Term and Conditions Beu ®

Term and Conditions Beu ®

Entry into force: November 08, 2021

Version: 2.0

These terms and conditions govern the access and use of the Platform (as defined below) for the acquisition of our Services (the “T&C”).

The T&C must be read and accepted by Users before accessing or using the Platform. Acceptance of T&C a sworn declaration that you are a legally capable and can acquire the obligations contained in these T&C, by virtue of which a binding contract is generated between you and Beu.

If you accept these T&C and use the Services on behalf of a company, organization, government or any other legal entity, you warrant to be authorized to do so and have the power to bind it to comply with these T&C, in which case the use of the words you "," your "and" your "in these T&C will refer to that legal entity.

These T&C contain the complete provisions that govern the relationship between the Users and Beu regarding the object, use and functionality of the Platform, the Services and any matter related to them. If any provision of these T&C is declared invalid by any judge, the invalidity of said provision will not affect the validity of the remaining provisions of these T&C, which will remain in full force and effect.

Definitions

The terms used in these T&C with an initial capital letter will have the meaning established below, regardless of whether they are used in the singular or plural, unless something different is expressly indicated within these T&C:

Beu or We: refers to Beu, Inc., owner and administrator of the Beu Services.

Source Code: means the text written under a set of programming elements that can be read by a programmer for the execution of the Platform and the Contents, which is exclusively of Beu.

Content: means all the information, Services and Tools that Beu or Generating Users make available to Users on the Platform, in accordance with the provisions of these T&C, including, but not limited to: videos, photographs, audiovisual material, texts, logos, icons, software, trademarks, trade names, images, live broadcasts, products, services, messages or any other type of material or document on the Platform.

User account or “Account”: It refers to the personal, non-transferable space that has the Beu functionalities, the Contents, the Services and the Beu Tools that the User can use, where the personal information of the Users is registered. Each User will have a password and username.

Personal Data: means any information linked or that may be associated with the User.

Sensitive Data: those that affect the privacy of the User, or whose improper use may generate discrimination (racial or ethnic origin, data related to health, sexual life, biometric data, among others).

Damage: any damage, loss, cost or judicial expenses (including, but not limited to, the reasonable fees of legal advisors) or impairment, from an existing situation, regardless of whether or not it has been consolidated or materialized.

Tools: these are the interaction tools that Beu may make available to Users through the Platform, including, but not limited to, chats, qualifications, surveys, spaces for questions, complaints and claims, and any other Tool that, in a discretionary way and from time to time, defines Beu.

Profile or Role: Functionality through which Content is shared, categorized by Beu, with special characteristics and previously defined for the publication of Content.

Platform: means the web page, app or any other technological means through which Beu provides its Services and uploads its Content.

Privacy Policy: Provisions related to the handling of the information of users and End Users, which, when using and / or accessing the Beu Services, we store, use and disclose.

Intellectual Property: means industrial property and protected copyrights works and related rights, which include (without limitation): inventions, web developments, applications, patents, the Contents, utility models, industrial designs, integrated circuit layout designs, developments , improvements or innovations, drawings, illustrations, notes, documents, work processes, procedures, reports, programs, their Source Code and object code, improvements to these, program flow charts, databases, interfaces, user manuals, algorithms, programming tools, interfaces, coding techniques, technical know-how, technical documents, works of art applied to industry, methods, procedures, plans and strategies, trademarks, distinctive signs, and other creations protected or not by rights intellectual property, including business secrets.

Claim: means any complaint, judicial or extrajudicial action, judicial or arbitration demand formulated by a User or a third party, regardless of the form it takes and the person before whom it is presented.

T&C: These Terms and Conditions.

Third parties: Any person, company, legal entity, outside the Control of Beu Inc.

User: means the person registered to access the Platform, includes Generator Users and End Users.

End User: Followers or consumers of Content shared through Profiles associated with User Accounts.

