TERMS AND CONDITIONS OF USE FOR USERS
Welcome to BALANZEA owned by BALANZEA SL with NIF B16987901 and address at JUAN ESPLANDIU 3, 14D, 28007, MADRID, registered in the Mercantile Registry with Volume .............., Folio .............., Section .............., Sheet .............. and Registration .............. This company owns the domain www.balanzea.com and the mobile application BALANZEA (hereinafter the APP).
You are reading the Mobile Application Terms and Conditions of Use which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the platform, our services and related products.
The terms form a legally binding agreement between you and us. Please take the time to read them carefully.
1.1 Acceptance of terms
The access and use of BALANZEA gives you the status of user (hereinafter, "User/s" or "You" indistinctly) and implies knowledge and acceptance of all the conditions included in these Terms and Conditions of Use. Likewise, you declare to be of legal age (+16) and to have the necessary legal capacity and capacity to act.
By registering with the APP, you acknowledge that you are aware of these Terms and Conditions, accept them and agree to be bound by them. This shall be equivalent to your handwritten signature for all purposes. Consequently, if you do not agree with the full content of the Terms, you must not register or use the APP.
1.2. Changes in terms
The waiver by either party of any breach or default by any other party shall be effective only when in writing and signed by the waiving party. Such waiver shall not constitute a waiver of any other rights arising from other breaches hereunder.
If any provision hereof shall be declared invalid, in any jurisdiction, such provision of the relevant jurisdiction shall apply so as to render the provision declared invalid ineffective to the extent of the prohibition, invalidity or unenforceability, without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
BALANZEA may not assign or transfer any of its rights or obligations hereunder in its sole discretion without notice.
OBJECT OF THE APP
This application called "BALANZEA" is a mobile application that allows users to round up their card payments to the next euro to donate it to one of the non-profit organizations that collaborate with BALANZEA.
The application could be considered within the category:
- Donations to NGO's and/or charitable organizations
BALANZEA is aimed at those persons over 16 years of age and who do not have limited or restricted capacity to act.
BALANZEA informs that it is available in Spanish.
1.4. Use of BALANZEA
In order to use the functionalities of BALANZEA it is necessary to register as a User in our APP.
- First you must download the APP and create an account or log in with your phone number.
cell phone with the subsequent sending of the code to access the application.
- You can then register by entering your name, surname, e-mail address, date of birth and the code request sent to your phone.
The use of the application and its content is entirely voluntary and under the responsibility of the users. BALANZEA expressly reserves the right to require users to prove their age and other information to verify their identity in order to prevent access to the Application to unauthorized users.
In order to guarantee and protect the security of your account, it is mandatory to fill in the following fields in your personal profile: name, surname, email and date of birth.
In case of not providing any of the required data in the forms, the registration process will not be completed in BALANZEA and consequently the User will not be able to register.
BALANZEA informs that it has a password reset system, from the same APP. By indicating an e-mail address, the application will facilitate the password reset by the users.
Access to and use of the application by users may only be made through the means and procedures made available to them. Access to the application will be made via user identification and a personal and non-transferable password that the user agrees not to share with third parties.
THE USER ACKNOWLEDGES AND AGREES THAT
a) This APP grants a non-exclusive, limited, non-transferable and revocable license for the use of the service, and the User must use it exclusively for personal, non-commercial and non-entertainment purposes. BALANZEA reserves all rights not expressly granted in the service or in its Terms and Conditions of Use. BALANZEA may terminate this license at any time without cause.
b) BALANZEA is not responsible for the content of any third party advertising, nor the content of any website or other materials that may be linked to advertising by third parties, being the responsibility of the User the visualization of the same.
OBLIGATIONS OF USERS
You may only use the APP and/or the Services if the requirements below are met:
a) Access to BALANZEA and/or the Services, or portions thereof, may require the device to be connected to the Internet or require other third party services.
b) The User must comply with the terms of the applicable third party when using the Services. In addition, the User is responsible for ensuring that the installation and use of the APP does not exceed any data usage quotas or other limitations that may apply to its Internet service or other services purchased from third parties.
