App Terms & Conditions ROW-EN

Application Terms and Conditions

1. Legal Notice

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

More information about the Company can be found at https://topii.es.

1.2. The Company holds all applicable licenses to the «TOPii» mobile application and the «TOPii Space» that may be available occasionally in various third-party applications. The term «Application» used in these Terms and Conditions shall refer to both the TOPii mobile application and the TOPii Space that may be available from time to time on any third-party applications. The User’s use of such third-party applications shall be governed by their terms and conditions, notwithstanding that the use of the TOPii Space included in such third-party applications shall be managed by these Terms and Conditions.

1.3. The Company holds all relevant authorizations and agreements with third parties to operate the Application.

2. Subject to these Terms and Conditions

2.1. These terms and conditions (the «Terms and Conditions«), govern the download and use of the Application by the User through any device compatible with the Application, such as a smartphone (the «Device(s)«), and which must have minimum Android 11 version or minimum iOS 16 version, and Internet connection.

2.2. For these Terms and Conditions, «User» means any natural person downloading the Application.

The Application provides the User with the ability to access and use the following services (collectively, the «Services«): Exchange messages in text and image formats with other users of The Application.

3. Voluntariness of the registration in the Application

3.1 Registration in the Application is voluntary.

3.2. By registering, the User declares that they are aware of the following legal texts and are bound by them in the same way as if they had accepted them by handwritten signature:

a) These Terms and Conditions (including the Privacy Policy, which forms part of these Terms and Conditions)

3.3. When the User registers in the Application, their User profile will be automatically created in the Application linked to the information entered by the User (the «Profile«).

3.4. Therefore, before registering for the Application, the User must carefully read these Terms and Conditions. If the User disagrees with the above, they should not register in the Application.

3.5. Likewise, the User is recommended to periodically read these Terms and Conditions may undergo modifications.

4. Application Download

4.1. The application will be downloaded through the Apple Store, Google Play, and Huawei Store (depending on the device’s operating system).

4.2. The User shall be responsible for checking whether his or her Device is compatible with the Application and configuring the Device. The User shall bear any damage or harm, including loss of data, that the use of the Application, including its download and installation, may cause to the User’s Device.

4.3. The User shall also be responsible for ensuring that his or her Device is connected and has access to the Internet for downloading and using the Application and for the cost of Internet access.

5. Charges and commissions. Currency of operations and currency exchange.

5.1. Positions and commissions

5.1.1. Notwithstanding the costs of access and Internet connection, which in any case do not depend on the Company, the downloading of the Application, as well as the registration in the same, are free of charge. The Company reserves the right to charge for downloading the Application and registering with it in the future, which will be notified to the User in advance by the applicable regulations.

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

6. Application Registration

6.1. General aspects related to the registration in the Application.

6.1.1. To use the Application and access the Services offered through the Application, the User must first register in the Application. To do so, the User must (i) enter the identification information required by the Application and (ii) accept these Terms and Conditions (including the Privacy Policy, which forms an integral part of the Terms and Conditions.

6.1.2. When the User registers in the Application: Your User profile will be created in the Application linked to the information entered by the User (the «Profile«) and

6.1.3. The User may have only one Profile (linked to only one telephone number). The User shall be the only person authorized to use their Profile.

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

6.1.5. the User may also not provide any information containing words, expressions, denominations, or images that are rude or contrary to 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 shall ensure that he/she does not enter erroneous, false, or inaccurate information, and in case the User detects errors or inaccuracies, or in case of changes in the information previously entered, he/she shall immediately modify and update it through the Application.

6.1.7. The User shall be liable for and shall indemnify and hold harmless the Company and any third party from and against any liability, damages, penalties, surcharges, or losses that may arise from the User entering any information into the Application in contravention of the provisions of these Terms and Conditions.

6.1.8. Notwithstanding the preceding, 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 any other information necessary for such authentication and verification.

