In accordance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), the following information is provided:
The Platform is operated by Rintral Trading, S.L.U., trading under the commercial name of Nebeus, a sole-shareholder limited liability company incorporated in Spain with tax identification number B66096686, registered in the Commercial Registry of Barcelona, with registered office at C/ de la Llacuna 11, 08005, Barcelona, Spain (“Nebeus”, “we”, “our”, or “us”).
These Terms of Use (the “Terms”) govern access to and use of all services provided through the Nebeus platform, accessible via the website https://nebeus.com and the Nebeus mobile application (together, the “Platform”), operated by Nebeus.
These Terms constitute a legally binding agreement between you (“User”, “you”, or “your”) and Nebeus, and govern your use of the Platform, including any services, tools, or content provided directly or through third-party integrations. This includes, without limitation, services related to digital assets, payment functionalities, custody solutions, cryptocurrency-backed loans, and other financial operations delivered through regulated partners.
Users must be of legal age and have full contractual capacity to enter into these Terms, and must have successfully completed our onboarding and Know Your Client (“KYC”) process.
Where a user accesses the Platform on behalf of and as a representative of a legal entity, the user accepts and declares that they hold sufficient authority to bind the legal entity or company they represent in the contracting of services. In such cases, any service request made by the user shall be attributable to the legal entity, and Nebeus will presume that such requests have been made by that entity.
Acquiring the status of a user entails the reading and express acceptance, without reservation, of the conditions set out in these Terms, which the user confirms having read prior to acceptance. These Terms may be stored and reproduced by the user. By accessing or using any part of the Platform, or by clicking “Accept” when prompted, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms, together with our Privacy Policy, Cookies Policy, and any service-specific terms applicable to the services you use.
These Terms apply regardless of your country of residence or access, provided the services are legally available in your jurisdiction. It is your sole responsibility to ensure that your use of the Platform complies with all applicable local, national, and international laws, regulations, and restrictions. If local laws or regulations prohibit or restrict your access to certain services or the Platform in general, you must refrain from using those services.
Nebeus shall not be liable for the unauthorised or unlawful use of the Platform by Users in jurisdictions where such services are restricted or prohibited. By using the Platform, you expressly confirm that your access is lawful in your jurisdiction and that you assume full responsibility for compliance with applicable laws.
Nebeus operates within the framework of applicable Spanish and European regulation, including, amongst others: MiCA (Regulation (EU) 2023/1114) for crypto-asset services; DORA (Regulation (EU) 2022/2554) on digital operational resilience; Law 10/2010 (Spain) and European Anti-Money Laundering and Counter-Terrorist Financing Directives; and the GDPR (Regulation (EU) 2016/679) on data protection.
In the event of conflict between these Terms and mandatory legal or regulatory provisions, the latter shall prevail.
For the purposes of these Terms, ‘Crypto-asset’ means any digital asset that can be transferred or stored electronically, as defined in Article 3(1)(5) of Regulation (EU) 2023/1114 (MiCA).
Nebeus acts as a crypto-asset service provider in accordance with Regulation (EU) 2023/1114 on Markets in Crypto-Assets (“MiCA”), providing regulated services directly under that framework through its authorised or pending-authorisation entities.
In parallel, certain services related to fiat money or payments may be provided by credit institutions, payment institutions, or electronic money institutions duly authorised under Directive (EU) 2015/2366 (“PSD2”) and its implementing regulation. In such cases, Nebeus acts as a technological interface and distributor, whilst the provision of the regulated service rests with those authorised entities.
This distinction is reflected in the specific documentation for each service and in the corresponding regulatory disclosures.
An up-to-date list of external regulated and unregulated service providers is available here. This list may be updated periodically to reflect operational or regulatory changes, without prejudice to the information obligations owed to the User.
Certain services or features available through the Platform may be governed by additional product-specific terms and disclosures (“Product Terms”). These Product Terms are presented to the User at the time of activation or use of the relevant service and must be reviewed and accepted before proceeding.
By accepting these Terms of Use, you also agree to be bound by any applicable Product Terms relating to the services you choose to activate, including, without limitation, those governing crypto-asset wallets, IBAN accounts, payment cards, staking, renting, loans, and mass payments.
Each service offered by a regulated third party will be accompanied by an information sheet detailing: (i) the providing entity; (ii) its registration number; (iii) a link to the relevant public register; and (iv) the scope of its liability.
In the event of any inconsistency between these general Terms and any applicable Product Terms, the Product Terms shall prevail solely in relation to the relevant service.
Certain fiat and payment services accessible through the Platform — such as payment cards, fiat currency accounts, or IBANs — are provided by electronic money institutions, payment institutions, or credit institutions duly authorised and established within the European Economic Area, in accordance with Directive (EU) 2015/2366 (“PSD2”) and its implementing regulation.
An up-to-date list of the regulated and unregulated providers delivering these services is available here. In any case, the User will be informed of the identity of the applicable provider prior to the activation of the relevant service.
Always prior to service activation, the User will receive information on the identity of the applicable provider and the specific terms that will govern that service, which must be expressly accepted where required. These disclosures form part of the product-specific terms referred to in Clause 3 of these Terms. Acceptance of such terms will be collected by electronic means.
All fiat funds associated with electronic money accounts, payment instruments, or card balances are held in segregated safeguarding accounts in accordance with applicable regulation and its corresponding national transpositions.
Where such services are provided by a duly authorised electronic money institution or payment service provider, funds will be safeguarded by that entity in accordance with its own regulatory regime. In such cases, the User acknowledges that the authorised entity is acting as the provider of the relevant electronic money or payment service.
In all cases, funds are kept legally separate from Nebeus’s own assets and those of any affiliated entity.
In conditions of high market volatility, the final exchange rate may differ from the indicative rate displayed to the User immediately prior to the transaction, owing to rapid market price movements (commonly referred to as slippage).
Nebeus reserves the right to subcontract or delegate the performance of any part of its obligations under these Terms to third-party service providers, whilst always ensuring compliance with applicable obligations.
Where such subcontracting involves regulated services, Nebeus guarantees that the third party holds the relevant authorisation and is subject to the supervision of a competent authority. Users will be informed of any change in regulated provider in accordance with applicable regulation.
Such subcontracting or delegation shall not release Nebeus from its obligations towards the User under these Terms, without prejudice to Nebeus’s right of recourse, and except where otherwise provided by applicable legislation or specific service agreements.
In the event of a change of regulated service provider, Nebeus will ensure operational and contractual continuity of the service, informing the User with adequate prior notice, except in cases of justified urgency.
By clicking “Accept”, registering for a Nebeus account (i.e. the unique user profile enabling access to the Platform and its various services, including, where applicable, differentiated balances or sub-accounts by service), or otherwise accessing or using the Platform, you expressly represent that:
Your use of the Platform constitutes your full and unconditional acceptance of these Terms. If you disagree with any provision, you must immediately cease use of the Platform and any associated services.
