Terms & Conditions of Use

1. Identification of the Owner

These Terms and Conditions (hereinafter, the "Terms") govern access to and use of:

(i) the website www.temprofit.com (hereinafter, the "Website");
(ii) the TEMPROFIT application and/or digital platform (hereinafter, the "Application" or the "Platform"); and
(iii) the services offered through them (hereinafter, the "Services").

The Website, the Application and the Services are owned by:

TRESOJOTAS
Address: Calle Alamedilla 12, block 1 floor 3A, 28045 Madrid, Spain
(hereinafter, the "Owner").

Access to and use of the Website, the Application and/or the Services by any person (hereinafter, the "User") implies full, express and unconditional acceptance of these Terms.

Should the User disagree with them, they must refrain from using the Website, the Application and the Services.

2. Acceptance of the Terms

Access to, registration with and/or use of the Platform implies full, express and unconditional acceptance of these Terms.

If the User does not accept these Terms, they must refrain from using the Platform.

3. Service Description

TEMPROFIT is a SaaS platform that allows users to manage, record, visualise and organise personal or professional financial information.

The Platform is exclusively a technological data-organisation and analysis tool, and does not imply: financial advice, accounting advice, tax advice or financial intermediation.

4. Nature of the Service and Exclusion of Advice

The User acknowledges and accepts that:

• The Platform is not a financial institution nor a provider of regulated services.
• The information generated by the Platform is for guidance purposes only.
• Financial, economic or tax decisions made by the User are their sole responsibility.
• The Owner does not guarantee economic results or the accuracy of any projections or analyses generated.

5. Registration and User Account

Only natural persons over eighteen (18) years of age with full legal capacity under applicable law may register as Users. Use of the Platform by minors is expressly prohibited.

To access certain features of the Platform, the User must complete the registration process by providing truthful, accurate and up-to-date information.

The User is solely responsible for: (i) maintaining the confidentiality of their access credentials; (ii) all activities carried out through their account; (iii) diligent and secure use of the Platform.

The Owner shall not be liable for unauthorised access, misuse of the account or loss of information resulting from the User's negligence, action or omission.

6. Data Entered by the User

The User is the sole and exclusive party responsible for the data, information and content they enter, upload, store or process through the Platform.

In particular, the User declares and warrants that: (i) the data entered is truthful, accurate, complete and up to date; (ii) the data entered has a lawful origin and its processing does not infringe applicable regulations or third-party rights; (iii) they have sufficient legal basis to process personal data of third parties, in the event they enter such data into the Platform; (iv) the information uploaded does not infringe intellectual property, privacy, confidentiality or any other third-party rights; (v) they use the Platform at their sole responsibility, consistently with these Terms.

The Owner assumes no responsibility whatsoever for: (a) the accuracy, truthfulness or legality of the data entered by the User; (b) the improper, unauthorised or unlawful use of the information uploaded to the Platform; (c) the economic, financial or other decisions made by the User based on the information recorded; (d) improper processing of third-party personal data by the User.

7. Use of the Platform

The User undertakes to use the Platform in accordance with applicable regulations, these Terms and the principles of good faith, diligence and legitimate use.

The User shall refrain from, among other things: (a) using the Platform for unlawful, fraudulent, deceptive or otherwise illegitimate purposes; (b) entering, storing or processing false, inaccurate, unauthorised data or data that violates third-party rights; (c) breaching or attempting to breach the security of the Platform, including unauthorised access to systems, accounts, databases or networks; (d) introducing viruses, malware or any other technological element that may damage, interfere with or affect the operation of the Platform; (e) performing reverse engineering, decompilation, data extraction (scraping), unauthorised automation or any attempt to access the source code or the internal logic of the system; (f) interfering with other users' use of the Platform or affecting its availability.

Breach of this clause may result in immediate termination of the User's account, without prejudice to any legal action that may apply.

8. Data Protection

Processing of the Users' personal data is carried out in accordance with the Privacy Policy.

9. Payments, Subscriptions and Changes

All contracts, subscriptions and transactions made through the Platform shall be governed by these Terms, as well as by any specific conditions that may apply to each service.

The Owner may offer subscription-based services, which may automatically renew for successive periods unless the User cancels the subscription before the start of the next billing period.

The Owner reserves the right to modify, at any time and with future effect: (i) subscription prices; (ii) the features or services included; (iii) the subscription plans or offered tiers.

Payments will be made exclusively through the third-party platform Stripe (stripe.com), which acts as an independent payment service provider and technical intermediary.

Accordingly: (i) payment processing is subject to Stripe's terms and conditions; (ii) the Owner does not store or have access to full credit card or other payment data; (iii) the Owner shall not be liable for errors, rejections, failures, interruptions or inconveniences arising from payment processing by Stripe.

10. Refund Policy

The Platform may offer a free trial period as indicated on the Website or within the Platform itself.

On the annual Premium plan, a 30-day money-back guarantee applies: if the User cancels within 30 days of the initial payment, the full amount will be refunded. After 30 days, no refunds will be made for partial subscription periods.

For the monthly Premium plan, no full or partial refunds will be made for subscription periods already started or paid, regardless of actual use of the Platform by the User, unless applicable law provides otherwise.

The User may cancel their subscription at any time, preventing future automatic renewals, and retaining access until the end of the period already paid.

