1. Legal Notice

1.1. TOPii Fide Spain, S.L.U. (the "Company"), is a company incorporated and existing under the laws of the Kingdom of Spain, with its registered office at Calle Velázquez 76, bajo izquierda, 28001, Madrid, Spain, and Spanish Tax Identification Number B-01980382, registered in the Commercial Registry of Madrid, volume 41110, folio 99, page M-728985. Email address: operations@topii.com.

You can find more information about the Company at: https://topii.es

1.2. The Company is an authorized Agent of the electronic money institution Sefide, EDE, S.L.U. (“Sefide”), a company incorporated and existing under the laws of the Kingdom of Spain, with its registered office at Avenida de la Ciencia 2-3º, 18006, Granada, Spain, and Spanish Tax Identification Number B-93205474, registered in the Commercial Registry of Granada, volume 1559, folio 143, page GR-46879. Email address: info@sefide.es.

You can find more information about Sefide at: https://sefide.com/

Sefide is licensed by the Bank of Spain (Entity Code No. 6705) and operates under its supervision.

1.3. The Company is an authorized Agent of the payment institution MoneyGram International, S.A. (“MoneyGram”), a company incorporated and existing under the laws of Belgium, with its registered office at Rue Joseph Stevens 7, 1100, Brussels (Belgium).

You can find more information about MoneyGram at: https://www.moneygram.com

MoneyGram is authorized by the National Bank of Belgium (Entity Code No. 0671.690.653) and operates under its supervision.

1.4. The Company holds all corresponding licenses for the "TOPii" mobile application, as well as for the "TOPii Space" that may be available at any given time in various third-party applications. The term "Application" as used in these Terms and Conditions shall refer to both the TOPii mobile application and the TOPii Space that may be available at any time in any third-party applications. The User's use of such third-party applications, if any, shall be governed by their own terms and conditions, without prejudice to the fact that the use of the TOPii Space included in said third-party applications shall be governed by these Terms and Conditions.

1.5. The Company holds all relevant third-party authorizations and agreements to operate the Application. The Company provides the payment transaction execution services contained in the Application, as the case may be: (i) either as an authorized agent of Sefide and on behalf of Sefide for services for which Sefide is authorized, or (ii) as an authorized agent of MoneyGram and on behalf of MoneyGram for services for which MoneyGram is authorized.

1.6. To use the Payment, Cashout, and Money Transfer Services offered by the Application, the User must have an electronic money account opened with Sefide, where the electronic money issued by Sefide will be stored, and which will be governed by its own terms and conditions.

2. Purpose of these Terms and Conditions

2.1. These terms and conditions (the "Terms and Conditions"), together with the Sefide Electronic Money Account Opening Agreement (the "Electronic Money Account Agreement," which is governed by its own terms and conditions and available at Sefide's Agreement) and the General Terms and Conditions of the MoneyGram Money Transfer Service (the "Money Transfer Terms," which are governed by their own terms and conditions and available at MoneyGram's Terms), govern the download and use of the Application by the User, through any compatible device such as a smartphone (the "Device(s)"), which must have a minimum version of Android 11 or iOS 16, and an Internet connection.

2.2. For the purposes of these Terms and Conditions, "User" means any natural person who downloads the Application.

2.3. The Application provides the User with the ability to access and use the following services (collectively, the "Services"):

1. The opening of an electronic money account with Sefide (the "Electronic Money Account"), where the electronic money issued by Sefide will be stored, and which will be governed by the Electronic Account Agreement with Sefide.
2. The purchase/payment of products and/or services at affiliated establishments located in Spain with which the Company has corresponding partnership agreements at any given time (the "Establishments") (the "Payment Service").
3. Cash withdrawal at the Establishments, linked to the payment of a purchase via the Payment Service (the "Cashout Service").
4. The sending of money from the User's Electronic Money Account to a person designated as the recipient (the "Recipient"), who may collect it in cash at a MoneyGram location or receive it in their bank account or any other type of account (the "Money Transfer Service"), which shall be governed by the MoneyGram Money Transfer Terms.
5. The "Incentive Program," as regulated at the end of these Terms and Conditions.

2.4. The User can view the list of Establishments where the Payment Service and Cashout Service are available within the Application itself. The affiliated Establishments may be subject to change at any time. The non-acceptance of any of the Services and/or the Application at any Establishment shall not entitle the User to claim any compensation from the Company.

2.5. The User can view the destination countries for money transfers made through the Money Transfer Service within the Application at the time of initiating the transfer request. The permitted destination countries may be subject to change at any time, and this will not entitle the User to claim any compensation from the Company or MoneyGram.

3. Voluntary Registration in the Application

3.1. Registration in the Application is voluntary.

3.2. By registering, the User declares to be aware of the following legal texts and is bound by them as if they were accepted by handwritten signature:

1. These Terms and Conditions (including the Privacy Policy, which is an integral part thereof), and
2. Where applicable, the Electronic Money Account Agreement with Sefide (and its corresponding personal data processing policy, which is an integral part thereof).
3. Where applicable, the Money Transfer Terms with MoneyGram (and its corresponding personal data processing policy, which is an integral part thereof).

3.3. When the User registers in the Application, a personal User profile will be automatically created in the Application linked to the information entered by the User (the "Profile") and, if applicable, they will become the holder of an Electronic Money Account with Sefide, from which payment transactions related to the Services offered by the Application will be carried out. The User may only have a single Profile even if they use multiple Applications.

3.4. Therefore, before registering in the Application, the User is recommended to carefully read these Terms and Conditions, as well as the Electronic Money Account Agreement with Sefide and the Money Transfer Terms with MoneyGram. If the User does not agree with any of the above, they should not register in the Application.

3.5. Likewise, the User is recommended to periodically read these Terms and Conditions, the Electronic Money Account Agreement with Sefide, and the Money Transfer Terms, as they, as well as the contents and Services of the Application and the Establishments where the Services are available, may be subject to change.

4. Application Download

4.1. The Application can be downloaded from the Apple Store, Google Play, and Huawei Store (depending on the operating system of the Device).

4.2. The User is responsible for checking if their Device is compatible with the Application and for the configuration of the Device. The User will assume any damage or loss, including loss of information, that the use of the Application, including its download and installation, may cause to the User's Device.

4.3. The User is also responsible for ensuring their Device is connected to the Internet for the purpose of downloading and using the Application, as well as for the cost of Internet access.

5. Charges and Fees. Transaction Currency and Currency Exchange

5.1. Charges and Fees

5.1.1. Without prejudice to the costs of Internet access and connection, which in any case are not dependent on the Company, downloading the Application, as well as registering in it, are free of charge. The Company reserves the right to charge for downloading the Application and/or registering in it in the future, which will be previously notified to the User in accordance with applicable regulations.

5.1.2. The use of the Services is subject to the payment of fees and charges, which can be consulted within the Application in the economic conditions menu.

5.1.3. The foregoing should be understood without prejudice to:

1. The commercial transaction between the User and the Establishment, as well as the cash withdrawal, carried out through the Services provided by the Application, being remunerated.
2. Other fees and charges that may be established in the terms and conditions of the Electronic Money Account Agreement with Sefide (as agreed between the User and Sefide upon accepting the Electronic Money Account Agreement with Sefide through registration in the Application) in relation to the creation and operation of the Electronic Money Account.
3. Other fees and charges that may be established in the terms and conditions of the Money Transfer Terms with MoneyGram (as agreed between the User and MoneyGram upon accepting the Money Transfer Terms with MoneyGram through registration in the Application) in relation to the Money Transfer Service.
4. The issuing entity of the User's credit cards or bank accounts (the "Payment Method(s)") linked by the User to their Profile and/or their Electronic Money Account in the Application, may apply any fees, charges, expenses, interest, or other costs for such linking and/or use of the Payment Methods, including their use through the Application (as agreed between the User and the issuing entity of the Payment Method).
5. The entities where the Recipient of the money transfer receives the payment may apply any fees, charges, expenses, interest, or other costs for the receipt of the payment in the Recipient's account.
6. The obligation of payment, if any, by the User and/or the Recipient of the money transfer, of any taxes, duties, or levies that may be applicable in relation to the use of the Services.

5.2. Transaction Currency and Currency Exchange

5.2.1. All payment transactions carried out based on the Payment Service and the Cashout Service will be made in euros.

5.2.2. In relation to payment transactions carried out based on the Money Transfer Service, the payment by the User will be made in euros. The User should be aware that the payment is normally received by the Recipient in the local currency of the destination country, although it will depend on the available currencies in the destination country (which can be selected by the User through the Application when requesting the money transfer). MoneyGram will apply, where appropriate, the exchange rates, in accordance with the provisions of the Money Transfer Terms, which will be shown to the User before authorizing the money transfer in the Application.

