Terms and conditions

1. General Conditions.

“KO TECHNOLOGIES, S.A.” (hereinafter known as “tunnme” or “The Company”) is identified in the market as a company that operates in the field of information and communication technologies, whose main objective is to make available to the public a platform with technological tools that allow you to request services from different information and learning areas, facilitating the management of search, request, and provision of this type of services through their technological tools. Tunnme is not limited to a specific type of business and, therefore, it may develop any type of opportunity in which it is interested, using its technological tools to carry out its business activities anywhere in the world and from any location, either physically or virtually.
Tunnme is the owner of the technological tools that are related in these Terms and Conditions, which are being published by these Terms and Conditions, so the users of such tools are aware of the guidelines under which they are using the platform and that, in an informed way, they can register by giving their express consent and acceptance to them to be able to use it. It is stated that, for these purposes, the electronic signature that is reflected through the acceptance of these Terms and Conditions when creating a user and logging in for the first time is considered valid, under the profile that has been registered within the platform. Tunnme reserves the power to use identity verification mechanisms based on the provisions of the laws and these Terms and Conditions. The user´s electronic signature may be used at different times in the operational flow of tunnme´s technological tools and from said signature, the acceptance of the determined actions will be validated where appropriate and such validation is required by the user.
Tunnme adopts internationally recognized good practices for the exercise of its electronic activities. In that sense, the rights of users are respected, informing them, in the broadest way, about the conditions of use, the services that are available through the platform. Likewise, Tunnme confirm that is respecting and complying with the obligations related to the protection of the personal data of its users and for this, it establishes these Terms and Conditions of User and the Privacy Policy that is available to obtain the express and informed consent of all its users

You must be at least 18 years of age to agree and accept these Terms and Conditions.

2. Contractual Relationship.

These Terms of Use regulate the use that users make, either as providers of certain services or as users of these, from anywhere in the world concerning the portfolio made available by tunnme.
By accessing and using the services provided, you agree to be legally bound by these Conditions, which establish a contractual relationship between you and tunnme. If you do not accept these Conditions, you will not be able to access or use the services. Tunnme reserves the right to immediately terminate any of the services for you or, in general, stop offering or denying access to the services or any part of them, at any time in the event of any breach of the Conditions.
Supplementary conditions may be applied to the services, such as policies that will be used especially for a specific activity, event, or promotion, and said supplementary conditions will be communicated to users about the applicable services. The supplementary conditions will prevail over the Conditions in the event of a conflict for the applicable services.
By agreeing to these Terms and Conditions, you are granted a limited and non-transferable right to enter, access and use the services solely for individuals and non-commercial use, you have no rights to copy or reproduce in whole or in part any portion of the service. In addition, you agree not to copy, reproduce, distribute, transfer content that you may see to any other media or device or to any other person or third party.
You may not distribute, exchange, modify, sell, or resell, or transmit to any other person any portion of the service provided. You agree not to copy, sell, distribute, or otherwise transfer our content, except as expressly permitted herein.

3. Payment.

You understand that the use of the services provided by Tunnme may generate certain charges for said services. The collection of the services provided by Tunnme will be made before these are carried out. Payment to the provider will be made every week, unless there are applicable policies that may extend this period. If the service takes place in more than one session, payment will be made for each session. To this end, Tunnme will facilitate the payment of applicable charges on behalf of the provider as the provider´s limited collection agent. The payment to the provider is made after the cut that has been generated in the payment gateway. The payment of the charges in this way will be considered as the payment made directly by you to the provider. Charges will include applicable taxes when required by law. Charges paid by you are final and non-refundable unless otherwise determined by tunnme. There is no possibility of negotiating as far as prices are concerned, however, Tunnme has a catalog of suppliers from which you can choose the option that you consider most convenient. Charges may include other applicable fees, and/or surcharges.
All charges are due immediately and payment will be facilitated by Tunnme using the preferred payment method indicated in your account, after which Tunnme will send you a receipt by email. If the payment method on your primary account is determined to be expired, invalid, you agree that tunnme, as the provider´s limited collection agent, will use a secondary payment method on your account, if it is available.
Regarding the payment mechanisms available for the use of services, Tunnme users may make the payment through “Stripe” or another payment provider that is selected by Tunnme in the future. Please note that payment service providers may impose transaction fees, currency conversion fees, or other fees based on the charging mechanism or currency type you select; Tunnme is not responsible for these commissions and is exonerated of all responsibility in this regard. The charges related to this type of charge are charged directly to the user. Likewise, financial service providers may generate charges for additional commissions when processing transfers of the money collected, including such commissions in some cases may be deducted from the amount collected, Tunnme will not be responsible for said commissions and is exonerated of all responsibility in this regard.
Tunnme has two ways in which the collection of the service provided can be made, these are: by fixed amount and percentage, subject to tunnme´s decision. Likewise, Tunnme may make changes in the future to these forms of payment, of which users will be duly informed and, therefore, to continue using Tunnme and its services, they must be accepted by users and providers.

