Legal Notice

1. Right to information

We inform you that this Web site is owned by RITMO CAPITAL, S.L. (hereinafter, “RITMO"), with Tax I.D. number: B-02851681 and corporate domicile in C/ López de Hoyos, nº7, 3º izquierda, 28006, Madrid, Spain.

Access and/or use of the website confer the condition of user, and accept, from said access and/or use, the present Legal Notice.

The user (hereinafter, the “User”) may contact RITMO at the following e-mail address: info@ritmo.com.

2. Use of the website

The User assumes responsibility for the use of the RITMO Web Site (hereinafter, the “Web Site”). The Web Site may provide access to a multitude of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the “Content”) belonging to RITMO or to third parties to which the User may have access.

The User undertakes to make appropriate use of the Contents and Services offered through the Website and, by way of example, but not limited to, not to use them for:

  • Engaging in activities that are unlawful, illegal or contrary to good faith and public order.

  • Cause damage to the physical and logical systems of the RITMO Web Site, its suppliers or third parties.

  • Introduce or disseminate computer viruses or any other physical or logical systems capable of causing the aforementioned damage.

  • Attempt to access, use and/or manipulate the data of RITMO third party providers and other users.

  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Content, unless authorised by RITMO.

  • Delete, hide or manipulate the Contents subject to intellectual or industrial property rights and other data identifying said rights of RITMO or of third parties incorporated in the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents.

RITMO warns that the materials contained in this website have been included for information purposes only, and are therefore insufficient to make decisions or assume positions in a specific case.

The User should be aware that the materials contained in this website may not reflect the latest legislative or jurisprudential status on the issues discussed. Furthermore, these materials may be modified, developed or updated without prior notice.

RITMO shall have the right to investigate and denounce any of the aforementioned conducts in accordance with the Law, as well as to collaborate with the authorities in the investigation of such actions.

RITMO may temporarily suspend, without prior notice, access to the Web Site for maintenance, repair, updating or improvement operations. Nevertheless, whenever circumstances permit, RITMO shall communicate to the User, with sufficient advance notice, the date on which the suspension of the Services is foreseen. RITMO is not responsible for the use that the Users may make of the Content included in the Web-Site.

3. Intellectual and Industrial Property

All intellectual property rights of the Content of the Web Site and its graphic design are the exclusive property of RITMO, or of a third party who has authorised the use thereof, and therefore it is RITMO who has the exclusive exercise of the rights to exploit the same. For that reason and by virtue of the provisions of the applicable legislation on Intellectual and Industrial Property Rights.

RITMO does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Web Site, the Services or the Content of the Web Site.

The reproduction and temporary storage of the contents of the Website is permitted to the extent strictly necessary for the use and viewing of the Website from a personal device.

The legitimacy of the intellectual or industrial property rights corresponding to the Content provided by the users is the exclusive responsibility of the users, and therefore the User shall hold RITMO harmless from any third party claim derived from the illicit use of Content on the Web Site.

4. Liability and Guarantees

RITMO declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of its Web Site, as well as the absence of viruses and harmful components. However, RITMO cannot be held responsible for:

  1. The continuity and availability of the Contents and Services.

  2. The absence of errors in said Contents or the correction of any defects that may occur.

  3. The absence of viruses and/or other harmful components.

  4. The damages caused by any person who violates the security systems of RITMO.

The contributions on these pages are provided for information purposes only. RITMO does not guarantee the completeness, correctness and topicality of the contents.

RITMO assumes no responsibility for the links to other web pages that are found on the Web Site and may direct the User to other web sites over which RITMO has no control, and therefore the inclusion of links to other web sites does not imply the approval of their contents by RITMO nor the existence of any type of association between RITMO and their owners. Therefore, the User accesses under his exclusive responsibility to the Content and under the conditions of use governing the same.

5. Duration and modification

This Legal Notice shall be in force indefinitely, and RITMO may make changes to the conditions specified herein, which shall enter into force from the moment of its publication.

RITMO may delete, add or change the Content and the Services it provides, as well as the manner in which they are located or presented. The conditions that are published at the time at which the User accesses the RITMO Web Site shall be understood to be in force.

Access to and/or use of the Website shall be understood as acceptance by the User of this Legal Notice and its conditions and, where applicable, any changes made to them.

6. Registration on the RITMO Platform

In order to access the Services offered by RITMO, the Client must register and register on the Platform through the creation of a RITMO Platform User Account. Registration and Enrolment in the RITMO Platform is done by filling in the registration form on the Advance Investment Platform.

When submitting an application for an Investment Advance Contract, the Client shall provide, inter alia, the following information:

  1. Identification of the Client: Company name, Representative/Manager/Administrator/Proxy that carries out the registration process, Tax Identification Number and form of incorporation.

