Terms & Condition

www.datexco.com

1. Introduction

Welcome to Datexco! We're delighted that you've chosen to use our services. Before we get started, we want to ensure we're all on the same page regarding the rules and expectations governing our platforms. The following Terms and Conditions lay out the rights and responsibilities of both Datexco and our users.

It's important to note that by accessing and using our sites and/or applications, you agree to fully abide by these Terms and Conditions. We advise you to read this document carefully to familiarize yourself with all provisions that apply to your interaction with our site and/or application.

At Datexco, we strive to provide you with a safe, reliable, and satisfying experience. Our goal is to offer an environment where you can enjoy our missions, rewards, and other activities in a lawful and respectful manner. By using our services, you agree to comply with all applicable laws, rules, and regulations.

Please be aware that some of our services might require registration and the provision of certain personal information. We take your data privacy and security very seriously, so we encourage you to review our Privacy Policy for detailed information on how we collect, use, and protect your personal information.

We reserve the right to suspend accounts or deny access to our site and/or application to anyone, at any time, and for any reason, at our sole discretion. Also, remember that our services may undergo periodic changes and updates, so we encourage you to check our Terms and Conditions regularly for any modifications.

Thank you for choosing Datexco as your trusted platform for missions, rewards, and exciting activities. If you have any questions or concerns, please don't hesitate to contact our support team. We hope you enjoy your experience with us!

2. Acceptance of Terms

By using our proprietary applications or accessing our website, and by registering as a user, you expressly and unreservedly accept the terms and conditions laid out in this document. We advise you to read these terms carefully before using our services.

If you disagree with any provision of these terms and conditions, please refrain from using our applications or accessing our website. By not accepting the terms and conditions, you won't be able to register or use our services.

Accepting these terms and conditions is essential for the proper use of our applications and website. By registering as a user, you acknowledge that you've read and understood all the terms and conditions presented here and agree to comply with all provisions set out in this document.

Remember, these terms and conditions apply to both registered users and those accessing our applications or website without registration. By using our services, you agree to be bound by these terms and conditions and any modifications or updates we make in the future.

Datexco reserves the right to modify or update these terms and conditions at any time and at its complete discretion. Any changes to the terms and conditions will be notified to users through our usual communication channels and will become effective upon their publication.

It's your responsibility to review these terms and conditions regularly to be aware of any modifications. Continued use of our applications or website after change notifications indicates acceptance of the new terms and conditions.

By accepting these terms and conditions, you acknowledge that any breach on your part of the provisions set out here may result in the termination or suspension of your account and any other legal action or remedy available to Datexco.

Thank you for your understanding and cooperation in accepting these terms and conditions. We hope you enjoy our services and have a satisfactory experience with Datexco. If you have questions or need assistance, please reach out to our support team.

3. Definitions

"Proprietary Applications": refers to mobile apps (like Wokky and others) and any other software developed (like Skywalkers and others) and/or managed by Datexco, allowing users to access our services through the web or mobile devices.

"Account": pertains to the user account created by an individual upon registering on our apps or website, granting access to and use of our services.

"Datexco": pertains to the legal entity owning and operating the proprietary apps and the website, with contact details provided at the end of this document.

"Website": refers to Datexco's website, accessible online, providing information on our services and allowing users to access specific features.

"User": refers to anyone accessing our proprietary applications or website, either as a registered user or an unregistered visitor.

"Services": denotes the products, features, content, and any other resources provided by Datexco via our proprietary applications and website, including but not limited to missions, rewards, and activities.

"Terms and Conditions": refers to this document, establishing the legal agreements and obligations between the user and Datexco concerning the use of our proprietary applications and website.

"Mission or Activity": pertains to specific activities and goals set by Datexco for users, offering the opportunity to earn money, points, redeemable rewards, or achieve savings on purchases or group buys.

"Content": denotes any information, text, images, videos, audios, or other materials that users submit, share, or access through our proprietary applications or website.

"Registered User": pertains to a user who has created an account and completed the registration process to use our services named Wokko.

"Mobile Devices": denotes portable electronic devices, such as smartphones and tablets, compatible with our proprietary applications and allowing users to access our services.

"Privacy Policy": refers to the separate document detailing how we collect, use, and protect users' personal information, complementing these Terms and Conditions.

"Party": pertains individually to either the user or Datexco, and "Parties" refers to both collectively.

"Push Notifications": denotes messages directly sent to users via our proprietary applications, which might include relevant information, updates, or promotions.