6.1.9. The Company may, at its sole discretion and at any time, without the User being entitled to compensation, deny the User’s registration, as well as restrict access, deactivate, suspend, or delete the User’s Profile temporarily or indefinitely, if:

a) The User does not pass the checks of the User’s information that the Company has requested or that the Company has carried out on its account on the User,

b) The Company detects any error, inaccuracy, or falsehood in any information entered by the User for registration in the Application or

c) The Company detects that the information entered is rude or contrary to law, morality, or public order.

The Company shall only be obliged to disclose to the User the reasons for doing so if required by law, in which case, the Company shall inform the User beforehand and, if this is not possible, immediately afterward. In no case shall 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.

6.2. Requirements to be fulfilled by the User when registering in the Application

6.2.1. To register for the Application, the User must meet the following requirements (notwithstanding any other requirements outlined in these Terms and Conditions).

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

a) They are natural and act as a consumer and user.

b) You are at least 18 years of age, or legal age, in the country or place of residence of the User, or if legally incapacitated, that you have the consent of parents, guardians, or legal representatives for the use of the Application.

c) That: (i) its domicile is not located in any of the countries subject to embargo by the United States or considered by the United States as an entity that supports terrorism; and (iii) that it is not part of any list of prohibited entities of the United States.

d) That you previously and expressly accept and acknowledge, without limitation, the entire contents of these Terms and Conditions and the privacy policy for the processing of personal data relating to the Services (the «Privacy Policy«), which can be found here: www.topii.es/politicas-de-privacidad.html.

e) That the mobile telephone number associated with your Profile is a number owned by you, which you are entitled to use (or you are fully authorized to operate by the owner of the telephone number), and which is under your control, linked to the Device (i.e., which SIM card or equivalent is installed in the Device) and in operation; and which will remain so at all times so long as the mobile telephone number is associated with your Profile.

f) That it is 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 set forth above, nor for any actions that such User may take in use of the Application, and in particular, but not limited to, the actions of any minor or legally incapacitated person, nor for the use by the User of any Means of Payment that the User does not own, is not valid and is not current, or any other fraudulent use of the Means of Payment.

The User shall be liable for, indemnify, and hold harmless the Company and any third party (including the Merchants) from and against any liability, damages, penalties, surcharges, or losses arising from the preceding.

6.3. Application Registration Process

6.3.1. When registering for the Application, the User must enter the identification information required by the Application and accept the present Terms and Conditions (including the Privacy Policy).

6.3.2. The User may also, if they so wish, permit the following processing of their data:

If you want the provision of the different services offered by the Application to be personalized according to your geographical position (geolocation permissions).

If it allows the processing of biometric data to train the facial verification algorithm and security of the Application.
If it allows the sending of commercial communications from the Company and third parties, personalized based on the User’s profile.

6.3.3. The User will then receive an SMS with a one-time use code on the cell phone number they provided at registration to verify the cell phone number, activate the Profile, and (if applicable) the E-money Account. If the User does not give the cell phone number, the registration cannot be completed (and the User will have to 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 register and follow the process requested by the Application to identify themself. The different registration screens of the Application will indicate which data are optional and which are mandatory to register.

6.3.5. The User will need a six-digit numeric password (the «Password«) to register. The User shall have the option to choose and indicate his/her Password and configure the Application so that the numeric Password can be replaced by other alternative means of authorization (fingerprint recognition, facial recognition).

6.3.6. The User shall choose, use, and keep his/her Password (as well as any information provided by the Company in case he/she forgets his/her Password to recover access to the User’s account) confidentially, making diligent and lawful use of the same, without driving them available to third parties. In this regard, the provisions of the clause «Security Rules and Profile Lockout» of these Terms and Conditions shall apply.

7. Modification of User Information

7.1. If the User switches to a new Device (compatible with the Application), and provided that they keep the same cell phone number previously associated with their Profile on the new Device, the User may keep their Profile and retrieve their associated information on the new Device, by downloading the Application on the new Device and following the instructions of the retrieval process.

7.2. The User may change their Profile information, add and delete their Means of Payment, modify their telephone number through the corresponding section of the Application, and follow the instructions of the process indicated by the Application.

7.3. To modify the information, Users may be required to validate the corresponding modification using their verification code, which they will receive at that moment via SMS on the telephone number associated with the User’s Profile.