  2. Customer contact details: Company address, contact telephone number and e-mail address;

  3. Activity Data

  4. Tax Data

  5. Other information about the Client.

This data is used to register the Client on the RITMO Platform, as well as to allow RITMO to assess the solvency and credibility of the Client.

The Client is obliged to provide truthful data in the Registration Form. In case RITMO has doubts about the truthfulness or lack of information of the Client in the Registration Form, RITMO may deny the Client the right to register on the Advance Investment Platform. Providing false information that misleads RITMO may give rise to civil or criminal liability.

Upon completion of the Client’s registration process, RITMO shall provide the Client, on a durable medium, with the General Terms and Conditions of the Investment Advance and the Special Terms and Conditions agreed between the parties. These documents shall be visible in the User Account on the RITMO Platform during the term of the Investment Advance (in the form of files that can be saved on the Client’s computer). The documents referred to in the preceding sentence shall be sent in the form of PDF files to the email address of the Borrower provided in the Registration Form.

From the moment of registration, the Client will be able to access its User Account on the RITMO Platform using the e-mail address and password designated during registration.

The Client is obliged to immediately inform the Lender of any change in the scope of the data provided in the Registration Form that affects the implementation of the Investment Advance Agreement.

7. Use of the Customer Account

The Client assumes full responsibility for its use of the Platform. In this regard, the Client shall be solely responsible for the dispositions and investments that may be carried out through the Platform, holding RITMO harmless from any liability arising from the use of the Client Account.

The Platform may provide access to a large amount of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the “Content”) in the possession of RITMO or third parties. In this regard, the Client undertakes to make appropriate use of the Content and services provided through the Platform.

Without limitation, the Client and its personnel agree not to use such Content or services to: (i) make unauthorised or fraudulent use of the Platform; (ii) access or attempt to access restricted resources of the Platform; (iii) use the Platform for purposes that are illicit, illegal and/or contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or impede the normal use or enjoyment of the Platform; (iv) cause damage to the Platform or to third party systems; (v) introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the systems of RITMO or of third parties; (vi) attempt to access, use and/or manipulate the data of RITMO, of other Clients or of third parties; (vii) reproduce, copy, distribute, transform or modify the contents, allowing access to third parties by means of any form of public communication, unless he has the authorisation of the owner of the corresponding rights or it is legally permitted; (viii) obtain or attempt to obtain the contents by means or procedures other than those which, where applicable, have been made available for such purpose; (ix) attempt to access and/or use the e-mail accounts of other Clients and/or modify or manipulate their messages; nor (x) transmit its user name and password to unauthorised third parties, undertaking to immediately inform RITMO of the access of an unauthorised user.

In addition, the customer undertakes to keep the information in his account accurate, complete and up to date.

RITMO reserves the right to terminate the registration of those Clients who are misusing their account, carrying out fraudulent acts or who are damaging or may damage RITMO or third parties. In the event that RITMO detects any anomaly or there are reasonable grounds that a user is carrying out any of the aforementioned acts that contravene good faith and these General Conditions or the Particular Conditions, RITMO reserves the right to terminate the Client’s account, and may also exercise all the legal actions that may be applicable.

Likewise, RITMO may temporarily suspend, without prior notice, accessibility to the Platform for maintenance, repair, updating or improvement operations. Nevertheless, whenever circumstances permit, RITMO shall communicate to the Client, with sufficient advance notice, the date on which the suspension of the services is foreseen.

8. Advance Payment Application Procedure

Through the RITMO Platform and once the Registration procedure has been completed, the Client will be able to apply for the Investment Advance offered by RITMO.

At the time of making an Application for an Investment Advance, the Client is obliged to provide an Offer of Basic Conditions for an Investment Advance, including the amount of the Investment Advance, the Advance Modality and the Term in accordance with the offer available on the RITMO Platform.

The Application for an Investment Advance entails the Client’s full adherence, without reservation, to these General Conditions and, with regard to the Special Conditions of the Advance; those agreed between the Parties shall apply.

The granting of the Investment Advance is contingent upon the Pre-approval and positive Approval of the Client’s Investment Advance Request, depending ultimately on the sole decision of RITMO.

The Pre-Approval Process shall be conducted within twenty-four (24) hours of the Customer’s Investment Advance Request.

Through the Pre-Approval Process, RITMO will verify in particular the accuracy and completeness of the data and documentation contained in the Advance Application for the conclusion of the Advance Investment Contract in order to proceed with the consideration of the Advance Investment Application and Offer.

RITMO will communicate by e-mail and within 24 hours following the Investment Advance Request, the result of the Pre-approval Process. If the Pre-Approval of the Application is positive, the Investment Advance Approval and Grant Process will be initiated, in which the Parties will independently sign the General and Particular Conditions of the Investment Advance Contract.

