App Terms & Conditions USA-EN

Application Terms and Conditions

Legal Notice

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 Money Transfer Services are governed by the Gpspay Wallet Terms of Service of Global Payment Services Inc. and the personal data processing policy contained in the Gps Pay Wallet Terms of Service, which the User can consult here: https://www.termsfeed.com/live/1a058d6f-dcb8-4bca-9fd7-c0d95302c717, applies.

1.3. 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.

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

Subject to these Terms and Conditions

2.1. These terms and conditions (the «Terms and Conditions«), together with the General Terms and Conditions of the Gpspay Wallet Money Transfer Service of Global Payment Services Inc, the «Gps Pay Wallet Service Terms and Conditions,» which is governed by its terms and conditions and is available at
https://www.termsfeed.com/live/1a058d6f-dcb8-4bca-9fd7-c0d95302c717; both of which 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«):

a) Exchange messages in text and image formats with other users of The Application.
d) Money Transfer to a person designated as the recipient (the «Recipient«), who may receive it in his/her bank account or any other type of account (the «Money Transfer Service«) and which shall be governed by the Terms and Conditions of the Gps Pay Wallet Service. The Money Transfer may be funded by cash, bank card, or other digital means.

2.4. The User can consult the destination countries of the money transfer made through the Money Transfer Service in the Application when completing 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 Global Payment Services Inc.

Voluntariness of the registration in the Application

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) and
b) If applicable, the Terms and Conditions of the GPS Pay Wallet Service with Global Payment Services Inc. and its corresponding personal data processing policy form part of the same.

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«), and, if applicable, they will become the holder of a Wallet of Global Payment Services Inc, from which the Money Transfer operations offered by the Application will be carried out. The User may only have a single Profile even if they use several Applications.

3.4. Therefore, before registering for the Application, the User must carefully read these Terms and Conditions and the Terms and Conditions of the GPS Pay Wallet Service with Global Payment Services Inc. 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 and the Money Transfer Terms since they, as well as the contents and Services of the Application and the Establishments where the Services are available, may undergo modifications.

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.

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.

5.1.3. The preceding shall be without prejudice to:

a) Fees and commissions, if any, that may be outlined in the terms and conditions of the Gps Pay Wallet Service Terms and Conditions with Global Payment Services Inc. (as may have been agreed between the User and Global Payment Services Inc. when accepting the Gps Pay Wallet Service Terms and Conditions with Global Payment Services Inc. by registering with the Application) in connection with the Money Transfer Service.
b) That the entities in which the Receiver of the money transfer receives the payment may apply any commissions, charges, expenses, interest, or other costs for the receipt of the payment in the Receiver’s account.
c) The obligation of payment, if applicable, by the User and by the Recipient of the money transfer of any taxes, fees, or duties that may be applicable in connection with the use of the Services.

5.2. Currency of operations and currency conversion

5.2.1. In connection with payment transactions made based on the Money Transfer Service, payment by the User shall be constructed in U.S. Dollars. The User should be aware that the Recipient typically pays in the local currency of the destination country. However, it will depend on the currencies available in the destination country (which may be selected by the User through the Application when requesting the money transfer). Global Payment Services Inc. will apply, where applicable, the exchange rates, as outlined in the Money Transfer Terms, which will be displayed to the User before authorizing the money transfer in the Application.

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:

a) Your User profile will be created in the Application linked to the information entered by the User (the «Profile«) and
b) If applicable, you will automatically become an open wallet holder with Global Payment Services and a user of Global Payment Services Inc.’s money transfer service.

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 (including Global Payment Services Inc.) 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 of the Global Payment Services Inc.

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.

Restricting access, deactivation, suspension, or deletion of the User’s Profile, temporarily or indefinitely, will mean the same for the Global Payment Services Inc Wallet (and vice versa).

