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Elsa Smart

GENERAL TERMS AND CONDITIONS OF USE OF OUR WEBSITE

From the ELSA SMART, S.L. team, hereinafter ELSA SMART, we would like to inform the user that by browsing this website or using any of the services offered through it, you automatically acquire the status of user and these rules apply to you. These rules constitute a contract between ELSA SMART and the user regarding the use of this website, its links and any downloadable resources, in accordance with applicable regulations regarding information society services and electronic commerce (Law 34/2002, LSSI-CE).

Access to and navigation of this website implies express acceptance of these "General Terms of Use", the "Privacy and Data Protection Policy", and the "Cookies Policy" available on the site. We strongly recommend that users carefully read all legal texts available on the website.

If you do not agree with the aforementioned conditions, the user must refrain from using this website. By continuing to browse, the user acknowledges and accepts that:

  • They have read, understood and comprehended what is stated herein.
  • They commit to respect the obligations and rules contained on the website.
  • They have been informed of their rights regarding data protection, in accordance with the Privacy Policy.
  • They declare that all information provided will be truthful and accurate, being solely responsible for any false, erroneous or inaccurate statements.

In short:

  • By using this website you accept our terms of use.
  • If you do not agree with them, you should not use the website.
  • Your data will be protected according to the law.
  • The information you provide us must be truthful.

We want to provide you with clarity and transparency about our legal texts. We know that these documents are important, although cumbersome. To make it easier for you, you will find these boxes at the end of those points with more complex legal language, providing a clear and direct summary.

IDENTITY AND WEBSITE OWNER

Who are we?

ELSA SMART, S.L, under the brand ELSA SMART is the company that manages this Website. Our headquarters is located at Avenida Vila de Tossa 66, Local 1. Postal Code: 17310, Lloret de Mar (Girona). Our Tax ID number is B55415954.

Our contact details are as follows:

This website offers users, in addition to access to the site, access to the online platform (www.elsasmart.com), also owned by ELSA SMART.

In case the website provides links that direct to sites owned by third parties, the user will be informed that they are leaving the ELSA SMART domain. If the user decides to continue browsing to said external sites, ELSA SMART will not assume any responsibility for the contents, information, services, availability, correct operation or possible damages that may arise from access to or use of them.

CONCEPTS

For the ELSA SMART team it is essential that you know and understand some basic terminology that we will use in our legal texts:

  • Contents: Texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, activities, downloadables of any type, expressions and information belonging to ELSA SMART or to third parties that the User can access through the website www.elsasmart.com.
  • Cookies: small files that are downloaded to the user's device (computer, smartphone, tablet, etc.) when accessing certain web pages or applications. They allow, among other things, storing and retrieving information about the browsing performed from said device, and can be used to recognize the user, obtain information about their browsing habits or personalize the way content is displayed.
  • Online Platform: digital space, accessible through the Internet and more specifically from the website www.elsasmart.com, owned by ELSA SMART, which can only be accessed by previously registered and authenticated users, and where certain contents, services, functionalities or tools are made available according to the purposes and conditions established by the owner in the legal texts available on this website.
  • Personal account: Space accessed by Registered Users in which people can save their credentials and will have access to information not published openly on the website.
  • Services: Set of services offered by the Website either directly through it or by information.
  • Website: Internet site accessible at the address www.elsasmart.com
  • Owner: Person (natural or legal) who owns or is responsible for the Website
  • User: Any person browsing the website.

CONDITIONS OF USE

As we have been announcing, what is contained in this legal notice and conditions of use has the legal status of CONTRACT and therefore represents an obligation between the parties (ELSA SMART and user).

By accessing or using the ELSA SMART Website, you do so under your sole and exclusive responsibility, acquiring from that moment the status of user (hereinafter, the "User" or "Users"). This implies that you have read, understand and accept without reservation the present General Conditions in the version published at any given time.

When access to certain services requires the creation of an account, the user will acquire the status of registered user. In that case, in addition to the General Conditions, the Particular Conditions that regulate said services will apply, which may complement, replace or modify the present General Conditions depending on the nature of the service used.

