CONDITIONS OF USE AND CONTRACTING TERMS

Fivent

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Welcome to Fivent’s Platform. These conditions regulate the relations between Fivent and the Users of the Platform, as well as establish the Conditions of Use and Terms of Contract. We recommend a careful reading of them since the use of our services implies their acceptance. If you do not agree, please do not use our services. Any questions will be resolved by sending an email to info@fivent.com

1. PURPOSE

   1. Identification of the service owner

      In accordance with article 10 of Law 34/2002 of July 11, on services of the information society and electronic commerce, the owner of the service is BERKSHIRE 2410, SL, with NIF B67384644 and address in Barcelona (08019) calle Ramon Llull 321, and registered in the Mercantile Registry of Barcelona Volume 46775; Folio 137; Sheet B-530507 1st Registration.

      FIVENT is the trade name under which the company Berkshire 2410, S.L. offer its services.

      Throughout this agreement, it refers to “FIVENT” or “BERKSHIRE 2410, S.L.”, indistinctly, as the owner of the service with which you are contracting.

   2. Acceptance of the terms and conditions

      This document constitutes an agreement between the service provider, Berkshire 2410 SL, and the User who subscribes. The terms and conditions of this agreement (including the Privacy Policy) make up this document, as well as any other document attached to it, notice, appendix, amendment and / or modification.

      The agreement refers as Users to those who use our services through the Fivent Platform, as well as through collaborating companies and business partners.

      The conditions of use, the privacy policy and the rest of the legal notices published make up the "Platform" that is located on our website https://www.fivent.com/ , as well as all its content both on the web and on applications for mobile devices. Throughout this text, it is referred to interchangeably as "Platform" or "Services".

      The use of the account and / or the contracting of services are subject to the privacy and security policy, which reflects how we collect, use, disclose and manage all information provided by the User.

      By accessing and using the User account or any other service offered, the User understands, accepts and agrees to abide by the terms and conditions of this agreement, as well as understands and accepts the privacy policy published by Fivent.

      If you do not agree with the content of the terms and conditions of this agreement, it is not recommended to use the Services.

      By accepting the terms and conditions of this agreement, the User is accepting that:

      • You have the legal capacity to contract, accepting that this agreement is legally binding on both parties.

      • The services provided by Fivent ONLY represent assistance for the management and administration of the personal finances, always being exempt from any responsibility in financial decisions, including investments, executed by the Users.

      • The User expressly acknowledges and accepts: (i) that Berkshire 2410, S.L. is not a registered investment advisor; (ii) that the Content and services provided by the Platform do not constitute a recommendation to buy, sell, contract or terminate financial products or services of any kind; (iii) that Berkshire 2410 SL does not assume any responsibility or obligation related to the purchase, sale, contracting, or cancellation of financial products or services by the User; and (iv) that the use of the Platform or the content by the User is at their own risk.

      Fivent cautions that before executing any investment transaction or making decisions about significant changes in your personal financial strategy, you should always consult with a professional financial advisor.

      The life and validity of this Agreement will be maintained even when any of the clauses and / or provisions of the contract is declared not in accordance with the law or is declared unenforceable.

   3. Validity and modifications of the service conditions

      These conditions have been written as of 01/01/2021 and will be effective immediately from their publication on our Platform.

      Fivent may modify these Conditions without prior notice and at any time and in accordance with current legislation, including economic conditions, whether for legal, technical, operational, economic, service or market reasons or as a consequence of the organization or needs of the service, as well as those modifications aimed at adapting these conditions to changes in our business activity, or to market variations.

      Fivent will inform you conveniently of these modifications so that you accept them and continue as a User of our Platform. If the User does not agree with the proposed modifications, you can terminate the contract without any type of penalty for this reason. To this end, the User must show, by canceling his registered account, his willingness to terminate the contract with Fivent, before the entry into force of said modifications, otherwise, once they come into force, it will be understood that you accept these modified conditions.

