Customer Terms and Conditions
Please read these Customers Terms & Conditions (the “Terms”) carefully before using any Landscape platform.
Welcome to the Landscape community. You are reading these Terms because
you are using a Landscape website, platform, software, mobile app,
wearable technology or one of our other products or services as a
Customer, all of which are part of the Landscape Monitor Platform (the
These Terms constitute a binding agreement between you (if you are a
professional) or the legal entity that you represent (the
“You”) and Davila Simon Group, S.L.
"DSG") as owner of the Platform. You
warrant and represent that You are entering into these online Terms on
your own name (in case you are a professional) or on behalf of the
Customer and that you have full authority to bind the Customer to these
These Terms shall apply to the use of the Platform and the Services (as
defined below) in any of our different Plans (as applied below).
By accepting these Terms, You acknowledge that You have read and agree
to be bound by these Terms, including our
, which are hereby incorporated in these Terms by reference.
The Platform allows You to create a Landscape Community (the
“Community”) in which Members
(as defined below) can connect, sharing with one another,
messages, videos, images, links and content. Furthermore, the
Platform allows You to collect, exchange and analyze information
from your organization or Community, all around the concept of
landscape (all the foregoing, the
Any reference to Services in these Terms will include all features and functionalities, recommendations, users interfaces, content information, materials, computer code, software and any other that element that is part of the Services and/or the Platform, including without limitation, software, images, text, graphics, illustrations, trademarks, photographs, audio, videos and sound.
registration and account
In order to use the Platform and any of the functionalities of the
Services We will require You to subscribe one of our Plans and to
create your own personal account (the
“Account”) by providing Us with a
nickname, an e-mail, a password and some additional personal data
as well as a payment method, if applicable, which will always be
personal and its access information strictly confidential and,
hence, You are fully responsible of the activity occurring under
your Account and We shall not be liable for any loss or damages
that You may suffer as a result of someone else using your Account
and/or accessing or using your content. Likewise, You shall be
liable to any losses or damages caused under the use of your
Account, regardless if it is being used by a third party. To
maintain control over your Account You must take precautionary
measures to prevent anyone from accessing your Account, such as
maintaining control over the devices that You use to access your
Account or not revealing your password or details of the payment
method associated to Your Account to anyone. You are responsible
for updating and maintaining the accuracy of the information You
provide to us relating your Account. You agree to notify Us
if You discover any unauthorized use of your Account or login
credentials. We can terminate your Account or place your Account
on hold in order to protect You, We or our partners from an
identity theft or other fraudulent activity.
subscription plan and pricing
The features and functionality of the Platform may vary between
plans (the “Plans”) and may also
change over time. Please visit
(the “Website”) to check all
available plans and its different features and functionalities and
its prices and to subscribe to one of them. Special conditions may
apply to You depending on the Plan You subscribe.
- We may change and modify our subscription Plans and the price of our Services from time to time. Any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to You.
cancelation or changes to your subscription to landscape
You can cancel your subscription to the Platform or upgrade or downgrade your Plan at any time, in accordance with the following:
- When canceling your subscription to the Platform you will be required to pay your subscription until the end of your current billing period, when the Account will be disabled. This will not apply if your subscription plan is Landscape Free, in which case your Account will be automatically disabled upon your cancellation;
- If You upgrade your Plan, the new features and functionalities will apply automatically from the moment You make the payment of the new Plan; and
- If You downgrade your Plan, the new features and functionalities of your Account will take place at the end of your current billing period.
- You acknowledge and agree that the downgrade will result in a reduction of the number of Communities (as defined below) and Members (as defined below) of each Community and losing access to certain features, data and content uploaded by the Members to the Community.
- The Services must be paid in advance. Payments are non-cancelable and non-refundable unless expressly stated. Prices are exclusive of any taxes, duties, or any government assessment and We do not provide refunds or credits for any partial - month membership periods or unused Service, unless otherwise stated. You authorize Us to charge any payment method associated to your Account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel your Account, We may suspend your access to the Services until we have successfully charged the due amount with a valid payment method. For some payment methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details
- If fees are overdue for more than 30 days, we may downgrade the Service to a free service plan until fees are paid. You acknowledge and agree that the downgrade will result in losing access to certain features, data and content uploaded by the Members to the Community.
