Terms and Conditions – RatingIt

1. Acceptance and Consent

By accessing, browsing, or interacting in any way with the Platform or other channels made available by RATINGIT, S.L., the User acknowledges having read, understood, and accepted the following terms and conditions of use (hereinafter, the “Agreement”), as well as any other terms expressly included herein or by reference.

2. Definitions

2.1. “Agreement” refers to these Terms of Use governing the relationship between the User and the Platform, as well as other texts and/or policies of RATINGIT that are referenced or linked in these Terms of Use or any other texts shared on the Platform.

2.2. “Consumer(s)” refers to RATINGIT Users who are not acting within their professional activities; consumer and user regulations apply mandatorily, and this Agreement cannot limit their non-waivable rights.

2.3. “Content” refers to any information, material, or data, in any format, that is published, shared, or transmitted by Users through the Platform. This includes, without limitation, reviews, ratings, comments, product images, and any other contribution made by Users.

2.4. “RATINGIT” refers to RATINGIT, S.L., owner of the Platform as a provider of information society services.

2.5. “Monthly Points” refers to the virtual units assigned by the Platform to Registered Users according to their level of participation during a calendar month, in accordance with the criteria established by RATINGIT.

2.6. “Monthly Ranking” refers to the ordered classification of the 100 Registered Users with the highest number of Monthly Points accumulated within each Region.

2.7. “Region” refers to the geographic unit determined by RATINGIT for classification, prize delivery, and other functionalities of the Platform, the boundaries of which may be modified at RATINGIT’s discretion.

2.8. “Short Reviews” refers to opinions or ratings written by Registered Users about a product, with a length equal to or less than 200 characters.

2.9. “Long Reviews” refers to opinions or ratings written by Registered Users about a product, with a length equal to or greater than 200 characters.

2.10. “Service(s)” refers to the functionalities and utilities that RATINGIT makes available to Users, as an intermediary service provider, through the Platform.

2.11. “Prize” refers to the monthly award granted by RATINGIT to the User who finishes first in the Monthly Ranking of their Region.

2.12. “Paid Subscription” shall refer to the contractual modality that allows access to additional features in exchange for payment of a periodic fee.

2.13. “Confidential Information” shall refer to: (i) all Personal Data processed under this Agreement; (ii) all information provided by Users and by RATINGIT through the Platform; and (iii) any other information that should reasonably be considered confidential, taking into account the nature of the information and the circumstances of disclosure.

2.14. “Platform” means the App, the website accessible through the following link https://ratingit.app and/or any other type of software developed, operated, and/or maintained by RATINGIT.

2.15. “User(s)” refers to any person who accesses, browses, uses, and/or carries out any transaction or purchase through the Platform.

2.16. “Registered User(s)” refers to Users who have completed the registration process and can access extended functionalities.

2.17. “Unregistered User(s)” refers to those Users who access the Platform without having completed a registration process.

3. Identification of the Service Provider

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, it is hereby informed that the reviews platform (hereinafter, the “Platform”) is owned by:

RatingIt, S.L.
Tax ID (N.I.F.): B22572440
Registered Office: C/ Cirilo Amorós, nº 6, entlo. 1ª, 46004. Valencia, Spain.
Email: legal@ratingit.app

4. Purpose and Scope

4.1. The purpose of this Agreement is to set out the general terms and conditions that will govern the use of the Platform, which acts as an intermediary.

4.2. Use of the Platform implies full and unreserved acceptance of these Terms and Conditions.

4.3. Under the Agreement, RATINGIT will grant the User a non-exclusive, non-transferable, revocable, and time-limited license subject to the terms and conditions of this Agreement for the use of its Platform. Unless otherwise established in another express agreement, the Agreement contains all binding terms between the Parties and prevails over any prior contract in relation to its subject matter.

4.4. RATINGIT reserves the right to modify this Agreement, as well as the Services offered, at any time. If the User does not agree with the new terms, they may close their account and/or stop using the Services.

4.5. To the extent that the User acts in their capacity as a Consumer and User, the regulations in that area shall apply, including Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

5. Use of the Platform and Features

5.1. To access and use all features, the User must create an account by registering directly on the Platform.

5.2. The features accessible to Unregistered Users are limited to product searches via barcode scanner or manual search, and viewing of their reviews and opinions.

5.3. In addition to the features mentioned for Unregistered Users, Registered Users may upload new products, post their own reviews and opinions, “like” other Users’ reviews, and accumulate points and participate in prize giveaways and rankings.