These Terms incorporate by reference the following documents, which shall be considered an integral part of this agreement:
You may also be required to expressly accept additional product-specific terms and disclosures before accessing or activating certain services offered through the Platform.
Such acceptance will be collected through dedicated electronic confirmation mechanisms, such as mandatory tick-boxes, disclosure pop-ups, dynamic consent forms, or explicit digital signature interfaces, at the point of onboarding, activation, or first use of the service.
Where the service is legally provided by a regulated provider other than Nebeus, acceptance of the product-specific terms will constitute the direct formation of a contract with that provider, in accordance with its own regulatory framework.
By confirming acceptance through these mechanisms, you acknowledge and agree that:
The User may decline to accept the specific terms of a given product without affecting the general availability of their basic account, unless those terms are essential for core use of the Platform.
In the event of conflict between these Terms and mandatory applicable legal provisions (including the MiCA Regulation, eIDAS, or PSD2), the latter shall prevail in their interpretation and application.
You agree that any signature, acknowledgement, consent, or agreement provided through the Platform — including via digital images, electronic signatures, click-to-accept mechanisms, or scanned/facsimile reproductions — shall have the same validity and enforceability as a handwritten signature, in accordance with Article 25 of Regulation (EU) No 910/2014 (eIDAS), which recognises the legal validity of electronic signatures.
This includes, without limitation: (i) service agreements, disclosures, or consent forms; (ii) subscription conditions for products or services; (iii) transaction confirmations and communications receipts; (iv) identification and verification records. Such technical records (including IP address, timestamp, device, and geolocation) may be used as valid evidence in administrative or judicial proceedings.
You acknowledge and agree that:
Unless otherwise required by law, Nebeus is not obliged to provide physical copies of electronically signed agreements. You may request a PDF or printable copy at any time by contacting our support team.
Access to the Platform and use of Nebeus’s services is restricted to Users who meet the following eligibility requirements. The Platform is not intended for use by persons under the age of 18, nor by those classified as vulnerable adults under applicable law. Any unauthorised registration may be considered void.
Access to the Platform is permitted only to natural persons or legal entities residing in jurisdictions not subject to international sanctions or regulatory restrictions applicable to the services offered.
Registration on the Platform entails acceptance of identification (KYC) and due diligence (AML) procedures established by Nebeus or its regulated providers, in accordance with Law 10/2010 and applicable European regulation.
Nebeus reserves the right to reject or cancel registrations that do not meet these requirements, without any obligation to justify the decision, where there are reasonable grounds to suspect regulatory non-compliance or reputational risk.
To register as a natural person, you must: (i) be at least 18 years of age or have reached the legal age of majority in your jurisdiction; (ii) have full legal capacity to enter into binding agreements under the laws of your country of residence; and (iii) provide accurate and verifiable personal data during the onboarding process.
To register as a legal entity, you must: (i) be duly incorporated and in good standing under the laws of your country of registration; (ii) provide official documentation evidencing your legal existence, tax identification, and ownership structure; and (iii) designate an authorised representative with the legal capacity to bind the entity and complete all necessary verifications.
All Users must successfully complete our onboarding and identity verification procedures, which include Know Your Customer (KYC) or Know Your Business (KYB) due diligence. These verifications are conducted through authorised verification providers, in compliance with Spanish Law 10/2010 on AML/CTF, the European Anti-Money Laundering Directives, MiCA, and PSD2, as applicable.
Nebeus reserves the right to:
These controls apply both during onboarding and throughout the entire account relationship. Failure to complete ongoing verifications, or refusal to provide updated documentation, may result in limited functionality or service suspension.
For transparency and regulatory compliance purposes, Nebeus will maintain an auditable record of all verifications carried out, including timestamps, verification methods, and external provider credentials. The results of such verifications may be shared with competent authorities, including SEPBLAC, upon lawful request.
The retention of such records is carried out in a manner ensuring their availability for internal audits or inspections by competent authorities.
The User’s risk profile may be reassessed periodically at the discretion of Nebeus or its regulated partners, in response to the evolution of the commercial relationship or changes in regulatory requirements.
Access to and use of the Platform is strictly limited to persons and entities meeting the eligibility criteria set out in these Terms. Users are prohibited from allowing third parties — whether family members, minors, or unauthorised individuals — to access or operate their account without Nebeus’s prior written consent or a legally valid delegation.
You represent and warrant that you are acting solely in your own name or, where applicable, with full legal authority to represent and bind a legal entity. Any unauthorised use may result in immediate account suspension or termination and will be reported to the competent authorities as required by applicable law.
The submission of false, altered, or unverifiable documents may be reported to the competent authorities and will result in immediate account cancellation.
By registering on the Platform and accessing Nebeus’s services, you undertake to act with integrity, diligence, and in full compliance with applicable laws and these Terms. You are responsible for ensuring that all information provided during registration and throughout your use of the Platform is truthful, accurate, and up to date, including personal data, contact information, and, where applicable, corporate documentation. This responsibility also extends to the regulated service providers operating through the Platform.
You must maintain the confidentiality and security of your account credentials, authentication methods, and devices used to access your account. It is your obligation to prevent unauthorised access and to notify Nebeus immediately at info@nebeus.com if you suspect or become aware of any security breach, including loss or theft of credentials, device compromise, or suspicious activity.
You must refrain from accessing the Platform through unauthorised methods or unverified third-party applications. Nebeus accepts no liability for damages arising from the use of unofficial channels.
All activity carried out through your account will be deemed to have been carried out by you, unless you notify us of unauthorised use and we have had sufficient time to take action. Nebeus accepts no liability for losses or damages arising from your failure to implement adequate security measures, such as the use of strong passwords or secured network environments, or from any misuse of the Platform attributable to your negligence or omission.
Ongoing failure to comply with your obligations under this section may result in the restriction, suspension, or cancellation of your account and, where applicable, notification to the competent authorities.
Nebeus shall not be liable for losses, unauthorised access, or unwanted transactions resulting from the User’s failure to comply with these obligations, including the failure to activate available security mechanisms.
Your Nebeus account is personal (or entity-specific, in the case of companies) and must not be shared, rented, or transferred to third parties without prior written authorisation. You are solely responsible for all activities carried out using your credentials. Unauthorised sharing may result in immediate account suspension or termination and, where fraud or misuse is suspected, may be reported to the competent authorities.
In the case of corporate accounts, the registered entity assumes full responsibility for the acts of its authorised representatives or employees, unless it notifies Nebeus in writing of the revocation of such authorisation.
You represent and warrant that you are not subject to any sanctions imposed by the United Nations, the European Union, the United States (including the OFAC list), or any other relevant sanctions authority.
