Terms of Usage

WHO WE ARE

We are Kubatana/Martha Cecilia Gaxiola Sanchez [“us, “we”, “the Company”, “Kubatana”], registered within the Czech Republic with a registered address at Ocelarska 975/45.

Our social media platform, Kubatana, aims to connect people; based on distance and common interests. The pillars of our platform are friendship, networking, mentoring, and community.

Our mission is to help you connect with people, friends, groups, and organisations. We utilise the data provided to help make suggestions, via cookies; to befriend, join, message, or otherwise interact. Therefore, building a robust interconnected community.

If you have any queries, comments, or complaints, please get in touch.

Queries: contact@kubatana-app.com

Martha Cecilia Gaxiola Sanchez of Ocelarska 975/45 is the data controller for the statutory purposes set out by the Czech Republic’s Act No. 110/2019 Coll. on Personal Data Processing (‘the Act’), which implements the General Data Protection Regulation (Regulation (EU) 2016/679) [‘the GDPR’].

You may request what information we hold about you pursuant to the Act and or the GDPR.

TERMS OF USE

To access and use this social media platform, as well as access our products and services, you agree to the following terms and conditions. Please take time to review our Terms of Use and Privacy Policy. Note, these are open to amendment; we reserve the right to alter and or delete as appropriate and without notice.

1. 1. Access to this platform is conditional that:
      1. You accept all terms herein unequivocally,
      2. You are over 18-years of age,
      3. You acknowledge and accept our platform may contain links to other websites, and we have no control regarding the contents and or access to these sites,
      4. You accept access may be withdrawn at any time without reason,
      5. You accept that we are not responsible for the security of data provided or transmitted to our website,
      6. You accept that we are not responsible for any content published by any other user (unless notified thereof),
      7. You accept access to our website may be restricted and or be unavailable, and
      8. You acknowledge that by using this free service, you accept that we can show you adverts from our affiliates.
      9. You acknowledge we may need to update these Terms from time to time to accurately reflect our services and obligations. We will only make any changes if the provisions are no longer appropriate and only if the changes are reasonable and take due account of your interests. We will notify you at least 30 days before we make changes to our Terms.
      10. You accept these Terms do not confer any third-party beneficiary rights.
   2. You agree that you will not:
      1. Commit a criminal offence through using this website and or services,
      2. Not engage in any behaviour that is objectively racist, insulting, or otherwise offensive for any reason whatsoever,
      3. Hack or attempt to hack into our server and or service(s),
      4. Send us any unsolicited material, except genuine queries,
      5. Share your password with anyone else and or transfer your account to anyone; however, you may designate a person in a Will or Power of Attorney to control an account as a ‘Legacy Account’ in the event of death or incapacity,
      6. Transmit a virus or any other malicious material(s), and
      7. Attempt to affect the performance or functionality of our platform.

For more details go to: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

1. 1. We offer services and products through App (otherwise known as “In-App”) purchasing. You hereby acknowledge and accept that by making any such In-App purchase(s) that any ancillary terms to that purchase bind you to the terms and conditions already set out herein.You acknowledge and agree that when you make any In-App purchase, it may be processed by third-party host platforms, for example, Google Play Store or the Apple App Store. In the alternative, you may use an authorised debit/credit card or Paypal account; wherein, these payment methods are processed by a third-party vendor. You agree to hold us harmless for any loss incurred through any third-party processed transactions and or information sharing.

      By making an In-App purchase you give us full permission to process the transaction through your chosen payment method. If for whatever reason your payment fails and or is reversed, you agree to remit any monies due to us in full.

      Subscribers agree and acknowledge that purchases of any special limited-use features (“In-App Item(s)”) made through our service(s) are non-refundable and final. Any In-App Items expire or are unusable when the user’s account is closed/ disabled/ or otherwise made inactive, and no compensation may be claimed as against any In-App Item(s).

For more details go to: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

1. 1. Duration & Renewal: We offer a monthly/yearly subscription. In addition, we reserve the right to offer and or retract trial periods of our service(s). Any trial periods, free or otherwise, are governed by the same terms and conditions herein.
      Any subscription, paid or otherwise, will be limited to one email address.

      Subscriptions are automatically tacitly renewed for the same duration as the user’s initial subscription; unless terminated in accord with these Terms or if their payment method fails. All trial subscriptions automatically convert into a monthly subscription at the fee indicated to the user at the time of activating the trial period unless terminated in accord with these Terms or if their payment method fails.

      We will notify you of any subscription increases in advance of your renewal date. If you do not cancel the subscription in line with these Terms, you are deemed to have accepted any said fee increase.

   2. Termination: Subscribers have the right to cancel any subscription by giving 24-hours notice before the subscription falls due for the upcoming subscription period. Otherwise, all subscriptions perpetually automatically renew. No subscription due for renewal can be cancelled within the 24-hour period immediately beforehand.Where a subscription is purchased via a third-party platform, such as the Apple App Store, the subscriber must select their “Account” and follow the instructions to terminate the subscription. Please note, that conditions vary between third—party platforms and we accept no responsibility for your inability to navigate said platforms. Any period remaining of your subscription may be used up until your subscription expires.

      We reserve the right to suspend access to any subscriber (including Premium account holders) and or terminate any subscription without refund where a subscriber infringes our intellectual property rights; attempts to bypass our security measures; provide false or misleading information regarding their subscription; repeatedly violates these Terms and conditions, or there is a default of payment by the subscriber. This condition shall exist regardless of the length of membership.

