This agreement includes the Conditions governing the use, the contracting conditions and the Privacy Policy, the Cookies Policy, and all the terms that have been communicated to you.

Anyone who creates an account at KIMGTEG ("User") agrees to be bound by the Conditions and policies in force at all times.

In the event that any of the provisions of this Agreement are declared void, the remainder of the Agreement will remain fully valid.

KIMGTEG reserves the right to modify, at any time and without prior notice, the presentation and configuration of KIMGTEG, as well as these conditions.

Conditions of Contract

Rates and Services

We charge fees for certain services. When you use a service that has a fee, you have the opportunity to review and accept the fees that will be charged to you. The rates may undergo changes, modifications and / or deletions without prior notice.

In the case of promotional rates (for example, member discounts) or new services, such changes will take effect when published on our website or when notified and will end when the indicated promotion ends.

Unless otherwise stated, all rates are quoted in euros.

Impose

The user is responsible for paying taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residence or location, you may be subject to certain taxes, these taxes will be added to the fees billed to you, if applicable.

The user must comply with his obligations under the provisions of income tax or corporation tax in his jurisdiction.

Services for Geniuses

• The Publication of Flashes

To be able to publish a FLASH you must subscribe to one of our plans.

The subscription does not guarantee in any way the sale of the FLASH.

The GENIUS authorizes KIMGTEG to show his FLASH (we call the ideas or projects you publish FLASHES) to any VISIONARY who is interested in it.

The subscription amount is entirely aimed at both the management costs of uploading your FLASH to KIMGTEG and the space on our platform to publish your FLASHES and give visibility in our market that can be national and / or international, depending on the modality you have selected.

When the GENIUS publishes a FLASH he DECLARES that the FLASH is his idea, and that he has not shared it with anyone else and has not been accessible to the public. And he understands that once sold he will not have any rights over it, and he will not be able under any circumstances to modify it, disclose it, develop it, or sell it again, unless otherwise agreed with the acquiring VISIONARY.

The GENIE is the owner and responsible for the FLASH.

KIMGTEG reserves the right to cancel, unpublish, close, and/or with draw, temporarily or permanently, at any time and without prior notice a FLASH if you believe that you have violated whole or any part of this Agreement and/or the Legal Agreement and/or Terms and Conditions of Use of KIMGTEG and/or the requirements that KIMGTEG established in its time, without any possibility of compensation for the damages caused. In the event of such a situation, you will not be entitled to receive any refund for the purchases made.

Confidentiality

Although VISIONARIES are generally obliged to keep confidentiality about the registration process, the GENIUS may request that the VISIONARY sign a confidentiality agreement before being able to access the information and documentation of your FLASH.

If you activate this option, all VISIONARIES interested in your FLASH will have to sign a confidentiality agreement.

Both the text and the clauses of the Agreement will be visible, the data of the parties will not be visible. The GENIUS will not know who the VISIONARY is, nor will the VISIONARY know who the GENIUS is until the document has been signed by both parties.

Once the confidentiality agreement is signed, the VISIONARY will already be able to access the full content of the FLASH, and they will even be able to contact you through chat that you have available from your panel.

• The Flash Auction

In the event that there are several VISIONARIES interested in one of your FLASHES, the GENIUS can arrange an auction. The opening of the auction is free for both the GENIUS and the VISIONARY.

You will need to indicate when the auction starts and when it ends, and what exit amount you set.

When the auction opens, VISIONARIES interested in your FLASH will be notified.

If a FLASH is on auction, it cannot be closed or unpublished.

If a FLASH has been auctioned, it cannot be unpublished, only closed according to the conditions indicated in this regard.

The auction will have the duration that the GENIUS determines when creating it. Once the auction is over, the VISIONARY who made the highest bid will be notified, and he will be granted a deadline to make the payment. In the event that you do not make it within the deadline, the next bidder will be informed of this situation, and the deadline you have to make the payment at the end of the amount offered. Of this amount, the VISIONARY has to pay a percentage to KIMGTEG for giving space to the auction. Once the payment of this percentage has been made to KIMGTEG, all bidders will be informed that the FLASH has been awarded and will be marked as sold, ceasing to be available to other VISIONARIES.

