Last updated: May 2024
WELCOME! BY ACCESSING AND USING THE “YOUR” SERVICES, AS WELL AS BY DOWNLOADING AND ACCESSING THE APPLICATIONS OF EACH SERVICE, YOU EXPRESSLY STATE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS WHICH CONTAIN INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A USER.
These Terms and Conditions regulate the use of the different online services (hereinafter, the “Service(s)“) provided by Telefónica Innovación Digital, S.L.U., a Spanish company belonging to the Telefónica Group, with Tax Identification Number B83188953, registered office at Ronda de la Comunicación, s/n, Edificio Central, 28050, Madrid, and registered in the Mercantile Register of Madrid in volume 42,773, folio 213, entry 79, page M-296237 (hereinafter, “Telefónica“), through its website www.tu.com, as well as the different web, mobile and/or desktop applications owned by it that have been developed for each Service.
1. Acceptance and use
The acceptance, without reservation, of the present Terms and Conditions is indispensable for the use of the Service by any interested person, either in his/her own interest or because he/she is a person authorised by or on behalf of a Business Client (as defined below) to use the Service (hereinafter, the “User(s)“). In this regard, the User acknowledges that he/she has read, understood and accepted these Terms and Conditions prior to accessing and using the Service.
These Terms and Conditions shall be available to Users of the Service, at all times, through the website www.tu.com, as well as the relevant web portal, mobile and/or desktop application (collectively, the “Application(s)”) where the Service is hosted or may be used.
These Terms and Conditions shall apply to all Tu.com Services and to the different contracting methods available in each Application. The use of the Service is also subject to any notices, regulations for use and technical instructions made known to the User by Telefónica, by any means and at any time. The Specific Conditions of the Services are complementary to these Terms and Conditions and prevail over them in the event of contradiction.
In the event that the User does not agree to these Terms and Conditions, the User must not use the Service.
2. Use of Services by Business Customers
The Services may be contracted and/or used, in their different modalities, by a natural person for personal use or by a legal person (hereinafter, the “Business Customer“).
The use of the Services by the Business Customer is also subject to the provisions of these Terms and Conditions. References made in these Terms and Conditions to the User shall be understood, where applicable, to be made to the Business Customer and/or representative or authorized users (e.g. employees of Business Customers).
The User who contracts the Services on behalf of the Business Customer, assumes the subscription of the present Terms and Conditions in the name and on behalf of the Business Customer, declaring to have capacity and power of attorney, or otherwise sufficient authorization, to this end from the Business Customer.
3. Description of Services
Telefónica has a portfolio of Services that are subject to these Terms and Conditions, each with a different scope and purpose. As of the date of these Terms and Conditions, the available Services that are subject to these Terms and Conditions are:
I. VerifAI: is a solution developed by Telefónica that aims to detect whether a certain content provided by the User was generated or modified in some way by Artificial Intelligence (“AI”) systems. In this way, VerifAI allows the User to know the probability (in an estimated percentage) that the content consulted has been generated or modified by AI. The result is provided as an estimate.
II. Latch is a service that offers additional security guarantees in the use of mobile applications and computer systems. It currently has 2 different services: for personal use (B2C) and for companies (B2B), with the following characteristics_.
- Latch for personal use: Offers an extra layer of security by configuring a second authentication factor to protect personal accounts and data in mobile applications. It also provides users with secure browsing on their computer through a free, easy-to-use mobile app.
- To make use of Latch. The user must download the mobile app and register.
- Latch Companies: those companies interested in reducing security breaches and protecting their online services and, therefore, their customers, will be able to use Latch to integrate into their services. This will allow them to offer their customers configurable security latches for the use of their operations, guaranteeing authorized access and use.
- To use Latch Business. The company must register on the web to access the free trial of 30 days and contract the Professional Plan later.
- Go to Latch and consult the Specific Conditions of Service: https://latch.tu.com/www/contract.html.
III. Metashield: Metashield is a family of products that offers a comprehensive response in the application of prevention policies on the document management of an organization by allowing the analysis and cleaning of the metadata contained in its digital documents.
The Services may be provided to the User through different modalities, from a basic modality, at no cost to the User, with functionalities limited both in their characteristics and in the number of uses, to premium modalities, upon payment of the subscription price that is available at any given time for each Service, and through which advanced functionalities may be enjoyed, for professional use and/or without limitation of use, according to the corresponding premium modality and according to the conditions specified in each Application.