You further undertake not to permit the indirect use of the Platform by natural or legal persons subject to international sanctions, including those acting on your behalf as intermediaries, ultimate beneficial owners, or agents.
You also warrant that you are not located in or resident of any country or territory subject to comprehensive trade embargoes. Nebeus reserves the right to restrict or terminate access to the Platform where such access violates applicable export control or sanctions laws.
Nebeus may notify the competent authorities of any attempt to access, use, or conduct transactions that contravene applicable international sanctions or export control regulations, in accordance with its compliance policy.
Certain services may be accessed through third-party environments via Nebeus-branded widgets or embedded interfaces. These integrations are subject to specific terms applicable to both the User and the integration partner.
The integration partner shall be considered jointly responsible in relation to due diligence and data protection obligations, and must ensure compliance with equivalent standards of security, privacy, and regulatory compliance.
By accessing the Platform through a third-party widget, you acknowledge that: (i) your onboarding and KYC verification process may be carried out by a regulated third-party provider; (ii) Nebeus remains the data controller and processor for GDPR purposes; (iii) transactional limits and service availability may differ from those of the main Platform.
Integration partners undertake to comply with Nebeus’s technical specifications, branding requirements, and security policies. Nebeus reserves the right to suspend access to widgets in cases of non-compliance or technical non-conformity.
Nebeus shall not be liable for errors, omissions, or operational deficiencies attributable to the technology environment of the integration partner, provided Nebeus has complied with the technical standards required by Nebeus.
Nebeus reserves the right to periodically audit the regulatory and technical compliance of integration partners, and may revoke their access in the event of non-compliance.
Use of the Platform may be subject to fees, commissions, and service charges, depending on the type of service used, the transaction method, and the applicable pricing plan. A full and up-to-date Schedule of Fees is published on the Nebeus website and mobile application, and is accessible via this link.
This fee policy is established in accordance with the principle of transparency, ensuring that Users are aware of the costs applicable to the services used in advance.
Nebeus reserves the right to update or modify its fees at any time to reflect changes in operating costs, regulatory requirements, or market conditions. Any modification will be communicated via the Platform or by email with at least 14 calendar days’ notice, unless such changes are necessary to comply with legal obligations, in which case they may take effect immediately.
You are solely responsible for reviewing the applicable fees before using any service. By initiating a transaction or continuing to use a service after having been notified of a change, you accept the fees in force at the time of execution.
The User acknowledges that certain operations (such as blockchain transactions) may involve additional costs not charged directly by Nebeus (e.g. network fees or gas fees), the estimated amount of which will be displayed, where possible, prior to confirmation of the operation. These additional charges are available via this link.
Additionally, certain services may be offered as Paid Services, which include subscription- or usage-based pricing. Where applicable, billing terms and service conditions will be communicated clearly prior to activation.
Upon subscribing to any Paid Service, you agree to the applicable payment terms, including:
You may cancel a subscription at any time from your account settings. Unless otherwise indicated, cancellations take effect at the end of the current billing cycle, with no pro-rated refunds for unused periods.
Nebeus reserves the right to modify fees, including those associated with Paid Services, in accordance with the foregoing criteria. Failure to pay any applicable fee may result in service suspension or account termination.
In the event of partial non-payment or delay in recurring charges, Nebeus may restrict access to non-essential features until the outstanding balance is settled, without prejudice to the possible definitive termination of the account.
Owing to the operational characteristics of the services provided through the Platform — including the execution of crypto-asset transactions, loan disbursements, and transfers — operations are considered final once confirmed and are not eligible for a refund. This applies to payments made by card, bank transfer, or digital assets.
Refunds will not be issued in cases of market volatility, user error (such as an incorrect wallet address), or delays caused by third-party systems or blockchain congestion. Users are responsible for reviewing all transaction details prior to confirmation.
Nebeus accepts no liability for execution failures arising from external events such as blockchain network congestion, third-party custody errors, technical outages, or force majeure. In such cases, no refund will apply, unless otherwise required by law.
Where payment is made by card or bank account, the User acknowledges that certain refund rights (such as chargeback rights) may not apply to crypto-asset services, or may be contractually excluded in accordance with the nature of the product.
In exceptional circumstances, and solely at Nebeus’s discretion, a refund may be considered where a technical error attributable to Nebeus is demonstrated. In such cases, the user must submit a formal written request with supporting documentation. Refunds, if approved, will be processed using the same payment method as the original transaction, unless otherwise agreed.
All card transactions initiated on the Platform are subject to our Chargeback Policy and the rules established by card networks (such as Visa or Mastercard) and our acquiring banks. Users are expected to attempt to resolve any dispute directly with Nebeus before initiating a chargeback through their card issuer.
Chargebacks may be considered valid in cases of unauthorised charges, technical errors, or confirmed fraudulent activity. However, unjustified or abusive chargebacks may result in account suspension, service restrictions, and recovery of costs associated with the dispute.
Nebeus reserves the right to deduct from or charge the User any amount corresponding to processing fees, acquirer penalties, investigation costs, or defence costs incurred in connection with chargebacks considered unfounded or submitted in bad faith.
Each chargeback is reviewed in accordance with Spanish financial legislation, Royal Decree-Law 19/2018. In the case of cryptocurrency transactions, owing to their decentralised and irreversible nature, chargebacks are only considered under exceptional circumstances and may entail remedies other than monetary reimbursement.
The submission of a chargeback may trigger a reassessment of account activity, additional verification procedures, and, where applicable, notification to the competent authorities if patterns associated with fraud or abuse are identified.
Users wishing to dispute a transaction must follow the procedures set out in the Chargeback Policy, which forms an integral part of these Terms and is available on our website or upon request.
To ensure compliance with applicable regulation and to maintain the operational integrity of the Platform, Nebeus monitors user activity and may classify accounts as inactive or dormant where no login, transaction, or communication has occurred over a continuous period of twelve (12) months.
Once an account is designated as dormant, certain service limitations may apply, such as temporary suspension of access, withdrawal restrictions, or a request for additional identity verification. Where applicable, a maintenance fee may be deducted from the available balance in accordance with the published Schedule of Fees.
Prior to applying dormant status, Nebeus will make reasonable efforts to contact the user using the most recent contact details available. Users may reactivate their account at any time by logging in and, if necessary, updating their verification information.
If an account remains inactive for a prolonged period and the account holder cannot be contacted despite repeated attempts, any remaining balance may be classified as unclaimed funds. In such cases, and in accordance with Spanish anti-money laundering legislation, funds may be held in a segregated account and reported to the competent authorities, including SEPBLAC. Users retain the right to request restitution, subject to appropriate verification and provided no legal or regulatory impediment exists.
Nebeus reserves the right to deduct reasonable costs associated with maintenance, regulatory compliance, and recovery efforts. Funds will be returned to the rightful holder upon verified request, provided no legal restrictions apply.
