Terms of Use and Conditions

OF THE KUBIK APPLICATION

General Information

In compliance with the duty of information contained in Article 10 of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce) you are using the mobile application “KUBIK” (hereinafter “the Application” or “App”), owned by KUBIK SIDE, S.L. with registered office at C/ Plaza Santa María Soledad Torres Acosta, number 2, 5º. 28004, Madrid. Spain, and with CIF B02642932 registered in the Mercantile Registry of Madrid, in Volume 40931, Folio 80, Page number M 726033.

Phone: +34 680257946

Email: legal@kubik.app

In addition to reading these Terms and Conditions, before accessing and/or using this App, you should read the Legal Notice and the Privacy Policy.

By using this App or by making and/or requesting the purchase of a product and/or service through this App, you agree to be bound by these Terms and Conditions as well as our Policies above, so if you do not agree with them, you should not use this App.

For all questions related to the Terms and Conditions, you may contact the owner through the contact details provided in the heading of this document.

2. The user

The access and use of the App and its contents attributes the condition of User of the same and implies the unreserved acceptance by the User of each and every one of the terms and conditions included in this document, in the version published at the time of accessing the same.

The User agrees to use the App diligently and responsibly of the content and services that KUBIK offers through its app and website, and by way of example, but not limited to, not to use them for:

  1. engage in activities that are illicit, illegal or contrary to good faith and public order;
  2. disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in apology of terrorism or in violation of human rights;
  3. cause damage to the physical and logical systems of KUBIK of its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
  4. attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.

Likewise, the User undertakes to:

  1. Use this application only to make legally valid inquiries and/or purchases or acquisitions.
  2. Do not make fraudulent or false purchases. In the event that the User is deemed to have made any such purchase, it may be cancelled and the relevant authorities will be informed.
  3. Provide truthful and lawful contact information, e.g. e-mail address, postal address and other information (See Legal Notice).

Likewise, the user declares to be of legal age and to have legal capacity to enter into contracts through this App.

3. Use of the service offered by Kubik

3.1. Registration, user name and password

In order to access and use the services offered through the App, it is essential to fill in all the information requested in the form.

By registering, the user accepts and agrees to be bound by these Terms and Conditions, as well as by the Privacy Policy and Legal Notice.

When registering, the user must provide a username and password to access his/her account. The access data will be for personal use only and may not be used by third parties.

KUBIK may, for purposes of transparency and fraud prevention or detection, establish a system to verify some of the information in the user’s profile.

The user will be responsible for ensuring that the information provided at the time of registration in KUBIK is correct, updating your account in the event that any of the data had been modified.

Likewise, the user will be responsible for all the use of the service that takes place through his account and the services he shares, exempting KUBIK from any loss that the user may suffer in the event that he is blocked from any online service due to non-compliance with the rules of any of the shared services or products. KUBIK reserves the right to immediately suspend access to the service or terminate your account in the event that it becomes aware of improper actions or treatment of the service.

3.2. Terms of Service

KUBIK is a platform through which users share expenses with other users (friends, family, colleagues, etc.) by exchanging services of all kinds: subscriptions, events, trips, apartment sharing…, in order to manage their expenses and save.

Through the platform, the user may create a “KUBO” where he/she will include the different services he/she intends to share, indicating the characteristics and conditions of the service, or access the KUBO created by another user in order to share the costs of the service to which he/she has been invited.

The user will be able to review from his profile the activity within the platform, as well as include his personal data including the payment method to send and receive money for the shared services.

The user shall be solely responsible for the content of the shared service published on the platform, guaranteeing the truthfulness and accuracy of all information included therein, undertaking to comply with the conditions and characteristics established in the advertisement.

KUBIK shall not be responsible for the content available on any online service accessed, as well as for the non-payment of any user of the shared service.

The Service and its application content may be altered, replaced, modified or updated in the future. Changes, modifications or updates to the content of the Service that do not change the general character of the Service and changes to the appearance of the application shall not be considered a modification of the Service.

The Service requires the User to have access to the necessary Internet connection, and the User is responsible for all costs associated with such connection.

3.3. Right of withdrawal and cancellation

As indicated in these Terms and Conditions, the user may register free of charge to the App, and may withdraw at any time.

Likewise, KUBIK may automatically terminate the contract whenever (i) there is an unauthorized use; (ii) the user has breached the agreement; (iii) the user has posted improper advertisements.

3.4. Shared costs

The access and registration in KUBIK, as well as the publication and visualization of the advertisements made by a user do not imply any cost, and the user can register for free in the platform.

Notwithstanding the foregoing, in the event that a user shares a service through the platform and it is accepted by another user, certain shared costs will be generated, which will be determined by the user who creates the KUBO in accordance with the provisions of clause 3.2. precedent.

KUBIK uses Stripe payments, which requests information about the user’s phone number and information about other applications installed on the device to ensure successful and secure transactions.

All payment transactions for the shared services of users in KUBIK will be made through STRIPE’s secure payment gateways, including the user’s Credit Card number.

The payment process is encrypted by means of the highest security standards used by these entities, and for this reason no one can have access to the data sent by our customers through the Internet.

In any case, the User is informed that KUBIK does not provide electronic payment services nor intermediates in its provision, so that users who use the payment platform will enter into a contract with it regarding payment services, of which KUBIK is not part.

You can consult STRIPE’s Privacy Policy and Legal Notice through its website: https://stripe.com/es.

Any claim or dispute regarding the payment services provided by this platform must be handled through KUBIK’s customer services.

4. Intellectual Property

All the information contained in this Web Site, as well as the graphic design, images, drawings, representations, voices, sounds, video recordings, audio segments, attached written descriptions, source codes, trademarks, trade names, names and other contents are subject to the intellectual and industrial property rights of KUBIK or third parties, and are legally reserved, and are protected by national and international legislation on the subject.

The access and use of the App does not imply in any case the waiver, transfer, assignment or total or partial license of such intellectual or industrial property rights, nor does it confer any right to use, translate, adapt, alter, exploit, reproduce, distribute or publicly communicate, for commercial purposes, the Website or its contents without the prior and express authorization of KUBIK or the legitimate third party owner of the rights affected.

The user of the App must refrain in any case from deleting, altering, evading or manipulating any protection device or security systems that may be installed in it.

The infringement of any of the aforementioned rights may constitute a breach of the conditions contained in the subscription agreement and a violation of the Law, and even a crime punishable under the Criminal Law.

5. Modifications to the terms and conditions

KUBIK, as owner of the App, may periodically change the Terms and Conditions of Purchase policy and, in such case, we will publish such changes through the website, as well as by notice on the App. Continuing nKUBIK, as the owner of the App, may periodically change the Terms and Conditions of Purchase policy and, in such event, we will post such changes through the website, as well as by notice on the App. The fact of continuing to browse the website or use the application after the entry into force of the aforementioned changes will be understood as your acceptance of the policy thus modified. In the event that the changes are of greater significance, we will notify you more prominently or request your consent, as specified by law.

7. Applicable law and jurisdiction

This App and the conditions contained in these Terms and Conditions of Purchase are governed by Spanish law. This App and the conditions contained in these Terms and Conditions of Purchase are governed by Spanish law. For any litigious matter or conflict derived from or related to the access and use of the App, or the interpretation and fulfillment of the aforementioned conditions, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.


Last modification: January 24, 2022.