Terms and conditions of use

Last updated: February 24, 2023

General conditions.

1. Your relationship with the developer.

These terms and conditions of use (hereinafter "terms") are applicable to

all users of the "Gifts - My Secret Santa" application (hereinafter "the

application").

These Terms of Service (these "Terms"), which may be amended from time to

time, govern the relationship and serve as a contract between you and

Daniel Martínez Muñoz (hereinafter "the developer" or "we" or "the

Company") and establish the terms and conditions under which you may

access and use the Platform (hereinafter "the Platform"), including

mobile applications and services, websites, products and/or content

(collectively the "Services") . Our Services are generally provided for

private, non-commercial use. For purposes of these Terms, "you" and

"your" refer to you as a user of the Services.

The Platform includes the mobile applications "My Closet" for the Android

and iOS operating systems (hereinafter "the Applications"), the official

website of My Closet (hereinafter "the Website"), as well as the services

of My Closet in other forms now existing or devised in the future. The

version of the Platform may vary depending on factors such as the

jurisdiction from which you are accessing the Platform and the device you

are using. The Services, in whole or in part, may not be available in all

jurisdictions, for all devices, or in all languages. You must obtain,

download and install the appropriate version under the conditions for the

device in your jurisdiction.

You can access the Platform and obtain the Services by downloading from

third-party platforms authorized by the developer, or by accessing the

application's official websites. Unofficial versions of the application

obtained through other platforms or websites are not authorized by the

developer, and it is not responsible for their content. If you suffer any

loss with those versions, we will not be responsible for your losses,

which will be borne solely by you.

These Terms constitute a legally binding contract between you and us.

Please kindly read them carefully.

2. Acceptance of the Conditions

By accessing or using our Services, you confirm that you can enter into a

binding contract with the Company, that you accept these Terms (including

any additional terms attached hereto), and that you agree to abide by

them. Your access to and use of our Services are also subject to our

of which can be viewed directly on the Platform or, if the Platform is

available for download and /or in the application store of your mobile

device, and these conditions are incorporated herein by reference. You

may also be subject to additional terms and policies regarding your

access to or use of certain new features of the Platform, certain

Services and/or your access to or use of certain content for commercial

purposes (if permitted). Such additional terms and policies will become

part of these Terms.

The Services are only directed to persons 13 years of age or older. In

addition, if you are under the age of 18 or under the age of majority in

the jurisdiction in which you reside, you may only access and use the

Services with the consent of your parent or legal guardian. . Please make

sure that your parent or legal guardian has reviewed and discussed these

Terms with you.

If you access or use the Services on behalf of a business or entity, (a)

"you" and "your" include you and that business or entity; (b) you

represent and warrant that you are an authorized representative of the

business or entity with the authority to bind the business or entity to

these Terms, and that you accept these Terms on behalf of the business or

entity; and (c) your company or entity is legally and financially

responsible for your access to and use of the Services, as well as for

the access and use of your account by others, whether or not they are

associated with your company. or entity, including its employees, agents,

or contractors.

You may accept these Terms by accessing or using our Services. You

understand and agree that we will treat your access to or use of the

Services as acceptance of these Terms from then on.

You should print or save a copy of these Terms for your records.

3. Additional conditions

If you are accessing or using the Services from a jurisdiction for which

there are separate additional terms, you also hereby agree to the

additional terms applicable to users in each jurisdiction as described in

the "Additional Terms - Specific to Each Jurisdiction" section.

jurisdiction” below. In the event of a conflict between the provisions of

the Additional Terms: Jurisdiction Specific that are relevant to the

jurisdiction from which you access or use the Services and the rest of

these Terms, the Additional Terms: Jurisdiction Specific that are

applicable to your jurisdiction shall control with respect to your use of

the Services from such jurisdiction.

4. Changes to these Conditions

We may modify or update these Terms from time to time to reflect changes

in applicable laws, regulations, standards, industry codes or other

instruments of a similar nature; or to reflect changes, updates, or new

features to the Platform and/or Services. We will use commercially

reasonable efforts to notify you of all material changes to these Terms

through a notice on the Platform or by other means. You should review

these Terms each time you visit the Platform to stay informed of our

practices. The “Last Updated” date at the top of these Terms reflects the

effective date of such changes to the Terms. Your continued access to or

use of the Platform and/or Services after the date of update constitutes

your acceptance of the updated Terms. If you do not agree to the updated

Terms, you must stop accessing the Platform and the Services and stop

using them.

As used in these Terms, “applicable laws” means all applicable laws,

regulations, rules, statutes, codes, ordinances, orders, writings,

decrees, or other requirements promulgated by a competent authority, in

its version in force in each moment.

5. Your access to and use of our Services

Your access to and use of the Services are subject to these Terms and all

applicable laws and regulations. You agree to use the Services only for

the purposes expressly permitted under these Terms.

