GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING FOR THE TECOPAS MOBILE APPLICATION
30/01/2025. Version 1.0.
These General Terms and Conditions of Use and Contracting (hereinafter, the "Terms and Conditions") regulate the access and use by the User (as defined below) of the TECOPAS Mobile Application (hereinafter, the "App"), as well as the contracting of services through it. The App is owned by TECOPAS LLC, residing at 16192 Coastal Hwy, Lewes, DE 19958, US(hereinafter, the "Company").
Any person who wishes to access and/or use the App and/or contract the Company's Services must adhere to these Terms and Conditions, together with all other policies and principles that govern the App and/or the Company's Services, which are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE APP AND/OR ANY OTHER SERVICE OF THE COMPANY.
The User acknowledges having read, understood, and accepted all the conditions established in the Terms and Conditions and other documents incorporated by reference, at the time of their registration as a User of the App.
A. PURPOSE OF THE APP
The App is a mobile application for in-person dating and friendships that connects people with different objectives through the creation of customized activities known as "plans." Users can design these activities according to their specific interests, promoting meaningful connections in a safe and reliable way.
B. CAPACITY AND REGISTRATION
B.1. The User must register to access the App and use the Company's Services. To do so, the User must generate a username and password to create their User account. The User may use credentials from external services to create and access their account. In such cases, the User authorizes the Company to access and use the information associated with those accounts, in accordance with the Privacy Policies.
B.2. The account is personal and non-transferable. Each User is solely responsible for maintaining the proper security and control of their account access password. It is prohibited to disclose the password to others and/or use another person's password. Consequently, the User will be responsible for any access to the App and/or operations carried out with their account and agrees to indemnify and hold harmless the Company and/or third parties, for any costs, expenses, damage, or injury (including legal fees) that the Company and/or third parties may incur or suffer as a result, directly or indirectly, of any access to the Company's Services and/or operations carried out with their account and/or email address and password. The sale, assignment, and/or transfer of the password to another User, under any title, is strictly prohibited.
B.3. In case of unauthorized access and/or unauthorized use, the User must notify the Company via email at support@tecopas.com.
B.4. The User guarantees the accuracy and authenticity of the information provided and undertakes to keep their data updated, including the registered email address in the App where all notifications made under these Terms and Conditions will be valid. The User must inform the Company of any changes by updating the corresponding information through the App and/or the available contact channels. The Company is not responsible for the accuracy of the User's personal data. If the User provides false, incorrect, outdated, or incomplete information, or the Company has reasonable grounds to suspect that such information is false, incorrect, outdated, or incomplete, the Company reserves the right to suspend or terminate the User's ability to access, use, and/or contract through the App, as well as reject any new or future use by said User. The User guarantees and is responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the personal data and all information entered into the App.
B.5. In certain cases, the User who meets the requirements established by the Company may be identified as an "Influencer User." From the moment the Company accepts a User as an Influencer User, they will be able to create special plans and/or activities.
C. ACCEPTANCE OF THESE TERMS
C.1. By accepting these Terms and Conditions, the User declares:
C.1.1. That they have read and understand the content of this document.
C.1.2. That they are legally capable of contracting under the laws of their country of residence, in order to fully validate, enforce, and make use of all the stipulations in these Terms and Conditions.
C.1.3. That they assume all the obligations set forth herein.
C.1.4. That they reside in the territory of the Argentine Republic.
C.1.5. That they have not committed any serious intentional crime, sexual offense, or any crime involving violence or threat of violence, and have not been convicted or found guilty for such offenses, unless they have been pardoned for a non-violent crime.
C.2. Persons who are not legally capable of contracting, who are not in Argentina, minors, legal entities, and/or those who have been suspended or disqualified by the Company from using the Company's Service, and/or the App, may not use the Company's Service and/or the App.
C.3. In case the Company cannot verify or validate the necessary information provided, cannot verify the User's data, and/or has a suspicion of fraudulent use contrary to these Terms and Conditions, the Company reserves the right to apply sanctions. The Company may, at its sole discretion, temporarily or permanently disable the User's account, if the User violates these Terms and Conditions, the Privacy Policy, or for any other reason deemed to violate laws, morality, good customs, professional and/or commercial practices, or be harmful to the Company or third parties, without generating any right to indemnification or compensation in favor of the User. This action may be exercised in addition to other sanctions or decisions contemplated in these Terms and Conditions.