6. Registration in the Application

6.1. General aspects of registration in the Application

6.1.1. To be able to use the Application and access the Services offered through it, the User must first register in the Application. To do this, the User must: (i) enter the identification information required by the Application, (ii) accept these Terms and Conditions (including the Privacy Policy, which is an integral part of the Terms and Conditions), (iii) if they wish to use the Payment, Cashout, and Money Transfer Services, accept (respectively) the Electronic Money Account Agreement with Sefide and its corresponding personal data processing policy (which can be consulted in our Privacy Policy section) and the Money Transfer Terms with MoneyGram and its corresponding personal data processing policy (which can be consulted in our Privacy Policy section).

6.1.2. When the User registers in the Application:

1. Their personal User profile will be created in the Application linked to the information entered by the User (the "Profile"), and
2. If applicable, they will automatically become the holder of an Electronic Money Account opened with Sefide, which will be governed by the Electronic Money Account Agreement with Sefide, and they will become a user of the MoneyGram Money Transfer Service.

6.1.3. The User may only have a single Profile (which will be linked to a single phone number) and a single Electronic Money Account with Sefide linked to their Profile (without prejudice to the ability to link other Payment Methods to their Profile and/or their Electronic Money Account). The User will be the only person authorized to use their Profile and their Electronic Money Account with Sefide.

6.1.4. The User is not entitled to register on behalf of any natural person other than the User themselves, nor may they provide information of any other natural person other than the User, or use any image for which they do not have the corresponding right of use.

6.1.5. In addition, the User may not provide any information that contains rude words, expressions, names, or images or that are contrary to the law, morality, or public order.

6.1.6. The information entered by the User in the Application must be true, accurate, and current. The User must ensure not to enter erroneous, false, or inaccurate information, and if the User detects errors or inaccuracies, or in case of changes to previously entered information, they must modify and update it immediately through the Application.

6.1.7. The User shall be responsible for, and shall hold the Company and any third party (including Sefide, MoneyGram, and the Establishments) harmless from, any liability, damage, penalty, surcharge, or loss that may arise from the User entering any information into the Application in contravention of the provisions of these Terms and Conditions, the Sefide Electronic Money Account Agreement, and/or the MoneyGram Money Transfer Terms.

6.1.8. Without prejudice to the foregoing, the Company shall be entitled to authenticate and verify the information provided by the User, to make inquiries to third parties about the User, and to request from the User any other information that may be necessary for such authentication and verification.

6.1.9. The Company may, at its sole discretion and at any time, without the User having any right to compensation, deny the User's registration, as well as restrict access, deactivate, suspend, or delete the User's Profile temporarily or permanently, in the event that:

1. The User does not pass the checks on the User's information required by the Company, or that the Company has carried out on its own account regarding the User,
2. The Company detects any error, inaccuracy, or falsehood in any information entered by the User for their registration in the Application, or
3. The Company detects that the information entered is rude or contrary to the law, morality, or public order.

The Company shall not be obliged to disclose the reasons for this to the User, unless legally required, in which case the Company will notify the User in advance and, if this is not possible, immediately afterwards. In no case will the reasons be communicated to the User if the communication of such information is compromised for objectively justified security reasons or is contrary to any regulatory provision. The restriction of access, deactivation, suspension, or deletion of the User's Profile, temporarily or permanently, will have the same effect on the User's Electronic Money Account with Sefide (and vice versa). The foregoing shall be without prejudice to the actions that Sefide, in accordance with the Electronic Money Account Agreement, may take in relation to the Electronic Money Account, as well as without prejudice to the actions that MoneyGram, in accordance with the Money Transfer Terms, may take in relation to the Money Transfer Service.

6.2. Requirements for the User to register in the Application

6.2.1. For the User to be able to register in the Application, the User must meet the following requirements (without prejudice to any other established in these Terms and Conditions, in the Electronic Money Account Agreement, and/or in the Money Transfer Terms). If the User does not meet them, in whole or in part, they should not register in the Application.

6.2.2. By registering in the Application, the User expressly acknowledges and guarantees:

1. That they are a natural person, acting as a consumer and user.
2. That they are at least 18 years of age, or of legal age in the User's country or place of residence, or if legally incapacitated, that they have the consent of their parents, guardians, or legal representatives for the use of the Application.
3. That: (i) they have their permanent residence in Spain; or, alternatively, they are contracting from Spain as a temporary resident, but do not act under the jurisdictions of other States that require compliance with different requirements for the provision, disclosure, or advertising of financial services and/or products; (ii) their domicile is not located in any of the countries subject to an embargo by the United States or considered by the United States as a terrorism-supporting entity; and (iii) they are not on any list of prohibited entities of the United States.
4. That they accept and acknowledge, in advance and expressly, without any limitation, the entire content of these Terms and Conditions and the privacy policy for the processing of personal data related to the Services (the "Privacy Policy"), which can be consulted here: www.topii.es/politicas-de-privacidad.html.
5. If the User registers for the use of the Payment, Cashout, and Money Transfer Services, that they accept and acknowledge, in advance and expressly, without any limitation, respectively: (i) the entire content of the Electronic Money Account Agreement with Sefide, including its privacy policy for the processing of personal data, which can be consulted here: https://sefide.com/politica-de-privacidad/; and (ii) the entire content of the Money Transfer Terms with MoneyGram, including its privacy policy for the processing of personal data, which can be consulted here: https://www.moneygram.com/intl/privacy-notice.
6. That the mobile phone number associated with their Profile is a number owned by the User, which they have the right to use (or the User is fully authorized to use it by the owner of the phone number), and which is under the User's control, linked to the Device (i.e., whose SIM card or equivalent is installed in the Device) and in working order; and that it will remain so at all times while the mobile phone number is associated with their Profile.
7. If the User registers for the use of the Payment, Cashout, and Money Transfer Services, that the credit cards or bank accounts linked to their Profile and/or their Electronic Money Account (the "Payment Method(s)"), are their own, valid, current, and under the User's control, and that they have the right to use them in general and, specifically, for the use of the Services. Later in these Terms and Conditions, the types of Payment Methods accepted in the Application are indicated.
8. That they are not included in lists of sanctioned parties or similar, nor subject to restrictions imposed by embargoes.

6.2.3. The Company shall not be liable for the registration of a User who does not comply (in whole or in part) with any of the requirements established above, nor for the actions that said User may carry out using the Application, and especially, but not limited to, the actions of any minor or legally incapacitated person, nor for the use by the User of any Payment Method that is not their own, is not valid and/or is not current, or any other fraudulent use of the Payment Methods. The User shall be liable for, and shall hold the Company and any third party (including the Establishments) harmless from, any liability, damage, penalty, surcharge, or loss that may arise from the foregoing circumstances.

6.3. Application Registration Process

6.3.1. By registering in the Application, the User must enter the identification information required by the Application, and accept these Terms and Conditions (including the Privacy Policy) and, where applicable, the Electronic Money Account Agreement with Sefide (including its personal data processing policy) and the Money Transfer Terms (including its personal data processing policy).

6.3.2. The User may also, if they wish, give permission for the following processing of their personal data:

• If they wish for the provision of the different services offered by the Application to be personalized according to their geographical position (geolocation permissions).
• If they allow the processing of biometric data for the training of the facial verification algorithm and security of the Application.
• If they allow the sending of commercial communications, from the Company and third parties, personalized based on the User's profile.

6.3.3. Subsequently, the User will receive an SMS with a one-time use code to the mobile phone number indicated during registration, in order to verify the provided mobile phone number and activate the Profile and (if applicable) the Electronic Money Account. If the User does not verify the mobile phone number, the registration cannot be completed (and the User must start the registration process again if they wish to register).

6.3.4. The User must enter all the identification data required by the Application to be able to register, and follow the process requested by the Application to identify themselves. The different registration screens of the Application will indicate which data is optional and which is mandatory to register.

6.3.5. The User will need a six-digit numerical password (the "Password") to register. The User will have the option to choose and indicate their own Password, as well as to configure the Application in such a way that the numerical Password can be replaced by other alternative means of authorization (fingerprint recognition, facial recognition).

6.3.6. The User will choose, use, and maintain their Password (as well as any information provided by the Company in case they forget their Password to recover access to the User's account) confidentially, making diligent and lawful use of them, without making them available to third parties. In this regard, the provisions of the "Security rules and Profile blocking" clause of these Terms and Conditions shall apply.

