Legal notice and general conditions
We find legal texts a bit boring too but it is important for you to know how we expect you to use gud.social and our Gud applications (Gud Match) and how we will treat your personal data so that we can all feel "Gud".
1. Who we are
We inform you that the www.gud.social website and the Gud Company applications (Gud Match) (hereinafter, "the Website" / the "Application") are operated by Gud Company S.L. (hereinafter, "Gud"), with TAX ID B02917714, registered in the Mercantile Registry of Madrid, Volume 41254, folio 31, whose registered office is located at Apartado de correos 99, C.P. 28229, Villanueva del Pardillo, Madrid.
2. General Conditions for the Use of gud.social and Gud Company's applications (Gud Match)
Thank you for choosing Gud and its first application Gud Match. This application offers features that allow you to meet and get in touch with other people to enjoy a shared time, chat and get to know each other in a simple, enjoyable and safe way and, above all, respecting the privacy and anonymity you need at all times. We will also offer you contents and resources so that you can develop communication skills to improve your relationships if you decide to do so.
Through this document, we want you to know your rights when using or browsing gud.social or the Gud applications (Gud Match), the rules governing their use and the terms that govern the relationship between you and Gud Company.
When you register, you will be able to use Gud Match for free, for a limited period of time, if you so choose. After this period, you will need to subscribe to the Gud Company's services in order to continue using the application. By registering, subscribing, or simply using gud.social or the Gud applications (Gud Match), you agree to be bound by these Terms and Conditions. In addition, if you choose to subscribe to Gud Match, you agree that you are entering into an Agreement in accordance with clause 2.2 below.
To use the Gud Company Services you must be at least 18 years of age, have the capacity to enter into a contract and be a resident of the country in which the service is available.
2.1 Service Options
En gud.social y las aplicaciones de Gud Company (Gud Match) puedes encontrar una descripción de distintas opciones de Servicio. Algunas opciones se ofrecen de forma gratuita bajo la modalidad de registro durante un periodo de tiempo limitado. El Servicio de Gud que no requiere pago se denomina “Servicio Gratuito”. Otras opciones requieren de un pago antes de poder acceder a las mismas (las “Suscripciones de Pago” (Planes Gud)).
Please note that we reserve the right to modify, terminate or otherwise change the offer of our subscription options, at any time, in accordance with these Terms and Conditions.
2.2 Payment, Billing, Renewals and Cancellations
As noted above, some of Gud Company's services require the payment of a subscription fee (the "Paid Subscriptions") and involve the creation of a contract (the "Contract") between you and Gud Company. Gud Company may change the price of a Paid Subscription or its terms at any time, in which case we will inform you of any changes in pricing in advance and, if applicable, how to accept those changes.
Under no circumstances will price changes apply to the past (retroactively). To the extent permitted by applicable law, your continued use of the Gud Company Service after the price change takes effect will constitute acceptance of the new price. If you do not agree to the price change, you have the right to refuse the change by cancelling the Payment Subscription before the price change becomes applicable.
Additionally, please note that when you subscribe to a Paid Subscription, you have the right to change your mind freely and receive a refund of the amount paid within fourteen (14) days from the day you subscribed to the service in question. For this purpose, please note that the period during which you use Gud Match via a Free Service will count for the purpose of calculating this period, so if you have previously used the Free Service, you will not be able to exercise this right.
If you purchase a Paid Subscription you authorize Gud Company to charge you automatically, monthly or annually depending on the option chosen, until you cancel as indicated below.
The Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel it before the end of the subscription period, so if you have any questions about how to cancel your subscription, please contact us, Here's how. The cancellation will take effect from the day following the last day of the current subscription period.
3. Duration of Contracts
The Agreements shall continue to apply until terminated by either the User or Gud Company as provided in these Terms and Conditions and without prejudice to the indefinite license of use set forth in Section 5.
Gud Company may terminate the Agreements or suspend your access to the Service at any time, including in the event of a breach of these Terms and Conditions or the Contracts.
If either you or Gud Company terminate the Contracts or your access to Gud Match is suspended, you agree that Gud Company will not be liable to you and will not be required to refund any amounts you have already paid, to the extent permitted by applicable law.
