TERMS AND CONDITIONS OF USE OF THE MACADAM PLATFORM

(Last Update: January 2025)

INDEX

1. LEGAL NOTICE

2. INTRODUCTION

3. DEFINITIONS

4. REGISTRATION AND USER ACCOUNT

4.1. Macadam App Access Requirement

4.2. Account Creation

4.3. Account Security

4.4. Account Suspension or Closure

5. USE OF THE APPLICATION

5.1. Application and functionalities

5.1.1. Earning and accumulating Coins

5.1.2. Macadam Classification (Ranking)

5.1.3. Status on Macadam

5.1.4. Rewards

6. PROPER USE OF THE MACADAM PLATFORM

6.1. User behavior

6.2. Prohibition of Use

6.2.1. Unauthorized use and manipulation

6.2.2. Fraudulent and deceptive conduct

6.2.3. Prohibited and malicious content

6.2.4. Commercial purposes

6.2.5. Compliance with laws and regulations

6.3. User Generated Content

7.​ CONTRACTUAL BREACH OF TERMS AND CONDITIONS. SUSPENSION, RESTRICTIONS

AND CONTRACTUAL TERMINATION

7.1. General Rules

8. INTELLECTUAL PROPERTY

8.1. Copyrights

8.2. Trademarks

8.3. Use of Content

9. LIMITATION OF LIABILITY

9.1. Exclusion of Liability

9.2. Limitation of Damages

9.3. Limitation of Total Liability

9.4. Elements of Evidence

9.5. Legal Exceptions

9.6. No medical or health advice

9.7. Partners links and services

10. DAMAGES AND LOSSES

10.1. Compensation

11. APPLICABLE LAW AND JURISDICTION

11.1. Applicable Law

11.2. Competent Jurisdiction

12. GENERAL PROVISIONS

12.1. Referral to the Privacy Policy

12.2. Languages

12.3. Complete Agreement

12.4. Divisibility

12.5. Waiver

12.6. Dispute Resolution and the European Dispute Resolution Platform

12.7. Modifications to the Terms and Conditions

12.8. Closing and Maintenance

12.9. Assignment

12.10. Complaints and/or claims

12.11. Contact

1.​ LEGAL NOTICE

In compliance with the duty of information set forth in article 10 of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), the following general information is provided:

The ownership of the Macadam Website and the Macadam Application corresponds exclusively to the Spanish company MACADAM TECHNOLOGIES, S.L., with Tax Identification Number (N.I.F.) B44845337 and a Share Capital of 3,000 euros. It is registered in the Commercial Register of Barcelona under Volume 48762, Folio 113, Sheet B 595293. You can contact us at any of the addresses indicated in Clause 12.11 of 'Contact' section.

Hosting Services Partner (Website): Google Cloud EMEA Limited. Velasco, Clanwilliam Place, Dublin 2, Ireland, Tax Identification Number (T.I.N.): IE3668997OH.

Users are informed that all prices indicated on the Macadam Website or on the Macadam Application do not include taxes unless expressly stated otherwise.

Similarly, Users are informed that all rewards indicated on the Macadam Website or on the Macadam Application do not include taxes that may be applicable. Appropriate withholdings and deductions may apply, and the User is solely responsible for any resulting taxes, fees, or similar obligations.

2.​ INTRODUCTION

Welcome to the Terms and Conditions of Use of the Macadam Platform. The Macadam Platform consists of the Macadam Website and the mobile Application Macadam – Walk And Earn.

The goal of Macadam is to support Users on their journey toward physical activity and to reward them for every step they take. Under no circumstances should it be regarded as a source of income or professional earnings.

These Terms and Conditions establish the conditions under which Users may use the Macadam Platform, its services, and associated functionalities.

Access to our services is limited to strictly personal and private use. Macadam is not responsible for the procedures that may be applied to obtain or receive rewards (declarations, taxes, etc.). Therefore, the use of the Application in a professional, commercial, or for the

benefit of an activity competing with Macadam is prohibited. Any breach of this provision may result in the closure of the Account.

Macadam tracks the User's steps using activity tracking technology on their mobile phone and, as an incentive, awards virtual coins and rewards based on the physical activity they engage in. In addition to this main feature, Macadam offers various functionalities aimed at enhancing the User's experience and promoting an active and healthy lifestyle.

We invite the User to explore Macadam and discover how it can help them achieve their physical activity goals while having fun and earning rewards.

If you have any questions about these Terms and Conditions, please do not hesitate to contact us through the support channels provided.

Thank you for joining the Macadam community!

3.​ DEFINITIONS

In the context of this document, the terms and expressions listed below shall have the meanings assigned to them herein, unless the context clearly indicates otherwise:

3.1.​ "Account" or "User Account": The profile created by the User that is necessary to access and use the Application, after having accepted the Terms and Conditions. It may contain relevant information and Personal Data.

3.2.​ "Applicable Legislation": The set of laws and regulations of Spain, as well as any other imperative rules that are applicable due to the use of the Application.

3.3.​ “Automatic Cashback”: A specific type of cashback and functionality as described in Clause 5.1.1.

3.4. “Automatic Cashback Privacy Policy”: Refers to the specific privacy policy governing the processing of Personal Data in relation to the Automatic Cashback. The contents of the Automatic Cashback Privacy Policy can be found at the following link and form an integral part of these T&C.

3.5. “Automatic Cashback Terms and Conditions”: The document thatsets forth the rules, rights, and obligations governing the use of the Automatic Cashback in the Macadam Application. This document can be found at the following link and form an integral part of these T&C.

