Terms and Conditions
The owner of the Shasta.me website and the “Shasta” application is SHASTA TECHNOLOGIES, SL., a Spanish company with registered office at Rambla Catalunya, number 49-51, Principal 2a, 08007 Barcelona, provided with NIF: B-67394254, registered in the Registro Mercantil de Barcelona, whose contact email is [email protected] (“Shasta“, which is also referred to as “we” or “our“).
By downloading and clicking on “Continue” or any other similar link, registering, accessing or using our Services (as described in these terms and conditions of use), you agree to subscribe a legally binding contract (“Contract” or “Conditions of use”) with Shasta even if you are using our Services on behalf of a company.
If you are not satisfied with this Contract or with the Conditions of use, do not click on “Continue” or other similar link and do not access or otherwise use our Services. If you want to, you can terminate this contract at any time; To do this, send an email at [email protected] and do not access or use our Services.
This Contract and its updates apply to Shasta.me of Shasta, to the application of Shasta (the “Application”) and to other sites related to Shasta in which it is expressly stated that these Conditions of Use apply.
Description of the Services
Shasta is an exclusive social network, and therefore of a closed nature, that makes available to its Members a virtual platform or space where, thanks to collaboration agreements with duly authorized third-party providers (Partners), they can access exclusive services, such as, (a) send and receive payments between Shasta Members, (b) hire certain savings or investment products, (c) hire exclusive experiences and, (d) also subject to the terms and conditions of said service, contract the opening of an electronic money account and the issuance of a prepaid financial card and enjoy associated services, all quickly and easily (the “Services”).
Will be considered as “Users” all the people that download the Application, registering as users and accepting these Conditions.
In order to become a Shasta Member it is necessary to download the Application and register as a user providing the required information. Shasta may at any time request the user to provide additional information. Once the information provided has been processed and analyzed, Shasta may inform the user that they do not meet the conditions to become a Shasta Member.
However, all references to “Users” contained in these Conditions of Use will continue to apply to Members, except in those cases where this is indicated or unequivocally inferred otherwise.
In any case, Shasta reserves the right of admission and maintenance of its Members, without the rejection of any Member being in any case determined by reason of birth, race, sex, religion, opinion or any other personal condition or circumstance.
Likewise, the Payment Entity and the Electronic Money Entity may propose to the User any modification of its terms and conditions in relation to the Payment and Card Services of Shasta and of the applicable fees with an advance of 2 calendar days from the date on which the proposed modification takes effect, by email or in durable support through the Application, which the User accepts.
If you do not agree with any of the changes, you can close your account. Your use of our Services after posting or sending a notice about changes to these terms, will be considered as your acceptance of them by all means.
Payment services of Shasta
Shasta, through the Application and in accordance with these Conditions of Use, allows Members to access the following services (“Payment Services of Shasta”):
- Send payments to other Members.
- Request money to other Members.
- Receive and withdraw funds.
The use of the Payment Services of Shasta is always subject to the separate acceptance of the terms and conditions of the Payment Entity (as said term is defined in this clause) collaborator of Shasta, which for the use of these Payment Services of Shasta complement these Conditions of Use.
For a better experience, it is recommended that the first payments made by each Member is made by bank transfer.
- Send payments to other Members:
With the Application, Members will be able to make payments to the Accounts (as defined in these Conditions of Use) of other Members from among their contacts in Shasta.
To send a payment, the Member that wants to make the payment must enter in the Application the exact amount to be transferred and select the Member beneficiary of the payment from their contacts in Shasta, thus authorizing the payment transaction. The amount of the payment will be credited to the Account of the Member beneficiary of the payment and charged to (a) the Account of the paying Member when it had funds available, (b) in the bank account that had been registered in the Application or (c) in the credit or debit card that had been registered. The payment will be made at the time or, if this is not possible, within a reasonably short period of time.
When the Application allows it, transfers will be able to be made in a currency other than the local currency of the paying Member in which their Account is denominated.
- Request money to other Members:
Members will be able to request money to other Members from their contacts in Shasta.
To make a request for money, the Member making the request must enter in the Application the exact amount that they want to receive and select the destinatary Member from among their contacts in Shasta, thus authorizing the sending of a notification to the Member to whom the payment is requested, who will be able to make the payment or refuse it.
- Receive and withdraw funds from the Account:
The Account of each Member will receive all the payments that other Members send to him and he will accumulate said payments in the Account, so that they constitute the funds with which he can (a) make payments, or (b) order the withdrawal of those funds from their Account to the bank account that was registered in the Application or to the bank account linked to the credit or debit card that was registered in the Application.
