Legal Notice

This Legal Notice (the "Notice") sets forth the mandatory identifying information of the service provider and the general terms governing the access to, and the use of, the web platform accessible at the domains blocalapp.com, www.blocalapp.com and any subdomain, preview deployment or staging environment operated by BL PLATFORM S.L. (collectively, the "Platform").

The Notice is published pursuant to Article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSI-CE"), Regulation (EU) 2022/2065 on a Single Market for Digital Services ("Digital Services Act" or "DSA"), Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Defence of Consumers and Users, and any further mandatory provisions of Spanish or European law applicable to the Provider.

By accessing the Platform, the User unequivocally acknowledges having read, understood and accepted the terms of this Notice. Where the User does not agree with any provision hereof, the User shall refrain from accessing or otherwise utilising the Platform.

In accordance with Article 10 LSSI-CE, the identifying particulars of the Provider are as follows:

The Provider's activity does not require prior administrative authorisation and is not subject to a regulated profession within the meaning of Directive 2005/36/EC.

The Platform offers an online service enabling End-Users to discover hospitality establishments (restaurants, bars, cafés, venues) and enabling verified Business Users to manage the public-facing profile of such establishments. The full functional and contractual scope of the service is described in the Terms & Conditions, which form an integral part of the legal instruments binding upon the User.

This Notice applies in addition to, and not in derogation of, the Terms & Conditions, the Privacy Policy and the Cookie Policy. In the event of any conflict between the present instrument and the Terms & Conditions, the latter shall prevail in respect of the contractual relationship between the User and the Provider.

Access to the Platform's public surface is, in principle, free of charge and does not require prior registration, save for the technical processing of essential cookies described in the Cookie Policy. Access to certain features (account creation, content submission, business dashboard, paid subscriptions) is conditioned upon registration, age verification (minimum fourteen (14) years pursuant to Article 7 LOPDGDD) and acceptance of the applicable contractual instruments.

The Provider reserves the right, at its sole discretion, to refuse, suspend or terminate access to the Platform — in whole or in part — where the User breaches the present Notice, the Terms & Conditions or any applicable law, or where the security, integrity or availability of the Platform so requires.

Any natural or legal person accessing the Platform shall be considered a User. The User expressly acknowledges that access to and use of the Platform implies full and unreserved acceptance of the present Notice in its version in force at the moment of access. The User shall periodically consult this Notice in order to ascertain any modification thereto.

The User undertakes, in particular:

1. To use the Platform in accordance with the law, public order, generally accepted morals and the present Notice;
2. To refrain from any conduct that may damage the image, interests or rights of the Provider or of third parties, or that may disable, overload or impair the normal functioning of the Platform;
3. To provide truthful, accurate, current and complete information upon registration and at any further interaction with the Platform;
4. To preserve the confidentiality of authentication credentials and to bear sole responsibility for any activity carried out under such credentials;
5. To refrain from introducing, storing or disseminating through the Platform any computer programme, virus, malware or any element liable to cause damage to the Provider's information systems or to the systems of third parties.

All intellectual and industrial property rights in respect of the Platform — including without limitation the source code, object code, graphic design, logos, images, photographs, illustrations, videos, audio recordings, animations, layouts, structures, databases, software, brands, trade names and distinctive signs — are the exclusive property of BL PLATFORM S.L. or of the third parties having granted to it the corresponding licences, and are protected under Royal Legislative Decree 1/1996 approving the consolidated text of the Spanish Intellectual Property Law, Law 17/2001 on Trademarks, Directive 2001/29/EC, the Berne Convention and any further applicable national and international instruments.

The reproduction, distribution, public communication, transformation or any other act of exploitation of any element of the Platform — by any means or medium, in whole or in part — without the prior express written authorisation of the Provider is strictly prohibited and shall give rise to the legal responsibilities established by law.

Where the User submits content to the Platform (including reviews, ratings, photographs, comments, business profiles, menu data or any other material), the User:

1. Warrants that the content is original, that the User holds all necessary rights in respect thereof and that its publication on the Platform does not infringe the intellectual property, image, honour, privacy or any other right of any third party;
2. Grants the Provider a worldwide, royalty-free, non-exclusive, transferable and sub-licensable licence to host, reproduce, adapt, translate, communicate to the public and display such content for the strict purpose of operating, promoting and improving the Platform, for the duration of the legal protection of the underlying rights;
3. Acknowledges that the Provider acts as a hosting intermediary within the meaning of Articles 14 to 17 LSSI-CE and Articles 6 to 8 of the Digital Services Act, and may remove or disable access to manifestly illegal content upon obtaining actual knowledge thereof, without thereby assuming a general obligation of monitoring.

The trademarks, trade names and logotypes displayed on the Platform belong to BL PLATFORM S.L. or to their respective proprietors. The use of any such sign without the prior written authorisation of its proprietor is strictly prohibited and may engage the User's civil and criminal liability.