6.3.7. If the User registers for the use of the Payment, Cashout, and Money Transfer Services, once the Profile and the Electronic Money Account have been created, the User may link one or more Payment Methods to them for the use of the Services. The User may be required, to link each Payment Method, to perform strong authentication, as established at any time by the issuing entity of the Payment Methods in accordance with applicable regulations.

7. Accepted Payment Methods in the Application

7.1. The payment methods accepted in the Application for the use of the Payment, Cashout, and Money Transfer Services are credit or debit cards issued or opened in the User's name by a credit institution operating in the European Union, over which the User has the power of disposal, and in euros.

7.2. To verify that the associated Payment Methods are authentic, the Company may carry out a validation operation, consisting of a small charge on the relevant Payment Method, which will be refunded in accordance with the refund procedures established by the issuing entity of the Payment Method.

7.3. In any case, the User may only use Payment Methods that they own, are valid, current, and under the User's control, and that they have the right to use in general and, specifically, for the use of the Services.

8. Procedure for Using the Payment, Cashout, and Money Transfer Services

8.1. Request and Authorization of the Payment Order by the User

8.1.1. To use the Payment, Cashout, and Money Transfer Services, the User must have logged into their Profile in the Application and made a prior request through the Application to use said Services, in which they must indicate their wish to use them. In the case of the Cashout Service, they must also specify the exact amount of cash they wish to withdraw. In the case of the Money Transfer Service, they must also specify the details of the Recipient of the money transfer (who must meet the requirements described below), the delivery option, the selected currency for receiving the money, and the exact amount of money they wish to send (as well as any other data that may be required by the Application at that time).

8.1.2. The Establishment where the User intends to use the Payment and Cashout Services may request proof of the User's age as many times as it deems appropriate.

8.1.3. In the event that the Payment Methods allow their holder to carry out transactions without the need for strong authentication (for example, due to a legal exemption), or other authentication methods (such as contactless technology or similar), it will not be necessary to use any other additional authentication method up to the limit and under the conditions established at any time by the issuing entity of the Payment Method. Otherwise, according to the criteria established by the issuing entity of the Payment Method, the User may be required for any transaction to perform strong authentication, as established at any time by the issuing entity of the Payment Methods in accordance with applicable regulations, for which the User may have to carry out a second 3D Secure (3DS) verification on the website or application of the Payment Method issuer. With the confirmation of strong authentication, the payment order is completed and sent through the Application to the Company.

8.1.4. The entry of the User's Password and credentials, validation through strong authentication, selection of checkboxes or pressing of icons with the terms "ok", "accept", "confirm" or similar, or bringing the Device close to the Establishment's point-of-sale terminals or other payment equipment, will be considered the User's contractual signature, equivalent to a handwritten signature with full legal effect, and will serve as proof of the transaction.

8.2. Receipt and Irrevocability of the Payment Order

8.2.1. The payment order authorized as described in the preceding clauses is considered received immediately by the Company and cannot be canceled, being irrevocable by the User from the moment the Company receives it (without prejudice to the validity period of the code for using, where applicable, the Payment and Cashout Services in the Establishments, which may expire as indicated below; and also without prejudice to the fact that the money transfer made based on the Money Transfer Service may expire in case of non-collection, as explained below), the User expressly authorizing the charge of the corresponding amount of the payment transaction, including taxes, fees, and applicable commissions with said authorization, to the payment instrument selected by the User. If the charge of the amount fails, we will be authorized to attempt the charge one or more times, on the same payment instrument.

8.2.2. In the event that the User sends a payment order to the Company that contains errors, discrepancies, repetitions, or contradictions, the Company may execute it according to the data provided by the User in the payment order or refuse to execute it, regardless of the nature of the error, discrepancy, repetition, or contradiction. In any case, neither the Company, nor Sefide, nor MoneyGram, nor the Establishment shall assume any liability for errors, discrepancies, repetitions, or contradictions in the payment orders sent by the User, regardless of whether it is executed or not as established in this clause.

8.3. Validation and Charging of the Transaction

8.3.1. With said authorization, in the case of using the Payment and Cashout Services at Establishments, the Application will generate a code, which will have a maximum validity period, that will identify the User and the Device from which the transaction is being made through the Application. The code generated by the Application will be scanned by the Establishment's point-of-sale terminal, or manually entered otherwise, or recognized by the system that each Establishment has for this purpose. The payment of the purchase through the Payment Service and the delivery/withdrawal of cash through the Cashout Service will occur once the Company has validated the transaction at the Establishment after scanning or entering the generated code. The Establishment may not make the cash available to the User (in the case of the Cashout Service) or consider the purchase paid (in the case of the Payment Service) until the Company validates the transaction.

8.3.2. With said authorization, in the case of using the Money Transfer Service, the application will generate a reference number that the Recipient will need (along with the corresponding identification documentation, as described below) to collect the money. The transaction cannot be considered authorized until the reference number has been provided.

8.3.3. The use of the Payment, Cashout, and Money Transfer Services is subject to the Payment Methods and/or the Electronic Money Account (depending on where the payment transaction is funded from) not being canceled or blocked, and having sufficient balance to carry out the corresponding transaction. If the Payment Method and/or the Electronic Money Account is canceled or blocked, has no balance, or it is not sufficient for the full execution of the transaction, the transaction will not be validated, and the Company will not be obliged to execute it, leaving the Company, the Establishment, Sefide, and MoneyGram (as the case may be), exempt from all liability for any damages that may arise from the non-performance of the transaction.

8.3.4. Therefore, the Company will validate the transaction if the User has sufficient available funds, and will proceed to charge the User the amount of the transaction (the payment for the purchase and, if applicable, the amount of cash withdrawn, or the amount of the transfer or money transfer), to the Payment Method or the Electronic Money Account, as designated by the User. It is expressly stated that payments for the Money Transfer Service can only be funded from the User's Electronic Money Account.

8.3.5. The User authorizes and accepts the charge of the transaction (including applicable taxes, fees, and charges) to the designated Payment Method or Electronic Money Account, in accordance with these Terms and Conditions, regardless of whether it was authorized by the User or any third party with access to their Device, Application, Electronic Money Account, and/or Payment Methods (without prejudice to the application of the liability exemption cases provided for in these Terms and Conditions).

8.3.6. The value date of the charge to the Payment Method or the Electronic Money Account cannot be earlier than the moment the amount of the payment transaction is charged.

8.3.7. Once the transaction is validated by the Company, in the case of the Payment and Cashout Services, the Establishment's cashier staff will, as appropriate, deliver the requested cash to the User, and/or a receipt indicating the amount of the purchase and the cash delivered.

8.3.8. Once the Money Transfer Service transaction is validated by the Company, MoneyGram will send the money to the Recipient, to the account specified by the User in the Application, in accordance with the timelines and other conditions contained in the MoneyGram Money Transfer Terms, which will depend (among others) on the selected delivery option, the availability of the option, and the specific characteristics of the Money Transfer. The User must notify the Recipient that the transfer has been made and is ready for collection. Likewise, the User is obliged to ensure that the information provided about the Recipient and the reference number of the money transfer transaction are not disclosed to any third party or made public (except to the designated Recipient themselves), and will hold the Company and MoneyGram harmless in the event that such information becomes known to any third party other than the Recipient. The Recipient must identify themselves, in the case of cash pickup, to the MoneyGram staff responsible for delivering the money to the Recipient, providing the details of the money transfer (such as the identity of the User ordering the transfer, the transaction reference number, the transaction's place of origin, the transaction amount, and the Recipient's own identification). Identification requirements may differ by country, and MoneyGram staff may request a proof of identity from the User as many times as they deem appropriate. In no event will the Company, MoneyGram, or MoneyGram's staff be liable in case of delivery of the money to someone (other than the Recipient) who has provided the MoneyGram staff with the details of the money transfer to the Recipient and what the MoneyGram staff reasonably believes to be valid evidence of the Recipient's identification.

8.4. Additional Requirements for the Recipient

The information entered by the User in the Application regarding the Recipient must be true, accurate, and current, and may not contravene the provisions of these Terms and Conditions, the Sefide Electronic Money Account Agreement, and/or the MoneyGram Money Transfer Terms. The User must ensure that the Recipient meets the requirements set forth in these Terms and Conditions, the Sefide Electronic Money Account Agreement, and/or the MoneyGram Money Transfer Terms to be a "Recipient" for the purposes of the Money Transfer Service. Without prejudice to the foregoing, the Company and/or MoneyGram shall have the right to authenticate and verify the information provided by the User about the Recipient, make inquiries to third parties about the Recipient, and request any other information from the User that may be necessary for such authentication and verification. The User shall be solely responsible for ensuring that the Recipient complies with the provisions of these Terms and Conditions, the Sefide Electronic Money Account Agreement, and/or the MoneyGram Money Transfer Terms, and shall hold the Company, MoneyGram, and any third party harmless from any liability, damage, penalty, surcharge, or loss that may arise from the total or partial breach of the foregoing.

