General Terms and Conditions

1. GENERAL INFORMATION

The terms and conditions set forth below (hereinafter, the “General Terms and Conditions”) govern access to, browsing of, downloading from, and use of each and every one of the web pages located under the domain www.in-diem.com, and their respective subdomains and subdirectories (hereinafter, the “Website,” “Web,” “webpage,” or“site”), which are owned by In Diem Consulting, S.L. (hereinafter, the “COMPANY”). These General Terms and Conditions also govern access to, downloading of, and use of any other information, text, graphics, photos, images, music, sounds, computer applications, or accounts on any social media platforms that are created, designed, promoted, or disseminated by In Diem Consulting, S.L. and that can be accessed from the Website or from any other webpage or computer application.

Any person who accesses www.in-diem.com assumes the role of a user, thereby agreeing to strictly observe and comply with the provisions set forth herein and any other applicable legal provisions. 

In Diem Consulting, S.L., reserves the right to modify any information that may appear on the website without prior notice or notification to users of such changes; publication on the website www.in-diem.com shall be deemed sufficient notice.

The purpose of this website is to provide information and/or advice on all matters related to the legal field, requests for assistance and/or legal representation, or similar services, provided that such requests are made via the contact form.

• IDENTIFYING INFORMATION

In compliance with the provisions of Article 10 of the LSSICE, the COMPANY provides its users with the following information regarding the owner of the Website and/or Content:

• GENERAL TERMS AND CONDITIONS

Access to and use of the COMPANY’s Website, as well as access to and use of the Content, shall be subject to these General Terms and Conditions. Use of any webpage owned by the COMPANY or of its content confers the status of user and implies the user’s full and unreserved acceptance of all General Terms and Conditions in effect at the time the user accesses the Site.

The COMPANY reserves the right to modify these General Terms and Conditions at any time. We suggest that you review these General Terms and Conditions frequently to stay informed of their scope and any modifications that may have been made. By accessing the Websites and/or the Content owned by the COMPANY after the publication of a notice regarding such modifications, alterations, or updates, you agree to comply with the new terms. The user acknowledges that access to and use of the Website and/or the Content is at the user’s sole and exclusive responsibility.

Certain services on the COMPANY’s Websites and/or certain Content may be subject to specific terms, regulations, and instructions that, where applicable, supersede, supplement, and/or modify these terms and conditions. The provision of the service at the user’s request implies express acceptance of any applicable Special Conditions.

The user shall use the services and materials available on the Website, as well as the Content, exclusively for personal purposes, excluding any other form of use, and specifically excluding any use for profit or that yields a direct or indirect benefit to the user or to third parties.

The user must implement appropriate technical security measures to prevent unauthorized actions on their information system, files, and computer equipment used to access the Internet and, in particular, the Website and/or the Content, recognizing that the Internet is not a completely secure medium. The cost of telephone access or any other expenses necessary to access the Website and/or the Content shall be borne exclusively by the user.

In general, the services and materials offered through the Website and/or the Content will be available in Spanish, although the COMPANY may, at its discretion, also provide such services and materials in other languages.

• MINORS

Minors may not use the services provided by the COMPANY through the website; therefore, any request from a person under the age of eighteen (18) will be denied.

• PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data in order to access certain content or services, Users shall ensure that such data is truthful, accurate, authentic, and up-to-date. The COMPANY will process such data automatically as appropriate based on its nature or purpose, in accordance with the terms set forth in the Privacy Policy section.

• INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on the website —and in particular, designs, text, images, icons, logos, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use—is the property of In Diem Consulting, S.L., and are subject to intellectual property rights; furthermore, all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights pertaining to the content and/or any other elements included on the website, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in the course of business.

For all these reasons, the User agrees not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, and to hold the COMPANY harmless from any claim arising from a breach of these obligations.

Under no circumstances does access to the website, unless expressly stated otherwise, imply any kind of waiver, transfer, license, or total or partial assignment of such rights. These General Terms and Conditions do not grant Users any rights to use, modify, exploit, reproduce, distribute, or publicly communicate the website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior and express authorization specifically granted for that purpose by the COMPANY or the third party that owns the rights in question.

