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The purpose of the Terms set forth hereis is that of governing access to all the contents, services and products offered by STILL ON HOLIDAYS through its mobile app BeMyPhone (hereafter the app), as well as their use by users. However, STILL ON HOLIDAYS reserves the right to modify the appearance, setup and content of the app, as well as the requirements for accessing and using its contents and/or access. The access and use of the contents and services after the implementation of the changes in these terms imply an agreement of the terms and conditions.
A User is understood to be any person accessing, using or taking part in the services and activities, whether free or chargeable, developed through this app.
The owner of the app is STILL ON HOLIDAYS, S.L., Tax ID B52544574 and registered at calle José María Martínez 1, bajo. 33209 - Gijón (Spain).
For any question or inquiry concerning this app, please contact STILL ON HOLIDAYS through its communication channels indicated in its web site http://bemyphone.com/ or directly and effectively via email account firstname.lastname@example.org
The app can be downloaded from virtual stores: app Store and Play Store. Finding the app in the virtual stores and selecting it to be downloaded, after accepting the terms and conditions of the app, it will be installed in the user's device. Once installed, the icon of BeMyPhone will be displayed on the device to run the app and access its functionalities.
BeMyPhone is an app to access your mobile phone from another mobile phone: You can make and receive calls, access all your data, contacts and apps, with the same ease of use as in your usual phone, immediately and as long as you want. You don't need to change any setup and you won't leave a trail on the mobile phone being used, except for the outgoing calls log.
A user may be any individual over 14 years of age, with full legal capacity to contract and to be bound by these usage and privacy conditions. The user must be aware that the access and usage of the app is at his/her sole and entire responsibility.
The download of the app and the services offered with it are free-of-charge during the first 7 days, and thereafter a fee will be charged for the use of the app. STILL ON HOLIDAYS may modify or update the fee currently in effect at any time.
The cost or expense for accessing or connecting to the communication or data networks and/or disposing of the services and contents of the app shall be borne by the user.
The user must implement the security measures needed to prevent the lost of files or information, misconfiguration or any other unwanted action in their mobile device at the time of downloading, installing and running the app.
STILL ON HOLIDAYS will charge you for the use of the app according to the fares currently in effect at any given time.
STILL ON HOLIDAYS will collect payment (including taxes and fees that may apply according to current legislation) through the credit card you supply when you sign up for the service or through the payment platforms offered directly by app stores like Google Play or iTunes.
It is your responsibility to supply STILL ON HOLIDAYS a valid payment method. Payments made are non-refundable. In the event of payment collection issues, such as delays, defaults, etc. you will be held responsible for any legal consequences.
STILL ON HOLIDAYS uses third-party payment processors (Paypal, etc.) or credit card payment platforms. The processing of the payment will be subject to the privacy policies and conditions of the Payment Processor and those established by the issuer of your credit card, in addition to these User Conditions. STILL ON HOLIDAYS won't take any responsibility for any errors or mistakes made by you in the payment process. From the transactions performed by the Payment Processor, STILL ON HOLIDAYS will only obtain the data needed to ensure the proper compliance with these terms and conditions in strict accordance with the legislation in effect.
The price of the app will be that established at any given time by the app itself, except in the case of obvious error
Should we detect an error in the price, we will inform you as soon as possible and we will offer you the option to reconfirm your order at the correct price or cancel it. In case we are not capable of contacting you, the order will be considered canceled and the amounts paid will be fully reimbursed. We shall not be obliged to supply the app at a wrong price (even if we have already sent you a confirmation).
The payment procedure is secure and STILL ON HOLIDAYS takes responsibility for it. Once all the steps have been completed, no reimbursement will be allowed with the sole exception mentioned in the previous paragraph.
The download of the app implies that the user accepts the license of use of the app, in a personal and non-transferable manner, limited, non-exclusive, provided that the conditions are accepted, with right to reproduce, in whole or in part, of the software only on a mobile device where it can be downloaded, installed and run.
You can only use the app for personal use, without commercial purposes and according to the conditions above. The use of this app for purposes other than the aforementioned implies a breach of the license of use and the intellectual and industrial property rights. The manipulation of the app's software by the user or any third parties, in whole or in part, is expressly prohibited.
The services and contents of the app are offered in Spanish and, where relevant, in any other languages in which the app can be configured.
No warranty of any kind is made regarding the proper operation of the app in all mobile devices. The user must check in advance whether his/her device is compatible with the app according to the indications and characteristics of its manufacturer and its operating system.
The user must download and install the app and access the contents and services available in the app, notwithstanding the specific technical conditions, the need to sign up in advance and the cost for using it.
The user must verify that the app is compatible with his/her device and that its contents match his/her needs, assuming the usage damages of the app, including installation, that could be caused to the device, if it is not compatible with the app. To prevent operation problems and risks to the mobile device, the most recent version of the app must be used, and all updates must be installed and run.
The user may terminate the license of use agreement of the app, freely and at any time, by uninstalling the app from the device, without any further requirement.
STILL ON HOLIDAYS reserves the right to:
BeMyPhone stores the credentials of the apps so that you can access them from any device. However this credentials are encrypted and neither Still On Holidays S.L. nor any and all third-parties can access this information.
The app will run or access the following functionalities or apps of the device:
Access to the various permits listed here is only for the use of the app by the user. Under no circumstances it is used to collect information of the user or any purpose other than offering the various functionalities.
WhatsApp is currently non-compatible with BeMyPhone due to the characteristics of WhatsApp.
The user is aware that the software, the contents and the services offered with the app -including, among others, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all the comments, exhibitions, apps, data bases and their codes- are protected by the laws of intellectual property. Regarding the contents included in the app, the copyrights are owned by STILL ON HOLIDAYS.
The download, installation and execution of the app will not imply under any circumstances the waiver, renunciation or transfer, in whole or in part, of the ownership of the corresponding rights of intellectual and industrial property.
The app and its protected content, in whole or in part, cannot be distributed, transferred, copied, published or transformed, in whole or in part, by means of any manual system or method, electronic or mechanic, through any support currently known or invented in the future, without the prior authorization from STILL ON HOLIDAYS. Any use, of any sort, of the app, other than what is governed by these terms of license of use, is subject to the obligation to request prior authorization in writing from STILL ON HOLIDAYS.
The license of use of the app is of indefinite duration. However, STILL ON HOLIDAYS may terminate at any moment, without any cause, the license of use and cancel its services and contents. Whenever reasonably possible, STILL ON HOLIDAYS will communicate in advance the termination or cancellation of the provision of contents and services of the app.
These general conditions and any other conditions set out in the Web Site are subject to the Spanish law.
In case of disputes or controversies between the parties, both parties agree to submit, with an express waiver of any other jurisdiction, to the courts and tribunals of the city of Gijon. In case the user has legal residence outside Spain, STILL ON HOLIDAYS and the user submit, with an express waiver of any other jurisdiction, to the courts and tribunals of the city of Gijon (Spain).