5.4. The User must necessarily be a natural person of legal age, and the creation of bot accounts or automated methods is prohibited.

5.5. The User warrants that all information provided for registration and use of the Services is truthful, and undertakes to keep it up to date at all times.

7. Economic Conditions

Access to and use of the Platform will be free of charge for Users. The User may use all available features at no cost, unless expressly indicated otherwise in specific services or if this Agreement is subsequently modified.

8. Intermediary Platform

The Platform acts as an intermediary and does not guarantee in any case the accuracy, truthfulness, reliability, or usefulness of reviews, opinions, or other content generated by Users. Each User is responsible for their publications, in accordance with the provisions of Article 16 of the LSSI.

9. User Content

Users are solely responsible for the content, opinions, reviews, ratings, images, videos, or other materials they post on the Platform. RATINGIT is not responsible for the accuracy, quality, or legality of such Content.

9.1. Prohibitions

Users may not post Content that:

1. Is unlawful, defamatory, insulting, violent, discriminatory, or contrary to human dignity.
2. Infringes intellectual, industrial, image, honor, data protection, or any other third-party rights.
3. Includes covert advertising, spam, unauthorized commercial promotions, or fraudulent links.
4. May mislead or deceive regarding the characteristics of a product or service.
5. Violates the rules of use set out in these Terms and Conditions.

9.2. License of Use

The User grants RATINGIT a non-exclusive, irrevocable, free, transferable, worldwide license for the maximum term permitted by law to reproduce, distribute, publicly communicate, and make available the Content shared on the Platform for the purpose of ensuring the operation, promotion, and improvement of the Platform.

9.3. Retention of Content after User Account Deletion

1. In the event of account deletion or cancellation, the User’s personal data will be deleted or anonymized in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Law 3/2018 (LOPDGDD).
2. However, reviews, ratings, opinions, and other Content previously published on the Platform may continue to be displayed, in anonymized form and without identifying the User, solely to ensure the operation of the Platform and maintain the coherence, usefulness, and integrity of the information available to other Users.
3. In no case will personal information remain visible that allows the User to be identified once they have unsubscribed.

10. Content Moderation

10.1. No General Obligation to Monitor

In accordance with Article 17 of the LSSI, the Platform, in its capacity as an intermediary service provider, does not assume a general obligation to pre-screen content, reviews, opinions, or products uploaded by Users, nor to actively search for facts or circumstances that may reveal unlawful activities.

10.2. Control and Takedown Powers

10.2.1. Notwithstanding the above, the Platform reserves the right to monitor, review, block, or remove at any time and without prior notice

1. Reviews and opinions published by Users.
2. Products added to the Platform’s database.

10.2.2. Such power may be exercised when there is a report by another User through the enabled notification mechanisms; or when, even without a report, the Platform reasonably detects that the content, review or opinion, or the product, may be unlawful, contrary to these Terms and Conditions, infringe third-party rights, or negatively affect the operation of the Platform and coexistence among Users, as well as be contrary to the law.

10.3. Specific Grounds for Product Removal

10.3.1. Products may be removed or blocked in the following cases:

1. Inclusion of fake, non-existent products, or products that do not reflect market reality.
2. Unnecessary duplication of products already existing on the Platform.
3. Unauthorized use of trademarks, logos, packaging, or other elements protected by intellectual or industrial property rights.
4. Products with misleading, incorrect, or incomplete information about their nature, composition, or characteristics.
5. Products that may be offensive, discriminatory, violent, or contrary to human dignity.
6. Inclusion of products that may induce fraud, spam, or manipulation of the review system.
7. In general, any product that may violate applicable law or third-party rights.

10.4. Specific Grounds for Removal of Reviews and Opinions

10.4.1. Likewise, reviews and opinions may be removed or blocked in the following cases:

1. Offensive, discriminatory, violent, defamatory, hateful, harassing, or sexually explicit content, inappropriate content, or political opinions.
2. Reviews that constitute spam, unauthorized advertising, fraud, or bot-generated content.
3. False or manipulated opinions, including those issued without having tried the product or with the intention of altering overall ratings.
4. Duplication of reviews or ratings manipulated by the same User, or identified as generated by artificial intelligence without notice or control.
5. Publication of information that infringes third-party intellectual or industrial property rights.
6. In general, any review that may be considered contrary to applicable legislation or to this Agreement.

10.5. Additional Measures Regarding User Accounts

If a User repeatedly or particularly seriously posts products, reviews, or opinions that are contrary to applicable law or to this Agreement, the Platform may adopt, in addition to removing the content, the following measures:

1. Temporary or indefinite blocking of the responsible User’s account.
2. Permanent deletion of the account and all public information associated with that User on the Platform.

