Legal notice

ABOUT THE TERMS OF USE OF THE PLATFORM: ACCEPTANCE, AMENDMENTS AND VALIDITY

These general conditions govern 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 No. 236, 08226, Terrassa, Barcelona, and Tax ID (CIF) B66536798.

1.1

Platform Users

Browsing and using the Platform grants you the status of user thereof and implies your full and 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 event, users of the Platform, whether registered or not, must be at least eighteen (18) years of age, and use by users under that age is prohibited. You therefore responsibly assume compliance with this condition and declare that you meet the minimum age requirement to access and use the Platform. KIT CAT may, at any time, request any supporting documentation necessary in order to verify proper compliance with this condition.

In the event that users breach the terms and policies to which the Platform is subject, KIT CAT may prevent the user from accessing it, suspend the services being provided or, where applicable, deactivate user accounts, without this giving rise to any right to a refund or monetary compensation for such users.

1.2

Amendment of the Conditions

We therefore recommend that users carefully read these terms of use each time they access the Platform, as they may be amended for legal, technical or corporate reasons, as a result of internal self-regulation processes, or due to KIT CAT voluntarily adhering to existing codes of conduct relevant to its activity and to the improved protection of its users' rights. Whenever possible, KIT CAT will announce through the Platform, prior to their entry into force, any relevant amendment to these conditions affecting the rights and interests of Platform users. If you do not agree, you may unsubscribe from the relevant service(s).

1.3

Validity

The declaration of any of these 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, at any given time, of requiring compliance with any of these conditions shall not imply a general waiver of compliance with any other condition or conditions imposed, nor shall it create an acquired right for the other party.

1.4

Duration

Access to the contents of the Platform is, in principle, provided for an indefinite period.

KIT CAT is authorised to terminate or suspend the provision of services or the performance of activities through the Platform at any time, while fully complying with the regulations applicable in such cases. Whenever reasonably possible, KIT CAT will provide prior notice through the Platform of the termination or suspension of the provision of services made available through it.

GENERAL CONDITIONS FOR ACCESS TO AND USE OF THE PLATFORM

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

2.1

Free Access to and Use of the Platform

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

2.2

Browsing, Registration and Data Forms

As a general rule, initial access to or browsing of the Platform does not require prior subscription or registration by users. However, KIT CAT may make the provision of certain services or access to content offered through the Platform conditional upon prior registration by the user on the Platform, as well as 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 or corporate reasons, or in accordance with any self-regulation processes to which it may be subject.

2.3

Truthfulness, Accuracy and Currency of Information Provided by the User

The data entered by users in the corresponding registration forms or data collection forms made available through the Platform must at all times be accurate, current and truthful and will be processed by KIT CAT in accordance with Spanish personal data protection legislation (where such data are personal data). The user (or their legal representative) shall be solely responsible for any false, inaccurate or outdated statements made and for any damage caused in this regard to KIT CAT or third parties as a result of failure to comply with this obligation.

2.4

Obligation to Make Proper and Responsible Use of the Platform and Services

The user undertakes to use the Platform and the Services reasonably and in accordance with current regulations, these terms of use, the specific conditions governing the services, the privacy policy and other notices, rules of use and instructions brought to their attention, generally accepted standards of morality and good conduct, and public order. In the event of a breach of these commitments, KIT CAT reserves the right to exclude the user, prohibit or deny them access to the Platform and its services, without prejudice to KIT CAT's right to take any legal and/or judicial action deemed appropriate in defence of its legitimate interests and rights, whether its own or those of third parties.

2.5

Use of the Artificial Intelligence Chatbot

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

The user is informed that:

The chatbot uses generative artificial intelligence models and, therefore, the responses provided are generated automatically, without direct and immediate human intervention.
The information provided by the chatbot is for guidance purposes only and should therefore not be regarded as professional advice or advice of any specialised nature. The user shall be responsible for how they use the information received.
KIT CAT does not guarantee the accuracy, truthfulness or currency of the responses generated by the chatbot, although it will adopt reasonable measures to monitor its operation, improve its quality and minimise potential bias or errors.
In compliance with the European Union Artificial Intelligence Regulation (Regulation (EU) 2024/1689), the user is clearly informed in advance that they are interacting with an artificial intelligence system and not with a natural person.

