Privacy Policy

The information below provides details about our privacy policy and we ask that you take the time to read it.

Privacy Content

 

We welcome you and thank you for your interest in the products and services we provide through WATIVO by PYMEPASS (“WATIVO by PYMEPASS”, “Company”, “we” or “us”) on our website at WATIVO by PYMEPASS, websites, networks and applications, software, mobile applications and other related services we provide (collectively, the “Service”). These Terms of Service (“Terms”) constitute a legally binding contract in all its parts and specifications. It is essential for us that you read this document in its entirety, as it describes what we expect from you when you use our products and services, as well as what you can expect from us.

 

In order to register as a user on any of our platforms through which we provide products and services, you are required to provide your real data that fully verifies your identity and be at least 18 (eighteen) years old or the legal age determined in your country or region to enter into legal contracts. It is your responsibility to read these Terms and Conditions as well as our Privacy Policy, together with any applicable software license agreement, as the case may be. The Privacy Policy and Cookie Policy of WATIVO by PYMEPASS are incorporated by reference into these Terms and form part of them.

 

By clicking the “I agree” button or browsing any of our websites or digital platforms, downloading, installing, accessing or using the service, you expressly agree that you have read and understood these Terms and Conditions and that you are bound by their content, subsequent additions, revisions and updates, including WATIVO by PYMEPASS’s privacy policy and any additional terms and policies that WATIVO by PYMEPASS may incorporate in a discrete and reasonable manner (collectively, these “terms”). If you do not fully agree to the Terms, you unfortunately may not and should not use the service or any of its direct or indirect derivatives or components.

 

In order to provide our products and services, WATIVO by PYMEPASS uses the official API of various social networks such as WhatsApp, Facebook, Instagram, Twitter (today “X”), LinkedIn, Pinterest, Tumblr, Reddit, Telegram, among others with similar features and purposes (excluding WhatsApp Baileys used within SocialPoster), which are available in the respective Developer Centers for each of these platforms. Therefore, these applications are entirely dependent on services provided by third parties (the API of each platform). We are not responsible for any critical changes they may make. We also do not guarantee that the application's compatibility with the API of different platforms may be permanent, as these may be modified at any time and without prior notice.

 

REFUND POLICY

 

Through these Terms and Conditions, you acknowledge and agree that we do not offer refunds of any kind.

 

We also do not provide refunds for problems that may arise due to changes made by third parties that may hinder or make it impossible to use the products and services.

 

If you use a payment method for the acquisition of our products or services of which you are not the account holder, we do not offer or provide any type of refund, compensation or payment cancellation. The use of the payment method is your sole responsibility, both towards us and towards third parties.

 

LIMITATION OF LIABILITY

 

It is essential that you know that some of the products and services provided through WATIVO by PYMEPASS may depend on the use of third-party applications; therefore:

 

We will not be liable if “The Service” stops working, works partially or works incorrectly, whether due to problems with third parties (for example, Facebook, Instagram, WhatsApp or any other related to “The Service”), problems with the original applications or problems that make normal use impossible.

 

We do not guarantee that “The Service” will always work safely and without errors, interruptions, delays or imperfections. This is because it is not possible to predict whether problems will arise with our products or services due to their inherent nature. Likewise, we are not responsible for any express or implied matter, including warranties of merchantability, acquisition, mode or manner of use, or any type of infringement or sanction. You agree and are obliged to use “THE SERVICE” in a legal and appropriate manner, preserving our rights, reputation and assets.

 

We are not responsible for any direct or indirect costs, losses or damages arising from the use or misuse of the application or for any other reason. We are also not responsible for loss of profits, income, information or data; consequential, special or punitive damages.

 

s, indirect, exemplary, punitive or incidental damages arising from or related to them (from any cause and any type of liability, including negligence), even if we have been advised of the possibility of such damages.

 

We do not provide refunds of any kind for any reason.

 

In the case of automatic renewals of “The Service”, there are no refunds of any kind. You may cancel “The Service” at any time without any restrictions. Please note that in the event of cancellation, your free trial will end immediately and you will no longer have access to the service. No additional trial period will be granted. Payments are processed through third party systems and servers; therefore, we are not responsible for any time discrepancies, failures or problems related to the payment systems used to process charges for the acquisition of “The Service”.

 

We are not responsible for your misuse of our products or services or any of their components. We are also not responsible for any misuse of the products or services or any of their components by third parties.

