1. Introduction

Welcome to NBN23 (“we”, “us”, “our” or “the company”).

These Terms and Conditions (“Terms”) govern your access to and use of our application subscription sales website (“the Site”) and the services we offer (“the Services”). By accessing or using the Site and the Services, you agree to be bound by these Terms.

You can download NBN23 applications through its app store, where you will find information about the App and the NBN23 Service, including: a description of the App’s main functionalities and the Service’s features; the required technical requirements (e.g. operating system or supported mobile devices); access to our website, etc.

Your app store will indicate, if applicable, the price that the User must pay in consideration for the acquisition of your license to use the App (the “Price”). The Price will be paid by the User through the payment method selected by the User from those available in the App store.

Once you have downloaded and installed the NBN23 software applications on your mobile device, you must register as a User. Registration is mandatory and the User will be asked for a series of data. This profile will be registered in our system and you will be able, by entering your User data, to access our services, after accepting the Terms of Use.

The information and data to be provided shall be truthful and accurate, and in any case the User shall be responsible for any false or inaccurate statements made and for any possible damages that may be caused to NBN23 and other Users and/or Recipients for the information provided.

2. Definitions

2.1. Usuario: cualquier persona que accede y utiliza el Sitio y los Servicios.

2.2. Suscripción: plan de pago recurrente para acceder a la aplicación ofrecida por NBN23

2.3. Contenido: cualquier información, texto, gráficos, videos u otros materiales proporcionados a través del Sitio.

2.4. Apps

2.5. Servicios

2.6.Plans

2.7. Sitio Web: pagina web de NBN23

3. Use of the Site and Services

3.1. Elegibilidad: Para utilizar el Sitio y los Servicios, debe ser mayor de 18 años y tener la capacidad legal para celebrar un contrato vinculante.

3.2. Registro de Cuenta: Para acceder a ciertos servicios, es posible que deba crear una cuenta proporcionando información precisa y actualizada. Usted es responsable de mantener la confidencialidad de su cuenta y contraseña, y de todas las actividades que ocurran bajo su cuenta.

For this purpose, you will be asked for information about your personal data (name and surname), e-mail address, telephone, age, gender, nationality, and data for billing purposes of the services, if you have an ID of any of the application stores (Apple ID, Google ID, other application stores), you must provide such ID at the time of registration of the account.

NBN23 supports the creation of underage user accounts that are linked to an Apple and/or Google Family user account, where the user purchasing the NBN23 application is a user who meets the 18 year old hiring age restrictions.

3.3. Uso Aceptable: Usted se compromete a utilizar el Sitio y los Servicios únicamente con fines lícitos y de acuerdo con estos Términos. No puede usar el Sitio para:

  • Violate any local, state, national or international law or regulation.
  • Infringe or violate the intellectual property rights of third parties.
  • Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
  • Not having a history of being banned from using NBN23’s services and applications due to complaints and/or usurpation of third party users’ profiles.
  • The user’s account has not been disabled due to a violation of law or NBN23’s usage policies.

From NBN23 we would like to point out that there are a series of restrictions on the use of the user accounts of our applications. These restrictions are focused on:

  • The impersonation of other people is not allowed. In the event that NBN23 becomes aware that you have impersonated other people, or are impersonating a player profile, we will take appropriate measures to avoid this situation.
  • Do not provide accurate and updated personal data, which correspond to your identity. In the event that we detect that you provide false information, we will proceed to block the user.
  • Do not attempt to collect information from other users in order to carry out commercial and/or promotional communication actions, or to use their personal data for purposes that have not been expressly authorized by the owners of the data. In the event that we detect these actions, we will actively collaborate with the competent public entities in the field of personal data protection.
  • Do not post other people’s private or confidential information without their permission; in the event that we receive a complaint from such third parties, we will proceed to remove the posted information.

4. Subscriptions and Payments

4.1. Proceso de Suscripción: Al suscribirse a nuestros Servicios, se le pedirá que proporcione información de facturación precisa y completa.

The user will be asked for an active ID (either from Apple, Google or other application platforms) or registration through the form, where the user will be asked for name and surname, email and contact address, phone number, credit/debit card data and age data.

By providing your payment card information, you authorize NBN23 to charge the fees applicable to your payment method.

4.2. Prices and Payments: All prices are shown in Euros ] and include applicable taxes. We reserve the right to change prices at any time. Payments will be made according to the selected subscription plan.

4.3. Renovación Automática: Las suscripciones se renovarán automáticamente al final del período de suscripción, a menos que usted las cancele antes de la fecha de renovación. Al renovar, se le cobrará la tarifa de suscripción vigente en ese momento.

The user can disable automatic renewal at any time through the account configuration tools available to the user.

4.4. Cancelación: Puede cancelar su suscripción en cualquier momento a través de su cuenta en el Sitio. Las cancelaciones entrarán en vigor al final del período de facturación actual, y no se otorgarán reembolsos por períodos de suscripción parcialmente utilizados.

We must inform you that, if you have made an active use of the application and have proceeded to the payment, the cancellation of the subscription does not entail the refund of the amounts paid in full, since an active use of the applications has been made.

5. Intellectual Property

The intellectual and industrial property rights over the works, trademarks, logos and any other subject of protection (including trade names, graphics, texts, documents, photographs, drawings, graphic representations, among others) contained in the website and in the computer applications of NBN23 are protected by intellectual or industrial property rights, of which NBN23 is the owner or has authorization from their legitimate owners for their use, reproduction and public communication.