In all cases, users are advised to verify the information received and, where appropriate, consult a competent professional in order to obtain specific advice.

PROHIBITED USES

Platform users are PROHIBITED from:

1. Using any of the services or content made available through the Platform for unlawful purposes or effects, purposes prohibited under these conditions, or purposes harmful to the rights and interests of KIT CAT or third parties. Unlawful purposes shall include, among others, the use by users of the services or content provided for profit-making or commercial purposes, theft of trade secrets or business “know-how”, promotional or advertising purposes, purposes that encourage participation in any type of gambling, games of chance, prize draws or bingo, and the collection of third-party data. The use of the services and content on the Platform is solely corporate or personal in nature, as provided for in these Conditions, and is intended exclusively for users authorised by KIT CAT for such purposes.

2. Damaging, disabling, overloading, impairing or preventing the normal use of the services through the Platform, as well as carrying out any form of cyberattack against the Platform or associated systems or processes.

3. Transmitting, communicating or making available to third parties information, data, content, messages and, in general, any kind of content that:

(a) in any way is contrary to, undermines or infringes fundamental rights and public freedoms recognised by the Constitution, international treaties and other applicable legislation, particularly with regard to persons with disabilities and other especially vulnerable groups such as minors or elderly persons;

(b) in particular, is contrary to the right to honour, personal and family privacy or a person's own image;

(c) contradicts or infringes the fundamental right to privacy and the protection of personal data.

(d) induces, incites or promotes unlawful, criminal, degrading, defamatory, slanderous, violent conduct or, in general, conduct contrary to the law, generally accepted morality and good customs, or public order;

(e) induces, incites or promotes discriminatory conduct, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or status;

(f) incorporates, makes available or allows access to illegal, pornographic, criminal, violent, offensive, harmful or degrading elements, messages and/or services or, in general, elements contrary to the law, generally accepted morality and good customs, or public order;

(g) induces or may induce an unacceptable state of anxiety or fear;

(h) induces or encourages participation in dangerous, risky or harmful practices affecting people's health or physical or psychological wellbeing;

(i) is protected by any intellectual or industrial property rights belonging to third parties without the user having first obtained from the respective owners the necessary authorisation to carry out the use being made or intended;

(j) violates the secrets of KIT CAT or any other third party;

(k) is false, ambiguous, inaccurate, exaggerated or untimely, in such a way as to mislead or potentially mislead as to its subject matter or the intentions or purposes of the person communicating it;

(l) in any way damages the reputation of KIT CAT or third parties; (ll) constitutes, where applicable, unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;

(m) incorporates viruses or other physical or electronic elements that may damage or prevent the normal operation of the social network, system or computer equipment (hardware and software) of KIT CAT or third parties, or that may damage electronic documents, digital content and files stored on such systems or computer equipment;

(n) due to its characteristics, such as format, extension, etc., causes difficulties in the normal operation of the services or in access to the Platform or its content;

In the event that the users concerned breach these prohibitions, and from the moment KIT CAT has reliable knowledge of the facts, KIT CAT may issue as many warnings as necessary in order to bring such activities or conduct to an immediate end; promote their immediate removal or correction; and refrain from transmitting or simply disregard, where applicable, any ratings, opinions or comments made within the Platform.

If the relevant user fails to comply with such requests from KIT CAT, whether pursuant to a legal or judicial requirement or simply in consideration of KIT CAT's own legitimate interests or those of third parties, KIT CAT may block and remove from the Platform, at any time, the aforementioned elements, information, ratings and content where it becomes aware of their unlawful nature, without prior notice to users. It may also suspend, deactivate or delete the user's account, where one exists, without this giving rise to any right or monetary compensation in favour of the user.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The user undertakes to use the content and services made available on the Platform, including, without limitation, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or audio content, as well as their graphic design and source codes (hereinafter, the “Content”), in accordance with the law, these terms of use, the specific conditions governing the services and other notices, rules of use and instructions brought to their attention, as well as generally accepted standards of morality and good conduct and public order. In particular, the user undertakes to refrain from:

(a) Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the services and content, unless authorised by the holder of the corresponding rights or legally permitted;

(b) Removing, manipulating or otherwise altering the copyright notice and other information identifying KIT CAT's or third parties' reservation of rights.

