TERMS AND CONDITIONS FOR USERS OF THE SPIRIT Ü APPLICATION
Welcome to Spirit Ü. The following terms and conditions ("Terms") govern the use of this mobile application and any content, features, or functionality available on or through this mobile platform (collectively, the "App"). By accessing the App, you agree to comply with the Terms and Conditions. Please review our Privacy Notice, which also governs the use of the App. If you do not accept the Terms, you will not be able to use the App.
USE OF THE APP
1.1 Personal Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the App solely for your personal and non-commercial use under the Spirit term. The purpose of the App is to provide general information about the mobile application called Spirit Ü, as well as alternative, artisanal, and spiritual products and services through related advertising. You agree not to use the App for any other purpose.
1.2 Commercial Use: If you advertise within the App, you will be considered a Guide Ü, and your commercial interactions within the App will be governed by the Terms and Conditions for Advertisers of the Spirit Ü Application, which can be found in the Ads section within the App or on our website spiritu.app.
1.3 Minimum Age: By using the App, you declare and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.
1.4 Registration: You may need to register to use certain features of the App. If you decide to register, you must provide accurate and up-to-date information. You may not use someone else's name or account without permission. You are responsible for maintaining the confidentiality of your password and any information in your account. You agree not to disclose your password to third parties. You agree to notify us immediately if you suspect any unauthorized use of your account or unauthorized access to your password.
1.5 Interactions: Spirits may post their opinions, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, provided that the content of such materials is not illegal, obscene, abusive, constitutes a threat or defamation, or invades the privacy of third parties, infringes intellectual property rights, or is otherwise offensive or objectionable to third parties or contains computer viruses, political propaganda, or advertising content, chain emails, mass mailing, or constitutes any other form of "spam."
1.6 Prohibited Use: You agree not to use the App in any way that violates any law, regulation, or third-party terms, or that may damage, disable, overload, or negatively affect the App or any other person using the App. The use of fake email addresses, impersonation of another person or entity, or any other form of misrepresentation of the origin of any content is not allowed.
2.1 Trademark: Spirit Ü is a registered trademark under the Mexican Institute of Industrial Property. Our trademarks, logos, and slogans appearing in the App are trademarks owned by Spirit Ü or our licensors and may not be used without our prior written consent or the prior written consent of the trademark owner.
2.2 Content: All content available on or through the App, including, without limitation, text, graphics, images, photographs, videos, sounds, trademarks, and logos, may be protected by copyright and other intellectual property laws. You agree not to modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or use any content available on or through the App for commercial or public purposes without our prior written consent or the prior written consent of the copyright owner.
DISCLAIMER AND LIMITATION OF LIABILITY
3.1 Advertisements: Spirit Ü will not be responsible at any time for the products, services, promotions, contacts, images, videos, audio, sounds, comments, and product properties that are advertised through the App. It is the sole and exclusive responsibility of the end-user and, if applicable, the consumer who purchases such products or services. Therefore, the warranty for such products or services will automatically fall on the party responsible for marketing or manufacturing them.
3.2 Chat and Forums: For chat and communication exchange rooms, Spirit Ü is not responsible for the opinions, interactions, and/or any type of document exchange that may occur between Spirits and Guides Ü. However, Spirit Ü reserves the right to remove offensive comments, those against good manners, comments that attack people's physical traits, comments that incite hatred and violence, or messages that violate the application's policies and are offensive to the community.
3.3 Locations: Spirit Ü will not be responsible at any time for the accuracy and security of the mobile locations generated within the application by the advertising Guides Ü, nor for any links, web pages, URLs, or any other data, contact, or medium that appears within the publication.
3.4 Disclaimer: The User acknowledges that the use of the App is 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 that the Service will be uninterrupted, error-free, or suitable for the User's needs. Spirit Ü shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including, but not limited to, loss of profits, mobile data usage, App usage, 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 shall be to discontinue its use.
