1. Introduction and Acceptance
1.1. **Overview. **These Terms and Conditions (“Terms”) between you (“you”, “your”, “User”) and 3Vision Corp, corporation incorporated under the laws of the Republic of Panama (“Company”, “we”, “us”, “our”) govern your access to and use of our website: 3look.io (the “Website”), its Сonnected Applications, and all related services (collectively, the “Service”). For ease of reference, the term “Platform” refers to the aggregate of the Website, the Connected Applications and the Service. 1.2. Acceptance of Terms. By accessing Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional policies incorporated herein. If you do not agree, please do not access or use Platform. Registration of Account or continued use of Platform constitutes your express agreement to these Terms. 1.3. **Definitions. **The following definitions shall apply to interpret these Terms: - “Account” means a registered account created by the User to access the Platform.- “Content” refers to any and all content, materials, data, text, images, graphics, photographs, videos, audio files, animations, memes, GIFs, stickers, templates, designs, modifications, derivatives, compilations, or other creative works that are:
- “Connected Applications” means any external or add-on applications that are linked to a Website or Service, providing additional capabilities such as enhanced content, user interaction, and communication without requiring separate access credentials.
- “Intellectual Property Rights” means all present and future rights related to patents, copyrights, trademarks, trade secrets, and other proprietary rights.
2. Scope of Service and Access
2.1. **Service Description. **The Platform is an online tool that allows Users to create, customize, and share content with subsequent publication to social media platforms, including both immediate publication and scheduled publication functionality. Users may utilize the Platform’s scheduling feature to designate specific future dates and times for automated content publication to X, subject to third-party platform availability, API functionality, and the technical limitations specified herein. Subject to these Terms and User’s compliance therewith, Company provides access to the following Platform features and functionality, which may be modified, enhanced, or discontinued at Company’s sole discretion: (a) Digital Asset Library Access: Non-exclusive, non-transferable access to Company’s proprietary library of digital assets, including but not limited to static and animated stickers, graphics interchange format files (“GIFs”), emoji symbols, meme templates, and other multimedia content (“Library Assets”), provided that such access is limited to use within the Platform environment and subject to the licensing terms specified herein; (b) Content Creation and Editorial Tools: Web-based software tools and user interfaces enabling Users to create, modify, customize, edit, combine, and otherwise manipulate digital content, including but not limited to text overlay functionality, image editing capabilities, template customization features, and multimedia compilation tools; (c) Brand Asset Integration: Subject to separate licensing agreements and brand partner terms, functionality enabling incorporation of third-party brand elements, logos, trademarks, and branded content into Content, provided that such integration complies with brand guidelines and licensing restrictions as may be specified by the respective brand owners; (d) Third-Party Platform Publishing Integration: Automated publishing functionality enabling direct transmission of Content to X and other supported social media platforms through application programming interface (“API”) integration, subject to the terms of service and policies of such third-party platforms; (e) Activity Metrics and Gamification System: Proprietary algorithmic system for tracking, calculating, and displaying User engagement metrics through a virtual points-based scoring system, including leaderboard functionality and performance analytics. The Company reserves the right, at its sole discretion, to modify, update, or discontinue any aspect of the Platform`s services and functionality at any time, with or without prior notice. Any such changes may affect the scope, features, or performance of the Platform provided. Your continued use of the Platform after such modifications constitutes your acceptance of the updated services and any revised Terms. All details are provided on the relevant page of Platform which shall be considered as part of these Terms. The Company may, at its sole discretion, deploy bug fixes, error corrections, patches, and other improvements that do not materially alter the core functionality of the Platform (“Updates”). Any such Updates provided to you will automatically become part of the Platform`s services under these Terms, and you acknowledge that these improvements are included without additional cost. However, the Company is under no obligation to supply any Updates. Notwithstanding the foregoing, you further acknowledge and agree that the Company may periodically release significant enhancements or modifications that materially change the functionality of the Platform (“Upgrades”). Unlike Updates, Upgrades will not automatically become part of the Platform`s services under these Terms, and the Company reserves the right to charge additional fees for access to such Upgrades. 2.2. Gratuitous Service Provision and Modification Rights. (a) No-Fee Service: The Platform and all features described herein are currently provided to Users without charge, fee, or monetary consideration. User acknowledges that this gratuitous provision does not create any obligation on Company’s part to continue providing such service without charge or to maintain any particular level of service availability, functionality, or support. (b) Pricing Policy Modification Rights: Company expressly reserves the unilateral right, exercisable at Company’s sole and absolute discretion, to modify, alter, or discontinue the gratuitous nature of the Service at any time, including but not limited to the implementation of subscription fees, usage-based pricing, premium feature tiers, or other monetization models. Any such modifications shall be effective upon thirty (30) days’ prior written notice to Users, which notice may be provided through email, Platform notifications, or posting of updated Terms. (c) No Consideration or Reliance: User acknowledges that User’s use of the gratuitous Service does not constitute consideration for any agreement or create any expectation of continued free access, and User agrees not to rely upon the continued gratuitous provision of the Service for any business, personal, or other purposes. 2.3. **Third-Party Integrations. **The Service may include features provided by third-party vendors. Use of such features is subject to their terms and conditions, and we are not responsible for their content or performance. 2.4. **Acceptable Use Policy. **By using the Platform, you agree to adhere to the following acceptable use guidelines. Your compliance with these provisions is a condition of your continued access to and use of the Platform:- Lawful Use: You shall use the Platform exclusively for lawful purposes and in full compliance with these Terms, as well as all applicable local, state, national, and international laws and regulations.
