1. ACCEPTANCE OF THE TERMS AND CONDITIONS

These Terms and Conditions govern the offering of InsttanttApp and related services provided by INSTTANTT TECHNOLOGIES SL.

InsttanttApp is offered by INSTTANTT TECHNOLOGIES SL and is free of charge. InsttanttApp is available to all smartphone users aged 18 and over (referred to as "You" or the "User") with a mobile data subscription from any telecommunications operator.

Please read these Terms and Conditions carefully before registering or using InsttanttApp and keep them for your records. By installing, registering, using, and/or fully accessing InsttanttApp, you confirm that you are legally bound by these Terms and Conditions, a copy of which will be sent to your registered email.

If you do not agree with any of these Terms and Conditions, please refrain from installing, using, or accessing InsttanttApp and related services.

Please note that the use of certain functionalities offered by InsttanttApp may be subject to additional terms and conditions related to ancillary services. Refer to those terms and conditions for any questions.

The InsttanttApp service is provided by INSTTANTT TECHNOLOGIES SL, https://www.insttantt.com/en/company/, located at Calle Espronceda 39, Entreplanta Izquierda, Madrid 28003, N.I.F.: B069287742.

2. DEFINITIONS

The capitalized terms in these Terms and Conditions will have the following meanings:

• Agreement or Terms and Conditions:

  these General Terms and Conditions (including the corresponding Privacy Policy) between You as the User and INSTTANTT TECHNOLOGIES SL.

• Insttantt Account:

  Your personal user account that allows you to use InsttanttApp.

• Device:

  the mobile phone you use with InsttanttApp.

• InsttanttApp:

  the mobile application for Android or iOS devices (i.e., mobile phones, tablets, or any similar device available from time to time) offered by INSTTANTT TECHNOLOGIES SL as described below.

• INSTTANTT TECHNOLOGIES SL:

  INSTTANTT TECHNOLOGIES SOCIEDAD LIMITADA, a Spanish company, headquartered in Madrid, at Calle Espronceda 39, Entreplanta Izquierda, Madrid 28003, N.I.F.: B069287742.

• Insttantt Brand:

  the registered nominative and figurative trademarks insttantt at the European Union Intellectual Property Office (EUIPO) under registration number 018463379, and all names, logos, trade names, trademarks, symbols, and marks, whether registered or not, that INSTTANTT TECHNOLOGIES SL and/or its affiliated companies own, manage, license, or otherwise control now or in the future, anywhere in the world.

• InsttanttQR Personal:

  the official insttantt QR, which features the insttantt icon. With this, users have a personalized insttantt QR, identifying them within the insttantt network. It can be used for various purposes, such as self-identification, securely sharing personal information with others, enrolling in programs, subscribing to services, requesting products, accessing websites, and even entering buildings. It is universally accepted where the instant service is available. Simply present your QR code, and the system will know what to do depending on where you are using it. The insttanttQR does not contain any personal data. The data is stored and encrypted in the database. This is a non-relational identification access, so if someone scans the QR without authorization, it does not compromise user data, as user data is stored and encrypted in various secure databases structured by insttantt.

• Service Provider:

  any entity that accepts your use of InsttanttApp to log in, register, or approve a transaction with them.

• Insttantt Network:

  refers to the digital ecosystem created by insttantt where people with an insttanttQR can interact with others who also have one and with affiliated entities for the provision of various goods and services.

• Safe-share:

  technology that allows secure sharing of information or data between individuals or entities, ensuring data protection against unauthorized access, breaches, or leaks. This technology includes measures such as encryption, secure file transfer protocols, access controls, and data rights management to safeguard sensitive information during transmission and storage. Our goal is to maintain data privacy and security while allowing its use and sharing among authorized parties.

• User / You / Your:

  you, as the user of InsttanttApp.

3. DESCRIPTION OF INSTTANTTAPP

3.1. General

InsttanttApp is a mobile application for Android and iOS devices offering a variety of services and functionalities for purposes such as personal identification, secure information sharing, program registration, service subscription, product requests, website access, and even building entry, all easily managed. It is widely accepted in locations where instant service is available. You only need to show your QR code, and the system will adapt according to the location of use.

