These Conditions of Use and legal information (hereinafter, “Conditions of Use”) regulate the use and access to the website https://www.lizcore.com/ (hereinafter, referred to as the “Platform”), ownedof LIZARD CLIMBING TECHNOLOGIES, SL, (hereinafter, interchangeably, "Lizcore" or the "Responsible"). Lizcore informs Users that it complies with current data protection regulations, and in particular, with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons. regarding the processing of personal data and the free circulation of these data and which repeals Directive 95/46/CE (General Data Protection Regulation) and the Law on the Information Services Society and Electronic Commerce, Law 34/2002, of July 11.

Registration, access and browsing on the Platform implies full and unreserved acceptance of the present Conditions of Use by the navigators and Users of the Platform.

1. OBJECT

These Conditions of Use are intended to regulate the conditions of use applicable to the provision and management of the information provided through the Platform and the services offered by Lizcore through it. These conditions incorporate our Privacy Policy, accessible from the Platform.

2. REGISTRATION AND USER PROFILE

In order to be a User of the Platform, it is essential that the following requirements be met:

• Fill in the obligatory fields of the registration form truthfully.
• Accept these Conditions of Use (including Privacy and Cookies Policy) and proceed to Registration.

The User guarantees that all the information about his identity and legitimacy provided to Lizcore in his registration forms of the Platform are true, exact and complete. It also undertakes to keep your data updated. In the event that the User provides any false, inaccurate or incomplete information or if Lizcore considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, Lizcore may deny access and present or future use of the Platform or of any of its contents and/or services; as well as unsubscribe the User and cancel the account.

At the time of registration, a username and password will be established, which may be a pseudonym or nickname or the email used to register as a user. Both the username and the password, as well as the data of the internet service account that you use to access the Website, are strictly confidential, personal and non-transferable (jointly the “Password”).

The User undertakes not to disclose said Password or make it accessible to third parties. The User will be solely responsible for the use of the Password by third parties, including statements made on the Platform or through the Platform, or any other action carried out through the use of the Password.

Users agree to immediately notify Lizcore of the theft, disclosure or loss of the Password, notifying Lizcore via email edgar@lizcore.com

Once registration is complete, the User must verify their email account and follow the instructions in the verification email to finish creating your Lizcore account. Once the registration is completed, all Users may access their profile as they deem appropriate, provided they comply with these Conditions of Use.

3. USERS AND CONTRACT TERMINATION (ACCOUNT DELETION)

The following types of Users can use the Platform:

• Climbing Manager: By using the Platform you can update the way of climbing in your gym. Lizcore instantly and remotely logs all escalation activity to enhance the end user experience. Similarly, they use the Lizcore system as a tool for creating routes. An application that allows you to know what is happening in all the climbs established by each route creator.
• Route Setter: They use the Platform to establish new climbing routes and follow up on those already available.
• Climber: They use the Platform to get the most out of their climbing gym, increasing the effectiveness of their training, participating in challenges and entering the Lizcore leaderboard.

To unsubscribe, the User can contact Lizcore at any time to request the removal of their profile from the Platform. In any case, you can revoke your consent at any time by sending an email from your registered email with the subject "User Unsubscribe" to edgar@lizcore.com including in the body of the email the username and email used when registering on the Platform.

Lizcore may suspend or unsubscribe a User (and therefore choose to suspend or terminate the contractual relationship) immediately in the event that any obligation of the Conditions of Use is breached. In such case, Lizcore will cease to provide the services it offers. through the Platform without the need to allege any cause.

4. RULES IN RELATION TO THE CONTENT

Through the Platform, Users can create routes and allow others to follow their routes created in the gyms (hereinafter, the "Routes").

When publishing Routes or any other information or content (hereinafter, jointly, the "User Content"), the User agrees to comply with the following rules:

• User Content must be relevant, respect at all times the rights of third parties, not be contrary to the laws, morals and public order and comply with these Conditions. Users must take into account that through the Platform they can publish User Content in a way that is accessible to other registered users and that they are responsible for what they store and publish through the Platform.
• The User must be the owner of the intellectual, industrial or any other type of property rights over the User Content that they share, for being its original author or owner or being authorized to do so by the corresponding author or owner of the rights.
• User Content must not include viruses, worms or any type of code of a destructive nature.

Faced with any claim, we recommend that you use the existing mechanisms within the Platform to send your claim to the author of the Route. The author as the owner and solely responsible for that User Content is the one who should assess your request.

Notwithstanding the fact that Lizcore is not obligated to carry out general supervision of User Content, Lizcore may modify or delete, in whole or in part and at any time, any User Content that, in its opinion, violates these Conditions or may be offensive, illegal or infringe rights of third parties.

5. USER OBLIGATIONS

Users are solely responsible for the access and correct use of their profile and other contents of the Platform, subject to current legislation, whether national or international, as well as the principles of good faith, morality, good manners and public order. Specifically but without limitation, they undertake to diligently observe the Conditions of Use.

Users will refrain from using their profile for purposes or effects other than those (a) of the Platform in order to efficiently manage the projects that are published or ( b) illegal or that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its contents and its services. Likewise, it is prohibited to use the Platform in any way that prevents or hinders the proper functioning of the Platform or the normal use or enjoyment of other Users.