D. MODIFICATIONS
D.1. The User must always read these Terms and Conditions carefully each time they access the App, as modifications may occur. The Company reserves the right to modify, at its sole discretion, the Terms and Conditions at any time, which will be duly published on the App.
D.2. Any modification will be communicated 10 (ten) days in advance of its effective date to the registered User by sending an email to the address declared in the App. If the User disagrees with such modifications, they must express their intention to close their account within 10 (ten) days from the communication sent by the Company, via email to support@tecopas.com or cancel their account from the App. In both cases, the contractual relationship will be terminated, and the User's account will be disabled. After this period, it will be considered that the User accepts the new Terms and Conditions, which will govern the contractual relationship from that moment.
D.3. The Company reserves the right to make any changes or updates to its content and services at any time, without prior notice, including elements that integrate the design and configuration of the App. The User always retains the right to close their account through the procedure detailed above, in case they disagree with such modifications.
E. GENERAL RULES FOR USING THE APP
E.1. The User agrees to use the App—its content and services—in accordance with the law, morality, public order, and these Terms and Conditions. Furthermore, they agree to make appropriate use of the Company's services and/or content on the App and to not use them to carry out illegal activities, actions constituting a crime, or actions that violate third-party rights, intellectual property regulations, or other applicable laws, especially the principle of good faith, which obliges the User to act loyally, correctly, and honestly in both preliminary dealings and in the conclusion and execution of all contracts. Consequently, the User agrees not to disseminate, transmit, introduce, or make available to third parties any kind of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order, and/or these Terms and Conditions.
E.2. The User agrees to indemnify and hold harmless the Company from any claim, fine, penalty, sanction, or compensation that the Company may be obliged to bear as a result of another User's violation of any of the usage rules mentioned above. Additionally, the Company reserves the right to seek compensation for any damages.
E.3. The User is prohibited from violating or attempting to violate the security of the App, including but not limited to:
E.3.1. Accessing personal data not intended for that User or entering an account whose access is not authorized.
E.3.2. Evaluating or testing the vulnerability of the App or network, or violating security or identification measures without proper authorization. Security violations of the App or network constitute criminal offenses and may lead to civil liability. The Company will investigate security violations of the App and may contact the competent judicial or administrative authority to pursue the User involved in such violations.
E.3.3. Attempting to block service to any User, including but not limited to sending viruses to the App or producing saturation or denial of service attacks.
E.3.4. Copying, modifying, reusing, creating derivative works from, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling the App (or any part thereof), or using and displaying the content offered by the Company or any part thereof without the prior specific written consent of the Company or as expressly permitted under these Terms and Conditions.
F. SERVICES
FF.1. La App facilita la conexión entre personas interesadas en participar en actividades presenciales, denominadas “Planes”. A través de la plataforma, los Usuarios pueden crear y gestionar planes según sus preferencias y establecer criterios para la participación de otros usuarios.
F.2. La App permite a los Usuarios explorar y acceder a planes disponibles en función de su ubicación, intereses y otros parámetros definidos dentro de la plataforma.
F.3. La App actúa únicamente como un facilitador de interacciones entre Usuarios, sin intervenir en la organización, coordinación o ejecución de los planes creados dentro de la plataforma. La App no proporciona servicios de acompañantes ni actividades con fines distintos a los expresamente permitidos en estos términos y condiciones.
F.4. Los Usuarios pueden descubrir y visualizar los planes a través de distintas modalidades de navegación ofrecidas en la App.
F.5. Los Usuarios pueden solicitar unirse a un plan a través de los mecanismos disponibles en la App. El Creador del plan tiene la facultad exclusiva de aceptar o rechazar solicitudes de participación, conforme a los criterios establecidos por la plataforma.
F.6. La comunicación entre los participantes de un plan solo estará disponible tras la aceptación de la solicitud de participación. Las interacciones dentro de la App deben cumplir con las normas de conducta establecidas, reservándose la Empresa el derecho de restringir o limitar accesos en caso de incumplimientos.
F.7. Los Usuarios pueden crear planes dentro de las categorías de actividades habilitadas en la App. Al momento de la creación, deberán establecer las condiciones y detalles básicos de la actividad, conforme a las opciones disponibles en la plataforma.
F.8. Los planes pueden clasificarse en diferentes modalidades según el tiempo de ejecución y visibilidad dentro de la App:
F.8.1. Los planes programados para una ejecución inmediata pueden identificarse bajo modalidades específicas dentro de la plataforma.