You may not do the following:

- access or use the Services if you are not fully capable and legally

competent to agree to these Terms or if your parent or legal guardian

does not consent to your use of the Services, or if the company or entity

you represent does not authorize your use of the Services;

- do or attempt to do any of the following: copy, decipher, modify,

adapt, translate, reverse engineer, disassemble, decompile or create any

derivative works based on the Services, including files, tables or

documentation (or any portion thereof). themselves) (except as expressly

permitted under these Terms) or determine or attempt to determine any

source code, algorithm, method or technique represented by the Services

or any derivative works thereof;

- modify or remove any copyright, trademark, service mark, trade name,

slogan, logo, image or other proprietary notices or marks displayed on or

through the Services;

- distribute, license, transfer or sell, in whole or in part, any of the

Services or any derivative works thereof or use the Services or any

derivative works thereof in a manner not authorized by us;

- market, rent or lease the Services for a fee or payment or for free, or

use the Services to advertise or carry out any business solicitation;

- interfere or attempt to interfere with the proper working of the

Services, disrupt our website or any network connected to the Services,

or circumvent or circumvent any measures we may use to prevent or

restrict access to the Services;

- incorporate the Services into any other program or product, or

incorporate any content from the Services into another program or

product, except as expressly permitted under these Terms;

- impersonate any person or entity or otherwise misrepresent your

affiliation;

- use automated scripts or other technologies to collect information from

the Services or otherwise interact with the Services;

- use the Services to upload, transmit, distribute, store or make

available in any way computer code (including malware or software), files

or content that contains viruses, Trojan horses, worms, spyware, adware,

keyloggers, logic bombs or any other material that is malicious,

technologically harmful, destructive, disabling, or facilitates or

assists the theft, alteration, denial of service, unauthorized

disclosure, or destruction or corruption of data ("Harmful Code");

- use the Services in a way that violates or infringes the rights of

publicity, privacy, copyright, trademark or other intellectual property

or other rights of a third party;

- use the Services to troll, harass, harass, intimidate, distress,

threaten, hurt, embarrass, upset, defame, provoke or antagonize any other

person;

- use the Services to communicate or make available any material or

content that (i) is defamatory to any person, obscene, offensive,

pornographic, hateful or inflammatory; (ii) would constitute, encourage,

or provide instructions to commit a crime, engage in dangerous

activities, or engage in self-harm; (iii) is deliberately designed to

provoke or annoy people, especially to troll and harass, or is designed

to harass, harm, hurt, frighten, distress, embarrass or upset people;

(iv) contains a threat of any kind, including threats of physical

violence; or (v) is racist or discriminatory, including discrimination on

the basis of a person's race, religion, age, sex, disability, or

sexuality; either

engage in any other conduct that restricts or inhibits the use or

enjoyment of the Services by any person, or that, in our sole discretion,

exposes us or any of our users or associates or any third party to

liability, damages or losses of any kind.

We reserve the right, at any time and without notice, to remove or

disable access to content at our discretion for any or no reason. Some of

the reasons we may remove or disable access to content include

determining that the content is objectionable, violates these Terms or

our Community Policy, or is otherwise harmful to the Services or our

users. If you violate these Terms or applicable laws, we may suspend or

terminate your access to the Services at any time with or without notice.

You acknowledge that violation of these Terms or applicable laws may give

rise to civil, criminal or other liabilities.

6. Service Plans, renewal, cancellation and refund

Service Plans

Some of the Services are provided to you free of charge ("Free

Services"); while other Services require payment before you can use them,

including, without limitation, the application's ad-free subscription

Service ("Premium Services" or, together with Free Services, "Service

Plans").

Whether you use Free Services or purchase or subscribe to Premium

Services, you must always use those Service Plans in accordance with

these Terms and applicable laws, as well as all additional rules,

guidelines and requirements applicable to such Service Plans.

For more information about the Premium Services that we will provide to

you, please refer to the detailed descriptions of these services on the

purchase page of the respective Premium Services of the Platform. Except

as otherwise provided by applicable laws in your jurisdiction, we reserve

the right to modify our Service Plans, which may include adjusting the

features or services available or adjusting the prices of Premium

Services in any way and at any time we may. determine, in our sole

discretion, that it will not unreasonably affect the Services and rights

you have purchased and acquired in accordance with the Terms before those

changes take effect.

You can purchase or subscribe to any of our Premium Services by paying

through your Apple ID account or Google account (as the case may be), the

corresponding purchase price, plus taxes, in the currency of your

jurisdiction. You agree that applicable taxes may be charged to you, in

addition to fees for Premium Services. Failure to pay these fees and

taxes will result in the inability, suspension or termination of your

access to the Premium Services.

You may purchase or subscribe to the Premium Services for an

automatically renewing subscription fee, payable in advance on a monthly

basis or at each interval set forth on the purchase page of the

applicable Premium Services on the Platform or as otherwise notified to

you prior to of your subscription or in accordance with another available

payment method.

If you purchase Premium Services through an auto-renewing agreement, you

agree that (a) Apple and/or Google (as applicable) will store and

continue to bill you through your payment method (e.g., your credit card)

to avoid interruption of the Premium Services, and (b) that Apple and/or

Google (as the case may be) calculate the taxes payable by you according

to the billing information that you have provided at the time of

purchase. the purchase. Unless the applicable laws of your jurisdiction

dictate otherwise, we reserve the right to modify our Service Plans or

adjust fees for Premium Services in any way and at any time that we may

determine in our sole discretion, and will We will communicate such

changes to you in advance. Such changes will not unreasonably affect the

Services or rights that you have already purchased and acquired under

these Terms prior to such changes taking effect. Such changes will not be

effective immediately upon renewal of your subscription, unless you

explicitly agree otherwise. In particular, price changes will not take

effect immediately at the beginning of the subscription period subsequent

to the date of the price change. You always have the right to terminate

your subscription to the Premium Services at any time and to voluntarily

choose a different Service Plan. In this regard, you should ensure that

you carefully read the notification of changes to the Service Plan.