10.6. Effects and Right to Object

The removal or blocking of a product, review, or opinion, as well as the blocking or deletion of a User’s account, will not give rise to any compensation for the affected party. However, they may submit arguments through the channels enabled on the Platform, which will be assessed diligently and with reasons within a reasonable period.

11. Warranties

11.1. RATINGIT undertakes to use its best efforts to ensure continuous access and proper operation of the Platform, as well as to apply reasonable technical and organizational security measures to protect it against unauthorized access, interruptions, or failures.

11.2. Notwithstanding the foregoing, RATINGIT cannot guarantee that the Platform will operate without interruptions, delays, errors, or availability failures arising from technical circumstances beyond its control (e.g., network outages, system maintenance, incidents with telecommunications service providers, force majeure, or similar).

11.3. Unless expressly stated otherwise, the use of the Platform is offered without additional commercial warranties regarding its functionalities, beyond those provided for in applicable consumer and user regulations.

12. Right of Withdrawal

12.1. Users who qualify as Consumers may withdraw from the contract upon prior request to RATINGIT’s Customer Service within 14 calendar days from the contracting of the Services.

12.2. In exercising this right, they must provide the following information: full name, email address, contact phone number, and the Services from which they wish to withdraw.

12.3. To exercise the right, the User must, within the stated period, contact the Platform through any of the channels enabled for that purpose. The User will receive a response to their request at the address they provided.

13. Rules for Using the Platform and the Services

By using the Platform, the User undertakes to:

1. Use the Platform diligently, correctly, and lawfully, always in accordance with this Agreement, current legislation, morality, and good customs, as well as public order.
2. Not use the Services and the Platform with the intention of copying the latter, its elements, or published content.
3. Not circumvent, disable, or otherwise interfere with security-related functions of the Platform or functions that (i) prevent or restrict the use or copying of any element appearing on it; or (ii) apply any limitation to the use of the Platform or access to the Services.
4. Not frame the Platform, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Not damage, disable, overload, or hinder the operation of the Platform (or the network or networks connected to the Platform), or interfere with its use and enjoyment.
6. Not use any type of robots, spiders, scrapers, or any other automated or manual means that enable the extraction of information from the Platform.
7. Not copy, translate, perform reverse engineering, derive the source code, modify, disassemble, decompile, or create derivative works of the Platform or any part thereof, nor allow or authorize third parties to perform such activities;
8. Not create multiple accounts.
9. Not access or attempt to access any other Users’ account, make false statements, impersonate another, or falsify your identity.
10. Not transmit to unauthorized third parties your user ID and password, and to immediately notify RATINGIT of access by unauthorized Users to the Services.
11. Not sell or transfer your User account.

14. Intellectual and Industrial Property Rights

14.1. RATINGIT grants the User a non-exclusive, non-transferable, revocable, and time- and territory-limited license for the use and access to the Platform for the purposes for which it has been designed and made available to the User and, where applicable, according to the subscription contracted by the User; in accordance with the Agreement.

14.2. The license will remain in force for as long as the contractual relationship between RATINGIT and the User lasts, including the term of the User’s contracted subscription, and is limited to private, non-commercial use of the Services, unless otherwise agreed between RATINGIT and the User.

14.3. All moral and economic rights related to the Platform and derivatives are owned by RATINGIT, and acceptance of this Agreement does not entail any assignment thereof. Likewise, all Content shared on the Platform will be owned by RATINGIT.

14.4. The license to use the Platform is limited to private use by the User, and it is not (by way of example and not limitation) possible to run it, sublicense it, or assign it to third parties for other for-profit or non-profit purposes.

14.5. Breach of this general condition, in whole or in part, may entail, in any case, revocation of the License by RATINGIT, without prejudice to any other actions available to RATINGIT.

14.6. If a User detects the presence of unlawful or illegal content, contrary to the law, that represents a security breach, or that may constitute an infringement of intellectual, industrial, or any other rights, they must notify RATINGIT immediately through the channels enabled for that purpose. This notification will allow, insofar as possible, the adoption of necessary corrective measures as soon as possible.

15. Liability

15.1. The Platform acts as an intermediary provider of information society services, in accordance with Articles 16 and 17 of the LSSI. In this regard, the Platform will not be responsible for information, reviews, opinions, products, or content introduced by Users, except in cases where it has actual knowledge of their unlawfulness and does not act with due diligence to remove or disable access to them; nor does it guarantee the accuracy, truthfulness, or reliability of reviews or opinions published by Users, or that products included by them correspond to those actually marketed on the market.