7.4. If the User forgets their Application Password, they may recover it through the Application. To change or recover such Password, the Company will request the User’s verification code, which will be sent to the User’s e-mail address at that time.

8. Safety rules and profile locking

8.1. Safety standards to be complied with by the User

8.1.1. Observing the following safety rules to use the Services without risk is essential.

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

8.1.3. For this purpose, the User shall (but not limited to):

Always set the Device unlock password.
Always store your Device in a safe place, out of sight of other people, when you do not need it.
Do not use the Services when you know or suspect that the situation is not secure (for example, wifi networks that are public or without a password);
When using the Device, stay alert, do not be 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.

Do not give the Device to anyone, and remove the Application from the Device if you provide it to a third party for repair or otherwise;
Choose Passwords, access keys, and any other security keys required for the use of the Device, the Application, the Services, and the Means of Payment, which are not easy to guess; do not write them down anywhere nor disclose or show them to anyone (not even to employees of the Company or the Merchant, family or friends, business representatives or employees of your financial institution or payment service provider).
Not to deliver to anyone the codes generated by the Application once the use of the Services has been requested.
Use antivirus software from reputable manufacturers on your device.
Constantly update and use the latest version of the Application.
Do not root the Device, as it makes it more vulnerable to malicious programs and could compromise the security of the operations performed through the Application.

8.1.4. If the User becomes aware or suspects that such confidentiality has been altered, as well as in the event of loss, theft, robbery or theft or misuse of the Device, the Application, or the Means of Payment, or if any incident or failure occurs that could compromise security, the User must change their Password or security keys and notify the Company and request the Company to block their account as soon as they become aware of it, without undue delay and, in any case, within 24 hours from the time they become conscious of it.

8.1.5. The User shall provide the Company with a copy of the relevant complaint, if required by the Company, and cooperate with the Company to help investigate any illegal actions relating to the User’s Profile.

8.1.6. The User may also request the Company to unblock his/her Profile, under the User’s responsibility, who shall exonerate and hold the Company harmless from any liability for this. Unblocking shall be carried out by the Company free of charge.

8.1.7. For the purposes outlined in this clause, the User may communicate with the Company through the following channels:– operations@topii.com.

8.1.8. If the Company considers that there are objectively justified cases in which the User’s behavior is indicative of an irregular, fraudulent, illicit, or illegitimate performance of the Services, the Application, or the Means of Payment, the Company may bring it to the attention of the relevant national authority, under the terms established in the legislation in force.

8.1.9. The preceding shall be without prejudice to the User’s obligations to communicate any incident detected to the competent authorities. According to the applicable legislation and, if appropriate, its telecommunications provider, the terms and conditions subscribed by the User with the corresponding counterparty.

8.2. Blocking of the Profile by the Company

8.2.1. The Company reserves the right to block, keep blocked, and refuse to unblock the User’s Profile for objectively justified reasons, such as security incidents, suspicion of fraudulent, illegal, unlawful, illegitimate, or any other use contrary to these Terms and Conditions, to comply with current legislation, etc.

The Company shall only be obliged to disclose to the User the reasons for this, if required by law, in which case, the Company shall inform the User before blocking or denial and, if this is not possible, immediately after that. However, in no case shall the reasons be communicated to the User if the communication of such information would be compromised for objectively justified security reasons or contrary to any regulatory provision.

The Company will contact the User by email or telephone in case of suspected fraud, actual fraud, or security threat.

8.2.2. Blocked Profiles may be unblocked by the Company when the reasons for the blocking cease to exist.

8.2.3. The blocking of the User’s Profile, temporarily or indefinitely.

9. Use of the Application by the User

9.1. By downloading and registering on 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 by the Terms and Conditions and exclusively for the use of the Services. Use of the Application for any other purpose not permitted under these Terms and Conditions is prohibited. It will be considered an infringement of the Company’s intellectual and industrial property rights and these Terms and Conditions.