You can find information about the prices of the Premium Services either

on the purchase page of our Premium Services or on the description page

of the Platform, in the Apple App Store and/or in the Google Play Store

(as applicable). All subscriptions in the Application version will be

paid through your Apple ID and/or Google account and such payments will

be processed in accordance with the terms and conditions of the Apple App

Store and/or Google Play.

Renewal and cancellation

If you subscribe to the Premium Services through an auto-renewing

agreement, your subscription fee will automatically renew for an

additional period of equal duration to your preceding subscription

period, unless otherwise stated on the Platform. , and you will be

charged automatically at the beginning of each new subscription period

for the fee applicable to that period, unless you cancel or modify your

subscription to the Premium Services before the end of the subscription

period applicable to you that is current at that time.

If you do not want to continue to be charged on a recurring basis, you

must cancel your subscription to the Premium Services through your Apple

ID and/or Google account (as the case may be) before the end of the then-

current subscription period. If you cancel our Services, you will

continue to have access to the Premium Services until the end of the

then-current subscription period and you will be charged the full

subscription fee for that subscription period, unless otherwise provided

in section "Additional Terms - Jurisdiction Specific" below or as

required by applicable law, such as if you unsubscribe for good reason.

Once the cancellation took effect on the last day of the current

subscription period,

You may choose which Premium Services you wish to purchase or subscribe

to (including, without limitation, the duration and price of the

applicable Premium Service you prefer). After the expiration of the term,

the corresponding Premium Services will no longer be provided to you.

refund policy

If you subscribe to Premium Services through Apple Pay or Google Pay,

your cancellation and refund will be subject to the terms and conditions

of the Apple App Store or Google Play. You will continue to have access

to the Premium Services until your subscription payment is returned to

you by Apple or Google.

The foregoing does not exclude or limit your right to a refund, in whole

or in part, if we are required by applicable laws to make such a refund.

7. Intellectual property rights

The Services are protected by applicable copyright, patent, trademark and

other intellectual property rights laws. All intellectual property rights

in and to the Services are owned by us or third party licensors to the

fullest extent permitted by applicable law. Except as expressly provided

in these Terms, you may not publish, reproduce, distribute, display,

perform, edit, adapt, modify, or otherwise exploit any part of the

Services without our written consent.

We respect intellectual property rights and require you to do the same.

As a condition of your access to and use of the Services, you agree not

to use the Services to infringe intellectual property rights or to access

or use the Services or any content on the Services for any unauthorized

or commercial purpose. We reserve the right, with or without notice, at

any time and in our sole discretion to block access to the Services or to

suspend or terminate the account of any user who infringes or is

suspected of infringing intellectual property rights. or other property

rights.

8.Content

Application content

By virtue of the relationship between you and the application, all

content, software, images, text, graphics, illustrations, logos,

stickers, filters, animations, effects, templates, patents, trademarks,

service marks, copyrights, photographs , audio, video, music, and "look

and feel" of the Services, and all intellectual property rights

associated therewith (the "Application Content"), is either owned by the

developer or licensed to the developer . Use of the Application Content

or materials on the Services for any purpose not expressly permitted by

these Terms is strictly prohibited. The Application Content may not be

downloaded, copied, reproduced, distributed, transmitted, retransmitted,

displayed, sold, licensed or otherwise exploited for any purpose without

our prior written consent or that of our licensors. We and our licensors

reserve all rights not expressly granted in your content.

Solely in accordance with these Terms, you are hereby granted a non-

exclusive, limited, non-transferable, revocable and non-sublicensable

license to access and use the Services, including to download the

Platform on a Permitted Device, and to access the Application Content

solely for your personal, non-commercial use through the use of the

Services and solely in compliance with these Terms. The developer

reserves all rights not expressly granted herein in the Services and the

Application Content. You acknowledge and agree that the developer may

terminate this license at any time for cause or no reason.

You acknowledge and agree that when you view content provided by others

on the Services, you do so at your own risk. The content on our Services

is provided for general information purposes only. It is not intended to

be considered advice that one should rely on. You should obtain

professional or specialized advice before taking, or refraining from

taking, any action based on the content contained in the Services.

We make no representation, warranty or condition, express or implied,

that the Application Content is correct, complete, or up-to-date.

User Generated Content

Users of the Services may have permission to upload, post, transmit, or

make available content through the Services, including, without

limitation, any text and/or photographs uploaded to, or otherwise

available through, the Services. ("User Content").

The information and materials in the User Content, including User Content

that contains Platform Elements, have not been reviewed, verified,

endorsed or approved by us. The opinions expressed by any user, in or

through the User Content do not represent our opinions or values. We do

not guarantee the accuracy, completeness, adequacy or quality of any User

Content, and we will not be liable under any circumstances or in any

respect for any User Content.

You may be able to access or use a feature of the Services that allows

you to upload or transmit User Content to a third-party platform or share

User Content with other users. If you use such a feature, you must comply

with such third party platform's content guidelines, as well as the

requirements set forth in Article 5 (Your access to and use of our

Services) above. As noted above, these features may not be available to

all users of the Services, and we have no liability to you for limiting

your access to certain features of the Services. You warrant that you

will comply with such requirements, and that you will be liable to us and

indemnify us for any violation.

