Terms and Conditions of Use

Last updated: 2024-08-15

69 min read

TERMS AND CONDITIONS OF USE

THE FOLLOWING INFORMATION IS OF VITAL IMPORTANCE!

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES

Because we believe in your creations, at BEU we want you to turn your content creation into entrepreneurship.

Please find below our PLATFORM TERMS AND CONDITIONS OF USE (hereinafter the "T&C"), which became effective on August 15, 2024.

WELCOME!

BEU (hereinafter "THE PLATFORM"), is a digital platform that includes a website, which is owned by BEU INC, a corporation organized under the laws of the State of Delaware, United States of America (hereinafter "THE COMPANY" or "Beu"). THE COMPANY provides its services through THE PLATFORM, which are subject to the contents of these T&C.

⛔ If these T&C are not accepted, PLEASE DO NOT USE THE SERVICE OR TOOLS OF THE COMPANY, as these are restricted only to those who commit to respecting the guidelines mentioned herein.

Users (hereinafter and for the purposes of this document "USER" or "USERS") must read, understand and accept all conditions established in the T&C, in THE COMPANY's Privacy Policy, and in the Payment Providers' Terms of Service (including Stripe), as well as in any other documents incorporated by reference, prior to their registration as USERS of THE PLATFORM and/or the acquisition of products and/or delivery of any data for any purpose. Access, use or registration of a USER on THE PLATFORM implies unconditional, immediate and unreserved knowledge and acceptance of the T&C.

Acceptance of the T&C implies a sworn declaration that the USER is a legally capable person and has the faculty to acquire the obligations contained in these T&C, by virtue of which a binding contract is generated between each USER and THE COMPANY. Additionally, in such declaration the USER guarantees to be at least 18 years of age and to have legal capacity to acquire contractual obligations. If under 18 years of age, the USER must have the permission or authorization of parents, guardians or legal representatives to use THE PLATFORM.

If the USER accepts these T&C and uses THE PLATFORM on behalf of a company, organization, government or other legal entity, the USER affirms and warrants that they are authorized to do so and have the necessary powers to bind such entity to comply with the provisions contained herein.

THE COMPANY disclaims all responsibility in the event that USERS use the services without consenting to the T&C and reserves the right to take appropriate legal measures in these cases.

THE COMPANY has the faculty and autonomy to modify these T&C unilaterally, at any time, and is not responsible for damages that such modifications may cause to USERS. THE COMPANY will communicate to its USERS, by email or other means of communication, in case of any material modification or update to these T&C. Continued use of THE PLATFORM after such modifications constitutes acceptance of the new T&C. Notwithstanding the foregoing, it is the sole responsibility of USERS to review the T&C periodically to be informed of the latest updates.

These T&C contain the complete and absolute provisions governing the relationship between USERS and THE COMPANY in relation to the purpose, use and functionality of THE PLATFORM and any matter related thereto. If any of the provisions contained herein is declared invalid by any court or arbitrator with jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be modified, it shall be deemed eliminated, without affecting the validity of the remaining provisions, which shall remain in full force and effect.

1. DEFINITIONS

For the purposes of this document, unless expressly stipulated otherwise:

Capitalized terms used in the Contract shall have the meaning assigned to such terms;
Terms denoting singular shall also include plural and vice versa, provided the context so requires;
Words of any gender shall include the respective opposite gender;
Section headings are included solely for reference and convenience purposes, but in no way limit, define or describe the scope and intent of this document or the respective sections;
The expressions "hereof", "herein", "hereby" and other words or expressions derived therefrom or of similar meaning refer to this document as a whole and not to any particular clause or section thereof, unless otherwise indicated;
Technical or scientific terms not expressly defined shall have the meanings given by the science or art to which they belong, and other terms shall be understood in their natural and obvious sense, according to their general usage; and
In case this document refers to a certain number of days, it shall be considered that the number refers to calendar days unless it is specified that they are business days.

The terms used in these T&C shall have the meaning established below, unless expressly stipulated otherwise:

THE COMPANY: BEU INC., a corporation organized under the laws of the State of Delaware, United States of America, owner and administrator of the BEU platform.
THE PLATFORM: Website, app or any other technological means through which THE COMPANY provides its Services and allows the contribution of Content.
Source Code: means the text written under a set of programming elements that allows it to be read by a programmer for the execution of THE PLATFORM and the Contents, which is the exclusive property of THE COMPANY.
Content: all information, files, services and tools that THE COMPANY or USERS make available 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, downloadable files, messages or any other type of material or document.
User Account or "Account": personal and non-transferable space that has the functionalities of THE PLATFORM, the Contents, and the Services and Tools that the USER wishes to use, where their personal information is also registered. Each USER will have a unique username on THE PLATFORM, associated with the authentication method they have registered (Google account, Facebook account, Twitter account, cell phone number or email). The parameters for the username will be as follows: (i) Alphanumeric characters (A...Z, 0...9); (ii) Maximum length of 30 characters; (iii) Minimum length of 3 characters; (iv) Special characters allowed; (v) . and - are not allowed at the beginning and end; (vi) Consecutive . and - are not allowed. Access to the Account by the USER will be done with the corresponding username. In case of entering THE PLATFORM with any social network account, the access data previously established in said applications will be used. In case of entering using an email or cell phone number, an OTP (One Time Password) or single access key will be generated that will allow access to the account. The same will arrive at the registered email or contact number. At no time will THE COMPANY store USER access credentials.
Personal Data: information linked or that may be associated with the USER, which also allows individual identification, such as: Name, phone number, date of birth, sex, nationality, country of residence; among others.
Financial Information Data: mainly to carry out the functionalities of BEU PAY services (service offered by the platform related in section 10), THE PLATFORM will request from users financial information data such as: Name and identification of the bank account holder, account number, account type, bank to which it belongs, country where the account is registered, among others.
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, residence location, among others).
Damage: any injury, loss, cost or expense (including and adding, but not limited to, reasonable legal counsel fees) or impairment directly originated in an existing situation, regardless of whether the same has been consolidated or materialized.
Taxes and Levies: tax charge or obligation to which USERS are subject based on their individual and territorial circumstances.
Tools: functionalities and interaction features available to USERS through THE PLATFORM, including, but not limited to, chats, ratings, surveys, spaces for questions, complaints and claims, and any other Tool that THE COMPANY may discretionally define from time to time.
Profile: Functionality associated with a unique username through which content that is validated and categorized by the company is shared.
Category: classification given to Content and Profiles.
Privacy Policy: Provisions related to the handling of USER information, which due to the use and/or access to THE PLATFORM, is stored, used and disclosed at the following link: https://beu.is/terms/policies
Intellectual Property: industrial property and works protected by copyright and related rights, including without limitation: inventions, web developments, applications, patents, Contents, utility models, industrial designs, layout designs of integrated circuits, developments, improvements or innovations, drawings, illustrations, notes, documents, work processes, procedures, reports, programs, their Source Code and object code, improvements thereto, program flowcharts, 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 intellectual property rights, including trade secrets.
Claim: any type of complaint, judicial or extrajudicial action.
Verification: KYC process or personal data identification process, which occurs when users must provide some personal data that confirm their identity; this process may be executed internally by the company or by a third party contracted as a provider.
Take Rate - commission for content sales: refers to the percentage that THE COMPANY charges for each transaction carried out on its platform from the sale of digital content; the commissions handled range between 8% and 16% depending on the risk classification for content determined by the platform at the time of the transaction (normal or high risk); THE COMPANY reserves the right to classify the risk of its transactions at its discretion and the cost of the commission to be charged to USERS.
Take Rate - commission for transactions: refers to the percentage that THE COMPANY charges for each transaction carried out on its platform that does not come from the sale of digital content, that is, transactions for payment widgets, tips on content, payment links, QR code payments, direct charges and payments, will have a single rate of 4.5%. THE COMPANY reserves the right to classify the risk of its transactions at its discretion and the cost of the commission to be charged to USERS.
Offering User: the offering USER is that natural or legal person creator of digital content who provides their product or service within BEU'S PLATFORM, normally with the objective of obtaining profits from consumer users.
Consumer User: refers to users who make purchases within THE PLATFORM or acquire services from offering users.
Subscriptions: through THE PLATFORM consumer users may acquire memberships of a: a) monthly, b) quarterly, c) semi-annual or d) annual nature; to have access to exclusive content from offering users.
Lifetime Subscription: consumer users can acquire within THE PLATFORM this type of single-payment membership, to access without expiration the content of offering users who provide this type of subscription.
Coupons: Coupons are promotions that may be offered in addition to discounts; the consumer USER must enter them in an Input during Check Out or access the purchase through a link provided by the platform.
Payment Providers: Stripe, Inc. and its related entities, as well as any other payment processor, acquirer, financial institution, card network (Visa, Mastercard, American Express, Discover, or others), bank, payment entity or financial intermediary that directly or indirectly participates in the processing, custody, transfer or handling of funds related to THE PLATFORM.
MATCH: Member Alert to Control High-Risk Merchants, a database maintained by Mastercard that registers merchants whose processing services have been terminated for specific causes. Inclusion in MATCH may result in the inability to obtain payment processing services for a period of up to five (5) years.
TMF: Terminated Merchant File, a list of terminated merchants maintained by payment processors.
VMAS: Visa Merchant Alert System, Visa's equivalent system for identifying high-risk merchants.
Chargeback: Reversal of a transaction initiated by the cardholder through their issuing bank, which results in the debit of funds previously credited to the merchant, along with associated fees and penalties.
Rolling Reserve: Percentage of funds retained preventively as security against potential chargebacks, disputes, claims, fines, penalties or future liabilities.
Stripe Terms: Stripe's Terms of Service available at https://stripe.com/legal/ssa or at the URL that Stripe may designate in the future, as amended from time to time without notice from THE COMPANY.

