General Conditions • Terms of Service

Identifying data of the operator of the services
Tax Identification Number: B66039488,
c/ Ciutat de Granada 22, 08005 Barcelona
Registered with the Barcelona Mercantile Registry, in volume 43773, sheet 133, and page B437896

1. Access to and use of services offered by Citibeats

1.1. Accessing the Platform
These general conditions (hereinafter, the "General Conditions") regulate the access and use of the platform offered by CITIBEATS through its virtual platform (hereinafter, the "Platform"). Through this Platform, CITIBEATS, provides the users with information of its services and activities (hereinafter, the "Service").

1.2. Acceptance of General Conditions and of Specific Conditions where Applicable
Access to the Service requires acceptance of these General Conditions by Users, and as a result we ask that Users read them carefully before using the Service. If you do not accept these General Conditions, we ask that you abstain from using the Platform and its content. The access to the Platform and some of the related services may be subject to specific conditions which CITIBEATS may establish at any given moment. These conditions may complete, amend or substitute the General Conditions, as the case may be. Hereinafter, any such conditions, or any other specific conditions from other services offered by CITIBEATS at any given moment, will be referred to as "Specific Conditions.
In addition, CITIBEATS hereby informs Users that these General Conditions and any Specific Conditions, where applicable, may be adapted or modified at any time without prior notification. As a result, the User will have to read and accept any new versions of the General Conditions and, where applicable, the Specific Conditions.

1.3. Capacity
The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Conditions and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.

1.4. Social Media and Third-party Platforms
If Users connect their CITIBEATS account with another account of theirs on a social media or third-party platform, it thereby authorizes CITIBEATS to make use of the information that the User publishes through said social media or third-party platforms, which, in turn, have made available to CITIBEATS, in accordance with the privacy policy and other aspects that are applicable to the social media or third-party platforms in question. In order to obtain more information regarding how to manage the information provided to CITIBEATS through the corresponding social media or third-party platform, please consult the privacy settings applicable to those accounts.
Should the User share or publish content on a social media or third-party platform through the Service, they must agree to comply with all terms of use, policies and guidelines established by the corresponding social media or third-party platform in relation to the stated content. Users also accept that they have sole responsibility for any complaints that may result from their having published or shared any sort of content on any social media or third-party platform.
CITIBEATS will not be responsible for the actions or omissions of social media or third-party platforms regarding the User’s account therein.

2. Price and payment conditions of the services

2.1. In the event that the Services offered by CITIBEATS is subject to the payment of a price, the User undertakes to pay CITIBEATS said price (hereinafter, “Price“) in full compliance with any payment conditions and other requirements established to that end.

2.2. CITIBEATS shall have no obligation to provide the Services if the User has not paid the full Price or does not comply with the General Conditions or Particular Conditions of the Services.

2.3. In the event that the User fails to comply with his obligations regarding the Price and the General Conditions or Particular Conditions of the Services, CITIBEATS reserves the right to suspend the Services or terminate the contractual relationship with the User.

3. Citibeats’s responsibility regarding information contained on the platform

3.1. Operation of the Platform
CITIBEATS does its best to keep the Platform in good working order, avoiding errors or repairing them when necessary, and keeping Platform content up to date. Nevertheless, CITIBEATS does not guarantee the availability and continuity of access to the Platform, or the absence of errors in its content; neither does it guarantee that these will always be updated in a timely fashion. The User accepts this and shall undertake to exercise maximum diligence and prudence when accessing and browsing on the Platform, or when using the content, information and services available therein.
In addition, CITIBEATS is not responsible for any damage to Users’ software or hardware as a result of their use of the Platform.

3.2. Amendments to the information on the Platform
CITIBEATS reserves the right to amend, delete or update the information contained on the platform, its configuration or presentation at any time and without need for prior warning.

3.3. Platform Content
Users are committed and undertake not to use the information available on the Platform in any way that may constitute a violation of regulations or that may be contrary to common decency or morality or to the image and good professional name of CITIBEATS and its collaborators.

CITIBEATS shall not be held responsible for the possible consequences that may result from any inappropriate use or negligence on the part of Users regarding such content.

3.4. Use of information on the Platform
Both access to the Platform and the use of any information contained therein are the sole responsibility of the User. As a result, CITIBEATS is not responsible for any damages, whether direct or indirect, which may arise from access to or use of the information contained on the Platform.

In addition, CITIBEATS is not responsible for any damage to Users’ software or hardware as a result of their use of the Platform.

3.5. CITIBEATS’s Damages Disclaimer
In addition to what has already been stated, and to the extent permitted by Law and excluding what may be stated elsewhere in the remaining General Conditions or Specific Conditions, under no circumstances will CITIBEATS be responsible for personal damages, whether accidental, special, direct or indirect, including but not limited to damages for loss of profits, loss of data, interruption to business or any other commercial damages or losses related to the use or unavailability of the application, whatever the cause may be, and regardless of the theory of responsibility (contractual, extra-contractual or of any other type), and even if the User or Reviewer has been warned of the risk of such damages.

4. User responsibility

4.1. The User is aware of and willingly accepts that it is exclusively responsible for the use it makes of the Service. As a result, it will be responsible for any damages of any nature that CITIBEATS may suffer as a result of a failure to comply with any of the obligations which the User accepts as a result of these General Conditions, Specific Conditions, the Privacy Policy or any legislation applicable to the use of this Service.

