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TERMS OF USE

Tuenti's Terms of Use

WELCOME! BY USING AND/OR DOWNLOADING ITS APPLICATION, YOU EXPRESSLY STATE THAT YOU HAVE READ, COMPLY WITH AND ACCEPT OUR TERMS OF USE AND PRIVACY POLICY.

Please, carefully read our Terms of Use and Privacy Policy since they include all the information regarding your rights and obligations as a user of Tuenti, as well as the contracting and use of our services.

1. What is Tuenti?

Tuenti Technologies, S.L.U. ("TUENTI") is a technology company that has developed the first global mobile carrier on the market, with an integrated mobile phone application for communication and line management ("Tuenti").

Through our multi platform mobile phone application and website, you can call, chat, send voice and multimedia messages in real time with your contacts, in the most private and secure way, regardless from whether your computer, mobile phone or tablet is connected.

In addition, Tuenti users who register as TUENTI cell phone service clients or with carriers who collaborate with TUENTI can also use Tuenti to enjoy unique functions and management services of their cell phone line.

2. User registration

Access to TUENTI services requires you to first register with Tuenti and to provide a series of basic ID and contact information so you may be identified as a user. You may subsequently access Tuenti to complete the rest of the information that will comprise your profile.

To process your registration and/or enjoy certain services, TUENTI can ask you for additional information, as well as verifying your cell phone number at any time.  To this effect, you should take into account always to notify us about your current cell phone number, guaranteeing that it is yours and that only you have the right to use it.

Access to and use of Tuenti is prohibited to users under 14, except with parent authorization.  Therefore, by accepting these Terms, you recognize being a person with sufficient capacity to assume the obligations derived from your actuations and that you have read, understood and accept these terms.  If you are under age, you should have previous authorization from your parents, tutors or legal representatives, who are notified that according to current legislation, they will be considered liable for all the acts carried out by the minors under their liability.

You will be able to uninstall Tuenti from your device or mobile phone at any time by means of the different configuration options of the same, as well as asking TUENTI to cancel you as a user, or do so yourself using the tools we offer.

3. Your obligations

The access and/or configuration of Tuenti services requires your commitment to their correct use, in accordance with these terms and the laws in force, as well as, in general, with the principles of good faith, morality and public order.

In this regard, it is absolutely forbidden to access and/or use Tuenti in a manner that is not in accordance with the previous paragraph, with or without economic gain, for any activities that could be illegal, abusive, and fraudulent or, that can generally harm the rights of TUENTI and/ or third parties.

You are liable for the use you decide to make of Tuenti, including the contents you decide to share or send at all times through the services offered in Tuenti.  Although TUENTI will do, all that is reasonably possible to safeguard the contents found in Tuenti, TUENTI only acts as a simple intermediary that makes its technological platform available to its users, only and exclusively assuming the liability derived from the diligence that can be required by law.

Regarding the contents you decide to share with your contacts in Tuenti, you guarantee, exempting TUENTI from any related liability, that you are the owner of the necessary rights for your publications in Tuenti and/or that you have the necessary authorization or permission and that, as a result, the publication does not violate the rights of third parties.

Lastly, take into account that the Tuenti services, either paid or not, are exclusively offered for your personal and private use as end user of the same; therefore, you cannot use them for economic, commercial or similar gain, without authorization from TUENTI.

Non-fulfilment of your obligations as a user can involve the immediate suspension and/or cancellation of the services an even your cancellation as a registered Tuenti user, all that without right to any type of compensation and/or reimbursement.

4. Invitations and address book synchronisation 

As a Tuenti user, you may send invitations to other persons so that, according to the different options and/or promotions available at any given time, they can download the cell phone application and join Tuenti and/or form part of your network of contacts, even obtaining additional benefits in Tuenti.  In all cases, remember that you are the one who responds to the invited person if there is any type of reclamation.

The information about specific promotional benefits offered in relation to this invitation service will always be published in Tuenti.  Nevertheless, the mentioned benefits are by no means exchangeable for cash and their return or reimbursement by Tuenti cannot be requested in any way.