In this case, a percentage of the winning bid amount will be charged and marked as "Sold" (as indicated in the "FLASH Sale").

KIMGTEG reserves the right to publish the auction card on the platform page so that VISIONARIES can access this auction.

KIMGTEG does not participate in the auction in any way. The BUYER is responsible for the costs and taxes that may be incurred for creating and organizing the auction. in no case of KIMGTEG or the taxes that may arise in this regard. KIMGTEG only provides a space on this Website for the GENIUS to create and organize a FLASH Auction. KIMGTEG will also not be responsible for the suspension, closure or any other circumstances that may occur in the auction. The only one responsible for the auction of a FLASH and for this one, is the GENIUS.

KIMGTEG reserves the right to cancel, unpublish, close, and/or withdraw, temporarily or permanently, at any time and without prior notice to the auction a FLASH if you believe that you have violated whole or any part of this Agreement and/or the Legal Agreement and/or Terms and Conditions of Use of KIMGTEG and/or the requirements that KIMGTEG established in its time, without any possibility of compensation for the damages caused. In the event of such a situation, you will not be entitled to receive any refund for the purchases made.

• How to Participate in FLASH Contests

Only GENIUSES will be able to participate in the Contests organized by VISIONARIES, with a FLASH already existing in their user or create a new one for the Contest and that is not similar to an existing one in their user. If you participate in the Contest with a FLASH, it will no longer be public, which means that it cannot be reserved or sold.

GENIUSES do not have to pay any amount even for participating in the contests organized by VISIONARIES, and they will not pay either if their FLASH turns out to be a winner.

The contest organized by the VISIONARY may be canceled as long as it has not been started or no Flash has been received.

Services for Visionaries

• The Search for FLASH

Once registered as a VISIONARY, you will be able to search and filter (only in the country that is listed in your profile, international, or if so indicated on the plan purchased) you'll only be accessible to the card of the FLASH, including the title and a brief description of the FLASH, as well as the industry, category, and subcategory from FLASH, at what stage it is and the price requested by the GENIUS and any other information such as the type of FLASH.

• To Discover a FLASH

Only VISIONARIES can discover a FLASH. In order to discover a FLASH and access the rest of the information it is necessary that you have previously contracted one of our VISIONARY plans (to have access to these VISIONARY plans it is necessary that you are registered as such). The "Discovery" of a FLASH does not include and does not give the right to anything other than being able to see it.

Additionally and if the GENIUS has requested it, in order to access the FLASH you will have to sign a confidentiality agreement. In any case, access to the FLASH, has a private nature, and under no circumstances can you reveal it, use it or use it in any way or make it public without the express consent of the GENIUS. In case of non-compliance, you may incur responsibilities, and the OWNER may demand compensation for the damages caused.

• How to Book a FLASH

If as a VISIONARY you are interested in a FLASH and you do not want other VISIONARIES to access that information while you study it in order to negotiate and / or buy it, you can reserve the FLASH upon payment to the GENIUS of the amount and for the time that the GENIUS has established.

KIMGTEG will receive a percentage of the amount set by the GENIUS in order to reserve the FLASH.

Once the GENIUS and VISIONARY have marked the FLASH as reserved, and KIMGTEG has received the payment of the established percentage, the FLASH will no longer be available to the rest of the VISIONARIES and for the limited time that has been established by the GENIUS when establishing the FLASH Reservation. Once that period is over, the FLASH will be available again for the rest of the VISIONARIES, unless it is re-booked, repeating the previous process, or it has been marked as sold.

