top of page

Terms and Conditions of Use

Last update date: 28/4/2020

Application Owner

The purpose of this document is to establish the general terms and conditions of use of the FUND@MENTAL application (hereinafter, the "Application"), owned by Platform FL, LLC with employment identification number (tax ID) 84-2046399, registered in Florida (USA) with document number L19000142928 and located at 8051 N Tamiami trail, suite E6, Sarasota, Fl, 34243. USA (hereinafter, the "Owner").

Registration for the Application, as well as its subsequent use, requires prior acceptance by the user of the current general terms and conditions of use. The Owner reserves the right to modify these conditions, at any time, although said changes shall be duly notified for user awareness.

The download, registration and use of the Application, entail the condition of user thereof (hereinafter, without distinction, "User" or "Users") and imply the reading, understanding and acceptance of all the terms and conditions set forth by this document.

However, the User shall regularly review the publications regarding the changes implemented in these terms and conditions, and if he or she continues to use the Application, this use shall entail the acceptance thereof.  In any case, these terms and conditions of use shall always indicate, at the beginning, the date of their last update by the Owner.

We inform the User that these terms and conditions affect his or her legal rights and obligations regarding the use of the Application, therefore, if the User does not accept the provisions included herein, he or she shall not be able to access and use the Application.

Registration and Features

For the use of the Application, the User shall be required to previously make the corresponding registration, providing his or her identification and contact details, as well as additional information that may be requested for this purpose. Likewise, registering as a user shall necessarily entail acceptance of both these terms and conditions of use and the terms and conditions set forth in the Privacy Policy.

In general terms, those individuals over the age of sixteen can use the functionalities of the Application, a circumstance that the User knows and accepts. The Owner reserves the right to deactivate the user account or not to allow access and use of the services of the Application, to those Users it has verified that do not meet the aforementioned minimum age. The same conditions shall be applied to Users who register by creating false accounts or under identity theft, regardless of any additional legal actions that may be taken.

To access and use the Application, it shall be necessary to provide the information marked as essential or mandatory in the registration form. Failure to provide the information marked as optional during the registration process and / or  while configuring the User profile, shall not exclude the use and enjoyment of the functionalities offered through the Application.

The User may sign up for the Application through any of the following four enabled user profiles, depending on the objectives, role and functions to be carried out:

  • Investor (individual or institutional)

  • Advisor

  • Asset Manager

  • External Counsel

 

The basic data requested, as well as additional and supplementary information to be provided, may vary depending on the user profile selected during the registration process.

The main objective of the Application is to put the Users interested in financial matters and advice on economic investments and asset management in contact with each other, working as a vertical social network.

Once the User has signed up for the Application, the main functionalities available in the Application include:

  • Creation of individual conversations with other Users of the Application through the chat room, as well as generation and creation of conversation groups with various Users, in order to share specific topics and interests.

  • Possibility of synchronizing the contacts of the phonebook of the device used by the User to access the Application (e.g.: smartphone), as well as synchronization with contacts of Linkedin social network. This functionality allows the User to invite his or her contacts to the Application, so that they sign up after accepting these terms and conditions as well as privacy conditions.

  • Display of news and information and configuration of the options of the User account, so that the user can activate the reception of notices and communications about new updates and interesting information.

  • Carrying out and launching surveys to the rest of the Application Users, on the topic or subject selected by the User that may be interesting to them, generating statistical reports (anonymous data) that allow viewing results through graphs on the User's panel. The User may also select the countries to which he wishes to extend the scope of the survey.

Intellectual and Industrial Property Rights

The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, etc.), whose intellectual property rights, by virtue of the provisions of current legislation on the matter , belong to the Owner, except for those materials obtained under license, authorization or consent by third parties.

The Owner and the third party licensors shall hold at all times the intellectual property rights on the Application, as well as on the different elements that make it up, taken individually, in all the copies made (whatever the medium to which they are incorporated), granting them only a right of use. Any right that is not expressly assigned shall be reserved to the Owner and the licensors of content or individual elements.