The preceding shall be without prejudice to any actions that Global Payment Services Inc., by the Terms and Conditions of the GPS Pay Wallet Service, may take in connection with the Money Transfer Service.

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 and Global Payment Services Inc.’s Wallet Terms).

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: topii.es/politicas-de-privacidad.html.
e) In case the User registers for the use of the GPS Pay Wallet and Money Transfer Services, that they accept and acknowledge, prior and expressly, without limitation, respectively: the entire content of the Terms and Conditions of the GPS Pay Wallet Service with Global Payment Services Inc., including its privacy policy for the treatment of personal data, which can be consulted here: https://www.termsfeed.com/live/8b69116a-bf54-4521-aac0-dd973530f39b
f) 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.
g) 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) and, if applicable, the Privacy Policy of Gpspay Wallet of Global Payment Services Inc. (including its data processing 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.

Means of Payment Supported in the Application

7.1. The means of payment accepted in the Application for using the Money Transfer Services are debit cards issued or opened in the User’s name, in US dollars, and cash in US dollars, which may be delivered in authorized establishments indicated in the Application.

7.2. In any case, the User may only use Payment Means owned by the User, valid and in force and under the User’s control, and which the User is entitled to operate in general and, in particular, for the use of the Services.

Money Remittance Procedure

8.1. Request and authorization of the payment order by the User

8.1.1. To use the Money Transfer service, the User must have logged into their Profile in the Application and made a previous request through the Application for using such Services, in which they must indicate that they wish to utilize the same.

In the case of the Money Transfer Service, you must also specify the details of the Money Transfer Recipient (who must meet the requirements described below), the delivery option, the currency selected for the receipt of the money, and the exact amount of money you wish to send (as well as, if applicable, any other data that may be required by the Application at that time).

8.1.2. If the Means of Payment allow their holder to carry out transactions without the need for solid authentication (for example, because a legal exemption applies) or other means of authentication (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 from time to time by the entity issuing the Means of Payment. Otherwise, according to the criteria set by the entity giving the Means of Payment, the User may be required for any transaction to perform a reinforced authentication, as established from time to time by the entity issuing the Means of Payment by the applicable regulations so that the User may have to perform a second 3D Secure (3DS) verification on the website or application of the issuer of the Means of Payment. With the confirmation of the strengthened authentication, the payment order is completed and sent to the Company through the Application.

8.1.3. The introduction of the User’s Password and credentials, the validation using reinforced authentication, the selection of checkboxes or pressing of icons with the terms «ok,» «accept,» «confirm,» or similar, or the approach of the Device to the Merchant’s point-of-sale terminals or other collection equipment, shall be considered the User’s contractual signature, shall be regarded as equivalent to a handwritten signature and with full legal effectiveness, and shall serve as proof of completion 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 deemed to have been received immediately by the Company, and cannot be canceled, is irrevocable by the User from the moment it is accepted by the Company (notwithstanding that the period of validity of the code to use, if applicable, the international transfer service at the Merchants may expire, as indicated below; and without prejudice, likewise, that the remittance of money made based on the Money Transfer Service may expire in case of failure of collection, as explained below), the User expressly authorizing the debiting of the amount corresponding to the payment transaction, including taxes, fees and commissions applicable with such authorization, in the payment instrument selected by the User. If the debit of the amount fails, we shall be authorized to attempt the debit one or more times in the same payment instrument.

8.2.2. If the User sends the Company a Money Transfer order containing 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 achieve it, regardless of the nature of the error, discrepancy, repetition or contradiction. In any case, neither the Company nor Global Payment Services Inc. shall assume any responsibility for errors, discrepancies, repetitions, or contradictions in the payment orders sent by the User, regardless of whether or not they are executed according to the provisions of this clause.

8.3. Validation and debiting of the operation

8.3.1. With such authorization, in case of use of the international transfer service, the Application will generate a code, which will have a maximum period of validity, that will allow the identification of the User and the Device from which the transaction is made through the Application. The code generated by the application will be scanned by the merchant’s point of sale terminal; otherwise, it will be entered manually or recognized by the system available to each merchant.

