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Terms and Conditions for the use of Munily App – All Countries

TERMS AND CONDITIONS FOR THE USE OF THE MUNILY APP

Regulations for the use of the mobile application.

This document establishes the conditions by which the use of the mobile application: Munily’s web, whose domain is http://www.munily.com , to all its related or linked sites/apps from http://www.munily.com (hereinafter the application), which is operated by TECHNOLOGY SOLUTIONS S.A., a company duly registered in Folio 155652812, of the Microfilm Section (Mercantile) of the Public Registry of Panama, hereinafter MUNILY, shall be governed. The user agrees to read the terms and conditions set forth herein and by accepting them it is understood that he/she has full knowledge of this document and all of its stipulations. The user acknowledges that the entry of his personal information, and the data contained in the application at his disposal regarding his information and other personal data, is done voluntarily, those who choose to access this application do so on their own initiative and are responsible for compliance with local laws, to the extent that such laws are applicable in their country.

Authorized use of the application

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

Scope and use

The user of the application understands and accepts that, notwithstanding, it is operated by MUNILY, the information contained in the same will be the one referring to its contractual link with each co-ownership, therefore, the functionalities offered by the application will be delivered to each user according to its link with the condominium. The application will make available to the user information and/or will allow the realization of the transactions determined or enabled by the condominium according to the type of user. MUNILY may update, add, modify or eliminate the functionalities at any time, which the user accepts by installing the application. In any case, at the time of such modifications, the user will be notified through the same mobile application once logged in and the user may decide whether to continue enjoying the services of MUNILY accepting the new terms and conditions applicable. 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 condominium. The user accepts and authorizes that the electronic records of the aforementioned activities carried out in the application constitute full proof of the same.

Requirements for use

The user must have an intelligent mobile device (Smartphone) or Tablet with Android or IOS operating system, any of these with internet access, both secure and reliable. MUNILY will not be responsible for the security of the Smartphone devices owned by the users used to access the channel, nor for the availability of the service in the devices in which the application is downloaded. To the extent permitted by law, the application materials are provided without warranty of any kind, express or implied, including without limitation warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement, therefore, MUNILY does not guarantee proper operation on the various operating systems or devices on which the application is used. To access the application, the user will use his/her email and password, which identifies him/her in his/her relationship with the condominium. In addition to the above, the double authentication factor implemented by MUNILY will be required.

Obligations of users

The User undertakes to use the application and the contents found in it in a diligent, correct and lawful manner and, in particular, undertakes NOT to engage in the conduct described below:
  • Use the contents in a manner, with purposes or effects contrary to law, morality and generally accepted good customs or public order;
  • Reproduce, copy, represent, use, distribute, transform or modify the contents of the application, by any process or on any support, in whole or in part, or allow public access through any form of public communication;
  • Use the contents in any way that entails a risk of damage or disablement of the application or the contents or third parties;
  • Suppress, elude or manipulate the copyright and other data identifying the copyright incorporated to the contents, as well as the technical protection devices, or any information mechanisms that the contents may have;
  • Use the contents and, in particular, the information obtained through the application to distribute, transmit, forward, modify, refuse or report advertising or the contents thereof for the purpose of direct sale or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to market or disclose in any way such information;
  • Allow third parties to use the mobile application by sharing your username and password;
  • Use the application and the contents for lawful and/or unlawful purposes, contrary to the provisions of these Terms and Conditions, or the use of the application itself, that are harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or impair the application and the contents or prevent the normal use or enjoyment of this and the contents by the users.

Intellectual Property

All computer, graphic, advertising, photographic, multimedia, audiovisual and design material, as well as all contents, texts and databases made available in this application are protected by copyright and/or industrial property rights owned by MUNILY or by third parties who have authorized their use or exploitation by MUNILY, or their use is expressly authorized by law. All the contents of the application are protected by copyright and by all applicable national and international regulations. Except as expressly provided in these Terms and Conditions, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the contents of this application, in any manner or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MUNILY or the owner of the respective rights, is prohibited. In no event do these Terms and Conditions confer any rights, licenses or authorizations to do any of the foregoing prohibited acts. Any unauthorized use of the contents will constitute a violation of this document and of the current regulations on copyrights, the current national and international regulations on Industrial Property, and any other applicable regulations.

License to copy for personal use

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

Site/app usage

The use of robots, spiders or other automatic devices, programs, algorithms, methodologies or similar manual processes to access, acquire, copy or track portions of the site/app or its content in order to obtain or attempt to obtain materials, documents or information not available through the site/app is prohibited. MUNILY reserves the right to prohibit any such activity. It is prohibited to scan, scan or assess the vulnerability of the site/app or any network connected to it, or to breach the security or authentication measures of the site/app or any network connected to it. It is not allowed to track or search for data of users, visitors to the site/app or other MUNILY customers. You also may not in any way exploit the site/app or any other service or information available or offered through the site/app for the purpose of revealing information, including without limitation, personally identifiable or other information that is not your own provided by the site/app/app. You agree not to take any action that causes disproportionate or unnecessary load on the site/app/app infrastructure or MUNILY’s systems or networks. You agree not to employ any device, program or routine for the purpose of attempting to interfere with the proper working of the site/app/app or any transaction being conducted on the site/app, or with any other person’s use of the site/app. You may not use the site/app/app or its content for any purpose that is unlawful or illegal under these terms of use. You may not engage in any activity that is unlawful or infringes the rights of MUNILY or any third party.

