TERMS OF USE OF THE PÔDO PLATFORM AND SERVICES

Last update: 24/02/2026

IDENTIFICATION OF THE INFORMATION SOCIETY SERVICE PROVIDER AND LEGAL INFORMATION
This document regulates the access and use of the mobile and web application PÔDO (the “Platform”) and the physical infrastructure of soundproof booths operated by NOMAD US, S.L., with NIF B-22759153 and address at Av. Diagonal, 640 6 Pta. A, 08017 Barcelona and contact email address info@getpodo.com.

For the purposes of art. 10 of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce (LSSI), it is hereby stated that PÔDO is the provider of the services of the PLATFORM and the service of temporary use of booths in the terms provided in this document.

DEFINITIONS
“Agreement” refers to these Terms of Use, as well as all PÔDO texts and/or policies referred to or linked to in these Terms of Use, being applicable together with the Privacy and Cookie Policies, or other texts linked to the Platform.
“PÔDO” shall refer to NOMAD US, S.L., owner of the Platform accessible through www.getpodo.com.
“Booths” soundproof modules owned by PÔDO installed in various public or private spaces that can be used by Users for the purposes of the Platform.
“Specific Conditions” shall refer to any offer, particular or specific conditions between PÔDO and the User, either through the Platform or by other means in which specific terms of the contracting of PÔDO relating to the different products or services, subscriptions, price, form of payment, terms, among others, are regulated.
“Confidential Information” shall mean all information, including personal data, provided by Users and by PÔDO through the Platform and any other information that should reasonably be considered confidential, taking into account the nature of the information and the circumstances of the disclosure.
“Contracting Process” refers to the different ways of contracting PÔDO services through the Platform.
“Service/s” refers to the services by which PÔDO makes available to Users an online space through which it is possible to locate, book and make use of Booths, manage payment methods and book Booths, among other functionalities offered on the PÔDO Platform.
“Pay per use” or pay per use. Refers to the modality consisting in the payment of the Services per use per minutes/hours/blocks specified in the Platform.
“Platform” means the website, or any software developed, operated and/or maintained by PÔDO for the provision of the Services.
“The ”Business Plan" is a contractual modality aimed exclusively at Professional Users who contract PÔDO's Services within the framework of their business or professional activity.
“Points”, refer to the internal reward system.
“Reservation”, right of temporary use of a Booth during a specific time slot.
“User/s” refers to any person who accesses, browses, makes use of and/or makes any type of transaction or purchase through the Platform. Users may be natural or legal persons and act as consumers or professionals.
“Professional User” refers to Users acting within their professional activities, to whom the consumer regulations do not apply, but are exclusively governed by this Agreement.
“Consumer User” refers to PÔDO Users who are not acting within their professional activities, and the consumer and user regulations are applicable on an imperative basis, without this Agreement being able to limit their unavailable rights.

ACCEPTANCE
Registration on the Platform, reservation or use of a Booth implies acceptance of this Agreement. In the event of the existence of Specific or Particular Conditions, they shall prevail over the general conditions in that which complements or modifies them. The Privacy Policy and Cookies Policy are an integral part of this relationship (RGPD and LOPDGDD).

PURPOSE AND SCOPE OF THE TERMS AND SERVICES
The purpose of this Agreement is to establish the general terms and conditions governing the use of the Platform by the User and the provision of Services by PÔDO consisting of access, installation and use of the Platform; and reservation and temporary use of the Booths.
The Agreement applies to Consumer Users (natural persons acting for purposes other than their trade, business, craft or profession) and Professional Users (companies, self-employed persons or any person acting in the course of their business). When a provision is specific to consumers or professionals, it shall be expressly stated.
By the Agreement, PÔDO will grant to the User a non-exclusive, non-transferable, revocable and time-limited license under the terms and conditions to use its Platform and the Services.
To the extent that the User acts as a consumer and user, the applicable regulations on such matters shall apply, including Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

ADDITIONAL TERMS AND CONDITIONS
The Services may be governed by additional Specific Conditions that will be referenced in this Agreement or posted in a conspicuous place within the Platform. If there is a conflict between these Terms of Use and the Specific Conditions, the latter shall prevail.

