Termes et Conditions

Dernière mise à jour: Jun 28, 2021

Bienvenue et merci de votre intérêt pour App Sorteos, Inc. ("App Sorteos," "nous" ou "nos") et notre site web à APP-SORTEOS.COM, ainsi que nos sites web connexes, réseaux, applications, applications mobiles et autres services que nous fournissons (collectivement, le "Service"). Ces Conditions d'Utilisation constituent un contrat légalement contraignant entre vous et App Sorteos concernant votre utilisation du Service.

Veuillez lire attentivement les termes suivants

EN CLIQUANT SUR "J'ACCEPTE," OU EN TÉLÉCHARGEANT, INSTALLANT, OU EN ACCÉDANT DE TOUTE AUTRE MANIÈRE OU EN UTILISANT LE SERVICE, VOUS RECONNAISSEZ AVOIR LU ET COMPRIS, ET, EN TANT QUE CONDITION À VOTRE UTILISATION DU SERVICE, VOUS ACCEPTEZ D'ÊTRE LIÉ PAR, LES TERMES ET CONDITIONS SUIVANTS, Y COMPRIS LA POLITIQUE DE CONFIDENTIALITÉ D'APP SORTEOS ET TOUTES LES CONDITIONS ET POLITIQUES ADDITIONNELLES QU'APP SORTEOS PEUT FOURNIR DE TEMPS À AUTRE (ENSEMBLE, CES "TERMES"). Si vous n'êtes pas éligible, ou si vous n'acceptez pas les Conditions, vous n'avez pas notre autorisation d'utiliser le Service. VOTRE UTILISATION DU SERVICE, ET LA FOURNITURE DU SERVICE PAR APP SORTEOS, CONSTITUE UN ACCORD ENTRE App Sorteos ET VOUS POUR ÊTRE LIÉ PAR CES TERMES.

Veuillez lire attentivement la Politique de Confidentialité d'App Sorteos pour des informations relatives à notre collecte, utilisation, stockage, divulgation de vos informations personnelles. La Politique de Confidentialité d'App Sorteos est incorporée par référence dans, et fait partie de, ces Conditions.

Arbitration notice

Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND App Sorteos ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).

1. App Sorteos Service Overview

The Service provides a digital marketing management tool that enables users to create and manage social media contests.

2. Eligibility

You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]

4. General Payment Terms

Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

4.1 Price

App Sorteos reserves the right to determine pricing for the Service. App Sorteos will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://app-sorteos.com/en/plans. App Sorteos may change the fees for any feature of the Service, including additional fees or charges, if App Sorteos gives you advance notice of changes before they apply. App Sorteos, at its sole discretion, may make promotional offers with different features and different pricing to any of App Sorteos’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize App Sorteos to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by App Sorteos, to the payment method specified in your account. If you pay any fees with a credit card, App Sorteos may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3 Subscription Service and Cancellation Policy

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize App Sorteos to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: www.app-sorteos.com/settings/billing and clicking on the "Cancel Plan" option or by contacting us at: [email protected]

Seasonal discounts can be applied on subscription plans that information is available on the https://app-sorteos.com/en/plans page. These seasonal discounts can be applied to the user plans automatically during the first subscription or they can be entered manually during the periods allowed by the system. For instance, for a package subscription of 14 USD, discounted subscriptions can be started with a pricing of 9 USD and valid for 1 month. If the discount amount is for 1 month, the user continues to pay for the plans to which he is a subscriber, without discount. App Sorteos added automatic discount coupons to the system between 01.02.2022 - 01.04.2022. Subscribers can start their subscriptions through the discounted plans.

4.4 Delinquent Accounts

App Sorteos may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5. Licenses

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, App Sorteos grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant App Sorteos an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6. Ownership; Proprietary Rights

The Service is owned and operated by App Sorteos. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by App Sorteos are protected by intellectual property and other laws. All Materials included in the Service are the property of App Sorteos or its third party licensors. Except as expressly authorized by App Sorteos, you may not make use of the Materials. App Sorteos reserves all rights to the Materials not granted expressly in these Terms.

