Terms and conditions

GENERAL TERMS AND CONDITIONS OF USE AND HIRING FOR THE WEBSITE
https://dupin.app or https://www.dupin.app or https://www.dupin.us or https://dupin.us

The following General Terms and Conditions of Use and Hiring (hereinafter, the "Terms and Conditions") govern the access and use by the User (as defined below) of:

the Website, https://dupin.app or https://www.dupin.app or https://dupin.us or https://www.dupin.us (hereinafter, "the Website"),
the Dupin Web Application, https://app.dupin.app or https://www.app.dupin.app or https://chat.dupin.app or https://www.chat.dupin.app (hereinafter, "the App"),
and using all mobile applications that contain a link to this GENERAL TERMS AND CONDITIONS (the "Dupin Apps");

as well as the contracting of services through them. The Website and the App are owned by Dupin LLC, located at 9000 SHERIDAN STREET SUITE 138 PEMBROKE PINES, FL 33024, US (hereinafter, the "Company").

Anyone wishing to access and/or use the Website, the App, and/or hire the Services offered by the Company must adhere to these Terms and Conditions, along with all other policies and principles that govern the Website, the App, and/or the Services, which are incorporated herein by reference. ANYONE WHO DOES NOT ACCEPT THESE MANDATORY AND BINDING TERMS AND CONDITIONS MUST REFRAIN FROM USING THE WEBSITE, THE APP, AND/OR ANY OTHER SERVICE OF THE COMPANY. The User acknowledges having read, understood, and accepted all the conditions set forth in the Terms and Conditions and other documents incorporated by reference when registering as a User of the Website and/or the App.

A. Purpose of the Website, and/or the App.

The Website and/or the App offers Users an online Social CRM service, which allows users to unify in a single repository the different types of contact with their customers from their social networks such as Facebook, Instagram, Whatsapp, among others.

B. Capacity.

By accepting these Terms and Conditions, the User declares:
B.1. That they have read and understood what is stated in this document.
B.2. That they are an individual with sufficient legal capacity to contract according to the legislation of the country in which they reside, in order to give full validity, efficacy, and practical utility to each and every one of the stipulations of these Terms and Conditions.
B.3. That they assume all the obligations set forth here.
B.4. That when registering a legal entity as a User, they have sufficient capacity to contract on behalf of and represent the entity and to bind it to these Terms and Conditions of use as provided herein. Those who do not have the legal capacity to contract, are not in the aforementioned countries, minors, and/or those who have been suspended or disabled by the Company to use the Website and/or the App cannot use the Website and/or the App.

C. Modification.

C.1 The User must carefully and comprehensively read these Terms and Conditions each time they access the Website, and/or the App, as they may be subject to modifications. The Company reserves the right to modify, at its sole discretion, the Terms and Conditions at any time, which will be duly published on the Website, and/or the App.
C.2 Any modification will be communicated with 10 (ten) days notice before it takes effect to registered Users by sending an email to the email address provided in the Form. If the User disagrees with such modifications, they must communicate their intention to close their account within 10 (ten) days of the notification sent by the Company, via email to support@dupin.app or cancel their account from their profile on the Website and/or the App. In both cases, the contractual link will be terminated, and the User"s account will be deactivated. After this period, it will be considered that the User accepts the new Terms and Conditions, which will govern the contractual relationship from that moment on.
C.3 The Company reserves the right to make, at any time and without prior notice, any modification or update to its content and services in general, as well as any element that makes up the design and configuration of the Website, and/or the App. The User always retains the right to close their account, using the procedure detailed above, if they disagree with such modifications.

