Legal

Legal notice

1. Identification of the controller

This notice governs access to, browsing of and use of the website and of the services offered through wakaris.com.

In accordance with the provisions applicable to the processing of personal data and the protection of privacy in the electronic communications sector, and in compliance with the information obligations established in the applicable legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Law 29/2021 of 28 October, qualified law on the protection of personal data (LQPD), as well as Decree 391/2022 implementing the aforementioned Law, the identification details of the entity that owns this platform are set out below:

  • Company name: BITANUBE, S.L.U.
  • Registered office: Avinguda El Través 21B, AD400, La Massana, Andorra.
  • Tax Registration Number (NRT): L-714954-Z.
  • Registro de Comercio (Commercial Register) number: 923227-J.
  • Contact email: info@wakaris.com
  • Purpose of the platform: provision of public, automated services for the analysis of performance, SEO and technical review of websites.

2. Purpose and scope

This document sets out the binding terms and conditions (hereinafter, the “Terms and Conditions” or the “Legal Notice”) that govern the access, browsing, use and functionalities that BITANUBE, S.L.U. makes available to users through the platform.

For the purposes of this Legal Notice, “User” shall mean any person who accesses the Platform or uses any of its functionalities.

Accessing, browsing or using any functionality of the Platform automatically and irrevocably confers the status of User, which implies full, express and unreserved adherence to and acceptance of each and every one of the clauses set out in this document, in the version published at the time of access. If the User does not agree with these conditions, the User must refrain from using the Platform.

3. Description and conditions of use of the service

The Platform offers a tool for automated technical diagnosis and analysis of the visibility, SEO, loading speed and performance of public websites, including their legal aspects. The Platform allows the User to view and download an analytical technical report; delivering or sharing it in digital format requires providing an email address, the processing of which is governed by our .

Free use without registration: the analysis and technical review service is provided in an automated manner and does not require creating a user account or providing credentials.

4. Restrictions of use and warranties regarding the activity

The User undertakes to use the Platform in accordance with the law, public order and these conditions, and to make diligent and lawful use of the tool, entering only publicly accessible URLs that do not contain unlawful content. It is expressly prohibited to:

  • Use the tool for unlawful purposes, purposes that infringe the rights of third parties, or purposes that may damage or overload the infrastructure of the platform or of the analyzed websites. Accordingly, the User undertakes not to use bots or external tools that exceed the permitted request rates (rate limits) or that may saturate, deny service to or harm the technical infrastructure of the Company or of the servers of the analyzed URLs.
  • Enter URLs of websites whose content promotes illegal activities, violates Human Rights, contains viruses, malware or defamatory or malicious content, or content that infringes the intellectual property rights or personality rights of third parties.

Requests and fair use: the Company reserves the right to limit, restrict or block, temporarily or permanently, the number of automated analyses per IP address or domain that make a volume of requests deemed abusive or disproportionate.

5. Intellectual and industrial property and registered trademarks

A. Ownership of the software and the platform

All contents of this website (source code, interfaces, texts, graphic designs, analysis algorithms, trademarks, logos, audiovisual elements, structures, databases and other contents) are the exclusive property of BITANUBE, S.L.U. or are used under the corresponding license, and are protected by Andorran and international intellectual and industrial property laws.

The reproduction, transformation, distribution, public communication, making available to the public and, in general, any other form of exploitation, in whole or in part, of the elements referred to in the preceding paragraph is prohibited. Such acts may only be carried out with the express authorization of BITANUBE, S.L.U., and in all cases its intellectual property rights must be acknowledged.

Under no circumstances may any protection device or security system that may be installed be removed, altered, circumvented or manipulated.

Unless expressly authorized by BITANUBE, S.L.U., deep linking to final pages, “framing” and any other similar manipulation are not permitted. Links must always point to the main page or “home page” wakaris.com.

B. Analysis of URLs, use of screenshots and third-party content

  • The process of collecting technical metrics is carried out on information published openly and accessibly on the internet by the owners of the reviewed/analyzed URLs. The Company complies with and respects technical crawling exclusion protocols (such as the directives of the robots.txt file).
  • The platform performs an automated inspection of the URL entered and generates a static, ancillary and non-interactive thumbnail or screenshot of the home page of the analyzed website, exclusively for illustrative and technical purposes, as an element for visually verifying the layout and rendering within the technical report, respecting at all times the restrictions or limitations implemented by the owners of the URLs consulted.
  • Such screenshots are made under the right of quotation and technical analysis, as a public communication constituting an ancillary technical reproduction of public pages accessible without paywalls or authentication, in accordance with current legislation and consistent with European case law.
  • The trademarks, logos, images and designs shown in such screenshots belong to their respective owners. Their display in the technical report constitutes a lawful nominative and descriptive use that does not imply any commercial relationship, sponsorship, partnership or endorsement by BITANUBE, S.L.U. of the reviewed websites.
  • BITANUBE, S.L.U. is not responsible for third-party websites or websites it does not own that may be accessed through links, nor for any content made available by third parties. Any use of a link or access to a website not owned by the Company is at the sole discretion and risk of the User. BITANUBE, S.L.U. does not recommend or guarantee any information obtained through a link external to the website wakaris.com, nor is it responsible for any loss, claim or damage arising from the use or misuse of a link, or from the information obtained through it, including other links or websites. Nor is BITANUBE, S.L.U. responsible for any interruption in the service or in access, or for any attempted use or misuse of a link, whether when connecting to the website wakaris.com or when accessing information on other websites from that website.