ELSA SMART may modify at any time both the content of the Website and the present General Conditions, as well as, where appropriate, the applicable Particular Conditions. Changes will enter into force at the time of their publication on the Website, unless expressly stated otherwise.

All Users are recommended to periodically review the present General Conditions to be informed of possible changes. Continued use of the website after the publication of the new conditions will imply acceptance of them by the user. If the user does not agree with the modifications introduced, they must refrain from continuing to use the Website and associated services.

These General Conditions, as well as the Particular Conditions that may apply, are addressed to both individual users and professional users, without this implying any limitation or waiver of the rights that correspond to consumers and users in accordance with current legislation.

  • By entering this website you become a user.
  • This means that you accept our terms of use and commit to respect them. They will be a contract between you and ELSA SMART.
  • If you do not agree, you should not use the website.

MINORS

The content and Services offered through the website www.elsasmart.com are not directed to minors under 18 years of age. By accessing or using the website, the user declares and guarantees that they are over 18 years of age or that they have the prior and express authorization of their parents, guardians or legal representatives to use the website or the Services.

INTELLECTUAL AND INDUSTRIAL PROPERTY

By these General Conditions, the User acknowledges and accepts that all intellectual and industrial property rights over the materials and elements that appear on the Website (including, without limitation, texts, graphics, images, photographs, audios, videos, maps, designs, logos, distinctive signs, trademarks, trade names, domains, software, source code, databases and any other material) belong to ELSA SMART or, where appropriate, to third parties who have authorized their inclusion, always having the necessary rights and licenses for their use.

Access, navigation, download or use of the Website materials does not imply, in any case, the transmission, license or assignment of said rights by ELSA SMART, nor the waiver thereof. The User only has a strictly personal, private and limited right of use, with the sole purpose of enjoying the services offered on the Website.

Any form of reproduction, distribution, public communication, transformation, making available, reuse, extraction, copying, storage, sale, assignment, download, alteration, manipulation or commercial use of the materials and elements of the website and its links without prior written authorization from ELSA SMART or the legitimate holders of the rights is expressly prohibited.

In particular, it is prohibited to:

  • Resell, perform deep-linking techniques, scraping, spider or any form of automated content extraction.
  • Use, copy, monitor, display, download or reproduce the content for commercial or competitive purposes without express authorization.

Any unauthorized use will be considered a serious breach of intellectual and industrial property rights, empowering ELSA SMART to exercise the corresponding legal actions, including the claim for damages.

  • Everything that appears on the website (texts, images, videos, logos, designs, software, etc.) belongs to ELSA SMART or to third parties who have given us permission to use it.
  • You can use it only on a personal and private level, to enjoy the website's services.
  • You cannot copy it, sell it, use it for commercial purposes, or extract it with automated systems (such as scraping or bots) without our written permission.
  • If you do so without authorization, it is considered a serious offense and we may legally claim the damages caused.

USER-GENERATED CONTENT

The User acknowledges that, within the framework of using the Website, they may have the possibility of interacting with it by creating their own content, such as comments on the blog, reviews, forum contributions, publications, photographs, messages or other interactions of a similar nature (hereinafter, "User-Generated Content").

The User will be solely responsible for the content they publish or share, guaranteeing that it is not unlawful, offensive, injurious, defamatory, discriminatory, violent, unauthorized advertising, spam, or contrary to law, morality, public order or these Terms of Use.

By publishing Generated Content, the User grants ELSA SMART a non-exclusive, free, worldwide, transferable, unlimited in time and sublicensable license to use, reproduce, distribute, publicly communicate, transform and make available said User-Generated Content, always for the purpose of enabling the proper functioning of the Website www.elsasmart.com, its dissemination and promotion, and in compliance with its objectives.

The User will at all times retain ownership of the rights to the Generated Content, limiting themselves to authorizing its use by ELSA SMART in the terms described herein and for the time it remains published or in force on the Website.

ELSA SMART reserves the right to review, moderate, edit, not publish or remove, at any time and without prior notice, any content that violates the above or that it considers inappropriate for the purpose of the Website.

The opinions and contributions made by Users do not necessarily reflect the position of ELSA SMART, which is not responsible for them.

If any User, third party or authority considers that content published on the Website or blog is inappropriate or violates rights, they may communicate this through the following email: privacy@elsasmart.com, so that appropriate measures can be taken in the shortest possible time.

