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Terms and Conditions for the use of Munily App

REGULATION FOR THE USE OF THE MOBILE APPLICATION

This document establishes the conditions under which the use of the mobile application: Munily web, whose domain is www.munily.com, and all its related sites/apps linked from www.munily.com (hereinafter the application), which is operated by MUNILY SAS, identified with Nit. 901.416.819-1., which is a private legal entity, registered in the Chamber of Commerce of Bogotá under registration number 03292040. The user agrees to read the terms and conditions set forth herein and, by accepting them, it is understood that the user has full knowledge of this document and all of its stipulations. The user acknowledges that the entry of their personal information and the data contained in the application at their disposal regarding their information and other personal data is voluntary, and those who choose to access this application in Colombia or from outside the national territory do so on their own initiative and are responsible for complying with local laws, to the extent that such laws are applicable in their respective country.

AUTHORIZED USE OF THE APPLICATION

The purpose of the application is to serve as a platform for the management and administration of co-properties, interconnecting administrators, security guards, residents, and guests to provide security and community communication solutions. Unless these terms of use explicitly state otherwise, it is not permitted to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any part or content of the site/app in any other computer, server, website, or other medium of publication or distribution without the prior written consent of Munily.

SCOPE AND USE

The user of the application understands and accepts that, notwithstanding that it is operated by MUNILY S.A.S., the information contained therein will refer to their contractual relationship with each coproperty, therefore, the functionalities offered by the application will be provided to each user according to their link with the property. The application will make available to the user information and/or allow the performance of transactions determined or enabled by the coproperty according to the type of user. MUNILY S.A.S. may add, modify or delete functionalities at any time, which the user accepts by installing the application. In any case, when making such modifications, the user will be notified through the same mobile application once they log in. The response times, procedures, and other requests made by the user through the application will be processed in accordance with the specifications of each active service in each coproperty. The user accepts and authorizes that electronic records of the mentioned activities carried out in the application constitute full proof of them.

REQUIREMENTS FOR USE

The user must have a smartphone or tablet with Android or IOS operating system, either of which has access to the internet, both secure and reliable. MUNILY S.A.S. will not be responsible for the security of the users’ smartphone devices used to access the channel, nor for the availability of the service on the devices on which the application is downloaded. To the extent permitted by law, the materials of the application are provided without any warranty, express or implied, including without limitation warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, therefore, MUNILY S.A.S. does not guarantee proper operation on different operating systems or devices on which the application is used. To access the application, the user will use their email and password, which identifies them in their relationship with the coproperty. In addition to the above, the double authentication factor implemented by MUNILY S.A.S. will be required.

USERS’ OBLIGATIONS

  • The User undertakes to use the application and the content found therein in a diligent, correct, lawful manner, and in particular, agrees NOT to engage in the conduct described below:
  • Use the content in a way, for purposes or effects contrary to law, morals, generally accepted good customs or public order.
  • Reproduce, copy, represent, use, distribute, transform or modify the content of the application, by any means or on any media, in whole or in part, or allow public access through any form of public communication.
  • Use the content in any way that involves a risk of damage or disabling of the application or its content or third parties.
  • Delete, bypass, or manipulate the copyright and other identifying data of the copyright incorporated into the content, as well as technical protection devices, or any information mechanisms that the content may have.
  • Use the content, and in particular, the information obtained through the application to distribute, transmit, send, modify, refuse or report advertising or content for direct sales purposes or for any other commercial purpose, unsolicited messages directed to a plurality of people regardless of their purpose, as well as commercialize or disclose such information in any way.
  • Not allow third parties to use the mobile application with their password.
  • Use the application and the content for lawful and/or unlawful purposes, contrary to what is established in these Terms and Conditions, or to the use itself of the application, which may be detrimental to the rights and interests of third parties, or in any way may damage, disable, overload or deteriorate the application and the content or impede the normal use or enjoyment of it and the content by users.

