EULA (End-User License Agreement)
Last update: May 27, 2020
Please read this End User License Agreement (hereinafter “Agreement”) carefully before clicking the “I Accept” button, to use the Prebo application (hereinafter “Application”).
This Agreement is a legal agreement between You (hereinafter “The User”), either an individual or a single entity and Prebo Corp. (hereinafter “Prebo”), which governs the use that The User makes of the Application, Prebo’s website, services, forums and other platforms owned (hereinafter collectively “the Services”), which Prebo makes available to you and the possible commercial relationship that may arise between the two.
In this sense, this Agreement applies to anyone who uses Prebo Services.
By logging in using one of the login providers to the Application, The User agrees to submit to the terms and conditions of this Agreement, remaining subject to them at that time.
In the event that The User, once the terms of this Agreement have been read and understood, does not approve them, that is, he does not agree with them, he must abstain from using and buying the Prebo Services.
Once the terms and conditions are accepted, The User is subject to them. Likewise, by using the Prebo Services, The User accepts these terms and conditions.
BY USING THE SERVICES, THE USER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, WITHOUT DOING ANY RESERVATION IN ANY CONCEPT.
In the event that any of the provisions, terms and conditions established in this Agreement were null or unenforceable under any law, regulation, ordinance, decree or any other legal norm, said condition will be considered modified or deleted, as the case may be, but only to the extent required to comply with such law, regulation, ordinance, decree or norms, and the other provisions, obligations and rights agreed in this Agreement, will remain in full force and effect. The provision considered null or unenforceable will be modified and interpreted so as to meet the objectives of said provision to the greatest extent possible.
The omission of any of the parties (either Prebo or The User) in the exercise of any right or faculty conferred by this, will not constitute a waiver of the same. Except as provided in this document, the failure to exercise a right or to enforce an obligation under this Agreement shall not affect the ability of the parties to exercise that right or to enforce such compliance at any later time.
Prebo and The User agree that for the proper interpretation and fulfillment of this Agreement, if necessary, they are expressly subject to Argentine Law and to the Ordinary Courts of Commerce of the City of Buenos Aires, expressly renouncing another jurisdiction. that for reasons of domicile or any other, they had or would have.
This Agreement was originally written in Spanish and then translated into other languages. In case of discrepancy between the Spanish version and a translated version, the Spanish version will prevail.
By means of this Agreement, it is not intended to create and indeed, is not created between The User and Prebo, an agency, partnership, joint venture, relationship between employee and employer or between the parties that make up a franchise. The User who uses the Platform and other Prebo Services may not be considered, in any case, representative or agent of Prebo, therefore, he may not enter into any agreement on behalf of Prebo.
The User may not assign, transfer or sublicense this Agreement, without the prior written consent of Prebo. However, the latter may assign or transfer it at its own discretion, to any main company, subsidiary, or due to a merger, acquisition, corporate restructuring, sale of all or almost all of Prebo’s assets, or any similar transaction.
Subject to these terms, Prebo grants The User a limited, revocable, non-exclusive and non-transferable license to download, install and use the Application and other Prebo Services, solely and strictly for personal and non-commercial purposes, on authorized devices, in accordance with the terms of this Agreement.
These terms apply to all versions and updates of the Application, including, but not limited to, free and paid versions.
THERE IS NO TOLERANCE FOR INAPPROPRIATE CONTENT OR ABUSIVE USERS, being included within this category, the promotion of racism, violence, terrorism, weapons, sects, child pornography, child abuse, drug trafficking, anorexia or bulimia or in any other questionable way, without limiting or reducing to themselves.
The User who violates this policy will be immediately removed from Prebo and his accounts blocked, once Prebo had become aware of the violation.
In this sense, The User that identifies some of the aforementioned infractions in which other users had incurred, will have means to report them through the Application (by clicking on the group / person that is intended to report, and then clicking on the icon in the shape of a red circle, being this one located, in the upper right corner of any group profile). Reports can be made, according to the following topics provided in the Application: “For sending inappropriate messages”, “For sending inappropriate pictures”, “For sending spam” or “For other reasons”.
The User, by accepting these terms and conditions, agree NOT TO:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or commercially exploit the Application or make the Application available to third parties.
- Modify, translate, apply reverse engineer, compile or decompile, disassemble, create derivative works, or use extraction techniques or data collection in connection with the Prebo Services.
- Reproduce, duplicate, copy, sell, resell or exploit the Services, totally or partially, for any purpose without the express written consent of Prebo.—
- Frame or use framing techniques to include any registered trademarks, logos, or other proprietary information (including images, text, page layouts, or forms) without Prebo’s express written consent.
- Use data mining tools or automation tools such as spiders, trackers, scripts, bots, or any automated method of recording information.
- Use the Application with any other purpose than the one permitted by this Agreement.
- Delete, alter or hide any proprietary notice (including any copyright or trademark notice) of Prebo or its affiliates, partners, suppliers or licensors of the Application.
- Engaging in any conduct related to the Services that may be considered illegal or tortuous, including, but not limited to, “hacking” the Services or infringing the intellectual property or other proprietary rights of Prebo or third parties.
