Terms & Conditions

TERMS AND CONDITIONS

DEFINITIONS 

  • RAND: RAND PROTOCOL S.L.
  • Platform: https://www.rand.app/ website and equivalent mobile application through which the User accesses the Services. 
  • Service/Services: services described in section 6 and whose operation is detailed throughout these terms and conditions.  
  • Wallet: a set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited in it by a single User.
  • Crypto-assets: digital assets or virtual digital currencies issued through computer protocols and not backed by an entity or central bank. 
  • User: natural person registered on the Platform who accesses the Services. 

1. INTRODUCTION 

Welcome to the RAND web and mobile application (the "Platform", or "we" or "us" collectively). Below is the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein.

This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this Platform (https://www.rand.app/terms) and the use of the Service provided through this Platform ("Terms and Conditions"). 

Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform. 

By using the service provided on this Platform the User agrees to be bound by the Terms and Conditions, as well as by our Privacy and Cookie Policy , so if the User does not agree with all the stipulations of the Terms and Conditions and the Privacy and Cookie Policy, the User should not use this Platform. 

If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels. 

2. LEGAL INFORMATION

In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner are shown below:

RAND PROTOCOL, S.L. with C.I.F. B-42893925 and address at Plaça Pau Vila, number 1, office 2A2, 08039 Barcelona.

RAND PROTOCOL, S.L., is a company registered with the Bank of Spain under registration number D697 for the provision of crypto-asset custody and exchange services.

3. USERS and consent

The use of the Platform attributes the condition of User, who accepts, from the access, download and/or use of the same, the Terms and Conditions reflected here. 

By making use of the Services offered on the Platform and accepting these Terms and Conditions the User confirms that:

  • is over 18 years of age; 
  • has full legal capacity to enter into these Terms and Conditions;
  • you have not previously been suspended or withdrawn from using the Platform; 
  • your use of the Platform and the Services shall not violate any applicable laws and regulations, including but not limited to anti-money laundering, anti-corruption and anti-terrorist financing regulations.
  • is not a resident of any of the following countries: Iraq, Democratic People's Republic of Korea, USA and/or any country that prohibits any activity related to Cryptoassets. The User should be aware that there are legal requirements in various countries that may restrict the Services. 

As a result, some Services and functionalities of the Platform may not be available or may be restricted in certain jurisdictions or regions or to certain Users. 

To make use of the Services offered on the Platform, the User must be over 18 years of age. 

In the event that a minor under the age of 18 accesses the Platform, the parent or guardian of the minor shall be responsible for such access and use, including any charges, billing or damages arising therefrom.

Likewise, the User declares that the use of this Platform is done in a personal capacity, without carrying out any type of professional service.

The Platform will allow the User to access the Services specified in these Terms and Conditions. 

Before making use of the Services, the User should be aware that the risk of loss in buying, selling or holding Cryptoassets may be considerable, which affects the Service provided by RAND. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk that you may lose money buying, selling, holding or investing in Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in investing in Cryptoassets

Furthermore, by using the Platform, the User agrees that RAND does not provide any investment advice. Any decision to access the Platform is the sole decision of the User, and RAND shall in no event be liable for any loss suffered as a result of such decision.

Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate, which affects the Service provided by RAND.

Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that: 

  • Crypto-asset prices are extremely volatile. 
  • The User is solely responsible for meeting his or her tax obligations. 

RAND RESERVES THE RIGHT TO CHOOSE THE MARKETS AND JURISDICTIONS IN WHICH TO CONDUCT ITS BUSINESS, AND MAY RESTRICT OR REFUSE, AT ITS DISCRETION, TO PROVIDE SERVICES IN CERTAIN COUNTRIES OR REGIONS.

4. USE OF THE PLATFORM

RAND offers through the Platform the Services specified in these Terms and Conditions. 

The User assumes responsibility for the use of the Platform. This responsibility extends to the registration required to access the Services. In such registration, the User shall be responsible for providing truthful and lawful information. 

In the registration process, the User will be required to provide the personal data necessary for his/her effective identification, as well as the corresponding documentation that accredits him/her, for the purposes of preventing any potential money laundering and terrorist financing conduct and to be able to adopt appropriate due diligence measures. The User irrevocably undertakes to guarantee that the information provided is truthful. Likewise, the User must complete the responsible declarations that may be requested in each case.

RAND reserves the right to request that the information be updated if it becomes aware of any changes. Likewise, RAND reserves the right to carry out the appropriate checks in order to confirm the legal origin of the contributions of funds that are made. In the event of any irregularities in the registration process and in the subsequent use of the Platform by the User, RAND shall proceed to take action to prevent any conduct to prevent money laundering and the financing of terrorism. As a consequence of this registration, the User will be provided with a password, for which he/she will be responsible, undertaking to use it diligently and confidentially. 