THE USER AGREES THAT HE/SHE MAY NOT
a) Use or promote the use of any cheats, modifications, exploits or by other unauthorized means to interfere with, or obtain an undue advantage in the use of, the APP and/or the Services.
b) Attempt to disrupt the normal operation of the PPP, or any other infrastructure operated by the PPP, or any other infrastructure operated by the PPP. BALANZEA.
c) Attempting to gain unauthorized access to the APP.
d) Make any automated use of the APP.
e) Impersonate another person in the use of the APP, or
f) Use the PPP in connection with the violation or attempted violation of any applicable law.
SCOPE OF APPLICATION
BALANZEA is available for download in Spain, as well as any country that has been enabled.
For the use of the application service, the express consent of the User is required, as well as the
compliance with these terms and conditions and the laws applicable thereto.
OBTAINING BALANZEA THROUGH DIGITAL STORES
If the APP was obtained through any digital store the User and BALANZEAacknowledge and agree that:
a) This document is between the User and BALANZEA only, and not with the digital stores, being the only responsible for the APP and its content the company.
b) Digital stores have no obligation to provide maintenance and support services in connection with the APP, whether under these terms and conditions of use or other applicable law.
c) BALANZEA and not the digital stores, shall be responsible for dealing with complaints from the User or any third party in relation to the APP, including but not limited to:
1.Claim of responsibilities for the services offered in the APP.
2. Any claim in the event that the PPP does not comply with any applicable legal or regulatory requirement.
3. Claims relating to consumer protection or similar legislation.
4. In the event of any claim by any third party relating to infringement of intellectual property rights in connection with the APP or its possession or use, BALANZEAand not the Digital Stores, shall be solely responsible for the investigation, defense, and prosecution of any such claim.
5. Digital stores and/or their affiliates shall be third party beneficiaries of this document.
6. Upon acceptance of this document, Digital Stores shall be entitled to enforce the same as a third party beneficiary.
DOWNLOAD OF BALANZEA
BALANZEA is a free cross-platform application, which is available in the Apple Store and Google Play.
This allows communications to be managed independently of the device from which it is accessed. Unique credentials are used.
In general, the download of the APP and/or the functionalities foreseen or that in the future may be allowed through the APP, will be free of charge, notwithstanding the fact that the connection and navigation that, if applicable, you make, will be billed by your operator according to the tariff you have contracted.
We reserve the right to add new payment features and update these Terms and Conditions accordingly, BALANZEA reserves the right to add new payment functionalities with the consequent update of these Terms and Conditions.
FUNCTIONALITIES WITHIN BALANZEA
This application called "BALANZEA" is a mobile application that allows users to round up their card payments to the next euro to donate it to one of the non-profit organizations that collaborate with BALANZEA.
The application allows you to manage:
a) The selection of the non-profit organizations with which the user wants to collaborate economically. It is important to take into account that once the rounding has been made to those entities that have been chosen, the amount cannot be returned. At any time it will be possible to add and/or delete the entities selected at the beginning.
b) Consult the corresponding tax deduction for the contributions made.
c) Automated cash accumulation methodologies by rounding up card payments made by the user to the nearest euro, which will be withdrawn from the user's authorized account at the end of each day.
d) Share an invitation link to new users.
e) Change your personal data and bank accounts.
The virtual payment accounts are created through a payment service provider and safeguard the funds received for future donations. BALANZEA The virtual payment account will withdraw, through a virtual POS, the amounts selected by the user at the end of the day and will accumulate the amounts to be sent to the non-profit organizations within the term agreed with them.
The provider of the payment service that allows access to users' banking transactions is TINK and the virtual POS that allows users' accounts to be debited belongs to Banco Sabadell.
In the event of errors in the User's monetary balance in the APP that result in monetary damage to BALANZEA SL and/or other Users, whether due to technical or operational errors generated by the Application, or due to incorrect, illicit or fraudulent use of the APP by the User, the User agrees to return the money necessary to balance the error.