Likewise, The User who becomes aware of any of the behaviors set forth above, by another User, agrees to report it immediately to Prebo, in order to stop said infringing conduct.
The Application may include measures to control access to the Application (including age controls), prevent unauthorized copying, or attempt to prevent someone from violating the limited rights and licenses granted under these terms and conditions.
In the event that The User disables or manipulates the technical protection measures, his license to use the Application or other Services will be considered automatically revoked.
The omission from Prebo, in the exercise of any right or faculty, conferred by the present, will not constitute the waive of them.
All copyrights, patents, trademarks, logos, service marks, trade secrets and other intellectual property rights of the Application are, and will continue to be, the sole and exclusive property of Prebo. The Prebo platform, including the material featured on it, is the intellectual property of Prebo. Thus, The User agrees not to use Prebo’s intellectual property without Prebo’s prior written consent. In the same way, The User agrees not to infringe the intellectual property of any person.
The User or any person who has reasonable grounds to consider that their intellectual property is being infringed in the Prebo Application, may send an email to the account firstname.lastname@example.org, in order to notify Prebo of said infringement, and thus Prebo adopts all the measures, tending to stop the infraction.
Third-party intellectual property. Prebo respects the intellectual property of third parties and requires Users of the Application to do the same. Prebo may, in the appropriate circumstances and in its sole discretion, withdraw the material that, in its judgment, infringes the intellectual property rights of third parties, or disable access to such material. Prebo can also restrict or cancel access to the Application and other Prebo services, to those people he considers to be repeat infringers.
Any comments, observations, ideas, improvements or suggestions (hereinafter collectively, “Suggestions”) provided by The User to Prebo, with regard to the Prebo Application and Services, are and shall remain the sole and exclusive property of Prebo.
Prebo has full freedom to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any way, without this entailing any credit or compensation in such concept for The User who had provided the suggestion.
Modifications to the application
Prebo reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application and other services of Prebo property, without the need of prior notice and without liability to The User or third parties.
Updates to the app
Prebo is fully empowered to make all kinds of modifications or improvements to the characteristics, functionalities, and even to the essence of the Application and Services of Prebo property, which may include, but not be limited to, patches, error corrections, updates, improvements and other modifications (hereinafter “Updates”).
Updates can modify or eliminate certain characteristics, functionalities, and even the very essence of the Application.
In this sense, The User agrees that Prebo has no obligation to (i) provide Updates, or (ii) continue to provide or enable particular characteristics and/or functionalities of the Application.
Likewise, The User agrees that all Updates and modifications will be considered (i) an integral part of the Application and (ii) will be subject to the terms and conditions of this Agreement.
Modifications and Updates to the Agreement
Prebo makes the most extensive reservation of rights to modify and / or update this Agreement and with it the terms and conditions here exposed, at all times.
All modifications and updates to this Agreement will be duly communicated to The User, as follows:
They will be published on the Prebo website -https://goprebo.com- and in the Application, where the most recent version will appear, with the respective updated date, at the top of this page.
In case of substantial modifications to this Agreement, Prebo may communicate them to The User through any of the following channels, at their free choice: sending an email or a prominent notification in the Application.
The conformity of The User with respect to the modification or update will be presumed, if he continues using the Prebo Services, after the aforementioned modification or update comes into force, without The User being able to claim the contrary.
In the event of disagreement with the respective modification or update, The User will have the possibility of closing his account in Prebo and ceasing to use the Application.
Products, services, and third party links
Prebo reserves the widest powers to offer third party products and services through the Prebo Services. What is more, Prebo, through its Services, may display, include or make available to The User, third Party Content (including within this concept, but not limited to, data, information, applications, etc.) or provide, services, products and/or links to third party websites (hereinafter “Third Party Services”).
The User acknowledges and accepts that Prebo will not be responsible for any Third Party Service, including its precision, integrity, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Prebo will not be liable nor responsible to The User or any other person or entity, for Third-Party Services.
The Third-Party Services are provided solely for the convenience of The User and it is The User who accesses and uses them at his own risk and assumes all the responsibilities associated with the use of them, remaining subject to the terms and conditions of such third parties.
Likewise, the rights and obligations of The User with respect to the Third Party Services will be governed by the terms and conditions and the privacy policies of the corresponding external provider.
Third-Party Services, may include hyperlinks to other websites on which Prebo is not responsible for the availability of such sites or external resources and will not be responsible for any content, advertising, products, services or other materials on or available on those websites or third-party resources.
Access to Services
By using the Services, The User affirms that he is at least eighteen (18) years of age or has reached the legal majority age in the place where he lives and that he has read and understood the terms and conditions established herein.
The User who has not reached the legal majority age yet, may not use the Application and other Prebo Services, exonerating Prebo from any responsibility, in the event of not complying with this provision.
The User understands and accepts that all the information, data, texts, software, music, sound, photographs, graphics, videos, messages or other materials (hereinafter “Content”) are solely responsibility of The User who originated that Content.
Thus, Prebo has two classes of Users on its platform, on one hand, The User Generator of plans or Activity maker User and on the other hand, The User Search engine for plans or Activity Seeker User. Additionally, both users can be actively, activity maker and seeker plan at the same time.