3.6.​ “Cashback”: This functionality shall have the meaning provided in Clause 5.1.1 of these Terms and Conditions in Section “Cashback”.

3.7.​ “Coins”: Refers to virtual coins - accumulative points - without legal currency value, payment instrument or service that can be exchanged for Rewards within the Application. The Application allows Users to earn and accumulate these coins based on the actions or promoted functions they perform in the Application. The use of these is reserved solely and exclusively within the Application.

3.8.​ "CoinsBalance": Refers to the balance of Coins accumulated in the User Account and displayed in the Application. It is not a bank account, nor a payment instrument or service. It cannot be refunded in cash or exchanged for any other potential monetary equivalent. At any point Macadam will engage a debt towards the User.

3.9.​ "Content": All text, graphics, images, music, software, audio, video, information, or other materials generated, provided, or otherwise made available through the Macadam Platform.

3.10.​ "Friend": Refers to any person who meets the requirements to use the Application in accordance with these Terms and Conditions, and in particular those described in Clause 5.1.1 of these T&Cs, in the Section “Referring the Application to Friends” use the Referral Code and benefit from the functionality "Refer a Friend!".

3.11.​ "Interactive Map": Refers to the map provided by the "Explore your city!" functionality and shall have the meaning ascribed in Clause 5.1.1 of these Terms and Conditions in the Section “Interactive Map”.

3.12.​ "IntellectualProperty": Includes, without limitation, all copyrights, trademarks, designs, patents, trade names, trade secrets, and any other intellectual or industrial property rights.

3.13.​ "InvitedFriend": Refers to the Friend who has received and used the Referral Code for the creation of their Account.

3.14.​ “Macadam Application,” “Macadam App,” or “Application”: Refers to the Macadam mobile application - Walk and Earn, downloadable on iOS and Android smartphones, owned by MACADAM TECHNOLOGIES, S.L., including all its features, interfaces, contents, and codes that are part of the Application.

3.15.​ “Macadam Platform”: This refers jointly to the Macadam Application and the Macadam Website, as defined in this glossary.

3.16.​ "MacadamWebsite": Refers to the website .

3.17.​ "Parties": Refers to both the User and Macadam, collectively or individually, as appropriate to the context.

3.18.​ “Partners”: It refers to external companies who make available to the User or promote in the Application various products, services, or functionalities whose acquisition, use, or visualization may result in the earning of Coins, subject to the eligibility requirements and conditions established by the Partners at any given time. It will be necessary to expressly and previously accept the terms and conditions determined by each of the Partners in order to access their services.

3.19.​ "Personal Data": Any information relating to an identified or identifiable natural person that the User provides or that is collected by the Application during its use.

3.20. “PrivacyPolicy”: Refers to how Macadam will handle your Personal Data, the contents of which can be found at the following link. The Privacy Policy is an integral part of these Terms and Conditions.

3.21.​ "ReferralCode": Refers to the code generated by the "Refer a Friend!" functionality to invite friends to register in the Macadam Application. It is subject to the conditions set forth in the “Referring the Application to Friends” section of these T&Cs.

3.22.​ "Rewards": Amount of money, promotional codes, support for charitable or associative projects, or other types of Rewards that the Application offers to the User through the exchange of the Coins obtained in the Application through its various functionalities.

3.23.​ “Service": Set of functionalities offered by the Application, including, but not limited to, the recording of User steps and location, as well as the associated Rewards system.

3.24.​ “SubPartner": Refers to external companies that Partners promote to. These may appear, for example, when the Partner is an aggregator of external companies. In these cases, the User must accept the terms and conditions of both the Partner and the SubPartner. The generic reference to Partner will also include the SubPartner.

3.25.​ “Terms and conditions” or “T&C”: The content of this document. All Terms and Conditions applicable to the Macadam Application shall equally apply to the Macadam Website, unless they conflict with a special policy of the aforementioned website.

3.26.​ “US"/“WE”/“Ourselves” or "Macadam,": Refers to the Spanish company MACADAM TECHNOLOGIES, S.L., with Tax Identification Number (T.I.N.) B44845337 and registered address at Diagonal, 472, 6-4, 08005 Barcelona. It is registered in the Commercial Register of Barcelona under Volume 48762, Folio 113, Sheet B 595293.

3.27.​ "User" or “You”: Any individual who creates an account on the Application and/or uses the Macadam Website.

Any reference in these Terms and Conditions to one gender shall include all genders, and words denoting the singular shall include the plural and vice versa.

4.​ REGISTRATION AND USER ACCOUNT

4.1.​ Macadam App Access Requirement

• Mobile Phone with Pedometer, Internet Access, and Updated
• : To use the Macadam Application, the User needs a recent iOS or Android phone with a functioning pedometer and internet service. The Application may not work or may not work optimally if the version of your phone or operating system is not compatible with the latest version of the application available on Google Play and Apple Store. The User is responsible for downloading the latest version. Macadam is not responsible for any damage caused by malfunctioning of a previous version.

• Downloading the Macadam Application and Gratuitousness
• : You can download Macadam on your phone from the Apple App Store or Google Play Store. In each case, you agree to the rules/conditions of use of the services established therein by Apple or Google. The download and use of the Application are free (excluding the costs of internet connection and telecommunications necessary and borne by the User). However, Macadam does not guarantee that the Application and/or all its present or future functionalities will be permanently free. If general access to the Application becomes chargeable, these Terms and Conditions will be modified and communicated to the User in accordance with Clause 12.7 "Modifications to the Terms and Conditions".

