Terms and Conditions

Last updated: May 17, 2024 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Zyrcled mobile application (“the Service”) operated by Zyrcled Social Group S.L. (“us”, “we”, “us”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, then you may not access the Service.

Eligibility and Age Requirements

• To use our Service, you must be at least 18 years of age.

By accessing or using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

• You have not been charged with or convicted of any felony, sex offense, or any act involving violence or the threat of violence. You have also not been convicted on these grounds, unless you have received a pardon for a non-violent offense and we have assessed that you are not likely to constitute a risk to other users of our services.
• You have not been previously expelled from our Services or from services provided by companies affiliated with us, either by your own decision or that of the affiliates, unless you have received our explicit written authorization to register a new account.
• If at any time you fail to comply with these requirements, you will automatically lose your right to access our Services or systems, and you must immediately delete your account. In addition, we reserve the option to withdraw your access to our Services at any time without prior notice.

You commit not to:

1. Misrepresenting your identity, age or your affiliation with any person or entity;
2. Use the Services in a way that harms or prevents others from using the Services;
3. Interfering with, disrupting or adversely affecting the platform, services or networks connected to our Services;
4. Use our Services for malicious, illegal or harmful purposes, such as using virtual items for activities such as money laundering or other financial crimes;
5. Harass, intimidate, persecute, harass, assault, defame, harm or abuse other users, or cause psychological harm;
6. Disseminating or sharing content that is prohibited;
7. Asking for passwords or personal identifying information for commercial or illegal purposes, or sharing someone’s personal information without their consent;
8. Soliciting money or valuable goods from other users in any form;
9. Use another user’s account;
10. Participating in fraud, pyramid schemes or similar practices;
11. Engaging in political campaign finance or influencing elections, except by sharing your personal political views;
12. Infringe the terms of the license granted by Zyrcled;
13. Disclose private or confidential information without the right to do so;
14. Copy, modify, transmit, distribute or create derivative works of any copyrighted content without the prior written permission of Zyrcled;
15. Suggesting that your statements are supported by Zyrcled without being so;
16. Use robots, spiders, site search/retrieval applications, proxies or other automatic or manual devices to access, retrieve, index, extract data or otherwise alter the navigational structure or presentation of our Services;
17. Upload viruses or other harmful code that compromises the security of our Services;
18. Forging headers or manipulating identifiers to disguise the origin of any information transmitted through our Services;
19. Replicate or use any part of our Services without Zyrcled’s prior written consent;
20. Use metatags or any other “hidden text” that uses Zyrcled names, marks or logos to direct someone to another website for any purpose;
21. Modify, adapt, sublicense, translate, sell, decompile or disassemble any part of our Services;
22. Develop third party applications that interact with our Services or information without our explicit consent;
23. Access, use or publish the Zyrcled programming interface without our explicit permission;
24. Test the vulnerability of our Services or any associated network or system;
25. Encourage or participate in activities that violate these Terms;
26. Create new accounts if we have suspended or terminated your old account, unless you have obtained our explicit permission to do so;

Submit false or misleading reports about the behavior or content of other users, or abuse any reporting or appeals system we offer. If you breach any of these terms, any license or authorization to access our Services will be automatically revoked.

Registration and Account Creation

2.1 In order to enjoy all the features and services we offer, it is necessary for you to register and create a personal account. During the registration process, you will be asked to provide certain personal information, such as your full name, email address and other relevant data. By completing the registration form, you warrant that all information provided is true, accurate, complete and up to date. You also agree to keep your personal information up to date at all times, and you may access your profile to make any necessary changes. 2.2 The privacy and security of your personal information is our priority. All data collected during the registration process will be treated in accordance with our Privacy Policy, which strictly adheres to the principles and obligations set forth in the General Data Protection Regulation (RGPD) and the Organic Law on Data Protection (LOPDGDD) of Spain. By creating an account, you agree and consent to the processing of your personal data as set out in our Privacy Policy. 2.3 As the account holder, you are solely responsible for maintaining the confidentiality of your access credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation. 2.4 We reserve the right to suspend, deactivate or terminate your account if we detect suspicious or fraudulent activity or activity that violates our Terms and Conditions. In addition, we may take appropriate legal action if the information provided during registration is found to be false, inaccurate or incomplete. 2.5 By registering and creating an account, you agree to receive electronic communications related to the Service, including announcements, updates, notifications and administrative messages. You may opt out of receiving certain types of communications by adjusting your preferences in your account settings.