8.5. Blocking or Denial of Execution of any Payment Order

8.5.1. The Company reserves the right to block or deny the execution of any payment order in case of suspicion, for objectively justified reasons, of irregular, unauthorized, fraudulent, illicit, or any other use of the Payment, Cashout, and Money Transfer Services contrary to these Terms and Conditions (as well as to the Sefide Electronic Money Account Agreement and/or the MoneyGram Money Transfer Terms), as well as in the event that the Company requires additional checks and verifications in relation to a transaction, which would prevent its immediate execution. Without prejudice to the foregoing, the execution of the payment order may also be delayed if the Company requires such additional checks and verifications in relation to a transaction, which would prevent its immediate execution.

8.5.2. The Company shall not be obliged to disclose the reasons for this to the User, unless legally required, in which case the Company will notify the User before the block or denial, indicating the procedure to rectify any factual errors that may have caused it; if this is not possible, the Company will notify immediately after. However, in no case will the reasons be communicated to the User if the communication of such information would be compromised for objectively justified security reasons or would be contrary to any regulatory provision.

8.5.3. The Company, Sefide, MoneyGram, and the Establishment shall be exempt from any liability for damages that may arise from the non-performance of the transaction in these cases.

8.6. Information on Transactions. Exchanges and Returns

8.6.1. If the User wishes to obtain an invoice for the purchase of products or services through the Payment Service, they must request it at the Establishment where the transaction was made.

8.6.2. The Company, at the User's request, may provide a receipt for the purchase of products or services made through the Payment Service within a reasonable time.

8.6.3. Without prejudice to the foregoing, the User may consult, at any time and free of charge, information about their transaction history and each specific transaction made through the Application itself.

8.6.4. For any verification, exchange, or return of products or services purchased through the Payment Service that may be applicable, in accordance with the policy of each Establishment, the User must present the purchase receipt issued by the Establishment. If applicable, the amount will be refunded in the same way the purchase was paid for.

8.6.5. Under no circumstances will cash withdrawn based on the Cashout Service be refunded.

8.6.6. Money transfers authorized by the User using the Money Transfer Service may be canceled by the User, through the Application by requesting support, if the Recipient has not yet received it in their account or has not yet collected it. In this case, neither the Company nor MoneyGram will refund the User the fees, costs, charges, and other expenses applicable to the corresponding transaction, but only the transfer amount.

8.7. Expiration of Money Transfers

8.7.1. Money transfers made based on the Money Transfer Service will be considered expired in case of non-collection, in accordance with the deadlines established for this in the MoneyGram Money Transfer Terms.

8.7.2. Once the transfer has expired, MoneyGram will not be entitled to deliver the money, and the Company or MoneyGram will try to contact the User so that the User can obtain a refund of the undelivered amount. In no case will this refund include the return to the User of the fees, costs, charges, and other expenses applicable to the corresponding transaction, but only the transfer amount. Refunds will be made in euros, and to the same payment instrument used to make the money transfer.

9. Limits on Services

The provisions of this clause shall be understood without prejudice to the provisions of any other part of these Terms and Conditions, the Sefide Electronic Money Account Agreement, and/or the MoneyGram Money Transfer Terms.

9.1. Cashout Service Limits

9.1.1. The Cashout Service is subject to the following limits, which may be modified at any time by the Company, with prior notice to Users:

1. Cash withdrawal at Establishments can only be made if it is linked to a purchase paid for via the Payment Service immediately after the cash withdrawal at the same Establishment.
2. Cash withdrawals will have minimum and maximum limits per transaction that can be consulted in the Application (in the economic conditions section), and must be made in multiples of 10 euros.
3. The maximum amount of cash withdrawals per User (counting cash withdrawals made at any Establishment) during each calendar month will be the amount that can be consulted in the Application (in the economic conditions section).
4. The Establishment will prioritize the delivery of cash in banknotes and, if not possible, in fractional coins of a value not less than one (1) euro, although it may deliver smaller coins depending on availability.
5. In any case, cash withdrawal will be subject to the availability of the Establishment.

9.1.2. The User expressly waives any claim for damages against the Company, Sefide, the Establishment, and any third party, that the lack of cash availability at the Establishment and, therefore, the impossibility of using the Cashout Service, may cause.

9.2. Money Transfer Service Limits

9.2.1. The maximum amount of money that can be sent through the Money Transfer Service (both per individual transfer and in aggregate), as well as the maximum number of daily, weekly, or other periodic money transfers, may be subject to the limits that MoneyGram may communicate at any time through the Money Transfer Terms, and/or to those limits that may be displayed in the Application at any time.

9.2.2. The User should only use the Money Transfer Service to send money to friends and family and should refrain from sending money to strangers. The User must ensure that the Recipient does not receive any payment based on the Money Transfer Service, indirectly, on behalf of, or in substitution of any other person. The Recipient and the User cannot be the same person. Under no circumstances may Recipients be included on lists of sanctioned parties or similar, or be subject to restrictions imposed by embargoes, or send money to non-cooperative jurisdictions.

9.2.3. The User may not make a Money Transfer, nor may Recipients use the Money Transfer Service:

1. For and/or in connection with any type of illegal, fraudulent, or activity contrary to law, morality, and generally accepted good customs by public order.
2. For the User to provide themselves with a cash advance from their credit card (and/or to help others, directly or indirectly, to do so).
3. For any other use that may be displayed in the Application at any time as prohibited or not permitted.

9.2.4. If transfers to India are permitted in the Application, if the User wishes to send money to a Recipient in India, the User is expressly informed that the Company and MoneyGram process transactions to India in accordance with the Rupee Drawing Arrangements ("RDA") established by the Reserve Bank of India. A money transfer to a Recipient in India can never be for commercial purposes or for contributions to charitable organizations.

10. Relationship with Third Parties

10.1. The User expressly acknowledges and agrees that: (i) purchases paid for through the Payment Service are transactions carried out directly between the Establishment and the User; (ii) the Company is not responsible for incidents that arise between the Establishment and the User in connection with the purchase or the products and/or services acquired; and (iii) the Company does not act as a buyer or seller in these transactions.

10.2. The Company assumes no liability in relation to incidents that may arise between the User and the Recipient of the money transfer. If the Money Transfer Service is used by the User as a consumer, the User expressly acknowledges and agrees that: (i) they are using the Money Transfer Service at their own risk; (ii) purchases paid for through the Money Transfer Service are transactions carried out directly between the User and the Recipient; (iii) the Company is not responsible for incidents that arise between the User and the Recipient in connection with the purchase or the products and/or services acquired; and (iv) the Company does not act as a buyer or seller in these transactions.

10.3. Likewise, the Company shall be exempt from liability for incidents between the User and the issuing entity of the Payment Methods.

10.4. The Company assumes no liability for Sefide's compliance with its obligations in accordance with the provisions of the Electronic Money Account Agreement, nor for MoneyGram's compliance with its obligations in accordance with the provisions of the Money Transfer Terms.

10.5. The Company assumes no liability in relation to the use, content, and operation of third-party applications in which the TOPii Space may be integrated, except exclusively in relation to the TOPii Space and the Services offered in the TOPii Space in accordance with these Terms and Conditions. In particular, but not limited to, it shall not be liable for any damage or loss that may be caused to the User arising from the use of the TOPii Space or the Services, when such damage or loss is directly or indirectly due to an act or omission of the third-party owners of such applications.

11. Modification of User Information

11.1. If the User switches to a new Device (compatible with the Application), and provided they maintain the same mobile phone number previously associated with their Profile on the new Device, the User may keep their Profile and recover their associated information on the new Device (including that related to the Electronic Money Account), by downloading the Application on the new Device and following the instructions of the recovery process.

11.2. The User may change their Profile information, as well as add and remove their Payment Methods, and modify their phone number, through the corresponding section of the Application and by following the instructions of the process indicated by the Application. The User who is registered for the use of the Payment, Cashout, and Money Transfer Services must always have at least one Payment Method linked to their Profile at all times (as well as the Electronic Money Account with Sefide, which is necessary for the use of the Services).

