Terms & Conditions

TERMS AND CONDITIONS OF PRODUCTS AND SERVICES

We welcome you and thank you for your interest in the products and services we provide through WATIVO by PYMEPASS (“WATIVO by PYMEPASS”, “Company”, “we” or “us”) on our website at WATIVO by PYMEPASS, websites, networks and applications, software, mobile applications and other related services we provide (collectively, the “Service”). These Terms of Service (“Terms”) constitute a legally binding contract in all its parts and specifications. It is essential for us that you read this document in its entirety, as it describes what we expect from you when you use our products and services, as well as what you can expect from us.

In order to register as a user on any of our platforms through which we provide products and services, you are required to provide your real data that fully verifies your identity and be at least 18 (eighteen) years old or the legal age determined in your country or region to enter into legal contracts. It is your responsibility to read these Terms and Conditions as well as our Privacy Policy, together with any applicable software license agreement, as the case may be. The Privacy Policy and Cookie Policy of WATIVO by PYMEPASS are incorporated by reference into these Terms and form part of them.

By clicking the “I agree” button or browsing any of our websites or digital platforms, downloading, installing, accessing or using the service, you expressly agree that you have read and understood these Terms and Conditions and that you are bound by their content, subsequent additions, revisions and updates, including WATIVO by PYMEPASS’s privacy policy and any additional terms and policies that WATIVO by PYMEPASS may incorporate in a discrete and reasonable manner (collectively, these “terms”). If you do not fully agree to the Terms, you unfortunately may not and should not use the service or any of its direct or indirect derivatives or components.

In order to provide our products and services, WATIVO by PYMEPASS uses the official API of various social networks such as WhatsApp, Facebook, Instagram, Twitter (today “X”), LinkedIn, Pinterest, Tumblr, Reddit, Telegram, among others with similar features and purposes (excluding WhatsApp Baileys used within SocialPoster), which are available in the respective Developer Centers for each of these platforms. Therefore, these applications are entirely dependent on services provided by third parties (the API of each platform). We are not responsible for any critical changes they may make. We also do not guarantee that the application's compatibility with the API of different platforms may be permanent, as these may be modified at any time and without prior notice.

REFUND POLICY

Through these Terms and Conditions, you acknowledge and agree that we do not offer refunds of any kind.

We also do not provide refunds for problems that may arise due to changes made by third parties that may hinder or make it impossible to use the products and services.

If you use a payment method for the acquisition of our products or services of which you are not the account holder, we do not offer or provide any type of refund, compensation or payment cancellation. The use of the payment method is your sole responsibility, both towards us and towards third parties.

LIMITATION OF LIABILITY

It is essential that you know that some of the products and services provided through WATIVO by PYMEPASS may depend on the use of third-party applications; therefore:

We will not be liable if “The Service” stops working, works partially or works incorrectly, whether due to problems with third parties (for example, Facebook, Instagram, WhatsApp or any other related to “The Service”), problems with the original applications or problems that make normal use impossible.

We do not guarantee that “The Service” will always work safely and without errors, interruptions, delays or imperfections. This is because it is not possible to predict whether problems will arise with our products or services due to their inherent nature. Likewise, we are not responsible for any express or implied matter, including warranties of merchantability, acquisition, mode or manner of use, or any type of infringement or sanction. You agree and are obliged to use “THE SERVICE” in a legal and appropriate manner, preserving our rights, reputation and assets.

We are not responsible for any direct or indirect costs, losses or damages arising from the use or misuse of the application or for any other reason. We are also not responsible for loss of profits, income, information or data; consequential, special or punitive damages.

s, indirect, exemplary, punitive or incidental damages arising from or related to them (from any cause and any type of liability, including negligence), even if we have been advised of the possibility of such damages.

We do not provide refunds of any kind for any reason.

In the case of automatic renewals of “The Service”, there are no refunds of any kind. You may cancel “The Service” at any time without any restrictions. Please note that in the event of cancellation, your free trial will end immediately and you will no longer have access to the service. No additional trial period will be granted. Payments are processed through third party systems and servers; therefore, we are not responsible for any time discrepancies, failures or problems related to the payment systems used to process charges for the acquisition of “The Service”.

We are not responsible for your misuse of our products or services or any of their components. We are also not responsible for any misuse of the products or services or any of their components by third parties.

We are not responsible if you use a payment method for which you are not the account holder because we rely on you using payment methods for which you have authorization or for which you are the account holder. Therefore, payments made through third-party payment methods are valid, and there is no refund or cancellation, as you are solely responsible to us and third parties for the payment method you use. By doing this, you release us from any liability in case you use payment methods on any of our platforms or applications for which you are not the account holder.