• Creating a User Account
• : To access the Macadam App, the User will need to create a User Account. Registration and use of the Macadam Application are free and reserved for individuals aged fifteen (15) years or older. By creating an account in the Application, the User declares and warrants to be fifteen (15) years of age or older. Macadam reserves the right to request any document proving the identity and age of the User. In any case, the User must be of legal age to accept these Terms and Conditions according to the laws of your country of residence. Also, if Users are minor under the laws of its nationality and/or those applicable to these Terms and Conditions, they have to make sure that one of their parents or legal guardians has reviewed and accepted these terms on his behalf. Nevertheless, certain features of the Application may only be available to individuals over 18 years of age, in which case Macadam reserves the right to verify the age of the User.

• Acceptance of the Terms and Conditions of the Macadam App and the Privacy Policy
• : During the Account creation process and to access the Application, it will be mandatory for the User to accept these Terms and Conditions expressly and previously. By creating the Account and expressly accepting the Terms and Conditions, the User confirms having carefully read, understood, and fully accepted them, without reservation. If you do not agree with these Terms and Conditions or cannot or do not want to comply with them, please refrain from using the Application or accessing the Macadam Website or any other service provided by us. The Privacy Policy is an integral part of these Terms and Conditions and can be found at the following
• link
• .

• Allowing the Application to collect data from the User's phone such as step count and
• geolocation:
• We request your consent to collect this data. Unfortunately, if you do not grant us access to this data, we will not be able to provide our Services to you, or they will be limited to certain functionalities.

4.2.​ Account Creation

To access the Macadam Application, you need to register within the Application. During the registration process, you will only need an email address and a password. You should choose an email and a password that you will remember, as you will need them each time you want to access the Macadam Application again.

There is also the option to log in through your Google account. In this case, please note that Google will share with Macadam your name, your email address, and your profile picture, and you expressly authorize us to use them in accordance with our Privacy Policy.

The information provided must correspond to your own identity and shall not be false or inaccurate. You will be solely responsible for any damages that may arise from the inaccuracy of this data.

Please note that to create and use an account on Macadam and utilize any service of the Application, it will be necessary for you to accept these Terms and Conditions expressly and previously, which constitute a legally binding contract between Macadam and the Users of the Application.

If you have any questions or need assistance regarding your account, feel free to contact the Macadam support team.

4.3.​ Account Security

It is your responsibility to maintain the security of your Account and protect your login information. To ensure the security of your Account:

• Do not share your login credentials with anyone.

• Use secure passwords that contain a combination of letters, numbers, and special characters.

• Do not use the same password for multiple accounts.

• Log out of your Account when you have finished using the Application on a shared or public device.

• Keep your mobile device updated with the latest security updates and protection against malware.

If there is any indication that an unauthorized third party has accessed your Account or if there is any indication of misuse of the User Account, they should immediately send an email to . We reserve the right to delete a User Account without prior notice in case of suspicious activities.

4.4.​ Account Suspension or Closure

Once the User has logged in for the first time, a contract between the Parties shall be concluded for an indefinite period, until one of the Parties terminates it in accordance with this Clause.

The termination of the contract, that is, the closure of the Account (elimination), can be initiated by either Party:

• Account Closure by the User: If the User decides that he/she no longer wishes to use the Macadam Application, he/she has the option to close his/her Account at any time. Please note that deleting the Application from the Apple App Store or Google Play Store will not delete your Account. Note that closing your account entails particularly the loss of all your Coins Balance (including those pending validation, i.e. Cashback, Automatic Cashback).

• Account Closure or Suspension by Macadam: Macadam may delete or suspend your User Account in the following situations:

• Inactive Account: To save energy related to the operation of our servers, we reserve the right to deactivate your Account in case of prolonged inactivity. In this case, we will inform you ten (10) days before doing so.

Prolonged inactivity is defined as when the Account has been inactive for 30 days or more. However, the User may reactivate his/her Account as long as the period of inactivity has not exceeded 12 months. This period is counted from the last time the User accessed the Application. After this period of inactivity of 12 months, Macadam may delete his/her Account without any liability whatsoever.

• For breach of these Terms and Conditions: We may suspend or delete your Account and revoke your right to use Macadam immediately without prior notice for any breach of these Terms and Conditions, in particular those established in Clause 6.2 of this T&C.

• Due to decease of the User: The Account will be deleted once the legal documents proving the death of the User have been provided. The content of the Account of the deceased User will be transmitted to the heirs or legatees as determined by the Applicable Legislation as long as there is a judicial resolution that so determines.

Please note that upon eliminating the User Account for any of the situations stated on this Clause 4.4, any unused virtual currency (Coins) of your Balance Coins (including those pending validation i.e. Cashback, Automatic Cashback), Rewards, data, and associated settings in the User Account will be permanently lost upon its closure. That information cannot be recovered in the future.

We will only retain those data that we must keep complying with legal and regulatory obligations; please refer to our Privacy Policy.

5.​ USE OF THE APPLICATION

5.1.​ Application and functionalities

All features of the Application, in particular those through which Coins can be obtained, are subject to requirements that will be always indicated in the Application and may be subject to daily, weekly or monthly limits, validation criteria, such as the purchase of a specific good or product and uncertainty regarding the obtaining of Coins (e.g., Jackpot).

Additionally, the amount of Coins offered to Users may vary according to their characteristics. Macadam does not guarantee at any time the permanent availability of all the functionalities of the Application, nor that the requirements or criteria of each functionality or the algorithms used for the verification of the compliance of the functions will not be modified over time, even being able to withdraw or modify them at its discretion.

