Telnya
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- Terms - Privacy Policy
The Platform offers a set of products and services that enable social, economic, financial, labor, technological and commercial relationships between companies and professionals, as well as tools and applications that enable the transfer of content in order to translate these agreements into incredible digital relationships between users.
All the services that we put at your disposal, involve a great deployment of human and technological resources, which also requires higher levels of security against potential cyber threats, fraud, malicious content or inappropriate behavior.
In order to maintain the balance between security and protection of users, and the efficiency of the services and products we offer, we describe below the different conditions of use, to ensure as far as possible the rights of users and the smooth running of the platform.
Companies adhered to any of our Partner or Affiliate Programs are subject to the Individual Terms and Conditions of each of these groups.
All products and services provided or otherwise made available by Telnya, are provided "as is", Telnya makes no warranties to the customer or any other person or entity, whether express, implied or statutory, including but not limited to the implied warranties of non-infringement, merchantability, completeness, reliability and security.
You should read these terms and conditions of use carefully. Access to and use of all services and products linked to Telnya are" governed by these terms and conditions. By using the services and products Telnya offers, you agree to be bound by these applicable terms and conditions.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCTS OR SERVICES OFFERED BY TELNYA.
3 - General terms and conditions.
Telnya offers multiple tools that favor the relationships and activities of users inside and outside the platform, which is of great complexity so it is necessary to comply with and accept certain conditions in order to protect as far as possible the safety of all users, and the smooth running of the services we offer.
By opening an account you as a User agree and acknowledge that:
Telnya offers free products and services by simply registering as a user.
Some of the products or services are limited and to access or increase their benefits, it is essential to be a subscriber since their use requires greater technical and human resources to ensure and enable their proper functioning.
We recommend that you read them carefully before proceeding with your purchase of services as they may be subject to different conditions, depending on their nature.
5.1 All paid products and services purchased, have their corresponding guarantees and rights of return or refund. Most services have at least a 30-day trial period, after which they are non-refundable.
5.2 Payment for the contracted products must be made in advance through one of the available payment systems.
5.3 Renewals may be monthly or yearly depending on their specific characteristics and the user's needs. The renewals will be charged to the payment system with which the first purchase was made.
5.4 We may choose to send you the corresponding invoice within 48 hours of payment to the designated email address or access it through the corresponding Billing panel.
5.5 The prices of the products or services always correspond to those published at the time of purchase or renewal.
5.6 In the event that you have purchased an annual payment service, and later wish to change it for another service with greater features, the corresponding proportional discount (proration) will be applied in such a way that the amount not consumed from the last monthly payment of the previous service will be subtracted from the new service. This process may entail an adaptation time, due to the realization of backup copies or other technical processes. We therefore recommend that the contract be booked at least 15 days in advance so that it can begin to be applied from the following month.
5.7 In any case, a change to a smaller package may result in the reduction of the capabilities and performance of the service and therefore the irreversible loss of content, messages, agreements and all activities available or stored in the larger package. The user shall be solely responsible for any "downgrade" changes to the account activity.
5.8 Telnya reserves the right to temporarily suspend the services for any incidence in the collection of the service and/or for non-payment until the resolution of the same. If the customer does not proceed with the payment after the temporary suspension notices, the service will be cancelled. This may result in the total and irreversible loss of the content and related activities that comprise them, without Telnya having to compensate the user financially or in any other way.
5.9 In some cases and due to the irreversibility of the contracted products such as advertising, hosting, domains, etc., they will not be refundable.
5.10 The guarantees apply to the initial contracting of the service and cover the amount of product purchased, excluding other concepts not specifically mentioned in the applicable Contract Conditions.
5.11 User is responsible for knowing the Fees for the Services purchased prior to issuing the applicable Order/invoice. We may increase the Fees upon thirty (30) days' notice as follows: (a) for Services provided on a month-to-month basis, we may increase the Fees as of the first day of the month following the notice period; and (b) for Services provided for a period longer than one month, we may increase the fees for the Services as of the first day of the next Renewal Term.
5.12 You must provide us with at least thirty (30) days prior written notice of any change in your billing email address(es). Billing begins on the first day the Services are made available to you. Recurring fees will be charged/billed monthly. Non-recurring charges will be included in the invoice for applicable installation or changes to the Service. You waive the right to dispute any charges that have not been disputed within thirty (30) days after the date of the charge or invoice.
