General Conditions of Contracting and Provision of Services

1. Parties

   These General Conditions of Mandate and Procurement of Services in Abubambu establish a framework and regulation for the provision of services in the platform. The parties involved in these conditions are:

   1. Abu Bambu, S.L. (hereinafter, the Owner) with NIF B86514866, owner of the Website accessible through the URL: http://www.Abubambu.com (hereinafter , Abubambu or the Website, indistinctly).
   2. Registered Users in accordance with the provisions of clause 4. (Particular Registration Conditions in Abubambu) of the General Conditions of Use

   The Owner makes available the email address info@Abubambu.com for possible claims.

2. Object

   1. The purpose of these Conditions is to regulate the interaction and management of cryptocurrencies that the user performs in Abubambu through the platform.
   2. Abubambu is integrated into the technology of the Kraken platform and has passed its legal verification process, which involves responding to the same terms of service and legal responsibility, so that the Terms of Use and terms of service of Abubambu are integrated and adapted with the needs and rules of Kraken.

   More information at https://www.kraken.com/en-us/legal/tos

3. Mandate

   It is essential that the User has uploaded to the Abubambu platform the Mandate contract sent to it as a result of its registration on the Website.

   Through this Mandate, the User, acting as Principal, confers power to the holders of Abubambu for the management and investment in cryptocurrency based on the orders given.

   Both the present Conditions and the rest of the Policies and Conditions of the platform are applicable to the contract of Mandate made between the parties. The legal conditions and terms of the Kraken platform are also applicable in any case; platform through which Abubambu interacts.

4. Operation of Abubambu

   For the use of the services available in Abubambu, in accordance with the provisions of the Terms of Use, the user must register and complete all the steps required for this. Thus, the user must enter all the required data, upload the mandate sent to it and complete the KYC form.

   Once the above steps have been completed and you have the approval of the Website Owner, the user can transfer money to the facilitated Abubambu account, choosing from the money transferred the amount he wishes to invest in cryptocurrencies.

   The user can deposit and withdraw money according to the available funds.

   Abubambu receives a percentage of the investments made as commission, determined in any case according to the fluctuations of the world of cryptocurrency and the user´s profits.

   The whole process is managed through the Kraken platform.

   Next, in order to illustrate the process performed on the platform, an infographic of it is shown:

   In order for the user to use the services offered in Abubambu, it is a prerequisite that the user fill in and send the Owner the mandate that will be sent to them at the time of registration.

5. Commission policy

   1. The user can refer to the stipulated in each moment in the section https://www.kraken.com/en-us/help/fees of the website. In the event that the commissions are modified and given the importance of this aspect in the commercial relationship, the user will be notified sufficiently in advance so that he / she can understand and act accordingly to said possible changes, before they take effect.
   2. Las comisiones por operaciones seguirán los criterios vigentes en Kraken y son consultables en https://www.kraken.com/en-us/help/fees
   3. Forkcoins y Airdrops.

   Any allocation of new crypto currencies or tokes from a fork of another cryptocurrency or any assignment of cryptocurrency or token from an airdrop or allocation based on the cryptocurrency or token balance at any given time, will be split 50% between Abubambu and users registered with the same right, at the time of the assignment. The management of these assignments is outside the service provided by Abubambu and will depend exclusively on the Kraken assignment policy, contemplated in its terms of service. The user claims to understand the forkcoin and airdrop concepts reflected in this section and waives any claim about possible discrepancies on Abubambu in this regard.

6. Acceptance of the General Conditions of Contracting and Provision of Services

   When the provision of services is made entirely through the Website, you must read these Conditions and accept them expressly, by clicking on the corresponding consent verification box, which is unchecked by default, at the end of the contracting process.

7. Withdrawal

   Given that the orders given by the users are instantaneous execution and the prices of the cryptocurrency vary constantly depending on fluctuations that the Holder can not control, once the service offered by Abubambu is formalized through the order of the user, in accordance with the legislation on consumers and users can not apply a withdrawal to the provision of services offered by Abubambu in any case.

8. Obligations of the parties

   1. Obligations of the owner:

      Under these Conditions, the owner undertakes to:

      1. Putting our best efforts in the execution of the necessary procedures to correctly assign the deposits and orders made by the users.
      2. We will provide you with all the necessary information to perform and obtain the services.
      3. We will comply with any other obligations contained in these Conditions or in any other conditions that may be applicable, such as the General Conditions of Use of the platform.

   2. Obligations of the User

      With the acceptance of these Conditions you commit to:

      1. Deposit in a timely manner the desired amount of money in the Abubambu account, so that we can process your management orders, including any other specified costs during the process of providing services.
      2. Pay the commissions for the provision of Abubambu services, which will be deducted automatically based on the profits and amount contributed by the User. Failure to pay such fees for reasons attributable to the user will exempt Abubambu from fulfilling its obligations.
      3. Respond to the authenticity and accuracy of any data you have provided to make the purchase.
      4. To assume the responsibility derived from not fulfilling the requirements demanded by Abubambu to hold the status of Registered User or from the non-possession of the documentation required to perform the provision of services.
      5. Fulfill any other obligations included in these Conditions or in any other conditions that may be applicable, such as the General Conditions of Use or the Individuals of Registration, and assume any liability arising from their breach, leaving Abubambu completely unharmed.