The Investment Advance Contract shall be formalised remotely through the RITMO Platform, registering the offer and the Client’s acceptance. The Investment Advance shall be deemed to be formalised at the time of registration of the joint acceptance of the General Terms and Conditions and the Specific Terms and Conditions by the Parties, once the Client has passed the Loan Pre-Approval and Approval process.

An Investment Advance Request that does not comply with the requirements set out in the Investment Advance Request Process of the RITMO Platform will be rejected.

9. Approval of the investment advance

RITMO shall not be obliged to make payment of the amount indicated in the Particular Conditions as the nominal amount of the Loan, until it has received from the Client all the required documentation, and this coincides with the information provided at the time of the Application for the Advance on Investment.

If the Pre-Approval process is favourable within twenty-four (24) hours of the Client’s Investment Advance Request, RITMO will communicate by e-mail the commencement of the Investment Advance Approval Process.

The Investment Advance Request Approval Process will be conducted within seven (7) calendar days of communication.

Through the Approval Process, RITMO will carry out an economic and commercial study of the Investment Advance Request based on the information and documentation provided by the Client and in relation to the projected business model. The Client undertakes to provide RITMO with any documentation that RITMO considers relevant to the Approval Process.

RITMO will communicate by e-mail within the following seven (7) calendar days the result of the Advance Application Approval Process. In the event of a positive result of the Approval of the Application, the Investment Advance Loan will be granted.

10. Solvency assessment

RITMO reserves the right to request from the Client any documentation it deems appropriate in order to proceed with the Solvency Assessment of the business project that the Client wishes to finance through the Investment Advance. RITMO also reserves the right to consult and examine any public data, lists and registers relating to the Client, as well as the current economic and debt status of the Client with other financiers and/or entities on the basis of the information contained in the databases of these third parties.

Through the Solvency Assessment procedure, RITMO will analyse and assess the Investment Advance Request and, if favourable, will make an Investment Advance Offer to the Client.

11. Offer and Granting of the Investment Advance

RITMO shall inform the Client of the granting or denial of the Investment Advance by electronic mail (e-mail) to the e-mail address designated by the Client in the Advance Application.

Upon acceptance of the Advance Application, RITMO shall provide the Client with the General and Specific Conditions of the Investment Advance, the confirmation of the Advance and other applicable information forms free of charge. This documentation shall be accessible and visible from the Client Account. RITMO shall send to the Client’s e-mail address indicated in the Registration Form the documents indicated herein, in the form of PDF files that allow them to be saved on the Client’s computer.

RITMO reserves the right not to grant the Investment Advance to the Client if there is another Advance Request in progress, if the deadline for payment of a previous Investment Advance has not yet expired or if, once it has expired, this payment has not been made by the Client.

The subscription and repayment of a previous Loan does not guarantee the acceptance of a future Investment Advance Request.

The duration of the Investment Advance shall be a minimum of 1 month and a maximum of 9 months. The conditions and specifications of the duration, terms and termination of the Investment Advance shall be set out in the Special Conditions.

The Investment Advance shall be granted and repaid in Euros.

In the event that RITMO rejects the Advance Investment Request, RITMO shall not be obliged to inform the Client of the reasons for the rejection of the Advance Investment Request and in no event shall the Advance Investment be deemed to have been made.

12. Obligations of the Client in the Use of the RITMO Platform

Upon subscription of Investment Advances and as long as this Investment Advance has not been fully repaid, the Client undertakes to:

  1. Notify RITMO in writing of the existence of any situation which, being included in any of the hypotheses listed in this Clause, could, according to the terms of the same, be considered as a cause of deterioration of the Client’s solvency.

  2. Without prejudice to the universal patrimonial responsibility established in article 1.911 of the Spanish Civil Code, the Client, for the fulfilment of the obligations contracted by this Investment Advance Contract, is liable with all his present and future assets, especially with the assets owned by him.

  3. In the event that there are several Clients, they are jointly and severally obliged to each other, expressly waiving the right to the benefits of exclusion or order and division, and any other benefit that may correspond to them in the future, in accordance with articles 439 et seq. of the Spanish Commercial Code and 1,144, 1,822 and 1,837 of the Spanish Civil Code, as long as the Investment Advance Contract remains in force and the Loan is not cancelled.

  4. That no consent, authorisation, processing or approval is required in connection with the granting, validity and enforceability of the Investment Advance that has not been obtained prior to its formalisation.

  5. At the date of subscription of the Investment Advance, no event has occurred that could constitute grounds for declaring the Early Maturity of this Investment Advance, or of any other Loan or credit contract that the Client may have entered into with third parties. The Client shall maintain insured during the life of this Agreement, the assets and facilities owned by it, as well as all those assets and facilities related to the service, in the manner that is customary in companies in the same sector, by taking out the corresponding insurance policies (fire or any other loss or catastrophe), with an insurance company of full solvency, and to provide RITMO, at its request, with a copy of the aforementioned policies, under customary market conditions. It also undertakes to keep up to date with the payment of the insurance premiums and to comply with the other obligations imposed by the policies.