5.13 If any amount is not paid when due, we may impose a late payment charge in an amount equal to one and one-half percent (1 ½%) (or the maximum legal rate, if less) of the unpaid balance per month.You will reimburse us for all expenses we incur, including reasonable attorneys' fees, to collect any amounts due under this Agreement. We may also suspend the Services if you fail to pay any Fees when due.If payment is returned for insufficient funds or bank charges, you must reimburse us for all associated processing fees, as well as late payment fees to the extent applicable.
5.14 The provision of the Services is subject to ongoing approval of your creditworthiness.In certain cases we deem appropriate, you must provide such financial information as we may reasonably request to determine your creditworthiness.
5.15 You are responsible for payment of all governmental assessments, surcharges and fees related to your use of the Services (other than taxes on our net income). We will not bill you for any taxes if you provide us with valid exemption certificate(s). If you fail to provide or maintain the required tax exemption certificate(s), you shall indemnify, defend and hold us harmless from any damages or liability we incur, and we may bill you for all applicable taxes.
The Toky is an internal token whose value represents one USD dollar, at the time of market 1Toky = 1USD.
The Toky represents "virtual money" but it is NOT A CRYPTOMONEY. It can only be transferred between users (without costs or commissions), ONLY WITHIN THE PLATFORM.
Tokys can only be added or withdrawn through payment platforms such as Paypal, Stripe or Bank Transfer.
Telnya is subject to various audits and is obliged to offer its activities if requested by official governmental or judicial bodies in the USA or other countries in which we operate.
Telnya we take very seriously the security and protection of our community of
Users and Consumers, against people or organizations acting under false identities or impersonation, which in many cases serve as a mechanism for fraudulent or illegal activities such as scams, forgery, extraction of sensitive information, deception, ect.
This is a major effort and requires extraordinary measures to be taken to deal with it as far as possible.
7.1 As part of the verification procedure and in order for the User to exercise his/her rights and claims, he/she must provide authentic and verifiable information about his/her professional profile, business or products/services in the registration process.
7.2 Telnya may at any time and as often as Telnya deems appropriate request the User to verify his data with additional official documentation until his identity is proven. In the event that such information is not provided or does not correspond to the data in your profile, Telnya may take the measures it deems appropriate until such situation is resolved regardless of the contracted services. These measures may include:
7.3 Although Telnya attempts to verify the identity of Users, procedures may not be accurate and therefore cannot guarantee that such identity corresponds to the owner. The User shall always be ultimately responsible for authenticating Users prior to any contact, communication or relationship that may arise, exempting Telnya from any liability as a result of incorrect data, false documentation or impersonation.
7.4 The User declares, warrants and agrees that:
7.5 Telnya makes available to users our "Verified User" service distinguished with the corresponding icon.
This is a greater guarantee and confidence to the community, however, the "Verified Users" are not exempt from routine verification checks to reaffirm their status, and in cases where detected:
8 - Recharge and withdrawal of funds.
Telnya is not a Payment Provider and cannot act as such.
For this purpose, we have different payment platforms (and others that we will be adding) such as Stripe or Paypal, which are the ones that will process the deposit or withdrawal of funds from Toky.
To use these platforms, you must first register.
In the FAQ section, you have all the information on how to top up or withdraw funds through your preferred funding source. You can also consult the websites of Paypal or Stripe where they will provide you with all the information you need.
8.1 The User can top up or withdraw their funds at any time through the available payment platforms.
8.2 Telnya does not charge any fees for the recharge or withdrawal of funds if it is done through the funding platforms, only if the withdrawal of funds is done through bank transfer, due to currency conversion fees in case it is done in a currency other than USD, and transfer handling fees. See Bank Transfers.
8.3 If at any time you decide to close your account, please ensure that you withdraw the funds first. If, for any reason, we are forced to permanently close your account, we will refund your funds, via the payment platforms you have used.
8.4 Only internal Toky transactions are reflected in Telnya, i.e. donations, collections and payments that will be reflected in your Finance panel and other messages and notifications that we deem appropriate. Remember that our token is not a payment processor and is only used internally so that transfers between users are simple, fast and secure without any cost.