4. Use of Applications or Website

When using Datexco's proprietary applications or website, you agree to abide by the following terms and conditions:

Usage Restrictions:

a. You commit to using the proprietary applications or website solely for lawful purposes and in accordance with all applicable laws, rules, and regulations.

b. It's strictly forbidden to use the proprietary applications or website for any activity deemed harmful, offensive, defamatory, obscene, pornographic, illegal, or violating third-party rights.

c. You may not undertake actions compromising the safety, integrity, or functionality of the proprietary applications or website, such as using malicious software, hacking, phishing, or similar practices.

Intellectual Property:

a. All content and related intellectual property rights concerning the proprietary applications and website belong exclusively to Datexco or its licensors.

b. You acknowledge and agree that you don't acquire any ownership rights to the content when using the proprietary applications or website and commit not to reproduce, distribute, modify, adapt, display publicly, or exploit the content in any other manner without Datexco's prior written consent.

Liability:

a. You use the proprietary applications or website at your own risk. Datexco isn't liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from using or the inability to use the proprietary applications or website.

b. Datexco assumes no responsibility for any interruption, delay, technical glitch, or data loss that might occur while using the proprietary applications or website.

Acceptable Behavior:

a. You commit to behaving ethically and respectfully when using proprietary applications or the website. Engaging in defamatory, harassing, offensive, fraudulent, deceptive, or illegal behavior is not allowed.

b. You agree not to impersonate other individuals, companies, or entities, nor to use the proprietary applications or the website to transmit false or misleading information.

c. Datexco reserves the right to take actions, including the suspension or cancellation of your account, if it determines that you have violated any of these acceptable behavior conditions.

These guidelines and terms of use apply to both proprietary applications and Datexco's website. By using any of these platforms, you acknowledge and agree to comply with these provisions. Failing to follow these guidelines may lead to the termination of your account and loss of access to services offered by Datexco.

5. User Registration

Creating an Account:

a. By registering on our proprietary applications or Datexco's website, you agree to provide accurate and complete information during the registration process.

b. You are responsible for maintaining the confidentiality of your username and password, and restricting access to your account to prevent unauthorized use.

c. You agree to notify us immediately about any unauthorized use of your account or any other security breach.

Accuracy of Information:

a. You guarantee that all information provided during registration is accurate, up-to-date, and complete.

b. Datexco reserves the right to verify the accuracy of the information provided and to request additional documentation if necessary.

Confidentiality of Credentials:

a. You are responsible for maintaining the confidentiality of your username and password, and not to share this information with third parties.

b. Any activity carried out through your account will be considered as performed by you, and you will be responsible for all consequences arising from such activity.

Personal Use:

a. Your account is personal and non-transferable. It is not allowed to assign, sell, or transfer your account to any other person or entity.

b. You agree to use your account solely for your personal use and not for commercial or illegal purposes.

Minors:

a. If you are underage, you must obtain consent from your parents or legal guardians before registering on our proprietary applications or website.

b. Parents or legal guardians are responsible for supervising and controlling the use of the proprietary applications or website by minors.

Account Termination:

a. Datexco reserves the right to suspend, deactivate, or cancel your account at any time and for any reason, at its sole discretion.

b. You can request account cancellation by sending a request through the contact channels designated by Datexco.

By registering on our proprietary applications or Datexco's website, you agree to comply with the terms and conditions set forth in this chapter. Violation of these provisions may result in the suspension or cancellation of your account, as well as loss of access to services provided by Datexco.

6. Services or Features

Service Description:

a. Datexco offers a variety of services and features through its proprietary applications and website.

b. These services may include, but are not limited to, missions, rewards, interactive activities, user forums, and shared content.

Limitations and Responsibilities:

a. While we strive to provide high-quality services and features, we do not guarantee that they are free from errors, interruptions, delays, or defects.

b. You acknowledge that the services may be subject to technical, security, or availability limitations, and that we are not responsible for any loss, damage, or inconvenience caused by these limitations.

c. You agree to use the services in accordance with the guidelines and restrictions set forth in this document and in compliance with all applicable laws and regulations.

Specific Service Conditions:

a. Each service or feature may have specific additional conditions that will apply to and supplement this document.

b. These specific conditions may include eligibility requirements, terms of participation, qualification criteria, time limits, and any other relevant condition for the particular service.

c. By using a specific service, you agree to comply with the conditions set for that service.

Changes in Services:

a. Datexco reserves the right to modify, suspend, or discontinue any service or feature at any time and without prior notice.

b. These changes may include the addition or removal of features, changes in the requirements or conditions of existing services, or changes in the availability of services.

User-Generated Content:

a. When using services involving user-generated content, you acknowledge and agree that such content may be public and accessible to other users.

b. You are solely responsible for any content you submit, share, or post through the services, and you guarantee that such content complies with the provisions set forth in this document.

