Terms and Conditions

Updated on 06-09-2023

INTRODUCTION

Welcome to Kwetzal App, Inc. (“Company,” “we,” “our,” or “us”). By accessing our web pages located at https://kwetzal.com (the “Website”) and utilizing our services (the “Service”), you are entering into a binding agreement with us, subject to the following terms and conditions (the “Terms of Service”).

Before proceeding, we kindly request that you take a moment to carefully review the Terms of Service. We anticipate that the review will require approximately 5 minutes of your time. Your use of the Website and Service signifies your acceptance of these Terms of Service, as well as our Privacy Policy, which outlines how we collect, protect, and disclose information resulting from your use of the Website. To familiarize yourself with our Privacy Policy, please refer to the following link: https://kwetzal.com/privacy.

By agreeing to these Terms of Service, you confirm that you have read, understood, and agreed to be bound by both the Terms of Service and the Privacy Policy (collectively referred to as the “Agreements”).

If you do not agree with or are unable to comply with the Agreements outlined above, we regret to inform you that you may not use the Service. However, we encourage you to reach out to us at support@kwetzal.com so that we may attempt to find a mutually agreeable resolution. It is important to note that these Terms of Service are applicable to all visitors, users, and any other individuals seeking to access or utilize the Service.

We sincerely appreciate your responsible approach in reviewing these terms.

COMMUNICATIONS

By creating an Account on our Service, you hereby consent to receiving newsletters, marketing or promotional materials, and other relevant information that we may send. However, we understand and respect your right to control your communication preferences. Therefore, should you wish to discontinue receiving any or all of these communications from us, you may exercise your option to unsubscribe by following the instructions provided in the email or by notifying us via email at support@kwetzal.com

PURCHASES

In order to proceed with a purchase (“Purchase”) of any product or service made available through our Service, you may be required to provide certain information that is relevant to your Purchase. This information may include, but is not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By making a Purchase, you represent and warrant that: (i) you possess the legal right to utilize any credit card(s) or other payment method(s) in connection with the Purchase; and (ii) the information you provide to us is accurate, truthful, and complete.

To facilitate the payment and fulfillment of Purchases, we may engage the services of third-party providers. By submitting your information, you grant us the right to disclose such information to these third parties, subject to the terms outlined in our Privacy Policy.

Please be advised that we reserve the right to refuse or cancel your order at any time, for reasons including, but not limited to, product or service unavailability, errors in product or service descriptions or pricing, inaccuracies in your order, or other relevant factors.

Furthermore, we retain the right to modify the number of words charged for input or output, as well as to impose usage restrictions per hour. These modifications will be implemented in accordance with our model’s capacity, with the intention of protecting the interests of all users and ensuring fair access to the service. This measure is undertaken to provide equal opportunities to all users and uphold the quality of our service.

Lastly, please note that we reserve the right to refuse or cancel your order if we suspect fraud, unauthorized activity, or any other illegal transaction.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Certain offerings such as contests, sweepstakes, or other promotional activities (“Promotions”) that are made available through our Service may be subject to specific rules and regulations that are distinct from these Terms of Service. In the event of your participation in any Promotions, we kindly advise you to thoroughly review the applicable rules, as well as our Privacy Policy. Should any discrepancies arise between the rules governing a Promotion and these Terms of Service, the rules specific to the Promotion shall take precedence.

SUBSCRIPTIONS

Certain components of our Service are subject to subscription-based billing (“Subscriptions”). Under this model, you will be charged in advance on a recurring and periodic basis (“Billing Cycle”). The frequency of Billing Cycles, either monthly or annually, is contingent upon the subscription plan you select during the purchase of a Subscription.

At the conclusion of each Billing Cycle, your Subscription will automatically renew under identical terms and conditions, unless either you or Kwetzal App, Inc. opt to cancel it. You have the option to cancel the automatic renewal of your Subscription by accessing your online account management page or by reaching out to the customer support team at Kwetzal App, Inc.

To process the payment for your subscription, a valid payment method, such as a credit card or PayPal, is required. It is your responsibility to furnish Kwetzal App, Inc. with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment method details. By submitting such payment information, you authorize Kwetzal App, Inc. to automatically charge all Subscription fees incurred through your account to the designated payment instrument.