8.3.2. With such authorization, in case of the Money Transfer Service use, the application will generate a reference number that the Recipient will need (together with the relevant identification documentation, as described below) to collect the money. The transaction can only be considered authorized once the reference number has been provided.

8.3.3. Sending Money is subject to the condition that the Means of Payment and the Electronic Money Account (depending on where the payment transaction is funded from) are not canceled or blocked and have sufficient balance to carry out the corresponding transaction. If the Means of Payment and the Electronic Money Account is withdrawn or stopped, does not have a balance, or the balance is not sufficient for the complete execution of the transaction, the transaction will not be validated, and the Company will not be obliged to execute it, being the Company, the Merchant and Global Payment Services Inc, exempt from any liability for damages that may occur due to the non-execution of the transaction.

8.3.4. Therefore, the Company will validate the transaction if the User has sufficient funds available and will proceed to debit the User’s transaction amount from the Payment Method or the Electronic Money Account designated by the User.

It is expressly stated that the Money Transfer Service payments 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, commissions, and fees) in the Means of Payment or the Electronic Money Account that he/she has designated, by the provisions of these Terms and Conditions, regardless of whether it has been authorized by the User or any third party with access to his/her Device, Application, Electronic Money Account and Means of Payment (without prejudice to the application of the assumptions of exemption of liability in this case that may be provided for in the Terms and Conditions).

8.3.6. The value date of the charge to the Means of Payment or the Electronic Money Account maybe after the time at which the amount of the payment transaction is debited.

8.3.7. Once the transaction has been validated by the Company, in the case of international transfers, the Establishment’s cashier shall receive the cash to be deposited by the user.

8.3.8. Once the Money Transfer Service transaction has been validated by the Company, Global Payment Services Inc will send the money to the Recipient, to the account specified by the User in the Application, by the terms and on the other conditions contained in Global Payment Services Inc’s Money Transfer Terms, which will depend (among others) on the delivery option selected, the availability of the option and the specific characteristics of the Money Transfer.

The User shall notify the Recipient that the remittance has been made and is ready for collection. Likewise, the User must ensure that the provided information of the Recipient and the reference number of the money transfer transaction is not disclosed to any third party or made available to the public (except to the designated Recipient) and will hold the Company and Global Payment Services Inc harmless if such information comes to the knowledge of any third party other than the Recipient.

8.4. Additional requirements to be met by the Recipient

The User shall ensure and shall be solely responsible that the Recipient is someone known to the User and that the purpose behind the money transfer is not in violation of these Terms and Conditions, the Global Payment Services Inc. Gpspay Wallet Account Agreement and the Gps Pay Wallet Service Terms and Conditions, and is not a scam or fraud.

The information entered by the User in the Application regarding the Recipient must be true, accurate, and current. It may not contravene the provisions of these Terms and Conditions, the Global Payment Services Inc: electronic Money Account Agreement, and the GPS Pay Walletde Service Terms and Conditions.

The User must ensure that the Recipient meets the requirements outlined in these Terms and Conditions, the Global Payment Services Inc. Gpspay Wallet Account Agreement, and the Gps Pay Wallet Service Terms and Conditions to be a «Recipient» for the Money Transfer Service.

Without limiting the preceding, the Company and Global Payment Services Inc. shall have the right to authenticate and verify information provided by the User about the Recipient, to make inquiries to third parties about the Recipient, and to request from the User any other information that may be necessary for such authentication and verification.

The User shall be solely responsible for the Recipient’s compliance with the provisions of these Terms and Conditions, the Global Payment Services Inc. Gpspay Wallet Account Agreement, and the Gps Pay Wallet Service Terms and Conditions, and shall hold the Company, Global Payment Services Inc. and any third party harmless from any liability, damages, penalties, surcharges or losses that may arise from any failure to comply in whole or in part with the preceding.