11.3. To carry out the information modifications, Users may be required to validate the corresponding modification using their verification code, which they will receive at that moment via SMS to the phone number associated with the User's Profile.

11.4. If the User forgets their Application Password, they can recover it through the Application. To change or recover said Password, the Company will ask the User for their verification code, which they will receive at that moment in their email.

12. Security Rules and Profile Blocking

12.1. Security Rules to be Followed by the User

12.1.1. It is absolutely essential to respect the following security rules in order to use the Services without risk. The Company, Sefide, MoneyGram, and the Establishments shall be exempt from any kind of liability that may arise from damages caused or suffered by the User's failure to observe these rules.

12.1.2. The User is obliged to safeguard their Device, Device security keys, their Application Profile Password, bank and/or electronic card, its validity period and code, bank and/or electronic account, any other security key for the use of the Application, the Electronic Money Account and/or the Payment Methods, and the codes or reference numbers generated for the use of the Services (to make the payment and/or cash withdrawal and for the collection of money by the Recipient), for the purpose of maintaining their confidentiality and preventing their unauthorized use.

12.1.3. For this, the User must (but not limited to):

• Always set a lock password for the Device;
• Always keep their Device in a safe place, out of sight of others when not needed;
• Not use the Services when they know or suspect the situation is not secure (e.g., public or unpassword-protected Wi-Fi networks);
• When using the Device, stay alert, not get distracted or accept help from anyone when entering passwords and keys, and position the Device so that no one can see the screen when using the Application;
• Not give the Device to anyone, and remove the Application from the Device if it is given to a third party for repair or for any other reason;
• Choose Passwords, access keys, and any other security key required for the use of the Device, the Application, the Services, and the Payment Methods that are not easy to guess; not write them down anywhere, nor reveal or show them to anyone (not even to employees of the Company or the Establishment, family or friends, business representatives, or employees of their financial institution or payment service provider);
• Not give anyone the codes generated by the Application once the use of the Services has been requested;
• Use antivirus software on their Device from reputable manufacturers;
• Always update and use the latest version of the Application;
• Not root the Device, as this makes it more vulnerable to malicious programs and could compromise the security of operations carried out through the Application.

12.1.4. In the event that the User is aware or suspects that said confidentiality has been compromised, as well as in the case of loss, theft, or misuse of the Device, the Application, the Electronic Money Account, or the Payment Methods, or if any incident or failure occurs that could compromise security, the User must change their Password or security keys and/or notify the Company and request the blocking of their account as soon as they become aware of it, without undue delay and, in any case, within 24 hours of becoming aware of it.

12.1.5. The User must provide the Company with a copy of the corresponding police report, if so required by the Company, and cooperate with the Company to help investigate any illegal actions related to the User's Profile.

12.1.6. The User may also request the Company to unblock their Profile, at the User's own responsibility, who will release and hold the Company harmless from all liability for it. The unblocking will be done by the Company free of charge.

12.1.7. For the purposes established in this clause, the User may contact the Company through the following channels: ·operations@topii.com.

12.1.8. If the Company considers that there are objectively justified reasons where the User's behavior is indicative of fraudulent, illicit, or illegitimate irregular activity of the Services, the Application, the Electronic Money Account, or the Payment Methods, the Company may report it to the relevant national authority, in the terms established in current legislation.

12.1.9. The foregoing shall be without prejudice to the User's obligations to report any detected incident to the competent authorities, Sefide, MoneyGram, the banking entities issuing the Payment Methods, and/or their telecommunications provider, according to applicable law and, where applicable, the terms and conditions signed by the User with the corresponding counterparty (including, but not limited to, the Electronic Money Account Agreement with Sefide and the MoneyGram Money Transfer Terms).

12.2. Profile Blocking by the Company

12.2.1. The Company reserves the right to block, keep blocked, and deny the unblocking of the User's Profile for objectively justified reasons, such as security incidents, suspicions of fraudulent, illegal, illicit, illegitimate use or any other form contrary to these Terms and Conditions, to comply with current legislation, etc. The Company shall not be obliged to disclose the reasons for this to the User, unless legally required, in which case the Company will notify the User before the block or denial and, if not possible, immediately after. However, the reasons will not be communicated to the User if the communication of such information would be compromised for objectively justified security reasons or would be contrary to any regulatory provision. The Company will contact the User in case of suspected fraud, actual fraud, or security threat, via email or phone.

12.2.2. Blocked Profiles may be unblocked by the Company when the reasons for the block no longer exist.

12.2.3. The blocking of the User's Profile, temporarily or permanently, will have the same effect (if applicable) for the User's Electronic Money Account with Sefide (and vice versa).

12.2.4. The foregoing shall be without prejudice to the actions that Sefide, in accordance with the Electronic Money Account Agreement, may take in relation to the Electronic Money Account, as well as the actions that MoneyGram, in accordance with the Money Transfer Terms, may take in relation to the Money Transfer Service.

13. Use of the Application by the User

13.1. By downloading and registering in the Application, the Company grants the User a limited, temporary, non-exclusive, personal, non-sublicensable, revocable, and non-transferable license to access and use the Application solely in accordance with the Terms and Conditions and exclusively for the use of the Services. The use of the Application for any other purpose not permitted in these Terms and Conditions is prohibited and will be considered a violation of the intellectual and industrial property rights of the Company and of these Terms and Conditions.

13.2. The access, navigation, and use of the Application are the responsibility of the User, so the User undertakes to comply diligently, faithfully, and lawfully with the Terms and Conditions, applicable law, and any additional instructions provided by the Company or its authorized personnel, in relation to the use of the Application and its content, the Payment Methods, the Electronic Money Account, and the Services.

13.3. In particular, by way of example but not limitation, the User undertakes to refrain from:

1. Ordering any payment, using the Services, the Electronic Money Account, the Application, its contents, and any type of information obtained from or through the Application, for purposes contrary to the law (including, by way of example but not limitation, legislation against tax fraud, money laundering, and terrorist financing), morality, and generally accepted good customs by public order, or in any other way contravening the Terms and Conditions, the Electronic Money Account Agreement, or the MoneyGram Money Transfer Terms.
2. Having more than one Profile, using a false, fraudulent, or altered identity, or using or altering other User data, including the use of information (phone numbers, emails, addresses, identifying data, bank accounts, electronic money accounts, Payment Methods, etc.) that does not belong to the User or that is temporary.
3. Reproducing, copying, capturing, downloading, distributing, exploiting, altering, changing, modifying, blocking, overwriting, or adapting the Application or its content, decompiling, reverse engineering, reformatting, or dismantling the Application, using software mechanisms or scripts in connection with the use of the Application, or accessing, monitoring, or copying content or information from the Application using robots, spiders, scrapers, or other automated or manual means.
4. Attempting to scan or check the security configuration of the Application, circumventing, avoiding, or violating the security or identification measures of the Application, or the robot exclusion protocol, and accessing, using anonymizing proxies to connect to the Application, or attempting to access servers or accounts to which the User does not have access.
5. Carrying out any conduct that could damage, harm, disable, interfere with, alter, or interrupt the normal use or proper functioning of the Application, its functions, the Services, or any part of the Application, as well as the servers or networks used for the availability of the Application, including without limitation, the introduction of viruses, worms, or other harmful or malicious content, attempts at overloading, saturation, flooding, or spamming.
6. Reselling or reusing their access to the Application and/or the Services, using them for commercial, business, or professional purposes, or using them to promote services that compete, directly, with the business activities carried out by the Company or any company in its business group.
7. Deep-linking or hyperlinking to any part of the Application, or using any materials, information, and content of the Application in a manner prohibited by the Terms and Conditions, the Electronic Money Account Agreement, or the MoneyGram Money Transfer Terms.
8. Carrying out any conduct that could harm the interests and rights, or the good reputation, of the Company, Sefide, MoneyGram, the Establishments, or any other third parties.

13.4. The User is solely responsible for compliance with obligations of a fiscal and tax nature and, in general, administrative obligations, which, where applicable, are attributable to them as a result of using the Application and the Services.

13.5. The User is aware, states, and voluntarily accepts that the use of the Application and the Services is done at their own risk and under their sole responsibility.

13.6. The User exempts and will hold the Company and any third party (including the Establishments, MoneyGram, and Sefide) harmless from any liability, damage, and loss (including direct damages and lost profits), charge, liability, disability, penalty, surcharge, loss, interest, or expense (including costs and fees of lawyers, solicitors, notaries, auditors, accountants, experts, or other professionals) that may arise for them as a result of the User's breach of the Terms and Conditions, the Electronic Money Account Agreement, the MoneyGram Money Transfer Terms, and/or any law or third-party right, or as a result of the User's use of the Application, its content, or the Services.

