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 conditionsmenu. 

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,