The User must take into account that some of the functionalities of the Application such as games or surveys, may be directly provided by the Providers and therefore must accept the Terms and Conditions established at any given time by the Provider, as well as comply with the requirements established at any given time. In these cases, the number of Coins will be transferred to their Coins Balance when the verification process has been successfully completed by the respective Provider and has been communicated to us.

The number of Coins assigned to the User may be subsequently withdrawn from the Coins Balance for various reasons, such as:

• If the User returns all or part of the products after making a purchase.

• If the User accesses the Partners’ website using computer systems not related to Macadam's services.

• If the products purchased or services subscribed to do not meet the validation criteria.

• If the Partner identifies a breach of this T&Cs, including instances where Coins were obtained through fraudulent activities or violations of the T&C, the Coins acquired through such misconduct may be subject to withdrawal.

The main functionalities of the Application are described below. However, this list is not exhaustive, as Macadam reserves the right to add, erase or modify the functionalities, its operation and requirements at any time. However, Macadam will strive to periodically update these Terms and Conditions to reflect any such modifications as far as possible.

5.1.1.​Earning and accumulating Coins

There are different ways to earn and accumulate Coins. Among others:

• Walking or running
• : While you walk or run (whether outdoors, on a treadmill...) with your phone in your bag or pocket at any time of day or night, anywhere in the world. Your phone's pedometer detects movements and records step counts. This step count is transferred from your phone to Macadam every day.

• Interactive Map:
• Through the Application, Macadam provides the User access to an interactive map that shows their real-time location and indicates the place they need to physically visit with their mobile phone to earn a specific number of Coins. Once the User is at the physical location indicated on the Interactive Map to earn Coins, they must confirm their position in the Application to earn them.

• Viewing Partner Ads in the Macadam Application
• : In the Macadam Application, the User will have the opportunity to view different types of ads provided by Partners. Once the User has finished viewing the Ad, the offered Coins will automatically appear in their Coin Balance. There is a daily limit of two (2) views that entitle the User to receive Coins. After the two (2) views, it will be at Macadam's discretion to activate the option to earn Coins through ad views, potentially requiring a certain number of steps to be taken for activation. Please note that some types of ads in the App may not offer Coins to the User.

• Referring the Application to Friends
• : Through this functionality of the Application and with the Referral Code, the User can invite Friends to register in the Application. Through this functionality, both the User and the Invited Friend can receive a certain number of Coins offered in the Application. However, receiving the Coins by the User is subject to the Invited Friend making specific use of the Application and accumulating a certain number of Coins after creating their Account.

• Fulfilling Challenges:
• There are various challenges proposed within the Application. These could include, for example, liking an Instagram page or simply completing your User profile. Once you have completed the corresponding challenge, the amount of Coins offered will automatically appear in your Coin Balance.

• Completing Surveys:
• Our Partners will make available to the User various types of surveys and polls to earn Coins. The number of Coins and the conditions for receiving them are determined by each Partner. The User must accept the terms and conditions of the respective Partner before completing the Survey.

• Playing Games:
• The Application offers the opportunity to earn Coins by playing for a certain amount of time and/or achieving and/or completing certain "levels," "victories," "milestones," or "tasks" in games from Partners initiated through the Application. The User must accept the terms and conditions of the respective Partner before starting the games.

• Tap Joy

• Make Money Wall

• Farly

• AppsPrize

• Playtime (Adjoe)

• Cashback:
• The Cashback program operates on an individual Partner basis. To take advantage of Cashback, the User selects an eligible business for Cashback from the list of Partners and makes the Purchase through the Partner's website, which is accessed from the Macadam Application. It is important to note that if the User does not access the Macadam Application first or accepts the Privacy/Cookies policy of the Partner, he/she will not be able to receive the Coins.

(i)​Pending: The Cashback has been triggered but is waiting for validation (30-90days);

(ii)​Validated: The Cashback has been confirmed and is available into the Coins Balance;

(iii)​ Cancelled: A Cashback may be cancelled if a technical issue is detected or if there is an associated (partial or total) return of the Purchase during the validation period.

Some examples of Partners and Cashback available are:

• Nike: 80 Coins per euro spent or 60 coins per euro spent on sale products.

• Hello Fresh: 9,000 Coins per new subscription.

• Casa del Libro: 50 Coins per euro spent.

• Sky Showtime: 5,000 Coins per new subscription.

• Samsung: 48 Coins per euro spent.

• Zurdos: 40 Coins per euro spent.

• AutomaticCashback
• : The Application, with the intervention of Powens, an European Registered Account Information Service Provider (AISP) offers the User the possibility to connect its bank account and benefit from Automatic Cashback functionality.

5.1.2.​Macadam Classification (Ranking)

In the Application, a public ranking of accumulated Coins is published. This ranking is accessible to all Users of the Macadam App. This ranking is indicative and is automatically generated without any verification of usage. It does not entitle to any automatic reward.

The ranking may entitle to Rewards when indicated in the Application, however, we will verify the number of points and how they have been accumulated to remove any User from the ranking who has engaged in prohibited behavior (such as cheating).

In any case, you cannot consider your ranking as granted until we have contacted you to provide your final ranking at a specific time, and the possible consequences (rewards or others) of this ranking.

5.1.3.​Status on Macadam

The Application allows ranking its Users into different levels using a crown system. In this regard, there are three different levels: Bronze, Silver, and Gold.

By default, all Users will be placed in the Bronze level. Through the crown system, the User can move from one level to another. Crowns can be obtained using various features of the Application (playing minigames, taking surveys, social functions, etc.).

Each level grants the User additional benefits and unlocks exclusive offers and discounts so that the User can obtain greater or faster Rewards with the use of their Coins.

