Welcome to the RAND web and mobile application (the “Platform”, or “we” together). Below, we will detail the license agreement that governs the terms under which you, as a User, may use the Platform and the Services offered therein.
This document (along with all documents referred to herein) sets forth the terms and conditions governing the use of this Platform and the use of the Service provided through this Platform ("Terms and Conditions").
By using the service provided on thisPlatform, the User consents to be bound by the Terms and Conditions, as well as by our Privacy and Cookies Policy, therefore, if the User does not agree with all the provisions of the Terms and Conditions and the PrivacyPolicy and Cookies, you must not use this Platform.
If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he or she may contact us through our contact channels.
2. LEGAL INFORMATION
In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on InformationSociety Services and Electronic Commerce, the following data of the holder are reflected below:
RAND PROTOCOL, S.L. provided with C.I.F.B-42893925 and domiciled at Plaça Pau Vila, número 1, oficina 2A2, 08039 Barcelona.
3. USERS and consent
The use of the Platform attributes the status of User, who accepts, by accessing, downloading and/or using it, the Terms and Conditions reflected herein.
To use the Services offered on the Platform, the User must be over 18 years of age.
In the event that a minor under 18 years of age accesses the Platform, the minor's parents or guardian will be responsible for such access and use, including any charges, billing or damages arising therefrom.
The User also hereby declares that the use of this Platform is done on a personal basis, without carrying out any typeof professional service.
The Platform will allow the User to access the Services specified in these Terms and Conditions.
Before using the Services, the User must bear in mind that the risk of loss in the purchase or possession of Crypto assets may be considerable. As with any asset, the value of Crypto Assets can vary considerably and there is a substantial risk that you will lose money by buying, selling, maintaining or investing in Crypto Assets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling, maintaining or investing in Crypto assets.
In addition, by using the Platform, the User agrees that RAND does not provide any investment advice in relation to Crypto assets that can be acquired through the order issued on the Platform, but will only provide information on price, range, volatility, and events that affect or have affected the price. which in no case will constitute financial or investment advice and will not be interpreted by the User as such. Any decision to buy or sell Crypto assets is the sole decision of the User, and RAND shall in no case be liable for any loss suffered as a result of that decision.
Crypto asset services are not currently regulated by financial authorities nor do they fall under the umbrella of protection that financial services clearing schemes in Spain could offer, therefore, the User must carefully consider whether trading or holding Crypto assets is appropriate.
4. USE OF THE PLATFORM
RAND offers through the Platform theServices specified in these Terms and Conditions.
The User assumes responsibility for the use of the Platform. This liability extends to the registration that is necessary to access the Services. The User undertakes to provide true and lawful information during the registration.
In the registration process, the User will be required to provide the personal data necessary for his or her identification, as well as the corresponding supporting documentation, in order to prevent any potential money laundering and terrorist financing behavior and to be able to adopt appropriate due diligence measures. The User irrevocably undertakes to ensure that the information provided is true. Likewise, the User must complete the responsible statements, which are requested in each case.
RAND reserves the right to request an update of the information if it is aware that it may have undergone any changes. Similarly, RAND reserves the right to carry out appropriate checks in order to confirm the legal origin of the contributions of funds made. In the event of having evidence of irregularities in the registration process and in the subsequent use of the Platform by the User, RAND will take action for the purpose of preventing any conduct for the prevention of money laundering and terrorist financing. During the registration, the User may be provided with a password for which he/she shall be responsible, undertaking to keep it confidential and use it accordingly.
In the event of unauthorized access to the User's account, the User undertakes to notify RAND immediately through the means of contact made available to the User and indicated in these Terms andConditions.
The registration process can also be carried out by logging into the Platform through the following social networks that are used by the User: Instagram, LinkedIn and Twitter. In such cases, the User agrees that RAND obtains certain personal data from these third parties and processes it as agreed in the PrivacyPolicy.
The User may have a double authentication system to access his/her account, the operation of which will be explained throughout these Terms and Conditions.