In addition, you can synchronize your address book in order to have them always available in Tuenti at any time and from any device.  Specifically, by means of this synchronization, TUENTI will also check if the persons in your address book are already using Tuenti services, in which case they will become part of your contacts network so you can call and/or send messages to them through Tuenti, although you cannot access their moments until you send them an invitation and they accept it.

Remember that all the sharing you make with your data to third parties when using Tuenti and especially, the invitation and synchronization of your address book, will be your exclusive liability, having to maintain TUENTI free in the measure that it acts as a mere intermediary.

5. Notifications and promotions

TUENTI can send you notifications about promotions, services, functionalities and other advantages available in Tuenti at all times, as well as in relation to those TUENTI paid services that you may have contracted.

In line with the above, TUENTI can offer you promotions, competitions and/or exclusive benefits with the services and functionalities available in Tuenti so you, if you wish, can enjoy them in the most advantageous terms.  In all cases, participation in this type of promotions will additionally involve accepting these Terms, and specific legal terms applying to the same.

Likewise, you know and accept that in Tuenti there may be publicity contents and that, therefore, as a user you can have access to publicity of TUENTI products and services and/or from third party companies that have agreements with us.

6. User´s call service

TUENTI makes available to all registered Tuenti users an Internet telephone service (VoIP), besides the telephone service available to the public (POTS) and other services that may be contracted by the user with its telephone carrier.  In addition, you should know that this Tuenti call service does not replace the POTS at all, because it only allows interchanging calls through the Internet, fixed or cell phones that you have contracted with your carrier.

This service is only for personal use, and its resale and/or use for other aims is prohibited and will be available for all those Tuenti users with compatible terminal or device and operating system.  In this sense, it is your liability as a user to know the Internet connection services (fixed or cell) contracted with your carrier and that your terminal is ideal for using this service.  In this regard, remember that, if you download our application and/or use this call service, your telephone carrier can apply the rate you have contracted for data consumption over Internet and charge you.

On the other hand, when using our Internet call service, the users who wish can decide for the following modes, which can be available or not according to the country of the user:

- Calls between users through Tuenti (free service): This mode requires interchanging calls through Internet with your contacts in Tuenti through our website and/or the mobile Tuenti application.  This service is interoperable with POTS therefore calling telephone numbers is not allowed.  Therefore, users should always have an alternative means to guarantee the possibility of making and using this type of calls.

- VozDigital calls for users through Tuenti (paid service): This mode also offers, for those users that have correctly verified their cell phone number and according to specific promotions and/or rates in force at any time, the possibility of making calls from the website or Tuenti cell and/or fixed Spanish telephone numbers within Spain, as well as certain countries and international destinies. Nevertheless, this service neither replaces POTS because the users cannot call, among others, international numbers (except those allowed), special numbers with additional rates, premium numbers, short numbers, intelligence numbers, emergency numbers, information services numbers, switchboards or similars, or satellite phones. 
The updated list of destinations and international numbers allowed is available here, but keep in mind that we can modify it at any time when necessary for technical, business and/or strategic reasons, and that TUENTI may include and/or exclude from these categories any network, country, geographical area and/or numbering ranges. Also, these calls may have some specific restrictions based on the operator's network and/or the geographic area of the country the user is calling to.

In all cases, this call service for users is offered without any type of guarantee of the quality of the same can be affected by multiple factors beyond the control of TUENTI like geographical location of the user, type of terminal used or even its battery level among others.  Consequently, TUENTI cannot guarantee that it is always free from faults or interruptions, and the users will not have any right to any type of reclamation. Likewise, the users accept that the service can also be interrupted whenever maintenance is necessary.  Also, take into account that some carriers may have limited the use of this type of VoIP services in their networks.

Lastly, you are notified that in accord to current legislation, TUENTI will adopt the necessary technical and organizational measures to guarantee confidentiality and secrecy of communications and to collaborate with the Authorities whenever necessary, but will not control or monitor the content of conservations because it is a mere intermediary between users.  The same way, we can establish reasonable usage policies of this call service with the aim of preventing possible frauds, illicit, disproportionate and/or abusive use.  Excessive or unreasonable use is that where use is significantly above the average use made by the users.  In these cases, TUENTI can warn the user, in addition to reserving the right to temporarily suspend the service or, in the most serious cases, cancel the user for non-compliance of these Terms.