In the event of unauthorised access to the User's account, the User undertakes to notify RAND immediately via the means of contact made available to the User and indicated in these Terms and Conditions.

The registration process may also be carried out by accessing the Platform via the following social networks used by the User: Instagram, LinkedIn and Twitter. In such cases, the User agrees that RAND may obtain certain personal data from these third parties and process them as agreed in the Privacy Policy. 

The User will be able to use a double authentication system to access his/her account, the functioning of which will be explained throughout these Terms and Conditions.

The User undertakes to make appropriate use of the content and services that RAND offers through the Platform and, including but not limited to, not to use them for (i) engaging in illicit or illegal activities or those contrary to good faith and public order; (ii) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights; (iii) cause damage to the physical and logical systems of RAND, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that could cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the e-mail accounts of other Users and modify or manipulate their messages. 

5. EXCLUSION OF WARRANTIES AND LIABILITY 

RAND reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified reason. Consequently, RAND does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by Users is carried out at their own risk, without RAND being liable at any time in this regard.

Furthermore, RAND assumes no liability whatsoever arising from, but not limited to:

  • The use made by Users of the materials available on the Platform, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or of third party portals.
  • For possible damages to Users caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the Service.
  • Of the contents of those pages to which Users may access from links included in the Platform.
  • The acts or omissions of third parties, irrespective of whether such third parties may be contractually bound to RAND.
  • Capital losses suffered by the User. 

Similarly, RAND excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored therein, for which reason RAND shall not be liable in any case when they occur:

  • Errors or delays in accessing the Services by the User when entering his/her data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of RAND.
  • Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Platform Services will be constantly operational.
  • Errors or damage caused to the website or the application due to inefficient and bad faith use of the Service by the User.
  • Non-operability or problems with the email address provided by the User for sending the requested information.
  • Of any security breaches or incidents that may be suffered by third parties through which RAND provides the Service.

In any case, RAND undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a solution.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAND, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR ATTORNEYS, AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BREACH OF SECURITY AND LOSS OF DATA, INFORMATION, REVENUE OR PROFITS) EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE THE RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW ON THE PART OF RAND IN WHICH CASE THE LIABILITY OF RAND, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SHALL NOT EXCEED THE AMOUNT THAT WAS AVAILABLE TO YOU ON THE PLATFORM AT THE TIME IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY.

In any case, RAND undertakes to solve any problems that may arise and to offer all necessary support to the User in order to reach a rapid and satisfactory solution to the incident.

Furthermore, by accepting these terms and conditions, the User acknowledges and agrees that: 

  • Crypto-asset prices are extremely volatile. 
  • The User is solely responsible for determining which taxes apply to his Cryptoasset transactions. 

6. services OFFERED THROUGH THE PLATFORM

6.1 SERVICES AVAILABLE 

6.1.1 Checking Account - Deposit and withdrawal of funds.

Through this service the user has a wallet to make payments. 

The User accepts that the payment of euros to access the Platform will be made through the means available on the Platform and in the manner indicated therein. 

The User accepts that any fund additions involving or mediated by a third party (such as deposits and withdrawals via payment methods) may delay the crediting of funds to the User's account, and may be subject to limits, including limits on amounts. The User releases RAND from any and all liability in this regard. However, RAND, within its scope of control, and taking into account the above limits, will make reasonable efforts to ensure that funds are credited to the User's account as soon as possible.

6.1.2 Product EARN ACCOUNT

Access to the Platform and registration will allow the User to access the Platform's Services. 

Through the "Earn Account" product, the User will receive a reward calculated on the amount of crypto-assets deposited in their account, set on a monthly basis but accruing weekly. This service will allow the user to earn rewards in crypto-assets. 

There is no minimum lock-in period - the User may stop using the Earn Service at any time without penalty.  

The User should be aware that this is a risky product and that there is no minimum guaranteed capital.

RAND reserves the right to modify the fee percentage at its sole discretion, which will be notified through the terms and conditions of the platform. 

The earn account service provided by RAND is neither an investment nor a speculative tool. The User only receives a fixed stipulated reward for the use of the service. 

Rewards will begin to be calculated on the crypto-assets transferred 24 hours after receipt of the transfer by RAND, and will be earned in the same crypto-asset as the one in which the initial transfer or conversion was made. The rewards will be also reflected in the user's balance. 