 

We are not responsible if you use a payment method for which you are not the account holder because we rely on you using payment methods for which you have authorization or for which you are the account holder. Therefore, payments made through third-party payment methods are valid, and there is no refund or cancellation, as you are solely responsible to us and third parties for the payment method you use. By doing this, you release us from any liability in case you use payment methods on any of our platforms or applications for which you are not the account holder.

 

USE OF THE “SERVICE”

 

The Service offers a digital workspace for users to create, plan and collaborate on the creation of marketing content. Therefore, you unconditionally agree to use the Service only for its intended purposes and as described in these Terms. You are obliged to make lawful use without causing harm to us or affecting third parties in any way. We may terminate, suspend or deny access to the Service permanently or temporarily without notice or liability if, in our reasonable determination, you violate any of these Terms, or the spirit or intent of these Terms, including engaging in any of the specifically prohibited actions listed by way of example, but not limited to:

 

Using the Service or any of its components for any unlawful, infringing or fraudulent purpose;

 

Probing, scanning or testing the vulnerability of any system or network used or related to the Service or any of its components;

 

Tampering with, reverse engineering or making unauthorized copies of the Service or any of its elements, circumventing any security or authentication measures of the Service, or attempting to gain unauthorized access to the Service (any of its elements) or related systems, networks or data, whether owned by us or a third party;

 

Accessing or searching the Service through any means other than our publicly supported interfaces, or copying, distributing or disclosing any part of the Service in any medium, including any automated or non-automated scraping;

 

Overburden or attempt to overburden our infrastructure by imposing an unreasonably large load on the Service that consumes extraordinary resources, such as through the use of “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period using a normal browser;

 

Misrepresent or disguise the origin of any data, content, or other information you submit (including through “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating any other person, or falsely implying any sponsorship or association with WATIVO by PYMEPASS or any third party), or accessing the Service through another user’s account without their permission;

 

Promote or advertise products or services other than your own without proper authorization;

 

Deceive, defraud, or mislead us, any of our customers, users, or any third party;

 

Acquire or pay for “The Service” using false data or information or information belonging to a third party who has not given you prior and express authorization for its use;

 

Misuse our support services or send false reports of abuse, misconduct or security violations;

 

Alter, damage, reproduce, modify, publicly display or perform, encode, translate or create derivative works from any third party;

 

Discard, reverse engineer, or otherwise exploit any portion of the Service or related intellectual property, including its source code, software, and documents, or permit others to do any of the foregoing, without our express written consent;

 

Rent, lease, sell, license, or sublicense, or otherwise commercially exploit any portion of the Service without our express written consent;

 

Use the Service as part of any effort to compete with us or to provide similar products or services;

 

Submit (or post, upload, share, or otherwise provide) data, content, or other information that (i) infringes the intellectual property, privacy, or other rights of WATIVO by PYMEPASS or a third party or which you do not have the right to submit (including confidential or personal information that you are not authorized to disclose); (ii) is misleading, fraudulent, unlawful, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, or offensive from a religious, racial or ethnic perspective, encourages illegal or unlawful conduct, or is inappropriate in the discretion of WATIVO by PYMEPASS; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) may cause harm to WATIVO by PYMEPASS or any third party;

 

Use any robot, spider, other automated device or manual process to monitor any content on the Service without our express written consent;

 

Allow or encourage any other person to commit any of the actions or omissions contained in this section or of a similar nature.

 

You agree and acknowledge that in the event that you make any illegal or inappropriate use of “The Service”, either directly or through a third party, you are solely responsible for any damages, losses and infringements that may result. Therefore, at this time, you release WATIVO by PYMEPASS, its collaborators, associates, dependents, assets and any action or right related to us, both before authorities and third parties.

 

You are aware and accept that in the event that you, either directly or through a third party, make unauthorized, illegal or inappropriate use of “The Service” or any of its components, you will be permanently disabled from reopening an account, subscription or acquiring any of our products and services. If you violate this, you will be responsible for criminal, civil and administrative charges, as well as restitution of damages and losses caused to WATIVO by PYMEPASS or any third party.

