Mobile App - Terms and Conditions of Use of the Monom IIoT mobile application

Owned by
Fernanda Walker
Last updated: Jan 25, 2023
7 min read

The Monom IITo mobile application (the "Application") has been designed by Monom Solutions, S.L. to facilitate remote mobile access to employees, agents, subcontractors, and consultants (including professional advisors) who have access credentials to the "Monom IIoT as a service" platform (the "Platform").

Monom Solutions ("Monom", "we", "us", or "our"), is a limited liability company or Sociedad Limitada, incorporated under Spanish law, with registered office in Madrid, calle Pedro Muguruza, nº 7, established for an indefinite period of time in a public deed authorised by the Notary of Madrid Mr. Luis de la Fuente O'Connor on October 13th, 2016, deed number 1.350 of order of his protocol, registered in the Commercial Registry of Madrid, volume 35280, sheet 17, page M-634246, 1st inscription, with Tax Identification Number (CIF) B87663233.

You can contact us at the following e-mail address protecciondedatos@grupoalava.com.

PLEASE READ THE FOLLOWING TERMS OF USE FOR THE MONOM IITO MOBILE APPLICATION ("TERMS” OR “TERMS OF USE") CAREFULLY. BY DOWNLOADING ON YOUR DEVICE OR MAKING USE OF THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT THEM. THE USE OF THE APPLICATION IS VOLUNTARY. HOWEVER, IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHALL NOT ACCESS OR USE THE APP.

MONOM RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME. IF WE MAKE CHANGES, WE WILL SHARE THEM WITH THE USERS PRIOR TO THE EFFECTIVE DATE AND UPDATE THE "LAST UPDATED" DATE INDICATED IN THE HEADING. IN NO EVENT SHALL THE MODIFICATIONS HAVE RETROACTIVE EFFECTS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST CEASE THE USE OF THE APPLICATION. YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS WILL BE EVIDENCED BY YOUR CONTINUED USE OF THE APPLICATION AFTER SUCH CHANGES ARE IMPLEMENTED. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS FOR ANY REVISIONS.

1. About Monom IITo

The Application enables access to projects hosted on the Platform according to the user permissions you may have. Among its current functionalities, you will have access to your user profile, the assets tree, alerts list and access to the asset feedback.

Monom may update, enhance, improve, modify, suspend, disable, or remove the Application, at any time, as well as introduce new tools, applications, or functionalities from time to time. Downloading the Application is not conditioned on the delivery of any future tools, functionalities, or resources.

Monom may improve, reinforce, and modify the Application, as well as introduce new tools, applications, or functionalities from time to time.

2. Account activation

In order to access and use the Application you must be over 18 years of age, have access credentials to the Platform, accept the Terms and Conditions and the Privacy Policy of the Application, and activate access (log-in) by including your corporate credentials (username and password) as an authorised user of the Platform.

Under no circumstances may you assign or otherwise transfer or give access to your account to any third party. Please remember that you are responsible for maintaining the confidentiality and security of your credentials. If you become aware or have any reason to suspect that your credentials have been stolen, lost, misappropriated, or otherwise threatened, or in the event of unauthorised use of your account, you must inform us immediately.

Monom may at any time request additional information or documentation from you that it deems necessary to verify your identity, and/or your compliance with applicable law and these Terms. Monom may refuse, suspend, or terminate your account until it has access to and validates such information.

When you create your account, you will receive electronic communications from Monom (for example, via email, push notifications, text messages or other types of messages) related to the operation of the Platform. For information on how we use such information, please see our Privacy Policy.

3. Access Keys

You may access the Application using the username and password that you have as an authorised user of the Platform. The loss of the status of authorised user of the Platform implies the loss of the right to access and use the Application.

4. Economic conditions

The downloading and use of the Application by the user is free of charge as a part of the consideration paid by the Subscription holder for access to the Platform. Monom reserves the right in the future to ask the Subscription holder for a specific fee for downloads of the Application or access to premium functionalities.