- All fees are stated exclusive of any applicable taxes, and You are required to pay and bear any sales, use, value-added, withholding, or similar taxes or duties, whether domestic or foreign, related to the transactions under these Terms, other than taxes based on the income of DSG. You should pay all amounts due under these Terms without any set-off, counterclaim, deduction or withholding. In the event that You make any payment subject to a deduction or withholding, You shall be responsible for making the appropriate payment to the appropriate taxing authorities and financially responsible for interest, penalties, fines or similar liabilities resulting from your failure to timely remit such taxes to the proper governmental authority or agency. You acknowledge and accept that You are accessing and using the Platform at the billing address listed in your account or otherwise provided to us in writing and if such address. You agree to indemnify Us for any underpayment or non-payment of any tax, penalty and interest.
communities and users/members
Upon entering into these Terms you will be allowed to create one of more communities in the Platform. Each community will allow certain Members that have been invited by You into such Community to connect with one another, uploading content and expressing their opinions, among others
The maximum number of Communities and Members of each Community may vary depending on your Plan.
shall mean any member of a specific Community, meaning You and any person which has been invited by You to become a member of the Community and who owns an account.
Upon your invitation to the Community to a Member, and after they have created their own account, Members will be able to communicate with other Members and to create or share content (such as, among others, pictures, music, videos, documents, data, advertisements, promotions, logos, opinions, articles, material, links, code, software,
, inter alia) (“Members’ Content”)
with the other Members of the Community. You are responsible for notifying these Terms to the Members and ensuring that all Members who access the Platform comply with these Terms. For the sake of clarity, the content that You may share or create in the Community will be consider as Members’ Content.
You are solely responsible for the Community and for the use of the Community and the Platform by the Members as well as for the Members’ Content. You must be responsible of sharing these Terms with the Members and to ensure that all Members who access the Platform comply with these Terms. You agree to indemnify, defend and hold Us harmless for any claim for damages that may arise by the Members, a third party or ourselves connected to the use of the Platform by the members in any way or the Members’ Content.
access and use restrictions
The use of the Platform and the Services shall be restricted to the stated purpose. Accordingly, You shall not use the Platform or the Services:
- In any way that implies a breach of these Terms;
- In any way that violates any applicable law or regulation, including displaying, uploading or submitting content or information that encourages conducts that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice, including any violation or infringement of intellectual or industrial property rights of any person;
- In any way that may disrupt, negatively affect or inhibit others from using the Platform or that could damage the functioning of the Platform or our servers or any networks connected to any of our servers in any manner;
- To upload files that contain viruses or similar software programs with the aim to damage another person’s computer or system or the Platform itself or our servers;
- Without our written consent, send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, or any other form of unauthorized advertising or promotional material; and/or
- If according to your personal law and to the laws of Spain You are not old enough to access the Platform.
- Furthermore, You should not use automated systems or software to extract data from the Platform or the Website for commercial or non-commercial purposes (Screen Scraping) unless You has previously concluded a written license agreement with Us for this purpose.
- We may make changes to the Platform, in our sole discretion without notice. We do not guarantee that the Platform and its content will always be available or be interrupted. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Platform, or the entire Website.
- We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement.
use of the platform
- In addition to any other requirements set forth in these Terms, it is necessary to have internet access and ready device to use the Platform. In this regard, You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for the access and use of the Platform and all charges related to the same.
- In particular, You may access the Platform through a computer, mobile phone, tablet, console, or other technology. Your carrier's normal rates and fees apply to your device.
- Access to the Platform may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You or the Members may be subject to.