Acceptance

This T&C are mandatory; therefore, the use of our Services implies that you:

  • You agree and acquire the obligations when using our Services. If you do not agree, in whole or in part, with the T&C, you should not use the Services.
  • You are obliged to comply with the T&C, as well as our privacy policy, without reservation. The use of our Services implies that you know and accept the T&C and the Privacy Policy.
  • If you represent a company, organization, government or other legal entity, you affirm and guarantee that you are authorized and have the power to force it to comply with these T&C. In which case the use of the words “you”, ”your” and “their” in these T&C will refer to said legal entity.
  • You warrant that you are, at least 18 years old, legally capable of entering into contractual obligations. If you are under 18 years of age, you must have the permission or authorization of your parents or legal guardians to use the Beu Services.
  • If, in the legislation of the place of your location, the age of majority and the legal capacity to acquire obligations is over 18 years old, when using our Services, you guarantee that you are at least that age.

Platform

Through the Platform, Beu allows access to the Contents by Users, and allows Generating Users to include Contents within it. The Contents consist mainly of photographs, works of art, poems, books and any other expression of art.

All the Contents are made by Beu or the Generating Users and, as far as Beu is aware, correspond to their own Contents that do not violate copyright and intellectual property.

Beu does not guarantee that the Content can be viewed or downloaded legally in jurisdictions other than Latin America. Users may access the Platform from anywhere, but this will be a discretionary decision of the User, who will assume the implications of access at his / her sole risk and responsibility, without Beu guaranteeing compliance with local laws applicable to the jurisdiction where the User is located.

Use of the platform

The Platform will allow the User to access the Content provided therein, subject to the acceptance of the T&C. The use of the Platform will be made through the Account, which is personal and non-transferable, for which the Platform may be used solely and exclusively for the User's own benefit.

The User agrees to refrain from using the Contents to carry out any of the activities described below, and fully assumes responsibility for the breach of this obligation and will hold Beu harmless for any Claims that may arise:

  • For the development of illegal, fraudulent or abusive activities.
  • To the detriment of the Beu or third parties.
  • For a commercial purpose or that implies some economic retribution for itself or for third parties, except in the case of Generating Users.
  • To alter, edit, delete, withdraw, or otherwise change the meaning or appearance of, or change the purpose of, any of the Content or Intellectual Property available through the Platform.
  • To the detriment of minors, their honor, their physical and mental integrity, their rights, or that means a transgression of Law 679 of 2001, or as it is modified from time to time.
  • To convert it into material considered defamatory, obscene, threatening, abusive, discriminatory or offensive.
  • For different purposes for which they were created.
  • To prevent the correct use of the Platform by another User.
  • In contravention or express breach of current international laws and especially in contravention or express breach of the laws of the country from which the User is connected.

Any distribution, reproduction, adaptation, publication or exploitation of the Platform, or of any of the Contents, of the Source Code, of the Intellectual Property, is strictly prohibited, unless the Intellectual Property rights have been acquired by the User.

Instructions for use the platform

  1. To use the platform it’s necessary to register accepting the terms and conditions and the privacy policy.
  2. To register the users can use different authentication methods:
    • Google account.
    • Facebook account.
    • Instagram account.
    • Email with OTP (one time password), sent to email.
    • Cellular number with (one time password), sent by SMS.
  3. When performing the registration authentication, the basic data of the first profile of the account is required:
    • Username: corresponding to the unique identifier within the platform.
    • Full name: corresponding to the display name.
    • Photo: corresponding to the profile graphic representation, it can be a photograph, a logo or any type of image allowed in accordance with the terms and conditions.
  4. Once the registration of the profile basic data is completed, the user will reach the platform's administration panel, which is divided into three main spaces:
    • Main menu: where you will find the links to all the options and sections within the platform.
    • Secondary menu bar and selection: where are displayed the options and elements available to use for each section in the menu.
    • Action and interaction space: where the microsite preview is located, with all the elements that are added, and the configuration characteristics of each element will appear when selected.
  5. As soon as the profile is created, a unique URL is generated to access it, it will always be in the following format: beu.is/username.