 

ELIGIBILITY

 

To access any of our products and services, you must be at least 18 years old or the minimum age required in your country or region, and provide authentic data that fully verifies your identity. By accepting these Terms, you declare and guarantee that: (a) you are of the required age to do so; (b) you have not been previously suspended or removed from “The Service”; (c) in order to register and purchase “The Service”, you have provided truthful information that fully corroborates your identity, as well as the use of payment methods owned by you or belonging to a third party with your full authorization; and (d) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization or company, the person accepting these Terms on your behalf represents and warrants that they have sufficient authority and power to bind you to these Terms. References to “you” in this document (and all of your obligations herein) shall refer to such entity, and this extends to any individual or group using the Service on behalf of that entity.

 

ACCESS AND USER ACCOUNTS

 

You may access the “Service” through a web browser (Chrome, Firefox, Safari, IE or Edge) using the following address: app.planifyx.com. The Service is enabled and applies SSL (Secure Sockets Layer). To access the Service, you must register for an account (“Account”) and provide your real information that fully verifies your identity as indicated in the registration form to create your account. You may also upload additional content and information to your user profile.

 

By creating your account and user profile, you agree to provide real, accurate and complete information and represent and warrant that the content and information you provide is true and does not violate any third party rights.

 

You may delete your Account and user profile at any time, for any reason, using the option provided for such purpose in the user account menu of “The Service.”

 

You are solely responsible for maintaining the confidentiality of your WATIVO by PYMEPASS password and account; you are prohibited from sharing your account with third parties, and you may not use an account or profile that is not intended to be used by third parties.

 

il de uso que no se debe estar seguro.

 

You are solely responsible for all activities that occur under your account or through your user profile. If you feel that your account is no longer secure, you must notify us immediately via the email address listed on our website.

 

PRIVACY STATEMENT

 

Your information is important to us, therefore it is confidential and we do not provide access to it to any third party for any reason, unless there is an order from a competent authority. Your information is only used to keep in touch with you and for the purpose of improving our products and services, as well as to send you updates and any information related to “The Service”.

 

GENERAL PAYMENT CONDITIONS

 

All rates are expressed in US dollars and are non-refundable. Rates vary depending on the product or service you purchase from us, with different pricing schemes for individual users and organizations.

 

We trust that when purchasing our products and services, you will use your own payment methods. Therefore, you are solely responsible to us and third parties for the use of the payment methods with which you acquire our products and services.

 

If you use payment methods of which you are not the account holder, you guarantee that you have the authorization of its legitimate owner to make the payment. In the event that you use a payment method owned by a third party without their authorization, you will be solely and directly responsible for any penalty, damage or loss caused to us and third parties. In this case, the payment or charge made for the acquisition of our products and services is also non-refundable, leaving WATIVO by PYMEPASS free of any liability.

 

PRICE

 

We reserve the right to determine, modify or update the price of “The Service” without prior notice.

 

We make reasonable efforts to keep the information about our prices posted on our website up to date. Therefore, you are aware and agree that you should periodically consult our website for information on current prices, as well as updates to our terms and conditions.

 

We have the discretion to update, change or modify the rates for any feature of the Service, including any additional fees or charges, without prior notice, effective upon posting on our website. WATIVO by PYMEPASS, at its sole discretion, may make promotional offers with different features and prices to any WATIVO by PYMEPASS customer. Offers and promotions are subject to their specific terms and conditions, as posted on our website.

 

In the case of offers or promotions that reward our customers for recommending our services or referring new customers, this does not constitute any commercial, corporate, employment, civil or administrative relationship with them, that is, you will only be entitled to the benefit or reward specified in the corresponding offer or promotion.

 

If you use a trial period, you agree to provide a valid payment method. You may cancel “The Service” at any time without restrictions. However, please note that in the event of cancellation, your free trial will end immediately and you will no longer be able to access the service. If you do not cancel “The Service”, the charge will be applied and is non-refundable, as your continued use of the product or services indicates your satisfaction and acceptance of these terms and conditions.

 

PAYMENT AUTHORIZATION

 

You expressly authorize WATIVO by PYMEPASS directly or through the payment channels available on our website to charge the price corresponding to the products and services you purchase from us. The charge may be periodic depending on the product or service you have purchased and is subject to these Terms and Conditions. This charge will be made through the payment method in effect in your account and user profile at the time of purchasing “The Service”.

 

If the payment method you use in your account or user profile turns out to be invalid for any reason, you will be solely responsible for it, including cases in which you use payment methods belonging to third parties.