- As a Customer, you grant us permission to access Members personal data for executing the license of the Platform and for providing You our database Services. For this purpose, the processing shall be governed by the Data Processing Agreement (“DPA”) attached in these Terms as Annex I.
content and intellectual property
Content provided by Us: We or our licensors, when applicable, shall retain all right, title and interest to the Platform and any content information, material, code and software that is part of the Platform and any other right, document or material arising from the performance of the Services, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components that make up the site other intellectual property rights, logos, icons, user interfaces, scripts, videos, text, images, sounds, music, videos and artwork (“Our IP”).
Except with our express written permission or as permitted by applicable laws, You may not (in whole or in part) copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, perform, publish or create derivative works, offer for sale or use (except as explicitly authorized in these Terms) any part of Our IP. No rights are granted to you except as expressly set forth in these Terms.
You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform or the Service; use any robot, spider, scraper or other automated means to access the Platform; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform or the Service; insert any code or product or manipulate the content of the Platform or the Services in any way; or use any data mining, data gathering or extraction method. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform or the Services, including any software viruses or any other computer code, files or programs.
Content provided by You and the Members of the Community: In relation to the Members’ Content, You represent to Us that You and the Members are either the authors or have all rights and permissions to share, distribute, publish and make available and license such Members’ Content as well as any other right, document or material arising from the performance of the Services, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components and that Members’ Content will not infringe the rights of any third party.
- We may display Members’ Content, which is deemed appropriate and reliable to You and/or the Members. However, as We cannot control all such Members’ Content included, We make no representations or warranties of any kind regarding such Members’ Content, and We accept no responsibility for any loss or damage which might arise from the use of such Members’ Content. Accordingly, your use of or interactions with any Members’ Content are solely between You and such Member and, therefore, if You decide to access to such Members’ Content, You do so entirely at your own risk.
- We use the information and the Members’ Content to help operate, provide, and improve our Services. To operate our Service, we need to store and distribute Members’ Content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
- In the case that the Platform or the Services contains an action, information, content, material, data, opinion, advertisement, promotion, logo or any link to any websites, software, mobile app, wearable technology or any other third party content (collectively, the “Third-Party Content”), We hereby inform You that We are not responsible for such Third-Party Content, or any changes or updates to them. The Third-Party Content may provide their own terms and conditions of use, privacy policies and cookies policies that apply to You and your use of such Third-Party Content is not governed in any manner by these Terms.
- We may display Third-Party Content, which is deemed appropriate and reliable to You and/or the Members. However, as We cannot control all Third-Party Content included, We make no representations or warranties of any kind regarding such Third-Party Content, and We accept no responsibility for any loss or damage which might arise from the use of such Third-Party Content. Accordingly, your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between You and such third parties and, therefore, if You decide to access to such Third-parties Content, You do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Content.
- The Platform may include Third-Party Content provided by third parties, which do not necessarily reflect the opinion of DSG. We are not responsible, or liable to You or any third party, for the Third-Party Content.
- Subject to these Terms, during the term of these Terms We grant You a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use Our IP, subject to and in accordance with these Terms and the Particular Conditions (as defined below). This license is for the sole purpose of enabling You to use our Services in the manner permitted by these Terms. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to You in the framework of these Terms.
- You agree that Members’ Content will be treated as non-confidential and You grant Us a royalty free, perpetual, worldwide license to use and/or exploit (including the right to, but not limited to, disclose, reproduce, transmit, publish, copy, distribute, reproduce, adapt, store, decrypt, commercialize, create derivate works or broadcast) all Members’ Content (including especially any Intellectual Property rights that they include or that may arise from such Members’ Content), without notice, compensation or acknowledgement to You, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving our products and services.
Please note that We are free to decide whether or not to use Members’ Content and that We may already have developed similar IP or have obtained such IP from other sources, in which case all intellectual property rights in this content remains with Us and its licensors.
suspension and termination
- We may modify, suspend or terminate Members’ access to the Platform and the use of our Services (in whole or in part) at anytime for suspicious or unlawful conduct, including for fraud, or if We reasonably believe You violate our Terms or create harm, risk, or possible legal exposure for us, our users, the Members, or others.