Intellectual Property:

a. All intellectual property rights related to the services and their content (including but not limited to software, designs, graphics, logos, text, and visual materials) are the exclusive property of Datexco or its licensors.

b. You agree not to use, copy, reproduce, distribute, transmit, display, sell, license, or exploit in any manner copyrighted materials without the prior written consent of Datexco or the rights holder.

By using the services or features offered by Datexco through its applications or website, you agree to comply with the terms and conditions set forth in this chapter. The use of services is subject to the limitations, responsibilities, and specific conditions described in this document and any other applicable supplementary document.

7. Missions and Rewards

Datexco, through its website or any of its mobile applications, may offer missions in which you can save or earn rewards such as, but not limited to, money, points redeemable for prizes. Not all of our Sites/Applications include a Mission for rewards, and missions may come with additional terms like pro bono. To participate in a mission, you must be a legal resident of the country where you registered (or a jurisdiction where your participation is legally compliant with its terms and doesn't create any liability or registration, union, tax, or other affirmative obligations on our part), and in accordance with this Agreement.

A mission is void where prohibited by law. Additional conditions may apply to your participation in activities that allow you to save or earn money, cash, or points ("Activities"). Datexco may, at its discretion, limit or restrict your ability to participate in a mission and revoke your money or points and potential rewards accumulated if you breach the Agreement or applicable additional conditions. You agree to abide by Datexco's final and binding decisions regarding a mission or set of missions and your participation therein. Datexco may modify, suspend, or cancel a mission or set of missions at any time without notice, including any accumulated money or points. Datexco reserves the right to end a mission, set of missions, or a registered user account, by providing three (3) months' notice to the email address you provided when registering for a mission or the last update of your account.

To engage in missions and redeem points or cash, you must register on the applicable site or app. Only one account per person is allowed. To redeem and receive rewards, you must provide your real name, mobile number, postal address, email address, Social Security number or official country identification for tax purposes, and other data. Additional personal information may be requested for certain rewards, like airline mile reward account numbers. Datexco reserves the right to verify this information and suspend any accounts that are fraudulent or multiple per person. You are responsible for keeping your personal information up-to-date.

You can earn savings, cash, points, prizes, and recognition by participating in missions or activities. For example, an activity might require visiting a specific store. If you choose to participate and follow associated instructions, you'll be awarded the declared reward (money or points) for completing the activity. Another activity might involve scanning a product barcode in a store. If you scan the product and follow the associated instructions, you'll receive the money or points for completing that activity. However, there may be limitations on activities and rewards. For instance, during a mission, DATEXCO may:

Change or limit your ability to participate in certain activities.

Alter or restrict the frequency of allowed Activities.

Modify or cap the amount of money or points you can earn from an activity.

Change or cap the total amount of money or points you can earn within a time frame.

Modify available activities and rewards or the amount of money or points needed for a particular reward.

Alter account conditions for any discriminated user, regardless of the criteria.

Change sale value conditions, discount percentages, brands, or product features offered.

You must use the appropriate site/app to participate in activities and earn money or points. Activities requiring barcode scanning or being physically located somewhere must be based on genuine product scans at that location. Do not use any method to create artificial scans or fake your location to try and meet activity requirements. Do not use any "bot" simulator, macro, cheat code, or other automated methods to participate in activities or missions or earn money or points. Do not use the Mission with any device that's jailbroken, rooted, hacked, or otherwise lacks the original equipment manufacturer's operating system. Users cannot register or use more than one account for any reason to avoid restrictions or other limits on activities, cash, points, rewards, or a mission. Users must not be related up to a third-degree of consanguinity and up to the second degree of affinity with anyone employed by Datexco, any of its group companies, or contractor companies. Datexco reserves the right to withhold money or points and rewards and/or cancel the account of any user suspected of activities that breach this Agreement or that are illegal. The earned money or points are only valid for redemption within a mission that complies with the terms of this agreement.

Redeem your money or points for rewards/Point restrictions: You can redeem money or points you've earned for rewards offered in a mission in line with its terms. However, if there's a special reward on offer that you want, you should redeem your money or points for it as soon as possible (once you have enough money or points in your wallet), as stocks may run out and Datexco is not liable for this. Notwithstanding, the mission can be discontinued at any time at our discretion, without this creating any obligation or liability on our part.