14. Unauthorized Payment Transactions

14.1. The User must check through the Application that all payment transactions executed in their User Profile are correct, as well as the possible existence of other errors in the transaction history.

14.2. In the event that an unauthorized payment transaction is executed, or a payment transaction is executed incorrectly, or the User detects any other error, the User must notify the Company as soon as they become aware of it, without undue delay, and in any case, within 24 hours of becoming aware of it.

14.3. For the above purposes, the User may contact the Company through the following channels: ·operations@topii.com

14.4. The Company will be responsible for refunding the User the amount of an unauthorized or incorrectly executed payment transaction, except in any of the following cases:

1. When the User has acted fraudulently, illegally, or has breached these Terms and Conditions, including (but not limited to) those related to the Security Rules, or the Electronic Money Account Agreement, or the MoneyGram Money Transfer Terms. In this case, the User will assume all losses related to unauthorized or incorrectly executed payment transactions.
2. When said payment transaction has been validated in accordance with these Terms and Conditions or applicable regulations, and has not been directly affected by a technical failure or any other relevant deficiency attributable to the Company. The Company will not be responsible for technical deficiencies and failures attributable to third parties, such as the issuing entity of the User's Payment Methods, Sefide, MoneyGram, the Establishment, or the owners of third-party applications where the TOPii Space is located. In this case, the User will assume all losses related to unauthorized or incorrectly executed payment transactions.
3. When there has been a theft, loss, or misuse of the Device, the Electronic Money Account, the Payment Methods, or the Application, or a breach of the confidentiality of the Password and other security keys of the Device, codes, and reference numbers of payment orders, and/or for the use of the Application, the Electronic Money Account, and the Payment Methods, and the User does not notify the Company in the manner and timeframes established in these Terms and Conditions. In this case, the User will assume all losses related to unauthorized or incorrectly executed payment transactions.
4. When there has been a theft, loss, or misuse of the Device, the Electronic Money Account, the Payment Methods, or the Application, or a breach of the confidentiality of the Password and other security keys of the Device, codes, and reference numbers of payment orders, and/or for the use of the Application, the Electronic Money Account, and the Payment Methods, and the User does notify the Company in the manner and timeframes established in these Terms and Conditions. In this case, the User: (i) will bear the losses prior to the notification up to a maximum of 50 euros (the excess loss over this limit will be borne by the Company unless, by legal imperative, it corresponds to another party, such as Sefide, MoneyGram, or the issuing entity of the Payment Methods); and (ii) will be exempt from liability for the improper or fraudulent use of the Application made after the notification to the Company. The provisions of the preceding paragraph shall apply, unless the User has acted with willful misconduct or negligence (understood as, by way of example but not limitation, the total or partial breach of any of their obligations under these Terms and Conditions and especially, but not limited to, those contained in the "Security Rules and Profile Blocking" clause, as well as in the Electronic Money Account Agreement and the MoneyGram Money Transfer Terms), in which case the User will assume all losses related to unauthorized or incorrectly executed payment transactions (both before and after the notification to the Company), without any limit.
5. If at least thirteen months have passed between the date of the debit and the time the User notified the Company of the unauthorized or incorrectly executed payment transaction.

14.5. The Company may keep the communications sent by the User, the contracts, records, and signed payment orders, and use them as evidence of the execution of the transactions, even after the termination of the contract with the User.

15. Responsibilities of the Company

15.1. The Application, its content, and the Services are made available to the User by the Company (subject to these Terms and Conditions) "as is" and "as available".

15.2. The Company does not guarantee the permanent availability and continuity of the Application, the Electronic Money Account, its content, or the Services, which may be interrupted, unavailable, or have failures for reasons external to the Company.

15.3. The Company is not responsible for the following, without prejudice to the list not being exhaustive and any other exemption contained in the Terms and Conditions:

1. The way the User uses the Application, its content, the Services, the Electronic Money Account, the Payment Methods, or linked or hyperlinked sites.
2. The infringement by the User of the industrial and intellectual property rights of the Company or third parties, as well as the infringement of the User's industrial and intellectual property rights by third parties.
3. Any eventual damages or loss of data caused to the User as a result of the normal or abnormal functioning of the search tools, the organization or location of the content and/or access to the Application and, in general, of the errors or problems created during the development or implementation of the technical elements that the Application or a program provides to the User.
4. Any type of content, information, or opinion in the Application, including those published by other Users, Sefide, MoneyGram, or the Establishments, as well as the contents of those sites that the User may access from the links or hyperlinks included in the Application (whether authorized or not) regardless of whether their origin is the User or third parties, as well as their lack of truthfulness, integrity, or updating.
5. The actions and omissions of third parties, including Sefide, MoneyGram, the Establishments, the issuers of the Payment Methods, and other Users, regardless of whether they maintain any type of contractual relationship with the Company.
6. The access of a minor or legally incapacitated person to the Application, it being the responsibility of the parents, guardians, or legal representatives to adequately control the activity of the minor or incapacitated person in their charge, or to install any tool to control the use of the Internet in order to prevent access to materials or content not suitable for them, as well as the provision of personal data without their authorization.
7. Errors and delays in accessing the Application by the User when entering their data in the corresponding form, the delay or impossibility of receiving any information displayed in the Application, or any other anomaly that may arise when these incidents are due to problems with Internet access, third parties unrelated to the Company, or as a result of an exceptional cause or any other unforeseeable contingency beyond the good faith of the Company.
8. The provision of services and supplies by third parties, including transport through telecommunications networks, reliability, quality, continuity, and operation that does not directly correspond to the Company.
9. Errors and incidents that may arise in communications, their deletion, or incomplete transmissions, as the Company cannot guarantee that the Application will always be operational.
10. The loss of information and damages caused to the User or third parties by computer viruses, worms, or any other harmful element or external agent that third parties may deposit in the Application or in the electronic documents and files hosted in the computer system of the User or third parties.
11. Errors and damages caused in the Application by inefficient or bad faith use by any User.
12. The lack of operation of the mobile phone, email, or Payment Methods provided by the User to the Company through the corresponding forms, or any other problems with the information provided by the User.
13. The breach of the Company's obligations established in these Terms and Conditions, when said breach is motivated by the Company's compliance with a legal obligation, or when said breach is motivated by causes beyond the Company's control (i.e., errors and operations not carried out or carried out with delay for reasons attributable to third parties other than the Company, force majeure, or unforeseeable circumstances).
14. Discrepancies that may arise between the version of their printed documents and the electronic version of the same published in the Application.
15. The use, content, and operation of third-party applications in which the TOPii Space may be integrated, except exclusively in relation to the TOPii Space and the Services offered in the TOPii Space in accordance with these Terms and Conditions.

15.4. To the extent possible, the Company undertakes to:

1. Resolve any technical problems that may arise and offer the necessary support to the User to reach a quick and satisfactory solution to the incidents; and
2. Adopt the necessary measures to guarantee the security and privacy of the Application. The Company will not be responsible when, having adopted the relevant security measures, they have been breached by external agents.

15.5. Without prejudice to any other rights of the Company established in these Terms and Conditions, the Company reserves the right, at its sole discretion, and without the User having any right to compensation for it, to:

1. Modify the Terms and Conditions, the conditions of access to the Application, the structure, information, content, Services, or materials of the Application.
2. Interrupt access and temporarily suspend the Application without prior notice to the User, for technical, security, control, maintenance, or any other reason.
3. Block, restrict, and remove the use of content introduced by third parties or by the User themselves that is illicit, fraudulent, or infringes applicable laws, morality, or public order in any other way.
4. Deny, prevent, restrict, limit, or prohibit access to the Application, deactivate or delete the Profile, and suspend, cancel, or terminate the provision of the Services, to any User who does not make a lawful, honorable, or diligent use of the Application (including, but not limited to, the use of the Application without complying with the Terms and Conditions, the Electronic Money Account Agreement, or the MoneyGram Money Transfer Terms). The Company reserves the right to apply the appropriate legal measures to prevent this type of conduct, or as a consequence thereof.

16. Termination

16.1. Cancellation of the Profile by the User

16.1.1. The User may terminate the Terms and Conditions by unsubscribing from their Profile in the Application at any time, through the means established for this purpose in the Application itself, free of charge.

16.1.2. The cancellation of the Profile will imply the loss by the User of all information and content stored in all Applications where their Profile was registered (although the User may download their information before proceeding with the cancellation), without prejudice to the Company keeping said information duly blocked in accordance with legal regulations, as established in the Privacy Policy.

