GENERAL CONDITIONS GOVERNING ACCESS TO AND USE OF HUBUC'S PUBLIC PLAYGROUND PORTAL
B2B FINTECH SOLUTIONS, S.L. (hereinafter HUBUC), a Spanish company the Tax Identity Number whereof is B-67552141, the registered address whereof is Ronda Universitat, núm. 31, planta 2, 08007 Barcelona, Spain, recorded in the Commercial Registry of Barcelona under Tome 47166, Folio 60, Section 1, Sheet 543305.
You are not required to accept the terms, but if you access the HUBUC Public Playground Portal website or HUBUC's application program interface (the "API"), including the HUBUC website located at https://dashboard.playground.hubuc.cloud/ (the “WEBSITE”), the Payment API or the HUBUC API, you will be deemed to have accepted these terms and to have given legally binding consent to HUBUC. If you do not agree to these terms, please do not access the HUBUC Public Playground Portal.
Other services offered by HUBUC may be subject to different terms.
2. Description of the Public Playground Portal
The Public Playground Portal is an initial simulation phase, in a controlled environment, with fictional data, to allow the Client to verify the functionality of the Services (API integration, regulatory compliance, etc.)
Insofar as the Client is not a consumer or a small business, in accordance with the definitions laid down in articles 3.8 and 3.25, respectively, of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters, the Parties hereto hereby agree that Order ECE/1263/2019, of 26 December, on transparency of the conditions and information requirements applicable to payment services, shall not apply to them.
3. Requirements for joining the HUBUC Public Playground Portal
The Client shall have access to the Public Playground Portal by logging onto HUBUC website. Access is public and it is only necessary for the client to open an account.
To open an account, the Customer will be asked to provide us with certain information such as a name, email, and password for the account, in addition to consenting to this document.
If you accept these Terms and use the Services on behalf of a company, organization, government or other legal entity, you hereby represent and warrant that you are authorized to do so and are endowed with the powers required to enforce these Terms.
Any use by Customer of the Public Playground Portal shall be restricted, and same shall be deemed to be a testing environment.
The Client undertakes to use the Services in a lawful manner and in good faith, in accordance with the provisions of this document and any Applicable Regulations, without harming the rights or interests of HUBUC or any third party through the use of same.
HUBUC does not guarantee the availability and accessibility of the Services and/or the Website, although it will make all commercially reasonable efforts in this regard. Likewise, HUBUC does not guarantee the absolute absence of downtime, computer viruses or breakdowns caused by causes beyond HUBUC's control, delays or blockages in the use of the systems associated with the Services and / or the Website or by deficiencies or overloads in the Internet system or in other electrical systems, viruses, malware or other elements that may otherwise alter computer systems, documents or the Client’s and/or End Users’ files, as well as any other disorders that may occur. Interruptions may take place from time to time for the time necessary to carry out any appropriate maintenance operations.
4. Intellectual Property Rights
For the purposes of this Document, "Intellectual Property Rights" shall be understood as all rights recognized by any applicable intellectual property law for any purpose and for any manner of use (specifically copyright, rights related or related to copyright or sui generis database rights), as well as any rights recognized by any regulations applicable to industrial property (in particular, patents, utility models, trademarks, trade names and industrial designs), domain names, social profiles and know-how, whether registered, pending registration or unregistered, and including, in all cases, the power to request the appropriate registrations and registrations for the obtaining or protection of the aforementioned rights.
All Intellectual Property Rights previously held by each of the Parties or prior to acceptance of this document shall remain the property of said Party and nothing in this Document may be construed as the granting of any right or license with respect thereto to the other Party except as expressly agreed herein. Neither Party may use any trademark, logo or distinctive sign held by the other without their prior written consent and, in such case, may only use them in accordance with the consent thus given.
The Client hereby acknowledges and accepts that HUBUC is the exclusive owner of all Intellectual Property Rights, as well as all other rights of any kind or nature over the HUBUC Platform, the API, the Public Playground Portal and any of its developments, updates, improvements, improvements and / or modifications thereof.
Portal Public Playground license.
HUBUC hereby grants the Customer an irrevocable, non-exclusive, license to use the Public Playground Portal for the territory of the European Economic Area, so that the Customer can verify the functionality and the suitability of the Services to their needs in a test environment.
The public playground License is granted on a non-transferable basis, and the Client may therefore not assign or sublicense the public playground License without the prior, express and written authorization of HUBUC.
HUBUC reserves any other rights over the Public Playground Portal other than those granted herein. With the exception of the rights granted through the Public Playground Portal, no other right or license, express or implied, arising out of or relating to this document or the performance thereof, is granted.
5. Restrictions on Use of the Public Playground Portal
Access and use of the Public Playground Portal, the API and the services by the Client will be subject to the policies and procedures established by HUBUC at all times, in particular and without limitation, with regards to security. In any event, the Client hereby accepts and acknowledges that they may not:
• modify, hide, circumvent or disable any element of the Public Playground Portal, the API and/or your access and security devices;
• reverse engineer, decipher, decompile, decode or hack the technology that HUBUC uses to provide the Services;
• disrupt or interfere with, breach the security of, or negatively impact access to or use of the Public Playground Portal and/or API in any way;
• breach the Intellectual Property Rights held by HUBUC;
• transmit or infect with viruses, worms, Trojan horses or any other malicious software through their access to and use of the Public Playground Portal and/or the API;
• circumvent any measures used by HUBUC to prevent or restrict unauthorized access to the Services (or other accounts, computer systems or networks associated therewith);
• unless expressly authorized to do so by HUBUC, use robots, spiders, "scrapping" techniques or mass extraction of data, or any other automatic functionality to extract or index all or part of the data for which we are responsible, as well as any products or services for any unauthorized use or purpose;
• access the Public Playground Portal and/or API through any program, application or tool other than those provided by HUBUC, or intended for any purpose other than the normal use of the Services, such as malicious attempts to gain control of the Public Playground Portal and/or API or to deny use thereof, or for performance testing or benchmarking.
The restrictions contained in this Clause shall likewise apply to any activities aimed at the physical and electronic/digital infrastructure of HUBUC (including, without limitation, its servers and its public IP addresses), that runs contrary to its normal operation in accordance with the provisions hereof or that may damage or unreasonably harm the interests of HUBUC, without express prior written authorization from HUBUC.
The performance of any of the actions listed above by the Client will entitle HUBUC to revoke the access and use authorizations extended to the Client and listed herein.
The Client hereby explicitly acknowledges and accepts that they make use of the Public Playground Portal and/or the API at their own risk, and HUBUC shall not be obliged to provide technical support to the Client or to third parties. Likewise, the Client acknowledges and accepts that HUBUC is not bound to make updates to the API.
7. Modification of these Terms of Service
HUBUC may modify any of the provisions of these Terms of Service by posting them. If the Client continues to use the Services subject to this document after the entry into force of the revised version of the Terms, said continued use shall be understood as consent to these terms.