- If these Terms or your Account are terminated, Your rights to access and use the Platform, the Services, Our IP and your Members’ Content of the Platform immediately ends and any licenses granted to You under these Terms terminate.
- You understand and agree that some of your Members’ Content may continue to appear publicly in the Platform even after your Account is terminated, subject to your right to have your Members’ Content removed upon request in accordance with applicable law.
- Upon termination or expiry of these Terms or your Account for any reason, clauses 5, 7, 9, 10, 12, 14, 15, 21, 22 and 23 of these Terms and any other related clauses will continue to apply.
disclaimer of warranties and limitation of liability
- The Services, the Platform and all information, products and services provided through them are provided on an "as is" and "as available" basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided through the Platform and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from the access or use of the Platform or the Services or relying on the content of the Platform and the Services.
- Likewise, We make no warranty that the Platform, Services or products will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
- We are not responsible for the content, data, or actions of third parties, and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties. No advice or information, whether oral or written, obtained by You from Us or through or from our services creates any warranty not expressly stated in these Terms.
- Any material downloaded or otherwise obtained through the Platform, or the server that makes it available, is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, as We cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Platform.
- Notwithstanding the above, in any case, our aggregate liability relating to, arising out of, or in any way in connection with the Platform or the Services shall be limited to losses that are a reasonably foreseeable consequence of such breach and will not exceed the amount You have paid Us in the past six months. If the applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law.
- To the fullest extent permitted by applicable law, You will indemnify, defend and hold Us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) Your or Members’ access to the Platform, including, but not limited to, products or services other than as expressly authorized in these Terms; (ii) your or Members’ access to or use of our Services, including information provided in connection therewith; ; (iii) violation of these Terms or of the applicable law by You or by the Members; (iv) use of information from the Platform by You or by the Members; or (v) any misrepresentation made by You or by the Members.
- We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this clause. In such event, You shall provide Us with such cooperation as is reasonably requested.
- We may modify, add or remove portions of these Terms and the content on the Platform and the Services at any time. We will notify You before any changes of these Terms. If You do not agree to the modified Terms, You should discontinue your access and use of the Platform and the Services. Your continued use and access to the Platform and/or the Services following any modification to these Terms shall be deemed an acceptance of all modifications.
- The Platform may contain translations of content that it is originally in other language. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall prevail.
- We are a company registered in calle Professor Barraquer 9, 08950 Esplugues de Llobregat (Barcelona), and with Tax Identification Number B-64435712 and filed with the Companies Registry of Barcelona, under volume 39,254, sheet 63, page no. B-343209.
- You can send any request to Us through this email: firstname.lastname@example.org
limitation of the services
- The Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
- Except as contemplated herein, theses Terms do not give any third-party beneficiary rights.
entire agreement and severability
- In the case of the business Plan, it is possible that would apply particular conditions (the “Particular Conditions”). The Particular Conditions shall be subscribed in writing between You and DSG. In the event of any conflict between these Terms and the Particular Conditions, the Particular Conditions shall prevail.
- If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, for any present or future reason, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions hereof. These Terms shall be construed in such a way as if such invalid or unenforceable provisions had never been contained herein. For those purposes, the Terms shall no longer be valid exclusively with respect to the null or invalid provision, and none of the remaining parts or provision of these Terms shall be null, invalid, prejudiced or affected by such nullity or invalidity.
waiver of rights
- The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and expressly accepted by the party to be charged therewith.
governing law and jurisdiction
Annex I: Data Processing Agreement
- Within this DPA, “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679), and “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” and “Processing” shall have the same meanings as are defined in the GDPR. “Processed” and “Process” shall be construed in accordance with the definition of “Processing”. All other defined terms herein shall have the same meanings as are defined elsewhere in these Terms.
In conducting our activities as Processor under these Terms in relation to any personal data related to Customers’ representatives and Members (“Personal Data”), DSG confirms that:
We Process Personal Data for executing the license of the Platform and for providing our Database Service.
- The categories of Data Subjects include Customers’ representatives and Members.
