This Terms of Service Agreement ("Agreement") is a legally binding agreement by and between You ("User") and Javier Villar, an Argentine citizen (“App Provider”). This Agreement governs User's access and use of App Provider's mobile application (“Bewo”), and related software, portal, website, platform, plug-ins, components, functionalities, documentation and services (collectively, "Bewo" or "Service").
This Agreement was last updated on June 23, 2015.
By accessing and using Bewo, User acknowledges to have read and understood, to have the legal capacity to and hereby agrees to be legally bound by this Agreement and the above additional terms, agreements, policies, rules, and accounts. No Users under 13 years of age (except for emancipated minors) should have the access to Bewo or any parts thereof under this Agreement.
If User does not agree with any terms of this Agreement or any of the above additional terms, agreements, policies, rules, and accounts, User is not permitted to install, access, use, or share any Bewo software or services.
End User License
Under this Agreement, App Provider grants User a non-exclusive, non-sublicensable, revocable, and non-transferable end-user license to access and use Bewo. Except as expressly set forth herein, this Agreement does not confer, transfer, assign, or license any intellectual property rights including without limitation any patents, trademark, trade secret, copyright, know-how belonging to or owned by App Provider to User. For clarity, the limited end-user license herein granted is conditioned upon User's compliance with the terms of this Agreement. In the event that User breaches any provision of this Agreement, User's license herein shall immediately terminate without notice from App Provider.
To install, access, and use Bewo, User is not required to register with App Provider. However, Bewo may ask User to log into o grant permission to third-party services, such as, but not limited to, social networking services like Facebook or Twitter.
Consent to Communications.
By installing Bewo, User understands and acknowledges that App Provider may send User communications or data regarding Bewo or related applications, including but not limited to (i) notices about User's use of Bewo, including any notices concerning violations of use; (ii) updates; and (iii) promotional information and materials regarding Bewo and related services, via Bewo’s platform.
If User submits e-mail address through Bewo’s website, the communications stated above could be sent via electronic mail.
To the extent that Bewo provides Users an opportunity to create, store, share, and exchange information, materials, data, images, and files ("User Data"), User hereby represents and warrants that User has all necessary rights in and to all User Data User provides and all information contained therein.
By installing Bewo and accepting this Agreement, User hereby grants App Provider and its contractors, and acknowledges that App Provider and its contractors retain, an irrevocable, royalty-free, worldwide license to use, copy, and display User's User Data for the sole purpose of providing to User Bewo and related services. User continues to retain all ownership rights of any User Data User provides and shall remain solely responsible for User Data, and any material or information transmitted to other Users. App Provider claims no ownership rights in any User Data.
Content created, stored, shared, or exchanged by Users are generally not reviewed by App Provider.
User can notify App Provider at email@example.com regarding any content that User believes might have violated applicable laws or User's intellectual property rights. App Provider reserves the right, at its sole discretion, to determine whether to take action and to what extent action shall be taken in response to each such notification. Any action or inaction in a particular instance shall not dictate or limit App Provider's response to a future complaint. App Provider does not assume any liability for any action or inaction on its part with respect to any User Data.
App Provider reserves the right, at its sole discretion, to change, modify, or update the terms and conditions of this Agreement at any time. User can find the most recent version of this Agreement at http://www.bewoapp.com/terms with the date of last modification noted. Such modifications shall become effective immediately upon the posting thereof. User is encouraged to review this Agreement regularly for any updates. If User fails to agree to any updated or revised terms and conditions, User's sole recourse is to immediately stop all use of Bewo under this Agreement. User's continued use of Bewo following the posting of any modifications shall constitute User's acceptance of the revised terms and conditions. Over time, App Provider may change, modify, or update Bewo and related services, or delete features for any reason, with or without notice to User.
App Provider reserves the right to terminate User's access to and use of Bewo in the event User violates any of the below terms for acceptable User conduct.
User shall not use Bewo in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
User shall not copy, sell, transfer, lease, or distribute Bewo to a third-party.
User shall not modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software, systems, and sites used or provided in connection with Bewo.
User shall not use Bewo to access, procure, share, exchange information or materials in violation of any intellectual property rights of App Provider or any third parties.
