LEGAL TERMS AND CONDITIONS OF USE
This Privacy Policy document has been updated on 09/11/2024.
IGOQAP, S.L. (known onwards as igoqap), with address at C/ María Diaz de Haro 68, 48920 Portugalete (Spain) and N.I.F. B-67890483 is holder of website: https://igoqap.com/ and the aplicación igoqap.
1- Overview
This LEGAL TERMS AND CONDITIONS OF USE, Privacy Policy and any other specific conditions published on the website and in the application are applicable to any person with legal capacity who contracts the services of igoqap through the Application for Smartphones and Tablets, through Android and iOS located in Google Play, App Store (hereinafter, Application or APP).
igoqap, S.L. is the company responsible for the website https://igoqap.com, and the APP as well as its content, its main activity being to provide different virtual coins purchase and sale services through the APP, through the custody service of electronic wallets (hereinafter Wallet) that allows the user to exchange virtual currency for fiduciary currency, the purchase and sale of virtual coins, as well as other additional services of help and support to the exchange of virtual coins.
This LEGAL TERMS AND CONDITIONS OF USE must be previously accepted by the user in order to use the services of the igoqap APP through the web https://igoqap.com or the APP.
In the event of not accepting this LEGAL TERMS AND CONDITIONS OF USE in the registration processes for the contracting of igoqap services, it is not possible to use the services of the igoqap APP.
With the acceptance of this LEGAL TERMS AND CONDITIONS OF USE, it is understood that the user has fully accepted them and that, therefore, they have previously read and understood each and every one of the terms, forcing themselves to comply with all the specifications established in the same.
2- Main definitions
Next, we include the definition of the concepts that we consider most important:
QAP: virtual coin that each creator has made available to the followers of the application to get their support.
USER: natural person of legal age and with full capacity who contracts the services of igoqap. The condition of user is obtained when the LEGAL TERMS AND CONDITIONS OF USE of igoqap are accepted.
CREATOR: user who issues qaps in the igoqap application to make themself known and obtain financial support from their followers. In addition, he participates in the purchase/sale of qaps, except his own.
FOLLOWER: user who is not authorized to issue qaps and participates in their purchase/sale.
3- Requirements for acquiring user status
Persons of legal age and with full capacity to contract who sign this LEGAL TERMS AND CONDITIONS OF USE (hereinafter «the user») can acquire the status of user.
The user may be a natural person or an association.
The acquisition of the condition of user implies the reading and express unreserved acceptance of the terms of this LEGAL TERMS AND CONDITIONS OF USE and the Privacy Policy of the igoqap APP, which states that they have previously known their acceptance, and may be stored and reproduced by it.
Registration as a user of the igoqap APP is an essential requirement for contracting the services of the igoqap APP.
The user can access the services of the igoqap APP using the username and password that will be generated during the registration process at the time they sign this LEGAL TERMS AND CONDITIONS OF USE.
The username and password generated that will allow the user to identify himself and use the services of the igoqap APP, are strictly personal and confidential. The user will be responsible for maintaining their confidentiality. Consequently, the user expressly accepts that igoqap presumes that the uses of the service using their identification keys are carried out by the registered user, unless the latter had previously communicated the loss or theft of the same, in which case they must proceed immediately to change them.
The password may be freely modified by the user, through the procedures that igoqap has established for this purpose. The replaced password will be cancelled as a means of identification, at the same time that the new one is generated.
igoqap may block access and use of the services of the igoqap APP when it deems it necessary for security reasons.
igoqap will adopt the necessary organizational and technical measures in its computer equipment aimed at achieving proper use of the Service by users and preventing unauthorized access.
4- Enforcement of LEGAL TERMS AND CONDITIONS OF USE
The LEGAL TERMS AND CONDITIONS OF USE will enter into force and, therefore, will be applicable to igoqap and the user, from the moment the user creates an account.
In compliance with the provisions of article 28 of Law 34/2002 of July 11 on Services of the information society and electronic commerce (LSSI), within a maximum period of twenty-four hours from the acceptance of the LEGAL TERMS AND CONDITIONS OF USE, igoqap will confirm acceptance of this LEGAL TERMS AND CONDITIONS OF USE confirming the entry into force of the contract.
5- Modification of the LEGAL TERMS AND CONDITIONS OF USE
igoqap reserves the right to modify this LEGAL TERMS AND CONDITIONS OF USE without prior notice. When the changes and modifications are relevant, they will be notified to the users, and it is the responsibility of the user to review this LEGAL TERMS AND CONDITIONS OF USE accessible in the APP and on the website.