 

You expressly authorize WATIVO by PYMEPASS directly or through the payment channels available on our website to apply any charge to any valid payment method associated with your account or user profile. This authorization applies even if you are not the owner of the payment method, since you are solely responsible to us and third parties for the use of the payment methods linked to your account or user profile. Therefore, you are responsible for the lawful use of them, as well as for any liability, damage or harm resulting from the use of the payment methods.

payment that links to your account or user profile.

 

CONSUMER POLICY

 

For some of our products or services, we offer a trial period for you to evaluate our service at no cost. However, you are aware and accept that in order to create your account and user profile, you must provide a valid payment method as a requirement for its creation. You may vary or update the payment method later under your strict responsibility.

 

You decide until when we are together, so you are solely responsible for promptly cancelling your use of “The Service” within the trial period. If you do not do so, your subscription will be automatically activated and the corresponding charge will be made to the current payment method in your account or user profile. Once the charge is made, you accept that there will be no refunds or compensation on our part.

 

If you decide to start with a free trial period, you acknowledge and accept that the “Cancel” button will be available in your user account at any time. However, please note that cancellation will immediately end your free trial and you will no longer have access to the service.

 

You are aware and agree that by purchasing our products or services, you will not be able to request a refund under any circumstances.

 

It is your responsibility to cancel your subscription to “The Service” if you do not wish to continue with us, and you must cancel with due notice before the next charge or fee generated by your use. If you do not cancel the product or service, the charge will continue to be generated, and the charge will continue to be applied to the current payment method you registered, as it is understood that you are satisfied with us and continue to use “The Service”.

 

We do not provide refunds or compensation of any kind, which also applies in the case of automatic renewals (once an order is placed, there are no refunds of any kind).

 

In the event that you purchase any product or service that we are unable to deliver to you due to your lack of cooperation (whether voluntary or technical), you will lose the product or service and no refund or compensation will be made.

 

CANCELLATION POLICY AND SUBSCRIPTION SERVICE

 

The Service may include automatic recurring payments for periodic charges (“Subscription Service”).

If you activate a Subscription Service, you authorize WATIVO by PYMEPASS to periodically charge, from that point forward until the cancellation of recurring payments or your account, all sums accrued on or before the payment due date.

 

The “Subscription Billing Date” is the date you purchase your first subscription to the Service.

 

For information on the “Subscription Fee,” please refer to our prices posted on our website.

 

All applicable fees for the next subscription period will be automatically charged to the current payment method in your account or user profile on the Subscription Billing Date.

 

The subscription will continue unless and until you cancel it or we make the sad decision to cancel it for reasonable reasons.

 

You must cancel your subscription before it renews to avoid being billed for the next periodic subscription fee on your account.

 

You can cancel the Subscription Service by accessing your account and clicking My Subscriptions > View > Cancel .

 

DEFAULT ACCOUNTS

 

If you fail to make timely payments for “The Service”, it will be cancelled because we understand that, for the moment, you do not wish to continue with us. Do not worry, you can return and reactivate your account by making the corresponding payment for the current fee of the product or service you wish to acquire.

 

USER CONTENT IN GENERAL

 

As a user of “The Service”, you are solely responsible for the content you post or share and, therefore, you are solely responsible for the consequences of posting it. You retain the copyright and any intellectual property rights you may legally hold over the content you post on “The Service”.

 

By “User Content” we mean all information and content that a user submits to or uses with “The Service”; “Content” means information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, interactive features or any other material. When we say “posting,” we include posting, uploading, sharing, sending, or otherwise providing user content in connection with the Service.

 

You are aware and agree that in order to use “The Service,” you must grant strictly necessary permissions regarding the content you share, as well as your personal information.

 

We do not prejudge the origin or legality of the content our users share or post. Therefore, we trust and make it clear that the content our users post or share related to “The Service” is strictly prohibited.

or” is your sole responsibility in relation to us and any third party.

 

RESTRICTIONS ON USER CONTENT

 

WATIVO by PYMEPASS, its website, its employees, agents, developers, staff in general, products or services, and everything that makes up “The Service”, are exempt from any type of responsibility regarding the content that the user develops, publishes or shares.

