Terms and Conditions Capibara

Last updated

Last revision: 03/12/2025

Welcome

Thank you for using Capibara: welcome.

Capibara (or “carpincho” in the Southern Cone) is the common name of the Hydrochoerus hydrochaeris, the largest rodent in the world, and it has special abilities for settling conflicts:

The capybara is a gregarious animal that puts the group first and uses body signals and vocalisations to coordinate without creating conflict.
It maintains fairly stable hierarchies, which reduces constant clashes, and it “argues” about status more through posture and distance than through fighting.
Faced with tension it usually applies the classic de-escalation strategy: withdraw, give ground and cut the escalation short before it turns violent.
Its “negotiation” is behavioural: it reads the environment, adjusts its position within the group and avoids provoking, seeking practical coexistence.
It is collaborative in what matters for survival: it moves as a block, makes use of collective vigilance and reacts in a synchronised way to threats.
Taken as a whole, its social style is low-friction: tolerance, coordination and quiet resolution of frictions rather than open confrontation.

Our purpose is to encourage dialogue between the parties, so that of their own free will they reach an agreement, and to encourage an agreement or a fair decision through alternative dispute resolution techniques — MASC (Métodos Alternativos de Solución de Conflictos) or ADR (Alternative Dispute Resolution) — so that you can settle your legal disputes and debts in the least time and at the least cost possible.

We want to improve:

At Capibara the end does not justify the means; that is, we do not want to reach a goal by any route whatsoever: we want to reach the objective (helping to settle disputes more quickly and more cheaply) while staying faithful to sound values. That is why these conditions have been drafted with the best of intentions, so that they are fair to all Users. We are therefore under constant review, these Terms and Conditions included, so if at any point you think we can or should improve something, we encourage you to write to us at hola@capibara.legal so that we can listen to you and assess the improvement you propose.

Policies of use

The Terms and Conditions of use govern your relationship with Capibara, together with the Privacy Policy, the Cookie Policy and the legislation in force.

As we said, if you have any doubt please feel free to contact us at hola@capibara.legal, as we want the policies and conditions to be intelligible, useful, practical and complete for all users.

These Terms and Conditions of use (hereinafter, “Terms and Conditions”) set out the conditions under which users are offered access to Capibara’s websites, services and applications (hereinafter, the “Service”).

Use of the Service confers on whoever uses it the status of user of the Service (hereinafter, the “User”) and implies full acceptance of these Terms and Conditions. If you do not agree with all or part of these Terms and Conditions, you must refrain from installing and/or using the Service.

By accepting these Terms and Conditions, you state:

That you have read, understand and comprehend what is set out here.
That you assume all the obligations and are aware of your rights set out here and of those established by the applicable legislation.
That you are of legal age and have sufficient legal capacity to use the Service.

Acceptance of these Terms and Conditions by Users is a prior and indispensable step to using the Service. Capibara reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its sole discretion. Capibara will notify Users of any material change to the Terms and Conditions or to the Service. By accessing or using the Services after Capibara has notified the User of a modification or update, the User accepts being bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to the User, the User must stop using the Services.

