Terms and Condition

Last updated: June 13, 2023.

These Terms and Conditions of Software Use set forth the terms and conditions governing the use of the KDimension software. By using the Software, you agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions, do not use the Software.

1. General information

1.1. Company information

The company responsible for the development of KDimension software is:
UPICUS DIMENSIONS, S.L.
CIF: B44564896
Registered office: JEAN CLAUDE COMBALDIEU AVENUE, S/N, 3rd FLOOR, DOOR 309, 03008, ALICANTE.
Email: rgpd@upicus.es

1.2. Software description

KDimension is a virtual reality platform that allows users to explore virtual worlds, participate in proposed activities and generate their own content to share with other users, mainly for educational and business purposes. The software is available to users of all ages and from anywhere in the world, as well as to public and private organizations.

1.3. Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

"Terms and Conditions" means these terms and conditions of use of the KDimension Software.
"Software" refers to the virtual reality platform called KDimension developed by Upicus Dimensions S.L.
"User" means any natural or legal person who accesses and uses the Software.
"User Generated Content" means any content, including but not limited to virtual worlds, educational experiences, objects, templates, methods and any other type of user generated content in the Software.
“Upicus” refers to the company UPICUS DIMENSIONS, S.L.

1.4. Acceptance of the Terms and Conditions

By accessing, using or registering in KDimension, the user agrees to comply with the Terms and Conditions, as well as the Privacy Policy available at https://kdimension.com/politica-privacidad/.

1.5. Modifications to the Terms and Conditions

Upicus reserves the right to modify or update the Terms and Conditions at any time. Modifications will take effect upon their publication on the KDimension website (https://kdimension.com/). The User is responsible for periodically reviewing these terms to be aware of the modifications. Your continued use of the Software after the posting of any modifications will constitute your acceptance of the modified terms.

2. Registration and access to KDimension

2.1. Age requirements

The Software is available to users of all ages. However, users under the age of 18 must obtain the consent of their parent or legal guardian to use the Software. Upicus does not knowingly collect personal information from children under the age of 18 without the verifiable consent of their parent or legal guardian.

2.2. User account creation

To access the Software, the User must create a user account by providing accurate and complete information. The User is responsible for maintaining the confidentiality of his account and password.

2.3. Responsibility for the use of the account

The User is responsible for all activities carried out through his user account. Upicus will not be responsible for any loss or damage derived from the unauthorized use of the User's account. The User must immediately notify Upicus of any unauthorized use of their account or any other breach of security.

2.4. Personal data protection

Upicus collects, processes and uses the User's personal data in accordance with its Privacy Policy, which is available at the following link: https://kdimension.com/politica-privacidad/. By using the Software, the User accepts and consents to the processing of their personal data in accordance with said privacy policy.

3. License

3.1. Grant of license

Upicus grants the User a limited, non-exclusive, non-transferable and revocable license to use the Software in accordance with these Terms and Conditions and any additional documentation provided by Upicus.

Below is a brief explanation of what each of the terms means.:

Limited license: It means that the user has permission to use the software, but its use is restricted according to these Terms and Conditions and any additional documentation provided by Upicus.
Non-exclusive: Indicates that Upicus may grant similar licenses to other users or entities. In other words, the user is not given the exclusive right to use the software.
Non-transferable: Means that the user may not transfer, sell or assign the license of the software to another person or entity.
Revocable: Indicates that Upicus has the power to revoke or cancel the license granted to the User. This can happen, for example, if the user violates the Terms and Conditions or if Upicus decides to stop distributing the software.

3.2. Use Restrictions

The User agrees to use the Software only for legitimate purposes and in accordance with all applicable laws and regulations. The User is expressly prohibited:

Copy, modify or distribute the Software, except to the extent expressly permitted by law or authorized by Upicus.
Lease, rent, sublicense, publish, modify, adapt or translate any part of the Software.
Reverse engineer, decompile or disassemble the Software.
Use the Software in any way that could damage, disable, overburden, or impair the performance of the Software.
Use the Software for any illegal, fraudulent or harmful activity.