The Status and associated benefits have a limited duration of 3 months from the acquisition of the same, that is, from having achieved the level. If you do not achieve a higher status during that period, you will return to the initial Bronze Status. Also, in the case

of reaching Gold Status, once the 3-month duration expires, you will return to the initial Bronze Status.

Please note that certain features of the Application required to change Status may be subject to payment, and access to them may be limited exclusively to Users who have paid the corresponding fees. Macadam reserves the right to modify, update, or remove these features, as well as to adjust the conditions of access to them at any time and without prior notice.

5.1.4.​Rewards

With the conversion of the Coins obtained in the Application, the User can receive Rewards of different types, among others, those indicated in this Clause 5.1.4. Access to the Rewards requires a certain amount of Coins Balance and will be subject to the fulfillment of certain requirements as indicated in the Application (e.g. limited period, maximum number of Users, quantities, age of majority, or prior purchase of a product or service). Likewise, the nature of the Rewards will be indicated in the Application, and they may only be temporarily accessible, as well as modified or eliminated by Macadam at any time, without the need to explain the reason and without incurring any liability.

The Coins can only be used to obtain Rewards for the User. Macadam will not be responsible for the use that the User makes of their Coins Balance, nor for the Rewards that they choose. The categories and nature of the Rewards may change at any time and at Macadam's sole discretion.

Coins are not legal currency and have no value or use beyond what is mentioned.

The User accepts that Macadam is not responsible for the functionalities, products, services or other benefits offered as Rewards in the Application and provided by Partners. The User understands that Macadam does not guarantee the quality, proper functioning or safety of the goods, services or other benefits available on the Application. In addition, Macadam assumes no responsibility for any returns, exchanges or refunds related to the Rewards offered on the Application.

In the event that any of the Rewards previously unlocked by the User is not available for any reason, Macadam reserves the right to re-credit the User with the Coins used or replace them with a reward of the same value and equivalent characteristics, without any additional liability.

Before granting any Reward, we reserve the right to verify the Users use of the Application and their compliance with these T&Cs. In case of non-compliance, and especially in case of cheating, we reserve the right to refuse to grant a Reward.

5.1.4.1.​ Bank Transfers Transferencias Bancarias

To be eligible for a bank transfer, you must have earned a certain amount of Coins as defined by us in the Application and have a European bank account held by the User, as stated in the Certificate of Bank Ownership that We will request for that purpose and be of legal age to create an Account and receive payment. Additionally, we also offer payments via PayPal and provide gift cards as alternative options.

To receive the bank transfer, the User must:

(i)​ Make his/her transfer request in the App;

(ii)​ Our teams process this request and verify that the Reward has been earned in accordance with the present T&Cs.

(iii)​Once our team has validated the User's request, he/she will be asked to transmit his/her information in a secure interface (ID photo and bank account where he/she wishes to receive his/her money).

(iv)​The bank transfer is made through our REVOLUT bank. Only European bank accounts are accepted.

(v)​ Macadam staff will never have access to the identification and bank account details for other purposes. They are only kept as evidence in case of dispute (e.g. to prove that we have made the payment on the IBAN submitted).

REVOLUT is a regulated payment institution, approved and supervised by the French Prudential Supervision and Resolution Authority (ACPR) and the Autorité des Marchés Financiers (AMF), the Bank of Spain in Spain under registration number 1583, and the Comisión Nacional del Mercado de Valores (CNMV). More information:

Additional costs may apply and will be specified in the Application prior to any payment.

We reserve the right to withhold or block a wire transfer at our own discretion in case of suspected fraud.

In no case shall a bank transfer from Macadam to the User be considered as a salary.

The User is fully responsible for the veracity of the bank and identity data provided, as well as for any tax declaration required by the Applicable Legislation in relation to the bank transfers received by Macadam. The User is informed that it is not the responsibility of Macadam to carry out checks on the bank documentation received, and Macadam is not responsible for any type of incorrectness or error in relation to the same. The completion of the transfer to the indicated bank account shall release Macadam from any liability.

5.1.4.2.​ Promotional Codes

The promotional codes obtained through the conversion of Coins are provided by our Partners, and we do not have control over what is offered. A Partner may decide to withdraw or modify a promotional code at any time, at their sole discretion, and Macadam cannot be held responsible for this.

The promotional codes will be used on the Macadam Website, the Application, or the Partner's stores, or any other method provided in the Application.

We do not offer any guarantee about the products and services provided by third parties resulting from the use of a promotional code. The legal conditions and warranties of the Partners will apply.

5.1.4.3.​ Support for charitable or associative projects

When you donate your Coins to a charitable or associative project, all your donations will be delivered to the organizing association once the fundraising goal has been reached, minus the processing, marketing, and administrative costs of the operation (whether they are the costs of the association or the costs of Macadam).

If the funds cannot be paid to the organizing association for any reason, Macadam reserves the right to pay the funds to another association of its choice and will inform interested Users accordingly.

6.​ PROPER USE OF THE MACADAM PLATFORM

6.1.​ User behavior

The User agrees to use the Macadam Platform in a fair way and in accordance with the law, morality, good customs, and public order, avoiding any action that may harm the functionality, integrity, or security of the Macadam Platform, its systems, or other Users.

The User will not use the Macadam Platform for any illegal, fraudulent, or malicious purposes, nor will her/she violate the privacy or Intellectual Property rights of third parties.

6.2.​ Prohibition of Use

The User agrees to:

6.2.1.​Unauthorized use and manipulation

6.2.1.1.​ Not access, interfere with, manipulate, or use non-public areas of the Macadam Platform, computer systems, or associated networks.