In no case shall it be understood that the user’s access and/or use of NBN23’s applications and web pages implies a waiver, transmission, license or total or partial transfer of said rights by NBN23 or their legitimate owners.

Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of NBN23 or its owners incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be included or included in the contents.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the website and in the computer applications of NBN23 for public or commercial purposes, without the express written authorization of NBN23 or, where appropriate, of the holder of the corresponding rights.

6. Limitation of Liability

NBN23, as owner of the website https://area.swishbynbn23.com does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained in the pages that make up the site, which may be prevented, hindered or interrupted by factors or circumstances beyond its control or beyond its control, nor those that are produced by the existence of computer viruses on the Internet.

To the extent permitted by law NBN23 shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenues, incurred directly or indirectly, or for any loss of data, use, goodwill or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Site and Services.
  • Any conduct or content of third parties on the Site.
  • Any content obtained from the Site.
  • Unauthorized access, use or alteration of its transmissions or content.interference, interruptions, failures, omissions, delays, blockages or disconnections, caused by errors in telecommunications lines and networks or any other cause beyond the control of NBN23.
  • Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  • Improper or inappropriate use.
  • Security or navigation errors, caused by a malfunction of the browser or by the use of outdated versions of Internet browsers.
  • Of the invulnerability of https://area.swishbynbn23.com and/or the impregnability of the security measures adopted therein;
  • The lack of usefulness or performance of the contents of https://area.swishbynbn23.com.

However, NBN23 declares that it has adopted all necessary measures, within its possibilities and the state of technology, to ensure the operation of www.diaphanum.es and to prevent the existence and transmission of viruses and other harmful components to Users.

NBN23’s software applications are provided free of charge and/or on paid plans, and the user acknowledges and understands the possible failures that may occur in their download, use and updates.

Therefore, the user waives any warranty, either in the installation, access and use of the application, or by downloading elements that may interfere with the normal use of the phone. The user disclaims any possible failure on the part of NBN23 and the companies developing the application in communications, updates, viruses or any other element that may cause malfunctions in the operating system of the device. The user understands and acknowledges this possibility, and by accepting these Terms and Conditions waives any legal action arising from the foregoing.

Except in the case of intent or gross negligence on the part of NBN23, we shall not be liable to the User or any third party for any damages resulting from improper use of the Applications and/or the Service; furthermore, we shall not be liable in any case for any failure by the User to comply with the Terms and Conditions and/or the recommendations or instructions provided by us.

The User expressly exonerates NBN23 from any damage that may be suffered by the User due to causes that, directly or indirectly, may derive from the use of NBN23’s computer applications.

The User understands and accepts that no software product, due to its complexity, is free of errors.

7.- User’s Responsibility.

The User undertakes to make lawful use of NBN23’s website and applications, without infringing current legislation or infringing the rights and interests of third parties.

The User guarantees the truthfulness and accuracy of the data provided when completing the contracting forms, avoiding causing damage to NBN23 as a result of the incorrectness of the same.

The User guarantees that he/she will not proceed to generate false profiles within the NBN23 applications, nor will he/she impersonate the identity of other persons, whether other users and/or players.

Failure to comply with any of these General Terms and Conditions may result in the cancellation or termination of the subscription and or user account by NBN23 without prior notice to the User and without any right to compensation.

8. Technical support and customer service.

If you have any problem, please contact us to solve it at the following email address: support@nbn23.com

Protection of Personal Data.

The entire personal data processing policy can be found in the Privacy Policy, which is an integral part of these Terms and Conditions but which, for simplicity, we have placed in a separate document: Privacy Policy.

10. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. It is your responsibility to review these Terms periodically. Your continued use of the Site and Services following the posting of changes constitutes your acceptance of the new Terms.

11. Nullity and ineffectiveness of the Clauses.

If any clause included in these Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or that part of it that is null or ineffective, with the rest of the Terms and Conditions of Sale remaining in force. Consequently, the clause declared totally or partially null or ineffective shall be deemed not to have been included.

11. Termination

We may suspend or terminate your access to the Site and Services, without notice or liability, for any reason, including if you breach these Terms. Upon termination, the rights and licenses granted to you will immediately cease, and you must cease all use of the Site and Services.

12. Applicable Law

These Terms shall be governed by and construed in accordance with the laws of Spain without reference to its conflict of laws provisions.

Purchases and sales made at https://area.swishbynbn23.com are subject to Spanish law.

We inform you, in accordance with current regulations, that you will be able to access the EU Online Dispute Resolution Platform at any time, at the following address:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show. .

Regardless of whether you go to this Platform, we inform you that in the event that any dispute or discrepancy arises in the interpretation or application of these Terms and Conditions, NBN23 submits to the consumer arbitration systems, to the Online Dispute Resolution Platform of the European Union.

If you do not wish to resort to these systems or you waive them, we inform you that any dispute or discrepancy in relation to these Terms and Conditions shall be submitted to the Courts and Tribunals that have jurisdiction in accordance with the applicable legal regulations: in the case of end consumers, the competent Courts and Tribunals shall be those of the place of performance of the obligation or of the domicile of the purchasing party.

In the event that the purchaser acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Valencia.

13. Contact

If you have any questions or concerns about these Terms and Conditions of Sale, please contact us at:

E-mail: support@nbn23.com

Address: Avda. Juan de la Cierva y Codorniu, 27 Wellness Building 1 Floor 3 Paterna Technological Park (Valencia)

Effective date: 09/1/2024