TERMS AND CONDITIONS OF REAL APP USA LLC
This document (hereinafter “Terms and Conditions”) regulates the User’s access and use of the services provided by REAL APP USA LLC, through the REAL APP USA LLC Application made available by REAL APP USA LLC to its Users (hereinafter, the “Application“). The terms and conditions indicated in this document shall be applicable to any act and contract executed or entered between any User and REAL APP USA LLC.
The REAL APP USA LLC Application is a virtual messaging and social network space that includes augmented reality and geolocation mechanisms to allow the interconnection of users.
Users access the Application and its benefits by registering with a valid telephone number.
Users declare their acceptance and respect for the provisions contained in this document every time they use the Application or register in it. Otherwise, Users must refrain from using the Application.
DEFINITIONS
- REAL APP USA LLC: Virtual messaging and social network space with augmented reality, geolocation and traditional messaging criteria, which offers users the possibility of establishing communication links using these tools, as well as the provision of a payment gateway managed by an independent company outside REAL APP USA LLC in favor of the Users, among other functionalities that may be developed for the proper provision of the interconnection service.
- Application: Software designed to perform specific functions on mobile devices.
- Users: persons who voluntarily access the Application and its benefits by registering with the Application and providing their telephone number.
- Payment gateway: the system accessible through the Application to manage and authorize electronic payments made by Users on behalf of REAL APP USA LLC through the payment engine of the Android or iOS system.
- Real Coin: name given to the legal tender used as a legitimate means of payment in daily commercial transactions according to each country.
- Gold Coin: virtual currency owned by REAL APP USA LLC, belonging to the shopping system that appears in the application and that is acquired as a result of the direct purchase with real coin by the user through the payment engine defined by each operating system, whether it is Android or iOS.
- Green Coin: virtual currency owned by REAL APP USA LLC, belonging to the shopping system contained within the application and acquired because of the user’s interaction with the application.
CONDITIONS OF USE
Account Management
Access to and use of the Application is reserved for those who have a valid telephone number. If a minor uses the Application, the obligations incurred by such use shall be borne by his or her legal representative.
Users must read, understand, and accept all the conditions set forth in the Terms and Conditions and in the Privacy Notice, prior to their registration in the Application.
Users acknowledge that their account can only be used by them, personally, and agree that any act performed with their account is considered their own, and they will be responsible for it.
REAL APP USA LLC assumes that the data provided by Users is true. However, it reserves the right to request documentation or any additional information to corroborate the identity of the Users.
Diversity and Inclusion
Users agree to respect the age, sex, sexual orientation or religion of other users. In addition, they recognize that, based on the rules of the community, they may not generate bullying, offend or insult other users, share or encourage content that invites racism, sexism, violence or any conduct that may mean physical or psychological harm to an individual or vulnerable group.
REAL APP USA LLC reserves the right to execute the corresponding sanctions with respect to users who violate this measure.
Achieving User Status
To obtain user status, the person interested in registering in the Application must provide a valid telephone number of his ownership that allows associating his REAL APP USA LLC account with it and thus, validate his accesses. Additionally, he/she must provide a name or pseudonym that allows his/her identification before third parties, and finally, he/she can, in a non-obligatory way, include a profile picture that allows his/her visual identification before other users of the Application.
Other capabilities within the Application
To enhance the use of the application, the User has the option to grant the permissions required by the application during its normal operation:
- Camera and album: permission will be required to complete the profile picture field and upload content to the application, as well as to view augmented reality elements, whether static or moving;
- Contacts: permission will be required in order to generate connections in the application through the identification of other users by means of their telephone number; and,
- Location: permission will be required for the use of certain functions that require the users’ geolocation data, the user will have the free choice to allow the use of their real-time location at their convenience, and as allowed by the Android or iOS systems, such as: Always; Once only; Whenever using the application; or Never;
Use of the Application
Users agree to use the REAL APP USA LLC Application with honesty, responsibility and respect for REAL APP USA LLC and Users. In this sense:
- The Users of the Application may use it to establish communication networks and interact with other Users in a geolocalized or non-geolocalized way, through augmented reality tools or traditional messaging regardless of the legality of their actions, according to the functionalities that are available at that time in the Application. Other types of uses are beyond the scope of the Application, are not authorized by REAL APP USA LLC and are not the responsibility of REAL APP USA LLC.
- Users may not use the Application to transmit, store, promote or disseminate data or content that affects REAL APP USA LLC, other Users, or the reputation or image of the aforementioned. It is also expressly prohibited to collect information from the Application, manually or automated, for any use other than the aforementioned, without express authorization from REAL APP USA LLC.
- Users may contact REAL APP USA LLC for any problem, failure or query related to the operation of the Application, which is available 24 hours a day, 7 days a week, however REAL APP USA LLC does not guarantee its permanent availability and continuity.
- Users shall not perform any damage or alteration to the Application, nor attempt to access restricted information or resources. They also undertake not to introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the Application.
- Users undertake to make proper, responsible and lawful use of the Application in accordance with applicable law, these Terms and Conditions, generally accepted morals and good customs and the rules of public order. If these Terms and Conditions are breached, REAL APP USA LLC may restrict the use of the Application, and suspend or terminate the account of the offending User.
- Users acknowledge and accept that the quality of the services included in the Application is directly related to the internet service of the device through which the Application is accessed.