The Prebo activity makers control the Content they make and the membership of their Prebo groups, assuming full and exclusive responsibility for their Content; exempting Prebo from all responsibility for inappropriate or abusive Content.
Notwithstanding, Prebo reserves the right to, preselect, reject, temporarily remove or permanently delete any Content that The User publishes through the Prebo Services and / or cancel his account at any time, at the sole discretion of Prebo. Without limitation of the foregoing, Prebo and its designees will have the right to remove any Content that violates these terms and conditions or Content that is in any other questionable way.
- Admission. We reiterate, the Prebo Platform is available to anyone who has reached the legal majority age. Nevertheless, The activity maker User may establish additional admission requirements, when creating or organizing a plan, in order to make known and direct his plan to a specific sector of the Application. In other words, the admission requirements for a Prebo group could be established by the activity makers of that group. However, the admission requirements established by the activity makers may not be, under any circumstances, discriminatory, illegal, of inappropriate content (I refer to the Restrictions clause) or constitute, in any way, violation of these terms and conditions.
- Modification, suspension and cancellation of The User’s account. Prebo may, modify, suspend or cancel / delete a User’s account or his access to the Application, in its sole and exclusive discretion, without the obligation to inform The User, the reasons that justified such decision and, without requiring prior Violation by The User of this Agreement, as well as any of the policies or guidelines that are part of this Agreement. Due to the fact that Prebo, reserves inexorably, the right of admission, as the activity in question is a private activity. Likewise, if The User considers that the modification, suspension or cancellation of his account is due to an error or if he does not agree with said management, he has the possibility of writing an email to the account of email@example.com. However, Prebo has full freedom to decide on the account and access to the Application of said User.
- Account information and security. At the time of registration, The User provides Prebo certain basic information, this is, the full name, date of birth, gender and a profile photo. Prior to this, The User must log in through any of the following validation methods: Apple Sign in (in the case of iOS), phone number, Facebook or Gmail Log in. Likewise, The User agrees to maintain the security and confidentiality of the data and password of the login method used in the Prebo Application. The User is solely responsible for the consequences, for not maintaining such security and confidentiality. For example, if he shares his account credentials with other people, it will be The User himself, the only person responsible for the actions of said person using his account in the Prebo Application. Additionally, The User has the option to write to the account of firstname.lastname@example.org in case he has well-founded suspicions or full certainty that another person is using his password or has accessed to his account without his permission or authorization.
User content and privacy
- His Content. The User is responsible for the Content that he publishes in the Application or that, in any other way, he provides to Prebo, assuming the full, exclusive and strict responsibility in said concept, and what is more, leaving Prebo unscathed for any contingency or damage caused by his responsibility. In no case The User will act as an intermediary, mediator or representative of Prebo. As a consequence of the foregoing, the indemnities, risks, benefits or obligations arising from current legislation will be, the sole and exclusive responsibility of The User.
- With the term “Content”, we mean the information, material and any other Content that The User posts on the Platform or that, in any way, he sends to Prebo. Below, we provide examples of Content:
- The material that the activity makers and Activity Seekers usually publish on the Platform, such as information about the groups and plans to be carried out, as well as those already made by Prebo, comments, photos and / or videos. All the opinions, suggestions and other communications that The User sends or directs to Prebo.
As responsible for his Content, The User consents and accepts, among other things, that:
- He has all the necessary permissions, rights, and licenses (including copyrights, trademarks, contractual rights, privacy rights, or advertising rights) to provide the Content to the Application and Prebo.
- His Content does not include personal, private nor confidential information owned by other people, whether they are legal or natural persons.
- His Content is not unlawful -according to the laws, ordinances, decrees, and other regulations of the place where it is located- inappropriate (I refer to the restrictions clause), dangerous, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, slanderous, invasive of the privacy of third parties, hateful, discriminatory or that in any other way infringes the rights of persons or entities.
- He may not harm minors in any way.
- He will not impersonate a person or entity, including, but not limited to, a Prebo official or employee, forum leader, Guide or host, he will not make false statements, nor in any other way falsify his association to any person or entity.
- He will not falsify headings nor in any other way manipulate identifiers to divert the origin of any Content transmitted through the Prebo Services.
- He will not upload, post, send by email, transmit nor in any other way, make available any Content for which he do not have the right to transmit by law or under a contractual or fiduciary relationship (such as internal, proprietary and confidential information acquired or delivered as part of employment relationships or under confidentiality contracts).
- He will not upload, post, send by email, transmit, nor in any other way make available any Content that violates any patent, trademark, trade secret, copyright or any proprietary right (hereinafter “Rights”) of any third party.
- He will not upload, post, send by email, transmit, nor in any other way make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the operation of any software, hardware or telecommunications equipment.
- He will not interrupt the normal flow of dialogue, nor in any other way act in a way that negatively affects the ability of other Users to link.
- He will not interfere or interrupt the Service, servers, or networks connected to the Service, nor disobey any requirement, procedure, policy or regulation of networks connected to the Prebo Services.
- He will not stalk nor in any other way harass a third party.
- He will not collect nor store personal data about other Users.