2. ACCESS AND USE OF THE PLATFORM

THE PLATFORM will allow the USER to access the Content available thereon, subject to acceptance of the T&C. The use of the interaction and monetization functionalities of THE PLATFORM will be carried out through the Account, which is personal and non-transferable, whereby THE PLATFORM may be used solely and exclusively for the USER's own benefit.

Content created by THE COMPANY or USERS is understood to be proprietary Content that does not violate copyright and intellectual property rules.

USERS may access the Platform from anywhere, but this will be a discretionary decision of the USER, who will assume under their exclusive risk and responsibility the implications of access, without THE PLATFORM guaranteeing compliance with local laws applicable to the jurisdiction where the USER is located.

THE COMPANY authorizes its users to consult, review and use THE PLATFORM only for personal use. In case the Content belongs to third parties, their express authorization must be obtained to use said Content for commercial purposes within THE PLATFORM. The content of THE PLATFORM, including, but not limited to, texts, graphics, images, logos, icons, software and any other content, is protected under copyright, industrial property and other applicable rules. All Content is property of THE COMPANY. Unauthorized use of the Content may constitute a violation of copyright, industrial property or other laws. No USER may sell or modify the content, or use or distribute it publicly for commercial purposes.

Likewise, USERS agree to refrain from using the Contents for any of the activities described below and fully assume responsibility for breach of this obligation, holding THE COMPANY harmless from any Claims that may arise:

For the development of illicit, fraudulent or abusive activities.
To the detriment of the BEU brand or third parties.
For a commercial purpose or that implies any economic remuneration for themselves or for third parties, unless it is the USERS' own content.
To alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the Contents or Intellectual Property available through THE PLATFORM.
To the detriment of minors, their honor, physical and mental integrity and their rights.
To convert it into material considered defamatory, obscene, threatening, abusive, discriminatory or offensive.
In activities that support or praise terrorism, organized crime or groups that promote hate.
To publish sexual content related to minors or that threatens to publish intimate images of other users.
For purposes other than those for which they were created.
To prevent the correct use of THE PLATFORM by another USER.
In violation or express breach of current international laws and especially in violation 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 any of the Contents, Source Code, Intellectual Property, is strictly prohibited, unless the Intellectual Property rights have been acquired by the USER.

3. CONFIDENTIALITY

By expressly or tacitly accepting (by using the Services of THE PLATFORM), the USER agrees to maintain the commercial and legal confidentiality of the information that THE COMPANY shares.

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

The confidentiality obligations established in this Clause shall survive for a period of five (5) years from the date of termination of these T&C.

4. ACCOUNT REGISTRATION AND AUTHENTICATION

To use THE PLATFORM, each USER must create a User Account, in which multiple Profiles may be loaded according to the Content the USER wishes to share.

The USER will be solely responsible for the security of the Account, and must use Google, Twitter, Facebook accounts, cell phone numbers or email addresses to which they have exclusive access, through a user that limits use, access and communication with third parties. THE COMPANY will not be responsible for losses or damages derived from breach of this security obligation.

In certain profiles, reinforced user authentication will be required, through codes sent to email, SMS, or verification codes sent and required on THE PLATFORM. In some cases, THE COMPANY will request the sending of selfies taken immediately, or other reinforced personal authentication mechanisms. Even this type of authentication may be performed or requested periodically at the discretion of THE COMPANY and, in turn, both THE COMPANY and service providers contracted by it may verify your identity and the data you provide through the use of cookies, other technical solutions, internal information from our network and external sources. The USER accepts that THE COMPANY for fraud prevention purposes may obtain through a third party the biometric information of all Users who intend to obtain or acquire services through the BEU platform, through the capture of facial videos of the User and photographs that compose their identity document. Each USER must create a username that does not infringe these T&C or applicable copyright and industrial property and trademark rules.

No USER may use a username of other people, or of people with public notoriety, politically exposed, or in general, usernames that may generate confusion regarding the person or legal entity that uses it.

The access information provided by USERS must be truthful, complete, updated, verifiable, understandable and accurate, and must be updated throughout the time the Account exists. All activity carried out in the Account will be the direct responsibility of the USER. At the moment the USER becomes aware that their Account has been compromised or that its security has been affected in any way, they must immediately inform THE COMPANY by sending an email to soporte@beu.app, for the purpose of blocking access and avoiding damages to the parties.

Registration and authentication of an Account must follow the following steps:

Accept the T&C.
Perform authentication through any of the following methods:
- Google account.
- Facebook account.
- Instagram account.
- Email with sending of single-use key code, sent to email.
- Cell phone number with sending of single-use key code, sent by SMS.
Fill in the basic data of the first profile of the account:
- Username: corresponds to the unique identifier within THE PLATFORM.
- Full name: corresponds to the legal name of the natural or legal person.
- Photo: corresponds to the graphic representation of the profile, may be a photograph, a logo or any type of image allowed according to the T&C.
- Country: corresponds to the place of origin of the person registering.
- Interests: corresponds to a list of options (minimum 3) on different topics on which Content and Accounts will be recommended to the USER later and within THE PLATFORM or through any of the communication channels used.

Once the registration of the basic data of the Profile is completed, the user arrives at the administration panel of THE PLATFORM which is divided into three main spaces:

Main menu / Navigation bar: space where the links to all options and sections of THE PLATFORM are found.
Profile selection: space that houses all information related to the USER's profile and where they may:
- Configure microsite: corresponds to the section where each USER's website can be customized, allows adding blocks and customizing them.
- Publish content: corresponds to the gallery where the different types of publications and content that the user will share and/or sell are listed and organized.
Action and interaction space: space where the information corresponding to the option being configured will be shown.

As soon as the profile is created, a unique URL is generated to access it, always in the following format: beu.is/username

5. RESTRICTION, SUSPENSION OR CANCELLATION OF ACCOUNT ACCESS

The USER acknowledges and accepts that access to THE PLATFORM and Contents may be limited or restricted when THE COMPANY must perform repairs, adjustments, updates, for security reasons or for any other reason it deems convenient or necessary. Without prejudice to any Claims that may arise, Access to Contents will be denied when there is any breach by the USER of the obligations derived from these T&C or when it is not possible to verify the information provided by the USER.

Notwithstanding, THE COMPANY may restrict, suspend or cancel access to the USER immediately in the event that, in its judgment, a violation of the T&C, of the law, or the occurrence of fraudulent acts in the use of THE PLATFORM or Contents occurs, without THE PLATFORM assuming any responsibility towards the USER.

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

Note: Detailed provisions on suspension and termination of services, including fund retention, are found in Clause 11 of these T&C.

6. ACCOUNT DEACTIVATION, RESTORATION AND DELETION

6.1. Account Deactivation

USERS of THE PLATFORM may deactivate their account whenever they wish and subsequently reactivate it, without losing their configurations and content.

During the period of time the Account is inactive, the USER will not appear in searches, recommendations or explore section. Nor will they be able to find it through its direct link: (e.g. beu.is/username).

It is important to note that in the case of having recurring payment subscription enabled, exclusive Content will remain available to USERS who have an active subscription as of the date on which the CREATOR USER decided to deactivate the account, and for a period of up to 60 days, and will not generate any additional charge from the day of deactivation. After 60 days, no USER will be able to view the profile or contents of the inactive account.

6.2. Account Deletion and Restoration

USERS of THE PLATFORM may delete their Account whenever they wish. Upon this request, the USER will have a period of 60 days to request restoration of the same, without their configuration and Content being permanently deleted.