Prices and fees for the Services do not include applicable taxes. The User is responsible for the payment of any taxes, duties or other levies imposed by any governmental authority in connection with the use of the Services. The amount of taxes due shall be determined by the tax laws and regulations in force at the time the Services are provided.
4. Access, download and installation of the Application and technical requirements
The Application of each Service that, where applicable, is available and developed by Telefónica for mobile environments, may be downloaded from the official iOS and Android application shops, depending on the geographical availability and the operating system of the compatible device on which it is to be installed.
Telefónica is under no obligation to update the Application, which is provided on an “as is” and “as available” basis for use or download at any given time. The technical requirements for the installation and use of the Application will be available at all times in the aforementioned official application shops.
Telefónica is not responsible for updating the Application and/or software updates that the User must perform on their devices to maintain compatibility with the Application, which is at the User’s own risk. In addition, you should be aware that there may be certain applications or services that are incompatible with the Application, and therefore may not work, or may work differently, if installed.
Telefónica does not guarantee the reliability, validity or integrity of the equipment used to access the Application or the connectivity of the Users’ devices through which it is accessed, over which it has no control and for which it cannot be held responsible for their operation.
5. Registration and requirements for using the Service
Without prejudice to the fact that the download and installation of the Applications may be free of charge for any user of the official iOS and Android application shops, as described in these Terms and Conditions, the User may only access the Application and use the Service if he/she has previously acquired the status of User and, where applicable, has completed the registration process necessary for the creation of his/her access credentials for the Service, and/or has paid the subscription price for the Service.
In order to use the Service, the User must comply with the following conditions:
I. The User must be at least sixteen (16) years of age. The User must have sufficient capacity to contract and be a party to these Terms and Conditions;
II. The User shall at all times comply with these Terms and Conditions, the provisions of applicable law and in particular the provisions of paragraph 6 of these Terms and Conditions.
Telefónica may establish or require additional security validations to access certain options and/or functionalities of the Applications. The User must take into account that some options and/or functionalities may only be available for certain payment methods of the Service.
Telefónica reserves the right to suspend or cancel the Service, in whole or in part, at any time and without prior notice, if it detects or suspects that the User is in breach of any of these terms of use or any other applicable legal provision.
6. Correct use of the Services and their contents
The User undertakes to make reasonable use of the Service and the corresponding Application, as well as any other related services provided by Telefónica.
The User undertakes to use any content available through the Service and the corresponding Application diligently, correctly and in accordance with the Law, morality and generally accepted good customs and public order. The User shall be liable to Telefónica and/or any third parties that may be affected by any use that may cause damage or harm to them.
In the event that the Service includes a User account, the User is solely responsible for storing and protecting his or her credentials or passwords and for not sharing them with anyone.
The User is solely responsible for the consequences that the use of the Service may have on their devices, systems, networks or data. The User must adopt the appropriate security measures to prevent or minimise possible damage or harm that may arise from errors, defects, viruses, malware, spyware or other malicious programmes or codes that may affect the Service or the documents encrypted or decrypted with it.
In this regard, it is prohibited to use the Service for:
- damage, alter, interrupt or gain unauthorized access to Telefónica’s or third parties’ systems, networks, devices or data.
- create, distribute or introduce viruses, malware, spyware or other malicious software or code.
- hacking, cracking, phishing, spoofing or similar activities.
- Connect you, or in any way link you, to software that constitutes, promotes or provides access to espionage, hacking or any other program or code that in any way undermines the integrity of Telefónica’s products and services and computer security.
- Illegal, fraudulent purposes or in any way linked to criminal acts.
- Send spam or unsolicited messages, send, receive, upload, download or use any unlawful, offensive, abusive, malicious, threatening, indecent, defamatory, obscene, racist, or otherwise discriminatory or objectionable material or content.
- Harassing, stalking, persecuting, harassing, tormenting or otherwise annoying a person, slandering, libelling, defaming, impersonating or impersonating another person.
- use it as a tool for business, marital or parental control, or any other form of unauthorized violation of privacy, security and/or personal, family or business intimacy, as well as to spy on and/or violate the secrecy of third party communications.
