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TERMS AND CONDITIONS FOR ADVERTISERS IN THE SPIRIT Ü APPLICATION

 

Thank you for advertising on Spirit Ü. The following terms and conditions ("Terms") govern the creation and management of advertisements within the mobile platform (collectively, the "App") and serve as a supplementary Annex to the Terms and Conditions for Users of the Spirit Ü Application. The advertiser agrees to comply with the Terms and Conditions, so please review the Terms and Conditions for Users of the Spirit Ü Application and our Privacy Notice, which also governs the use of the App. If you do not accept the Terms, you will not be able to advertise on the App.

SERVICE SCOPE:

1.1 Considerations: By advertising on the App, the PARTIES establish the scope and characteristics of the contracted service under the Mobile Application Advertising Space Lease Agreement. The specifications set forth in this annex shall govern the contractual rules established in the referenced Agreement.

1.2 Service Description: The advertiser, hereinafter referred to as "Guide Ü," will have an administration console where they will manage and self-manage the advertisement subject to this Contract. Through this administration console, Guide Ü can log in with an email address and password, which will be duly registered in Spirit Ü's administration console. The same password or credentials will be used for both user and Guide Ü logins. Spirit Ü will grant access to Guide Ü so they can create, modify, and edit their advertisements within the same platform. By accessing the application, Guide Ü accepts and acknowledges the Terms and Conditions that govern the functionality of the application, as well as the relationship that must be maintained and respected with the end users, Spirits.

 

ADVERTISING REGISTRATION:

2.1 Responsibility: The advertiser acknowledges being the legal representative and authorized person of the brand, product, or service advertised under this contract. Therefore, they are solely responsible for the communication, delivery of the service or product, quality, and everything related to the activities described in the advertisement. By advertising within the App, Guide Ü declares and warrants that they are at least 18 years old and have the legal capacity to enter into this contract.

2.2 Registration as Guide Ü: To obtain a Guide Ü account, the user must register as a regular user (Spirit) subject to the Terms and Conditions for Users of the Application. Then, they must complete the advertiser's application in the respective form to gain access to the Spirit Ü platform. The following information needs to be provided:

• Full name.

• Email address.

• Photograph of Official Identification Document in JPG and PNG format (maximum 3MB) showing the identification number and validity. It can be:

• National Identification Card (INE)

• Passport

• FM2

• FM3

 

ADVERTISEMENT FEATURES:

3.1 Advertiser Information: Guide Ü may enter general information or any other necessary information for the proper advertising of the service or product at any time. Guide Ü can modify this information as many times as necessary by accessing the administration platform using the previously created access. The information includes, but is not limited to:

• General information about the company/person.

• Company name.

• Contact email.

• Company address.

• Company phone number.

• Company website.

• Opening hours.

3.2 Ad Content: Guide Ü has the right to publish the product or service with the following characteristics:

• Services or products (maximum 3 ads).

• Service/product name.

• Selection of product or service.

• Selection of category.

• Selection of subcategory.

• Description of service or product (maximum 500 characters).

• 1 video in MP4 or MOV format (maximum 5MB).

• 9 images in PNG or JPG format (maximum 3MB).

The characteristics of the videos or images advertised by Guide Ü must not differ from the ones offered. If a publication does not meet the established standards, it will be considered a breach of the Advertising Lease Agreement, and such publication cannot be displayed in the App.

ADVERTISING TRANSACTIONS:

4.1 General Information: Spirit Ü allows Guide Ü to offer and sell their products without Spirit Ü being part of the transaction. Therefore, Spirit Ü solely acts as an advertising bridge between Guide Ü and the Spirits, as indicated in the Terms and Conditions for Users of the Application.

Spirit Ü is neither the buyer nor the seller of the products offered by third-party sellers. Spirit Ü merely provides a space where buyers and sellers can negotiate and carry out their transactions. Therefore, the contract for the purchase of any product sold by a Guide Ü is solely and exclusively entered into between the buyer and the seller of that product. Spirit Ü is not a party to that contract and assumes no responsibility related to it, nor does it act as the seller's representative.