The User agrees to make appropriate use of the content and services that RAND offers through the Platform and, by way of example but not limited to, not to use them to (i) engage in illicit or illegal activities or activities contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, apology of terrorism or against human rights; (iii) cause damage to the physical and logical systems of RAND, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the e-mail accounts of other Users and modify or manipulate their messages.
5. EXCLUSION OF GUARANTEES AND LIABILITY
RAND reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. As a result, RAND does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, and therefore the use thereof by Users is carried out at their own risk, and RAND cannot, at anytime, be held liable in this regard.
In addition, RAND assumes no liability whatsoever arising from, but not limited to:
Similarly, RAND excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in the documents or systems stored therein, so that RAND will not be liable in any case when they occur:
In any case, RAND undertakes to solve any problems that may arise and to provide all necessary support to the User in order to arrive at a rapid and satisfactory resolution of the incident.
Furthermore, by accepting these terms and conditions, the User acknowledges and accepts that:
6. SERVICES OFFERED THROUGH THE PLATFORM
6.1 AVAILABLE SERVICES
6.1.1 Acquisition of the RND token
Access to the Platform will allow the user to access the Platform Services. The User may purchase RND tokens in order to:
· Be a member of the RAND platform.
· The opportunity to get additional tokens by sharing your experience through social networks.
RND tokens can be purchased on the following exchanges: Acala
Likewise, RND Tokens can be purchased using:
- Selected crypto assets; and
- fiat currencies (on selected exchanges).
6.1.2 Access to piñatas
What is a piñata?
Piñatas are parties that will be created by Users that are characterized by:
- the possibility of winning for all members of the piñata;
- non-loss of deposited funds; and
- the possibility of withdrawing them at any time.
How does it work?
Users may invite friends and family to join the piñata, so that everyone can add common funds to it.
Once all users have deposited their capital (which can be either fiat money or Crypto assets) into the piñata (with a maximum previously stipulated by the User creating the piñata) from theirWallet or bank cards, the funds will be converted into a stable Cryptocurrency (or stable coin).
When the time stipulated by the User who created the piñata expires, the stable coins will be returned to the private pool together with the interest they have accumulated. Using Blockchain, the network will decide at random who is the winner among all the members who have made up the piñata.
Once the winner is chosen, the network will send them the common interest accumulated in the pool plus their initial capital. The rest of the users will recover their initial deposits.
What if I want to leave the piñata before the time set by the User organizing the piñata?
You can do so, but you will have to pay a penalty fee in RND tokens. If you don't have tokens, the network will take the quota from the total balance, exchange it for RND Tokens, and pay the fee.
Unlike the traditional lottery, where the chances of winning are usually very low and the chances of losing very high, piñatas allow users to have the same chances of winning as others and, at the same time, ensure that they get their initial deposit back.
6.2 CONSIDERATIONS OF BOTH SERVICES
Access to the Platform will be subject to the User reading and accepting the Terms and Conditions of the Platform.
In the event that due to certain circumstancesRAND is unable to complete the orders placed, the User will be notified through the notification service.
In the case of those invited to theVaults who contribute their capital, the transactions are subject to the exchange rate, i.e. the equivalence in Euros of the value of the Crypto assets.RAND cannot guarantee the purchase or sale of Crypto assets at a certain price or at an exact time.
RAND may cancel the transaction in the event that the User does not have sufficient funds in the means of payment provided to RAND — the User is responsible for having sufficient balance for the provision of the service and assumes any additional costs that his bank or payment provider may apply if they are not available.
6.3 EURO TRANSACTIONS
6.3.1 Income from funds.
The User accepts that the payment of euros to access the Vaults may be made through the means available on thePlatform and in the manner indicated therein.
The User hereby agrees that any incorporation of funds involving or intermediated by a third party (such as deposit by means of payment) may delay the crediting of funds to the User's account, and may be subject to limits, including limits on amounts.
The RAND of any kind of responsibility in this regard. However, RAND, within its scope of control, and taking into account the above limits, will make reasonable efforts to ensure that the crediting of funds to the User's account is effective within 48 working hours from the use of the means available on the Platform.