Transactions made through your source of funds, you should consult with the corresponding payment platform.
8.5 For security purposes, for certain transactions such as deposit or withdrawal of funds, a two-factor authentication may be applied through your email or SMS either for Toky transactions within the platform or by your payment processor. In order for the process to continue, you must expressly agree to it. These procedures may be freely established either by the platform (to the best of its ability) or by your payment processor without prior notice.
8.6 In case of loss, theft or inability to perform the two-factor authentication, the user undertakes as soon as possible to change contacts, disable transactions and take all appropriate security measures until the situation is resolved.
8.7 If you are unable to log in, please contact us as soon as possible. If you suspect that someone has gained access without your authorization, change the passwords.
8.8 You agree as a primary source of inquiries, to review your transactions through your Telnya account history, in lieu of periodic email statements. You will receive immediately after each transaction, an email with relevant information about your orders and payment receipts. Your transaction history will also be updated and can be accessed at any time by logging into your account.
It is possible that the settings of these processes can be adjusted to the preferences of each user and at your own risk.
9 - Partners and Content Transfer.
The platform allows the relationship between users, for multiple activities on the Internet through the transfer of different types of content (news, promotion, verifications, products, etc.). This collaboration is defined as Partners.
9.1 The User is free to establish all types of agreements or digital collaborations available with other users, and to establish by mutual agreement the conditions they deem appropriate.
9.2 Each User is responsible for and shall verify that such agreements between Partners are fulfilled on their own account through the transfer indicators.
Under no circumstances does Telnya control or have any obligation to act as supervisor between Partners.
9.3 If one of the Partners considers that the agreement is not fulfilled or terminates it, it may stop the transfer and even block the User from all activities.
9.4 Telnya shall only comply with the conditions set forth in these terms and conditions and especially those concerning unauthorized content, intellectual property or malpractice.
9.5 Telnya does not intervene in any agreement, nor does it act as arbitrator in disputes between users. If a user considers that his agreements with a Partner have been seriously violated, such as financial loss, damage to image, reputation, etc., he must resort to external arbitration mechanisms or to the courts. Telnya is not responsible for and is exonerated from any liability arising from the agreements between the parties.
Telnya is a platform where we respect freedom of expression and the free publication of content, news and information.
10.1 However, taking into account the nature of the platform aimed at professional and business activities, there are certain limitations such as:
Pornography.
10.2 We use automated mechanisms, IA and the user community itself to detect this type of content. The publication of unauthorized content may result in the temporary suspension of the account or its definitive cancellation.
10.3 If the content is also published in thematic sections, you must ensure that the nature of the content is published in the correct channel. Several cases may occur:
10.4 The User agrees that Telnya uses different technologies such as AI in order to protect the safety of users as much as possible, from activities or behaviors that violate the rules such as: inappropriate content, degrading comments, ect , but also the collaboration of our members through automated complaint mechanisms, so that from a certain number of reports, the content is automatically removed from the public or thematic channels.
11.1 You agree to use the Platform for professional or business purposes and agree not to take any action to undermine the integrity of other Users or the Platform itself:
The detection of such processes or the publication of the contents without authorization could lead to the automatic suspension of the services and to civil or criminal lawsuits before the Courts and judicial bodies by Telnya or its Licensors.
11.2 You may not use the Platform or any of its applications to engage in activities that are identical, similar or that may result in a parallel activity on the Internet without express authorization.
Managers are users who, in addition to their status as professionals in their respective sectors, have the added status of "Content Creators" and can perform other activities within the platform. Managers have certain access privileges (limited) to accounts to perform maintenance work, publish content, virtual stores, etc. to other users linked to the platform.
12.1 Being a Manager does not have a cost, nor the obligation to be verified (although it is recommended), or to acquire any type of additional service.
12.2 Any user can apply to be a Manager, but Telnya is the one who grants this distinction based on their qualification or lack of incidents (without being able to extend these requirements).
12.3 Once granted, the Manager may cancel his distinction at any time.
12.4 The Manager is free to set its rates and conditions. Agreements between Manager and User are freely entered into between the parties.
