Enquesta ATES 2.0
Log in

Atesmaps terms and conditions

In compliance with the duty to inform set out in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the APP is owned by ASSOCIACIO ATESMAPS, with registered office at C/ Reis Catòlics 3, 2on 1a, Barcelona, with tax ID (NIF) G05481882.

These terms refer to:

  • The use of the Floc mobile application.
  • The use of the Atesmaps web application (Viewer).
  • Other terms related to agreements or legal arrangements with ATESMAPS.

The user must read this document carefully.

This application is provided by:

ASSOCIACIÓ ATESMAPS
Reis Catòlics 3, 2n 1a
08017 Barcelona (Spain)
NIF: G05481882
Contact: info@atesmaps.org

Terms and conditions of use

These Conditions describe the terms applicable to the services and content offered through the website/APP and govern the legal relationship between ASSOCIACIO ATESMAPS and the user.
Access to the web/APP is free of charge; using them means accepting, without reservation, all of the Conditions of Use. If you do not agree with these conditions, you must refrain from using this page.
The user's visit to the WEB or APP must be made responsibly and in accordance with current law, good faith, these Conditions and with respect for the intellectual and industrial property rights owned by ATESMAPS or any other natural or legal persons.
Using any of the content of the Website for purposes that are or could be unlawful is strictly prohibited, as is carrying out any action that causes or may cause damage or alterations of any kind not consented to by ATESMAPS to the WEB or APP or to their content.
The Website/APP and the products and services offered by ASSOCIACIO ATESMAPS are aimed at adults with sufficient legal capacity to be bound by these Conditions of Use.

Unless otherwise specified, the terms of use detailed in this section apply generally when using this application.
Additional terms or conditions of use may apply in specific scenarios. In such cases they are additionally indicated in this document.
There are no restrictions on users regarding personal or business use of the application.

Account registration

To use the service, users must register or create a user account, providing all the required data or information completely and truthfully.
Failure to do so will make the service unavailable.

Please also note that you can modify your personal data at any time, and exercise your rights of access, rectification, erasure, restriction and objection in accordance with Organic Law 3/2018, of 5 December, on Personal Data Protection and the Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

Users are responsible for keeping their login credentials confidential and secure. For this reason, users are also required to choose passwords that meet the highest security standards allowed by this application.
By registering, users agree to be fully responsible for all activities that take place under their username and password.
Users are required to inform the Data Controller immediately and unambiguously, through the contact details given in this document, if they believe that their personal information, including, among others, user accounts, access credentials or personal data, has been breached, improperly disclosed or stolen.

Account deletion

Users can delete their account and stop using the service at any time by doing the following:

  • Going to the user profile and clicking delete account.
  • Contacting ATESMAPS directly using the contact details provided in this document.

Applicable law and competent jurisdiction

These conditions are governed by Spanish law. ATESMAPS and the user agree to submit any disputes that may arise in connection with the contracting of products or services covered by these General Conditions to the Courts and Tribunals of the User's domicile.

Account suspension

ATESMAPS reserves the right, at its sole discretion, to suspend or delete at any time and without prior notice any user accounts it considers inappropriate, offensive or in breach of these terms.

The suspension or deletion of user accounts will not entitle users to any claim for compensation, damages or refund.
The suspension or cancellation of accounts for reasons attributable to the user does not exempt the user from paying the applicable fees or prices.

Content of the application

Unless otherwise specified or clearly recognisable, all content available in this application is the property of ATESMAPS (ASSOCIACIÓ ATESMAPS).
ATESMAPS makes its best efforts to ensure that the content provided in this application does not infringe applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to users' legal prerogatives to enforce their rights, users are asked to send related claims preferably through the contact details provided in this document.

Rights related to the content of the application - All rights reserved

ATESMAPS owns and reserves all intellectual property rights in that content.

Therefore, users may not use that content in any way other than what is necessary or implicit in the proper use of the service.
In particular, but without limitation, users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available in this application, nor allow any third party to do so through their user account or their device, even without the user's knowledge.

Where explicitly indicated in this application, the user may download, copy and/or share some content available through this application for their exclusively personal and non-commercial use and provided that the copyright attributions and all other attributions requested by ATESMAPS are properly implemented.
Any applicable legal limitation or exception to copyright will not be affected.

Content provided by users

ATESMAPS allows users to create, share or provide truthful information on geolocation, accidents and avalanches in this application.
By providing content in this application, users confirm that they are legally authorised to do so and that they are not infringing any legal provision and/or third-party rights.

Rights over the content provided by the user

Users acknowledge and agree that, by providing their own content in this application, they grant the Data Controller copyright to process that content for the operation and maintenance of this application as required by ATESMAPS.
Users acknowledge, accept and confirm that all content they provide through this application is subject to the same general conditions set out for the content of this application.

Responsibility for the content provided

Users are solely responsible for any content they upload, publish, share or provide through this application. Users acknowledge and accept that ATESMAPS does not filter or moderate such content.

However, ATESMAPS reserves the right to delete, block or rectify such content at its own discretion and, without prior notice, to deny the user from generating further content in this application:

  • If any complaint based on such content is received.
  • If a notification of infringement of intellectual property rights is received.
  • By order of a public authority.
  • If ATESMAPS becomes aware that the content, even though accessible through this application, may pose a risk to users, third parties and/or the availability of the service.

The withdrawal, deletion, blocking or rectification of content will not entitle the Users who provided that content or who are responsible for it to any claim for compensation, damages or refund.
Users agree to release the Data Controller from liability for any claim made and/or damage suffered due to the content they provided through this application.

Access to third-party resources or content

Through this application, users may have access to external resources provided by third parties. Users acknowledge and accept that ATESMAPS has no control over such resources and, therefore, is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights over the content, result from the terms and conditions of each third party or, failing that, from the applicable legislation.

Acceptable use policy

This application and the service may only be used within the scope of what is provided, according to these terms and the applicable law.
Users are solely responsible for making sure that their use does not infringe any applicable law, regulation or third-party right.
Therefore, ATESMAPS reserves the right to take any appropriate measure to protect its legitimate interests, including denying users access to this application or the service, terminating contracts, and reporting any improper conduct carried out through this application or the service to the competent authorities, such as judicial or administrative authorities, whenever users take part or are suspected of taking part in any of the following activities:

  • Violating laws, regulations and/or these terms.
  • Infringing third-party rights.
  • Harming the legitimate interests of ATESMAPS.
  • Offending the Data Controller, other users or any third party.
Application licence

Atesmaps is a free application and may be redistributed or modified under the terms of the GNU Affero General Public License (AGPL) version 3 published by the Free Software Foundation.
This program is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. For more details, see the GNU AGPL at http://www.gnu.org/licenses/agpl-3.0.html
You can get a copy of the AGPL v3 licence here.
New releases of functionality may be subject to prior payment of a fee or subscription.

Changes to these terms

ATESMAPS reserves the right to amend or modify these terms at any time. In such cases, the owner will inform the user of those changes in good time.
Those changes will only affect the relationship with the user for the future.
Continued use of the service will mean the user's acceptance of the revised terms. If users do not wish to be bound by the changes, they must stop using the service. Failure to accept the revised terms may entitle either party to terminate the agreement.

The previous applicable version will govern the relationship prior to the user's acceptance. The user can obtain any previous version from the owner.
If required by the applicable law, the owner will specify the date on which the modified terms will come into force.

Last updated: 20 February 2023