9.2. The access, navigation, and use of the Application is the responsibility of the User, whereby the User agrees to diligently, faithfully, and lawfully comply with the Terms and Conditions, the applicable legislation, and any additional instructions provided by the Company or its authorized personnel, about the use of the Application and its content, the Means of Payment.

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

a) Having more than one Profile, using a false, fraudulent, or altered identity, or operating or altering other User data, including the use of information (telephone numbers, e-mails, addresses, identification data, bank accounts, electronic money accounts, Means of Payment, etc.) that do not belong to the User or that are temporary.

b) Reproduce, copy, capture, capture, download, distribute, exploit, alter, change, modify, block, overwrite or adapt the Application or its contents, decompile, reverse engineer, reformat or disassemble the Application, employ software mechanisms or scripts in connection with the use of the Application, or access, monitor or copy content or information from the Application using robots, spiders, scrapers or other automated or manual means.

c) Attempt to scan or check the security settings of the Application, circumvent, bypass, or violate the security or identification measures of the Application, or robot exclusion protocol, and access, employ anonymizing proxies to connect to the Application, or attempt to access servers or accounts to which the User does not have access.

d) Engage in any conduct that could damage, impair, disable, interfere with, alter, or interrupt the regular use or proper functioning of the Application, the functions of the Application, 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 to overload, saturate, flood or spam.

e) Resell or reuse your access to the Application and the Services, use them for commercial, business, or professional purposes, or promote services that directly compete with the business activities carried out by the Company or any company of its business group.

f) Deep-linking or hyperlinking to any part of the Application or using any materials, information, and contents in a manner prohibited by the Terms and Conditions.

g) Engage in any conduct that may harm the interests and rights, or the good reputation, of the Company or any other third parties.

9.4. The User is solely responsible for compliance with the obligations of a fiscal and tax nature and, in general, administrative, which, if any, are attributable to them as a result of the use of the Application and the Services.

9.5. The User is aware, manifests, and voluntarily accepts that using the Application and the Services is at the User’s own risk and under the User’s sole responsibility.

9.6. The User releases and shall indemnify and hold harmless the Company and any third party against any liability, damages (including consequential damages and lost profits), charge, liability, loss, penalty, penalty, surcharge, loss, interest or expense (including costs and fees of attorneys, solicitors, bailiffs, auditors, accountants, experts, surveyors or other professionals) that may arise for them as a result of the User’s breach of the Terms and Conditions, accountants, experts, surveyors or other professionals) that may arise for them as a result of the User’s breach of the Terms and Conditions and any law or third party right, or as a result of the User’s use of the Application, its content or the Services.

10. Responsibilities of the Company

10.1. The Application, its content, and the Services are made available by the Company to the User (subject to these Terms and Conditions) on an «as is» and «as available» basis.

10.2. The Company does not guarantee the permanent availability and continuity of the Application, its content, or the Services, which may be interrupted, unavailable, or fail due to causes external to the Company.

10.3. The Company shall not be liable for the following, without prejudice to the non-exhaustive list and any other exemptions contained in the Terms and Conditions:

a) Infringement by the User of the industrial and intellectual property rights of the Company or third parties, as well as infringement of the User’s industrial and intellectual property rights by third parties.

b) For any damage or loss of data caused to the User as a consequence of the standard or abnormal functioning of the search tools, of the organization or location of the contents and access to the Application, and, in general, of the errors or problems created during the development or instrumentalization of the technical elements that the Application or a program provides to the User.

c) For any content, information, or opinion in the Application, including those published by other Users, as well as for the contents of those sites that the User may access from the links or hyperlinks included in the Application (whether or not authorized), regardless of whether they originate from the User or third parties, as well as for their lack of honesty, integrity or updating.

d) The acts and omissions of third parties and other Users, regardless of whether they have a contractual relationship with the Company.

e) Access to the Application by a minor or legally incapacitated person, being the responsibility of the parents, guardians, or legal representatives to adequately control the activity of the minor or incapacitated person in their care or to install any tool to prevent the use of the Internet to avoid access to materials or content not suitable for them, as well as the provision of personal data without their authorization.