D. Registration

D.1 The services can only be accessed by those users who have created a user account (the "Account") by completing all the mandatory fields of the registration form (hereinafter the "Form"), with authentic, current data, and attaching all the required documentation to verify the provided information.
D.2 The user undertakes the obligation to review and keep their Personal Data updated. The Company is not responsible for the accuracy of the User"s Personal Data. If the User provides information that is false, incorrect, outdated, or incomplete, or the Company has a reasonable basis to suspect that such information is false, incorrect, outdated, or incomplete, the Company has the right to suspend or terminate the User"s ability to use the Website and/or the App, and to reject any new or future use of it by said User. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of their Personal Data and all information entered on the Website and/or the App.
D.3 The User will access their personal account by entering their email address and chosen personal security password ("Security Password"). Once registered, the User is committed to preserving the confidentiality of their password. Consequently, the User will be responsible for accessing the Website and/or the App, the operations carried out with their Account and/or Email Address and Password, and undertakes to indemnify and hold harmless the Company and/or third parties for any cost, expense, damage or loss (including legal fees) that the Company and/or third parties may have to pay or may suffer as a direct or indirect result of any access to the Services and/or operations performed with their Account and/or Email Address and Password.
D.4 The Company may, at its sole discretion, temporarily or permanently deactivate the Accounts of those Users who violate the Terms and Conditions, and/or the Privacy Policy, and/or for any other reason that the Company considers to be in violation of the law, morality, good customs, professional and/or commercial best practices, and/or are harmful to the Company or third parties, without this leading to any right to compensation or restitution. This action may also be taken in addition to other types of sanctions or decisions contemplated in these Terms and Conditions.

E. General rules for using the Website and/or the App.

E.1 The User agrees to use the Website and/or the App and all its content and services in accordance with the law, morality, public order, and these Terms and Conditions. Likewise, the User agrees to make appropriate use of the services and/or content of the Website and/or the App and not to use them for illicit activities or activities constituting a crime, which infringe upon the rights of third parties and/or violate regulations on intellectual and industrial property, or any other rules of the legal system that may be applicable, especially the principle of good faith that requires acting loyally, correctly, and honestly in preliminary dealings, as well as in the making and execution of any contract. Consequently, the User agrees not to disseminate, transmit, introduce, or make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that is contrary to the law, morality, public order, and these Terms and Conditions.
E.2 The User agrees to hold the Company harmless against any claim, fine, penalty, sanction, or compensation that it may be obliged to bear as a result of the User"s breach of any of the aforementioned usage rules. Moreover, the Company reserves the right to seek appropriate damages. Additionally, the Company reserves the right to cancel the Account of those Users who misuse the Website and/or the App or do not respect these Terms and Conditions.
E.3 Users are prohibited from violating or attempting to violate the security of the Website and/or the App, including but not limited to:
E.3.1 Accessing data not intended for such User or logging into an account for which access is not authorized.
E.3.2 Evaluating or testing the vulnerability of the Website and/or the App or network, or violating security or identification measures without proper authorization. Security breaches of the Website and/or the App or network constitute criminal offenses and can result in civil liabilities. The Company will investigate cases of security breaches of the Website and/or the App and may refer to the appropriate judicial or administrative authority to prosecute Users involved in such breaches.
E.3.3 Attempting to deny service to any user, including, but not limited to, by sending viruses to the Website and/or the App, or through flooding or denial-of-service attacks.
E.3.4 Copying, modifying, reusing, creating derivative works from, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling the Website and/or the App (or any part thereof), any Content offered by the Company for use and display, or any part of them in any way, publicly display, perform, transmit, or distribute any of the foregoing without the Company"s specific prior written consent or as expressly permitted under the terms and conditions.

F. Services.

F.1 The functions and services available to the user will depend on the subscription contracted. Among the services offered, the Company provides the User with a Web Application that simplifies communications between the User and their customers. This includes communications via phone and social networks.
F.2 The Website and/or App may contain links or allow the User to connect and use certain external products, services, or software from third parties in conjunction with the Website and/or App (hereinafter, the "Third-Party Services" and each of them a "Third-Party Service"), including certain social networks and other integration partners. To utilize these features, the User will need to register or log in to such Third-Party Service on their respective website or application. By allowing the Applications to access such Third-Party Service, the User authorizes the Company to transfer the login information to the Third-Party Service and grants the Third-Party Service permission to access their data or otherwise process it. The User acknowledges that the use of such Third-Party Service is governed solely by the terms and conditions, acceptable use policy, privacy policy, or a similar policy or terms of such Third-Party Service (collectively, the "Third-Party Service Terms"), and that the Company does not endorse, is not responsible for, and makes no representations regarding the Third-Party Service, its content, or the manner in which such Third-Party Service uses, stores, or processes your data. The Company is not liable for any damage, harm, or loss resulting from enabling such Third-Party Service and your reliance on the policies, data security practices, and privacy practices of such Third-Party Service or related to these. The Company is not responsible for any changes to or deletion of User data by the Third-Party Service. Certain features of the Services may depend on the availability of these Third-Party Services. The Company does not control the features or functionality of the Third-Party Service, and they can change without prior notice. If any Third-Party Service stops providing access to some or all of the currently or historically available features or functionalities, or stops providing access on reasonable terms as determined by the Company, access to certain features and functionalities may be limited at the sole discretion of the Company. The User irrevocably waives any claim against the Company with respect to such Third-Party Services.

