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Terms and conditions
Thank you for choosing XKELET ("XKELET", "we", "us", "our"). By registering or otherwise using XKELET service, websites and software applications (collectively, the "XKELET service" or "Service") or by accessing any content or material that XKELET publishes through the Service ( The "Content"), is entering into a binding agreement with the XKELET company specified at the end of this document.
The use of the XKELET service depends on different technical requirements.
Read the Contracts carefully. They include important information about the XKELET services we provide you, as well as information about charges, taxes and fees that we will charge you. Contracts include information on future changes to the Contracts, export controls, automatic renewals, limitation of liability, private information, a class action waiver, and dispute resolution through arbitration rather than court.
Any information you provide during the registration process may modify it during the same process; To do so, you must return to the previous screens and modify the wrong data.
In order to use the XKELET service and access its Content, you must be (1) 18 years or older, (2) able to enter into a binding contract with us and that no law in force prevents you from doing so, and (3) Country that provides the Service. In addition, you must ensure that all registration information you provide to XKELET is truthful, faithful and complete, and you accept that it will be so at all times.
If you are in any of the following countries, refer to the following table for country-specific age restrictions:
2. Changes in Contracts
Occasionally and at our discretion, we may implement changes to the Contracts. If we implement significant changes in the Contracts, we will notify you in a way that we deem most appropriate; For example, we will display a prominent notice on the Service or send you an email. In some cases we will notify you in advance, and your continued use of the Service once the changes are implemented will constitute your acceptance of the changes. Therefore, be sure to read the notice carefully. If you do not wish to continue using the Service under the new Contract, you may terminate the Contracts and contact us through the Customer Service contact form.
3. Enjoy XKELET
Below you will find information on the different options available to enjoy XKELET.
3.1 Our services and paid subscriptions
XKELET offers services of capture of 3D volumes, management of users and generation of immobilizations.
Certain XKELET services are free. But for other XKELET services you must pay before using them. XKELET services that you can access after making a payment are currently called "XK BASIC Service", "XK PRO Service" and "XK PREMIUM Service". The free service is currently called "XK FREE". For more information about our services, visit our website.
Unlimited Service may not be available to all users. We will inform you about the services available when you want to subscribe to any. Please note that the Service (XKBASIC, XKPRO and XKPREMIUM) may not be offered in the future, in which case you will not be charged for the Service.
From time to time, we may offer, or otherwise offer on our behalf, subscription proofs paid for a certain time (a "Proof"), but you will not have to pay or pay a reduced fee.
XKELET reserves the right, in its sole discretion, to determine its eligibility to receive a Test and, subject to applicable laws, to withdraw or modify a Test at any time, without prior notice and without liability, to the extent that it Allow the law. For some Tests, we will ask you to provide payment information at the beginning of the Test period. AT THE END OF THE TEST, WE MAY BEGIN TO AUTOMATICALLY CHARGE YOU FOR THE SUBSCRIPTION PAID CORRESPONDING ON THE FIRST DAY AFTER ENDING THE TEST PERIOD and MONTHLY. BY PROVIDING THE PAYMENT DATA IN THE PROOF, YOU ACCEPT THE CHARGE OF THE POSITION. IF YOU DO NOT LIKE TO BE PAID, YOU MUST CANCEL THE SUBSCRIPTION PAID CORRESPONDING THROUGH THE XKELET ACCOUNT SUBSCRIPTION PAGE OR CLOSE YOUR XKELET ACCOUNT BEFORE YOU FINISH THE PROOF. IF YOU DO NOT WISH TO BE FOLLOWED BY A MONTHLY CHARGE, YOU MUST CANCEL THE SUBSCRIPTION PAID CORRESPONDING THROUGH THE XKELET ACCOUNT SUBSCRIPTION PAGE OR CLOSE YOUR XKELET ACCOUNT BEFORE YOU FINISH THE CURRENT MONTH. PAYMENT SUBSCRIPTIONS CAN NOT BE CANCELED BEFORE THE PERIOD YOU HAVE PAID AND, EXCEPT AS PROVIDED IN THESE TERMS, XKELET WILL NOT REFUND ANY TARIFF YOU HAVE PAID
THE LIMITATIONS SECTION PROVIDES ADDITIONAL TERMS ON THE CANCELLATION OF THE SUBSCRIPTION PAID.
4. Rights we grant you
The XKELET service and its Content are owned by XKELET or the XKELET licensors. We grant you a limited, non-exclusive, revocable license to use the XKELET service, and a limited, non-exclusive, revocable license to make personal use and non-commercial use of the Content (the "License"). This License will be valid until or unless you or XKELET cancel it. You declare and agree that you will use the Content for personal, non-commercial purposes and that you will not redistribute or transfer the XKELET service or its Content.
XKELET software applications and all Content are licensed, not sold, and XKELET and its licensors retain ownership of all copies of XKELET software applications and their Content, even after installing them on your computer Personal, mobile device, tablet and any other similar device ("Devices").
All XKELET trademarks, service marks, trade names, logos, domain names and any other features of the XKELET brand ("XKELET Brand Features") are the exclusive property of XKELET and its licensors. The Contracts do not give you any right to use the XKELET Brand Features for commercial or non-commercial purposes.
You agree to respect our User Guidelines and not to use the XKELET service, its Content or any other part included in this document in any way that is not expressly authorized by the Contracts.
Except for the rights expressly granted to you by these Agreements, XKELET does not grant you rights, titles or interests in the XKELET service or its Content.
5. Third-party applications
The XKELET service is integrated with applications, websites and third-party services ("Third-party applications") to make available content, products or services. These Third Party Applications may have their own terms and conditions of use and privacy policies, and the use of these Third Party Applications will be governed by such terms and conditions and privacy policies, and will be subject to these. You understand and agree that XKELET does not endorse or be responsible for the behavior, characteristics or content of the Third Party Applications or any transactions you may make with the provider of such Application.
6. User generated content
XKELET users may upload or contribute ("post") content to the Service (which may include, for example, photos, texts, messages, information, 3D scanners and other content) ("User Content"). For the avoidance of doubt, the "User Content" is any content that is published in the XKELET community and in any other section of the XKELET service.
You agree that, with respect to the User Content you post on XKELET, (1) you have the right to post any User Content, and (2) that such User Content or its use by XKELET, as contemplated in the Contracts, does not constitute A violation of these Contracts, current law, intellectual property (including, copyright), publicity, personality or other rights, nor does it imply affiliation or adherence to you or your User Content by XKELET or any Entity or person without the written consent of said person or entity.
While not required to do so, XKELET may monitor, revise or edit User Content. In all cases, XKELET reserves the right to remove or cancel access, without any reason, to User Content that, in XKELETs opinion, violates these Agreements. XKELET can take these steps without notifying you or others in advance. The removal or cancellation of access to your User Content will be at our discretion, and we do not affirm that we will remove or cancel access to any specific User Content.