Definitions

“Sending User” refers to any User who makes a claim through the Service.
“Receiving User” refers to any User who receives a claim through the Service.
“Creditor User”: refers to any User who considers themselves entitled to claim, negotiate or submit a debt to ADR.
“Debtor User” refers to any User who considers themselves entitled to deny, negotiate or submit a debt to ADR.
“ADR User” refers to any User who makes themselves available to carry out the alternative dispute resolution (ADR) service, such as arbitration, mediation, collaborative law, expert determination, etc. We will sometimes also refer to them as ADR Professional User or ADR Professional, to make the clauses easier to read and understand.
“Party Users” refers to any Sending, Receiving, Creditor or Debtor User.
“Legal Adviser User” refers to any third-party User who offers legal advisory services where Party Users or ADR Users require legal support.
“User/s” refers to any kind of User.
“Negotiation service” or “Conflict/debt” refers to the negotiation and ADR assistance service that Capibara provides to Users.
“ADR service” refers to the service of assistance in appointing an ADR User to resolve the differences between Party Users, by reaching an agreement or issuing an award.
“Service Content”: refers to the works, protected subject matter and any content or elements covered by intellectual and industrial property rights that are used in the Service. It includes, among others, the texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound content, as well as its graphic design and the source code used in the Service.
“User Content”: refers to the documents, works, protected subject matter and any other elements protected by intellectual or industrial property that Users incorporate into the Service.
“Wallet”: refers to the service offered to Users that allows funds to be received, stored, withdrawn and used electronically within the Platform, and which is managed by the payment services provider.
“Platform”: refers to Capibara’s website, the applications and any other means of accessing the Capibara platform. It includes the Services and all content, tools, features and functionalities offered on or through the platform.
“Agreement”: refers to the agreements that Party Users reach between themselves or with the help of an ADR User.
“Award”: refers to the decision issued by the ADR User.
“Service”: refers to access to and/or use of the Platform’s services.
“Subscription Services”: refers to the service made up of a set of specific benefits or payment arrangements that vary according to the subscription chosen.
“Visibility Services”: services to increase the visibility of the ADR User profiles uploaded by the ADR User on Capibara.
“Advertiser”: refers to any third party (or ADR User) who places advertisements on the Platform.
“Advertisement” or “Featured listing” refers to the purchase of an advertisement or visibility service to feature or advertise the ADR User or Advertiser.
“Linked Sites”: other internet pages and portals accessible through technical linking devices, directories and search tools.
“Terms and Conditions”: refers to the Terms and Conditions of use set out in this text.

The Service

The owner of the service:

The owner and proprietor of the Service is Capibara, S.L. (hereinafter, “Capibara”), with registered office at Avda. Diagonal 467, 6-1, 08036, Barcelona (Spain).

The Service

Capibara is an online platform that allows its Users to find an ADR User in order to try to settle their dispute out of court, as well as to help Users with debts to communicate with, invite, summon or call upon their Creditor or Debtor to become a User of the platform in order to establish a dialogue, a negotiation, a binding offer, a mediation, an arbitration or any other ADR technique to settle their differences. Capibara provides tools so that they can formalise an agreement that settles their differences, or so that an award is reached.

Capibara in no case intervenes in the agreement or in the ADR process. It merely makes available to the community a space in which to interact and conclude agreements and awards. To that end it may also make templates available so that the agreement more easily complies with the required formalities.

Capibara therefore consists essentially of a service for publishing disputes and debts that connects Party Users so that, where possible, they reach agreements settling their debts and, where they do not reach an agreement, they can submit their dispute to an alternative dispute resolution (ADR) technique, being able to instruct an ADR User to try to resolve their dispute.

Capibara currently operates only in Spain.

Registration required

In order to use the Service, prior registration of the User is required, together with acceptance of these Terms and Conditions and of the Privacy Policy. You must also decide whether or not you accept the use of non-essential Cookies.

The data you enter must be accurate, current and truthful. As a registered User you are responsible at all times for safeguarding your password, and accordingly assume any loss or damage that may arise from its improper use, as well as from its transfer, disclosure or loss, and you must inform Capibara immediately if you have reason to believe that your password has been used without authorisation or is liable to be. In any event, Capibara is not responsible for the safekeeping and use of its Users’ accounts.

Rules for using the Service

General rules

The User undertakes to use the Service in accordance with:

the law, morality and public order,
these Terms and Conditions (including, where applicable, all the rules referred to in and linked to them), and,

likewise, the User undertakes to make proper use of the Service and not to use it to carry out any kind of unlawful or criminal activity, or activity that infringes the rights of third parties or breaches any rule of the legal system.

In addition, when using the Service, by way of illustration and in no case limiting or exclusive, the User or visitor to the Platform undertakes to:

Not to disseminate content or propaganda of a racist or xenophobic nature, pornography, apology for terrorism or armed conflict, incitement to hatred, or anything that undermines human rights.
Not to disseminate, transmit or make available to third parties any kind of information, element or content that undermines the fundamental rights and public freedoms recognised in the Constitution and in international treaties.
Not to disseminate, transmit or make available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.
Not to transmit unsolicited or unauthorised advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) exclusively designed for that purpose.
Not to enter or disseminate any false claim or debt devoid of all truth, or false, misleading, ambiguous or inaccurate information and content in a way that misleads or may mislead the recipients of the information.
Not to impersonate other Users of the Service, nor transmit the account access details or the password to a third party without Capibara’s consent.
Not to disseminate, transmit or make available to third parties any kind of information, element or content without the authorisation of the holders of the intellectual and industrial property rights that may subsist in such information, element or content.
Not to disseminate, transmit or make available to third parties any kind of information, element or content that breaches the secrecy of communications and personal data legislation.
To respect the rules that ADR professionals may set out in accordance with the ADR technique chosen.
Not to create ratings of other users where there has been no interaction on the Platform.
Not to report falsely or incorrectly on a repeated basis.
To use Capibara’s services properly.
Not to create User accounts in order to benefit from service promotions or to avoid paying subscriptions, fees or invoices arising from any negotiated agreement, agreement arising from an ADR or award.
Not to systematically extract or reuse part or all of the Platform’s content without our express written consent. In particular, the following are not permitted: (i) the use of search tools or robots, nor (ii) the extraction of data (whether on one or several occasions or on a massive scale — data mining).
Not to disassemble, decompile or reverse-engineer any part of the Platform.
Not to use external software tools (bots, etc.), unless such use is authorised or permitted by Capibara.

Specific rules on publishing disputes/debts

When publishing disputes/debts, the User must observe and bear in mind the following considerations:

Debts/disputes will be published, negotiated and submitted to ADR one at a time, with no accumulation of separate debts/disputes being permitted.
Debts/disputes arising from illegal activities are not permitted, such as debts related to drug trafficking, terrorism, pyramid schemes or the like.
It is not permitted to publish images or descriptions that do not correspond to the debt/dispute actually in issue.

Publication rules

When publishing their disputes/debts the User undertakes to comply with the legislation in force so as not to commit any illegality.

Specific rules on User ratings

Party Users may publish ratings of other ADR Users in accordance with the agreements and awards carried out on the Platform, explaining their experience. When publishing their ratings, the Party User must bear in mind the following considerations:

Ratings must be objective, truthful and refer to the dispute/debt settled or to the ADR User with whom the negotiation, agreement or Award was attempted.
It is not permitted to publish ratings that are defamatory, insulting, obscene, offensive, violent or the like.
It is not permitted to publish ratings containing personal or sensitive data or any other personal or confidential information.
It is not permitted to publish ratings for promotional or advertising purposes.

The ADR User accepts this ratings policy, accepting that Capibara may interpret and decide on ratings.

Other specific rules and considerations

In addition to all the above, there are certain situations in which the Party User must bear in mind further considerations:

In settling a dispute/debt for the agreed or arbitrated price, both parties are aware that the amount may be subject to such taxes as apply in accordance with the nature of the dispute, undertaking, solely as between Users, to provide one another with the relevant legal or accounting documents so that they can reciprocally meet their tax obligations.
All conversations and documents used by Party Users during their use of the Service on Capibara may be used so that the ADR User can carry out the work entrusted to them. Likewise, they may be used before a Court or Tribunal only where the law or the ADR technique permits it.

Content moderation and corrective measures

Where there is a complaint or report from Users, or following a random review, Capibara will adopt corrective measures and/or moderate the content uploaded by Users if it becomes aware that this content infringes the rules described in these Terms and Conditions, as well as where it has actual knowledge of unlawful activity contrary to the law, morality or public order, or where there is a rule or legal decision requiring Capibara to implement restrictions and/or limitations on Users.

As regards this last case, for example:

In compliance with the DAC7 Directive, Capibara may be required to provide tax information about Users to the competent authorities, including information about transactions carried out on the Platform. Capibara may apply restrictions to your account, including the possibility of (i) blocking the Wallet balance and/or (ii) blocking and/or preventing access to or use of the Service, in whole or in part.

The corrective and/or content moderation measures that Capibara might apply may vary according to the type of activity and/or content that is not permitted under these Terms and Conditions or is unlawful, and may include one or more of the following:

Sending a message or notification warning of the infringement in question;
Blocking the User’s account and/or preventing access to or use of the Service, whether temporarily or permanently;
Deleting disputes/debts between Users;
Blocking access to or deleting publications of disputes/debts or advertisements, temporarily or permanently.