- Preservation of System Integrity: You agree not to engage in any activity that may harm, disable, overburden, or otherwise impair the Platform’s infrastructure or its operation. This includes, but is not limited to, initiating any form of denial-of-service attack, distributing malware, or otherwise interfering with the performance of the Platform.
- Unauthorized Access Prohibition: You shall not attempt to gain unauthorized access to the Platform, its systems, networks, or any data or resources that you are not expressly permitted to access. Any such attempts may result in immediate termination of your Account and legal actions.
- Content Restrictions: You must not use the Platform to create, promote, or disseminate any material that constitutes hate speech, disinformation, or misinformation. This includes content that may incite harm or violate the rights of others and applicable law.
- Usage Scope: Your use of the Platform is limited to the purposes for which your account was intended and described in your personal account. Any use beyond this scope is strictly prohibited.
- Compliance with Guidelines: You agree to comply with all usage guidelines, restrictions, and instructions provided by the Company from time to time, whether these are communicated via these Terms or through other official channels.
- Pornographic materials: You agree not to post on the Platform any links to any external websites or resources that are obscene or pornographic or display pornographic or sexually explicit material of any kind as determined by the Company on the relevant page of Platform.
- **Third party materials: **You agree not to post or transmit through the Platform any information or materials that violates or infringes another person’s intellectual property rights (including, but not limited to, third party music, videos, photos or other materials where you do not have written authority from the owner to post or transmit such materials).
- Advertising: You agree not to transmit, upload or post through the Platform any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other forms of solicitation.
- Information gathering: You agree not to collect or gather the contact information or email addresses of other users through electronic or any other methods.
- Impersonation prohibition: You agree not to impersonate any person or entity, including by forging headers or manipulating identifiers, or otherwise misrepresent your affiliation with any individual, organization, Company official, or host.
- No Endorsement and Preservation of Proprietary Notices: You agree not to imply that any of your statements or actions are endorsed by the Company unless expressly authorized, nor may you remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on the Platform or related materials.
- **Framing and Mirroring Restrictions: **You agree not to “frame” or “mirror” any elements of the Platform without the Company’s express prior written consent.