In case of error, the amounts in question will be charged to the User's credit card and the User will be notified of the reasons for such charge. Therefore, by accepting these Terms and Conditions the User expressly authorizes BALANZEA to charge the bank card linked to the application for any outstanding amounts.
BALANZEA gives all Users the opportunity to contribute financially to an entity hosted on the APP. These contributions will be made by rounding up to the next euro of the payments made with the bank card linked to the User's profile. Rounding does not occur in other movements linked to the User's bank account and is limited only to card payments.
With respect to the Contributions, the User should be aware of the following:
- The Contribution that any User wishes to make shall be considered as a donation and the user may request the corresponding donation certificate.
- All contributions are linked to a collaborating entity of BALANZEA that the user will choose within the platform. BALANZEA makes available to users of the APP different non-profit entities with which they can collaborate and that meet the transparency requirements required by BALANZEA. However, the user must make sure that he/she agrees with the activities of the chosen entity. BALANZEA The APP will inform users of the destination of the donations according to the information provided by each of the entities. BALANZEA is not responsible for the bad practices of the selected entities.
- BALANZEA will allocate the totality of the contribution to the organization indicated by the User. However, although the contribution has no cost for the User, he/she should be aware that the beneficiary organization will have to pay the following amounts after the transfer of the funds to BALANZEA :
TINK: access to bank transactions.
Banco Sabadell Virtual POS.
- The contributions will be transferred in full to the beneficiary organizations as agreed with each of them and always within three months.
- BALANZEA uses Open Banking platforms, so PSD2 regulations are taken into account at all times.
As this is a donation, the User will not be able to recover the amounts donated once they have been delivered to the organization in question. Therefore, in the event that a User makes a mistake when making the donation (for example: choosing the undesired beneficiary institution) or would like to request a refund, he/she will be asked to:
o Request the refund in writing and;
o Prove by means of a bank receipt that the donation has been made.
The amount credited will be refunded only in the event of verification of the true identity of the recipient. In any case, the User requesting the refund shall be responsible for paying the fees charged by the payment service provider. The non-registered User may only make occasional contributions.
INFORMATION ON THE PROCESS FOR MAKING CONTRIBUTIONS
The donation will be made through a payment gateway managed by a third party provider and following the process indicated below:
a) Step 1: Select the Sustainable Development Goal(s) and therefore the entity or entities with which you want to contribute.
b) Step 2: Every time you make a card payment, the application will automatically round up to the next euro (1.25€ = 2€).
c) Step 3: The application makes a single daily charge in the user's bank card account, adding the total of roundings occurred in the previous 24 hours. So if a User has paid twice in one day (for example 3,30€ and 20,50€ + 1,01€ + 2,73€) the application will automatically add the roundings of the day (0,70€ + 0,50€ + 0,99€ + 0,27€) and will make a single charge in the User's account at the end of the day. BALANZEA establishes a minimum charge of 3,5€ so if the rounded amount in the day is lower than this, it will be accumulated for the next day.
d) Step 4: To request the corresponding donation certificate, it is necessary to send, before the end of the fiscal year, the User's fiscal data to firstname.lastname@example.org. In spite of the fact that BALANZEA will send communications requesting such data to the Users, it is the User's own responsibility to bring them to the attention of BALANZEA.
e) Step 5: The entity selected by the user will send the corresponding donation certificate within the term established by the legislation in force.
LINKS TO THIRD PARTIES
BALANZEA informs users that the APP may contain links to other websites outside the APP, so it will not be responsible for the processing of personal data provided by the User on those websites. BALANZEAThe APP will not be responsible for the processing of personal data provided by the User on those websites. Consequently, we recommend that you review the privacy policies of those sites.
The use of the application and its content is entirely voluntary and under the responsibility of the users.
You agree to keep your access credentials secret, as well as to implement the necessary procedures to maintain their confidentiality and prevent their unauthorized use. In the event that you believe or have reason to believe that an unauthorized third party has had access to your credentials, you must notify us of such circumstance, assuming all responsibility derived from the proper use and/or handling of the same until receipt by us of such notification.