5. Licence of use, restrictions, and reservation of rights

Subject to your acceptance of these Terms, Monom grants you a non-exclusive, limited, non-transferable and non-sublicensable licence to access and use the Application for the sole and exclusive purpose of accessing the content and functionalities of the Platform that are enabled, and provided that the Subscription holder grants you the status of authorised user and the necessary access permissions.

This licence expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Application or access by unauthorised third parties to the Platform. All intellectual property rights (present and future) not expressly granted by these Terms are expressly reserved by Monom and our third-party licensors.

6. Rules for the use of the Application

You are solely responsible for compliance with any and all laws, rules, regulations applicable to the use of the Application and access to the Platform. In particular, you agree to:

  • Comply with these Terms.

  • Comply with all applicable laws or regulations, policies or standards.

  • Comply with the Terms of Use of the Platform.

  • Not to use the Application for any purpose (commercial or otherwise) that is not expressly contemplated by these Terms.

  • Not to license, sub-license, sell, resell, rent, lease, transfer, distribute, time-share, or otherwise make available to third parties the access to it.

  • Access it for the purpose of developing or exploiting products or services for third parties in competition with the Platform.

  • Not to copy, store or otherwise access or use any information, including personal information about any other user, that you have access to through the Application in any way that is not in accordance with the Privacy Policy.

  • Not to use the Platform in connection with the distribution of unsolicited commercial messages ("spam").

  • Misuse or abuse the tools or functionalities of the Application.

  • Not to use robots, web crawlers, web worms, and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.

  • Avoid, evade, bypass, remove, disable, impede, decode, or otherwise attempt to circumvent a technological measure put in place by Monom or any of Monom's suppliers or other third parties to protect the Platform.

  • Attempt to decrypt, decompile, disassemble, or reverse engineer software used to provide the Platform.

  • Not to take any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper functioning of the Application or the Platform.

  • Not to infringe or violate the rights of any other person or otherwise harm any other person in any way.

  • Not to make any unauthorised use of Monom's content, brand, or proprietary technology.

You acknowledge that Monom has no obligation to monitor any user's access to or use of the Application or to review, disable access to or modify any content, but has the right to do so in order to (i) operate, protect, analyse and improve the Application and the Platform; (ii) ensure users' compliance with these Terms; (iii) comply with applicable law or an order or subpoena issued by law enforcement or other administrative agencies or governmental bodies; or (iv) as otherwise provided in these Terms.

7. Disclaimer of liability

Access to and use of the Application is on a voluntary basis and at your own risk. The Application is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied.

Monom is not responsible for and does not guarantee that the content or software that can be accessed is free of errors or cause damage to the User's computer system (software and hardware). Under no circumstances shall Monom be liable for any loss, damage or harm of any kind arising from accessing, browsing and/or using the Application, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Monom cannot guarantee the continuous and uninterrupted availability and accessibility to the Platform. Monom assumes no responsibility for any unavailability caused by circumstances beyond its control. You further acknowledge and agree that access to the Platform is subject to interruptions and will not be always available, but will depend on a number of factors, including, but not limited to, maintenance, downtime and Internet connectivity issues, or other matters beyond our control. We will do our best to ensure the best possible service to Monom users.

Monom may restrict the availability of the Application or access to certain areas or functions of the Platform if necessary due to capacity constraints, the security or integrity of our servers, or to conduct maintenance measures to ensure the proper or improved operation of the Services.

8. Suspension or Termination of Application Access Privileges

Misuse of the Application and/or the Platform and/or violation of these Terms may, at our discretion, result in suspension or termination of your access privileges and termination of your user account. Similarly, loss of status as an authorised user of the Platform will result in the automatic termination of your right to access and use the Application and therefore termination of your user account.

You may terminate your use of the Application at any time.

9. Privacy

The processing of your personal data accessed by Monom for the purpose of using the Application will be conducted in accordance with the Privacy Policy.

10. Communications

Any notices and other communications to users required or permitted under this Agreement will be done electronically and delivered by Monom by email, by notice on the Application and/or through the Platform.

11. Applicable law

These Terms shall be construed in accordance with Spanish law.