16.1.3. The cancellation of the Profile will also imply the cancellation of the Electronic Money Account with Sefide. Regarding the balance that may be available in the Electronic Money Account, the provisions established in the Electronic Money Account Agreement will apply. The cancellation of the Profile will also imply the termination of the MoneyGram Money Transfer Terms.

16.2. Termination at the Initiative of the Company

16.2.1. The Company may terminate these Terms and Conditions and cancel the User's Profile immediately at any time: (i) in the event that the User breaches these Terms and Conditions, the Electronic Money Account Agreement, or the MoneyGram Money Transfer Terms, (ii) for security reasons, (iii) in case of well-founded suspicions of fraudulent, unauthorized, or illegal use, (iv) in the event that Sefide terminates the Electronic Money Account Agreement (regardless of the circumstances of said termination), (v) in the event that MoneyGram terminates the MoneyGram Money Transfer Terms (regardless of the circumstances of said termination), and (vi) in the event that it is so established in the applicable legislation, or in any other clause of these Terms and Conditions. The Company shall not be obliged to disclose the reasons for this to the User, unless legally required, in which case the Company will notify the User before the block or denial and, if not possible, immediately after. However, in no case will the reasons be communicated to the User if the communication of such information would be compromised for objectively justified security reasons or would be contrary to any regulatory provision.

16.2.2. The Company reserves the right to eliminate the Application, as well as the Services, totally or partially, unilaterally and without the need for just cause, with a minimum notice of two (2) months before the termination takes effect.

16.2.3. The provisions of this clause shall be understood without prejudice to the provisions of other clauses of these Terms and Conditions.

16.2.4. The termination by the Company will also imply the cancellation of the Electronic Money Account with Sefide (and vice versa). Regarding the balance that may be available in the Electronic Money Account, the provisions established in the Electronic Money Account Agreement will apply. The termination by the Company will also imply the termination of the MoneyGram Money Transfer Terms.

16.3. Execution of Transactions and Liability in Case of Cancellation

16.3.1. The cancellation of the Terms and Conditions by either party will not prevent the execution of payment transactions that have been authorized by the User before the cancellation in accordance with these Terms and Conditions, nor will it exempt the User from any liabilities that may have arisen before the cancellation.

17. Intellectual and Industrial Property Rights

17.1. By downloading the Application, the Company grants the User a free, temporary, non-exclusive, personal, and non-transferable license to use the Application solely in accordance with the Terms and Conditions (and the Electronic Money Account Agreement and the MoneyGram Money Transfer Terms) and only to use the Services. The use of the Application for any other purpose is prohibited and will be considered a violation of intellectual and industrial property rights.

17.2. Access to the Application does not confer upon the User any right or ownership over any intellectual or industrial property right that has not been expressly granted in the preceding clause.

17.3. The User acknowledges and agrees that the elements and intellectual or industrial property rights to which they have access and which are related to the Services and the Application, or contained therein (such as, by way of example but not limitation, the name TOPii, the TOPii logo, the Services, the TOPii website, the Application, the content and integral elements of the Application, as well as the order and structure as they are presented in the Application, and any other copyright, patents, mixed, figurative or word marks, trade names, designs, logos, distinctive signs, symbols, images, audio files, color combinations, software, source codes and any other similar) (the "Intellectual and Industrial Property Rights"), belong exclusively to the Company, which is the owner of all industrial and intellectual property rights derived from them, or the Company has all the relevant and necessary licenses and/or authorizations from the owners of said intellectual and industrial property rights to make use of them; and are, in any case, protected by current applicable legislation.

17.4. The User, as well as any other third party, is not permitted to copy, modify, alter, reproduce, publish, communicate, distribute, sell, transfer, reverse engineer, create derivative works, or exploit in any other way, in whole or in part, the Intellectual and Industrial Property Rights.

17.5. The Company reserves the right to make the modifications and/or improvements it deems appropriate to the Application and its software, at any time and without prior notice, even when the modifications and improvements may originate from suggestions, ideas, or contributions from the User. Such modifications and improvements will become the property of the Company.

17.6. The Company reserves the right to use judicial or any other type of remedies to which it is entitled, against any violation or infringement of the Intellectual and Industrial Property Rights.

18. Personal Data

18.1. The User's personal data will be processed in accordance with Regulation (EU) 2016/679 of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights, and other applicable regulations on the matter.

18.2. The basic information regarding the processing of the User's personal data collected through the Application is included below for informational purposes.

Regarding access to the contact list, we inform you that it occurs to improve your communication experience, and therefore, we collect and process the list information. This allows us to identify which contacts are already using Topii, facilitating direct chat communication with them. The contact list information is processed securely and we do not share it with third parties. The verification is done internally to ensure your privacy and that of your contacts. Your acceptance implies your agreement with the provisions of this clause.

18.3. For more information, the full Privacy Policy can be consulted here: https://www.topii.es/politicas-de-privacidad.html.

18.4. The Privacy Policy is an integral part of these Terms and Conditions. We recommend that the User read the Privacy Policy carefully, as it explains how their personal data will be processed.

18.5. The registration and use of the Application will be subject to the prior acceptance of the Privacy Policy.

18.6. In addition, the User is reminded that the personal data processing policy of Sefide, regulated in the Electronic Money Account Agreement, in relation to the Electronic Money Account (which the User must accept prior to registering and using the Application), will also apply, and can be consulted at https://sefide.com/politica-de-privacidad/. The User is also reminded that the personal data processing policy of MoneyGram, regulated in the Money Transfer Terms, in relation to the Money Transfer Service (which the User must accept prior to registering and using the Application), will also apply, and can be consulted at https://www.moneygram.com/intl/privacy-notice.

19. Cookies

19.1. Downloading and using the Application may involve the use of cookies. The Company provides the User with extensive and clear information on the use of cookies through the "Cookie Policy", which can be consulted here: https://www.topii.es/politicas-de-privacidad.html.

19.2. The Cookie Policy is an integral part of these Terms and Conditions.

20. Linked Links

20.1. The User and, in general, any third party wishing to establish a technical link device (whether links or hyperlinks, links or buttons) from their site (web, application or similar) to the Application or from the Application to their site (the "Links") must obtain prior written authorization from the Company.

20.2. The Company is not responsible for the data processing by third parties who establish Links to the Application, nor for those who are responsible for sending Users to their website through a Link in the Application.

20.3. The establishment of the Link does not imply the existence of a relationship between the Company and the owner of the site establishing the Link (unless expressly stated otherwise in these Terms and Conditions), and in any case, it does not imply the acceptance or approval of its contents and services by the Company. The Links cannot be considered as a recommendation, sponsorship, or distribution by the Company of the information, products and/or services or, in general, content, owned by third parties, offered by them or disclosed by them in any way.

20.4. The Company assumes no responsibility for the content, commercial activities, products, and services that may appear, directly or indirectly, through Links in the Application. The Company is not responsible in any way for the result obtained through such Links or for the consequences arising from the User's access to those Links.

20.5. The Company reserves the right to prohibit or disable any Link to the Application, especially in the case of illegal activities or content of the site where the Link is included.

21. Modification of the Terms and Conditions

21.1. The Company reserves the right to modify, in whole or in part, any aspect, whether essential or not, of the Terms and Conditions, at its own discretion, at any time: (i) generally, with prior notice to Users at least two (2) months before the modification becomes effective, or (ii) in the event that the modification is unequivocally more favorable to the User, immediately.

21.2. The current version of the Terms and Conditions is the one published at any given time, and from the moment of publication in the Application.

21.3. If the User does not accept the modifications, the User must ensure they cancel their Profile before they come into effect (by unsubscribing, free of charge, through the Application). The User is considered to accept the modifications if they do not cancel their Profile before they come into effect, and/or if the User uses the Application after the update of the Terms and Conditions.

21.4. Consequently, the User should periodically read the Terms and Conditions, which are available to them through the Application, to be aware of any changes, as they are binding on the User from the moment of their application.

21.5. The User may request the current Terms and Conditions from the Company, which the Company will send free of charge to the User at the email address associated with their User Profile. If the User requests that it be sent by any other means (including, where applicable, by paper mail), the Company may charge the User, where applicable, the corresponding shipping costs, which will be reasonable and in line with the costs actually incurred by the Company.

21.6. Likewise, the User is reminded that the Electronic Money Account Agreement and the MoneyGram Money Transfer Terms may also be modified, in accordance with the provisions of each of them. Therefore (and without prejudice to what is established in said agreements), the Company recommends that the User periodically read the Electronic Money Account Agreement and the MoneyGram Money Transfer Terms.