(c) Exercising or abusing the exercise of exploitation rights associated with such content, unless expressly authorised for that purpose by the legitimate holder thereof and, where applicable, under the conditions expressly agreed in this regard.

All trademarks, names, distinctive signs, content architecture (design, navigation, organisation and taxonomy of the Platform and its content, etc.) and content or software of any kind incorporated into the Platform are the property of KIT CAT or third parties. The use of or access to the Platform and/or its content or services shall not be understood as granting the user any rights over such trademarks, trade names and/or distinctive signs or any other elements made available through it.

Ultimately, the content and other services are protected by the intellectual or industrial property rights of KIT CAT or third parties, and none of the rights that apply or may apply to them shall be deemed transferred to the user pursuant to these terms of use or the services, beyond what is strictly necessary for the proper use of or access to the Platform and the services and content made or potentially made available to the user through it (such use not being sublicensable to third parties due to the characteristics of the service itself and the other associated legal requirements).

HYPERLINKS

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

The Hyperlink shall only provide access to the home page or main page of the Platform and may not reproduce it in any way, including the prohibition on reproducing or linking to specific content or services of the Platform without KIT CAT's express written authorisation;
No frame shall be created around the web pages of the Platform;
No false, inaccurate or incorrect statements or indications shall be made regarding KIT CAT, its senior officers, staff or collaborators, nor regarding the content or services provided, whether directly or indirectly;
It shall not be stated or implied that KIT CAT or any other third party present on the Platform has authorised the Hyperlink or has supervised or in any way assumed responsibility for the services offered or made available on the website on which the Hyperlink is established. Except for signs forming part of the Hyperlink itself, the website on which the Hyperlink is established shall not contain any trademark, name, sign, designation, logo, slogan or other distinctive sign belonging to KIT CAT or to third parties related to it, particularly those visible through the Platform;
The website on which the Hyperlink is established shall not contain unlawful information or content, content contrary to generally accepted morality and good customs or public order, especially with regard to persons with disabilities or particularly vulnerable persons such as minors or elderly persons, nor shall it contain content that infringes any rights of KIT CAT or third parties.

Establishing the Hyperlink shall under no circumstances imply the existence of a relationship between KIT CAT and any third party included or present on the Platform, on the one hand, and the owner of the website on which it is established, on the other, nor the acceptance or approval by KIT CAT or such third parties of its content or services.

In any event, KIT CAT may at any time require persons who have established a hyperlink between their website and the Platform to remove it, while reserving any legal and/or judicial actions that may be available to it.

EXCLUSION OF WARRANTIES AND LIABILITY

KIT CAT does not guarantee the availability or continuity of the operation of the Platform or of the services made available through it, whether its own or those of third parties. Whenever reasonably possible, it will provide prior notice of interruptions affecting the operation of the Platform, access to its content or the provision of the relevant services.

KIT CAT also does not guarantee the usefulness of the Platform or of the content and services made available through it for carrying out any specific activity or achieving any specific purpose intended by the user.

KIT CAT does not control or guarantee the absence of viruses or other elements in the content that may cause alterations to the user's computer system (software and hardware) or to electronic documents and files stored on their computer system, although it will adopt the necessary preventive and corrective measures in this area.

KIT CAT does not absolutely guarantee the truthfulness, accuracy, completeness, currency, lawfulness, reliability or usefulness of the content and services of the Platform, particularly those provided, offered, advertised or supplied by third parties unrelated to this entity.

KIT CAT may make available to users through the Platform technical linking devices, including, among others, links, banners and buttons, as well as directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools on the Platform is solely intended to facilitate users' search for and access to information, content and services available on the Internet. Search tool results are provided directly by third parties and arise from the automatic operation of technical mechanisms, meaning that KIT CAT cannot and does not control those results and, in particular, whether Internet sites whose content may be unlawful, contrary to morality or good customs, or considered inappropriate for other reasons, appear among them.