   4. Language of the original agreement

      This Agreement has been prepared and drawn up according to the language criteria of Spanish.

      Any translation of this document may contain errors of interpretation.

      In the event of any discrepancy, the definitions and interpretations of the originally drafted document will prevail.

2. FIVENT SERVICES

   Fivent puts at your disposal a Platform, in which you can find NON-BINDING PROPOSALS for the administration of your finances in order to improve your financial position. To this end, Fivent makes available to its Users different tools that allow them to make their own decisions based on analytically verified data such as: accounts section, reports, financial guides, articles, videos, online courses financial calculators, simulators of financial and economic events and direct communication with professionals.

   The information, financial tools and other material presented on this Platform have been prepared and provided for informational purposes only and should not be used or interpreted as an offer or a request for sale or an offer or request to buy or subscribe financial products or services, nor do they constitute any advice or recommendation with respect to such financial products or services. The information and materials presented on this Platform have been obtained or derived from sources other than Fivent. For the provision of the contracted services, Fivent does not verify the information provided, considering it reliable, so Fivent cannot guarantee that all the information is correct, current or complete.

   Berkshire 2410, S.L. will not be liable for losses that may arise from the use of the information, financial tools, and other material provided through the use of our Services.

   To this end, the application makes available to the user information, tools and financial services provided through the Fivent platform; which in no case constitute a personal recommendation to execute a particular transaction, nor does it imply that the financial tools available on the Platform are adequate or appropriate for the user.

   Fivent does not provide financial, investment, insurance, legal or tax advisory services; nor does it intervene to any effect in the contractual relations between the User and the entities with which it maintains its finances. For this purpose, a service of this nature may not be understood as provided.

   For the provision of services, the User will provide the information manually by entering the parameters (both personal and financial) requested through a form, or Fivent may be authorized to, as an authorized agent, request the different financial entities, previously referred by the User, information about the balances in bank accounts, financial transactions carried out, as well as other ownership of financial products.

   Fivent does not respond to the difficulties that may arise in accessing personal information through the authorized agent.

   The good quality of the financial evaluations is conditioned to the accuracy of the financial data provided by the User or obtained through the status as an authorized agent.

   To contract and access the Fivent service it is necessary that the User is of legal age and has full legal capacity to be bound.

   1. Uses of the service

      FINANCIAL ASSESSMENT: the User will obtain a Score of his general financial position (Financial Strength Index) calculated using the financial model created by Fivent. In addition, the User will receive a report on financial strengths and weaknesses and a detailed analysis of 11 financial dimensions, as well as recommendations for action plans aimed at strengthening their finances. For this, the User will provide Fivent with qualitative and quantitative information about their current financial status.

      FINANCIAL VISUALIZATIONS: the User will obtain the result of their consolidated financial position, information about examples of different investment portfolios, and other information Fivent considers relevant. Said result may be presented, depending on each case, in the form of graphs, figures, data tables, illustrations, detailed transactional data, as well as other financial account data.

      FINANCIAL RECOMMENDATIONS: the User will obtain an analysis of their current financial situation, as well as recommendations to improve it. For this purpose, in addition to the data entered in the User's account, financial market estimates, assumptions, statistics, among others, are used that allow the sharing of relevant financial observations to detect improvement opportunities. Additionally, the User will have access to educational material created by Fivent to expand their financial knowledge.

      FINANCIAL CONSULTATIONS: the User may choose to contract a financial consultation with an investment advisor. The personalized analysis of the User's financial situation is described as a financial consultation, which is based on the information collected from the User's account, and which allows knowing the potential risks and opportunities. Additionally, it can refer to the queries of questions that the subscriber has and to which the advisor offers an answer and/or opinion. Access to this service may result from contracting by the User to the advisory offer introduced by Fivent, associated companies, or business partners. This advisory service could be independent of the general financial advisory service.