3.2. Availability of InsttanttApp Services

The availability of the various services and functionalities offered through InsttanttApp may vary from time to time, depending on factors such as the type of Device you use to access them, your operating system, the options chosen by the Service Providers with whom you wish to use InsttanttApp, your telecommunications operator, or the SIM card you use.

InsttanttApp can only be used on websites or mobile applications that accept the use of InsttanttApp (as indicated by that website/mobile application); INSTTANTT TECHNOLOGIES SL does not guarantee the acceptance of InsttanttApp on any specific website or mobile application and generally will not be liable for the inability to use InsttanttApp with merchants who do not accept it.

3.3. InsttanttApp Functionalities

InsttanttApp functionalities include:

• The registration functionality allows you to share elements related to your identity, preferences, or contact information (as stored by Us) directly with the Service Provider when registering with that Service Provider for the first time.

• The login functionality allows you to log in to a mobile application or website of a Service Provider using InsttanttApp. Note that some functionalities are only available in the App, so it is recommended to use it.

• The contacts functionality allows you to add and manage the contacts in the Insttantt Network you are connected with, which can be either people or entities for the provision of goods or services. This functionality shows the data you are sharing with these people/entities, which you can add/remove/manage.

• The Safe-Share functionality allows secure data sharing in three ways: 1) by directly scanning the QR, 2) by scanning another’s QR and sharing information, or 3) by sending information remotely if the person is not nearby.

InsttanttApp functionalities may vary from time to time. If a new service or functionality becomes available, you will be informed, and you are free to decide whether to use it.

3.4. Right of Withdrawal

By creating your Insttantt Account, you request that the services commence immediately. Consequently, you cannot technically withdraw your request for InsttanttApp. However, you can always stop using the app at any time or terminate the Agreement permanently by following the procedure described in Chapter 13 below.

4. REGISTRATION AND ACCESS TO INSTTANTTAPP

4.1. Enrollment in InsttanttApp

To use InsttanttApp, you must create your Insttantt Account by following the steps described below.

Step 1 - Download InsttanttApp

First, download InsttanttApp on your mobile phone through the App Store or Google Play Store, as available in your country. You can only create one Insttantt Account.

Step 2 - Create an Insttantt Account

The account creation will be done within InsttanttApp, which will perform a series of identity and personal information validations, protected by Insttantt. With the account creation, a Personal InsttanttQR will be generated, which is your unique and non-transferable identification for accessing the app services. We will need the following minimum information to create your Insttantt account:

• Name (first and last name)
• Mobile phone number
• Primary email
• Date and place of birth

Additionally, during the registration process, you will be asked to validate your identity using available technological means, such as facial recognition, fingerprint, iris, or any other available method, which will be processed according to Insttantt’s privacy policy available at https://www.insttantt.com/en/company/about_us/legal. By accepting this document, you agree to the processing of these biometric data to obtain an Insttantt account, allowing you to access the Insttantt network and interact with others who are also identified, or with associated entities to access various products and services.

In addition to the basic data mentioned above for creating an Insttantt Account, to access different Insttantt goods and services, other information may be required, such as:

• Identification
• Phone number
• Nationality
• Financial data

This information is solely for accessing goods and/or services from entities within the Insttantt network that require such information for enrollment in those goods and/or services.

Once this information is completed, you will be invited to accept these Terms and Conditions (including the corresponding Privacy Policy), which, once accepted, will form the Agreement between you and INSTTANTT TECHNOLOGIES SL.

The Agreement is available in Spanish and English. After accepting these Terms and Conditions (including the corresponding Privacy Policy), INSTTANTT TECHNOLOGIES SL will register you in its database and send you a verification code via one of the communication channels authorized by you (SMS, email, or WhatsApp).

Step 3 - Security Provision and Completion of InsttanttApp Installation

You will be asked to enter the received code after accepting the Terms and Conditions and Privacy Policy. This step can only be successfully completed by the person who received the code. Upon completing this step, you will be asked to choose your password (be sure to read the password creation precautions). Once you have chosen and successfully implemented your code, your Insttantt Account will be created.

If you intend to use your face as a means of identification in the app, ensure that only your face is registered on the device. For more information about face processing, see our Privacy Policy.

During the process described above, each time you are asked to provide information, you will be given several opportunities to verify and correct errors in any information you provide and to review the submitted information before confirming its accuracy. By submitting the information and confirming its accuracy, you acknowledge that all information is accurate and that you have read, understood, and accepted the corresponding Terms and Conditions and Privacy Policy.