If Capibara takes one or more of the corrective measures indicated above as a result of content moderation, it will inform the User of the restriction applied, the reason or reasons for it and the remedies available, among other matters. However, this information will not be provided if exceptionally it is not required under the applicable law, if doing so would infringe any rule or contradict the instructions of a public authority.

Users are informed that, if they do not agree with the corrective measures applied by Capibara as a result of content moderation, they may submit their representations to Capibara against the decision taken, within a period of 6 months from the date of notification of the decision.

If Capibara maintains its decision and Users continue to disagree with it, they may submit an application to one of the certified out-of-court dispute resolution bodies (ADR), or bring an action before the national courts under the applicable legislation.

Capibara has no general obligation to monitor or actively seek facts or circumstances indicating the existence of unlawful content or activities on the Platform. Notwithstanding the foregoing, Capibara may on occasion voluntarily use human or automated means to carry out filtering of publications of disputes/debts and advertisements, or detection of conduct, in order to identify Users who do not comply with these Terms and Conditions or with the law, morality or public order. As a result, Capibara may adopt one of the corrective measures listed above and/or notify the competent authorities.

Capibara also makes available to Users and non-users the email address hola@capibara.legal, which allows them to report the presence of unlawful content on the Platform.

Liability

Capibara does not provide legal advice, nor is it a party to the dispute or to the agreement, and agreements or services with professionals are contracted directly between the User and the ADR User. Capibara is an online platform acting as a mere intermediary between Users and therefore Capibara has nothing to do with the disputes/debts or claims between the parties.

Capibara may provide means, templates and transactional facilities, but Users will enter into an agreement between themselves that is separate from the one they enter into with Capibara, in order to formalise the relationship between Party Users and ADR Users, and also to formalise the agreement reached to settle their disputes. In other words, Capibara may be a witness to the negotiation and to the ADR attempt, and provide documents so that the agreement can be reached, but that does not mean that Capibara is a party to the conflict or dispute.

In its capacity as an online platform, Capibara may not be held liable for the content provided by Users or for unlawful activities carried out on the Platform, provided that it has no actual knowledge of them or that, once it has such knowledge, it acts expeditiously to remove or block access to that content.

Therefore, Capibara will generally not be liable, whether directly, indirectly or on a subsidiary basis, for loss or damage of any nature arising from the use of and contracting for the content and from the activities of Users and/or third parties through the Service, nor for any lack of lawfulness, reliability, usefulness, truthfulness, accuracy, completeness or currency thereof.

By way of illustration and in no case limiting, Capibara will generally not be liable for loss or damage of any nature arising from:

The use that Users make of the Service, nor the condition, origin, possible inaccuracy or possible falsity of the data provided by Users, nor of the debts published through the Service.
The content, information, opinions and statements of any User or of third persons or entities communicated or displayed through the Service (including the sending of images through the chat).
The use that Users may make of the Service’s materials, whether prohibited or permitted, in breach of intellectual and/or industrial property rights, confidential information, Service content or third-party content.
The carrying out of acts of unfair competition and unlawful advertising.
Any loss of Users’ data for reasons not attributable to the Service.
Access by minors to the content included in the Service.
Unavailability, errors, access failures and lack of continuity of the Service.
Failures or incidents that may occur in communications, deletion or incomplete transmissions.
Any non-operation of or problems with the email address provided by the User.

Capibara will be liable to the User solely and exclusively for the Services that it provides directly to the User.

All information that Users publish, include in or transmit through the Platform, as well as the agreements they reach with other Users, is their sole responsibility. Likewise, Users are responsible for complying with the legal and/or tax obligations arising from their agreements and transactions on the Platform.

By accepting these Terms and Conditions, Users acknowledge and accept that they are fully responsible for any Agreement reached on the Platform, as well as for the information provided through the description, documents, photographs and statements made between them, and for the accuracy of the other details provided. Furthermore, Users are solely responsible for the transactions carried out with other Users and for any disputes that may arise from them.

Consequently, the User undertakes to hold Capibara harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User’s breach of any of their legal obligations and/or of the Rules for using the service referred to in these Terms and Conditions, Capibara further reserving the right to claim such compensation for loss and damage as may be appropriate.

Content and services linked through the Service

The Service may include technical linking devices, directories and even search tools that allow the User to access other internet pages and portals (hereinafter, “Linked Sites”).