In the event that automatic billing fails due to any reason, Kwetzal App, Inc. will issue an electronic invoice, notifying you of the need to make a manual payment in full, within a specified deadline, corresponding to the billing period indicated on the invoice.

FREE TO USE

At its sole discretion, Kwetzal App, Inc. may provide users with the opportunity to access a Subscription plan that includes a free usage period (“Free to Use”).

To initiate the Free to Use period, it may be necessary for you to provide your billing information during the registration process.

During the Free to Use period, Kwetzal App, Inc. will not charge any fees. Only upon the expiration of the Free to Use period, unless you have previously canceled your Subscription, will you be automatically charged the applicable Subscription fees for the selected Subscription type.

Please note that Kwetzal App, Inc. reserves the right to modify the Terms of Service pertaining to the Free to Use offer, or to cancel the Free to Use offer entirely, at any time and without prior notice.

FEE MODIFICATIONS

In its exclusive discretion, Kwetzal App, Inc. retains the right to modify the fees associated with Subscriptions at any time. Any changes to Subscription fees shall take effect upon the conclusion of the ongoing Billing Cycle.

Moreover, Kwetzal App, Inc. reserves the right to modify the Terms of Service governing the Free to Use offer or to terminate the Free to Use offer altogether, without prior notice.

Please be aware that your continued use of the Service subsequent to the implementation of any Subscription fee modifications implies your acceptance and commitment to remit payment for the revised Subscription fee amount.

REFUNDS

Refunds for Contracts are granted within a period of seven (7) days from the initial purchase, provided that the cumulative word usage does not exceed 50 posts on Social Media plateforms.

PROHIBITED USES

The use of the Service is restricted to lawful purposes and must be conducted in accordance with the Terms. You are expressly prohibited from utilizing the Service:

  1. In any manner that contravenes applicable national or international laws or regulations.
  2. With the intention of exploiting, harming, or engaging in any conduct that may expose minors to inappropriate content or otherwise cause harm to them.
  3. To transmit or facilitate the transmission of any advertising or promotional materials, including but not limited to “junk mail,” “chain letters,” “spam,” or any similar solicitations.
  4. To impersonate, or make attempts to impersonate, the Company, a Company employee, another user, or any other individual or entity.
  5. In a manner that infringes upon the rights of others, or that is otherwise unlawful, threatening, fraudulent, or harmful, or that is connected with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any behavior that restricts or inhibits the use or enjoyment of the Service by others, or that, as determined by us, may harm or offend the Company, users of the Service, or expose them to liability.

Furthermore, our AI service provider, “Open AI,” strictly prohibits the generation of sexual, religious, and political content. Therefore, you are explicitly forbidden from generating any content of such nature. In the event of any inadvertent attempt to generate such content, the system will issue an “Unsafe Content” error message as a final warning. Any subsequent attempt to generate such content will result in the cancellation of your subscription, debarring you from further use of our services, with no refunds issued.

Additionally, you agree not to:

  1. Utilize the Service in any manner that could disable, overburden, damage, or impair its functionality or interfere with the use of the Service by any other party, including their real-time activities through the Service.
  2. Employ any robot, spider, or other automatic device, process, or means to access the Service, including monitoring or copying any material available on the Service.
  3. Employ any manual process to monitor or copy material from the Service or engage in any unauthorized activity without obtaining our prior written consent.
  4. Employ any device, software, or routine that interferes with the proper functioning of the Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which it is stored, or any server, computer, or database connected to the Service.
  7. Launch a denial-of-service attack or a distributed denial-of-service attack against the Service.
  8. Take any action that may damage or falsify the Company’s rating.
  9. Otherwise attempt to interfere with the proper operation of the Service.
 

THIRD-PARTY SERVICE PROVIDERS

In order to monitor and analyze the usage of our Service, we may engage the services of third-party Service Providers.

  • Google Analytics

Google Analytics, a web analytics service provided by Google, is utilized to track and report website traffic. The data collected by Google Analytics is used to monitor and analyze the usage of our Service, and may be shared with other Google services. Google may employ this data to personalize and contextualize advertisements within its advertising network.