ECONOMIC CONDITIONS. PRICES AND INVOICING:
The download and use of the Platform will be free of charge. However, paid services such as Booth Reservation may be included.
In relation to paid services, the User shall pay the corresponding price indicated at the time of making the Reservation according to the means of payment made available to the User.
Product prices will be shown with VAT and other applicable taxes included in the final price, unless otherwise indicated in the case of Professional Users.
The User expressly authorizes PÔDO to issue and make available to him/her the invoices derived from the use of the contracted services through electronic means, in electronic invoice format (PDF or other equivalent format) in accordance with the provisions of Article 9 of Royal Decree 1619/2012, of November 30, approving the Regulations governing invoicing obligations.
The User will make the payment by following the steps indicated according to each of the selected payment methods. You are aware that, in order to guarantee the payment, your information will be shared directly by you with the payment service provider. PÔDO does not provide electronic payment services nor does it have any corporate relationship with the external payment service providers that it makes available to the User, but acts as a mere intermediary. Therefore, by accessing and making any payment transaction on PÔDO using the integrated payment services, the User confirms that he/she has carefully read and accepted the terms and conditions of use and Privacy Policy and other legal texts of such external payment service providers.
As a security measure, the User may be required to confirm the purchase through various means, including via email or message to the telephone number designated by the User, and the purchase may be delayed or cancelled if it is not confirmed or if it is made without following the instructions or due to suspicion of fraud.
Without prejudice to any other rights and/or powers vested in PÔDO, in the event of non-payment of a fee PÔDO may suspend the Services and revoke the license.
Additionally, in the case of Professional Users, it may require the User to pay the interest for late payment provided for by Law 3/2004, of December 29 if the delay exceeds (30) working days of the agreed term; without being held liable for possible damages suffered by the User in the event of suspension and/or interruption of the Services as provided for in the preceding paragraphs.

CONDITIONS OF USE OF THE PLATFORM
The User must necessarily be a natural person, of legal age; or legal entity, being prohibited the creation of robot accounts or automated methods.
To access and use the Services, the User may be required to create an account by registering directly on the Platform.
To reserve and make use of the Services, the User must previously pay the corresponding fee according to the applicable payment method, which will be indicated at the time of the reservation.
PÔDO or authorized third parties may grant the User a promotion of free access to the Platform. In such case, to validate the promotion, the User must follow the instructions given by PÔDO or the authorized third party, and access will be conditioned and limited to the conditions of the promotion. In any case, such access may be revocable at any time by PÔDO.
The User assures that all the information provided for the registration and use of the Services is truthful, and assures to keep it always updated.

INTEGRATED ADVERTISING AND COMMERCIAL FUNCTIONALITIES
PÔDO may display within the Platform non-intrusive advertising, recommendations, integrated offers or promotional content related to the Services or third party partners, always in a proportionate manner and without substantially interfering with the User's experience of use.
Also, PÔDO may incorporate in the future additional features of a commercial nature, including integrated marketplace systems or similar tools to facilitate the supply and purchase of products or services through the Platform. These features may be developed progressively and will be subject to these Terms of Use and, where appropriate, to specific conditions to be published for that purpose.

