Terms of Service

ALMAAZ  (hereinafter referred to as “we” or “ALMAAZ”) welcomes you to its website: www.almaaz.app and to its mobile application (hereinafter referred to as the “Application”). Use of the Application is subject to the following General Terms and Conditions of Use (hereinafter referred to as "General Terms"), as well as to the Privacy Policy. 

1. Acceptance of Terms of Service

   1. By accessing and using the Application, you acknowledge that you have read, understood and agree to be bound by these Terms, representing an agreement, entered into force, in the same way as if you had signed it. If, at any time, you no longer accept these General Conditions, we ask that you no longer access the Application, nor use it, nor even access its contents.  These Terms of Service exist in English and other languages.  In case of inconsistency between the versions, the English version will prevail. 

   2. YOUR ACCESS, USE AND BROWSING OF THE APPLICATION AND ITS SERVICES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN, AS WELL AS TO ALMAAZ'S PRIVACY POLICY, AS WELL AS THAN TO ALL APPLICABLE LEGISLATION AND REGULATIONS.  FAILURE TO ACCEPT THESE TERMS OF USE, YOUR AUTHORIZATION TO ACCESS OR USE THE APPLICATION WILL AUTOMATICALLY AND IMMEDIATELY TERMINATE. Please see our Privacy Policy for more details on the personal data we collect and process. 

2. Modification of the Terms of Service

   1. As these Terms and Conditions may be revised or updated, you should check them regularly to see if any updates have been made. Any substantial change herein will be effective upon posting and will apply only to your use of the Application and information collected from you as of the last updated date and thereafter, unless otherwise notified by us, further correspondence with you. 

   2. ALMAAZ may make changes to the Application, its Content, the Services or its functionalities at any time. You understand and agree that ALMAAZ may interrupt or restrict your use at any time, for any reason, or even for no reason and with or without notice. 

3. Authorized users

   1. In consideration for your use of the Application, you represent that you are of legal age to enter into a legally binding contract and that you are not prohibited from receiving services. 

   2. The Application is intended for people who are at least 18 years old. ALMAAZ and the Application do not knowingly collect information from children under the age of 15.  If you are under the age of 15, you are not permitted to use the Application or submit personally identifiable information to ALMAAZ on the Application or even offline. If you provide information to ALMAAZ via the Application, you represent that you are at least 15 years old.  If you are between the ages of 15 and 17, when you visit, browse, use or submit personal information on the Site, you represent that you have permission from a parent or guardian to do so, who accepts these Terms and Conditions on your behalf. If you are a parent or guardian and believe that ALMAAZ may have inadvertently collected personal information about your child, please notify ALMAAZ immediately by sending an email to: info@almaaz.app detailing the basis of your belief and of your request.

4. Privacy Policy

   1. Please see the Privacy Policy for information regarding the collection, processing and use of your personal data by us.  

5. Errors, inaccuracies and omissions

   1. There may be information on our Application, in our Content or in our Services that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, availability and other content provided on behalf of ALMAAZ or its service providers.  We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the said information if they prove to be inaccurate, and this, at any time without notice and without this incurring the responsibility of ALMAAZ . 

6. Modifications, Suspension and Termination

   1. ALMAAZ reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Application, the Services, the Content or all or part thereof, with or without notice.  You agree that ALMAAZ shall not be held liable, either towards you or towards a third party, concerning any modification, suspension or interruption of the Application, the Services, the Content. 

   2. ALMAAZ reserves the right, in its sole discretion, immediately and without notice, to suspend, interrupt or terminate your access to the Application, the Services, the Content, or any part thereof for any reason whatsoever. whether or not for any reason, including, without limitation, if you breach these Terms.  You agree that ALMAAZ shall not be held liable, either towards you or towards a third party concerning the said suspension, interruption or termination. 