• How to Buy a FLASH

The GENIE will be the one who sets the price of the FLASH, which you can accept or negotiate with the GENIE. Once an agreement has been reached with the GENIUS, you will be able to buy the FLASH, and in order for the FLASH to no longer be available to the rest of the VISIONARIES, you must mark it as sold and pay a percentage of the sale price to KIMGTEG. Once it has been marked as sold and KIMGTEG has received the payment of the established percentage, the FLASH will no longer be available to the rest of the VISIONARIES.

• The FLASH Contests

Only VISIONARIES can create and organize a FLASH Contest. From your VISIONARY dashboard you can create FLASH Contests and publish them. You must indicate when the contest starts and when it ends. You will also need to indicate whether you deliver a prize or prizes to the winner or winners, and what they consist of. These prizes are the responsibility of the VISIONARY, in no case of KIMGTEG or the taxes that may be derived in this regard.

KIMGTEG does not participate in the FLASH Contest in any way. The VISIONARY is responsible for the costs and taxes that may be incurred for creating and organizing the Contest, in no case from KIMGTEG or the taxes that may be derived in this regard. KIMGTEG only provides a space on this Website for the VISIONARY to create and organize a FLASH Contest. KIMGTEG will also not be responsible for the suspension, closure or any other circumstance that may occur in the Contest. The only one responsible for the FLASH Contest is the VISIONARY.

During the process of creating the contest you will be informed of the amount you will have to pay to KIMGTEG for each FLASH you receive. You have the option to limit the number of FLASHES you want to receive. The amount you must pay to KIMGTEG for publishing the contest, will be determined by the price and number of flashes. If applicable, you will be informed during the Contest creation process of the amount you must pay to publish the Contest.

Once the Contest is over, KIMGTEG will notify you of the amount to be paid for the FLASHES finally received.

Until the Contest ends and you have paid the corresponding amount to KIMGTEG, you will not have access or be able to see the FLASHES.

KIMGTEG reserves the right to publish and advertise the Contests on the platform page and / or on social networks, so that the GENIUSES can access to participate in the Contest, as well as the winners of the same, as the companies / organizing bodies, that this part of Contests, will be publicly accessible without registration.

KIMGTEG reserves the right to cancel, unpublish, close, and/or withdraw, temporarily or permanently, at any time and without prior notice a Contest of FLASHES if you believe that you have violated whole or any part of this Agreement and/or the Legal Agreement and/or Terms and Conditions of Use of KIMGTEG and/or the requirements that KIMGTEG established in its time, without any possibility of compensation for the damages caused. In the event of such a situation, you will not be entitled to receive any refund for the purchases made.

Communication with other users

Communication with other users on the website must be carried out through the text chat functionality provided on the web.

You must not post your email address or any other contact information (including, among others, the Skype ID or other id strings on other platforms) in KIMGTEG, except in the field "email" in the registration form, at our request or otherwise permitted by us in KIMGTEG.

Unless you have a previous relationship with a User, you should only communicate with Users through KIMGTEG. You may not and should not attempt to communicate with other Users through any other means, including, but not limited to, email, phone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat, or Yahoo.

All operations enabled for this purpose must be carried out through the Website.

Means of payment

When you hire a payment plan within KIMGTEG you can choose between the means of payment:

The Genius for the payment of the subscription you must have a Paypal account or bank card.

The additional services contracted by the Geniuses, as well as the services contracted by the Visionaries, the GENIUS can be paid by any of the following means of payment.

1. PayPal

If you choose Paypal as the payment method, we will use this means to charge the subscription (you must accept the charge of recurring payments in your Paypal account).

Normally, payments via PayPal are completed in a few minutes.

If you pay via PayPal, you will always receive a payment confirmation. Please note that in some cases processing errors may occur on the PayPal website.

2. Card

Payment by credit card guarantees you a simple and secure form of payment.

The amount will be charged to your credit card immediately after making the subscription, you just have to worry about entering the data the first time, in successive the charge will be made automatically by the bank.

We do not store card data, so when you hire an additional service you must select a means of payment, if you choose a card again, you must enter the data again.

In this way, you only have to worry about entering the data the first time, and in the successive ones the system will do it.