As soon as ELSA SMART becomes aware of the existence of unlawful content or content that may violate third party rights, it undertakes to act immediately to remove it or prevent access to it. In compliance with the obligations imposed by the LSSI.

  • By using the website you can create content (comments, reviews, photos, messages, etc.).
  • That content remains yours, but you give us permission to use it within the platform and in its promotion, always so that the website functions correctly and fulfills its objectives. The permission lasts as long as your content is published on the website.
  • You can leave comments or publications on the website, but you must do so with respect and without unauthorized advertising. We can delete any content that does not comply with the rules. If you see something inappropriate, write to us and we will review it.

USE OF CONTENT BY ARTIFICIAL INTELLIGENCE SYSTEMS

Access to the Website does not grant the User, or third parties, authorization to use the Content for the purposes of training, development, testing or improvement of artificial intelligence models, machine learning or similar technologies, except with prior, express and written authorization from the website owner.

It is expressly prohibited to:

  • Copy, index or massively extract information from the Website using automated systems ("scraping", "crawling" or similar) for subsequent use in algorithm training or databases.
  • Reproduce, transform or reuse the contents of the Website within AI systems without consent from ELSA SMART.
  • Use the Website materials to generate derivative content that may suggest that they come from, have backing or are associated with ELSA SMART, when this is not true.

Any use of Content by AI systems contrary to what is provided herein will be considered a serious breach of the intellectual and industrial property rights of ELSA SMART and will empower ELSA SMART to exercise the appropriate legal actions.

  • You cannot use the website content to train or create artificial intelligence systems without permission.
  • It is prohibited to massively copy data with robots or programs, reuse content in AI projects or make it appear that the material belongs to or is linked to this Website and/or its owner if it is not.
  • If this is violated, we may take legal action to protect our rights.

LIMITS ON THE USE OF WEB CONTENT

The User commits to using the Website and its contents diligently, correctly and lawfully, in accordance with the law, morality, public order and these Conditions.

In particular, it is prohibited to use the Website to:

  • Carry out unlawful, fraudulent activities or constituting a crime.
  • Disseminate offensive, injurious, violent, discriminatory content or contrary to fundamental rights and public freedoms.
  • Violate third party rights, including copyright, trademarks, privacy, honor or image.
  • Introduce or disseminate computer viruses, malicious code or any other physical or logical system that may cause damage to the Platform, its providers, other users or third parties.
  • Use the contents for advertising, professional, commercial or economic purposes without express written authorization from ELSA SMART.

ELSA SMART reserves the right to:

  • Immediately remove any User-Generated Content that violates these rules or that may be considered unlawful, offensive or inappropriate.
  • Temporarily suspend or permanently deactivate users who repeatedly or seriously violate these Conditions.
  • Take the appropriate legal actions, including claims for damages, to protect its rights and those of third parties.

The user is obliged to use the service and contents diligently and correctly, in accordance with the law, morality, public order and these terms and conditions.

In no case will it be understood that any authorization or license is granted, nor that any waiver, transmission, total or partial assignment of said rights is made, nor that any right or expectation of right is conferred without prior, explicit and written consent by ELSA SMART and/or its administrators or agents.

  • You cannot use the website to do illegal, harmful or offensive things.
  • It is prohibited to upload content that disrespects, infringes on others' rights, or may harm the platform or its users.
  • If you violate these rules, we may delete the content, suspend your account or take legal action.

RULES OF USE, RIGHTS AND EXCLUSIONS OF RESPONSIBILITY

USER RIGHTS

All website visitors, by the mere fact of acquiring the status of users, have the following rights:

  • They have the right to clear, concise and updated information about the services offered and their commercial implementation.
  • They have the right to know the costs associated with contracting the service before contracting it.
  • They have the right not to provide personal data that is not necessary for the operation in question.
  • They have the right to the protection of their personal data.
  • They have the right to be informed about the purpose and subsequent uses of personal data collected. And for this information to be understandable by the general public.
  • They have the possibility of exercising their rights to access, rectification, cancellation, opposition, portability and erasure of their personal data. And for these rights to be exercised not only electronically but also physically. Likewise, the user has the right to obtain a response. For more information about these rights and their exercise or response time, go to the "Privacy and Data Protection Policy" link.
  • They have the right to receive personalized attention through alternative means to email, in attention to their rights. In case the attention is related to service or commercial information, it must adhere to customer service hours.
  • They have the right to be informed of the reception of commercial information or advertising and to freely grant their consent.
  • They have the right to be informed of the use and purpose of cookies or other data storage devices if there are any. For more information about it, we recommend going to the "Cookies Policy" link.