The Owner owns the intellectual rights and the copyright for the software used for the development and operation of the Application, and shall be enabled to download and install new versions of the Application software, as well as updates and upgrades, in order to perfect the system functionalities.

The User does not get any right or license for the contracted service or for the software necessary for the provision of the service, or for the technical information for monitoring the service, with the exception of the rights and licenses needed for the use and correct operation of the Application.

In addition to the foregoing, the Owner shall be responsible for the selection, structure design and contents arrangement of the Application. Likewise, the Owner has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting the Application. Therefore, the protection that the current legislation on intellectual property can grant on said provision and structuring of the data shall be for the Owner.

The Owner is also the sole owner of the design and graphic image of the Application, reserving the actions to which it is legally entitled against individuals who could make imitations or unfair uses of it.

Likewise, the Owner is the owner of the trade names and / or brands associated or linked to the Application, or that can be used to identify it in the trade activity both in the territory of the European Union (EU) and, as the case may be, worldwide. The use of the Application does not grant the User any trademark or equivalent right, license or assignment, which confers them interests or rights on industrial property.

Infringement by the Users of the intellectual and industrial property rights granted to the Owner by virtue of the provisions of these terms and conditions shall enable it to take the legal actions it deems appropriate on behalf of its pre-existing rights and its legitimate interests.

User Rights

Regarding the possible content generated by the user (photographs, videos, literary content) during the use of the Application, the user shall be the sole owner of the intellectual property rights for said content.

Notwithstanding the foregoing, when the User shares, spreads or publishes content in the Application, he or she shall be granting a non-exclusive, transferable and free license to the Owner so that it shall be able to store, reproduce, distribute, modify, hold or publicly communicate (broadcast, publish) the content generated by the User.

In the event that the User shares or publishes content in the Application, which he or she has not created or generated, he or she shall be solely responsible for having previously obtained the corresponding authorizations from the legitimate authors of the aforementioned content.

In any case, the Owner informs the User that, although the content may be removed from the Application interface, it can be kept in the Owner's backups for a certain period of time, and then be effectively deleted.

Likewise, the content may remain visible if it has been shared with other Users, and they have downloaded or saved such content, being these actions beyond the scope and control of the Application.

User Obligations

The User agrees to use this Application and all its content in accordance with the law, morality, public order and these terms and conditions of use. Likewise, he or she undertakes to make appropriate use of the services and / or contents of the application. In particular, the User agrees:

  • Not to use the Application to carry out unlawful activities or activities that constitute a crime, that infringe third parties' rights and / or that violate the regulations on intellectual and industrial property, or any other rules of the applicable legal system.

  • Not to transmit, introduce, spread and make available to third parties, any type of material and information (content data, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that are contrary to the law, morality, public order and these terms and conditions of use.

  • Not to generate, share or upload content to the Application, if they are illegal, misleading, or discriminatory, or if they infringe the rights of another person, including defamation, insults and slander on the person affected.

  • Refrain from the publication or transmission of any content which is violent, obscene, abusive, racist, xenophobic or defamatory.

  • Not to introduce or upload viruses or malicious codes, or carry out activities that may alter the correct operation of the Application.

  • Not to collect or use personal data of other users without their express consent or in contravention and infringement of the provisions of current regulations on personal data protection.

  • Not to implement an illicit use or management of the image of other users or of other natural persons, which may constitute an infringement of their right to honor, privacy and own image.

Breach of any of the rules contained in this section shall empower the Owner to immediately deactivate the User account from the Application, as well as to delete the content generated by the User, which may infringe third parties' rights, be inappropriate or contravene the legal system.

Limitation and Disclaimer

The Owner does not guarantee that, during the use of the Application, failures or errors that hinder the use of the service, produce imperfections, errors or delays in the system can occur.