CONDITIONS OF USE OF THE CABINS
To access the Platform you must have made a satisfactory Reservation.
The reservation will be, in any case, unipersonal. Only one reservation may be made per user in the same time period.
The cabin may be occupied by the number of persons indicated at the time of booking. In the absence of mention, the use of cabins will be unipersonal.
The User must follow the security indications indicated in the Booths and/or other security policies.
The following behaviors are prohibited during the use of the booths:
Admission for children under 14 years old.
Smoking, vaping, introduction of hazardous substances or flammable material.
Maintain a moderate voice volume; avoid annoying behavior or behavior contrary to the coexistence of the installation site.
It is forbidden to sleep, store objects, or use the cabin as a space other than the work/meeting/call space.
It is forbidden to dismantle, manipulate or remove equipment (plugs, lights, panels, locks, sensors, ventilation, etc.).
Make careless use of the cabin, leaving residues, garbage or elements that may alter the order and cleanliness of the cabin.
To take elements or parts that are inside the cabin or are part of it.
Use or occupation of the Cabins in case they are not available for any reason indicated by the Platform.
Engage in any conduct that may involve or may be presumed to involve an abusive use or abuse of right by the User that may harm the interests or purposes of the Platform or third parties.
The violation of any of the causes included may imply the immediate eviction and/or cancellation of the Reservation, without the right to reimbursement in case of non-compliance, as well as suspension or revocation of the User's account and claim for any damages caused.
In accordance with our Privacy Policy, and in order to ensure the security of the facilities and the Users, and to claim breaches and damages caused, PÔDO may install video surveillance cameras in accordance with the Privacy Policy.
The booths may be equipped with power outlets for low-power devices and, where appropriate, local Wi-Fi, using the User's individual username and password. PÔDO does not guarantee continuous speed or coverage, although it will make reasonable maintenance efforts.
The User shall be liable for any damage caused by negligent or wilful misuse. PÔDO may charge repair or extraordinary cleaning costs as well as claim any damage actually caused and justified.
PÔDO may incorporate sensors and technical monitoring systems (such as occupancy sensors or other technological devices) in the Booths and Platform in order to ensure the proper operation, maintenance, safety and proper use of the service. These systems are intended solely for operational purposes and service improvement, and may be updated or expanded in the future by incorporating new technologies, always in accordance with applicable regulations, in particular regarding data protection and privacy.

RESERVATIONS, CANCELLATIONS AND REFUNDS
Reservations:
To reserve a Cabin, the User must select the desired Cabin and a block of hours if available.
The reservation will be conditioned to the payment and availability of the same, either because it is reserved by other Users, due to lack of operation or for any other reason.
To access the physical installation, access to the cabin will be through the platform. Activation and connection of bluetooth and/or Wi-Fi may be required. Specific indications will be specified at the time of booking.
Reserve Times:
Reservations will be made in 30-minute time slots.
A maximum of 2 hours may be reserved in a single request. That is, 4 slots of 30 minutes. To use the cabin for a longer period of time, you must make several unlimited requests. For example, to reserve a cabin for 6 hours, you must make 3 reservations of 2 hours, equivalent to 12 30-minute slots.
Penalties:
After 2 minutes from the end time of the Reservation, if it is detected that the User has not left the Booth:
If the Booth is reserved by another User: a reminder to leave the Booth will be sent.
If the Cabin was not reserved later by another User: the option to extend the reservation will be enabled.
If the User has not left the Booth within 5 minutes from the time the Reservation was completed, the entire slot will be charged.
In case a User accumulates three, as mentioned in point (a) above, the Platform reserves the right to block the User's account for one week and to apply a 25% surcharge on the price. After the application of the aforementioned surcharge, the User's counter will be reset so that the surcharge will be applicable again in case he/she accumulates three defaults again.
Cancellations:
If the cancellation is made more than 6 hours before the reservation time: the money will be refunded in credit. This credit will not be refunded.
If the cancellation is made less than 6 hours before the reservation time: no money will be refunded and the full amount of the reserved section will be charged. Exceptionally, during the first 30 minutes after the reservation is made, modifications or cancellations will be allowed with a credit refund, unless the reservation is for the immediate slot.
Cancellation attributable to PÔDO due to technical causes, force majeure or unavailability of third party location, reasonable alternative or refund will be offered.