3. User Account
3.1. **Account Registration. **Access to and use of the Platform is contingent upon User’s successful completion of X’s authentication protocol. User acknowledges and agrees that no alternative authentication methods are available, and failure to complete or maintain valid X authentication shall result in immediate termination of Platform access without liability to Company. Third-Party Account Security Obligations: User bears sole and absolute responsibility for maintaining the security, confidentiality, and integrity of User’s X account credentials, including but not limited to username, password, two-factor authentication codes, and any other security measures implemented by X. User acknowledges that any compromise of X account security may result in unauthorized Platform access and agrees that Company bears no responsibility for consequences arising from such compromise. Third-Party Terms Compliance: User’s use of the Platform through X’s integration is subject to X’s Terms of Service, Privacy Policy, Developer Agreement, and all other applicable X’s policies, as such may be modified from time to time. User agrees to comply with all such third-party terms and acknowledges that any violation thereof may result in termination of Platform access. 3.2 Account Information Accuracy and User Conduct Obligations (a) Information Accuracy Warranty: User warrants and represents that all information provided to Company in connection with account creation, profile maintenance, or Platform use is true, accurate, current, and complete (“Account Information”). User agrees to promptly update Account Information to maintain its accuracy and completeness and acknowledges that failure to do so may result in service interruption or account termination. (b) Comprehensive Account Liability: User acknowledges and agrees that User is solely and exclusively liable for all activities, transactions, content creation, content publication, and any other actions or omissions occurring under or in connection with User’s account, regardless of whether such activities are authorized by User. This liability extends to but is not limited to: unauthorized account access, content posted by third parties using User’s credentials, violations of these Terms, and any damages or losses suffered by Company or third parties as a result of account-related activities. (c) Unauthorized Access Notification Obligation: User covenants to notify Company immediately, and in no event later than twenty-four (24) hours after discovery, of any actual or suspected unauthorized use of User’s account, Authentication Credentials, or any other security breach related to User’s Platform access. Such notification shall be provided through the designated contact methods specified by Company and shall include all relevant details regarding the nature, scope, and potential impact of the unauthorized access. (d) Account Monitoring and Remedial Actions: User authorizes Company to monitor account activity for security purposes and to take immediate remedial action, including but not limited to account suspension, credential revocation, or service termination, upon detection of suspicious activity, Terms violations, or security threats. User waives any claims against Company arising from such monitoring or remedial actions taken in good faith to protect Platform security and integrity. (e) Account Non-Transferability: User accounts are personal to the individual User and may not be transferred, assigned, sold, or otherwise conveyed to any third party without Company’s prior written consent. Any attempted transfer without such consent shall be void and may result in immediate account termination. 3.3. Virtual Points Definition and Limitations (a) Non-Monetary Virtual Points: The Platform utilizes a proprietary virtual points system (“Points” or “Virtual Points”) that constitutes a non-transferable, non-redeemable digital metric designed exclusively to measure and quantify User engagement and Platform activity. User expressly acknowledges and agrees that Virtual Points possess no inherent monetary value, economic worth, or financial consideration whatsoever. (b) Prohibition on Monetization and Exchange: Virtual Points cannot be sold, transferred, assigned, exchanged, redeemed, converted, or otherwise monetized for cash, cryptocurrency, goods, services, or any other form of consideration or value, whether tangible or intangible. (c) Limited Purpose and Utility: Virtual Points serve solely and exclusively for: (i) leaderboard ranking and comparative User positioning within the Platform community; (ii) gamification elements designed to enhance User engagement and Platform interaction; and (iii) internal Platform analytics and User activity measurement. Company reserves the right to modify, suspend, or discontinue the Virtual Points system at any time without liability to Users. (d) No Ownership Rights: User acknowledges that Virtual Points do not constitute property, assets, or any form of ownership interest, and User acquires no proprietary rights, title, or interest in Virtual Points. All Virtual Points remain the exclusive property of Company and may be modified, reduced, or eliminated at Company’s sole discretion. 