After the period of 60 calendar days, all USER information will be deleted from THE COMPANY's databases and cannot be recovered, except for exclusive Content, which will remain 60 additional days available to those who have paid the subscription in the period during which the Account was decided to be deleted. After this term, if the USER wishes to use THE PLATFORM again, they must proceed to create a new account.

Upon permanent deletion of the account, the original Content uploaded by the USER will be deleted. However, each USER will retain in their BEU PAY the copies of Content they have acquired from other USERS.

6.3. Rights of THE COMPANY regarding Accounts and Profiles

In case of breach of any of the provisions contained herein, as well as the regulations applicable to any matter provided in these T&C, THE COMPANY may delete, suspend or limit the Account of any USER, as well as the Profiles associated with it.

Therefore, the USER will have the right to submit respectful requests, reports and information to obtain support, obtain feedback and resolve misunderstandings or eventual conflicts directly, through the email soporte@beu.app and the Support functionality contained in THE PLATFORM.

7. CONTENT

7.1. Obligations and Responsibilities

All USERS acquire the right to publish and store information in the following formats: photos, videos, audios, texts, and downloadable files, as well as to make live audio and/or video broadcasts and promotions of products or services through the use of THE PLATFORM.

In all cases, the USER is solely responsible for the Content shared, published and stored through their User Account created for the use of THE PLATFORM.

THE COMPANY will not be responsible for the veracity, reliability, completeness, or any other characteristic of the Content shared by each USER.

By using THE PLATFORM and publishing content, the USER guarantees that:

The Content is their exclusive property and they have all proprietary and third-party rights to use, publish and commercially exploit it in accordance with these T&C and the legislation applicable to the Content in the jurisdiction where they are located.
The publication of the Content does not violate copyrights, publication rights, reproduction rights, image use, contractual commitments or any other clause, regulation, obligation and in general, does not breach any other class of obligations.
The Content will not cause damage to third parties, nor can it be considered obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, likely to incite racial or discriminatory hatred.
The Content will not be misleading or deceptive, will have the intention or design to misinform, could misinform a reasonable person and will not represent as a fact something that is false.
The Content does not contain software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
The Content does not generate or is not likely to generate damage to THE COMPANY's reputation.
Will retain data relating to the Content and its publication, in order to establish compliance with the T&C, as well as the regulations applicable thereto based on the jurisdiction in which the USER is located and which may generate liability for the same.
Accepts and grants the right to THE COMPANY, to modify and delete the Content that they share and publish through THE PLATFORM, in case of breach of applicable regulations, or the T&C established herein, or for any cause that THE COMPANY considers reasonable, convenient or mandatory.
Accepts the risk of public disclosure or in other Apps or pages of the Content published on THE PLATFORM, and accepts that THE COMPANY is not responsible for any damage or threat of damage that these situations may generate.
Accepts that the information published on THE PLATFORM is of knowledge and transmission not controlled by THE COMPANY or its collaborators, whereby it exempts it from all responsibility for unauthorized use or uncontrolled copies of the Content.
Accepts that Contents that are published for single payment, upon receiving purchases from other USERS generate a copy of the original content that will be hosted in the BEU PAY of the USER as long as they so wish, and that these copies will not be deleted even if the Content creator USER decides to delete the original Content from THE PLATFORM.
Accepts that Contents that are published as exclusive and single access for USERS who pay subscription will have to remain available for a minimum of 90 days if the Content creator USER decides to delete their account.
Accepts that Contents that are published as exclusive and single access for USERS who pay subscription will become public and/or free access content immediately when the Content creator USER decides to delete the subscription configuration from their account or configures it at zero (0) value.

7.2. Sanctions for Incorrect Use of Content

All Content is the sole responsibility of the USER who produces it. THE COMPANY reserves the right to perform validation, categorization and blocking processes in accordance with the community rules established in these T&C, with the aim of preserving the interaction environment. However, this type of powers vested in THE COMPANY do not imply the assumption of any responsibility.

Additionally, in case the USER does not guarantee any of the assumptions mentioned in the previous section, or THE COMPANY manages to prove that the Content loaded in their Account is the property of another USER or a third party, THE COMPANY:

Will freeze the income that the USER obtained from the illegitimate distribution of the Content;
Will transfer the income available on the platform to the USER or the third party owner of the Content;

For this, if a USER considers that their Content has been copied in a way that constitutes an intellectual property infringement, they must notify THE COMPANY through the Copyright Infringement Notification Form or through the email soporte@beu.app

8. PREVENTIVE BLOCKING OF REPORTED CONTENT

THE COMPANY has a preventive blocking system integrated in THE PLATFORM on Content that generates violations of any applicable regulation and the provisions contained in these T&C, including, but not limited to, copyright, image use, or Content that THE COMPANY may consider obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, likely to incite racial or discriminatory hatred.

Every USER may report on THE PLATFORM any Content that, in their judgment, infringes the provisions of these T&C. However, the report will be subject to review by THE COMPANY, as it has the exclusive power to determine the permanence of the Content that is uploaded to THE PLATFORM.

Thus, by accepting these T&C expressly or through the use of THE PLATFORM, the USER manifests understanding and accepting that THE COMPANY is empowered to preventively block Content and restrict its permanence in Profiles or Accounts, in order to examine and determine its adequacy to the T&C and other applicable rules.

9. PRIVACY AND DATA USE

THE COMPANY's Privacy Policy can be found at the following link: https://beu.is/terms/policies. It describes the manner in which THE COMPANY handles all information provided by the USER when registering on THE PLATFORM and when using the services. Additionally, it denotes the use that THE COMPANY gives to the mentioned data. Therefore, acceptance of these T&C implies acceptance of THE COMPANY's Privacy Policy.

All data and information that THE COMPANY generates from the use that the USER makes of THE PLATFORM or the services it provides, will be the exclusive property of THE COMPANY, and the USER waives any claim on such data and information.

Regarding their Personal Data, the USER has the right to the following:

Know, update and rectify their Personal Data.
Request proof of the authorization granted to THE COMPANY.
Be informed of the use that THE COMPANY has given to their Personal Data.
Be informed of the treatment that THE COMPANY will give to the Personal Data.
Be informed of the rights of which they are the holder.
Know the identity of the person responsible for the processing of Personal Data.
Access their Personal Data free of charge.
Revoke the authorization of use or request the suppression of certain data when their rights and guarantees are violated.
File complaints with the regulatory authority of Industry and Commerce, guarantor of competition protection, personal data and legal metrology, of their country, for infractions committed by THE COMPANY.
Enter or not data that includes Sensitive Data or Personal Data of children and adolescents under their care.
Any other rights determined by applicable law.

The use and processing of the USER's Personal Data by THE COMPANY is subject to their authorization, without prejudice to the following exceptions:

When the information is required by a public or administrative entity in the exercise of its legal functions or by court order.
When the Data is of a public nature.
In case of medical or health emergency.
When the processing of information is authorized by law for historical, statistical or scientific purposes.
When the Data is related to the Civil Registry of Persons.

THE COMPANY's Privacy Policy contains and explains the manner and forms in which personal information about USERS is collected, used and disclosed, without prejudice to the provisions of these T&C.

10. MONETIZATION AND/OR BEU PAY

10.1. Ecosystem Rules

THE PLATFORM has an ecosystem that facilitates purchase, sale, sponsorship or subscription transactions of content between USERS, through authorized third parties for payment processing, thus offering each USER the possibility of recharging their BEU PAY in US dollars (USD) and paying in different local currencies. THE PLATFORM uses conversion in US dollars (USD) to carry out transactions between users reflecting the balance in this currency, in turn makes the balance available to make purchases in US dollars (USD) within THE PLATFORM. All charges are made in US dollars (USD) or its equivalent in local currency.

Based on the foregoing, so that the monetization components of THE PLATFORM record all movements made by all USERS, each of them will have a section that centralizes the information of all transactions, called "MONETIZATION AND/OR BEU PAY".

⚠️ IMPORTANT: The operation of BEU PAY and the availability of funds are subject to the retention, freezing and fund impairment provisions established in Clause 11.7 of these T&C. The USER must carefully read said provisions before using BEU PAY services.

THE USER authorizes THE PLATFORM to provide their payment card data to external providers designated to process transactions in order to make corresponding payments. All charges are made in US dollars (USD). THE USER knows and accepts that their payment card provider may charge currency conversion fees. THE PLATFORM has no control over exchange rates or charges imposed by payment card providers or banks, and under no circumstances will THE PLATFORM be responsible for paying any charge or fee imposed by your payment card provider or bank.