Obligations of the User

The User declares, accepts and acknowledges that with the opening of the Account and the use of the Platform, he acquires the obligations provided for in these T&C and those that derive from them and the applicable law and will hold Beu harmless for any Claims that arise with or for occasions of the aforementioned breaches. Without limiting the generality of the foregoing, the User assumes, among others, the following obligations:

  • Do not access Beu or do not use the Beu Services if you do not have the minimum age to be legally capable and acquire obligations, especially those contained in these T&C.
  • Use the Platform and the Content exclusively for the uses expressly indicated in these T&C.
  • Deliver truthful, complete, updated, verifiable, understandable and accurate information, and update it when necessary.
  • Create a personal access account, which will be used only by the User who owns it and which will be the only way to access the Contents.
  • Do not allow access to the Platform or the use of the Services by third parties, for which it is obliged not to share, transfer or inform your password or Account information to third parties.
  • Not affect the good name or reputation of Beu, its employees, shareholders, administrators or dependents.
  • Not to assign the rights and obligations derived from these T&C, unless it obtains the prior and written authorization of Beu.
  • Do not register in your User profile minors over whom you do not have the power to legally represent them.
  • Not to violate the security of the Platform, the Intellectual Property, the Source Code, or the Contents, try to interfere with them by sending a virus or through saturation emails, or in any other way, or to carry out activities to access information from other Users or from Beu. The foregoing may constitute civil and criminal liability for those who participate in this type of activity. Beu will investigate the cases in which such violations may have occurred, and will report directly to the competent authority, those Users or people involved in said violation.
  • Not to decipher, unlink or obtain the Source Code of any software program or Intellectual Property that comprises a part of the Platform, the Services or the Contents.
  • Not to disclose to third parties any information that may be obtained through the use of the Platform, the Services, the Source Code or any of Beu's Intellectual Property.
  • Not to interrupt, damage, disable, overload, deactivate or deteriorate the Platform, the Services or the Contents or prevent their normal operation and use by other Users;
  • Refrain from downloading, reporting, exhibiting, publishing, copying, reproducing, distributing, transmitting, modifying, executing, disseminating, transferring, creating derivative works of, selling or in any other way commercially exploiting any of the Contents or to use them for purposes other than those expressly permitted in these T&C;
  • Refrain from violating the Platform's security measures, hacking, interfering, modifying, decrypting, decompiling, among others, the Platform's Source Code.
  • Not to threaten, intimidate, harass, violate or promote any of these actions against other people, for reasons of race, sex, gender, religion, nationality, disability, sexual orientation, age, political affiliation, or any personal circumstances or that have to do with the identity of the people.
  • Create Accounts in the name of another person, or try to use or use another person's Accounts to share their own Content.
  • Comply with the other obligations derived from the applicable law and the acceptance of these T&C.

Permied use for generator users

By accepting these T&C expressly or tacitly, the Generator User accepts and understands that all the Content that he publishes, shares, sends or in general, any information that is related to the Content, is safe for other Users and complies with the T&C and the other applicable regulations.

Beu is fully committed to ensuring that the Content that is published and shared is secure and does not lend itself to resulting in inappropriate behavior.

In the event of reasonable allegations or complaints from third parties, including public authorities or institutions of any State, Beu reserves the right to cooperate with those authorities to ensure compliance with the Law.

In consideration of the foregoing, the Generator User agrees, in addition to the commitments acquired as a User, to:

  • Not to use the Beu brand as their own, as well as not to market plans, offers, promotions or any piece of information that is property of Beu, without the prior written consent of Beu.
  • Not to use the Account or, in general, the Beu Services, to market or disseminate promotional or commercial content of third parties.
  • Do not include, share or publish sexual content in the profiles not authorized for that purpose, and without the specific regulations, terms and conditions for that category of Content.
  • Do not promote products or services that are related to or derived from junk mail, spam, companies or multi-level marketing, pyramid schemes or Ponzi schemes.
  • Do not share or publish personal information of other users or third parties, such as addresses, email, identification numbers, cell phone numbers or landlines, passport numbers, insurance numbers, information of any kind of financial product, among others.
  • Do not share or publish Content or links related to criminal conduct or crimes, or that promote, instruct or encourage them to do so.
  • Do not share or post Content or links that promote or instruct suicide.
  • Do not share or publish content that is violent or that incites violence or that threatens violence against third parties or, in general, against any person.
  • Not to share or publish Content that, in the judgment of Beu, could compromise the responsibility of Beu or other users for the breach of these T&C and any applicable regulation.