For these purposes, it will be considered that the user fully accepts the new LEGAL TERMS AND CONDITIONS OF USE if after a period of one month from the time the modification is made available to all users, the user has not requested to unsubscribe or cancel the service.
The user may state during the aforementioned period that they do not agree with the changes made to the LEGAL TERMS AND CONDITIONS OF USE, and must request the cancellation or withdrawal of the igoqap service.
6- Information and documentation requirements
The acquisition of user status for the provision of services offered by igoqap requires that users who register in the Application contribute, in accordance with the provisions of Law 10/2010, of April 28, on the prevention of money laundering, capital and the financing of terrorism (hereinafter LPBC), certain information necessary for the fulfilment of the obligations of formal identification of the user.
The requested information may consist, among others, of the name and surnames, the username and password, the email address, the mobile phone number, the security code sent to the mobile phone required for double authentication, date of birth, identification document, facial biometric sample, as well as other possible data or necessary information.
The lack of information or the existence of indications of Money Laundering in the data provided will allow igoqap the immediate unilateral cancellation of the contract for the provision of services that binds them.
Likewise, igoqap reserves the right to provisionally suspend the user’s operations, until it has been able to confirm and verify the legality and legitimacy of the operations.
7- Minors
Minors cannot use the services that igoqap provides through the website or Application, so any request to join igoqap as a member of a minor under eighteen (18) will be denied.
8- Services provided by igoqap
Through the APP, igoqap provides the purchase of qaps for the support of the creators.
igoqap will be responsible for the correct provision of services through the Application. The user agrees to use the Application responsibly, exonerating igoqap from any liability arising from improper, erroneous or illegal use of the Application or for the purpose of committing illegal actions. Any indication of inappropriate and fraudulent use of the application will be analysed by those responsible for igoqap and communicated to the corresponding Authorities.
The user accepts that the purchase and sale through said service is subject to a market risk that may cause the loss of their assets. Investing with caution is recommended. The user will negotiate the purchase and sale of their qaps in the igoqap Application at their own risk.
9- Prices and economic limits
The service provided to the user through the igoqap APP will generate commissions, which will be informed to the user in each transaction.
Any change in commissions must be communicated by igoqap to the user 2 months in advance.
The remuneration received by igoqap for the provision of any service included in this LEGAL TERMS AND CONDITIONS OF USE on behalf of the user, will be increased by the amount corresponding to whatever taxes, fees and excise taxes are applicable according to current legislation. It is the sole responsibility of the user to determine if, and to what extent, taxes are applied to any transaction he makes through igoqap, and to report or enter the correct amount of taxes to the corresponding tax authorities.
igoqap users can find information regarding the limits of the services offered, as well as the price or commissions for using them by accessing the « FAQ – Commission Scheme » section.
10- Contract duration
This contract has a duration of one year from its acceptance and signature, being AUTOMATICALLY extendable for periods of equal duration, indefinitely, unless either party notifies the other of its intention not to extend.
However, the user may at any time request the termination of the contract. In any case, the user will not be able to terminate the contract until they have fulfilled all their payment obligations to igoqap.
11- Denounce and judgment
The user accepts that he cannot denounce neither make any judgment against igoqap for any reason.
12- igoqap services
12.1- Other services
12.1.1- Authorization of debits / credits
When the user requests that igoqap debit an amount from their electronic money Wallet in favour of their external account or requests that they pay an amount from their external account in favour of their Wallet, they authorize igoqap to execute said transaction through the entity of authorized electronic money.
Before making any payment or debit through the electronic money Wallet, igoqap and the electronic money entity may carry out all those checks and controls in order to prevent different frauds, money laundering, financing of terrorism and other financial crimes. This may result in a delay or even inability to transact FIAT money until such checks and verifications are reasonably completed to meet statutory requirements.
12.1.2- Rejection of transactions
In some cases, the user’s external account may reject their funds in FIAT money or may not be available for a transfer, therefore, the user accepts that they will not hold igoqap responsible for any damages resulting from said rejected transactions.
12.1.3- Money withdrawal services
As long as the balance of the funds in the user’s Wallet is greater than or equal to any minimum balance requirement necessary to satisfy any of his open positions, he can withdraw any amount of funds from his Wallet to an external account, up to the total amount of funds in your Wallet that exceed said minimum, minus the fees charged by igoqap for this type of transaction.