Acceptable Use of the Service

3.1 By accessing and using the Service, you agree and undertake to use the Service only for lawful purposes and in accordance with these Terms and Conditions and all applicable local, national and international laws, rules and regulations. 3.2 In connection with your use of the Service, you agree not to do any of the following:

1. a) Use the Service in any manner that violates, infringes or is contrary to any applicable law, regulation, ordinance or regulation in any jurisdiction.
2. b) exploit, harm, abuse, harass, threaten, harm or attempt to exploit, harm or harm minors in any way, including but not limited to exposure of inappropriate content or solicitation of personal information.
3. c) knowingly sending, receiving, uploading, downloading, using, reusing or transmitting any material, content or information that does not comply with the content standards, policies and rules set forth in these Terms and Conditions.
4. d) Transmit, distribute, send or procure the sending of any unsolicited or unauthorized advertising or commercial communications, including junk mail, spamming, chain letters, mass mailings or any other form of similar solicitation.
5. e) Impersonate other persons or entities, falsify or fraudulently misrepresent your affiliation or affiliation with any individual or entity, or engage in any other fraudulent activity.
6. f) Interfering or attempting to interfere with the proper working of the Service, the servers or networks connected to the Service, or disobeying any requirement, procedure, policy or regulation of the networks connected to the Service.
7. g) Infringe, intentionally or unintentionally, any of the intellectual or industrial property rights of the Company or third parties, including copyrights, trademarks, patents, trade secrets or other proprietary rights.

3.3 We reserve the right, in our sole discretion, to suspend, restrict or terminate your access to and use of the Service at any time and without notice, if we detect or reasonably suspect any breach of these Terms and Conditions.

Intellectual Property

4.1 The Service, including but not limited to its original content, design, functionality, source code, logos, graphics, images, videos, text and any other element that composes it (excluding Content provided by users), is the exclusive property of Zyrcled Social Group S.L. and its licensors, being protected by intellectual property laws, copyright and trademarks applicable both in Spain and internationally. 4.2 The reproduction, distribution, modification, public communication or transformation, in whole or in part, of the Service or any of its elements, without the prior express written consent of Zyrcled Social Group S.L., except as expressly permitted by law, is strictly prohibited. 4.3 The trademarks, trade names, logos and any other distinctive signs displayed on the Service are the property of Zyrcled Social Group S.L. or third parties who have authorized their use. The use of these distinctive signs without the prior express written permission of their owners is prohibited. 4.4 Zyrcled Social Group S.L. reserves all rights to the Service and its content not expressly granted to users in these Terms and Conditions. Users acknowledge and agree that use of the Service does not grant them any ownership rights in the Service or its content. 4.5 In the event that a user detects any infringement of intellectual or industrial property rights in the Service, you must immediately notify Zyrcled Social Group S.L. through the contact channels provided, providing all information and documentation necessary to prove their ownership of the allegedly infringed rights.

User Generated Content

5.1 Our Service allows you to post, link, store, share and make available certain content, including but not limited to profiles, messages, text, images, photos, videos, audio and other material (“User Content”). User Content is your sole responsibility. 5.2 By posting any User Content on our Service, you represent and warrant that:

1. a) You are the original creator and owner of the intellectual property rights in the User Content, or that you otherwise have the right to publish, reproduce, distribute, modify and create derivative works of such User Content.
2. b) The posting and use of User Content on or through the Service does not violate, misappropriate or infringe the privacy, publicity, intellectual property or other proprietary rights of any third party.
3. c) You agree to pay all royalties, fees and any other amounts due in connection with User Content you post on or through the Service.