6. Disclaimer of warranties and limitation of liability

  1. Informative nature of the reports: the technical reports generated are the result of an automated process of collecting public data in real time. They are provided ad hoc, for purely informative and guidance purposes. The Company does not guarantee the accuracy, completeness or absolute currency of the metrics obtained, nor the suitability of the report’s recommendations for achieving specific SEO, commercial performance or regulatory compliance objectives of the User.
  2. Content of the analyzed websites: the Company exercises no prior control over and assumes no liability whatsoever for the content, services or products hosted on the websites whose URLs are entered by Users, nor for their truthfulness, legitimacy or lawfulness. Likewise, the public analysis and review of the website is carried out at the moment of the User’s request, and BITANUBE, S.L.U. is not responsible for any subsequent modifications or updates that may alter the result for the analyzed website, whether with regard to the analysis of its content or to its performance or search ranking.
  3. Availability of the service: the Company does not guarantee the uninterrupted operation of the software and is not responsible for any connection failures, server outages or errors arising from incidents on the internet, nor for any damage that may be caused to users’ computer systems by any cause beyond the control of or not attributable to this website, including, without limitation, damage caused by interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system. Likewise, BITANUBE, S.L.U. shall not be liable for any interruption, error or failure occurring in the system due to a malfunction of the network or of the connected servers.
  4. Liability for the reviewed websites: the Company acts as a mere intermediary providing automated technical analysis. BITANUBE, S.L.U. does not control, approve or take responsibility for the content, lawfulness, truthfulness or harmlessness of the websites whose URLs are entered by Users. Liability for the content of the analyzed website lies exclusively with the owner of that website.

7. Voluntary exclusion procedure (opt-out / notice and takedown)

The Company maintains an active commitment to respecting the rights of third parties.

If you are the legitimate owner or authorized representative of a web domain and do not wish your site to be analyzed or screenshots of its home page to be displayed in our technical reports, you may request the immediate exclusion of your domain.

  1. You may configure the robots.txt file on your server to restrict access to the user-agent or crawler of our tool.
  2. You may send a formal exclusion request to the email address info@wakaris.com, indicating the URL concerned and providing proof of ownership of the domain. Following the corresponding verification, the Company will add the domain to its internal exclusion list (blacklist) within a maximum of 72 business hours.

8. Virtual assistant and regulatory compliance in artificial intelligence (EU AI Act)

In accordance with the transparency obligations established in the European Artificial Intelligence Regulation (Regulation (EU) 2024/1689), the User is informed that this platform includes an automated virtual assistant (chatbot). In accordance with the applicable regulations on artificial intelligence (EU AI Act):

  • The User is explicitly informed that they are interacting with an automated language processing system and not with a human operator.
  • The answers, advice or explanations provided by the chatbot are automated and purely informative in nature, and do not constitute binding legal, technical or professional advice.

9. Fraudulent emails, spoofing and phishing

Official communication channels: all legitimate electronic communications issued by the Company relating to the delivery of technical reports, chatbot responses or user support will be sent exclusively from accounts linked to the official domain @wakaris.com.

Disclaimer of liability for third-party communications: the Company is not responsible for any type of damage, harm or loss of information that the User may suffer as a result of fraudulent emails, messages or links sent by unrelated third parties impersonating the corporate image, identity, brand or name of the Company (phishing or email spoofing).

Security guidelines and fraud identification: Users are expressly informed of the following security rules:

  • Zero sensitive data request policy: the Company will NEVER request login credentials, passwords, credit card numbers, bank details or secret keys by email, chatbot or web forms.
  • Link verification: before clicking any link contained in an email, the User must verify that the destination URL corresponds exactly to the official domain of the Platform.
  • Protocol in case of suspicion: if the User receives a suspicious electronic communication that appears to come from the Company, the User must refrain from interacting with the message, must not download attachments or click on links, and must immediately report the incident to seguridad@wakaris.com, attaching the email received for technical analysis.

10. Personal data protection

The processing of personal data collected through the contact forms, report requests or the chatbot is governed by the provisions of our , which complies with Andorran Law 29/2021 on the protection of personal data (LQPD) and the General Data Protection Regulation of the European Union (GDPR).

11. Amendments to the terms and partial invalidity

Unilateral amendment: the Company reserves the right to modify at any time and without prior notice the presentation, configuration and contents of the Platform, as well as these Conditions, with notice being given by publishing the updated version on the website itself.

Partial invalidity: if any clause or provision of these Conditions is declared null, invalid or unenforceable by a final judicial or administrative decision, such invalidity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

12. Governing law, jurisdiction and dispute resolution

These Conditions of Use and Legal Notice are governed by the civil and commercial legislation of the Principality of Andorra.

For the resolution of any dispute or conflict arising from the use of this platform, the parties expressly submit to the jurisdiction of the Courts of the Principality of Andorra, without prejudice to any mandatory jurisdiction rules that may apply where the User qualifies as a consumer under European Union law.