Terms &
Conditions

About our website

The website https://www.xolo.io/es-es ("Website") is an official website of XOLO BUSINESS SPAIN, S.L.U, a company duly established and existing under the laws of Spain, with address in Barcelona (Spain) Muntaner 239, atic and Tax number: B-67817262 (hereinafter “Xolo”)

The use of the Website is governed by our Website Terms and Conditions. If you continue visiting the Website you explicitly agree to these terms.

Terms of Use

The present conditions of use and navigation are intended to regulate the relationship between Xolo, as a service provider, and the users who access, browse and enjoy the service offered.

Xolo provides access to a large amount of information, services, and data (hereinafter, "the contents"), the property of which belongs to Xolo or its licensors to which you can have access.

You assume responsibility for the proper use of the Website in accordance with the Law and these conditions, a responsibility that extends to the registration necessary to access certain services and content that are provided. Said registration entails the completion of the corresponding form, in which the user guarantees the authenticity and timeliness of all the data that he communicates and undertakes not to provide false, fraudulent or illegal information or documentation. As a result of it, the creation of a password may arise that you must keep diligently and confidentially. You will be solely responsible for any false or inaccurate statements that you make and for the damages caused to Xolo or third parties due to the information you provide.

You expressly agree to make appropriate use of the content and services, such as chat services, discussion forums, newsgroups, etc. that Xolo offers, in accordance with the provisions of the law, morality, public order and these conditions and, with an enunciative but not limiting nature, not to use them to:

You expressly agree to make appropriate use of the content and services, such as chat services, discussion forums, newsgroups, etc. that Xolo offers, in accordance with the provisions of the law, morality, public order and these conditions and, with an enunciative but not limiting nature, not to use them to:

  • Disseminate criminal, violent, pornographic, racist, xenophobic, offensive content, in defense of terrorism, that violates human rights or, in general, contrary to the law or public order.
  • Intentionally introducing computer viruses into the network or performing actions that may alter, spoil, interrupt or generate errors or damage to the physical and logical systems of Xolo, creator of the website, or of third parties; as well as obstructing the access of other users to the website and its services through the massive consumption of computer resources through which Xolo provides its services.
  • Attempting to access the email accounts of other users or restricted areas of the computer systems of Xolo or third parties and, where appropriate, extract information.
  • Violate the rights of intellectual or industrial property, as well as disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and the legislation on protection of personal data.
  • Impersonate the identity of another user, public administrations or a third party, using their registration keys to the different services and / or contents of the website.
  • Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding exploitation rights or it is legally permitted.
  • Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without prior request or consent.

Any breach of the clauses contained in this website (Terms and Conditions, Privacy Policy, Cookies Policy, as well as other contents that imply obligations for you) and in general of the current legislation in Spain, will be communicated immediately by Xolo to the pertinent authorities, committing itself to cooperate with them. In this case, the user will be liable to Xolo or to third parties for any damages that may be caused as a result of the breach of these obligations.

Xolo does not guarantee that its website complies, totally or partially, with the laws of other countries. Therefore, if you reside or are domiciled in any place other than Spain, and decide to access and / or navigate this website, you will do so at your own risk and responsibility, having to ensure that such access and / or navigation complies with the local legislation applicable in your case.

Xolo is not responsible for any damage or loss arising from a denial of service attack, virus or any other technologically harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this page website or the download of content from it or to which it redirects.

Copyright

All the information available on our website, among others, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual content, as well as its graphic design and source codes, constitute a work whose copyright belongs to Xolo, Unless the content is marked or generally recognized as the property of a third party, none of the exploitation rights over them can be understood to be transferred to you beyond what is strictly necessary for the correct use of the website, and regardless of whether or not they are subject to intellectual property.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of Xolo, without it being understood that the use or access to it attributes to you any right over them.

The total or partial reproduction, exploitation, distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights is prohibited. Any previously unauthorized use is considered a serious breach of copyright or industrial property rights.