3.4. Points Calculation Methodology and Eligibility Criteria (a) Third-Party Engagement Metrics: Virtual Points are calculated and awarded based exclusively on quantifiable engagement metrics generated by third-party social media platforms, specifically including but not limited to X impressions, likes, retweets, replies, and other interaction indicators (“Engagement Metrics”), provided that such metrics are associated with User-Generated Content created and published through the Platform. (b) Platform Exclusivity Requirement: Eligibility for Virtual Points is strictly limited to content that was published to third-party platforms through Platform’s integrated publishing mechanisms. Content published through alternative means shall not be eligible for Virtual Points accrual regardless of engagement performance. (c) Proprietary Algorithm Confidentiality: The specific mathematical formulas, weighting factors, algorithms, and calculation methodologies used to determine Virtual Points awards constitute Company’s proprietary trade secrets and confidential information. Company expressly reserves the right to maintain the confidentiality of such calculation methods and disclaims any obligation to disclose, explain, or justify Points calculations to Users. (d) Real-Time Processing with Delay Tolerance: Virtual Points calculations are processed through automated systems designed to operate in substantially real-time, subject to technical limitations, third-party API restrictions, and system maintenance requirements. User acknowledges that Points updates may experience delays of up to twenty-four (24) hours and agrees that Company bears no liability for such delays or any temporary inaccuracies in Points calculations. (e) Calculation Modification Rights: Company reserves the unilateral right to modify, adjust, recalculate, or correct Virtual Points balances at any time, including retroactive adjustments, to reflect system errors, fraudulent activity, Terms violations, or changes in calculation methodology. User waives any claims arising from such modifications or adjustments. 3.5 Brand Asset Integration and Multiplier System (a) Conditional Multiplier Availability: The incorporation of brand-licensed assets, logos, trademarks, or other branded content elements into Content may, at Company’s sole discretion and subject to brand partner agreements, result in the application of multiplier factors to Virtual Points calculations (“Brand Multipliers”). The availability, magnitude, and application of Brand Multipliers are contingent upon: (i) proper asset usage in compliance with brand guidelines; (ii) content quality standards as determined by Company; and (iii) ongoing brand partnership agreements. (b) Dynamic Multiplier Determination: Brand Multiplier rates, eligibility criteria, and application methods are determined through collaborative agreements between Company and respective brand partners, with Company retaining final authority over multiplier implementation. User acknowledges that different brands may establish varying multiplier structures, requirements, and limitations. (c) Modification Without Notice: Company and its brand partners reserve the absolute right to modify, suspend, or discontinue Brand Multipliers at any time without prior notice to Users. Such modifications may include but are not limited to: changes in multiplier rates, altered eligibility requirements, revised application criteria, or complete elimination of multiplier programs. User waives any claims or expectations regarding continued availability of specific multiplier rates or programs. (d) No Guaranteed Multipliers: User acknowledges that Brand Multipliers are discretionary enhancements and not guaranteed benefits. Company makes no representations or warranties regarding the availability, consistency, or continuity of any multiplier programs, and User agrees not to rely upon multiplier availability for content creation or Platform usage decisions.4. Content and Intellectual Property
4.1 User Content Rights, Warranties, and License Grants. By uploading, submitting, creating, transmitting, or otherwise making available any Content through the Platform, User hereby: (a) Express Warranties and Representations: Warrants, represents, and covenants that: (i) User is the sole and exclusive owner of all right, title, and interest in and to such Content, including all intellectual property rights therein, or alternatively possesses all necessary licenses, permissions, consents, and authorizations from all relevant third parties to use, modify, distribute, and sublicense such content as contemplated herein; (ii) the creation, submission, and use of such Content does not and will not infringe, violate, or misappropriate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party; (iii) User has obtained all necessary consents, releases, and permissions from any individuals depicted, referenced, or otherwise included in such Content; and (iv) User possesses full legal capacity and authority to grant the rights and licenses specified herein; (b) Comprehensive License Grant to Company: Grants to Company a perpetual, worldwide, non-exclusive, transferable, assignable, sublicensable, and royalty-free license to use, reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, publish, transmit, publicly display, publicly perform, and otherwise exploit such Content in any manner, format, or medium now known or hereafter developed, for any purpose whatsoever, including but not limited to: (i) operating, promoting, and improving the Platform; (ii) marketing and advertising Company’s services; (iii) creating compilations, analytics, and aggregate data; (iv) sublicensing to third parties, including brand partners and advertisers; and (v) any other business purposes as determined by Company in its sole discretion; (c) Exclusive Responsibility and Indemnification: Acknowledges and agrees that User remains solely and exclusively responsible for ensuring that Content does not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, or other proprietary interests, and User hereby agrees to indemnify, defend, and hold harmless Company from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any alleged or actual infringement or violation caused by Content; (d) Business Use Authorization and Waiver: Expressly acknowledges and consents to Company’s use of Content for Company’s business purposes, including but not limited to marketing materials, promotional campaigns, platform demonstrations, case studies, testimonials, and service improvement initiatives, and User hereby waives any claims to additional compensation, attribution, or approval rights in connection with such business use, except as may be required by applicable law. 4.2 Platform Asset Library Licensing and Usage Restrictions (a) Third-Party Licensed Assets: Company’s Platform asset library consists of digital content, materials, and assets (“Library Assets”) that are: (i) licensed to Company by third-party rightsholders; (ii) subject to the terms and conditions of separate licensing agreements