You are solely responsible for all User Content. XKELET will not be responsible for any opinions included in any User Content, nor will it endorse these opinions. YOU AGREE THAT IF SOMEONE MAKES A CLAIM AGAINST XKELET RELATED TO THE USER CONTENT THAT YOU PUBLISHED, YOU, TO THE EXTENT PERMITTED BY LOCAL LAW, INDEMNIFY AND EXPOSE XKELET AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE COSTS AND FEES OF ATTORNEY) THAT COULD ARISE FROM SUCH CLAIM.
7. Rights you grant us
Subject to the rights we have given you under the Contracts, you grant us the following rights: (1) to allow the XKELET Service to use the processor, bandwidth, and storage hardware of your device to facilitate operation Of the Service, (2) provide you with advertising and other information, and (3) allow our business partners to do the same. In any part of the XKELET service, the Content that you see, even in this selection and location, may be affected by commercial issues, which include contracts with third parties.
If you provide comments, ideas or suggestions to XKELET related to the XKELET service or its Content ("Comments"), you accept that the Comments are not confidential, and authorize XKELET to use them without restrictions and without requesting a payment. Comments are a type of User Content.
You grant XKELET a non-exclusive, transferable, sublicensable, royalty-free, indefinite license (or in those jurisdictions that do not allow it, for a period of equal duration as these Contracts, plus twenty (20) years), irrevocable, fully paid And Universal to use, reproduce, make available to the public (eg, create or display), publish, translate, modify, create derivative works and distribute any User Content related to the Service by any means, Alone or combined with other content or material, in any way and by any means, method or technology, whether existing or believed in the future. In addition to the rights specifically granted herein, you retain ownership of all rights, including property rights, of the User Content. If applicable and permitted by law, you also agree to waive any "moral right" (or its equivalent under applicable law), such as your right to be identified as the author of the User Content, including Comments, and your Right to object to the derogatory treatment of said User Content.
8. User Guidelines
XKELET respects the intellectual property rights and expects you to do the same. We have established some basic rules that you must respect when using the Service so that XKELET remains pleasing to all.
Respect these rules and encourage others to do so. The following actions are not allowed under any circumstances:
- Copy, redistribute, rip, record, transfer, display to the public, transmit or make available to the public any part of the XKELET service or its Content, or use the XKELET service or its Content in any way other than Is expressly permitted by virtue of these Agreements or the law in force or that in any way infringes the intellectual property rights of the XKELET service or its Content or any part thereof.
- Use the XKELET service to import or copy local files that you do not have the right to import or copy in this way.
- Transfer copies of Cache Content from an authorized device to another device by any means.
- Use reverse engineering, decompile, disassemble, modify or create derivative works based on the XKELET service, its Content or any part thereof, unless permitted by law.
- Evade any technology used by XKELET, its licensors or third parties to protect the Content or the Service.
- Sell, rent, sublicense or lease any part of the service or its Content.
- Avoid territorial restrictions imposed by XKELET or its licensors.
- To remove or alter any copyright, trademark or intellectual property notice included in the XKELET service or provided through it (in order to hide or modify the indications of ownership or the source of the Content).
- Provide your password to another person or use the username and password of another person.
- "Trace" the XKELET service or use automated means (such as bots, scrapers and spiders) to collect XKELET information.
- Sell a user account or accept any compensation or monetary payment or similar to modify the name of an account or the content of any account.
Respect XKELET, Content owners and other XKELET service users. Do not participate in activities, publish User Content, or register or use a username that has the following characteristics or includes material with these characteristics: - It is offensive, abusive, defamatory, pornographic, threatening or obscene.
- It is illegal, it is intended to promote or commit an illegal act of any kind, including infringements of intellectual property rights, privacy rights, or property rights of XKELET or a third party.
- Include your password or intentionally include the password of another user or the personal data of third parties, or aims to request such personal data.
- Includes malicious content such as malware, trojans or viruses, or otherwise prevents a user from accessing the Service.
- It is intended to harass or intimidate other users..
- Usurpa or misrepresents its affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or erroneous.
- Uses automated means to promote fictitious content.
- Involves the transmission of unwanted bulk mail or other forms of mass mail (junk mail), junk mail, chain messages or similar items, even through the XKELET inbox.
It includes commercial or sales activities, such as advertisements, contests, sweepstakes or pyramid schemes, which are not expressly authorized by XKELET.
- Includes links to references or otherwise promote commercial products or services, unless expressly authorized by XKELET.
- Interferes with the XKELET service or in any way harms, manipulates, violates or attempts to investigate, exploit or examine vulnerabilities in the Service or in XKELET computer systems or networks, in the usage rules or in any security component, measure Of authentication of XKELET or any other security measure corresponding to the Service, the Content or a part of this.
- It conflicts with the Contracts, as determined by XKELET.
You understand and agree that posting such User Content may result in termination or immediate suspension of your XKELET account. You also agree that XKELET may claim your username for any reason.
Be wary of using the XKELET service and what you share in it. The XKELET service includes social and interactive features, including the ability to post User Content, share content and make certain information publicly available. Remember that public or shared information can be used or shared by other users on XKELET or on the web, so we recommend that you use XKELET with caution and account settings for your account. XKELET is not responsible for your decision to post material on the Service.
Your password protects your user account, and you are solely responsible for ensuring that it is secure and secret.
You understand that you are responsible for the use made of your username and password on the Service. If you lose or steal your username or password, or if you believe someone has accessed your account without authorization, notify us immediately and change your password as soon as possible.
9. Violation and reporting of user content
XKELET respects the rights of intellectual property owners. If you believe that any Content violates your intellectual property rights, please see the XKELET Copyright Policy. If the copyright holder notifies XKELET that any content infringes a copyright, XKELET may, in its sole discretion, take action without first notifying the provider of such Content. If the provider believes that the content does not imply a violation, you can send a counter-notification to XKELET and request that they restore the deleted content.
If you believe that any Content does not comply with the User Guidelines, please complete our notice form.
10. Limitations and modifications of the Service
XKELET will make every effort to ensure that the XKELET service is always in operation. However, occasional technical or maintenance difficulties may cause the Service to be temporarily interrupted. To the extent permitted by law, XKELET reserves the right to modify or suspend, periodically and at any time, whether permanently or temporarily, XKELET functions and features, with or without notice, without obligation to you , Except as prohibited by law, for any interruption, modification or interruption of the XKELET service, or for any function or feature thereof. Notwithstanding the foregoing, if you have made an advance payment of fees for paid subscriptions that XKELET will permanently suspend before the end of the prepayment period (defined in the Payments, cancellations and reflection period), XKELET will refund the amount already paid The prepayment period after such cancellation.
You understand and agree that XKELET is under no obligation to maintain, provide support, update or improve the Service, or provide all or part of the Service through the Service. This section will be implemented to the extent permitted by law. XKELET and the owners of the Content may sporadically remove any Content without prior notice to the extent permitted by law.
11. Brand Accounts
If you create a XKELET account in the name of a company, organization, entity or brand (a "Brand", and such account is called a "Brand Account"), the terms "you" and "yours", as used in Contracts, refer to you and the Brand, as applicable.