- In addition to any obligation corresponding to The User, established in this Agreement, the latter agrees to indemnify, defend and hold Prebo harmless and its subsidiaries, affiliates, successors, assigns, and its officers, directors, shareholders, employees and agents, of and against any claim, procedures, losses, fines, trials, damages or actions, as well as all expenses inherent in any investigation, trial, evaluation, notification, administrative procedure, negotiation or defense of those, based on, arising from or in connection with any violation by The User.
The User also accepts that both, he and his Content, comply with this Agreement, which includes our Use and Content Policies, Group and plan policies, restrictions, intellectual property policies, guidelines for use of trademarks. The User also acknowledges and accepts that Prebo has extensive powers to remove metadata related to his Content.
- License granted by The User on the Content of sole and exclusive property of The User. Prebo acknowledges not being the owner, this is, not having any domain rights regarding to the Content created, generated, uploaded, published, sent by email and / or transmitted by The User or that in any way he makes available through the Prebo Services, being, therefore, The User, the only person fully responsible for his Content, releasing Prebo from all responsibility in such concept. However, since the Prebo Services, as well as The Users account, are the exclusive property of Prebo, The User grants Prebo and its controlling, controlled or under common control companies, a worldwide, free and non-exclusive license -including a waiver of any moral right- to use, host, store, reproduce, modify, publish, publicly display, publicly present and distribute his Content, as well as to create derivative works of it and to market and exploit the copyright, trademark, advertising and database rights that The User possesses on his Content. This license allows that the Content of The User, continue being in the Application, even after The User is no longer part of a Prebo group or the Application.
With respect to the Content that The User chooses or makes available for inclusion in areas of public access to Services, The User grants Prebo the license to use, distribute, reproduce, modify, adapt, communicate to the public, and publish said Content in the Prebo Application. This license will only exist for the period in which The User decides to continue including said Content in the Prebo Application, and will end in the moment The User or Prebo removes said Content from the Application.
We reiterate, this license does not grant Prebo the ownership of any part of The User Content. As against that, it only gives Prebo the right to use such Content in connection with the Application and other Prebo Services. This license continues even if The User has closed his account, since it is essential for the purposes of the Application.
The User agrees to indemnify and hold Prebo free of damage and harmless, and its controllers, subsidiaries, companies under common control, affiliates, authorities, agents, associates or other partners and employees of any claim or lawsuit, including reasonable fees of the lawyers, initiated by third parties due to or originating at the Content that The User sends, publishes, transmits or makes available through a) the Prebo Services, b) his use of the Services, c) his connection to the Services, d) his violation of the terms and conditions e) or violation of the rights of a third party.
Prebo cannot control the way in which Users use the information that a User provides them. It is for this reason that, The user who discloses his information to other Users, is fully and exclusively responsible for his actions and particularly, in what concerns us here, he is exclusively responsible for the information disclosed by himself, in his own name. For this, Prebo recommends The User to act at all times with common sense and good judgment when sharing information with other Users in the Application.
Thus, The User agrees to leave Prebo aside, and in this sense, not claim any concept from him due to any damage or contingency that he may suffer, in the spirit of the disclosure of his data and personal information, carried out by him, in his own name.
The use of the Application by The User
Prebo requires The User to follow the policies and guidelines when using the Application and other Prebo Services, and the latter agrees to follow them. Prebo will remain exempt from all responsibility, for the Content published by anyone in the Prebo Application
- Our policies, guidelines and applicable laws. Prebo requires anyone who uses the Prebo Services, to comply with the Use and Content Policies, the Group and Event Policies, the Payment Policies, the Guidelines for the use of trademarks. The User agrees to comply and address with strict adherence to the aforementioned policies, guidelines and conditions and all applicable laws, rules, ordinances, decrees and regulations. Likewise, The User is constrained not to violate or infringe the rights of any third party.
Additionally, it is necessary to clarify that the access and use of some areas or functions of the Application are subject or if they are not yet, they may be subject at any time, in Prebo’s sole discretion, to additional conditions, policies, standards or guidelines (hereinafter “Additional Conditions”) that he User must respect, accept and complete.
Prebo reserves the right to modify, suspend or cancel The User’s account or his access to the Application and other Prebo Services, at Prebo’s free and exclusive discretion. The infringement or violation by The User, to the terms and conditions contemplated in this Agreement, will bring along the modification, suspension or immediate cancellation of The User’s account or his access to the Application and other Prebo Services. Likewise, The User has the possibility of sending an email to email@example.com in case of having strong reasons to consider that the modification, suspension or cancellation has occurred due to an error, not attributable to him.
- Content of other Users. Prebo has no obligation to control the Content of other Users. However, in the event of becoming aware of the existence of inappropriate Content in the Application, Prebo will proceed to carry out the corresponding investigation and adopt the appropriate measures, in order to stop The offender User in his conduct and act. Notwithstanding, Prebo has no obligation to supervise The Users Content, nor assume any responsibility in this concept.
- Interactions with other Users. Prebo is oblivious to the plans that Users may create and specify through the Application, and in this sense, we emphasize that he is not part and therefore, he is not responsible for any plan that any User could create through the Application of Prebo, in bad faith and / or for purposes against the terms and conditions set forth herein. Prebo does not perform nor requires background checks to The User, nor is it possible to verify the veracity and accuracy of the statements made by The User. Prebo does not provide declarations or guarantees regarding the conduct or the Content of The User or his interactions with other Users.