8.5. Blocking or refusal of the execution of any payment order

8.5.1. The Company reserves the right to block or refuse the execution of any payment order in case of suspicion, for objectively justified reasons, of irregular, unauthorized, fraudulent, unlawful, or otherwise contrary to these Terms and Conditions (as well as the Gpspay Wallet e-Money Account Agreement of Global Payment Services Inc and the Terms and Conditions of the Gps Pay Wallet Service, as well as in case the Company would require additional controls and verifications in connection with a transaction, which would prevent its immediate execution.

Notwithstanding the preceding, the execution of the payment order may also be delayed if the Company requires additional controls and verifications in connection with a transaction, preventing its immediate execution.

8.5.2. The Company shall not be obliged to disclose to the User the reasons for this, unless required by law, in which case, the Company shall inform the User before blocking or denial, indicating the procedure for rectifying any factual errors that may have caused it; if this is not possible, the Company shall inform the User immediately after that. 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 contrary to any regulatory provision.

8.5.3. The Company, Gpspay Wallet of Global Payment Services Inc., and the Merchant 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 operations. Exchanges and returns

8.6.1. The Company, at the user’s request, may deliver proof of the transaction of purchase of products or services made through the Payment Service within a reasonable period.

Notwithstanding the preceding, the User may consult, at any time and free of charge, the information on its history of operations and each specific operation carried out through the Application.

8.6.3. Money transfers authorized by the User in using the Money Transfer Service may be canceled by the User through the Application by request to support if the Recipient has not received it on his account or has not yet picked it up. In this case, neither the Company nor Gpspay Wallet of Global Payment Services Inc. will refund the User any commissions, costs, fees, and other charges applicable to the relevant transaction, but only the remittance amount.

8.7. Maturity of money remittances

8.7.1. Money transfers based on the Money Transfer Service shall be deemed to have expired in the event of non-collection by the deadlines established for this purpose in the Terms and Conditions of the GPS Pay Wallet Service.

8.7.2. Once the remittance is overdue, Gpspay Wallet of Global Payment Services Inc shall have no right to deliver the money, and the Company or Global Payment Services Inc will attempt to contact the User so that the User can obtain a refund of the undelivered amount. In no event shall any such refund be a refund to the User of any commissions, costs, fees, or other charges applicable to the relevant transaction, but only the amount of the remittance. Refunds will be made in dollars using the same payment instrument to create the money transfer.

Limits to Services

The provisions of this clause shall be without prejudice to the provisions of any other part of these Terms and Conditions and the Terms and Conditions of the GPS Pay Wallet Service.

Relationship with third parties

10.1. The Company assumes no liability concerning any incidents that may arise between the User and the Money Transfer Recipient. If the User uses the Money Transfer Service as a consumer and user, the User expressly acknowledges and accepts that: (i) they are utilizing the Money Transfer Service at their own risk; (ii) (iii) the Company is not responsible for any incidents arising between the User and the Recipient in connection with the purchase or the products and services purchased; and (iv) the Company does not intervene either as a buyer or as a seller in these transactions.

10.2. Likewise, the Company shall be exempt from liability for any incidents between the User and the entity issuing the Means of Payment. 10.3. The Company assumes no liability whatsoever for the compliance of Global Payment Services Inc. with its obligations by the provisions of the Terms of Money Transfer.

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

Modification of User Information

11.1. 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.

11.2. 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.

11.3. 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.

11.4. 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.

Safety rules and profile locking

12.1. Safety standards to be complied with by the User

12.1.1. Observing the following safety rules to use the Services without risk is essential. The Company, Global Payment Services Inc., and the Merchants shall be exempt from any liability arising 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, 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.

12.1.3. 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.

12.1.4. 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.

12.1.5. 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.

12.1.6. 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.

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

12.1.8. 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.