Privacy and data use

Our Privacy Policy can be found in [soporte@beu.app], in it you will find the way in which we handle the information you provide us when registering and making use of our Services, as well as the use we give to the data. Acceptance of these T&C implies acceptance of Beu's Privacy Policy.

All the data and information that Beu or the Beu Services generate from your use of the Services will be the exclusive property of Beu, and you waive any claim on such data and information.

Regarding their Personal Data, the User has the right to: (i) know, update and rectify their Personal Data; (ii) request proof of authorization; (iii) be informed of the use that has been given to your Personal Data; (vi) be informed of the treatment that will be given to the Personal Data, the rights of which it is the owner and the identity of the person responsible for the treatment (v) free access to your Personal Data; (vi) revoke the authorization or request the deletion of the data when its rights and guarantees are violated; (vii) present before the Superintendency of Industry and Commerce complaints for infractions; (viii) enter or not data that includes Sensitive Data or of children and adolescents; and (ix) the others determined by applicable law.

The use and treatment of the User's Personal Data will be subject to their authorization, without prejudice to the exceptions that the law determines, including the following cases:

  • Information required by a public or administrative entity in the exercise of its legal functions or by court order;
  • Data of a public nature;
  • Cases of medical or health emergency;
  • Treatment of information authorized by law for historical, statistical or scientific purposes;
  • Data related to the Civil Registry of Persons.

Our privacy policy contains and explains the way and the ways in which we collect, use and disclose personal information about you, without prejudice to the terms set forth herein and that apply to this matter.

Accounts and authentication

To make use of the Beu Services, you must create a User Account, in which all the roles or Profiles will be loaded according to the content you want to share through our channels.

You will be solely responsible for the security of the Account, so you must use a password that only you know and limit its use or communication to third parties. Beu will not be responsible for losses or damages derived from the breach of this security obligation.

In certain Profiles, a reinforced user authentication will be required, through codes sent to email, SMS, and also through verification codes sent and required on the Beu platform. In some cases, Beu will request to send selfies taken immediately, or other reinforced personal authentication mechanisms.

On certain Profiles, periodic strong authentications will be performed.

You must create a user name that does not infringe these T&C or the applicable rules of copyright (copyright), as well as the rules of industrial property and registered trademarks (trademark).

Likewise, you may not use a user name of other people, or of people with public notoriety, politically exposed, or in general, user names that may generate confusion regarding the person or legal entity that uses it.

The User acknowledges and accepts that access to the Platform and the Contents may be limited or restricted when Beu must carry out repairs, adjustments, updates, for security reasons or for any other reason that Beu deems appropriate or necessary. If there is damage to the Claims, the Access to the Contents will be denied when there is any breach by the User of the obligations derived from these T&C, when it is not possible to check the information provided by the User. However, Beu may restrict, suspend or cancel access to the User immediately in the event that at its discretion there occurs a violation by the User of these T&C, the law, or the occurrence of the conduct of fraudulent acts using the Platform or the Contents, without Beu assuming any responsibility towards the User.

Beu reserves the right not to grant Accounts to Users whose information is not truthful, complete or verifiable, without generating any obligation on Beu to give explanations or reasons for rejection. Beu reserves the right to review, establish and cancel or modify Accounts that fail to comply with any of the conditions established herein, as well as with laws, statutes, regulations or other applicable regulations.

Access information must be truthful, complete, updated, verifiable, understandable and accurate, and must be up-to-date for as long as the Account exists. All the activity carried out in the Account will be the direct responsibility of the User. As soon as the User becomes aware that his Account has been compromised or that its security was affected in any way, he must immediately inform Beu at the contact numbers provided in these T&C, in order to block the income and avoid damages for the parties.

Paragraph: Cancellation of the Account.

The User may cancel his Account at any time through a request made through the Platform, where he will find the option to terminate his subscription to the Contents. The cancellation of the Account will be effective immediately once the request is received by the User.

Changes and modifications to the T&C

Beu reserves the right to make modifications or replace the T&C in its entirety, which may occur for various reasons, for example, compliance or adaptation of legislation, new services, for financial or commercial reasons, among others.

Once any modification to the T&C has been applied, Beu users will be notified and their reading and acceptance will be requested, in the same terms established in the “Acceptance” section.

