Legal Notice

1. GENERAL INFORMATION

1.1. Who is behind this website?

Behind this website (www.qbitia.com), henceforth, the Website or the Platform, you will find the company QUBITIA SOLUTIONS, S.L. (hereinafter, Qbitia). Herein below you may see our contact and administration details:

QUBITIA SOLUTIONS, S.L.

VAT number: B-94049624

Address: Avenida Do Conde de Bugallal, 61 D, 2º – A, PC: 36004, Pontevedra (Spain)

E-mail: info@qbitia.com / dataprotection@qbitia.com / sales@qbitia.com

Phone number:

- Spanish Headquarters: +34 886 213 038

- U.K. office: +44 (0)203 499 5792

- Chicago office: +1 312 549 9781

Registration details: registered in the Mercantile Registry of Pontevedra T.3741, F.185, H.PO51991, registering date October 7th, 2011

1.2. Description of the website and purpose

Qbitia is a Fintech Startup that develops solutions for capital markets designed to simplify and optimize daily trading work. Through this website we want to inform our users and customers about all the services we can offer.

1.3. What would Qbitia like to let the Users know with this Legal Notice?

Qbitia would like to inform its Users about who is behind this platform, the information Qbitia collects and why. Qbitia has set other legal policies that you should consider to understand this text well, such as the privacy policy and the cookies policy.

1.4. How can Users contact with the person responsible for this website?

Users can contact Qbitia by writing to the addresses or contact details indicated above.

2. OPERATING RULES

2.1. How does this website work?

Users can visit Qbitia’s website whenever they want and always for free to consult the products and services shown in this website.

To be a User of this Platform you must be over 18 years old.

2.2. Types of Users in this website

a) Follower in social networks: the person who follows Qbitia in the corporate social networks and who, based on this, agrees to browse the website or blog.

b) Information petitioner: the person who accesses Qbitia’s website and requests information about the software the company offers through the contact form available, who downloads the trial version or contacts us through the corporate email address.

c) Client User: it is the one that has contracted the services or products of Qbitia on any occasion.

d) Visitor: it is the person who simply navigates through this Website or blog.

2.3. What confidentiality rules does Qbitia apply?

When Users browse this website, Qbitia can collect their data in accordance with the provisions set forth in the privacy policy and cookies policy. If, for any reason, a User accesses any kind of confidential information relating to Qbitia’s services, he is subjected to the strictest confidentiality unless Qbitia expressly indicates that this information is free to use. In any case, any User of this website must respect the established terms in Qbitia’s terms of use.

2.4. Which terms of use does Qbitia apply?

2.4.1. General

Any person who visits and browses the Website becomes a User, which implies the acceptance of the terms of use of the website as detailed in all its notices and legal policies linked to data protection regulation, intellectual property law, security measures and competent jurisdiction, among others.

By accessing this Website and Qbitia’s blog, the User assumes the risks that may occur at their own risk. In this way, Users must be responsible for the use of suitable measures to avoid controllable risks that concern them.

Users must also and carefully read this legal notice in each occasion they intend to use the website since it may undergo modifications. Therefore User is subjected to and must obey what is provided in these conditions.

In addition to these terms of use, Users must always respect the rest of the rules established on this website as they regulate the rights and duties of the Users to have a better protection, the protection of Qbitia’s website and the business of this website’s owner.

2.4.2. Users’ rights

 Users have the right to browse the website subjected to the rules established in the legal terms.

  • Users have the right to be attended concerning any doubts, comments or to exercise their rights by following the procedures established on this website.
  • Users also have the right to protect their personal information, treated in terms of maximum privacy in accordance with the privacy and data protection policy established by Qbitia.

2.4.3. Users’ prohibitions

  • Users can not take advantage of their User status to access information that is not permitted or when several uses are not permitted. Also it is not permitted to abuse the services offered in this website.
  • Users can not infringe the law by causing any type of damage to the owner’s Website, to a third party or to other Users.
  • Any link to defamatory, pornographic, racist content or any other pages that offer false information or can harm Qbitia’s website or blog, professionals or collaborators that work with or for the company, are prohibited.
  • In no case Users may delete, alter, evade or manipulate any protection device or security systems installed on this website with the intention to commit any crime or fraud, to infringe intellectual property rights, privacy, or confidentiality of third Users or website’s owner.

2.4.4. Qbitia’s rights

  • Qbitia has the right to treat the data of Users in accordance with the provisions of this notice, the corresponding privacy and cookies policy.
  • Qbitia can use this information to answer their queries, being able to carry out all the appropriate measures according to the law and to provide the service effectively.

3. CONTENT, INTELLECTUAL AND INDUSTRIAL PROPERTY’S POLICY

3.1. Type of contents on this website

On this website, Qbitia describes the services and products offered by the company which are given with the intention to be close to the customer, to transmit high reliability and transparency.

