This Legal Notice governs access to and use of metzzo’s website, mobile applications and other digital services (collectively, the “Platform”). It is provided, among other purposes, to comply with the information obligations applicable to information society service providers that direct their services to the Spanish market.
1. OPERATOR IDENTIFICATION DETAILS
Operator / Company name: Metzzo LLC.
Legal form: Limited Liability Company (LLC).
Registered address: [Address pending confirmation].
State and country of incorporation: Texas, United States of America.
Registration details: Texas Secretary of State — State ID: 0805309688.
Tax identification number (EIN): [Tax identifier pending confirmation].
Contact email address: [email protected].
Website: metzzo.com.
Establishment in Spain: metzzo currently has no branch, subsidiary, permanent establishment or office in Spain or the European Union, without prejudice to any representatives it must appoint under applicable regulations.
Activity: metzzo is a technology platform directed at the Spanish market that enables its Users to create, search for, organize and participate in activities related to Kitesurf, Kitefoil, Wingfoil, Parawing and SUP Foil, as well as to connect and communicate with Riders and, where applicable, Professional Users.
Law 34/2002 on information society services and electronic commerce (“LSSI”) establishes obligations to make information permanently, easily, directly and freely accessible and provides for the application of its obligations to providers established outside the European Union or the European Economic Area that specifically direct their services to Spain, under the terms of that law and applicable treaties or agreements.
2. PURPOSE AND SCOPE OF THE PLATFORM
This Legal Notice governs access to, navigation of and general use of the Platform and sets out basic information about its ownership, content, intellectual property, availability and liability. The use of specific features, creation of an account and participation in activities are also governed by metzzo’s Terms and Conditions.
Depending on the type of User and available features, metzzo allows Users to create, search for, request, organize and participate in downwinds and sessions; manage participants; use messaging systems linked to activities; use maps and certain location features; publish or consult reviews; and connect Riders with Professional Users.
The specific activity formats, participation requirements, rules applicable to Riders and Professionals, professional verification, cancellations, reviews, displayed prices and other operating conditions are detailed in the Terms and Conditions.
3. NATURE OF metzzo
metzzo provides technological infrastructure. Unless expressly stated otherwise for a specific feature, metzzo is not a sports school, instructor, guide, sports center, actual organizer of activities, equipment supplier or provider of the professional services offered by Professional Users.
In professional activities, the Professional User providing the service is responsible for its organization and proper performance, as well as compliance with the professional, administrative, tax, safety, qualification, certification, licensing and insurance obligations applicable to them. The fact that an activity was initially created by a Rider does not make metzzo the provider of the professional service.
In activities between Riders, metzzo provides technological tools so that Users can find one another, coordinate and participate. metzzo does not direct, instruct or supervise sporting activities among participants.
Verification of a Professional User by metzzo is documentary in nature and does not constitute a recommendation, guarantee of competence, independent certification or supervision of the professional service.
4. GENERAL CONDITIONS OF ACCESS AND USE
Access to certain informational parts of the Platform may not require registration. To use certain features, it will be necessary to create an account and accept the corresponding Terms and Conditions.
The User undertakes to use the Platform diligently, lawfully and with respect for third-party rights. In particular, the following are prohibited:
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Using the Platform for unlawful or fraudulent activities or activities contrary to good faith, public policy or third-party rights.
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Impersonating other people or providing deliberately false information to circumvent age, verification or security requirements.
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Introducing, distributing or transmitting malware, viruses or harmful code, or taking actions intended to interfere with, damage or gain unauthorized access to systems, accounts or data.
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Publishing unlawful content or content that infringes intellectual property, privacy, honor, image rights or other third-party rights.
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Using the Platform for unauthorized commercial communications, spam, mass data extraction, abusive scraping or unauthorized automated uses.
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Attempting to circumvent security measures, access restrictions, account controls or moderation measures legitimately applied by metzzo.
Under the Terms and Conditions and applicable law, metzzo may take proportionate measures in response to breaches, including warnings, removal or restriction of content or features, and temporary or permanent account suspension where appropriate. metzzo does not state that it currently uses artificial intelligence to automatically make moderation decisions that have legal or similarly significant effects on Users.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Unless otherwise stated, metzzo or its licensors hold the intellectual and industrial property rights to the Platform and its own constituent elements, including software, code, architecture, interface, design, protectable databases, its own texts, graphic elements, names, trademarks, logos and other protected assets.
Access to the Platform does not imply any transfer of intellectual or industrial property rights to the User. Reproduction, distribution, transformation, communication to the public, making available, extraction or reuse of protected elements is prohibited, except with the express authorization of the rights holder or where permitted by applicable law.
Content contributed by Users, such as photographs, texts, notes, messages or reviews, belongs to its respective rights holders. Its processing and the licenses strictly necessary to operate the Platform are governed by the Terms and Conditions and by the Privacy Policy where such content contains personal data.
Third-party trademarks, maps, content or services integrated into or accessible from the Platform belong to their respective rights holders and may be subject to additional terms.
6. THIRD-PARTY CONTENT AND SERVICES
The Platform may incorporate or provide access to third-party services necessary for certain features, including authentication, mapping, email, technological infrastructure or notification services. The availability and operation of those services may depend on their respective providers.
