TERMS OF USE “AiTister” SOFTWARE
1. TERMS OF USE: ACCEPTANCE
The computer software called AiTister has been developed entirely by the firm SISTEMAS DE DISEÑO DIGITAL, SL, under its own guidelines.
The use of this software by qualified and/or professional personnel is presupposed.
Therefore, the professional use and manipulation of it through a license implies the express acceptance by the person who accesses it, from now on the user, of all the General Conditions of Use in force at any given time, which are implemented and adapted through the corresponding updates, and SISTEMAS DE DISEÑO DIGITAL can make the modifications it deems appropriate for the progress and good development of the program.
The User, therefore, under the acquisition of the corresponding licence, undertakes to make professional use of it.
As this software should be used by qualified and/or professional personnel, SISTEMAS DE DISEÑO DIGITAL, SL, shall not be held responsible for the consequences, damages or losses derived from the incorrect use of the program.
2. AITISTER OBJECT
AITISTER is a software or computer program entirely developed by SISTEMAS DE DISEÑO DIGITAL, SL for the exclusive use of the User/Licensee; whose source code has been developed by SISTEMAS DE DISEÑO DIGITAL, S.L., no knowledge of the source code or developments made by SISTEMAS DE DISEÑO DIGITAL, S.L. can be obtained.
AITISTER is a software or computer program for professional use that generates original and exclusive images by means of an Artificial Intelligence algorithm.
3. DATA PROTECTION
SISTEMAS DE DISEÑO DIGITAL, SL and, therefore, AITISTER comply with the current regulations established in the Law 15/1999 on the Protection of Personal Data (hereinafter LOPD), of 13 December, and its implementing and development regulations approved by Royal Decree 1720/2004 of 21 December.
Previously, and when using AITISTER, having access, therefore, to the content and information that it may contain, the professional User/Licensee will have the right to make as many observations as he/she considers appropriate regarding the operation of the software.
SISTEMAS DE DISEÑO DIGITAL, SL and, therefore, AITISTER reserves the possibility of having access to User/Licensee data if necessary to carry out those updates, developments and computer improvements and assessments that the software requires, being treated, in any case, in a confidential manner, avoiding its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY, COPYRIGHT
The User/Licensee, by accepting the terms of use and privacy policy of the program with the acquisition of the License, acknowledges that all industrial and intellectual property rights derived from AITISTER belong exclusively to the firm SISTEMAS DE DISEÑO DIGITAL, SL or its associates.
For this purpose, the Trademark Law 17/2001, of December 7, grants SISTEMAS DE DISEÑO DIGITAL, SL, as owner of the trademark “AITISTER”, to its concession, a “ius prohibendi” that it will not hesitate to make effective in order to protect its rights and by virtue of the possibility of action granted by art. 34 of the mentioned law.
In this sense, SISTEMAS DE DISEÑO DIGITAL, SL, being the owner of the Spanish trademark “AITISTER”, prohibits its use by unauthorized third parties for identical or similar purposes, except with the express consent of its legitimate owners by means of a license, being fully entitled to use it in the commercial traffic under this distinctive, corresponding to this firm the exclusive exercise of the rights of exploitation of the same in any form and, especially, the rights of reproduction, distribution, public communication and transformation, being the Users/licensees obliged to make good use of the registered trademark.
Likewise, SISTEMAS DE DISEÑO DIGITAL, SL, in defence of its rights will not hesitate to exercise the actions provided for in Law 3/1991, of 10 January, on Unfair Competition.
The elements of which “AITISTER” is composed, and in particular, the elements that make it up, that is to say, its particular graphic design, corporate colour, menus, images, graphics, navigation buttons, interfaces, texts, and any other content of the same are protected under copyright and author’s rights, being the intellectual property of the holder firm SISTEMAS DE DISEÑO DIGITAL, SL, being prohibited to elude, manipulate or delete them.
5. EXEMPTION FROM LIABILITY
SISTEMAS DE DISEÑO DIGITAL, SL, is exempt from all liability in case the use of AITISTER by third parties, Users/Licensees, professional or not, is not carried out in accordance with the provisions of Commercial Law, Data Protection, Unfair Competition, Industrial and Intellectual Property, despite the advice given in this regard.
In any case, SISTEMAS DE DISEÑO DIGITAL, SL, is exempt from responsibility from the very moment of the disposal, offer, sale or licence of the software to its Users/Licensees, being of account and risk of these last ones the adaptation and good use of the same one.
SISTEMAS DE DISEÑO DIGITAL, SL, guarantees the full and proper functioning of the application with the updates that are made to ensure its development and improvement of performance but is not responsible for any damages caused or likely to occur in the future, or technical defects of any kind, arising from misuse with consequences on the final product.
6. GENERAL LEGAL INFORMATION
SISTEMAS DE DISEÑO DIGITAL, SL, in compliance with the provisions of Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, through its website developed for the operation of its software provides access, by electronic means, permanently, easily, directly and free of charge, to information on its corporate name, tax data, registration, address and communications address.