¿What is Wave?

1.1 Wave is a service ("Wave Service") that lets the user ("User") by downloading an application (the "Application") to his or her smartphone locate and position in real time other users of the Wave Service on a map, as well as to be located by those.

1.2 The Application and the Wave Service are provided by Delorean Studios, S.L., with TIN B-86407384 and address in Calle Jorge Juan 37, 2, 28001 Madrid (Spain) ("Us"). Delorean Studios, S.L. is registered with the Commercial Registry of Madrid, at volume 29,722, folio 150 of section 8, and page number M-534720.

Acceptance

2.1 These terms and conditions of use regulate the User's use of the Application and the Wave Service ("Conditions of Use"). You must carefully read these Conditions of Use. Downloading the Application to your Device (as defined in clause 3.2 below) and/or its subsequent use constitutes acceptance of these Conditions of Use. In case you do not agree with these Conditions of Use, please do not use the Application.

2.2 To download the Application and to use the Wave Service you must meet the following requirements:
(a) Be over age 14; and
(b) have sufficient capacity to enter into a binding agreement with Us and not be subject to any lack of capacity.
If you are between 14 and 18 years old, we recommend you to inform and ask your parents or guardians when transmitting information to other Users with whom you have contacted through the Service. It is strictly prohibited to register as a User if you are below 14 years old. If we are informed a minor under 14 years is registered as a User, we will adopt the necessary measures and we may eliminate or block such User profile.

2.3 These Conditions of Use establish the agreement between the User and Us in relation to the Application and the Wave Service, and replace any other prior contract and previous agreements between the two parties related to the Application and the Wave Service, whether verbal or written.

Subscribing Conditions

3.1 You can download the Application through your regular Applications store, where you will find information about the Application and the Wave Service, including: a description of the main features of the Application and of the characteristics of the Wave Service; the technical requirements (operating system, supported Devices, etc.); access to our webpage, etc.

3.2 To download the Application and use the Wave Service you must have a device ("Device") owned by yourself that uses one of the following operating systems (or higher): iOS 5 and higher for iPhone. All smartphones and devices that support these operating systems meet the characteristics necessary for the correct functioning of the Application. However, in a concrete manner, the devices should be permitted to receive Push Notifications, let access to activate location services and have access to a 3G data connection.

3.3 In your regular Applications store you will find the purchase price the User has to pay in exchange for acquiring the user license to use the Application ("Payment"). The Payment shall be paid by the User by selecting one of the means of payment available through the Application store. The Payment gives the User a right to acquire a license of use for the Application, as well as to use the Wave Service for the period of time established by these Conditions of Use. Depending on Users Country Applicable taxes will or will not be included in the price.

3.4 Once you have downloaded the Application to your Device, you must register as a User of the Wave Service. The registration as a User is a simple process, in which you just have to follow the instructions displayed within the Application at the time. This process consists only of registering your device's mobile phone number, the reception of a sms with a confirmation code, and its introduction in the system.

3.5 For any enquiries in relation to the registration as a User of the Wave service you may contact Us through the following email address: [email protected]

License of Use of the Application

4.1 By these Conditions of Use we provide the User with a non-exclusive, non-transferable license, with a worldwide scope and for the period of time established in these Conditions of Use, to install and use the Application in a Device owned by the User, with the sole purpose of allowing the use of the Wave Service. In no case shall the User rent, lease, lend, sell, transfer, distribute or sublicense the Application to third parties.

4.2 Except as otherwise expressly specified, any use of the Application with different purposes to the one announced above shall require our previous authorization. In particular, but without limitation, the User shall require our previous authorization for: (i) Reproduce or transform the Application with the purpose of fixing bugs; and (ii) making successive versions of the Application or programs resulting from it.

4.3 The User is not authorized to decompile, dissemble, reverse engineer, decrypt or modify the Application and/or its source code in any other way. Notwithstanding the foregoing, the User is allowed to observe, study, verify the correct functioning, without a previous authorization from Us, when such activities are necessary for the use of the Application. The use of the Application does not require any backup copy, so the User shall refrain from making such a copy.

4.4 The documentation related to the Application and/or the Wave Service we provide the User with (manual of use, instructions, these Conditions of Use, etc.) are owned by Us ("Documentation"). By the present Conditions of Use we give the User a non-exclusive, non-transferable license with a worldwide scope and for the period of time specified in these Conditions of Use so that the User can utilize the Documentation with the sole purpose of using and enjoying the Application and/or the Wave Service, with the scope permitted by these Conditions of Use.

4.5 The User undertakes to delete the Application from the Device, as well as to destroy all the Documentation, including these Conditions of Use, prior to any transfer of the Device to a third party, regardless of the manner in which such transaction is implemented (sell, transfer, lease, etc.).

Characteristics of the Wave service

5.1 Through the Wave Service the User will be able to:
(a) Locate and position on a map in real time other Users that wish to share their location with him; and
(b) share his location with other Users or groups of Users, so they can locate him in real time on a map.

5.2 In the Wave Service, the User decides at every moment with who wishes to share his location, so that only those users that you expressly select will have access to such information. In no case the information related to the User's location will be shared by Us with a third party different from the other Users of the Wave Service that you select.

