Pary App Terms of Service/User Agreement

1. Introduction

1.1. Scope of Agreement

This Terms of Service/User Agreement (hereinafter, the "Agreement") is entered into by and between you (the "User") and Pary App (hereinafter, the "Company"), and governs the rights and responsibilities of the User related to the Company's mobile application designed to facilitate the creation and discovery of private and public events and parties, including the sale of tickets and consumables (hereinafter, the "Service").

2. User Rights and Responsibilities

2.1. Registration and Account Information

The User shall register and create an account in order to use the Service. The User is responsible for maintaining the accuracy, consistency, and confidentiality of the provided information, including but not limited to personal and public data, images, and locations.

2.2. Content Guidelines

The User shall comply with the content guidelines established by the Company. The User is prohibited from sharing content that is illegal, threatening, harassing, defamatory, explicit, or infringes on the rights of others. The Company reserves the right to remove any content that violates these guidelines and terminate the User’s access to the Service without notice.

2.3. Payment and Fees

The User shall pay the fees established by the Company in order to access certain features of the Service, such as offering ticket sales and consumable items. Fees will be invoiced and collected by the Company on a monthly basis. The User agrees to pay all amounts due in accordance with the stated billing terms.

2.4. Compliance with Laws

The User shall comply with all applicable laws and regulations in their use of the Service, including but not limited to Chilean laws. The User shall not engage in any conduct that could lead to legal sanctions, fines, or penalties.

2.5. Limited License

Subject to the User's compliance with the terms of this Agreement, the Company grants the User a non-exclusive, revocable, non-transferable, limited license to access and use the Service.

3. Content Guidelines

3.1. Prohibited Content

Users are prohibited from sharing, displaying, or promoting the following types of content on the Service:

• 3.1.1. Content that is racist, sexist, discriminatory, or otherwise offensive in nature;
• 3.1.2. Content that promotes violence or terrorism;
• 3.1.3. Content that contains explicit material or sexually suggestive content;
• 3.1.4. Content that constitutes or encourages any illegal activity, including but not limited to the use of drugs, theft, or fraud;
• 3.1.5. Content that infringes on the intellectual property rights, privacy rights, or any other rights of any person or entity.

3.2. Company's Right to Remove Content

The Company reserves the right, in its sole discretion, to remove any content that violates these guidelines, notify appropriate authorities, and/or terminate the User's access to the Service without notice.

4. Dispute Resolution

4.1. Notification of Disputes

If a dispute arises between the User and the Company under this Agreement, the User shall notify the Company in writing of the dispute within thirty (30) days after becoming aware of the dispute. The Company shall respond to the notice within a reasonable period of time, and the parties shall engage in good faith negotiations to resolve the dispute.

4.2. Arbitration

If the parties fail to resolve the dispute within sixty (60) days after the date of the initial notification, either party may submit the dispute to arbitration in accordance with the Arbitration Rules of the Santiago Chamber of Commerce (Centro de Arbitraje y Mediación). The arbitration will take place in Santiago, Chile, and the prevailing party in the arbitration will be entitled to recover reasonable attorneys' fees and costs.

4.3. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Chile. In the event that any dispute arising from or in connection with this Agreement cannot be resolved through arbitration as provided herein, such dispute shall be subject to the exclusive jurisdiction of the courts located in Santiago, Chile.

5. Warranty Disclaimer

5.1. No Warranty

The Company does not warrant that the Service will meet the User's requirements, or that the operation of the Service will be error-free or uninterrupted. The Service is provided on an "as-is" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6. Limitation of Liability

6.1. No Liability for Indirect Damages

In no event shall the Company be liable to the User for any indirect, incidental, special, punitive, or consequential damages, or any loss of revenue, profits, or data, arising out of or in connection with the User's use of the Service or this Agreement.

6.2. Maximum Liability

In any event, the Company's total liability to the User for all damages, losses, and causes of action (whether in contract, tort, or otherwise) shall not exceed the amount paid by the User to the Company in relation to the Service.