To make any type of observation regarding possible breaches of copyright or industrial property rights, as well as any of the contents of the website, you must notify Xolo of said circumstance, attaching the pertinent information.

In any case, Xolo does not assume any responsibility for the intellectual or industrial property rights owned by third parties that are infringed by a third party or by the user.

Disclaimer

Xolo does not assume any liability for damages or losses resulting from visiting the Website xolo.io, including the use of information made available on these webpages. We are also not liable for the content of hyperlinks to Websites of third parties.

Xolo is not responsible, in any case, for damages of any kind derived from, by way of example:

  • Errors or omissions in the content. Xolo does not guarantee that the contents will be permanently updated, or that they are free of any type of error.
  • Lack of availability of the website. Xolo is not responsible for the possible damages or losses generated in the user as a result of failures or disconnections in the telecommunications networks that involve the suspension, cancellation or interruption of the website service, since the operation of these networks depends on third parties.
  • Presence of viruses or malicious or harmful programs in the contents that may alter computer systems, electronic documents or user data, despite having adopted all the necessary technological measures to prevent it. It is your responsibility, in any case, to be provided with adequate tools to protect you against harmful computer programs.

Xolo responsibility for information connected to Xolo own products and services is additionally limited by the Service Agreement of the appropriate product.

Changes to our Website

The information made available on our Website may be altered or removed at any time without prior notice.

Change of Terms

Xolo Website Terms and Conditions and Privacy Policy may be amended at any time and the new revision will take effect immediately. We will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended policies.

Contacting Us

If there are any questions or suggestions regarding Xolo Website Terms and Conditions or Privacy Policy you may contact us using the information below.

XOLO BUSINESS SPAIN, S.L.U,
Muntaner 239, ático
08021 Barcelona (España)

email: hola@xolo.io

Applicable law and Jurisdiction

The relationships established between Xolo, the owner of the website, and you will be governed by current Spanish regulations and the resolution of any possible controversy that may arise will be submitted to the Courts and Tribunals of the city of Barcelona.

Last update: January 14, 2022

Legal basis of the ‘Invite a Freelancer’ promotion

Commercial entity Xolo BUSINESS SPAIN, S.L., with official address at 08021-Barcelona, Muntaner Street, number 239, attic and registry number C.I.F. nº B-67817262 (hereinafter referred to as, Xolo) , organises this promotion called ‘Invite a freelancer’ (hereinafter the “Promotion”), regulated by the following legal basis (hereinafter the legal basis).

  1. Description and arrangement of the Promotion

    1. The goal of the Invite a Freelancer Promotion is to spread and promote the services of Xolo through our own clients, as defined in the section Invite a freelancer, and third parties interested in using these services by offering a 50.00-euro reward for each new client registered during the period of the Promotion subject to the terms of the Legal Basis.
    2. The Promotion can be activated from the Invite a Freelancer section of the Xolo platform, where the participant can use a personal unique invitation code for the new client. This code will be used by Xolo to identify the new clients when they subscribe for the Xolo services and to pay the relevant reward subject to the terms of the Legal Basis.

  2. Requirements of participation

    1. This Promotion is aimed at individuals who are of age as of the starting date of the Promotion, residents of Spanish territory that have become Xolo clients before or during the period of the Promotion by signing a service contract with Xolo (hereinafter the Client of Xolo or, where applicable, the Clients of Xolo).
    2. Therefore, the Promotion is aimed at individuals who are of age as of the starting date of the Promotion, residents of Spanish territory that use the services of Xolo or have a previous invitation from a client of Xolo, where the procedure is described in the Invite a Freelancer section of the Xolo platform (hereinafter the New Client of Xolo or, where applicable, the New Clients of Xolo).
    3. The acceptance of the Legal Basis as the Client of Xolo and New Client of Xolo implies full conformity with the Basis as well as acceptance of the decisions of Xolo for the purposes of resolving any conflict that may be caused by the interpretation of the Legal Basis.
    4. Xolo reserves the right to disqualify, at its sole discretion, any participant who tampers or attempts to tamper with the Promotion or violates any of the terms and conditions of the Legal Basis.
    5. Xolo may adopt decisions required to resolve any disputes and conflicts that arise in the course of the Promotion, while these decisions do not unduly impair the participants and are equitable.
    6. If the participants do not fulfil the applicable participation conditions as the Client of Xolo or New Client of Xolo, respectively, or do not fulfil all the requirements set by the Legal Basis, then these participants do not have the right to receive the Reward under the mentioned terms and conditions.