 

You are solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, intellectual property or rights of use of all user content that you publish or share. By creating your account and user profile with us, you expressly agree and undertake not to post or share content that:

 

(i) creates a substantial risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you or any other person or entity;

 

(ii) contains information or content that you know is false or misleading to others;

 

(iii) contains any information or content that is unlawful, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, or otherwise violates the rights of third parties;

 

(iv) contains information that you do not have a right to make available under any law or contractual relationship or express authorization;

 

(v) contains viruses, Trojan horses, worms, time bombs, or any other computer programming routines that are intended to damage, interfere with, intercept, or expropriate the Service or its content, or any computer programming routines that have a similar effect;

 

(vi) could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

 

(vii) contains content that incites hatred, threats of physical harm, or harassment.

 

WATIVO by PYMEPASS reserves the right, at its discretion, to, on reasonable grounds, remove or refuse to post or promote any User Content that violates the terms or policies of any third-party platform with which WATIVO by PYMEPASS services integrate or interact.

 

INTELLECTUAL PROPERTY RIGHTS OVER USER CONTENT

 

In order for you to be recognized as the owner and retain the copyright and any other intellectual property rights you may have over any User Content you post, you are required to provide true and authentic data and information. You must represent and warrant that any User Content posted by you is original, unpublished or owned by you, or that you have obtained all necessary permissions and authorizations for the use of such content. In addition, you represent that all content posted by you on “the Service” does not infringe any copyright or other proprietary, intellectual, property or related rights of any other person or entity.

 

By posting your User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with “the Service” and our products, services and platforms, in any media format or tangible form and through any media channels now known or developed in the future.

 

By providing User Content to other users of the Service or through the Service, you grant such users a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

 

USER CONTENT DISCLAIMER

 

We have no obligation to edit or monitor User Content that you or other users post, and we are not and will not be in any manner responsible for User Content.

 

WATIVO by PYMEPASS may, at any time and without prior notice, filter, remove, edit or block any User Content that, in our sole and reasonable discretion, violates these Terms or is otherwise objectionable.

 

You expressly acknowledge and agree that by using “the Service”, you will be exposed to User Content from a variety of sources and acknowledge that such User Content may be inaccurate, offensive, indecent or objectionable. It is not our responsibility to regulate the types of content that may exist on “the Service” as users upload or share the content.

 

You expressly agree that you hereby waive any legal rights or remedies you may have against WATIVO by PYMEPASS, its staff, its products and services, its website and any component of the “service” with respect to User Content.

 

If a user or content owner informs us that User Content

 

If you allegedly do not comply with these Terms, we may investigate the allegation and determine, in our sole and reasonable discretion, whether the User Content violates these terms and conditions. We therefore reserve the right to remove User Content at any time and without notice. WATIVO by PYMEPASS prohibits any activity, development or content that infringes copyrights, intellectual property rights, proprietary rights or related rights on “the Service”.

 

CONTENT MONITORING

 

We do not control and have no obligation to monitor:

 

(i) User Content;

 

(ii) any content made available by third parties; or

 

(iii) the use of the Service by its users.

 

You expressly acknowledge and agree that WATIVO by PYMEPASS reserves the right and may, when it deems appropriate, monitor all information transmitted or received through the Service for operational, business and product or service purposes.

 

The decision to monitor content does not imply our approval or our submission to any analysis regarding its origin, legality or authenticity. We therefore assume no liability for the content or any loss or damage incurred as a result of the use of the content. During any monitoring, you grant us full authorization to examine, record, copy and use the User Content in accordance with our Privacy Policy.

 

SERVICE AVAILABILITY AND COMMITMENT

 

While we strive to provide the most reliable and up-to-date software tools, interruptions and delays in accessing the Service are inevitable. As you are aware, global computer networks occasionally experience interruptions beyond our and your control.

 

Therefore, we cannot guarantee that the Service will be available to you 100% of the time, given the nature and components of the “Service” with which you are already familiar.

 

We conduct regular reviews of our systems and, in the event of a failure, we have personnel available to address reported issues immediately. We make all reasonable efforts to restore service to our users quickly, usually within 24 hours.

 

You expressly acknowledge and agree that we perform and maintain periodic backups of the database at regular intervals. In the event of data loss, we will attempt to restore data from the most recent working backup; however, we cannot guarantee that lost data or users can be recovered or restored. Please note that we are not responsible for any loss or damage to information, equipment or data of users of the “Service”.

 

Under no circumstances will WATIVO by PYMEPASS, its applications, products, services, staff, website or components of the “Service” be liable for any damages that may result from such interruptions or unavailability of the “Service”.

