TERMS AND CONDITIONS FOR THE USE OF THE MUNILY APP

Ownership of the site/app and compliance with terms of use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Munily website/app, the domain name of which is http://www.munily.com, and all of its related sites/apps linked to or from http://www.munily.com by Munily. The site/app is owned by Munily and its licensors. BY USING THE APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM USING IT. Munily reserves the right, in its sole discretion, to change, modify, add or remove portions of the Terms of Use at any time. As long as you abide by these Terms of Use, Munily grants you a personal, limited, non-transferable and non-exclusive privilege to access and use the Site/app and its mobile application.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, songs, artwork and programming code (the “Content”), including, without limitation, the design, structure, selection, coordination, expression, style and organization of such Content, contained in the Site/app are owned, controlled and licensed by Munily and are protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. Unless these terms of use explicitly state otherwise, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way any portion or content of the site/app on any other computer, server, web page or other medium for publication or distribution without Munily’s prior written consent. You may use the information about Munily products and services available on the site/app provided that you (1) do not remove any proprietary notices from copies of the documents, (2) use such information for personal, non-commercial purposes and do not make copies or post it on any networked computer or other medium, (3) do not alter it, and (4) do not make any additional representations or warranties with respect to such documents.

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 for the purpose of obtaining or attempting to obtain materials, documents or information not available through the site/app is prohibited. Munily reserves the right to prohibit any such activity. You may not scan, scan or assess the vulnerability of the Site/app or any network connected to the Site/app or any network connected to the Site/app, or breach the security or authentication measures of the Site/app or any network connected to the Site/app. You may not track or search the 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 information or information other than 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.

Terms and conditions for recording communications in Condominium Property

1. Informed Consent. By accepting these Terms and Conditions, the resident and/or owner grants informed consent to the recording of telephone communications made by the security guard in the context of the management 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 website/app will be processed is the Balboa or its equivalent in US Dollar (USD). 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 similar, 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 control. 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 implement 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 them. Each of these policies may be updated from time to time, in which case they 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 and 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. The ratification is made by express mandate of the Authority, as provided in Article 37, paragraph 1 and 2 of Executive Decree No. 46 of June 23, 2009 (Regulation of the Consumer Protection Law).

Privacy Policy

The terms of the Munily Privacy Policy that apply to this site/app are made a part of these Terms of Use. In addition, by using the site/app, you understand and agree that transfers over the Internet may not be completely private or 100% secure. You acknowledge the possibility that a message or information you send to the site/app may be read or intercepted even though it is encrypted (for example, credit card information).

Exemption from liability

Munily does not warrant that the site/app/, content, services or features will be error-free or uninterrupted, nor does Munily undertake to correct errors without first advising you of the time it will take to do so. Nor does it undertake that your use of the site/app will provide specific results. The site/app and its content are provided on an “as is” and “as available” basis. All information published on the site/app is subject to change without notice. Munily is not responsible for the acts, omissions and conduct of third parties in connection with the misuse of the site/app or Munily’s services. Your use of the site/app and its linked sites/apps is at your own risk. The above disclaimer of liability applies to any damages, liability or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transfer, virus, communication line failure, theft or destruction, or unauthorized access, alteration or use, whether for breach of contract, negligence or otherwise. At any time, and without notice, Munily reserves the right to: (1) update, modify, suspend or terminate operation of or access to part or all of the site/app for any reason whatsoever; (2) modify or change part or all of the site/app, as well as any applicable policies or terms; (3) discontinue operation of part or all of the site/app, when necessary to perform maintenance, error correction or other changes. For any of the above cases the user may decide whether to continue enjoying Munily’s services by accepting the new terms and conditions.

Limitation of liability

Except where prohibited by law, in no event shall Munily be liable for indirect, incidental, remote, consequential, incidental or incidental damages, including lost profits, consequential damages, or moral damages, even if Munily has been advised of the possibility of such damages. Munily does not guarantee the effectiveness of Munily products when used for purposes other than those for which they were developed. Munily does not guarantee and will not be responsible for the performance or efficiency of the operations carried out through the use of the apps when the internet connection is deficient or non-existent.

Indemnification

You agree to indemnify and hold harmless Munily, its officers, directors, shareholders, employees, agents, affiliates or associates, on behalf of yourself or any third party, from and against any loss, expense or liability (including attorneys’ fees) arising out of your use of the site/app.

Non-compliance with conditions of use

Munily may disclose your personal information (including your identity) to conduct an investigation or complaint arising out of 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 proprietary rights or the 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, regulation, legal process or governmental request. Munily may also disclose your information if we believe that applicable law requires it. You agree that you understand and agree that Munily may retain any communication with you or any services provided through Munily. 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 breach of these Terms of Use, Munily shall be entitled to recover from you its reasonable attorneys’ fees and costs in connection with 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.

Applicable law and dispute resolution

You agree that all matters relating to your use of and access to the site/app, including disputes, shall be governed by the laws of the Republic of Panama, without regard to its conflict of law provisions.

Comments and information

Any comments you post on this site/app will be treated as non-confidential. Munily is free to use your feedback without restriction. The information on this web site/app is subject to change without notice TIKO TECHNOLOGIES SOLUTIONS S.A. Munily