6.4 EXCLUSION OF WARRANTIES AND LIABILITY WITH REGARD TO BLOCKCHAIN. FORKS AND MODIFICATIONS TO BLOCKCHAIN PROTOCOLS.
RAND does not own or control the underlying software protocols that govern the operation of blockchains linked to Crypto assets supported by the Platform. Most of these protocols are opensource or open source and can be used, copied, modified and distributed by any third party. Consequently, RAND assumes no responsibility for the operation of such protocols nor does it guarantee their functionality, security or availability. The User hereby acknowledges and accepts the risk that the underlying software protocols related to any Crypto assets they purchase may change. In particular,Users should consider forks with the impact that they may eventually have on the value of Crypto assets.
In the event of a Fork, the User agrees that RAND may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b)decide not to support (or to stop supporting) a protocol and/or the original and/or the alternative Crypto asset, provided that the User has the opportunity to withdraw its Crypto assets from the Platform.
In addition, RAND shall notify Users of any modifications to the Blockchain protocols associated with Crypto assets and whose implementation is not possible on the Platform.
The User acknowledges and hereby agrees that RAND assumes no responsibility for any consequences in the provision of the Service that may arise in connection with the modification of Blockchain protocols.
Likewise, the User acknowledges and accepts that the transactions made in Blockchain are irreversible once confirmed through the protocol established in each case and that RAND does not have the capacity to revert them once they have been confirmed.
7. User Prohibitions
The User undertakes to refrain from performing the following actions, either directly or through a third party:
· Use the Platform, the Services or any of their content in a manner or for purposes that RAND deems different from or contrary to these Terms and Conditions, laws, morals, good manners or public order.
· Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libelous, pornographic, political or contrary to law, morality and morality, or that contains malicious software such as viruses, worms or that contains any other feature capable of destroy or damage the operation of an electronic device, the Platform, or the systems or servers of RAND, or of a third party.
· Use the Platform to send, reproduce or publish files in violation of the intellectual property rights of third parties.
· Exploit or exploit an attack on thePlatform, or a vulnerability or error of the Platform, for the benefit of yourself or a third party.
· Use the Platform on behalf of third parties (except in the cases set out in these Terms and Conditions) or allow anyone other than the User (including, without limitation, by assignment, license or transfer) to use your account and the Services associated with it.
· Use automatic or manual programs, software or devices to monitor or copy information or any type of content or element of the Platform.
- Linking the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or any chain letters or messages with untruthful content for personal or third party gain.
· Carry out actions that restrict, deny or prevent third parties from accessing and using the Platform, as well as the content and services offered through it.
· Attempt to violate any authentication and security systems of the Platform.
· Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those which, depending on the case, have been expressly indicated or made available to the User.
· Include frames, links, deep links, or links to the Platform, both from other websites and from any software or electronic device.
· Carry out any action that imposes a disproportionate or excessive burden on the Platform's technological infrastructure.
· Use meta tags or some other type of hidden text with the name “RAND”, or any other name or trade name and/or intellectual property rights owned or owned by RAND.
RAND reserves the right to refuse or withdraw access to the Platform and/or the services offered on it without prior notice to those Users who perform any of the actions indicated in this section.
8. Request to cancel and close the Account
The User may request the termination of their user account through the Platform, or via email to [firstname.lastname@example.org]only from the email address with which they registered.
RAND reserves the right to request proof and/or additional information in order to verify the veracity of the cancellation request and the information provided by the User.
In the event that the User requests the termination of the account with a Vault in progress, the User must pay the penalty for leaving the Vault before the stipulated period and then RAND will proceed to terminate the contractual relationship, which will take place onceRAND has terminated the User from the Platform and has notified the User of such termination.
The document number and e-mail address associated with the User will remain blocked, so that no other person will be able to create a new user account using them.
9. Security. PASSWORD RECOVERY
RAND provides the User with information about the security of the chosen password and also offers the User the possibility to access his/her account through a two-factor authentication("2FA") which significantly increases the security of access to the account. RAND is not responsible for the loss of funds resulting from password theft.