In no way should it be understood or interpreted that THE COMPANY performs money capture operations, loans, receipt of public bank deposits, or any type of financial activity, and/or financial service, money orders or stock market. Nor do we authorize third parties to use the Services for such purposes. Your income corresponds exclusively to the collection of fees established in these T&C, and no operation exclusive to financial entities and/or similar will be carried out.

THE COMPANY cannot guarantee that the Services will be available at any specific time or location, without interruption, without errors, without defects or secure, or that any defect or error will be corrected, or that the Services will be free of viruses or other security threats.

THE USER knows and accepts that THE COMPANY reserves the right to temporarily or permanently remove or add Payment Methods at any time and without prior notice.

10.2. BEU PAY Activation

The registration of a USER on THE PLATFORM and the creation of a profile on it, will automatically allow USERS to have the BEU PAY services, this service may have its own operation functionalities such as viewing the balance available in US dollars (USD) or in local currency, transactions made on THE PLATFORM, purchased digital assets, active subscriptions, etc. Likewise, other actions such as balance recharges and withdrawals, creating payment links, among others, may be performed. The conditions related to the purchase, sale and transfer of USD will be defined in the time and manner that THE COMPANY indicates in these T&C.

The USER may configure the currency in which they can view the price of a publication in the settings section - Favorite Currency or, from Check Out modifying the total to pay field when finishing the transaction. THE COMPANY may enable and/or completely disable this local currency display functionality when it deems appropriate, reserving the right to modify it at its discretion. THE USER knows and accepts that the representative market exchange rate (TRM) information presented on THE PLATFORM is for informational purposes only and that at no time is THE COMPANY acting as a financial regulator or certifier of said information.

Activation of the BEU PAY service (which implies performing identity verification) will be required when you want to make direct recharges in the BEU PAY recharge section and when you want to make balance withdrawals. To do so, first, each USER must fill in the following information and attach the required files, in order to verify the USER's identity:

Full names.
Cell phone number.
Date of birth.
Sex (as it appears on the identity document).
Nationality.
Image of the identity document.
Country of residence.
Proof of residence (bank statement, fixed service bill, among others).
Selfie.
Proof of life (selfie video of maximum 15 seconds).

Once this information has been filled in and sent, THE COMPANY will proceed to verify each component and eventually activate the BEU PAY service for the exclusive use of the USER. THE COMPANY reserves the right to reject the activation of the BEU PAY service, in case of not being able to verify the USER's identity or considering that it does not meet the requirements contained in these T&C. For this purpose, THE COMPANY will have 1 business day to perform the activation of the BEU PAY service and in case additional information is required from the USER to perform the activation, they will have 3 business days to remedy the required information. In case the USER does not send the requested information within this term, the identity verification will be rejected and the USER must make the request again.

Notwithstanding the foregoing, activation of the BEU PAY service will not be mandatory when you want to make content purchases, contributions in tip and donation functionalities or to be able to receive income for content or published payment functionalities, however, when purchases are being made and allied payment processors send some type of fraud alert related to the payment method being used, THE COMPANY may request a quick verification to protect buyers' payment methods.

10.3. BEU PAY Operation

Recharge BEU PAY

Each USER is enabled to recharge US dollars (USD) or with local payment methods that will be enabled at the discretion of THE COMPANY in their BEU PAY account. The recharge may be made through a credit or debit card enabled for internet purchases, which has been associated on the platform. Each USER has the freedom to recharge their BEU PAY with the amount of US dollars (USD) they wish, for which they must select the recharge value and confirm the transaction. THE COMPANY reserves the right to limit, control, verify and approve the recharges made by USERS within THE PLATFORM.

THE COMPANY will have no influence in determining the exchange rate (TRM) that will be charged at the time of recharge. Any economic impact that arises as a result of the variation in the price of USD will be assumed exclusively by each USER. In case there is a processing charge or commission for the use of the credit or debit card, the same will be assumed by the USER in its entirety and they accept not to demand compensation from THE COMPANY for this impact. All taxes and levies that are generated or levied on this type of transaction will be the sole responsibility of the USER who intends to carry them out.

When a USER makes a recharge to their BEU PAY, they can use the US dollars (USD) that are made available there for consumption within THE PLATFORM or, they will also have the possibility to withdraw the balance in their BEU PAY from recharges previously made on THE PLATFORM and not from earnings (sale of digital content).

According to the above, the USER accepts that withdrawals made through THE PLATFORM include a direct withdrawal commission and that THE COMPANY reserves the right to determine the fee for this type of transaction made by USERS.

The information corresponding to credit or debit cards registered on the platform will be stored on the servers of the providers and allies of payment gateways and banking as a service of THE COMPANY, which have all the technological, security and regulatory infrastructure of the treatment of this type of information.

THE COMPANY makes available to USERS authorized third-party collection platforms (in local currency for some cases), who will act as facilitators for the transfer of money that each USER pays to THE COMPANY for the purchase and sale made between the parties for the acquisition of US dollars (USD) that will be used for the purchase of content within THE PLATFORM. The payment process is carried out through payment gateways authorized by THE COMPANY, who are in charge of continuing with the processing of payments.

In any case, THE COMPANY reserves the right to follow up on transactions that present developments as long as they are notified by the USER and, for all purposes, the follow-up and response of THE COMPANY may in no case disregard the rules established in the terms and conditions and/or privacy policies of the collection and payment processing platforms authorized and contracted by THE COMPANY.

THE COMPANY will at no time have access to or treat your financial information and in no case will be responsible for such information. At the time of recharging, the USER will accept the conditions defined by payment gateways for the processing of transactions, the USER being solely responsible for each and every obligation stipulated in the terms and policies of the platforms facilitated by THE COMPANY; in this same sense, each USER commits to providing true and authorized information to said platforms designated for collection and payment processing, each USER committing to indemnify THE COMPANY for any demand or claim against it, for improper or fraudulent use of electronic payment platforms.

Based on the foregoing, THE COMPANY will not be responsible for any of the following losses or damages:

Loss of money due to electronic fraud that has been consummated on the collection and payment processing platforms.
Loss of money due to failures attributable to USERS or the platforms designated for collection and payment processing.
Loss of opportunities, due to lack of availability of banking entities or authorization centers and/or other entities that serve in electronic payment gateways.
Losses suffered by third parties.
Any indirect, consequential, special or exemplary damage arising from misuse of the platforms designated for collection and payment processing.
Delay in verification of a transfer made by the platforms designated for collection and payment processing.

In any case, THE COMPANY is exempt from delay in processing transactions resulting from banking hours or processes, or any type of service failures of the other agents that intervene or affect payment processing, such as processing networks, payment gateways, banks, franchises, Internet and server providers, among others, and in general any event that exceeds its control in processing.

You authorize us and our subsidiary companies to provide your payment card data to an external payment provider for the purpose of processing your recharges and payments for the BEU PAY service, all transactions for this service will be charged in US dollars (USD). Your payment card provider may charge currency conversion fees. THE COMPANY has no control over exchange rates or charges imposed by your payment card provider or bank; neither THE COMPANY nor its subsidiary companies will be responsible for paying any charge or fee imposed by your payment card provider or bank.

Third parties authorized by THE COMPANY as collection platforms may make automatic or recurring charges in US dollars (USD) to payment cards registered by USERS, depending on the type of service they have acquired according to the modalities of i) subscription or ii) direct purchase or sponsorships (including tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your provided payment card data.

Make Payments on THE PLATFORM — FEES

Once the BEU PAY service has been recharged and the balance of this section is reflected, USERS may make different types of payments corresponding to the type of content offered by USERS they wish to acquire.

All USERS will have the possibility to charge in US dollars (USD) to other USERS for their content. For each charge made, USERS accept that they will be charged a commission for the use of technology and services of THE PLATFORM between 4.5%-20% of the value of the transaction made on THE PLATFORM. THE COMPANY reserves the right to define the economic conditions of transactional commissions and the USER accepts that there may be differentiation in this commission among USERS of THE PLATFORM.

Types of payments:

Direct content purchase: Acquisition of Content through USD transaction.
Sponsorships: Purchase of services and opportunities offered by other USERS.
Subscriptions: Monthly, quarterly, semi-annual, annual or lifetime access to exclusive content.
Tips: Voluntary contributions to content creators.
Payment links: Charges through shared links.
QR code payments: Charges by scanning code.

Make Withdrawals

USERS may only request withdrawal of funds that come from earnings generated within THE PLATFORM, subject to the retention provisions established in Clause 11.7 of these T&C.