   3. Refund: Subscribers agree that a contract between them and us starts at the time of validating their usage of the service(s). They acknowledge and agree that they lose all right to withdraw for the current period of subscription at that date. Users accept that no request for cancellation, refund, or revocation will be entertained once a subscription period starts.

1. 1. You acknowledge and accept that all intellectual property rights (‘IPR’) vested in the content of our platform, including but not limited to our logos, brand names, software, text, images, and overall look belong to us and or our affiliate partners. Nothing herein extends any form of IPR, licence, or permission to copy, publish, manipulate, reproduce, distribute, or otherwise use in any format, our own content without our express written permission.Users retain their own IPR; however, users give us a transferable, non-exclusive, non-royalty global licence to modify, use, host, distribute, copy, run, display, translate, or create a derivative work of their content. Deleting content terminates this licence agreement; however, deletion will not automatically delete the content from the platform where it is necessary to comply with legal requirements and or it is impractical. Material is deleted within 3 months once not contrary to any legal obligation to retain information and or provide information to law enforcement agencies.

1. 1. You hereby waive any claim arising out of your use of our App/website and or any associated service(s). You agree to hold us harmless for any damage or loss caused by any viruses or other technologically harmful material that may infiltrate your computer programs, data, computer equipment, or other proprietary material due to your use of this platform or by your downloading of any material herein or on any externally linked website.
   2. Any material on our platform and or posted by users exists without any guarantee or warranty that it is accurate. We shall not be liable for any reliance, implied conditions, warranties, or terms and or be liable for any damages for direct, indirect, consequential, special, or incidental damages or loss arising out of or related to the use of this platform, or the inability to use this site, irrespective of foreseeability.
   3. Nothing in these Terms of Use seeks to affect your statutory rights or to exclude or limit our liability for personal injury, death, or any fraudulent misrepresentation due to negligence on our part.
   4. We aim to keep our platform error-free, safe, and secure; however, we cannot guarantee this where an incidence falls outside the realm of our reasonable foreseeability.
   5. We disclaim liability for information users share with others; including but not limited to the accuracy of their identity, age, location, gender, religious beliefs, and political affiliations. In addition, please refer to section 12 for our Disclaimer.
   6. We urge users to exercise caution when contacting, sharing information, and or meeting with other users, especially those whom they have never met. Any meeting(s) should always be in a safe public place and users should exercise care for their safety at all material times. We cannot be held liable for any detriment suffered.

1. Without prejudice to the foregoing, by accessing and subscribing to our service(s) you hereby accept that we disclaim any liability for a loss of functionality of any of our services including but not limited to the speed of opening pages and or downloads, or the inability to access the App or desktop site at any time due to circumstances beyond our reasonable control. Users accept it is their responsibility to ensure their devices are compatible with our App and or service(s) before subscribing.By accessing and subscribing to our service(s) you hereby accept that we disclaim the fraudulent use by third parties of the information across any of our webpages/ services.

   By accessing and subscribing to our service(s) you hereby accept that we disclaim any liability for the content posted by any third party (whether a subscriber or not), any messages exchanged, or any behaviour by any other user of our service(s). This shall include, but not be limited to abuse, harassment, any fraudulent act(s), discrimination, insulting words, or any action that may offend or mislead. If any potential user/subscriber does not agree to this term, they should not use our service(s) and uninstall our App immediately.

Suspension/ Termination

Without prejudice to the foregoing in Section 4, if you seriously or repeatedly breach our Terms of Use or IPR, we reserve the right to suspend or permanently disable access to your account. In addition, where we are required to do so to comply with legalities.

We will explain your right to review our decision unless it goes contrary to our policies, we are restricted due to technical limitations, or where we are prohibited due to legal reasons.

• No failure or delay by us in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege.
• If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. Any amendment to or waiver of these Terms must be made in writing and signed by us.

• These Terms of Use, and the relationship between us and our users, shall be governed by the laws of the Czech Republic and each party agrees that all disputes arising out of or in connection with shall be exclusively governed by and determined in accordance with the laws of the Czech Republic.

Permissions

We urge users to share, express, opine, and converse. This is not an absolute right. You agree not to:

• Breach our Terms of Use
• Post or do anything that is obscene, unlawful, fraudulent, misleading, or discriminatory
• Do anything that infringes or breaches third party rights
• Upload any malicious code and or virus
• Access or collect data from our services using automated means

We may remove content that is shared if it violates our Terms of Use. We will contact you and explain why, allowing you time to rectify the situation. However, repeated breaches may lead to the removal of your account.
We encourage users to report content or conduct that they believe breaches our terms and policies.

We need certain permissions from you to provide our services:
Permission to use the content you share.
Note, that some content that you share, or upload, may be protected by intellectual property laws.
You provide us with a licence to use this content for the purposes of providing and improving our services. In addition, you grant us a transferable, non-exclusive, sub-licensable, royalty-free, license to host, modify, use, distribute, run, copy, translate, and create derivative works from your content. You can delete content by deleting your account, subject to terms.
You provide us with permission to use your name, profile picture, and related information about your actions in connection with ads, offers, and other sponsored content.
You provide us with permission to update the software you use or download.