- infringe the copyright, trademark, confidentiality, privacy or intellectual property rights of Telefónica or third parties in order to carry out or encourage the sending of unwanted advertising, promotions, messages or mass communications. In this regard, the User undertakes to:
- refrain from (a) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted to do so; (b) delete, evade or manipulate the copyright and other data identifying the rights of the owners incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information mechanisms that may be contained in the contents; and (c) use the contents in a manner or with effects contrary to the Law, morality and generally accepted good customs or public order.
- impersonating the identity of other persons or entities.
- Use the Service to develop products and/or services that may compete with the Service used, except with the express written authorization of Telefónica, for which purpose the User may be required to enter into a specific agreement with Telefónica.
- In any other way that infringes the rights of Telefónica and/or third parties.
The use of the Service for any of the purposes detailed above and, in general, for a purpose other than that for which it has been authorized and/or contrary to these Terms and Conditions and/or current legislation, will result in temporary or permanent blocking or termination as a User of the Service, as the case may be, without prejudice to any action or claim that may correspond to Telefónica and/or third parties that may be affected by the improper use.
Specifically, Telefónica may limit the use of or completely block the Service, and its corresponding Application, in the event that the User uses it in a manner that is improper, abusive or contrary to the proper use of the Service, including cases in which such use could represent a threat to the security or integrity of the communications network or that, in any other way, could affect the normal operation of such network or the rights of third parties. This shall be at Telefónica’s sole discretion and without prior notice.
7. Limitation of Telefónica’s liability
The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, as to its performance, quality, security, safety, reliability, accuracy or suitability for Users’ needs or expectations.
Telefónica does not warrant that the Service will be free from errors, interruptions, delays, loss or alteration of data, or that it is compatible with all devices, operating systems, browsers or networks. Telefónica shall not be liable for any direct, indirect, incidental, consequential or special damages arising out of the use or inability to use the Service, including, without limitation, damages for loss of profits, data, reputation, customers, opportunities or savings.
In the event that the User notices the existence of errors in the Service or its contents, failures or any other cause that could be detrimental to the normal operation of the same and/or the availability of the same, the User must notify Telefónica immediately via the e-mail address indicated in the section on customer service. Upon receipt of such notification, Telefónica will endeavour to resolve such defects, faults or errors as soon as possible.
Telefónica shall not be liable for any damages that may arise from the use of the Service, whether caused by errors, defects, viruses, malware, spyware or other malicious programs or codes, or by the loss or theft of Users’ personal passwords.
Telefónica shall not be liable for any damages that may arise from Users’ interaction with other websites, services, applications or platforms that are linked to or integrated with the Service, or that are accessible from the Service.
Telefónica shall not be liable for any damages that may arise from Users’ failure to comply with these terms and conditions, the privacy policy, the cookie policy or any other legal provision applicable to the Services used by the User.
The User shall be solely and exclusively liable for any damages that may be caused by the use of the Services that leads to a breach of the legislation in force and/or the obligations assumed under these Terms and Conditions, holding Telefónica harmless against any judicial or extrajudicial claim related to breaches by the User, as well as any expense, damage, charge or obligation caused by such breaches.
In this regard, Telefónica shall not be liable for any infringement by any User of the rights of third parties, including copyright, trademarks, patents, confidential information and any other intellectual, industrial and/or other property rights. Telefónica may pass on to the User the amount of any penalty or compensation that it may have to pay as a result of the foregoing, without prejudice to the exercise of the appropriate legal actions.
In any event, Telefónica’s maximum liability for any claim related to the Service shall not exceed the amount the User has paid for the Service in the last twelve months, if applicable.
8. Uninstalling and terminating the Application
Telefónica reminds the User that he/she may uninstall the Application from his/her device at any time.
The mere uninstallation of the Application does not entail the termination as a User of the Application or of the services contracted with Telefónica that allow the use of the Application. In the event of uninstalling the Application, the data may continue to be processed for the purposes described in these Terms and Conditions, as long as the cancellation of the account created for the use of the Application is not requested.
9. Privacy and personal data protection
9.1 Processing of Users’ personal data
Telefónica respects the privacy of Users and undertakes to process their personal data in accordance with current legislation on privacy and personal data protection, including the General Data Protection Regulation and any implementing regulations applicable in each jurisdiction (hereinafter, the “Applicable Data Protection Regulations“).
The privacy and personal data protection conditions applicable to the processing of data of the Users of the Application are set out in the applicable Privacy Policy available at https://www.tu.com/pages/politica-de-privacidad , which forms an integral part of these Terms and Conditions and are accepted by the User together with the Terms and Conditions.
