TERMS AND CONDITIONS OF USE OF THE “FIDEKEEN” MOBILE APPLICATION: USERS

1. Purpose and scope of application

This document sets out the general terms and conditions (hereinafter, the “Terms and Conditions”) governing access to, download, registration, browsing and use of the mobile application called “Fidekeen” (hereinafter, the “Application”), developed and managed by the company KEENSOLVE, S.L., with Tax ID (NIF) B22563829 and registered office at Calle Marie Curie 9, 4th floor, 28521 Rivas-Vaciamadrid (Madrid), Spain.

The use of the Application by any natural person (hereinafter, the “User”) implies full, express and unconditional acceptance of the entire content of these Terms and Conditions. If the User does not agree with them, they must refrain from using the Application.

2. Nature of the service

The “Fidekeen” Application is offered as a technological solution that enables end users to:

Centralise and manage, in a single profile, their loyalty programmes with various businesses participating in the platform.
Accumulate points for purchases made at participating establishments, view those points and redeem them for rewards in accordance with the conditions set by each business.
Receive personalised promotions and offers, both general and individual, based on their preferences and consumption habits.
View restaurant menus adapted to their dietary preferences or allergen restrictions, provided that such information has been supplied by the businesses.
View establishments near their location, subject to their express authorisation for the use of geolocation data.

The use of the Application is free of charge for the User, without prejudice to the fact that rewards, promotions or other benefits may be subject to the operation of the points system and the commercial criteria of each establishment.

3. User registration and access requirements

In order to make use of the functionalities of the Application, the User must create an account through a registration process, providing their identification data: first name, surname(s), email address and date of birth.

The date of birth is a mandatory field in the registration process for the purpose of verifying compliance with the minimum age requirement of sixteen (16) years. Access to the Application is restricted to persons who are at least that age. By registering, the User declares, under their sole responsibility, that they meet this requirement.

The User guarantees the truthfulness, accuracy and currency of the data provided during registration and undertakes to keep them up to date. The User will be responsible for safeguarding their login credentials (email address and password) and must take the necessary measures to prevent their use by unauthorised third parties.

4. Operation of the Application

Once registered and logged in, the User may:

Check their loyalty level and the number of points accumulated with the different businesses participating in the platform.
View active promotions, personalised offers and the location of nearby businesses.
Redeem their points for eligible rewards or offers using their personal QR code (card) assigned to the User. When their card is scanned at the business, the offers available in accordance with the establishment’s conditions will be displayed and the User may select and confirm the applicable redemption.
View their activity history (earning and redemption of points, transactions made, visits to businesses, etc.).
Configure their profile, including dietary preferences and allergen restrictions, in order to access personalised menus when such information has been duly provided by the relevant business.
Manage their notifications and consents for receiving commercial or promotional communications.

The Application informs the User that a future functionality for payment by credit or debit card is planned.

This functionality is not yet active and is not governed by these Terms and Conditions, but will be properly incorporated through a specific update of this document at the time it is enabled.

When this functionality is activated, the minimum legal age for making electronic payments will be expressly indicated, in accordance with applicable regulations. If the User does not meet that minimum age, they may only use alternative means of payment permitted under applicable law, such as paying in cash directly at the establishment.

5. Responsibility of participating businesses

KEENSOLVE does not act as the direct supplier of goods, catering services or rewards offered, but rather as a mere technological intermediary between Users and the businesses participating in the platform. In this regard, each business is solely responsible for:

The information published in the Application about its products, promotions, rewards, menus, allergens and commercial conditions.
The truthfulness, accuracy, availability and validity of the points that can be accumulated and redeemed.
Customer service, quality of service and the management of any incident arising from its relationship with the User.

Under no circumstances will KEENSOLVE be liable for the quality, suitability, fulfilment or availability of the promotions, rewards or offers managed by the businesses, nor for any damage or loss that may arise from errors, omissions or inaccuracies in the information provided by them.

6. Use of geolocation

The Application may access the User’s geographical location, provided that the User has given their express consent through the permission settings on their mobile device. The purpose of using geolocation is to allow the display of nearby businesses and to provide access to promotions based on the User’s current location.

The User may disable the use of location services at any time in the settings of their device’s operating system, without this affecting the validity of the other functionalities of the Application.

7. Protection of personal data

KEENSOLVE, as the controller of the User’s personal data, will process such data in accordance with Regulation (EU) 2016/679 of 27 April (General Data Protection Regulation, GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

The purpose of the processing is to manage User registration, provide the services offered through the Application and personalise the User’s experience in line with their preferences, location and activity history. If the User decides to enter information relating to their allergens or dietary habits, such information will be considered a special category of personal data and its processing will be subject to the User’s explicit consent.

All information relating to the processing of personal data, legal basis, disclosures, retention periods, data subject rights and contact channels is detailed in the Application’s Privacy Policy, which forms an integral part of these Terms and Conditions.

8. Commercial communications

KEENSOLVE may send the User commercial or promotional communications by electronic means relating to products, services or content associated with the Application, provided that the User has given their express consent.

The User may withdraw such consent at any time, as well as configure the type of notifications they wish to receive, from their profile in the Application or through the channels indicated in the Privacy Policy.

9. Intellectual and industrial property rights

All intellectual and industrial property rights over the Application, its technical components, design, source code, interfaces, databases and any proprietary content generated by KEENSOLVE belong to KEENSOLVE or are duly licensed by third-party holders.

The User undertakes not to copy, reproduce, modify, decompile, sell, transfer or otherwise exploit, in whole or in part, the contents and functionalities of the Application without the prior express written authorisation of KEENSOLVE.

The content provided by participating businesses (including images, menus, videos or texts) is the sole responsibility of those third parties, who guarantee that they hold the necessary rights for its publication.

10. Limitation of liability

KEENSOLVE does not guarantee the availability, continuity or error-free operation of the Application, although it will take, whenever reasonable, the necessary measures to ensure its proper technical functioning and resolve any incidents that are reported.

KEENSOLVE will not be liable in the following situations:

Technical failures attributable to third parties, to the User’s device or to their internet connection.
Damage or loss arising from improper or inappropriate use of the Application by the User.
Inaccurate, outdated or erroneous content provided by the businesses.
Any contractual, non-contractual or other liability arising from the relationship between the User and the participating businesses.

11. Suspension and termination of the account

KEENSOLVE reserves the right to temporarily suspend or permanently terminate the account of any User who breaches these Terms and Conditions, uses the Application in a manner contrary to the law, engages in fraudulent conduct or causes serious harm to the platform or to third parties.

Likewise, the User may request voluntary cancellation at any time from their profile or by contacting the email address indicated.

12. Amendments to the Terms and Conditions

KEENSOLVE may amend the content of these Terms and Conditions at any time. Any amendment will be notified to the User by publication in the Application or, where appropriate, by email. Continued use of the Application after the entry into force of the amendments will be deemed acceptance thereof.

13. Applicable law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Spanish law. For the resolution of any dispute arising from access to or use of the Application, and insofar as permitted by applicable regulations, the parties submit to the Courts and Tribunals of the User’s domicile when the User acts as a consumer, or, failing that, to those of the city of Madrid.