At the end of step 2, provided you have given us an email address, we will send an email to that address acknowledging the receipt of your registration and the creation of your account.

Step 4 - Linking Documents to Your Account

After completing step 3, you will be asked to validate various documents to access services linked to Insttantt, such as (non-exhaustive list) national identity document, passport, driver's license, among others.

Note that until step 4 is completed, some functionalities of InsttanttApp will not be available to you due to the lack of necessary information for the desired service provision.

4.2. Access and Use of InsttanttApp

Access and use of InsttanttApp are only permitted for individuals aged 18 and over with a mobile phone number. Access to the Insttantt Account will be blocked after entering an incorrect password three (3) consecutive times. To unlock your Insttantt Account, you must reactivate InsttanttApp.

INSTTANTT TECHNOLOGIES SL reserves the right to deactivate or suspend your Insttantt Account and subsequently deny access to your Insttantt Account at any time in case of technical issues, suspected misuse or fraud, or any other objective security reason.

To download and use InsttanttApp, you understand and agree that you must comply at all times with the Terms and Conditions, all applicable laws, rules, and regulations in using InsttanttApp. The use of each account is personal and non-transferable, so you will not allow another person to use InsttanttApp with your account. This would constitute criminal conduct of identity impersonation.

4.3. Re-enrollment in Specific Cases

You will be required to undergo one or more steps of the enrollment process described above if you wish to use InsttanttApp (i) with another device, (ii) with another mobile phone number; (iii) with another SIM card; or (iv) if your account has been blocked according to these Terms and Conditions.

5. SECURITY

5.1. Security Measures

You acknowledge and accept that a secure mobile phone is a basic requirement for accessing and using InsttanttApp and that neither INSTTANTT TECHNOLOGIES SL nor its subcontractors can be held responsible for any security risks caused by your mobile phone, browser, operating system, internet connection, firewall, network, etc.

You must take all reasonable measures to ensure that InsttanttApp on your mobile device is used in accordance with security rules for proper behavior on the internet and secure equipment, and where applicable, secure networks (Wi-Fi).

INSTTANTT TECHNOLOGIES SL reserves the right to deactivate or suspend your Insttantt Account and subsequently deny access to your account at any time in case of technical issues, suspected misuse or fraud, or any other objective security reason.

5.2. Precautionary Measures

INSTTANTT TECHNOLOGIES SL requires you to implement appropriate precautionary measures for using InsttanttApp, as detailed below in this chapter.

5.2.1. Precautionary Measures Regarding the Password

The password you select is strictly personal and confidential and must be securely stored. You must take all reasonable measures to keep your password safe and must observe the following security requirements:

• Keep your password secret: do not disclose it to anyone, not even family, friends, or anyone else, even if you believe they are acting with the best intentions. No one, including your bank, law enforcement, or insurance companies, has the legal right to request your password; therefore, you should not disclose it to anyone.
• Never write down your password, even in code (disguising it as a phone number, for example).
• When entering the password in the app, do so discreetly. Always ensure that the password cannot be seen without your knowledge. If you notice anything unusual, immediately report it to INSTTANTT TECHNOLOGIES SL through the available channels at https://www.insttantt.com/en/company/about_us/contact and follow the provided instructions.
• When choosing your password, select a secure code, avoiding any obvious combinations (e.g., part of the same code to access InsttanttApp as for your bank card or to access your device, part of a birth date, a phone number, a postal code, etc.). If you have reason to believe someone else knows your password, change it immediately. If it is no longer possible to access or use InsttanttApp with the password, contact INSTTANTT TECHNOLOGIES SL immediately through the available channels at https://www.insttantt.com/en/company/about_us/contact and follow any described instructions.

5.2.2. Precautionary Measures Related to the Device

The following non-exhaustive list of measures must be observed at all times:

• Do not leave your device unattended.
• Never authorize any party to use your device.
• Use antivirus software and a firewall.
• Keep your operating systems and software up to date.
• Never download pirated or cracked software.
• Do not use jailbroken or rooted devices.
• Do not click on pop-ups or links that indicate your device is infected with a virus.
• Be cautious with incoming email attachments.
• Use strong passwords (a strong password is composed of uppercase and lowercase text, as well as one or more numbers and symbols).
• Be aware of what type of information you share on social networking sites.
• Notify INSTTANTT TECHNOLOGIES SL as soon as you become aware of the loss or theft of your device or the risk of fraudulent use.
• Report the loss or theft of your device to the police within 24 hours of becoming aware of it.

