Effective Date: December 30, 2024.

1.          DEFINITIONS AND OTHER RELEVANT MATTERS

“Application” Refers to a mobile application, developed in native language for iOS and Android operating systems, owned by Guppy, designed for use on smartphones. The Application serves, among other purposes, as a means of accessing vehicle reservations and rentals, registering as Users, and accepting the Terms and Conditions. For more information on the technical availability and functioning of the Application, consult the FAQs section on the website.

“Password” Refers to the password required for registered Users to access the Application and use the Service.

“Individual Vehicle Rental Agreement” Refers to each vehicle rental contract that the User enters into with Guppy, which governs that specific Vehicle Rental, as each rental may have particular terms that are displayed when selecting a vehicle in the Application.

• Each rental begins once the User interacts with the “Start Rental” button and confirms their intention to start it on the following screen by selecting “Yes, I want to rent the vehicle” through the Application (the mere Reservation, without confirming the start of the rental, does not imply entering into the contract). The phrase “Rental successfully started” will then be displayed at the top of the screen, and the User will be prompted to report any potential damages to the vehicle.
• The rental ends when the User interacts with the “End Rental” button and confirms their intention to end it on the following screen by selecting “Yes” in response to the question, “Are you sure you want to end the rental?” through the Application. Exceptions to ending a rental this way apply in cases where: (i) the vehicle is not in the Guppy Zone, (ii) the vehicle is unlocked or running, (iii) the vehicle is one that can only be returned to Guppy Points, or (iv) other scenarios announced within the Application before starting the rental.
• The Rental Agreement will be deemed expressly accepted by the User in two situations: (i) in the case of a Reservation, by interacting with the “Start Rental” button through the Application, and (ii) in the case of a Rental without reservation, by interacting with the “Start Rental” button and confirming their intention to start it on the following screen by selecting “Yes, I want to rent the vehicle” through the Application.

“Pricing Policy” Refers to Guppy’s Pricing Policy and Economic Conditions for the use of the Service, applicable at all times to each rental agreement entered into by the User. Specifically, the Pricing Policy in effect for each particular vehicle is deemed accepted by the User upon starting the rental of said vehicle, after having been shown the specific rental terms on the Application display.

“Service” Refers to the various mobility services offered by Guppy, including, but not limited to, the service of reserving and renting vehicles by the kilometer for Users, subject to vehicle availability and the execution of the corresponding Rental Agreement, in accordance with these Terms and Conditions.

“User Service” Refers to the telephone or online customer service provided to the User, made available by Guppy at all times.

“Website” Refers to Guppy’s website, accessible at www.guppy.es.

“Terms and Conditions” Refers to this document and any modifications made to it from time to time. It constitutes the contract entered into by the parties and includes the Pricing Policy and other Policies displayed on Guppy’s website, which are binding on the User.

“User” Refers to any natural person with an open account on Guppy, in accordance with these Terms and Conditions. Certain Users may be subject to special conditions, including: (i) users associated with the Gijón City Council and its autonomous organizations, (ii) users associated with other public administrations, autonomous bodies, or any other public entity through public procurement, and (iii) users associated with a specific company, subject to the agreement entered into by that company and Guppy.

“User Profile” Refers to the creation of a virtual identity within the Application, used to identify the User in their interactions with Guppy. The User Profile, as well as the User’s name and Password, are personal and non-transferable, and unauthorized third-party use is expressly prohibited.

“Vehicles” Refers to the fleet of vehicles available to Guppy at any time, which may be rented by Users through the execution of the corresponding Rental Agreement.

“Service Area” Refers to the geographical area where vehicles can operate. There is no restriction on the circulation of vehicles within mainland Spain. If a User wishes to take one of our vehicles abroad, they must first contact Guppy to inform them of the trip and receive notification of any special conditions.

“Guppy Zone” Refers to the area where any User may start and/or end the rental.

• The Guppy Zone excludes: (i) areas designated for loading and unloading, areas marked as private or any other areas where parking is expressly prohibited (regardless of whether the restriction is temporary or not); (ii) it also excludes other locations where parking is generally prohibited, such as sidewalks, parks, or beaches, or other areas within the Guppy Zone where general traffic rules prohibit parking. In such areas, Users may neither park nor end the Service.
• The Guppy Zone may be expanded or reduced based on agreements or arrangements between Guppy and third parties, including various public administrations, without modifying the Terms and Conditions.
• It is the User’s responsibility to ensure that they are permitted to park in the restricted parking zone of the city where they wish to park using one of our vehicles. Guppy assumes no responsibility if the User parks in a restricted area where a parking ticket is required, the User does not obtain one, and they receive a fine.

“Guppy Points” Refers to Guppy-exclusive parking spaces where Users can park vehicles to start or end the Service. Certain vehicles may only be returned to these designated spots, which will be indicated in the Application when renting that specific vehicle.

Each time a User interacts with the Application and selects the “Start Rental” button, they will enter into a new Rental Agreement for that specific rental and vehicle, based on these Terms and Conditions and other Policies governing the service, which are always available on the website www.guppy.es.

Complaint forms are available to Users for any type of complaint, suggestion, or grievance against Guppy. Complaint forms can be requested at legal@guppy.es

2.          DEFINITIONS AND OTHER RELEVANT MATTERS

Through its original application, created by the company for iOS and Android systems, GUPPY MOVILIDAD SOSTENIBLE, S.L. (hereinafter, “Guppy”; see legal notice), offers its users a “vehicle rental by the kilometer without a habitual driver” service within the service area defined by Guppy. This service is subject to the availability of vehicles in Guppy’s fleet and is intended to enhance the User experience in the field of sustainable mobility, based on the applicable legislation related to each mode of commercial operation outlined in these Terms and Conditions. Hereinafter, the User and Guppy may be referred to individually as a “Party” or collectively as the “Parties”.

By using the Application and/or the Service, Users agree to comply with and be bound by the following Terms and Conditions. Use of the Service, by creating a Profile and an account, establishes User status and constitutes full acceptance of all regulations and policies published on www.guppy.es , including these Terms and Conditions, the Pricing Policy, the Privacy Policy, the end-user license for the Application, as well as any applicable and current regulations governing the Service.

Users should be aware that these Terms and Conditions govern the general conditions for providing the Service and that, upon entering into each new Rental Agreement with Guppy (i.e., each time they interact with the “Start Rental” button with a new vehicle), these Terms and Conditions will be supplemented by the specific terms and conditions applicable to each of the Vehicles (displayed on the application screen before initiating the rental); additionally, they will include vehicle motor insurance rules, the Pricing Policy, and, as applicable, other terms that correspond to the selected rental mode.