3.3. Intellectual Property

The Software, including, but not limited to, its design, graphics, logos, images, text and other elements, as well as all content generated by the User, are protected by intellectual property rights of Upicus and their respective owners. The User acknowledges that he does not acquire any ownership rights over the Software or its content.

4. Data protection and privacy

Your privacy is important for us. Upicus guarantees compliance with current regulations on the protection of personal data, reflected in Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons (GDPR).

The privacy policy establishes how the User's personal information is collected, used, processed and protected.

Our privacy policy is available in another section of this website and is mandatory acceptance in order to use the Software. We recommend that you read our Privacy Policy carefully at the following link: https://kdimension.com/politica-privacidad/.

5. User Generated Content

5.1. User responsibility

The User is unique responsible for the content that they generate and share on KDimension. By using the Software, the User undertakes not to infringe the rights of third parties or share content that is illegal, defamatory, obscene, offensive, discriminatory or violates the privacy of other users. Upicus reserves the right to remove any content it deems inappropriate or in violation of these Terms and Conditions.

5.2. License to use the generated content

The content generated and shared by the User in KDimension, whether in the form of text, images, videos, or other types of material, is the property of the User who created it and of Upicus, so you may not commercially exploit such content without consent. of Upicos. Likewise, the User grants Upicus a non-exclusive, irrevocable, perpetual, transferable and royalty-free license (that is, Upicus does not have to remunerate the User) to use, reproduce, modify, adapt, publish, distribute and display said content within and outside of the Software and for promotional purposes of Upicus. On the other hand, the User authorizes other users to use, reproduce, modify, adapt, publish and display said content within KDimension.

5.3. Prohibition of illegal or inappropriate content

The User undertakes not to generate, publish or share content that is illegal, offensive, defamatory, obscene, violent, fraudulent or that infringes the rights of third parties. Upicus reserves the right to remove any content it deems inappropriate and to take the necessary legal measures against Users who violate this provision.

6. User conduct

6.1. Rules of Conduct

The User agrees to use the Software responsibly, respecting the rights of other users and complying with all applicable laws and regulations. The User must not interfere with the proper functioning of the Software or cause inconvenience or damage to other users.

By using KDimension, the User agrees to:

Comply with all applicable laws and regulations, including those relating to data protection and intellectual property.
You will not use the Software for any illegal, fraudulent, defamatory, obscene, offensive or otherwise inappropriate purpose.
Not interfere or attempt to interfere with the security, integrity or proper functioning of the Software.
Not to circumvent, disable or compromise any security or authentication measures used by KDimension.
Do not collect or use data from other users without their express consent.
Be inclusive and not discriminate against anyone based on gender identity, sexual orientation, race, ethnicity, national origin, colour, immigration status, social and economic class, education level, size, or stature, family situation, political ideology, religion, mental and physical ability or any other attribute that is used to qualify others or differentiate communities.
Do not intimidate, threaten or harass anyone.
Do not violate the privacy of other users or spread lies about anyone.
Do not impersonate others.
Do not violate anyone's intellectual property.
Do not encourage anyone to hurt themselves or others.
Be respectful of others.
Do not share pornographic, obscene material or material that represents extreme or aberrational violence.

6.2. Prohibition of illegal or harmful activities

The User is strictly prohibited from using the Software to carry out activities that are illegal, harmful, deceptive, fraudulent or that violate the rights of third parties. The User is solely responsible for his actions in the Software.

6.3. Sanctions and disciplinary measures

Upicus reserves the right to take the disciplinary measures it deems appropriate in case of breach of these Terms and Conditions by the User. These measures may include, among others, the suspension or termination of the User's account and the prohibition of future access to the Software.

7. Shopping in the online store

Users have the possibility of making purchases from our online store. These purchases may include, but are not limited to, virtual worlds, educational experiences, objects, templates, methods, and other related products that may be used within the Software. By making a purchase, you accept the specific terms and conditions of each transaction and agree to provide truthful and updated information.

8. Software updates

Upicus reserves the right to make updates, improvements or modifications to the Software at any time and without prior notice. These updates may include changes to the functionality, features, design or performance of the Software.