USE OF THE “SERVICE”

The Service offers a digital workspace for users to create, plan and collaborate on the creation of marketing content. Therefore, you unconditionally agree to use the Service only for its intended purposes and as described in these Terms. You are obliged to make lawful use without causing harm to us or affecting third parties in any way. We may terminate, suspend or deny access to the Service permanently or temporarily without notice or liability if, in our reasonable determination, you violate any of these Terms, or the spirit or intent of these Terms, including engaging in any of the specifically prohibited actions listed by way of example, but not limited to:

Using the Service or any of its components for any unlawful, infringing or fraudulent purpose;

Probing, scanning or testing the vulnerability of any system or network used or related to the Service or any of its components;

Tampering with, reverse engineering or making unauthorized copies of the Service or any of its elements, circumventing any security or authentication measures of the Service, or attempting to gain unauthorized access to the Service (any of its elements) or related systems, networks or data, whether owned by us or a third party;

Accessing or searching the Service through any means other than our publicly supported interfaces, or copying, distributing or disclosing any part of the Service in any medium, including any automated or non-automated scraping;

Overburden or attempt to overburden our infrastructure by imposing an unreasonably large load on the Service that consumes extraordinary resources, such as through the use of “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period using a normal browser;

Misrepresent or disguise the origin of any data, content, or other information you submit (including through “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating any other person, or falsely implying any sponsorship or association with WATIVO by PYMEPASS or any third party), or accessing the Service through another user’s account without their permission;

Promote or advertise products or services other than your own without proper authorization;

Deceive, defraud, or mislead us, any of our customers, users, or any third party;

Acquire or pay for “The Service” using false data or information or information belonging to a third party who has not given you prior and express authorization for its use;

Misuse our support services or send false reports of abuse, misconduct or security violations;

Alter, damage, reproduce, modify, publicly display or perform, encode, translate or create derivative works from any third party;

Discard, reverse engineer, or otherwise exploit any portion of the Service or related intellectual property, including its source code, software, and documents, or permit others to do any of the foregoing, without our express written consent;

Rent, lease, sell, license, or sublicense, or otherwise commercially exploit any portion of the Service without our express written consent;

Use the Service as part of any effort to compete with us or to provide similar products or services;

Submit (or post, upload, share, or otherwise provide) data, content, or other information that (i) infringes the intellectual property, privacy, or other rights of WATIVO by PYMEPASS or a third party or which you do not have the right to submit (including confidential or personal information that you are not authorized to disclose); (ii) is misleading, fraudulent, unlawful, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, or offensive from a religious, racial or ethnic perspective, encourages illegal or unlawful conduct, or is inappropriate in the discretion of WATIVO by PYMEPASS; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) may cause harm to WATIVO by PYMEPASS or any third party;

Use any robot, spider, other automated device or manual process to monitor any content on the Service without our express written consent;

Allow or encourage any other person to commit any of the actions or omissions contained in this section or of a similar nature.

You agree and acknowledge that in the event that you make any illegal or inappropriate use of “The Service”, either directly or through a third party, you are solely responsible for any damages, losses and infringements that may result. Therefore, at this time, you release WATIVO by PYMEPASS, its collaborators, associates, dependents, assets and any action or right related to us, both before authorities and third parties.

You are aware and accept that in the event that you, either directly or through a third party, make unauthorized, illegal or inappropriate use of “The Service” or any of its components, you will be permanently disabled from reopening an account, subscription or acquiring any of our products and services. If you violate this, you will be responsible for criminal, civil and administrative charges, as well as restitution of damages and losses caused to WATIVO by PYMEPASS or any third party.

ELIGIBILITY

To access any of our products and services, you must be at least 18 years old or the minimum age required in your country or region, and provide authentic data that fully verifies your identity. By accepting these Terms, you declare and guarantee that: (a) you are of the required age to do so; (b) you have not been previously suspended or removed from “The Service”; (c) in order to register and purchase “The Service”, you have provided truthful information that fully corroborates your identity, as well as the use of payment methods owned by you or belonging to a third party with your full authorization; and (d) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization or company, the person accepting these Terms on your behalf represents and warrants that they have sufficient authority and power to bind you to these Terms. References to “you” in this document (and all of your obligations herein) shall refer to such entity, and this extends to any individual or group using the Service on behalf of that entity.

ACCESS AND USER ACCOUNTS

You may access the “Service” through a web browser (Chrome, Firefox, Safari, IE or Edge) using the following address: app.planifyx.com. The Service is enabled and applies SSL (Secure Sockets Layer). To access the Service, you must register for an account (“Account”) and provide your real information that fully verifies your identity as indicated in the registration form to create your account. You may also upload additional content and information to your user profile.