Guppy expressly reserves the right to reasonably modify the Terms and Conditions as well as the Pricing Policy. Modifications to the Terms and Conditions will be sent to Users via email and will also be made available through announcements and postings on the Website or the Application whenever the legal relationship between Guppy and the User is altered. Express acceptance of these Terms and Conditions will be required to use the Service.

The Terms and Conditions apply to the entire legal relationship between Guppy and Users related to the Service. Specifically, the Service is structured mainly around two elements: (i) User Registration—which includes validating the necessary documentation for Users to operate Vehicles; and (ii) The contractual relationship a User establishes with each Vehicle, based on their needs.

The prices and rates associated with the Service will be those in effect at any given time, as indicated in the Application and on the Website when each Rental Agreement is entered into by the Parties, in accordance with the Terms and Conditions, the Pricing Policy, and the information displayed to the User on the Application screen. The estimated cost per journey and/or per kilometer will be displayed in the Application at all times, regardless of the billing system governing the offered Service.

Whenever the User interacts with the Application and selects the “Start Rental” button, they will enter into a new Rental Agreement for the specific rental and vehicle, based on these Terms and Conditions and the other Policies governing the service, which are always available on the website www.guppy.es  The contract is a distance contract, and as such, it incorporates the features of remote contracting as provided under our Legal System.

RIGHT OF ADMISSION

Guppy reserves the full right and discretion to deny a User’s registration or to disable their account if there is any reason to believe, in its judgment, that the User’s conduct does not support or is not intended to fully comply with the contractual relationships necessary to use the Service. Specifically, Guppy reserves the right of admission in the following cases: (i) when individuals wishing to use the service do not meet the minimum age requirement for holding a driver’s license; (ii) when individuals wishing to use the service lack the necessary and required documents to access the service; (iii) if individuals have displayed or are displaying behavior or an attitude that disrupts the normal operation of the service; (iv) when individuals wishing to register as users, or Guppy users, display violent or aggressive behavior or behavior inciting violence, xenophobia, or any type of confrontation or altercation, whether with other users or our staff; (v) when users endanger or disturb other road users with their behavior while using one of our vehicles; or (vi) if any of our users consumes or has consumed alcohol and/or drugs while using one of our vehicles.

3.          USER PROFILE AND ACCESS LEVELS WITHIN THE APPLICATION

Downloading the Application alone does not constitute the formation of any lease agreement. The contractual engagement levels associated with the Application’s use and guppy’s Service are outlined as follows:

First Level – App Download: Simply downloading the app allows Users limited navigation without creating a User account. Specifically, and without limitation, they may: (i) browse and interact with the app, (ii) access the geolocation of Vehicles, (iii) make certain adjustments, (iv) view the Vehicle fleet, and (v) view the guppy Zone, guppy Points, and recharge Points. The functionalities available to Users without a User account in the Application are minimal and may be altered by guppy, through additions or deletions, without requiring express consent.

Second Level – Creation of a User Account: By creating a User account, Users acknowledge, accept, and consent to providing guppy with the following personal data: name, surname, ID/Passport number, driver’s license, email address, postal address, mobile phone number, and details of a personal credit or debit card for payment. Additionally, during the registration process, Users are required to submit biometric data for identification purposes (e.g., a video selfie for contrast) and upload photographs of valid documents (driver’s license and ID/Passport), both front and back, as necessary for driving within the service area per applicable motor vehicle regulations. Completion of a User Profile signifies express acceptance of the Terms and Conditions, confirmed through interaction within the app, enabling access to the service.

Third Level – Confirmation of Registration by guppy: To enter into a Lease Agreement, the User must successfully complete the registration process and obtain express confirmation from guppy, thereby securing a personal and non-transferable User Profile within the Application. Whenever the User selects the “Start Rental” button in the app, they enter into a new Lease Agreement for that specific rental and vehicle, agreeing to the specific terms applicable to that rental and vehicle. Through the Application, Users may also reserve a Vehicle exclusively after selecting the corresponding “Reserve” button.

To enter into a Lease Agreement and use the vehicles, the User must:

1.      Complete the registration process by submitting the required personal and biometric data, which guppy must validate through express confirmation. The User guarantees that the payment card linked to their User Profile will allow guppy to charge fees incurred from Service use. If the payment card linked to the User Profile cannot process the applicable charges, the User will cover any costs associated with the failed payment management, as well as an interest charge set forth in the Pricing Policy.

2.      If applicable, obtain authorization from a company account (hereinafter, “Corporate Account“) to enter into a Lease Agreement or other contractual relationship, enabling Service use under the Corporate Account after correctly linking their User Profile to it. The linking of the User Profile to the Corporate Account is governed by these Terms and Conditions and any specific agreements negotiated on a case-by-case basis between guppy and the Corporate Account.

If a Corporate Account expressly authorizes a User to use the Service, the Corporate Account will assume responsibility for any liabilities arising from Service use, being secondarily liable if the User has not assumed responsibility within six months of a request, in accordance with the Terms and Conditions and Pricing Policy, regardless of any case-specific agreements.

An authorized User under a Corporate Account who utilizes the Service in this manner acknowledges that: (i) they accept the Terms and Conditions and all other service policies and are bound to comply with them; and (ii) they expressly consent to the transfer of all information related to Service usage to the Corporate Account.

3.      Concerning the processing of user data for the Access Service for shared fleet vehicles with the City Council of Gijón and its Autonomous Bodies, a specific corporate extranet exists for this purpose. Consequently, the City Council of Gijón and its Autonomous Bodies are responsible for managing user registrations and deactivations, not guppy or its data processors. In the case of application use by City Council personnel for official functions, conditions in the administrative contract will apply, along with specifications on user registration, deactivation, and data processing per the Privacy Policy.

Except for cases involving the Corporate Account and the User, any User is strictly prohibited from allowing unauthorized third parties to operate Vehicles rented from their User account and Profile. Specifically, it is not allowed, even in the context of Corporate Accounts, to disclose User Profile login credentials (username or password) to third parties, even if those third parties are Users of the Application and Service. ONLY THE USER INITIATING THE RENTAL FROM THEIR PROFILE MAY DRIVE THE VEHICLE.

4.          USER PROFILE REGISTRATION AND VERIFICATION PROCEDURE

The User’s registration process includes submitting the required identification documentation for guppy to verify eligibility under applicable law to operate the Vehicles. If the verification process is satisfactory, access to a User Profile will be granted, enabling the User to enter into Lease Agreements and operate the Vehicles.

Moreover, Users must be aware that Vehicle use is only permitted if:

i. The User is over 18 years old and possesses a valid driver’s license for cars in accordance with current Spanish regulations.