The content, text, images, designs, logos, computer programs, source code, and, in general, any intellectual creation found on this Site, as well as the “Site” itself as a whole—as a multimedia artistic work—are protected by copyright under intellectual property law. The COMPANY is the owner of all elements comprising the graphic design of the website, including menus, navigation buttons, HTML code, text, images, textures, graphics, and any other content hosted on the website. The content available on the Website may not be reproduced, in whole or in part, transmitted, or stored by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the COMPANY.

Likewise, it is prohibited to remove, circumvent, and/or manipulate copyright notices, technical protection measures, or any other information mechanisms that the content may contain. The User agrees to respect the rights set forth herein and to refrain from any action that could infringe upon them; in any case, the COMPANY reserves the right to exercise all legal remedies and actions available to it in defense of its legitimate intellectual and industrial property rights.

• PAYMENT FOR SERVICES OFFERED IN CRYPTOCURRENCIES

Transactions in cryptocurrencies or cryptoassets are conducted directly, without the need for an intermediary. Unlike most legal tender currencies, cryptocurrencies are not backed by any government nor do they rely on trust in any central issuer; instead, they use other systems to prevent double-spending and achieve consensus among all the nodes that make up the network.

Every transaction carried out between users on its network is recorded, and a digital signature is created to prevent fraud and forgery; this information is permanently stored on the network.

Due to complex encryption and security procedures, the counterfeiting or theft of cryptocurrencies is highly unlikely, but there is a risk that the procedures or software could fail. Most payment errors are caused by human error when entering incorrect data; therefore, the COMPANY is not liable for transfers made by users.

The service for accepting cryptocurrencies as a form of payment provided to the user through the “Online Payment” tab may incur fees and/or commissions, which will be disclosed to the user for each transaction and retained in the user’s transaction history for ten (10) years, in accordance with the LPBC.

The exchange rates used are calculated in real time based on multiple variables, including:

• Market Supply
• Market Demand
• Agreements with Third-Party Partners

These variables result in a real-time optimal exchange rate for each of the supported currencies, namely Bitcoin and Bitcoin Cash.

The cost of the services provided is determined for the user prior to payment, including taxes, and is influenced, in any case, relationships with third parties with whom the COMPANY has an agreement to integrate the provision of services by such third parties, as well as any fees charged by the User’s bank or credit card issuer.

Before making any payment in the cryptocurrencies accepted by the COMPANY, the user will be asked to provide the following information:

• Email address
• Full Name
• Shipping Address
• City
• State/Province
• ZIP Code
• Country
• Phone number

The COMPANY may, at any time and in its sole discretion, reject any transaction received in cryptocurrency, impose limits on the amounts of permitted transactions, or impose any other conditions or restrictions on the use of the Services without prior notice.

The user must provide any required information in advance when conducting a transaction, making a payment, or paying for services using accepted cryptocurrencies.

The user represents and warrants that any information provided through the Services is accurate and complete.

• OBLIGATIONS AND RESPONSIBILITIES OF WEBSITE USERS

The User agrees to:

1. To make proper and lawful use of the Website, as well as its content and services, in accordance with:
2. the applicable laws in effect at any given time;
3. the terms set forth in these General Terms and Conditions;
4. morals and generally accepted standards of decency, and
5. Public Order.

• Ensure that you have all the necessary technical resources and meet all the technical requirements needed to access the website.
• To provide accurate information when filling out the forms on the website with your personal data and to keep that information up to date at all times so that it reflects the User’s actual situation at any given time. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the COMPANY or to third parties as a result of the information provided.

Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:

1. Making unauthorized or fraudulent use of the Website and/or its content for purposes or effects that are unlawful, prohibited by these General Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render inoperable, overload, degrade, or prevent the normal use of the services or the documents, files, and all types of content stored on any computer system.

• Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
• To cause damage to the website’s own systems, those of its providers, or those of third parties by introducing and spreading computer viruses or any other physical or logical systems capable of causing damage.
• Attempting to access, use, and/or manipulate data belonging to the COMPANY, third-party providers, and other Users.
• Reproducing or copying, distributing, making the content available to the public through any form of public communication, or altering or modifying the content is prohibited unless authorized by the owner of the relevant rights or permitted by law.
• To remove, conceal, or alter any notices regarding intellectual or industrial property rights or other information identifying the rights of the COMPANY or third parties included in the content, as well as any technical protection measures or information mechanisms that may be embedded in the content.
• Obtaining or attempting to obtain the content by using means or procedures other than those that, as the case may be, have been made available to you for this purpose or have been expressly indicated on the web pages where the content is located, or, in general, from those commonly used on the Internet because they do not pose a risk of damage to or disruption of the website and/or the content.
• In particular, and by way of example only (this list is not exhaustive), the User agrees not to disseminate, transmit, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, or, in general, any type of material that:

• Is contrary to, undermines, or infringes upon the fundamental rights and civil liberties recognized by the Constitution, international treaties, and other applicable laws.

• Induce, incite, or promote criminal, defamatory, libelous, or violent acts, or acts that are generally contrary to the law, morality, generally accepted standards of decency, or public order.

• Induce, incite, or promote discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or status.

• Induce or encourage involvement in practices that are dangerous, risky, or harmful to health and mental well-being.

• It is protected by intellectual or industrial property laws belonging to the company or to third parties, and the intended use has not been authorized.

• Is contrary to a person’s honor, personal and family privacy, or self-image.

• Constitutes any type of advertising.

If a password is provided to you in order to access certain services and/or content on the website, you are required to use it responsibly and keep it confidential at all times. Consequently, you are responsible for its proper safekeeping and confidentiality, and you agree not to disclose it to third parties, either temporarily or permanently, nor to allow unauthorized persons to access the aforementioned services and/or content. Likewise, you agree to notify the company of any event that may constitute misuse of your password—such as, but not limited to, theft, loss, or unauthorized access—so that it may be immediately revoked.

Consequently, until such notification is provided, the COMPANY shall be exempt from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the Website’s content and/or services by any unauthorized third party. If you negligently or willfully fail to comply with any of the obligations set forth in these General Terms and Conditions, you will be liable for all damages that may result from such breach to the COMPANY.

The user warrants that he or she understands and has the necessary knowledge to use blockchain systems and services, and that he or she is fully aware of the risks associated with making payments using cryptocurrencies. The COMPANY shall not be liable for any loss of cryptocurrencies or traditional currencies, or for any situations that prevent access to them, that may result from any action or omission on the part of the user.

The user acknowledges that paying for the services offered using cryptocurrencies may involve a high level of risk. Cryptocurrency transactions are irreversible; therefore, the user must take the utmost precautions when making a payment or providing the correct public address of their wallet. The user shall not claim from the COMPANY any amount in virtual currency or traditional currencies that are sent from their electronic wallet.

The COMPANY assumes no liability whatsoever for failures in the internet network, cryptocurrency blockchains, or banks, or for any hacker attack on the software that results in the loss or disappearance of cryptocurrencies owned by the user.

The user acknowledges that he or she is aware of all the risks involved in holding cryptocurrencies and therefore releases the COMPANY from any liability for the loss of his or her cryptocurrencies.

Any issues arising from the operations of banking institutions will be the sole responsibility of those institutions.

• CORPORATE RESPONSIBILITY

Continuous access to, or the proper display, download, or use of, the elements and information contained on the website is not guaranteed, as these may be prevented, hindered, or interrupted by factors or circumstances beyond its control. It assumes no responsibility for any decisions that may be made as a result of accessing the content or information provided.

Service may be suspended, or the relationship with the User may be terminated immediately, if it is determined that the User’s use of the service violates these General Terms and Conditions. We are not liable for any damages, losses, claims, or expenses arising from the use of the website.

The services offered on the website comply with the provisions of Spanish law. The COMPANY is not liable for any services that do not comply with the legal provisions of other countries to which the services offered through the website may be provided.