9.2 Use of cookies and similar technologies
The Applications may make use of cookies and similar technologies to enable them to function properly and to collect information about Users’ interactions and the way in which they use the Services and their Applications. If the User wishes to obtain more information about what cookies are, what types of cookies there are and how Telefónica uses cookies, he/she can consult the Cookies Policy published on https://www.tu.com/pages/cookies .
9.3 Processing of personal data by Telefónica in the name and on behalf of the Customer Company
If, as a result of the provision of the Services, Telefónica, acting as data processor on behalf of the Business Customer, needs to access, collect or otherwise process personal data under the control of the Business Customer, it will do so on the instructions of the Business Customer and in accordance with the Applicable Data Protection Regulations, in such role of data processor, carrying out the processing operations for the sole purpose of providing each of the Services contracted by the Business Customer, and in accordance with and to the extent of each Service set out in these Terms and Conditions.
To this end, Telefónica and the Business Customer agree to be bound by the provisions of this clause, which constitutes the written data processor agreement required by the Applicable Data Protection Regulations.
9.3.1 Customer Instructions Company
Telefónica will at all times comply with the reasonable and documented instructions of the Business Customer, which are considered part of the established contractual relationship, at all times providing sufficient guarantees to implement appropriate technical and organisational measures for this purpose. In particular:
- Telefónica will only process personal data on the documented instructions of the Business Customer. The personal data to be processed will be the exclusive property of the Business Customer.
- Upon request, Telefónica shall provide the Business Customer with its register of processing activities drawn up in accordance with the Applicable Data Protection Regulations.
- Telefónica will assist the Business Customer in fulfilling its obligation to respond to the exercise of the Data Subject’s rights, as appropriate, where applicable, in accordance with the Applicable Data Protection Regulations. When Stakeholders exercise the aforementioned rights before Telefónica, Telefónica will inform the Business Customer as soon as possible after receipt of the request, together with other information that may be relevant to resolve the request.
- Telefónica will assist the Business Customer in carrying out data protection impact assessments, in accordance with the Applicable Data Protection Regulations.
- Telefónica will assist the Business Customer in carrying out the prior consultations with the competent supervisory authority, which the Business Customer is obliged to carry out in accordance with the Applicable Data Protection Regulations.
- Telefónica will assist the Business Customer in relation to notifications and communications of a personal data security breach to supervisory authorities and data subjects, in accordance with the Applicable Data Protection Regulations.
- Upon completion of the provision of the Services, Telefónica will, at the Business Customer’s option, delete or return to the Business Customer all Personal Data and, where applicable, the media on which it is held, in accordance with Applicable Data Protection Regulations. Telefónica shall comply with any request for deletion or return of Personal Data made by the Business Customer as soon as possible.
- Telefónica will ensure the necessary training and awareness of personal data protection for persons authorized to process personal data. In particular, it will ensure that its personnel are aware of the security measures used by Telefónica and how to apply them and how to respond to incidents related to security breaches.
- Telefónica will ensure that persons authorized within its organization to process personal data have undertaken to respect confidentiality and to comply with appropriate security measures on terms equivalent to those set out in this clause. These confidentiality obligations shall survive the termination of the Services.
9.3.2 Technical and organizacional security measures
Telefónica will take the necessary technical and organizational measures in accordance with the Service Risk Analysis. In assessing the appropriate level of security, Telefónica undertakes to specifically take into account the risks presented by the processing, in particular due to accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, of personal data transmitted, retained or otherwise processed.
In any case, Telefónica will implement the security measures indicated in these Terms and Conditions for each Service.
9.3.3 Sub-processors
The Business Customer generally authorizes Telefónica to subcontract such subcontractors as it deems necessary for the proper provision of the Services. These subcontractors will be considered sub-processors of the personal data under the responsibility of the Business Customer. Upon written request by the Business Customer, Telefónica will provide an updated list of all categories of subcontractors involved in the provision of the Services.
The sub-processor contracted by Telefónica will also be considered a data processor on the same terms as Telefónica has this clause. In this regard, Telefónica undertakes to enter into a data processing agreement or similar written contractual instrument with the sub-processor whereby the sub-processor undertakes to comply with obligations equivalent to those contained in this clause.
