TERMS OF USE / TERMS AND CONDITIONS
IDENTIFICATION OF THE OWNER
These Terms of Use regulate the access, contracting and use of the Doxia Investing platform, accessible through the website https://doxiainvesting.com/, hereinafter, the “Platform” or the “Website”.
The owner of the Platform is:
Owner: Trecton Interland S.L.
Tax ID: B94150729
Registered office: Calle Joaquín Costa, 78, 36004 Pontevedra, Spain
Contact email: support@doxiainvesting.com / contact.doxiainvesting@gmail.com
Trade name: Doxia Investing
Hereinafter, the “Owner”, “Doxia Investing” or the “Company”.
ACCEPTANCE OF TERMS
Access, registration, contracting or use of the Platform implies the express acceptance of these Terms of Use, as well as the Legal Notice, the Privacy Policy and the Cookies Policy.
The user declares that he/she has read, understood and accepted these Terms before using the Platform.
If you do not agree to these Terms, you must refrain from using the Platform.
Nature of the service
Doxia Investing is a SaaS software technology platform.
The Platform allows the user to access digital tools for analysis, configuration, technical automation and integration with accounts that the user maintains directly with brokers, exchanges or external platforms.
Doxia Investing is not a financial institution, investment services firm, financial advisor, portfolio manager, broker, exchange, fund custodian, crypto-asset custodian or crypto-asset service provider authorised by the CNMV.
Doxia Investing does not provide financial advice, investment advice, crypto-asset advice, discretionary portfolio management, custody of funds or crypto-assets, execution of orders, receipt and transmission of orders, redemption of crypto-assets, or crypto-asset transfer services on behalf of clients.
The service provided by Doxia Investing consists exclusively of access to and use of a technological tool configured, activated, modified and deactivated by the user himself.
Operation of the service and relationship with third-party providers
Doxia Investing operates as a SaaS technological platform that allows the user to access certain functionalities for analysis, configuration, automation, monitoring, parameter management or connection with third-party providers.
The user’s operations may require connection with brokers, exchanges, custodians, payment institutions, liquidity providers, APIs, wallets or other independent external platforms.
For clarification purposes, the overall flow of the service can be represented as follows:
User → Doxia Investing SaaS → Broker / Exchange / External Market Provider →
The user configures their account, parameters, strategies, automations, credentials, API keys or external connections. Doxia Investing acts as an intermediate technological layer, providing certain technical functionalities. The broker, exchange, custodian or external provider will be the one who, where appropriate, executes orders, custodians assets, applies commissions, settles trades or directly provides its services to the user in accordance with its own legal conditions.
Unless expressly stated otherwise and with the appropriate legal authorization, Doxia Investing does not act as a broker, exchange, custodian, payment institution, credit institution, investment services firm, personalized financial advisor, portfolio manager or authorized intermediary for the reception, transmission or execution of orders.
The user acknowledges and agrees that the third-party providers act under their own legal conditions, privacy policies, fees, commissions, operating rules, security systems, execution procedures and applicable regulations.
Doxia Investing will not be liable for damages, losses, delays, execution errors, unavailability, account blocks, lack of liquidity, technical incidents, cyberattacks, changes in conditions, insolvency, suspension of services or breaches attributable to brokers, exchanges, custodians, liquidity providers, payment institutions, wallets, APIs or other independent third-party providers.
The user will be responsible for reviewing, accepting and complying with the legal conditions, policies, commissions and operational requirements of the third party providers before connecting their accounts, credentials, API keys, wallets or external services with Doxia Investing.
Nothing in this clause shall limit or exclude the liability of Doxia Investing when such liability derives directly from wilful misconduct, gross negligence, negligence, breach of mandatory legal obligations or violation of the inalienable rights of consumers and users
Direct relationship between the user and the broker or external platform
The user maintains at all times a direct, own and independent relationship with the broker, exchange or external platform that he or she decides to use.
Doxia Investing does not intervene in the opening of the user’s accounts with third-party providers, does not represent the user before the broker, does not negotiate conditions on behalf of the user, does not receive funds, does not custody assets and does not participate in the legal, economic or operational relationship between the user and said third parties.
Any account, balance, asset, deposit, withdrawal, trade, execution, commission, settlement or market condition corresponds exclusively to the contractual and operational scope existing between the user and the corresponding broker, exchange or external platform.
Configuration, activation and control by the user
The user is solely responsible for:
a) create and maintain your account on the broker, exchange or external platform; b) decide whether or not to connect such account with the Platform; c) configure the necessary keys, permissions or technical access; d) select the parameters, limits, rules or strategies you wish to use; e) activate, pause, modify or deactivate the Software; (f) to monitor the operation of the Platform; g) revoke permissions from your broker, exchange or external platform when you deem it appropriate; h) Assume the consequences derived from their configuration and use decisions.