No commission will be applied to the first withdrawal of the month. From the second withdrawal, a withdrawal fee will be applied that will be determined by THE COMPANY.

11. SUSPENSION AND TERMINATION OF SERVICES

11.1 Grounds for Suspension

11.1.1 Retention, Freezing or Impairment of Funds by Payment Service Providers

When Stripe, any other payment service provider, processor, financial institution, card network, governmental authority or any third party related to the processing, custody or handling of USER funds (collectively, the "Payment Providers"):

i. retains, freezes, blocks, confiscates or in any way restricts access or availability of USER funds that are in custody of said Payment Providers;

ii. imposes fines, sanctions, penalties, chargeback fees, dispute fees, additional commissions or any other economic charge on THE COMPANY or directly on the USER as a result of the USER's activities, transactions, conduct or breaches;

iii. requires THE COMPANY to establish reserves, security deposits, contingency funds or any other financial protection mechanism as a condition for continuing to provide payment processing services related to the USER's transactions;

iv. initiates, orders or requires investigations, audits, reviews, verifications or due diligence processes in relation to the USER's transactions, activity or conduct, or when there are suspicious, unusual, irregular or potentially fraudulent activities;

v. determines, under its own risk assessment, regulatory compliance or internal policy criteria, that the USER's transactions, activity or risk profile justify restrictive, preventive or corrective measures; or

vi. exercises any right of compensation, retention, set-off or similar on USER funds to cover losses, contingencies, chargebacks, disputes, claims or any obligation derived from the USER's activities.

In any of these cases, THE COMPANY is expressly empowered to immediately suspend the USER's access to THE PLATFORM and Services, without any liability.

11.1.2 Immediate Suspension by THE COMPANY

THE COMPANY may immediately and without prior notice suspend the USER's access to THE PLATFORM and any of the Services, Contents or Tools when, in the sole and discretionary judgment of THE COMPANY, any of the following circumstances occurs:

a) THE COMPANY reasonably considers that, by providing the Services to the USER, THE COMPANY, its affiliates, service providers (including without limitation Stripe, Inc. and its related entities) or the USER themselves would be violating, or could violate, any law, regulation, requirement or guideline of competent governmental authority, including but not limited to financial, exchange, anti-money laundering, terrorism financing, consumer protection, personal data protection regulations or any other applicable provision in any relevant jurisdiction;

b) An Insolvency Event of the USER occurs, meaning any situation in which the USER: (i) is declared bankrupt, in creditor's meeting, reorganization, liquidation or any similar proceeding; (ii) admits in writing their inability to pay their debts when due; (iii) makes a general assignment for the benefit of creditors; or (iv) requests or consents to the appointment of a trustee, receiver, liquidator or similar figure;

c) The USER breaches, violates or contravenes these T&C, the Privacy Policy, or any other existing agreement between the parties, their affiliates or service providers, expressly including the Stripe Terms, which the USER acknowledges and accepts are applicable and binding by virtue of the use of payment processing services integrated into THE PLATFORM;

d) THE COMPANY reasonably considers that the USER's activity, conduct, operations or transactions degrade, could degrade, put at risk or could put at risk the security, privacy, stability, integrity, reputation or reliability of THE PLATFORM, THE COMPANY's services, third-party systems (including Stripe systems and other payment processors), or other USERS. This includes, without limitation, USER participation in distributed denial of service (DDoS) attacks, hacking activities, phishing, malware distribution or any activity that compromises technological infrastructure;

e) THE COMPANY reasonably considers that the USER is involved in, participates in, facilitates or could facilitate businesses, activities or transactions that are illicit, illegal, prohibited, fraudulent, abusive, harmful to third parties, contrary to morals or good customs, or that in any way present an unacceptable risk to THE COMPANY, its affiliates, service providers, other USERS or third parties. This expressly includes, but is not limited to: (i) trade in illicit substances; (ii) child pornography or exploitation of minors; (iii) trafficking in weapons, organs or human beings; (iv) terrorism financing; (v) money laundering; (vi) pyramid activities or Ponzi schemes; (vii) intellectual property rights violations; (viii) fraud or scam; (ix) sale of counterfeit products or services; or (x) any activity that violates fundamental rights of third parties;

f) THE COMPANY reasonably observes that the USER's activity increases, may increase, is related to or may be related to an increase in the rate, frequency, amount or probability of fraud, chargebacks, disputes, claims, unauthorized transactions or any other activity that generates economic losses, legal contingencies or reputational damage to THE COMPANY, its affiliates, service providers or other USERS;

g) The USER does not respond in a timely, complete and satisfactory manner to requests for information, documentation, clarifications or verifications that THE COMPANY or its service providers (including Stripe) make in relation to their identity, activity, transactions, origin of funds, purpose of use of THE PLATFORM or any other matter relevant to compliance with legal, regulatory or contractual obligations;

h) The USER does not timely update their implementation, integration or use of the Services, THE PLATFORM or third-party technologies (including Stripe's APIs, SDKs or systems) to the most recent production version that THE COMPANY recommends or requires, within the period established by THE COMPANY;

i) THE COMPANY detects, through its own monitoring systems, third-party reports, competent authorities or any other means, the occurrence or possible occurrence of suspicious, irregular, unusual or unauthorized conduct in the USER's Account or in relation to the use of THE PLATFORM;

j) There are orders, requirements, instructions or requests from judicial, administrative, tax, regulatory or any other authority that oblige or recommend that THE COMPANY suspend access or services to the USER;

k) Any circumstance, condition, event or situation arises that, in THE COMPANY's reasonable judgment, makes it inconvenient, risky, onerous or incompatible with its internal policies, contractual obligations with third parties or business strategy, to continue the relationship with the USER.

11.2 Termination of Service

11.2.1 Termination by the USER

a) Termination for Convenience: The USER may terminate these T&C and close their Account at any time through the procedure established on THE PLATFORM or by contacting THE COMPANY through official support channels.

11.2.2 Termination by THE COMPANY

a) Unilateral Termination: Unless expressly agreed otherwise in writing between the parties, THE COMPANY may unilaterally terminate these T&C, close the USER's Account and/or revoke access to any part of the Services, Contents, Tools or THE PLATFORM at any time, with or without cause, upon notice to the USER.

b) THE COMPANY will provide such notice by email to the address registered in the USER's Account. The notice will be deemed effective at the time of sending, regardless of whether the USER receives, reads or accesses it. In cases of suspension or termination for the causes established in Clauses 11.1.1 or 11.1.2, THE COMPANY may execute the suspension or termination immediately, simultaneously with the notice or even prior to it when circumstances warrant, without the USER having any right to claim for lack of prior notice.

c) Termination for Just Cause: THE COMPANY may immediately terminate these T&C, close the USER's Account and/or revoke access to any part of the Services if: (i) the USER materially breaches these T&C; or (ii) any of the circumstances listed in Clause 11.1 above occurs.

d) Alignment with Payment Service Providers: The USER acknowledges and expressly accepts that THE COMPANY uses payment processing services provided by Stripe, Inc. and other related entities (collectively, "Stripe"). Consequently, the USER is subject to and agrees to be bound by the Stripe Terms, available at https://stripe.com/legal/ssa or at the URL that Stripe may designate in the future, which are incorporated by reference into these T&C. The USER acknowledges that any suspension or termination of their account with Stripe or any determination by Stripe that affects THE COMPANY's ability to process USER transactions, will automatically empower THE COMPANY to immediately suspend or terminate the USER's access to THE PLATFORM and Services, without any liability for THE COMPANY.

11.3 Effects of Suspension or Termination

Following suspension or termination of these T&C for any reason:

a) Immediate Cessation of Rights: The USER's rights to use THE PLATFORM, Services, Contents and Tools will cease immediately and automatically.

b) Obligation to Cease Use: The USER must immediately cease all access and use of THE PLATFORM, Services and any technology, software, API, access key, code or material provided by THE COMPANY or its service providers. The USER must delete, destroy or return (as THE COMPANY indicates) all copies of software, documentation, access keys, APIs and any confidential or proprietary material of THE COMPANY.

c) Payment Obligations: Termination or suspension will not exempt the USER from their obligation to pay any amount owed to THE COMPANY, its affiliates or service providers (including commissions, penalties, chargebacks or any other concept) corresponding to the period prior to the effective date of termination. THE COMPANY will be entitled to retain pending funds until all pending disputes, chargebacks, claims or contingencies are resolved, and to deduct from such funds any amount the USER owes.

d) Independence of Other Agreements: Unless expressly stipulated otherwise, termination of these T&C will not affect other written agreements or existing contractual relationships between the USER and THE COMPANY, its affiliates or service providers.

e) Data Retention: THE COMPANY may, but will not be obligated to, retain the USER's data, information, Contents and records for the period that THE COMPANY deems necessary or convenient to comply with legal, regulatory, accounting, tax or contractual obligations, defend its interests in judicial or administrative proceedings, or for any other legitimate reason. The USER acknowledges and accepts that THE COMPANY will have no obligation to retain, return or make available to the USER any data, information or Content after termination, without prejudice to the provisions of the Privacy Policy and applicable data protection laws.

f) Third-Party Contents Acquired: In case of termination or deletion of an Account of an offering USER, consumer USERS will retain in their respective Accounts the copies of Content they have validly acquired from said offering USER prior to termination, subject to applicable licenses and restrictions.