9.3.4 International transfer of personal data
Telefónica will use its best efforts to locate personal data processing activities in the European Economic Area or in countries with an adequate level of data protection in accordance with the Applicable Data Protection Regulations.
In the event that the processing activity is carried out in a third country that has not been declared to have an adequate level of data protection, Telefónica must incorporate or ensure the existence of guarantees that provide adequate protection in accordance with the Applicable Data Protection Regulations, such as Binding Corporate Rules, Certifications and Standard Contractual Clauses approved by the competent Authorities for this purpose where applicable and/or other measures additional or complementary to the above.
9.4.5 Breach of personal data security
In the event of an incident that may involve a breach of security of personal data, Telefónica will notify the Business Customer of such breach without undue delay.
Telefónica will cooperate with the Business Customer in the investigation and management, including but not limited to: assisting in any investigation, facilitating interviews with any Telefónica personnel and other persons involved in the matter, making available all records, logs, files, data reports and other materials relating to the data security breach.
Telefónica will ensure that one of the security contacts is available to assist and support the Business Customer in relation to any breach of the security of personal data.
Upon becoming aware of the incident, Telefónica will take the necessary steps to remedy the personal data security breach, including, where appropriate, measures to mitigate any possible negative effects.
Without prejudice to the foregoing, Telefónica will execute with the utmost speed any instructions that the Business Customer may entrust to it in respect of any breach of security notified to it.
9.4.6 Audits
Telefónica undertakes to make available to the Business Customer, within 30 calendar days of the request, all the information necessary to demonstrate compliance with the obligations set out in this clause.
In addition, Telefónica will permit and contribute to the performance of audits of its information systems by the Business Customer or another auditor authorised by the Business Customer. In any case, such audits shall not exceed two (2) in a twelve (12) month period, unless there are justified reasons that require a greater number of audits to be carried out. The Business Customer must notify Telefónica in writing, at least thirty (30) calendar days in advance, of the intention to conduct an audit, as well as the date and duration of the audit.
The cost of the audit shall be borne entirely by the Business Customer and its execution shall not materially and/or adversely affect the ordinary course of business and services performed by Telefónica, nor shall it involve the review of confidential or otherwise protected information and documentation. Telefónica may require either the Business Customer or any auditor authorised by the Business Customer to enter into a specific confidentiality agreement covering the intended audit activities.
10. Device permissions
In order to use any of the Services, its Applications or certain functionalities, and depending on the operating system of the terminal, it will be necessary for the User to previously authorize the specific Application to collect additional information about him/her or about information stored on his/her device. This authorization may be revoked or granted again at any time through the permissions section of the device itself.
In this regard, the Application may request authorization for different permissions, depending on the relevant functionality of the Service to be executed by the User and, among them, it may request explicit permission for access through biometric identification (easy, iris or fingerprint), access to the device’s address book, access to photos and other multimedia content, access to the device’s microphone and camera(s), screen recording, etc.
11. Security
Telefónica adopts the necessary technical and organizational measures to guarantee the security of the Services, applications and Users’ personal data, and to prevent or avoid their alteration, loss, unauthorized access or processing, in accordance with the state of technology, the nature of the data and the risks to which they are exposed.
Telefónica will adopt the necessary technical and organizational measures for each Service. In any case, Telefónica will implement the security measures indicated below:
- Security Policy: Telefónica complies with the Security Policy defined at Telefónica Group level, which establishes the general provisions and guiding principles for Physical and Digital Security. Both the Security Policy and the corporate security regulations that develop it are based on the various applicable legislative requirements, as well as the premises and controls defined in the main international security standards (e.g. ISO 27002, NIST, etc.).
- Security Governance Model: Security Planning and Management is articulated through a Telefónica Group Governance Model that defines and materializes the necessary roles, functions and responsibilities.
- Security awareness and training: Internal awareness and training program for the dissemination of the basic principles of action and security procedures, in order to ensure compliance with regulations and laws by employees.
- Security incident management and response procedure: Telefónica has an incident management process and a response team (CSIRT), which form part of its Information Security Management System (ISMS), through which it covers the full life cycle of security incidents, from registration to resolution, including analysis and diagnosis, classification, immediate response, notification and forensics.
12. Intellectual and industrial property
Telefónica holds all necessary rights, licenses and authorizations to the Services, the Applications and their content, including, without limitation, the design, interface, source code, algorithms, trademarks, logos, text, images, videos, audio, graphics and icons.
