TERMS AND CONDITIONS OF USE OF THE TOURINY APP

1. Object

These Terms and Conditions regulate the access, download, installation and use of the Touriny mobile application, property of TOURINY S.L.

The application is available for devices compatible with Android and iOS and allows users to take self-guided sightseeing tours using geolocation and original digital content developed by TOURINY S.L.

The use of the application implies full acceptance of these conditions.

2. Identification of the owner

Owner: TOURINY S.L.

CIF: ______________________ (Pending)

Registered office

Can Barrera Street 119 A

07141 Marratxi

Balearic Islands

Spain

Email

customerservice@touriny.com

Phone

+34 686 274 795

3. Service description

Touriny allows the user to:

• register via email and password;

• log in using Google;

• login via Facebook;

• select a tourist destination;

• check available tours;

• access self-guided sightseeing tours;

• navigate using Google Maps;

• receive directions through geolocation;

• listen to audio narrations;

• display historical, cultural and tourist information prepared by Touriny;

• purchase version Touriny Pro.

The application constitutes a visitor assistance tool and does not replace the user's attention, vigilance or personal judgment during the tour.

4. Requirements for use

To use the application you will need:

• have a compatible device;

• have an Internet connection when necessary;

• grant location permissions for browsing features;

• accept these conditions.

The user declares that he or she has sufficient legal capacity to contract and use the service.

5. User registration

The user may create an account by:

• email and password;

• Google;

• Facebook.

The user will be responsible for maintaining the confidentiality of their access credentials and for all activities carried out from their account.

If you detect unauthorized access, you must immediately notify TOURINY S.L.

6. Operation of the routes

Each tourist route is made up of different points of interest defined by Touriny.

During the tour the application will be able to:

• show maps;

• calculate routes;

• check the user's proximity to each point of interest;

• play multimedia content;

• offer cultural and historical information.

The quality of the experience will depend, among other factors, on:

• the GPS accuracy of the device;

• mobile coverage;

• the availability of Google Maps services;

• the battery status of the device.

TOURINY S.L. does not guarantee the continued availability of these external services.

7. Use of location

The correct operation of certain functionalities requires access to the location of the device.

The user expressly authorizes such processing by granting the corresponding permissions from the operating system.

The location will only be used to provide the requested service and in accordance with what is indicated in the Privacy Policy.

8. Service modalities

Touriny offers two modes of use.

Free version

The free version allows you to access certain tours by viewing advertising.

As a condition to unlock a free tour, the user must view the advertisements that the application displays in accordance with the operation established by Touriny.

Currently, access to each free tour requires playing two advertisements.

The user acknowledges and accepts that the display of said advertisements is part of the consideration necessary to use certain content of the application for free.

Manipulation of the application to prevent the display of advertising may result in the suspension or cancellation of the account.

Touriny Pro

Version Touriny Pro removes advertising from the application.

Its price is:

€6.99 (VAT included, where applicable), through a single payment.

Unless expressly indicated otherwise at the time of purchase, the Pro license is valid for life, meaning the time during which the application remains operational and the service continues to be offered by TOURINY S.L.

The purchase is made through Google Play or Apple App Store.

The payment and billing conditions will be those established by said platforms.

“LINK TO TOURINY PRO CONTRACTING CONDITIONS”

9. License to use

TOURINY S.L. grants the user a license:

• staff;

• limited;

• revocable;

• non-exclusive;

• not transferable.

The license only authorizes normal use of the application in accordance with these conditions.

In no case does it imply the acquisition of rights to the software or its contents.

10. Intellectual property

All intellectual and industrial property rights over the application belong to TOURINY S.L. or its legitimate owners.

Among others, the following are protected:

• the application;

• the software;

• the design;

• the interface;

• the source code;

• the database;

• the Touriny mark;

• the logo;

• visual identity;

• the routes;

• the routes;

• the structure of the tours;

• the selection of points of interest;

• historical explanations;

• the narratives;

• the scripts;

• the texts;

• the audios;

• the locutions;

• the images;

• the photographs;

• the illustrations;

• the videos;

• the icons;

• custom maps;

• any other content created by TOURINY S.L.

All these elements constitute original works protected by national and international legislation on intellectual and industrial property.

11. Express prohibitions

It is strictly prohibited:

• copy any content;

• download the audios;

• record the narrations;

• extract texts;

• massively capture images;

• reuse routes;

• play the tours in other applications;

• sell the content;

• translate texts without authorization;

• use the materials for commercial purposes;

• economically exploit the contents;

• distribute the material;

• communicate it publicly;

• create derivative works;

• resell access to Touriny;

• remove copyright notices;

• reverse engineer the application;

• decompile the software;

• modify the code;

• use automatic robots;

• perform scraping;

• copy the database;

• massively index the contents;

• train Artificial Intelligence systems using any of the Touriny materials;

• use texts, audios, photographs, illustrations or tours to feed generative AI models or machine learning systems without prior written authorization from TOURINY S.L.

Failure to comply with these prohibitions may give rise to civil, administrative and criminal actions, as well as claims for damages caused.

12. Original content from Touriny

All tours available in the app have been designed and developed by TOURINY S.L.