7. Registration and personal information about you

   1. Certain areas or benefits provided by the Application may require you to create an account with us and provide us with certain information, including your name, phone number, valid email address, and profile information.  Your registration being subject to our review and approval, we reserve the right not to approve, or to withdraw our approval, once given, or your registration for any reason whatsoever, at any time, in desired time.  By registering or using the Application, you agree to provide, maintain and update true, accurate, current and complete information about yourself when you register and on an ongoing basis.  You acknowledge that if any information you provide is false, inaccurate, outdated or incomplete, or even if we believe that the information you provided is incorrect, inaccurate, outdated or incomplete, we reserve the right to terminate your use of the Application or your account, with or without reasons or notice.

   2. When you register for an account on the Application, you may be asked to provide a legal name, phone number, valid email address and select a password to use with your account. You are responsible for maintaining the confidentiality of your password and for all uses of it and your account, whether by you or others.  

   3. Payments and subscriptions

(a) Subscription

The Application may offer certain Services and/or Content of third parties, or its own with the corresponding fees and require you to take out a subscription for a period of time, as specified during your registration (hereinafter collectively referred to as "Subscription").  Your Subscription may begin with a price promotion and automatically continue on a renewable subscription basis unless you cancel it or we terminate it. 

(b) Payments

i. Payment Methods In connection with all Purchases and/or Subscriptions you opt for, you must provide us with a current, valid and accepted method of payment, which can be changed from time to time (hereinafter referred to as "Payment Method"). All subscription purchases will be subject to the Terms and Conditions, including fees, imposed by your financial services provider and/or mobile carrier, as applicable.  By providing your account information as part of any subscription, you authorize ALMAAZ to charge the full cost of said Service or Subscription and agree to be responsible for all resulting charges. If the fees attributable to you are not paid, at the time payment is required, you will be responsible for all costs and expenses arising therefrom, including those relating to attorneys' fees and other legal fees. You represent and warrant that all information you provide in connection with the purchase of a Service or Subscription is true, accurate and complete.  We reserve the right to offer Services or Subscriptions for such durations and at such costs as we deem appropriate, at our sole discretion.

ii. Billing cycle. The costs of the Services or Subscriptions must be paid in advance, in one go, while others may be staggered. If said fees are paid in advance, in one go, the total fees are due and payable to ALMAAZ immediately upon sale and your method of payment will be automatically billed at that time. If the fee is paid in installments, your payment method will be automatically charged at the start of each installment period

iii. Automatic renewal. In order to provide continued service, ALMAAZ will automatically renew all Subscriptions upon their expiration date.  Such renewals will be for the same duration as the original subscription period and will be charged at the undiscounted rate for the Subscription, on the date you sign up and according to your original billing cycle method (i.e. i.e. either as a one-time upfront payment or as an installment basis.  By subscribing to a Subscription, you agree that it is subject to the automatic renewals described above. You also agree that the amount charged may differ if the original amount was purchased using a promotional offer and you authorize us to charge you for such variable amounts and any other charges you may incur in connection with your use of the Subscription.  Your Subscription will remain in effect and will continue to renew automatically until cancelled. We will send you a renewal notice at least thirty (30) days before it expires.

IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU CAN DO SO BY sending an e-mail request, along with the reason for your cancellation, to info@almaaz.app.  ALMAAZ will make the necessary efforts to process cancellation requests as soon as possible.

8. Refund and Cancellation Policy

(a) Subscription Refunds

Subscriptions will be eligible for a full refund if the Subscription cancellation request is received by ALMAAZ within (i) 30 days of your initial payment or (ii) 30 days of your first automatic renewal payment. All refund requests should be addressed to info@almaaz.app and be accompanied by the reason for the refund request.

There will be no Subscription refunds, regardless of user satisfaction level, if (i) a refund request is received more than 30 days from your initial payment, or (ii) a refund is received more than 30 days from your first auto-renewal period.

(b) Service Refunds

There are no Service refunds unless:

i. the Service Provider has not provided the Service, in which case, tangible proof must be provided

ii. the Service Provider has committed an extremely serious fault, in which case, a complaint must be filed with the Police and provided to ALMAAZ who will study this request and decide whether the Service gives rise to a refund. In both cases, ALMAAZ will not reimburse the service fees related to the use of the Application, unless it ceases to function completely, preventing the provision of said Services.