7. Payment services: contracting, rates and payment terms

TUENTI can condition the access and/or use to certain Tuenti services to the payment of a certain price or rate, as well as to the fulfilment of other legal, commercial or technical requirements such as previously completing request forms for user data whenever necessary.  In these cases, the contracting of the paid services available in Tuenti will be by using the electronic means available in our website and/or mobile application, directly between the user and TUENTI, and governed by these Terms, as well as by that foreseen in any other additional ones that could be established by TUENTI.

Therefore, before contracting any of our products and/or paid services, always remember that, in the information available in our website and/or mobile application, the specific terms, rates, applicable taxes, payment terms, compatible terminals, as well as the functionalities associated to the same to evaluate if they meet your expectations.  In addition, if during the contracting process the user detects that the data and/or terms of payment are incorrect, erroneous, or wishes to modify them, TUENTI has the option of correcting the same up to the moment of confirming the transaction.

To these effects, the prices, quotas and/or, if applicable, other economic terms contracted in accord to the rates and other general and/or specific terms, offers or promotions will apply at the moment of their use.  In this sense, TUENTI reserves the right to modify the prices of its products and/or services at any time.  If you continue using the services after communication of a price change, we understand you accept the change.

Take into account that, in application of the current consumers legislation and, generally speaking, after having finalized the purchase or contracting you cannot reclaim the return or reimbursement of the paid quantity, because the nature of the services offered by TUENTI are exempt from the application of the right to desist.

Regarding method of payment and except if anything else is indicated, payment will be via the bankcard of the user, through a secure payment channel (Virtual TPV).  After having checked the effective payment of the corresponding amount, TUENTI will make available to the user the justification of contracting which includes the detail of the contracted services and the terms of the same.

8. Exclusive services for cell phone clients

In addition to the mentioned communication and call services that could be generally available for the users according to the countries where they live, those TUENTI clients that also are POTS clients, or even with a carrier with whom we have subscribed a collaboration agreement, can additionally enjoy unique cell phone line management services and functions through Tuenti, as long as they have a device or terminal compatible with the mentioned services and with Internet access.

These are complementary, innovative, added value services, all fully on-line though Tuenti, among which we can include, according to the specific services available at any given time, cloud telephone and communication services, on-line telephone line management and top-ups, consumption control, available balance and billing enquiries, access to customer service and help information, address books, movements and records of your telephone line communications, virtual voice box, as well as the sending and/or reception of text and/or voice communications through Tuenti, including VoIP calls; all these services are subject to their respective specific terms.

In that regarding POTS contracted by the user with its carrier this will be in all cases subject to specific rates, offers, promotions and legal contract terms established by the corresponding carrier, although TUENTI or, if applicable, other carriers with whom agreements have been reached can offer its clients the mentioned unique services and functions.

9. Security and privacy

In TUENTI, we care for the protection of our users therefore in the case that you detect any possible infraction in Tuenti of that established in these terms and/or in the current laws, you should report this through the reporting and legal claim tools we offer you.

On the other hand, TUENTI has implemented strong measures to guarantee the security and privacy of your information and communications but remember you are exclusively liable for safeguarding your access codes to Tuenti, as well as for the possible harm and/or damage that can derive due to any unauthorised use of the same.

In all cases, providing false data is prohibited, therefore users should always identify themselves with real and true data, as well as providing their own cell phone number whenever required for verification.  TUENTI can temporarily deactivate or cancel any user's account automatically without previous warning and without that giving the user any right to compensation or reimbursement.  For example, as soon as we have any indications that you have supplanted the identity of a third party in Tuenti, either when registering as a user of our services, or contracting our services and/or when we verify your cell phone number, we will verify your identity and/or your cell phone number and, if applicable, we will temporarily deactivate and/or cancel your account in Tuenti.

Likewise, TUENTI can notify competent authorities or even collaborate with them, concerning any possible infraction of current legislation it detects in Tuenti, especially in the case that such infraction could mean the commission of a crime.

Nobody, either a Tuenti user or not, can insert links or hyperlinks into the profiles of the users and/or TUENTI contents.  In the case that we detect any link like this, TUENTI can take action to eliminate it and, if applicable, adopt the legal measures it considers opportune.