5.3 To select the Users with whom to share your location, the User must follow the steps detailed within the Application, once downloaded to the Device. In addition, at any moment you may stop sharing your location with other Users. To do so you shall delete the open individual channels or the open group channels. This option will be available at all times to the User.

Data Protection

6.1 As a consequence of registering for the Wave Service and the use of such service, some of your personal data, including your User name and telephone number, will be stored in a file under the responsibility of Delorean Studios, S.L., located in Calle Jorge Juan 37, 2, 28001 Madrid (Spain).

6.2 Your personal data will be processed in order to provide you with the Wave Service, as well as for maintenance, tracking, developing and evolution of such Service. Moreover, your personal data may be processed by Us with the purpose of producing reports and statistical studies. You can objet to the processing of your data for such purposes by sending an email to[email protected].

6.3 Maps used by the Wave Service may include advertising information of commercial businesses. However, under no circumstances will we share your personal data with such businesses or other third parties. The insertion of advertising information is necessary for the viability of the Wave Service. If you do not agree with this condition of the Wave Service, please do not use the Application or the Wave Service.

6.4 All the data requested upon registration to the Wave Service is compulsory, failing to provide any such requested data may prevent registration to the Wave Service.

6.5 For the sake of clarity, we inform the User that information related to the User's geographic location data shall not be processed by Us.

6.6 You may exercise your rights of access, modification, cancelation and objection to the use of your personal data by sending a communication, and including a photocopy of your ID to the following email address: [email protected].

Technical Constraints

7.1 The Wave Service is provided based on geolocation technologies currently available and maps provided and controlled by third parties, which may not be infallible.

7.2 We inform the User that as a consequence of carrying out maintenance works, in some cases there may temporal interruptions in the Wave Service.

7.3 We also inform de User that in addition to those specified above, there is a wide range of factors that may eventually affect the Waive Service and/or its quality, including without limitation environmental conditions, network overloads, connectivity, third party software, etc.

7.4 Through the following email address you can contact Us to report bugs as well as other comments or suggestions: [email protected].

Prohibited Uses

8.1 The User may use the Application and/or the Wave Service exclusively with personal purposes and with the scope laid out in the present Conditions of Use.

8.2 The User shall refrain from using the Application and/or the Wave Service to do any illegal activity. Including, but not limited to, using the Application and/or the Wave Service for:
(a) Harass or disturb third persons and/or breaching their intimacy and privacy;
(b) impersonate the identity of other Users or third parties;
(c) spy other Users or third parties;
(d) inform other third parties about the Users location data;
(e) damage the reputation, personal image and/or honour of other Users and/or third parties; and
(f) advertising purposes, for the promotion of products, services or personal or third party activities.

8.3 The User shall not carry out any activity that may cause damage to the Application and/or the Wave Service and/or its functioning and/or development.

8.4 In the event the User were to have knowledge of a third party carrying out any of the aforementioned activities, we ask you to notify Us through the following email address: [email protected], so that we can take the adequate measures.

Liability

We will be liable for the loss and damage caused to the User caused by negligence or wilful misconduct. Except in cases of gross negligence or wilful misconduct by Us, we shall not be responsible before the User for damages caused by inappropriate use of the Application and/or the Wave Service, or failing to meet the recommendations and instructions provided by Us.

Term And Condition

10.1 The agreement between the User and Us has a term of one (1) year ("Initial Term"). The User can renew the Wave Service for an identical period of time to the Initial Term, upon payment of the corresponding fee of which he shall be notified in advance. We shall be entitled to terminate the agreement upon the end of the Initial Term or any of its successive extensions, with a prior notice of one (1) month to the termination of the Initial Period or any of its successive extensions.

10.2 The User shall be entitled to end the relationship with Us at any time by uninstalling the Application from his Device.

10.3 Furthermore, the agreement may be terminated in case of serious breach by either party of their obligations under the present Conditions of Use.

10.4 The termination of the agreement will entail the finalization of the provision of the Wave Service, as well as to extinguish the license of use of the Application provided to the User pursuant to the present Conditions of Use. Similarly, the User shall destroy the Documentation, including the present Conditions of Use.

Miscellaneous

11.1 Claims and complaints: The User will be able to present claims and complaints by sending an email to the following address:[email protected].

11.2 Languages: The present Conditions of Use and the rest of the information provided to the User shall be available in English and Spanish.

11.3 Preservation of the present Conditions of Use by the User: By clicking [here], you may download to your Device, in PDF format, a copy of the present Conditions of Use.

11.4 Changes to the Conditions of Use, the Application and/or the Wave Service: We shall notify the User of any changes in the Conditions of Use, the Application and/or the Wave Service prior to their introduction. If the User is not willing to accept such changes, he shall stop using the Application and the Wave Service. The use of the Application after the notification of the changes implies an acceptance of such changes by the User.

11.5 Legislation: The present Conditions of Use shall be governed by the laws of Spain.

11.6 Dates of the Conditions of Use: These Conditions of Use have been last revised on 18 December 2012.