For detailed information regarding Google’s privacy practices, we encourage you to review the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Furthermore, please familiarize yourself with Google’s data protection policy to understand how your data is safeguarded: https://support.google.com/analytics/answer/6004245

  • Mixpanel

Mixpanel, provided by Mixpanel Inc., is an additional analytics service used for our Service.

If you wish to prevent Mixpanel from utilizing your information for analytics purposes, you have the option to opt-out. Please visit the following page to exercise this opt-out feature: https://mixpanel.com/optout/

For comprehensive information on the types of data collected by Mixpanel, we recommend reviewing the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

AGE RESTRICTION

The Service is exclusively intended for individuals who are at least eighteen (18) years old. By accessing or using any aspect of the Company’s Service, you affirm and guarantee that you meet the minimum age requirement of eighteen (18) years and possess the full authority, right, and capacity to enter into this agreement and comply with all the terms and conditions outlined in these Terms. If you are below the age of eighteen (18), you are expressly prohibited from accessing or using the Service in any capacity.

ACCOUNT RESPONSIBILITIES

By creating an account with us, you affirm that you are at least 18 years of age and warrant that the information provided during the account creation process is accurate, complete, and up-to-date at all times. Any inaccuracies, incompleteness, or outdated information may lead to immediate termination of your account on the Service.

You are solely responsible for maintaining the confidentiality of your account and password. This includes, but is not limited to, restricting access to your computer and/or account. You agree to assume responsibility for all activities and actions that occur under your account and/or password, regardless of whether the password is used for our Service or a third-party service. In the event of any security breach or unauthorized use of your account, you must promptly notify us.

It is prohibited to use a username that belongs to another person or entity or is not lawfully available for use. Additionally, you may not use a name or trademark that is subject to the rights of any other person or entity, unless you possess appropriate authorization. Furthermore, offensive, vulgar, or obscene usernames are strictly prohibited.

We retain the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

The Service, including its original content (excluding any Content provided by users), features, and functionality, is and shall remain the exclusive property of Kwetzal App, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Any unauthorized use, reproduction, or distribution of the Service may violate these laws.

The trademarks and trade dress associated with the Service are the sole property of Kwetzal App, Inc. and may not be used in connection with any product or service without the prior written consent of Kwetzal App, Inc.

By using the Service, you acknowledge and agree that all intellectual property rights pertaining to the Service and its components are owned by Kwetzal App, Inc. and its licensors.

COPYRIGHT POLICY

At Kwetzal App, Inc., we are committed to respecting the intellectual property rights of others. We have established a policy to promptly respond to claims of copyright infringement (“Infringement”) regarding any Content posted on our Service.

If you are a copyright owner or authorized representative and believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please send an email to support@kwetzal.com with the subject line: “Copyright Infringement.” In your claim, please provide a detailed description of the alleged Infringement as outlined below in the “DMCA Notice and Procedure for Copyright Infringement Claims.”

Please note that misrepresentations or bad-faith claims regarding the infringement of Content on our Service may result in your liability for damages, including costs and attorneys’ fees.

DMCA Notice and Procedure for Copyright Infringement Claims:

If you believe that your copyrighted work has been infringed upon, you must provide us with a written notice that includes the following information:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Your contact information, including your full name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Upon receipt of a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also notify the user who posted the allegedly infringing material and provide them with an opportunity to submit a counter-notification.

Please be aware that we may share the information provided in the DMCA notice with the user who posted the allegedly infringing material and other relevant parties.

ERROR REPORTING AND FEEDBACK

At Kwetzal App, Inc., we appreciate your valuable input and encourage you to provide us with information and feedback regarding errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You can share your Feedback directly with us at support@kwetzal.com or through third-party sites and tools.

By providing Feedback, you acknowledge and agree to the following:

Intellectual Property Rights: You do not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback.
Development Ideas: Kwetzal App, Inc. may have similar development ideas or concepts as the Feedback you provide.
Confidentiality: The Feedback you provide does not contain confidential or proprietary information from you or any third party, and Kwetzal App, Inc. is not under any obligation of confidentiality regarding the Feedback.
Ownership and Usage Rights: If applicable laws permit the transfer of ownership of the Feedback, you grant Kwetzal App, Inc. and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose, including but not limited to copying, modifying, creating derivative works, publishing, distributing, and commercializing the Feedback.
Please note that the third-party sites and tools mentioned above include Sentry, an open-source error tracking solution provided by Functional Software Inc. You can find more information about Sentry’s privacy practices at the following link: https://sentry.io/privacy/

We value your feedback and assure you that we will carefully consider and evaluate all Feedback received to improve our Service. Thank you for your contributions.