6.2.1.2.​ No use, whether knowingly or negligently, Macadam or any of its associated services in a manner that abuses or disrupts our networks, or any other service provided by Macadam, including blocking any advertisements or promotions displayed therein.

6.2.1.3.​ Not use any automated tool or means to access, extract data, or interfere with the functionality of the Macadam Platform.

6.2.1.4.​ Not reverse engineer, decompile, disassemble, attempt to discover the source code of the Macadam Platform, modify, copy, prepare derivative works, in connection with the Macadam Platform or any material and software contained therein.

6.2.1.5.​ Not remove any copyright or other proprietary notices from Macadam or the Macadam Platform or any material and software contained therein.

6.2.1.6.​ Not harvest or collect User data belonging to an individual without their consent.

6.2.2.​Fraudulent and deceptive conduct

6.2.2.1.​ Not use a false identity when creating an account which.

6.2.2.2.​ The User agrees not to provide Macadam with false data, such as falsified GPS coordinates, incorrect physical activity, or altered or foreign receipts. The User undertakes not to use third parties to generate Coins on their behalf.

The User also agrees not to use fraudulent methods to accumulate Coins, such as:

• Simulating steps artificially (using pendulum-like devices, software, etc.);

• Faking geographical locations artificially;

• Generating computational requests to alter physical activity or purchase data;

• Submitting fake or unauthorized receipts.

6.2.2.3.​ Not create more than one User Account or open an Account on behalf of third parties. Only one User Account per person is allowed. The Application and its functionalities are intended for the use of a single individual through a single User Account. Consequently, it is prohibited to use another User's Account, share an Account with another User, or manage multiple User Accounts.

6.2.2.4.​ Not to directly or indirectly disseminate, either by themselves or through third parties, the Referral Code on social networks, websites, forums, AppStore, Google Play, Trustpilot, or any other review publication site or media outlet. This will be considered a breach of these Terms and Conditions and may result in the immediate deletion of the Account, as well as the denial of payment of pending Rewards and the benefits associated with this functionality.

6.2.2.5.​ Not to fraudulently use the functions of the Macadam Platform or engage, directly or indirectly, in any mechanism that allows the User and/or Friend to unfairly benefit from the various benefits of the Application. In particular, the User agrees not to create or use fake profiles or other User Accounts.

Profiles will be considered fake if their behaviors lead us to conclude that they are not backed by a real person, as well as those created specifically to defraud any functionality of the Macadam Platform.

6.2.2.6.​ Do not provide false (including, among others, fake steps or fake friend referrals), misleading, or fraudulent data, directly or indirectly (such as through another application) to Macadam, particularly to increase your number of Coins. Please note that even if Coins are initially added to your Account, we may reserve the right to verify the source of each earned Coin and remove improper Coins from an Account.

Fake steps are considered data provided that, due to their objective characteristics, are impossible, illogical, incongruent, or incorrect.

Fake friend referrals particularly include those that Macadam detects have been used with fake profiles, as defined in the previous clause.

6.2.3.​Prohibited and malicious content

6.2.3.1.​ Not transmit, store, upload, distribute - or incite third parties to do so - on or through the Macadam Platform, any content that is illegal, threatening, harassing, defamatory, obscene, invasive of privacy, racist, xenophobic, or otherwise violates human dignity.

Posting a profile picture or using a Username with this type of content is expressly prohibited.

6.2.3.2.​ Do not use the Application for harmful or malicious purposes, such as hacking or inserting malicious code, including viruses or harmful data, into the Macadam Platform.

6.2.4.​Commercial purposes

6.2.4.1.​ Do not use the Macadam Platform for professional, commercial, or profitmaking purposes or any non-personal purpose. It is strictly prohibited to sell, buy, or exchange Coins for purposes other than those authorized in these T&C and in the Application, as well as to use the Application to promote or engage in unauthorized commercial activities, spam campaigns, or pyramid schemes.

6.2.4.2.​ Do not sell/exchange Coins inside or outside of the Application.

6.2.5.​Compliance with laws and regulations

6.2.5.1.​ Use the Macadam Platform or its associated services in compliance with Applicable Legislation and these Terms and Conditions.

6.2.5.2.​ Do not use the Macadam Platform or its associated services in a way that may infringe upon the privacy, Intellectual Property Rights of Macadam, its image, or other rights of third parties.

Any breach of these obligations constitutes a material breach of the User's contractual obligations under these Terms and Conditions would warrant the limitation of certain functionalities of the Application, the immediate suspension and/or Closure of the Account in accordance with the procedure outlined in Clause 4.4, "Account Suspension or Closure".

6.3.​ User Generated Content

The User can generate content related to their use of the Macadam Platform, such as posting comments, reviews, or evaluations, collectively referred to as "User Generated Content."

The User grants Macadam a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and publicly display such content on the Macadam Platform, for example, for the user's profile picture to appear in the public ranking of Users.

The User warrants that the User Generated Content:

• Does not infringe third-party rights, including intellectual property rights, privacy, and other personal rights.

• Is not legal, obscene, defamatory, offensive, or otherwise inappropriate.

• Is original and belongs to him/her, or he/she has the necessary consent to share it.

7.​ CONTRACTUALBREACH OF TERMS AND CONDITIONS. SUSPENSION, RESTRICTIONS AND CONTRACTUAL TERMINATION

7.1.​ General Rules

We reserve the right to deny access partially or completely to the Macadam Platform to any User who breaches these Terms and Conditions.