  3. Duration of the Promotion

    1. The Promotion will have a maximum duration of 90 days (hereinafter the Validity Period). Xolo will generate a new personalised code referred to in section 1.2 above once the previous code has been expired and a new one is required.

  4. Value and nature of the reward offered

    1. The Client of Xolo will receive a reward of 50 euros net for each New Client of Xolo that joins during the Validity Period following the procedure described in the Invite a Freelancer section of the Xolo platform (hereinafter, the Reward).
    2. Likewise, the New Client of Xolo who fulfils the same condition during the Validity Period following the procedure described in the section Invite a freelancer, will receive a reward of 50 euros net (hereinafter the Welcome Bonus).
    3. Xolo will transfer the reward to the personal account of the Client of Xolo or the New Client of Xolo, respectively, subject to previous verification of the conditions set by the Legal Basis and once the minimum period of 60 days up to the maximum period of six (6) months has passed upon the signing of the service agreement between Xolo and the New Client of Xolo.
    4. The Reward cannot be changed, altered or compensated by request of the Client of Xolo or the New Client of Xolo. If the Reward is rejected, we will not offer any alternative.
    5. Each invitation, admission process and Reward payment of each New Client of Xolo is independent of other invitations, generated and sent by the Client of Xolo.
    6. If there are no participants, Xolo can declare the Promotion void.

  5. Reward notification

    1. The Client of Xolo and the New Client of Xolo, respectively, will be informed about the Award no later than six (6) months after the date on which the New Client of Xolo makes the service agreement with Xolo.
    2. The notification will take place by means of transferring the Reward to the bank account of the Client of Xolo or the New Client of Xolo, respectively, with the note ‘Reward for the Invite a Freelancer Promotion Xolo’.

  6. Requirements of access to the Promotion

    1. In order to be able to participate in the Promotion as a Client of Xolo, the participant must (i) be a client of Xolo by having made a service agreement with Xolo and (ii) not have ceased to be a client of Xolo during the two months after the date of the agreement.
    2. In order to be able to participate in the Promotion as a New Client of Xolo, the participant must (i) become a client of Xolo by signing a service agreement with Xolo on the Xolo webpage and (ii) not have ceased to be a client of Xolo during the two months after the date of the agreement.

  7. Exclusions

    1. The Clients of Xolo or New Clients of Xolo will be excluded from participation in the Promotion if, even though they fulfil the requirements set out in the Legal Basis, they have debts to Xolo in any unpaid amount during the Validity Period and until the payment of the Reward. In this case, they will have to settle the debt before receiving the Reward. If on the day of payment of the Reward the debt has not been settled, the Client of Xolo or the New Client of Xolo, respectively, will loose the right to the Reward and it will not be paid.

  8. Breach of the Legal Basis

    1. If a Client of Xolo or a New Client of Xolo fails to fulfil the conditions set out by the Legal Basis, the Promotion will be cancelled for them.
    2. If the Client of Xolo or the New Client of Xolo breaches the conditions of the Legal Basis after having received the Reward, they will have to return it. For this purpose, Xolo will charge the account to which the Reward was paid for the amount of the Reward paid.
    3. Once the Legal Basis has been breached, the breacher will be excluded from participation in the Promotion, even if the conditions of the Legal Basis are later fulfilled.
    4. If Xolo or any other party professionally connected with the Promotion detects any violation or suspects that a participant impedes the regular development of the Promotion, they may unilaterally terminate the intervention of this participant. For this purpose, Xolo has enabled the necessary technical means to detect potentially fraudulent, anomalous or malicious action that intends to alter the participation with the aim of obtaining the reward illegally. Therefore, Xolo reserves the right to delete from the register any participant who demonstrates or is suspected of any irregular action in the way described.