G. Compensation for the services.

G.1 The use of the Services is subject to the payment of a fee (hereinafter "the Subscription").
G.2 The User can choose between different rates when hiring the services.
G.3 The subscription will continue until the User cancels it. To hire the services, the User must have internet access and provide one or more Payment Methods.
G.4 "Payment Method" means a current, valid, and accepted method of payment, which can be updated periodically and which supports payments through third parties. Unless the subscription is canceled before the billing date, the User authorizes the Company to charge the subscription for the next billing cycle to their Payment Method.
G.5 Billing cycle. Subscription charges for the services and any other charges the User incurs in connection with their use of the services, such as taxes and possible transaction expenses, will be charged to the Payment Method on the payment date corresponding to the service contracting date.
G.6 Payment Methods. The User authorizes the Company to charge any payment method associated with their account in case of rejection or unavailability of their primary payment method. Any pending charge will be the User"s responsibility. If payment cannot be made satisfactorily, due to the expiration date, lack of funds, or if the User does not update their payment method information or cancels their account, the Company may suspend their access to the service until the User provides a valid payment method. For some payment methods, the issuer may charge the User certain fees, such as foreign transaction fees or other charges related to the processing of the payment method.
G.7. Changes in price and Subscription Plans. The Company may change subscription plans and the price of the services when it sees fit. However, any changes in prices or subscription plans will apply no sooner than 30 days after notifying the User, who may exercise their right to cancel the Account.
G.8 The User undertakes to check for any additional charges that third parties may charge in connection with contracting the service or in relation to its renewal (such as international transaction fees, currency exchange rates, or charges from banks or credit card companies). The Company is not responsible for such charges or additional costs.
G.9 The Company will issue an invoice or a credit note for any Subscription payments ("Invoice"). Each Invoice will be issued electronically and will be sent to the User by email. In order to issue the Invoice, the User may be required to provide Personal Data.
G.10 Failure to pay the subscription within twenty (20) days after its due date entitles the Company to suspend access to the services until the outstanding subscription is paid, without generating any compensation rights in favor of the User.

H. Subscription Cancellation.

H.1 The User can cancel the subscription at any time, and will continue to have access to the service until the end of their billing period. To the extent allowed by applicable law, payments are non-refundable, and no refunds or credits will be provided for partially used subscription periods or for unused Website and/or App content. When canceling the account, it will automatically close at the end of the current billing period.
H.2 The Company may restrict the functionality of the Services or temporarily suspend the User"s account if it has sufficient reasons to believe that they have breached these terms. Unless the need to restrict or suspend access is urgent and requires immediate action without prior notice, the Company will make every commercial effort to notify the User by email before such suspension. The Company may cancel a User"s account and use of the Services for any of the following reasons: (i) when the User violates these Terms, (ii) if they do not pay the subscription in accordance with the payment terms, (iii) if the Company reasonably determines that the User is acting in a way that could cause serious harm to the Company"s reputation. H.3 Upon account cancellation for any reason, there may be a loss of certain content, features, or capabilities of the User Account, including any User Content, or other usage data retained by the User. The Company will not be liable in any way for such a loss. It is the User"s responsibility to back up their data and materials.