The reward rate will be variable, and the user of this product will be able to see the estimated annual reward that would be applied to the amount of cryptoassets transferred, which is only an estimate, and at no time a commitment to deliver. RAND operates on market, and other technical factors, and in this regard will always offer the best possible reward percentage, which may vary depending on market and other factors. 

Withdrawal of crypto-assets from each user's balance will be instantaneous but in certain cases, i.e. it is open-ended. However, there may be a cooling-off period from the time the user requests the withdrawal until it is actually transferred to the user of up to one week, depending on market conditions and at RAND's discretion.

6.1.3 Product PRICE ACCOUNT

Through this product, the User participates in a weekly event in which he undertakes to block his equity for one week ("Event") in order to be eligible for equity prizes. 

How do I access the Price Account? 

In order to access this process, in addition to accepting these terms and conditions and complying with the registration requirements set out in the terms and conditions, the user must click on the "Fund the Price Account" section and choose and deposit the amount with which he/she will participate in the event. 

The User will have the following information on the platform (which will be updated throughout the week as participants are added to the event): 

  • The total prize money to be distributed. 
  • The number of winners there will be (which will vary according to the amount of capital accumulated). 
  • The total deposits made by participants. 
  • A timeline that is removed as the week progresses. 

The essence of the product is that the User is eligible for a prize but does not lose the deposited funds. 

The reward is distributed randomly.

When do events start and end? 

The events will start on Fridays and end on Fridays, at which time the event winners will be announced. 

At the end of the seven days, the event ends and the interest generated by the different participants in the event is distributed randomly in the form of prizes. As it is a random event, the User understands that he/she may or may not be the beneficiary of these prizes.  

If the user decides to leave the event before Friday, he/she will not be eligible for the prizes distributed. 

Other service considerations 

The User should be aware that this is a risky product and that there is no minimum guaranteed capital.

RAND reserves the right to modify the percentage of the prize fee at its sole discretion, which will be notified via the terms and conditions of the platform and only applicable to the next event once modified. 

The price account service provided by RAND is neither an investment nor a speculative tool. The User only receives a fixed fee for the use of the service. 

6.1.4 SERVICE CONSIDERATIONS

In order to use the service provided through the Platform, the User must register as a User, providing the personal data requested (which will be processed as established in the Privacy Policy). 

Access to the Platform is subject to the User reading and accepting the Platform Terms and Conditions. 

The User should be aware that this is a risky product and that there is no minimum guaranteed capital.

6.2 EXCLUSION OF WARRANTIES AND LIABILITY WITH RESPECT TO BLOCKCHAIN. FORKS AND MODIFICATIONS TO BLOCKCHAIN PROTOCOLS. 

RAND does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the Cryptoassets supported by the Platform. Most of these protocols are open source and may be used, copied, modified and distributed by any third party. Accordingly, RAND assumes no responsibility for the operation of such protocols and does not guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets purchased may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.

In the event of a Fork, the User agrees that RAND may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to cease supporting) a protocol and/or the original and/or the alternative Cryptoasset. 

The User acknowledges and agrees that RAND assumes no responsibility for any consequences in the provision of the Service that may arise in connection with the modification of the Blockchain protocols. 

7. User Prohibitions

Without this list being exhaustive, the User undertakes to refrain from the following actions, either directly or through a third party:

  • Use the Platform, the Services or any of its contents in a manner or for purposes that RAND considers different or contrary to these Terms and Conditions, the law, morality, good customs or public order.
  • Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libellous, slanderous, pornographic, political or contrary to law, morals and good customs, or which contains malicious software such as viruses, worms or which contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or the systems or servers of RAND, or of a third party.
  • Use the Platform to send, reproduce or publish files in violation of third party intellectual property rights. 
  • Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party's benefit.
  • Use the Platform on behalf of or for the account of any third party (except as set out in these Terms and Conditions) or permit any person other than the User (including, without limitation, by way of assignment, licence or transfer) to use your account and the Services associated with your account.
  • Use automatic or manual programs, software or devices to monitor or copy the information or any content or element of the Platform. 
  • Link the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or to any chain letters or messages with untruthful content for personal or third party gain.
  • Carry out actions that restrict, deny or prevent third parties from accessing and using the Platform, as well as the content and services offered through it. 
  • Attempt to breach any authentication and security systems of the Platform. 
  • Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those which, as the case may be, have been expressly indicated or made available to the User.
  • Include frames, links, deep links, or links to the Platform, whether from other websites or from any software or electronic device.
  • Take any action that imposes a disproportionate or unreasonable burden on the technological infrastructure of the Platform.
  • Use meta tags or any other type of hidden text with the name "RAND", or any other name or trade name and/or intellectual property rights belonging to or owned by RAND. 