By creating your account and user profile, you agree to provide real, accurate and complete information and represent and warrant that the content and information you provide is true and does not violate any third party rights.

You may delete your Account and user profile at any time, for any reason, using the option provided for such purpose in the user account menu of “The Service.”

You are solely responsible for maintaining the confidentiality of your WATIVO by PYMEPASS password and account; you are prohibited from sharing your account with third parties, and you may not use an account or profile that is not intended to be used by third parties.

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You are solely responsible for all activities that occur under your account or through your user profile. If you feel that your account is no longer secure, you must notify us immediately via the email address listed on our website.

PRIVACY STATEMENT

Your information is important to us, therefore it is confidential and we do not provide access to it to any third party for any reason, unless there is an order from a competent authority. Your information is only used to keep in touch with you and for the purpose of improving our products and services, as well as to send you updates and any information related to “The Service”.

GENERAL PAYMENT CONDITIONS

All rates are expressed in US dollars and are non-refundable. Rates vary depending on the product or service you purchase from us, with different pricing schemes for individual users and organizations.

We trust that when purchasing our products and services, you will use your own payment methods. Therefore, you are solely responsible to us and third parties for the use of the payment methods with which you acquire our products and services.

If you use payment methods of which you are not the account holder, you guarantee that you have the authorization of its legitimate owner to make the payment. In the event that you use a payment method owned by a third party without their authorization, you will be solely and directly responsible for any penalty, damage or loss caused to us and third parties. In this case, the payment or charge made for the acquisition of our products and services is also non-refundable, leaving WATIVO by PYMEPASS free of any liability.

PRICE

We reserve the right to determine, modify or update the price of “The Service” without prior notice.

We make reasonable efforts to keep the information about our prices posted on our website up to date. Therefore, you are aware and agree that you should periodically consult our website for information on current prices, as well as updates to our terms and conditions.

We have the discretion to update, change or modify the rates for any feature of the Service, including any additional fees or charges, without prior notice, effective upon posting on our website. WATIVO by PYMEPASS, at its sole discretion, may make promotional offers with different features and prices to any WATIVO by PYMEPASS customer. Offers and promotions are subject to their specific terms and conditions, as posted on our website.

In the case of offers or promotions that reward our customers for recommending our services or referring new customers, this does not constitute any commercial, corporate, employment, civil or administrative relationship with them, that is, you will only be entitled to the benefit or reward specified in the corresponding offer or promotion.

If you use a trial period, you agree to provide a valid payment method. You may cancel “The Service” at any time without restrictions. However, please note that in the event of cancellation, your free trial will end immediately and you will no longer be able to access the service. If you do not cancel “The Service”, the charge will be applied and is non-refundable, as your continued use of the product or services indicates your satisfaction and acceptance of these terms and conditions.

PAYMENT AUTHORIZATION

You expressly authorize WATIVO by PYMEPASS directly or through the payment channels available on our website to charge the price corresponding to the products and services you purchase from us. The charge may be periodic depending on the product or service you have purchased and is subject to these Terms and Conditions. This charge will be made through the payment method in effect in your account and user profile at the time of purchasing “The Service”.

If the payment method you use in your account or user profile turns out to be invalid for any reason, you will be solely responsible for it, including cases in which you use payment methods belonging to third parties.

You expressly authorize WATIVO by PYMEPASS directly or through the payment channels available on our website to apply any charge to any valid payment method associated with your account or user profile. This authorization applies even if you are not the owner of the payment method, since you are solely responsible to us and third parties for the use of the payment methods linked to your account or user profile. Therefore, you are responsible for the lawful use of them, as well as for any liability, damage or harm resulting from the use of the payment methods.

payment that links to your account or user profile.

CONSUMER POLICY

For some of our products or services, we offer a trial period for you to evaluate our service at no cost. However, you are aware and accept that in order to create your account and user profile, you must provide a valid payment method as a requirement for its creation. You may vary or update the payment method later under your strict responsibility.

You decide until when we are together, so you are solely responsible for promptly cancelling your use of “The Service” within the trial period. If you do not do so, your subscription will be automatically activated and the corresponding charge will be made to the current payment method in your account or user profile. Once the charge is made, you accept that there will be no refunds or compensation on our part.

If you decide to start with a free trial period, you acknowledge and accept that the “Cancel” button will be available in your user account at any time. However, please note that cancellation will immediately end your free trial and you will no longer have access to the service.

You are aware and agree that by purchasing our products or services, you will not be able to request a refund under any circumstances.