The User acknowledges and respects these rights and refrains from any act that may infringe them, such as copying, reproducing, modifying, distributing, publicly communicating, transforming, transferring, renting, lending, sublicensing or exploiting in any way the Service, the Applications or their contents, without the prior written consent of Telefónica.
The User is only entitled to use the Services, the Applications and their contents in accordance with these Terms and Conditions and the applicable law. The User may not incorporate the Service into another tool (their own or a third party’s), use it to provide a service or solution to third parties and/or for the development of a product or service that competes with the Service. In any case, Telefónica reserves the rights not expressly granted to the User under these Terms and Conditions.
Although the User shall retain all rights to the content that he/she generates or sends through the Services and the Applications, he/she grants Telefónica a non-exclusive, worldwide license, limited to the time that his/her account is active and/or when he/she decides to delete them, to reproduce them and adapt them to the technical needs of the Services and the Applications.
The Business Customer grants Telefónica a non-exclusive, non-transferable right to use its trademark, trade name and logo (the “Trademark”) for the sole purpose of promoting the Services provided to the Business Customer. This authorization to use the Trademark is strictly limited to the duration of the contracted Services and does not grant Telefónica any ownership rights in the Trademark. Telefónica agrees to use the Trademark in a diligent and respectful manner, in accordance with the guidelines provided by the Business Customer. Any other use of the Trademark shall require the prior written consent of the Business Customer.
13. Transfer
Telefónica may assign these Terms and Conditions and, where applicable, any other terms that Telefónica may make available to the User, without the need for the User’s prior consent or agreement, to any third party acquiring all or part of the Services or the business constituting the Services.
The User may not transfer or assign its rights and obligations to Telefónica under these Terms and Conditions, or the rights and licenses granted by Telefónica to the User under these Terms and Conditions, without the prior express consent of Telefónica.
14. Modification
Telefónica reserves the right to modify these Terms and Conditions at any time, whenever it deems necessary or appropriate for legal, technical, or commercial reasons or for strategic decisions. In this case, the User will be notified in a timely manner, by means of a communication sent to the contact address provided by the User or by means of publication on the website www.tu.com or in different Applications of the Services. The modifications will come into force from the moment of their publication.
The User should periodically review these Terms and Conditions to be aware of any changes. If the User continues to use the Service after the Terms and Conditions have been modified, the User will be deemed to accept the new Terms and Conditions. If the User does not agree to the new Terms and Conditions, the User should cease using the Service.
15. Miscellaneous
In the event that any provision (or part of any provision) of these terms and conditions is held by a court or other competent authority to be contrary to equity or law and invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
These terms and conditions and all documentation to which they refer constitute the entire agreement and undertaking between the User and Telefónica with respect to the subject matter hereof.
Telefónica’s failure to exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
All provisions which by their nature should survive termination of the terms and conditions shall continue in full force and effect after any termination of these Terms and Conditions by Telefónica or the USER. Termination shall not limit Telefónica’s statutory rights.
16. Contact, suggestions and complaints
Users may contact Telefónica’s customer service department through the usual customer service channels made available by Telefónica and, in any case, may contact Telefónica in relation to the Services by sending an email to info@tu.com. However, within each Application, the User may contact Telefónica for any support issues and to send us any incidents, complaints and claims that they may have regarding the Service and/or the Application.
The answers provided through this service will only relate to the User’s account from which the query is made and may be limited based on criteria such as, for example, the User’s profile.
All suggestions and comments made by the User may be taken into account, implemented and/or adapted by Telefónica without giving rise to any rights in favor of the User.
In addition, the User is informed that, in the event that he/she considers that his/her rights as a consumer have been violated, he/she may resort to the European Union’s online dispute resolution platform http://ec.europa.eu/odr, file a complaint with the competent consumer authorities, request consumer arbitration, or go to the ordinary courts of justice.
17. Applicable law and jurisdiction
The User understands and agrees that Spanish law shall apply to these Terms and Conditions.
Any dispute that may arise from the interpretation of these Terms and Conditions shall be submitted to the Courts and Tribunals of Madrid, in accordance with the provisions of current Spanish legislation and expressly waiving any other jurisdiction that may be applicable, unless any other imperative applies, and without prejudice to the conflict resolution mechanisms available under the applicable consumer and user regulations.