F.8.2. Los planes que se programan con anticipación seguirán el flujo de disponibilidad determinado por la App.
F.9. La App permite distintas configuraciones de visibilidad y participación en los planes, conforme a las opciones establecidas dentro de la plataforma.
F.10. Políticas de aceptación de participantes:
F.10.1. El Creador del plan puede establecer requisitos de acceso, tales como restricciones de reputación mínima, criterios de historial de cancelaciones u otros filtros determinados dentro de la App.
F.10.2. La plataforma aplicará estos criterios automáticamente para validar la elegibilidad de los usuarios interesados en participar en el plan.
F.11. Los Usuarios deben seleccionar el método de seguridad/verificación aplicable al plan según las opciones disponibles en la App.
F.12. Políticas de cancelación:
F.12.1. Los Creadores de planes pueden cancelar sus actividades en cualquier momento, sujetos a las políticas de penalización aplicables.
F.12.2. Los participantes que cancelen su asistencia estarán sujetos a condiciones equivalentes, según las reglas de la App.
F.12.3. Las cancelaciones afectan el historial de actividad del usuario dentro de la plataforma, pudiendo influir en futuras solicitudes de participación.
F.13. La Empresa no organiza, coordina ni participa en la creación de planes ofrecidos a través de la App. Todos los planes son creados y gestionados por los usuarios de la aplicación. La Empresa no verifica la identidad, antecedentes, reputación ni cualquier otra información de los usuarios que crean o participan en los planes. La responsabilidad de verificar la información de otros usuarios recae exclusivamente en los propios usuarios.
F.14. La participación en cualquier plan es voluntaria y bajo la exclusiva responsabilidad del Usuario. La Empresa no asume ninguna responsabilidad por cualquier daño, perjuicio o inconveniente derivado de la interacción entre Usuarios dentro de la App.
F.15. A pesar de que la Empresa implementa medidas de seguridad como las políticas de reputación y cancelación, estas medidas no garantizan la seguridad absoluta de los usuarios. Cada usuario es responsable de tomar las precauciones necesarias y de actuar con cautela en todas las interacciones y encuentros organizados a través de la App. En caso de cualquier problema o incidente durante un plan, se recomienda a los usuarios contactar inmediatamente a las autoridades competentes.
G. CONSIDERATION FOR THE COMPANY'S SERVICES. CANCELLATION.
G.1. The User may choose between a free subscription or a subscription subject to a fee in consideration of using the Company's services.
G.2. The subscription fee (the “Subscription”) is determined by the quantity and quality of actions to be performed in the App, which are detailed at the following link:
https://tecopas.com/pricing
G.3. Each premium subscription period will automatically renew, and the User will not need to re-subscribe to maintain premium functionalities according to the contracted premium subscription.
G.4. To subscribe, the User must provide the Company with a payment method, which will be informed to an external payment processor. It is understood that this is a current, valid, and accepted payment method, which can be periodically updated.
G.5. Premium subscription fees for the services and any other charges incurred by the User in connection with the use of the Company's services, such as taxes and possible transaction fees, will be charged to the payment method on the due date corresponding to the premium subscription.
G.6. The User authorizes the Company to charge any payment method associated with their account in case the primary payment method is rejected or unavailable. If payment cannot be made successfully due to expiration, lack of funds, or if the User does not update their payment information or cancels their account, the Company may suspend the User's access to the Company's services until a valid payment method is provided.
G.7. The Company may change premium subscription plans and their prices at any time. However, any changes in prices or premium subscriptions will apply no earlier than 30 days after the User is notified, during which time the User may exercise their right to cancel their account.
G.8. The subscription invoice will be issued by the corresponding app store. The billing details, including charged amounts and payment frequency, will be available in the User's app store account.
G.9. Failure to pay the premium subscription within ten (10) days after its due date authorizes the Company to suspend access to the Company's services until the overdue premium subscription is paid, without generating any right to compensation for the User.
G.10. The User may cancel their account and subscription whenever they wish, following these rules:
G.10.1. Cancelling the account does not automatically cancel the active subscription. If the account is closed but the subscription is not terminated in the corresponding app store, the subscription will remain active, and charges will continue to apply until the User cancels it directly in the store.