Tip: Operate with common sense, good judgment and strict adherence to the terms and conditions of this Agreement, when using the Prebo Services and interacting with other Users, in the Application as well as, in events or plans that could be created and specified through the Application. The User who becomes aware of or has reasonable suspicion about the behavior or acting maliciously, improperly and / or contrary to this Agreement, has the possibility of reporting such circumstance to Prebo, writing to the email firstname.lastname@example.org.
- Prohibited uses of the Application. The Application contains exclusive and confidential information and is protected by laws, such as intellectual property law. Except as expressly provided otherwise, by Prebo, established in this Agreement, The User agrees not to a) use, host, store, reproduce, modify, publish, display and publicly represent, distribute or create products derived from the Application or any of its parts; (b) delete or alter the proprietary notices of the Application; (c ) execute reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, or organization of the Application, nor (d) rent, lease, resell, distribute, or use the Application for commercial purposes not covered by this Agreement. The User also consents and accepts not to use the Application to request or collect (i) personal data of other people, except when necessary for the administration or participation in a group, plan or event, nor (ii) sensitive personal data, attending to the consideration and treatment of these, according to the applicable law (we mention, as an example, information health, social security numbers or other government identifiers). Additionally, The User accepts and agrees to abide the export control laws of his local jurisdiction. The User also declares and guarantees not to reside in a country subject to an embargo by the government of the United States or that is considered, by the government of the United States, as a country that “supports terrorism”, and that does not appear in any list of prohibited or restricted persons of the United States government.
- Application Security. The User accepts and agrees to (a) not extract directly or indirectly data from the Application for commercial purposes not permitted by these terms and conditions, either through the use of an automated system or software operated by a third party or otherwise (massive extraction of screens, data or web elements); (b) not participate directly or indirectly, in any activity that exceeds the common and ordinary use of the Application,in other words, that does not interfere or alter, nor designed to interfere or alter the functionalities of the Application, code, and others structure thereof, or that imposes a disproportionate load on the Application or its systems or servers. The User accepts to use, retain and treat the personal data obtained by the Application in accordance with the laws, ordinances, decrees, regulations, and other current regulations, in order to administrate and participate in the groups and plans/events of Prebo. The User accepts and agrees to inform the people, whose personal data he wants to use, retain and/or treat, to obtain the necessary consents and respond to the requests made by them as required by current law. Likewise, The User is obliged to protect such data, in order to avoid unauthorized access, use or treatment. The User must delete the aforementioned personal data when they are no longer strictly necessary for the administration of a group or plan/event of Prebo. The User must also delete them immediately, after receiving a request or intimation from Prebo, in which case he must certify the elimination of them.
- Third-party sites and services. Without prejudice to the specific section on third-party Products, services, and links, we reiterate that the Application contains links to third-party sites and is made up of various third-party services, applications and sites that may make their content and products available to The User. It is not Prebo’s obligation to control these third parties and, therefore, Prebo is not responsible for those sites or services, nor for their content or products, reducing the responsibility for the illicit, damages or any other contingency, caused by them, to third party owners of such sites or services. The last ones -the third parties- may have their own conditions and policies, therefore, the use that The User makes of the sites or services owned by the third parties, will be governed by the conditions and policies to which the sites are subject or third party services. The User does not have a license to use the intellectual property of third parties, for the simple fact of having access to our Application, on the contrary, he must address with strict adherence to the conditions and policies of third parties.
Charges, payments and offers
Prebo charges The User for certain functions and / or functionalities of the Application. The User may pay Prebo for certain additional functionalities. Such paid features are “Unlimited Likes” “Invitation” “Detective” “Exclusive Member” and “Popularity”. These charges are billed periodically and recurrently, unless The User disables the automatic renewal or cancels his subscription. Furthermore, said charges are subject to changes and modifications.
- Charges charged by Prebo. The use of some functions of the Application are paid. Prebo reserves the right to apply a new charge or modify an existing C, for certain current or future functionalities of the Application. In the event of applying a new charge or modifying an existing one, Prebo will proceed to notify The User thereof. The User agrees to pay said charges and any associated taxes, to continue using the corresponding service. Unless otherwise provided, all charges and all transactions are in US dollars.
In relation to the paid features, the “unlimited likes” allows The User to send likes unlimitedly – in time and amount. The Like function is used in the Application, with the purpose of indicating, the explicit desire of The User, to initiate a conversation, with another User or group of Users -because reciprocity of the like is a sine qua non condition to achieve start a conversation, with the exception of the “Invitation” functionality.
The “Invitation” functionality allows The User to send a message to another User or group of Users, regardless of the reciprocity of the like.
In order to delve into the explanation of the “Detective” functionality, it is necessary to explain, a priori, the following concepts.
With the term “Match” we refer to the connection that is generated between two Users, groups of Users or a User with a group of Users, when they like each other, opening, as a consequence, a conversation between them.
With the term “Hide”, we refer to the express and manifest will of a User, that is not interested in starting a conversation with another User or group of Users.