If you open a Trademark Account, you represent and warrant that you are authorized to grant all the licenses and licenses stipulated in these Contracts and to force the Trademark to comply with them.
The Brand may only track users who first followed the Brand, and may not take any action involving an adhesion or a relationship between the Brand and the user being followed, unless the Brand has obtained in a manner Independent of the rights to insinuate said adhesion. If XKELET requests it, in its sole discretion, a trademark must stop following a user.
12. Customer Support
To receive customer support on payment and account issues ("Customer Service Inquiries"), send an incident to the Customer Service department using the Customer Care contact form found in the "About Of "on our website. We will do our best to respond to all customer service inquiries within a reasonable time, but we can not guarantee or guarantee that we will respond to certain inquiries within a specific time frame or that we will be able to respond to all inquiries satisfactorily.
13. Export control
XKELET products are subject to export and re-export control laws and regulations of the European Union or to similar laws in force in other jurisdictions, agree to comply with all export control and re-export regulations and laws, and trade and economic sanctions Of international treaties contain. You specifically agree that you will not perform the following actions, either directly or indirectly: selling, exporting, re-exporting, transferring, diverting, or disposing of products, Software or technology (including products derived from such technology) received from XKELET under these Agreements, to any destination, entity or person prohibited by the laws or regulations of the European Union or any other jurisdiction, without The prior authorization of the competent governmental authorities, as stipulated by said laws and regulations. This export control clause will remain in force beyond the termination or cancellation of these Agreements.
14. Payments, cancellations and reflection period
Paid Subscriptions can be purchased through a monthly subscription fee. The Subscription paid will end automatically at the end of the Payment Period, or when the balance of the advance payment is not enough to pay for the Service.
By registering for a paid or trial subscription, you authorize access to the XKELET Membership Service immediately. By subscribing to any XKELET monthly payment service.
Unless you have purchased the Subscription paid as if it were an Early Payment Period, the payment you made to XKELET will be automatically renewed at the end of the subscription period, unless you cancel the Subscription paid through the enrollment page before End the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be transferred to the Free Service category. However, if you cancel the payment or the Subscription paid or any of the Contracts before the end of the current subscription period, we will not refund the subscription amounts already paid.
In the case of the generation of commands related to the production of the immobilizations, once the order is generated the user can proceed to its cancellation.
XKELET may periodically change the price of paid Subscriptions, the Prepayment Period (for periods not yet paid), and inform you of any changes you make to prices in advance and, if applicable, how to accept those Changes. Price changes for Paid Subscriptions will take effect at the beginning of the next subscription period after the date of the price change. To the extent permitted by local law, if you continue to use the XKELET service after the price change takes effect, it will constitute an acceptance of the new price. If you do not agree to the price change, you have the right to refuse the change and cancel the subscription to the XKELET service before the price change takes effect. Therefore, be sure to read the price change notice carefully.
15. Validity and Completion
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF PROBLEMS OR DISSATISFACTION WITH THE XKELET SERVICE IS TO UNINSTALL THE XKELET SOFTWARE AND TO DISCONTINUE USING THE SERVICE. EVEN IF XKELET ASSUMES NO RESPONSIBILITY FOR THE THIRD PARTY APPLICATIONS OR THE CONTENT OF THESE, AND EVEN IF ITS RELATIONSHIP WITH THOSE THIRD PARTY APPLICATIONS MAY BE REGARDED BY INDEPENDENT CONTRACTS HELD WITH THESE THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITS SOLE REMEDY WITH RESPECT TO XKELET ANY PROBLEM OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR ITS CONTENT IS UNINSTALLING AND DISCONTINUING THESE APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XKELET, ITS AUTHORITIES, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES , (2) FOR LOSS OF USE, DATA, BUSINESS OR PROFIT (DIRECT OR INDIRECT), WHICH, IN ALL CASES, RESULT FROM USING OR CAN NOT USE THE XKELET SERVICE, THIRD PARTY APPLICATIONS, OR THE CONTENT OF THE APPLICATIONS OF THIRD PARTIES, REGARDLESS OF THE LEGAL FRAMEWORK, EVEN IF XKELET HAS ADVISED THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A POSSIBLE SOLUTION DOES NOT MEET YOUR ESSENTIAL PURPOSE, OR (3) THE SET OF RESPONSIBILITIES FOR ALL CLAIMS CONCERNING THE XKELET SERVICE , THIRD PARTY APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS BEYOND THE AMOUNTS THAT YOU HAVE BEEN PAID TO XKELET BEFORE THE TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMITTED BY LAW.
18. Third-party rights
If you downloaded the App Store from Apple, Inc. ("Apple") or if you use the app on an iOS device, you agree that you have read, understood, and agree to the following notice about Apple. This Agreement is between you and XKELET only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple is under no obligation to provide any maintenance and support services with respect to the Service. In the event that the Service fails to comply with the applicable warranties, you must notify Apple, and Apple will refund the applicable purchase price to you and, to the extent permitted by applicable law, Apple will not have any obligation Warranty on the Service. Apple is not responsible for claims made by you or third parties about the Service or your possession or use of the Service, which includes the following: (1) product liability claims, (2) any claims that the Service does not satisfy Subject to any legal or regulatory requirements, and (3) claims arising under consumer protection laws or similar legislation. Apple is not responsible for investigating, defending, remedying or eliminating third party claims that the Service and its possession and use of the application infringe the intellectual property rights of the third party. You agree to comply with all third party terms when using the Service. Apple and Apple subsidiaries are third-party beneficiaries of this Agreement, and by agreeing to this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary of this Agreement. You hereby represent and warrant that (1) you do not reside in a country that is subject to US government embargoes or that the US government has designated you as a "warranting country", and (2) that it is not included On any US government list of prohibited or restricted parties.
19. Full Contract
Except as provided in this section, or as expressly agreed in writing between you and XKELET, the Contracts constitute all terms and conditions agreed between you and XKELET, and supersede all prior agreements relating to the subject matter of these Agreements, and Whether verbal or written.
However, keep in mind that other aspects of using the XKELET service may be governed by additional contracts. Such as, for example, access to the XKELET service for a gift card or for free or discounted tests. When you receive an offer for those aspects of use, you will be given an additional contract, and you may accept additional terms. Some of these additional terms are available on the XKELET website. Whenever there is an irreconcilable conflict between any of the additional terms and these Terms, additional terms shall govern.
20. Divisibility and resignation
Unless stipulated in these Contracts, if for any reason or to any extent, any clause of the Contracts is considered invalid or not enforceable, said invalidity or lack of enforceability shall not affect or cause invalidity or lack of enforceability of the Agreement. Rest of the clauses of the Contracts, and will enforce the application of said clause to the extent permitted by law.
The fact that XKELET or the third party beneficiaries fail to enforce the Contracts or the clauses thereof shall not void the right of XKELET or the third party beneficiaries to do so.
XKELET may assign these Contracts or any of its parts, and may delegate any of its obligations under the Contracts. You may not assign to third parties these Contracts or any of its parts, nor may you transfer or sublicense your rights under these Agreements.