   2. Personal data for the Fivent service

      The accuracy of the financial information provided by the User affects the quality of the services Fivent offers to him. Therefore, Users are encouraged to periodically confirm and update their personal information, including, if appropriate, independent valuations of investments and other assets, through external sources, such as an investment advisor, a real estate agent or any other financial institution.

      Fivent is exempt from responsibilities and does not guarantee the accuracy and validity of the data provided by the User or obtained directly through the different financial institutions, as authorized agent, as well as other data obtained through third party providers of research and market data used to obtain certain data and reports.

      With the contracting of the services, Fivent does not assume any responsibility for the validity, precision, elimination, non-delivery or lack of storage of the User's data, loss of data, communications or personalization settings.

   3. Portability of personal data

      By providing the permissions or required credentials, the User authorizes Fivent to access the sites in which the entities that manage the accounts and products reported by the User host said information and to obtain it on behalf of the User.

      This authorization is based on the right to the portability of personal data guaranteed to the User by Article 20 of the General Regulation 2016/679 of the European Parliament and the Council, on Data Protection, and articles 36 and 67 of Directive 2015 / 2366 of the European Parliament and of the Council, on payment services.

3. CHARACTERISTICS OF THE SERVICE

   1. Subscription of Fivent’s service

      To access our services, you must register and acquire the status of Registered User; to do this, you must fill in the online form in which you must include an email address and a password.

      The password is private, is protected by encryption and will not be shared with third parties, except with your express authorization. The User, once registered, will be able to edit the profile and update it whenever he deems it convenient, in addition to subscribing to the different Fivent services.

      The password is unique, non-transferable and confidential. As a registered User, you must make correct use of it and ensure its integrity, exonerating Fivent from any responsibility for improper use of it.

      In the event of any incident, the User will contact Fivent as soon as possible by sending an email to info@fivent.com.

      In order to use certain functionalities of our Platform, Fivent may request the User's location.

      Fivent reserves the right to modify or temporarily interrupt access to the User account or part of it, or any Service, with or without prior notice.

   2. Electronic communications

      By signing up and obtaining the status of Registered User, the User agrees to receive all notices, newsletters, information about our Services and other offers electronically. These electronic communications may be published in the registered User's account and / or sent to the email address provided.

      Fivent will take as duly notified, within 5 days of publication or dissemination, communications in electronic format, regardless of whether said communication has been read by the User.

      The consent to receive notifications in electronic format will be valid until the termination of the contractual relationship.

      It will be the responsibility of the User to provide real data that allow Fivent to adequately develop the provision of the contract service, as well as keep them updated for this purpose. Specifically for the correct communication with the User; email and other contact information provided in the initial registration of the User.

      Fivent reserves the right to terminate or change the terms and conditions by which electronic communications are provided, which will be duly notified in accordance with applicable law.

      Fivent will receive any comments, complaints, and / or suggestions from Users confidentially to the email info@fivent.com

   3. Use of the account and services

      By contracting the services of Fivent, the User accepts, understands and acknowledges that the financial results and knowledge obtained from the information provided are not guaranteed by the owner of the Platform.

      The User's financial decisions, including the purchase of real estate, indebtedness, savings and investment operations, may carry a risk of capital loss.

      The financial valuations obtained from Fivent are intended to HELP and GUIDE the User to understand and manage their finances, but before making any investment decision Fivent recommends consulting with a specialized investment advisor to analyze all the significant changes that could occur to his personal financial strategy and situation.

      Fivent WARNS that:

      • All investments made by the User are subject to various market, currency, economic, political, commercial and other risk factors that are completely unrelated to the service provided.

      • Foreign investments as well as investments in illiquid or smaller companies, present additional risks beyond the scope of Fivent’s services, due to their volatility and may result in a loss of capital.

      • International investments include risk factors such as exchange rate fluctuation, political and economic instability and inaccurate differences in financial information, in addition to the risks present in domestic investments.

      • Investments in smaller companies may carry higher risks than investments in larger, more mature companies.