Prior to classification as dormant, Nebeus will make reasonable attempts to contact the User by email and other registered means of contact, with at least 30 days’ notice. This will include: (i) warning of the change of status; (ii) instructions for reactivating the account; (iii) details of possible charges or consequences. Where applicable, funds may be transferred to officially held accounts as provided for under current Spanish legislation.
To reactivate a dormant account, Users must: (i) successfully log in to the Platform; (ii) complete any outstanding KYC/KYB update requests; (iii) confirm their intention to continue using the services.
Once successfully reactivated, any accrued dormant account fees will be disclosed and deducted, if applicable. Nebeus reserves the right to waive such fees at its sole discretion. The up-to-date detail of these fees is available in the Schedule of Fees published on the Platform.
This policy is interpreted in accordance with the access and ownership principles set out in Regulation (EU) 2023/1114 (MiCA).
If an account remains inactive or unverified for a prolonged period and Nebeus is unable to establish contact with the User despite reasonable efforts, the funds held in that account may be classified as unclaimed. This will apply in particular where:
Nebeus will act in accordance with its Internal Unclaimed Funds Policy and applicable Spanish legislation (Law 10/2010). Funds may: (i) be frozen without prior notice for the duration of the investigation; (ii) be reported to SEPBLAC or other competent financial authorities; (iii) be held securely in a segregated account until resolution; (iv) be subject to seizure or forfeiture where their illicit origin is established by legal ruling.
Nebeus will maintain full cooperation with law enforcement authorities and financial regulators. A summary of our internal policy for handling unclaimed or suspicious funds is available upon request or regulatory requirement.
In compliance with the obligations of Law 10/2010 and Royal Decree 304/2014, Nebeus retains the authority to report and transfer unclaimed funds to the relevant national competent authorities where the identity or rights of the User cannot be reasonably verified.
If funds remain unclaimed for a period exceeding five (5) years without administrative or judicial resolution, they may be transferred to official public administration accounts in accordance with the procedures set out in national regulation.
These actions will be carried out without prejudice to the custody, safeguarding, and segregation obligations set out in Article 75 of Regulation (EU) 2023/1114 (MiCA).
The User may request the restitution of retained funds upon sufficiently demonstrating ownership, provided no legal restrictions or contrary orders issued by competent authorities exist.
Where permitted by applicable regulation and without compromising an ongoing investigation, Nebeus will make reasonable efforts to notify the User before executing any definitive transfer, retention, or reporting of funds.
All intellectual property rights in the Platform, including but not limited to its content, design, logos, trade marks, text, graphics, icons, images, audio clips, software, and source code (together, the “Materials”), are the exclusive property of Rintral Trading, S.L.U., trading as Nebeus, or have been duly licensed from third-party providers, in accordance with the Consolidated Text of the Intellectual Property Law (Royal Legislative Decree 1/1996) and other applicable European Union regulation.
You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform and its Materials solely for personal or internal business purposes, subject to the following conditions:
Unauthorised use of the Materials may infringe copyright, trade mark, and other laws, and may give rise to civil or criminal liability.
You acknowledge and agree that: (i) the Platform and its content are provided ‘as is’, without any warranty of fitness for a particular purpose; (ii) Nebeus does not grant you any proprietary rights in the Materials; (iii) any suggestions or feedback you voluntarily provide may be freely used by Nebeus without compensation or restriction.
In the case of informational materials or technical documents disclosed to the public, such as white papers or other pre-contractual communications, the intellectual property provisions contained in Regulation (EU) 2017/1129 and other applicable sector-specific regulation shall apply; their reproduction or redistribution without express authorisation is prohibited.
You undertake not to disclose, reproduce, or use for any purpose other than use of the Platform, any confidential information or proprietary material to which you gain access during your relationship with Nebeus. Confidential information includes, without limitation: business models, source code, APIs, architecture, processes, security systems, non-public financial information, and any technical, commercial, or contractual data provided by Nebeus or accessible through the Platform.
This confidentiality obligation applies indefinitely, including after the termination of your account or interruption of the service, unless disclosure is required by law, regulation, or a valid court order, in which case you undertake to notify Nebeus in advance, to the extent permitted by law.
Nebeus retains all intellectual property rights over any documentation, software, processes, and service structures presented through the Platform. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works, transfer, or sell such information without prior written consent.
Breach of this clause may result in immediate termination of access to the Platform and give rise to civil or criminal liability, including claims for damages and interim injunctive relief.
Nebeus is committed to protecting your personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) and current Spanish data protection legislation. All personal data collected through our Platform is processed lawfully, fairly, and for explicit and legitimate purposes.
This obligation extends to all information considered confidential, including crypto-asset disclosure documents, operational policies, and regulatory communications.
We process your data solely for the purposes of: (i) providing our services; (ii) complying with legal obligations (including KYC/AML); (iii) preventing fraud; and (iv) ensuring transaction security.
Nebeus implements technical and organisational security measures commensurate with the level of risk, including data encryption, secure access management, and incident response procedures. Personal data is retained only for as long as necessary or as required by applicable law, including anti-money laundering regulations, and is securely deleted once that period expires.
Users have the right to: (i) access their personal data; (ii) rectify or erase inaccurate data; (iii) restrict or object to processing; and (iv) request data portability, subject to applicable legal limitations. Requests may be sent to the Data Protection Officer at dpo@nebeus.com.
Any attempt to decompile, data-mine, scrape, reverse-engineer, or systematically extract content or operational structures from the Platform is likewise prohibited, unless expressly authorised.
Access to such information does not imply any transfer, implied licence, or conveyance of any intellectual property or ongoing use rights, unless expressly stated otherwise.
Further information is available in our Privacy Policy and Data Deletion Policy, which form an integral part of these Terms.
All crypto-assets deposited by the User on the Platform will be effectively, continuously, and verifiably segregated from Nebeus’s own assets. This segregation is implemented through differentiated crypto-asset accounts, individualised accounting records, and automated control systems, in accordance with the principles of non-commingling, permanent identifiability, and operational reversibility. Separation applies at the legal, operational, accounting, and technological levels, and is periodically reviewed through internal controls and independent audits, in strict compliance with Regulation (EU) 2023/1114 (MiCA).
Absent express, informed, individualised, documented, and revocable consent granted by the User for a specific transaction, Nebeus is absolutely prohibited from reusing, lending, pledging, or transferring the crypto-assets held in custody. This prohibition covers any direct or indirect use for the benefit of Nebeus or third parties, save for the exceptions provided under applicable regulation, which will be duly communicated to the User.
Nebeus maintains immutable, redundant, and cryptographically protected digital records enabling the complete, continuous, and detailed identification of the crypto-assets held in custody for each User, including their movement history, operational status, fiat equivalent value, and exact correspondence with segregated assets. These records are available for immediate inspection by the CNMV, the Banco de España, or other competent authorities.