All User Content will be considered non-confidential. You shall not

upload or make available any User Content on or through the Services or

make available to us any User Content that you consider to be

confidential or proprietary to another person. If you upload or make

available User Content through the Services, you agree, represent and

warrant that you are the owner of such User Content or that you have

received all necessary permissions (including any necessary licences),

authorizations from the owner of any content to submit such User Content

to the Services and/or to otherwise use such User Content on or through

the Services.

You must own your User Content or have obtained all necessary rights,

licenses, and releases to any and all items of your User Content.

Except as otherwise expressly provided in these Terms, you or the owner

of your User Content remain the owner of the copyright and other

intellectual property rights in the User Content you submit to us, but by

submitting User Content User through the Services, you hereby grant us

and our affiliates, agents, service providers, partners and other related

third parties an unconditional, irrevocable, non-exclusive, royalty-free,

fully transferable (including by sublicense), perpetual and worldwide to

use, modify, adapt, reproduce, make derivative works of, display,

publish, transmit, distribute and/or store your User Content to provide

the Services to you.

In addition, you grant us and our affiliates, agents, service providers,

partners, and other related third parties a royalty-free, fully

transferable (including by sublicense), worldwide license to use your

username, likeness, and likeness to identify you as the source of your

User Content, including use in sponsored content.

We, or authorized third parties, reserve the right to cut, crop, edit or

deny uploading of your content at our sole discretion. In addition, we

have the right – but not the obligation – in our sole discretion to

remove, reject, block, or delete any User Content (i) that we believe

violates these Terms (including, among other things, the content

requirements set forth in the previous article 6); or (ii) in response to

complaints from other users or third parties, with or without prior

notice and without any liability to you. Accordingly, you should keep

copies of all User Content that you upload or make available on the

Services on your personal device(s) in case you want to ensure that you

have permanent access to copies of such User Content. User.

We accept no responsibility for any content or information submitted or

provided by users of the Services and made available on the Services or

posted elsewhere by users and/or third parties. You acknowledge that we

are under no obligation to pre-screen, monitor, review or edit any

content provided by you and other users on the Services (including User

Content).

Complaints.

You acknowledge and agree that in certain circumstances, we have the

right to disclose your identity to any third party who alleges that User

Content posted by you on our Services or uploaded by you to our Services

constitutes a violation of their intellectual property rights or of your

right to privacy.

If you wish to complain about information and materials (including User

Content) posted by other users, or if there is any other issue you wish

to raise with us, please contact us at developer@danielmartinez.info.

We will take all commercially reasonable steps to promptly remove from

our Services any material that we become aware of infringing your rights.

It is our policy, in appropriate circumstances and at our discretion, to

disable or terminate the accounts of users of the Services who repeatedly

infringe the copyrights or intellectual property rights of others.

reactions.

While our own staff continually work to develop and test our own product

and feature ideas, we pride ourselves on paying close attention to the

interests, reactions, comments, and suggestions we receive from the user

community. If you choose to contribute by submitting to us or our

employees or staff ideas for products, services, features, modifications,

enhancements, content, adjustments, technologies, content offerings,

promotions, strategies or product or feature names, or any documentation,

graphic design , computer code, diagram or other associated materials

(collectively, “Reactions”), regardless of what your associated

communication says, the following conditions will apply, so that both you

and us clearly understand the status of such Feedback. Therefore, by

sending us your Feedback, you agree to the following:

- that we are under no obligation to review, consider, comment on or

apply your Feedback, or return all or any part of your Feedback to you

for any reason;

- that the Feedback is provided on a non-confidential basis, and that we

are not obligated to maintain the confidentiality of the Feedback you

submit or to refrain from using or disclosing it in any way; and

that you irrevocably grant us an unconditional, irrevocable, non-

exclusive, royalty-free, fully transferable (including by sublicensing),

perpetual, worldwide, unlimited license to adapt, reproduce, distribute,

create derivative works from, modify, publicly perform (including

directly to the end audience), communicate to the public, make available,

publicly display, and otherwise use and exploit the Reactions and

derivative works thereof for any purpose and without restriction, free of

charge and without attribution of any kind, including making, using,

selling, offering for sale, importing and promoting commercial products

and services that incorporate or represent the Reactions, either in whole

or in part, and as supplied or in modified form.

9. INDEMNITY

YOU WILL DEFEND, INDEMNIFY AND HOLD FROM LIABILITY THE COMPANY, ITS

PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, SUBLICENSEES, AGENTS, ADVISORS AND CREATORS, AS

WELL AS THEIR ASSIGNEES AND SUCCESSORS (EACH OF THEM, AN "INDEMNIFIED

PARTY") FROM AND AGAINST ALL DIRECT AND INDIRECT LOSSES, CLAIMS,

LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO,

THE EXPENSES AND HOURS OF LEGAL ASSISTANCE, WHICH MAY BE SUFFERED OR

SUPPORTED BY AN INDEMNIFIED PARTY OR ALLEGED AGAINST AN INDEMNIFIED PARTY

FOR A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR

APPLICABLE LAW, OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS,

REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS.

10. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY

NOT AGREE TO ALTER OR CONTRACTUALLY WAIVE AND WHICH YOU ARE ALWAYS

LEGALLY ENTITLED TO AS A CONSUMER.

THE SERVICES (INCLUDING SOCIETY CONTENT) ARE PROVIDED ON AN "AS IS" AND

"AS AVAILABLE" BASIS, INCLUDING ALL FAULTS, AND WE MAKE NO

REPRESENTATIONS OR REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU,

EITHER EXPRESS OR IMPLIED. , WITH RESPECT TO THEM. IN PARTICULAR, WE DO

NOT REPRESENT OR WARRANT THE FOLLOWING:

THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR

INTENDED RESULTS;

THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE OR

ERROR-FREE OR FREE OF HARMFUL CODE;

THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE

SERVICES WILL BE COMPLETE, CORRECT, CURRENT, OR RELIABLE; EITHER

THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED

TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO REPRESENTATIONS, REPRESENTATIONS, WARRANTIES OR OTHER CONDITIONS

(INCLUDING REQUIREMENTS, REPRESENTATIONS, CONDITIONS OR WARRANTIES AND

IMPLIED TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A

PURPOSE, FITNESS FOR DESCRIPTION, NON-INFRINGEMENT OR OTHER VIOLATION OF

RIGHTS) SHALL APPLY TO THE SERVICES (INCLUDING COMPANY CONTENT), EXCEPT

TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS. WE MAY MODIFY,

SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE

PLATFORM AND/OR SERVICES FOR BUSINESS OR OPERATIONAL REASONS AT ANY TIME

WITHOUT NOTICE.

WE ARE NOT OBLIGATED TO PROVIDE YOU WITH ANY TRANSITION SERVICES OR

TECHNICAL OR OTHER SUPPORT AFTER THE SUSPENSION OR TERMINATION OF ANY

SERVICE, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR

COMMITMENT.

11. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES

WHICH MAY NOT LEGALLY BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS

INCLUDES LIABILITY FOR DEATH OR INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE

OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT

STATEMENT.

WITHOUT LIMITING THE FOREGOING PARAGRAPH, WE SHALL NOT BE LIABLE FOR THE

FOLLOWING:

(i) ANY LOST PROFITS (WHETHER SUPPORTED DIRECTLY OR INDIRECTLY); (II) ANY

LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS,

CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER

USE OF DATA INCURRED BY YOU; OR (V) ANY INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHICH YOU MAY HAVE; I

(ii) ANY LOSS OR DAMAGE THAT YOU MAY SUSTAIN AS A RESULT OF THE

FOLLOWING:

ANY CHANGES WE MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY

CESSATION IN PROVIDING THE SERVICES (OR ANY FEATURE OF THE SERVICES);

THE DELETION, CORRUPTION OR FAILURE TO STORE CONTENT AND OTHER

COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY THE SERVICES OR THROUGH

THE USE OF THE SERVICES.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER WE HAD BEEN

ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SHOULD HAVE KNOWN OF SUCH

POSSIBILITY.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES APPLICABLE TO YOUR USE OF OUR

SERVICE, INCLUDING CHARGES FOR TEXT MESSAGES AND DATA. IF YOU ARE UNSURE

OF THE AMOUNT OF SUCH CHARGES, YOU SHOULD CHECK WITH YOUR SERVICE

PROVIDER BEFORE USING THE SERVICE.

WE ARE NOT RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE BY ANY USER OR

THIRD PARTY ON OR THROUGH THE PLATFORM OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE BETWEEN YOU AND A

THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF

EXAMPLE AND WITHOUT LIMITATION, ANY TELEPHONE PROVIDER, COPYRIGHT OWNER,

THIRD PARTY RESOURCE PROVIDER OR WEBSITE OR ANOTHER USER, OR PLATFORM

CREATOR, IS A DISPUTE DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU

IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ALL LAWSUITS, CLAIMS, AND

DAMAGES (DIRECT AND CONSEQUENTIAL) FROM ANY SUCH KIND AND NATURE, KNOWN

AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DISPUTES WITH

SUCH THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S MAXIMUM

TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),

UNDER ANY STATUTE OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE

OF THE PLATFORM OR THE SERVICES, WILL BE LIMITED TO THE GREATER OF THE

FOLLOWING: (A) THE AMOUNT PAID BY YOU TO US WITHIN THE TWELVE (12) MONTH

PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY UNITED STATES

DOLLARS ($50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION

10 AND THE LIMITATION OF LIABILITY IN THIS SECTION 11 AND THE OTHER

PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL

ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES,

12. Interruption and termination of services

We will use commercially reasonable efforts to keep the Services

operational. However, we do not guarantee the availability of any

Service, unless otherwise required by applicable law. You acknowledge

that the Services may be interrupted from time to time for various

reasons (eg, scheduled or emergency downtime or failure of network or

telecommunications service providers).

We may also terminate the Services and your access to or use of the

Services permanently.

You agree that we do not assume any obligation or liability to you with

respect to the Services for the withdrawal of Service Plans, or

interruption, modification or termination of the Services or any part

thereof, to the fullest extent permitted by law. current.