In accordance with the provisions of these Terms and Conditions, RAND assumes that any movements made to a User's account have been carried out by the User, and therefore the User acknowledges and accepts that he/she is solely responsible for the use made of his/her account and for the direct and indirect consequences and damages arising therefrom.
If the User detects that his/her account has been attacked or that a third party has made movements through it, he/she must notify RAND as soon as possible to block the account by sending an email to the following address: email@example.com
If the User forgets or loses his/her password, he/she may recover it by the means available through the Platform, or contact RAND by sending an email to the following address: firstname.lastname@example.org
10. Right of withdrawal
Pursuant to article 103 of Law 3/2014 of27 March, the transactions contained in these terms and conditions are excluded from the right of withdrawal.
11. Modifications to the Terms
RAND may at any time modify the conditions set forth herein, being duly published on the Platform and/or, in the sole discretion of the RAND, by notifying Users of the Platform by email.
The use of the Platform by the User after notification of the modification of these Terms and Conditions shall constitute the User's full acceptance of them; if they do not agree with the new terms, the User must stop using the Platform.
12. Intellectual Property
All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, distinctive signs, texts, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and color combinations (hereinafter, the “Content”), is ownership of RAND or its licensors.
The Content may not be reproduced, modified, transformed, edited, translated, assigned, distributed, represented, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written authorization of the rights holder.
The fact that the User is able to access the Platform does not grant him/her any license, right or ownership of industrial or intellectual property rights over all or any portion of theContent. Users, on the Platform and the Content, are granted only anon-exclusive, revocable and limited license to access and use the Platform in accordance with these Terms and Conditions.
If the User considers that any intellectual property right of third parties is violated in the Platform or in the Content, he/she must notify RAND at the address indicated in these Terms and Conditions, including all necessary information and documentation to support such consideration.
13. DATA PROCESSING AND USE OFCOOKIES
RAND undertakes to comply with the obligation of secrecy of personal data, and has therefore taken the necessary measures to prevent its alteration, loss, processing or unauthorized access, taking into account the state of technology at all times.
14. PRIVACY AND BLOCKCHAINS
Investment in Crypto assets can be registered on a blockchain or public blockchain. Public blockchains operate as ledgers, intended to immutably record transactions on computer system networks.Many of these public blockchains allow forensic analysis that can lead to de-anonymization and unintentional disclosure of private financial information, especially when blockchain data is combined with other data.
15. APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious matters related to the web portal or the app, Spanish law shall apply and incase of dispute, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city ofMadrid (Spain) provided that such dispute is not related to any economic transaction, which shall be resolved through the jurisdiction of the Courts andTribunals of the domicile of the consumer or by filing the appropriate claim by filling out the following electronic form: link
Where links or hyperlinks are provided to other Internet sites, RAND shall not exercise any control over such sites and content. In no case will RAND assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
The introduction of hyperlinks for commercial purposes on non-RAND websites that allow access to the Platform without the express consent of RAND is expressly prohibited. In any case, the existence of hyperlinks on websites other than RAND shall in no case imply the existence of commercial or commercial relations with the owner of the website where the hyperlink is established, nor does it imply acceptance by RAND.
Should one or more clauses of theseTerms and Conditions be declared invalid by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.
The User may not assign to any third party his contractual position, this contract, or any of the rights or obligations arising from it.
19. Consent to electronic notifications
The User expressly consents to all information relating to his/her status as a User, his/her account and the use of the Platform to be notified or informed by electronic means.
Upon your consent, we send push notifications to your mobile device to provide information about variations in the price of Crypto Assets, Service updates, promotional communications and other related messages. The User may deactivate automatic notifications by changing its notification settings through its device with which it accesses the Platform.
20. CONTACT AND USER SUPPORT
RAND has a Customer ServiceDepartment, Monday through Friday from 10 am to 6 pm, by sending an e-mail to the following address: email@example.com.