7. Third Party Terms

7.1 Third Party Services and Linked Websites

App Sorteos provides tools through the Service that enable you to import and export information, including User Contest, to and from third party services, including through features that allow you to link your account on App Sorteos with an account on a third party digital marketing platforms, such as Facebook Ads or Google Ads. By using one of these tools, you agree that App Sorteos may transfer that information to and from the applicable third party service. Third party services are not under App Sorteos’s control, and App Sorteos is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under App Sorteos’s control, and App Sorteos is not responsible for their Contest.

7.2 Third Party Software

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

8. User Contest

8.1 Limited License Grant to Other Users

By providing User Contest to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Contest as permitted by these Terms and the functionality of the Service.

8.2 User Contest Representations and Warranties

App Sorteos disclaims any and all liability in connection with User Contest. You are solely responsible for your User Contest and the consequences of providing User Contest via the Service. By providing User Contest via the Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Contest, or have the necessary licenses, rights, consents, and permissions to authorize App Sorteos and users of the Service to use and distribute your User Contest as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by App Sorteos, the Service, and these Terms;

b) your User Contest, and the use of your User Contest as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause App Sorteos to violate any law or regulation; and

c) your User Contest could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Contest does not and will not contain Hateful Contest, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of Contest that fall within the scope of App Sorteos’s policy on Hateful Contest, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Contest may not include, and App Sorteos may remove or refuse to create or manage any User Contest that violates the terms or policies of any third party platform with which App Sorteos’s Services integrate or interoperate.

Hateful Contest includes:

Any statement, image, photograph, or other Contest that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.

A Threat of Physical Harm includes:

Any statement, photograph, content, or other Contest that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures.

Harassment includes:

• Revealing someone’s personal information, also known as “doxxing”. • Online stalking, and bullying. • Wishes for physical harm directed at a person or persons. • Incitement of others to any of the previous items. We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Contest, a Threat of Physical Harm, or Harassment. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: • An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Contest, Harassment, or A Threat of Physical Harm. • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Contest, Harassment, or A Threat of Physical Harm. Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Contest we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

8.3 User Contest Disclaimer

We are under no obligation to edit or control User Contest that you or other users create or publish, and will not be in any way responsible or liable for User Contest. App Sorteos may, however, at any time and without prior notice, screen, remove, edit, or block any User Contest that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Contest from a variety of sources and acknowledge that User Contest may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against App Sorteos with respect to User Contest. If notified by a user or Contest owner that User Contest allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Contest, which we reserve the right to do at any time and without notice. For clarity, App Sorteos does not permit copyright-infringing activities on the Service.

8.4 Monitoring Contest

App Sorteos does not control and does not have any obligation to monitor: (a) User Contest; (ii) any Contest made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that App Sorteos reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time App Sorteos chooses to monitor the Contest, App Sorteos still assumes no responsibility or liability for Contest or any loss or damage incurred as a result of the use of Contest. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law; • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Contest; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference; • modify or create derivatives of any part of the Service; • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; • take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of App Sorteos’s systems or networks, or any systems or networks connected to the Service or App Sorteos; • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or • attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Term, Termination and Modification of the Service

11.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section

11.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, App Sorteos may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at [email protected]

11.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay App Sorteos any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14 and 15 will survive.

11.4 Modification of the Service

App Sorteos reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. App Sorteos will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.

12. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify App Sorteos and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “App Sorteos Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND Contest AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. App Sorteos DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND Contest AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. App SorteosDOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR Contest OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND App Sorteos DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR App Sorteos ENTITIES OR ANY MATERIALS OR Contest AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE App Sorteos ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER Contest.

HOWEVER, App Sorteos DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT App Sorteos IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE App Sorteos ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR Contest ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY App Sorteos ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE App Sorteos ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO App Sorteos FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $230. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and App Sorteos regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

15.1 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15.2 Contact Information

You may contact by emailing us at [email protected]