The User acknowledges and accepts that access to the Linked Sites is at their sole risk and responsibility, and releases Capibara from any liability for any infringement of the intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User releases Capibara from any liability regarding the technical availability of the linked web pages, the quality, reliability, accuracy and/or truthfulness of the services, information, elements and/or content that the User may access.

In such cases, Capibara will be responsible for the content and services supplied on the Linked Sites only to the extent that it has actual knowledge of their unlawfulness and has not disabled the link with due diligence. Should the User consider that there is a Linked Site with unlawful or inappropriate content, they may inform Capibara, although in no case does this communication entail an obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites be taken to presuppose the conclusion of agreements with those responsible for or owning them, nor the recommendation, promotion or identification of Capibara with the statements, content or services provided. Capibara does not know the content and services of the Linked Sites and therefore is not liable, directly or indirectly, for damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the content and/or services of the Linked Sites, nor for any other damage not directly attributable to Capibara.

Intellectual and industrial property

The industrial and intellectual property rights over the works, protected subject matter and any content or elements covered by intellectual and industrial property rights that are used in the Service (the “Service Content”) belong to their legitimate owners. The User will not acquire, through use of the Service, any intellectual or industrial property right, nor any licence to use, over such elements.

Service Content comprises the texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound content, as well as its graphic design and the source code used in the Service. This list is given by way of illustration and example, not limitation.

The text, images, graphics, sound files, animation files, video files, software and look and feel of the Capibara Platform are protected by intellectual and industrial property rights. Those elements may not validly and legitimately be copied or distributed for commercial use, nor may they be modified or inserted into other websites without the prior express authorisation of their owners.

The User states that they are the exclusive owner of all rights subsisting in the works, protected subject matter and any other elements protected by intellectual or industrial property that they incorporate into the Service as their own (hereinafter, the “User Content”).

The User assigns to Capibara, free of charge and on an exclusive basis, the rights of public communication, reproduction, distribution and transformation that they hold over the User Content, in all forms of exploitation existing at the date of acceptance of these Terms and Conditions, for the whole duration of the rights assigned, for worldwide territorial scope, in accordance with the purpose of the service, which is to promote a quicker and cheaper out-of-court settlement of disputes by promoting negotiation and ADR between Users.

The User expressly agrees to hold Capibara harmless against any claim arising from the breach of obligations relating to intellectual and industrial property rights over the content published on the Platform.

Registers of UNPAID DEBTS

Capibara has nothing to do with defaulter registers, nor is its purpose to compile or include anyone in a register of unpaid debts. Party Users will not involve Capibara in the management of, inclusion in or removal from such registers, as that is not Capibara’s purpose. Users will manage that connection between themselves with the entities that run any kind of similar register.

Parameters for ranking ADR USER search results and the appearance of advertisements

When a User searches for an ADR User, the ADR Users and/or Advertisers included in the result of that search are shown, and they are ranked and displayed on the basis of various parameters explained below, in general order of relevance, influencing the order of search results:

The filters selected and the search text entered by the User.
The date of publication of the advertisement, more recently published advertisements generally having greater visibility;
The proximity of the geographical area in which the advertisement was published;
User ratings and the internal feedback received by Capibara on the basis of the statistics compiled from the data that users enter.

This ranking is applied by default and corresponds to the “Relevance” criterion for ordering search results, that is, the order that Capibara considers most relevant for Party Users. Capibara reserves the possibility of updating or modifying these criteria.

The default ranking of products by “Relevance” may be slightly affected if, among the advertisements included in the search results and/or the filters selected, services are activated that increase the visibility of advertisements, such as the Visibility Services.

Users may change the “Relevance” selection criterion by ordering the results according to other criteria, such as:

The proximity of the geographical area in which the advertisement was published (“Distance”)
Descending price (“Highest to lowest price”)
Ascending price (“Lowest to highest price”)
User ratings (“Ratings”)
Users may likewise apply search filters to narrow their search.

Costs of the services provided by Capibara:

The costs of the services provided by Capibara are kept permanently up to date in the Rates section of the platform app, accessible through this link. In addition, further costs or commissions may be agreed in Users’ contracts with Capibara.