12.5 Telnya is alien and does not act as an intermediary, arbitrator or party to the agreements between the parties, exonerating the platform from any consequence or liability that may arise from the agreements and therefore:
It is advisable to establish clearly by the parties the terms of the agreement such as:
To avoid uncertainty as much as possible, it is advisable to establish intermediate payment terms according to the evolution of the work (weekly, monthly, by objectives, etc.). In this way, both parties can progressively evaluate the progress of the agreements, without the risk of postponing everything to a final delivery or payment.
12.6 Although the Manager enjoys certain privileges, he/she is also subject to certain commitments such as:
The fulfillment of these reviews will be made by Telnya at its discretion, in any case, each year will be a review and balance for the renewal of user as Manager.
12.7 Telnya reserves the right to modify the requirements to become a Manager.
12.8 The Manager agrees and acknowledges that Telnya is free to grant or withdraw such status on the basis of the requirements set forth above, or to cancel the distinction for non-compliance with the conditions, without any right to financial or other compensation.
13 - Contracts and agreements.
Telnya has a system that can be used to attest to an agreement reached, based on a message whose content can be endorsed by its recipient. It is a simple "procedure" adapted to the global environment.
13.1 The Telnya Contracts system does not convert agreements into official contracts. They can serve as a complement or proof depending on the applicable legislation, such as an email or an SMS. Therefore, if you wish to formalize a contract that defines and protects your rights in your legal sphere, we strongly suggest that you engage the services of specialized lawyers available on Telnya or elsewhere.
13.2 If a user deletes the message with the acceptance of the agreement, or his account is cancelled, it may not be recoverable, therefore, we recommend that you print the agreement or draw up one additionally by other means.
13.3 Telnya makes backup copies, but cannot guarantee that failures due to network, software, hackers or other causes may result in the loss of such messages or other content, therefore we recommend the actions in paragraph 13.2 above.
13.4 If you believe that your agreements have been seriously violated with financial loss, damage to image, reputation, etc., you should seek external arbitration mechanisms or the courts.
13.5 You acknowledge and agree that Telnya does not intervene, nor does it have the power to act as a mediator in any agreement or contract, and therefore, is exonerated from any liability that such agreements or contracts may cause.
13. 6 The User acknowledges and agrees that before "clicking" on the corresponding buttons such as: Activate, Decline, Block, Suspend, Cancel, Accept or Deny, he/she has read its operation and its consequences of use, and therefore, is solely responsible for all activities carried out such as: acceptance of agreements, alliances, partnerships, subscriptions, sending, or receiving messages, permissions, validations or otherwise, shall be deemed authorized by the User in use of all his powers, assuming all liability that such actions may cause to his account, or that of third parties.
Crowdfunding (CF) is a service for subscribers, whose objective is to raise funds for a cause or activity. The user can choose a modality among the available options.
One of the considerations to be highlighted is that each donor decides whether to recover the amount donated if the objectives defined in the CF are not achieved, by activating the corresponding checkbox before making the donation, except in those CFs whose modality offers compensation for the donation, called "CF with compensation".
14.1 The contracting of a FC is not automatic since it must be supervised by our supervisory team, which may accept or reject the request within a maximum period of 72 hours. Once approved, the payment of the FC and the activation of the service will proceed.
14.2 The user must establish the time and fundraising objectives, which cannot be changed during the implementation of the FC.
14.3 The user shall clearly describe the purpose of the FC, as well as clarify any doubts that may arise from the comments section. If, during the FC, it is not possible to prove the reason for which the funds are requested at the request of a user or Telnya, the FC may be cancelled without the right to any refund of the cost of the FC. In which case all donations will be returned to their respective donors.
14.4 If the FC involves compensation or consideration, it must be delivered prior to the withdrawal of the funds.
14.5 Donors may conceal their identity when donating.
14.6 No more than one CF can be active at any one time per user.
14.7 Donations are made in Toky.
14.8 Upon termination of the CF, a period of up to 72 hours will be established until the funds are released.
14.9 Cancellation of a CF, for unjustified causes or that may be related to any scam, cheating or manipulation, may be cause for cancellation of the availability of the CF service in the future.
Donations made in Toky by other users will be transferred instantly. Such transactions will be reflected in your Finance panel.