The User acknowledges and accepts that custody services entail risks inherent to the crypto ecosystem, including: (i) loss or theft of private keys; (ii) technological vulnerabilities; (iii) cyberattacks; (iv) operational and human risks; (v) regulatory changes; and (vi) counterparty risk from third-party custodians. The Company proactively discloses these risks through clear and up-to-date pre-contractual information, and applies strict controls to mitigate them, including network segmentation, access controls, regular audits, and advanced encryption in accordance with DORA and MiCA.
Assets are held exclusively in Nebeus’s own infrastructure or in that of authorised third parties within the EEA meeting standards equivalent to those required by MiCA. The Company performs daily automated reconciliations, monthly manual cross-reconciliations, and triannual verifications by an external auditor. The entire process is documented in Annex III and supervised by the Chief Compliance Officer.
In the event of Nebeus’s insolvency, segregated crypto-assets will not form part of the insolvency estate, will not be subject to attachment, and will be returned to their holders in accordance with the procedure set out in insolvency regulation and MiCA.
The service provided by Nebeus is one of technical, non-discretionary custody, without investment advice. At all times, the User retains full ownership, control, and availability of their crypto-assets, which may be recovered or transferred in accordance with the contractual conditions. Nebeus assumes no risk in respect of their value development, acting solely as a responsible and neutral depository in accordance with the principles of integrity, professional diligence, and client protection established under MiCA.
Nebeus maintains an internal digital operational resilience framework in accordance with Regulation (EU) 2022/2554 on Digital Operational Resilience for the financial sector (“DORA”). This framework ensures the continuity, availability, and security of our ICT systems, with particular emphasis on the prevention, detection, mitigation, and recovery from risks.
The Platform is supported by robust infrastructure and is subject to continuous risk assessments, penetration testing, and system audits. We implement secure coding practices, access controls, data encryption, and backup protocols to mitigate risks related to data loss, corruption, or unauthorised access.
Nebeus operates a formal incident response plan, which includes real-time monitoring, root cause analysis, communication to affected users, and regulatory notification procedures. Any major ICT incident will be reported to the relevant competent authority in accordance with applicable legal obligations and timelines. Incidents are classified in accordance with a standardised typology by severity level and impact.
Nebeus also conducts periodic operational continuity tests, disaster recovery exercises, and crisis simulations, including the involvement of relevant teams and validation by independent third parties.
Any significant change to ICT infrastructure, processes, systems, or providers is subject to internal change management policies, which include risk assessment, version control, and reversibility measures.
The ICT governance framework is overseen by the designated Head of Technology, who forms part of senior management and is accountable to the Board for digital strategy, in accordance with Article 5 of DORA.
We assess and monitor external ICT service providers, including cloud infrastructure, custody systems, and payment processing platforms, to ensure compliance with applicable standards on security, continuity, and outsourcing. These providers are subject to rigorous onboarding, audit, and ongoing assessment processes in accordance with our Third-Party Risk Management Policy.
By using the Platform, you acknowledge and accept that no system is entirely free from risk. Whilst Nebeus strives to ensure secure and uninterrupted operations, we do not guarantee that access to the Platform will be free from errors, delays, or interruptions caused by factors beyond our control.
You are solely responsible for safeguarding the confidentiality, integrity, and security of your login credentials, authentication methods (including two-factor authentication), and any device or software used to access the Nebeus Platform.
You must take all reasonable precautions to prevent unauthorised access, including:
Nebeus strongly recommends, and may in certain cases require, the use of two-factor authentication (2FA) to access certain features or carry out sensitive operations such as withdrawals or changes to login credentials.
Any unauthorised access, suspected compromise, or anomaly must be reported to Nebeus immediately through the designated channels. You acknowledge that any delay in such notification may limit Nebeus’s ability to contain and mitigate the incident.
Nebeus maintains proactive detection mechanisms for suspicious activity, automatic blocking upon anomalous behaviour, and continuous review of access logs. Where fraudulent activity is detected, the account may be preventively blocked and additional verification may be required to restore access.
All sessions are recorded and audited in accordance with our Information Security Policy and may be used as evidence in the event of a dispute, incident, or authority requirement.
Sharing of credentials is strictly prohibited. You will be held responsible for all activity carried out using your credentials, unless the contrary is duly evidenced.
If you suspect that your account has been accessed without authorisation, that your credentials have been compromised, or that your device has been lost or breached, you must:
Nebeus may, at its sole discretion, suspend or restrict access to your account until the incident is resolved. This may include freezing funds, blocking transactions, or requiring additional identity verification.
Nebeus shall not be liable for losses, damages, or unauthorised transactions resulting from your failure to comply with basic cybersecurity practices, such as:
This exclusion of liability also applies to damages arising from the use of unofficial versions of the Nebeus application or unauthorised third-party software.
Nebeus implements a comprehensive ICT resilience framework in accordance with Regulation (EU) 2022/2554 (DORA), including:
We also assess the cybersecurity of all external service providers with access to critical systems or data.
Whilst Nebeus applies industry-leading security measures, you acknowledge and accept that no system is completely immune to risk. By using the Platform, you accept that:
The Platform may include integrations with external service providers for functions such as identity verification, payment processing, custody, or communications.
In accordance with the service categorisation set out in section 2 (Operational Model and Regulatory Structure), for those services in respect of which Nebeus acts as a technological interface and distributor, Nebeus does not guarantee, and shall not be liable for, the continuous availability, security, or performance of such third-party services. To the extent permitted by law, you agree that Nebeus shall not be liable for direct or indirect damages arising from the use, unavailability, or malfunction of services provided by third parties, except as required by consumer protection laws.
This disclaimer of liability regime shall not apply to services provided directly by Nebeus under MiCA.
In the event that one of Nebeus’s regulated providers — through which Nebeus acts as a technological interface or distributor — such as IBAN issuers, payment card providers, or liquidity providers — ceases operations or is unable to fulfil its obligations, Nebeus will:
Whilst Nebeus endeavours to maintain continuous access through alternative partners, certain services may be suspended, modified, or discontinued without liability, provided this is legally and operationally viable.
Nebeus may carry out periodic maintenance or emergency updates to the Platform to ensure the integrity and security of the service. During such periods, access to the Platform or certain features may be temporarily suspended. Scheduled maintenance will be communicated in advance where possible.
Nebeus does not guarantee support for forks of digital assets, airdrops, or protocol changes initiated by third parties. Where such events occur, Nebeus will assess on a case-by-case basis whether support is technically feasible and compliant with applicable regulation.
Unless Nebeus expressly communicates its decision to support a specific event, you expressly acknowledge and accept that we will not facilitate the exercise of any rights that may arise from such an event, and you hereby waive, in advance, any crypto-asset or newly created right that may accrue to you as a result. We will communicate our decision to you with as much advance notice as possible.