Payment methods and payment platform

Below we explain how you can make payments and deposits for negotiated agreements, arbitrations and payments to Capibara for the negotiation or ADR services you instruct us to provide as a User. Capibara takes no responsibility for any payment made outside the platform.

Our payment solutions are supplied by Stripe, which processes the payments made within our platform and stores the information relating to credit cards, debit cards, PayPal and any other payment method accepted on Capibara for this type of transaction.

Capibara does not provide electronic payment services nor act as an intermediary in their provision. By accessing and carrying out any payment transaction on Capibara using Stripe’s integrated payment services, you confirm that you have carefully read, understood and accepted Stripe’s Terms and Conditions of use and Privacy Policy and other legal texts, as well as those of Capibara.

In the event of disputes over payments made through the Stripe platform, the User must first contact Capibara’s customer service at hola@capibara.legal. If a satisfactory resolution is not reached, the dispute may be handled directly with Stripe following that platform’s specific terms.

Below we set out detailed information on all the payment methods available to you on Capibara as a User:

Debit or credit card: you can make deposits for the payment of debts and pay commissions and negotiation and ADR services by credit or debit card. If there are grounds to suspect that the credit or debit card is not yours, you may be asked for further information to verify that the card or means of payment belongs to you.
We do not accept cash on delivery, pre-paid cards or virtual cards.

LEGAL SUPPORT service

Capibara has integrated providers that offer legal services. This legal service makes it possible to request specific advice where there are debts that require the specific advice of a legal professional, or “Legal Adviser User”. This advice is paid for and will be provided by different legal providers depending on the type of negotiation and debt. Capibara will in no case be the provider of the legal advice and possible defence service and therefore does not take part in the contractual relationship between Users and those Legal Adviser Users.

In order to use this service it is essential that the negotiation has been carried out, or is carried out, through Capibara and has complied with these terms and conditions.

To obtain full information and engage the services of a Legal Adviser User you can contact hola@capibara.legal.

Capibara acts solely as a third party that facilitates contact between Users and the Legal Adviser User, so that from the first consultation onwards it is they who will govern their adviser-client relationship, agreeing prices and fee proposals, with Capibara having no further involvement than putting the parties in touch and facilitating the relationship between them.

ADR service through Capibara

Capibara only offers contact between Party Users and ADR Users, without being a party to the contractual relationship they establish.

Users may engage the ADR service at any time. To do so, either party may choose and propose to the other any ADR User from among those on the platform.

The ADR User may use all the information from the claims on the platform and whatever the parties provide to them in order to carry out their ADR.

The enforcement of any award, decision or agreement reached will take place outside the Capibara platform.

Single point of contact for the Digital Services Act

In compliance with articles 11 and 12 of the Digital Services Act (DSA), Capibara has designated a single point of contact that facilitates direct and efficient communication with users located in the European Union, as well as with the European Commission, the competent authorities of the Member States and the European Board for Digital Services, in relation to any matter concerning the application of that legislation.

This point of contact is available to receive enquiries, complaints, notifications and other communications relating to compliance with the DSA and can be contacted directly at the following email address: hola@capibara.legal.

Legal miscellany

Invalidity and ineffectiveness of clauses

If any clause included in these Terms and Conditions is declared wholly or partly void or ineffective, such invalidity or ineffectiveness will affect only that provision or the part of it that is void or ineffective, these Terms and Conditions continuing in force in all other respects, with that provision being deemed wholly or partly not to have been included.

Data protection

The Privacy Policy describes the personal data of Users collected by Capibara and the purposes for which Capibara processes that data. The Privacy Policy and any part of it are not considered contractual clauses and do not form part of these general conditions. Users’ personal data may be shared with third parties only on the terms and conditions specified in the Privacy Policy, to which the User has access from the Platform.

Force majeure

Capibara will not be held liable if the non-performance or delay in the performance of one of its obligations results from an event of force majeure. Force majeure is deemed to exist where an event beyond Capibara’s control, which could not reasonably have been foreseen and whose effects cannot be avoided, prevents it from meeting its obligations.

Where the impediment is temporary, performance of the obligation will be suspended, unless the delay justifies termination of the contract.

In this respect, Capibara will not be held liable where any circumstance or event beyond its control occurs that prevents the performance of the contracted services under normal conditions, and in such cases Capibara need not assume any compensation in that regard.