You cannot allow any person other than yourself (including your spouse/partner, family members, or friends) to use your device. If you choose to register your face to use InsttanttApp, ensure that it is your face registered on your device and do not allow any other person's data (including your spouse/partner, children, family members, and friends) to be registered. If the faces of other people have been registered on your device, you must immediately delete them.

6. BLOCKING AND UNBLOCKING YOUR ACCOUNT AND CUSTOMER SUPPORT

As soon as you become aware of the loss, theft, unauthorized use, or risk of unauthorized use of (i) your device, or (ii) your Insttantt Account itself, you must immediately block your Insttantt Account. To block your Insttantt Account, call our available customer service number defined at https://www.insttantt.com/companies or send an email to security@insttantt.com. Additionally, complaints/claims can be made at here.

7. YOUR OBLIGATIONS

7.1. Basic Obligations

You must use InsttanttApp in accordance with these General Terms and Conditions.

Your email account and password are strictly personal. You must keep your password strictly confidential and comply with the security requirements described in the previous chapter.

You hereby confirm that you are the legitimate holder of the mobile phone number and email address you provide. You confirm that you have exclusive access to this mobile phone number and email address. You acknowledge that you are solely responsible for access to your device and email address and agree that neither INSTTANTT TECHNOLOGIES SL nor its subcontractors are responsible for verifying the link between you and the mobile phone number and/or email address you provide.

You must only provide information when requested during the registration process in InsttanttApp that is completely accurate.

You cannot use InsttanttApp to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for commercial purposes the software, content, offers, experiences, products, or services provided by INSTTANTT TECHNOLOGIES SL or obtained through InsttanttApp without obtaining the express written consent of INSTTANTT TECHNOLOGIES SL. This restriction includes any attempt to incorporate any information from InsttanttApp into any other directory, product, or service.

To use InsttanttApp, you must obtain and maintain all telephone, computer hardware, and telecommunications services and software and pay all related charges.

You are solely responsible for maintaining the security of your Insttantt Account, including your username, email address, and password, the confidentiality of your username and password, and ensuring that any other means of access to InsttanttApp (such as your face) are exclusively reserved for you. You are responsible for all activities conducted through your Insttantt Account by you or any other person. To the extent permitted by applicable law, neither INSTTANTT TECHNOLOGIES SL nor its subcontractors shall be liable for any loss or damage of any kind arising from a third party using your Insttantt Account, username, email address, or password, whether with or without your consent. Within the same limitations, you may be liable for any loss incurred by INSTTANTT TECHNOLOGIES SL or its subcontractors or any other party due to someone else using your Insttantt Account.

You must ensure and accept that the biometric data for your Insttantt Account are exclusively yours.

You cannot act as a payment intermediary, aggregator, or service office or otherwise resell InsttanttApp in whole or in part on behalf of any third party, including, but not limited to, handling, processing, and transmitting funds for any third party.

7.2. Notification of Loss, Theft, or Any Risk of Fraudulent Use and Blocking Your Insttantt Account

As soon as you become aware of the loss, theft, unauthorized use, or risk of unauthorized use of (i) the device you use to access your Insttantt Account, or (ii) your Insttantt Account itself, you must immediately block your Insttantt Account as indicated in Chapter 6 above.

You must immediately report the loss, theft, falsification, or unauthorized use to the relevant police authority at the location where it occurred and/or to INSTTANTT TECHNOLOGIES SL, as appropriate, through the channels available at https://www.insttantt.com/en/company/about_us/contact and in accordance with the provided instructions.

8. YOUR RESPONSIBILITY

8.1. General

You may be liable to indemnify INSTTANTT TECHNOLOGIES SL and its subcontractors for any damages they suffer, including, but not limited to, reasonable attorney fees resulting from: (i) your violation of this Agreement; (ii) misuse of InsttanttApp and/or the Insttantt Account; and (iii) infringement of copyright or other intellectual property rights or other rights of third parties in the context of InsttanttApp, including the Insttantt Account and the Insttantt brand.

