I. GENERAL INFORMATION

In compliance with the duty to provide information stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding this website is provided below:

The ownership of this website, https://www.smartests.app/, (hereinafter, Website) is held by: Lucas Botrán Jeppesen, with Tax ID (NIF): 55193984X, and whose contact details are:

Address: Calle Cartagena, 80

Contact phone: 686033308

Contact email: lucas.botran.j@gmail.com

II. GENERAL TERMS AND CONDITIONS OF USE

Object of the conditions: The Website

The purpose of these General Terms of Use (hereinafter, Terms) is to regulate the access and use of the Website. For the purposes of these Terms, the Website shall encompass: the external appearance of the screen interfaces, both static and dynamic, meaning the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, Contents) along with any online services or resources it may offer Users (hereinafter, Services).

Smartests reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Smartests may interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them.

Aside from the cost of the connection through the telecommunications network supplied by the access provider contracted by the User, some of the Contents or Services offered by Smartests or, where applicable, third parties through the Website may be subject to prior contracting of the Content or Service, in which case the corresponding General or Specific Conditions governing this will be clearly specified and/or made available to the User.

The use of certain Contents or Services of the Website may require the prior subscription or registration of the User.

The User

Accessing, browsing, and using the Website confers the condition of User. Therefore, all the Conditions established herein, as well as their subsequent modifications, are accepted by the User from the moment they begin browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations where appropriate. Given the importance of the above, the User is recommended to read them each time they visit the Website.

The Website of Smartests provides a wide diversity of information, services, and data. The User assumes responsibility for making correct use of the Website. This responsibility extends to:

• A use of the information, Contents and/or Services and data offered by Smartests that is not contrary to the provisions of these Conditions, the Law, morals, or public order, or that could in any other way involve a violation of the rights of third parties or the proper functioning of the Website itself.
• The truthfulness and lawfulness of the information provided by the User in the forms provided by Smartests for access to certain Contents or Services offered by the Website. In any designated case, the User will immediately notify Smartests of any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Simply accessing this Website does not imply the establishment of any kind of commercial relationship between Smartests and the User.

Always in compliance with current legislation, this Website of Smartests is intended for all individuals, regardless of their age, who may access and/or browse the Website pages.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY

Smartests does not guarantee the continuity, availability, or usefulness of the Website, nor of the Contents or Services. Smartests will make every effort for the proper functioning of the Website; however, they do not accept responsibility for nor guarantee that access to this Website will not be uninterrupted or error-free.

Neither do they guarantee or accept responsibility for the fact that the content or software that may be accessed through this Website is error-free or will not cause damage to the User's computer system (software and hardware). Under no circumstances will Smartests be liable for any losses, damages, or harms of any kind that may arise from accessing, browsing, and using the Website, including, but not limited to, those caused to computer systems or those brought about by the introduction of viruses.

Smartests is also not liable for damages that could be caused to users due to improper use of this Website. In particular, they are not responsible in any way for the falls, interruptions, lack, or defects of telecommunications that may occur.

IV. LINKING POLICY

It is informed that the Website of Smartests provides or can provide Users with linking structures (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories, and search engines on the Website is intended to make it easier for Users to search for and access the information available on the Internet, and cannot be considered a suggestion, recommendation, or invitation to visit them.

Smartests does not offer or market by themselves or through third parties the products and/or services available on said linked sites.

Furthermore, they do not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites not owned by them to which you may access via the links.

Smartests will under no circumstances review or control the content of other websites, nor does it approve, examine, or make its own the products and services, contents, files, and any other material existing in the aforementioned linked sites.

Smartests does not assume any liability for the damages and harms that may arise from the access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by Smartests and that appear linked on this Website.

The User or a third party who makes a hyperlink from a web page of another, different, website to the Website of Smartests should know that:

The reproduction—completely or partially—of any of the Contents and/or Services of the Website without the express authorization of Smartests.

No false, inaccurate, or incorrect statement is allowed about the Website of Smartests, nor about its Contents and/or Services.

With the exception of the hyperlink, the website on which said link is established will not contain any element from this Website, protected as intellectual property by the Spanish legal system, without the express permission of Smartests.

The establishment of the hyperlink will not imply the existence of relations between Smartests and the owner of the website from which it is made, nor the knowledge and acceptance by Smartests of the contents, services, and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Smartests by themselves or as a transferee party, holds all intellectual and industrial property rights of the Website, as well as the elements contained within it (for example, and not limitatively, images, sound, audio, video, software or texts, brands or logos, color combinations, structural design, selection of materials used, computer programs needed for its operation, access and use, etc.). They will, consequently, be protected works as intellectual property under the Spanish legal system, applying both Spanish and community regulations in this field, as well as international treaties relative to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including its modality of making available, of all or part of the contents of this website, for commercial purposes, in any media and by any technical means, without the authorization of Smartests.

The User undertakes to respect the intellectual and industrial property rights of Smartests. You may view the elements of the Website or even print them, copy them, and store them on the hard drive of your computer or any other physical support, as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of intellectual property protection, they must immediately notify Smartests using the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VI. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION

Smartests reserves the right to file civil or criminal actions deemed necessary for the improper use of the Website and Contents, or for the breach of these Terms.

The relationship between the User and Smartests will be governed by the current applicable regulations in the Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their disputes to the ordinary jurisdiction, adhering to the judges and courts that correspond according to law.