The APP is an online service of BALANZEA SL. An Online Service is any electronic service available to customers and users of BALANZEA SL, which requires access credentials for use. We are talking about services accessible through web pages, mobile applications or similar that require registration.
In order to create a User account and to use this service, it is essential to process your personal data.
The download and use of the APP implies the processing of personal data of users by BALANZEA SL as owner of the APP.
1.6 User account security
On your part, as a User you will be responsible for:
- Check that the software is compatible with your Device and its operating system, and you assume any damage that the use of the software, including its installation, may cause to it.
- The security of the Devices you use to access the APP, to ensure the confidentiality and privacy of your data.
- Any damage or harm you cause, to yourself or a third party, by using the APP through a Device.
- The truthfulness, accuracy and authenticity of the data provided at the time of registration, as well as having them correctly updated.
- The proper storage and custody of your user name, password and/or security code, avoiding the access of such data to third parties.
- To inform BALANZEA immediately of the loss, theft, misappropriation or unauthorized use of your access data to the APP, as well as, in general, of any event that could compromise the security of the APP.
- To maintain the confidentiality of your username and password that you designate during the registration process, and you are solely responsible for all activities that occur under your username and password.
You understand and agree to immediately notify APP of any unauthorized disclosure or use of your username or password or any other breach of security known to APP, at the email address: email@example.com.
To protect the integrity and security of the Service, BALANZEA SL reserves the right, at any time, at its full availability, to block certain IP addresses of users from accessing the Service.
BALANZEA is not responsible for the veracity, integrity or updating of the information that is not of its own elaboration and of which another source is indicated, as well as those contained in other websites or applications through hyperlink or link from the APP, which shall be governed by the terms and conditions of use that for this purpose are required by the owners of such websites or applications.
BALANZEA reserve the right to eliminate, limit or prevent access to the APP when technical difficulties arise due to events or circumstances beyond their control that, in their judgment, diminish or nullify the standard security levels adopted for the proper functioning of the APP.
BALANZEA may suspend or terminate your User account if its security has been compromised or if it has engaged in fraudulent or unauthorized use or has reasonable grounds to suspect such fraudulent or unauthorized use. In this case, you will be informed in advance or, if not possible, immediately after suspending or terminating your User account, of the reasons for such suspension or termination, unless there are reasonable grounds to believe that such disclosure of information may compromise security measures or be unlawful. Your account will be reinstated once the reasons for the suspension have disappeared.
Once the download is complete, you are prompted to authenticate on your phone. The User is sent an SMS with a code to access that allows him to continue with the verification, authentication with his bank, where he will be asked for his credentials.
If the User is unable to verify his/her profile, he/she may send an e-mail to firstname.lastname@example.org.
In the event that the User suspects that his/her password has been lost or stolen by a third party, he/she should contact BALANZEA and make him/her aware of the situation by sending an e-mail to email@example.com.
1.7. Cancellation as a Registered User
At any time the User may request to unsubscribe from the application. The user has two ways to do so:
- Deleting your user profile
- Requesting cancellation by e-mail to firstname.lastname@example.org
The simple deletion of the application on the mobile device does not imply the cancellation of the user or of the contracted services.
Once the services are cancelled, the User will lose access to his/her data and operations and the cessation of contributions due to rounding will cease immediately, except for what has been accumulated up to that moment.
Contributions made up to the time of cancellation that are pending to be sent to the non-profit entities selected by the user will be sent within the term agreed with each of the entities. BALANZEA will not return the contributions made after cancellation of the user's subscription.
BALANZEA reserves the right to require further information from the User to demonstrate its linkage to the required profile and to prevent third parties outside the profiles from requesting the deletion of User accounts.
Likewise, BALANZEA may not accept such registration in case of conflict or controversy between the parties, which is unresolved or that has ended with recognition of fraud or fault of the User and / or damage to BALANZEAits collaborators, its collaborators, other Users, clients or potential clients.