Dispute resolution

Users are informed that, in the event of a disagreement or dispute with Capibara when using the Platform or any Services contracted, they may contact Capibara at hola@capibara.legal.

If the disagreement or dispute persists or the User is not satisfied with the response offered by Capibara, the User may turn to the Capibara platform itself to settle the dispute (we believe in our own tool) or to other alternative dispute resolution means, such as the European Online Dispute Resolution Platform.

In the event of a dispute or conflict over the interpretation of these Terms and Conditions, as well as any matter relating to the services offered by Capibara, that dispute will be governed by Spanish law.

For the resolution of disputes between Users and Capibara that cannot be settled through negotiation or ADR, the parties agree to submit to the Courts and Tribunals of the city of Barcelona.

In the event of a dispute between Users of the platform, they must resolve their disputes in accordance with the legislation in force in the Spanish State, with Capibara in no case taking part in that dispute.

Terms and Conditions for Business Users of Capibara

Introduction

These terms and conditions (hereinafter, the “Terms and Conditions”) govern the contractual relationship between Capibara (hereinafter, the “Platform”) and Business Users, in accordance with Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter, the “P2B Regulation”).

By accepting these Terms and Conditions, the Business User declares that they have read, understood and fully accepted their content and the obligations arising from the P2B Regulation.

Definitions

Business User: any natural or legal person acting in the course of their commercial or professional activity who uses the Platform to offer goods or services to consumers.
Platform: Capibara, owned by Capibara Legal, S.L., with registered office at Avda. Diagonal 467, 6-1, 08036, Barcelona (Spain).

Registration and use of the Platform

The Business User must register on the Platform providing accurate, complete and up-to-date information. The Business User is responsible for the proper use and confidentiality of their account.

Transparency in the terms and conditions

The Platform will notify the Business User of any substantial modification to these Terms and Conditions with at least 15 days’ notice. The Business User has the right to terminate their contractual relationship if they do not agree with those modifications.

Ranking and visibility

The Platform will provide transparent information on the parameters used to determine the ranking and visibility of Business Users. These parameters may include relevance, date of publication, geographical proximity and user ratings, among others.

Dispute resolution

The Platform has an internal system for handling complaints, and Business Users are required to take part in those procedures in good faith. Where a satisfactory solution is not reached, certified external alternative dispute resolution (ADR) mechanisms may be used.

Intellectual and industrial property rights

The Business User warrants that all content they upload to the Platform respects the intellectual and industrial property rights of third parties. By uploading content, they grant the Platform a non-exclusive, royalty-free and worldwide licence to use it in accordance with the purposes of the services offered.

Protection of personal data

Business Users must comply with all obligations relating to the protection of personal data under the General Data Protection Regulation (EU) 2016/679 and other applicable legislation.

Capibara acts as a service provider (that is, as data processor) for the Business User, so that Personal Data is processed in accordance with the conditions of our Controller-to-Processor Data Processing Agreement and with the lawful instructions provided to us.

The Business User is responsible for ensuring that the privacy rights of their End Customers are respected, which includes making sure that appropriate information is provided regarding the collection and use of data carried out in connection with the products and services they offer. If you are an End Customer, consult the privacy notice or policy of the Business User with whom you have any kind of commercial relationship for information about their privacy practices, choices and controls. In our Privacy Policy we provide further information about the collection, use and disclosure of Personal Data, including information about the legal bases we rely on to use (process) the personal data of our Users.

Moderation and removal of content

The Platform may moderate or remove Business Users’ content where it has actual knowledge of unlawful activities, breach of these Terms and Conditions or any infringement of third-party rights.

Suspension or cancellation of accounts

The Platform reserves the right to suspend temporarily or cancel permanently the accounts of Business Users in the event of repeated or serious breach of these terms, clearly stating the reasons and the appeal procedures available.

Disclaimer of liability

The Platform acts exclusively as an intermediary and will not be liable for the transactions or agreements concluded between Business Users and end consumers.

Applicable law and jurisdiction

These Terms and Conditions will be governed by Spanish law. Disputes that cannot be resolved through internal mechanisms or ADR will be submitted to the competent courts of Barcelona.

For further enquiries or suggestions about these terms, contact hola@capibara.legal