  6. The Client shall send to RITMO, within a period of fifteen (15) days, all information relating to and/or required regarding its business activity that is reasonably requested by RITMO.

  7. It shall not participate in mergers, acquisitions, takeovers, consolidations, corporate restructurings outside the Client’s usual sector of activity without the prior authorisation of RITMO. The foregoing solemn declarations and obligations shall be understood to be implicitly reiterated and renewed on each Interest Settlement Date.

13. Communications and Notifications

All communications for the purposes of notifications, summons and formalities (except for the change of address, which shall be made by registered letter with acknowledgement of receipt) that the parties must make to each other, except when the Particular Conditions specifically provide otherwise, shall be made by electronic mail and/or ordinary mail to the addresses that the Client has designated during the process of Registration and Registration in the Platform. The choice of the means of communication to be used in each case (in the absence of express indication by the Client, shall be the responsibility of RITMO, which shall adapt its choice to the type of communication in question. In the event of urgency, any means that allows a written record of the same shall also be valid.

14. Processing of Personal Data

As a complement to RITMO’s Privacy Policy, the Client is informed that, in the Subscription of Investment Advances, data will be processed for the purpose of allowing the development, fulfilment and control of the contractual relationship, the basis of the processing being the fulfilment of the contractual relationship and the data being retained for as long as the contractual relationship subsists and, even afterwards, until the eventual liabilities deriving therefrom expire.

The Parties' data may be communicated to the Public Administrations, for the purposes of complying with their respective legal obligations in accordance with the regulations in force. Parties may request access to personal data, rectification, erasure, portability and restriction of processing, as well as object to the processing of personal data, through the following channels:

  • For RITMO, via the following e-mail address info@ritmo.com with a copy of your national identity document.

  • For the Client, through the e-mail address provided by the Client to RITMO.

With respect to the personal data of the employees of the Client to which RITMO may have access in connection with the provision of the services that are the object of this contract, under the terms of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, or RGPD). RITMO undertakes to process the personal data that may be provided to it, solely for the purposes described in this contract, and in accordance with the instructions of the Client.

The personal data provided by the Client to RITMO may not be communicated or disclosed to third parties, unless such communication is made in favour of persons who contribute to the fulfilment of this contract. Likewise, the Client guarantees that the said data have been collected in accordance with the regulations in force regarding privacy and commercial communications by electronic means.

Without limiting any other obligations of confidentiality established in this agreement, RITMO undertakes to maintain during the term of this agreement, and after its termination, the confidentiality of the personal data to which it has access by reason of this agreement. For this purpose, access to the data shall only be permitted to those employees who have a need to know the data for the performance of the contracted tasks and provided that such employees are subject to the same obligations of confidentiality and protection of personal data as are established herein. Thus, it shall communicate and enforce the obligations set forth herein to its employees.

Each party warrants and undertakes to indemnify and hold the other party harmless from any claims and demands based on breach of the obligations set out in this agreement.

The Client shall determine the use and purpose of the personal data, and RITMO shall be responsible for the processing thereof. In this regard, RITMO undertakes to: (i) Adopt the necessary technical and organisational measures established in the applicable regulations, as well as any other implementing rules that prevent the alteration, loss, unauthorised processing or access, taking into account the state of the technology, the nature of the data being processed and the risks to which they are exposed; (ii) Delete or return, once the provision of the services has been terminated and at the choice of the party responsible for the file, any personal data to which it may have had access by virtue of this Agreement. Furthermore, RITMO undertakes to delete the existing copies unless the retention of the personal data is required by virtue of the regulations in force regarding the protection of personal data; (iii) Make available to the Client all the necessary information at its disposal to demonstrate compliance with its obligations; (iv) Support the Client in carrying out impact assessments, as well as prior consultations with the competent supervisory authority, where appropriate; (v) Notify the Client without undue delay of any possible breaches of the security of personal data of which it becomes aware as a result of the provision of the services covered by this Agreement.

Given that, in accordance with the provisions of this contract, RITMO may subcontract with third parties the provision of services necessary for the performance of its contractual duties, to the extent that such subcontracting involves access by the subcontracted third party to personal data in respect of which the Client is legally considered to be the “RESPONSIBLE PARTY”, the Client expressly authorises and empowers RITMO for the sole and exclusive purposes that, in its name, it may sign with the relevant subcontracted third party the mandatory written contract, the Client expressly authorises and empowers RITMO for the sole and exclusive purposes that, in its name, it may sign with the subcontracted third party in question the mandatory written contract on the basis of which the provisions of the applicable regulations on data protection and privacy are complied with.

Further information on data protection can be found in the RITMO Privacy Policy.