Any operational incident or interruption related to such events (including its duration, root cause, and corrective measures) will be recorded and managed in accordance with Nebeus’s internal incident management and operational resilience framework.
You represent and warrant that all funds, digital assets, and transactions carried out through the Platform originate from legitimate sources and do not derive from criminal or unlawful activities. You further declare that you are not acting on behalf of or under the direction of third parties subject to financial sanctions, investigations, or enforcement actions.
You undertake to provide, upon request, documentary evidence of the legitimate origin of funds and to cooperate fully with any compliance review or investigation conducted by Nebeus or the competent authorities.
These obligations apply in compliance with Law 10/2010, Regulation (EU) 2023/1114 (MiCA), and other applicable anti-money laundering and counter-terrorist financing regulation.
Whilst Nebeus endeavours to ensure the continuous availability of the Platform, you acknowledge and accept that its functionality depends on external systems, including blockchain networks, payment processors, and telecommunications infrastructure.
Transactions may experience delays owing to blockchain congestion or third-party network issues, for which Nebeus assumes no liability.
Nebeus does not guarantee uninterrupted access and shall not be liable for service interruptions caused by failures or delays in such systems, provided reasonable mitigation efforts are applied.
The User understands that certain events, such as forks, network attacks, or severe congestion, may affect the execution or settlement of operations without this implying any negligence on the part of Nebeus.
You may request the closure of your Nebeus account at any time, provided the account is in good standing and the following conditions are met: (i) all transactions are completed and settled; (ii) there are no outstanding commissions, debts, or charges; (iii) the account is not subject to legal blocks, compliance reviews, or regulatory investigations; and (iv) the account balance is zero.
A closure request may be initiated from the “Account Settings” section of the Platform or by contacting Nebeus Support by email. In both cases, your identity will be verified through security protocols, including two-factor authentication and, if required, additional documentation.
If you do not use the mobile application, you will be required to submit a valid identity document and a recent utility bill or financial correspondence (issued within the last three months) confirming your full name and address.
In the case of legal entity accounts or legal representations, documentation evidencing the formal termination or revocation of the representation must be provided.
Following verification, you will receive written confirmation of the closure. Any remaining funds must be withdrawn within 48 hours. If the balance is not claimed, the funds will be transferred to Nebeus’s unclaimed funds account and managed under these Terms.
Once closure is finalised, your access to the Platform and associated services will be revoked. You are solely responsible for notifying third parties of the closure of your account.
Nebeus will retain account-related data for a period of ten (10) years in accordance with applicable Spanish legislation, including the GDPR and anti-money laundering regulations. Such data will be stored securely and used exclusively for legal, regulatory, and audit purposes.
Nebeus reserves the right to suspend, restrict, or terminate your access to the Platform and associated services without prior notice in the following circumstances: (i) breach of these Terms or applicable laws or regulations; (ii) failure to complete verification procedures or outstanding document requests; (iii) reasonable suspicion of fraudulent, unlawful, or unauthorised activity; or (iv) legal, regulatory, or judicial obligation to act.
If your account holds a balance at the time of termination, funds or digital assets will be returned in accordance with applicable law, less any outstanding fees, penalties, or costs.
Where permitted by law, Nebeus will inform you of the reason for the action and may, at its sole discretion, offer you the opportunity to remedy the situation. However, in cases involving legal restrictions or instructions from competent authorities, this information may be withheld.
Termination for cause may result in the forfeiture of rewards, benefits, or promotions. Nebeus reserves the right to freeze or restrict access to remaining assets in compliance with AML/CTF regulations and in response to legal investigations.
We may freeze or restrict access to your account in response to court orders, tax authority requirements, or legitimate government requests.
This clause is governed by the laws of Spain. Any disputes arising therefrom will be resolved by the courts of Barcelona, unless otherwise provided by consumer protection law. The User may submit any complaint relating to the suspension or closure of their account in accordance with the procedure described in these Terms.
Unless otherwise indicated, all communications, notices, or disclosures under these Terms will be made in English or Spanish and may be delivered by email, through the Platform, or by any other means Nebeus deems appropriate. In the event of a formal dispute or conflict, the primary email address registered on the User’s account will be considered the official notification channel. It is your responsibility to keep your contact information up to date and to review all communications.
All deadlines, due dates, and contractual time periods set out in these Terms will be determined by reference to Coordinated Universal Time (UTC), unless expressly stated otherwise. Any ambiguity relating to the computation of time periods or temporal determinations will be resolved exclusively by reference to UTC.
These Terms may be available in several languages for convenience; however, in the event of discrepancy, the Spanish version shall prevail where required by law, in particular in matters under Spanish jurisdiction.
In the event of any discrepancy in the interpretation of regulatory or contractual provisions, the Spanish version shall prevail.
Section headings are for reference only and do not affect interpretation. The singular includes the plural and vice versa, and references to persons include legal entities.
By registering an account, you agree to receive SMS or text messages from Nebeus for service-related purposes, such as:
You must ensure that your mobile number is correct and up to date. Nebeus accepts no liability for undelivered messages owing to incorrect information, telecommunications issues, or device settings.
Message or data rates may apply in accordance with your network operator. You are responsible for any such charges.
You may opt out of non-essential messages from your account settings. However, you cannot deactivate essential messages without closing your account or changing your authentication method.
For quality, security, and compliance purposes, Nebeus may record and store all communications made by telephone, live chat, email, or Platform internal messaging.
By using these channels, you expressly consent to such monitoring and storage, which will be carried out in accordance with applicable data protection regulations and retained for the legally required period.
This practice is based on the Company’s legitimate interest in ensuring service quality and compliance with its obligations pursuant to Article 6(1)(f) of the GDPR.
To the extent permitted by law, Nebeus retains a lien over any digital or fiat funds held on the Platform to cover amounts owed by the User, including commissions, penalties, or liabilities, without prejudice to the User’s right to submit a complaint to the competent authority.
Nebeus may exercise this right without prior notice, by setting off such amounts against the User’s available balance, including the liquidation of digital assets or the withholding of disbursements, unless prohibited by law. These actions will be recorded and notified to the User once executed.
The User may request a review of the exercise of this right through the complaints procedure described in clause 42.
This right may only be applied to assets whose ownership has been previously verified in accordance with our KYC/KYB policies.
You acknowledge and agree that use of the Platform and the services provided does not create any fiduciary, advisory, or representative relationship between you and Nebeus. Nebeus does not act as your agent, fiduciary, or financial adviser, and owes you no fiduciary duty, unless the service provided expressly entails advice under the relevant regulation.
All services are provided on an execution-only basis, unless expressly stated otherwise in product-specific documentation. You are solely responsible for assessing the suitability and legal implications of any transaction carried out through the Platform.