Rewards are granted on a first-come-first-served basis and according to stock availability. Once an activity is successfully completed and reward stocks are exhausted, the money or points for the reward will be reimbursed. If you redeem your money or points for a reward and DATEXCO determines that the reward is unavailable, out of stock, or cannot be provided to you for any reason, Datexco will acknowledge the award and exchange points or money for different existing or new rewards. Points, money, and prizes will expire after 1 year if not redeemed or requested due to inactivity or failure to meet the minimum redemption requirements.

By registering and accepting these terms and conditions as a user, it is understood that an affidavit is signed, as well as the release of responsibility and publicity authorization. Similarly, while fulfilling missions, and if requested by Datexco or our allies in the mission, you will accept any particular and special terms and conditions required by the mission, a sine qua non requirement to complete the activity or mission and receive your reward. Rewards are provided "as is" without warranty, either express or implied by Datexco (see "Warranty Exclusion" below).

Money or points do not constitute a property right; thus, they cannot be inherited, exchanged, or sold to third parties. Money or points or rewards cannot be transferred to third parties (except for charitable donations - as defined and described below). Only the money can be redeemed by the beneficiary directly with Datexco or one of our allies. The only way to use or redeem rewards and points is personal and non-transferable. The option of making a charitable donation of your money or points to non-profit social foundations is expressly excluded. Available prize-type products as rewards can be modified, changed, or updated without prior notice. The user agrees not to trade any type of reward. Once the user requests and/or redeems a reward, it cannot be canceled, and the reward cannot be returned in exchange for cash or points. You are solely responsible for all national, federal, state, and local taxes and other costs or expenses of accepting and using the reward unless Datexco specifies otherwise in writing related to the reward. Some rewards may have age eligibility requirements. Datexco reserves the right to verify your eligibility qualifications before fulfilling a reward.

Rewards will be sent through digital transfer if it's money; by email to your email address if digital shipping is viable. By mail to your postal address of the country, as the case may be, which you provided when you registered in the application and agreed to undertake a mission or the last update of your account. It also establishes that you must pick up the physical prize or reward at a specific postal address, representing the location of a supplier who will deliver the reward or even at some Datexco facilities. Rewards will not be sent to PO boxes or POX or FPO (Fleet Post Office) addresses or destinations outside the country where the mission was completed. The term for sending prizes sent by email is seven (7) days from the date of receipt, validation, and approval with a mail approval shipment. It will proceed to process unless the site or application has set different conditions.

For users of any of our Web, Apple, or Android platforms, each user must be able to receive SMS text messages, WhatsApp messages to verify the account (and will be responsible for carrier charges for this type of SMS text messages). Rewards sent by postal mail will be shipped within a term of eight (8) to twelve (12) weeks from the date of your submission and approval unless the site/application sets a different schedule or if the availability of the proposed reward is limited in quantity and/or out of stock. Datexco is not responsible for any damage, losses, or delays in shipments. Rewards that cannot be delivered for any reason, not attributable to DATEXCO (including account information because your mission is incorrect), will not be resent, and these will be the responsibility of the redeemed user and can only be claimed by this user, in the state and place where they are after the failed shipment. After requesting a reward, you will receive a confirmation email with an order number, which you must keep in your records. If you communicate with Datexco about mobile banking in the future regarding your reward order, you may be asked to provide your order number.

Charitable donations. You can choose to contribute your money or points, once you have the minimum to redeem, for charity or benevolence, in which case Datexco will convert your points into a cash value, determined by DATEXCO at that time ("charity donation") and transfer it to the charity as part of an annual transfer plan (see below). When Datexco has an official list of social beneficiaries to donate directly from any of our applications or the web, it will donate annually a minimum of USD $100.oo for each of these social organizations listed on the social program. You agree not to request or obtain money in exchange for your donation. After making a charity donation, the redeemed amount for this purpose cannot be canceled or refunded. Datexco makes the corresponding payment to the charity donation, which is made based on the money or points redeemed by all users who decide to contribute within the taxable year and will be transferred to the charitable organization(s) by April 30 of the following year. The donation certificate will be issued in the name of datexco or one of the allied companies. If the charity you choose is no longer available at the time of the planned transfer, your charity donation will be transferred to a charity of Datexco's choice or whichever you choose if you can do so. Datexco (as defined below) is not responsible for any loss or delay in payments to charitable organizations.

Third-party trademarks, names of individuals, groups, companies, products, and services involved in a mission and prizes or rewards used in a mission are used for identification purposes only and may be protected by intellectual property rights, such as trademarks and copyrights, of their respective owners. The mention of any individual, group, or company or the inclusion of a product or service within a mission or as a Mission reward does not imply any association or endorsement by such person, group, or company or the manufacturer or distributor of such product or service, and unless otherwise stated, no association or endorsement is intended or should be inferred.