INTELLECTUAL PROPERTY

All computer, graphic, advertising, photographic, multimedia, audiovisual and design materials, as well as all content, texts and databases made available to you in this application are protected by copyright and/or industrial property rights whose owner is MUNILY S.A.S. or third parties who have authorized their use or exploitation by MUNILY S.A.S., or whose use is expressly authorized by law. All content in the application is protected by copyright laws and all national and international laws applicable to it. Except as expressly stipulated in these Terms and Conditions, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, exhibition of the contents of this application, in any manner or by any means, including but not limited to, electronic, mechanical, photocopying, recording or any other kind, is prohibited without the prior written permission of MUNILY S.A.S. or the owner of the respective rights. In no case do these Terms and Conditions grant rights, licenses, or authorizations to perform the acts previously prohibited. Any unauthorized use of the contents will constitute a violation of this document and the current laws on copyright, national and international laws on industrial property, and any other applicable laws.

LICENSE TO COPY FOR PERSONAL USE

You may read, view, print, and download the material from your products. No part of the application may be reproduced or transmitted or stored on another website or in any other form of electronic retrieval system. Whether specifically recognized or not, trademarks, service marks, and logos displayed on this application belong to MUNILY S.A.S. or authorized third parties. MUNILY S.A.S. does not interfere, make decisions, or guarantee the relationships that users establish or the links with third parties that advertise and/or promote their products and services. These third-party trademarks are used only to identify the products and services of their respective owners, and sponsorship or endorsement by MUNILY S.A.S. should not be inferred from the use of these trademarks.

USE OF THE SITE/APP

The use of robots, spiders or other automatic devices, programs, algorithms, methodologies or similar manual processes to access, acquire, copy or track part of the site/app or its content in order to obtain or attempt to obtain materials, documents or information not available through it is prohibited. Munily reserves the right to prohibit any activity of this nature. It is prohibited to explore, scan, or evaluate the vulnerability of the site/app or any network connected to it, as well as to break the security or authentication measures of the site/app or any network connected to it. It is not allowed to trace or search for user data, site/app visitors, or other Munily clients. It is also not allowed to exploit the site/app or any other service or information available or offered through it for the purpose of disclosing information, including, but not limited to, personal identification or information that is not provided by the site/app. You agree not to carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the site/app or in Munily’s systems or networks. You agree not to use any device, program, or routine to try to interfere with the proper functioning of the site/app or any transaction carried out on it, as well as not interfere with the use that other people are making of the site/app. The use of the site/app or its content for illegal or unlawful purposes according to these terms of use is not permitted. It is also not allowed to engage in any illegal activity or activity that infringes the rights of Munily or third parties.

INTEGRATION WITH OTHER APPLICATIONS

You agree to indemnify and not sue or claim losses, expenses, or liabilities (including attorney fees) to Munily, its directors, administrators, shareholders, employees, agents, subsidiaries, or associates, not on your behalf or that of third parties, due to your use of the site/app.

BREACH OF TERMS OF USE

The Facebook®, Instagram®, and Twitter® links on this application may display content that is not under the control of MUNILY S.A.S. In this sense, MUNILY S.A.S. only provides the link to the platforms, but the content, access, and use are the user’s responsibility and each of the platforms. Although this application MUNILY S.A.S. tries to provide links only to third-party sites and applications that comply with applicable laws and regulations and MUNILY S.A.S.’s rules, the User must understand that MUNILY S.A.S. has no control over the nature and content of those sites and is not recommending these sites, the information they contain, or third-party products or services. MUNILY S.A.S. accepts no responsibility for the content of a third-party site with which there is a hyperlink and offers no warranty (express or implied) as to the content of the information on those sites, as it does not recommend them. You should review the terms and conditions, legal, and privacy policy sections of some other sites of MUNILY S.A.S. or a third party with which you are linking. MUNILY S.A.S. assumes no responsibility for direct, indirect, or consequential loss for the use of a third-party site.

ADDITIONAL TERMS AND CONDITIONS FOR PURCHASES

The currency for all transactions within the site/app will be the Colombian peso. Additional terms and conditions will apply to the acquisition of goods, as well as to specific areas or provisions of the site/app, promotions or similar, which are part of these terms of use. By accepting these additional terms and conditions, including, where applicable, the requirement of legal age to use or participate in such services or provisions. In case of conflict between these terms of use and the terms and conditions governing a particular part or service of the site/app, the terms and conditions for that specific part or service will prevail. Munily’s obligations, if any, with respect to its products and services are governed solely by the agreements under which they are sold or provided, and nothing can be inferred from the site/app to alter such agreements. Munily may make changes to the products and services offered on the site/app, or to the prices applicable to them, at any time and without prior notice. The materials on the site/app with respect to the products and services may be out of date, and Munily does not undertake to update them. Each of these policies may be updated from time to time, in which case it will take effect immediately upon publication of the changes on the site/app. Products, Prices, and Exclusive Benefits of Online Purchases: The products presented may vary in design and color due to the manufacturers. The products presented with their prices have a validity date or while supplies last, after this date, they will return to their regular price. Internet prices are exclusive to this channel and are not a mirror of physical stores.