15.2. The Platform will not be responsible for damages arising from:

1. Technical failures, service interruptions, viruses, interference, or disconnections.
2. Improper, unlawful, or fraudulent use of the Platform by Users.
3. Errors in information provided by third parties or by the Users themselves.

15.3. RATINGIT reserves the right to suspend use of the Platform and/or access to it at any time for operational or security reasons, in case of breach of the Agreement, due to application of applicable regulations, or at the request of a public authority. To the extent possible, RATINGIT will inform the User in advance.

15.4. RATINGIT will not be responsible for deficiencies or unavailability due to force majeure, acts of God, technical reasons, or causes attributable to third parties or to Users.

15.5. RATINGIT assumes no liability for misuse of the User’s access credentials, unless their loss, theft, or misplacement had been previously communicated, in which case the User must immediately change them.

16. Term and Termination of the Agreement

16.1. This Agreement will enter into force automatically from the User’s first use of the Platform, and these Terms and Conditions will be deemed accepted from that moment, and will have an indefinite term, remaining in force while the User keeps their account active on the Platform.

16.2. The User may terminate the Agreement at any time by cancelling their account through the mechanisms enabled on the Platform.

16.3. The Platform may terminate the Agreement and cancel the User’s account, immediately, in the following cases:

1. Breach of this Agreement.
2. Unlawful, fraudulent, or abusive use of the Platform.
3. Repeated publication of products, reviews, or opinions contrary to applicable law or to the Agreement.
4. When required by a competent authority or by applicable legislation.

16.4. In the case of a paid subscription, the duration will be that established at the time of contracting and will renew automatically for successive periods of equal duration, unless the User revokes it before the expiration date through the channels enabled on the Platform. If renewal does not occur, on the expiration date the User’s account will remain active in the free modality, with the corresponding usage limitations.

16.5. Termination of the Agreement will entail immediate deactivation of the User’s account and the deletion or blocking of access to their content, without prejudice to the Platform being able to retain the necessary personal data for the legally established period to address potential liabilities arising from the use of the service, in accordance with the Privacy Policy.

17. Data Protection

17.1. RATINGIT processes the personal data of its Users in accordance with the applicable data protection regulations, including the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679); Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights; EU Directive 2002/58/EC on privacy and electronic communications; and any applicable national law or regulation.

17.2. Detailed information on the processing of Users’ personal data is set out in the Privacy Policy.

18. Other General Provisions

18.1. Modification. RATINGIT reserves the right to unilaterally modify or replace this Agreement, ensuring that it will notify the User. If the User does not agree with the modifications, they must stop using the Platform, since its use is conditioned upon acceptance of the Agreement, and use will imply acceptance of the modifications.

18.2. In addition, RATINGIT may include new Services or features in the future, which will be subject to the terms and conditions specified in this Agreement or in their specific terms.

18.3. Assignment. RATINGIT may transfer, assign, and delegate, in whole or in part, its rights and obligations under this Agreement. The User may not assign their rights and obligations or transfer or sublicense their rights hereunder to any third party.

18.4. Waiver. The fact that RATINGIT does not exercise or enforce a right or provision of this Agreement will not constitute a waiver of such right or provision.

18.5. Severability. If one or more provisions of this Agreement are declared totally or partially null or ineffective by a competent authority, such nullity or ineffectiveness will affect exclusively that specific provision or the part thereof that is affected. The rest of the conditions contained in this document will remain valid and fully applicable.

18.6. Language. If the Agreement has been translated into one or more languages, the Spanish version will prevail over the others in case of dispute.

19. Governing Law and Jurisdiction

19.1. Any dispute arising under the Agreement will be governed by Spanish law, unless, in accordance with consumer regulations, another mandatory rule applies.

19.2. To resolve disputes and complaints, Users may contact RATINGIT via its email address.

19.3. Notwithstanding the foregoing, Users may bring actions, at their choice, before the Courts at RATINGIT’s registered office or before the Courts of their domicile; without prejudice to other mandatory consumer jurisdiction rules that may apply.

19.4. In the event of a dispute, Consumer Users residing in the European Union may also turn to the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt to resolve extrajudicially any dispute arising from the provision of Services by RATINGIT, pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution in consumer matters. To access the “Online Dispute Resolution Platform,” use the following link: https://consumer-redress.ec.europa.eu/