G.10.2. Users must cancel their subscriptions through the app store where they downloaded the app (e.g., App Store, Google Play Store). When canceling the subscription, it will automatically terminate at the end of the current billing period. During the remaining billing period, the User will continue to have access to the services and benefits of their subscription until it expires.
G.11. Canceling the account for any reason may cause or result in the loss of certain content, functions, or account capabilities of the User, including any User Content or other usage data retained by the User. The Company will not be responsible in any way for such loss. It is the User's responsibility to back up their data and materials.
H. OBLIGATIONS
The User is not authorized to create an account in the App and/or use the Company's services unless:
H.1. The User accepts:
H.1.1. To comply with these Terms and Conditions.
H.1.2. To periodically review the App to ensure they are aware of any and all changes.
H.1.3. To comply with all applicable laws, including privacy laws, intellectual property laws, antispam laws, criminal and civil laws.
H.1.4. To take reasonable measures to protect all types of User information.
H.2. The User agrees not to:
H.2.1. Misrepresent their identity, age, or affiliations as those of another human being.
H.2.2. Use the Company's services in a way that causes damage and/or prevents another User from using them.
H.2.3. Harass, intimidate, stalk, defame, harm, and/or abuse another User in any way, nor cause any psychological damage.
H.2.4. Post and/or share prohibited content.
H.2.5. Request passwords for any purpose, or identification information from another User for commercial or illegal purposes, or disseminate another person's personal information without their permission.
H.2.6. Use the Company's services in connection with fraudulent practices, pyramid schemes, or similar practices.
H.2.7. Disclose private or proprietary information that the User does not have the right to disclose.
H.2.8. Imply that any statement made by the User is endorsed by the Company.
H.2.9. Falsify and/or manipulate data to hide the origin of any information transmitted through the Company's services.
H.2.10. Create any new account after the User has been suspended or had their account terminated unless they receive express permission from the Company.
H.2.13. Submit any report about another User's behavior or content that is false, misleading, or evidently unfounded. The User must also not abuse any reporting system the Company has in place.
I. REPORTS
I.1. A "report" refers to a formal notification made by a user of the App regarding another user, activity, or content when they believe inappropriate behavior has occurred, a violation of the terms and conditions, or any other action that may compromise the security, integrity, or experience in the app. The App has two types of reports:
I.1.1. Behavior Report: Focuses on the interactions and behaviors observed during in-person meetings organized through the App. Examples include, but are not limited to, identity fraud, harassment, failure to attend a scheduled event, disagreements about the terms of the meeting, or unsafe or dangerous situations.
I.1.2. Content Report: Refers to inappropriate content that a user may upload to their profile or include in an activity description. Examples include, but are not limited to, explicit or inappropriate photos and offensive or vulgar language.
I.2. If a user is reported for inappropriate content, the created activity may temporarily disappear, depending on the number of reports received and the recurrence of the reported behavior.
I.3. Users who submit unjustified reports may face consequences if the system identifies them as such. The Company reserves the right to investigate unjustified reports, and in the event of confirmed abuse of the reporting system, measures such as warnings, temporary suspensions, or permanent account blocks may be taken.
J. FREE PLANS
J.1. Users cannot charge a fee for participation in the plans organized through the app. All plans and activities organized through the app must be free for participants.
J.2. If a plan includes activities that involve additional costs (such as tickets, food, materials, etc.), those costs may be contemplated in the plan, and the organizer must indicate who will cover these costs.
J.3. Failure to comply with this policy may result in the suspension or blocking of the offending user's account. The Company reserves the right to investigate any report or indication of improper charging through the app and take the necessary measures to ensure compliance with this policy.
K. COMPANY'S DISCLAIMER OF LIABILITY
K.1. By accepting these Terms and Conditions, the User acknowledges that the Company is not responsible for any physical and/or financial damage or loss that may occur while the User uses the Company's services and/or meets with another User through the App. The User acknowledges that all plans and/or meetings are carried out at their own risk. The Company cannot guarantee the User's physical, psychological, or moral safety in any way.
K.2. The Company does not represent or guarantee the accuracy of the data of a User who seeks or finds another User to carry out a specific activity plan. Each User is an independent third party who may impose their own plans, terms, and meeting conditions regarding days, times, and available activities.
K.3. The Company is not responsible for the safety of any person and/or property. Using the App will not, in any way, be considered a guarantee that the User will be able to carry out an activity plan in any location and/or at any time.