8. Warranty Exclusion

The use of the services and products offered by DATEXCO is subject to the following warranty exclusion. Please read carefully before continuing.

Waiver of Explicit Warranties: DATEXCO does not provide any express warranty regarding its services and products, whether in writing, verbally, or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, reliability, absence of computer viruses, uninterrupted availability, accuracy of the information provided, and meeting your expectations.

Exclusion of Implied Warranties: DATEXCO excludes all implied warranties to the extent permitted by applicable law. This means no warranties are offered regarding the quality, safety, accuracy, completeness, timeliness, reliability, quality, or any other aspect of the services and products provided.

User-Assumed Risk: The use of DATEXCO's services and products is at your own risk and responsibility. No warranties are granted regarding the suitability, safety, reliability, quality, outcomes, or any other aspect of the services and products offered. The user assumes full responsibility for any damage, loss, or harm that may arise from using DATEXCO's services and products and its allies.

Limitation of Liability: DATEXCO will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the services and products provided. This includes, but is not limited to, data loss, business interruption, loss of profits, property damage, or any other damage or loss that may arise.

Exclusion of Liability for Third Parties: DATEXCO assumes no responsibility for the acts, omissions, mistakes, or conduct of third parties related to the services and products provided. This includes, but is not limited to, service providers, business partners, advertisers, and other site users.

Changes and Modifications: DATEXCO reserves the right to make changes, modifications, or updates to the services and products without prior notice. This can include changes in features, functionalities, terms and conditions, privacy policies, and any other related aspect.

9. Payments and Transactions

Payment Terms:

a. When using Datexco's apps or website, you may have the option to make payments for certain products, services, or functionalities.

b. Payments may be processed through accepted payment methods, which may include credit cards, debit cards, or other electronic payment methods.

c. You agree to provide accurate and complete payment information when making a transaction and warrant that you have the rights and authority to use the selected payment method.

Refund Policies:

a. Datexco may offer refunds in certain circumstances and at its discretion.

b. Refund policies will be determined on a case-by-case basis and may be subject to specific conditions set in each transaction or service.

c. You agree to review and comply with the applicable refund policies before making a transaction.

Transaction Security:

a. Datexco is committed to protecting the security of your transactions and the confidentiality of your payment information.

b. We use industry-standard security measures to protect your data and ensure secure transactions.

c. However, please note that no data transmission over the internet or any communication network can be guaranteed to be 100% secure, and you assume any risk associated with online information transmission.

Liability and Disclaimer:

a. Datexco will not be liable for any damage, loss, or harm resulting from transactions made through the apps or website, including but not limited to, unauthorized transactions, processing errors, or service interruptions.

b. You agree that any dispute or claim related to a transaction should be resolved directly between you and the service provider or financial entity involved, with no liability to Datexco.

Financial Information and Privacy:

a. When making transactions through the apps or website, you agree to provide accurate and up-to-date financial information.

b. The collection and use of your financial information will be governed by our privacy policy, which is available on the corresponding website and apps.

Changes in Payment Terms:

a. Datexco reserves the right to modify or update payment terms at any time.

b. Any change in payment terms will apply prospectively to transactions made after the effective date of the change.

By making payments or transactions through Datexco's apps or website, you agree to comply with the terms and conditions set out in this chapter. It is your responsibility to review and understand the payment terms, refund policies, and security measures before making any transaction.

10. Privacy and Data Protection

Datexco is committed to protecting the privacy and personal data of its users. This chapter provides an overview of the privacy policy and describes how personal data is collected, used, protected, and shared. By using Datexco's applications or website, you agree to the practices described in this chapter.

Data Collection:

a. Datexco may collect personal data, such as name, email address, phone number, demographic information, and other relevant information to provide the requested services.

b. Data collection can occur when users register, use the features of the applications or website, interact with the offered services, or provide information voluntarily.

Data Use:

a. The collected personal data may be used to improve services, personalize the user experience, provide assistance and support, communicate with users, send relevant information, perform analytics, and conduct internal research.

b. Datexco will use personal data in accordance with applicable laws and regulations.

Data Sharing:

a. Datexco may share personal data with third-party service providers that help enhance and improve the offered services.

b. Datexco may also share personal data in case of legal requirements, law enforcement, rights protection, safety, and fraud prevention.

Cookies and Similar Technologies Policy:

a. Datexco may use cookies and other similar technologies to gather user activity information, enhance service functionality and personalization, and facilitate navigation in the applications or website.

b. Users can manage their cookie preferences through their browser or device settings.

