Reserving Terms of Service

Introduction

Welcome to Reserving. These Terms of Service (hereinafter, the "Terms") constitute a legal agreement between you (the "User", whether an individual or an entity acting as an operator) and the managers of the mobile application Reserving (hereinafter, "Reserving", "we", or "us"). The Reserving application is available globally on the Apple App Store and Google Play, and is designed to allow the management and reservation of all types of resources, including organized activities, clubs, events, facilities, and services.

Please read these Terms carefully before using the application. By using Reserving, you are accepting the Terms and expressing your agreement with all the provisions set forth herein. If you do not agree with these Terms in their entirety, you must refrain from using the application and Reserving's services.

Acceptance of Terms

By registering, accessing, or using Reserving, you agree to be bound by these Terms, either on your own behalf as an individual user or on behalf of the entity you represent (e.g., a company or association if acting as an Operator). You represent and warrant that you are of legal age (or have the authorization of your legal guardian) and have the capacity to enter into this binding agreement. If you are using the application on behalf of a company or other organization, you also represent that you are duly authorized to accept these Terms on behalf of such entity.

Please note that when downloading the app from third-party platforms (such as the Apple App Store or Google Play), you will also be subject to the terms and conditions of those platforms. Such platforms are not part of this agreement: Apple, Google, and other app store providers are not responsible for the content or maintenance of Reserving. Apple Inc. and Google LLC, along with their affiliates, shall be considered third-party beneficiaries of these Terms, meaning they may enforce them against you if necessary, but this does not impose additional obligations or responsibilities on them towards you.

By accepting these Terms, you commit to complying with them at all times while using the application. If at any time you disagree with any part of these Terms, you must immediately stop using the service and, if applicable, cancel your account.

Description of Service

Reserving is a digital platform (mobile application) that facilitates the connection between users wishing to reserve resources or activities (Users) and organizations, companies, or associations offering such resources (Operators). Through Reserving, a User can explore a variety of available resources (e.g., sign up for activities, book sports facilities, register for events, or request services) and make reservations easily. Operators, in turn, can publish and manage the activities, events, facilities, or services they offer for Users to reserve.

It is important to highlight that Reserving acts solely as an intermediary platform between Users and Operators. Reserving does not own or manage the activities or resources offered by Operators, nor is it part of the specific reservation contract or agreement that may arise between a User and an Operator. The responsibility for fulfilling the reservation (e.g., carrying out the reserved activity or providing the agreed service) lies exclusively with the Operator who published the resource, and the responsibility for using the resource according to the conditions lies with the User who made the reservation.

Currently, the use of Reserving is free for both Users and Operators, and there is no integrated payment system in the application (see section Possible Payment System below). Any monetary transaction related to a reservation (e.g., payment for a ticket or fee for an activity) must be managed outside the platform, directly between the User and the Operator. Reserving may implement additional features in the future, but will notify you through an update to these Terms or relevant channels.

Registration and User Accounts

To access the full features of Reserving, you need to create a User Account. The registration process requires providing truthful, accurate, and complete information, such as a name, valid email address, and other requested data. You agree to keep your registration information updated. Each user (individual or entity) must have their own account; sharing the account with third parties or creating multiple accounts without authorization is not permitted.

When registering, you must choose a profile type: User (to make reservations) or Operator (to publish resources). Both profile types are subject to these Terms, with some additional specific obligations for Operators described later. You are responsible for maintaining the confidentiality of your login credentials (such as the password) and for all activities that occur under your account. If you suspect that the security of your account has been compromised (e.g., due to loss, theft, or unauthorized access), you must notify Reserving immediately so we can help protect your account.

Reserving reserves the right to refuse registration, suspend accounts, or require verification of additional information if false information, misuse of accounts, or any other reason justifying such action in our judgment is detected (see section Suspension and Termination of Accounts). Furthermore, by creating an account, you declare that you are of legal age (18 years in most jurisdictions) or have permission from your legal representative to use the application if you are a minor according to applicable laws.

Obligations of Users and Operators

Both Users and Operators agree to use Reserving responsibly and lawfully. Below are the obligations of each party when using the platform:

Obligations of Users (People making reservations)

Obligations of Operators (Companies or associations offering resources)

Failure to comply with the above obligations by Users or Operators may result in actions by Reserving, including suspension or cancellation of the account, removal of published content, and/or legal actions as appropriate.

