Legal notice

1. ABOUT THE TERMS OF USE OF THE PLATFORM: ACCEPTANCE, MODIFICATIONS, AND VALIDITY

These general conditions regulate the use of the service(s) associated with the web platform https://kitcat.es/ (hereinafter, the “Platform”), which is owned by INTERLYNX DISTRIBUCIÓN S.L. (hereinafter, “KIT CAT”), an entity with registered office at C/ Manresa Num.236, 08226, (Terrassa) Barcelona and CIF B66536798.

1.1. Platform Users

Browsing and using the Platform grants you the status of a user and implies your full, unconditional acceptance of each and every provision included in these General Terms of Use, according to the version published by KIT CAT at the time the user accesses the Platform.

In any case, Platform users, whether registered or not, must be at least eighteen (18) years old, and the use by other users under this age is prohibited. Therefore, you assume responsibility for compliance with this condition, declaring that you meet the minimum age to access and use the Platform. KIT CAT may, at any time, request any supporting documentation necessary to verify proper compliance with this condition.

KIT CAT, in case of violation by users of the terms and policies to which the Platform is subject, may block the user’s access to it, suspend the services being provided, or, if applicable, deactivate user accounts, without this giving rise to any right to reimbursement or monetary compensation for them.

1.2. Modification of Conditions

We therefore recommend that the user carefully read these terms of use each time they access the Platform, as they may be modified for legal, technical, corporate reasons, or due to self-regulation processes, or by voluntary adherence of KIT CAT to existing codes of conduct of interest for its activity and the better protection of users’ rights. Whenever possible, KIT CAT will advertise on the Platform, in advance of their entry into force, any relevant modifications of these conditions affecting the rights and interests of Platform users. If you do not agree, you may unsubscribe from the service(s) in question.

1.3. Validity

The declaration of any of the terms of use as null, invalid, or ineffective shall not affect the validity or effectiveness of the remaining terms, which shall continue to be binding between the parties. Likewise, the waiver by either party to enforce at any given time compliance with any of these conditions shall not imply a general waiver of compliance with any other condition(s), nor shall it create an acquired right for the other party.

1.4. Duration

Access to the Platform’s content is, in principle, of indefinite duration.

KIT CAT is authorized to terminate or suspend the provision of services or the performance of activities through the Platform at any time, while fully respecting applicable regulations in these cases. Whenever reasonably possible, KIT CAT will notify in advance through the Platform of the termination or suspension of services provided through it.

2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM

Through the Platform, KIT CAT provides users with information, requests, access, and/or use of the services or content (hereinafter, the “Service” or “Services”) developed or made available by KIT CAT under the terms and conditions provided for each case.

2.1. Free Access and Use of the Platform

Access and/or browsing of the Platform by users is free of charge, without prejudice to the remunerated nature of the services that may be available through the Platform under the terms and conditions established by KIT CAT.

2.2. Navigation, Registration, and Data Forms

In general, initial access or navigation of the Platform does not imply or require prior subscription or registration by users. However, KIT CAT may condition the provision of certain services, or access to content offered through the Platform, on the prior registration of the user and completion of the corresponding data forms. KIT CAT reserves the right to unilaterally modify, at any time, the registration system or data forms provided on the Platform for legal, technical, corporate reasons, or according to self-regulation processes to which it may be subject.

2.3. Truthfulness, Accuracy, and Currency of User-Provided Information

Data entered by users in the corresponding registration forms or data collection forms provided through the Platform must always be accurate, current, and truthful and will be processed by KIT CAT in accordance with Spanish data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for false, inaccurate, or outdated statements and any damages caused to KIT CAT or third parties as a result of non-compliance with this duty.

2.4. Obligation to Make Correct and Responsible Use of the Platform and Services

The user undertakes to use the Platform and Services reasonably, in accordance with current regulations, these terms of use, specific service conditions, the privacy policy, other notices, regulations, and instructions provided, morality and generally accepted good customs, and public order. In case of breach of such commitments, KIT CAT reserves the right to exclude, prohibit, or deny access to the Platform and its services, without prejudice to KIT CAT exercising any legal or judicial actions deemed necessary to protect its legitimate interests and rights (own or of third parties).

2.5. Use of the AI Chatbot

The Platform provides users with an automated assistance system (“chatbot”) based on artificial intelligence, whose purpose is to provide general information, guidance, and support in navigating and using KIT CAT services.

The user is informed that:

The chatbot uses generative AI models, and therefore, the responses are generated automatically without direct and immediate human intervention.
The information provided by the chatbot is for guidance purposes only and should not be considered professional or specialized advice. The user is responsible for the use of the information received.
KIT CAT does not guarantee the accuracy, truthfulness, or timeliness of the responses generated by the chatbot, although it will take reasonable measures to supervise its operation, improve quality, and minimize potential biases or errors.
In compliance with the European Union Artificial Intelligence Regulation (Regulation (EU) 2024/1689), the user is clearly and previously informed that they are interacting with an artificial intelligence system and not with a natural person.