To the extent permitted by applicable law, you agree to indemnify and hold harmless XKELET against any damage, loss and expense of any kind (including costs and reasonable attorney fees) arising out of: (1) Violating this Agreement, (2) any User Content, (3) any activity in which you participate in or through the XKELET service and (4) violate any law or third party rights.
23. Applicable law, compulsory arbitration and jurisdiction
23.1 LAW / CURRENT JURISDICTION
Unless the current law of a Member State of the European Union or any other jurisdiction requires otherwise, these Contracts (and any non-contractual dispute / claim arising out of or in connection with them) are subject to the laws of the States or countries listed below, without regard to the principles of private international law.
In addition, you and XKELET accept the jurisdiction of the courts below to resolve any dispute, claim or controversy arising in connection with these Contracts (and any non-contractual dispute or claim arising out of or in connection therewith). (In some cases, the jurisdiction will be "exclusive", ie, no other court in the country can preside over the case, have jurisdiction, in other cases, the jurisdiction is "non-exclusive", which is why courts in other countries They may have jurisdiction. This is also specified in the table).
XKELET does not accept any code of conduct as mandatory related to the services provided under this contract.
23.2 WAIVER OF COLLECTIVE DEMAND
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND XKELET AGREE TO INITIATE A CLAIM AGAINST THE OTHER ONLY UNDER PERSONAL TITLE, NOT AS A CLAIMANT OR CLAIMANT, IN ANY COLLECTIVE OR REPRESENTATION CLAIM. Unless you and XKELET provide it, no arbitrator or judge may collect more than one claim filed by a person or preside over any class action or representation.
If you reside, live, have offices or trade in a jurisdiction in which Section 23.3 may be enforced, the following mandatory arbitration clauses shall apply to you:
23.3.1 RESOLUTION OF DISPUTES AND ARBITRATION
You and XKELET agree that, in the event of any dispute, claim or controversy arising between you and XKELET in connection with these Contracts or your relationship with XKELET as a user of the Service (whether under contract, tort, False or any other legal framework, and if the claims arise during or after the cancellation of the Contracts) will be resolved by binding binding arbitration. Arbitration is more informal than legal action before a court. IN AN ARBITRATION THERE IS NO JUDGE OR JURY, AND THE ARBITRAL AWARD IS SUBJECT TO A LIMITED REVIEW BY THE COURT. Less evidence should be presented than in court. The arbitrator must be bound by this Agreement and may grant the same class and amount of compensation as a court (including attorney fees), unless the arbitration does not grant precautionary or declaratory measures that benefit any party other than parties The arbitration. This arbitration clause will remain in force after termination of the Contracts.
23.3.2 ARBITRAL RULES SPANISH RULES
You or we can begin an arbitration process. If you live, live, have offices or trade in Spain, any arbitration between you and XKELET will be resolved in accordance with the Commercial Arbitration Rules of the Chambers of Commerce. In this case, the language of the procedure will be Spanish.
If you do not live, live, have no offices or trade in Spain, any arbitration between you and XKELET will be settled in accordance with the Rules of Arbitration (the "ICC Rules") of the International Chamber of Commerce, ICC ") in force at that time by one or more arbitrators assigned in accordance with the ICC Rules, as amended by these terms of development, and shall be administered by the ICC International Court of Arbitration.
The language of all arbitrations shall be English and, unless the law in force in a member state of the European Union or in any other jurisdiction requires otherwise, the law governing any arbitration shall be that of Spain.
23.3.3 PRESENTATION TIME
Any arbitration shall begin with the filing of a claim for arbitration within ONE (1) YEAR after the date on which the party asserting its right first or reasonably knows the act, omission or default that the claim generated, And shall not be entitled to any claim that has not been asserted within that period. If the current law prohibits a period of one year to assert its right, it must be affirmed in the shortest possible time allowed by current law.
23.3.4 WARNING, PROCESS
The party requesting the arbitration must first send the other party a conflict notice ("Notice") in writing by registered mail (signature required), or in case of not having a registered physical address for you, must send it by email. The XKELET address for the Notice is as follows: XKELET, Att.
CEO, Calle Marqués Caldes de Montbui, 102 - 17003 GIRONA (SPAIN). The Notice must (1) describe the nature and grounds of the claim or dispute, and (2) stipulate the specific indemnity ("Claim"). We accept to do everything possible to reach an agreement directly; However, if within 30 days of receipt of the notice, we have not reached an agreement, you or XKELET may commence an arbitration proceeding. During the arbitration, the amount of any conciliatory offer made by you or XKELET shall not be communicated to the arbitrator until the latter has made a final decision and set an indemnity, if any. If our dispute is finally resolved through arbitration in your favor, XKELET shall pay you (1) the amount of compensation stipulated by the arbitrator, if any, (2) the last written settlement amount XKELET offered in the resolution The dispute before the referee decision. The recipient must maintain the confidentiality of all documentation and information disclosed during the arbitration, and may not use it for purposes other than arbitration or compliance with the decision and compensation established by the arbitrator; Nor should it be divulged to other persons, except in secret, who need to know it for such purposes or as required by current law. Unless required to enforce the decision and indemnification of the arbitrator, neither you nor XKELET shall make public announcements or comments or discuss arbitration, which includes mentioning the fact that the parties have a dispute, the existence of arbitration, or any Decision or award of the arbitrator.
If in the future XKELET will implement a change in this arbitration clause (other than a change in the XKELET Notice address), you may reject such change and send us written notice within 30 days after the change in address Of XKELET Notice; This will result in the immediate cancellation of your XKELET account, and this arbitration clause, effective immediately prior to the changes you reject, will remain in effect.
23.3.6 EXECUTORY STRENGTH
If it is determined that Section 23.2 class action waiver is unenforceable or if Section 23 is found to be unenforceable, Section 23.3 shall be deemed null and void and, in that case, the parties agree that The exclusive jurisdiction and jurisdiction described in section 23.1 shall govern any act arising in connection with these Contracts.
If you have questions about the XKELET service or the Contracts, please contact XKELET Customer Service at: email@example.com If you live in Spain and wish to receive the Contracts by email, send a letter to XKELET attn: Att. CEO, Calle MARQUES DE CALDES DE MONTBUI, 102 - GIRONA 17003 (SPAIN), including your e-mail address and your order to send you the Contracts.
Thank you for reading our Terms. We hope you enjoy XKELET.
Contracting entity: XKELET HOLDINGS LIMITED Calle MARQUES DE CALDES DE MONTBUI, 102 GIRONA 17003 B55244420 © XKELET HOLDINGS LIMITED.
Copyright and policy
Copyright © 2020 XKELET HOLDINGS LIMITED All Rights Reserved.
1. Intellectual and Industrial Property
XKELET HOLDINGS LIMITED, Girona, ESP or its licensors are the owners of all intellectual and industrial property rights of:
(a) this website published under the domain www.xkelet.com, hereinafter This Website; (b) all material published on this Website (including, without limitation, texts, images, photographs, drawings, music, trademarks or logos, structure and layout of the composition of each of the individual pages that make up the entire site , Color combinations, source codes of the programs that generate the composition of the pages, software necessary for its operation, access and use).