Data Protection:

a. Datexco implements adequate security measures to protect users' personal data from unauthorized access, disclosure, or destruction.

b. However, it's essential to note that no security measure is absolute, and Datexco cannot guarantee the complete security of transmitted or stored data.

Consent and Data Owner's Rights:

a. By providing personal data, users consent to the processing of such data according to this privacy policy.

b. Users have rights regarding their personal data, including access, correction, deletion, and opposition to processing.

c. Users can exercise their rights and request additional information about the processing of their personal data through Datexco's provided contact channels.

Changes to the Privacy Policy:

a. Datexco reserves the right to modify or update the privacy policy at any time.

b. Changes to the privacy policy will become effective from their publication date on the applications or website.

c. Users are advised to periodically review the privacy policy to stay informed about the current data collection, use, and protection practices.

By using Datexco's applications or website, you accept the privacy policy and the processing of your personal data according to the terms and conditions set out in this chapter. It is your responsibility to review and understand the privacy policy before using the services.

11. The Site or Applications

Each site/application contains a variety of materials: (1) copyrighted items, such as information, articles, opinions, directories, guides, graphics, photographs, illustrations, video and audio clips, advertisements, promotional materials, data, software, compilations, designs, and graphical interfaces, and (2) logos and trade identities, including names of participating stores and brands, whether registered or not, and (3) other forms of intellectual property (all of the above, collectively and individually referred to as "Content").

Ownership: Each site/application (including past, present, and future versions) and its content are the property of Datexco or its licensors. All rights, titles, and interests in and to the content are owned by Datexco or its licensors and are protected by international copyright, trademarks, patents, or other proprietary rights and laws. Except as otherwise minimally permitted by applicable law or this Agreement, copying or other exploitation of content without the prior written permission of DATEXCO or the applicable content owner is not allowed.

License: Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable, and limited license to view, download, and use a single copy of the content retrieved from the site/application for your personal, non-commercial use, and when used on an Apple or Google platform, as permitted by the usage rules set out in the App Store or Google Play Store.

Terms of Service: If you're using the site/application through Apple or Google's platform, you acknowledge that DATEXCO, not Apple or Google, is responsible for the site/application and content. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content. Except as otherwise minimally permitted under applicable law, you may not use any content available in any other manner or for any other purpose without the prior written authorization of DATEXCO or the provider, as applicable.

Prohibited Activities: The user agrees not to: a) use robots, spiders, wanderers, crawlers, or any other data mining or information extraction technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the content, and b) modify, frame, reproduce, archive, sell, lease, rent, change, create derivative works, publicly display, broadcast, distribute, transmit, retransmit, circulate to third parties or on any third-party website, or any other use of the content in any way for public or commercial purposes, except as specifically permitted by this Agreement.

Title: Ownership of any content that's downloaded or printed is not transferred to you. You may own the medium on which the content is recorded or printed, but our licensor retains all rights, titles, and interests in and to such content, and all intellectual property rights of the content. All rights not expressly granted in this Agreement are expressly reserved for DATEXCO or its licensors.

Separately Licensed Content: In some cases, certain content downloaded from the site/application is subject to a separate license agreement or other additional terms, which will be provided at the time of downloading or viewing the content.

12. User Comments, Announcements, and Shared User Content

We may provide user comment areas, through messages, product identification, product analysis, or other interactive areas on the site/application ("User Forums") to give site/application users a forum to edit community content, express their opinions, or share their ideas, information, materials, and other user-generated content (each, a "Submission"). Additionally, we may provide tools that allow you to share user content, such as lists, with others ("shared content").

Rights granted to us. Whenever you submit, post, upload, or make available (collectively, "Submit") a response to a user forum or any other aspect of the site/application or directly to DATEXCO (even by email or text message) you: 1) grant DATEXCO an irrevocable, worldwide, non-exclusive, perpetual, fully sub-licensable and transferable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works, publish, broadcast and perform your submissions, and your username, first and last name, profile photo, likeness and other identification information in connection with your submission through any medium known or subsequently developed, without any compensation or other obligations (e.g., attribution) to you and 2) waive all your moral rights in each submission, even if your submissions are altered or changed in a way unacceptable to you.

No liability. We are not responsible for, and do not endorse, the submissions posted in the user forums or shared content. There is no obligation to pre-screen. We do not have, and the company assumes no obligation to pre-screen, monitor, edit, or delete any submission or shared content. We are not responsible for user content, so be aware it might be inappropriate or inaccurate. However, we reserve the right (but not the obligation), at our sole discretion and for any reason, to pre-screen, monitor, edit, reject admission, publication, remove or move any of the submissions or shared content to enforce this Agreement, including the Rules (defined later). If your submission or shared content contains offensive, indecent, or otherwise objectionable content, or infringes third-party rights, you have a legal obligation to remove your objectionable or infringing content.