The User acknowledges that all decisions relating to the purchase, sale, or custody of crypto-assets are made autonomously and at their own risk. Any information provided by Nebeus is for informational or operational purposes only and does not constitute investment advice.
To the maximum extent permitted by applicable law, Nebeus disclaims all liability for direct, indirect, incidental, special, punitive, or consequential damages, including, without limitation, loss of profits, revenue, data, business opportunities, reputation, or anticipated savings, arising from or related to:
Nebeus provides the Platform and its services “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, and without prejudice to the non-waivable rights available to consumers under applicable law.
Save in cases of gross negligence or wilful misconduct, Nebeus’s total aggregate liability for claims arising under these Terms shall not exceed the lesser of the following amounts:
Nebeus likewise does not guarantee the suitability, profitability, or outcome of any operation carried out through the Platform, in particular those relating to risk products, volatile digital assets, or unregulated markets.
This limitation of liability will apply only to the extent it does not conflict with consumer protection regulation, including the Consolidated Text of the General Law for the Defence of Consumers and Users. The User acknowledges that use of the Platform entails acceptance of the risks inherent to crypto-assets, in accordance with the general risk warning published by the CNMV and the Banco de España.
Nothing in these Terms shall operate to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
By using the Platform and transacting in digital assets, you acknowledge and accept the risks inherent to crypto-asset markets, including, without limitation:
These risks are disclosed in compliance with Regulation (EU) 2023/1114 (MiCA) and are deemed to be accepted by the User upon use of the Platform.
Crypto-assets are not backed by any central authority and may not be subject to the same consumer protections as traditional financial instruments. Their value may be affected by speculation, technological changes, hard forks, or decisions of external networks beyond Nebeus’s control.
Furthermore, crypto-assets are not covered by deposit guarantee schemes or investor compensation schemes within the European Economic Area, meaning that in the event of loss, the compensation mechanisms applicable to banking products do not apply.
Nebeus does not offer investment advice, portfolio management, or financial recommendations. You are solely responsible for assessing whether a crypto-asset transaction is appropriate for your financial situation and risk tolerance.
Use of the Platform does not guarantee profits or prevent losses. Past performance is not indicative of future results. You should never invest or transact more than you can afford to lose.
By accepting these Terms, you acknowledge having read and understood this risk warning clause and expressly declare that you are not relying on any representation, warranty, or promise made by Nebeus in relation to the profitability of digital assets or market performance.
You undertake not to use the Platform or its services in any manner that violates these Terms, applicable law, or the rights of third parties. Prohibited activities include, without limitation:
These activities are expressly prohibited under Regulation (EU) 2023/1114 (MiCA), Law 10/2010 on the prevention of money laundering and terrorist financing, and other applicable national and international regulation.
Breach of this section may result in immediate account suspension or termination and, where necessary, referral to the competent authorities.
Nebeus will cooperate fully with the competent authorities, including the CNMV, SEPBLAC, Europol, or any international regulatory body, providing information and documentation as required by law.
You agree to defend, indemnify, and hold harmless Nebeus, its affiliates, directors, employees, agents, and service providers from and against any claim, damage, loss, liability, cost, or expense (including reasonable legal fees) arising from or related to:
This indemnification obligation shall survive the termination of your account or your relationship with Nebeus.
This obligation applies to the extent permitted by Regulation (EU) 2023/1114 (MiCA), Regulation (EU) 2016/679 (GDPR), and other applicable Spanish and European regulation.
For reasons of security, regulatory compliance, and liquidity management, Nebeus reserves the right to apply extended processing times to withdrawal requests exceeding certain thresholds, whether in fiat or crypto-assets. These thresholds may vary depending on risk factors, transaction type, jurisdiction, or account history. By submitting a high-value withdrawal request, you acknowledge and accept that:
You will be notified by email or via Platform messages if your request requires additional verification or falls within the extended processing protocol. Nebeus shall not be liable for losses, penalties, or third-party fees occasioned by these timeframes.
By using Nebeus’s services, you acknowledge that crypto-assets are subject to risks related to blockchain protocols, including but not limited to: (i) hard or soft forks; (ii) smart contract vulnerabilities; (iii) network congestion, delays, or failures.
In such cases, the User accepts and acknowledges that Nebeus will determine, at its sole discretion, whether and how to provide support in relation to forks or asset recovery. Not all events are technically or legally recoverable. Nebeus is not obliged to provide support or compensation for tokens, forks, or features that arise without prior notice or market consensus.
The User acknowledges that participation in blockchain networks involves operational risks beyond Nebeus’s control, and that Nebeus shall not be liable for the loss of assets arising from forks, network bugs, incompatibilities, or unilateral protocol changes. This exclusion shall apply unless wilful misconduct or gross negligence on the part of Nebeus is demonstrated.
You are solely responsible for determining, declaring, and meeting any tax obligation arising from use of the Platform, including but not limited to income tax, capital gains tax, VAT, or other applicable taxes depending on your country of residence or other relevant jurisdictions.
Nebeus does not provide tax advice and assumes no liability in respect of your individual tax obligations. We recommend consulting a qualified tax adviser to assess your obligations arising from digital asset transactions, loan interest, renting programme income, staking rewards, or other financial activities carried out through the Platform.
Where the law requires Nebeus to withhold or report tax information (e.g. under Spanish, European, or international standards such as the Common Reporting Standard – CRS or DAC7), you undertake to provide all necessary information and documentation. This includes, without limitation, your tax identification number (NIF), certificates of residence, or beneficial ownership declarations.
Where required by law, Nebeus may: (i) withhold taxes on payments or interest generated under specific programmes (such as renting or lending); (ii) report your activity to the tax authorities; (iii) issue annual tax withholding certificates.
Failure to comply with these obligations or to cooperate may result in service restrictions, account suspension, or notification to the authorities.
These obligations are interpreted in accordance with the European framework for automatic exchange of tax information established by the DAC7 Directive and the Common Reporting Standard (CRS), and are implemented in compliance with the tax due diligence requirements applicable to crypto-asset service providers under MiCA.
Certain income generated through the Platform — specifically through the FTM Renting Programme — is subject to tax withholding in Spain under Law 26/2014 (amending Law 35/2006 on Personal Income Tax). A withholding rate of 19% may apply to gross income generated. Nebeus will deduct and remit this tax to the Tax Agency (Agencia Tributaria) in accordance with current regulation.
A Tax Withholding Certificate, valid for submission to the Agencia Tributaria (AEAT), will be issued upon request. To obtain one, please contact info@nebeus.com with your account details and relevant information. The standard processing time is five to seven Business Days.
This withholding does not exempt users from other tax obligations, and they must comply with any additional reporting or filing requirements in their jurisdiction.