22. Disclaimers and Severability

22.1. No waiver by the Company of any term or condition set forth in the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

22.2. If any part of the Terms and Conditions becomes invalid, illegal, or unenforceable, this shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect.

23. Assignment

23.1. The Company may assign all or part of its rights under the Terms and Conditions, as well as the Services, by providing written notice to the User at least sixty (60) days before the assignment becomes effective. The assignment thus made is expressly permitted by the User through the acceptance of these Terms and Conditions.

23.2. The User may not assign, in whole or in part, to any third party the rights and obligations of the User arising from the Terms and Conditions.

24. Applicable Law and Jurisdiction

24.1. These Terms and Conditions, and any controversy, dispute, or claim arising from or related to them, shall be governed by the common law of Spain.

24.2. Any controversy, dispute, or claim arising from these Terms and Conditions is hereby submitted to the jurisdiction of the Courts and Tribunals of the Kingdom of Spain that correspond according to the regulations applicable in each case.

25. Claims, Communications, Information, and Inquiries

25.1. For any communication, inquiry, or information that the User has in relation to the Application or the Services, as well as to inform the Company of any type of incident or claim, the User may contact the Company through any of the following channels: by mail to Calle Velázquez 76, bajo izquierda, 28001, Madrid, by email to operations@topii.com, or through the contact form on the website https://www.topii.es. The Company will respond to the User within a maximum period of fifteen (15) business days from the day the Company received the communication, unless, due to exceptional circumstances, the Company cannot provide a definitive response within said period. In that case, the Company may provide a provisional response, and will have a period of one (1) month from the day the Company received the communication to provide a definitive response.

25.2. Likewise, the User may file any complaint or claim (not related to the Money Transfer Service) with the Customer Defense Service of SEFIDE EDE, S.L.U. (“Sefide”), through any of the channels published for this purpose by Sefide on its website: https://sefide.com/. Sefide will respond to the User within a maximum period of fifteen (15) business days from the day the Company received the communication, unless, due to exceptional circumstances, Sefide cannot provide a definitive response within said period. In that case, Sefide may provide a provisional response, and will have a period of one (1) month from the day Sefide received the communication to provide a definitive response. The User can consult the Regulations for the Defense of the Sefide Customer at https://sefide.com/.

25.3. The User may also file any complaint or claim related to the Money Transfer Service with the Customer Defense Service of MoneyGram International, S.A. (“MoneyGram”), through any of the channels published for this purpose by MoneyGram on its website: https://www.moneygram.com. MoneyGram will respond to the User within a maximum period of fifteen (15) business days from the day the Company received the communication, unless, due to exceptional circumstances, MoneyGram cannot provide a definitive response within said period. In that case, MoneyGram may provide a provisional response, and will have a period of one (1) month from the day MoneyGram received the communication to provide a definitive response. The User can consult the Regulations for the Defense of the MoneyGram Customer on its website: https://www.moneygram.com.

25.4. In the event that the User is dissatisfied with the resolution issued by any of the Customer Defense Services, they may turn to the Bank of Spain under the terms contemplated by current regulations.

25.5. The User accepts that the communications and notifications that the Company sends to the User may be sent on a durable medium (understood as any instrument that allows the User to store the information for a period of time appropriate to the content of the information, and that allows the reproduction of said information without changes) by email, through notifications from the Application and/or by sending SMS to the mobile phone provided by the User.

25.6. Such communications and notifications will be considered received and effective 24 hours after their sending or publication.

25.7. For any incident related to third-party applications in which the TOPii Space is included, not related to the TOPii Space or the Services, the User must contact the entity or entities indicated in the terms and conditions that regulate the use of said third-party applications, and in accordance with what is established in said terms and conditions.

26. Language

26.1. These Terms and Conditions have been originally drafted in Spanish. In the event that the Company may offer translations of these Terms and Conditions into other languages, it is expressly stated that such translations are offered for informational purposes only and that, in case of discrepancy between the Spanish version and the version in any other language, the Spanish version will prevail.

27. Incentive Program

27.1. Purpose of the Incentive Program

27.1.1. The Application may, occasionally, provide its Users with access to the application of a discount calculated on the purchase price of the products or services acquired by the User at some of the affiliated Establishments (the "Incentive") for the purpose of rewarding the use of said service by the User (the "Incentive Program").

27.1.2. The Incentive may be refunded to the User, or granted in the form of points or balance that can be exchanged for discounts to be applied to the User in future purchases of products or services from third parties who collaborate in the Incentive Program (the "Incentive Program Collaborators"). In this case, the terms related to the exchange of points or balance for discounts will be governed by the terms and conditions that, in each case, the Incentive Program Collaborators apply.

27.1.3. In general, the User will have available for consultation the promotions and discounts of the Incentive Program available at any time, the Establishments affiliated with it at any time, and the Incentive Program Collaborators at any time, on the Company's website: https://topii.es.

27.1.4. The Establishments affiliated with the Incentive Program, the Incentive and its method of application, and the Incentive Program Collaborators may be subject to change at any time.

27.1.5. The Incentive Program may not be considered as a recommendation, sponsorship, or distribution by the Company of the information, products and/or services or, in general, content, of the Establishments affiliated with the Incentive Program and/or the Incentive Program Collaborators.

27.2. The User expressly acknowledges and agrees that the Incentive Program is offered by the Establishment, in collaboration (where applicable) with the Incentive Program Collaborators, and the Company only acts as an intermediary in the application and execution of the Incentive Program and the Incentive. The Company does not act as a buyer or seller in transactions with the Establishments and/or the Incentive Program Collaborators.

27.3. Operation of the Incentive Program

27.3.1. For the Incentive to be applied, the User must show the Application code to the Establishment staff, who will scan it through the Establishment's point-of-sale terminal or the system available at the Establishment, or manually enter it into their system otherwise.

27.3.2. The Incentive will be granted to the User and borne by the Establishment. The Incentive will be applied after full payment of the purchase price by the User, and can be executed:

1. By refund (cashback) by the Establishment (through the Company) to the User, in the User's Electronic Money Account. The refund will be made within a maximum period of 2 days from the purchase; or
2. By granting points or balance exchangeable for discounts to be applied to the User in future purchases of products or services from the Incentive Program Collaborators, in accordance with the terms and conditions established in this regard by the Incentive Program Collaborators.

In the event that the User has registered for the Incentive Program, but not for the use of the Payment and Cashout Services (which will only be possible if so permitted in each specific Application), the Incentive cannot be applied via cashback, but only through points or balance exchangeable for discounts, if so established in the terms and conditions established in this regard by the Incentive Program Collaborators.

27.3.3. The User expressly authorizes the procedures and debits referred to herein. In case of return of the product or service purchased that generated the Incentive, the User, at the discretion of the Company:

1. will either be debited the amount of the corresponding Incentive on the same Payment Method to which the Company had previously credited the Incentive or the User's Electronic Money Account, whether it had been refunded as cashback or as points or balance exchangeable for discounts, if the User had already redeemed it;
2. or the points or balance exchangeable for discounts that had been applied to the User, or were to be applied, in future purchases will be withdrawn, if the User had not yet redeemed them.

The User expressly authorizes the procedures and debits referred to herein.

27.3.4. The Incentive may or may not be cumulative with other discounts, rewards, or incentives in force applicable to the same transaction, in accordance with the policies that the Establishment may apply or decide at any time.

27.4. Disclaimer of Liability

27.4.1. Without prejudice to the provisions of other clauses of these Terms and Conditions, the Company shall not be liable (regardless of the cause) for:

1. The non-acceptance by the Incentive Program Collaborators and/or any Establishment of the application of the Incentive Program, or the modification by them of the Incentive to be applied or the way to apply it.
2. The lack of coincidence or inaccuracy between the information displayed in the Application, and the promotions and discounts of the Incentive Program available at any time, the Establishments affiliated with it at any time, and the Incentive Program Collaborators available at any time.
3. The terms and conditions governing the exchange of the balance or points derived from the Incentive for discounts to be applied to the User in future purchases of products or services from the available Incentive Program Collaborators, and the compliance with said terms and conditions by the Incentive Program Collaborators.

27.5. Modification and Termination of the Incentive Program

27.5.1. The Company may suspend, modify, and/or terminate the Incentive Program at any time, at its sole discretion, without the User having any right to compensation for it and without the need for prior notice to the User. The termination of the Incentive Program will be, in any case, communicated to the User.