- Users acknowledge that, in using the Application, they may configure the privacy of the information they share in terms of its access by third parties. Consequently, Users agree that REAL APP USA LLC, guarantees the privacy of their information only to the extent that Users activate the privacy controls provided by REAL APP USA LLC in the application.
If these Terms and Conditions are breached, REAL APP USA LLC may file the corresponding legal actions, as well as require compensation for damages caused by such breach. Users, on their part, are obliged to hold REAL APP USA LLC, its partners, directors, or employees harmless for any action carried out by a third party and beyond REAL APP USA LLC’s control and responsibility.
Purchases within the application
Registration in the REAL APP USA LLC application and its use offers a variety of augmented reality elements and enablers free of charge. However, interested users can access a purchase portal for augmented reality elements and payable enablers included in the application. To this end, the following should be taken into account:
- REAL APP USA LLC owns the shopping system based on the implementation of virtual currencies called Gold Coins. These coins can be purchased by the user through the application.
- Users interested in purchasing Gold Coins made available by REAL APP USA LLC may add them to the shopping cart, view the final price (including taxes, discounts, among others), select the payment method, accept the Terms and Conditions of the Payment Gateway and confirm their order.
- To make purchases through the Application, Users will register their data in the corresponding Payment Gateway. Users agree to register in the Application and in the Payment Gateway, only their own, truthful information, taking responsibility for it.
- For the purchase of Gold Coins, Users shall use the payment gateway enabled in the Application. Users are responsible for the personal, secure, private and responsible use of the chosen payment method, as well as for the ownership and veracity of the data provided. Users acknowledge that the payment gateway available on the Application is managed by an independent company. If the User considers that the payment method has been misused or fraudulently used, he/she should contact the institution issuing the payment method.
- Once Gold Coins have been acquired, Users, through the Application, will be able to view, select and purchase augmented reality items or new tools available with them.
- Users acknowledge that when they acquire Gold Coins, and with them, any of the augmented reality elements or new enabled features offered in the Application, they do so voluntarily and under their own responsibility, having considered that they have sufficient information to carry out the transaction.
- Users acknowledge that by confirming the purchase of Gold Coins through the Application, they are obliged to pay the price offered for them. They also acknowledge that, when confirming the purchase of augmented reality elements or new enabled features, they are obliged to pay, by means of Gold Coins, the price offered for them.
- Users are responsible for the truthfulness and accuracy of the data provided in the Application, no claims of error or incorrect information will be accepted.
- REAL APP USA LLC reserves the right to convert free augmented reality features or elements into paid services in the future.
- Users acknowledge that if there is a reduction or promotion of the original price of the Entitlements or Augmented Reality Elements, REAL APP USA LLC will not refund any payments previously made for these.
Security and links to other websites
The Application may contain links to third party websites. These links, if any, are not sponsored or endorsed by REAL APP USA LLC. Users are advised to be cautious when browsing external sites that are not controlled by REAL APP USA LLC and for whose contents, actions and possible damages REAL APP USA LLC is not responsible.
Likewise, even though REAL APP USA LLC adopts reasonable security measures for the proper functioning of the Application, Users acknowledge that the Application, as any other computer system, is not infallible, and may present defects or interruptions in the service, as well as face the presence of viruses or other computer attacks caused by third parties and that exceed the security measures implemented by REAL APP USA LLC. Therefore, caution on the part of the Users is recommended to mitigate eventual damages caused by third parties.
Intellectual Property
Users must respect the integrity and inalienability of the Application and all intellectual property rights included in the Application as a whole or in each of its elements, including but not limited to the design of the Application, combination of images and colors and trade dress in general, trademarks and slogans, programs, databases, files, networks, codes, software, and other functionalities. You may not copy, modify, distribute, sell, or lease any part of the Application. Users may not modify, alter, manipulate, or reverse engineer REAL APP USA LLC’s proprietary software or extract the source code.
In addition, Users agree in their general interaction with the Application, to always observe the compliance with the current regulations on intellectual property and copyright. Additionally, they are aware and accept that they will be responsible for any use or distribution of unauthorized content made by them within the application.
REAL APP USA LLC, is not responsible for the distribution of unauthorized content or of content protected by any intellectual property scheme, within the application that does not have as its source of distribution to REAL APP USA LLC. If a creator of content, backed by copyright or intellectual property, verifies that their creations have been used inappropriately, he/she must give immediate notice to REAL APP USA LLC through the means of contact indicated in the document to request the removal of such information. REAL APP USA LLC will address the claim in the shortest time possible once it determines the truthfulness and relevance of the elements contained in the request.
Protection of personal data
In compliance with the current regulations on Personal Data Protection, the processing of Users’ personal data will be subject to REAL APP USA LLC’s Privacy Policy or Notice, which may be reviewed through [insert hyperlink to the Privacy Policy].
Claims and queries
If Users wish to register a complaint or claim, they must submit a written request via email to: [email protected].
Modification of terms and conditions
REAL APP USA LLC may make changes to the terms and conditions, according to modifications or requirements in the applicable regulations, or due to adaptations and improvements of the Application. In case these changes imply any harm to the User, REAL APP USA LLC will notify the User through the Application prior to the effective date of the changes, so that Users may inform REAL APP USA LLC if they do not accept them, in which case they may stop using the Application. The use of the Application implies full acceptance of these Terms and Conditions.
Applicable legislation
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, USA.