In any case, it is recommended that the user cross-check the information received and, where appropriate, consult a competent professional for specific advice.

3. PROHIBITED USES

It is PROHIBITED for Platform users to:

Use any of the services or content provided through the Platform for illegal purposes, prohibited in these conditions, or harmful to the rights and interests of KIT CAT or third parties. Illegal purposes include, among others, using services or content for profit, commercial purposes, theft of business secrets or know-how, promotional, advertising, gambling, sweepstakes, bingos, or collecting third-party data. Platform services and content are exclusively for corporate or personal use as provided in these same Terms and directed exclusively to users authorized by KIT CAT for these purposes.
Damage, disable, overload, deteriorate, or prevent the normal use of services through the Platform, or cyberattack the Platform, systems, or associated processes in any way.
Transmit, communicate, or make available to third parties information, data, content, messages, or, in general, any type of content that:

(a) In any way contravenes, undermines, or violates fundamental rights and public freedoms recognized constitutionally, in international treaties, and in other applicable legislation, particularly regarding disabled and other especially vulnerable groups such as minors or elderly people;
(b) In particular, violates the right to honor, personal and family privacy, or personal image;
(c) Contradicts or infringes the fundamental right to privacy and personal data protection;
(d) Induces, incites, or promotes illegal, criminal, denigrating, defamatory, slanderous, violent acts, or, in general, actions contrary to the law, morals, good customs, or public order;
(e) Induces, incites, or promotes discriminatory acts, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition;
(f) Incorporates, makes available, or allows access to illegal, pornographic, criminal, violent, offensive, harmful, degrading elements, messages, or services;
(g) Induces or may induce an unacceptable state of anxiety or fear;
(h) Induces or incites engagement in dangerous, risky, or harmful practices for physical or mental health;
(i) Is protected by intellectual or industrial property rights of third parties without prior authorization;
(j) Violates secrets of KIT CAT or any third party;
(k) Is false, ambiguous, inaccurate, exaggerated, or untimely, causing or potentially causing error regarding its object or the intentions of the communicator;
(l) Undermines the credit of KIT CAT or third parties;
(ll) Constitutes illicit, misleading, or unfair advertising, or, in general, unfair competition;
(m) Incorporates viruses or other physical or electronic elements that may damage the normal functioning of the social network, system, or IT equipment of KIT CAT or third parties, or damage electronic documents, digital content, or files stored in such systems or equipment;
(n) Causes difficulties in the normal functioning of services or access to the Platform or its content due to its characteristics (such as format, extension, etc.).

In case of violation of these prohibitions by users, from the moment KIT CAT becomes aware of the facts, it may issue warnings, request immediate cessation, promote removal or rectification, or disregard opinions, comments, or content provided on the Platform.

If users fail to comply with KIT CAT’s requests, KIT CAT may block and remove the elements, information, opinions, or content from the Platform at any time without prior notice. It may also suspend, deactivate, or delete the user account if applicable, without creating any right or monetary compensation for the user.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The user agrees to use the contents and services made available to them on the Platform, understanding by these, without limitation, texts, graphics, images, icons, technology, software, links, and other digital, audiovisual, or sound content, as well as their graphic design and source code (hereinafter, the “Contents”), in accordance with the law, these terms of use, specific service conditions, other notices, regulations, and instructions provided, as well as morality, generally accepted good customs, and public order. In particular, the user agrees to refrain from:

(a) Reproducing, copying, distributing, making publicly available, or otherwise communicating, transforming, or modifying the services and contents, unless authorized by the rights holder or legally permitted;
(b) Removing, manipulating, or otherwise altering the copyright and other identifying data of rights reserved by KIT CAT or third parties;
(c) Exercising or abusing the exploitation rights associated with such content unless expressly authorized by the legitimate holder and, if applicable, under the expressly agreed conditions.

All trademarks, names, distinctive signs, content architecture (design, navigation, organization, and taxonomy of the Platform and its content, etc.), and any content or software incorporated in the Platform are the property of KIT CAT or third parties, and it cannot be understood that the use or access to the Platform and/or its contents or services grants the user any rights over these trademarks, trade names, or distinctive signs, or over any other elements provided through it.

In short, the contents and other services are under the intellectual or industrial property of KIT CAT or third parties, without being transferred to the user under these terms of use or service conditions, except for the strictly necessary use or access to the Platform and services and content (non-sub-licensable to third parties due to the nature of the service and other legal requirements).

5. HYPERLINKS

Users, and in general those intending to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”), must comply with the following conditions:

The Hyperlink will only allow access to the Platform’s homepage, and cannot reproduce it in any form, including the prohibition of reproducing or linking to specific contents or services of the Platform without the express written authorization of KIT CAT;
No frame will be created over the Platform’s web pages;
No false, inaccurate, or incorrect statements about KIT CAT, its executives, officers, or collaborators, or regarding the contents or services provided, either directly or indirectly;
It will not be declared or implied that KIT CAT or any other third party on the Platform has authorized the Hyperlink or supervised or assumed the services offered or made available on the website where the Hyperlink is established. Except for signs forming part of the Hyperlink, the website where the Hyperlink is established will not contain any trademark, name, label, logo, slogan, or other distinctive signs belonging to KIT CAT or third parties;
The website where the Hyperlink is established will not contain illegal content, or content contrary to morality, generally accepted good customs, or public order, especially regarding disabled or vulnerable people, minors, or elderly persons, nor content infringing any rights of KIT CAT or third parties.