To proceed to withdraw funds from the Account, the Member who owns the Account must enter the exact amount to be withdrawn and their destinatary bank account or credit or debit card, among the ones they had registered in the Application, thus authorizing the execution of the transaction.
The amount withdrawn will be credited to the Member’s Account at the time or, if this is not possible, within a reasonably short period of time.
Authorization of Operations and Telematic Signature
The User gives his express consent for the use of telematic means of acceptance, such as the action of clicking on a checkbox or on an icon that includes expressions such as “accept”, “end”, “ok”, “confirm”, or similar, or the introduction of a user and a password (the “Telematic Signature”), as a way of giving consent for, as an example, but not as a limitation, the conclusion of contracts with Shasta, the Payment Entity and the Electronic Money Entity, the acceptance of warnings and communications, as well as for sending orders and instructions through the Application relating to the Payment and Card Services in Shasta.
Consequently, the sending of orders and instructions through the Application implies the authorization and acceptance by the User of the operation performed, as well as the impossibility of refusing or rejecting the operations carried out through the Application (even in cases where, due to the negligence of the User, they or a third party that had access to their Smartphone carried out the operation, or when the latter acted fraudulently or in bad faith.
The User expressly accepts that Shasta, the Payment Entity and the Electronic Money Entity can file the contracts and orders signed on their secure servers, as a telematic delivery, and use them as proof of their conclusion. In case of discrepancy between your copy and the contract or archived order, the latter will prevail.
Payment Account of Shasta
For the purpose of being able to carry out its Services and assess the request as a Member, Shasta requires the User’s permission to access the contact list of their mobile phone which has the phone number that is linked to their account. If the request is denied, said Services won’t be able to be provided.
By being part of Shasta as a Member, the User will automatically be the holder of a payment account (the “Account”) opened by the Payment Entity that partners with Shasta in which payments received by other Members will enter and which could be linked to the data of one or more physical debit and credit cards, as well as current accounts issued or opened in their behalf by a credit institution in EU territory or equivalent third party to provide it with funds. In order to make payments to other Members, the User must register one or more physical debit or credit cards.
Initiated payment orders, generated commissions and expenses and received payments will be recorded in an account of an accounting nature that will allow the User to know the details of the payment operations executed and the amount of money available in his Account at any time.
The partner company that provides the payment services that are regulated in these Conditions of Use is EASY PAYMENT AND FINANCE, EP, S.A. (the “Payment Entity”) with registered office at Calle Alonso de Heredia number 2, 28028 Madrid, provided with NIF: A-85785905, and registered in the Registro Mercantil de Madrid. The Payment Entity is subject to the supervision of the Bank of Spain and is registered in the Registro Oficial de Entidades de Pago del Banco de España under the number 6849. The Payment Entity safeguards the funds received for the execution of the payment operations by keeping them in a bank account separate from your own funds.
The terms and conditions of the Payment Entity, used for the Payment Services of Shasta, complement these Conditions of Use.
Each Member can access to the record of made and received payments through the Application, as well as their account balances.
It is the responsibility of each Member to check all movements carefully and notify the Payment Entity through the Application immediately and without delay in case that such movements include any that may appear to be incorrect or that have not been performed in accordance to their instructions.
Shasta account and card services
Additionally, and only for Members who request it through Shasta, it is offered the possibility of requesting the opening of an electronic money account and contracting a prepaid financial card linked to it and enjoying the services associated with them (“Card Services“).
The collaborating company that provides the Card Services is PECUNIA CARDS EDE, S.L.U. (the “Electronic Money Entity”), a Spanish company with registered office at Calle Guzmán El Bueno, number 133, Edificio América, Bajo B, 28003 Madrid, provided with NIF: B-86972346, and registered in the Registro Mercantil de Madrid. The Electronic Money Entity is subject to the supervision of the Bank of Spain and is registered in the Registro de Entidades de Dinero Electrónico del Banco de España under the number 6707.
By contracting the Card Services, the Member expressly accepts the transfer of all their available funds, if any, from the account described in clause 2.3 to the contracted electronic money account, which will be considered the Member’s “Account” for the purposes of these Conditions of Use (for clarification purposes, Members will not retain any rights on the first account). Once the Electronic Money Entity has authorized the opening of the electronic money account, the referred transfer will be executed and the funds will be safeguarded by the Electronic Money Entity for the execution of Payment Services described in these Conditions of Use and Card Services.