4. Fees.

By accepting these Terms and Conditions you agree that Tunnme has the right to modify its fees or charges for using any services provided on the App. Tunnme reserves the right to adjust pricing for any services.

5. License of Use.

Through the initial registration, it is understood and expressly accepted that Tunnme is granting a license of use regarding the technological tools of its property, exclusively for the use of the services provided by the Company through them, without this does not represent at any time the transfer of intellectual property over such tools, nor any authorization to carry out modifications to the software, reverse engineering or any type of use other than that established in this document. Likewise, it is established that all the commercial distinctions that identify tunnme, including, but not limited to its logo, slogan, typography, graphic line, advertising expressions and any other advertising or commercial sign that is distinctive of commercial activities tunnme, are property of the Company, therefore there is no license to use them. The use without express authorization of the labels is grounds for the violation of these Terms and Conditions, without prejudice to the penalties established by the Law for such purposes.
It is stated that, due to the very technical nature of the services provided by the Company and to guarantee efficiency in the flow of the service, some distinctive signs and brands that are owned by providers may be displayed at certain times, such as those of computer security, remote consultation sources, information storage services, among others, on which Tunnme recognizes and respects all intellectual property rights that may correspond to them.
It is stated that the License of Use that is conferred may be suspended remover or definitively terminated unilaterally by tunnme´s, when it is verified that there is an obvious violation of these Terms and Conditions of Use and that it may put tunnme´s interests at risk.

6. Trademarks.

You may not use any of the trademarks found within the service that we provide. You may not copy, display, or use any of the trademarks without the prior written permission of the owner.
It is further clarified thar any trademark owned by any of our service providers is not directly related to Tunnme and its not a trademark of tunnme.
Nothing contained in our App or services should be interpreted as granting any license or right to use any trademark. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, as well as civil or criminal laws.
Tunnme reserves the right to block access o remove any type of material that we believe or looks like it has been copied in an illegal way and distributed by any of our providers.

7. Confidentiality of information.

The information that is entered through tunnme´s technological tools will be safeguarded and protected. Users´ private personal contact information will not be shared without prior authorization, for which it will be kept and will be considered confidential information. However, by accepting these Terms and Conditions, it is understood that to complete the operational flow of the services provided by tunnme. It is essential to have information related to contact information and official identification and others required by the fields of the form to perform requests for services and other data linked to tunnme´s operational flow, including the creation of the user´s digital profile, which must be built to complete the process.
Users accept by providing their express consent, that the information they enter through tunnme´s technological tools, which is not considered as private or sensitive information or is of public or domain, based on the provisions of the privacy policy, can be used in some cases commercial, advertising, market research purposes, as well as for sending relevant information that may be beneficial for the users of the platform and that comply with the purpose and objectives of tunnme.
It is stated that while the Use License granted to the users of the platform remains in force, all the information will be kept confidential, and the limits that have been authorized through the express consent of the users of the platform will not be exceeded. Any transaction that is linked to the Tunnme service will be considered confidential information and will not be shared with providers of any nature, except in those cases in which such authorization has previously been expressly provided by the user.
The information collected from the codes of official identity documents, digital captures, or other personal information, is stored on servers that meet high computer security standards and are kept confidential.

8. Affiliated Providers.

Tunnme is a technology company, and its tools are intended to facilitate management and connectivity between people who require different types of services focused on various information segments. The affiliation of providers involves a process that is established by the Company and that must be fully complied with to access the provider portfolio for tunnme. In this sense, Tunnme may require pertinent documentation to complete the affiliation process, which must be delivered in the form and conditions required by the company.