K.4. The use of the App is entirely at the User's sole responsibility and risk. The Company does not guarantee the availability and continuity of the App's operation, nor the inviolability of data stored or transmitted through public telecommunications networks or other means, nor the absence of malfunctions, viruses, or other applications on the App that may cause damage to the User. The User releases the Company from all liability arising from acts of God or force majeure.
K.5. The User acknowledges that the Company's services may contain hyperlinks to and/or from other websites operated by individuals independent and distinct from the Company. The Company does not control these links and is not responsible for their content. The Company does not investigate, monitor, or verify in any way the accuracy, suitability, or completeness of these third-party websites or any of their content, promotions, materials, information, goods, and/or services available on them. The inclusion by the Company of hyperlinks to and/or from such websites does not imply any endorsement of the material on such websites or any association with their operators. If the User decides to leave the App and access these third-party websites or use or install third-party applications, software, or content, the User does so at their own risk and should be aware that these Terms and Conditions no longer govern.
K.6. The User acknowledges and expressly agrees that the Company SHALL IN NO WAY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SERVICE, DUE TO FORCE MAJEURE, ACTS OF THIRD PARTIES, OR FOR ANY DAMAGES ARISING FROM SUCH CIRCUMSTANCES.
K.7. The App is provided "as is," without warranty or condition. TECOPAS LLC is solely responsible for addressing any issues, defects, or non-compliance with warranties related to the app. If the app does not function as expected, the User may contact TECOPAS LLC for support. Apple provides no warranties for the app and is not responsible for any claims related to its use.
K.8. The User acknowledges and agrees that they are solely responsible for the control of their password, email address, and/or any electronic means that allows them to identify themselves and access the App and/or communicate with the Company. The Company will rely on the truthfulness of any information reported, manifested, and/or communicated through any electronic means chosen, reported, and/or used by the User, as well as on all actions taken in the App.
K.9. The User also acknowledges and agrees that the Company cannot guarantee the non-intrusion of third parties into the App and/or the performance of illegal acts by them. Consequently, the User releases the Company from all liability if third parties, whether intruders who breach security systems or persons who have had access to the User's password and/or electronic identification method, access information and/or take any action that harms the User, and the User waives any claim for damages against the Company in the event of such circumstances.
K.10. These Terms and Conditions do not limit non-waivable warranties or consumer protection rights to which the User may be entitled under the imperative laws of their country of residence.
K.11. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY'S LIABILITY TO THE USER OR ANY THIRD PARTY IN ANY MATTER ARISING OUT OF OR RELATED TO THE COMPANY'S SERVICES OR THESE CONDITIONS EXCEED THE AMOUNTS PAID BY THE USER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
K.12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL, ARISING OUT OF OR RELATED TO USER CONDUCT OR THE CONDUCT OF ANOTHER PERSON IN CONNECTION WITH THE APP SERVICE, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, PHYSICAL INJURY, DEATH, EMOTIONAL DAMAGES, OR ANY OTHER DAMAGES ARISING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE COMPANY'S APP SERVICE, OR FOR INTERACTIONS WITH OTHER USERS OF THE COMPANY'S APP SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES CLAIMS, LOSSES, OR DAMAGES ARISING FROM A USER'S ATTEMPT TO DEFRAUD OR HARM YOU.
K.13. IF A DISPUTE ARISES BETWEEN USERS, IT IS AGREED TO RELEASE THE COMPANY FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR THE DIRECT OR INDIRECT CONSEQUENCES OF A USER'S FAILURE TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
K.14. The User acknowledges and agrees that Apple is not responsible for the functionality, content, or performance of the TECOPAS app. Apple is not liable for any claims related to the use or possession of the app, including but not limited to product liability claims, claims of non-compliance with legal or regulatory requirements, and claims under consumer protection laws.
L. THIRD-PARTY ADVERTISEMENTS AND CONTENT
The App may contain advertisements and promotions offered by third parties and links to other websites or resources. However, the Company does not guarantee that the User will always be eligible to view such advertisements or that any of these advertisements will be available. The Company may also provide non-commercial links or references to third parties within its content. The Company is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, the Company is not responsible for any product or service that may be offered by third-party websites or resources, nor does it endorse them. The Company is not responsible for the terms or actions of such third parties.
M. FEEDBACK
M.1. Every user who has participated in a plan can leave or receive a reputation score from other users, based on reviews and feedback after completing a plan. This score reflects the quality of their participation and the satisfaction of other users. Reviews may include various evaluation criteria, such as punctuality, behavior, organization, and fulfillment of expectations. These criteria are weighted to calculate an overall reputation score.