 

PROPRIETARY RIGHTS

 

The Service contains confidential information and intellectual property rights, copyrights, proprietary rights and related rights duly protected by law. WATIVO by PYMEPASS, its suppliers, applications, products, services and website retain all rights, title and interest (including all copyrights, trade secrets, patents and other rights) in and to the Service and the Content included in the Service (except for User Content).

 

If you provide feedback or suggestions regarding the Service or any of its components, such as recommendations for improvements or features, we have the right to use the feedback or recommendations in any manner. Therefore, any feedback or suggestion regarding the “Service” is considered our sole and exclusive property, as well as its implementation, which may become part of the “Service”, in which case you waive any form of compensation, payment or remuneration in this regard.

 

We reserve all rights to the Service unless otherwise expressly stated.

 

We also reserve the right to make changes or updates to the Service or the Content provided on or through the Service at any time without notice, and we will be responsible for any such changes or updates (excluding User Content).

 

You are strictly prohibited from:

 

Decompiling, reverse engineering or disassembling any object code that is part of or made available through the Service into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and then only if we have been promptly and fully notified of such permission.

 

Copying, framing, attaching, selling, distributing, transmitting or broadcasting any Any part of the Service.

 

Modify or create any derivative work from any part of the Service that is not authorized in these terms and conditions.

 

Disable, interfere with or attempt to circumvent any security-related features of the Service, prevent or restrict use or copying of any Content, or enforce limits on use of the Service or the Content.

 

Use, export or re-export any Content or any copy or adaptation of such Content in violation of applicable laws or regulations.

 

Use any type of User Content that infringes any intellectual property rights, industrial property rights, copyrights, proprietary rights or related rights owned by you or any third party.

 

All images, logos and names of brands, products and services used in the Service that identify WATIVO by PYMEPASS, our suppliers or our customers and our products and services are our exclusive property, including the trademarks or service marks of WATIVO by PYMEPASS, our suppliers or our customers. Nothing in this Service shall be deemed to confer upon any person any license or right on the part of WATIVO by PYMEPASS or such supplier in respect of such image, logo or name, or in respect of any industrial property, intellectual property or copyright related to “the Service” or any of its components.

 

Links to websites

 

Our Service may contain links to other websites that are not owned by us and therefore not controlled by us. We are not responsible for any of these other third-party websites.

 

Neither we nor you are responsible for any aspect of these other third-party websites, including their content, privacy policies or any other element.

 

Therefore, you acknowledge and agree that you may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this either. You are obliged to use your own judgment when visiting other third-party websites. You are also obliged to read the terms and conditions and privacy policies of these other third-party websites.

 

Links to Other Services

 

Some of our products and services are integrated with and contain links to other services (“Linked Services”) of third parties.

 

This integration has been provided as a convenience to users and as such, users access third party Linked Services at their own risk.

 

Linked Services are not under our control and we are therefore not responsible for the content of any third party Linked Services.

 

The existence or presence of a link to Linked Services on “the service” does not imply endorsement, sponsorship or affiliation with the linked site or third party by us.

 

Therefore, you are aware and expressly agree that we are not responsible and will not have any liability for any viruses or other malicious code resulting from access to third party Linked Services.

 

At this point, you are fully aware and therefore agree that the functionality of the Linked Services depends on access to and a license to use the content of such Linked Services. You therefore give your full consent for us to collect and use your user information strictly necessary to complement the functionality protocols of the links with the Linked Services.

 

You expressly acknowledge and agree that you are simultaneously subject to the terms and policies of each Linked Service, which may specify rules and restrictions for posting certain content and the practices of the Linked Services for using, storing and facilitating the exercise of certain rights with respect to your personal information.

 

You expressly acknowledge and agree that you are solely responsible for reviewing, understanding and accepting the terms of the Linked Services and any liability arising from or in connection with your failure to comply with such terms.

 

The terms of each Linked Service, which apply only to the extent a user links to or otherwise uses the Linked Service, can be accessed through the following links:

 

Facebook

Twitter

Instagram

LinkedIn

Google My Business

YouTube

 

With Linked Services for third-party integration, you may be asked to verify your credentials in the future. It is your responsibility to keep track of, update and control your credentials.

 

You are required to read, understand and agree to the Linked Services Privacy Policy regarding modification of your security settings.

 

You expressly acknowledge and agree that the Linked Services may add, remove, fork and modify your credentials.

icar functions of its third-party services (“Modifications”). Therefore, we are not and will not be liable for any interruptions in our services caused by Modifications to the Linked Services.