USER OBLIGATIONS AND BREACH OF USER CONDITIONS

As a user you commit to making adequate use of the contents, services and tools that are accessible through this website, subject to Law, morality and public order, as well as these Terms of Use, respecting at all times other users of the same.

The User expressly agrees to hold ELSA SMART harmless against any claim, sanction, fine, expense, liability or damage that may arise from improper use of the Website or contents, whether due to breach of these Terms of Use or violation of current legality.

In case of total or partial breach by the user of these Terms of Use, ELSA SMART will have the right to deny access to www.elsasmart.com without prior notice to the user and to claim, if it deems appropriate, damages caused by the breach.

RESPONSIBILITIES

ELSA SMART cannot guarantee the availability, continuity or correct operation of its Website at all times, as it may be prevented by circumstances beyond the will of the ELSA SMART team.

In particular, ELSA SMART will not be responsible for damages, losses or losses that may arise from:

  • Interruptions, delays, cuts or service drops caused by problems with servers, telecommunications networks or technological infrastructure providers.
  • Cyber attacks, including viruses, malware, intrusion attempts, unauthorized access, security breaches or denial of service attacks (DDoS).
  • Security errors or failures produced by external providers that affect the operation of the Website.
  • Security breaches originated by third parties outside ELSA SMART that affect the availability or integrity of the Website.

Without limitation, ELSA SMART will not be responsible for damages of any nature that may arise from:

  • The contents, information, opinions and statements of Users or third parties disseminated through the Website.
  • Improper use of the materials available on the Website, including infringements of intellectual or industrial property rights, violation of confidential information or violation of third party rights.
  • Unfair competition, unlawful advertising, contractual breaches of third parties, as well as violations of rights to honor, personal and family privacy or one's own image.
  • Accidental loss or deletion of User data due to causes beyond the reasonable control of the Service.
  • Interruptions, server crashes, technical failures, cyber attacks (viruses, malware, unauthorized access, DDoS attacks or similar) or unavoidable technological incidents that prevent the normal operation of the Website.

In any case, the responsibility of ELSA SMART will be limited to what is legally required and will never cover indirect damages or loss of profits.

In compliance with the provisions of articles 11 and 16 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), ELSA SMART will not assume any responsibility for information or stored content when it does not have effective knowledge that they are unlawful or harm the goods or rights of a third party.

As soon as ELSA SMART becomes aware of the existence of unlawful content or content that may violate third party rights, it undertakes to act immediately to remove it or prevent access to it.

Similarly, ELSA SMART will collaborate, when so required, with the competent authorities in the removal or blocking of any content that may contravene applicable legislation, third party rights, morality or public order.

If any User, third party or authority considers that content that violates third party rights or is inappropriate exists on the Website or App, they can communicate it directly to ELSA SMART through the following contact means:

  • Email: privacy@elsasmart.com
  • Postal address: Avenida Vila de Tossa, 66, Local 1. Postal Code: 17310, Lloret de Mar (Girona).

ELSA SMART will analyze the request and, where appropriate, adopt the appropriate measures in the shortest possible time, in accordance with the provisions of applicable regulations.

  • As a user you have the right to transparent information, to the protection of your data and to decide on the use of your information and cookies.
  • You commit to using the website correctly and respectfully. If you breach, we can suspend your access and claim damages.
  • We do not guarantee that the website will always work without failures, as there may be server crashes, computer attacks or technical problems.
  • We are not responsible for what other users publish or for misuse of the contents.
  • If we detect illegal content or receive a notification from another person alerting us, we will remove it and cooperate with the authorities.

REGISTERED USER

To access certain functionalities of the Website, it may be necessary for the User to register by creating a personal account.