13.Other conditions

to. Applicable law and jurisdiction. Unless it is established in the

section Additional conditions: specific for each jurisdiction that

appears below, these Conditions, their object and their formation are

governed by the laws of Spain. Any dispute arising out of or in

connection with these Terms, including any matter relating to the

existence, validity, or termination of these Terms, shall be referred and

ultimately resolved by arbitration administered by the Spain

International Arbitration Center in accordance with the Arbitration

Rules. of the International Arbitration Center of Spain in force at that

time, rules that are considered incorporated by reference in this clause.

The seat of arbitration will be Spain. The Tribunal will consist of three

(3) arbitrators. The language of arbitration will be Spanish.

b. Validity. This section 13.b, the rights granted to us in section 8 and

sections 7, 9, 10 and 11, as well as the remaining requirements of

section 13 will continue in force after the expiration of these

Conditions.

c. Open Source. The Platform contains certain open source software. Each

item of open source software is subject to its own applicable license

terms.

d. full agreement. These Terms constitute the entire legal agreement

between you and the Company and govern your use of the Services, taking

precedence over any prior communications and proposals (whether oral,

written or electronic) between you and us.

and. Non-demand clause. Our failure to enforce any provision of these

Terms, or our failure to act in the event of a breach by either party,

does not mean that we waive our right to enforce or respond to any

subsequent violation. Nothing in these Terms impairs our right to comply

with governmental, judicial and law enforcement requests or demands in

connection with your use of the Services or information provided to us or

collected by us in connection with said use.

F. Security. We do not guarantee that our Services are secure or free of

errors, viruses, or harmful code. You are responsible for configuring the

IT, software and platform to access our Services. You must use your own

virus protection software.

g. Divisibility. If any court with jurisdiction to decide on this matter

rules that any provision of these Conditions is invalid, that provision

will be removed without affecting the rest of the Conditions. The

remaining provisions will continue to be valid and effective.

h. Linked Third Party Content. The Services may incorporate links to

third party content. We do not control, endorse, sponsor, recommend, or

accept any responsibility for such content. Use of any linked third-party

content is at the user's own risk.

Yo. Third party rights. Unless specifically provided in the Additional

Terms - Specific Jurisdiction, persons who are not a party to these Terms

shall have no right under the Contracts (Rights of Third Parties) Act

2001 to cause comply.

j. Predominant language. These Conditions may be provided in languages

other than the Spanish version. Unless explicitly stated in these

Conditions, if there is any discrepancy between the versions of the same

in different languages, the Spanish version will prevail.

k. Do you have any questions? Contact developer@danielmartinez.info.

Additional Terms: App Stores

To the extent permitted by applicable law, the following additional terms

will apply when accessing the Platform and Services through specific

devices and their corresponding app stores:

Apple App Store. By accessing the Platform and Services through a device

manufactured by Apple, Inc. ("Apple"), you specifically agree that:

- These Conditions constitute an agreement between the Company and you;

Apple is not a party to these Terms.

- The license granted to you hereunder is limited to a personal, limited,

non-exclusive, non-transferable right to install the Platform and

Services on authorized Apple devices that you own or control for your

personal, non-commercial use. subject to the Usage Rules set forth in the

Apple App Store Terms and Conditions.

- Apple is not responsible for the Platform and Services or their content

and has no obligation to provide maintenance or support services with

respect to the Platform and Services.

- In the event that the Platform and Services do not meet any applicable

warranty, you may notify Apple, and Apple will refund the purchase price

of the Platform and Services, if any. To the extent permitted by

applicable law, Apple will have no other warranty obligation with respect

to the Platform and Services.

- Apple is not responsible for addressing any claims made by you or any

third party in connection with, your possession of, or your use of the

Platform and Services, including, without limitation, (a) claims for

defective products; (b) claims motivated by the lack of adaptation of the

Platform and the Services to any applicable legal or regulatory

requirement; and (c) claims under consumer protection or similar

legislation.

- In the event that a third party claims that the Platform and Services,

or your possession and use of them, infringes their intellectual property

rights, Apple will not be responsible for investigating, defending,

remedying or resolving such claim for breach of intellectual property

rights.

- You represent that (a) you are not located in a country that is

embargoed by the United States Government, or has been designated by the

United States Government as a "terrorist collaborator" country; and (b)

you are not listed on any US Government list of parties with whom

collaboration is prohibited or restricted.

- Apple and its affiliates are third-party beneficiaries of these Terms,

and after your acceptance of these Terms, Apple will have the right (as

you have accepted this right) to require you to comply with these Terms

as a third-party beneficiary of these Terms.

- The Company expressly authorizes multiple users to use the Platform and

the Services through the "Family Sharing" function or any other function

that Apple provides.

Google play. By downloading the Platform and Services from Google Play

(or its successors) operated by Google, Inc. or one of its affiliates

("Google"), you specifically acknowledge and agree that:

- In the event of any inconsistency between (a) the Google Play Terms of

Service and the Google Play Partnership and Program Policies or any other

terms that Google designates as default end user license terms applicable

to Google Play (in hereinafter referred to as the "Google Play Terms"),

and (b) the provisions of these Terms, the Google Play Terms apply to

your use of the Platform and Services you download from Google Play; and

You acknowledge that Google assumes no responsibility or liability in

connection with the Company's or you (or any other user's) compliance

with or breach of the Google Play Terms.

Additional conditions: specific to each jurisdiction

USA

If you use the Platform in the United States, the following additional

terms apply:

Applicable Law. These Conditions, their subject matter and their

formulation are governed by the laws of the State of California.