In any case, the continued use of the Beu Services will be considered for all legal purposes, as an acceptance of the T&C and their respective modifications.

Content

When the User makes use of the Beu Platform and Services, the latter acquires the right to publish and store information in the form of photos, videos, audios, texts, as well as to carry out live audio and / or video transmissions, as well as as to carry out promotions of products or services. (Content)

In all cases, you are solely responsible for the Content shared, published and stored through the User Account created for the use of the Beu Services.

Beu will not be responsible for the veracity, reliability, completeness, or any other characteristic of the Content shared by the user.

All Content is the sole responsibility of the person who produces it. We do not monitor or control the Content posted through the Services, and we cannot be responsible for such Content.

By using the Platform and our Services and posting content, you warrant that:

  • The Content is yours and you have all your own and third party rights to use, publish and exploit it commercially in accordance with these T&C and the laws applicable to the content and the jurisdiction where you are located.
  • The publication of the content does not violate copyright, publication rights, reproduction rights, image use, contractual commitments or any other clause, regulation, obligation and in general, that it does not breach any other kind of obligations.
  • The content will not cause harm to third parties, nor can it be considered obscene, inappropriate, defamatory, derogatory, indecent, seditious, offensive, threatening, abusive, capable of inciting racial hatred or discriminatory.
  • The Content will not be misleading or misleading, will be intended or designed to misinform, could misinform a reasonable person and will not represent something that is false as fact;
  • The Content does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
  • The Content does not cause or is not likely to affect Beu's reputation.
  • It will keep the data related to the Content and the publication thereof, in order to establish compliance with the T&C, as well as the regulations applicable to it depending on the jurisdiction in which the user is located and that may generate responsibility for the same.
  • Accept and grant the right to Beu, to modify and cancel the Content that you share and publish through our Services, in case of breach of the applicable regulations, or the T&C established here, or for any reason that Beu considers reasonable, convenient or mandatory.
  • You accept the risk of disclosure to the public or in other Apps or pages of the Content that you post on Beu, and you accept that Beu is not responsible for any damage or threat of damage that these situations may generate.
  • You accept that the information you post on Beu is known and transmitted not controlled by Beu or its collaborators, therefore, you exempt Beu from any responsibility for unauthorized use or uncontrolled copies of the Content.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please notify us by visiting our Copyright Infringement Notification Form [support@beu.app] or by contacting our copyright agent.

Preventive blocking of reported content

Beu It has a preventive content blocking system that generates violations of any applicable regulation; including but not limited to copyright, image use, or Content that according to Beu may be considered obscene, inappropriate, defamatory, derogatory, indecent, seditious, offensive, threatening, abusive, capable of inciting racial hatred or discriminatory.

Thus, when accepting these T&C expressly or tacitly (through the use of the Services), you understand and accept that Beu can preventively block the content and restrict its permanence in the Profiles or Accounts, in order to examine and determine its adequacy to these T&C and other applicable standards.

Intellectual property

All intellectual property rights embedded in the Beu Services, as well as the Content that Beu shares or links, is the exclusive property of Beu.

By accepting these T&C and making use of the Beu Services, you waive any claim on Beu's intellectual property and the economic rights derived from them.

The Beu Services are protected by applicable regulations on copyright, trademark, and intellectual property, and are for the exclusive use of Beu. Any violation of this clause can and will be considered as a cause to restrict or permanently eliminate the Account and Profiles associated with it.

No condition or term established herein can be understood as an authorization or transfer of intellectual property to you.

Any opinion, advice, statements or statements, services, offers, promotions or, in general, any other information shared or published by you, and that is owned by third parties, will be the sole responsibility of the third party owner or of you as the owner of the Account.

Confidentiality

By expressly or tacitly accepting (when using the Beu Services), you undertake to maintain the commercial and legal confidentiality of the information that Beu shares with you.

Likewise, you assume the obligation to keep the information secure, applying all reasonable security measures for that purpose.

Responsibility with followers and end users

Your Account and Profiles will have their own group of followers and end users. The way you interact and communicate with them is your sole and absolute responsibility.

In the event of marketing or promoting goods or services through your Account or Profiles, the entire sale, supply, purchase, acquisition, export, import operation, and in general, the commercial operation derived from promotions or offers through the Services de Beu is your sole responsibility.