Card Services of Shasta are in any case subject on separate acceptance of the terms and conditions of said services (“Conditions of Contracting and Use of Card Services”), which for the use of these Card Services of Shasta complement these Conditions of Use.
Notwithstanding the rates, prices and commissions that are detailed in these Conditions of use, the Card Services are subject to the rates, prices and commissions that are detailed in the Conditions of Contract and Use of Card Services.
Requirements to Use the Application
To use the Services, you agree that: (i) you must have the “Minimum Age” (defined below); (ii) you will only have one Shasta account, which must be in your real name (and, where appropriate, will include your company data); (iii) Shasta has not restricted the use of the Services. The creation of an account with false information constitutes a violation of our Conditions of Use; This also applies to accounts registered on behalf of other persons or used by persons under 18 years of age; and (iv) you must complete all the forms and provide all the information and documentation that is required (including your mobile phone number) during the “know your client” registration and process, so that Shasta can know if you satisfy the requirements to be a Member and prepare the evaluations and checks required by law for the use of all the Services, as well as future services and functionalities that Shasta may potentially.
“Minimum age” means 18 years. However, if applicable law requires that you must be older for Shasta to lawfully provide you with the Services without your parents’ consent (including the use of your personal data), then the minimum Age will be that other age.
The requirements and conditions described in this clause 4.1 will constitute conditions to be a Member.
If at any time a Member stops meeting any of these conditions, they must immediately inform Shasta of such circumstance.
· Your Account
The mobile phone number linked to the smartphone in which the Application has been downloaded will constitute the User identification credential at Shasta.
Members are the account holders. Therefore, you agree to: (1) try to choose a complex and secure password; (2) protect and maintain the confidentiality of the password; (3) do not transfer any part of your account (such as contacts) and (4) satisfy the relevant legislation, our list of Obligations to use the Services and, when appropriate, our Conditions to be a Member. You are responsible for everything that happens to your account unless you notify Shasta as soon as reasonably possible that it is being misused.
The download of the Application is free. However, Shasta may establish consideration with prior communication to the User for the use of all or certain Services. Any modification in this regard will be governed by the provisions of these Conditions of Use.
You will comply with your payment obligations and accept that we store your payment information. You understand that our prices may be subject to additional fees or taxes.
We do not guarantee refunds.
If you purchase any of our Payment Services, you agree to pay us the applicable fees, commissions and taxes and comply with the specific additional terms linked to such Payment Services. Non-payment of these fees may result in the termination of the Payment Services you receive. You also accept that:
- Your purchase can be subject to exchange fees or price differences depending on your location (for example, exchange rates).
- We can store and continue using your payment method (such as a credit card) for billing purposes, even after it has expired, to avoid interruption of the Services and use it to pay for other Services you may purchase.
- All your purchases of Services are subject to the Shasta refund policy.
- We can calculate the applicable taxes based on the billing information you provide at the time of purchase.
You will obtain a copy of your invoice in the email you designate in the registering process with the Service.
Likewise, both the Payment Entity and the Electronic Money Entity have the right to receive from the User the fees established in their particular conditions for the services provided.
In case of having made use of any of the Payment Services, the User can exercise the right of withdrawal on this Contract within 14 calendar days from its signature by the functionality of cancellation of the Application or by sending an email to the address [email protected] from the User address provided in the Application registration.
Fees for the Payment Services
The following fees and rates will apply to the Payment Services:
|Monthly Subscription||Free||4,99 €||13,99 €|
|Card Deposit (outside the EU)||3%||3%||3%|
|Instant SEPA||✗||✗||5 %|
|Annual maximum deposit||30.000€||50.000€||100.000€|
|Exchange between different currencies||2 limited 100€/month||2 limited 2.000€/month||Unlimited|
|Invest in investment funds||✗||2.000€/month||Unlimited|
|Monthly ATM Withdrawals||1||5||8|
**In order to enjoy the advantages of Shasta, the users non-residents of the E.U or not nationalised in E.U, will be subscribed to the Premium membership in order to comply with the regulations.
Rights and limitations
Availability of the Services
We can change, suspend or retire any Service, or change and modify future fees and commissions at our sole discretion. To the extent permitted by law, these changes will become effective when communicated to you. We may change or withdraw any of our Services.
We cannot guarantee that we will store or continue to display the information or content you have published. Shasta is not a storage service.