5. Policy regarding hypertext links

5.1. CITIBEATS is not responsible in any way for the use or content of hypertext links to third-party websites, nor does their existence imply that CITIBEATS endorses, agrees with, guarantees or recommends the linked websites.

5.2. In addition, third parties who intend to use a hypertext link leading to CITIBEATS’s website must first obtain prior, express, written consent from CITIBEATS. Either way, CITIBEATS does not accept any manner of responsibility arising from the use or content of third-party hypertext links.

6. Privacy and commercial correspondence policy

6.1. Both at the time of registration and in the event that, while browsing, asking questions, making requests or conducting simulations through the Platform, the User provides us with information of a personal nature, the provisions of CITIBEATS’s Privacy and Commercial Communications Policy, which will have to have accepted beforehand, will apply.

7. Industrial and intellectual property

7.1. All Platform content (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files) is the property of CITIBEATS or of its content providers, and in the latter case, they have been licensed or transferred by said providers, and are protected by Spanish and international law regarding industrial and intellectual property. The compilation (meaning collection, design, organization and preparation) of all the Platform content is the exclusive property of CITIBEATS and is protected by applicable regulations regarding intellectual and industrial property.

7.2. All software involved in the use and development of the Platform is the property of CITIBEATS or of its software providers, and is protected by industrial and intellectual property laws.

7.3. The brands, signs, identifying symbols or logos that appear on the Platform are the property of CITIBEATS or of its content providers, and have been duly registered or are in the process of being registered. The names of other products, services and companies that appear in this document or on the Platform may be brands or other registered identifying symbols of their respective and legitimate owners.

7.4. All texts, images, videos or audio media are the property of CITIBEATS or of its content providers, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the User or by third parties without the express authorization of the owners of the content in question.

7.5. Under no circumstances does the provision to Users of access to databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files that are the property of CITIBEATS or its content providers included on the Platform, constitute the transfer of their property rights or the granting of the right to use them to the User, apart from what is strictly necessary for their use as intended as part of the Service.

7.6. Any use of Platform content without the authorization of CITIBEATS is expressly forbidden, including its exploitation, copying, publication, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial reproduction. Any of these will constitute violations of CITIBEATS’s intellectual property rights, and will be punishable under applicable legislation.

8. Licence of use of the platform

8.1. CITIBEATS grants the User a right or license for use, not to sell, for the use of the Service through the Platform, to which the terms included herein shall apply (hereinafter, the “Licence”). CITIBEATS reserves any rights not expressly granted.

8.2. The Licence for the use of the Service through the Platform is a non-transferable licence for the use of this Platform on any compatible device the User possesses or controls, in accordance with what is permitted in the regulations established in these General Conditions. This Licence does not allow the User to use the Platform through other devices that the User does not possess or control, and Users will not be permitted to make the Platform available or distribute it on a network so that it can be used by multiple mobile devices at the same time.

8.3. The User may not rent, lease, borrow, sell, redistribute or sub-license the Platform. The User may not copy, disassemble, reverse engineer, decompile, attempt to identify the source code thereof, modify or create employment derived from the Platform, any of its upgrades, or any part of it (excepting where this restriction is limited by applicable laws or by any of the terms of the license of use of any of the open source components included in the License). Any attempt to do so will constitute a violation of the rights of CITIBEATS. Should the User fail to comply with these restrictions, it may result in legal action being taken against them, and the obligation to pay for damages. The terms of the License also cover any updates carried out by CITIBEATS that substitute and/or complement the Service, unless that update includes an individual license, in which case the terms of that license will apply.

8.4. The License will remain in force until it is terminated by the User or by CITIBEATS. The rights granted under this License will be revoked without prior warning should the User fail to comply with any of the terms of the General Conditions, Specific Conditions or the Privacy Policy. Upon termination of the license, the User will be obligated to cease using the platform and to uninstall or destroy any total or partial copies thereof.

9. Accessing the platform from mobile devices

9.1. All terms put forth in these General Conditions will be applicable to any use of the Services by the User using a mobile telephone, other mobile devices or computer devices that enable access to the Platform.

9.2. To this end, the User is hereby informed that CITIBEATS does not charge for mobile access to the content or services of the Platform, but that User’s telephone service provider will apply whatever charge was agreed upon for receiving and sending data.

9.3. CITIBEATS is not responsible for any of the restrictions that the telephone service provider may apply and that may result in the content or services offered on the Platform not being easily accessible.

10. Severability

10.1. If any Clause of the General Conditions or Specific Conditions is deemed invalid or unenforceable, in whole or in part, such invalidity or unenforceability will only affect such provision or the part thereof that is deemed invalid or unenforceable, surviving in force the rest of the conditions, and considering the affected provision or the part affected by it as not included.

11. Applicable legislation and jurisdiction

11.1. Access to and use of the Service will be governed by and interpreted in accordance with Spanish legislation.

11.2. Any dispute that may arise between CITIBEATS and Users will be settled by the Courts of Law of the City of Barcelona (Spain), and both parties expressly waive any right to any other jurisdiction they may be subject to.