      • The value of debt securities is often reduced (sometimes significantly) by increases in interest rates.

      If the User detects a malfunction of the Platform, he must send an email to info@fivent.com as quickly as possible once the deficiency in the service is detected for the purpose of Fivent being able to provide a solution as soon as possible.

4. RATES, BILLING AND FORMS OF PAYMENT

   1. Plans offered

      On the date of these Conditions, Fivent offers three types of plans. Each category has its own and differentiated content that is manifested into the services available and the cost. The available plans are as follow:

      - Basic Plan: It is the default mode and is aimed at Users who seek to calculate their Financial Strength Index, obtain a summary of their financial position, and access Fivent's financial guides. It is free and you can check its content here

      - Advanced Plan: This modality is aimed at Users who seek to expand their knowledge about the fundamentals of investing in financial assets, particularly in ETFs. This investment course is offered through a third -arty educational platform. You can check its content and price here

      - Investment course: This modality is aimed at Users who seek to make a detailed evaluation of their financial position, obtain action plans to strengthen their finances, read the list of financial instruments that Fivent has on its monitoring radar and talk periodically with a financial coach. You can check its content and price here

      Fivent reserves the right, in certain cases and for certain Users, to modify and personalize the initial rates and prices, according to the specific characteristics of the services requested. These personalized rates will be agreed with the User and will be reflected in a specific document.

      Fivent also offers the contracting of additional services, in which the User may subscribe specifically and with an additional fee to the chosen plan.

      Fivent reserves the right to modify the characteristics and duration of the service categories at any time without prior notice. Likewise, it reserves the right, at its own discretion, to modify and/or change the pricing policy of the services offered, as well as the additional services.

   2. Billing and payment method

      Subscriptions: subscription to our paid plans required a one-time payment. Fivent will manage the collection of the corresponding payments through our financial services provider Stripe.

      The billing of the plan will occur at the moment of subscribing the services. Amounts already invoiced and paid will not be refunded.

      Fivent reserves the right to cancel or suspend the User's subscription in the event of improper use of the Platform; the User waive the right to receive any compensation or reimbursement for the time remaining pending of use of the subscription.

5. RULES OF USE OF OUR PLATFORM

   Users must use our Platform in accordance with these conditions of use, good contractual faith and current legislation.

   Users must use the Platform in accordance with the purposes for which it has been created, refraining from carrying out any type of illegal activity, constituting a crime or misconduct, or that violates the rights of third parties or that violates any rule of the legal system.

   Specifically, and with a purely enumerative and non-exhaustive nature, Users undertake to:

   • Not to introduce and/or disseminate, in a fraudulent or culpable way, content, in any medium, or comments of a racist nature, that affect minors, xenophobic, or pornographic or that constitute an apology for terrorism, or that attempt or may attempt against the dignity of the human being and the rights that are inherent to him.

   • Not to introduce and/or disseminate, in a malicious or culpable manner, any type of information or content on any medium that violates fundamental rights and public freedoms recognized by the Spanish legal system and the norms of international law.

   • Not to introduce and/or make available to third parties, in a fraudulent or culpable manner, any type of information in any medium that constitutes or may be unfair or illegal advertising.

   • Not to disseminate, transmit, in a malicious or culpable manner, unsolicited or unauthorized advertising, advertising material, "spam" or "junk mail", chain messages, pyramidal structures, and in general anything that deviates from the purpose of the Platform.

   • Not to introduce or disseminate, in a malicious or culpable way, any information or content through any medium that is false, misleading, ambiguous, or inaccurate or that may be misleading.

   • Not to impersonate other Users in the use of our Platform, and to conserve the password to access it with due diligence.

   • Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the holders of the intellectual or industrial property rights thereof.

   • Not to disseminate, transmit or make available to third parties any type of information, an element that implies a violation of the secrecy of communications and the regulations on Personal Data Protection.