Any request must be sent to info@almaaz.app within 48 hours maximum after the date and time of the Service, otherwise the request will not be considered and no refund will be sent.

(c) Subscription Cancellation

You can cancel your subscription at any time by sending an e-mail request, along with the reason for your cancellation to info@almaaz.app.

(d) Cancellation of Service

Any cancellation of Service by the Customer entails full payment for the Service purchased, without being able to claim any refund.

9. Authorized use

   1. You may use the Application, Content and Services for lawful, non-commercial purposes only.  You may not use it in any way that could damage, disable, overburden, or impair our servers or networks, or even interfere with another third party's use of it.  You may not attempt to gain unauthorized access to the Application or any of the Content or Services, user accounts, or computer or mobile systems or networks, through hacking, password mining, or any other means.  Without limiting anything else contained herein, you agree not to (and you agree not to allow any third party to):

      1. Copy, modify, adapt, translate or dismantle all or part of the Application, its Content or its elements, or alter the Services

      2. Delete any notices or citations of any copyright, trademark or other proprietary rights contained in or on the Application or in any content or other material available on or through the Application or the Services

      3. Create user accounts by automated means or under false or fraudulent pretenses, or even

      4. Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

   2. We may take any legal action and implement any technical remedy to prevent the breach of this provision and enforce the Terms of Use.

10. Property rights

You acknowledge and agree that between ALMAAZ and you, all rights, titles and interests of and for the Application, the Services and the Content, in particular, patents, copyrights, trademarks, including commercial ones, trade secrets , inventions, know-how and all other intellectual property rights, belong exclusively to ALMAAZ or its subsidiaries, suppliers, service providers, merchants, licensors or partners or sponsors of Activities, being protected by the international right to intellectual property in force.  You have no intellectual property rights in the Application, nor can you claim any, all or part thereof, nor its Content or the Services, whether modified or not.

COPYRIGHT

The Application and all Services and Content, including all copyrights contained therein, are the property of ALMAAZ, its owner, its brands, sub-brands, subsidiaries, suppliers, service providers, merchants, licensors or other partners, being protected by international copyright laws.  You agree not to copy, modify, distribute, transmit, display, republish, sell, resell or exploit, or create derivative works from, for any purpose, any part of the Application, Services or Content, other than expressly authorized by ALMAAZ in writing.

TRADEMARKS

The trademarks and sub-trademarks, service marks, logos, trade names and trade presentations (hereinafter collectively referred to as the "Marks") used on the Application are the property of ALAMAAZ and its owner, or even its affiliates, associates, contractors, merchants, licensors or other partners.  The trademarks of third parties referenced on the Application do not constitute or imply any affiliation, approval or recommendation of ALMAAZ by its owner. Without limitation, Trademarks include those filed with the Spanish Patent and Trademark Office (OEPM) and owned by their respective owners.

PATENTS 

Where applicable, one or more patents may apply to the Application, the Services, the Content and the products, or even functionalities and services, accessible via the Application (hereinafter collectively referred to as the "Patents"). These patents, when they exist, are the property of ALMAAZ or its subsidiaries, associates, service providers, licensors or other partners. 

11. Notices and Procedures for Making Claims of Copyright or Intellectual Property Infringement 

    1. ALMAAZ, at its sole discretion, may disable and/or terminate the use granted to users, infringing the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide ALMAAZ with a notice containing the following information: 

       1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right 

       2. a description of the copyrighted work or other intellectual property that you claim has been infringed 

       3. a description of the location on the website or mobile application of the content that you claim is infringing  

       4. your name, address, telephone number and email address 

       5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law 

       6. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner of the copyright or other intellectual property rights, or that you are authorized to act on behalf of the owner of such rights .