Publication and Management of Resources

This section applies primarily to Operators using Reserving to publish their resources or activities for reservation. Below are some rules and guidelines that Operators must follow when publishing and managing their offerings on the platform:

Possible Payment System (Future)

Currently, Reserving does not offer an integrated payment system in the application. This means the platform does not process payments, charges, or monetary transactions between Users and Operators at the time of reserving a resource. Any payment required by the Operator (e.g., the price of an event ticket, sports court rental, or class fee) must be managed outside the application. It is the Operator's responsibility to clearly inform the User about the amount and payment conditions before the User confirms the reservation, and to agree on how and when such payment will be made (e.g., payment at the event location, bank transfer, etc.).

However, Reserving reserves the right to implement an integrated payment system or other economic transaction tools within the application in the future. Should a payment functionality be introduced on the platform:

Prohibited Use

To ensure a safe and reliable experience, Users (including Operators) agree not to use Reserving improperly or illegally. In particular, it is strictly prohibited to:

Violation of these prohibitions may result in actions taken by Reserving, such as immediate suspension of the infringing account, removal of illicit content, notification to competent authorities if any law has been broken, and initiation of legal actions (civil or criminal) where appropriate.

Suspension and Termination of Accounts

Reserving reserves the right to temporarily suspend or permanently terminate the access of any User or Operator to the platform in the following cases (among others):

Depending on the severity of the situation, suspension or termination may occur with or without prior notice. When reasonable, we will attempt to inform the involved User or Operator about the measures taken and, if applicable, the actions needed to remedy the issue. However, in serious or evident cases (e.g., manifestly illegal activities, fraud, or threats to the security of others), we may proceed with immediate disabling without prior notice.

If your account is suspended or terminated, you understand that you may lose access to your profile, any associated content, and any pending reservations on the platform. In case of permanent termination, you will not be entitled to reactivate your account or create a new one without our express consent. In case of temporary suspension, you will be informed of the duration of the suspension or the conditions for lifting it, as applicable.

You may also voluntarily cancel your Reserving account at any time by contacting us through the support channels indicated in the Contact for Inquiries section or using any account closure tools available in the app. Please note that upon voluntary cancellation of your account, your data and content may be deleted or archived according to our Privacy Policy, and obligations incurred before cancellation (e.g., honoring an active reservation or paying an outstanding fee to the Operator outside the app) will remain in effect despite the cancellation.

Upon termination of an account (whether by Reserving's decision or the User/Operator's own), certain provisions of these Terms will continue to apply due to their nature. In particular, sections related to Intellectual Property, Disclaimers and Limitations of Liability, Applicable Law, and any others that logically should remain in effect, will survive the termination of the agreement between the parties.

Intellectual Property

All intellectual and industrial property rights related to Reserving and its platform belong to Reserving or, where applicable, its licensors. This includes, without limitation: the source and object code of the application, designs, logos, trademarks, the trade name "Reserving", the user interface, functionalities, databases, and any proprietary content created by our team (texts, graphics, icons, etc.). Such elements are protected by international laws and treaties on copyright, trademarks, patents, and other applicable regulations. All rights are reserved in favor of Reserving.

As a user of the application, you are granted a limited, non-exclusive, non-transferable, and revocable license to use Reserving and its content solely for the purpose of accessing and using its reservation services, in accordance with these Terms. This usage license does not grant you any ownership rights over the application or its contents. Reproducing, distributing, modifying, creating derivative works, displaying, or exploiting the application's resources in any way is strictly prohibited, except as permitted by law or with prior written authorization from Reserving.

Regarding content generated by Users or Operators (e.g., activity descriptions, event images uploaded by Operators, profile information, etc.), the copyright and other property rights over such content will remain with the party who provided it (the User/Operator or the relevant third party). However, by publishing content on Reserving, you (as the author or rights holder of that content) grant Reserving a royalty-free, non-exclusive, worldwide license for the maximum legal term, to use, reproduce, adapt, display, and distribute such content within the platform and in promotional activities related to Reserving. This license is solely for the purpose of allowing us to operate the service, display your listings, and promote the platform.

In no case will Reserving claim ownership over your content, and you may delete or edit such content at any time. If you decide to delete content you previously published, we will make reasonable efforts to remove it from the platform promptly, although you acknowledge that backup copies or references thereof may remain if other users have shared it through the app's features.

You warrant that any content you publish on Reserving does not infringe third-party intellectual property rights or other rights (such as image rights, privacy, or honor). If Reserving receives a claim or notification from a third party alleging infringement of rights over content provided by a User or Operator, we may preemptively remove such content while the situation is clarified. Likewise, we may provide your contact details to the claimant if required by law or authority, to facilitate direct resolution between the parties. Similarly, if you believe that any content in the app infringes your copyright or other rights, please contact us immediately (see Contact for Inquiries) to investigate the case and, if appropriate, remove or block the allegedly infringing material.