Having said this, we highlight that the “Detective” functionality is the one through which, Prebo informs to The requesting User of this functionality, all those groups or Users visible in the grid of photos, who have sent a like to him, when a match has not happened yet, or the requesting User has not hidden them -this means that, the “Hide” button has not been clicked.
The functionality of “Exclusive Member” consists of a subscription, whose payment can be weekly, monthly or quarterly. All these subscriptions will include a weekly, recurring, non-cumulative credit of five (5) “Detectives” and five (5) “Invitations”. Likewise, The subscribed User, will be granted a “Popularity” boost, which will multiply his current popularity x2, x3 or x5 respectively, according to the subscription contracted by The User; if it is weekly it will be multiplied by two (2), if it is monthly by three (3) and if it is quarterly by five (5).
The functionality “Popularity” allows The User to obtain greater visibility within the Application. This functionality is included in the aforementioned functionality of “Exclusive Member”, therefore, The User may only have access to this functionality -“Popularity”-, by paying the functionality “Exclusive Member”.
Members of the European Union may unsubscribe and receive a full refund within 14 days of subscribing to the Prebo Platform. However, if The User uses the service, he will be charged the corresponding concept, due to the services provided, by Prebo, during that 14-days period. This 14-days period begins once the service starts, even when using a free trial version. Users residing in the European Union can exercise their right to cancel by sending an email to email@example.com.
2 Payments to Prebo. Each User will be responsible -in case of hiring a paid functionality- to pay the paid functionalities they want or the subscription, and any other charge applicable to Prebo on time and through its authorized payment methods. Likewise, the contracting User of the paid functionality of Prebo, may only make the purchase, using a valid and acceptable payment method for Prebo, as specified by the Application. In the event that Prebo cancels, suspends or deletes the account of The User, he will not be obliged to reimburse any of the fees already paid to him by The User, by way of subscription or paid functionalities. All payments made by Users through the Prebo Application will be subject to the terms and conditions of the Apple or Android multimedia services. Therefore, any request for reimbursement by The User, must be sent to Apple or Android, depending on the operating system of The User device.
The User affirms and guarantees that he is authorized to use the payment method established by the Application. Likewise, The User authorizes Prebo (and its external payment processors) to collect, through its determined payment method, the full value of any charge owed to Prebo, including any applicable taxes and other charges that may be appropriate. If the payment method cannot be verified or if it is not valid or Prebo cannot accept it, the payment may be suspended or canceled. Prebo reserves the right to correct any error, or to order its payment processors to correct it, even if payment has already been requested or received, as well as the right to issue refunds, if applicable.
3 Automatic renewals of the subscription or functionalities. It is possible that Prebo bill certain services or functionalities of the Application, periodically or in one lump sum. If they are billed periodically, the charges must be paid in advance of the corresponding period determined through the Platform, without the right to refunds. Prebo will automatically bill The User for each renewal period until The User or Prebo decides to cancel the functionality or subscription. By purchasing any functionality or other service of the Prebo Application, for which Prebo charges a fee, The User will authorize Prebo to keep his account up to date by charging the corresponding fee on his credit card (or by any other payment method he use).
4 Free trials. Prebo may occasionally offer free trials of subscriptions and other products or functionalities of the Application. Prebo will inform The User of the duration of the free trial, its renewal period and the date and amount of his first payment. Once the free trial has ended, the paid subscription will begin and The User will automatically be billed for each renewal period until cancellation. The User may cancel the automatic renewals of the subscription or functionality, at any time in accordance with the terms and procedures described above. Only Users residing in countries of the European Union will have the right to cancel and obtain a full refund within 14 days of contracting. To do this, The User needs to write to firstname.lastname@example.org. Said period of 14 days, will begin to compute from the day the free trial begins.
Prebo is an Application that connects groups of people or friends with other groups, or an individual person with other people or groups. Likewise, Prebo contacts an individual person or groups of people who wish to offer services, with people who require such services. Thus, Prebo is a meeting platform of these people, which allows them to interact, create plans, make plans, participate and / or join those plans.
Following this criterion, Prebo will not be responsible and because of this, The User agrees not to claim or hold Prebo responsible for, what happens in relation to transactions with third parties, interactions between Users or groups and what happened in the plans or events created and made while using Prebo.
The User acknowledges and accepts, releasing Prebo and its executives, directors, shareholders, agents, employees, consultants, main company, affiliates, subsidiaries, sponsors and other external partners (hereinafter, collectively “Prebo Members”) of claims, lawsuits and indemnity or compensation for direct or indirect, anticipated or unforeseen, intrinsic or extrinsic damages, including but not limited to material damage, divided into consequential damages and loss of profits, and non-material damage (hereinafter collectively “Claims”), that arise due to ,the use or impossibility of using the Application and other Prebo Services, the unauthorized access to his transmissions, or alteration thereof or his data, statements, conducts or transactions with a third party, his interactions with other Users or in relation to a Prebo group or a plan or event created and carried out through the Prebo Application or any other matter related to the Services s from Prebo. The User also acknowledges and accepts, releasing Prebo from Claims, based on the negligence of a User, due to his Content or the Content of another User or Prebo group, plan or event created, plan or event created, carried out or in which he had participated through Prebo, or that is related in any way with them. Hereby, The User waives any right and potential or effective benefit that he or she may have or could have in accordance with the Article 1542 of the California Civil Code or any similar provision, legislated or not legislated, of any other jurisdiction, always in accordance with the current law.