Other Content, Websites and Applications
Your use of the content and information of other people published in our Services is on your own behalf and at your own risk.
Other third parties may offer their own products and services through our Services, but we are not responsible for the activities performed by those third parties.
By using the Services, you may find inaccurate, incomplete, late, misleading, illegal, offensive or harmful information or content. Shasta does not generally review the content provided by its Members or other persons. You agree that you are not responsible for the content or information of other people (including Members). We cannot always prevent such misuse of our Services, and you agree that we are not responsible for such use. We also recognize the risk that you or your company may face of being associated by mistake to content about other people.
You are responsible of deciding if you want to access or use third-party applications or websites that have a link from our Services. If you allow a third-party application or website to authenticate you or connect to your Shasta account, that application or website can access your information and that of your contacts in Shasta. Third-party applications and websites have their own legal terms and privacy policies, and you may be granting permission to third parties to use your information in a way different than ours. Except in limited cases where required by relevant legislation, Shasta is not responsible for these other websites and applications; use them on your own behalf and at your own risk.
Shasta reserves the right to limit your use of the Services, including your number of contacts and your ability to contact other Members. Shasta reserves the right to restrict, suspend or close your account if it considers that you may have breached this Contract, the law or that you are using the Services incorrectly (for example, you have violated the list of “Obligations to Use the Services”, and our Conditions to be a Member).
Intellectual Property Rights
Shasta reserves all of its intellectual property rights on the Services. The use of the Services does not confer ownership of them or of the content or information shown through them. The brands and logos used in connection with the Services are the trademarks of their respective owners. Shasta, the “Shasta” logos and other Shasta brands, the service marks, graphics and logos used for our Services are registered trademarks of Shasta.
On the pictures and images that the Users provide in the Services, they will grant Shasta and its subsidiaries a worldwide, non-exclusive, transferable, sublicenseable and exempt of payments license for the copyright to host, use, distribute, modify, maintain, reproduce and show.
You can finalize this license for a specific picture or image by deleting said content from the Services, or in general by closing your account, except for the reasonable time it takes to remove it from backup copies and other systems.
Exclusions and limitation of liability
We disclaim any legal responsibility derived from the quality, safety or reliability of our Services.
Shasta, its affiliates and those who work with Shasta to provide the services (a) are not responsible for any implied guarantee or representation (such as marketing guaranties, suitability for a particular purpose, accuracy of the data and of non-infringement); (b) do not guarantee that the Services may be used without interruptions or without operational errors; and (c) provide the Service (including content and information) as it’s available.
Exclusion of Liability
To the extent permitted by law (and unless Shasta has signed an independent written contract that replaces this Contract), Shasta and its affiliates (and those who work with Shasta to provide the Services) will not be responsible for any indirect, inherent, special, consistent or punitive damages, for the loss of data, opportunities, reputation or for the benefits or income related to the Services (such as offensive or defamatory statements, lost time, use or changes in your information or content).
The responsibility of Shasta, its affiliates and those who work with Shasta to provide the Services shall in no case exceed, once all claims have been added, the amount that is less than (a) five times the most recent commission you have paid for a payment service, if applicable, or (b) 1,000 Euros.
This limitation of liability is part of the agreement between you and Shasta, and will apply to all liability claims (such as guarantee, damage, negligence, contract, law), even if this damage has been communicated to Shasta and its affiliates, and even although these solutions do not remedy their essential purpose.
Both you and Shasta can terminate this Contract at any time after notifying the other party. Once terminated, you will lose the right to access and use the Services. The following will continue to apply after termination:
- The Member’s right to re-share content and information that you shared through the Service if it was copied or re-shared before termination.
- Sections 4, 6, 7 and 8 of this Contract.
- Any amount due by any of the parties before the termination will continue to be due after it.
Applicable legislation and conflict resolution
Both parties agree to submit to the non-exclusive jurisdiction of the Barcelona courts. If you are a consumer or user and you have your habitual residence in the European Union, you will also have the protection that can offer you any mandatory provision of the european legislation, state and regional in your country of residence.
The European Commission offers a platform for alternative dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr/. If you want to communicate any matter, please contact us at our email [email protected].
If a court with authority over this Contract determines that some part of it cannot be applied, you and we agree that the court modifies the terms so that part can be applied and continues to serve its purpose. If the court could not achieve it, you and we agree to ask the court to eliminate that part that cannot be applied and to keep the rest of the Contract.