The establishment of a hypertext link from a third-party website to the Platform requires the prior express written authorisation of the Provider and shall, in any event, comply with the following conditions: (i) the link shall point exclusively to the home page or to a public landing page, and shall not reproduce the Platform in whole or in part by way of framing or equivalent technique; (ii) the linking website shall not engage in deceptive practices, shall not contain content contrary to law or to generally accepted morals and shall not present itself as related to, sponsored by or endorsed by the Provider; (iii) the linking website shall not reproduce the Provider's trademarks, logos or any other distinctive sign without prior authorisation.

The Platform may contain hypertext links to third-party websites or content. The Provider acts solely as a hosting intermediary in respect of links submitted by Users and as a technical conduit in respect of links incorporated within editorial content. The Provider does not exercise prior control over the linked content and assumes no responsibility for its accuracy, lawfulness, availability or quality, in accordance with the safe-harbour provisions of Articles 14 to 17 LSSI-CE and Articles 4 to 8 of the Digital Services Act. Where the Provider obtains actual knowledge of manifestly illegal content accessible through a link present on the Platform, it shall act expeditiously to remove or disable access thereto.

The Provider shall not be liable, save in the cases of wilful misconduct or gross negligence expressly attributable to it, and to the maximum extent permitted by mandatory consumer protection law, for:

The User shall indemnify and hold harmless the Provider, its directors, employees, agents and sub-processors against any claim, action, proceeding, loss, damage, cost or expense (including reasonable legal fees) suffered or incurred by any of them and arising out of, or in connection with, (i) the User's breach of this Notice or of any applicable law; (ii) any content submitted by the User to the Platform; or (iii) any third-party claim alleging that the User's content or conduct infringes the rights of such third party.

The Provider shall undertake commercially reasonable efforts to ensure the continuous availability of the Platform. The Provider does not, however, warrant the absence of interruption, delay or error, and reserves the right to suspend access to the Platform for the purpose of maintenance, security patching, infrastructure migration or for any other technical reason, with prior notice where reasonably possible.

The Provider shall not incur any liability in respect of events of force majeure within the meaning of Article 1105 of the Spanish Civil Code, including without limitation natural disasters, acts of public authorities, telecommunications outages, denial-of-service attacks, strikes, epidemics, pandemics or any further event beyond the Provider's reasonable control.

The User shall not engage, attempt to engage or facilitate the engagement of any third party in:

1. The introduction of computer viruses, worms, trojans, ransomware or any other malicious software into the Platform or into the Provider's information systems;
2. The performance of denial-of-service or distributed denial-of-service attacks, port scanning, credential-stuffing, brute-force attacks or any form of unauthorised intrusion;
3. The scraping, harvesting or extraction by automated means of any data made available through the Platform, save with the prior written authorisation of the Provider and in compliance with the technical limits set by the robots exclusion protocol and any further technical instructions;
4. The circumvention or attempted circumvention of any authentication, access-control, rate- limiting or content-protection mechanism;
5. The reverse engineering, decompilation or disassembly of the Platform, save to the strict extent expressly authorised by mandatory provisions of law.

In accordance with the Digital Services Act, the Provider designates the following point of contact for the receipt of orders from competent authorities and for notices of illegal content from any party: dsa-notices@blocalapp.com. Notices shall be drafted in Spanish or in English and shall identify the allegedly illegal content with sufficient precision to enable the Provider to assess it. Manifestly unfounded or abusive notices may be disregarded and may, in the case of repeated submissions, give rise to the suspension of the notifier's access to the notice channel.

Where the User holds the status of consumer within the meaning of Royal Legislative Decree 1/2007, the User is hereby informed that the European Commission maintains an online dispute resolution platform accessible at ec.europa.eu/consumers/odr. The User may, in any event, address any complaint to the Provider at support@blocalapp.com, which the Provider shall examine in good faith.

The Processing of Personal Data carried out by the Provider through the Platform is governed by the Privacy Policy, the Cookie Policy and the GDPR Rights Notice, each of which forms an integral part of the legal framework binding upon the User.

The Provider reserves the right to amend the present Notice at any time. The amended version shall be effective as from the date of its publication on the Platform. Continued use of the Platform following such publication constitutes binding ratification of the amended version. The historical versions of this Notice are archived and may be obtained upon written request to support@blocalapp.com.

If any provision of this Notice is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be construed to give it maximum lawful effect in accordance with the original intent of the Parties. The failure of the Provider to enforce any provision shall not constitute a waiver of its right to enforce that or any other provision at a subsequent time.

This Notice shall be governed by and construed in accordance with the laws of the Kingdom of Spain. Any dispute arising from or in connection with this Notice shall be submitted to the exclusive jurisdiction of the Courts of Barcelona, without prejudice to the User's non-waivable right, where the User holds the status of consumer, to bring proceedings in the courts of their place of residence pursuant to Regulation (EU) 1215/2012 (Brussels I bis) or equivalent local consumer protection statutes.