See Section “FAQ – Commission Scheme”
The user must indicate his bank account details (which is in the user’s name) in which they want to receive the FIAT money and verify the information summary of the operation before confirming the transfer order.
12.2- Orders
12.2.1- Creation of orders by users, execution and settlement
igoqap is an exchange of qaps between igoqap users, which are traded through the igoqap Application. For this it is necessary that users create the «Orders» of purchase or sale.
An “order” is created when the user post their intent on the igoqap Application to sell/buy qaps. When the order is entered, they authorize igoqap to execute the operation based on the number of qaps and price specified. Users agree to pay igoqap the fees applicable to orders placed and authorize igoqap to deduct such fees from their Wallet.
Users may order the purchase/sale of a certain number of qaps at a price specified in the order, as long as the follower has the required positive balance in the igoqap Wallet, in such a way that it covers the total value of the order and the applicable commissions.
At the time of entering an order, the qap amount will be blocked for a period of 7 days, until the order is accepted by the recipient/beneficiary, at which time the issuer’s Wallet will be charged /paid and the payment in the Wallet of the recipient/beneficiary.
12.2.2- Market integrity
All executed orders are final and may not be cancelled, unless (i) igoqap is required to do so under applicable law or regulation, or (ii) due to a material technical error (for example, orders or executions that do not comply with these rules).
In the event of a technical error, igoqap will use reasonable efforts and will act in good faith in accordance with industry standards to restore the positions that would have occurred had the error not occurred.
12.2.3- Order History
Once the Services execute your order, the status and details of your order can be checked in the Application Profile section.
Order history can be viewed on the APP for a minimum period of 3 months. Only the last 30 events will be presented in the APP. In the case of needing more old operations, they can be obtained by contacting us through via email hello@igoqap.com
12.2.4- Insufficient Funds
If you have insufficient funds in your igoqap account to complete an order or service request, the order cannot be fulfilled.
12.2.5- Cancellation of open orders
igoqap may at any time and in its sole discretion, reject any transaction submitted through the Services, impose limits on the amounts of transactions permitted through the Services, or impose any other conditions or restrictions on the use of the Services without prior notice.
igoqap shall have the right to cancel open orders in the following circumstances:
- Orders entered by igoqap users who have violated the LEGAL NOTICE AND TERMS OF USE
- Orders involving an obvious error regarding price, quantity or other parameters;
If required for technical reasons or by any applicable law or regulation. The user can only cancel an initiated order or service request if such cancellation occurs while the order is in «pending» status. Once your order or request has been executed, you cannot change, withdraw or cancel your authorization.
12.3- Bonus program for attracting new creators
The bonus program incentivizes users already registered in the application to recommend igoqap services to unregistered creators. The incentive consists of a compensation of 5% of the value of the qaps issued in relation to that creator.
In order to apply the bonus, the invited creator must enter the username that invited them. In this way, once the first issuance of qaps has been completed correctly, the user will automatically receive the bonus in their Wallet.
12.4- Other issues
12.4.1- Service interruptions
In the event of technical errors that adversely affect a user’s ability to properly use igoqap, or prevent its use, igoqap reserves the right to take appropriate action in respect of one or more Order Books, in particular:
- Temporarily disable the storage or removal of qaps;
- Cancel open orders;
- Prevent the user from making new orders or managing them, logging in or accessing igoqap
12.4.2- Restrictions
Any market manipulation is strictly prohibited (includes movements made inside and outside the organization of igoqap). Market manipulation is any transaction carried out by any market participant or someone who collaborates with a participant who has the intention of:
- Swindle or mislead other users
- Control or manipulate the price or volume of qaps,
- Aid, encourage, facilitate, finance, back or support any of the activities mentioned above.
igoqap can, at its full discretion, adopt adequate measures to achieve market integrity, impede its manipulation or maintain the proper function of the igoqap system.
12.4.3- Independence relationship
The user acknowledges and agrees that: (i) igoqap is not acting as its agent, intermediary or adviser, and (ii) no communication or information provided by igoqap will be considered or interpreted as advice or advice.