between Company and such third parties; and (iii) made available to Users solely through Company’s sublicensing arrangements as specified herein; (b) Limited Sublicense Grant: Subject to User’s compliance with these Terms and the specific restrictions set forth herein, Company hereby grants to User a limited, non-exclusive, non-transferable, non-assignable, revocable sublicense to access, use, and incorporate Library Assets solely within the Platform environment and exclusively for the creation of User Content through Platform tools and functionality; (c) Scope of Permitted Use: User’s sublicense to Library Assets is strictly limited to the Platform’s intended functionality as determined by Company in its sole discretion, and specifically excludes any right to: (i) download, extract, copy, or reproduce Library Assets in any form outside the Platform; (ii) use Library Assets in connection with any third-party platforms, services, or applications; (iii) create derivative works based on Library Assets outside the Platform environment; (iv) distribute, sell, license, or otherwise commercialize Library Assets; or (v) reverse engineer, decompile, or attempt to extract the underlying source files of Library Assets; (d) Preservation of Third-Party Rights: User acknowledges that all Library Assets remain the exclusive property of their respective owners, and User acquires no ownership rights, title, or interest in such assets beyond the limited sublicense expressly granted herein. User agrees to comply with all restrictions, limitations, and conditions imposed by the original rightsholders of Library Assets, as such may be communicated by Company from time to time. 4.3 Brand Assets and Enhanced Licensing Restrictions (a) Separate Brand Licensing Agreements: Branded content, logos, trademarks, service marks, trade names, and other brand-related assets (“Brand Assets”) are made available through the Platform pursuant to separate and distinct licensing agreements between Company and respective brand owners (“Brand Partners”), which agreements contain specific terms, conditions, restrictions, and obligations that supplement and may override provisions of these Terms; (b) Conditional Sublicense Subject to Brand Terms: User’s right to access and use Brand Assets is contingent upon: (i) User’s compliance with these Terms; (ii) User’s adherence to specific brand guidelines, usage restrictions, and quality standards as established by Brand Partners; (iii) Company’s ongoing licensing relationship with relevant Brand Partners; and (iv) Brand Partners’ continued authorization for User access to such Brand Assets; (c) Absolute Prohibition on Unauthorized Use: User is strictly prohibited from using, reproducing, distributing, or otherwise exploiting Brand Assets outside the Platform environment or beyond the scope of the specific sublicense granted herein. Any unauthorized use of Brand Assets, including but not limited to downloading, extracting, modifying outside Platform tools, or using in connection with non-Platform activities, constitutes a material breach of these Terms and may result in immediate account termination and legal action by Brand Partners; (d) Brand Partner Enforcement Rights: User acknowledges that Brand Partners retain all enforcement rights with respect to their Brand Assets, including the right to pursue legal remedies directly against User for violations of brand guidelines or unauthorized use, and User agrees that Company bears no responsibility for Brand Partner enforcement actions or claims arising from User’s misuse of Brand Assets; (e) Revocation and Modification Rights: Company and Brand Partners reserve the absolute right to modify, restrict, or revoke User’s access to specific Brand Assets at any time, with or without notice, and User waives any claims arising from such modifications or revocations. **4.4. Prohibited Content Standards and User Compliance Obligations. ** User covenants and agrees to refrain from creating, uploading, transmitting, publishing, sharing, or otherwise making available through the Platform any content, materials, or communications that: (a) Intellectual Property Infringement: Infringes, violates, or misappropriates any intellectual property rights of third parties, including but not limited to copyrights, trademarks, service marks, trade names, patents, trade secrets, moral rights, rights of publicity, privacy rights, or any other proprietary or intellectual property rights, whether registered or unregistered, and whether such infringement is direct, indirect, contributory, or vicarious; (b) Defamatory or Harmful Content: Contains defamatory, libelous, slanderous, disparaging, threatening, harassing, abusive, hateful, discriminatory, or otherwise objectionable material, or content that promotes violence, harm, or discrimination against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics; (c) Obscene or Inappropriate Material: Is pornographic, sexually explicit, obscene, indecent, profane, or otherwise inappropriate for general audiences, or contains nudity, graphic violence, or other content that violates community standards of decency; (d) Illegal Activity Promotion: Promotes, encourages, facilitates, or provides instruction for illegal activities, including but not limited to drug trafficking, terrorism, fraud, money laundering, identity theft, hacking, or any other criminal conduct under applicable federal, state, local, or international laws; (e) Malicious Code and Security Threats: Contains, transmits, or is designed to deliver viruses, worms, trojan horses, malware, spyware, ransomware, or any other malicious, harmful, or destructive code, programs, or files that could damage, interfere with, or compromise the security, functionality, or performance of computer systems, networks, or data; (f) Third-Party Platform Violations: Violates the terms of service, community guidelines, acceptable use policies, or other governing terms of any third-party platforms, services, or websites, including but not limited to X’s Terms of Service, Privacy Policy, Rules and Policies, and Developer Agreement, as such may be amended from time to