3. Bizum

Bizum is the mobile payment solution, powered by Spanish banking, instant, fast, convenient, secure and universal. You will be able to make your payments in less than 25 seconds thanks to Bizum's partnership between your mobile phone and your bank account.

As an instant account-to-account payment method, it offers the maximum security guarantee in accordance with the standards regulated by the European Union and Spanish legislation. Your bank is the one who finally validates the operation.

It is enough to have a bank account (IBAN) in Spain with any of the entities that offer the service and a mobile phone number. Download the application of your bank, register the service

The process is very simple, you can make the payment in just 2 steps:

- Then select BIZUM as the payment method and click on Checkout.

- Now complete your payment request by adding your phone number and Bizum password.

You will receive a key from your bank to validate the operation.

As soon as you make the payment, the service will be activated.

4. Bank transfer

If you pay by bank transfer, you will not have the service available until we have the money in account. Depending on your bank, it may take 2 or 3 days.

Once the payment has been verified, we will activate the service.

Automatic renewal

If you purchase an auto-renewing subscription through a purchase on the platform, the subscription will be billed to your Payment Method until cancelled.

After the initial commitment period with respect to the subscription — and after any subsequent subscription period — the subscription will automatically continue for an additional period equivalent to the price you agreed to when subscribing.

KIMGTEG does not save the information of the card numbers or bank accounts, since it is done through a secure Virtual POS platform and / or Paypal.

Complaints about payments already made should be addressed to the customer service of KIMGTEG using the following contact form.

You can unconditionally withdraw your consent to automatic payments at any time in the settings of KIMGTEG. However, keep in mind that you will still be obliged to pay any outstanding amount.

Cancelling the subscription

If you wish to change or cancel the subscription, you must log in to your third-party account (or in "Settings", in KIMGTEG, if applicable) and follow the instructions to cancel the subscription.

If you cancel your subscription, you will be able to continue using that subscription until the end of the current subscription period. After the end of the current subscription period, the subscription will not be renewed.

Refund

No refunds or credits are offered for partially used subscriptions, unless the right of withdrawal is exercised within the 14-day period, as long as you have not produced or reservation, or auction, or sale of FLASHES in the case of GENIUSES, or discover, or booked or bought a FLASH, or have organized a Contest of FLASHES, in the case of VISIONARIES.

Refunds will be made in the same means of payment that was made at the time of payment.

Right of withdrawal

If you have the condition of consumer you have the right to withdraw from the contract without any justification within a period of 14 days, as long as there has been no reservation, no auction, no sale of FLASHES in the case of GENIUSES, or discover a FLASH or have organized a Contest of FLASHES in the case of VISIONARIES.

Information on the exercise of the right of withdrawal:

Withdrawal period

To exercise the right of withdrawal, you must notify the customer service through the following contact form, the decision to withdraw from the contract by an unequivocal statement.

You must attach a file to the communication in which the following information is included:

At the Service of KIMGTEG:

I hereby inform you that I withdraw from my contract of sale of the following service:

— Plan

— name of the consumer

— address of the consumer

— date

— Signature

If you use this option, we will confirm receipt of the withdrawal by SMS and / or email.

Consequences of withdrawal

If you use your right of withdrawal, we will refund all payments we have received from you, without undue delay and, in any case, within a maximum period of 14 days from the date of receipt of your notice and confirmed by KIMGTEG, indicating your decision to cancel the Agreement. The refund will be made using the payment method that was used in the initial transaction. In no case will you be charged any fee for the refund.

Applicable law and jurisdiction

The relations established between the user and KIMGTEG will be governed by the Spanish legislation that is applicable.

Whenever the regulations in force for this purpose provide for the possibility for the parties to submit to a certain jurisdiction, for any litigious issue arising from or related to this Website, we will submit to the Courts and Tribunals of Valencia, Spain.

Translation

In case of discrepancy, omission, confusion or error in the translation, the legal text in Spanish will prevail.

Updated: March 5, 2023