3.1.1. Intellectual property policy

  • Qbitia’s intellectual property policy is applicable to this entire website and blog as well as all the contents and materials disseminated through these platforms.
  • Users expressly – and for all purposes – acknowledge that the information, signs, images, designs, logotypes, animations, videos, writings as well as other elements and contents published in the platforms, including services and computer applications of the website, are subjected to industrial and intellectual property rights that belong to Qbitia and/or third parties who duly authorized their inclusion on the website. Users have no rights over these content unless expressly recognized.
  • Users can view the information contained on the website and download or make private reproductions on their computer system. However, the elements reproduced cannot be subsequently transferred to third parties or being installed on a server connected to the Internet or a local network.
  • In accordance with the provisions of the previous section, Users will not be entitled to: distribute, modify, transform, assign, make available to the public or carry out any other activity that has not been expressly authorized on the elements and contents indicated above, including the programming codes of any of the elements of this website.
  • Users who proceed to send any type of content to this platform ensure that they hold the necessary rights to do so, excluding Qbitia of any responsibility when infringing these terms.
  • The provision of content by the Users through this website, blog or any content that can be uploaded or published by the User on the platforms, such as comments, pictures, videos, etc., will entail the assignment to Qbitia for free. So this will mean that rights of exploitation in intellectual and industrial property will be transferred to Qbitia or that it will permit the uses the company is interested in for free only respecting the applicable legislation. In these circumstances Users cannot claim any right or financial compensation.
  • Users recognize that Qbitia has the right to modify the contents introduced to adapt and make compatible with the technical and aesthetic characteristics of the platform.
  • Users shall be directly responsible for all consequences, damages and losses that may arise for Qbitia and/or third parties when an infringement of this clause occurs.

3.1.2.  Limitation of use to Qbitia’s contents

Accessing the contents does not transfer any rights to the Users. These information and contents can only be used in a private way.

Any use or reproduction made by Users or third parties that may be included in the future must be done in accordance with the provisions and legal policies established herein, always respecting the legal limitations.

Therefore the following is prohibited:

  • The reproduction, transformation, distribution, public communication, making available to the public or any other exploitation of the contents of this website and blog without the written consent of the respective owner.
  • Users can not make links to this website and/or blog without the consent of the owner. Occasionally, where appropriate, only links to the main page will be allowed.
  • The link to “final pages”, “frame” acts or any other manipulation similar to this page are not allowed without express consent on the part of Qbitia unless it is done by respecting the provisions of point 3.1.4 of this notice.

If Users want to request any type of permission to use or publish any of Qbitia’s contents, they can contact Qbitia by any of the means indicated in section 1.4 of this notice.

3.1.3.  Authorized uses

Users can view, print, copy or store the elements of the website and blog exclusively and only for personal and private uses. Therefore, Users cannot use those elements for commercial purposes like distribution, modification or alteration.

However, as an exception to what is indicated in section 2 above, Qbitia allows Users to mention the articles published on the website or blog through social networks, by doing actions like “tweet, retweet, share, blog” or similar, as long as Qbitia’s ownership or the authors’ indicated in the corresponding articles or contents are respected.

3.1.4. Links between websites

(1) Those persons or companies that intend to establish a hyperlink between their website and this website (hereinafter, the hyperlink) must know the following conditions:

  • The hyperlink will only allow access to the homepage of the website but it will not reproduce it in any way.
  • A frame will not be created on the pages of the web platform.
  • False, inaccurate or incorrect statements or indications about Qbitia, its directors, its employees and/or the services or products provided through this platform must not be made.
  • It will not be declared or implied that Qbitia has authorized the hyperlink or that it has supervised or assumed in any way the services offered or made available from the third party website where the hyperlink is established.
  • Except for those signs that are part of the same hyperlink, the website hyperlinked will not contain any brand, commercial name, establishment label, denomination, logotype, slogan or other distinctive signs belonging to Qbitia unless expressly authorized.
  • The hyperlinked website will not contain information or illegal content, content that could be contrary to morals, good usage and customs or ethics. In addition, it cannot include content that is against the public order or contrary to any third-party rights.
  • The hyperlink does not imply in any case the existence of relations between Qbitia and the owner of the website, or the acceptance and approval by Qbitia of contents or services.

(2) Qbitia makes available links to facilitate access to information, services and other content available on the Internet. The links enabled on the website may lead Users to other websites managed by third parties, over which Qbitia does not exercise any type of control.

Qbitia does not assume any duty to monitor or verify the information or content of these other websites. It only assumes the duty to remove from this page, as soon as possible, the information, content or services that do not correspond to reality, can violate any applicable regulation or may mislead or cause harm to Users.