POINTS POLICY (REWARDS)
PÔDO establishes the gamification and reward system called «Points» to grant benefits to Users in the form of discounts and other advantages in the contracting of future Services. Points may not be redeemed for cash or refunded, shall have no monetary value and shall be subject to the general terms and conditions applicable to the Points system. PÔDO reserves the right to modify, suspend or eliminate this incentive at any time.
Point Accumulation and Earnings
Points are virtual rewards that Users may accumulate by performing the following actions within the Platform.
For reservations made:
The User will obtain one (1) Point for each fragment (1 point equals 1 fragment) of time (equivalent to intervals of thirty (30) minutes each) booked in a single Reservation. The Platform will notify the User by means of an informative message that, for each period of hours booked, he/she will obtain Points that will allow him/her to access future discounts in the contracting of Services.
By registration in the Platform:
New Users will receive, as a welcome incentive, two (2) free booth slots, equivalent to fifteen (15) Points.
For cancellations more than six (6) hours in advance:
In case of cancellation of a Reservation more than six (6) hours prior to the start time of the same, and as a partial compensatory measure for the non-refund of the amount paid as established in the «Cancellations» section, the User will receive one (1) Point for each Reservation cancelled under such circumstances.
By Cabin Status Reports («Feedback»):
For making reports: The User will obtain one (1) Point for every ten (10) Booth status reports made through the functionality enabled in the Platform.
For receiving positive Booth status reports: When a User accesses a Booth and reports that the status of the same is optimal by means of the option «Everything is perfect!» or similar, the previous User who has used such Booth will receive one (1) Point for every five (5) positive reports accumulated.
Use, Redemption and Application of Discounts
The accumulated Points may be used by the User for the following purposes:
Discounts on Reservations:
For every five (5) Points accumulated, the User will be entitled to one (1) free time fragment (equivalent to thirty (30) minutes of Booth use).
The discount will be applied automatically when the User has reached or exceeded the number of Points required to obtain free time. Such application will be mandatory and automatic, without the User being able to choose to defer or postpone its use for future Reservations.
On the Reservation summary screen, the Platform will inform the User if the price of the Reservation has been reduced or is free of charge as a result of the automatic application of the accumulated Points.
Visualization and Point Management
The User may consult and manage his or her Points balance in the following sections of the Platform:
During the Reservation process: In the calendar screen, where the total price and the Points to be earned according to the selected time fragments will be displayed in real time.
In the Reservation summary: Where the application of discounts for Points, if applicable, will be detailed.
In the User's personal area: Where the total balance of accumulated Points can be consulted.
Post-payment: The Platform will automatically update the Points balance upon confirmation of each transaction.
General Conditions of the Points
Points are personal and non-transferable, being linked exclusively to the account of the User who has obtained them.
Points have no monetary value, cannot be bought and sold, assigned or transferred to third parties, nor can they be exchanged for cash.
PÔDO reserves the right to modify, suspend or cancel the Points system, as well as the ratios for obtaining and redeeming Points, upon prior notice to Users at least fifteen (15) calendar days in advance. In case of cancellation of the system, a reasonable period of time will be granted for the redemption of the accumulated Points.
In case of serious or repeated breach of these Terms of Use, PÔDO may proceed to the total or partial cancellation of the Points accumulated by the User, without any right to compensation.
The Points may have a period of validity that will be duly communicated to the User. Once this period has elapsed without having been used, the Points will automatically expire without the right to claim.

WITHDRAWAL FOR CONSUMER USERS
In accordance with Article 103.l) of the TRLGDCU, the User does not have the right of withdrawal with respect to the reservation and use of the Booths, as it is a temporary use service with a specific date or period of execution.
Once the Reservation has been confirmed, it will not be possible to cancel it at no cost except in the cases and terms expressly provided for in the cancellation policy of this Agreement.
In case of contracting digital services through the Platform, the User may withdraw within 14 calendar days of contracting, provided that the execution has not begun. When the User has expressly consented to the commencement of the provision before the expiration of this period and has been informed that he/she will lose his/her right of withdrawal, no refund will be made (art. 103.m) TRLGDCU).
If a future Booking does not fit into the exception (exceptional case), the consumer may withdraw within 14 days from the contract if the service has not begun to be performed, in accordance with arts. 102 and following TRLGDCU.
Notwithstanding the foregoing, the User shall be entitled to a full refund of the amounts paid when the Reservation cannot be provided for reasons attributable to PÔDO (e.g., technical unavailability, breakdown, or cancellation of the Cabin for maintenance).
In case of applying the right of withdrawal, the User must contact through any of the customer service contact addresses made available to the User. In the request for the right of withdrawal, the User must provide the following information: name and surname, email address, contact telephone number and contracted Services that he/she wishes to withdraw.
The right of withdrawal shall not apply to Professional Users and shall be limited in accordance with applicable law.