M.2. Scores and feedback help other users make informed decisions when choosing plans and companions for future plans.
M.3. The Company is not responsible for the opinions, scores, and feedback left by users. The opinions expressed are the sole responsibility of the users who post them.
M.4. Opinions, scores, and feedback may be used by the Company to improve the services and user experience on the app, as well as to highlight highly-rated users.
N. INDEMNITY
N.1. The User agrees to indemnify and hold harmless the Company, as well as those who manage, succeed, represent, and/or work for it, from any administrative or judicial claim initiated by a User, third parties, or any authority, related to the use and/or contracting of the App.
N.2. This indemnity obligation extends to any claim, damage, and/or loss that may arise from relationships between any User of the App.
N.3. The Company is not responsible for claims, injuries, losses, and/or damages arising from or in any way related to your interactions or dealings with another User and the acts and/or omissions of any of them, whether in the physical or virtual realm. You acknowledge and accept that, to the fullest extent permitted by applicable law, YOUR USE AND/OR PROVISION OF SERVICES IS DONE AT YOUR OWN RISK.
N.4. The User understands that their account will be visible to other Users, so they declare and accept that the content uploaded to the App may be shared with third parties. The User is responsible for the content and its accuracy, as well as how it is used in the App, and for any decisions made, actions taken, or not taken based on the content. The User releases the Company from liability for these actions, and the Company reserves the right to remove, edit, limit, or block any User content at any time and at its sole discretion.
N.5. The Company does not conduct criminal background checks and/or identity verification on Users, nor does it investigate Users. The Company offers no guarantees about the conduct, identity, health, physical condition, or truthfulness of the User's content. However, the Company reserves the right to conduct background checks or other investigations at any time, using publicly available records, and the User agrees that any information the User provides may be used for such purposes.
O. PRIVACY OF INFORMATION
To use the App, the User must provide certain personal data. This personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information on the privacy of personal data and cases where personal information will be disclosed, you can consult the Privacy Policies here:
https://tecopas.com/privacy-policy
P. LICENSE (End User License Agreement)
By downloading or using this app, you (the "User") agree to this End User License Agreement ("EULA"), which is a legally binding contract between you and TECOPAS LLC.
Scope of License:
TECOPAS LLC grants the User a limited, non-transferable, non-exclusive license to use the app on Apple devices owned or controlled by the User, in accordance with Apple’s App Store Terms and Conditions. This license does not transfer ownership of the app or its intellectual property. All usage rights to the App are licensed only, and no ownership rights, title, or interest in the App are granted.
Maintenance and Support:
TECOPAS LLC is solely responsible for providing maintenance and support services for the app. Apple has no obligation to provide support or maintenance for the app. TECOPAS LLC may perform updates, improvements, or changes to the app at any time. Some updates may modify functionality, require additional permissions, or result in changes to available features.
Warranty Disclaimer:
In case of a failure of the app to conform to any applicable warranty, the User may notify Apple, and Apple may refund the purchase price (if applicable). Apple has no further warranty obligations with respect to the app. Any additional claims, losses, liabilities, damages, costs, or expenses related to the app’s failure to conform to a warranty are the sole responsibility of TECOPAS LLC.
Product Claims:
TECOPAS LLC is responsible for addressing any claims related to the app, including product liability claims, legal or regulatory compliance claims, and claims under consumer protection laws.
Intellectual Property Rights:
In the event of a third-party claim that the app infringes another party’s intellectual property rights, TECOPAS LLC is responsible for handling such claims.
Termination of License:
This license remains effective until terminated by either the User or TECOPAS LLC. The User’s rights under this license will terminate automatically if they fail to comply with any term(s) of this agreement. Upon termination, the User must cease all use of the app and delete all copies from their devices.
Third-Party Beneficiary:
The User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA and that Apple has the right to enforce this agreement against the User.
Q. INTELLECTUAL PROPERTY
The User agrees not to use, in any way, the Company's trademarks, trademark applications, patents, utility models, industrial designs, insignias, logos, logotypes, trade names, business names, banners, copyrights, domain names, "know-how," and all other intellectual and industrial property rights (of any kind and nature worldwide, regardless of their designation) without prior written authorization. The User acknowledges the Company's right, title, and interest in the registered or unregistered trademarks, insignias, logos, designs, words, or names that identify and distinguish the Company and agrees not to engage in activities or commit any act that, directly or indirectly, may dispute or jeopardize such right, title, or interest of the Company.