   The Users expressly exonerate Fivent from any responsibility for any claim, fine, penalty or sanction that may be incurred as a result of the User's breach of any of the indicated rules of use.

   Fivent reserves the right to exercise any action in defense and claim of its rights, including the right to request compensation for possible damages caused or that may be caused.

   Fivent cannot guarantee that its Platform and services are always available and that your access will not be interrupted. The Internet is not a 100% secure network and it is the Users' responsibility to keep their computers safe and in good condition for use, free of viruses by using the corresponding software.

6. DUTIES AND OBLIGATIONS OF USERS

   The User, during the subscription to the service, agrees to:

   • Maintain the confidentiality of the account login, User and password information.

   • Provide yourself, under your responsibility not to do so, with adequate antivirus and antimalware software on any device from which you use the Platform, so that the login information of the Account is not compromised by your own negligence.

   • Contact IMMEDIATELY with the owner of the Platform by email provided for this purpose: info@fivent.com, in the event of any evidence of fraud in accessing the Account.

   • Provide complete, accurate, current and updated information at all times, as well as provide correct and real personal and contact information.

7. USER CONSENT

   For the correct functioning of the services provided by Fivent, the User consents to the recording of any type of electronic or written correspondence, such as conversations through chats, and / or any or all telephone conversations or video conferences between the User and Fivent and / or any of the associated agents, related to this agreement.

   Likewise, the User accepts and understands that the recordings may be presented as evidence in any legal procedure related to this agreement.

   Fivent reserves the right to maintain an audit trail of all financial information or recommendations that we provide to you solely for regulatory and compliance purposes.

8. FIVENT GUARANTEE AND LIABILITY IN THE PROVISION OF THE FIVENT SERVICE

   The provision of Fivent services are provided according to availability and without warranty or liability for errors or omissions in the information provided by the User, or errors or omissions in the content, information or other data and documents that are referenced, linked or provided by or through the services and / or website.

   Likewise, Fivent is not liable for any type of guarantee in the commercialization of services, nor does it guarantee their fitness for a particular purpose. The Users will apply the services and information provided by Fivent at their own risk.

   Downloading content or materials related to the services or the website is done at the risk of the User, who is solely responsible for any damage to the electronic devices used to access the Platform, as well as the loss of data resulting from downloading or accessing such materials.

   Fivent does not have the status of a financial entity, or an investment services company as stipulated in the Securities Market Law, so it does not require administrative authorizations to provide its services, nor does it guarantee to comply with the requirements of the national commission of stock market, European regulatory bodies of the sector or with the laws of any other jurisdiction.

   The services provided by Fivent are ONLY an assistance for the management and administration of the personal finances, always being exempt from any responsibility in financial decisions, including investments, executed by the Users.

9. EXONERATION OF THIRD PARTY LIABILITIES

   1. Exemption from liability for the actions of external collaborators

      The external agents that participate in the Fivent Platform, such as advertisers, associates, independent professionals, as well as Users in general, are solely responsible for the information they publish on the Platform, as well as the goods (products) and services that are the object of advertisement and / or transaction.

      Fivent is not responsible for the content provided by the Users of our Platform, by way of example and not exhaustive. Fivent is not responsible for the descriptions or photos, including their accuracy or completeness; the quality, legality or safety of the contents.

   2. External links

      The Platform may contain links to other websites over which Fivent has no control and over which it does not bear any responsibility. Users are recommended to review the specific and particular legal notices of said websites and make sure they have understood and accepted them before assuming any type of contractual obligation.

      If as a User of our Platform it is detected that any of these links violate the Law, or contain any type of illegal, you must communicate as soon as possible by email addressed to info@fivent.com.

10. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

    All the contents that are displayed on the Platform and especially, functionalities, procedures, designs, texts, images, logos, icons, buttons, software, source codes, commercial names, brands, or any other signs susceptible of industrial use and / or are subject to and are protected by intellectual and industrial property rights owned by Fivent or their exploitation has been assigned to them by their legitimate owners. Said assignment also includes promotional services and will be valid as long as the User is registered on our Platform.