Arbitration and Class Action Waiver

An arbitration agreement is included in this section and you agree to

bring any claim in an individual capacity only (not in a class or other

representative proceeding). We kindly ask you to read it carefully. YOU

MAY DECLINE TO BE A PARTY TO THE AGREEMENT TO ARBITRATION ACCORDING TO

THE PROCEDURE BELOW.

Prior informal procedure. You agree that, in the event of any dispute

between you and the Company, you will first contact the Company and

attempt to resolve the dispute in good faith before resorting to more

formal means of resolution, including, among other things, any judicial

action.

Arbitration Agreement. Upon completion of the informal dispute resolution

process, any remaining dispute, controversy or claim (collectively, the

"Complaint") relating to your use of the Company's services and/or

products, including the Services, will be resolved finally through

binding arbitration. You and the Company are bound by this binding

arbitration agreement on the same terms. However, this arbitration

agreement does not (a) regulate any claim that the Company presents in

case of infringement of its intellectual property rights or unauthorized

access to the Services or that exceeds the authorization granted under

these Conditions, nor (b) prevents you from availing yourself of any

applicable small claims court proceedings.

You agree that the United States Federal Arbitration Act governs the

interpretation and enforcement of this provision, and that you and the

Company each waive your right to participate in a jury trial or class

action. This arbitration provision will survive termination of these

Terms.

If you wish to initiate arbitration proceedings, after you have exhausted

the informal dispute resolution procedure, you must send a letter

requesting arbitration and describing your claim to the Company through

the channels listed below:

Email: developer@danielmartinez.info

The arbitration will be conducted by the American Arbitration Association

(AAA) in accordance with its rules, including, if you are an individual,

the AAA's Additional Procedures for Resolving Consumer Disputes. If you

are not an individual or have used the Services on behalf of a legal

entity, the AAA's Additional Procedures for resolving Consumer Disputes

will not apply. You can view the AAA's rules at www.adr.org or by calling

1-800-778-7879.

The arbitration proceeding will be held in Los Angeles, California, in

the English language.

Payment of all filing, administration and arbitration fees will be

governed by the AAA rules. If you are an individual and you have not

accessed or used the Services on behalf of an entity, we will return

those fees to you for claims where the amount in dispute is less than

$10,000, unless the arbitrator determines that the claims are

unenforceable, and we will not claim legal defense fees or arbitration

costs unless the arbitrator finds the claims unenforceable.

The arbitrator, and not any federal, state, or local court, shall have

exclusive authority to resolve any dispute relating to the

interpretation, applicability, inconsistency, arbitrariness,

enforceability, or articulation of this arbitration agreement, including

any claim that the entire or any part of this arbitration agreement is

void or voidable. However, the above sentence shall not apply to the

"Class Action Waiver" section below. To the extent that a Demand for

injunctive relief is available to you, such Demand may only be heard in a

court of law after the conclusion of a related arbitration on any other

Demand.

If you do not wish to arbitrate with the Company and you are an

individual, you may opt out of this agreement to arbitrate by sending an

email notice to: developer@danielmartinez.info within thirty (30) days of

the first date of access or use of the Services.

CLASS ACTION WAIVER. ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CLASS,

REPRESENTATIVE, MULTIPLE CLAIMANT OR SIMILAR PROCEEDING (“CLASS ACTION”).

THE PARTIES EXPRESSLY WAIVE ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM

IS SUBMITTED TO ARBITRATION, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO

COMBINE OR JOIN SIMILAR CLAIMS OR BRING A CLASS ACTION OR MAKE AN AWARD

TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT

ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNENFORCEABLE,

VOID OR VOIDABLE MAY ONLY BE DETERMINED BY A COURT OF COMPETENT

JURISDICTION AND NOT BY AN ARBITRATOR.

If this Class Action Waiver is held invalid or unenforceable, then the

entire Agreement to Arbitrate, if any, shall be null and void. If any

other provision of the Agreement to Arbitrate is held invalid or

unenforceable, that provision will be struck down and the other

provisions will apply to the fullest extent provided by law.

If, for any reason, the details of a claim are decided in court rather

than in arbitration, both you and the Company waive any right to a jury

trial.

California resident. If you are a California resident, pursuant to s.

California Civil Code 1789.3, you may submit your complaints to the

Complaint Assistance Unit of the Division of Consumer Services of the

California Department of Consumer Affairs by contacting them in writing

at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone

at (800) 952-5210.

Art. 1542 of the California Civil Code. If you reside in California, you

are waiving California Civil Code Section 1542, which states that a

"general release does not extend to claims that the creditor or the

releasing party does not know or suspect exists in their favor at the

time of foreclosure." the resignation and that, had they been known, they

would have substantially affected their out-of-court transaction with the

debtor or beneficiary party of the resignation".