time; (g) Legal and Regulatory Non-Compliance: Violates any applicable federal, state, local, or international laws, statutes, ordinances, rules, regulations, or legal requirements, including but not limited to advertising standards, consumer protection laws, privacy regulations, export control laws, and anti-discrimination statutes. **4.5. Content Moderation Authority and Platform Management Rights. ** Company hereby reserves and retains the following absolute, discretionary, and unilateral rights with respect to Platform content and User conduct: (a) Comprehensive Content Review Authority: The unrestricted right to review, examine, monitor, moderate, edit, modify, or otherwise evaluate any and all Content, communications, or materials submitted to or transmitted through the Platform, whether through automated systems, algorithmic filtering, human review, or any combination thereof, provided that Company assumes no obligation to conduct such review or monitoring and disclaims all liability for failure to detect or remove prohibited content; (b) Immediate Content Removal Powers: The absolute authority to remove, delete, hide, disable access to, or otherwise make unavailable any content, in whole or in part, at any time and for any reason or no reason, in Company’s sole and absolute discretion, without prior notice to User and without liability to User or any third party, including but not limited to content that Company determines, in its subjective judgment, violates these Terms, applicable law, or community standards; (c) Account Enforcement Actions: The unilateral right to suspend, restrict, limit, temporarily disable, or permanently terminate User accounts, profiles, or access to Platform services, with or without prior notice, for violations of these Terms, suspected fraudulent activity, security threats, or any other reason deemed appropriate by Company in its sole discretion; (d) Service Modification and Discontinuation Authority: The absolute right to modify, alter, suspend, restrict, or permanently discontinue any aspect of the Platform, including but not limited to features, functionality, services, or the entire Platform, at any time and without prior notice to Users, and without liability for such modifications or discontinuation, regardless of the impact on User content, data, or Platform usage; (e) Policy Enforcement Discretion: The exclusive authority to interpret these Terms, determine violations, assess appropriate remedial actions, and implement enforcement measures in Company’s sole and absolute discretion, with no obligation to apply enforcement actions consistently or to provide explanations for specific moderation decisions; (f) Data Preservation and Investigation Rights: The right to preserve, retain, access, and disclose User content, account information, and usage data as necessary for legal compliance, law enforcement cooperation, fraud prevention, security investigations, or protection of Company’s rights and interests, notwithstanding any content removal or account termination. 4.6. **Company`s ownership. **The Platform, including any models, interfaces, algorithms, indexes or other software developed by the Company, along with all associated features, functionality, and tools, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and international jurisdictions. You acknowledge and agree that the Website and all related intellectual property rights are the exclusive property of the Company and its licensors. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform. 4.7. Trademarks. The company name, the term “Platform” the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.5. Advertising, Promotions, and Third-Party Links
5.1. **Advertising. **The Platform may display advertisements, banners, and pop-up messages from the Company and its affiliates or partners. By using the Platform, you consent to the display and delivery of such advertisements, which may change without notice. 5.2. **Promotional Offers. **The Company may run periodic promotional offers, sweepstakes, and contests. Participation in these events is subject to additional terms and conditions published at the time of the offer on the relevant pages of Platform or via other means. 5.3. **Third-Party Links. **The Platform`s Content may contain links to, or otherwise enable access to, third-party websites, resources, services, or content that are not owned, operated, or controlled by the Company. User acknowledges and agrees that the Company does not endorse, monitor, verify, or assume any responsibility for:- The availability, accuracy, legality, reliability, security, or business practices of such third-party websites, resources, or services;
- Any content, products, services, advertisements, or materials available on or through such third-party platforms;
6. Disclaimers and Limitation of Liability
6.1. **Service Provided “AS IS.”. **The Platform and its services are provided on an “as is” and “as available” basis, without any express or implied warranties of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or that the Platform’s Content or services will be accurate, error-free, uninterrupted, secure, or free of harmful components. Users are solely responsible for verifying any information obtained through the Platform before relying on it for any purpose. 6.2. **No Guarantee of Uninterrupted Service. **We do not warrant that the Platform will be continuous, error-free, secure, or free of viruses, malware, or other harmful components. 6.3. **Limitation of Liability. **To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, directors, employees, contractors, licensors, or agents be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, or any other losses arising out of or in connection with:- The use of, inability to use, or reliance on the Platform or its Content;
- Any inaccuracies, errors, or omissions in the Platform`s Content;
- Any security breaches, data losses, or unauthorized access to User`s Account;
- Any third-party actions, services, or Content posted on the Platform; or
- Any modifications, discontinuation, suspension, or termination of the Platform or its services.