KIT CAT, as a mere provider of information society services, does not assume, direct or control, nor in any way identify itself with, the opinions, comments or actions associated with users, and does not carry out any editorial activity in this area. The user (and, where applicable, their respective legal representatives) shall be solely responsible for such opinions, comments or actions through the Platform.

KIT CAT likewise does not assume, share or assist in any way with actions intended or carried out by users of the Platform. Users (and, where applicable, their respective legal representatives) shall be solely responsible for any actions or measures they intend, undertake or adopt on the basis of information accessed or transmitted through the Platform, primarily by other users thereof.

Despite the numerous prohibitions, rules and recommendations that KIT CAT addresses to users of the Platform, KIT CAT does not guarantee or accept any responsibility whatsoever for users using the Platform, its services or the content made available through it in a manner consistent with this legal notice or the privacy policy, or for users doing so diligently and prudently. Nevertheless, it may implement security and detection systems in this area and will adopt all necessary corrective measures from the moment it obtains reliable knowledge of possible breaches, safeguarding the general legitimacy of the services, content, ratings, opinions and comments that may be made through the Platform, without this representing or implying any monitoring obligation on the part of KIT CAT.

Users of the Platform (and, where applicable, their respective legal representatives) are, as a general rule, solely responsible for the actions, ratings, opinions, comments, content and information they publish, transmit, communicate or contribute through the Platform.

In all of the foregoing cases, KIT CAT excludes any liability for damage or loss that occurs or may occur, to the fullest extent permitted by the applicable legal system, whether in relation to the user, their respective legal representatives or any other third party.

PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES

If any user, person or third party considers that facts or circumstances exist revealing the unlawful nature of the use of any service or content made available through the Platform, or that their rights and legitimate interests have been infringed, they may send a notification to KIT CAT through any legally valid means containing at least the following:

(a) Identification and contact details of the complainant: full name, postal and electronic address (email) for notification purposes, national identity document, passport or equivalent legal identification document (including a copy or photocopy thereof), and contact telephone number.

(b) Specification of the alleged unlawful activity carried out on the Platform.

(c) Where an alleged infringement of intellectual or industrial property rights is involved, precise identification of such rights, supporting documentation relating to them (where available), identification of the protected content or elements, as well as their specific location on the Platform, where applicable;

(d) Sufficient powers of representation, whether legal or voluntary. Depending on the case, Family Book and national identity document, passport or equivalent document proving the identity of the legal representative (in the case of a legal representative of a minor), or sufficient powers of attorney (in the case of voluntary representatives of the complainant or affected person).

(e) An express and clear statement, made under the complainant's responsibility, that the information provided in the notification is accurate and that the use of the content or performance of the activities described is unlawful.

(f) The handwritten or electronic signature of the complainant or affected person on whose behalf they are acting, and the date.

In such cases, KIT CAT will examine the notification received and the documentation attached to it and will respond to the complainant (or their legal or voluntary representative, depending on the case) as soon as possible, without prejudice to its right to block or remove, temporarily or permanently, at any time and without prior notice to the user, content, opinions, comments or any information or element that is the subject of the complaint or related to it.

WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENT

In the event that the user breaches these terms of use and the Platform's Privacy and Cookie Policies, also accessible from here, all of which the user fully and unconditionally accepts, KIT CAT may, in the cases described in those documents, deactivate or delete the user's account or prevent the user from using the Platform and the services associated with it, without such breach of the user's specific obligations giving rise to any compensation, reimbursement or right whatsoever in favour of the user in this regard.

Likewise, KIT CAT reserves the right to block and remove from the Platform, at any time and without prior notice to the user, the publication of data, elements, ratings, comments, opinions and, in general, any content that is or may be contrary to applicable law, the rules, and KIT CAT's own policies and conditions.

In all cases, KIT CAT reserves the right to take any legal or judicial action that may be appropriate in relation to such conduct.

APPLICABLE LAW AND JURISDICTION

These conditions are governed, in each and every respect, by applicable Spanish law, with the Platform applying, in the event of any conflict or disagreement concerning the interpretation and/or enforcement thereof, or of any other specific conditions made available on the Platform, and with the parties waiving any other jurisdiction that may otherwise apply to them, to the competent Courts and Tribunals of KIT CAT.