3.4 Suspension and Account Termination: Spirit Ü reserves the right to delete or suspend the User's access to the App at any time, with or without cause and with or without notice, which may result in the confiscation and deactivation of the account for reasons that violate the Terms and Conditions.
3.5 Indemnification: The User agrees that the violation of these Terms and Conditions may give rise to legal claims or demands, in which case the User shall indemnify and hold Spirit Ü, its affiliates, licensors, service providers, employees, agents, directors, officers, contractors, suppliers, successors, and assigns harmless from any claims or demands arising out of their use of the App, the violation of these Terms and Conditions, the violation of any third-party rights, or any other act or omission that causes harm to Spirit Ü.
GENERAL TERMS AND CONDITIONS
4.1 Applicable Law: These Terms and Conditions shall be governed and interpreted in accordance with the applicable laws in the State of Mexico, where Spirit Ü has its administrative location, without giving effect to the principles of conflict of laws. The User agrees that any legal or equitable action arising from or related to these Terms and Conditions or the use of the App shall be brought exclusively in the state or federal courts of the State of Mexico, and the User agrees to submit to the personal jurisdiction of such courts.
4.2 User Protection: In terms of the Federal Consumer Protection Law, specifically with regard to Article 7 of said legal framework, which establishes that every supplier is obliged to inform and respect the prices, fees, warranties, quantities, qualities, measurements, interests, charges, terms, restrictions, deadlines, dates, modalities, reservations, and other applicable conditions in the marketing of goods, products, or services, including those offered, obligated, or agreed upon with the consumer for the delivery of the goods or provision of the service, and under no circumstances shall these goods, products, or services be denied to anyone, as well as the information about them, the condition set forth in the aforementioned article shall be the sole and exclusive responsibility of the manufacturer or entity responsible for marketing the product or service. Spirit Ü only acts as an advertising medium by providing its App but does not engage in any commercial transaction with the final consumer or user of the platform who interacts on it.
4.2 Use of Data: Every time you use a Service of Spirit Ü or send us an email, text message, or other communications from any device, you will be communicating with us electronically. You agree to receive communications from us electronically in a variety of forms, such as through the following types of data messages: email, text messages, automatic notifications from our app, or through notices and messages posted on this website or through other Services of Spirit Ü. You agree that all contracts, notices, messages, and other notifications and communications that we provide to you electronically satisfy any legal requirement of written form and have full legal effect and validity.
4.3 Data Protection: In terms of the Law on the Protection of Personal Data Held by Private Parties, Spirit Ü is committed to taking care, safeguarding, and not disclosing all personal data or personal information resulting from the use of the App, including but not limited to name, last name, email address, telephone number, trademarks, location or address, gender, communication within the platform, and any other data or information of a confidential and private nature.
4.4 Data Claim: The user reserves the right to request the deletion of their personal data and private information resulting from the use of the App and held by Spirit Ü within the means of management and operation of the App. To request the deletion of personal data, the user must delete their account from the App's settings panel or request assistance and deletion by emailing Spirit Ü. The user understands that the deletion of their personal data will lead to the deletion of their account within the App, and consequently, they will not be able to continue using the App.
4.5 Cookies and Digital Footprint: The use of the App may collect digital behavioral data from users, known as cookies or digital footprints, which include but are not limited to geolocation, type of mobile device, and behavior inside and outside the App, among others. This data will be considered private and will be used exclusively by Spirit Ü for the analysis of the App's performance, demographic analytics, user behavior insights, marketing and advertising of Spirit Ü or the App, and implementation of functionality improvements. This data will not be sold to third parties under any circumstances. The user reserves the right to request the non-collection of digital data by modifying the privacy settings on their mobile devices.
Spirit Ü reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions. It is the User's responsibility to periodically review these Terms and Conditions to be aware of any changes. The continued use of the Service after the publication of any changes to these Terms and Conditions will constitute the User's acceptance of such changes.
If you have any questions or concerns about these Terms and Conditions, you can contact us via email at firstname.lastname@example.org or through the contact methods available on our website spiritu.app.
Updated: May 2023.