1. INTRODUCTION AND INFORMATION ABOUT THE WEBSITE AND THE
Mobility Services, S.L. ("AMS")
is conducting a temporary pilot project in the municipalities of Esplugues de
Llobregat and Munich to study the impact of initiatives to reduce the use of
private vehicles (the "Pilot
Test"). The pilot will take place between September 18 and November
part of the pilot project, AMS has developed the website esplugues.immenseapp.eu and the mobile application "Immense App" ( the "App", and together with the Website the "Platform"). These General Terms and Conditions ( the "Terms
and Conditions") set out the warnings and general terms and conditions
that apply when using the technical means that AMS makes available to Users on
the Website and in the App.
is a Spanish limited liability company, holder of Tax Code B67061952 and registered
with the Mercantile Registry of Barcelona in Volume 47187 on page 197 and Sheet
The contact details of AMS are
- Registered office: Avinguda Diagonal (ed. Prisma),
611 - 613, planta 3, 08028 Barcelona (Spain)
- Phone Number: +34639346816
ACCESS, REGISTRATION AND USE OF THE PLATFORM
2.1 Services offered
platform enables the testing of innovative strategies to manage traffic with
private vehicles in cities with the aim of reducing vehicle use and promoting
more sustainable inner-city mobility.
this respect, the platform allows users to visualize their routes within the
environmental zones, so that distances traveled and the means of transport used
in each case can be displayed.
platform also offers users the opportunity to participate in a series of
competitions organized by the Esplugues City Council, where there are prizes to be
won. Participation in these competitions and the receipt of prizes are each
subject to their own specific terms and conditions (the "Special Terms and Conditions"),
which are clearly visible in the relevant section of the Website and the App
and which can be accessed via the following link: [incluir enlace a las bases legales de los premios ofrecidos por los
ayuntamientos]. Please ensure that you have read and understood them before
participating in any competition offered on the Platform.
reserves the right to change the organization and design of the Website and the
App, the services offered and information, graphics, images, designs and other
materials on the Website and in the App (the "Content") at any time
if the Content is to be adapted to new technical requirements, if the number of
users increases or decreases, when new
user needs arise, when legal provisions have to be implemented or there are
other operational reasons.
Registration on the platform is
limited to users who are at least 18 years old. Since the pilot is temporary,
the platform will only allow the registration of a maximum of 1,000 users.
After that, registration is no longer possible.
The app will be available on the
following platforms App Store & Google Play and will be compatible with iOS
and Android operating systems.
In order to register and use the
services offered via the app, the following steps are required:
(i) Registration is done via
the following link: [incluir enlace].
(ii) During registration,
users will be asked to provide their personal data, their user data, including
their e-mail address and password, as well as their vehicle data and other
(iii) Users will be given the
opportunity to read the Terms and Conditions, the Special Terms and Conditions
proceed with the registration. AMS will store the documents to which the user
(iv) When all steps have been
completed, the registration is completed and the user bindingly agrees to
conclude a contract with AMS on the basis of these Terms and Conditions.
(v) Once registration is
complete, users will receive instructions on how to download the app via a link
to the Android and iOS platforms. Users will also receive a QR code to scan
once the app has been installed.
The user can terminate and/or
stop the registration at any time and resume it later. The user can also check
and correct any errors in the data entered.
Required authorizations for the operation of the app and
In order to ensure the proper
functioning of the app, it is necessary that the user grants the following
In particular, the User must (i)
allow the App to access the geolocation data of his mobile device and (ii) allow the App to access the camera of his
mobile device to scan the QR code.
Users are expressly informed
that the refusal of the aforementioned authorizations may prevent the proper
functioning of the app and thus the full provision of the services offered.
In order to achieve optimal
performance of the App, the User is also advised to: (i) allow the App to access the movement data of the mobile device;
(ii) allow the App to search for and
connect to nearby devices so that they know if the User is in the vehicle
configured for the pilot; (iii) disable the battery saver specific to the
mobile device; and (iv) allow the
App to send notifications.
The use of the app requires version xxx of iOS when used on an iPhone device or version xxx of Android when
used on an Android device. AMS will
provide the necessary updates for the App (e.g. security updates or technical
updates required for trouble-free operation of the App). The user is
responsible for observing the technical requirements for using the app and
installing any app updates.