9. Exclusion of generic liability

   1. The owner in no case will be responsible for the damages that are caused to the Buyer User for reasons attributable to it.
   2. The Holder will be exclusively responsible for the damages that are caused to the Buyer User as a result of the provision of services on the Website, when they derive from a malicious act of the former.
   3. By way of mere enunciation and without intention of exhaustiveness, the owner will not be responsible for:
      1. The utility that they have for you and / or the adaptation to your needs, of the investment and management in cryptocurrency made through the Website. The Holder is in no case responsible for the losses that the User may obtain since all management is carried out according to the orders given by the User. For more information, read clause EIGHT of the ´General Conditions of Use of Abubambu´.
      2. Personal or material damages caused as a result of the use of Abubambu.
   4. In any case, the responsibility that Abubambu assumes against the Buyer User, in no case includes the loss of profit and will be limited, in any case, at most and for any reason, to the total amount received by the owner of the Buying User according to the stipulation about pricing policies of these Conditions.

10. Exclusion of liability related to cryptocurrency

    1. Abubambu is not responsible for any damages that may arise from or in connection with the use of Abubambu. This includes, but is not limited to, direct loss, loss of business or profits, damages caused to your device and the data contained therein, as well as any other direct or indirect, consequential and incidental damages
    2. The activity of the Holder, based on the orders given by the user, is limited to the execution of the material tasks necessary to invest in the indicated cryptocurrency and assign the gains or losses in the user´s account. Abubambu is not responsible for the state of the blockchain networks underpinning the different cryptocurrencies nor is it responsible for the fluctuations given in the world of cryptocurrency.
    3. The Holder is an independent entity and is not in any case a trustee whose main function is the provision of cryptocurrencies and their subsequent control in the cryptocurrency market.
    4. The Owner is not responsible for losses or problems that may arise from transactions of cryptoactive with third parties or from the fees charged by the blockchain networks.
    5. The Owner is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection, or if for any other reason our website is not available for any period of time.
    6. Likewise, it is not responsible for the problems that may arise from the use of the Kraken platform; platform through which Abubambu operates.

       For more information: https://www.kraken.com/en-us/legal

    7. The holder is in no case an insured financial institution. As a result, unlike the funds held in most banks or savings and credit cooperatives, the cryptocurrencies under management and investment are not insured against losses. Since each user is the owner of their own private key and this is not known by the owner, each user will be responsible for the losses caused by the non-storage of this private key, loss of device or other reasons that prevent the user recover your funds.

11. Compensation

    The breach by the Buyer User of these Conditions or any other that may be applicable may result in damages for the Holder. In this sense, the Buyer will be obliged to compensate the Buyer for any damage, loss, damage or cost (such as the fees of attorneys and attorneys).

    Likewise, if the breach of the Buyer User generates any type of claims or proceedings against the Holder, the Holder must leave the holder unharmed, and the latter may claim any expense, cost, damage or harm derived from them.

12. Modifications

    The owner can at any time and without prior notice, update and / or modify these conditions as well as those collected on the Website.

    Such modifications will become effective as of their publication on the Website through any means and form.

    The modification of these Conditions will only affect the buyers who accept them with character subsequent to said modification.

13. General issues

    1. Safeguard and interpretation of these Conditions

       These Conditions and any other conditions applicable to the Buying User constitute a unique agreement between the Buying User and the Holder.

       In case of contradiction between the provisions of these Conditions and any other conditions subscribed between the parties, the terms and conditions of these Conditions will prevail over what is foreseen in them, unless the stipulations included in them expressly establish otherwise.

       The fact that any of the parties, due to impossibility or convenience, does not require strict compliance with any of the terms of these Conditions at any given time, does not imply nor can it be interpreted as a total or partial modification of the same, nor as a waiver on your part to demand compliance in strict terms, in the future.

       The declaration of nullity of any or some of the Stipulations of these Conditions by competent authority will not prejudice the validity of the rest. In this case, the contracting parties undertake to negotiate a new stipulation in substitution of the annulled one with the greater possible identity with it. If the substitution becomes impossible and the Stipulation is essential for these Conditions, in the opinion of the party harmed by its elimination, it may opt for the resolution of the Conditions.

       Any reference made in these Conditions to an article or regulatory body that is repealed shall be understood as made to the equivalent provision that replaces it.

    2. Language

       The language applicable to these Conditions is Spanish. If versions of these have been offered in other languages, it has been courtesy, for the convenience of the Buyer. He expressly accepts that they will always be governed by the Spanish version.

       If there is any contradiction between what the Spanish version of these General Purchase Conditions says and what one of your translations says, in any case the Spanish version will prevail.

    3. Legislation and jurisdiction

       Both the Holder of Abubambu and the system of the platform that supports the services and management thereof are located in Madrid. Consequently, the relations between Abubambu and the Users are governed by Spanish legislation and jurisdiction.

       For the resolution of the discussions or conflicts between Abubambu and the Buying User that has the consideration of consumer and user in accordance with the applicable regulations in the matter, both will be submitted, expressly waiving any other jurisdiction that may correspond, to the Courts and Courts of the User´s domicile.

       In the event that the Buyer does not have the consideration of consumer and user in accordance with the applicable regulations, the parties will submit, expressly waiving any other jurisdiction that may apply, unless by law a different jurisdiction is determined imperatively, The Courts and Tribunals of the city