CONDITIONS ON BAG OF HOURS FOR THE BUSINESS PLAN
Within the framework of the Business Plan, companies may contract a monthly bag of hours of use of the Booths (hereinafter, the “Bag of Hours”). The terms and conditions of the Bag of Hours will be agreed individually with each of the companies.
The contracted Hour Pool shall be on a monthly basis. The hours not consumed within the corresponding month may only be accumulated in the immediately following month. Once said additional month has elapsed, the unused hours shall be automatically extinguished.
The company may register its employees or collaborators as users of the Platform, who must register using the company's corporate domain. The registered users will be able to make Reservations according to the general operation of the Platform.
Each Reservation made by an employee registered under the company's corporate domain will automatically deduct the corresponding time from the Hour Pool previously contracted by the company.
Once the Hour Pool is exhausted, the employee will not be able to make Reservations unless he/she includes a valid payment method.
The companies will have a specific panel or platform from which they will be able to consult, at any time, the invoicing, the registered users and the available and consumed Hour Pool.
Regarding cancellations made more than six (6) hours in advance, the applicable regime (refund to the Hour Pool or loss of the corresponding hours) will be the one determined and published on the Platform once validated by PÔDO.

LIMITATIONS OF USE OF THE PLATFORM AND SERVICES
The User agrees to use the Platform and the Services in a diligent, correct and lawful manner, in accordance with this Agreement, current legislation, morality, good customs and public order.
Without prior written authorization from PÔDO, the User may not sell, sublicense, assign, rent, distribute, publicly communicate, transform or exploit the Platform, its contents, the interface or the elements that comprise it, or create derivative works, except as expressly permitted in this Agreement.
It is prohibited to circumvent, disable or interfere with the Platform's technical protection or security measures.
It is prohibited to damage, disable, overload, impair or interfere with the operation of the Platform or its networks; emulate, redirect or intercept its protocols; inject code; launch DDoS; use third-party programs that alter the experience or integrity of the service; and use robots, spiders, scrapers or other means of automated data extraction, unless expressly authorized or in the legally permitted cases.
It is not permitted to copy, translate, disassemble, decompile, reverse engineer or attempt to derive the source code of the Platform, except in the cases legally permitted to achieve interoperability with other programs, and within the limits provided by the applicable regulations.
It is prohibited to access or attempt to access the account of other Users, impersonate identities or falsify data. The User shall not transmit his or her credentials to third parties and shall immediately notify PÔDO of any unauthorized access.
The User agrees not to use the Internet network of the Cabins to perform, facilitate or participate in illegal or harmful activities for PÔDO, third parties or network security.
Failure to comply with this section will allow PÔDO the denial, suspension of the use of the Services and even cancellation of the account and revocation of the license and right of use of the User; as well as, where appropriate, the claim for damages and as many legal actions as appropriate.

DURATION AND TERMINATION OF THE AGREEMENT
This Agreement is effective upon User's registration or first access/use of the Platform and shall remain in effect for as long as the User keeps his/her account active, unless terminated in accordance with the Agreement.
PÔDO may: (i) temporarily suspend or limit the User's access; (ii) delete the account; or (iii) terminate the Agreement and revoke the license to use the Platform upon the occurrence of any of the following events:
At any time, in case of Services without cost.
Serious or repeated non-compliance with the Agreement or the law by the User, subject to a request for correction within 15 calendar days, unless, for reasons of security, fraud, public order or requirement of authority, immediate suspension is required.
Non-payment of overdue amounts.
Fraud or well-founded indications of illicit use of the Platform or related to damages caused in the Booths.
Operational or legal reasons that make it impossible or disproportionately burdensome to continue the service (including removal of locations by third parties), giving reasonable notice where practicable.
The User may cancel his or her account at any time without notice.
In the event of final termination of the Agreement and revocation of the license to use the Platform, the User may not use the Platform or any of its tools.
In the event of termination of the Agreement PÔDO will proceed to delete the User's profile, its information and related activity, except during the retention times in accordance with PÔDO's Privacy Policy and with Regulation 2016/679 concerning the protection of personal data of natural persons, PÔDO may block the User's data after deletion of the User's account during the legal or statute of limitations periods.
The sections or conditions regulating the content and intellectual property rights; use of the Platform or the Services; as well as any other condition of the Agreement that, explicitly or by its nature, must remain in force, shall remain in force even after termination,