If the User is a foreign national, they must provide either a valid NIE/Passport or valid residence card and specify the duration of legal residence in Spain. They must also meet the requirements established by the DGT, which can be consulted here and here. guppy reserves the right to request a valid international driver’s permit or, in some cases, deny access to Users unable to meet these requirements.

ii. They carry the original documents required for driving the Vehicles at all times.

iii. They can demonstrate, throughout the Lease term, that the Application has been used to reserve and operate the Vehicles.

iv. They maintain an active User Profile in the Application.

The validation of User identification data provided during the registration process will determine the User’s eligibility for Service access. Submission of these documents is essential for initiating the Application’s technological processes, which allow guppy to review necessary documentation for entering into the Lease Agreement per these Terms and Conditions.

Users are hereby advised that any attempt to falsify the required documentation constitutes a breach of the Terms and Conditions and may also constitute an offense punishable under Organic Law 10/1995 of November 23, the Spanish Penal Code.

REGISTRATION PROCEDURE

The User is subject to an identity validation and verification procedure, which may include a video selfie or photographs that clearly capture facial features with sufficient resolution for guppy’s verification, as well as front and back images of the valid documents authorizing them to operate the Vehicles under applicable law and these Terms and Conditions. Upon completing the identity verification procedure, the User will press the “Next” button in the application under the “User Registration” section.

Pressing the Application button as described above initiates the identity verification process.

Upon receiving express confirmation from guppy, the User may use their User Profile and the Application indefinitely, provided the driver’s license and payment card remain valid to enable Lease Agreements. However, guppy reserves the right to request that any User appear at its offices for identity and driving eligibility verification. Failure to comply may result in the User Profile being disabled until the requirement is met. If the required driving documentation becomes invalid or expired, guppy may, at its sole discretion, permanently disable the User Profile, terminating all active contractual relationships with the User.

Should the User lose or have their driving license suspended, or if driving in Spain is prohibited for any reason, all rights to operate the Vehicles under these Terms and Conditions shall immediately cease. Users must promptly inform guppy of any suspension, limitation, or prohibition affecting their driving rights, or any temporary license withdrawal or retention if they intend to continue using the Service.

During the registration process, Users must create a Password for Profile access. Users must safeguard their account, password, and smartphone, which are considered personal and non-transferable, against any third-party access. Users must inform guppy immediately and change their Password if it has been disclosed to a third party. Users are advised to generate a strong Password, including letters, numbers, and symbols, unrelated to dates, names, or events associated with the User. The User shall be liable for any damages caused by password or smartphone loss, especially if it leads to vehicle theft, damage, or misuse.

The registration process and personal data requirements include special considerations for specific cases, such as usage by City Council of Gijón personnel in official capacities, as well as other contracts with public authorities, autonomous bodies, or other public entities, under the terms of the relevant administrative contract. Additionally, Users affiliated with a company are governed by the contract between that company and guppy.

5.          GUPPY APPLICATION OR APP

The application is the only available means to use the services provided by guppy. Therefore, it is an essential requirement that the User possesses a smartphone compatible with the technical specifications of the Application. Guppy does not guarantee compatibility of the Application with all smartphones available in the market. Any mobile data transmission costs from mobile or internet service providers that enable User interaction with the Application will be exclusively borne by the User.

Any conduct intended to copy, transform, manipulate, or use the Application, without adhering to the Terms and Conditions, through any technology or any breach by a User, will result in the immediate cancellation of their User Profile and permanent removal as a User, with any costs and potential indemnities arising from this violation being charged to them as stipulated in this section.

6.          VEHICLE RESERVATION AND LEASE AGREEMENT. RIGHT OF WITHDRAWAL

RESERVATION

Only Users with an active User Profile who have successfully completed the verification and approval process are eligible to enter into a Lease Agreement. Only those Vehicles not previously reserved by another User and marked as available in the Application may be reserved for use by a User.

Exclusively reserving a vehicle does not entail the execution of any Lease Agreement. The period during which a Vehicle can be reserved prior to the commencement of rental may be extended or shortened by guppy depending on the specific vehicle, so it is necessary to verify in the application the effective reservation time available for each vehicle before making a reservation. Guppy reserves the right to reject any Reservation if the selected Vehicle is unavailable. Guppy acknowledges that, due to the inherent inaccuracies in the GPS positioning technology used by the Vehicles, the location shown to the User via the Application may differ from the actual location; guppy accepts no liability in such cases.

By reserving a Vehicle through interaction with the “Reserve” button in the Application, the User explicitly agrees to be bound by both the Terms and Conditions and the Price Policy applicable to Vehicle Rental in effect at the time of reservation.

EXECUTION OF THE LEASE AGREEMENT

Each rental begins when the User interacts with the “Start Rental” button and confirms their intention to start the rental on the subsequent screen by selecting “Yes, I want to rent the vehicle” in the Application (a mere Reservation, without confirming the rental start, does not imply execution of the agreement). The message “Rental started successfully” will then appear at the top of the screen, and the user will be prompted to report any existing damage to the vehicle. At this point, even if the vehicle has not been accessed or is not in close proximity, the rental is considered started, and the Price Policy regarding standby charges will apply if the vehicle is not in use by the user.

The rental ends when the User interacts with the “End Rental” button and confirms their intention to end the rental on the following screen by selecting “Yes” in response to “Are you sure you want to end the rental?” via the Application. Exceptions to ending the rental in this manner include the following cases: (i) the vehicle is not within the guppy zone, (ii) the vehicle is unlocked or running, (iii) the vehicle belongs to a group that can only be returned at guppy Points, and (iv) other cases announced in the Application prior to starting the rental.

The Lease Agreement is deemed expressly accepted by the User in two scenarios: (i) in case of a Reservation, by interacting with the “Start Rental” button via the Application, or (ii) in case of rental without Reservation, by interacting with the “Start Rental” button and confirming the intention to rent on the subsequent screen by selecting “Yes, I want to rent the vehicle” in the Application. To unlock and operate the vehicle, the User must interact with the “Unlock” button in the Application, which will then unlock the vehicle.

Before starting the vehicle for actual use, the User is expressly required to: (i) Inspect for defects, damage, or significant dirt affecting the vehicle’s exterior or interior; and (ii) Notify guppy of such conditions either through the Application, following the available in-app system, or by phone through the customer service line available at that time. In cases of severe damage, the User must contact guppy by phone to report the condition of the vehicle.

The User acknowledges that, to enable guppy to assign responsibility to the party causing the reported damage, any such issues must be reported before starting the vehicle. The User expressly agrees to provide complete information regarding the Vehicles as available to them. If guppy deems that use of any Vehicle may be compromised, it reserves the right to prohibit use by any User, without entitlement to compensation or indemnification.