Non-compliance with conditions of use

MUNILY may disclose your personal information (including your identity) in order to conduct an investigation or complaint regarding your use of the site/app, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MUNILY’s property rights or the property rights of users of the site/app, including MUNILY’s customers. MUNILY reserves the right at all times to disclose any information as required by law or law enforcement agencies to comply with any law, regulation, legal process or governmental request. MUNILY may also disclose your information if MUNILY believes that applicable law requires it. You agree to understand and accept that MUNILY may retain any communication with you or any service provided through it. MUNILY may also disclose such data if it is legally required to do so or if it believes that such retention or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that such data violates the rights of third parties, or (4) protect the rights, property or safety of MUNILY, its employees, users of or visitors to the site/app and the public. If MUNILY takes any legal action against you as a result of your violation of these Terms of Use, MUNILY shall be entitled to recover from you all reasonable attorneys’ fees and costs of such action, in addition to any other relief it may be entitled to. You agree that MUNILY shall have no liability to you or any third party for termination of your access to the site/app as a result of your breach of these Terms of Use.

Terms and conditions for recording communications in Condominium Property

  1. Informed Consent. By accepting these Terms and Conditions, the resident and/or owner grants his/her informed consent to the recording of telephone communications made by the security guard in the context of the administration and security of the condominium.
  2. Purpose of Recording. The recording of communications shall be carried out exclusively for the purpose of ensuring security, access control and proper administration of the Condominium.
  3. Secure Storage. All recordings will be securely stored and will only be accessed by the manager, resident and/or owner in situations requiring verification of events or resolution of issues related to the security and management of the property.
  4. Restricted Access. Access to the recordings shall be restricted to personnel in charge of the management of the condominium. The information will not be shared with third parties outside the condo without the explicit consent of the owner/resident, unless required by law.
  5. Data Retention. Recordings will be retained for 8 months to fulfill the stated purposes and will be securely deleted when no longer required.
  6. Transparent Information. Transparent and accessible information about the practice of recording communications, including these terms and conditions, shall be provided to ensure complete understanding by the homeowner and resident.
  7. Changes to Terms. In the event of changes to these terms and conditions, the owner and resident will be notified in a timely manner, and their consent will be sought if necessary.

Additional terms and conditions for purchases

The currency in which all transactions within the site/app will be processed is the US dollar. Additional Terms and Conditions shall apply to the purchase of goods, as well as to specific areas or features of the site/app, promotions or the like, which form part of these Terms of Use. You agree to abide by such additional Terms and Conditions, including, where applicable, the age of majority requirement to use or participate in such services or features. In the event of any 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 particular part or service shall prevail. MUNILY’s obligations, if any, with respect to its products and services are governed solely by the agreements pursuant to which they are sold or provided, and nothing may 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 thereto, at any time without notice. The materials on the site/app with respect to products and services may be out of date, and MUNILY makes no commitment to update the materials on the site/app. Each of these policies may be updated from time to time, in which case it will be effective immediately upon posting of the changes on the site/app. Products, Prices and exclusive benefits of online shopping The products presented may vary in design, color due to the manufacturers. The products presented with their prices have a validity date or while stocks last, after this date, they will return to their regular price. Internet prices are exclusive of this channel, they are not a mirror of the physical stores.

Habeas Data

Taking into account the target audience of the application, i.e. people with a current relationship with MUNILY, including, but not limited to, administrators, security guards, residents and guests, etc., the user understands and accepts that the present application will request and use his/her personal data, according to the authorizations previously granted by the user, within the framework of Law 1581 of 2012, the other regulations that regulate, modify or repeal it and the Manual of Personal Data Policies of MUNILY which can be consulted in the Web Page: https://munily.com In case the user enters the data of a third party, not linked to MUNILY, or to a co-ownership, he/she declares that he/she has the authorization of the same to generate this entry. MUNILY. will only process this data for the purposes indicated at the beginning. The user also accepts that MUNILY. may collect his/her IP address for system administration purposes, to audit trends in the use, performance and/or behavior of the application under the conditions established in the particular section.

Responsibility of MUNILY.

MUNILY will try to guarantee the availability, continuity or proper functioning of the application. MUNILY may block, interrupt or restrict access to the application when it deems it necessary for the improvement of the application or for its termination. The User is recommended to take adequate measures and act diligently when accessing the application, such as, for example, having protection programs, antivirus, malware, spyware and/or similar tools on the devices from which they are connecting to the system. MUNILY shall not be liable for: a) Force majeure or acts of God; b) Loss, misplacement or theft of your mobile device that implies access by third parties to the mobile application; c) Errors in typing or access by the client; d) Damages, loss of profits, consequential damages, moral damages, and in general amounts payable by MUNILY, due to delays, non-processing of information or suspension of the mobile operator’s service or damage to the mobile devices.

Denial and withdrawal of access to the application

In the event that a User breaches these Terms and Conditions, or any other applicable provisions, MUNILY may suspend the User’s access to the application.

Terms and Conditions

The User expressly accepts the Terms and Conditions, being an essential condition for the use of the application. In the event that you find yourself in disagreement with these Terms and Conditions, please leave the application immediately. MUNILY may modify these Terms and Conditions, notifying the users of the application through publication on the web page: https://munily.com, by disseminating the modifications through the application, by any electronic means, social networks, SMS and/or email, which will be understood as accepted by the user if he/she continues with the use of the application.

Jurisdiction

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

Security and Confidentiality

MUNILY is committed to protecting the security of your information. MUNILY has security mechanisms in place to ensure the protection of personal information and access only to authorized personnel and systems, as well as against the loss, misuse and alteration of your user data under our control. Except as stated herein, only authorized personnel have access to the information you provide to us. In addition, we have imposed strict rules on MUNILY employees with access to databases that store user information or to servers that host our services.