The User agrees that updates to the Software may be necessary to continue to use the Software effectively. By accepting these Terms and Conditions, the User agrees to allow and accept automatic Software updates when available.

Upicus will use reasonable efforts to ensure that updates to the Software are backward compatible and do not adversely affect the basic functionality of the Software. However, Upicus does not guarantee that Software updates will be compatible with all operating systems, devices or hardware configurations.

It is the responsibility of the User to ensure that his system meets the necessary requirements to use the Software updates. Upicus will not be responsible for any loss or damage that may arise due to the lack of compatibility of the Software updates with the User's system.

The User acknowledges and accepts that Software updates may require the collection, processing and transfer of certain User information, in accordance with the Upicus Privacy Policy (https://kdimension.com/politica-privacidad/).

If you do not agree to updates to the Software, User may choose not to install or use the updates and instead keep the previous version of the Software. However, Upicus does not guarantee the continuous support of previous versions of the Software and may limit or discontinue its operation at any time.

9. Third Party Services and External Links

9.1. Integration with third-party services

The Software may integrate with third party services, such as social media platforms or payment services. Use of such services is subject to the terms and conditions and privacy policies of the providers of such services. Upicus has no control and assumes no responsibility for third party services.

9.2. Liability for external links

The Software may contain links to external websites or resources provided by third parties. Upicus does not guarantee the availability, content, accuracy or security of these external links. The User accesses and uses these external links at his own risk.

10. Limitation of Liability and Warranties

10.1. Disclaimer

The User uses the Software at his own risk. Upicus does not guarantee that the Software is suitable for the particular purposes of the User, nor that it is free of errors, viruses or other harmful components. The User acknowledges and agrees that the use of the Software is at their own risk and that Upicus shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising from the use or inability to use the Software.

10.2. Warranties and User Responsibilities

The User declares and guarantees that they have the legal right and the capacity to accept these Terms and Conditions, and that they will comply with all the terms and conditions established in this document. The User will be responsible for any breach of these terms and for any damage or loss caused to Upicus or third parties as a result of said breach.

11. Compensation

11.1. User liability for damages

The User agrees to indemnify and hold harmless Upicus, its directors, employees and agents, for any claim, demand, loss, liability, damage or expense, including reasonable legal fees, arising from breach of these Terms and Conditions by part of the User or the violation of the rights of third parties.

12. Resolution and termination

12.1. Right of termination

Upicus reserves the right to terminate or suspend the license granted to the User to use the Software at any time and for any reason, without prior notice.

12.2. Effects of termination

In the event of termination, the User must stop using the Software and destroy all copies of the Software in their possession. The provisions of these Terms and Conditions which by their nature should survive termination will continue to apply.

13. Applicable law and jurisdiction

13.1. Applicable laws

These Terms and Conditions will be governed and interpreted in accordance with the laws of Spain.

13.2. Competent Jurisdiction

Any dispute arising in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the competent courts of Murcia, Spain.

14. General provisions

14.1 Assignment of rights and obligations

The User may not assign, transfer or sublicense any right or obligation derived from these Terms and Conditions without the prior written consent of Upicus. Upicus may assign, transfer or sublicense these terms to any third party without restriction.

14.2. Divisibility

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision will be deemed severable from the other terms and will not affect the validity or enforceability of the remaining provisions.

14.3. Resignation

The waiver by Upicus of any breach or violation of these Terms and Conditions shall not be deemed a waiver of any other subsequent breach or violation. Failure to exercise or enforce any right or provision of these terms by Upicus shall not constitute a waiver of such right or provision.

14.4. Communications

Any communication or notification related to these Terms and Conditions will be made in writing and will be sent to the address provided by the User or to the email address provided by Upicus.

15. How to contact Upicus?

If you have doubts, complaints, questions or any queries about those issues that affect these Terms and Conditions or the privacy of your personal data, you can contact us at the following addresses:

• rgpd@upicus.com

• Avenida Ciclista Mariano Rojas, 52, 8th floor, 30009, Murcia, Spain.

We remind you that if the Upicus product has been provided to you by your organization, you should direct your queries about privacy, including requests to exercise your rights in terms of data protection, to the administrator of the organization.