12.4.5- Information and transparency
All igoqap users receive real-time access to available market information displayed on the igoqap APP. Market information includes the following:
- Publications with the intention of buying and selling qaps
- All purchase/sale transactions and issues carried out (price, quantity)
- Evolution of the value of qaps since the last year from date
- qap value, available qaps, order book
12.4.5- Taxes
You are responsible for determining what taxes, if any, apply to your transactions through the Services, and it is your responsibility to report and remit the correct tax to the appropriate taxing authority. The user accepts that igoqap is not responsible for determining whether taxes apply to its operations or for collecting, reporting, withholding or remitting taxes derived from any operation.
13- Obligations
igoqap is obligated to:
Attend all user queries with the greatest diligence possible that the user may order derived from the use of the services included in the web page.
Provide the service to the user in accordance with the provisions of these LEGAL TERMS AND CONDITIONS OF USE.
Keep the igoqap APP operational 24 hours a day, except for temporary interruptions due to web maintenance services, technical or computer problems such as internet crashes for any reason, computer attacks and similar situations that make it temporarily impossible to provide the service. This will be restored as soon as the incidents have been resolved.
Notify the user of any movement that igoqap may consider suspicious for the purpose of compromising the security of the user’s account, for later analysis.
The user is obligated to:
- Provide information required in forms in the cases indicated in the previous sections when making a sale of qaps.
- Confirm acceptance of these LEGAL NOTICE AND TERMS OF USE
- Communicate to igoqap all the data necessary to access and use the services that require prior identification, which must be true, current and up to date.
- Adopt the necessary security measures, both personal and material, to maintain the confidentiality of relevant data provided by igoqap, as well as immediately notify igoqap of the loss, misplacement, theft, theft or illegitimate access in your name and/or your knowledge by third persons. The user expressly accepts that any use of the service made with his access credentials has been made by him.
- Make proper use of the Services included in the igoqap APP, always in accordance with the legal system.
- Be responsible for all the operations carried out in your user account, exonerating igoqap from any responsibility.
- Failure to comply with the obligations listed above by the igoqap user will lead to the temporary suspension of the service in the igoqap APP, which produces the following consequences:
- igoqap will inform the user of its decision to temporarily suspend their activity in the Application, indicating the reason for the suspension (except for a legal obligation not to do so), requiring the actions to be taken to regularize the situation
- the user will not have access to the Application during this period and therefore will not be able to carry out any operation on it.
This temporary suspension becomes final THIRTY (30) days from the beginning of the temporary suspension, if your situation has not been regularized or updated with the necessary information to continue operating in the igoqap APP. After these THIRTY (30) days without regularizing the situation, the account will be cancelled by applying igoqap the current legal regulations or, where appropriate, it will act in accordance with what is ordered by the competent authorities.
This suspension and subsequent cancellation of the account will also occur in those cases in which users carry out crimes defined by law or actions that go against morality and good customs. igoqap may suspend the account whenever it considers that the user meets these circumstances.
14- Liability
The user ensures that he understands and has the necessary knowledge, and that he is fully aware of the risks associated with the purchase of qaps.
The user accepts that the purchase/sale of qaps may involve a risk that may lead to the increase or partial or total loss of the investment. The user acknowledges the risk involved in the purchase/sale of qaps, so igoqap will not have any type of responsibility regarding the losses or gains that the user incurs when buying/selling their qaps in igoqap.
igoqap does not provide any type of advice to the user in any field, be it fiscal, financial, economic, accounting, commercial or any other. Therefore, the decisions made by the user are made personally on their own initiative and do not arise from any activity or promotional offer of igoqap.
igoqap does not assume any type of responsibility for failures in the internet network, banks or for the attack on the software of any hacker that results in the loss or disappearance of the qaps owned by the user.
The user declares to be aware of all the risks involved in the possession of qaps, thus exonerating igoqap from any responsibility for the loss of their qaps.
Any incident in the operations of banking entities will be their sole responsibility.
Likewise, any incident arising from the use of payment methods and receipt of legal tender will be the sole responsibility of the provider thereof.