**7. Indemnification. **You agree to indemnify, defend and hold harmless the Company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party using Platform
8. Modification and Termination.
8.1. Modification to Terms. The Company reserves the exclusive right to amend these Terms at any time. In the event of any material changes, we will send you an email notification outlining the specific modifications. If you continue to use the Platform after receiving such notice, your use will be interpreted as your acceptance of the updated Terms. We recommend that you review these Terms periodically.
8.2. **Deletion of Account. **You may request the deletion of your Account either through the deletion option available within the Platform’s settings or by contacting us directly at [EMAIL]. Upon receipt of your request, we will begin processing the deletion, which will be completed within thirty (30) days. Please note that, in some instances, certain data may be retained as required by applicable law or for legitimate business purposes. Once the deletion is finalized, you will receive a confirmation email.8.3. **Access termination. **The Company reserves the right to immediately suspend or terminate your access to the Platform without prior notice if we have reasonable grounds to suspect that you have:
- Violated the Acceptable Use Policy;
- Engaged in any illegal activities using the Platform; or
- Disseminated disinformation or misleading Content through the Platform; or
- Violated these Terms in any other way.
9. Governing Law, Jurisdiction, and Dispute Resolution
9.1. **Governing Law. **These Terms shall be governed by and construed in accordance with the laws of the Republic of Panama, without reference to any conflict of law principles. This means that regardless of where you reside or use our services, the laws of the Republic of Panama will exclusively apply. 9.2. Initial Negotiations. In the event of any dispute or claim arising out of or relating to these Terms or your use of the Platform, both parties (i.e., you and the Company) agree to first attempt to resolve the matter through good faith negotiations. We encourage open communication and a mutual effort to settle any issues before proceeding further. 9.3. **Mediation. **If a resolution cannot be reached through negotiation, both parties agree to submit the dispute to mediation. The mediator shall be chosen by mutual agreement. If you and the Company are unable to agree on a mediator within a reasonable timeframe, the Company will appoint a mediator on behalf of both parties. Mediation is intended to be a non-binding process aimed at facilitating an amicable resolution. 9.4. **Binding Arbitration. **Should mediation fail to resolve the dispute, the parties agree to resolve the matter through binding arbitration. The arbitrator will be selected by mutual agreement. If no mutual agreement can be reached regarding the selection of an arbitrator, the Company shall have the authority to appoint one. 9.5. **Language of Proceedings. **All negotiations, mediation sessions, arbitration hearings, and any subsequent litigation proceedings shall be conducted exclusively in the English language. 9.6. **Time Limit for Claims. **Any claim or cause of action arising from or relating to these Terms or the use of the Platform must be initiated within one (1) year from the date the cause of action arises. If a claim is not brought within this timeframe, it will be deemed waived and barred.**10. Notices. **Any notices or communications permitted or required under these Terms, including those regarding modifications to these Terms, must be provided in writing by the Company. Such communications may be delivered by:
- sending an email to the address you have provided; or
- posting on the Platform.
For any notice sent via email, the date on which the email is transmitted shall be deemed the date of receipt.
11. Additional Provisions
11.1. **Severability. **If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permitted under applicable law, and the remaining provisions shall continue in full force and effect. 11.2. **Entire Agreement. **These Terms, together with our Privacy Policy and any other documents expressly incorporated herein, constitute the entire agreement between you and the Company regarding the use of the Platform. 11.3. **Assignment. **The Company may assign or transfer these Terms, in whole or in part, without notice. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. 11.4. **Waiver. **The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. 11.5. **Headings. **Section headings are for convenience only and shall not affect the interpretation of these Terms.12. Contact and Support
12.1. **Support. **For any questions, concerns, or issues regarding these Terms or the Service, please contact our support team at [EMAIL] or use our contact form available on the Platform.12.2. **Feedback. **Any feedback you provide regarding the Platform may be used by the Company for improving the Platform without any obligation to you.