R. USER AUDIOVISUAL MATERIAL
R.1. The User guarantees the Company that they own all rights to any content uploaded to the App ("User Content"), including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other material, or that they otherwise have (and will continue to have) all power, ownership, licenses, consents, and authority in and to the User Content as necessary to legally use, publish, transfer, or license any and all rights and interests in and to such User Content.
R.2. The User grants the Company a free license to exploit the intellectual property rights to the User Content. As a result, the Company may reproduce, transform (including, without limitation, adding watermarks or other mechanisms to prevent unauthorized use by third parties), distribute, and publicly communicate the content (including making it available to the public) through any exploitation mode and using any format, medium, or communication method. This license is not subject to any temporal or territorial limitation; it is granted worldwide and for the entire legal duration of the rights. The Company may exercise the rights to exploit the User Content in any way it deems appropriate and may even transfer or sublicense such rights, either exclusively or not, to third parties under terms and conditions it considers suitable.
R.3. The User guarantees that they fully own the rights licensed to the Company under this clause and that the use and exploitation of these rights by the Company do not infringe any intellectual property, image, or other rights belonging to any third party. The User agrees to indemnify and hold the Company harmless in the event of any infringement. The User authorizes the Company to use the User Content perpetually, worldwide, and free of charge, for any of the Company's promotional and marketing activities, both online and offline, and to modify such content as reasonably necessary for such purposes. The User waives any claim against the Company concerning any past, present, or future moral rights, copyright, or any similar rights worldwide that the User may have in relation to these limited permitted uses.
R.4. Notwithstanding any contrary provisions, under no circumstances shall the Company be considered a "Publisher" of any User Content, nor does it endorse any User Content, nor does it assume any responsibility for any User Content uploaded, written, posted, and/or made available by any User or anyone else on or through the App service, for any use by any party, or for any loss, deletion, or damage to such User Content or any loss, damage, cost, or expense that the User or others may suffer or incur as a result of or in connection with the posting, access, or reliance on any User Content. Additionally, the Company is not responsible for any errors, defamation, slander, falsehoods, obscenity, pornography, incitement, or any other unlawful or infringing User Content that may be generated by the User.
S. SANCTIONS
S.1. Without prejudice to other measures, the Company may warn, temporarily suspend, or permanently disable the User's account, initiate appropriate actions, and/or suspend the account if:
S.1.1. The User violates or fails to comply with any law or any of the stipulations of these Terms and Conditions.
S.1.2. The User fails to meet their obligations as a User.
S.1.3. The User's identity cannot be verified, or any information provided by the User is incorrect.
S.1.4. If the User engages in fraudulent or harmful conduct, as reported in the system.
T. INTERPRETATION. NULLITY AND INEFFECTIVENESS OF CLAUSES
T.1. If any clause of these Terms and Conditions is declared null or void, such nullity shall not affect the validity of the remaining clauses, which will remain in full force and effect.
T.2. These Terms and Conditions, the content of the App, and all documents referenced in both constitute the entire agreement between the User and the Company.
T.3. The Company's tolerance for a User's failure to comply with any provision of these Terms and Conditions will not be considered a waiver of its right to demand compliance.
T.4. These Terms and Conditions and the use of the Company's services shall not be interpreted, and should not be construed, to create any association, joint venture, employer-employee relationship, agency, or franchiser-franchisee relationship between the User and the Company.
T.5. This agreement remains in effect until terminated by TECOPAS LLC or the User. If the User fails to comply with any provision of this agreement, TECOPAS LLC may terminate the User’s access to the app. Upon termination, the User must cease all use of the app and delete all copies from their devices.
U. FREQUENTLY ASKED QUESTIONS
The answers to frequently asked questions related to the use of the App constitute a general description provided solely for informational purposes. The answers to frequently asked questions do not constitute advice of any kind by the Company. These Terms and Conditions will always prevail over the content of the information provided in the Frequently Asked Questions.
V. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions are governed in all respects by the laws of the State of Delaware, United States. Any dispute arising from this agreement, such as its existence, validity, interpretation, scope, or compliance, will be submitted to the state and federal courts located in the State of Delaware, waiving any other jurisdiction that may correspond.