provision. If the user lives outside of Spain, then the supplier and user expressly agree that the Courts and Tribunals of Madrid (Spain) will have exclusive jurisdiction.