f) Errors and delays in the access to the Application by the User when entering their data in the corresponding form, the delay or impossibility to receive any information displayed in the Application, or any other anomaly that may arise when these incidents are due to problems in the Internet access, to third parties outside the Company, or as a consequence of an exceptional cause or any other unforeseeable contingency beyond the good faith of the Company.

g) For the provision of services and supplies of third parties, including transport through telecommunications networks, reliability, quality, continuity, and operation that does not correspond to the Company directly.

h) Errors and incidents may arise in communications, their elimination, or incomplete transmissions since the Company cannot guarantee that the Application will always be operative.

i) For 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 the electronic documents and files housed in the computer system of the User or third parties.

j) Errors and damages caused in the Application by inefficient or bad faith use by any User.

k) Failure of the cell phone, e-mail, or Means of Payment provided by the User to the Company through the corresponding forms or any other problems in the information provided by the User.

l) Failure to comply with the Company’s obligations outlined in these Terms and Conditions, when such failure is caused by the Company’s compliance with a legal obligation, or when such failure is caused by causes beyond the Company’s control (i.e., errors and operations not performed or performed late for reasons attributable to third parties other than the Company, force majeure or unforeseeable circumstances).

m) Discrepancies that may arise between the version of its printed documents and the electronic version of the same published in the Application.

n) The use, content, and operation of third-party applications in which the TOPii Space may be integrated, except solely concerning the TOPii Space and the Services offered in the TOPii Space by these Terms and Conditions.

10.4. As far as possible, the Company undertakes to:

a) To solve technical problems that may arise and to offer the necessary support to the User to reach a quick and satisfactory solution to the incidents; and

b) Adopt the necessary measures to guarantee the security and privacy of the Application. The Company shall not be liable when adopting the relevant security measures; external agents have violated these.

10.5. Without prejudice to any other rights of the Company set out in these Terms and Conditions, the Company reserves the right, at its sole discretion, and without the User being entitled to any compensation therefor, to:

a) Modify the Terms and Conditions, the conditions of access to the Application, and the structure, information, content, Services, or materials of the Application.

b) Interrupt access and temporarily suspend the Application without prior notice to the User for technical, security, control, maintenance, or any other reason.

c) Block, restrict and remove the use of content entered by third parties or by the User himself that is unlawful, fraudulent, or otherwise in violation of applicable laws, morality, or public order.

d) Deny, prevent, restrict, limit, or prohibit access to the Application, disable or delete the Profile, and suspend, cancel, or terminate the provision of the Services to any User who fails to make lawful, honorable, or diligent use of the Application (including, without limitation, use of the Application without complying with the Terms and Conditions. The Company reserves the right to take appropriate legal action to prevent such conduct or as a consequence.

11. Resolution

11.1. Cancellation of the Profile by the User

11.1.1. 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.

11.1.2. The cancellation of the Profile shall imply the loss by the User of all the information and content stored in all the Applications in which the User has registered his/her Profile (although the User may download his/her data before proceeding with the cancellation), notwithstanding that the Company shall keep such information duly blocked by the legal regulations, as outlined in the Privacy Policy.

11.2. Resolution at the initiative of the Company

11.2.1. The Company may terminate these Terms and Conditions and cancel the User’s Profile immediately at any time: (i) in case the User breaches these Terms and Conditions or the Terms, (ii) for security reasons, (iii) in case of reasonable suspicion of fraudulent, unauthorized or illegal use, and (iv) if provided by applicable law or any other provision of these Terms and Conditions.

11.2.2. The Company reserves the right to remove the Application and the Services, in whole or in part, unilaterally and without cause, with a minimum notice of two (2) months when the termination occurs.

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

11.3. Execution of operations and liability in case of cancellation

11.3.1 The cancellation of the Terms and Conditions by either party shall not prevent the execution of payment transactions authorized by the User before the cancellation of these Terms and Conditions, nor shall it relieve the User of any liabilities that may have arisen before the cancellation.

12. Intellectual and industrial property rights

12.1. By downloading the Application, the Company grants the User a free, temporary, non-exclusive, personal, and non-transferable license to use the Application solely by the Terms and Conditions and the GPS Pay Wallet Service Terms and Conditions and only to operate the Services. Use of the Application for any other purpose is prohibited and will be considered an infringement of intellectual and industrial property rights.