9. Disclaimer for Responsibility.

The user must access the Tunnme platform. After having accepted these Terms and Conditions, you must create your digital profile and complete all the information that is required. Within the tools that are made available to the public, the user must enter certain data, such as the service or the information area of their choice, among others that have been established as the key parameters for the user's identification. This information becomes vital for the approval process, so it will be the responsibility of the user, any error in it that may generate some inconsistencies in the service.
It is stated that Tunnme does not assume any kind of responsibility, not even civil responsibility for any inconvenience caused by providers, whether they are consumers of the service or any other person who may be the cause of the damage or inconvenience. The company is not responsible for lawsuits, claims, complaints, or any other type of non-conformity that is not directly responsibility of Tunnme but of the services of which the user makes use through our App.
By posting messages, opinions, entering data or engaging in any other form of communication through our App, you represent that you have all rights to post such materials, that such materials do not violate the rights of any third party, and that you agree that the company may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote our services and/or respond to any legal requirement, demand or threat. You agree that any loss or damage of any kind incurred because of the use of any message or material you transmit or upload or in any way make available through your use of the App is your responsibility.
You understand and agree that use of our services is at your sole risk. The company does not warrant that our service is compatible with any personal computer or mobile, you are solely responsible for ensuring that your system work properly with the service. You will not hold the company or its affiliates liable for any damages resulting from your access to our App our services, including damages to any computer, software, or systems, or registered portable devices you use to access the same.
In case users receive any kind of non-compliance from the provider, for example, but not limited to incomplete service or unjustified cancellation, the user will have the right to demand full claim and reimbursement from the provider.
Users will have a six (6) day period to claim or notify any non-compliance from any provider in order to get their fully reimbursement.

10. Appeals and compensation.

You agree that any unauthorized use of our App and any technology contained may cause irreparable injury to the company for which monetary damages would not be sufficient. Therefore, in such event. The Company will be entitled to immediate injunctive relief against you and to prevent any unauthorized use. You understand and agree that closing your account on our App is your sole right with respect to any dispute with the company.
You agree to indemnify and hold the Company harmless from and against all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, cost and other expenses arising out of or in connection with your use of our App, or any noncompliance by you with these Terms and Conditions.

11. Quality Standards and Service Levels. Providers.

To guarantee high standards of quality and satisfaction for its clients, Tunnme uses the services of providers recognized locally or internationally, depending on the case. Tunnme providers comprise different areas, including, but not limited to: Cloud storage services, databases, software developers, computer technicians, among others, who will be directly responsible for the quality of the services they provide to guarantee certain standards.
Tunnme claims to be a technological intermediary that is dedicated to generating electronic connections between users who require various types of information services, with providers that can meet needs of this nature, facilitating the management of transactions of this type through their technological tools. Tunnme is an intermediary, for which it is not empowered to respond directly to quality standards related to services of this type; however, Tunnme will make all the necessary efforts to guarantee the satisfaction of its customers, and therefore, in some cases it has the power to take actions aimed at fulfilling its promise of services, or to redirect claims to its providers, providing support necessary and remote support if required.

12. Fidelity of the information.

Tunnme is not responsible for the veracity of the information received through its technological tools, nor can it guarantee the total fidelity or certainty of personal and non-personal data that are entered by users. In this sense, it is stated that there is no direct or indirect responsibility for Tunnme regarding its fidelity when forwarding said information to entities related to tunnme´s operations, of whatever nature.
It is clearly established that Tunnme is an intermediary of technological services specialized in various types of information, so the limits of its obligations and responsibilities do not cover the spectrum of the prevention of computer crimes or any other action that is linked to computer security. The technological tools developed by Tunnme function as a connectivity channel that generates added value to its users so that, through its technological tool, they can generate connections between people who request services and the users.
To generate and maintain a sustainable level of confidence in the use of tunnme´S technological tools, the Company has established a qualification system for users and providers, to verify compliance or non-compliance with the obligations they assume in the establishment and duration of their contractual relationships. Among the elements to be qualified for users are the following: fidelity of personal information, locations, and that related to their means of payment, among other parameters that can be established and modified by tunnme. Users and providers´ qualification parameters may be established and modified by the company giving notice so that both users and providers are aware of such parameters.

13. Special Technical Requirements.

Tunnme technological tools require certain technical parameters for their correct use; for this, users accept and acknowledge that they cannot transfer direct or indirect responsibility to Tunnme for the incorrect use of their mobile devices or for the lack of compliance with the technological requirements for the correct operational flow of their technological tools.
Likewise, it is stated that each user is responsible for the good computer management of their technological devices, whether mobile or other in nature. Tunnme is not responsible for the mismanagement of the information and therefore cannot handle claims that are directly linked after verification, to the mishandling of them or to their computer mismanagement.
An information storage system is established that will allow periodic evaluations based on updates that may be generated by tunnme; these updates may have technical requirements that must be met by the users of the platform of its proper functioning, who will be solely responsible for complying with them prior to using any of the technological tools linked to the services provided by the Company or any other digital activity that is executed directly in the technological tools owned by tunnme.