You can terminate the Contracts at any time through the following link for the cancellation of the subscription.
4. Authorized Use
By browsing gud.social and Gud Company (Gud Match) applications, registering as a user or subscribing to our services, you agree to use gud.social and Gud Company (Gud Match) applications in accordance with the principles set out below. In short, to maintain an atmosphere of cordiality in accordance with the principles that govern Gud Company, you must respect the following rules so that we can all continue to enjoy this space of respect and tolerance; the following actions are not permitted under no circumstances:
- Conduct, comments or aggression in any form, including, but not limited to, sexist, racist, classist, LGTBIphobic, pro-trafficking and/or xenophobic conduct;
- Destructive criticism, judgment, blame, insult, extortion, harassment, ridicule or humiliation, devaluation or denigration; as well as manipulation, intimidation, imposition and aggression;
- The participation in activities or publication of content that is offensive, abusive, defamatory, pornographic, threatening or obscene
- The publication of content that is or may be illegal, or that encourages the commission of an illegal act of any kind, including infringements of industrial and intellectual property rights or privacy rights;
- The publication of passwords or personal data of third parties.
- Content that includes malicious software such as malware, Trojans or viruses, or otherwise prevents a user from accessing the Service;
- The usurpation of the personality of a third party or acts relating to personality in a fraudulent, false, misleading or erroneous manner;
- Sending spam or other forms of bulk mail ("junk mail"), junk mail, chain letters or similar items, including through Gud's inbox.
- The sending of messages that are considered commercial or sales activities, such as advertising, promotions, etc;
Also, the user of the website will be prohibited to:
- Copiar, redistribuir, reproducir, transferir, representar, retransmitir o mostrar/poner a disposición del público cualquier parte de gud.social y las aplicaciones de Gud Company (Gud Match) sin la debida autorización de Gud Company;
- Use reverse engineering techniques, decompile, disassemble, modify or create derivative works based on gudchat.com and Gud Company's applications (Gud Match), neutralize any technology used by Gud, its licensors or third parties to protect the Content or the Service
- Sell, rent, sublicense or lease any part of Gud's service or content;
- "Crawling" the Gud Company service or using automated means (such as bots, scrapers and spiders) to view, access or collect information about Gud
In short, please be respectful in using Gud and what you share through it. Gud Company aims to make all users comfortable using its applications, and to do so, it is essential that we follow these principles and rules.
Remember that shared information can be viewed or reused by your saved contacts multiple times, so be careful what you share.
5. Content Publication
By using Gud Match you can send and post messages and upload content (which may include, for example, photos, text, messages, gifts, information, etc.) ("User Content").
By registering or subscribing you declare with respect to User Content that (1) you own or have the right to post such User Content, and (2) such User Content does not constitute a violation of these Terms and Conditions or applicable law, third party intellectual property or privacy rights, among other rules.
You also grant to Gud Company a non-exclusive, transferable, sublicensable, royalty-free, indefinite (or in those jurisdictions that do not so permit, for a period equal to the term as determined by these Agreements, plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., to perform or display), publish any User Content related to the Service through any media, whether alone or in combination with other Content or material, in any manner and by any means, method or technology now existing or hereafter devised, perform or display), publish any User´s Content related to the Service through any media, either alone or in combination with other Content or material, in any manner and by any means, method or technology, whether now existing or hereafter devised. In addition to the rights specifically granted herein, you retain title to all rights, including intellectual property rights, in the User Content. If applicable and if permitted by applicable law, you also agree to waive and not assert any "moral rights" or equivalent rights, such as your right to be identified as the author of User Content, including Feedback, and your right to object to disparaging treatment of such User Content.
Gud Company reserves the right to examine, review, monitor or edit User Content and the right to remove or terminate access, for any or no reason, to User Content and subscription or registration if, in Gud Company's sole discretion, it violates these Terms and Conditions. Among other things, Gud Company may block access and terminate subscription or registration as described in the following clause.
The User is solely responsible for all Content he/she posts and Gud Company will not be liable for such Content, and the User shall hold Gud Company harmless and indemnify Gud Company from and against any and all damages, losses and expenses of any kind (including reasonable costs and attorneys' fees) arising from any such claim.