User shall not use Bewo to send, either directly or indirectly, any unsolicited bulk communications or unsolicited commercial email or communications.
User is prohibited from launching or using any automated software or system, including without limitation, "robots," "spiders," "offline readers," etc. or " apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., in accessing Bewo.
User is prohibited from using Bewo to send or otherwise knowingly make available any materials that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage or disrupt the operation of another person's computer hardware or software.
User shall not breach or attempt to breach any security or authentication measures of Bewo or related services, or probe, scan, or test the vulnerability of Bewo, or any associated system or network.
All decisions concerning the applicability of these terms and the review of user conducts thereunder shall be at the discretion of App Provider. App Provider reserves the right to determine what action, if any, to take in response to each possible violation or complaint. Any action or inaction in a particular instance shall not dictate, limit, or waive App Provider's response to a future violation or complaint.
Intellectual Property Rights
Except for the licenses granted herein above, User has no right, title or interest in or to App Provider's products, services, or content. App Provider (or any licensors thereof) retains all proprietary right, title and interest, including without limitation any copyright, patents, and all other intellectual property rights, in and to App Provider's products, services, and content.
User is prohibited from reproducing, modifying, creating derivative works from, displaying, performing, publishing, distributing, disseminating, broadcasting or circulating to any third party any Content without the express prior written approval of App Provider.
App Provider's brands and logos, including without limitation the Bewo brand and logo, are property of App Provider, and accordingly may not be copied, imitated, or used in whole or in part by User without App Provider's prior written authorization or the authorization.
App Provider expressly prohibits the use of Bewo or related services for any illegal use or transmission of copyrighted materials, and may respond upon reasonable notification by content owners to disable unauthorized use and transmission of copyrighted materials.
Bewo may contain features and functionalities that provides User with certain functionality and access to third-party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. However, App Provider is not responsible for any third-party content User chooses to access using or with its Bewo Account.
App Provider has not reviewed, and cannot review or control, all of the materials, including computer software or other goods or services, made available on or through third-party websites. Accordingly, App Provider does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. App Provider disclaims, and User agrees to assume, all responsibility and liability for any damages or other harm, whether to User or to third parties, resulting from User's use of third-party content.
App Provider provides Bewo "as is," "with all faults" and "as available." The entire risk as to satisfactory quality, performance, accuracy, and effort is with User. To the maximum extent permitted by applicable law, App Provider makes no representations, warranties or conditions, express or implied, and further disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; (2) warranties or conditions arising through the course of dealing or usage of trade; and (3) warranties or conditions that access to or use of any related websites and services will be uninterrupted or error-free. To the extent relevant jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, some of the above exclusions may not apply to User.
Limitation of Liability
To the maximum extent permitted by law, in no event shall App Provider be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this Agreement or User's access to and use of Bewo, even if App Provider has been advised of the possibility of such damages.
Specifically and without limitation, further to the disclaimers and limitations of liabilities set forth herein above, App Provider shall not be responsible or liable for user submissions or the defamatory, offensive, or illegal conduct of any third party; errors, mistakes, or inaccuracies of any content; any unauthorized access to or use of Applicant Provider's secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from App Provider's servers; any viruses, bugs, or other disabling features that may be transmitted to or through Bewo by any third party; any incompatibility between Bewo and other web sites, services, software and hardware User may be using; and, any delays or failures User may experience in initiating, conducting or completing any transmissions or transactions in connection with Bewo and related services in an accurate or timely manner.
If User is dissatisfied with Bewo or related services, if User disagrees with any part of this Agreement, or if User has any dispute or claim against App Provider, User's sole and exclusive remedy is to discontinue using Bewo.
User agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between App Provider and User. Bewo and related services would not be provided without such limitations.
User agrees to indemnify, defend and hold harmless App Provider to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by User including any violations of any third-party right including without limitation any copyright, patent, trademark, trade secret, and privacy right. App Provider reserves the right to assume, at its sole discretion, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with App Provider in asserting any available defenses.
Notices to App Provider
User may notify App Provider by email at firstname.lastname@example.org.