In this way, provided that the Owner has acted with due diligence, he shall not be liable for:

  • Losses not caused by infringement by the Owner, by the provisions of these terms and conditions, or not reasonably foreseeable by any of the parties.

  • Contents spread or published by Users, when they infringe third parties' rights, or are illegal, violent, offensive or inappropriate. The Owner makes available to the User electronic communication channels for the notification of this type of behavior, so that the Owner can take the actions deemed appropriate on the content itself and / or the accounts of the offending Users.

  • Infringements of intellectual and industrial property rights, personal data protection rights and rights of honor, privacy and one's own image, to the detriment of third parties, for which the User is fully responsible for breach of the obligations taken by accepting this terms and conditions.

User Account Deactivation

The User can deactivate his or her account at any time, by canceling the use of the Application, with a notice to the e-mail address: service@myfundamental.net.

The deactivation of the User account shall entail the impossibility of accessing the Application and the use of the services and functionalities offered through it.

However, the deactivation of the account shall not exclude the possibility that the User may later sign up again for the Application to use it and enjoy all its features.

On the other hand, the Owner may retain the User's data, once his or her account has been deactivated, for a maximum period of eighteen months, for the sole purpose of making them available to the competent authorities and bodies, in the event they are requested in the framework of an investigation, administrative and / or judicial proceedings.

For more information on this matter, you can consult the privacy conditions in the following section of these terms and conditions of use, regarding the protection of your personal data.

Personal Data Protection

The User's data controller is the Owner of the Application. The user's personal information shall be processed basing on his or her consent, by accepting the privacy conditions of the Application.

The personal data provided by the User, voluntarily, both during the registration process and during subsequent use of the Application, shall be processed for the purposes of giving the User access to the functionalities and use of the Application, configuring his or her profile, holding informative and / or promotional communications, managing and executing maintenance of the service.

The data shall not be transferred to third parties except otherwise required by law, being retained as long as the User keeps his or her account active, and for the minimum periods that are essential to identify the parties which are liable during the data processing.

You can consult all the information about your personal data processing, in our Privacy Policy: www.myfundamental.net/privacy-policy

Changes

The Owner reserves the right to make, without prior notice, the changes it deems appropriate in the operation of the Application. Therefore, it may change, delete or add both the content and services provided through it, and the way in which they are displayed or located in the Application.

The Owner shall try, where possible, to keep the information contained in this Application up-to-date and error-free, although, in any case the User shall be responsible for the access and use of it.

Legal Proceedings

In the event of breach of the terms included in these terms and conditions of use by the User, the Owner shall be entitled to start the legal proceedings that, according to current legislation, may be appropriate, as well as to request the relevant compensation from the User. Especially, the Owner shall look for any improper use of the Application or its contents, infringements of the rights that correspond to it or its licensors, especially regarding intellectual and industrial property rights.

Applicable Law and Jurisdiction

This clause of these terms and conditions of use shall not void the application of any mandatory consumer protection under the national legislation in force in your primary residence country, from where you make use of the services and functionalities of the Application. According to the foregoing, if the User is a consumer and his or her primary residence is located in a Member State of the European Union, the laws of such country shall be applied to the claims or conflicts arising from these terms and conditions of use, except for conflicts of jurisdiction. Likewise, the User may file claims and request the resolution of conflicts before the courts he or she deems competent in his or her primary residence country.

In all other cases, the User agrees and accepts that the Irish legislation shall prevail in any conflict arising in respect of these terms and conditions of use, except for conflicts of jurisdiction, and that claims and conflicts about its content and execution shall be settled in the courts of Dublin, Ireland.

Contact

In the event that Users have any questions, queries or suggestions related to these terms and conditions, as well as in order to notify and report any inappropriate behavior or content in accordance with the provisions of these terms and conditions, they may contact the Owner with a notice to the email address: service@myfundamental.net.

bottom of page