6. Intellectual and Industrial Property
Los derechos de propiedad intelectual sobre la disposición de los contenidos de gud.social y las aplicaciones de Gud Company (Gud Match), su diseño gráfico (look & feel), los programas de ordenador subyacentes (incluidos los códigos fuente), así como los distintos elementos que integran gud.social y las aplicaciones de Gud Company (Gud Match) (textos, gráficos, fotografías, videos, grabaciones sonoras, etc.) corresponden a Gud Company o a sus licenciantes. Con respecto a los signos distintivos incluidos en gud.social y las aplicaciones de Gud Company (Gud Match) (marcas y nombres comerciales) son propiedad de Gud Company.
The use of gud.social and the applications of Gud Company (Gud Match) by the User in no way implies the transfer of any intellectual and/or industrial property rights over gud.social and the applications of Gud Company (Gud Match), its contents and/or the distinctive signs of Gud Company. To this end, by means of these General Conditions, except in those cases where it is legally permitted, the User is expressly prohibited to reproduce, transform, distribute, publicly communicate, make available, extract and/or reuse gud.social and the applications of Gud Company (Gud Match), its contents and/or the distinctive signs of Gud.
7. User assessment and complaint
At Gud, respect for the rights of users and third parties is a priority. Therefore, we consider it vital to implement a communication procedure that allows, on the one hand, to prevent unwanted contacts and, on the other, to facilitate the notification of any breach of these General Conditions.
Once the first meeting between users is finished, a questionnaire will be sent to each user where they will be asked about their willingness to contact the other user again. In the event that a user does not wish to contact another user, they will also be asked about the reasons for said rejection and if they wish to block and/or report said user.
In this way, there will be two options. If a user simply does not feel comfortable with another user, he/she can block him/her, rejecting further contacts, which will only affect the relationship between those two users. On the other hand, in the event that a user considers that the other user has breached these Terms and Conditions, he/she may denounce him/her. This complaint may be made at the end of the first contact between the users or, at any time, through email@example.com
In the event of a complaint, a process will be opened that may end in the exclusion of a user from Gud in the event that the same user is reported 3 times in a period of 3 months and said complaint is verified by Gud Company.
The text messages of the contacts that end up in a complaint may be saved by Gud Company in order to check the ground for the complaint.
The subscription and registration in Gud Company implies the acceptance of this procedure and the treatment of information related to it, being intrinsically necessary for the proper functioning of Gud Company and its applications, which is based on respect for users and the promotion of an atmosphere of cordiality and respect for them.
In addition, Gud Company respects the industrial and intellectual property rights of third parties. If you believe that any Content infringes the industrial and intellectual property or other rights of third parties, we encourage you to notify Gud Company and Gud Company will review and, if appropriate, remove such Content or take such other action as it deems appropriate without prior notice to the user or the party that provided or posted such Content. In the event that such user or party believes that the Content is not infringing, they may, in certain circumstances, submit a counter-notification to Gud Company with a request for restoration of the removed Content, which Gud may or may not accept in its sole discretion.
If you feel that any Content does not comply with the User Guidelines, please contact us at firstname.lastname@example.org
8. Modifications to the Service
Gud Company will use its best efforts to keep your Gud Match service up and running at all times. However, technical difficulties, maintenance or testing operations, as well as upgrades may cause temporary interruptions. In addition, Gud reserves the right to modify or discontinue, at any time, functions and features of the Service, with prior notice if possible.
If you have paid any fees in advance for Paid Subscriptions and Gud Company suspends the service completely and permanently before the end of the applicable subscription period, Gud Company will refund you a pro-rata amount for services already paid for and not used.
In the event that you breach these Terms and Conditions, or Gud Company reasonably suspects that you are in breach of these Terms and Conditions, Gud Company reserves the right to limit, suspend or terminate your access to the Gud Company (Gud Match) applications, or your active registration or subscription, taking any technical measures necessary for that purpose. In addition, Gud Company reserves the right at all times to decide on the continuity of the services it provides through gud.social and the Gud Company applications (Gud Match).