    2. For notices of claims for infringement of copyright or other intellectual property rights, ALMAAZ can be contacted, by sending a claim to: info@almaaz.app  

12. Links to other websites, social media profiles or mobile applications 

    1. The Application may contain advertisements, posts and links to other websites, social media profiles or mobile applications operated by other third parties.  Your use of such content is at your own risk. The advertisements, publications and linked sites are not under the control of ALMAAZ, which is not responsible for their content or their privacy practices. Such content does not imply endorsement by ALMAAZ of the information contained therein and ALMAAZ disclaims all liability with respect to your access to and use of such content.  You acknowledge and agree that ALMAAZ is not responsible, either directly or indirectly, for any damage, loss or other claim caused or alleged to have been caused by or in connection with, the access, use or reliance granted to any content available on or through any other site or resource.

13. Compensation 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ALMAAZ AND ITS OWNER, ITS DIRECTORS, EMPLOYEES, PROVIDERS, PARTNERS, LICENSORS, LICENSEES, OR SPONSORS, ADVERTISERS, MERCHANTS AGREED WITH THEM, AGREED TO AND AGAINST ALL LIABILITY. LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING INCLUDING REASONABLE ATTORNEY FEES, PAID BY YOU OR THOSE PAID ON YOUR BEHALF OR BY ANY THIRD PARTY, DUE TO OR ARISING OUT OF (A) YOUR USE OF THE APPLICATION, SERVICES OR ANY CONTENT, PRODUCTS, BRANDS OR BUSINESS, YOUR BUSINESS IN CONNECTION WITH THE APPLICATION OR ALMAAZ, OR YOUR CONTRIBUTION(S), OR ANY MATERIAL YOU SUBMIT OR TRANSMIT TO THE APPLICATION OR ALMAAZ, (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAW OR THE RIGHTS OF ALMAAZ OR ANY THIRD PARTY, (C) ANY ACTIVITY RELATING TO YOUR ACCOUNT OR PASSWORD, IF ANY, OR (D) YOUR USE OF ANY CONTRIBUTION MADE BY A USER. 

14. Disclaimer of Warranty and Limitation of Liability

    1. WE PROVIDE THE APPLICATION, CONTENT AND SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  ALMAAZ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE APPLICATION OR ANY SERVICE OR CONTENT AVAILABLE THROUGH IT.
       
       WE DO NOT WARRANT THAT THE RESULTS ARISING FROM THE USE OF THE APPLICATION, SERVICES OR CONTENT WILL BE RELIABLE, ACCURATE, PROBATIVE OR EVEN MEET YOUR REQUIREMENTS.

    2. ALMAAZ MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF THE APPLICATION WILL BE UNINTERRUPTED, EVEN THAT THE APPLICATION WILL BE ERROR-FREE OR THAT DATA LOSS WILL NOT OCCUR.  ALMAAZ MAKES NO WARRANTIES REGARDING THE COMPUTER SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE APPLICATION, NOR DOES IT GUARANTEE THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU OBTAIN FROM THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALMAAZ DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ANY LOSS OR DAMAGE, INCLUDING, INCLUDING, AN INDIRECT OR INCIDENTAL RISK OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE APPLICATION, SERVICES OR CONTENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL ALMAAZ'S LIABILITY EXCEED THE TOTAL FEES PAID TO ALMAAZ IN CONNECTION WITH THE APPLICATION, CONTENT OR SERVICES.

15. Termination

    1. We may terminate and/or suspend your registration immediately, without notice, if you breach the Terms of Service or other policies and terms posted on the Application, or in connection with the Services you or any other person use. using your login credentials, as determined in our sole discretion; ALMAAZ is not liable to you or any third party for said termination.  In the event that we terminate your account in this way, there will be no refund or right to collect any fees from ALMAAZ and you hereby acknowledge that you waive them.  Further, you agree not to attempt to use the Application and/or the Services or any Content after such removal, deactivation or termination.
       
       You may terminate your ALMAAZ account at any time by writing to the address at the end of these Terms of Use, provided, however, that such voluntary termination does not in any way release you from your responsibility to pay all fees associated with your purchased services or content or entitles you to a refund of any payment made to ALMAAZ.

16. Questions ?

    1. If you have any questions regarding these Terms, you can contact us at info@almaaz.app