3.2. Regarding the software corresponding to this website and its design

  • Qbitia has the permissions and licenses to use this website, as well as the rights related to its design. Any use of the programming code, software or design by Users is not allowed. The User will be responsible for any fraudulent use or detriment of rights of the owner of the Website, or third parties.
  • Under no circumstances may Users extract, manipulate, copy, compile or decompile any element of the website that infringes website purposes or that deviates from the object of what is offered on it. Legal actions could be undertaken if any infringement is detected.

3.3. Regarding our brand and corporative identity

  • Users are not allowed to use our brand, domain, slogan or any element that defines Qbitia’s corporate identity without requesting the company’s express permission.

3.4. Others

  • Intellectual and industrial property applicable regulations rule when something is not established in these Qbitia’s legal policies.

4. LIABILITIES

4.1. Liabilities

Users are the only responsible ones to access and use the website as well as to take the security measures when they navigate through it.

Qbitia undertakes the best and greatest effort to avoid errors in the contents published on the website and to offer a constant and permanent service through it.

But Qbitia cannot be responsible for temporary suspensions, failures or technical failures that affect the platform or the blog, occurred by causes beyond its company, by viruses or informatics breaches caused by third parties, or when illegal and disrespectful actions are made.

Qbitia does not guarantee the availability, continuity or infallibility of the website and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or the functioning of the web platform, the services enabled, as well as to the errors that are normally possible on different web pages.

The company also declines any liability for computer damage or any other type that may cause for accessing the contents of this website.

Therefore, Qbitia does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations in the computer system, in the electronic documents, or in the files of Users or third parties.

4.2. Published contents

Qbitia will not be liable for the content and/or updating of the links published, for the information linked to other websites or other companies that are linked to the search criteria of content.

Qbitia will update the information published but it cannot guarantee that it will always be completely correct, for example, that will not have typographical errors, inaccurate or incomplete information.

Notwithstanding the limitations established in the current legislation, Qbitia is not liable for any damages that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that may suffer the information contained on the platform or other content that can be accessed through it.

4.3. Service failures

In general, neither the platform nor its owner is responsible for technical errors on the platform and/or the non-provision of the Internet service: (i) due to actions or errors of third parties and/or (ii) due to its own causes when Qbitia resolves the incident and/or acts diligently.

4.4. Other responsibilities or duties

  • If Qbitia was declared not liable for any damage or prejudice in a judicial or extrajudicial proceeding that is provoked by any infringement of these terms, by a competent Court or Administrative Public Entity, and User is declared the liable person, Qbitia may repeat against the User all the amounts that the company has paid, including the emerging damage and lost profits, and any costs, including taxes, fees, lawyers, attorneys, experts, arbitration, travel or stays.
  • Qbitia reserves the right to communicate the confidential or personal information from Users when it is imposed by law, regulation, ordinance and/or any other legal, judicial or governmental mandate.

5. FUNCTIONING OF THIS WEBSITE

Qbitia will keep the website operational throughout the year, 24 hours a day, provided that the state-of-the-art allows it.

However Qbitia reserves the right to modify or interrupt in whole or in part the access to the system when the service needs an action of maintenance and updating or to repair the system or the Internet server, without the obligation to notify this to its Users. It will be communicated when possible through the usual ways to inform Users or Clients.

If Users detect any anomaly, third-party interference, system errors or malfunctioning of the website they must notify Qbitia, so that a proper solution is taken if possible.

6. QBITIA’S RIGHT OF MODIFYING THIS LETAL NOTICE

Qbitia reserves the right to modify this notice to adapt it to the legislative or jurisprudential novelties that arise or are being published, as well as to make the appropriate modifications in accordance with industry or commercial practices.

If there was a substantial change on this legal notice, Qbitia will notify Users through this website letting them know the changes occurred in policies and indicating when they have full effect.

7. REGULATIONS APPLICABLE TO THIS WEBSITE

All Qbitia’s contents and legal policies associated with this platform are subjected, in all and each one of its extremes, to Spanish legislation, among them: Law 34/2002, on Services to the Information Society and Electronic Commerce, and the European and General Data Protection Regulation 679/2016, among others.

8. EXCLUSIONS OF THIS LEGAL POLICY

This legal notice only affects the information published and the data processing made on this website. In no case the conditions established here must be necessarily related to the internal company’s policies as well as to the way to provide services by the company.

 9.COMPETENT JURISDICTION

In the event that any conflict or discrepancy arises in the interpretation or application of these conditions or policy, the Courts and Tribunals that will be aware of the matter will be those established by the applicable legal regulations in matters of competent jurisdiction. If Users’ situation is that of a final consumer, the courts corresponding to their domicile will be the competent tribunal.

In the case of legal persons, the parties will be subjected to the courts of Pontevedra.

10. TO WHAT OTHER LEGAL POLICIES IS THIS NOTICE AND USERS SUBJECTED TO?

This legal notice is complemented by the privacy policy and the cookies policy, in addition to any other terms that may be necessary to add or complement, always following the provisions of current legislation to ensure the interest and protection of Users.

QbitiaLegal Notice