LICENSE OF USE AND INTELLECTUAL PROPERTY
PÔDO grants the User a non-exclusive, non-transferable and revocable license to access and use the Services for the purposes for which they have been designed and made available to the User, in accordance with the terms of the Agreement.
The license shall remain in force for the duration of the contractual relationship between PÔDO and the User, and is limited to the private and non-commercial use of the Services, unless otherwise agreed between PÔDO and the User.
All moral rights and exploitation rights on the Services and derivatives thereof are and shall remain the property of PÔDO, without the acceptance of this Agreement implying any transfer of the same.
Also, all content displayed on the Platform or in the Booths including videos, designs, graphic texts, logos, icons, buttons, Software, trade names, trademarks and other signs that may generate intellectual or industrial property rights, are the property of PÔDO or third parties who have authorized their use.
PÔDO may modify the Platform and software at any time by adding or removing features and functionality without notice.
Prohibitions:
The User shall not use the Platform, its codes, or any intellectual and industrial property or rights to create any software, computer program or reproduce the business model in any form whose expression is substantially similar to that of the Platform, nor shall the User use such information in any manner that is restricted by any copyright or other intangible rights subsisting therein.
Circumventing technical protection or security measures. Decompiling, disassembling or reverse engineering is not allowed.
Failure to comply with this general condition, in whole or in part, may in any event result in the suspension or revocation of the license by PÔDO, notwithstanding any other remedies available to PÔDO. You acknowledge that PÔDO may require additional payments for unauthorized uses, without prejudice to any other rights or remedies available to you.
If a User detects the presence of content that is illicit, illegal, contrary to the law, that represents a breach of security, or that may constitute an infringement of intellectual, industrial or any other type of property rights, he/she must immediately notify PÔDO at info@getpodo.com.

WARRANTY AND LIABILITY
PÔDO will provide the Services using reasonable efforts to avoid the existence of failures, viruses or interruptions in the Services and to remedy them, but does not guarantee the uninterrupted availability of the Platform or the Booths, which may be affected by maintenance, upgrades, technical incidents, force majeure or failures of third parties (including technology providers, connectivity, opening systems or power supply). PÔDO will take reasonable steps to restore service as soon as possible. When the interruption is directly attributable to PÔDO, the User shall be entitled only to the rescheduling of the Reservation or the refund of the amount paid for the affected slot, without any other compensation, unless otherwise provided by law.
In case of failure in the remote opening of the booths, the User may use the manual button.
In case of impossibility to use the Services, the provisions of the Cancellations section shall apply.
PÔDO may temporarily suspend or restrict access for operational or security reasons, for non-payment, for serious non-compliance by the User, by requirement of authority or force majeure. Where practicable, reasonable notice will be given and the reactivation procedure will be informed.
PÔDO shall not be liable for deficiencies attributable to third party providers or networks, such as, for example, the provider of remote opening of the booths, nor for non-compliance with the internal rules of the establishments where booths are located.
PÔDO shall not be liable for delays or defaults due to force majeure or acts of God (including power outages, general telecommunications failures, internet, catastrophes, external strikes, war or regulatory conflicts).
In relation to Consumer Users, and without prejudice to legally non-waivable rights, PÔDO's liability shall be limited to direct and foreseeable damages arising from its own breach, excluding indirect damages to the extent permitted by law.
Nothing in this clause excludes or limits PÔDO's liability for wilful misconduct or gross negligence.
User's Responsibility:
The User agrees to use the Services in accordance with the law, this Agreement, the rules of the premises where the Booth is located, and the principles of good faith and diligence.
The User shall be liable to PÔDO, to the owners of the premises where the Booths are located, and to third parties, for direct damages arising from the following conduct:
The use of the Booth or the Platform for purposes contrary to law, morality, public order or the provisions of this Agreement.
Damage, deterioration, manipulation, theft or alteration of the Booth, its components, installations or technical equipment (plugs, locks, sensors, wiring, panels, acoustic insulation, furniture, etc.) or wireless elements and networks.
Improper occupation of the booth beyond the reserved period, blocking access to other users or obstructing evacuation routes or common areas.
The introduction of hazardous materials or substances, the use of tobacco or vaping, or the generation of extraordinary odors, waste or dirt.
Unauthorized transfer or resale of Reservations or access by unregistered third parties.
Failure to comply with safety, health, noise, or behavioral standards applicable in the areas where the booths are located.
g) Any act of vandalism, sabotage, harassment, or offensive conduct towards PÔDO personnel, premises or other Users.
The use of the Booth for illegal activities, including, but not limited to, non-consensual recording, data capture from third parties, dissemination of illegal content or infringement of intellectual property rights.
The User shall indemnify PÔDO, its employees, collaborators and partners, against claims, penalties or lawsuits arising from improper, unlawful or negligent use of the Platform or the Booths, including legal defense costs and damages that, directly or indirectly, are caused.
PÔDO may, in case of improper or unlawful use of the Services:
suspend or terminate the User's account.
deny or suspend access to future Reservations.
to claim any civil or criminal actions arising from the acts and to demand the legally appropriate compensation.