Lastly, remember that, for further information, you can consult our Privacy policy and Cookies.

10. Intellectual and industrial property

TUENTI is the owner of all the Tuenti rights (including both the web platform and its applications for cell devices), with the exception of contents facilitated to TUENTI by third party collaborators and those published by the users that continue being their property.

In this sense, users are only granted a limited, temporary, non-exclusive and revocable license so they can use, download and/or install Tuenti in their devices, according to that established in these terms and for the established uses.  In all cases, TUENTI reserves the rights not expressly granted to users pursuant to these terms.

Even though you will retain the rights of the contents you generate or share, you grant a non-exclusive, worldwide license limited to the period during which your account is active and/or even when you decide to eliminate them, to reproduce and publicly communicate the same, to add information to them and to transform them in order to adapt them to the technical needs of Tuenti.

11. Liability

TUENTI does not assume the obligation of controlling the contents that users transmit or share through Tuenti but will attempt to prevent, inasmuch as possible, that contents and/or messages that are clearly illicit or that, in any way go against morals, public order or good practices, are transmitted and shared.

TUENTI will not be liable for the problems of access to or availability of Tuenti, nor of the harm that can be caused by that, whenever this is caused by factors it cannot control and activity like, for example, the speed of your internet connection, your type of terminal or device, your geographical location, etc.

Likewise, remember you are exclusively liable for the interactions you have with other Tuenti users therefore we cannot be liable for any conflicts that you may have in the margin of that established in these Terms.  TUENTI will not be obliged but does reserve the right to, in case of being necessary, mediate in the mentioned conflicts if they arise.

Likewise, we notify you that TUENTI is not liable for the faults, incompatibilities and/or damage to your terminals or devices that, in any case, could derive from the downloading and/or use of Tuenti, especially when these are not compatible or adequate for using our services.

12. International use and language

Although Tuenti can be accessible from outside of Spain, you understand and agree that it is designed to be used by any person complying with the following terms, in any country where its use is not contrary to the local laws and regulations in force.  Likewise, Tuenti may have certain restrictions, not working well or even that all of its services are not available in all countries.

The use of Tuenti by users in any specific country will be under their own liability.  Only you are liable for complying with the laws of the countries from where you register and/or access Tuenti, as well as from where you use our services.

Even though these terms are offered translated into several languages to guarantee they can be read and understood by all our users, these declare knowing and accepting that the Spanish version will always prevail in the case that any contradictions exists among the different versions.

13. Modifications

TUENTI reserves the right to review these terms at any time due to legal reasons, technical reasons, changes in the services offered by Tuenti or strategic or commercial decisions. If this occurs, we will notify you via a publication in Tuenti, and if you continue using the service and do not request to cancel your user profile, we understand that you accept the modifications.

14. Applicable jurisdiction and law

The current regulation determines the laws that should govern and the jurisdiction that should know of the relationships between TUENTI and its users.  Nevertheless, in those cases where current regulations do not establish the obligation of being subject to a certain jurisdiction or legislation, TUENTI and its users, renouncing any other jurisdiction that may apply, are subject to the courts of Madrid capital (Spain).

Notwithstanding the above, TUENTI, being adhered to AUTOCONTROL and Confianza Online, in the terms of their Ethics Codes, allows you, in the case of controversies related to the contracting of services to apply to the Confianza Online system for extra judicial resolution of controversies (www.confianzaonline.es)

15. Corporate and contact information

Tuenti is a registered brand of Tuenti Technologies, S.L.U., a company with tax identification number (CIF) B-84675529, registered address at Gran Vía 28, 6ª planta, 28013 - Madrid (Spain), and registered in the Mercantile Registry of Madrid in Volume 23.101, Sheet 10, Section 8, Page M-413964, 1st registration. Contact information: tuenti@tuenti.com, phone +34 91 429 40 39 and fax +34 91 369 22 87.

In addition, those users that contract any TUENTI services are notified that in the case of incidents and/or reclamations the support is mainly online and they will be always attended as soon as possible.  Therefore, the user should contact, among other means, via the previously indicated e-mail address or, if they prefer, in writing to the postal address of TUENTI, after identification and justification of their personal circumstances.

© TUENTI, 2015. All rights reserved.

 


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