I. Company"s Disclaimer of Liability.

I.1 Use of the Website and/or the App is always at the User"s sole responsibility and risk. The Company does not guarantee the availability and continuity of the operation of the Website and/or the App, nor the inviolability of data stored or transmitted over public telecommunications networks or other means, nor the absence of operational failures, viruses, or other applications on the Website and/or the App that may cause harm to the User. The User releases the Company from all liability arising from acts of chance or force majeure.
I.2 The User expressly acknowledges and agrees that the Company WILL IN NO WAY BE LIABLE FOR THE SUSPENSION AND/OR INTERRUPTION OF THE SERVICE AND/OR FAILURES IN THE PROVISION OF THE SERVICE, DUE TO CHANCE, FORCE MAJEURE, OR ACTS OF A THIRD PARTY, NOR ARE THEY THEREFORE LIABLE IN ANY WAY FOR DAMAGES THAT MAY ARISE FROM IT.
I.3 The Website and/or the App is offered "as is," without warranty or condition. Specifically, the Website and/or the App is not claimed to be uninterrupted or error-free.
I.4 The User acknowledges and agrees that it is solely their responsibility to manage the password, email, and/or any electronic means that allows them to identify and access the Website and/or the App and/or communicate with the Company. The Company will trust the truthfulness of what is reported, stated, and/or communicated through any electronic means chosen, informed, and/or used by the User, as well as all actions on the Website and/or the App.
I.5 The User also acknowledges and agrees that the Company cannot ensure there won"t be third-party intrusions on the Website and/or the App or illegal acts carried out by them. Consequently, the User releases the Company from all liability in the event that third parties, either as intruders who breach security systems or as individuals who somehow had access to the User"s password and/or electronic identification means, access information and/or take any action that harms the User in any way, with the User waiving the right to make any claims for damages and/or losses for any reason against the Company should any of these circumstances occur.
I.6 These terms do not limit non-waivable warranties or consumer protection rights to which the User may be entitled under the mandatory laws of their country of residence.
I.7 The COMPANY neither promises nor guarantees that the User will achieve any performance, profit, or result from using the Website and/or the App.

J. Indemnity.

J.1 The User will hold the Company harmless, as well as those who lead, succeed, manage, represent, and/or work for it, against any administrative or judicial claim initiated by other Users, third parties, or by any Body, related to the use and/or hiring of the Website and/or the App.
J.2 This indemnity obligation extends to any claim, damage, and/or loss that could arise from the relationships between Users of the Website and/or the App.

K. Privacy of Information.

To use the Website and/or the App, the User must provide certain personal data. This personal information is processed and stored on servers or magnetic media that maintain high standards of both physical and technological security and protection. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can refer to the Privacy Policies.

L. License.

Subject to the terms of these Terms and Conditions, the Company grants the User a nonexclusive, non-transferable, non-commercial, and limited right to use the App. All rights to use the App are granted under license only, and no ownership rights, title, or interest in the App are conferred upon you. Any use or access to the App is subject to the terms of these Terms and Conditions and applicable intellectual property laws. The Company may make certain updates to the App, improvements, or services. Some updates, improvements, or services may change your settings, result in data or content loss, or cause the loss of functions or features.

M. Intellectual Property.

The User agrees not to use, in any form, the trademarks, trademark applications, patents, utility models, industrial models and designs, badges, logos, isotypes, trade names, business names, emblems, copyrights, domain names, "know-how" and all other intellectual and industrial property rights (of any kind and nature globally regardless of their designation) of the Company without prior written authorization. The user acknowledges the Company"s right, title, and interest in both registered and unregistered trademarks, badges, logos, designs, words, or unregistered names that identify and distinguish the Company and agrees not to engage in activities or commit any act that, directly or indirectly, might challenge or jeopardize said right, title, or interest of the Company.

N. Interpretation.

In the event that any of the clauses of these Terms and Conditions are declared null and void, such nullity will not affect the validity of the remainder, which will maintain their full force and effect. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between the User and the Company. The Company"s tolerance of the User"s non-compliance with any provision of these Terms and Conditions shall not be construed as a waiver of its rights to enforce compliance. The Terms and Conditions and the use of the Company"s Services are not to be construed, and shall not be construed, as creating any partnership, joint venture, employer-employee relationship, agency, or franchisor-franchisee relationship between the User and the Company.

O. Frequently Asked Questions.

The answers to frequently asked questions related to the use of the Website and/or the App constitute a generic description for general information purposes only. The answers to the frequently asked questions in no way imply advice of any kind from the Company. These Terms and Conditions shall always prevail over the content of the information related to Frequently Asked Questions. P. Jurisdiction and Applicable Law These Terms and Conditions will be governed in all respects by the laws in force in the State of Florida, USA. Any controversy arising from this agreement, its existence, validity, interpretation, scope, or fulfillment, will be submitted to the Courts of the State of Florida, waiving any other jurisdiction that might apply.

Q. Address.

The address is set at 9000 SHERIDAN STREET SUITE 138 PEMBROKE PINES, FL 33024, US.

These Terms of Use were updated on 09/15/2023.