  9. Claims

    1. The period of claims under the Promotion will end twelve (12) months after the final date of the Validity Period.

  10. Protection of Personal Data

    1. The Client of Xolo and the New Client of Xolo, respectively, have been informed that the personal data they provide in connection with participation in this Promotion, including the data they provide if they win, will be processed by Xolo BUSINESS SPAIN, S.L., with the legal address 08021-Barcelona, Muntaner Street, number 239, attic and fiscal registry number B-67817262, in order to be able to organise, control and monitor the Promotion as well as to arrange payment of the Reward on the terms and conditions of this Legal Basis.
    2. The personal data are processed in accordance with the applicable Data Protection and information society services regulations, where technical, organisational and security measures are taken to guarantee the confidentiality of the data and avoid their alteration, loss or unauthorised processing or access thereto.
    3. Xolo informs the Client of Xolo or the New Client of Xolo, respectively, of the following:
      • The personal data will be retained throughout the contractual relationship. When terminated, the data will be blocked for the legally prescribed period, generally for ten years. Once the legally prescribed period is over, the data will be deleted.
      • The consent you provide us by applying to participate in the Promotion and accepting this Legal Basis is the legal basis for processing the data.
      • The personal data will not be disclosed to any third party, except on the basis of legal obligation or prior consent.
      • The Client of Xolo can exercise free of charge the right of access, rectification, deletion, opposition, limitation of treatment and portability by sending a message to hola@xolo.io attaching a copy of a personal identification document or passport to the request. The exercise of these rights is not retroactive.
      • If the Client of Xolo considers that their personal data has not been treated in accordance with the regulations, they can contact Xolo by e-mail hola@xolo.io. Notwithstanding the above, they can file a complaint to the Spanish Data Protection Agency (www.agpd.es).

  11. Taxation of the Reward

    1. Payment of the Reward may have fiscal implications for the Client of Xolo or the New Client of Xolo, respectively.
    2. The payment of the Reward constitutes income from mobile capital and is subject to withdrawals at the currently valid rates, which is now 19% for a fiscal resident in Spanish territory.
    3. Xolo will withdraw the tax and transfer it to the Spanish Tax Agency on behalf of the holder, making the fiscal information available for the Income Statement. The payment and the withholding will be attributed to said holder, regardless of the other holders of the account to which the payroll is made or the investments are paid. The abovementioned is notwithstanding of the fiscal changes that can be made during the period of this Promotion.

  12. Disclaimer

    1. Xolo is not responsible for any possible loss, damage, theft, delay or any other circumstance attributable to third parties or the Internet that could affect participation in the Promotion.
    2. Xolo reserves the right to cancel any participation or any participant if it suspects any incorrect manipulation of the Promotion.
    3. Likewise, Xolo does not take any responsibility for the damages of any nature that, despite the security measures adopted, could be the result of undue use of the services and contents by the participants and in particular, though not exclusively, for damages of any nature due to any impersonation by a third party performed by any user of any type of communication.
    4. Similarly, Xolo does not take any responsibility for damages of any nature due to the mass fraudulent mailing of the personalised Promotion code as well as the generation of collective spam (publication on forums, on social media, in mass media) outside the circle of the friends of the Client of Xolo who might be interested in becoming clients of Xolo.
    5. Xolo has the authority to resolve any contingency not mentioned in this Legal Basis.
    6. Similarly, Xolo may postpone, shorten, extend, modify, cancel or suspend the Promotion due to reasons of force majeure beyond its control, undertaking to inform you of said circumstance as soon as possible.
    7. If any of the clauses of this Basis is declared null or void, the rest of the clauses not affected by the void clause remain in force.

  13. Legislation and Jurisdiction

    1. In the event of any discrepancy in the litigation with the Client of Xolo or the New Client of Xolo, respectively, the Law of Spain applies.