The User understands, acknowledges and accepts that some plans or events carried out through the Prebo Application, carry inherent dangers, including within this concept, but not limited to, the risk of disease, bodily injury, disability or death. By participating in these events, The User understands and accepts that he has freely chosen to assume these risks and therefore undertakes to hold Prebo harmless and free of liability, assuming all risks on his behalf and under his sole responsibility.
All the conditions stipulated with respect to Prebo, apply to Prebo, its companies, controllers, controlled or under common control.
Duration and Termination
The User agrees that Prebo can, without prior notice, cancel and immediately terminate his account in the Prebo Application and his access to the Prebo Services.
Grounds for termination include, but are not limited to: (a) breaches or violations of the terms and conditions set forth in this Agreement, including the Use and Content Policies, the Group and Event Policies, the Restrictions, the intellectual property, the Guidelines for the use of trademarks, or other agreements or guidelines incorporated or to be incorporated; (b) requirements of legal or governmental authorities; (c) The User request (this is account termination at the request of The User); (d) termination or substantial modifications to the Application or other Prebo Services (or any part thereof); (e) unexpected technical or security problems; (f) prolonged periods of inactivity.
The termination of The User account includes: (a) the cancellation of access to all Prebo services; (b) the deletion of all the information and Content that is the exclusive property of The User, except all the information, that the legal regulations authorize or require us to continue storin; and (c) prohibit further use of the Prebo Services.
Likewise, The User agrees that all grounds for termination with cause may be invoked by Prebo, in its sole discretion and that Prebo will not be liable to The User, nor to any third party for any termination of his account or access to the Prebo Services.
This Agreement will remain in effect unless Prebo decides to terminate or modify it.
Disclaimer of warranties and limitation of liability
The Prebo Application is provided to The User “as is” and “as available”, with all faults and defects. Prebo does not offer any guarantee of any kind, regarding its Application. To the maximum extent permitted by applicable law, Prebo, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, legal or otherwise, with respect to the Application, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise outside of the course, in the course of performance, in the use or commercial practice. Without limiting the foregoing, Prebo does not offer any guarantee nor commitment, and does not guarantee in any way that the Application meets the requirements of The User, achieves the expected results, is compatible or works with any other software, applications, systems or services, operates without interruption, meet performance or reliability standards or be crash free or that any errors, crashes or defects must be fixed.
- Disclaimer of warranties. The Prebo Platform is provided to The User “as is” and “as available”. Prebo does not assume any responsibility for guarantees and conditions of any kind, which includes, we reiterate, among others, the statutory guarantees and the implicit guarantees of commercialization, suitability for a specific purpose and compliance. Likewise, Prebo assumes no responsibility for any guarantee regarding: (a) the reliability, punctuality, validity, precision and performance of the Prebo Application; (b) any information, advice, services or goods, obtained or announced through the Prebo Application, as well as any information or advice received through any link to other websites or resources provided through the Prebo Platform; (c) the results that can be obtained from the Application; (d) the correction of any error on the Platform; (e) any material or data obtained through the use of the Prebo Application, (f) the operation and availability of the Application, (g) that the Application be uninterrupted and error/crash-free, (h) that the Application, its servers, content or emails sent from or on behalf of Prebo are free of viruses, scripts, trojans, worms, malware, time bombs or other harmful components.
- Limitation of liability. The User accepts that, in no case, none of the Prebo Members will be responsible for direct, indirect, incidental, special or emergent damages, which includes, among others, damages for loss of profits, moral damages, goodwill, use, data or other intangible losses (notwithstanding Prebo Members having been informed of the possibility of such damages) arising in connection with: (a) the Prebo Application or this Agreement, or the impossibility to use the Platform (regardless of how it might happen, including negligence on the part of Prebo); (b) content, statements or conducts of any User or third party on the Platform, or transactions with them; (c) third party software, which Prebo would have shown, included or made available in any way to The User through the Application; (d) the use that The User makes of the Application or the transfer to or from Prebo plans or events, the attendance at Prebo plans or events, the participation or exclusion of Prebo groups, plans or events, and the actions of The User or other people in Prebo’s plans or events; (e) personal injuries of a spiritual or physical nature caused as a result of attending Prebo plans or events, or the participation or exclusion of Prebo groups, plans or events; (f) loss of privacy, arising or linked in any way with the use or the impossibility of using the Application, or (d) any other matter related to the Prebo Application or with any provision of this Agreement. In the hypothetical and improbable case that Prebo becomes responsible, its responsibility towards The User or any third party, in any circumstance, is limited to the amount of charges, if they exist, that The User had paid during the 12 months prior to the action that gave rise to liability. Notwithstanding the foregoing, in this section, Prebo will be solely and exclusively responsible for fraud, intent or malicious, willful or reckless misconduct on its part.
The User who enters into a dispute or any type of controversy with Prebo, agrees to try to resolve it, in the first instance, directly with Prebo – extrajudicially-. In the hypothetical and improbable case of not arriving at a solution, The User must bring the controversy that he had contracted with Prebo -whether this controversy was- before a neutral arbitrator, who will be chosen as detailed in point 2. of this section. Claims can only be filed individually and not as part of a class action.