XKELETHOLDINGS LIMITED, Girona, ESP grants you a universal, non-exclusive, freely usable and revocable license at any time for:
(a) visualize this Website and all the material published in the website through the use of a computer or mobile device through a web browser.
(b) copy and store a copy of This Website and / or all material posted on it, in the cache of your web browser.
(c) print the pages through a physical device (printer-paper) or virtual device (printer-pdf) as long as it is solely and exclusively for your personal and private use [and is not intended for commercial use] We do not authorize you No other rights on this site or on the material published in the. This means that all rights are reserved.
In case of doubt you, as a visitor to our site, understand and accept that: you can not adapt, edit, change, transform, publish, republish, distribute, re-distribute, perform any type of broadcast or reissue through waves Or any other transmission technology, to display this website or the material published in it (regardless of type of file or item) in public or private places without the use of community viewing or listening elements without our prior written permission.
3. Data mining
Access to this site and to the contents published in it through the use of any type of system of automatic collection and copying of data or files is prohibited.
4. Specific permissions
If you wish to use the materials published on this site for a use other than those authorized in the Use License section please contact us in writing with firstname.lastname@example.org
5. Protection of our rights
Seriously and actively we fight against the unauthorized use of this Website and the materials in the published.
We inform you that all the contents included in this web site are registered in the registry of intellectual property managed by XKELET HOLDINGS LIMITED.
The detection of unauthorized use by you of the content published on our website may lead to legal action against you, including economic claims without prejudice to the initiation of a procedure for requesting the removal of content that violates the terms established In the section License of Use without excluding the opening of cases for violation of the Digital Millenium Copyright Act before the main indexes of Internet.
If you detect any type of improper or unauthorized use of the content published on our website, please inform via email via email@example.com or to the following address:
XKELET HOLDINGS LIMITED.
Attn: Legal Department, Copyright Agent
Calle MARQUES DE CALDES DE MONTBUI, 102
A notice of the alleged copyright or copyright infringement must be addressed to the XKELET copyright agent as indicated above. Please include the most detailed information possible so that we can identify the facts and circumstances, including, as far as possible:
1. A handwritten or electronic signature of the owner of the copyright or copyright allegedly infringed (or of the person authorized to act on its behalf);
2. Specific identification of each work whose copyright or copyright has allegedly been infringed; 3. A description of where the material whose copyright or copyright is found in the XKELET Service or the XKELET Websites is located (please provide as much detail as possible and provide a URL to help us locate the material that is Denouncing);
4. Contact information of the complaining party, such as the full name, address, telephone number and e-mail address;
5. A statement as the complaining party believes in good faith that the use of the work (s) in the manner claimed is not authorized by the copyright holder, its agent, or the law ; y 6. A statement as to the information provided in the notice is accurate, and the complaining party is the owner of the allegedly infringed right, or its agent.
We also consider it appropriate to let you know that XKELET has a policy to cancel, in the appropriate circumstances, the accounts of those subscribers who are recurring infringers.
Copyright © 2020 XKELET HOLDINGS LIMITED.
Todos los derechos reservados. XKELET HOLDINGS LIMITED
Calle MARQUES DE CALDES DE MONTBUI, 102
1. Explain how we use the information you share with us in order to create a great product and give you a great experience with it; 2. Ensure that you understand what information we collect with your permission and what we do (and do not do) with it; 3. Assume the responsibility to protect your rights and your privacy under this policy.
All information we collect is related to XKELET service provider and applications.
Generally, there are two categories of information we collect: 1) information we must have in order for you to use XKELET; And 2) information that we may use to provide you with additional applications and enhanced experiences if you choose to share such information.
The first category includes.
- Registration information, including your name, date of birth, address and other information you provide when you join XKELET.
- Generalized and non-specific location, derived from your IP address. Our licenses to provide XKELET content are location-specific, so we need to know which country you are in. This also allows us to make suggestions based on your generalized location.
- Technical and sensor information required for the operation of XKELET. This includes the type of navigator and device you use, touch screen data as well as information from the accelerometer sensors and the gyroscope of your device.
The second category includes information that allows us to offer you additional benefits. We never receive any information from the following unless you expressly choose to share it with us; It is that simple. These are some examples.
- Your specific location: We will never collect or use the specific location of your device without first receiving your express permission. This information allows us to create collaborative experiences (only with others who have also given their authorization) and to provide even better recommendations on how to use your device.
- Your photos: We will only access the images you select specifically and will never scan or import your gallery or photo reel. You can stop sharing photos and revoke access at any time.
- Your contacts: We will never scan or import your contacts unless you ask us to do so.
If you choose to do so, we will only use your contact information to help you find other professionals or contacts who use XKELET.
- Your microphone: We will never access your microphone or use it unless you give us your express permission.
This could allow you to control XKELET with your voice and you will always have the ability to disable access to the microphone.
We will express clearly with you about how and when we could share the information.
We hope this helps you understand our privacy commitments to you.
2. Key elements for you consent
By using the Service, or by interacting with the Service, you authorize the following.
2. Transmit your information outside of your country of residence.
4. Publish and manage your information, as described in the Shared Information section.
3. Information we collect
We may collect and store the following information.
3.1 REGISTER DATA
By registering for the Service, we may request information such as username, password, email address, date of birth, gender, address, zip code and country. If you use the Service with third-party application credentials (as defined in the Terms and Conditions of Use section).
We may also collect other information that is available in or through your third-party application account, such as your name, profile photo, country, city of residence, email address, date of birth, and The names and profile photos of friends and networks.
You can also voluntarily include in your profile other information such as your mobile phone number and mobile phone service provider.
3.2 USE, REGISTRATION DATA AND COOKIES
By using the Service, or interacting with it, we may use different technologies that collect information about the use of the service and access to it. We may collect the following information.
1. Information on the type of subscription and its interactions with the Service, 2. Details of inquiries you have made, and date and time of your inquiry.
3. User Content (as defined in the Terms and Conditions of Use) that you post to the Service, 4. Technical data, such as URL information, cookie data, your IP address, the type of device you use for Access or connect to the XKELET service, unique device identification, device characteristics, type of network connection (eg, wifi, 3G, LTE) and provider, network and device performance, Type of browser, language, digital rights management information, operating system, and version of the XKELET application.
5. Data generated by the movement or data generated by the orientation of your mobile sensors (eg accelerometer or gyroscope).
You can integrate your XKELET account with third-party applications. If you do, we may receive similar information regarding your interactions with the Service in the third party application and information about your public activity in the third party application. This includes, for example, "likes" and posts on Facebook.
3.3 YOUR MOBILE DEVICE / TABLET
- Photos and Camera: We will not access your photos or your camera without first obtaining your express consent, and we will never scan or import your gallery or your photo reel. If you grant us permission to access photos or your camera, we will only use the images that you specifically decide to share with us. (You may use our application to select the photo or photos you want to share, but we will never import the photos you review except those that you expressly share.) - Location: We will not collect or use specific information about the location of your mobile device Using, for example, GPS or Bluetooth) without first obtaining your express authorization. And if you choose to share information about your location but later change your mind, you will always have the ability to stop sharing. Note that this does not include an IP address. We will continue to use your IP address as described earlier in Section 3.2 to determine, for example, which country you are in and comply with our license agreements.