The Lease Agreement period begins with its execution by the User and ends when the User completes the rental as described, or when guppy unilaterally terminates the Agreement at its discretion.

Furthermore, guppy may prohibit any use of the Service and Vehicles by Users if it believes any User is in violation of any provision within the Terms and Conditions.

Any Lease Agreement extending beyond one day may be unilaterally terminated by guppy if irregularities are observed during its duration. In the event of a payment default for an ongoing rental exceeding 24 hours, guppy reserves the right to unilaterally terminate the rental. If a User wishes to enter into a Lease Agreement with a longer-than-usual duration, they may contact guppy through the channels indicated in the Terms and Conditions or on the Website to discuss the conditions for such an arrangement. Guppy may replace any Vehicle with another Vehicle at any time, in coordination with the User, if a Lease Agreement is active.

RIGHT OF WITHDRAWAL INFORMATION

As a general rule, consumers and users have the right to withdraw from a contract within a period of 14 calendar days. However, under current regulations, the right of withdrawal does not apply to Lease Agreements in guppy’s business activity once the service has been fully performed, which is considered to have occurred upon initiation of the rental, as the company has fully fulfilled its obligation by making a vehicle available for the user’s exclusive use, allowing immediate travel within the Service Zone. If the user starts the rental as described above and does not move the vehicle, standby time will begin to accrue, generating corresponding charges per the Price Policy, which are non-refundable for the reasons stated.

With acceptance of these Terms and Conditions, the consumer expressly consents and acknowledges that, once guppy has fully executed the contract, their right of withdrawal is forfeited.

Consumers retain the right to withdraw, as provided in Article 102 et seq. of the Consumer Protection Law, with respect to guppy credits or balance purchased to use guppy vehicles. The period for exercising the right of withdrawal is fourteen calendar days from the date of purchasing said credit. The purchase of credit extends the expiration date of the guppy balance by one year. Exercising the right of withdrawal for such credit entails renunciation of all legal effects tied to the credit’s purchase, including the extension of the balance expiration. Thus, exercising the right of withdrawal with respect to the purchase of credit also voids the extension of the balance expiration.

Before the withdrawal period expires, the consumer and user will notify guppy of their decision to withdraw from the credit purchase using the following form:

This form must be sent, in a timely manner, to the following email address: legal@guppy.es or to C/ Gregorio Marañón Nº 1 Bajo II, CP 33.203, Gijón (Asturias, Spain). A receipt acknowledgment in durable format will be sent to you from this address, and a response will be provided within a maximum period of 10 business days.

7.          DISCLAIMERS

The Application offered by Guppy to Users is subject to current technological standards, as well as the limitations and inaccuracies inherent in the technological tools required for the normal provision of Services. It is not possible to clearly define what constitutes the normal development of Services, as the effective provision of Services by Guppy to Users is, at all times, subject to limitations and inaccuracies beyond Guppy’s control, which are instead under the control of third parties (such as the availability of services related to mobile data provided by mobile network operators, the mobile network itself, positioning and geolocation services, internet access, Bluetooth services on the User’s device, adverse weather conditions affecting networks, topographical obstacles, network overloads, etc.).

Furthermore, the technological means used by Guppy to verify and validate the identity of Users during the registration and sign-up process are in line with current technological standards. However, it is impossible to guarantee their effectiveness in all circumstances.

In addition, Users must take into account the potential interruptions in the provision of Services offered by Guppy due to force majeure events (such as strikes, lockouts, etc.), for which no liability may be assigned to Guppy for such interruptions in Services.

Notwithstanding the above, the Services offered by Guppy to Users may become temporarily unavailable due to repairs, maintenance, updates, or mere implementation of improvements in the Application’s physical or digital equipment or Vehicles, which are necessary to ensure appropriate and continuous improvement in the provision of these Services.

Guppy expressly informs Users that no service level agreement or specific guarantee related to the operation of the Application or Services is assured.

8.          PRICES

The User shall pay the prices, fees, and costs in effect for the Service, which can be viewed at any time prior to entering into a specific vehicle rental in the Guppy app. Users are reminded that the prices, fees, and costs associated with the Service are subject to unilateral changes by Guppy and will always be available on the website and in the app before each rental begins (Specific Pricing Policy for each vehicle).

The prices, fees, and costs of the Service shall be those applicable to each effective subscription of a rental contract with a user. These prices, fees, and costs may vary depending on the circumstances of service provision and can be observed on the app display before initiating the rental contract.

Prior to the effective subscription of the Rental Contract, the Application will display the per-kilometer rate applicable to that specific contractual relationship, within the various modalities included in the Services. Guppy ensures that Users will be aware, without the need for any additional action, of all prices, costs, and fees that will be applied at any time prior to the subscription of the contract. Prices are final and include legally applicable VAT. If a User initiates a rental after viewing the prices on the screen, they are expressly accepting the prices shown to them and the other specific conditions of the given vehicle. Payment by Users will be made automatically at the end of each contractual relationship, using the payment method that Guppy deems applicable at the time.

If any of the Vehicles fails during the provision of Services due to reasons not attributable to the User, or the vehicle is not suitable for driving despite having received express confirmation from Guppy, no charge will be made to the User.

Guppy may grant compensation within the Application to any Users who suffer harm not caused by themselves or resulting from their conduct, which may consist of Guppy balance or other specific compensation, provided it is announced to Users by Guppy. Such compensations may not be transferred to another User or third party.

Payments made by a Corporate Account will be specifically negotiated with that account, under the relevant specific conditions governing the contractual relationship between Guppy and such Corporate Account. Payments for Corporate Accounts will be made via credit/debit card or SEPA (direct debit) after receiving the corresponding invoice, in accordance with individually negotiated terms.

Guppy may structure collections and payments so that Users can enjoy the Services through the system it decides at any time, at its sole discretion, through the implementation of a system of vouchers, tokens, or proprietary virtual credit, based on the User’s advance payment for subsequent use, according to the subscription of a rental contract.

By accepting these Terms and Conditions, the User expressly agrees that, in the event of an incident, Guppy may apply the corresponding surcharges as outlined in the Pricing Policy, in the cases and circumstances outlined therein.

The User expressly authorizes Guppy to collect amounts and damages, including costs and compensations that the User must pay by virtue of the legal relationships that they maintain or have maintained with Guppy, by direct charge to the specific User Profile’s linked payment card (credit or debit).

In the event of use by personnel from the Gijón City Council in the course of their duties, as well as for other contracts with different Public Administrations, the conditions set forth in the relevant administrative contract shall apply.