DATA PROTECTION
PÔDO processes the personal data of its Users in accordance with applicable data protection regulations, including the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679); Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights; EU Directive 2002/58/EC on privacy and electronic communications; and any applicable national laws or regulations.
PÔDO may implement internal mechanisms for monitoring and analyzing the use of the Platform (internal tracking) in order to optimize technical performance, improve the user experience (UX), detect incidents and develop new features.
Such monitoring will be exclusively operational and statistical in nature, will not involve the adoption of automated decisions with legal effects on the User and will not produce individualized contractual consequences. In any case, the processing of data associated with these activities will be carried out in accordance with the applicable regulations on data protection and the provisions of the Privacy Policy.
Detailed information on the processing of Users' personal data is regulated in the Privacy and Cookies Policy. .

OTHER GENERAL PROVISIONS
Modification. PÔDO reserves the right to unilaterally modify or replace this Agreement. In relation to Consumer Users, PÔDO guarantees that it will notify the User with due notice (at least 30 days) prior to the entry into force of the new terms and conditions except that, for reasons of urgency or favorable conditions for the User, they will enter into force automatically. In the event that the User does not agree with the modifications, he/she must stop using the Platform, since its use is conditional upon acceptance of the Agreement and the use of the Platform shall imply acceptance of the modifications.
In addition, PÔDO may include new Services or features in the future, which will be subject to the terms and conditions specified in this Agreement or by its specific terms.
Assignment. PÔDO may transfer, assign and delegate, in whole or in part, its rights and obligations under this Agreement in accordance with applicable law. User may not assign its rights and obligations or transfer or sublicense its rights hereunder to any third party.
No Waiver. PÔDO's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Partial Nullity. If one or more provisions of this Agreement are declared totally or partially null and void or ineffective by a competent authority, such nullity or ineffectiveness shall affect only that specific provision or part thereof that is affected. All other terms and conditions contained herein shall remain valid and enforceable in their entirety.
Language. In the event that the Agreement has been translated into one or more languages, the English version shall prevail in the event of a dispute.

APPLICABLE LAW AND JURISDICTION
Any dispute arising from the Agreement shall be governed by Spanish law, unless another mandatory rule applies in accordance with consumer law.
For the resolution of disputes and complaints, Users may contact PÔDO at the addresses indicated in this Agreement.
Notwithstanding the foregoing, Users may bring actions before the Courts of Barcelona or, in the case of consumer users, at their choice, before the Courts of their domicile; without prejudice to the provisions of other rules of competition in consumer matters that are imperatively applicable.
In the event of a dispute, consumer users residing in the European Union may also turn to the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt to resolve out-of-court any dispute arising from the provision of Services by PÔDO, pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online.
To access the “Online Platform for Dispute Resolution” you can do it through the following link: http://ec.europa.eu/consumers/odr/
Notwithstanding the foregoing, the parties undertake to use their best efforts to resolve such disputes amicably and in good faith before going to the competent courts.