5.3 User Content that you post, upload, link or display shall be subject to the limitations set forth in these Terms and Conditions. 5.4 Notwithstanding the foregoing, we reserve the right to review, monitor, edit, remove, delete, move or modify any User Content, in our sole discretion, at any time and for any reason, without prior notice. We have no obligation to monitor User Content. 5.5 You are expressly prohibited from posting or transmitting through the Service any User Content that is unlawful, defamatory, libelous, defamatory, libelous, obscene, pornographic, profane, threatening, abusive, offensive, fraudulent, deceptive, invasive of another’s privacy or otherwise objectionable. 5.6 We shall not be responsible for the accuracy, integrity or quality of User Content, nor do we endorse or support any opinion contained in any User Content. You understand and agree that by using the Service, you may be exposed to User Content that may be offensive, indecent or objectionable. 5.7 We may, but are not obligated to, review, monitor or remove User Content, in our sole discretion, at any time and for any reason, without prior notice.

In summary:

1. You are fully responsible for your content on Zyrcled. Make sure you do not share anything that you do not want others to see, that violates the rules, or that may result in legal liability for both you and us.
2. You must indemnify and hold us harmless from any claims relating to your content. Please ensure that the information you provide is accurate and up to date, including data obtained from third parties.
3. Your profile, which will be visible worldwide, must adhere to Zyrcled’s community standards and must not include personal or financial contact details. Any disclosure of personal information is at your own risk.
4. By uploading content, you warrant that you have all necessary rights and grant us a license to use it. Be careful what you choose to share, as other users may view and share it.
5. We may review your content and have the right to modify or restrict access to it at any time. We are not obligated to maintain or display your content.

User Conduct and Liability

6.1 As a user of our Service, you are solely responsible for your interactions and communications with other users. By using our platform, you agree to maintain respectful, courteous and appropriate behavior at all times. 6.2 It is strictly forbidden to harass, intimidate, threaten or cause any kind of harm or damage to other users of the Service, either directly or indirectly. You also agree to use the Service only for lawful and authorized purposes, respecting at all times the applicable laws and regulations. 6.3 In Zyrcled Social Group S.L. we take very seriously the safety and welfare of our users. Therefore, we reserve the right to investigate and take any legal action we deem appropriate in response to any report, complaint or complaint received about your conduct on the Service. We will cooperate fully with the appropriate authorities as necessary. 6.4 As a user, you will have access to content shared by other users on Zyrcled. However, it is important for you to understand that this content belongs exclusively to its respective authors and does not grant you any ownership rights over it. You may only use such content in accordance with these terms and conditions, and exclusively within the scope and functionalities provided by our Service. 6.5 The content posted by users is stored on our servers under your direction and responsibility. Zyrcled Social Group S.L. is not responsible for the accuracy, truthfulness or legality of such content. As a user, it is your responsibility to independently review and verify the information you access, being aware that it may contain errors, inaccuracies or even be misleading. Users are solely responsible for the content they share and the decisions they make based on it. 6.6 It is expressly forbidden to copy, reproduce, modify, distribute, sell or use the content generated by other users for purposes unrelated to the services provided by Zyrcled. Our services are intended to facilitate interaction and mutual knowledge between users, and shared content should only be used within these limits. 6.7 We do not tolerate under any circumstances the inappropriate use of other users’ content, including but not limited to: copying or using such content for commercial purposes without authorization, sending spam, harassing, making threats or any other activity that may be harmful to users or to Zyrcled Social Group S.L. 6.8 We reserve the right to cancel or suspend your user account immediately and without notice if we detect that you are inappropriately using content generated by other users, thus violating these terms and conditions. In the event of termination or suspension, you will not be entitled to any compensation or refund.