- Voice: We will not access your microphone without first obtaining your express consent. You can always deactivate access to the microphone.
- TrueDepth API: We are collecting the point cloud from body parts to generate a mesh.
- Information from TrueDepth API: We collect this information to generate personalized immobilization products. We scan the limbs using the TrueDepth API and we use that mesh to design the personalized immobilizations.
- Third parties and storage: In our system, the user acts as a third party, so he has full access to the information that he adds.The scanners are stored in our Google Cloud Storage.
- TrueDepth Api information deletion of user or device data: A non saved scan by the user will immediately be deleted and the information related on it. When the user decides to delete the information, it will be permanently deleted, if this is not the case, it will be deleted in a month.
- TrueDepth Api information retention: Only saved scanners and information by the user will be retained since the user delete it. Otherwise in a month it will be deleted automatically.
- TrueDepth Api information share: The information will only be sent to the destination franchise to build the personalized immobilization. The information is sent without any identifying data of the user.
- TrueDepth Api disclosure: Xkelet does not disclose any type of information, the information belongs to the user, if he decides to disclose it, Xkelet is not responsible.
3.4 PAYMENT DATA
If you sign up for the trial subscription (as defined in the Terms and Conditions of Use section), you acquire any of our paid subscriptions (as defined in the Terms and Conditions of Use section) or make any other purchases through our Service, we and the payment processors with whom we work may collect and store your credit or debit card information (such as the type of card and the expiration date), as well as other financial information we need to process your payment. We may also collect limited information, such as your zip code, mobile phone number, and details about your transaction history; All data necessary to provide the Service. In addition, payment processors generally provide limited information from you, such as the unique token that allows you to make additional purchases using the information they have stored, information about the expiration date, credit card type, and certain digits of your credit card number. card.
If you pay by invoice, XKELET may have to collect and store additional information, such as your name, date of birth and telephone number, and give this information to the payment processors with whom we work to issue the invoice in order to perform Credit checks and send you the invoice.
3.5 DRAWINGS, CONTESTS AND SURVEYS
3.6 XKELET PARTNERS AND SERVICE PROVIDERS
We may also receive information about you from our partners and service providers; Information that we will use to personalize your XKELET experience, evaluate the quality of advertising and the response to it, as well as show advertising that is relevant to you. We also use this information as explained in the How We Use the Information We Collect section below.
4. How We Use the Information We Collect
We may use the information we collect, which includes your personal information, pursuant to the authorizations you give us, for the following.
1. Provide, customize and improve your experience with the Service, products, services and advertising (including third-party products and services) available through or outside the Service (included in other sites you visit), for example by offering recommendations, features , Advertising and personalized content, adapted or located through or outside the Service.
2. Guarantee the technical functionality of the Service, develop new products and services, and analyze its use of the Service, including its interaction with the applications, advertising, products and services offered or are available through or linked to the Service.
3. Contact you for research or service related issues, via emails, notifications, text messages or other messages, which you agreed to receive.
4. To contact you, either directly or through one of our partners, for commercial and promotional purposes through emails, notifications or other messages according to the established permissions (eg, through the settings of your XKELET account). In the Your Preferences section below, you will find information about the options you have to stop receiving certain messages.
5. Use, if you expressly authorize us to do so, your mobile phone number to send you informative, commercial and promotional text messages through an automatic dialing system; Your consent is not a condition to be able to register for XKELET services.
6. Permitir y promocionar el Servicio y otros servicios y productos, ya se dentro o fuera del Servicio, como características y contenido del servicio XKELET, así como productos y servicios que estén disponibles a través del Servicio.
Permit and promote the Service and other services and products, whether inside or outside the Service, such as features and content of the XKELET service, as well as products and services that are available through the Service.
9. Offer features, information, advertising or other content depending on your location and location in relation to other XKELET users.
5. Shared Information
In this section we describe how you or we may share the information collected or generated by using the XKELET service.
5.1 INFORMATION YOU SHARE
Keep in mind that certain information will always be in the public domain, that is, third-party applications can access this information through our application programming interface (API) and development tools. You can share certain additional information with third-party applications and with others through third-party applications, depending on your permissions settings. We may use your public information to promote the Service and to help others find and follow you or XKELET content, including through Facebook and third-party applications and on websites that integrate XKELET widgets. You may use your information to notify others, within the Service, via email and through Facebook and third-party applications, about your use of the Service (e.g.
ej., Who enrolled in XKELET or on the activity related to a profile of XKELET). If you expressly authorize us, we may notify other users of your location. Likewise, if other XKELET users expressly authorize us, we may notify you of the location of other users. We could offer you the ability to share this information to create shared experiences.
For information on how to manage notifications, public information, and what you share with other users, see the Your Preferences section below.
5.2 INFORMATION SHARED XKELET
5.2.1 MARKETING AND PUBLICITY
We may share information with advertising partners to send you promotional information about XKELET or to show you more personalized content that includes relevant advertising about products or services that may interest you and to understand how users interact with advertising. We share the information in an anonymous format (for example, through the use of hash) that does not reveal its identity.
Please refer to the Information on Cookies, Other Technologies and Third Party Data Collection section below for information on cookies and other technologies that we use, both us and third parties, to provide you with your most relevant options and advertising.
5.2.2 SERVICE PROVIDERS AND OTHERS
5.2.3 OTHER SHARED INFORMATION
In addition to the above, we may also share your information with third parties for the following specific purposes.
- Allow the merger, acquisition or sale of our assets, either in whole or in part.
- Respond to legal proceedings (for example, a resolution or subpoena), if we consider in good faith that it is necessary to do so, to comply with the requirements of the current law, to protect the safety of any person, to protect the rights and property Of XKELET, including compliance with the Terms and Conditions of use and other terms you have agreed to meet, to solve technical, fraud or security problems.
- Inform researchers about the objectives, which include statistical analysis and academic studies, but only in anonymous format.
- Publish the information on the use of the XKELET service anonymously or separately.
6. Your preferences
With the configuration options we offer, you can choose what type of communication you want us to send you, manage your public information and set shared information preferences. However, as explained in the Information section that you share, certain information is set as public for others by default. And if you share information in a third-party application, that information can be viewed on XKELET, regardless of your privacy settings.
To change what information you want to be set to public, access your account settings. Read the instructions for making relevant settings on the XKELET website.
Because other people will be able to use, re-share or link public information on the Service or on the web, use XKELET carefully and keep in mind your configuration options.
Also remember that other information added to your profile may include personal information, such as your user name, by which other people can find it on the XKELET service or other services.
7. Transmission to other countries
8. Related Links
We may display third-party advertising and other content that links to third-party websites. We do not control or be responsible for the content and privacy practices of third parties. Read the third-party privacy policies to find out how they collect and process your personal information.