In particular, and by way of example and not limitation, Users agree to:

• Provide truthful and updated information in any communication with Lizcore.
• Do not use personal data -both of the User himself and of third parties- that contain sensitive information related to identifiable or identified persons, such as: racial origin; union membership; religion, ideology or sexual orientation; health data; o Data related to criminal records, procedures and penalties or fines derived from them or non-compliance with monetary obligations.
• Do not use false identities, or impersonate the identity of others in the use of the Platform or in the use of any of its services.
• Not to use the Platform for illegal or unauthorized purposes.
• Do not host, store, disclose, publish, distribute or share any content that may imply an illegitimate interference or violation in any way of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, of minors .
• Not alter or modify, totally or partially, the Platform, avoiding, deactivating or manipulating its functions or services in any other way.
• Comply with the Privacy Policy and not violate the regulations governing the protection of personal data.
• Not to introduce, store or disseminate through the Platform any content that infringes industrial and/or intellectual property rights or confidential information of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third.
• Not use the Platform to insult, defame, intimidate, violate one's own image or harass other Users.
• Do not access the accounts of other Users.
• Not introduce, store or disseminate through the Platform any program, data, code, computer virus, defective files, or any other electronic or fixed device that may cause damage or alterations to any of the equipment, networks, Lizcore systems, in any way another User or third parties.
• Not to destroy, alter, use for its own use, disable or damage the data, information, programs or electronic documents of Lizcore, its Users or third parties.  

Those who fail to comply with such obligations will be liable for any loss or damage they cause. To the maximum extent permitted by applicable law, Lizcore will not be liable for any consequence, damage or harm that may arise from said access or illegal use by third parties. Access to the Website may be denied by Lizcore to those Users who, in any way, fail to comply with their obligations or contravene these Conditions of Use or any other legal text included in the Platform.

6. RESPONSIBILITY OF LIZCORE

The User is responsible for having the necessary services and equipment for the Internet connection and to access Lizcore. In case of any incident or difficulty in access, the User can inform Lizcore through the email edgar@lizcore.com, which will proceed to analyze the incident and give.

Lizcore is responsible for the loss or damage that the User suffers, which is a foreseeable result of Lizcore's negligence in the provision of the services, but is not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if it is an obvious consequence of a breach by Lizcore or if it was an order that was accepted.

Lizcore has no liability to the User for any loss of profit, loss of business, business interruption or loss of business opportunity based on their use of or reliance on the Platform.

7. INTELLECTUAL PROPERTY

Lizcore is the owner or licensee of all the intellectual and industrial property rights included in the Platform as well as the contents accessible through it, especially but not exclusively, the texts, images, photographs, graphic design, navigation structure , information, source code, databases and any other content that is collected on the Platform.

Authorization to the User to access and use the Platform and the services offered therein does not imply any transfer of intellectual or industrial property rights over it or said contents except what will be said below.

Lizcore grants the User a limited license to access and make personal use of the Platform and the services offered therein. Said license only grants the essential intellectual property rights for the purpose of compliance with these Conditions of Use (right of use), it is non-exclusive, for everyone and its duration is limited only to the validity of the contractual relationship of the User with Lizcore in accordance with these Conditions of Use.

8. LINKS

Links to other websites managed by third parties may appear on the Platform. The establishment of any links, forwarding or associations (“links”) with other web pages (www), made possible from the Platform, does not imply that there is any type of relationship, collaboration or dependency between Lizcore and the person responsible for the foreign Platform, and Lizcore does not imply a guarantee to the User of said third-party website.

9. INDEPENDENCE OF THE CLAUSES

If any of the clauses of these Conditions of Use were null and void or null and void, it will be deemed not to have been set. Said declaration of nullity does not invalidate the rest of the Conditions of Use, which will maintain their validity and effectiveness.

10. UPDATING AND MODIFICATION OF THE PLATFORM

Lizcore reserves the right to modify, at any time and without prior notice, the structure, configuration and design of the Platform as well as these Conditions of Use and the Privacy Policy. Users must carefully read these Conditions of Use when accessing the Website.

In any case, browsing, as well as simple access to the Website, entails the acceptance of any modification introduced. An updated version of these Conditions of Use will be permanently available on the Platform. Likewise, Lizcore reserves the right to update, modify or delete information contained in its Platform at any time and without the need for prior notice, in its configuration and presentation and in the conditions of access, without assuming any responsibility for it.

Lizcore does not guarantee the existence of interruptions or errors in the access of the Platform or its content, nor that it is always updated, however, Lizcore will carry it out, provided there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of the errors, disconnections or lack of updating in the contents, all those tasks aimed at correcting the errors, restoring communication and updating the contents.

11. APPLICABLE LEGISLATION

The validity, execution and interpretation of these Conditions of Use will be regulated in all its aspects by Spanish law. In the event that any conflict or discrepancy arises in the interpretation or application of these Conditions of Use for the use of the Platform, it will be submitted to the Courts and Tribunals of Barcelona.

12. UPDATE OF THE CONDITIONS OF USE

Lizcore reserves the right to modify these Conditions of Use to adapt them to new legislation or jurisprudence. In any case, the modification will be notified to the Users.

Update date: November 21, 2022