    The reproduction and / or commercialization of any type of content owned by Fivent is prohibited.

    Platform Users can use the Platform and the content published on it in a non-exclusive way, only for their private use, with the sole purpose of enjoying the services offered by our Platform in accordance with these conditions.

    If the User is aware of the existence of any content that is illegal, contrary to the laws or that could imply an infringement of intellectual and / or industrial property rights, he must communicate it as quickly as possible by sending an email to info@fivent.com, so that the appropriate measures can be adopted.

    Fivent is not responsible for the use that Users and third parties may make of the content of our Platform. The commercial use of the contents is not allowed, nor is it allowed to copy, store, download, distribute, publish, send, transform, decompile the contents or part of them, or make any use of means or procedures other than those put to your provision on the Platform to use the content in a way other than that authorized by Fivent.

    References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by Fivent or authorized third parties, may not be used without the corresponding authorization from their legitimate owner. Unless otherwise provided, access to the services and content of our Platform does not confer on the User any right over the brands, logos and distinctive signs included in it protected by law.

11. ADVERTISING

    Fivent reserves the right to display advertising on the Platform. This advertising may be displayed in the form of an advertising BANNER. In any case, Fivent undertakes to do it in a non-invasive way and in accordance with the design of the interface of the devices in order not to harm the experience of the Users of our Platform.

12. PRIVACY POLICY AND DATA PROTECTION

    In order to use our services and Platform, it is necessary that you read our Privacy Policy at https://fivent.com/policy and consent to the processing of your data by validating the corresponding box.

    The rights of access, rectification, deletion, opposition, limitation and portability of your data may be exercised through the same Platform or by email to info@fivent.com.

13. CANCELLATION OF SERVICES

    Once the User has subscribed to one of our plans, the agreement will remain in force as long as neither party resolves the agreement.

    To cancel the subscription, the User may terminate the contract, without prior notice, from the "Settings" section, within the User's account, through the link "Cancel subscription" and completing the required steps.

    Fivent reserves the right to terminate the contract, which will be duly notified by the usual electronic means. They following are cause for cancellation:

    • Failure to comply with the provisions of this agreement.

    • The actions of the User that show the intention to breach the provisions of this agreement.

    • The detection by Fivent of a fraudulent and ill will in the actions of the User.

    • When Fivent stops providing the service contracted by the User.

    • The expiration of the subscription contracted by the User without having renewed it for a new period.

    • Any other reason under the sole and discretionary criteria of Fivent.

14. ARBRITRATION IN THE RESOLUTION OF DISPUTES

    Fivent preferentially opts for arbitration as an alternative mechanism to the Courts in the resolution of conflicts between the contracting parties. For this reason, the User accepts the submission, with preference to any judicial action, of any conflict arising from this agreement to an arbitration procedure for the final resolution through these extrajudicial procedures.

    The Users undertake to comply with the arbitration award resulting from the procedure without delay.

    The User understands and accepts this clause, which for all purposes will be an arbitration agreement in accordance with art. 9 of Law 60/2003, of December 23, on Arbitration.

    To this end, for the solution of any conflict or litigious issue derived from this agreement or legal act, including those derived from them, as well as its validity, the parties agree to submit to the institutional arbitration of the Barcelona Arbitration Court, of the Asociación Catalana para el Arbitraje, (TAB), - whatever its future name - to whom the appointment of the arbitrator or arbitrators and the administration of the arbitration is entrusted in accordance with its Regulations in force at the beginning of the arbitration.

15. APPLICABLE LAW AND COMPETENT JURISDICTION

    These conditions must be interpreted and submitted to the Spanish legal system in general and to the Autonomous Community of Catalonia in particular, both parties submitting to the Courts and Tribunals of the city of Barcelona, ​​expressly waiving any other jurisdiction that may correspond to them.