No confidential relationship. Unless otherwise stated in the site/application's new privacy policy, none of the submissions and shared content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure, and there are no obligations to you regarding your Submissions or shared content, implicit or otherwise, not explicitly in this Agreement. You acknowledge and agree your relationship with DATEXCO is not a confidential, fiduciary, or other special type of relationship, and your decision to submit any submissions or share any shared content does not place DATEXCO in a position different from the position held by the general public regarding your communications or shared content. None of your communications or shared content will be subject to any confidentiality obligation on DATEXCO's part, and DATEXCO will not be liable for any use or disclosure of any submission or shared content you provide.

Representations you make to us. You are solely responsible for all your submissions and shared content. By submitting a Submission or sharing shared content, you represent and warrant to DATEXCO that each Submission and shared content: (1) is not confidential and you have all necessary permissions to submit such Submission or share such Shared Content; and (2) does not violate, divert or infringe the rights of third parties, including, without limitation, any intellectual property rights, publicity or privacy rights, or any other proprietary rights.

No obligation to use. You agree and understand that we are not obligated to publish, save, transmit, make available or use your communications or shared content. Shared content cannot stop being shared. Just like emails, once you agree to share shared content, it cannot be undone, and recipients may share further with others. You can create new content with different sharing settings, but you cannot remove access to content for which access has already been granted, even if that content still exists.

Parties have the right to be represented by an attorney in arbitration, and, if an in-person hearing is required, it will be held in the metropolitan area where the claiming party resides. Any claim or complaint (except excluded disputes) must be filed within one year from the facts that gave rise to the controversy, as allowed by applicable law.

Class actions are not allowed, and disputes are only arbitrated individually, without consolidation with other arbitrations or proceedings involving third-party claims. However, if a competent court or arbitrator determines that this restriction is unenforceable, the arbitration agreement will not apply, and the dispute must be filed exclusively in the courts in Colombia.

13. Limitation of Liability

The use of Datexco's applications or website is subject to the following terms and conditions, including the liability limitations set out in this chapter. By using the applications or the website, you acknowledge and agree that:

Liability Waiver:

a. Datexco is not responsible for any loss, damage, or inconvenience that may arise from the use of the applications or the website, including but not limited to, data loss, service interruption, errors, technical failures, delays, or any other technical or non-technical problem.

b. Datexco does not guarantee the continuous and uninterrupted availability of the applications or the website, nor the accuracy, reliability, or suitability of the information and content provided through them.

Use at your own risk:

a. The use of the applications or the website is the sole responsibility of the user. Datexco is not responsible for the decisions, actions, or consequences derived from the use of the applications or the website.

b. The user assumes all risks associated with the use of the applications or the website, including but not limited to downloading files, transmitting data, or relying on the information and content provided.

Limitation of liability:

a. To the fullest extent permitted by applicable law, Datexco will not be liable to the user or any third party for any loss, damage, claim, or direct, indirect, incidental, special, consequential, or punitive liability that may arise from the use of the applications or the website.

b. This limitation of liability applies to any legal theory, including negligence, breach of contract, strict liability, or any other theory, even if Datexco has been informed of the possibility of such damages.

Indemnification:

a. The user agrees to indemnify and hold harmless Datexco, its affiliates, directors, employees, and agents, from any claim, action, demand, loss, liability, cost, or expense, including reasonable legal fees, that may arise from the use of the applications or the website or from the breach of these terms and conditions.

Force majeure:

a. Datexco will not be liable for any delay, failure, or impediment in fulfilling its obligations under these terms and conditions when such delay, failure, or impediment is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government authority, wars, riots, strikes, technical failures, or any other unforeseen or unavoidable event.

Jurisdiction and applicable legislation:

a. Any dispute or controversy related to the use of the applications or the website will be subject to the exclusive jurisdiction of the competent courts of [jurisdiction] and will be governed by the laws of [legislation

14. Dispute Resolution and Jurisdiction

In the event of any dispute or controversy arising from the use of the Datexco applications or website, both parties agree to submit to the following dispute resolution provisions:

Good faith negotiation:

a. The parties agree that any dispute or controversy will first be submitted to a good faith negotiation process. Any party having a dispute must notify the other party in writing, providing a detailed description of the dispute and a resolution proposal. The other party must respond in good faith within a reasonable period.

Mediation:

a. If the parties fail to resolve the dispute through direct negotiations, they agree to submit the dispute to mediation. The mediation will be administered by a neutral mediator agreed upon by both parties. The parties will cooperate in good faith with the mediator and work to reach a mutually acceptable solution.