The seller is responsible for the sale of their products, as well as providing assistance regarding buyer's claims or any matter related to the contract between Guide Ü and the Spirits.

DISCLAIMER AND LIMITATION OF LIABILITY

5.1 Advertisements: Guide Ü is solely and exclusively responsible for the publications made by themselves, their employees, or collaborators under the scope of this CONTRACT in the App. They are also solely and exclusively responsible for the publications, comments, posts, or any reviews made by end-users who interact with the platform owned by SPIRIT Ü regarding the advertised product or service by Guide Ü.

5.2 Products and Services: Spirit Ü is in no way responsible for the products, services, promotions, contacts, images, videos, audios, sounds, comments, product properties advertised by Guide Ü through the App. The delivery, supply, endorsement, quality, and everything related to the products and services promoted in the App are solely and exclusively the responsibility of Guide Ü.

5.3 Damages and Losses: Spirit Ü will not be held liable for damages caused to Guide Ü's reputation and image, direct or indirect sales, disqualification of the product or service by end-users, veracity of the product's advertised characteristics by Guide Ü, damages to third parties directly or indirectly derived from the publication, promotion, upload, and download of the advertisement, product or service, and all activities carried out by Guide Ü and the Spirits in the delivery of their products or services.

5.4 Advertisement Data and Information: Spirit Ü will not be responsible for the contact information, locations, websites, and any other information that Guide Ü publishes as contact details or web links. Guide Ü will be solely responsible for the accuracy and updated information in each post or publication of a specific product or service. Guide Ü will also be solely responsible for any damages and losses that the published information may cause to a third party or to the platform itself.

5.5 Interaction: Spirit Ü does not assume responsibility for opinions, interactions, or any type of documentary exchange that may occur between Spirits and Guide Ü. However, Spirit Ü reserves the right to delete offensive comments, those against good customs, those that attack individuals' physical characteristics, comments that incite hatred and violence, or messages that violate the application's policies and are offensive to the community.

5.6 Disclaimer: Guide Ü acknowledges that the use of the App and the advertisements made within the App are at their own risk. The Service is provided "as is" and without warranties of any kind, whether express or implied. Spirit Ü does not guarantee a specific number of sales or transactions made through the advertisements in the App. Spirit Ü also does not endorse, recommend, deliver, or provide any type of promotion outside the agreements established in this contract for the benefit or detriment of Guide Ü. Spirit Ü also does not guarantee that the Service will be uninterrupted, error-free, or suitable for the User's needs. Spirit Ü will not be responsible for any direct, indirect, incidental, special, punitive, or consequential damages, including, without limitation, loss of profits, use of mobile data, use of the App, goodwill, or other intangible losses, resulting from the use or inability to use the App. If the User is not satisfied with the App, their sole recourse will be to discontinue its use.

5.7 Suspension and Removal of Advertisements: Spirit Ü reserves the right to deactivate accounts, remove or edit content, cancel orders in case of violation of these Terms of Use, General Conditions of Services, or any policies, terms, and conditions of Spirit Ü, third-party rights, or commission of a crime or any conduct that damages the reputation of Spirit Ü or the customer experience.

GENERAL PROVISIONS

6.1 Applicable Laws and Personal Data Protection: These Terms and Conditions will be governed and interpreted under the same conditions and legal provisions described in the Terms and Conditions for Users of the Spirit Ü Application.

Spirit Ü reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions. It is the responsibility of the Advertiser (Guide Ü) to periodically check these Terms and Conditions for any changes. The continued use of the Service after the posting of any changes to these Terms and Conditions will constitute the Advertiser's acceptance of such changes.

If you have any questions or concerns about these Terms and Conditions, you can contact us via email at contacto@appspiritu.com or through the contact methods available on our website spiritu.app.

Updated: May 2023.

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