We are committed to protecting the information of our users. Because your password protects your user account, you should use a unique and secure password, limit access to your computer and browser, and log out after using the XKELET service. Although we implement measures to protect the data, no action is totally safe, and we do not guarantee the security of user information.
XKELET service is not intended for children under 18 years of age. (In some countries there may be stricter limits.
See our Terms and Conditions of Use). We do not knowingly collect personal information from children under the age of 18 or within the applicable age limit (the "Age Limit"). If you are less than the established Age Limit, do not use the Service or provide us with personal information. If you are a parent of a child below the established Age Limit and you learn that your child has provided personal information to XKELET, write to firstname.lastname@example.org and you may request exercise of your applicable access, rectification, cancellation, or objection rights.
11. Access and update of user information
Occasionally and at our discretion, we may implement changes to the Contracts. If we implement significant changes in the Contracts, we will notify you in a way that we deem most appropriate; For example, we will display a prominent notice on the Service or send you an email. In some cases we will notify you in advance, and your continued use of the Service once the changes are implemented will constitute your acceptance of the changes. Therefore, be sure to read the notice carefully. If you do not wish to continue using the Service under the new Contract, you may terminate the Contracts and contact us through the Customer Service contact form.
13. Information on cookies, other technologies and data collection
XKELET HOLDINGS LIMITED
Calle MARQUES DE CALDES DE MONTBUI, 102
© XKELET HOLDINGS LIMITED
The purpose of these Particular Conditions is to establish the terms of Permanence of the XKELET-XK PREMIUM Services (hereinafter, the SERVICES) provided by XKELET HOLDINGS LIMITED. (Hereinafter "XKELET") CIF B55244420, with registered office at Calle MARQUES DE CALDES DE MONTBUI, num. 102 GIRONA 17003, to the client (hereinafter, THE CLIENT).
The CLIENT states, in this sense, to have read, understood and accepted these Particular Conditions, placed at their disposal, at all times, prior to contracting in the PERMANENT CONTRACT section.
The General Conditions of application to the SERVICES, complete the provisions in these Particular Conditions, prevailing the content of these Particular Conditions on the General Conditions of provision of the SERVICES. These General Conditions are published for this purpose prior to the hiring, in the SERVICES section.
2. Commitment to stay
THE CUSTOMER may withdraw from the SERVICES at any time by notifying XKELET by any reliable means, at least two business days before the date on which it is to take effect. For these purposes, the following shall be understood as reliable means:
E-mail a: email@example.com Notwithstanding the foregoing, in those cases in which the CLIENT requesting the withdrawal would have received financial support from XKELET (the amount of the financial support received will be agreed with the CUSTOMER at the time of contracting the service) and, as a result of The CUSTOMER has accepted the commitment to maintain the SERVICES linked to the economic support for 1 year (hereinafter, the commitment of permanence), it must pay XKELET an amount proportional to the financial support received and the number of days that it has not respected its Commitment of permanence, with respect to the initially agreed period.
The codes and description of the different promotions, as well as their respective economic supports derived from the permanence commitment, will be detailed at the time of the contracting of the service.
The CLIENT is informed that there is the possibility of contracting the SERVICES without receiving financial support and, therefore, without commitment of permanence.
3. Automated processing of personal data
3.1.- For the purposes of the current regulations on data protection, XKELET informs the CLIENT of the existence of automated files with personal data, created by it and under its responsibility, whose purpose is to perform the maintenance and The management of the contractual relationship with the CLIENT, as well as the information work of the service and other associated services, as well as activities related to them. It also informs you of the possibility of exercising, in accordance with the provisions of said legislation, the rights of access, rectification, cancellation and opposition, directing a letter to XKELET HOLDINGS LIMITED, Calle MARQUES DE CALDES DE MONTBUI, 102 GIRONA 17003, accompanying Photocopy of the National Identity Document or equivalent supporting documentation.
The data to be processed will be those derived from the contractual relationship with the CUSTOMER (identification data, personal characteristics, social circumstances, employment, commercial information, economic, financial and insurance data and transactions), data Of traffic and billing, as well as those related to the acquisition of products and services by the CUSTOMER.
For the purposes of the previous paragraph, the following traffic data shall be considered:
• Subscriber ID
• Number of subscriber patients
• Number of injuries per patient
• Number of pickups (scanners)
• Number of pieces produced
The said traffic data will be processed during the period in which the invoice can be challenged or demand payment in accordance with current legislation.
XKELET undertakes to comply with the obligation of secrecy regarding personal data and their duty to keep them, even after the conclusion of the contractual relationship, by implementing the security measures imposed by current legislation to prevent their alteration, loss, treatment Or unauthorized access.
3.2.- The CLIENT grants its consent to XKELET to receive from this latter advertising of products or services of third parties, always related to telecommunications services. If you do not wish such publicity, you may communicate it to the address indicated in section 1 of this Clause, by means of a document in which it is dated and signed.
3.3.- The CLIENT consents to XKELET to record the calls that he can make, or those that could be made from XKELET, or from any company authorized by XKELET. Said recording will be made with the purpose of improving the quality of the service provided by the contract, with the purpose of verifying the satisfaction of the clients, as well as to accredit the contracting.
3.4.- XKELET reports that in cases of non-payment, the data related to the debt may be communicated to files relating to the fulfillment or non-fulfillment of monetary obligations.
XKELET HOLDINGS LIMITED may contain links to other pages of third parties. Therefore, it can not assume responsibility for the content that may appear on third party pages. The texts, images, sounds, animations, software and other content included in this website are the exclusive property of XKELET HOLDINGS LIMITED. Or its licensors. Any act of transmission, distribution, transfer, reproduction, storage or public communication, in whole or in part, must have the express consent of XKELET HOLDINGS LIMITED.
Also, to access the services that XKELET HOLDINGS LIMITED. Offers through the website, you must provide some personal data. In compliance with the provisions of LOPD 15/1999, of December 13, we inform you that your personal data will be incorporated and will be processed in the files of XKELET HOLDINGS LIMITED, in order to be able to provide and offer our services.
The sending of personal data through the use of the electronic forms of XKELET HOLDINGS LIMITED. Or, as the case may be, email messages, assumes the sender express consent to the automated processing of the data included in the indicated media, services and products related to the purposes of the XKELET HOLDINGS LIMITED websites, as well as To the sending of electronic communications with information related to XKELET HOLDINGS LIMITED And its initiatives. We also inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, at C / Calle MARQUES DE CALDES DE MONTBUI, 102 - 17003 Girona, or send an email to Legal@xkelet.com
Content provided by XKELET HOLDINGS LIMITED. Are subject to intellectual and industrial property rights and are the exclusive property of XKELET HOLDINGS LIMITED. Or of the natural or legal persons to be informed. By purchasing a product or service, XKELET HOLDINGS LIMITED. Does not confer on the acquirer any right of alteration, exploitation, reproduction, distribution or public communication on the same, reserving XKELET HOLDINGS LIMITED. All these rights. The assignment of the aforementioned rights will require the prior written consent of the owner of the same, so that the client can not make said contents available to third parties.