DISCLAIMER OF WARRANTY

The services provided by Kwetzal App, Inc. are offered on an “as is” and “as available” basis. Kwetzal App, Inc. makes no representations or warranties of any kind, express or implied, regarding the operation of the services or the information, content, or materials included therein. You expressly acknowledge and agree that your use of these services, their content, and any services or items obtained from Kwetzal App, Inc. is at your sole risk.

Neither Kwetzal App, Inc. nor any person associated with Kwetzal App, Inc. makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, Kwetzal App, Inc. and its affiliates do not represent or warrant that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted. They do not guarantee that defects will be corrected, that the services or the server that makes them available are free of viruses or other harmful components, or that the services or any services or items obtained through the services will meet your needs or expectations.

Kwetzal App, Inc. hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

The above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Kwetzal App. Inc, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners from any third-party claim that may arise directly or indirectly from (a) your breach of the Terms, (b) your utilization of the Service, or (c) your violation of applicable laws, rules, or regulations in relation to the Service. This indemnification includes any liability or expenses arising from all types of claims, losses, damages (both actual and consequential), suits, judgments, litigation costs, and attorneys’ fees.

In the event of such a claim, suit, or action, Kwetzal App. Inc will provide you with written notice thereof.

LIMITATION OF LIABILITY

Except as prohibited by law, you agree to hold Kwetzal App, Inc. and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damages arising from or in connection with this agreement, including but not limited to any claim for personal injury or property damage, even if Kwetzal App, Inc. has been advised of the possibility of such damages. This includes any damages resulting from your violation of any federal, state, or local laws, statutes, rules, or regulations. In no event will Kwetzal App, Inc.’s liability, if found, exceed the amount paid for the products and/or services. Please note that some states may not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

TERMINATION

Kwetzal App, Inc. reserves the right to terminate or suspend your account and bar access to the service at any time, without prior notice or liability, under its sole discretion, for any reason, including a breach of the terms.

If you wish to terminate your account, you may simply discontinue using the service. Kwetzal App, Inc. also reserves the right to terminate or suspend your account and bar access to the service at any time, without prior notice or liability, under its sole discretion, for any reason, including a breach of the terms.

GOVERNING LAW

The Terms of Service shall be considered to have been entered into, and shall be construed and enforced, in accordance with the laws of France as applied to contracts made and performed entirely within Paris, without giving effect to any conflicts of law provisions. Any controversy, dispute, or claim arising out of or relating to the Terms, the Privacy Policy, or the Service shall be resolved through final and binding arbitration to be conducted by an arbitration tribunal located in Paris. All disputes that you may have with Kwetzal App. Inc shall be resolved on an individual basis, without resorting to any form of class action.

CHANGES TO SERVICE

Kwetzal App, Inc. reserves the right to withdraw or amend the service, and any service or material provided, in its sole discretion without notice. Kwetzal App, Inc. will not be liable if any part of the service becomes unavailable at any time or for any period. Kwetzal App, Inc. may also restrict access to certain parts of the service or the entire service to users, including registered users, as deemed necessary.

AMENDMENTS TO TERMS

Kwetzal App, Inc. may amend these Terms at any time by posting the amended terms on its website. It is your responsibility to review these Terms periodically.
Your continued use of the service after any revisions become effective constitutes your acceptance and agreement to the changes. You are expected to check the website frequently to stay informed about any changes, as they are binding.
If you do not agree to the revised terms, you are no longer authorized to use the service.

WAIVER AND SEVERABILITY

No waiver by Kwetzal App, Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Furthermore, any failure of Kwetzal App, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

ACKNOWLEDGMENT

By using the service or other services provided by Kwetzal App, Inc., you acknowledge that you have read these terms of service and agree to be bound by them.

CONTACT

Please contact us if you have any feedback, comments, or technical support requests:

By email: support@kwetzal.com