12.1.9. The preceding shall be without prejudice to the User’s obligations to communicate any incident detected to the competent authorities, to Global Payment Services Inc., the banks issuing the Means of Payment. According to the applicable legislation and, if appropriate, its telecommunications provider, the terms and conditions subscribed by the User with the corresponding counterparty (including, but not limited to, the Gpspay Wallet Terms and Conditions of Global Payment Services Inc.

12.2. Blocking of the Profile by the Company

12.2.1. 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.

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

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

12.2.4. The preceding shall be without prejudice to any actions that Global Payment Services Inc., by the Gpspay Wallet Terms and Conditions, may take in connection with the Money Transfer Service.

Use of the Application by the User

13.1. 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.

13.2. 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.

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

a) Ordering any payment order using the Services, the Application, its contents, and any information obtained from or through the Application for purposes contrary to law (including, but not limited to, legislation against tax fraud, money laundering, and terrorist financing), morality and generally accepted public morality, or otherwise contravening the Gps Pay Wallet Service Terms and Conditions.
b) 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.
c) 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.
d) 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.
e) 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.
f) 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.
g) 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 or the Gpspay Wallet Terms and Conditions of Global Payment Services Inc.
h) Engage in any conduct that may harm the interests and rights, or the good reputation, of the Company, Global Payment Services Inc., the Merchants, or any other third parties.

13.4. 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.

13.5. 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.

13.6. The User releases and shall indemnify and hold harmless the Company and any third party (including Merchants and Global Payments Services )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, the Gpspay Wallet Terms and Conditions of Global Payment Services, accountants, experts, surveyors or other professionals) that may arise for them as a result of the User’s breach of the Terms and Conditions, the Gpspay Wallet Terms and Conditions of Global Payment Services Inc and any law or third party right, or as a result of the User’s use of the Application, its content or the Services.

Unauthorized payment transactions

14.1. The User shall check through the Application that all payment transactions executed in his User Profile are correct and other errors in the transaction history.

14.2. If an unauthorized payment transaction is executed, or a payment transaction is executed incorrectly, or the User detects any other error, the User shall notify the Company as soon as he/she becomes aware of it, without undue delay and, in any case, within 24 hours from the time he/she becomes conscious of it.

14.3. For the above purposes, the User may communicate with the Company through the following channels: – operations@topii.com

14.4. The Company shall be liable for the refund to the User of the amount of an unauthorized or incorrectly executed payment transaction, except in any of the following cases:

a) When the User has acted fraudulently or unlawfully or has breached these Terms and Conditions or the Terms and Conditions of the GPS Pay Wallet Service.

In this case, the User shall bear all losses related to unauthorized or improperly executed payment transactions.

c) When there has been a theft, robbery, robbery, loss or misuse of the Device, the Means of Payment 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 for the use of the Application, the Means of Payment, and the User does not notify the Company in the manner and within the deadlines outlined in these Terms and Conditions.

In this case, the User shall bear all losses related to unauthorized or incorrectly executed payment transactions.

d) When there has been a theft, robbery, robbery, loss or misuse of the Device, the Means of Payment 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 for the use of the Application the Means of Payment, and the User does notify the Company in the manner and within the deadlines outlined in these Terms and Conditions.

In this case, the User: (i) shall bear the losses before the time of notification up to a maximum of US$50 (any excess loss over such limit shall be borne by the Company unless, by operation of law, it is borne by another party, such as Global Payment Services Inc. or the issuer of the Payment Means); and (ii) shall be exempt from liability for misuse or fraudulent use of the Application made after notification to the Company.

The provisions of the preceding paragraph shall apply unless the User has acted with intent or negligence (understood as such, by way of example but not limitation, the total or partial breach of any of its obligations based on these Terms and Conditions and in particular, but not limited to, those contained in the clause «Security Rules and Profile Lockout,» as well as in the Terms and Conditions of Gpspay Wallet of Global Payment Services Inc, in which case the User shall bear all losses relating to unauthorized or improperly executed payment transactions (both before and after the time of notification to the Company), without limit.

e) If at least thirteen months have elapsed between the debit date and when the User has informed the Company of the unauthorized or incorrectly executed payment transaction.