We will be responsible only for removing, as soon as possible, any content that may cause such harm, provided that we are notified of it. In particular, we will not be liable for any damages that may arise from, among other things:

• Unlawful intrusions through the use of malicious software of any kind and via any means of communication, such as computer viruses or any other means.
• Interference, interruptions, failures, omissions, telephone malfunctions, delays, freezes, or disconnections in the operation of the electronic system caused by deficiencies, overloads, or errors in telecommunications lines and networks, or by any other cause beyond the COMPANY’s control. 
• Improper or inappropriate use of the website.

The COMPANY disclaims any liability for damages of any kind that may result from Users’ misuse of the freely available services. Likewise, the COMPANY is exempt from any liability for the content and information that may be received as a result of data collection forms, which are intended solely for the provision of consultation and support services. Furthermore, in the event that damages result from the unlawful or improper use of such services, the User may be held liable for the damages caused.

The COMPANY is not liable for any loss of funds resulting from third parties deceiving users—for example, a scam in which a user is asked to pay for a service in cryptocurrency that is never delivered.

You shall hold the COMPANY harmless from any damages arising from claims, actions, or lawsuits by third parties as a result of your access to or use of the website. Furthermore, you agree to indemnify the COMPANY for any damages arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data, or any other action on your part that imposes an unreasonable burden on the operation of the website.

1. FORCE MAJEURE

The COMPANY shall not be liable, under any circumstances, for its inability to provide service to the User if such inability is due to prolonged interruptions in the power supply, telecommunications lines, labor disputes, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all instances of force majeure or unforeseeable circumstances.

The COMPANY shall not be liable for any damages or losses you may suffer as a result of events that could not have been foreseen, or that, even if foreseen, were unavoidable, whether due to unforeseeable circumstances or force majeure.

1. HYPERLINKS

The User agrees not to reproduce the website or any of its content in any way, including through a hyperlink, unless expressly authorized in writing by the data controller.

The website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from partner companies and/or sponsors. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or provider of the services and/or information that may be offered to third parties through third-party links. Furthermore, the COMPANY has no control over the information, content, products, or services provided by other websites that have established links to this website.

The User is granted a limited, revocable, and non-exclusive right to create links to the Website’s home page solely for private, non-commercial use.

The various websites that include a link to our website:

1. They may not link to any page on the website other than the home page;
2. They may not misrepresent their relationship with us, claim that such a link has been authorized, or include trademarks, names, trade names, logos, or other distinctive signs of our company;
3. They may not include content that could be considered distasteful, obscene, offensive, controversial, or that incites violence or discrimination based on sex, race, or religion, or that is contrary to public order or unlawful.
4. The COMPANY may, at any time, request that you remove any link to its website, after which you must immediately remove it.
5. COOKIES

Cookies are files sent to a browser by a web server to track the user’s browsing activity on the website, provided the user allows them to be received. If you wish, you can configure your browser to display a notification when cookies are received and to prevent cookies from being stored on your hard drive. Please refer to your browser’s instructions and manuals for more information.

Cookies make it possible to recognize the browser on the User’s computer in order to provide content and offer browsing or advertising preferences tailored to the User’s demographic profile, as well as to measure visits and traffic metrics, and track progress and the number of visits.

The COMPANY reserves the right to use “cookies” to recognize you as a frequent user and personalize your experience on the website by preselecting your language or displaying content that is most relevant or specific to your interests.

Cookies collect the user’s IP address, and Google is responsible for processing this information.

1. DATA PROTECTION

To use some of the services offered by In Diem Consulting, S.L., the User must first provide certain personal data. The COMPANY will process this data automatically and apply the corresponding security measures in compliance with the GDPR, the LOPDGDD, and the LSSI. Users may access the policy governing the processing of personal data, as well as the previously established purposes, under the terms defined in the Privacy Policy.

1. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the website are for informational purposes only. Therefore, by offering them, no warranty or representation of any kind is made regarding the content and services offered on the website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

1. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions, as well as the use of the website, shall be governed by Spanish law. To resolve any dispute, the parties shall submit to the courts and tribunals of the registered office of the website operator.

In the event that any provision of these General Terms and Conditions is found to be unenforceable or void under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render the remaining provisions unenforceable or void as a whole. In such cases, the COMPANY shall amend or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.