2.4 Access and use by the user
accessing and using the Platform, the User agrees to:
Truthful and up-to-date information must be provided if
it is necessary to fill out a form. A user is solely responsible for false or
inaccurate statements and the damages that AMS or third parties may suffer as a
No personal data of third parties may be passed on or
otherwise entered to AMS unless the third party has expressly consented to
The use of the platform must be made without violating
these General Conditions, the laws in force, good faith, morality and public
In addition, the Platform may not be used for unlawful
purposes or for purposes that may cause damage to AMS or third parties, or in
any manner that may damage or hinder the normal operation of the Platform.
regard to the content, the following is also prohibited:
reproduction, copying, distribution, dissemination,
communication to the public, transformation or modification, unless there is
written permission from AMS or the rightholder; Your rights to make a backup
copy of the software in accordance with § 69d (2) UrhG or to decompile the
software under the conditions set out in § 69e UrhG remain unaffected;
infringement of the rights of AMS or third parties;
use for commercial or advertising purposes, and
Attempt to obtain the content in a manner other than that
permitted by the Platform, without causing damage to AMS or the Platform, if
may refuse the services offered on the Platform under the conditions permitted
by law and for objective and non-discriminatory reasons (including, but not
limited to, in cases where there are indications of fraud or incorrect data,
temporary unavailability of the server, etc.).
3. RESPONSIBILITY OF THE USER
to and use of the Platform by the User is under the User's sole and complete
responsibility, whereby AMS is expressly exempt from any claim for damages
arising from damage that the User or third parties may suffer as a result of
use contrary to the General Terms and Conditions and applicable law. Failure to
comply with the General Terms and Conditions and applicable law may result in
AMS denying the User access and use of the Services and Content without prior
4. DISCLAIMER OF WARRANTY AND LIABILITY ON THE PART OF AMS
provides access to the Platform, the Services and the Content with appropriate
skill and care. In the event of defects in the platform, the user is entitled
to the statutory warranty rights. In addition, AMS does not assume any
contractual obligations, except those arising from the General Terms and
Conditions. AMS does not provide any warranty and is not liable for any damage
that may result from the following causes:
temporary unavailability, maintenance and temporary
interruptions in the proper operation of the Platform, its services and/or
content; in this sense, the user acknowledges that the Internet is a medium
subject to disruptions and interruptions in operations;
lack of compatibility of the Website and/or App with the
User's devices, including computers, browsers, mobile devices, tablets, etc.;
lack of usefulness, suitability or applicability in
relation to meeting the individual needs, activities, specific findings or
expectations of users;
lack of veracity, accuracy and timeliness of user data;
the infringement of intellectual property rights,
including industrial property rights, image and data protection rights or other
rights of third parties as a result of the use of the content by the user.
5. Intellectual property
intellectual property rights, including industrial property rights and other
rights that exist or may exist in the platform and the content on the platform,
are the exclusive property of AMS as the owner. Access to and use of the
Platform, as well as acceptance of the Terms and Conditions, do not grant the
User any rights to the Intellectual Property Rights of AMS, nor do they assign
such rights to the User. In particular, any type of distribution, reproduction,
public communication, transformation and any other interference with the
intellectual property rights of AMS is prohibited, unless the user has the
prior express consent of AMS.
trade names or other distinctive signs of any
kind that appear on the Platform (the "Trademarks"). Users may not
use the trademarks without the express prior consent of AMS.
mention or reference to third-party intellectual property rights implies
recognition by AMS in favor of the holders.
6. Termination AND TERMINATION
user can terminate the contractual relationship with AMS at any time without
notice and without giving reasons by uninstalling the app. In this case, the
user will no longer be able to use the platform or view the data and
information stored on the platform. Legal claims to receive content that is not
personal data and that the user has provided or created during the use of the
platform remain unaffected.AMS may terminate the contractual relationship with
a notice period of three days by informing the User of this in a reasonable
any case, the contractual relationship ends automatically at the end of the
termination of the contractual relationship means that access to and use of the
platform is no longer possible.
personal data will be processed by AMS and the City of Esplugues as joint
APPLICABLE LAW AND JURISDICTION
The Terms and Conditions and any dispute
arising out of or related to the use of the Platform shall be governed by
Spanish law, excluding its conflict of law provisions. Insofar as the user is a
consumer and has his habitual residence in a state other than Spain, the
applicability of the mandatory law of this other state remains unaffected. Any
dispute concerning the validity, effectiveness, performance, interpretation or
execution of the contractual relationship between the parties or any other
dispute relating thereto shall be subject to the jurisdiction of the courts of
the user's domicile.
Last version: September 2023
Barcelona, ABERTIS MOBILITY SERVICES, S.L. Reproduction in whole or in part is
prohibited. All rights reserved.