Arbitration:

a. If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration. The arbitration will be conducted according to the commercial arbitration rules and procedures in effect at [arbitration institution]. The arbitration will be conducted by a neutral arbitration tribunal consisting of one or more arbitrators, whose decision will be final and binding on both parties.

Exclusion of collective actions:

a. The parties agree that any dispute will be resolved individually and may not participate in collective actions, class actions, or consolidated proceedings.

Jurisdiction and applicable law:

a. The parties agree that any dispute not subject to mediation or arbitration will be subject to the exclusive jurisdiction of the competent courts of Colombia and will be governed by Colombian laws, regardless of their legal conflict principles.

By using the Datexco applications or website, you acknowledge and agree that you have read, understood, and accepted the dispute resolution provisions set out in this chapter. The parties commit to doing everything possible to resolve any dispute amicably before resorting to mediation or arbitration.

If you are using the site/application on Google or Apple's platform, you acknowledge and agree that after accepting the terms and conditions of this Agreement, Apple or Google are not considered a stakeholder, and that Google and Apple are third-party non-beneficiaries of this Agreement, and you hold Google and Apple harmless from the investigation, defense, settlement against claims for any infringement.

15. Modifications and Updates

Datexco reserves the right to make modifications or updates to these terms and conditions at any time and at its sole discretion. Changes will take effect as soon as they are published on the Datexco applications or website. It is your responsibility to periodically review these terms and conditions to be aware of any changes.

Datexco commits to notifying any material change to these terms and conditions through appropriate means, such as postings on the applications or website, sending email notifications, or messages within the applications. You will be deemed to have accepted any change made to the terms and conditions if you continue to use the applications or website after the change notification has been posted.

We recommend that you regularly review these terms and conditions to ensure you are familiar with the most updated version. If you disagree with the updated terms and conditions, you should stop using the Datexco applications or website.

Datexco will strive to provide adequate and timely notification of any material change to these terms and conditions. However, you agree that it is your responsibility to check periodically for changes to the terms and conditions.

Continued use of the Datexco applications or website after any modification or update of these terms and conditions will be considered your acceptance of the modified or updated terms.

If you have any questions or concerns about the changes made to the terms and conditions, we recommend that you contact us through the contact channels provided on the applications or website.

Please note that any change in the terms and conditions will not affect the rights previously acquired by users under previous agreements or transactions.

If you have any questions or concerns about these general provisions or any other part of the terms and conditions, please do not hesitate to contact us through the contact channels provided on the applications or the website www.datexco.com

16. General Provisions

Applicable Legislation: These terms and conditions will be governed and interpreted in accordance with the laws of the country in which Datexco operates, without regard to its conflicts of legal provisions. Any dispute or claim arising out of or relating to these terms and conditions will be subject to the exclusive jurisdiction of the competent courts in the country where Datexco operates.

Independence of Clauses: If any provision of these terms and conditions is deemed invalid, illegal, or unenforceable for any reason, such provision will be considered separate from the rest of the terms and conditions and will not affect the validity and applicability of the remaining provisions.

Waiver: Datexco's failure to enforce or exercise any right or provision set out in these terms and conditions will not be construed as a waiver of such right or provision. Any waiver by Datexco to enforce any right or provision must be in writing and signed by an authorized representative of Datexco.

Divisibility: If any part of these terms and conditions is deemed unenforceable or illegal, that part will be considered separable and will not affect the applicability and validity of the remaining parts.

Complete Agreement: These terms and conditions constitute the entire agreement between you and Datexco regarding the use of the applications or website and replace any previous agreement or understanding, whether oral or written, concerning the same subject.

Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these terms and conditions without the prior written consent of Datexco. Datexco may assign, transfer, or delegate these terms and conditions, in whole or in part, to any third party without your consent.

Headers: The headers used in these terms and conditions are for convenience only and will not affect the interpretation or scope of the provisions.

Language: These terms and conditions may be available in several languages for your convenience. In case of conflict or discrepancy between versions in different languages, the original language version will prevail.

17. Nullity of the Agreement

If any provision of this Agreement is deemed by a court or other union authority to be valid, it is agreed that every effort will be made to interpret the intentions of the parties as reflected in such provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

18. Terms and Conditions of Use for the DATEXCO Website

The Terms and Conditions of Use are located on the DATEXCO website: www.datexco.com, and all its subdomains or brands of the group or associated companies. The provisions apply to any disputes that may arise in relation to this Terms and Conditions statement, Privacy, the collection, use, and disclosure of your Personal Information.