Legal Notice

1. General Information

CUSTODIO DIGITAL (“CUSTODIO”) is a brand of Aircury S.L., a company registered in Spain with VAT number B19713437, head office at Calle Recogidas 35, 1A, 18005, Granada, and registered in the Registro Mercantil of Granada, Volume 1725, Book 0, Page 149, Section 8, Sheet GR 54163. You can contact us via email at info@custodio.digital or through the contact form on www.custodio.digital.

2. Conditions

2.1. Acceptance

This Legal Notice regulates access to the website www.custodio.digital of CUSTODIO DIGITAL (the “Website”) and the use of the content and services made available to Users accessing the Website (“Users”).

The use of the Website by Users implies the full and unreserved acceptance of all the conditions included in the Legal Notice that are in effect at the time of each access to the Website. Since CUSTODIO reserves the right to modify this Legal Notice at any time without prior notice, the user must carefully read it every time they intend to use any of the content or services offered on the Website, as it may have changed.

Some services on the Website may be subject to specific conditions that replace, complement, or modify this Legal Notice, and these must also be accepted by the Users before the service in question is provided.

CUSTODIO may freely suspend, block, interrupt, or cancel the Service in the following cases:

  • To ensure the security of the service or the access channel.
  • When the Website is used fraudulently or abusively.
  • When it is necessary to carry out maintenance or repair operations on the service.
  • When a User breaches the terms.

Access to the Website is free, except for the cost of the telecommunications connection provided by the access provider chosen by the Users. Access to the Website, especially the contracting of products and services offered through it, is reserved for individuals over 18 years of age. CUSTODIO is not responsible for any consequences arising from non-compliance with this measure.

2.2. Usage

Users agree to use the services offered by CUSTODIO and the Website’s content in accordance with the law and this Legal Notice. They are responsible for any damages or harm caused by non-compliance with these obligations and for any illicit, negligent, fraudulent actions or those that contravene good faith, generally accepted practices, or public order.

It is expressly forbidden to use the Website for unlawful purposes, to harm the rights, property, interests, or reputation of CUSTODIO or third parties, or to damage, overload, or disable the networks, servers, and other computer equipment (hardware) or software products and applications of CUSTODIO or third parties.

2.3 Content and Intellectual Property

All content on the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, its graphic design, and source code, as well as trademarks, trade names, or distinctive signs, are the property of CUSTODIO or third parties. CUSTODIO does not grant Users any licence or authorization regarding the intellectual and industrial property rights of such elements.

CUSTODIO exclusively exercises the exploitation rights of the intellectual and industrial property mentioned, including, but not limited to, the rights of reproduction, distribution, public communication, and transformation.

As a general rule, but not limited to, and in accordance with applicable law, Users are prohibited from performing the following actions:

  • Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying content unless authorised by law or expressly permitted by CUSTODIO.
  • Extracting and/or reusing all or a substantial part of the content on the Website that CUSTODIO makes available to Users.
  • Duplicating, copying, selling, reselling, or exploiting CUSTODIO's services for commercial purposes without prior consent.
  • Using any trademark, logo, or other information protected by copyright from CUSTODIO without the corresponding prior authorization.

2.4. Responsabilidad

(i) Of Information and Content

CUSTODIO strives to ensure that the content on its Website is of the highest quality, but it does not guarantee its accuracy, completeness, or currency. Access to the Website and the use of the information and content provided is the sole responsibility of the Users. CUSTODIO will not be responsible for any consequences, damages, or injuries resulting from such access or use of the information or content.

(ii) Of Quality and Availability of Access

CUSTODIO does not guarantee the absence of viruses, worms, or other harmful computer elements. It is the Users' responsibility to use appropriate tools, means, or systems to detect, protect, and disinfect harmful computer elements. CUSTODIO is not responsible for damages to Users' or third-party computers during or as a result of access to the Website.

Access to the Website requires services and supplies provided by third parties, and CUSTODIO is not responsible for controlling the quality, availability, continuity, or operation of these services. CUSTODIO will not be responsible for any damages caused to Users by failures, interruptions, or suspensions of the telecommunications network services during access to the Website.

CUSTODIO does not guarantee the availability, maintenance, or effective operation of the Website and/or its services. However, CUSTODIO will make its best efforts to ensure that the Website is accessible and fully operational at all times.

(iii) Of Links

The Website may include links to other websites and portals ( "Linked Sites"). In these cases, CUSTODIO acts as a service provider under the provisions of Article 17 of Law 32/2002, of July 12, on Information Society Services and Electronic Commerce, and will only be responsible for the content of the Linked Sites to the extent that it has effective knowledge and awareness of their unlawfulness and has not disabled the link.

If a User believes that a Linked Site contains illegal or inappropriate content, they may inform CUSTODIO so that it can investigate the legality of the content. However, such notification does not oblige CUSTODIO to remove the link.

It is also important to note that the existence of links on the Website does not imply any agreement with the operators or owners of the Linked Sites, nor does it imply CUSTODIO’s endorsement, promotion, or identification with the representations, content, or services offered on those Linked Sites.

CUSTODIO does not know the content and services of the Linked Sites and is not responsible for damages caused by their unlawfulness, quality, outdatedness, unavailability, error, or uselessness.

3. Force Majeure

Notwithstanding the foregoing, CUSTODIO will not be responsible for delays or failures in accessing, functioning, or operability of the Website, its Content and/or Services, or for interruptions, suspensions, or malfunctions, if these arise from breakdowns caused by natural disasters such as earthquakes, floods, lightning, or fires, security breaches, cybersecurity incidents, force majeure situations, or extreme emergencies such as wars, military operations, civil unrest, strikes, employer shutdowns, or any other force majeure situation or fortuitous event.

4. Indemnification

Users expressly agree to indemnify CUSTODIO, its group companies, employees, administrators, agents, and others involved, for any damages or losses (including legal fees, attorney’s fees, and costs) arising from Users’ non-compliance with these general conditions and any specific conditions that may apply. Users also agree to cooperate with CUSTODIO in defending its interests in case any claim is filed or any judicial or administrative procedure is initiated due to such non-compliance. Additionally, Users are obligated to make their best efforts to prevent or, if necessary, minimise the damaging effects that may arise for CUSTODIO.

CUSTODIO will not be responsible for (i) indirect or consequential damages or (ii) business losses (including lost profits, revenue, contracts, savings, data, goodwill, or unnecessary costs incurred) resulting directly or indirectly from User access to the Website.

5. Security Warning

Phishing and other fraudulent identity theft activities involve third parties impersonating entities using fraudulent emails to deceive users into providing personal data.

In any relationship the User maintains or intends to maintain with CUSTODIO, they should consider the following recommendations:

  • CUSTODIO will never request personal identification documents (ID, passport, etc.) or banking details by phone or email. The User should be cautious if approached by anyone claiming to be CUSTODIO without prior trust or knowledge.
  • Users should not access the Website/App via links, emails, or websites that they do not fully trust. It is advisable to manually type the address into the browser.

6. Partial Invalidity

If any clause in this Legal Notice is declared invalid, void, or ineffective for any reason, that condition will be excluded, without affecting the validity or enforceability of the remaining conditions.

7. Waiver

Failure by CUSTODIO to immediately exercise any actions or rights available to it in the event of non-compliance by the Users does not imply a waiver of those rights to be exercised in the future.

8. Jurisdiction

This Legal Notice is governed by Spanish law. CUSTODIO and the Users expressly waive any jurisdiction that may correspond to them and submit to the Courts and Tribunals of Granada for any disputes that may arise from the interpretation or compliance with this Legal Notice governing the Website.