Registration requires providing truthful, updated and complete information, with the User committing to always keep it up to date. The account is personal and non-transferable, with sharing access credentials with third parties being prohibited. The User will be responsible for all activities carried out from their account.

ELSA SMART may suspend or cancel User accounts in case of detecting breaches of these General Conditions, improper uses or illicit activities.

The User may cancel their account at any time following the procedure established on the Website or by requesting it through the contact details provided in this legal document. In case of cancellation, personal data associated with the account will be deleted in accordance with the provisions of the "Privacy Policy", except those that must be kept blocked during legally required periods to address possible responsibilities.

Account cancellation will not affect obligations arising from previous uses thereof.

PRIVACY AND COOKIES POLICY

The processing of personal data provided by users through this Website is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

Complete information on how we collect, use, protect and retain your personal data is found in our "Privacy Policy", as well as information regarding the use of cookies in the "Cookies Policy".

Every user has the right to access, rectify, delete, limit or oppose the processing of their data, as well as to request its portability. To exercise these rights, you can contact the email privacy@elsasmart.com or the postal address Avenida Vila de Tossa, 66, Local 1. Postal Code: 17310, Lloret de Mar (Girona).

We respect your privacy and comply with data protection law. Your rights (such as accessing, rectifying or deleting your data) can be exercised by writing to the contact details provided above. For more details, consult our Privacy Policy and Cookies Policy.

WEB ACCESSIBILITY

At ELSA SMART we work to make our website accessible and usable by all people, making our best efforts to adapt it to recognized standards (WCAG 2.1) and current accessibility regulations (Royal Decree 1112/2018 and Law 11/2023, which transposes Directive (EU) 2019/882).

Our goal is that any person, regardless of their age, condition or circumstance, can browse adequately and use the services offered. We are aware that accessibility is a continuous process and we work on periodic reviews to improve the experience of all users.

If you detect any accessibility problem or limitation in accessing the contents, we invite you to communicate it to us through the email privacy@elsasmart.com, in order to adopt the appropriate measures and continue improving.

If you wonder What is web accessibility? It is the set of principles, techniques and regulations that seek that any person, including those with functional limitations, can use and navigate a web page effectively, independently and safely.

In other words: it means that a website is designed and developed so that all users, regardless of their capabilities or limitations (visual, auditory, motor, cognitive, advanced age, etc.), can perceive, understand, navigate and interact with its contents.

APPLICABLE LEGISLATION AND JURISDICTION

These General Conditions are governed by Spanish legislation. In case of conflict over the interpretation or application of these Conditions, the parties will submit to the Courts and Tribunals of the city of Girona, unless consumer protection regulations provide that jurisdiction corresponds to the User's domicile.

Before going to court, in order to comply with the procedural requirement established in article 5 of Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service; the parties will attempt to resolve their differences through direct negotiation. The User may send a prior claim to the email privacy@elsasmart.com with acknowledgment of receipt or to the postal address Avenida Vila de Tossa, 66, Local 1. Postal Code: 17310, Lloret de Mar (Girona).

If you are a consumer or user, remember that the procedural requirement will be considered fulfilled if:

  • you sent us a prior extrajudicial claim and we did not respond within the legally applicable period or if the response we gave you was not satisfactory,
  • or, by resorting to any of the alternative dispute resolution procedures in consumer matters established in Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, on alternative dispute resolution in consumer matters, or those that may have been established in sectoral regulations in development thereof.

For these purposes, the Ministry of Social Rights, Consumption and 2030 Agenda has published the list of entities notified to the European Commission by competent authorities of Spain for alternative conflict resolution in consumer matters.

Who is considered a consumer or user? Any natural or legal person acting for purposes unrelated to their commercial, business, trade or professional activity.

MODIFICATION

The website owner reserves the right to modify, update or delete at any time these General Conditions and other applicable legal texts.

Any change will be published on the Website itself, indicating the date of the last update, and will be effective from the moment of its publication.

Continued use of the Website after the publication of modifications will imply acceptance thereof by the User. If the User does not agree with the new terms, they must refrain from using the Website and, where appropriate, cancel their account.

LAST MODIFICATION: 11/05/2025