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

Responsibilities of the Company

15.1. 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.

15.2. 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.

15.3. 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) How the User uses the Application, its content, the Services, the Electronic Money Account, the Means of Payment, or the linked or hyperlinked sites.
b) 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.
c) 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.
d) For any content, information, or opinion in the Application, including those published by other Users, Global Payment Services Inc., or the Merchants, 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.
e) The acts and omissions of third parties, including Global Payment Services Inc., Merchants, issuers of Payment Means, and other Users, regardless of whether they have a contractual relationship with the Company.
f) 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.
g) 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.
h) 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.
i) Errors and incidents may arise in communications, their elimination, or incomplete transmissions since the Company cannot guarantee that the Application will always be operative.
j) 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.
k) Errors and damages caused in the Application by inefficient or bad faith use by any User.
l) 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.
m) 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).
n) Discrepancies that may arise between the version of its printed documents and the electronic version of the same published in the Application.
o) 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.

15.4. 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.

15.5. 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 Electronic Money Account Agreement or the Global Payment Services Inc Gps Pay Wallet Service Terms and Conditions). The Company reserves the right to take appropriate legal action to prevent such conduct or as a consequence.

Resolution

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 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.

16.1.3. The cancellation of the Profile will also imply the termination of the Terms and Conditions of the GPS Pay Wallet Service of Global Payment Services Inc.

16.2. Resolution 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 case the User breaches these Terms and Conditions or the Terms and Conditions of the GPS Pay Wallet Service, (ii) for security reasons, (iii) in case of reasonable suspicion of fraudulent, unauthorized or illegal use, (iv) in case of termination of the Gps Pay Wallet Service by Global Payment Services Inc. terminates the Gps Pay Wallet Service Terms and Conditions (regardless of the circumstances of such termination), and (v) if provided by applicable law or any other provision of these Terms and Conditions.

16.2.2. 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.

16.2.3. The provisions of this clause shall be 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 Gpspay Wallet. About the balance that may be available in the Gpspay Wallet, the provisions of the Terms and Conditions of the Gps Pay Wallet Service shall apply.

16.3. Execution of operations and liability in case of cancellation

16.3.1 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.

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 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.

17.2. 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.

17.3. 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, including those relating to the Merchants, and Global Payment Services Inc. ) (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.

17.4. 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.

17.5. 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.

17.6. 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.

Personal data

18.1. 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.

18.2. 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.

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

18.4. 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.

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

18.6. In addition, the User is reminded that the personal data processing policy of Global Payment Services Inc., regulated in the Money Transfer Terms, will also apply to the Money Transfer Service (which the User must accept before registration and use of the Application), and which can be consulted at

https://www.termsfeed.com/live/1a058d6f-dcb8-4bca-9fd7-c0d95302c717

Cookies

19.1. 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.

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

Linked links

20.1. 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.

20.2. 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.

20.3. 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.

20.4. 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.

20.5. 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.

Modification of Terms and Conditions

21.1. 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.

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

21.3. 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.

21.4. 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.

21.5. 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.

21.6. Likewise, the User is reminded that the Terms and Conditions of the GPS Pay Wallet Service may also undergo modifications by their provisions. Therefore (and without prejudice to what is established in such agreements), the Company recommends the User periodically read the Terms and Conditions of the GPS Pay Wallet Service.

Waivers and nullity

22.1. 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.

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.

Assignment

23.1. 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.

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.

Applicable Law and Jurisdiction

24.1. 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.

24.2. 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.

Complaints, communications, information and consultations

25.1. 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 (15) 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.

25.2 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.

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

25.4 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.

Language

26.1. 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.