 

Indemnification

 

You expressly acknowledge and agree to indemnify us (and our officers, employees, and agents), including attorneys' fees and costs, litigation expenses and costs, for any claim or demand made by any third party due to or arising out of:

 

(a) your use of the Service,

 

(b) your violation of these Terms,

 

(c) your violation of applicable laws or regulations, or

 

(d) your User Content.

 

At your expense, and including using your currently registered payment method, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

 

You expressly agree not to settle any matter involving us without our prior written consent.

 

In any event, we will use reasonable efforts to notify you of any claim, action or proceeding that may involve you once we become officially aware of it.

 

DISCLAIMERS

 

The Service is provided on an “as is” and “as available” basis and, to the extent permitted by applicable law, we make no warranties, compensation, refunds or remedies of any kind, whether express or implied.

 

Furthermore, under no circumstances do we provide any warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal or safe, given its inherent characteristics and composition.

 

LIMITATION OF LIABILITY

 

Under no circumstances will we be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, special or punitive damages arising from or related to these Terms or your use of or inability to use the Service, even if such damages were foreseeable.

 

Access to and use of the Service is at your own discretion and risk, and you are solely responsible for any damage to your device or computer system or loss of data resulting therefrom.

 

DURATION AND TERMINATION

 

These Terms become effective when you accept them or first download, install, access or use the Service. They also apply from the moment you access and browse our website.

 

These Terms will remain in full force and effect while you use the Service or browse our website.

 

We reserve the right to suspend or terminate your rights to use the Service (including your Account) at any time and for any reason at our sole discretion for reasonable grounds, including any use of the Service in violation of these Terms.

 

You agree that you are aware and understand that any termination of your Account may involve deletion of your User Content associated with your Account from our active databases.

 

We assume no liability to you or any third party for any termination of your rights under these Terms, including termination of your Account or deletion of your User Content. You also expressly understand and agree that we may continue to make your User Content available on the Service even if your use of the Service is terminated or suspended.

 

When you decide that we should not continue together for any reason and you terminate the service, your account or user profile, the following will immediately occur:

 

(a) your license rights will terminate and you must immediately cease all use of the Service;

 

(b) you will no longer be authorized to access your account or the Service; and

 

(c) you shall pay WATIVO by PYMEPASS any amounts due prior to termination.

 

We reserve the right to modify or discontinue the Service at any time (including limiting or discontinuing certain features of the Service), temporarily or permanently, without notice. WATIVO by PYMEPASS shall not be liable for any changes to the Service or any suspension or termination of your access to or use of the Service.

 

Service fees and offerings are non-refundable and no compensation, indemnity or replacement of service will be provided under these terms and conditions.

 

CHANGES

 

These Terms are subject to revision and change without notice. Any changes or updates to these terms and conditions will be notified and posted on our website, and will be binding with immediate effect from that time.

 

RESELLER PROGRAM

 

If you purchase our product or service, which includes a Reseller Program, you are required to use only applications or any ier type of tool or software that you have legally acquired and have the licenses or authorizations required by law from their legitimate owners.

 

We are not and will not be responsible if you use applications, tools or software for which you do not have the authorization or license required by law. In this case, you are solely responsible for any damages and losses you cause to us or third parties due to the violation of this section.

 

APPLICABLE LAW AND JURISDICTION

 

The terms, conditions, products and services we offer, as well as any contractual or extra-contractual relationship derived from them, are governed by and interpreted in accordance with the laws of Costa Rica.

 

You acknowledge and agree that the only valid and applicable jurisdiction is that of the courts located in San José, Costa Rica, to resolve any dispute or claim arising from or related to the subject matter or formation (including non-contractual disputes or claims) of these Terms, as well as “the service” or any of its components, and our products or services.

 

CONSENT FOR ELECTRONIC COMMUNICATION

 

You agree and consent that communications between you and us will be conducted through electronic means, such as emails or messaging through platforms or applications, in accordance with the current contact information you provide when creating your account or user profile.

 

For contractual purposes, you expressly:

 

(a) agree to receive communications in electronic format; and

 

(b) acknowledge that all terms and conditions, agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing on paper, and will be deemed to be delivered personally and directly.

 

Open payment

 

The user may optionally choose to pay using the Sinpe Móvil payment gateway.