11.4 Survival of Clauses

The following provisions will survive termination or expiration of these T&C, without prejudice to any others that by their nature must survive:

a) The USER's obligation to pay any amount owed to THE COMPANY (Clause 10 and related);

b) Clauses 2 (Access and Use of the Platform, as applicable), 3 (Confidentiality), 7 (Content, as applicable to Intellectual Property), 11.3 (Effects of Suspension or Termination), 11.4 (Survival of Clauses), 12 (Permitted Use), 13 (Community Rules), 14 (Representations and Warranties), 15 (Intellectual Property), 16 (Limitation of Liability), 17 (Indemnification), 18 (Arbitration), and 21 (General Provisions);

c) The confidentiality obligations established in Clause 3 will survive for a period of five (5) years from the date of termination of these T&C;

d) THE COMPANY's Intellectual Property rights over THE PLATFORM, Source Code, Contents created by THE COMPANY and any element owned by THE COMPANY, will survive indefinitely;

e) The USER's indemnification obligations towards THE COMPANY will survive indefinitely with respect to facts, acts or omissions that occurred during the term of these T&C.

11.5 Without Prejudice to Other Rights

The rights of suspension and termination established in this Clause 11 are understood without prejudice to, and are cumulative with, any other rights, actions, remedies or resources that THE COMPANY may have under these T&C, applicable law, equity or any other agreement. Suspension or termination will not constitute a waiver of any right or remedy of THE COMPANY, nor will it limit THE COMPANY's right to seek any other available remedy, including without limitation legal actions for damages, injunctive relief or any other form of relief.

11.6 Discretion and Standard of Reasonableness

The USER acknowledges and expressly accepts that THE COMPANY has broad discretion to determine whether circumstances have occurred that justify suspension or termination under this Clause 11. References to "reasonable" consideration by THE COMPANY mean that THE COMPANY will act in good faith and based on business, legal, risk management, reputational or regulatory compliance criteria that, in its professional judgment, justify the decision adopted. The USER agrees not to challenge or dispute the reasonableness of THE COMPANY's determinations, unless they demonstrate manifest bad faith, fraud or gross negligence on the part of THE COMPANY.

11.7 Nature of Funds, Custody and Retention Powers

⚠️⚠️⚠️ CRITICAL SECTION: CAREFULLY READ THE FOLLOWING PROVISIONS ON RETENTION AND POSSIBLE LOSS OF FUNDS ⚠️⚠️⚠️

11.7.1 Custody by Payment Providers

The USER acknowledges, understands and expressly accepts that:

a) THE COMPANY does not act as a financial institution, payment entity, fund custodian or securities or exchange market intermediary. THE COMPANY only facilitates technological integration between THE PLATFORM and authorized Payment Providers (primarily Stripe) that process, hold and manage funds derived from USER transactions.

b) All funds derived from sales, subscriptions, transactions or any monetary activity of the USER on THE PLATFORM are received, processed, held, retained and disbursed directly by Payment Providers, and NOT by THE COMPANY. Consequently, such funds remain at all times under the exclusive custody, control and responsibility of Payment Providers until they are effectively disbursed to the USER or third parties as appropriate.

c) The relationship of custody, processing and disbursement of funds is governed entirely by the terms, conditions, policies and procedures of Payment Providers (including the Stripe Terms), which are independent of these T&C and prevail in everything related to fund management. The USER accepts and is obligated to strictly comply with all applicable provisions of said Payment Providers.

d) THE COMPANY has no control, access, dominion or power of disposition over funds held by Payment Providers. THE COMPANY cannot order, authorize, execute or reverse transfers, disbursements, retentions or any movement of funds that are under custody of Payment Providers.

11.7.2 Powers of Retention, Compensation and Fund Impairment

Without prejudice to the provisions of Clause 11.7.1, the USER acknowledges and expressly accepts that THE COMPANY and/or Payment Providers are empowered, at any time and without need for additional authorization from the USER, to:

a) Temporarily or permanently retain, freeze or block any USER funds that are in custody of Payment Providers when:

i. There are ongoing, pending or contemplated investigations related to possible fraudulent, illicit, suspicious, unusual activities or violations of these T&C, the Stripe Terms or other applicable policies;

ii. Disputes, chargebacks, claims, complaints or reports from other USERS, consumers, financial institutions, card networks, authorities or third parties have been received in relation to USER transactions;

iii. THE COMPANY or Payment Providers require the establishment of reserves, contingency funds or guarantees to cover potential losses, chargebacks, fines, penalties, claims or contingencies derived from USER activities;

iv. It is necessary to verify the legitimacy, legality or origin of funds, or confirm the USER's identity, the authenticity of transactions or compliance with due diligence obligations, money laundering prevention, terrorism financing or any other legal or regulatory obligation;

v. The USER has breached any obligation under these T&C, the Stripe Terms or any agreement with THE COMPANY or Payment Providers; or

vi. Any Payment Provider, financial institution, card network, governmental authority or relevant third party so orders, requires, recommends or deems necessary under its own policies, procedures or risk assessments.

b) Compensate, discount or deduct from USER funds in custody of Payment Providers:

i. Any amount corresponding to commissions, fees, Take Rates, service charges or any other concept owed to THE COMPANY or Payment Providers under these T&C, the Stripe Terms or any applicable agreement;

ii. Fines, penalties, penalties, late interest or breach charges that the USER owes to THE COMPANY, Payment Providers or third parties;

iii. Amounts corresponding to chargebacks, disputes, claims or reversed transactions, together with administrative, procedural fees or penalties associated with such events;

iv. Losses, damages, costs, expenses (including reasonable legal fees) or contingencies that THE COMPANY or Payment Providers have incurred as a result of the USER's activities, conduct, transactions or breaches;

v. Any amount that the USER owes to THE COMPANY or Payment Providers for any concept, title or cause, including without limitation tax, fiscal or any other obligations that THE COMPANY or Payment Providers must pay on behalf of the USER or as a result of their activities.

11.7.3 USER Obligations Regarding Retained Funds

The USER accepts and is obligated to:

a) Provide additional information and documentation that THE COMPANY or Payment Providers reasonably require to investigate, verify or resolve any matter related to retained funds, including without limitation: identity documents, address documents, documentation on the origin of funds, contracts with clients, evidence of delivery of products or services, correspondence with consumers, accounting records, tax returns or any other relevant information.

b) Maintain sufficient funds available in their Account or in custody of Payment Providers to cover potential chargebacks, disputes, claims, refunds, fines, penalties or any other charge that may arise during and after the term of these T&C. In case the available funds are insufficient, the USER is obligated to immediately pay THE COMPANY or Payment Providers any balance owed.

c) Fully assume the risk that their funds may be retained, frozen, blocked, confiscated or definitively lost as a result of decisions, determinations, policies or actions of Payment Providers, financial institutions, card networks, governmental authorities or third parties, without THE COMPANY having any liability in this regard.

d) Indemnify and hold harmless THE COMPANY, its directors, officers, employees, affiliates, service providers and Payment Providers for any loss, damage, cost, expense, fine, penalty, penalty, claim, demand, legal proceeding or contingency derived from or related to the retention, freezing, compensation, deduction or impairment of USER funds, as well as the USER's activities, transactions or conduct that have generated such measures.

11.7.4 Retention Period and Release of Funds

The USER acknowledges and accepts that:

a) Retained funds will remain in custody of Payment Providers for the period that Payment Providers determine necessary or convenient to: (i) complete investigations; (ii) resolve disputes, chargebacks or claims; (iii) comply with transaction reversal or cancellation periods established by card networks or financial institutions; (iv) satisfy legal, regulatory or contractual obligations; or (v) mitigate risks and protect the legitimate interests of THE COMPANY, Payment Providers, other USERS or third parties.

b) In no case will the retention period be less than: (i) one hundred eighty (180) days counted from the date of the questioned, disputed or under investigation transaction; or (ii) the period established by Payment Providers, card networks, financial institutions or competent authorities, whichever is greater.

c) The release of retained funds will be conditioned on: (i) the definitive and favorable resolution of all investigations, disputes, chargebacks, claims or proceedings related to such funds; (ii) the expiration of all applicable reversal, cancellation or claim periods; (iii) the satisfaction of all USER obligations under these T&C and the Stripe Terms; (iv) the express authorization of Payment Providers; and (v) any other condition that THE COMPANY or Payment Providers reasonably establish.