15.1 Donations are non-refundable to donors. That is, if you make a donation, you will not be able to reclaim it, except in those cases where it can be proven that there was a technical failure attributed to the network, software, password extraction, etc.
15.2 If you wish to recover the donations made in Crowdfunding (with the exception of the CF with compensation), you must have this option activated, allowing you to recover the donation made, if the established economic objectives are not met or the CF is cancelled, except in the "CF with compensation" mode.
Telnya is a platform that fosters free relationships between professional and business users at different levels and dimensions in a global environment.
On the one hand, relationships can be created solely within the platform or go beyond, and transform these relationships into concrete digital activities through the transfer of content on the Internet (Partners).
As in any relationship, disagreements may arise between some of the parties.
16.1 It must be emphasized that Telnya acts as a tool in a global environment and has no authority to resolve disagreements between users, beyond the measures established for the safety and general coexistence of users, the protection of the systems that make its operation possible and the interests of the platform itself and its Partners.
16.2 The User is free to establish the agreements and conditions it deems appropriate with third parties and acknowledges and agrees that:
a) Telnya never acts as a mediator.
b) Telnya has no authority to act as arbitrator or judge between the parties.
c) That the User is solely responsible for the agreements, exonerating Telnya from any liability.
17 – Suspension and cancellation of the account.
Failure to comply with the Terms described herein, may result in partial, temporary or permanent suspension of your account, without notice and without right to refund or compensation if we determine that:
17.1 We may also disable or delete your account if, after registration, it is not confirmed, is not used or remains inactive for a prolonged period, or if we detect that someone else has used it without your permission or we cannot confirm that it belongs to you.
17.2 The Platform may report or publicly warn of illegal, dishonest or fraudulent activities that may affect the safety and interests of its members and the Platform itself.
17.3 Telnya may suspend or terminate the account of Users with a high level of complaints or violations or breaches of these terms and conditions regardless of the contracted services.
17.4 You may cancel your account at any time. From that moment you will no longer appear as a User and therefore will not appear in searches performed on the Platform, however, for security reasons, we establish a period of 90 days where you can still recover your account (and its contents), if you wish. Thereafter, the account is completely deleted and all links related to it, except for content that has been shared by other users.
All right, title and interest in and to the Services (excluding User Content) are and shall remain the property of Telnya and shall be licensed to Telnya. The Services are protected by intellectual property and trademark rights, as well as by the regulations of the United States and other countries. These Terms do not grant you any rights in connection with the use of the Telnya name, its logos, domain names or any other distinctive brand features.
18.1 By becoming a Member, you consent to the inclusion of your user profile information in our database, authorizing Telnya and its Licensors to share such information with any User of the Platform or to handle such information in accordance with the Privacy Policy.
18.2 The Services may include advertisements that may be related to the Content or information provided in your Profile. You agree that Telnya, customers and licensors may include advertisements on the Services in connection with the reproduction of Content or information that you or others provide through the Services.
18.3 Telnya reserves the right to access, read, store and disclose any information as reasonably necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of any potential violation thereof, (c) detect, prevent or otherwise address fraud or technical or security issues, (d) respond to user requests for assistance, or (e) safeguard the rights, property or safety of the Platform, its users and the public.
18.4 By posting your Content and information on the Platform, you grant an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to display, transmit, distribute, reproduce, publish, copy, adapt, modify, translate, create derivative works and use part or all of the User Content in any form, media or technology now known or not now known in any manner and for any purpose that may be beneficial to your business, the operation of the Platform and/or the provision of Services. You confirm and warrant to Telnya that you have all necessary rights, power and authority to grant the foregoing license.
18.5 We make every effort to maintain the security of all users. However, this does not necessarily mean that we will review content, so please do not assume that we will do so. If you believe that any third-party content or practices violate the Terms, please do not hesitate to report it. We will do to review it, and if necessary take appropriate action.
18.6 You may terminate your account at any time. According to paragraph 17.4, after 90 days, all information contained in your account will be deleted (except for content shared by other users).