To the extent permitted by law, the Spanish version of this Contract is binding, while translations are offered only to provide commodity. This Contract (including the additional terms that we establish when you interact with a functionality of the Services that indicates it) is the only agreement between us for the Services and replaces all previous agreements for the Services.
If we do not act in case of breach of this Contract, this does not mean that Shasta has waived his right to enforce the Contract. You cannot assign or transfer this Contract (or your account or use of the Services) to anyone without our consent. However, you agree that Shasta can assign this Contract to its affiliates or to a third party that purchases it without your consent. There are no other third party beneficiaries of the Contract.
You agree that Shasta may be required by law to withdraw certain information or content in certain countries.
You agree that the only way to send us a legal notice will be at the address provided in clause 13.
Obligations to use the services
As a Member or User you agree that you will:
- Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, antispam laws, control laws of exports, tax laws, and other regulatory requirements.
- Provide us with accurate information and keep it updated.
- Use your real name in the profile and supply only the information and content to which you are entitled and to which the information in your Shasta profile is true.
- Provide only content and information that does not violate the law or the rights of any person (including intellectual property rights).
- Use the Services in a professional manner.
- Comply at all times with all the obligations assumed in this Contract.
- Notify Shasta in the event that you cease to comply with the Conditions to be a Member.
As a Member or User you agree that you will not:
- Use or create a false identity in Shasta, falsify your identity, create a Member profile for someone other than you (a natural person), or use or attempt to use another person’s account.
- Develope, support or use programs, devices, scripts, robots or any other way or process (including crawlers, navigation plugins and add-ons, or any other technology) to plagiarize (scrape) the Services or copy profiles otherwise or other Data of the Services.
- Bypass any security functionality or bypass any access control or limits of use of the Service (such as limits on keyword searches or profile views).
- Copy, use, disclose or distribute any information obtained from the Services, either directly or through third parties (such as search engines), without Shasta’s consent.
- Reveal information that you do not have the right to share (such as confidential information from third parties, including your company).
- Infringe the intellectual property rights of third parties such as copyrights, patents, trademarks, trade secrets or other property rights. For example, do not copy or distribute (except through the available sharing functionality) other people’s publications or other content without your permission.
- Violate Shasta’s intellectual property or other rights, including, without limitation, (i) copying or distributing our materials and technology; (ii) use the term “Shasta” or our logos in any business name, email or URL.
- Publish anything that contains program viruses, worms or any other harmful code.
- Use reverse engineering techniques, decompile, disassemble, decrypt or otherwise try to obtain the source code of the Services or any related technology that is not open source.
- Hint or declare that you are associated or endorsed by Shasta without our express consent.
- Rent, lend, market, sell / resell or obtain any other type of benefit from the Services or related data, or access them without Shasta’s consent.
- Establish links to our Services for any other purpose than to promote your profile or a group in our Services, without Shasta’s consent.
- Use bots or other automated methods to access the Services, to add or download contacts, or to send or redirect messages.
- Control the availability, performance or operation of the Services for competitive purposes.
- Carry out framing or mirroring practices, or otherwise simulate the appearance or function of the Services.
- Superimpose or modify in any other way the Services or their appearance (such as, for example, inserting elements in the Services or removing, covering or concealing advertisements included in the Services).
- Interfere with the operation or load the Services in an unreasonable way (for example, spam, denial of service attacks, viruses or game algorithms).
- Violate the Policies for the professional community or any other additional term related to a specific Service when you log in or start using said Service.
Members expressly assume the strictest duty of confidentiality regarding the content and information to which they have access within Shasta, as well as the conversations, negotiations and actions related to their object within Shasta (the “Confidential Information”), committing themselves not to disclose, in whole or in part, such Confidential Information to third parties without the prior written authorization of Shasta and the Members to whom such disclosure could in any way affect.
This clause will remain in force after the termination or extinction of this Contract or any of the Services provided therein for a period of not inferior than 4 years.
A cookie is a file that is downloaded to the user’s computer / smartphone / tablet when accessing certain web pages to store and retrieve information about the navigation that is done from said computer. To learn more about the Cookies Policy, we invite you to access the Cookies Policy accessible through the website, the application and the following link https://shasta.me/politica-de-privacidad/
We respect the intellectual property rights of other people. We demand that the information published by Members is accurate and that it does not infringe the intellectual property rights or other rights of third parties. You can make complaints about the content published by our Members at [email protected].
If you want to send us notices about a specific procedure, contact us at the following email address: [email protected].