Gud.social and Gud Company's applications (Gud Match) may include technical linking devices (links) that allow the User to access other Internet pages and Websites (hereinafter, "Linked Sites"). In these cases, Gud Company acts as an intermediary service provider and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, please notify Gud Company through email@example.com
In no case shall this communication entail the obligation to remove the corresponding link. The existence of Linked Sites in no way implies that Gud Company has effective knowledge or any other type of knowledge of the services and contents of the same in case of unlawfulness, nor that it necessarily maintains agreements with those responsible or owners of the linked sites. Nor does the existence of such links imply the recommendation, promotion, identification or conformity of Gud Company with the statements, content or services provided through the linked sites. Consequently, Gud Company is not responsible for the content of the linked sites, nor for their conditions of use and privacy policies, and the User is solely responsible for checking and accepting them each time he/she accesses and uses them.
Any natural or legal person who intends to establish a link from their page or site to gud.social and Gud Company applications (Gud Match), must obtain prior written permission from Gud Company. The establishment of such a link does not imply in any case the existence of a relationship between Gud Company and the owner or holder of the site or page on which the link is established, nor the acceptance or approval by Gud Company of its contents or services.
In any case, Gud Company reserves the right to prohibit or disable at any time the links to gud.social and the applications of Gud Company (Gud Match), especially in cases of unlawful activity or content of the page or site in which it is included.
10. Limitation of Liability
Without prejudice to his or her rights as a consumer, the user acknowledges and agrees that their use of gud.social and the Gud Company (Gud Match) applications and the Gud Services is at all times at their sole risk and responsibility, and Gud Company shall not be liable for any misuse or misappropriation of gud.social and the Gud Company (Gud Match) applications. To this end, Gud shall only be liable for damages that the User may suffer from the use of gud.social and the Gud Company (Gud Match) applications, when such damages are due to our willful misconduct.
In particular, Gud Company will not be responsible for:
- Comments or content that any user may make or send to another user.
- Damages of any kind caused to the User's computer equipment by viruses, worms, Trojans or any other harmful element. The User acknowledges that the use of the Internet involves the assumption of a risk that their computer equipment may be affected by the elements mentioned above. For this purpose, it corresponds to the User, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs.
- Damages of any kind caused to the User resulting from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the service of gud.social and applications of Gud Company (Gud Match) during the provision of the same or previously. In this regard, the User acknowledges that access to gud.social and applications of Gud Company (Gud Match) requires services provided by third parties outside the control of Gud (by way of example: telecommunications network operators, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to Gud Company.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED ON AN "AS IT IS" AND "UPON AVAILABILITY" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, EXCLUDING ANY WARRANTIES OR CONDITIONS AS TO (I) THE QUALITY, COMMERCIALIZATION AND SUITABILITY FOR A PARTICULAR PURPOSE (II) THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
EXCEPT AS OTHERWISE PERMITTED BY LAW, IN NO EVENT SHALL GUD COMPANY, ITS MANAGEMENT TEAM, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS BE LIABLE FOR:
(1) ANY INDIRECT LOSS OR DAMAGE OR PROFIT
(A) LOSS OF USE;
(B) LOSS OF DATA;
(C) LOSS OF BUSINESS;
(D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES,
(3) THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GUD COMPANY SERVICES, THIRD PARTY APPLICATIONS OR THE CONTENT OF THIRD PARTY APPLICATIONS WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO GUD COMPANY DURING THE COURSE OF THE TWELVE MONTHS PRIOR TO YOUR CLAIM
NOTHING IN THE AGREEMENTS ELIMINATES OR LIMITS THE LIABILITY OF GUD COMPANY IN THE EVENT OF WILFUL INTENT OR SERIOUS FAULT.
THIS CLAUSE SHALL APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
The use of gud.social and the Gud Company (Gud Match) applications is governed by and construed in accordance with Spanish law and it shall be understood that, by using the Website, the User agrees that any dispute or litigation arising between you and us shall be dealt with exclusively by the competent courts and tribunals in accordance with applicable law.
In the event that any of the provisions contained in these General Conditions of Use is declared void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these General Conditions.
Legal notice and general conditions
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