When a User accesses an external service or uses a feature provided by a third party, that third party’s terms and policies may apply. metzzo does not control external content or services outside its management scope and is not liable for them beyond what applicable law requires.
7. PRICES AND PAYMENTS BETWEEN USERS
Certain professional activities may display a price on the Platform. Publication of that price is for information and activity organization purposes.
metzzo does not currently process, receive, hold or manage payments between Riders and Professional Users. Payments are made directly and outside the Platform between the relevant parties. The Professional User is responsible for their invoicing, tax and other applicable financial obligations. Detailed rules on prices, external payments, cancellations and possible refunds are set out in the Terms and Conditions.
8. AVAILABILITY, SECURITY AND OPERATION
metzzo endeavors to keep the Platform available and secure, but does not guarantee that the service will be available without interruption, free from errors or compatible with all devices, networks or configurations. Interruptions may occur due to maintenance, updates, technical failures, provider incidents, force majeure or other reasonable circumstances.
metzzo may make technical changes, updates, maintenance or modifications necessary to preserve security, correct errors, adapt the service to legal changes or improve its features, while respecting Users’ rights under applicable regulations.
9. LIABILITY
Within the limits permitted by applicable law, metzzo will not be liable for damage arising from use of the Platform contrary to this Legal Notice or the Terms and Conditions, or from acts or omissions attributable to Users or third parties.
Participation in Kitesurf, Kitefoil, Wingfoil, Parawing and SUP Foil may be affected by personal, weather, maritime, environmental, technical and safety factors. metzzo does not control the actual conditions in which each activity takes place or replace the assessment that participants and, where applicable, Professionals must carry out.
To the fullest extent permitted by applicable law, metzzo is not liable for the organization, performance, quality, safety or outcome of professional services provided directly by Professional Users; for accidents, injuries or property damage attributable to sporting activities or to participants’ or Professionals’ acts or omissions; for activity cancellations, changes or delays; for disputes between Users; for payments or refunds made outside the Platform; or for loss, theft or damage to equipment, without prejudice to liabilities that cannot legally be excluded or limited.
Nothing in this Legal Notice excludes or limits mandatory consumer rights or liabilities that cannot be excluded or limited under applicable law.
10. PERSONAL DATA PROTECTION
Personal data processing carried out by metzzo is governed by its Privacy Policy, which provides information on, among other matters, the controller, data categories, purposes, legal bases, recipients, providers, international transfers, retention, data subjects’ rights, minors and security.
Privacy questions and requests may be sent to [email protected]. This Legal Notice does not replace the Privacy Policy.
11. COOKIES AND SIMILAR TECHNOLOGIES
When the website or Platform uses cookies or equivalent technologies subject to specific information or consent obligations, metzzo will provide the corresponding Cookie Policy and, where appropriate, mechanisms for managing User preferences.
Technologies strictly necessary to provide a service expressly requested by the User will be managed in accordance with applicable regulations. If metzzo introduces analytics, advertising or other non-essential technologies in the future, it will update the relevant legal information and request prior consent where required.
12. MINORS
Age rules and protections for minors are set out in the Terms and Conditions and the Privacy Policy. As a general rule, metzzo allows Rider accounts from the age of fourteen (14). Users who have reached the age of sixteen (16) may register, be verified and act as Professional Users, provided that they meet the applicable requirements. Professional Users aged sixteen (16) and seventeen (17) are subject to the same documentary verification process as adult Professional Users, based on the submission of certifications, qualifications or accreditations and documentation relating to the corresponding insurance, without additional documentary verification on grounds of age. This is without prejudice to requirements concerning capacity, authorizations, consent or assistance from legal representatives and any other restrictions that may apply on account of age or the activity carried out.
metzzo may apply enhanced privacy, security, visibility, communication and feature access measures to Users under eighteen (18), including those acting as Professional Users, in accordance with applicable regulations and the actual design of the Platform.
13. CHANGES TO THE LEGAL NOTICE
metzzo may amend this Legal Notice to adapt it to regulatory, technical, corporate or functional changes. The current version will be readily accessible on the Platform and will indicate the date of its latest update.
When a change materially affects the rights or conditions applicable to registered Users, metzzo will use the information or acceptance mechanisms necessary under applicable law and the Terms and Conditions.
14. APPLICABLE LAW AND JURISDICTION
This Legal Notice and use of the Platform are governed by Spanish law, without prejudice to mandatory rules that may apply due to the User’s status, residence or the nature of the relationship.
When the User acts as a consumer, any dispute will be submitted to the courts having jurisdiction under Spanish and European consumer protection regulations and mandatory rules on judicial jurisdiction, including, where applicable, the courts of the consumer’s domicile.
In relationships with Professional Users, jurisdiction will lie with the Spanish courts determined under the applicable territorial and procedural rules, unless a mandatory rule provides otherwise.
Disputes between Users concerning services or activities contracted directly between them must be resolved between the relevant parties. The mere provision of technological infrastructure by metzzo does not make it a party to the contract entered into between a Rider and a Professional User.
15. CONTACT
For general questions relating to metzzo or this Legal Notice: [email protected].
Operator’s address: [Address pending confirmation].