Account Termination

7.1 We reserve the right to immediately terminate or suspend your access to and use of the Service, without notice or liability, for any reason we deem appropriate, including, without limitation, the following:

1. a) If you breach these Terms and Conditions or any other policies or terms applicable to the Service.
2. b) If we believe that your conduct may give rise to legal liability for you, for us or for other users.
3. c) If your account is used for fraudulent, illegal or unauthorized activities.
4. d) If the provision of the Service ceases to be commercially viable.

7.2 We may also terminate or suspend the Service generally by giving you reasonable notice by the means of contact provided. In such an event, we will provide you with an adequate period of time to export your data and content off our platforms. 7.3 In the event of termination, either by you or by us, your right to use the Service will cease immediately. All terms that by their nature should survive termination, including but not limited to intellectual property, disclaimer of warranties, indemnification and limitations of liability, will survive termination. 7.4 If you wish to terminate your account, you may do so at any time by ceasing to use the Service and requesting termination through the contact channels provided. Please note that termination of your account does not release you from any liability you may have incurred while using the Service. 7.5 We reserve the right to recover your username after a prolonged period of inactivity, if we deem it necessary.

Limitation of Liability

8.1 Zyrcled Social Group S.L., its directors, employees, partners, agents, suppliers and affiliates shall not be liable, under any circumstances, for indirect, incidental, special, consequential, punitive or exemplary damages arising from the use or inability to use the Service, including, but not limited to, loss of profits, data, use, goodwill or other intangible losses, even if Zyrcled Social Group S.L. has been advised of the possibility of such damages. 8.2 The total liability of Zyrcled Social Group S.L. for all claims and damages related to the Service, whether in contract, tort or any other legal theory, shall not exceed, in any case, the total amount paid by the user to Zyrcled Social Group S.L. for the use of the Service during the 12 months immediately preceding the date on which the claim arose. 8.3 In connection with payments made through the Service, including micropayments for specific features and monthly premium subscriptions, Zyrcled Social Group S.L. shall not be liable for any loss or damage resulting from: (i) unauthorized use of your payment method; (ii) errors, delays or interruptions in the processing of payments; or (iii) offers or promotions provided by third parties in connection with the Service. 8.4 Zyrcled is committed to maintaining a safe, respectful and positive community. We do not tolerate any inappropriate, illegal, defamatory, harassing, abusive, obscene, threatening or discriminatory content or behavior, whether on or off our platform, including services operated by our partners. Users are responsible for all content they post and interactions they have with other members. We reserve the right to investigate and take appropriate action, including removing content and suspending or terminating user accounts, in response to any violation of these Terms and Conditions or our policies. 8.5 We encourage all users to report any inappropriate content or conduct using the tools provided on the Service, such as the “Report Profile” link located on user profiles, in the messaging section or in the contact section on the Web. Our support team will review each report in a timely manner and will take appropriate action to address any violations of our policies, with the goal of maintaining a safe and welcoming online environment for all Zyrcled users.

8.B RIGHTS YOU GRANT TO ZYRCLED

All content you share on Zyrcled belongs to you, but by creating an account with us, you grant us certain rights to use it in accordance with this Agreement. By registering with Zyrcled, you grant us a global, perpetual, transferable, sub-licensable, royalty-free license to store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and make available to the public Your Content, in whole or in part, in any form, format or medium now known or hereafter developed. This includes any information you allow us to access from other third party sources. Zyrcled’s license to Your Content will be non-exclusive, but we will have an exclusive license to derivative works created through the use of our Services, such as screenshots that include Your Content. In addition, to protect Your Content from unauthorized use outside of our Services, you authorize us to act on your behalf against infringement by other users or third parties. This may include sending takedown notices under the DMCA on your behalf if Your Content is misused outside of Zyrcled, although we are not obligated to take any action. Your rights under applicable data protection laws limit our license to the personal information contained in Your Content. In exchange for access to our Services, you agree that Zyrcled, our affiliates and partners may display advertising in the app. By submitting suggestions or comments to us, you agree that we may use and share them for any purpose without compensation. You agree that Zyrcled may access, preserve and disclose your account information and Your Content if required to do so by law or in the good faith belief that such action is necessary to: comply with legal process; enforce these Terms; respond to claims of infringement; respond to your requests for customer service; protect the rights, property or safety of Zyrcled or others; or investigate and take action regarding illegal activity, suspected fraud or other crimes.

