Terminos de servicio

Terms & Conditions

Effective Date: 17^th March 2023

Mobile Application: Recuerda Club

THE AGREEMENT: When accessing our website and mobile application, and utilizing any services provided by Recuerda Club via these channels, you acknowledge and accept the following Terms & Conditions. These conditions apply to all pages on our website and any services available through it. The various sections and subsections of these terms are considered to be a part of this agreement.

1. DEFINITIONS
2. The term “Agreement” pertains to these Terms and Conditions along with the Privacy Policy and other documents provided to you by the Website;
3. References to “We”, “us” and “our” pertain to Recuerda Club;
4. The terms “User”, “You”, “Your” and “Customer” pertain to the individual who accesses the website to avail any service from us, which includes any person who makes the payment for purchasing products from the website;
5. The term “Platform” refers to the Mobile Application “Recuerda Club” and any succeeding Website or affiliate of ours;
6. “Communication” includes any text or images on the website or in other forms (emails, etc.) intended to sell products;
7. The Parties collectively refer to the parties to this Agreement (We and You).
8. ASSENT & ACCEPTANCE

By using our platform, you confirm that you have perused and assessed this Agreement, and you consent to be bound by its terms. If you disagree with the terms of this Agreement, kindly refrain from using our platform. Your use of our services is subject to your acceptance of this Agreement.

• SERVICE

Recuerda Club is the first online comunnity for Spanish-speaking psychonauts. Our mission is to help you explore the natural and expanded states of consciousness and discover who you truly are.

We believe that each one of us is capable of bending the cosmic video game and accessing deeper levels of consciousness. However, this requires a certain level of knowledge, preparation, and guidance. This is where Recuerda Club comes in. Our team of experienced psychonauts and teachers have created a comprehensive curriculum that covers everything from the basics of altered states of consciousness to advanced techniques for accessing higher states of being.

 We offer online training programs that are designed to help you develop your skills and deepen your understanding of the nature of consciousness .

And a social network so you can share your learning and talk about interesting topics with people like you.

AGE RESTRICTION

In order to use our platform or any of its services, you must have reached the age of 13 or older. By using our platform, you acknowledge and confirm that you meet this age requirement and are capable of entering into this Agreement legally. Please note that we cannot be held responsible for any misrepresentation of your age and will assume no liability in such cases.

• GENERAL CONDITION
• The information provided on our platform may not be accurate, complete, valid, or timely. We cannot guarantee its reliability.
• We reserve the right to make significant changes to these terms and conditions at any time. Notice of these changes may be provided through email communication or prominently posted on our platform.
• We grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use our platform solely for your personal, private, and non-commercial use related to our services. You must comply with all the terms and conditions outlined in this Agreement.
• Recuerda Club is not responsible for your use of our services or for the behavior of other users you may interact with.
• We do not perform background or criminal screenings of our users and do not verify the accuracy of their personal information, identity, health, physical condition, or other related matters.
• Recuerda Club is not liable for any legal or other consequences arising from your use of our services in locations that may prohibit or criminalize such activities. It is your responsibility to assess any potential risks associated with using our platform in your location.
• LICENSE TO USE THE PLATFORM

By utilizing our Platform or Services, you may receive certain information such as data, documentation, and other materials developed by us that can aid you in utilizing our Platform or Services, collectively referred to as “Our Materials”. You are granted a non-exclusive, limited, revocable, and non-transferable license to use Our Materials only in conjunction with your use of our Platform and Services, subject to the terms of this Agreement. It is prohibited to use Our Materials for any other purpose, and this license automatically terminates if you stop using the Platform or Services or if this Agreement is terminated.

• USER CONTENT
  • Content Responsibility. 

The Platform provides the opportunity to share various types of content such as comments and feedback. However, you assume full responsibility for any content that you post, and you confirm that you have obtained all necessary permissions to use and post the content.

When posting content on the Platform, please refrain from posting any content that:

• Contains profanity, abusive, racist, or hateful language, pornographic material or images that are offensive, inflammatory attacks of a personal, racial or religious nature;
• Is false, misleading, fraudulent, inaccurate, unfair, defamatory, threatening, disparaging, grossly inflammatory, unsubstantiated or contains gross exaggerations;
• Violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, discriminates against any person or group;
• Encourages or violates any municipal, state, federal, or international law, rule, regulation, or ordinance;
• Attempts to use another’s account, password, service, or system, uploads or transmits viruses or other harmful, disruptive, or destructive files, sends repeated messages, makes derogatory or offensive comments about another individual, or repeats prior posting of the same message under multiple emails or subjects

We reserve the right to refuse any submitted content that violates these guidelines. Repeated violations may result in the cancellation of user access to the Platform without prior notice.