Disclaimer of Warranties

Reserving is provided "as is" and "as available", without warranties of any kind from us, whether express or implied. To the fullest extent permitted by applicable law, Reserving does not warrant that: (a) the platform or the content published on it will fully meet your expectations or needs; (b) the service will be available uninterrupted, timely, secure, or error-free; or (c) the information (including activity listings, schedules, availability, etc.) provided by Operators or third parties is accurate, complete, or reliable.

Users and Operators understand and agree that Reserving is an intermediary platform and, as such, we do not create, control, or assume responsibility for the content and offers published by Operators or for the actions or omissions of any User or Operator. Consequently:

In certain jurisdictions, excluding or limiting implied warranties in consumer contracts is not permitted, so some of the above limitations may not apply to you. However, to the extent permitted by law, Reserving expressly disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the service provided.

Limitation of Liability

To the maximum extent permitted by law, Reserving (including its developers, owners, employees, affiliates, and agents) will not be liable to Users or Operators for any indirect, incidental, special, punitive, or consequential damages, nor for loss of profits, revenue, data, business opportunities, unrealized savings, or third-party claims arising from the use of the platform or the inability to use it, even if we have been advised of the possibility of such damages.

Furthermore, Reserving's total cumulative liability to you for any cause whatsoever (whether in contract, tort -including negligence-, or under any other legal theory) will be limited to the amount you have paid to Reserving (if any) for the use of the application in the twelve (12) months immediately preceding the event giving rise to the claim, or to one hundred (100) euros if such amount is less than that figure. Since Reserving currently does not charge any amount for the basic use of the platform, in practice this limitation means we assume no financial liability unless the law provides otherwise in a particular case.

Nothing in these Terms shall be construed as excluding or limiting Reserving's liability in cases where, by law, it cannot be restricted. For example, liability for death or personal injury caused by our gross negligence, or liability for willful misconduct or fraud, will not be excluded or limited. Notwithstanding the foregoing, you acknowledge that the use of the application involves certain inherent risks and agree to release Reserving from any liability not expressly assumed in these Terms.

Modifications to the Terms

Reserving may modify or update these Terms periodically, for example, to adapt them to legal changes, platform improvements, or the inclusion of new features (such as the potential payment system mentioned). In case of modification, we will publish the updated version of the Terms in the application and/or on our website, indicating the last update date. We may also notify you through the contact means you have provided or via an in-app notification about significant changes to the Terms.

It is the responsibility of the User and Operator to periodically review these Terms to be aware of any modifications. If you continue to use Reserving after the new Terms have come into effect, you will be deemed to have accepted the modifications. If you do not agree with the updates, you must stop using the application and may request the cancellation of your account.

Modifications to the Terms will not have retroactive effect, unless required by a legal provision, and will become effective from the moment of their publication or on the later date indicated in the communication.

Applicable Law and Jurisdiction

Unless mandatory regulations state otherwise, this agreement shall be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of laws principles. Likewise, and except where applicable law provides for a mandatory different venue (e.g., in consumer protection matters), the parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Valencia, Spain, to resolve any divergence or claim arising from these Terms or the use of Reserving.

Severability: If any provision of these Terms is declared null or unenforceable by a competent court or body, such provision shall be deemed modified or, ultimately, severed from the rest of the agreement to the minimum extent necessary, so that the remaining provisions remain valid and enforceable. The nullity or unenforceability of a particular clause will not affect the validity of the rest of these Terms.

No waiver: Reserving's failure or delay in exercising any right or power under these Terms, or in demanding compliance with any of its stipulations, shall in no case constitute a waiver of such right nor exempt the User/Operator from fulfilling their obligations. Any waiver of rights or dispensation of obligations by Reserving will only be effective if made in writing and signed by our authorized legal representative.

Entire agreement: These Terms, together with the Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire and sole agreement between you and Reserving regarding the use of the application and the services offered. This agreement supersedes and voids any prior agreements, communications, or proposals, whether oral or written, between the same parties concerning the subject matter regulated herein.

Assignment: You may not assign or transfer the rights or obligations arising from these Terms without the prior written consent of Reserving. We, however, may assign our rights and obligations under this agreement (e.g., in case of merger, acquisition, corporate restructuring, or sale of assets including the platform) to a trusted third party, provided that such assignment does not affect the guarantees and rights of users recognized in these Terms.

Contact for Inquiries

If you have questions, doubts, or comments related to these Terms of Service or the operation of the Reserving application, you can contact us through the following means:

We will do our best to respond to your inquiries as quickly as possible. Your feedback and questions are valuable to us and help us improve the service.

Thank you for trusting Reserving! By using our application, you are contributing to creating a community where managing and reserving activities and services is simpler and more accessible for everyone. We hope you enjoy the experience, and we invite you to consult these Terms periodically to stay informed about the conditions of use of the platform.