Doxia Investing does not decide for the user which assets to buy, sell, hold, exchange or transfer.
Absence of personalized advice and recommendations
The information, contents, metrics, simulations, statistics, backtests, alerts, tools or functionalities available on the Platform are merely technological, informative or functional.
Nothing included in the Platform constitutes financial advice, personalized investment recommendation, crypto-asset recommendation, suitability analysis, desirability analysis, individualized invitation to engage or discretionary portfolio management.
The user is solely responsible for assessing whether the use of the Platform is appropriate for their financial situation, knowledge, experience, objectives, risk profile and personal circumstances.
Liability for third-party providers, brokers, exchanges, APIs and integrations
Doxia Investing may allow, facilitate or require connection with services, platforms, brokers, exchanges, custodians, liquidity providers, payment gateways, technological tools, APIs or other independent third-party providers.
The user acknowledges and accepts that such third parties act under their own legal conditions, policies, rates, security systems, operating procedures and applicable regulations, and it is the user’s responsibility to review and accept such conditions before using their services.
Unless expressly stated otherwise, Doxia Investing does not act as a broker, exchange, custodian, payment institution, credit institution, investment services firm, personalized financial advisor, portfolio manager or authorized intermediary for the execution or transmission of orders.
Doxia Investing will not be liable for damages, losses, delays, blocks, execution errors, lack of liquidity, unavailability, suspension of accounts, cyberattacks, security breaches, changes in conditions, insolvency, regulatory breaches or decisions taken by independent third-party providers, brokers, exchanges, custodians or external platforms.
The user will be responsible for the correct configuration, authorization and use of the APIs, access keys, permissions, credentials, wallets, external accounts, risk parameters, automations and other integrations that they use in connection with the platform.
Notwithstanding the foregoing, nothing in these conditions shall limit or exclude the liability of Doxia Investing when such liability derives directly from willful misconduct, gross negligence, negligence, breach of mandatory legal obligations or violation of the inalienable rights of consumers and users.
The user acknowledges that any investment decision, divestment, strategy configuration, automation activation, connection with third-party providers or execution of trades is made under his/her sole responsibility.
Doxia Investing does not guarantee returns, profits, concrete results, absence of losses or uninterrupted continuity of the service.
Past, simulated, estimated, theoretical or back-tested performance is not a guarantee, promise or reliable indication of future results.
User Registration
In order to use certain functionalities, the user must create an account on the Platform and provide the requested data.
The user guarantees that the data provided is true, accurate, complete and up-to-date.
The user undertakes to maintain the confidentiality of his/her access credentials and will be responsible for any use made from his/her account, unless he/she can prove an unauthorized use not attributable to him/her.
Doxia Investing may suspend or terminate accounts when it detects fraudulent, illicit, abusive or contrary to these Conditions.
User Requirements
The user declares that:
a) is of legal age; b) has sufficient legal capacity to contract; c) use the Platform at your own risk; d) you are not located in a jurisdiction where use of the Service is prohibited or restricted; e) you meet the terms of the broker, exchange or external platform you use; f) it includes the risks associated with automated trading and the assets on which it chooses to trade.
Subscriptions, Pricing, and VAT
Doxia Investing offers subscription plans to access the Platform.
The characteristics, functionalities, duration, price, taxes, periodicity and conditions of each plan will be those indicated on the Website or in the contracting process.
Prices shown include VAT where applicable.
Doxia Investing may modify its prices, plans or functionalities. The modifications will not retroactively affect periods already paid, unless they are favorable to the user or are required by applicable regulation.
Payments via Stripe
Doxia Investing uses Stripe as a third-party payment service provider.
The user authorizes Doxia Investing and Stripe to manage the charges corresponding to the contracted plan, including initial payments, renewals, collection reattempts, refunds and payment incidents.
Complete card details or other payment methods are managed directly by Stripe. Doxia Investing does not store the user’s full card data.
Your use of Stripe will also be subject to its own terms, privacy policies, and security policies.
Renewal and Cancellation of Subscription
Unless otherwise stated, subscriptions will automatically renew for successive periods equivalent to the one contracted.
The user may cancel the renewal of their subscription from their account, from the enabled panel or by contacting Doxia Investing at:
support@doxiainvesting.com
Cancellation will prevent future renewals, but will not give the right to a refund of amounts already paid for periods of service initiated, unless the applicable regulations provide otherwise or Doxia Investing voluntarily decides to make a refund.
Right of discontinuance
When the user has the status of consumer, he or she may have the right of discontinuance in accordance with the regulations on consumers and users.
However, in the case of a digital service or digital content not provided in a physical medium, the user acknowledges that, when requesting immediate access to the Platform and expressly accepting the start of the provision of the service during the legal period of withdrawal, they may lose their right of discontinuance once the provision has begun, under the terms permitted by the applicable regulations.