⛔ d) THE COMPANY DOES NOT GUARANTEE OR ASSURE that retained funds will eventually be released or returned to the USER. Retention may result in definitive and total loss of funds if so determined by Payment Providers, competent authorities or applicable procedures.

11.7.5 Exoneration of Liability of THE COMPANY

The USER acknowledges, accepts and expressly declares that:

a) THE COMPANY does not assume, and expressly excludes and rejects, any liability related to the retention, freezing, blocking, confiscation, loss, delay in disbursement or any impairment of USER funds that are in custody of Payment Providers.

b) Any claim, dispute, controversy or legal action related to retained, frozen or impaired funds must be directed exclusively and directly against the Payment Providers that have custody of such funds, and NOT against THE COMPANY.

c) THE COMPANY does not act as intermediary, mediator, arbitrator or representative of the USER in relation to disputes, claims or proceedings involving Payment Providers, financial institutions, card networks, authorities or third parties.

d) THE COMPANY's action in facilitating technological integration with Payment Providers, in communicating determinations or policies of Payment Providers, or in executing retention, compensation or fund impairment instructions in accordance with the Stripe Terms, does not generate any liability for THE COMPANY.

e) The USER expressly, irrevocably and unconditionally releases THE COMPANY from all liability, claim, demand, legal action, damage, loss, cost or expense directly or indirectly related to the custody, processing, retention, freezing, compensation, deduction, impairment, transfer, disbursement or any handling of funds by Payment Providers.

11.7.6 Consolidated Marketplace Risk and Shared Liability

⚠️ CRITICAL WARNING - MARKETPLACE RISK

The USER acknowledges that THE COMPANY operates as a marketplace processing transactions of multiple users through consolidated accounts with payment providers. Consequently:

a) The actions of ANY user may result in measures that affect ALL users, including: fund freezing, service suspension, processor termination, inclusion in high-risk lists (MATCH, TMF, VMAS), and imposition of fines.

b) THE COMPANY may retain the USER's funds when it is a consequence of: (i) actions of other users that cause marketplace freezing; (ii) decisions of payment providers; (iii) authority requirements; or (iv) circumstances outside THE COMPANY's control.

c) The USER will NOT have the right to claim against THE COMPANY for fund retention under the circumstances of subsection (b), including lost profits, consequential damages, incidental damages or loss of opportunities.

d) The USER EXPRESSLY WAIVES any judicial or extrajudicial action against THE COMPANY derived from fund retention for the causes indicated.

11.7.7 Loss of Funds by Payment Providers

⛔⛔⛔ CRITICAL WARNING - RISK OF TOTAL LOSS OF FUNDS ⛔⛔⛔

The USER acknowledges and accepts that:

a) Funds may be retained indefinitely or confiscated by payment providers, and THE COMPANY WILL NOT BE LIABLE for partial or total loss of funds.

b) If payment providers DO NOT release funds to THE COMPANY, THE COMPANY will NOT be obligated to pay such funds to the USER with its own resources.

c) THE COMPANY will make commercially reasonable efforts (limited to communications with providers and following appeal procedures) to recover retained funds, but DOES NOT GUARANTEE the recovery of any amount nor is it obligated to initiate litigation at its own expense.

d) The USER ASSUMES THE RISK of loss of funds derived from the use of THE PLATFORM.

11.7.8 Preventive Fund Reserve (Rolling Reserve)

THE COMPANY and/or Payment Providers may establish, at their sole discretion and without need for specific justification, a preventive reserve on a percentage of the USER's funds as security against potential chargebacks, disputes, claims, fines, penalties or future liabilities.

a) Reserve Percentage: THE COMPANY may retain between five percent (5%) and one hundred percent (100%) of the USER's funds, depending on:

(i) USER risk profile;
(ii) Chargeback and dispute history;
(iii) Type of products or services marketed;
(iv) Transaction volume;
(v) Payment Provider policies;
(vi) Any other factor that THE COMPANY deems relevant.

b) Retention Period: The reserve may be maintained for periods of up to one hundred eighty (180) days after the USER's last transaction, or for longer periods if contingencies, investigations or risks persist.

c) Unilateral Modification: THE COMPANY may modify the reserve percentage at any time, without prior notice, when circumstances warrant.

d) No Interest: Funds in reserve will not generate interest in favor of the USER.

12. PERMITTED USE FOR USERS WHO CREATE CONTENT

By accepting these T&C, the USER accepts that all Content they publish is safe for other USERS and complies with these T&C.

The USER commits to:

Not using the BEU brand as their own without consent.
Not using the Account to market promotional content from third parties without authorization.
Not including sexual content in unauthorized profiles.
Not promoting pyramid or multilevel schemes.
Not sharing personal information of other users.
Not sharing content related to criminal conduct.
Not sharing content that promotes suicide.
Not sharing violent content or content that incites violence.

13. STANDARDS | COMMUNITY RULES

THE PLATFORM has community standards to ensure an adequate environment. Content that includes the following is prohibited:

Inappropriate sexual content: zoophilia, necrophilia, minors, assaults.
Hate speech: content that promotes discrimination.
Deceptive or fraudulent content: links to fraudulent sites.
Intimidation, harassment or threats (Bullying): comments that attack the integrity of others.
Intellectual property violations: content without publication rights.
Prohibited products/services: drugs, weapons, explosives.
Self-harm behaviors: content that promotes self-injury or suicide.
Terrorism: content that supports terrorist groups.
Violent content: torture or physical harm.
Spam: repetitive or unsolicited messages.
False information: fake news that may disturb society.

14. REPRESENTATIONS AND WARRANTIES OF THE USER

14.1 Fundamental Representations

By registering and using THE PLATFORM, the USER represents and warrants that:

a) All information provided to THE COMPANY is truthful, complete, updated and verifiable;

b) They are not currently included, nor have they been included in the last five (5) years, in high-risk merchant lists such as MATCH (Member Alert to Control High-Risk Merchants), TMF (Terminated Merchant File), VMAS (Visa Merchant Alert System), or other similar lists maintained by payment networks, processors or financial institutions;

c) They have not had payment processing accounts, merchant accounts or similar accounts terminated, suspended or cancelled for cause attributable to the USER in the last five (5) years;

d) They are not involved, nor are aware of being investigated, for fraudulent, illicit, money laundering, terrorism financing activities or any prohibited activity;

e) They will not use THE PLATFORM for activities that violate laws, regulations or the terms of service of payment providers;

f) They will immediately notify THE COMPANY about any dispute, chargeback, claim, investigation or circumstance that may affect their ability to comply with these T&C or that may generate risks for THE COMPANY or Payment Providers;

g) They have all necessary licenses, permits and authorizations to operate their business and market their products or services through THE PLATFORM.

14.2 Ongoing Representation

The foregoing representations are deemed to be made on an ongoing basis throughout the relationship with THE COMPANY. The USER is obligated to notify THE COMPANY within twenty-four (24) hours of any of the foregoing representations becoming untrue.

14.3 Consequences of False Representations

If any of the foregoing representations proves to be false, inaccurate, incomplete or misleading, THE COMPANY may, without prejudice to other rights:

a) Immediately suspend or terminate the USER's Account without any liability;

b) Indefinitely retain all funds in custody;

c) Report the USER to competent authorities, payment processors, card networks and any relevant third party;

d) Exercise all indemnification actions provided in these T&C;

e) Claim the presumed damages established in Clause 17.3;

f) Include the USER in internal lists of prohibited users.

15. INTELLECTUAL PROPERTY

BEU recognizes that moral rights are inalienable. All intellectual property rights immersed in the Services of THE PLATFORM are the exclusive property of THE COMPANY.

No condition established herein may be understood as an authorization or transfer of intellectual property to USERS.

THE COMPANY's Intellectual Property rights over THE PLATFORM, Source Code, Contents created by THE COMPANY and any element owned by THE COMPANY, will survive indefinitely the termination of these T&C.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, THE COMPANY WILL NOT BE LIABLE for:

a) Losses derived from actions of payment service providers;

b) Freezing, retention, confiscation or loss of funds;

c) Suspension or termination of processing services;

d) Actions of other users of THE PLATFORM;

e) Consequential, incidental, special or punitive damages;

f) Lost profits, loss of income or loss of opportunities;

g) Any loss exceeding the total amount paid by the USER in commissions to THE COMPANY during the twelve (12) months prior to the claimed event.