12.2. Access to the Application does not confer upon the User any right or ownership over any intellectual or industrial right not expressly granted in the preceding clause.

12.3. The User acknowledges and agrees that the elements and rights of intellectual or industrial property to which it has access and that are related to the Services and the Application, or contained therein (such as, but not limited to, the name TOPii, the TOPii logo, the Services, the TOPii website, the Application, the content and elements of the Application, as well as the order and structure as presented in the Application, and any other copyrights, patents, patents, mixed, figurative or word marks, trade names, designs, logos, distinctive signs, trademarks, trade names, designs, logos, logos, distinctive signs, and any other intellectual or industrial property rights, as well as the order and structure as presented in the Application, and any other copyrights, patents, mixed, figurative or word marks, trade names, designs, logos, distinctive signs, symbols, images, audio files, color combinations, software, source codes and any other analogous rights (the «Intellectual and Industrial Property Rights«), belong exclusively to the Company, which is the owner of all the industrial and intellectual property rights derived therefrom, or the Company has all the pertinent and necessary licenses and/or authorizations from the owners of said intellectual and industrial property rights, to make use of the same; and they are, in any case, protected by the applicable legislation in force.

12.4. The User, as well as any other third party, is not allowed 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.

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

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

13. Personal data

13.1. The User’s data will be processed by Regulation (EU) 2016/679 of 27 April on the protection of natural persons about the processing of personal data and the free movement of such data, Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights, and other applicable regulations on the protection of personal data.

13.2. The following is included below, for information purposes, the essential information regarding the processing of the User’s data collected through the Application

Responsible	TOPii Fide Europe, S.L. (the «Company«).
Data collected	Identification data, contact data, data related to documentation proving identity, biometric data, data derived from the operations carried out through the Application, from the use of the Application and the Services, from the Means of Payment, Application Passwords, from the Device on which the Application is installed, geolocation. The consequences of not providing them are indicated in the Privacy Policy.
Purposes	Manage and verify registration and access to the Application, provide the Services and monitor compliance with the Terms and Conditions, provide information to the User, manage the operation of the Application. Improvement of the Application and the Services, improvement of the User’s attention, improvement of security, avoidance of fraud, risk assessment, analysis of the use of the Application. Use of anonymized biometric data to improve the Application and use of geolocation data. Profiling. Sending commercial communications of our products and services, as well as products and services of third parties.
Legitimation	The formalization and correct execution of the Terms and Conditions governing the Service and the use of the Application. The satisfaction of the legitimate interest of the Company. The fulfillment of legal obligations by the Company. The express consent of the User concerning each of the purposes that require it.
Addressees	The Company and its group entities. Other recipients for the proper provision of the Services. Control bodies or authorities, public administrations, competent bodies or courts. Third parties for sending commercial communications.
Rights	Access, rectification, deletion, limitation, opposition, portability, withdrawal of consent and not to be subject to automated decisions. You may exercise these rights with the Company’s data protection officer at dpo@topii.com or at the Company’s registered office.

In relation to access to the contact list, we inform you that this occurs to improve your communication experience, and therefore, we collect and process the information on the list. This allows us to identify which contacts are already using Topii, making it easier for you to communicate directly via chat with them. Contact list information is processed securely and we do not share it with third parties. Verification is done internally to ensure your privacy and that of your contacts. Your acceptance implies your agreement to the provisions of this clause.

13.3. For more information, the complete Privacy Policy can be found here: https://www.topii.es/politicas-de-privacidad.html.

13.4. The Privacy Policy is integral to these Terms and Conditions. We recommend the User read the Privacy Policy carefully, which explains how your data will be processed.

13.5. Registration and use of the Application shall be subject to prior acceptance of the Privacy Policy.

14. Cookies

14.1. Downloading and using the Application may involve the use of cookies. The Company provides the User with comprehensive and transparent information on the use of cookies using the «Cookies Policy,» which can be consulted here: https://www.topii.es/politicas-de-privacidad.html.