In all other cases where no withholding is applied, Nebeus will make available to Users an Annual Income Report, setting out the amounts generated through the Platform during the relevant tax year, for informational and voluntary filing purposes only.
This withholding and reporting framework does not exempt the User from their general tax obligations; the User remains in all cases responsible for complying with any additional declaration or filing requirements in their jurisdiction.
Nebeus assumes no liability for tax obligations arising in jurisdictions other than Spain. The User is fully responsible for reporting and complying with such obligations in their country of residence or where they have a tax obligation. Any document issued by Nebeus is provided solely for informational purposes and at the User’s responsibility.
These Terms, together with all policies, service-specific terms, notices, and disclosures incorporated herein by reference, constitute the entire agreement between you and Rintral Trading, S.L.U., trading as Nebeus, in relation to access to and use of the Platform. They supersede and replace any prior agreement, representation, or understanding — oral, written, or implied — on the same subject matter.
You acknowledge that no information or advice obtained from Nebeus or through the Platform shall give rise to warranties or representations not expressly contained in these Terms. No party shall be bound by statements not formally incorporated herein.
Nebeus may assign or transfer its rights and obligations under these Terms to any affiliate, legal successor, or partner involved in the provision of regulated services, including white-label arrangements. Such assignments may be made without prior notice or consent, provided they do not prejudice your legal rights under applicable law.
You may not assign or transfer your rights or obligations without the prior written approval of Nebeus. Any attempt to do so shall be void.
The version of these Terms published on the Platform is deemed to be the most current and legally binding. In the event of conflict between translated versions, the English version shall prevail, unless otherwise required by law.
Electronic communications, records, and consents associated with use of the Platform shall have the same legal validity as handwritten documents, in accordance with Regulation (EU) No 910/2014 (eIDAS).
If any provision is declared invalid or unenforceable, the remaining provisions shall continue in force.
In the event of conflict between these Terms and applicable regulation, the mandatory provisions of Regulation (EU) 2023/1114 (MiCA) and other applicable rules for crypto-asset service providers in Spain shall prevail.
Nothing in these Terms limits Nebeus’s right to comply with its legal or regulatory obligations under Spanish law, MiCA, or other applicable regulatory frameworks.
Nebeus shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure is caused by circumstances beyond its reasonable control, including but not limited to:
In such cases, Nebeus will take reasonable steps to mitigate the impact and resume the service as soon as possible. If the event persists for more than thirty (30) consecutive days, it may suspend or terminate the affected service without liability.
Such events do not release the User from their pending obligations, including the payment of fees or completion of verifications.
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, will be removed without affecting the validity of the remaining provisions.
This provision shall be interpreted in accordance with Articles 1281 et seq. of the Spanish Civil Code, preserving, to the extent possible, the original intention of the parties.
Any failure or delay by Nebeus in exercising any right under these Terms shall not constitute a waiver of that right. No waiver shall be valid unless made in writing.
Any provision of these Terms which by its nature should survive the closure of an account or termination of the agreement shall remain in force. This includes, without limitation, provisions on data retention, confidentiality, intellectual property, limitation of liability, and dispute resolution.
These Terms, together with product-specific terms or service agreements, are version-controlled and archived for audit and compliance purposes. Nebeus may register these Terms in the Spanish Registry of General Contracting Conditions (Registro de Condiciones Generales de la Contratación) in accordance with Law 7/1998.
Users may request access to previous versions or certified copies for use as evidence in legal disputes.
Nebeus reserves the right to amend, update, or replace these Terms of Use at any time to reflect changes in applicable law, regulatory guidance, technological developments, service offerings, risk policies, or operational requirements.
Any material amendment will be communicated in advance by means of a prominent notice on the Platform, by email, or through any other appropriate communication channel. Unless otherwise required by law or regulation, such changes will take effect no sooner than 14 calendar days following their publication.
In cases where regulatory updates or legal obligations require immediate implementation, Nebeus may adopt changes without prior notice. In such cases, the User will be informed as soon as reasonably practicable after the change takes effect.
Nebeus reserves the right to modify, suspend, or permanently discontinue any specific service, feature, or product at any time, owing to regulatory changes, market conditions, or strategic considerations. Where feasible, affected Users will be notified in advance. Nebeus shall not be liable for inconvenience, lost opportunities, or claims arising from the discontinuation of a service, provided the decision is taken in good faith and in accordance with applicable law.
Nebeus is committed to providing high standards of customer service. If you are dissatisfied with any aspect of the services provided, you may submit a formal complaint by contacting us at info@nebeus.com or by raising a support ticket on the Platform, selecting “Product: Nebeus Account” and “Request Type: Complaint”.
To facilitate a prompt resolution, please ensure your complaint includes: (i) your full legal name and valid contact details; (ii) your Nebeus account identifier; (iii) a clear description of the issue and relevant dates; (iv) any supporting evidence (e.g. receipts, screenshots); and (v) the resolution sought.
Upon receipt, acknowledgement of the complaint will be provided and an internal investigation commenced. Nebeus endeavours to resolve all complaints within 60 Business Days.
In exceptional cases, where the matter is complex or additional information is required, the resolution period may be reasonably extended. In such cases, the Customer will be informed in writing of the reasons for the delay and the estimated timeframe for resolution.
Complaints are handled by the Customer Support and Service team in accordance with our Internal Complaints Resolution Policy and applicable law. In escalated cases, the Chief Legal Officer (CLO) may intervene directly.
All complaint-related data will be retained securely for three (3) years, or longer if required by law or a regulatory investigation. After this period, the data will be securely deleted or anonymised.
Nebeus undertakes to handle all complaints impartially and in good faith, providing clear information on the status and outcome of each case.
If no resolution is reached and unless consumer protection law provides otherwise, any dispute may be submitted to the exclusive jurisdiction of the Courts of Barcelona, Spain.
Furthermore, and without prejudice to the courts indicated as competent, the User may opt for alternative dispute resolution mechanisms or the European Union’s Online Dispute Resolution (ODR) system, where applicable and as required by consumer protection rules.
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to its conflict of laws principles. Unless a consumer protection law provides otherwise, any dispute, claim, or controversy arising from or related to these Terms, the Platform, or the services provided shall be submitted to the exclusive jurisdiction of the Courts of Barcelona, Spain.
Nothing in this clause shall prevent Nebeus from seeking interim or provisional measures in any jurisdiction where necessary to protect its rights or prevent irreparable harm.
Nebeus may offer optional promotional initiatives, such as referral programmes, loyalty schemes, or special campaigns. Participation in such programmes will be entirely voluntary and subject to their own terms and conditions, which will be made available to the User in advance.
Acceptance of these specific terms is a prerequisite for benefiting from the promotions. Nebeus reserves the right to modify or cancel such initiatives without prior notice where there are legal, technical, or business reasons justifying such action.