RAND reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who carry out any of the actions indicated in this section. 

8. Request for cancellation and closure of the Account

The User may request the cancellation of his/her user account through the Platform, or via email to hello@rand.app only from the email address with which he/she registered. 

RAND reserves the right to request proof and/or additional information in order to corroborate the veracity of the cancellation request and the information provided by the User. 

The document number and e-mail address associated with the User will remain blocked, so that no other person will be able to create a new user account using them. 

Transaction information will not be deleted. Regarding the retention period of the User's personal data, it is permanently available in the Privacy Policy

9. security. password recovery 

RAND provides the User with information on the security of the chosen password and also offers the User the possibility of accessing his/her account via two-factor authentication ("2FA"), which significantly increases the security of access to the account. RAND shall not be liable for any loss of funds resulting from theft of passwords.

In line with the provisions of these Terms and Conditions, RAND assumes that any movements made on a User's account have been made by the User, and the User acknowledges and agrees to be solely responsible for the use made of his or her account and for the direct and indirect consequences and damages arising therefrom.  

In the event that the User detects that his/her account has been attacked or that a third party has made transactions through the account, he/she must notify RAND as soon as possible in order to proceed to block the account by sending an email to the following address: hello@rand.app.  

In the event that the User forgets or loses his/her password, he/she may recover it by the means available through the Platform, or contact RAND by sending an email to the following address: hello@rand.app.    

10. RIGHT OF WITHDRAWAL

Pursuant to article 103 of Law 3/2014 of 27 March, the transactions covered by these terms and conditions are excluded from the right of withdrawal. 

11. Modifications of the Terms

RAND may modify at any time the conditions set forth herein, being duly published on the Platform and/or, at the sole discretion of RAND, by notifying the Users thereof by e-mail. 

The User's use of the Platform from the time of notification of the modification of these Terms and Conditions shall constitute the User's full acceptance of these Terms and Conditions; if the User does not agree to the new terms, the User shall cease to use the Platform.

12. Intellectual Property

All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and colour schemes (the "Content"), is owned by RAND or its licensors. 

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, performed, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written permission of the rights holder.

Your access to the Platform does not grant you any licence, right or title to any intellectual property rights in all or any portion of the Content. Users are granted only a non-exclusive, revocable, limited licence to access and use the Platform and the Content in accordance with these Terms and Conditions.

If the User believes that any intellectual property rights of third parties are infringed on the Platform or in the Content, the User shall notify RAND at the address indicated in these Terms and Conditions, attaching all necessary information and documentation to support the aforementioned consideration.

13. DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails will be processed by RAND as the data controller in order to carry out the registration of Users, carry out the transactions requested, deal with Users' queries, and receive periodic notifications by electronic means. The User can find more information on the processing of his/her data in the privacy policy, which must be read and understood in order to use the Services.

RAND is committed to complying with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.

On the other hand, RAND informs that by visiting its Platform (without carrying out the registration process on the part of the User) no data of a personal nature that identifies a user is automatically recorded, on the other hand, there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform in order to be able to make improvements. All Users must accept, reject or configure cookies to browse the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.

14. PRIVACY AND BLOCKCHAIN

Cryptoasset investments can be recorded on a public blockchain. Public blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public blockchains allow forensic analysis that can lead to de-anonymisation and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.

Because blockchains are decentralized or third-party networks that are not controlled or operated by RAND, we cannot delete, modify or alter personal data on such networks. For more information, please refer to our privacy policy. 

15. APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious matters related to the web portal or the app, Spanish law shall apply and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain) provided that the dispute is not related to any financial transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/

16. LINKS

In the event that there are links or hyperlinks to other Internet sites, RAND shall not exercise any control over such sites and content. Under no circumstances will RAND assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

It is expressly forbidden to introduce hyperlinks for commercial purposes on non-RAND websites that allow access to the Platform without the express consent of RAND. In any case, the existence of hyperlinks on non-RAND websites shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor acceptance by RAND.

17. Miscellaneous

In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

Each user shall be exclusively responsible for the fulfillment of all fiscal and tax obligations. 

18. Transfer

The User may not assign its contractual position, this contract, or any of its rights or obligations hereunder to any third party.

19. Consent to electronic notifications

The User expressly consents to be notified or informed by electronic means of all information relating to his or her User status, account and use of the Platform.

With your consent, we send push notifications to your mobile device to provide information about changes in the price of Cryptoassets, updates to the Service, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform. 

20. CONTACT & Customer Service

RAND has a User Support Service, Monday to Friday from 10 a.m. to 6 p.m., by sending an e-mail to the following address: hello@rand.app.