14.2. The Cookie Policy is integral to these Terms and Conditions.

15. Linked links

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

15.2. The Company is not responsible for data processing by third parties who establish Links to the Application or those responsible for sending Users to their website through a Link in the Application.

15.3. The establishment of the Link does not imply the existence of a relationship between the Company and the owner of the site that establishes the Link (unless the contract is expressly specified in these Terms and Conditions), and in any case, neither does it imply the acceptance or approval of its contents and services by the Company. The Links may not be considered a recommendation, sponsorship, or distribution by the Company of the information, products, and services or, in general, contents owned by third parties, offered by them, or disclosed by them in any form.

15.4. The Company assumes no responsibility whatsoever for the contents, commercial activities, products, and services that may appear through Links, directly or indirectly, in the Application. The Company is not responsible for the results obtained through such Links or for the consequences arising from the User’s access to such Links.

15.5. The Company reserves the right to prohibit or turn off any Link to the Application, especially in the case of unlawful activities or content of the site where the Link is included.

16. Modification of Terms and Conditions

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

16.2. The current version of the Terms and Conditions is published from time to time and from the time of publication in the Application.

16.3. If the User does not accept the modifications, the User must ensure that they cancel their Profile before the entry into force of the changes (by unsubscribing, free of charge, through the Application). The User is deemed to accept the modifications if they do not cancel their Profile before the entry of the changes into force and if the User uses the Application after the Terms and Conditions have been updated.

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

16.5. The User may request from the Company the Terms and Conditions in force, which the Company will send free of charge to the User to the e-mail address associated with the User’s User Profile. If the User requests that they be shipped by any other means (including, if applicable, by paper), the Company may charge the User, if appropriate, the costs corresponding to the sending, which shall be reasonable and commensurate with the costs borne by the Company.

17. Waivers and nullity

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

17.2. 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.

18. Assignment

18.1. The Company may assign all or part of its rights under the Terms and Conditions and the Services upon prior written notice to the User at least sixty (60) days before the assignment becomes effective. Any such assignment is expressly permitted by the User’s acceptance of these Terms and Conditions.

18.2. 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.

19. Applicable Law and Jurisdiction

19.1. These Terms and Conditions, and any controversy, dispute, or claim arising out of or relating to them, shall be governed by the common law of Spain.

19.2. Any controversy, dispute, or claim arising out of these Terms and Conditions is submitted to the jurisdiction of the Courts and Tribunals of the Kingdom of Spain by the regulations applicable in each case.

20. Complaints, communications, information and consultations

20.1. For any communication, consultation or information that the User may have about the Application or the Services, as well as to inform the Company of any incident or claim, the User may contact the Company through any of the following channels:- by mail to Calle Velázquez 76, bajo izquierdo, 28001, Madrid, by e-mail to operations@topii.com, or through the contact form on the website https://www.topii.es.

The Company will respond to the User within fifteen (11) working days from the day the Company received the communication unless, due to exceptional circumstances, the Company cannot provide a definitive response within this period. In this case, the Company may give a provisional response. It shall have a period of one (1) month from the day the Company received the communication to provide a definitive response.

20.2 The User accepts that the communications and notifications sent by the Company to the User may be shipped on a durable medium (understood as any instrument that allows the User to store the information for some time appropriate to the content of the information, and that lets the reproduction of such information without changes) by e-mail, through notifications from the Application and by sending SMS to the cell phone provided by the User.

20.3 Such communications and notices shall be deemed received and effective 24 hours after they are sent or published.

20.4 For any incident related to third-party applications where the TOPii Space is included, not associated with the TOPii Space or the Services, the User shall contact the entity or entities indicated in the terms and conditions governing the use of such third-party applications and by the provisions of such terms and conditions.

21. Language

21.1. These Terms and Conditions have been drafted in Spanish on an original basis. Suppose the Company may offer translations of these Terms and Conditions into other languages. In that case, it is expressly stated that such translations are provided for information purposes only and that, in case of a discrepancy between the Spanish version and the version in any other language, the Spanish version shall prevail.