18.7 When using certain services on your website, you may need to add or modify certain clauses, terms or conditions that we deem appropriate or are mandatory under applicable laws, which clarify and define your relationship with Telnya or other users (Partners) with whom you share links through the platform, such as: purchase or sale processes, content, applications, etc. This information is intended to inform users or consumers about the technical processes, guarantees, commercial or legal conditions that are used for such purposes and the rights that protect them. In this case, you must publish such information or you must remove any technology, code or application linked to Telnya. Failure to do so may result in termination of your account or services.
18.8 Telnya is constantly changing and improving its services. Therefore, we may add or remove certain functions or features, suspend or cancel all or part of a service, or replace it with another similar service if Telnya deems it appropriate.
The contracted services will not be suspended until the purchased contract is exhausted.
Telnya is the sole owner or legal licensee of all rights, interests and content created on the Platform.
19.1 Trademarks, Logos and other distinctive graphics, documentation and/or videos are the property of their owners (Users or otherwise). They must not be reproduced without authorization.
19.2 With respect to software licenses and other intellectual/industrial property rights, the User acknowledges the ownership of the manufacturers and/or suppliers of all intellectual property rights they may hold thereon and agrees to observe the terms of such licenses and to be liable for the use thereof.
19.3 All logos related to Telnya Services are trademarks or registered trademarks of Telnya or its licensors. You may use them if you maintain any activity that keeps you linked to the platform and does not violate the terms and conditions.
19.4 You may use the HTML logos provided by Telnya for the purpose of directing web traffic to Telnya services. You may not alter, modify or change these HTML logos in any way; use them in a manner that misrepresents Telnya or the Telnya services; or display them in a manner that implies sponsorship or endorsement by Telnya when it is not true. All rights or interests in Telnya's websites, any content thereon, Telnya's services, the technology related to such services, as well as any technology created or linked to the platform, are the exclusive property of Telnya and/or its licensors.
20.1 In order to maintain the security and safety of the platform we may be required to temporarily suspend access to your account or services, for software or hardware upgrades or other technical reasons.
Telnya will inform you well in advance of the date and time such technical upgrades are scheduled.
20.2 However, there may be sudden and unexpected interruptions that we cannot foresee and therefore, there is no possibility to give users sufficient advance notice:
If interruptions occur due to unforeseen technical causes, Telnya will make every effort to communicate to users the restoration of service, but in no case will not be responsible for any losses that these causes may cause.
20.3 In the event that the interruption of services lasts longer than 24 hours, Telnya will extend the time of the corresponding contract, for all affected paid services.
20.4 In order to keep the services we offer safe and secure or to improve their performance, it is possible that certain applications may require changes to their web page codes. The User agrees to make such updates before the end of the period for final deactivation.
Telnya strives to maintain the safety and security of the Platform and its software and hardware, as well as to enforce the conditions to protect the rights of the community of users that make up the Platform.
21.1 The Platform's liability is limited with respect to your account and your use of the Services. You agree to hold Telnya harmless from any claims or demands (including legal costs) made by third parties arising out of or resulting from:
21. 2 In no event shall Telnya or its suppliers or partners be liable for loss of profits, revenue, data, resulting financial and intangible losses affecting image or goodwill, or any indirect or consequential, incidental, incidental or consequential, special, consequential, exemplary or punitive damages, nor shall they be liable for any direct or indirect cause related, for the use of Telnya's services which may include or be experienced in connection with these terms, or any cause whatsoever and under any theory of liability (including, without limitation, strict liability or negligence), even if such party has been advised of the strict liability and negligence or even the possibility of damages, without implying any limitation resulting from:
21.3 The parties acknowledge that the entry into force of Conditions specific to each service contracted does not imply any representation, delegation, warranty or agreement other than those specifically described therein, nor does it waive the general exclusion of these conditions.
21.4 Some jurisdictions provide certain warranties, such as a specific warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, Telnya excludes all warranties.
21.5 Telnya may modify the Terms at its sole discretion when it deems appropriate by posting the modified and restated Terms or Conditions at least 30 days prior to their implementation.
21.6 To the extent permitted by law, the total liability of Telnya, as well as its suppliers and partners, for any claims made under these conditions, including any implied warranties, is limited to the amount paid for the services contracted.