In cases where an error may occur during the process of buying virtual coins, the user may contact the igoqap support service at hello@igoqap.com
14.1- Liability exclusions
The Services offered through the igoqap APP comply with the provisions of the Spanish legal system. igoqap is not responsible for those services that do not comply with the provisions of the legal system of other countries to which the services offered through the igoqap APP may be provided.
igoqap is released from any liability in the event of improper use or use contrary to the legal system of the igoqap APP by the user.
igoqap will not assume any responsibility for damages, losses that may be suffered as a result of events that could not have been foreseen, or that were foreseen to be unavoidable, either due to unforeseen circumstances or force majeure.
igoqap is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the Service or any other incident that may arise in equipment or technical services not belonging to igoqap whose use is necessary for the provision of the Service.
igoqap will not be responsible in cases of unavailability of the Service due to force majeure or temporary suspension of the Service for technical reasons.
igoqap does not assume any type of responsibility for improper use of the user’s access credentials, unless it had previously reported their loss, theft or loss, in which case the user must proceed immediately to change them through the procedures that igoqap has established at effect. The replaced password will be cancelled as a means of identification, at the same time that the new one is generated. The user expressly accepts that any use of the service made with his access credentials has been made by him.
The user will be responsible for the damages that may have been caused to third parties, for the data provided, with an enumerative and non-limiting nature as a result of the following actions:
- Use of data that is not up to date, false or does not correspond to reality.
- Use by third parties of the user’s personal passwords.
igoqap does not recommend buying/selling qaps for people who are not fully aware of the service they are hiring or correctly understand how it is being provided.
15- Maintenance and temporary suspension of service in the application
igoqap will do everything reasonably possible to guarantee that the user can access the services in accordance with this LEGAL TERMS AND CONDITIONS OF USE. However, igoqap may temporarily suspend services for maintenance or upgrade purposes, and will use reasonable efforts to notify you of such Scheduled Maintenance. The user acknowledges that this may not be possible in cases of emergency and accepts the risks associated with the fact that the user may not always access, use or carry out transactions with the igoqap APP.
The service, therefore, may be interrupted by igoqap temporarily and without prior notice for those maintenance tasks that are necessary for the proper functioning of the igoqap APP.
16- Termination and resolution
This contract will be terminated for the following reasons:
- For non-acceptance of the modification of the Privacy Policy, the LEGAL TERMS AND CONDITIONS OF USE or the price of the service: The contract will be automatically terminated.
- Due to breach by one of the parties of any essential obligation of the contract: The other party may unilaterally terminate this contract.
- For not having regularized the situation that gave rise to the temporary suspension within a period of THIRTY (30) days.
- At the express wish of the user: The user may decide at any time to terminate the validity of this contract through the application. When this contract is terminated for any reason, open orders will be automatically closed. Accounts cannot be closed if there are unresolved issues such as a pending transaction or if there is still a positive balance in the account.
The following steps can be followed in order to close your igoqap account:
- Go into your Account Settings.
- Click Close Your Account under “Account Options”.
- In the event that you have a balance in the account, you will be required to withdraw it using transfer or PayPal.
- The transaction will take place within 5 working days. Click Close Account
- For carrying out crimes defined by law or actions that go against morality and good customs.
- Finally, in the event of a user’s death, verified immediate family members can request the deletion or continuation of a loved one’s igoqap account.
17- Invalidity of any provision
If for any reason any provision of this LEGAL TERMS AND CONDITIONS OF USE is considered invalid, this will not affect the rest of the provisions of the contract that will remain in force for the established period.
18- Privacy policy
The Privacy Policy of the igoqap website and application must be accepted together with this LEGAL TERMS AND CONDITIONS OF USE. The information that you provide to igoqap is absolutely necessary and its purpose is to be able to provide you with the necessary services so that you, through the APP, can perform the services provided by igoqap. The required data will be treated in accordance with the applicable legislation on Data Protection.
See Section “WEBSITE AND APP PRIVACY POLICY”.
19- Customer service
The user has a User Support Service so that they can contact an agent directly at the following address: hello@igoqap.com
20- Intellectual and industrial property
The igoqap Application, its source code and the contents it houses are protected by national and international intellectual and industrial property regulations. They may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed, unless expressly authorized in writing by the rights holders.
The design, images, labels, distinctive signs, trade name, brands, logos, products and services contained in igoqap are protected by Industrial Property law.
Access to this igoqap APP does not grant users any right or ownership over the intellectual or industrial property rights or the content it houses. Users who access this igoqap APP may not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorization of igoqap.
The alteration of the content or structure of the igoqap APP by the user is strictly prohibited.
igoqap reserves the right to exercise the corresponding legal actions against users who violate or infringe intellectual and industrial property rights.
22- Applicable law and competent jurisdiction
This contract will be interpreted and governed in accordance with current Spanish legislation. Both parties, expressly waiving any jurisdiction that may correspond to them, submit any interpretation or controversy resulting from this contract to the Courts that, according to the legal system, are competent.