8.2. Gross Negligence

The following non-exhaustive list of circumstances may, in the opinion of INSTTANTT TECHNOLOGIES SL, be considered grossly negligent conduct on your part, without binding the judge by such qualifications:

• Not choosing a sufficiently secure password or not taking the necessary precautionary measures to protect the password and/or the device on which InsttanttApp is installed.
• Not reporting the loss or theft of the device to INSTTANTT TECHNOLOGIES SL immediately after becoming aware of it.
• Recording the password legibly on the device or on an object or document that you keep or carry with your device.
• Disclosing the password to a third party.
• Allowing third parties to use InsttanttApp on your device.
• Leaving your device with InsttanttApp installed and/or your password unattended in public spaces.

INSTTANTT TECHNOLOGIES SL reserves the right to terminate the Agreement in accordance with Chapter 13 below in the event that you commit any act of gross negligence and to seek compensation for any damages suffered as a result of gross negligence.

9. RIGHT OF USE AND INTELLECTUAL PROPERTY

INSTTANTT TECHNOLOGIES SL and its licensors own or benefit from all intellectual property rights and know-how associated with InsttanttApp, including the Insttantt brand. All copyright, database rights, and software rights in all material contained in or available through InsttanttApp, including all information, data, text, music, sound, photographs, graphics, and video messages, and all source codes, software compilations, and other material, are owned by INSTTANTT TECHNOLOGIES SL or its licensors.

INSTTANTT TECHNOLOGIES SL grants you, for the duration of the Agreement, a non-transferable, non-sublicensable, royalty-free, worldwide, non-exclusive license to use InsttanttApp for your own personal purposes in accordance with these General Terms and Conditions. This license will include any future updates available to you from time to time, provided that you understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions, which will be notified to you when such an update becomes available.

Without prejudice to your rights related to software protection, you may not:

• Modify, translate, or adapt any components of InsttanttApp (including any associated software) in any way.
• Decompile or disassemble any components of InsttanttApp (including any associated software) in any way.
• Copy any components of InsttanttApp (including any associated software) in any way, except to make a backup copy.
• Transfer, dispose of, sublicense, lease, lend, or distribute any components of InsttanttApp (including any associated software) or documentation in any way to third parties.
• Merge InsttanttApp or any component thereof into other programs or create derivative works based on any component of InsttanttApp.
• Use InsttanttApp in whole or in part or any confidential information related to it to create software that is functionally equivalent to InsttanttApp or any part thereof.
• Use InsttanttApp in a manner that may lead to encouraging, procuring, or conducting any illegal or criminal activity or that may cause any harm or injury to any person.
• Remove, obscure, or alter notices of proprietary rights (including trademarks and copyrights) that may be attached or contained within InsttanttApp.

INSTTANTT TECHNOLOGIES SL reserves the sole right to correct any errors in the software.

No content in InsttanttApp shall be construed as granting a license or right to make commercial use of any trademark, intellectual property rights, or copyrighted material of INSTTANTT TECHNOLOGIES SL or its licensors without their prior express written permission.

In case InsttanttApp contains intellectual property elements belonging to third parties, INSTTANTT TECHNOLOGIES SL will ensure that such third party grants you the necessary usage rights.

You agree to immediately inform INSTTANTT TECHNOLOGIES SL of any claim from any third party based on an alleged infringement by INSTTANTT TECHNOLOGIES SL of third-party intellectual property rights and to provide all related information and support. You grant INSTTANTT TECHNOLOGIES SL the right to conduct any legal proceedings and negotiations related to such a claim. In the event of such a claim, INSTTANTT TECHNOLOGIES SL may, at its sole discretion (i) adapt the allegedly infringing component of InsttanttApp or related services to remedy the alleged infringement, (ii) obtain the right on your behalf to continue using the relevant component, or (iii) if INSTTANTT TECHNOLOGIES SL believes that none of these options can reasonably be achieved, terminate the Agreement.

10. OBLIGATIONS OF INSTTANTT TECHNOLOGIES SL

10.1. Internal Record

INSTTANTT TECHNOLOGIES SL (or any of its subcontractors acting on its behalf) will maintain an internal record of any activity related to your use of the App (including the creation of the Insttantt Account, the use of the InsttanttApp, any blocking of the Insttantt Account, and the deletion of the Insttantt Account). This information will be used by INSTTANTT TECHNOLOGIES SL as evidence in the event of a dispute between you and INSTTANTT TECHNOLOGIES SL regarding the performance of services by InsttanttApp, without prejudice to any contrary evidence you may present.