HABEAS DATA

Taking into account the target audience of the application, which includes people with a current affiliation to MUNILY S.A.S., such as administrators, security guards, residents, and guests, among others, the user understands and accepts that this application will request and use their personal data, in accordance with the authorizations previously granted by the user, within the framework of Law 1581 of 2012, other regulations that regulate, modify or repeal it, and the Personal Data Policies Manual of Munily S.A.S., which can be consulted on the website: https://munily.com In the event that the user enters the data of a third party, not affiliated with Munily S.A.S. or a condominium, they declare that they have the authorization of the third party to generate this entry. Munily S.A.S. will only process this data for the purposes indicated at the beginning. The user also agrees that Munily S.A.S. may collect their IP address for system administration purposes and to audit the use of the application, under the conditions established in the particular section.

RESPONSIBILITY OF MUNILY S.A.S.

MUNILY S.A.S. will seek to guarantee the availability, continuity, or proper functioning of the application. MUNILY S.A.S. may block, interrupt, or restrict access to it when it considers it necessary for the improvement of the application or due to its deactivation. It is recommended that the user take appropriate measures and act diligently when accessing the application, such as having protection programs, antivirus software, malware and spyware management tools, and similar tools. MUNILY S.A.S. will not be responsible for: a) Force majeure or fortuitous events; b) Loss, theft, or misplacement of the mobile device that implies third-party access to the mobile application; c) Typing errors or access by the client; d) Damages, loss of profit, consequential damages, moral damages, and, in general, amounts to be paid by MUNILY S.A.S. due to delays, failure to process information or suspension of service by the mobile operator or damage to mobile devices.

DENIAL AND WITHDRAWAL OF ACCESS TO THE APPLICATION

In the event that a user fails to comply with these Terms and Conditions, or any other provisions applicable, MUNILY S.A.S. may suspend their access to the application.

TERMS AND CONDITIONS

The User expressly agrees to the Terms and Conditions, which are an essential condition for the use of the application. In the event that you disagree with these Terms and Conditions, we ask that you immediately exit the application. MUNILY S.A.S. may modify these terms and conditions, notifying users of the application through publication on the website: https://munily.com or through the dissemination of the modifications by any electronic means, social networks, SMS and/or email, which will be deemed accepted by the user if they continue to use the application.

JURISDICTION

These terms and conditions and everything related to this application are governed by the laws of Colombia.

USE OF NON-PERSONAL INFORMATION

MUNILY S.A.S. also collects non-personal information in an aggregated form for data tracking purposes, such as the total number of downloads of the application. We use this information, which remains in an aggregated form, to understand the behavior of the application. Use of IP addresses An Internet Protocol (IP) address is a set of numbers that is automatically assigned to your mobile device when you access your internet service provider, or through your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify your mobile device by the IP address assigned to it during your online session. MUNILY S.A.S. may collect IP addresses for system administration purposes and to audit the use of our application, all in accordance with the data protection authorization that is subscribed for such purposes. We do not normally link a user’s IP address with their personal information, which means that each user session is recorded, but the user remains anonymous to us. However, we may use IP addresses to identify users of our application when necessary in order to enforce the site’s terms of use or to protect our service, site, or other users. Security and Confidentiality MUNILY S.A.S. is committed to protecting the security of your information. MUNILY S.A.S. has implemented security mechanisms that ensure the protection of personal information, as well as access only to authorized personnel and systems, also against loss, misuse, and alteration of your user data under our control. Except as indicated herein, only authorized personnel have access to the information you provide to us. In addition, we have imposed strict rules on MUNILY S.A.S. employees with access to databases that store user information or servers that host our services.