PREAUTHORIZATION OF CHARGE ON CARD OR DEPOSIT

Guppy reserves the right to require a deposit as a condition for the rental and use of certain vehicles, to prevent potential damages to them, as well as to safeguard against potential non-payment by a user (this means that this deposit may be used to offset any debts of the user resulting from such rental). This deposit will consist of a card preauthorization (funds hold), with a variable amount depending on the circumstances of the specific vehicle, which will be reflected in the app, at any time and prior to the rental subscription, so it will always be known to the user before using the vehicle in question. In some mobile models, it appears on the application display once the vehicle has been selected, immediately after the specific prices applied to that vehicle, requiring the sidebar to be scrolled down.

This charge preauthorization or funds hold will be maintained by Guppy for seven days, and its particular conditions are as follows:

·        Considering the 7-day duration of this preauthorization or deposit, if a user rents another vehicle requiring a deposit within that period, Guppy will verify that the user has an active preauthorization and: (i) If there are more than 5 days left until the expiration of the first preauthorization or deposit, Guppy will not issue a new preauthorization. (ii) If there are fewer than 5 days left until the expiration of the first preauthorization, Guppy reserves the right to cancel the first preauthorization and issue a new one with a new 7-day period.

·        The user will never have more than one preauthorization charge on their card for this purpose.

·        If the user has rented more than one vehicle requiring a preauthorization or deposit, only the preauthorization or deposit of the highest amount will apply.

If the user lacks sufficient funds to carry out this preauthorization charge or funds hold, they will not be able to initiate the rental with that vehicle linked to this deposit amount.

Guppy is not responsible if certain banks take longer to return the held amount after the 7-day period has expired. Guppy will provide proof of the refund, and the user must contact their bank to verify the reasons for the bank’s delay in processing the refund.

The return of the deposit does not preclude the company from making future charges or claims arising from the rental in question and which are discovered after the deposit return, in accordance with the Pricing Policy.

9.          ASSIGNMENTS AND AUTHORIZATIONS

guppy reserves the right to assign any credit right in its favor, originating from contracts signed with the User. Should guppy assign a credit, the User will only be released from the debt if the payment is made to the assignee, who will be properly identified by guppy. Notwithstanding the above, guppy will remain a party to the legal relationship with Users and must fulfill all obligations included in the Terms and Conditions. guppy will provide the necessary data to facilitate the credit assignment to the assignee without any inconvenience, and the assignee may not process this data for any other purpose.

The User expressly authorizes guppy or, in the event of a credit assignment, the assignee, to collect amounts and damages, including costs and compensation payable by the User, due to any legal relationships established or previously held with guppy, through direct charges to the payment card (credit or debit) associated with the specific User Profile.

10.       USER OBLIGATIONS AND PROHIBITED ACTIVITIES

The User must contact guppy for any questions, incidents, or inquiries related to the Services, through the following telephone number, available 24/7: +34 649 210 756.

In the event of any incident during the operation of the vehicle (accident, any type of malfunction, issue with another user, etc.), it is essential to report it to guppy via the telephone number above. Mentioning the incident in the app upon ending the rental does not exempt the User from the need to communicate the situation by telephone.

The User shall:

·        Care for the Vehicles, adhering to the manufacturer’s operating manual, as well as recommendations regarding: (i) Break-in; (ii) Tire pressure; (iii) Vehicle charge level necessary for operation; and (iv) Operating fluids. If necessary, the User must perform any required adjustments;

·        Notify guppy of any damages identified on the Vehicles through the Application and via the assistance telephone number provided in the Application and Website;

·        Inspect and ensure, in their judgment, that the Leased Vehicle is in a condition that guarantees road safety and operability;

·        Protect the Vehicles from potential theft (after the Rental has ended, windows must be fully closed, and the central locking system fully engaged);

·        Comply with all regulations concerning the operation and circulation of the Vehicles in all aspects not assumed by guppy in the Terms and Conditions;

·        Stop driving if the Vehicle shows signs of malfunction, whether indicated on the dashboard or otherwise perceptible to the User. In such cases, the User must: (i) Contact guppy immediately; (ii) Specify the signs of malfunction displayed by the Vehicle; and (iii) Send proof (photograph or video) to the email address provided by guppy;

·        Ensure, before beginning to drive, that the battery of the Vehicle has sufficient charge to: (i) Reach the intended destination; (ii) initiate a battery charging process; or (iii) be parked within the guppy Zone or at guppy Points;

·        Park and complete the Vehicle Rental with a minimum range of 50 km remaining.

The User must not, under any circumstances:

·        Drive Vehicles under the influence of alcohol, drugs, medications, or any substance that may impair their driving ability and reaction time. Specifically, the User guarantees that, while operating the Vehicles, their blood alcohol content is 0.00 mg/L in exhaled air and 0.00 g/L in blood alcohol concentration;

·        Disable any safety or electronic systems in the Vehicles or alter their physical or technological structure, unless necessary to transport children or infants in compliance with the manufacturer’s instructions in such cases;

·        Exceed the permitted speed limit in any section, according to current regulations;

·        Use the Vehicles to transport flammable, poisonous, or hazardous substances beyond typical household quantities, even if on a non-professional basis;

·        Place in the Vehicles any substances or objects that impair driving safety (such as large boards, skis, etc.) or damage the interior due to their nature, size, shape, or weight;

·        Use the Vehicles as a means or instrument for committing criminal or illegal acts;

·        Smoke or allow passengers to smoke any instrument that involves combustion, such as vaporizers or similar devices;

·        Transport animals in the Vehicles unless they are safely secured in the trunk and do not impact the vehicle’s condition (including, but not limited to, physical damage, appearance, or cleanliness);

·        Leave trash or other waste of any kind inside the Vehicles;

·        Transport more passengers than permitted by applicable regulations for the Vehicles, or operate the Vehicles without observing applicable safety measures;

·        Undertake repairs or modifications on the Vehicles without guppy’s prior, express, and written consent;

·        Transport infants or children without proper and certified systems in place as per the manufacturer’s instructions;

·        Operate Vehicles outside the boundaries of mainland Spain, unless authorized by guppy;

·        Park Vehicles outside the guppy Zone or designated guppy Points in a way that constitutes a regulatory offense or a risk to: (i) Pedestrians, (ii) General traffic; (iii) Other vehicles on road surfaces prepared for vehicle traffic; or (iv) Public safety, property, animals, or individuals in general;

·        Drive without a valid Spanish driver’s license, an expired license, or one without points remaining;

·        Falsify documentation to register with guppy (such as presenting falsified or altered identification or using another person’s ID);

·        Allow third parties to drive, whether or not they are registered with guppy, as the contract is solely with the individual user, whose account is personal and non-transferable;

·        Impersonate a third party to access a guppy account;

·        Complete the Rental in private facilities or property not affiliated with guppy.