INSTTANTT TECHNOLOGIES SL will treat this internal record in accordance with applicable privacy laws, to the extent that personal data is included in this record, clarifying that the processing of personal data carried out within the territory of the European Union will be done on servers in one of the member countries of the European Union. Non-European data will be processed on servers in the United States. In the event of termination of the Services or after a period of inactivity of more than two years, the registration data will be destroyed. Similarly, data relating to operations you perform with InsttanttApp will be archived for a period of ten years from the relevant operation, after which they will be destroyed. For more information on the processing of personal data concerning you, please refer to the Insttantt Privacy Policy at https://www.insttantt.com/en/company/about_us/legal.

10.2. Continuity of InsttanttApp and Related Services

INSTTANTT TECHNOLOGIES SL will use commercially reasonable efforts to ensure the continuous availability of InsttanttApp and related services. However, it may suspend access to InsttanttApp without prior notice or compensation to perform maintenance tasks or in urgent circumstances (including in cases of fraud or suspicion or risk of fraud). While INSTTANTT TECHNOLOGIES SL will, in principle, notify you as soon as possible of any interruption, INSTTANTT TECHNOLOGIES SL cannot be held responsible for any compensation in the absence of such notification.

INSTTANTT TECHNOLOGIES SL cannot guarantee the continuous, uninterrupted, or error-free operation of InsttanttApp; InsttanttApp may be delayed, unavailable, or inaccurate from time to time due to a variety of factors, including location, Internet connection speed, technical reasons, maintenance, or updates. InsttanttApp is available through your device when it is within the operational range of a wireless carrier. The quality of services may also vary depending on the device used.

11. LIABILITY, DISCLAIMER OF WARRANTIES

11.1. Scope of Liability, Exclusions, and Limitation of Liability

The duties and responsibilities of INSTTANTT TECHNOLOGIES SL under this Agreement will be limited to those expressly stated and assumed herein, therefore, INSTTANTT TECHNOLOGIES SL is not responsible for any loss (i.e., loss, liability, cost, claim, damages, fees, charges, and expenses, including all legal fees and other professional fees and disbursements), directly or indirectly arising from:

• The malfunction of your device or telecommunications services or, in general, any third-party software or hardware;
• Any reason beyond the control of INSTTANTT TECHNOLOGIES SL (including cases of Force Majeure). For the purposes of the Agreement, Force Majeure will mean any unforeseen event beyond the reasonable control of INSTTANTT TECHNOLOGIES SL or which cannot reasonably be avoided and which prevents or delays the fulfillment, by INSTTANTT TECHNOLOGIES SL or any person acting on its behalf, of any of its obligations under this Agreement, including natural disasters, outbreaks or escalations of hostilities (whether war has been declared or not), hacking or internet or cyber-attacks that could not be prevented with reasonable security measures, or any other illegal act against public order or authority, unpredictable acts of authorities, strike or other labor dispute, government restriction, interruption of power or communications supply, suspension of payments, insolvency, administration, bankruptcy or liquidation of any third party;
• Your failure to comply with the security precautions and/or instructions set out in Chapters 5 and 7.2 above;
• The unavailability of functionalities, mobile applications offered by Service Providers or third parties;
• Negligent, illegal, unethical, fraudulent, or criminal acts or omissions of Insttantt Service Providers and/or any third party;
• Hacking and/or the spread of computer viruses, bugs or any other malware, malfunction, or errors.

Without limiting the foregoing, in no event will INSTTANTT TECHNOLOGIES SL or its subcontractors be liable for:

• Any indirect, incidental, or consequential loss, including, but not limited to, loss or damage to goodwill, loss of data, loss of profits, business interruption, third-party claims, reputation or expected savings, even if INSTTANTT TECHNOLOGIES SL was warned or was otherwise aware or should have been aware of the possibility or likelihood of such losses and regardless of whether the cause of action is in contract or tort (including negligence) or otherwise and regardless of whether any limited remedy provided herein is determined to have failed of its essential purpose;
• Any direct loss not caused exclusively by the gross negligence or willful misconduct of INSTTANTT TECHNOLOGIES SL, except in the case of death or physical injury;

To the extent permitted by law, the total liability of INSTTANTT TECHNOLOGIES SL under this Agreement for all losses suffered or incurred by you will not exceed 200 euros.