21.7 Services are provided over various facilities and communication lines which may belong to third parties outside our control. We assume no responsibility and make no warranty regarding the integrity, privacy, security, confidentiality or use of any information and are therefore not responsible for any information transmitted or received through the services.
21.8 You are solely responsible for the actions while using the Services, including, but not limited to, those incurred by your Partners, Collaborators or any third parties whatsoever, linked to the Platform.
21.9 If the User violates any of the Terms or if Telnya has reasonable grounds to believe that the User is in breach of the Terms, or is notified by other users of a breach, Telnya may partially or totally suspend access to the Services until the claims or breaches are clarified or remedied. Such measures may range from temporary suspension to deletion of the account together with the contracted services or products and established links, without any consideration, financial or otherwise.
21.10 Our liability to you in all circumstances is limited to reimbursement of the amount of the service contracted, as reflected in the history of your corresponding accounting panel. Such refund may be in full or pro-rated depending on:
21.11 The Platform makes every effort and has multiple technological and human security mechanisms, with which it tries to prevent fraud, identity theft, inappropriate content, hackers, information extraction, etc., however, it is possible that, even taking security measures at its disposal, malicious users or cybercriminals can bypass these measures. The user accepts and acknowledges that these situations may occur, exonerating Telnya from any compensation for economic losses, damages, interruption, loss or any other damage to themselves or third parties, which may be caused by or originate from such actions.
22 – Data Protection and Privacy.
22.1 We care about the privacy and confidentiality of each and every one of our users. Telnya does not give, sell or exchange your personal information with any outside organization. We will only use the essential and limited information in the following cases:
For any other option, we will request your express acceptance, for example, when you wish to purchase any complementary service that may be offered by one of our partners such as websites, software, etc., in which case we will inform you of what information is required and the purpose for which it will be used, requesting your authorization.
We will only transfer your data in those cases where the competent official authorities require it and we must comply with applicable laws such as, for example, a lawsuit or judicial investigation.
22.2 Any information you provide to Telnya is subject to our Data Protection Policy covering Telnya's collection and use of your information. You are hereby informed that your use of the Services constitutes your implied consent to the collection and use of this information (as set forth in the Data Protection Policy), including, also, your implied consent to the transfer of this information to the United States or other countries for storage, processing and use by Telnya. As part of the provision of the Services, we may need to notify you of certain information, such as news related to the provision of the Services or administrative postings. These notifications are considered part of the Services and your Account, so you may not be able to opt out of receiving them for this reason.
23 - Applicable Law and Competent Courts.
These Terms and any action related thereto shall be governed in accordance with the provisions of the law of the State of Florida without giving effect to any principles that conflict with the laws of your state or country of residence. For this, you agree that any claim, proceeding or litigation arising in connection with the Services shall be irrevocably submitted to the federal or state courts located in Miami-Dade County, FL, USA, and shall also be subject to the jurisdiction and venue of the courts, and waive any forum non conveniens exceptions.
24 – Disputes and Arbitration.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including the interpretation, enforcement and any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures. The only exception to the exclusivity of arbitration is that either party has the right to file an individual lawsuit against the other in a small claims court of competent jurisdiction or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party's claim is within the jurisdiction of a small claims court. If the responding party requests to proceed in small claims court prior to the appointment of the arbitrator, the arbitration will be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator will determine whether the dispute should be decided in arbitration or whether the arbitration should be administratively closed and decided in small claims court. Whether you elect arbitration or small claims court, under no circumstances may you bring or maintain against us any class action, class arbitration or other representative action or proceeding.
By using the Services, you agree to the above arbitration terms. By doing so, YOU WAIVE THE RIGHT TO GO TO COURT (except for matters that may be brought in small claims court). YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. You understand that your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator will determine all issues relating to the arbitrability of the dispute. The arbitrator may award any relief that a court can provide, and the arbitrator's decisions are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce arbitration, including any proceeding to confirm, modify or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is held to be unenforceable for any reason, any litigation against us may be brought only in the federal or state courts located in Miami-Dade County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
If any action or other proceeding is brought to enforce this Agreement, or because of any alleged or actual dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the prevailing or prevailing party shall be entitled to recover reasonable attorney. fees and other costs incurred in such action or proceeding, in addition to any other relief to which it may be entitled.