Likewise, they are of their own creation:

• descriptive texts;

• historical investigations;

• the narratives;

• the scripts;

• the locutions;

• the audios;

• the original photographs;

• the images;

• the illustrations;

• graphic elements;

• educational and informative materials.

The user expressly acknowledges that said content constitutes original works protected by copyright.

The use of the application does not grant any right of reproduction, distribution, transformation, economic exploitation or reuse of said contents.

12 bis. Protection against the use of Artificial Intelligence and automated content extraction

All content available in the Touriny application and on the www.touriny.com website, including, among others, tourist routes, the selection and organization of points of interest, texts, investigations, descriptions, narrations, scripts, audios, voiceovers, images, photographs, illustrations, graphic elements, databases, metadata, application design and any other material created or developed by TOURINY S.L., constitute original works protected by intellectual and industrial property legislation.

It is expressly prohibited, unless prior, express and written authorization from TOURINY S.L.:

• use all or part of the contents to train, develop, adjust or improve artificial intelligence models, language models, machine learning systems, generative models, virtual assistants, recommendation engines or any other similar technology;

• automatically extract, collect, index or reproduce content using robots, crawlers, spiders, scrapers, unauthorized APIs or any other massive data extraction system;

• generate derived databases using the contents of Touriny;

• use the contents for text or data mining processes (Text and Data Mining or TDM), except in cases expressly permitted by applicable legislation and always respecting the reservation of rights expressed by TOURINY S.L.;

• use the contents to create products, applications or services that reproduce, imitate, substitute or compete directly or indirectly with Touriny;

• reproduce, transform, adapt, translate, synthesize, summarize or generate derivative works using artificial intelligence tools without the prior written authorization of TOURINY S.L.;

• eliminate, modify or hide any reference to authorship, intellectual property rights or technical protection measures incorporated in the contents.

TOURINY S.L. expressly expresses its reservation of rights regarding the use of all its contents for text and data mining activities, training of artificial intelligence models and any other form of automated processing aimed at obtaining, generating or reusing said contents for commercial purposes, research, technological development or creation of derivative products, unless expressly authorized in writing.

The mere availability of the content through the application or the website does not imply the granting of a license, authorization or consent for its use for the purposes of training, development or exploitation of artificial intelligence systems.

Failure to comply with this clause may give rise to the exercise of any civil, commercial, administrative or criminal actions that may apply, including the claim for damages, the immediate cessation of the infringing activity, the removal of content obtained illegally and any other measure provided for by current legislation for the protection of the intellectual and industrial property rights of TOURINY S.L.

13. Responsible use

The user agrees to use the application responsibly.

During the tours you must:

• respect traffic regulations;

• obey existing signage;

• respect safety instructions;

• pay attention to the environment;

• Avoid continued use of the phone while crossing streets or driving through dangerous areas.

Touriny does not substitute the user's personal attention.

14. Service availability

TOURINY S.L. will try to keep the service available continuously.

However, interruptions may occur due to:

• maintenance;

• technical incidents;

• breakdowns;

• Internet problems;

• third party services;

• causes of force majeure.

These circumstances will not generate the right to compensation, unless applicable legislation provides otherwise.

15. Updates

TOURINY S.L. will be able to update the application to:

• improve functionalities;

• fix bugs;

• reinforce security;

• incorporate new routes;

• modify contents.

Some updates may be necessary to continue using the application correctly.

16. Suspension or cancellation of accounts

TOURINY S.L. may suspend or cancel accounts when it detects, among other circumstances:

• fraud;

• illicit use;

• violation of these conditions;

• advertising manipulation;

• copy of the content;

• automated use;

• attacks against the platform;

• abusive use of the service.

Cancellation will not generate the right to compensation when it arises from a breach attributable to the user.

17. Exclusion of guarantees

TOURINY S.L. does not guarantee:

• the permanent availability of the application;

• the absolute absence of errors;

• GPS accuracy;

• the continuity of Google Maps;

• the permanent availability of Firebase;

• the absence of technical incidents derived from third parties.

18. Limitation of liability

TOURINY S.L. will not be responsible for:

• accidents that occurred during the tours;

• decisions made by the user;

• damages resulting from negligent use of the application;

• third party service interruptions;

• loss of coverage;

• cartographic errors provided by external providers;

• changes in monuments, streets, schedules or accesses.

19. Modification of conditions

TOURINY S.L. may modify these Conditions when necessary for legal, technical or commercial reasons.

The modifications will be published in the application or on the website and will take effect from their entry into force.

20. Electronic communications

The user accepts that TOURINY S.L. may send communications related to the operation of the application, including security notices, technical incidents, modifications to the conditions of use, changes to the Privacy Policy or any other communication necessary for the correct provision of the service.

Commercial communications related to new destinations, routes, promotions or news will only be sent to those users who have given their express consent to do so.

Each commercial communication will include a simple, free and accessible mechanism that will allow the user to unsubscribe from future communications at any time.

21. Applicable legislation and jurisdiction

These Conditions will be governed by Spanish legislation.

In the event of a dispute, the parties will submit to the Courts and Tribunals that are competent in accordance with consumer and user protection regulations.