Exports. You agree not to export or re-export, directly or indirectly,

the Services or other information or materials provided by the Company

hereunder, to any country for which the United States or any other

relevant jurisdiction requires an export or other license. government

approval at the time of export without first obtaining such license or

approval. In particular, but not limited to, the Services may not be

exported or re-exported (a) to any country subject to a US embargo or to

any country that has been designated by the US Government as a country

that "supports terrorism," or (b) to any person on any U.S. Government

list of parties subject to prohibitions or restrictions,

US Government Restriction of Rights The Services and related

documentation are "Commercial Items" as that term is defined in 48 CFR

Part 2.101, consisting of "Commercial Software" and "Commercial Software

Documentation" as such terms are used in 48 CFR § 12.212 or 48 CFR §

227.7202, as applicable. Pursuant to 48 CFR §12.212 or 48 CFR §227.7202-1

through 227.7202-4, as applicable, the Commercial Software and Commercial

Software Documentation are licensed to end users in the United States

Government United (a) as Trade Items only,

DMCA Copyright Policy

We have adopted the following general policy regarding copyright

infringement in accordance with the Digital Millennium Copyright Act. The

address of the designated agent to receive notice of alleged infringement

(“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement: If you believe that

materials or content hosted on or accessible through the Platform or

Services infringe a copyright, please submit a copyright infringement

notice containing the following information to the Designated Agent which

is indicated below:

1. An email address, physical address, and phone number so that we and

the person whose content is allegedly infringing your work can contact

you.

2. The URL or other identifying location of the allegedly infringing

work.

3. The type of content you are reporting. It can be video, source, image,

etc.

4. The reason you are reporting this content and your request.

5. Supporting documents or URLs to show entitlement details. If you do

not have the material to show the right owner, please clearly and

completely describe the work that you believe has been infringed.

6. A statement that you have a good faith belief that use of the material

in the manner complained of is not authorized by the copyright owner, its

agent, or the law; under penalty of perjury, that the above information

is accurate, and that you are the copyright owner or authorized to act on

the copyright owner's behalf; and you agree that any information

submitted in your copyright infringement notification may be forwarded to

the person who uploaded the content, or otherwise made public by us or a

third party.

7. The physical or electronic signature of the copyright owner or an

authorized representative thereof. To satisfy this requirement, you may

type your full legal name (not that of a Company) at the bottom of your

notice .

If we receive a takedown notice pursuant to the above, we will remove the

material cited in the notification and will attempt to notify any user

who has uploaded the allegedly infringing material if we have their

contact information. Such user will have the opportunity to submit a

"counter-notification" as set forth below. If we determine that a user

has repeatedly infringed the intellectual property rights of others, we

will deactivate the user's accounts with us from time to time.

Procedure for Giving a Counter-Notification: If any user believes that

any material removed does not infringe any rights or that the user has

the right to post and use such material from the copyright owner, the

a counter-notification containing the following information to the

Designated Agent indicated below:

1. A physical or electronic signature of the user;

2. Identification of the material that has been removed and the location

in which the material appeared prior to its removal;

3. A statement that the user has a good faith belief that the material

was removed as a result of mistake or a misidentification of the

material; and

4. The name, address, telephone number and, if available, email address

and a statement that said person or entity consents to the jurisdiction

of the Federal Court for the judicial district in which the address is

located of the user, or if the user's address is outside of the United

States, for any judicial district in which it is located, and that such

person or entity will accept service of process from the person who

provided notice of the alleged infringement.

If the Designated Agent receives a counter-notification, we will send a

copy of the counter-notification to the original complaining party

advising that person that we may restore the removed material after 10

days. The original complaining party will then have 10 days to notify us

that they have brought legal action regarding the allegedly infringing

material. If we do not receive such notification within 10 days, we may

restore the material, at our discretion.

Contact the Designated Agent to receive notice of alleged infringement

for Company at developer@danielmartinez.info.

Your content. In connection with your use of the Services, you may be

able to upload or submit content to be made available through the

Services ("Your Content"). As a condition of your use of the Services,

you grant us a non-exclusive, perpetual, irrevocable, royalty-free,

worldwide, transferable, and sublicensable license to access, use, host,

cache, reproduce, transmit, and display Your Content in connection with

with your use of the Services. By submitting Your Content using the

Services, you represent and confirm that you have, or have obtained, all

rights, licences, authorizations, permissions, power, or authority

necessary to grant the rights granted herein to Your Content. You agree

that Your Content does not include material that is subject to copyright

or other proprietary rights, unless you have the necessary permission or

are legally authorized to upload the material and grant us the license

described above. Notwithstanding anything to the contrary, we are under

no obligation to maintain Your Content. Your Content will not be

available once you remove the Platform.

Use of the Platform. You are responsible for providing the mobile device,

wireless service plan, software, Internet connections, or other equipment

or services you need to download, install, and use the Platform. We do

not guarantee that the Platform can be accessed and used on a particular

device or with a particular service plan. We do not guarantee that the

Platform will be available in any specific geographic location. As part

of the Services, you may receive push notifications or other types of

messages sent directly to you related to the Platform ("Push Messages").

You acknowledge that when using the Platform, your wireless service

provider may charge you fees for data, text messages, or other types of

wireless access, including in connection with Automatic Messages. You are

in control of your Push Message settings, and you can choose whether or

not to receive Push Messages through the Services or your mobile device's

operating system (with the possible exception of important service

announcements and infrequent administrative messages). Please check with

your wireless service provider to determine what fees apply to your

access and use of the Platform, including the receipt of Automated

Messages. You are solely responsible for any fees, costs, or expenses you

incur to download, install, or use the Platform on your mobile device,

including receiving Automated Messages. and you can choose whether or not

to receive such messages through the Services or your mobile device's