This Chapter applies regardless of the legal grounds or nature of the claim.

11.2. Disclaimer of Warranties

While INSTTANTT TECHNOLOGIES SL will make reasonable efforts to ensure that all information and documentation related to InsttanttApp is correct, accuracy cannot be guaranteed and neither INSTTANTT TECHNOLOGIES SL nor its subcontractors assume any responsibility for the accuracy, completeness, or authenticity of any information.

InsttanttApp and any of its components are provided "as is" and "as available". All warranties, express or implied, including any warranty of merchantability, title/non-infringement, quality of information, or fitness for a particular purpose, are disclaimed. No information obtained by you from INSTTANTT TECHNOLOGIES SL or its subcontractors will create any warranty not expressly stated herein. Without limitation and to the extent legally possible, INSTTANTT TECHNOLOGIES SL and its subcontractors disclaim all warranties regarding the availability of InsttanttApp or related software, except as expressly stated in this agreement or with respect to the fact that they will operate without errors, that defects will be corrected, or that the software is free of viruses or other harmful components. Your use of InsttanttApp is at your own risk, any content downloaded or otherwise obtained through InsttanttApp is provided at your own risk, and you are solely responsible for any damage to your computer system that may result from the use of InsttanttApp, including, but not limited to, damage caused by computer viruses.

11.3. Specific Liability

Sections 11.1 and 11.2 above apply without prejudice to the potential liability of INSTTANTT TECHNOLOGIES SL under any specific regulation applicable to its activities (including Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data).

12. EVIDENCE

The recording of telephone conversations made with the phone number mentioned in Chapter 6 is subject to the provisions of the Insttantt Privacy Policy. These records can be used as evidence of the content of the call, including any requests you make. In the event of a dispute, they may be presented as evidence before the competent authority to resolve the dispute.

As described in more detail in its Privacy Policy, INSTTANTT TECHNOLOGIES SL keeps records of operations performed with the application (registration, login, or approval of a transaction) for ten (10) years after the conclusion of the relevant operation, after which they are destroyed, unless INSTTANTT TECHNOLOGIES SL is required to retain them for a longer period for essential legal reasons in accordance with regulations or for legitimate interest reasons.

Unless evidence of fraud or gross negligence on the part of INSTTANTT TECHNOLOGIES SL is presented, you assume any loss or damage resulting from fraud or error arising from any request you have made or confirmed by fax, email, or any other electronic messaging system.

13. TERM OF THIS AGREEMENT AND TERMINATION

This Agreement is concluded for an indefinite period. You may terminate this Agreement at any time with immediate effect and without compensation. INSTTANTT TECHNOLOGIES SL may, with 15 calendar days' notice, terminate this Agreement or any of the services related to InsttanttApp without compensation.

Without prejudice to its other rights available by law or under the Agreement, INSTTANTT TECHNOLOGIES SL may, at its sole discretion, terminate this Agreement with immediate effect or suspend the performance of this Agreement, deny or restrict your access to InsttanttApp at any time if you breach this Agreement (including any use of InsttanttApp in any manner contrary to these General Terms and Conditions).

INSTTANTT TECHNOLOGIES SL may also suspend the performance of this Agreement, deny or restrict access to InsttanttApp at any time:

• If INSTTANTT TECHNOLOGIES SL becomes aware of facts that endanger the trust relationship between you and INSTTANTT TECHNOLOGIES SL or that damage or threaten to damage the reputation of INSTTANTT TECHNOLOGIES SL,
• In case of reasonable suspicion of fraud or risk of misuse or fraudulent use of InsttanttApp,
• In case of technical issues or
• For any other objective security reason.

Upon termination of the use of InsttanttApp, these General Terms and Conditions, including all rights and licenses granted hereunder, will be terminated, except for Chapters 11, 12, and 14.

14. CHARGES FOR INSTTANTTAPP

14.1. Fee

Downloading and using InsttanttApp is free for you.