BALANZEA shall be obliged to offer and/or publish from the digital store the new extensions or versions, and
other services in connection with the use of the APP or the Service.
Likewise, the User must be able to accept the Terms and Conditions of Use during the download of the APP.
In any case, it is the responsibility of BALANZEA SL to update the APP, using the features provided by BALANZEA through the digital store.
Third party services
The APP may allow connection with other third party applications downloaded to the Device. As a User, you are solely responsible for the operation of such applications, and for the use of such applications according to the conditions established by the third party owner of such software.
BALANZEA may use the services of third parties:
a) To obtain the software and/or services (e.g., for the creation of a certain component).
of the PPP).
b) In connection with the Software and/or services (e.g., a social networking website).
In addition, in order to obtain, install, update, access, use, or continue accessing, you may be required to use certain third-party services.
BALANZEA can obtain analytics data through vendors to understand usage and analyze the popularity rate of the APP. This analysis is performed on behalf of BALANZEAAPP, so the responsibility for this activity corresponds to the APP itself. In the section "2.9.Cookies Policy" the User has complete information about the analysis and the supplier/s used by the APP.
The APP may contain links (including through advertising) to third party websites or other third party content or services. These links are provided solely for your convenience and may not be kept current or updated. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third party, or any content or services provided by them, and that use of any third party content or services may be subject to Terms and Conditions of Use outside of the APP.
The User assumes that it cannot be guaranteed that the APP and the services derived therefrom are free of errors; the existence of such errors does not constitute a breach of this document.
Except as otherwise expressly provided herein, and to the extent permitted by applicable law, BALANZEA shall not be liable to the User for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising from breach of this document or as a result of defective use of the services offered by BALANZEA SL.
BALANZEA has adopted the measures reasonably necessary for the correct functioning, access and use of the APP, as well as the absence of viruses or malicious components. However, BALANZEA does not guarantee the total availability of the APP, since it depends on the communications network and the communications service provider, the access and use of the services through the APP is conditioned to the proper functioning of the operating system of your Device, and that the use of the APP is made in accordance with the provisions of these Terms; all these issues are beyond the control of the APP. BALANZEA.
BALANZEA does not guarantee and is not responsible for the continuity in the use of the APP and the services included therein; for the absence of errors, viruses and malicious components; for losses or damages of any kind arising from accessing and using the APP, including, but not limited to, those produced in computer systems by the introduction of viruses and/or computer attacks, and for the invulnerability of the software provided or its security measures; the damages that the User or a third party may suffer due to an inadequate use of the APP and, in any way, due to the falls, interruptions, absence or defect in the telecommunications.
In case of any failure, please contact BALANZEA SL by e-mail: email@example.com.
1.11. Code of Conduct
The User must comply with all applicable laws and use the available spaces of the APP to leave comments correctly and respect the code of conduct set forth in this section, as well as take into account the liability regime that may arise from the use of these spaces incorrectly or illegally.
The use of the software by the User is restricted to the use of the APP for access to its functionalities. Its use for any other purpose is expressly prohibited and will be considered an act of software piracy in violation of intellectual and industrial property laws.
BALANZEA informs you of conduct that it considers inappropriate and of the power it has to act on the following uses, actions, omissions or statements made by the member, by virtue of the relationship that binds the member to BALANZEA:
- Acting in a dishonest or unprofessional manner.
- Posting inappropriate or inaccurate content.
- Harassing, abusing, threatening or harming another person or user - a member of BALANZEA
- Use or publish through images, videos or any comments in the profile that may hurt the sensitivity of the User, as well as that may discriminate against any condition, race, ethnic group, nationality, religion, sex, sexual orientation, disability or disease, or that are illegal, offensive, abusive, obscene, discriminatory or other causes considered reprehensible.
- Using another person's account or creating a false identity on BALANZEA
- Making false statements that impersonate identity.
- Include content that contains computer viruses or other content that may remove, disrupt or interrupt the operation of the system.
hinder proper navigation.