• INTELLECTUAL PROPERTY

We declare that RECUERDA CLUB is the rightful owner of the Platform and all Services provided, including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property (“Our IP”). When you use the Platform and Services, you acknowledge and agree that we have all rights, titles, and interests in Our IP, and you agree not to use Our IP for any illegal or infringing purposes. You also agree not to duplicate or distribute Our IP in any way, including electronically or by registering new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without obtaining express written consent from us.

Additionally, to give you access to the Platform and Services, you grant us a non-exclusive, worldwide, royalty-free license to copy, display, use, broadcast, transmit, and create derivative works of any content you submit, upload, or otherwise provide to the Platform (“Your Content”). We do not assert any further proprietary rights in Your Content.

If you think that another user of our Platform has infringed upon your intellectual property rights by sharing information or media, please contact us immediately.

• USER OBLIGATIONS

When signing up for the Platform or Services, you will be required to choose a user identifier, such as an email address or other term, and a password. You may also be asked to provide personal information, such as your name, which you are responsible for ensuring is accurate. It is crucial to keep this identifying information secure in order to access and use the Platform and Services, and you must not share it with any third party. If you suspect that your identifying information has been compromised, you must promptly inform us in writing, and it is your responsibility to maintain the safety and security of your identifying information and keep us informed of any changes to it. Providing false or inaccurate information, or engaging in fraudulent or unlawful activity through the Platform or Services, may result in immediate termination of this Agreement.

• RELEASE

You release us and our successors from all claims related to your use of the Services, including but not limited to personal injury, death, or property damage.

1. ACCEPTABLE USE

When using the Platform or Services, you agree to refrain from engaging in any illegal or prohibited activities that could cause harm to RECUERDA CLUB’s business, Services, or Platform. If you suspect any such activity or violation, please notify us immediately at somos@recuerda.clubAdditionally, you agree not to use the Platform or Services to harass, abuse, threaten, or violate the legal rights of others. You also agree not to violate any of our intellectual property rights or those of any third party. Uploading or disseminating any computer viruses or software that may damage another’s property, perpetrating fraud, or engaging in unlawful gambling, sweepstakes, or pyramid schemes is strictly prohibited. Furthermore, publishing or distributing obscene or defamatory material, material that incites violence, hate, or discrimination towards any group, or unlawfully gathering information about others is not allowed. Users must also not share any personal contact information, including full names, phone numbers, email, address, social media, or any other personally identifiable information.

1. ASSUMPTION OF RISK

You understand and agree that the Platform and Services are exclusively intended for communication purposes. Any information that you share on the Platform is not intended to be construed as legal, medical, or financial advice, and it does not create a fiduciary relationship between you and us. You are solely responsible for any risks associated with the purchase of any products available on the Platform. We are not responsible for any advice or information provided on the Platform and assume no liability or responsibility for it.

1. REVERSE ENGINEERING & SECURITY

You are not allowed to perform any of the following actions:

a) Try to reverse engineer or disassemble any code or software from or on the Platform or Services;

b) Breach the security of the Platform or Services through any means like unauthorized access, circumventing encryption or other security tools, data mining, or interfering with any host, user, or network.

1. INDEMNIFICATION

You agree to protect and compensate us and any of our affiliates (if applicable), and to not hold us responsible for any legal claims or requests, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Platform or Services, or your violation of this Agreement. You acknowledge that we may choose our own legal counsel and participate in our own defense if we wish to do so.

1. EXCLUSION OF LIABILITY

You acknowledge and agree that the information listed on the Platform by us or any third party may not be accurate, complete, valid, or timely. We shall not be responsible for any materials posted by us or any third party, and you should exercise your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

You understand and agree that we shall not be liable for any direct, indirect, consequential, or other form of loss or damage that may be suffered by a user through the use of the Mobile Application, including loss of data or information, financial or physical loss or damage.

In no event shall RECUERDA CLUB, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, arising from (i) your use or access to the Service or failure to access or use the Service, (ii) any conduct or content of any third party on the Service, (iii) any content obtained from the Service, or (iv) unauthorized access, use or alteration of your transmissions or content. This limitation of liability applies whether based on guarantee, agreement, domestic wrong (including carelessness), or any other lawful concept, and even if we have been aware of the possibility of such damage. Furthermore, any cure set forth herein shall be deemed to have failed in its essential purpose.

1. SPAM POLICY

You are strictly prohibited from using the Platform or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

1. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to our website.

1. MODIFICATION & VARIATION

This Agreement may be modified by us at any time without prior notice to you. You acknowledge and agree that we have the right to modify or revise any part of this Agreement. You also acknowledge and agree that any modifications made to this Agreement will be effective immediately upon being posted on the Platform, and will replace any prior versions unless otherwise specified.

1. ENTIRE AGREEMENT

This Agreement represents the complete agreement between the Parties with respect to the use of this Platform, and it supersedes and invalidates any prior or contemporaneous agreements or understandings, whether written or oral, related to the use of this Platform.

1. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

• TERM, TERMINATION & SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

• NO WARRANTIES

You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.

No warranties

• The information on this Website is provided without any representations or warranties, express or implied.
  • Without limiting the scope of this section, we do not warrant or represent that the information on this website:
• will be constantly available, or available at all; or
• is true, accurate, complete, current, or non-misleading.
• LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Platform or Services, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

• GENERAL PROVISIONS:

a) JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed under the laws of Spain without giving effect to any principles of conflicts of law. The Spanish Courts shall have exclusive jurisdiction over any dispute arising from the use of the Platform.

b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of the RECUERDA CLUB will bind and inure to any assignees, administrators, successors, and executors.

c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

d) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.         

e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

f) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

g) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.

h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: somos@recuerda.club

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Politica de privacidad

Privacy Policy

Last updated [March 17^th, 2023]

We respect the privacy of our users and every person who visits our Platform. Here, “Platform” shall mean and include  Mobile Application “Recuerda Club” and any of our successor Websites; and “We”, “us”, and “our” are references to Recuerda Club.

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regard to your personal information, please contact us at somos@recuerda.club

When you visit our Mobile Application Recuerda Club (“Platform”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our Platform and our services.

ABOUT US

Recuerda Club is the first online comunnity for Spanish-speaking psychonauts. Our mission is to help you explore the natural and expanded states of consciousness and discover who you truly are.

We believe that each one of us is capable of bending the cosmic video game and accessing deeper levels of consciousness. However, this requires a certain level of knowledge, preparation, and guidance. This is where Recuerda Club comes in.

Our team of experienced psychonauts and teachers have created a comprehensive curriculum that covers everything from the basics of altered states of consciousness to advanced techniques for accessing higher states of being. We offer online training programs that are designed to help you develop your skills and deepen your understanding of the nature of consciousness .

And a social network so you can share your learning and talk about interesting topics with people like you.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

1. WHAT INFORMATION DO WE COLLECT?

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products when participating in activities on the Platform or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Platform, the choices you make, and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address Government ID, , phone number, and other similar contact data.

Information automatically collected

We automatically collect certain information when you visit, use, or navigate the Platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Platform and other technical information.  If you access our Platform with your mobile device, we may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address. This information is primarily needed to maintain the security and operation of our Platform, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy.

Information collected from other Sources

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties.

• HOW DO WE USE YOUR INFORMATION?

We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.  

We use the information we collect or receive:  

• Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Platform.
• To protect our Platform for Business Purposes and/or Legal Reasons.  We may use your information as part of our efforts to keep our Platform safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions, and policies for our business purposes and as legally required.
• To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Platform, products, services, marketing, and your experience.
• WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share and disclose your information in the following situations:

• Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Platform. These companies may use information about your visits to our Platform and other Platform that are contained in web cookies and other tracking technologies to provide advertisements about goods and services of interest to you.
• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
• With your Consent. We may disclose your personal information for any other purpose with your consent.
• Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Platform) or otherwise interact with public areas of the Platform, such personal information may be viewed by all users and may be publicly distributed outside the platform in perpetuity.
• DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

Cookies

A cookie is a small text file that a platform saves on your computer or mobile device when you visit the Platform. In general, cookies have two main purposes: to improve your browsing experience by remembering your actions and preferences and to help us analyze our website traffic.

What to do with Cookies?

We use cookies to help us analyze traffic to the Platform, to help us improve Platform performance and usability, and to make the Platform more secure. Third-party cookies help us use Google Analytics to count, track, and analyze visits to the Platform. This helps us understand how people are using our platform and where we need to make improvements. These third-party cookies do not specifically identify you.

Performance, Analytics, Research & Advertising

Cookies help us learn how well our Platform and web products perform in different locations. We also use these to understand, improve, and research products, features, and services, including when you access this Platform from other websites, applications, or devices such as your work computer or your mobile device. We also use third-party cookies to improve and personalize our marketing messages/communications with you.

Control cookies

You are always free to delete cookies that are already on your computer through your browser settings, and you can set up most browsers to prevent them from being added to your computer. However, this may prevent you from using certain features on the Website.

• WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

The Platform may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Platform. You should review the policies of such third parties and contact them directly to respond to your questions.

• HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

• ANALYTICS

Google Analytics

This website and Mobile Application use Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

• HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Platform is at your own risk. You should only access the services within a secure environment.

• WHAT ARE YOUR PRIVACY RIGHTS?

Personal Information

You may at any time review or change the information by:

Contacting us using the contact information provided below

We may delete or change your information, upon your request to delete your information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Platform.

1. DO WE MAKE UPDATES TO THIS POLICY?

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

1. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, email us at somos@recuerda.club

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