14. Tax Obligations for Providers.

In order to clearly establish the scope of responsibility of both the users who use tunnme´s technological tools and their owner and their providers, the different specific rules and regulations for the area to which each interested party corresponds will be followed, where there are issues related to responsibilities of a contractual or extra-contractual nature, among others.
For this, the guidelines established in these terms and conditions will be met, and the contractual conditions must be accepted through the contractual documentation that must be signed by users and providers. Each interested party will be responsible for complying with the requirements that the laws impose on each component. tunnme´s responsibility is limited to the provision of its technological services in relation to the connectivity of users who make requests for information from different segments.
Tunnme is a legal entity, subject to the laws that are governed in its country of incorporation. Any action of a judicial, extrajudicial, administrative, or another type must be directed directly and followed in the application of the laws that govern the legal entity of merit. In this sense, the courts of the country of origin must analyze their competence to receive claims that do not come from it, informing the user that they are exercising the action.

15. Prohibitions and Sanctions.

You will not use our platform to transmit content or material that:

Are unlawful, threatening, defamatory
That violate or infringe copyrights, rights of privacy or publicity, communications regulations, or any other laws
That constitute political campaigns or marketing solicitations
Hate speech
Racism
Discrimination against the LGBTIQ community and others.

Any violation of the provisions stated here will be subjected to review and appropriate action that the company decides to take.
Failure to comply with any of the commitments established in these Terms and Conditions by private users of Tunnme tools will have the following sanctions as a direct consequence:

Temporary user lockout
Indefinite user lock
Low and withdrawal from the platform

Reasons to unsubscribe from the platform for users who make requests for services from various information areas:

If there are proven attempts to agree with providers outside of the platform
If one or more of the following occurs:
Entry of false information
Too many wrong requests
Attempt to violate our databases

Reasons to unsubscribe from the platform:

for affiliated providers, if there are proven attempts to agree with users who make requests for services outside the platform
If one or more of the following occurs:
Entry of false information
Use of the Company's technological tools for illegal purposes
Provision of services with low qualification without being corrected within a period of 15 days
Claims by users to the providers of the requested services
Lack of response from providers for services requests
Attempt to violate our databases

16. Blocking of users or providers for criminal activities.

It is established and agreed that Tunnme may cancel and block the profiles of users or providers in the event that there are indications or evidence that they are carrying out illicit activities or laundering of assets and money through Tunnme or as a result of the provision of or request for any services that are made available to the user through the virtual platform.

17. Conflict resolution.

In the event of any type of conflict, the parties must negotiate directly with each other in the first instance and, if they are unable to reach an agreement, the following arbitration clause must be applied.

18. Arbitration.

All litigation, controversy, pretension, claim, or dispute derived from this contract or related to it, without limitation, including its formation, validity, and nullity, as well as its amendments or related covenants and non-contractual claims, will be resolved by ad-hoc arbitration at law through three arbitrators appointed one by each party and the third by the two elected arbitrators, who will be the president of the Arbitral Tribunal. The place of arbitration will be the city of San Salvador. The language will be Spanish. The substantive law to resolve the dispute will be Salvadoran law and in case of gaps, the Latin American Principles of Contract Law will be applied. The law applicable to this arbitration clause will be the law of El Salvador. The procedure provided by law will have the following modifications: a) In the event that a party refuses, postpones unjustifiably or does not appoint its arbitrator within ten working days following the notification of the opposing party, the parties delegate the appointment to the Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador. This same rule will apply for the designation of the third arbitrator in case there is no consensus by the two appointed arbitrators; b) The term to answer the claim will be twenty business days and to answer the exceptions and/or counterclaim will be fifteen business days; c) The duration of the arbitration shall be six months, and the Arbitral Tribunal may extend it by up to two months, and must give reasons for its decision; d) The use of new technologies is expressly authorized for all arbitration proceedings, and the entire procedure may be conducted entirely online; and, e) In the event of procedural gaps, the Prague Rules will be adopted. Costs and expenses, including attorneys' and experts' fees, will be reimbursed to the prevailing party in full, and in the event of a mixed or dismissal award, the Arbitral Tribunal will determine what is appropriate.

19. Notifications.

The official notification address is established as the one designated by the owner of Tunnme and the affiliated entities through the entry of personal information of users in the company's technological tools.

20. Applicable legislation.

It is expressly designated applicable to any relationship that is generated from these Terms and Conditions of Use, the legislation USA, whose laws will be interpreted by the courts of that country, indicating for any conflict expressly its courts which will be competent to resolve any conflict that may arise.