- Preliminary. With the term “claim” we refer in this section to any claim, dispute, litigation or controversy that may arise in relation to, the use that The User makes of the Application and other Prebo Services or this Agreement, including the participation of The User in plans or events created and / or carried out through Prebo.
- Informal resolution of controversies. Prior to making any claim to Prebo, The User accepts and agrees to, try to resolve any controversy that may arise with Prebo, through conversations in good faith. In this sense, The User may initiate a dispute resolution process, sending an email to email@example.com, describing what have happened, the alleged dispute and the intended result. In the face of Prebo’s silence or the impossibility of reaching a mutual agreement, The User will be empowered to bring the controversy before a neutral Arbitration Tribunal, which will be made up of three members. Each party will appoint an arbitrator and the two arbitrators so appointed will choose the third arbitrator, who will exercise the functions of president of the tribunal.
- Arbitration agreement. The arbitration procedures described in this section, will apply to all Prebo Users, with the exception of residents in countries of the European Union, unless they decide and expressly state their decision to submit to any of the following forms of arbitration. In point 3.6 of this section, are exposed, the dispute resolution procedures that will be applied to Users residing in countries of the European Union.
3.1 Compulsory arbitration. Without prejudice to the aforementioned, The User accepts and agrees to submit his claim to Prebo -business name Kickser S.A.- in order to submit it to a final arbitration and binding award. It is possible that, during the arbitration, the parties may not exercise certain rights, such as the disclosure of evidence, the appeal, etc. The User and Prebo expressly waive, in this act, the right to be judged by a judge or a jury in a court of law. This arbitration agreement will apply, regardless of whether the claim occurs, during or after the termination of this Agreement or the relationship of The User with Prebo.
3.2 Deadline for filing in arbitration. All claims subject to arbitration must be initiated within a year, counting this term, from the date on which The User files the claim before Prebo, or in which he becomes aware or is presumed that he have known the act, the omission or the breach that gives rise to the claim, or the shortest period allowed by applicable law.
3.3 Arbitration procedures. In the face of Prebo’s silence or the impossibility of reaching a mutual agreement, either party may initiate an arbitration process, before a neutral Arbitration Tribunal, for which each party will select an arbitrator and the two arbitrators appointed in this way, will appoint the third arbitrator, who will perform the functions of president. The lawsuit must be submitted in writing for arbitration, with a copy to the other party, notifying it at his respective legal address -in the case of Prebo, this is, Alicia Moro de Justo 1150, Puerto Madero, Buenos Aires, Argentina-, or by email, with express reception from the other party, -in the case of Prebo, this is, firstname.lastname@example.org. All arbitration hearings will take place in the city of Buenos Aires, Argentina. The arbitrator shall abide by this Agreement and may compel the payment of fees and expenses, including the attorneys’ fees of the winning party. However, the arbitrator may not order declaratory reparation or precautionary measures that benefit any other person, other than the parties participating in the arbitration. The award is subject to sufficient and extensive judicial review.
3.4 Exclusion from arbitration. The User has the possibility of rejecting the resolution of controversies through arbitration. For this, the latter must send an email to email@example.com within 30 days, counting from the date on which The User had accepted, for the first time, this Agreement. The email by which The User rejects the resolution of disputes through arbitration, must include his full name, real address or residence, email address registered with his Prebo account and a clear and express statement indicating, that The User wishes to exclude himself from arbitration. If The User excludes himself from this process, in accordance and respecting the provisions of this section, then the “Dispute Resolution” section of this Agreement will be ineffective for The User, that is, it will not produce effects with respect to him. This exclusion will not affect any other section of this Agreement.
3.5 Waiver Class actions. The User accepts and agrees to resolve the disputes raised with Prebo, individually, and not filing any claim as a plaintiff or member of a class action, joint or representative action. The User expressly waives any right, to participate in class actions / lawsuits, class arbitrations, joint claims and in the public interest with other arbitrations.
3.6 Terms of dispute resolution applicable to Users residing in EU countries. In the event that The User resides in a member country of the European Union, the mandatory provisions of public policy, of his respective country, will apply.
For End Users of the US Government. USA
The application and related documentation are “Commercial Items”, as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as well as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to end users by the US Government. USA (a) only as Trade Items and (b) only with the rights granted to all other end users in accordance with the terms and conditions herein.
The User agrees not to export or re-export the Application, except those things that are authorized by the law of the United States and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported to (a) a nation or resident of a country embargoed by the US or (b) anyone listed on the following US lists: “US Treasury Department’s list of Specially Designated Nationals ”,“ U.S. Department of Commerce Denied Person’s List ”or in“ U.S. Department of Commerce Denied Entity List ”.
By installing or using any functionality of the Application, The User declares and guarantees not to be a national resident nor to be in or under the control of a country that has been embargoed by the U.S. or that it is in the list mentioned in the previous paragraph.
The User has the possibility of directly contacting Prebo, in case of any question, suggestion, comment or information that he wishes to communicate to Prebo, sending an email to the account firstname.lastname@example.org.