Disclaimer of Liability

9.1 Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Zyrcled Social Group S.L. does not warrant that the Service will meet your specific expectations or requirements. 9.2 Zyrcled Social Group S.L. makes no representation or warranty that:

1. a) The Service will be uninterrupted, secure, timely, accurate or available at any particular time or location. Interruptions, delays, errors or unavailability of the Service may occur for various reasons.
2. b) Any errors, defects, bugs or inaccuracies in the content or functionality of the Service will necessarily be corrected, although we strive to fix problems that we detect or that are brought to our attention.
3. c) The Service is completely free of viruses, malware or other potentially harmful components, although we implement security measures to protect the platform and our users.
4. d) The results, information or data obtained from the use of the Service will necessarily meet your requirements or be completely accurate, up-to-date, reliable or useful for your particular purposes.

9.3 In no event shall Zyrcled Social Group S.L., its affiliates, directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, use, goodwill or other intangible losses, resulting from:

1. a) Your access to or use of, or inability to access or use, the Service.
2. b) Any conduct or content of third parties on the Service.
3. c) Content obtained from the Service.
4. d) Unauthorized access to, use or alteration of your transmissions or content

Applicable Law

10.1 These Terms and Conditions shall be governed by and construed in accordance with current Spanish law, including but not limited to Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). 10.2 Any controversy, dispute or claim that may arise from the interpretation, application or enforcement of these Terms and Conditions, or related to them, directly or indirectly, shall be subject to the exclusive jurisdiction of the competent courts and tribunals in accordance with the applicable Spanish legislation. 10.3 In the event that any provision of these Terms and Conditions is declared void, invalid or unenforceable, either in whole or in part, this shall not affect the validity or enforceability of the remaining provisions. The affected provision or part thereof shall be construed in accordance with applicable law, and shall be replaced by another valid and enforceable provision which, being in accordance with law, is as close as possible to the original intent of the invalid, void or unenforceable provision or part. 10.4 Our failure to act or delay in exercising any right, power or privilege under these Terms and Conditions shall not be deemed a waiver thereof, nor shall it preclude any other or further exercise thereof or the exercise of any other right, power or privilege available to us. The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any other rights or remedies provided by law.

Changes to Terms and Conditions

11.1 Zyrcled Social Group S.L., reserves the right to modify, update, add or remove portions of these Terms and Conditions at any time and at its sole discretion, to reflect changes in our Service, our business, our business practices or changes in applicable law. 11.2 When we make material changes to these Terms and Conditions, we will notify you by posting a notice on our Service or by sending you a notification via the contact details you have provided to us (for example, by email, push notification or in-app message) at least 30 calendar days prior to the effective date of the new Terms and Conditions. 11.3 What constitutes a material change will be determined at our sole discretion, but will generally include significant changes to the rights or obligations of the parties. 11.4 If you do not agree to the modified Terms and Conditions, you may unsubscribe from the Service and discontinue using the Service. By continuing to access or use our Service after such revisions become effective, you acknowledge and agree to be bound by the revised Terms and Conditions. 11.5 We recommend that you periodically review these Terms and Conditions to be informed of any changes. The date of the last revision will be indicated at the beginning of the document. This version expands on the original clause, better detailing the process for notifying changes, what is considered a material change, the user’s options in case of disagreement with the modifications, and the recommendation to periodically review the terms. It complies with the requirements of the RGPD and the LOPDGDD regarding transparency and information to users about changes in the terms of service.

Contact

If you have any questions about these Terms and Conditions, please contact us:

1. • By e-mail: contacto@zyrcled.com