User Terms and Conditions

Please read these Users 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 User or Member, all of which are part of the Landscape Monitor Platform (the “Platform”).

These Terms constitute a binding agreement between you (the User or “You”) and Davila Simon Group, S.L. ("We", “Us” or "DSG") as owner of the Platform. You warrant and represent that You have full capacity to enter into these online Terms on your own name.

These Terms shall apply to the use of the Platform and the Services (as defined below) in any of our different plans (Landscape Free, Landscape Premium and Landscape Business).

By accepting these Terms, You acknowledge that You have read and agree to be bound by these Terms, including our Privacy Policy and Cookies Policy , which are hereby incorporated in these Terms by reference.

  1. services

    1. The Platform allows You to participate and take part of a Landscape Community (the “Community”) as a member. In the Platform You can connect and share with other members of the Community (the “Member” or “Members”, when applicable), 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 “Services”).

      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.

  2. invitation to participate in the platform

    1. In order to participate in a Community, the administrator of such Community (the “Administrator”) must previously invite You. Notwithstanding, You will not be allowed to participate in the Community until you have entered into these Terms.

    1. The maximum number of Communities or Members of each Community may vary depending on the plan subscribed by the Administrator.

    1. Upon your invitation to the Community as a Member, You will be able to communicate with other Members and to create or share content (such as, among others, information, content, pictures, music, videos, documents, data, advertisements, promotions, logos, opinions, articles, material, links, code, software, inter alia) (“Your Content”) with the other Members of the Community.

  3. registration and account

    1. In order to use the Platform and any of the functionalities of the Services We will require You to create your own personal account (the “Account”) by providing Us with a nickname, an e-mail, a password and some additional personal data, which will always be treated according to our Privacy Policy. Such Account shall be personal and its access information strictly confidential and, hence, You are fully responsible for 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, if applicable, 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 immediately at support@landscapemonitor.io 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 identity theft or other fraudulent activity.

  4. subscription plan and pricing

    1. The features and functionality of the Platform may vary between plans (the “Plans”) and may also change over time. Please visit https://landscapemonitor.io (the “Website”) to check all available plans and its different features and functionalities.

  5. cancelation or changes to your subscription to landscape

    1. You can cancel your subscription to the Platform at any time. When canceling your subscription to the Platform or Services your Account will be automatically disabled upon your cancellation.
    2. You acknowledge and agree that the Administrator may cancel the subscription to the Services or downgrade the Plan and this may result in a reduction of the number of Communities and Members of each Community. For that reason, if the Administrator decides to cancel the subscription to the Services or exclude You as a Member, in the latter in case of downgrading of the Plan, You may lose the access to the Account and to certain features, data and content uploaded by You in the Community.
    3. We are not responsible for any decision or action taken by the Administrator 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 action or decision taken by the Administrator.

  6. access and use restrictions

    1. 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.
    2. 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.
    3. 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.
    4. 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.

  7. use of the platform

    1. 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.
    2. 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.
    3. 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.

  8. privacy policy

    1. The Privacy Policy describes our information practices, including the types of information We receive and collect from You, how we use and share this information, and your rights in relation to the processing of information about You and the Members. The Privacy Policy sets out the legal bases for our processing of personal information about You and the Members, including, among others, the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information where We have or use facilities, service providers, affiliated companies, or partners, regardless of where you use our Services.

  9. content and intellectual property

    1. 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.
    2. Content provided by You: In relation to Your Content, You represent to Us that You are either the authors or have all rights and permissions to share, distribute, publish and make available and license Your Content as well as any other right, document or material arising from the performance of the Services or the use of the Platform, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components and that Your Content will not infringe the rights of any third party.
    3. We reserve the right to remove, screen or edit Your Content at our sole discretion. Furthermore, if We believe You are breaching security, other’s intellectual property rights, these Terms (or other applicable terms) or our Privacy Policy, We may suspend Your use and access to the Platform and your Account.
    4. We use the information and Your Content to help operate, provide, and improve our Services. To operate our Service, we need to store and distribute Your 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.

  10. members and third-party content

    1. 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 Member or 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.
    2. We may display Third-Party Content, which is deemed appropriate and reliable to You and/or the Users. 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.
    3. 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.

  11. license agreement

    1. 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 (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.
    2. You agree that Your 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 derivative works or broadcast) all Your Content (including especially any Intellectual Property rights that they include or that may arise from Your 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 Your 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.

  12. suspension and termination

    1. 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.
    2. 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.
    3. You understand and agree that some of Your Content may continue to appear publicly in the Platform even after your Account is terminated, subject to your right to have Your Content removed upon request in accordance with applicable law.
    4. Upon termination or expiry of these Terms or your Account for any reason, clauses 6, 8, 9, 11, 13, 14, 20, 21 and 22 of these Terms and any other related clauses will continue to apply.

  13. disclaimer of warranties and limitation of liability

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

  14. indemnification

    1. 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.
    2. 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.

  15. changes

    1. 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.

  16. translations

    1. 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.

  17. contact information

    1. 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.
    2. You can send any request to Us through this email: support@landscapemonitor.io

  18. limitation of the services

    1. 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.

  19. assignment

    1. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
    2. Except as contemplated herein, these Terms do not give any third-party beneficiary rights.

  20. entire agreement and severability

    1. The Terms (including the Particular Conditions, the Privacy Policy and the Cookies Policies) contain the entire understanding between We and You with respect to the use of the Platform and the Services and supersedes all prior written and oral agreements and understandings relating to this matter, which shall have no further force or effect from the date hereof.
    2. 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.

  21. waiver of rights

    1. 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.

  22. governing law and jurisdiction

    1. These Terms (Privacy Policy and Cookies Policy) and your access to, and/or use of the Platform and the Services shall be governed by and construed exclusively in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.
    2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms (including Privacy Policy and Cookies Policy), or related, directly or indirectly, to the use of the Platform and the Services, and/or the provision of content and/or technology on or through the Platform and the Services shall be settled by the Courts of the city of Barcelona (Spain).