In any event, except for specific agreements regarding Corporate Accounts, it is strictly prohibited to operate or use the Vehicles for:

1.      The commercial transport of goods or passengers;

2.      Industrial work or purposes;

3.      Any surfaces not covered by the law under Article 1 of Royal Decree 1507/2008, of September 12, which regulates mandatory civil liability insurance in motor vehicle traffic (such as ports and airports).

Any breach by the User of the obligations listed in this section of the Terms and Conditions constitutes a contract violation and will authorize guppy to impose corresponding surcharges for such violations (available in the current Pricing Policy on the website).

11.       STOPPING, PARKING AND ENDING THE RENTAL

As a general rule, users may stop, park, and end their rental anywhere within the Guppy Zone, as well as at designated Guppy Points located throughout the Service Area. However, within the zone marked on the app as the Guppy Zone, certain areas—such as sidewalks, parks, or beaches—may appear on the map but are prohibited for stopping, parking, or ending the rental per basic traffic rules. Similarly, private parking areas cannot be removed from the displayed map but are also off-limits for these purposes unless Guppy expressly communicates otherwise in advance.

It is the user’s responsibility to ensure they can stop and/or park without restrictions in limited parking areas of the city where they wish to park a Guppy vehicle. Guppy is not liable if a user stops/parks in a limited parking area that requires a ticket but fails to obtain one and receives a fine as a result.

Guppy reserves the right to impose spatial restrictions on specific vehicles in its fleet, limiting users who rent these particular vehicles to stopping, parking, and/or ending the rental only at designated Guppy Points. In such cases, the app will specify which vehicles are subject to this restriction, and it will also be noted on the vehicle and the company’s website. Users are responsible for verifying if their vehicle has spatial limitations for stopping, parking, or ending the rental, which can be easily checked in the app.

Stopping, parking, and/or ending the rental in loading/unloading zones, areas with curb restrictions, or any locations explicitly prohibiting vehicle parking (whether the restriction is temporary or permanent) is strictly prohibited.

To successfully end the Rental Agreement, the user must:

·        Park the vehicle within the Guppy Zone or at exclusive parking spots at Guppy Points (provided the vehicle does not have spatial limitations). Any violation of traffic rules or Guppy-imposed prohibitions will be the user’s responsibility.

·        If the vehicle has a spatial restriction, the user may only end the rental at designated Guppy Points or locations indicated in the app as eligible for ending the rental.

·        Not end the rental on private property or in third-party locations not affiliated with Guppy. This includes public parking lots, shopping centers, supermarkets, restaurants, universities, and similar institutions, unless Guppy has expressly permitted parking there.

·        If using the electric charging cable located in the vehicle’s trunk, it must be left in its original condition unless the rental is ending and the vehicle remains connected to a charging station.

·        End the rental with at least 50 km of driving range remaining.

In all cases, it is essential that users park the vehicle in a location where telematic connection can be established. If no connection is possible, users must move the vehicle to a location with connection to end the rental. Example: in some parking structures, vehicles can only connect on the ground or first basement levels, losing connection on deeper levels.

Once the user confirms the end of the rental, and after the vehicle’s centralized locking system is activated and the app confirms rental termination, the Rental Agreement will be successfully concluded. The user must ensure the process is completed. If the user abandons the vehicle before completion, the rental contract remains active, and any resulting charges will be the user’s responsibility.

If rental termination is technically impossible, the user must contact Guppy immediately and remain with the vehicle until Guppy provides instructions. Any extra costs due to waiting time will be credited to the user’s Guppy balance for future rentals if the user was compliant with the Terms and Conditions.

In case of accidents or incidents that make the vehicle unusable, the rental will end once the vehicle is handed over to a third party designated by Guppy for towing.

Activating the vehicle’s standby mode (vehicle parked without rental termination, triggering a special rate as per the Pricing Policy) does not constitute the end of the individual car rental contract.

REMOTE RENTAL TERMINATION BY GUPPY
Guppy may remotely terminate a user’s rental in certain situations:

·        Upon express request by the user via a phone call. The vehicle must be in the Guppy Zone or at a Guppy Point. No additional charge applies for remote rental termination upon user request. Examples:

o   The user’s phone battery has died.

o   The user is unable to terminate the rental through the app.

o   The user has lost their phone’s internet connection.

·        If there is a technical issue with the service. Guppy will review the specific circumstances to determine how to proceed.

·        In cases of payment delinquency after rentals exceeding 24 hours. Guppy will contact the user by phone and/or email, giving the user a 24-hour deadline to settle outstanding charges. After this period, if the debt is not resolved, Guppy reserves the right to terminate the rental remotely and restrict vehicle access, requiring the user to have removed personal items from the vehicle.

·        For prolonged rentals without kilometers traveled, with the vehicle remaining in standby mode. Guppy will assess the situation on a case-by-case basis, starting with contacting the user for clarification.

·        When an incident involving law enforcement prevents the user from ending the rental. Guppy will assess each case to determine the best course of action. If law enforcement is involved, applicable surcharges as per the Pricing Policy will apply. Examples:

o   After a positive breathalyzer test, the vehicle may be impounded or retrieved by Guppy’s fleet members.

o   Following an accident where the vehicle requires towing or retrieval by Guppy’s fleet members.

LOST ITEMS
If lost items are found in a Guppy vehicle following remote rental termination:

·        Guppy will first attempt to contact the customer by phone and/or email, notifying them of observed items inside the vehicle and offering them an immediate opportunity to retrieve them at no charge.

·        If the user cannot retrieve their belongings immediately, the vehicle will be immobilized for up to five hours, with a surcharge per the Pricing Policy, to allow the user to collect their items within this timeframe.

·        If the user does not respond to calls or emails or fails to retrieve their items within five hours, Guppy staff will go to the vehicle’s location, recording a video documenting the vehicle’s license plate, user details, and an inspection of the vehicle’s interior. After completing the video, a Guppy member will access the vehicle to collect any items found in places suitable for personal belongings (e.g., glove box, doors, seats, trunk).

Lost items will be stored at the logistics base within the Service Area where they were found. If the user does not collect their items within five days after contact, the items will be sent to the local police Lost and Found, with prior email notification to the user.

12.       ACCIDENTS, DAMAGES, REPAIRS; VIOLATIONS AND PENALTIES, CLAIMS; ADMISSION RIGHTS

ACCIDENTS, DAMAGES, AND REPAIRS

The User has the strict obligation to immediately inform Guppy of any accident, damage, or defect suffered by the Vehicles during circulation or detected at the beginning of the Lease.