11. Invoicing and Tax Obligations

The User is solely and exclusively responsible for complying with their tax, accounting and regulatory obligations in accordance with the applicable law in their jurisdiction.

The Platform is merely a technological management and organisation tool and does not constitute tax, accounting or financial advisory services, nor does it validate the User's regulatory compliance.

The Owner does not guarantee that the Platform's features, the data generated or the reports produced comply with the legal, tax or regulatory requirements of any specific jurisdiction.

12. No Financial Advice — Informational Use

The Platform is intended to provide technological tools for organising, visualising, analysing and managing the User's financial information, for purely informational and supporting purposes.

The Owner does not provide financial, economic, accounting, tax, legal or investment advisory services.

Accordingly: (i) the information, metrics, projections, reports or recommendations generated by the Platform do not constitute professional advice and must not be interpreted as such; (ii) the Platform does not formulate personalised investment recommendations nor guarantee economic results; (iii) the Owner does not act as a registered advisor, financial intermediary, credit institution or regulated financial entity.

The User undertakes to use the Platform with their own judgement, diligence and prudence, and, where appropriate, to consult qualified professionals before making relevant financial decisions.

13. Access to the Service and Availability

Subject to compliance with these Terms, the Owner grants the User a limited, non-exclusive, revocable and non-transferable right of access to the Platform, exclusively for personal, individual and non-commercial use, within the features enabled at any given time.

The Owner will make commercially reasonable efforts to keep the Platform available on a continuous basis. However, the User acknowledges and accepts that access may be interrupted, limited or affected at any time.

The User acknowledges and accepts that: (a) the Platform is provided on an "as is" and as-available basis; (b) the Owner does not warrant uninterrupted availability or the absence of errors; (c) service interruptions, modifications or limitations are part of the nature of digital services.

14. Third-Party Links and Services

The Platform may contain links, integrations, features or references to third-party websites, applications, products or services.

The Owner does not control, supervise or guarantee the availability, security, legality, quality, accuracy or operation of Third-Party Services, and assumes no liability for the content, products or services offered through them.

15. Intellectual Property

All intellectual and industrial property rights in the Platform, the Website and the Services, including, without limitation, the software, source and object code, algorithms, models, features, architecture, design, interfaces, databases, data structures, know-how, trademarks, trade names, logos, content, text, images, graphics, designs, documentation and any other element or material, are the exclusive property of the Owner or of third parties that have authorised their use.

Access to and use of the Platform does not imply, in any case, the assignment, licence or transmission of any intellectual or industrial property right to the User, beyond a limited, personal, non-exclusive, revocable, non-transferable and non-sublicensable right of use.

The User retains ownership of the data and information they enter into the Platform. However, they grant the Owner a non-exclusive, royalty-free, worldwide licence for the duration of the relationship, to process such data to the extent necessary for the provision of the service.

16. Limitation of Liability, Exclusion of Warranties and Indemnity

The Platform is provided "as is" and "as available", within the limits permitted by applicable law.

To the maximum extent permitted by law, the Owner shall not be liable, on any basis or legal ground, for damages of any kind arising from the use or inability to use the Platform, including: (i) economic, financial or commercial losses; (ii) loss of profit, loss of revenue, benefits, opportunities or expected savings; (iii) loss of data, information or reputation; (iv) indirect, incidental, special or consequential damages.

In any event, the Owner's total accumulated liability to the User, whatever the cause of the claim, shall be limited to the amount actually paid by the User in the twelve (12) months preceding the event giving rise to it.

The User undertakes to defend, indemnify and hold harmless the Owner against any claim, damage, loss, liability, penalty or expense arising from the use of the Platform, breach of these Terms, or infringement of third-party rights.

17. Termination, Suspension and Remedies

The Owner may, at its sole discretion, suspend, limit or cancel the User's access to the Platform, temporarily or permanently, without prior notice, in the following cases: (i) breach of these Terms; (ii) improper, unlawful, fraudulent use or use contrary to good faith; (iii) breach of the security of the Platform or attempts of unauthorised access; (iv) request from competent authorities or compliance with legal obligations.

Termination of the account does not relieve the User of obligations previously assumed, including any legal liability arising from their use of the Platform.

18. Changes

TEMPROFIT may modify these Terms at any time. Changes will be published on the official site and will take effect from publication.

19. Governing Law and Jurisdiction

These Terms shall be governed and interpreted in accordance with Spanish law.

Notwithstanding the foregoing, where the User qualifies as a consumer under applicable law, the mandatory consumer protection provisions in force in their country of habitual residence will also apply.

To resolve any dispute, the parties agree to submit to the jurisdiction of the courts of the city of Madrid, Spain.

20. Contractual Nature

These Terms constitute a legally binding agreement between the User and the Owner, governing access to and use of the Platform.

The User's acceptance of these Terms, whether by registration, access or use of the Platform, shall have contractual effect and produce full legal effects.

The relationship between the User and the Owner is strictly civil or commercial, as applicable, and in no case constitutes an employment, corporate, representation, agency, mandate or partnership relationship between the parties.

21. Contact

For any query, request, claim, notification or communication related to the Platform or to these Terms, the User may contact the Owner through:

Email: hola@tresojotas.com