It is your responsibility to cancel your subscription to “The Service” if you do not wish to continue with us, and you must cancel with due notice before the next charge or fee generated by your use. If you do not cancel the product or service, the charge will continue to be generated, and the charge will continue to be applied to the current payment method you registered, as it is understood that you are satisfied with us and continue to use “The Service”.

We do not provide refunds or compensation of any kind, which also applies in the case of automatic renewals (once an order is placed, there are no refunds of any kind).

In the event that you purchase any product or service that we are unable to deliver to you due to your lack of cooperation (whether voluntary or technical), you will lose the product or service and no refund or compensation will be made.

CANCELLATION POLICY AND SUBSCRIPTION SERVICE

The Service may include automatic recurring payments for periodic charges (“Subscription Service”).

If you activate a Subscription Service, you authorize WATIVO by PYMEPASS to periodically charge, from that point forward until the cancellation of recurring payments or your account, all sums accrued on or before the payment due date.

The “Subscription Billing Date” is the date you purchase your first subscription to the Service.

For information on the “Subscription Fee,” please refer to our prices posted on our website.

All applicable fees for the next subscription period will be automatically charged to the current payment method in your account or user profile on the Subscription Billing Date.

The subscription will continue unless and until you cancel it or we make the sad decision to cancel it for reasonable reasons.

You must cancel your subscription before it renews to avoid being billed for the next periodic subscription fee on your account.

You can cancel the Subscription Service by accessing your account and clicking My Subscriptions > View > Cancel .

DEFAULT ACCOUNTS

If you fail to make timely payments for “The Service”, it will be cancelled because we understand that, for the moment, you do not wish to continue with us. Do not worry, you can return and reactivate your account by making the corresponding payment for the current fee of the product or service you wish to acquire.

USER CONTENT IN GENERAL

As a user of “The Service”, you are solely responsible for the content you post or share and, therefore, you are solely responsible for the consequences of posting it. You retain the copyright and any intellectual property rights you may legally hold over the content you post on “The Service”.

By “User Content” we mean all information and content that a user submits to or uses with “The Service”; “Content” means information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, interactive features or any other material. When we say “posting,” we include posting, uploading, sharing, sending, or otherwise providing user content in connection with the Service.

You are aware and agree that in order to use “The Service,” you must grant strictly necessary permissions regarding the content you share, as well as your personal information.

We do not prejudge the origin or legality of the content our users share or post. Therefore, we trust and make it clear that the content our users post or share related to “The Service” is strictly prohibited.

or” is your sole responsibility in relation to us and any third party.

RESTRICTIONS ON USER CONTENT

WATIVO by PYMEPASS, its website, its employees, agents, developers, staff in general, products or services, and everything that makes up “The Service”, are exempt from any type of responsibility regarding the content that the user develops, publishes or shares.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, intellectual property or rights of use of all user content that you publish or share. By creating your account and user profile with us, you expressly agree and undertake not to post or share content that:

(i) creates a substantial risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you or any other person or entity;

(ii) contains information or content that you know is false or misleading to others;

(iii) contains any information or content that is unlawful, defamatory, libelous, infringing, invasive of personal privacy or publicity rights, or otherwise violates the rights of third parties;

(iv) contains information that you do not have a right to make available under any law or contractual relationship or express authorization;

(v) contains viruses, Trojan horses, worms, time bombs, or any other computer programming routines that are intended to damage, interfere with, intercept, or expropriate the Service or its content, or any computer programming routines that have a similar effect;

(vi) could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

(vii) contains content that incites hatred, threats of physical harm, or harassment.

WATIVO by PYMEPASS reserves the right, at its discretion, to, on reasonable grounds, remove or refuse to post or promote any User Content that violates the terms or policies of any third-party platform with which WATIVO by PYMEPASS services integrate or interact.

INTELLECTUAL PROPERTY RIGHTS OVER USER CONTENT

In order for you to be recognized as the owner and retain the copyright and any other intellectual property rights you may have over any User Content you post, you are required to provide true and authentic data and information. You must represent and warrant that any User Content posted by you is original, unpublished or owned by you, or that you have obtained all necessary permissions and authorizations for the use of such content. In addition, you represent that all content posted by you on “the Service” does not infringe any copyright or other proprietary, intellectual, property or related rights of any other person or entity.

By posting your User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with “the Service” and our products, services and platforms, in any media format or tangible form and through any media channels now known or developed in the future.

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

USER CONTENT DISCLAIMER

We have no obligation to edit or monitor User Content that you or other users post, and we are not and will not be in any manner responsible for User Content.

WATIVO by PYMEPASS may, at any time and without prior notice, filter, remove, edit or block any User Content that, in our sole and reasonable discretion, violates these Terms or is otherwise objectionable.