The User must ensure that any incident during circulation involving a Vehicle is communicated and duly recorded by the competent State Security Forces and Bodies in each case. If they refuse to register the incident details:

·        The User will immediately contact Guppy by phone and explain the situation; and

·        Request instructions from Guppy on how to proceed and comply with them under all circumstances.

The User may only leave the site of the incident if:

·        The report or data registration by the State Security Forces and Bodies has been completed, and they have received express instructions from Guppy after notifying the incident;

·        The Vehicle has been handed over to a company designated by Guppy for its safe transport, in coordination with the User, or the User has retrieved it, always with Guppy’s express consent.

Regardless of the above, in the event of an incident involving any of the Vehicles, Guppy may provide a form to the User, after the incident communication, to be completed within a maximum period of seven (7) calendar days after its effective dispatch. If Guppy does not receive the written report within the specified time frame, the Vehicle’s insurance will not settle the claim. Therefore, if Guppy is required to assume and repair the damages suffered by the Vehicles due to the incident, it may charge the User the cost of the actual repair if the conduct outlined in this section is not observed.

Guppy has the right to receive any compensation paid or resulting from any incident involving a Vehicle concerning the damages suffered by it. If the User receives the monetary amount, they must immediately transfer it to Guppy without being required to do so.

At Guppy’s direct request and without prejudice to the technological systems incorporated into the Vehicles, the User must indicate the exact location of the Vehicle at any time and allow its physical inspection by Guppy employees or third parties expressly authorized by Guppy.

The insurance company may seek reimbursement from the User if they are responsible for an accident, either intentionally or through negligence, and the insurance company has paid the amount corresponding to the specific incident.

OFFENSES AND SANCTIONS, CLAIMS, USER RESPONSIBILITY

Failure to comply with any of the obligations outlined in the Terms and Conditions constitutes a breach of contract and will entitle Guppy to impose the corresponding surcharges resulting from such non-compliance (which are always available in the current Pricing Policy on the website).

The User will be responsible to Guppy for any damage caused by or to the Vehicles due to fault. This includes, but is not limited to: (i) Violations of all types of rules; (ii) Theft, damage, or loss of the Vehicles, or any of their components or accessories.

The User assumes full responsibility if the damage or loss of the Vehicles, or damages caused to third parties, result from non-compliance with the Terms and Conditions or the clauses included in the vehicle insurance policy or applicable regulations, or even if the damage is caused by a third party whom the User allows to drive the Vehicle, without Guppy’s authorization. In the event the User is responsible for the incident and there is no coverage under the vehicle insurance, the User will indemnify Guppy for the damages caused and any third-party claims for any concept that may be included in this section.

In the event of an incident caused by the User, if responsibility can be attributed to them, the indemnity obligation to Guppy extends to all indirect damages, including but not limited to expert fees, required tow truck service, lost profits proportional to the damaged Vehicle(s), increased premiums paid by Guppy to its insurance company, or any additional administrative costs.

The User will be financially responsible for all offenses, fines, and crimes committed with the Vehicles. The User will bear all costs, expressly releasing and holding Guppy harmless from any third-party claims arising from these concepts.

If the User causes an incident that damages the Vehicles outside the Service Area, they will be responsible for all costs incurred for transporting the Vehicle to Guppy’s logistics base for repair.

If the User breaches the Terms and Conditions and Guppy deems it necessary to relocate the Vehicle, or if a third party associated with Guppy hires a tow truck or roadside express/quick charging service, the User will bear the cost of the service and any additional costs, in accordance with the Terms and Conditions and the Pricing Policy.

The User will pay a specific financial penalty, not substituting any indemnity for damages or other penalties outlined in the Terms and Conditions, if they allow a third party, after entering into an Individual Driverless Lease Contract, to drive the Vehicle without Guppy’s authorization. The same applies if identity fraud occurs, where a User uses another account to access Guppy’s service without the company’s express consent.

In the event of a substantial and culpable contractual breach, including any non-payment, Guppy may disable the User from the app, unilaterally terminating all contracts they have entered into.

In the case of use by Gijón City Council staff in the exercise of their duties, as well as for other tenders with different Public Administrations, Autonomous Bodies, or any other public law entities, the conditions set forth in the relevant administrative contract will apply.

If a User disagrees with any surcharge imposed by Guppy, they must respond to the communication sent by the company or, alternatively, contact legal@guppy.es to file the corresponding claim.

13.       INSURANCE TERMS

The Vehicles are covered by mandatory civil liability insurance, which includes third-party coverage. Only a user authorized by guppy to use the services and who has signed a lease agreement can benefit from the insurance coverage.

In the event that the Vehicles are damaged while being used by the User, and the damage is caused by an incident initiated by the User, the User will be financially responsible for the repair costs. The insurance company may pursue the User if they are found to be at fault for the accident, whether intentional or negligent, and if the insurance company has covered the costs of the specific incident.

Unless stated otherwise, both the mentioned insurance and any liability limitations are subject to the Insurance Certificate and Terms and Conditions of the policy subscribed by guppy, as well as to the applicable mandatory regulations under Law 50/1980 of October 8, on Insurance Contracts, and any related regulations.

If the User violates mandatory regulations and, as a result, the insurer is exempted from paying the insurance claim, the insurance coverage described in these Terms and Conditions will not apply.

No conduct that violates traffic laws, particularly concerning alcohol or drug use, reckless driving, or speeding, will be tolerated. Since the insurance covers third-party damage, if the user demonstrates responsible driving, respects traffic rules, and considers pedestrians and other road users, this will be taken into account when assessing any damage caused to the vehicle during normal use, following the “guppy Philosophy“. However, if speeding, driving under the influence, or other traffic violations are detected, or if the User fails to report the incident and damages via phone (as specified in previous sections), the “guppy Philosophy” will not apply, and the User will be liable for the damages caused by their conduct.

14.       GUPPY’S LIABILITY

guppy will be liable for damages caused by its employees, subcontractors, representatives, or agents due to willful misconduct or gross negligence, as provided by law.

A limitation on liability applies to grossly negligent conduct and to any responsibility not covered by the previous section. This limitation is set to the amount of typical or foreseeable damages that may arise from the Service guppy offers to Users. It will apply only if guppy fails to fulfill an essential contractual obligation. If guppy commits a non-essential breach without willful misconduct or gross negligence, the User has no right to make a claim. This also applies to third parties operating under guppy’s instructions.
The above limitations of liability will not apply if mandatory regulations prevent the parties from altering the applicable forum by mutual agreement under these Terms and Conditions.