- Your obligations and rights as a Controller in relation to Personal Data are as set out in these Terms and Conditions.
To the extent that DSG Processes your Personal Data under or in connection with the Terms and Conditions, DSG shall:
- Only Process Personal Data in accordance with Customer instructions as set out under this Terms and Conditions, including in respect of the transfer of Personal Data, subject to any exceptions permitted by Article 28(3)(a) of the GDPR.
- Ensure that those of its employees authorized to Process Personal Data under these Customer Terms and Conditions have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality in relation to Personal Data.
- Implement the appropriate technical and organizational measures to ensure that the requirements of GDPR are met.
- Assist the Customer by appropriate technical and organizational measures to enable the Customer to fulfil its obligations to respond to requests for the exercise of rights by a Data Subject under Chapter III of the GDPR.
- Assist the Customer in ensuring compliance with Customer obligations pursuant to Articles 32 to 34 GDPR taking into account the nature of the Processing and the information which is available to DSG.
- On termination of the services, delete the Personal Data pursuant to the Customer Terms and Conditions, unless European Union or Member State law requires Personal Data to be retained.
- Make available to the Customer the information described in these Customer Terms and Conditions in satisfaction of DSG’s obligation to make available all information that is necessary to demonstrate compliance with the obligations of DSG under Article 28 GDPR.
- May subcontract the provision of all or part of the Services described under these Customer Terms and Conditions to our Database supplier (Amazon Web Services). In the other cases, DSG will not subcontract to any third natural or legal persons without the express and written authorizations of the Customer.
- Notify the Customer without undue delay upon becoming aware of a Personal Data Breach relating to Personal Data. Such notice shall include, at the time of notification or as soon as possible after notification, relevant details of the Personal Data Breach where possible, including the number of your records affected, the category and approximate number of affected Members, anticipated consequences of the breach and any actual or proposed remedies, where appropriate, for mitigating the possible adverse effects of the breach.
- As required, shall transfer Personal Data only to countries where European Commission has decided that the country in question ensures an adequate level of protection, or with appropriate safeguards, like the signature of contract with standard data protection clauses adopted by the European Commission.
To the extent that Customer is the Controller of the Personal Data in connection with the Terms and Conditions, the Customer shall:
- Maintain a record processing activity under its responsibility. That record shall contain: the name and contact details of the Customer, the purposes of the processing, a description of the categories of Data Subjects and of the categories of personal data, the categories of recipients to whom the personal data have been or will be disclosed; where applicable, transfers of personal data to a third country; where possible, the envisaged time limits for erasure of different categories of data and where possible, a general description of the technical and organizational security measures referred to in article 32 GDPR.
- In the case of a Personal Data breach, shall without undue delay and, where feasible, no later than 72 hours after having become aware of it, notify the Personal Data breach to the supervisory authority competent.
- Document any Personal Data breaches, comprising the fats relating to the Personal Data breach, its affects and the remedial action taken.
- Take appropriate measures to provide any information referred to in article 13 and 14 GDPR.
- Respond to requests for the exercise of rights by a Data Subject under Chapter III of the GDPR.
- Where applicable, shall carry out an assessment of the impact of the envisaged processing operations on the protection of Personal Data.
- When requested by DSG, the Customer shall make available to DSG all information necessary to demonstrate compliance with the obligations laid down in these Customer Terms and Conditions and Data Processor Agreement and shall allow for and contribute to audits, including inspections, conducted by DSG.
- Have additional policies or codes of conduct which apply in relation to Members use of the Platform.
- Defend, indemnify and hold harmless DSG from and against all claims (from third parties and/or the Members), costs, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with Customer breach related to Personal Data, Customer Policies or use of the Platform in violation of these Customer Terms and Conditions.
- This DPA will remain in full force and effect so long as these Customer Terms and Conditions remain in effect.
- This DPA shall be interpreted, construed and governed according to Spanish legislation and shall be subject to the jurisdiction of the Courts of the city of Barcelona and waive any other authority or jurisdiction which may apply.