14.2. Other Charges

To be able to use InsttanttApp, you will be required to:

• Pay the costs of purchasing, installing, and operating your Device and any operating software installed on it;
• Pay the costs of connecting to the Internet or other networks according to current rates, sending SMS messages, and communicating data through the Device used to access InsttanttApp;
• Pay the costs related to the services available through InsttanttApp and offered by third parties.

15. CHANGES TO THIS AGREEMENT AND INSTTANTTAPP

INSTTANTT TECHNOLOGIES SL may change this Agreement at any time. You will be informed of any modifications to this Agreement by email or by another accessible means.

INSTTANTT TECHNOLOGIES SL reserves the right to change or modify the content, materials, or information appearing on or in connection with insttanttApp, or to discontinue the services related to insttanttApp at any time with reasonable notice to you. INSTTANTT TECHNOLOGIES SL may add, change, or cancel certain services.

The modified General Terms and Conditions can be consulted from time to time on the application on your mobile phone or on our website. INSTTANTT TECHNOLOGIES SL will also notify you through insttanttApp of any updates or modifications to the General Terms and Conditions, which must be accepted to continue receiving the service. Upon accepting the General Terms and Conditions, a registrable version will be made available, which you can print or store on your mobile device or elsewhere.

16. PRIVACY

Your personal data will be processed in accordance with the Privacy Policy available here: https://www.insttantt.com/en/company/about_us/legal. Interested parties may contact the Data Protection Officer regarding any questions related to the processing of their personal data and the exercise of their rights by communicating to privacy@inttantt.com.

17. THIRD-PARTY CONTENT AND LINKS TO OTHER WEBSITES

insttanttApp may contain third-party content and links to other websites that are completely independent of INSTTANTT TECHNOLOGIES SL. Third-party content and links are included solely for the convenience of users and do not constitute an endorsement, support, or guarantee by INSTTANTT TECHNOLOGIES SL. Additionally, INSTTANTT TECHNOLOGIES SL is not responsible for the accuracy, completeness, or reliability of third-party information, nor for the products or services offered or sold through any linked website. In this regard, you assume sole responsibility for the use of third-party information. Any agreement, transaction, or other arrangement made between you and such third party is made solely at your own risk. When you click on a third-party link, you leave insttanttApp and go to third-party software or websites. Any personal information you submit on third-party software or websites will not be collected or controlled by INSTTANTT TECHNOLOGIES SL but will be subject to the privacy notice or terms of use of the resulting software or website. Please review the privacy policy and terms of use of the resulting software or website for more information about their privacy practices.

INSTTANTT TECHNOLOGIES SL is not responsible for examining or evaluating, and does not warrant the offers of any third-party content or offer presented or made available by third parties through insttanttApp. INSTTANTT TECHNOLOGIES SL assumes no responsibility for the actions, offers, and content of all these and any other third parties. Carefully review the offer details and terms and conditions before making a purchase.

18. ASSIGNMENT AND SEVERABILITY

This Agreement may not be assigned or transferred by you without the prior written consent of INSTTANTT TECHNOLOGIES SL. INSTTANTT TECHNOLOGIES SL may assign its rights and transfer its obligations at any time, provided that it ensures your rights are adequately protected after such transfer.

If any provision of these terms and conditions is deemed invalid, illegal, or unenforceable, all parties are released from all rights and obligations arising under such provision, but only to the extent that such provision is invalid, illegal, or unenforceable, and provided that each such provision is modified to the extent necessary to make it valid, legal, and enforceable, preserving the intent of the parties. All other provisions of these General Terms and Conditions will be considered fully valid and enforceable unless proven otherwise.

19. ENTIRE AGREEMENT

Except as provided herein, these General Terms and Conditions and the insttantt Privacy Policy constitute the entire agreement between you and INSTTANTT TECHNOLOGIES SL regarding insttanttApp. Certain provisions may be replaced or supplemented by designated legal notices or terms located on particular pages, applications, tools, or other materials that you may access within insttanttApp.

20. NO WAIVER

The failure of INSTTANTT TECHNOLOGIES SL to enforce any provision of this Agreement or any additional terms will not be considered a waiver of such provisions or its right to enforce such provision.

21. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions will be governed and interpreted in accordance with the law of Spain. Subject to the provisions of applicable consumer protection legislation indicating otherwise, any dispute arising in connection with these General Terms and Conditions or insttanttApp will be submitted to the exclusive jurisdiction of the courts of Madrid.