During the contracting process, Doxia Investing may ask the user for express confirmation that:
a) you want immediate access to the service; b) consents to the commencement of the service during the withdrawal period; c) you know that, once the digital service has started, you may lose your right of discontinuance in accordance with the applicable regulations.
Use of APIs, Keys and Permissions
When the Platform allows integration with brokers, exchanges or external platforms through APIs, keys, tokens or other technical mechanisms, the user will be solely responsible for:
a) create such keys from your external account; b) configure the permissions granted; (c) verify that permits are adequate and limited; (d) not to grant unnecessary permits; e) to revoke permits when it deems it appropriate; f) Maintain the security of their credentials.
Doxia Investing recommends not granting withdrawal permissions for funds or assets when they are not strictly necessary for the use of the service.
Doxia Investing will not be liable for losses arising from incorrect API configuration, excessive permissions, user errors, broker failures, or unauthorized access not directly attributable to Doxia Investing.
Obligations of the user
The user undertakes to:
a) use the Platform in accordance with the law, good faith and these Terms; b) not to use the Platform for illicit, fraudulent or abusive purposes; c) not to tamper with, copy, decompile, reverse engineer or improperly exploit the Software; d) not interfere with the operation of the Platform; e) not introduce unauthorized malware, bots or automated systems; f) not to assign your account to third parties without authorization; g) not impersonate identities; h) Comply with its fiscal, legal and contractual obligations towards third parties.
Specific prohibitions
It is expressly prohibited to use the Platform to:
(a) money-laundering, terrorist financing or illicit activities; b) market manipulation; c) fraud, fraud or market abuse; d) violate the rights of third parties; e) breach the terms and conditions of brokers, exchanges or third-party providers; f) attempt to access third party systems, accounts or data without authorization;
g) resell, sublicense or commercially exploit the Platform without written authorization from Doxia Investing.
Service Availability
Doxia Investing will use reasonable efforts to keep the Platform available and operational.
However, the user accepts that interruptions, errors, maintenance, updates, connectivity failures, technical incidents, cyberattacks, unavailability of third parties or circumstances of force majeure may occur.
Doxia Investing may temporarily suspend the service for technical, security, maintenance, improvement, updating or legal compliance reasons.
Limitation of Liability
Doxia Investing shall not be responsible for:
(a) investment losses or negative economic results; (b) decisions taken by the user; (c) incorrect or inappropriate configurations; d) errors, commissions, delays, settlements or executions made by third-party brokers or platforms; e) falls or failures of third parties; (f) volatility, liquidity or market conditions; g) losses arising from APIs, permissions, keys or credentials configured by the user; h) damages arising from improper use of the Platform; (i) loss of opportunity, loss of profit or indirect damages, unless otherwise provided by law.
Nothing in these Terms shall limit the inalienable rights of consumers and users under applicable law.
Intellectual and industrial property
The Platform, its software, code, design, structure, contents, algorithms, interfaces, databases, documentation, distinctive signs, trademarks, logos and other elements are the property of Doxia Investing or its licensors.
You receive only a limited, non-exclusive, non-transferable, revocable right to use the Platform for the duration of your subscription and in accordance with these Terms.
The user does not acquire any ownership rights in the Platform.
Protection of personal data
The processing of the user’s personal data will be governed by Doxia Investing’s Privacy Policy.
The user can consult this policy on the Website.
Communications
Doxia Investing may send the user operational, technical, contractual, security, billing or support communications related to the Platform.
You may also send commercial communications when there is a legal basis for doing so. The user may unsubscribe from these commercial communications at any time.
Modification of the conditions
Doxia Investing may modify these Terms to adapt them to legal, technical, operational, commercial or security changes.
When changes are relevant, Doxia Investing may inform the user through the Website, email or notice within the Platform.
Your continued use of the Platform after the publication or communication of the changes will imply acceptance of the new Terms, unless the applicable regulations require another form of acceptance.
Suspension or Termination of Service
Doxia Investing may suspend or terminate the user’s access when:
(a) breaches these Terms; b) use the Platform in an unlawful, abusive or fraudulent manner; (c) there are security risks; d) there are non-payments; (e) required by a competent authority; f) is necessary to protect the rights of Doxia Investing, other users or third parties.
Account termination will not affect any outstanding obligations or liabilities previously generated.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by Spanish law and, where applicable, by European Union law.
When the user acts as a consumer, the corresponding courts and tribunals will be competent in accordance with the regulations on consumers and users.
When the user acts as a businessman or professional, and provided that the applicable regulations allow it, the parties submit to the courts and tribunals of Pontevedra, expressly waiving any other jurisdiction that may correspond to them.
Contact
For any questions related to these Conditions, the user may contact Doxia Investing at:
support@doxiainvesting.com
contact.doxiainvesting@gmail.com