The intellectual property extends, in addition to the content included in XKELET HOLDINGS LIMITED., to its graphics, logos, designs, images and source codes used for its programming.
XKELET HOLDINGS LIMITED. Has obtained the Information and materials included in the web from sources considered as reliable and, although reasonable steps have been taken to ensure that the information contained is correct, XKELET HOLDINGS LIMITED. Can not guarantee that at all times and circumstances such information is accurate, complete, up-to-date and, consequently, should not be relied upon as if it were. XKELET HOLDINGS LIMITED. Expressly declines any responsibility for error or omission in the Information contained in the pages of this website.
XKELET HOLDINGS LIMITED. Reserves the right to modify, suspend, cancel or restrict the content of the website, links or information obtained through it, without prior notice. This, in no case, assumes any responsibility as a result of the incorrect use of the web that can be carried out by the user, both the information and the services contained therein.
In no case shall XKELET HOLDINGS LIMITED, its branches and / or work centers, its directors and / or attorneys, employees and, in general, authorized personnel be liable for any kind of damages, losses, claims or expenses of any kind, Whether they come directly or indirectly from the use and / or dissemination of the website or the information acquired or accessed by or through it, or its computer viruses, operational failures or interruptions in service or transmission or failures In the line in the use of the web, both by direct connection as by link or other means, constituting for all legal effects a warning to any user that these possibilities and events can occur.
XKELET HOLDINGS LIMITED. Is not responsible for non-own websites that can be accessed through links or links or any content made available to third parties. Any use of a link or access to a web site other than its own will be carried out voluntarily and at the sole risk and interest of the user. XKELET HOLDINGS LIMITED. Does not recommend or guarantee any of the Information obtained through or through a link, nor is it liable for any loss, claim or damage arising from the use or misuse of a link, or the Information obtained through It, including other links or websites, of the interruption in the service or access, or of the attempt to use or misuse a link, both when connecting to the web of XKELET HOLDINGS LIMITED As when accessing information from other websites from the same.
In some occasions, this website uses "Cookies", that is, small data files that are generated in the user computer and that allow to obtain the following Information: 1) Date and time of the last time the user visited the web; 2) Design and contents that the user chose in his first visit to the web; 3) Security elements that intervene in the control of access to restricted areas and 4) Other similar circumstances. The user has the option to prevent the generation of cookies, by selecting the corresponding option in their browser program. However, XKELET HOLDINGS LIMITED. Is not responsible for the deactivation of the same prevents the proper functioning of the website.
INDUSTRIAL AND INTELLECTUAL PROPERTY
This website is property of XKELET HOLDINGS LIMITED. The rights of Intellectual Property and rights of exploitation and reproduction of this website, its pages, screens, the information they contain, its appearance and design, as well as the links ("hyperlinks") that are established from it to other web pages of Any subsidiary and / or controlled company of XKELET HOLDINGS LIMITED are the exclusive property of XKELET HOLDINGS LIMITED, unless expressly specified otherwise. Any name, design and / or logo, as well as any product or service offered and reflected in this website, are trademarks duly registered by XKELET HOLDINGS LIMITED, by its subsidiaries and / or dominated companies or by third parties. Any improper use of them by persons other than their legitimate owner and without express and unequivocal consent by the latter may be denounced and prosecuted through all legal means existing in the Spanish and / or Community Legal Order.
XKELET HOLDINGS LIMITED is responsible for the intellectual property rights and marches of third parties, and they must be respected by all those who access this page. The use that the user can carry out on the matter, being the exclusive responsibility in his person.
Only for personal and private use it is allowed to download the contents, to copy or to print any page of this web. It is prohibited to reproduce, transmit, modify or suppress the information, content or warnings of this website without the prior written authorization of XKELET HOLDINGS LIMITED.
APPLICABLE LAW AND JURISDICTION
The present general conditions are governed by the Spanish Legislation, being competent the Spanish Courts and Tribunals to know how many questions arise about the interpretation, application and fulfillment of the same. The user, by virtue of his acceptance of the general conditions contained in this legal notice, expressly waives any jurisdiction that, by application of the Law of Civil Procedure in force, may correspond to him.
How to start using Xkelet?
- First, you must register creating your user profile and fill in all the necessary fields.
- Refer to the operating and scanning guide.
- Once you have completed the previous steps, you will be able to use Xkelet with the available options according to your type of subscription.
What do I need to use Xkelet?
- 6th / 7th / later Ipad or Ipad pro (11‑inch) generation.
- Structure sensor. https://store.structure.io/store
- Install App Xkelet.
- Create a user.
- Select the free version or any of the 3 paid subscriptions.
- Internet connection.
How to do a good scan?
- View the video or the scan guide. Watch video
- Follow the steps indicated in the application. App guide Tour Guide
How to verify that the measurements of the scan are correct before sending it to manufacture?
After a good scan, you can verify that the measurements are correct by accessing the icon "measure", then the perimeters on the scanner result will be displayed on the screen and you can check the perimeters represented on the screen with the patient forearm of the taking. We attach anatomical points guide to collect perimeter data with anthropometric tape.
ANATOMICAL REFERENCE POINTS FOR BODY MEASUREMENTS
The positions and positions of the subject to be measured require, the usual anatomical position: standing with arms relaxed at the sides of the body in semipronation.
General specifications: The perimeters are measured with a 0.5 cm wide (2-3 m long), flexible but inextensible measuring tape, generally Lufkin brand, with a reading resolution of 0.1 cm. Some tapes have a portion of several centimetres before they start with the 0 mark and others start directly with the 0 mark.
They are easy to handle tapes, since the box is small (5 cm in diameter), they weigh a few grams and they have an automatic recovery spring system. The box is held only by the fourth and fifth fingers of the right hand during all measurements; This allows the thumbs and indexes of both hands to control the degree of tension and alignment of the tape on the skin.
For contact to person support
- Contact urgent, call number phone: +34 683 624 452
- Contact no urgent, send mail to: firstname.lastname@example.org
We will answer you as soon as possible
(LICENSED APPLICATION END USER LICENSE AGREEMENT)
The Xkelet apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”). Your license to any Xkelet App under this Standard EULA, and your license to any Third Party App under this Standard EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Xkelet as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Xkelet- branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Xkelet Device to a third party, you must remove the Licensed Application from the Xkelet Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information— including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner
that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR. PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by England and Wales law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any England and Wales-embargoed countries or (b) to anyone on the England and Wales Treasury Department's Specially Designated Nationals List or the England and Wales Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by England and Wales law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to England and Wales Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the England and Wales.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Xkelet shall be governed by the laws of England and Wales, excluding its conflicts of law provisions. You and Xkelet agree to submit to the personal and exclusive jurisdiction of the courts located in England and Wales, to resolve any dispute or claim arising from this Agreement. If (a) you are not a England and Wales citizen; (b) you do not reside in the England and Wales; (c) you are not accessing the Service from the England and Wales; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this
Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country, U.S.A, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.