In the event that Beu, due to legal or unforeseen circumstances, is responsible for any of the above scenarios, you accept and assume responsibility, and may be subject to lawsuits, claims or summons to respond to Beu for the damages that it has had to assume. on the occasion of the Content that you post or share.

Responsibility

Without prejudice to the previous terms that are related to causes, effects or events in which responsibility is generated, as well as all those related to the responsibility of the user over their Content through the Beu Services;

We are not responsible for damages or losses caused to third parties, other users or end users, as well as for damages generated by sharing, publishing or referring third party content.

We are not responsible for damages or losses caused to third parties, other users or end users, as well as for damages generated by sharing, publishing or referring third party content.

Indemnity: You will indemnify us for any loss, demand, Claim, Damage or injury caused to Beu, for any breach of these T&C, arising from claims, demands or lawsuits that Beu must attend for causes attributable to you.</0>

Disclaimer

Your use of the Beu Services is at your own risk and expense. The Beu Services are provided in accordance with their availability and "As they are", for which reason there will be no responsibility whatsoever on Beu's head for the unavailability of the service, for any reason.

Likewise, these Services are provided without any kind of guarantee or promise of performance or quality.

Therefore, we do not guarantee:

  • That the Beu Services will operate uninterruptedly.
  • That the Beu Services are exempt from computer attacks, loss of information or fall of the Services.
  • That the Content shared on Beu is free of viruses, malware, or any kind of malicious software.

This disclaimer is also understood about any computer failure, failure in the Beu Services, computer attacks, events of force majeure, destruction or unauthorized or illegal access to the Beu databases, negligence and in general, for any cause outside the obligations of Beu.

Likewise, Beu will not be responsible for the Content that users share through the use of the services, as well as for any promotion, sale, offer and in general, any kind of User-owned Content.

Nor will it be responsible for the services provided by third parties through the Beu Services, for example, payment portals.

Third party services or Provided by thrid parties

Beu does not guarantee the operation of the Services Provided by Third Parties, nor does it guarantee or will be responsible for the failures that appear in those Services.

You are solely responsible for the use that you give to the Services Provided by Third Parties, for example, payment portals, for which reason you exonerate Beu from any failure or fall of those Services.

Usually, the Third Parties that, by agreement with Beu provide their services through the Beu Services, contain their own T&C and Privacy Policy, which you agree to know and accept when accessing them through the Beu platform.

Beu is not responsible or will be, for payments and refunds derived from the provision of Third Party Services.

The non-acceptance of the Services of the Third Parties that, by agreement with Beu provide their services through the Beu Services, can and will be understood as grounds for canceling the User's Accounts or Profiles, as well as limiting their functionality and some Beu Services.

Beu’s rights against accounts and profiles

In the event of non-compliance with any of the terms contained herein, as well as the regulations applicable to any matter provided for in these T&C, Beu may eliminate, suspend or limit your User Account, or the Profiles associated with it.

Therefore, a correlative right of the user is generated, to present requirements, reports and respectful reports to obtain support, obtain feedback and resolve misunderstandings or eventual conflicts directly, through the email support@beu.app and the functionality Support contained in the Beu Services.

General and miscelaneous provisions

Comprehensive agreement: The T&C constitute the entire agreement between the users and Beu, so that any other negotiation, verbal or written agreement, emails and, in general, any other piece of information between Beu, its collaborators and the users, do not have any effect.

Applicable Law: The permission, or the acquiescence of Beu in forcing compliance with these T&C will not be understood, in any case, as the authorization to continue the breach of the T&C.

The permission, or the acquiescence of Beu in forcing compliance with these T&C will not be understood, in any case, as the authorization to continue the breach of the T&C.

The relationship established between Beu and the users does not constitute a labor, employment, agency, brokerage or representation agreement between the parties.

Pqrs. Users may submit requests, complaints, claims and suggestions through the Tools provided for this by the Beu.

Electronic Communications. The User accepts that electronic communications be sent to his or her email, whose purpose is to send information related to the Platform, the Services or the Contents, to advertise the Platform, Beu or a third party, or for any other lawful purpose.

Contact. You can contact Beu at [support@beu.app].