We may, at our sole discretion, reject, cancel a username, or suspend an account in case of fraud. The User will be notified.

If the user breaches these Terms and Conditions, especially the obligations detailed in Clause 6.2, or if we believe it is necessary to protect our security, integrity, that of other users, or third parties, or to prevent fraud, in accordance with Clause 4.4, we reserve the right to:

• Terminate our contractual relationship with the User, immediately and without prior notice.

• Restrict his/her access and use of the Application and Services.

• Temporarily suspend his/her Account.

• Permanently close his/her account.

The User will be notified of the implementation of such measures and may submit observations following the procedures described in Clause 12.11, "Contact". Macadam will decide, at its discretion, whether or not to revoke the implemented measures.

These measures will be applied without prejudice to any claims for damages that may be brought against the User as compensation for losses caused by non-compliance with the Terms and Conditions.

8.​ INTELLECTUAL PROPERTY

8.1.​ Copyrights

All content, design, text, graphics, interfaces, logos, images, audio clips, video clips, software, as well as any other form of creative and technological work, including the source code, associated with the Macadam Platform including all its components and/or elements, are

protected by intellectual and industrial property laws and are the exclusive property of Macadam or its licensors. These T&C do not result in any transfer of ownership of any kind to the User.

Any copying, reproduction, distribution, modification, public communication, transformation, integration, adaptation, assignment, licensing, sublicensing, pledging, or otherwise transmitting elements of the Application or creating derivative works without the prior written permission of Macadam is prohibited, as well as any other use that constitutes a breach of Spanish, European, or international laws on intellectual and/or industrial property. You may download the Macadam Application to view, use, and display the Application on your mobile device solely for your personal use, expressly prohibiting any other use of any of these materials.

Macadam will also be the owner of all Intellectual Property rights over any modification or improvement of the Macadam Platform or any other element, as a result of User experience, including those arising from suggestions and/or comments made by Users. Similarly, you grant Macadam a license to your profile picture, allowing us to use it publicly in the Application, to provide a public ranking of Users.

8.2.​ Trademarks

All trademarks, logos, trade names, and other distinctive signs of the Macadam Platform are owned by Macadam or third parties who have granted licenses to Macadam. Unauthorized use of any trademark is strictly prohibited. The User does not acquire any rights or licenses with respect to any of these trademarks.

8.3.​ Use of Content

The content of the Macadam Platform is provided for the personal and non-commercial use of the User. Any other use of such content without the prior written authorization of Macadam is prohibited.

The User must not modify, transmit, participate in the sale or transfer, reproduce, distribute, make copies, create derivative works, or derive economic benefit from the content of the Macadam Platform without a prior written agreement with Macadam.

9.​ LIMITATION OF LIABILITY

9.1.​ Exclusion of Liability

Macadam provides the Macadam Platform "as is," without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Macadam does not guarantee that you will succeed in

accumulating Coins or in receiving rewards. Macadam does not guarantee that the proposed rewards will meet your needs, interests, or any other purpose.

Macadam does not guarantee that the Macadam Platform will be uninterrupted or error-free, always updated, that defects will be corrected, or that the Macadam Platform will be free from viruses or other harmful components.

However, whenever there are no causes that make its execution impossible or difficult, and as soon as we become aware of errors, disconnections, or lack of content updates, every effort will be made to correct errors, restore communication, and update content.

It may happen that due to an error, technical or human incident, incorrect points are awarded to a User and then removed from the user's account once the error or incident is resolved. Macadam will not be liable for such an event, or any damages suffered in connection with it.

Also, the User shall not settle any claims in a manner that implies any admission of fault or imposition of obligation on Macadam without its prior written consent.

9.2.​ Limitation of Damages

Macadam shall not be liable for any damages suffered by you directly or indirectly as a result of a breach of these Terms and Conditions, negligence, or unauthorized use by you or a third party.

Macadam's liability shall only cover direct, real, foreseeable and certain damages suffered by the User, with a causal link between Macadam's negligence or breach of contract and the damage itself.

In no event shall Macadam or its Partners be liable for any consequential loss suffered or incurred by you or a third party arising from the use or inability to use the Macadam Platform or any other service provided by Macadam or the materials on Macadam even if Macadam or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of these Terms, "consequential loss" includes any consequential loss, indirect loss, actual or anticipated loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunities, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

9.3.​ Limitation of Total Liability

To the fullest extent permitted by Applicable Law, Macadam's total liability, whether in contract, warranty, strict liability, or any other legal theory, in connection with the use or inability to use the Macadam Platform, shall be limited to the total amount paid, if any, by the User to access or use the Macadam Platform or, failing that, to the value of the Rewards that the User had obtained through Coins in the three months prior to the incident.

9.4.​ Elements of Evidence

The User accepts that Macadam's computer systems and files will be considered as valid unless the contrary is proven by evidence of equal or superior value. Thus, the records and files kept in Macadam's systems, or on its behalf under reasonable security conditions, may be used and presented as proof of compliance with these T&Cs, as well as of any event, communication, or relationship between the Parties during the use of the Platform.

Macadam may present, as evidence in any proceeding, data, files, recordings, and other items stored through these systems, whether in digital or analog format, and may rely on them, absent obvious error.

9.5.​ Legal Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. In such jurisdictions, Macadam's liability will be limited to the extent permitted by law.

9.6.​ No medical or health advice

Macadam is not a healthcare professional and does not provide health advice. More generally, the materials appearing on the Macadam Platform are not exhaustive and are for general informational purposes only. Macadam does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Macadam Platform. For example, the number of calories equivalent to the number of steps indicated in the App is indicative and cannot be taken as a parameter in any case.