- Selling, sponsoring, or obtaining economic benefit through BALANZEA without the authorization of
BALANZEA SL or if another method provided by BALANZEA SL has been set up for the management of
an exclusive service.
- Sharing information of people who are not Users without their express consent.
- Create fake profiles in the application, in case it detects that fake profiles exist BALANZEA detects that there are fake profiles
will be removed immediately.
- Promote racism, xenophobia or bigotry of any kind against any group or individual.
- Imitate or impersonate any person or entity.
- Soliciting money from other users.
- Sending videos, audios or photographs with images of another person without his or her authorization (or in the case of
a minor, without the authorization of his/her parents or legal guardians)
1.12. Duration of the license
The license granted to the User is granted in perpetuity. Notwithstanding the foregoing, such license shall terminate under the following circumstances:
At the User's own request by uninstalling the APP from his or her device.
Termination pursuant to this clause shall not affect any rights or remedies that BALANZEA SL has under applicable law. This license does not limit any right that BALANZEA SL may have hereunder to modify the APP by way of update, in particular by removing features of the APP, or to modify or cease to offer the Services or any part thereof.
1.13. Intellectual Property (Copyright)
Access to the APP does not grant the User any legitimacy or ownership of the intellectual and industrial property rights of the corporate elements.
The texts, images, logos, distinctive signs, sounds, animations, videos, source code and other contents of the APP are the property of BALANZEA SL. BALANZEA has the right to use and exploit the APP and its contents, and in this sense they are works protected by the intellectual and industrial property legislation in force.
The User acknowledges that the materials provided under the Services are protected by copyright and may also be protected as other intellectual property licenses owned by BALANZEA SL.
In the event of a court order the User shall indemnify BALANZEA SL against all liabilities, costs, losses, claims and expenses that BALANZEA SL may incur with a third party as a result of a breach of any of the provisions of this document.
For the purposes of preserving possible intellectual or industrial property rights, in the event that any User or third party considers that there has been a violation of their legitimate rights by the introduction of certain content in the APP, they must notify this circumstance to BALANZEA SL, by email to the address: firstname.lastname@example.org, indicating:
- Personal data of the interested party owner of the allegedly infringed rights. If the complaint is filed by a third party other than the interested party, he/she must indicate the representation with which he/she is acting.
- Indication of the contents protected by intellectual or industrial property rights, and their location on the website.
- Accreditation of the aforementioned intellectual or industrial property rights.
- Express declaration in which the interested party is responsible for the veracity of the information provided in the notification. provided in the notification.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is their exclusive responsibility.
The whole of the APP, that is to say, the elements that compose it (texts, images, brands, commercial names or distinctive signs of any kind, logos, audio files, software files, color combinations), as well as the structure, selection and order of its contents, are owned by BALANZEAor third parties, and are protected by the Intellectual and Industrial Property and Trademark regulations, and it cannot be understood that the use or access to the APP by you grants you any right over them, and therefore, they may not be subject to exploitation, reproduction, distribution, transformation, public communication, transfer, transformation or any other form of diffusion not expressly authorized by BALANZEAThe use of the APP, beyond what is strictly necessary for the correct use of the APP.
1.14 Arbitration and applicable law
You understand and agree that any dispute or claim arising out of or relating to this License Agreement (including any alleged breach thereof), or the Service, shall be submitted exclusively to the Arbitration Court of Madrid Spain, and shall be resolved by binding arbitration at law.
1.15. Communication between the parties
All communications between BALANZEA and the User, related to these Terms and Conditions of Use for Users or the use of the APP will be made in writing through the communication channels offered and, failing that, by means of the e-mail provided by each of the parties. In the case of the User, the one with which he/she registers and BALANZEA through: email@example.com.
1.16. Customer Service
The User has at his disposal the service of attention to the user by which BALANZEA will attend his consultations, complaints and suggestions raised.
The User may access the user service through the following e-mail contact:
BALANZEA will respond to complaints or queries as soon as possible and, in any case, within a maximum period of one (1) month.
Last update: January 24, 2022