15.       USER ACCOUNT BLOCKING AND DELETION

The license to use the Application and the provision of related services may be revoked and terminated by guppy unilaterally if the User:

·        Is a consumer and fails to pay two overdue amounts, regardless of the amount;

·        Ceases to make payments generally;

·        Is a public entity or merchant acting in the course of their business activities and fails to make the payments owed (including but not limited to: Corporate Account);

·        Provides false information or omits relevant facts at the time of registration and profile creation, or as a result of an incident in which they were involved;

·        Maintains a state of contractual breach after receiving proper notice from guppy;

·        Drives under the influence of alcohol or drugs;

·        Provides personal data to third parties concerning the Application (personal identification or password), in violation of the Terms and Conditions.

If any of these conditions are met, guppy will immediately block access to the Vehicles upon receiving the appropriate notification.

If any Lease Agreement is terminated, guppy may specifically request the User to:

·        Immediately return any Vehicle the User is currently using. If the User fails to return the Vehicle following guppy’s instructions, guppy may take possession of it using the necessary and proportional means, and the User will bear all associated costs and expenses;

·        Pay the rental fee corresponding to the duration of the Lease until the Vehicle is returned and the Lease is concluded in accordance with the Terms and Conditions;

·        Compensate for any damages caused to the Vehicle in accordance with the Terms and Conditions.

If the User wishes to delete their User Profile on guppy, they must use the “Delete my account” button within the “My Profile” section in the app. For any modifications to personal data or email address, they must contact legal@guppy.es

16.       MISCELLANEOUS

Whenever the User interacts with the application and selects the “Start rental” button, they will enter into a new Lease Agreement for the specific rental and vehicle, based on these Terms and Conditions and the other Policies governing the service, all of which are always available on the website www.guppy.es.

Any relationship between the User and guppy will be governed by these Terms and Conditions and the applicable supplementary Spanish law. Specifically, but not limited to: (i) The Lease Agreement; (ii) The Pricing Policy; (iii) The Privacy Policy; and (iv) The End-User License Agreement (EULA), are subject to these Terms and Conditions and, where not specified, to the applicable supplementary Spanish common law.

When the User is not considered a consumer, the exclusive forum for resolving any conflicts that arise in relation to these Terms and Conditions or the agreements specified above will be the courts of the city of Gijón, without affecting mandatory provisions concerning the applicable forum.

The User may only assign to third parties any right derived from their contractual relationship with guppy if prior written consent is given by guppy.

The Terms and Conditions constitute the full set of provisions applicable to the legal relationship between the Users and guppy, along with applicable supplementary regulations and any additional specific conditions that may be negotiated case by case between guppy and third parties (e.g., Corporate Accounts).

If any section of the Terms and Conditions is declared invalid by a final ruling, regardless of the cause, it will not affect the validity of the remaining sections.

EULA

1.   END USER LICENSE AGREEMENT FOR GUPPY APPLICATION

This document constitutes the license agreement for all end users of the guppy® mobile application (hereinafter, “EULA“). It is a binding legal agreement between the user who downloads and installs guppy on their device, either as an individual or entity, and GUPPY MOVILIDAD SOSTENIBLE, S.L. By downloading, installing, or using guppy for Android, iOS, or any other platform for which it is available, the User agrees to be bound by the terms of the EULA. If the User does not accept the EULA, guppy suggests not checking the acceptance box and not using the application.

The User acknowledges and confirms that the installation or use of the Application implies that they have read, understood, and expressly agree to be bound by the EULA. In addition to the EULA, the User will be subject to the Terms and Conditions and any other applicable rules governing the use of the services provided by guppy.

The Application provided under this EULA is intended solely to complement the services offered by guppy. The use of the software or content from guppy, including the information integrated into it (except for backup copies), requires a specific license from guppy.

2.   DESCRIPTION

The Application can be downloaded from the internet (main marketplaces) and allows the User to access the functionalities of guppy assigned to it and the services it offers directly from Android, iOS, or any other mobile device supported by the Application. The User may download the Application regardless of whether they use the services related to guppy, but they must associate it with their guppy User Profile to benefit from all its features.

3.   LICENSE

guppy grants the User, subject to the terms of this EULA, a personal, non-exclusive, and non-transferable license to:

a.      Use the Application for purposes related to the services offered by guppy;

b.      Install the Application on a Device, unless synchronized with the same guppy user account; and

c.      Create a readable backup copy of the Application on any machine, as long as the User reproduces the Application in its original form and includes all necessary ownership notices on the backup copy.

To clarify, guppy does not intend to prohibit the installation or creation of backup copies of the Application on another Device with the User’s consent under this EULA (or after synchronizing their guppy user account).

4.   OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The authorship, intellectual property, and all other rights related to guppy or those who created the Application remain owned by them. The only license granted to the User is the one contained in the EULA.

5.   RESTRICTIONS

The User acknowledges and agrees that they will only use the Application in accordance with applicable law and the agreements they accept by using guppy®.

The User may not:

a.      Create derivative works based on the Application;

b.      Use the Application for purposes other than those contemplated in the EULA or the Terms and Conditions of guppy®;

c.      Sell, assign, authorize, disclose, distribute, publicly communicate, or transfer or make available the Application or any copy of it to third parties;

d.      Alter, transform, translate, decompile, reverse engineer, disassemble, or attempt to perform any similar actions, except to the extent permitted by applicable law; or

e.      Remove or alter any trademarks owned by guppy that identify its products or services integrated into the Application.

6.   PRIVACY AND PERSONAL DATA

To correctly install the Application and enjoy its functionalities, the User must accept guppy®’s privacy policy, which will always be available at https://www.guppy.es/politica-de-privacidad/.

7.   DISCLAIMER OF LIABILITY

guppy does not guarantee the continuous or error-free operation of the Application. The service will be provided based on availability, and guppy is not responsible for issues arising from the internet connection, maintenance, or failure to use the Application.

8.   AMENDMENTS

guppy reserves the right to modify the terms of this EULA at any time. The User will be notified of any changes before updating the Application.

9.   UTILIZATION OF THIRD-PARTY SOFTWARE

The Application may contain or be provided with open-source software. The copyright of third-party open-source software will belong to the respective copyright holders as indicated in the software.

10.              INDEMNIFICATION

By accepting the EULA, the User indemnifies guppy, its employees, and affiliated companies from any direct or indirect damages arising from the use of the Application or any material related to it.

11.              CROSS-REFERENCE TO GUPPY® SERVICE TERMS AND CONDITIONS

All clauses and definitions from the guppy® Service Terms and Conditions that are applicable to the EULA and do not contradict it shall be incorporated by reference.