Establishing a Hyperlink does not imply, in any case, a relationship between KIT CAT and any third party included on the Platform, nor acceptance or approval by KIT CAT or such third parties of their content or services.

In any case, KIT CAT may request at any time that persons who have established a hyperlink remove it, reserving any legal or judicial actions.

6. DISCLAIMER OF WARRANTIES AND LIABILITY

KIT CAT does not guarantee the availability and continuity of the Platform and services provided through it, whether owned by KIT CAT or third parties. When reasonably possible, KIT CAT will notify in advance of interruptions in Platform functionality, content access, or service provision.

KIT CAT does not guarantee the usefulness of the Platform, contents, or services for any specific activity or purpose intended by the user.

KIT CAT does not control or guarantee the absence of viruses or other elements in the contents that could cause alterations in the user’s computer system (software or hardware) or in electronic documents and files stored on it, although it will adopt preventive and corrective measures.

KIT CAT does not guarantee in any way the truthfulness, accuracy, completeness, timeliness, legality, reliability, or usefulness of Platform contents and services, especially those provided, offered, advertised, or supplied by third parties.

KIT CAT may provide users with technical linking devices (such as links, banners, buttons), directories, and search tools allowing access to websites owned or managed by third parties (“Linked Sites”). These tools aim only to facilitate search and access to information, content, and services available on the Internet. Search tool results are provided by third parties and are automatic; KIT CAT does not control and cannot control such results, particularly if they include illicit, immoral, or inappropriate content.

KIT CAT, as a mere information society service provider, does not assume, direct, control, or identify with opinions, comments, or actions associated with users, nor does it have editorial activity in this regard. Users (and, if applicable, their legal representatives) are solely responsible for such opinions, comments, or actions on the Platform.

KIT CAT does not assume, share, or cooperate with users’ intended or performed actions. Users (and their legal representatives) are solely responsible for actions or measures they undertake based on information accessed or transmitted via the Platform, mainly provided by other users.

Despite prohibitions, rules, and recommendations, KIT CAT does not guarantee nor is responsible for users’ coherent, diligent, or prudent use of the Platform, services, or content. However, it may implement security and detection systems and adopt corrective measures upon verified non-compliance, ensuring the general legitimacy of services, contents, reviews, opinions, and comments on the Platform without implying a control obligation for KIT CAT.

Users (and their legal representatives) are solely responsible for actions, reviews, opinions, comments, contents, and information they publish or transmit through the Platform.

In all these cases, KIT CAT excludes any liability or damages to the fullest extent permitted by applicable law, whether towards the user, their legal representatives, or any third party.

7. PROCEDURE IN CASE OF ILLEGAL ACTIVITIES

If any user, person, or third party considers that there are facts or circumstances indicating illegal use of any service or content on the Platform, or violation of their rights and legitimate interests, they may notify KIT CAT through any legally valid means, containing at least:

(a) Identifying and contact information of the claimant: full name, postal and email address for notifications, national ID, passport, or equivalent legal document (including copy), and phone number;
(b) Specification of the alleged illegal activity on the Platform;
(c) For alleged violations of intellectual or industrial property rights, precise identification of the rights, supporting documentation, indication of protected content or elements, and their specific location on the Platform;
(d) Sufficient powers of representation (legal or voluntary), including, if applicable, Family Book and ID, passport, or equivalent for legal representatives of minors, and powers of representation for voluntary representatives;
(e) Explicit statement, under responsibility, that the information in the notification is accurate and the use of content or activities is illegal;
(f) Handwritten or electronic signature of the claimant or affected person on whose behalf they act, and the date.

KIT CAT will examine the notification and attached documentation and respond as soon as possible, without prejudice to its right to block or remove temporarily or permanently any content, opinions, comments, or information involved in the claim, without prior notice to the user.

8. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENT

In case of user breach of these terms of use and the Platform’s Privacy and Cookies Policy, which the user fully and unreservedly accepts, KIT CAT may, as described in these documents, deactivate or delete the user account or prevent the user from using the Platform and associated services, without generating any right to compensation, restitution, or indemnity.

KIT CAT also reserves the right to block and remove at any time, without prior notice, data, elements, reviews, comments, opinions, or any content that is or may be contrary to applicable law, norms, policies, or conditions.

KIT CAT reserves the right to exercise any legal or judicial actions deemed appropriate in response to such acts.

9. GOVERNING LAW AND JURISDICTION

These terms are governed, in every respect, by applicable Spanish law. In case of conflict or divergence in interpretation or enforcement, or any other specific conditions on the Platform, the competent courts and tribunals of KIT CAT shall have jurisdiction, waiving any other jurisdiction that may correspond to the parties.