9.7.​ Partners links and services

The Macadam Platform contains links to third-party websites or applications that are not owned or operated by Macadam (including, among others, when you view third-party advertising content). Macadam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Your use of any such linked websites is at your own risk, and we strongly advise you to conduct your own investigations regarding the suitability of those sites and their handling of personal data. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10.​DAMAGES AND LOSSES

10.1.​ Compensation

The User agrees to indemnify, defend, and hold harmless Macadam, its directors, employees, agents, partners, and affiliates, from any claim, loss, damage, liability, cost, and expense (including reasonable legal fees) arising out of or related to:

• The use or misuse of the Macadam Platform by the User and in particular for the access to dangerous, difficult to access or inappropriate locations of the Interactive Map and the damages that may be caused to the User or to third parties.

• The User's breach of these Terms and Conditions or any law, regulation, or third-party rights.

• User Generated Content that infringes upon the Intellectual Property or privacy rights of third parties, or causes harm to Macadam or any third party.

This indemnification obligation shall extend to the use of the Macadam Platform by any person accessing it through the User's account, whether authorized or not by the User.

11.​APPLICABLE LAW AND JURISDICTION

11.1.​ Applicable Law

These Terms and Conditions, as well as the use of the Macadam Platform, shall be governed and construed in accordance with the laws of Spain, without reference to its conflict of laws provisions. This choice of law does not affect the User's rights that cannot be waived under said law or others that may be attributed by another mandatory public policy rule applicable according to the User's habitual residence, nationality, or others.

11.2.​ Competent Jurisdiction

The User agrees that any dispute arising out of or related to these Terms and Conditions, or the use of the Macadam Platform, shall be resolved in competent courts located in Barcelona, expressly waiving any other jurisdiction that may correspond to them by reason of their domicile or any other cause, without prejudice to consumer protection laws that may be applicable and that may determine, for example, that the competent jurisdiction shall be that of the consumer's habitual residence.

12.​GENERAL PROVISIONS

12.1.​ Referral to the Privacy Policy

For all matters relating to Personal Data processed by Macadam in the context of using the Platform, the User should refer to Macadam's Privacy Policy and can contact Macadam in case of any doubts.

12.2.​ Languages

These Terms and Conditions are available in Spanish, French, and English. In case of discrepancy the original Spanish version shall prevail. The User can request from Macadam the sending of any of these versions by contacting Macadam through any of the channels indicated in Clause 12.11 "Contact".

12.3.​ Complete Agreement

These Terms and Conditions, along with any referenced policies and additional documents, constitute the entire agreement between Macadam and the User regarding the use of the Macadam Platform, and supersede any prior agreements or understandings, whether verbal or written, related thereto.

12.4.​ Divisibility

If any provision of these Terms and Conditions is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable, and the invalid provision shall be modified to the extent necessary to make it valid and enforceable to the maximum extent permitted by law.

12.5.​ Waiver

Macadam's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of compliance must be in writing and signed by Macadam.

12.6.​ Dispute Resolution and the European Dispute Resolution Platform

The User agrees to attempt to resolve any dispute related to the Macadam Platform directly with Macadam through good faith negotiations. If the Parties fail to reach an agreement within a reasonable period, the dispute will be resolved in accordance with Clause 11 on "Applicable Law and Jurisdiction."

The User may also consult the European platform for online dispute resolution:

12.7.​ Modifications to the Terms and Conditions

Macadam reserves the right to adapt and modify these Terms and Conditions at any time and at its sole discretion, without prior notice. The User will be notified of the modifications through the Application and/or the email address provided when creating their Account. The Terms and Conditions and any modifications made to them will take effect immediately from the date of publication online and will be enforceable: - upon acceptance by the User, after registration in the Application and throughout the duration of the use of the services; or - upon 30 days after their communication to the Users, when new Terms and Conditions replace them (Opposition Period); - on the day of their posting online, in case of a simple update that replaces any previous version. The User may at any time decide to stop using the Services and delete their Account but will remain bound by any previous use.

12.8.​ Closing and Maintenance

We reserve the right to partially or completely close the Macadam Platform temporarily or permanently without prior notice or compensation. This may be necessary to carry out updates, maintenance, modifications, or adjustments to operating methods, servers, and accessibility schedules. In the event of failures, we commit to making every effort to ensure that the Macadam Platform is available and operational.

12.9.​ Assignment

The User may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of Macadam. Macadam may freely assign its rights or obligations at any time.

12.10. Complaints and/or claims:

The User may make any complaint or claim on the Macadam Platform through any of the channels described here. For complaints and/or claims in Spain, the User may use the different official Complaint Forms made available by each Autonomous Community for example: Madrid (click here), Catalonia (click here), Valencian Community (click here), Andalusia (click here) and Aragon (click here); and submit them to Macadam through any of the channels referred to in Clause 12.11 below. Once the complaint and/or claim has been received by Macadam, it will be managed by Macadam in accordance with the applicable regulations in each case. Likewise, the User is informed that he/she can visit the website www.consumoresponde.es, where he/she can fill in online and download the completed form for complaints and claims form of the Autonomous Community of Andalusia. For further information (consumoresponde@juntadeandalucia.es / Freephone: 900 21 50 80).

12.11.​ Contact

If the User has any questions, concerns, or suggestions related to these Terms and Conditions or the use of the Macadam Platform, he/she can contact Macadam at: contact@macadam.app, at Avenida Diagonal, No. 401, 08008 - Barcelona, Floor 1 (Attention: MACADAM) or through the channels enabled in the Application.