Legal Notice
1. Owner of the website and of the service
In compliance with article 10 of Spanish Law 34/2002 of 11 July, on information society services and electronic commerce (LSSI-CE), the identifying details of the owner are as follows:
| Owner | Rodrigo Márquez González |
|---|---|
| Spanish tax ID (NIF) | 07075513T |
| Address | Carrer del Cardener 16, 2.º, 08024 Barcelona, Spain |
| hello@sherppi.app | |
| Activity | Operation of the Sherppi digital platform and commercialisation of geolocated audio content |
Sherppi is a brand and a platform currently operated by the owner identified above. Sherppi Tech, S.L. is in the process of incorporation. Once registered with the Barcelona Commercial Registry, the company will take over ownership of the service and this Legal Notice will be updated with its corporate name, tax ID and registry details. Until then, the contractual relationship with users is established with the owner identified above.
2. Purpose and language
This Legal Notice governs access to and use of the Sherppi public website and of the application, both available at the domain sherppi.app and its subdomains (the «Site»).
This document, the Terms and Conditions and the Privacy and Cookies Policy are the same for the website and for the application, and live at the same addresses. They can be consulted from the website footer, from the sign-up screen and from the application Settings. The three are to be read together.
Language. These texts are published in Spanish and in English. The version that governs your relationship with Sherppi is the one in the language in which you created your account and use the service: if you signed up in English, the English version is the binding one. Both versions are kept aligned; if a discrepancy is found, we will correct it, and in the meantime the version in the language you contracted in prevails for you.
3. Conditions of access and use
Access to the public website is free of charge, save for the cost of your own connection. To use the application you need an account, and creating one means accepting the Terms and Conditions in the manner explained there.
By using the Site you undertake not to use it for:
- Unlawful activities, activities harmful to third-party rights, or activities contrary to public policy.
- Distributing content that infringes intellectual or industrial property rights, or the privacy, honour or image rights of other people.
- Damaging the systems of the owner or of third parties, or introducing malicious code.
- Systematically extracting, reproducing or reusing the content of the Site, including mass downloading by automated means.
4. Intellectual and industrial property
All elements of the Site —source code, design, navigation structure, texts, trade marks, logos, illustrations, the Sherppi character, the product nomenclature and the databases— belong to the owner of the Site or to third parties who have authorised their use, and are protected by Spanish and European Union intellectual and industrial property law.
The audio content published on the platform is the work of its authors, the Sherppas, who retain authorship and have licensed its exploitation to Sherppi under the terms of the relevant creator agreement.
Reproduction, distribution, public communication, transformation or downloading of any content without express written authorisation is prohibited, save for the personal and private use enabled by the service's own functionality. Viewing or listening to content within the application grants no exploitation right over it.
5. Third-party content and links
The Site may contain links to third-party sites, as well as references to local establishments, venues and businesses (the Spots). These references are informative and cultural in purpose and do not imply any commercial relationship, sponsorship, professional recommendation or verification of the quality, prices, opening hours or conditions of those establishments.
The owner does not control and accepts no responsibility for the content, policies or practices of third-party sites. Anyone running an establishment that is mentioned and who does not wish to appear on the platform may request its removal by writing to hello@sherppi.app, which will be handled under the procedure in the following section.
6. Reporting unlawful or infringing content
Anyone may report the presence of allegedly unlawful or rights-infringing content by writing to hello@sherppi.app, stating:
- Identification of the specific content and its location on the platform.
- An explanation of why it is considered unlawful or infringing.
- The contact details of the person reporting.
- A good-faith statement as to the accuracy of the information provided.
Reports are handled in accordance with article 16 of Regulation (EU) 2022/2065 on a Single Market for Digital Services (DSA) and article 16 of the LSSI-CE. Receipt will be acknowledged without undue delay, and the decision taken will be communicated together with the redress avenues available.
7. Disclaimer of warranties and liability
The owner does not warrant uninterrupted availability and continuity of the Site or the absence of errors, and is not liable for damage arising from:
- Interruptions, technical failures, delays or unavailability of the network or of the third-party services the platform depends on.
- The imprecision of geolocation on the user's device, whose accuracy depends on the device itself, on the urban environment and on third-party services outside the owner's control.
- The use the user makes of the published information, including decisions about travel, visiting hours, route accessibility or the condition of the places referenced.
- Content provided by third parties, without prejudice to diligent removal once its unlawful character is known.
Safety warning. Sherppi content is consumed while walking through public spaces. The user is solely responsible for their own safety, for paying attention to traffic and surroundings, and for complying with the access rules of the spaces they visit. No instruction given by the application should be followed at the expense of your own safety.
Nothing in this section limits the owner's liability for wilful misconduct, gross negligence or personal injury, nor the rights that consumer protection law grants to consumers on a mandatory basis.
8. Data protection and cookies
The processing of personal data and the use of cookies and equivalent storage technologies are governed by the Privacy and Cookies Policy, permanently accessible from the footer of the Site.
9. Changes
The owner reserves the right to amend this Legal Notice to adapt it to regulatory, technical or business changes. The applicable version is the one published on the Site at any given time, stating its date of update.
10. Governing law and jurisdiction
This Legal Notice is governed by Spanish law.
If you are not a consumer, the parties submit to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction.
If you are a consumer, the courts designated by law for you will have jurisdiction, and this clause cannot deprive you of the protection of the mandatory rules of your country of habitual residence in the European Union. If you reside outside the European Union, Spanish law applies without prejudice to any mandatory consumer protection that the law of your country of residence grants you.