These limitations apply regardless of the legal theory invoked (contractual, tort, negligence, strict liability or other).

The use of THE PLATFORM is at the USER's own risk. Services are provided "As Is", without guarantee of uninterrupted operation.

THE COMPANY does not guarantee:

Uninterrupted operation of Services.
That Services will be free from computer attacks.
That Content will be free from viruses or malware.
That USER expectations will be met.

17. INDEMNIFICATION

17.1 General Indemnification Obligation

The USER agrees to indemnify, defend and hold harmless THE COMPANY, its directors, officers, employees, affiliates and service providers against any claim, loss, damage, liability, cost or expense (including reasonable legal fees) arising from the use of THE PLATFORM or breach of these T&C.

17.2 Specific Indemnifications

In addition to the general obligation, the USER will specifically indemnify THE COMPANY for:

a) Processor Termination: If the USER's conduct causes termination of Stripe or another processor, they will indemnify for: (i) frozen funds; (ii) migration costs; (iii) fee differentials for five (5) years; (iv) lost income; (v) reputational damage; and (vi) legal costs.

b) High-Risk Lists: If the USER's conduct causes inclusion in MATCH/TMF/VMAS lists, they will indemnify for all damages for up to five (5) years or until removal, whichever is later.

c) Fines and Penalties: The USER will indemnify 100% of fines or penalties imposed by payment networks or regulators.

d) Marketplace Freezing: If the USER's conduct causes freezing that affects other users, they will be responsible for the ENTIRETY of affected funds.

e) Damages to Other Users: Will indemnify against claims from other users for losses caused by their conduct.

Indemnifications are immediately enforceable and THE COMPANY may offset them from the USER's available funds.

17.3 Presumed Damages

Recognizing the difficulty of quantifying certain damages, the parties agree in good faith to the following minimum presumed damages, without prejudice to additional provable damages:

a) Inclusion in MATCH/TMF/VMAS lists: USD $65,000.00 (sixty-five thousand US dollars) per each inclusion.

b) Forced processor termination: USD $50,000.00 (fifty thousand US dollars) per each processor.

These amounts are in addition to other proven damages and are immediately enforceable upon occurrence of the event. The USER waives the right to challenge the reasonableness of these estimates.

17.4 Right of Recovery and Subrogation

a) Right of Recovery: THE COMPANY will have the right of recovery against the USER for any amount that THE COMPANY pays, loses, fails to receive, or is forced to assume as a direct or indirect consequence of the USER's conduct, actions, omissions, transactions or breaches, including but not limited to:

(i) Funds of other users that THE COMPANY must assume, reimburse or compensate due to marketplace freezing caused by the USER;
(ii) Fines, penalties, sanctions and charges of any nature;
(iii) Legal, investigation, audit and remediation costs;
(iv) Operating, income and business opportunity losses;
(v) Quantifiable reputational damages;
(vi) Any amount paid in transactions, agreements or judgments with affected third parties.

b) Subrogation: THE COMPANY will be automatically subrogated, without need for additional declaration, to all rights, actions, claims and remedies that other affected users, consumers, or third parties may have against the infringing USER. The USER expressly authorizes this subrogation and is obligated to cooperate with THE COMPANY in exercising such actions.

c) Assignment of Rights: Without prejudice to the foregoing, THE COMPANY may require affected users to formally assign their claims against the infringing USER, and the infringing USER accepts in advance the validity and enforceability of such assignments.

18. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

⚠️ READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE LAWSUITS IN COURT AND TO PARTICIPATE IN CLASS ACTIONS.

18.1 Binding Arbitration

Any controversy, dispute, or claim arising out of or relating to these T&C, the use of THE PLATFORM, the holding, processing, or transfer of funds, the suspension or termination of accounts, or the relationship between the USER and THE COMPANY, shall be resolved exclusively and finally through binding arbitration, on an individual basis.

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, or by JAMS, at the election of THE COMPANY, to the extent permitted by applicable law.

The arbitration shall take place in the State of Delaware, United States of America, in the English language, before three (3) arbitrators. The arbitrators shall apply the substantive laws of the State of Delaware and applicable federal law, excluding conflict-of-law principles.

The arbitral award shall be final, binding, and non-appealable, and judgment upon the award may be entered in any court of competent jurisdiction.

The Parties acknowledge that these T&C evidence a transaction involving interstate commerce and that the Federal Arbitration Act (9 U.S.C.) shall govern the interpretation and enforceability of this arbitration provision.

18.2 Waiver of Class Actions

To the fullest extent permitted by law, all disputes, claims, or controversies shall be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

Any dispute concerning the interpretation, applicability, or enforceability of this class action waiver shall be resolved exclusively by a court of competent jurisdiction and not by an arbitrator. If this waiver is found to be invalid or unenforceable, the arbitration provision above shall be null and void solely with respect to such claim.

18.3 Waiver of Jury Trial

To the fullest extent permitted by law, if any claim or dispute is determined to be non-arbitrable or is otherwise brought in a court of law, each party knowingly, voluntarily, and irrevocably waives any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the transactions contemplated hereby.

18.4 Limited Exceptions

Notwithstanding the foregoing, THE COMPANY may, at its sole discretion:

a) Initiate legal actions for collection of USER debts;

b) Request injunctive or preliminary relief in competent courts;

c) Take actions before regulatory or criminal authorities.

19. THIRD-PARTY SERVICES

THE COMPANY does not guarantee the operation of Third-Party Services. Each USER is solely responsible for the use they make of such services.

The manner in which each USER interacts and communicates with their followers is their sole and absolute responsibility. In case of marketing goods or services through their Account, the entire commercial operation is the USER's responsibility.

20. Governing Law and Dispute Resolution

This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between the User and BEU INC, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

20.1 Dispute Resolution Provisions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief, or bring claims relating to intellectual property rights, in the state or federal courts located in the State of Delaware. Each party irrevocably consents to the exclusive personal jurisdiction and venue of such courts for these purposes.

Any action to confirm, enforce, or vacate an arbitration award shall be brought exclusively in the state or federal courts located in the State of Delaware.

20.2 Rest of the World (Row)

To the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any transaction processed through the Services shall be subject to the exclusive jurisdiction of the competent state or federal courts located in the State of Delaware, United States of America.

Nothing in this Section shall prevent BEU INC from seeking injunctive or equitable relief in any jurisdiction where such relief is necessary to protect its intellectual property rights, confidential information, or to prevent fraud, abuse, or misuse of the Services.

Nothing in this Agreement shall limit or exclude any mandatory consumer rights that cannot be waived under applicable local law. Any provision found unenforceable under such law shall be enforced to the maximum extent permitted, and the remainder of the Agreement shall remain in full force and effect.

Notwithstanding the provisions of Clause 20, nothing in these T&C shall limit, exclude, or waive any rights that consumer protection laws of the user's jurisdiction establish as non-waivable.

21. GENERAL PROVISIONS

21.1 Entire Agreement

These T&C, together with the Privacy Policy and the Terms of Payment Providers (including Stripe), constitute the entire agreement between the parties regarding the subject matter of THE PLATFORM.

21.2 Severability

If any provision of these T&C is declared invalid, illegal or unenforceable by a competent court or arbitrator, such provision will be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be modified, it will be deemed deleted, without affecting the validity and enforceability of the remaining provisions, which will remain in full force and effect.

21.3 Waiver

Failure to exercise or delay in exercising any right, power or remedy of THE COMPANY under these T&C will not constitute a waiver thereof. Partial exercise of any right will not prevent further exercise of the same or any other right.

21.4 Assignment

The USER may not assign, transfer or delegate these T&C or any right or obligation derived therefrom without the prior written consent of THE COMPANY. THE COMPANY may freely assign, transfer or delegate these T&C.

21.5 Notices

All notices from THE COMPANY to the USER will be made to the email registered in the USER's Account. Notices will be deemed effective at the time of sending. It is the sole responsibility of the USER to keep their contact information up to date.

21.6 Language

These T&C have been translated from the original Spanish version. In case of conflict between different language versions, the Spanish version shall prevail.

21.7 Relationship Between the Parties

The relationship between THE COMPANY and each USER does not constitute an employment agreement, work, agency, brokerage, partnership, joint venture or representation. Each party is an independent contractor.

21.8 Contact

For any inquiry, request, complaint, claim or suggestion, the USER may contact THE COMPANY through:

Email: soporte@beu.app

Contact ushello@beu.app

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