Terms and Conditions of Use

1. Acceptance of Terms

By downloading, installing, or using the Cuentas Claras LATAM application ("the Application"), you accept these Terms and Conditions in their entirety. If you do not agree, do not use the Application.

2. Description of Service

Cuentas Claras LATAM is a tool for organizing and tracking shared expenses among people. The Application does NOT perform money transfers, collections, or act as a financial intermediary. Any payment or settlement between users takes place outside the Application and is the exclusive responsibility of the parties involved.

3. Minimum Age and Minors

The Application is intended for persons over the age of 13. During registration, the user's date of birth is requested in order to verify compliance with this age requirement and, where applicable, to apply the corresponding safeguards for minors.

Users between the ages of 13 and 17 require the prior, express, and verifiable consent of their parent or legal guardian to use the Application, in accordance with applicable laws on the protection of minors and personal data in their jurisdiction of residence.

By allowing a minor to use the Application, the parent or legal guardian accepts these Terms and Conditions and the Privacy Notice on behalf of the minor, assumes responsibility for the minor's use of the Application, and undertakes to supervise such use.

Cuentas Claras LATAM has no obligation or technical capacity to independently verify the age of users or the existence of parental consent. If Cuentas Claras LATAM becomes aware that a child under 13 has created an account without the required consent, it will delete that account and associated data.

4. Registration and Account

To use the Application, you must create an account by providing accurate and up-to-date information, including your name, email address, and date of birth. Date of birth is required to verify age eligibility and, for users under 18, to apply the corresponding legal safeguards. You are responsible for maintaining the confidentiality of your access credentials and for all activities carried out from your account. Cuentas Claras LATAM will not be liable for unauthorized access resulting from the user's misuse, loss, or disclosure of those credentials. Optionally, you may set up a unique username (@username) so other users can find you within the Application.

5. Acceptable Use

The user agrees to:

• Provide accurate information when registering expenses and participants.
• Use the Application responsibly and in good faith.
• Not use the Application for fraudulent, deceptive, or illegal activities, or those that violate the rights of third parties.
• Not attempt to access other users' accounts or data without authorization.
• Not use their username or invitation code to impersonate another person.

5.bis. Consequences of Non-Compliance

Cuentas Claras LATAM reserves the right to, without prejudice to any other legal actions available:

• Suspend or permanently cancel the account of any user who, based on reasonable evidence, is engaging in fraudulent or deceptive conduct, or in material violations of these Terms.
• Remove or restrict the visibility of content (including expenses, receipts, or any other user-generated content) that is fraudulent, offensive, illegal, or in violation of these Terms.
• Cooperate with competent authorities by providing user information when there is a valid legal requirement or reasonable suspicion of a crime.
• Retain user content and records for a reasonable period of time necessary to respond to investigations or legal disputes, even after the account has been deleted.

The above actions do not require prior notification to the user when such notification could frustrate the purpose of the measure or put other users at risk.

6. Subscriptions and Purchases

The Application offers free features and premium features by subscription. Purchases are made through the corresponding app store (Apple App Store or Google Play). Prices include applicable taxes. The management of payments, renewals, cancellations, and refunds is governed by the policies of the store where you made the purchase. To request a refund, contact Apple or Google directly, as applicable.

7. Payment Methods and Optional Financial Data

The Application allows users to optionally register information about their preferred payment methods for the sole purpose of sharing this information with other users to facilitate settlements between them. Available payment methods include, by way of example: bank transfer (CLABE or other banking identifiers), cash, PayPal, Mercado Pago, Clip, Stripe, RappiPay, Bitcoin, Ethereum, USDT, other cryptocurrencies, and other user-defined methods.

This information is stored in a protected and encrypted manner in our database. Registering financial or asset data requires the user's express consent. Cuentas Claras LATAM does not use this data to make collections, transfers, or transactions of any kind.

Cuentas Claras LATAM is not liable for economic losses arising from transfers made to incorrect, outdated, or fraudulently registered payment data by any user.

8. Intellectual Property

The Application, its design, code, logos, and content are the property of Cuentas Claras LATAM. The trademark "CUENTAS CLARAS LATAM" is in the process of being registered with the Mexican Institute of Industrial Property (IMPI). Reproduction, distribution, or modification without express authorization is prohibited.

9. User Content

The user retains ownership of content they upload to the Application (receipts, proof of payment, images), but grants Cuentas Claras LATAM a limited, non-exclusive, and revocable license to store and display it within the service for the sole purpose of operating the platform. This license expires upon deletion of the account or the corresponding content.

Receipts and proof of payment uploaded by the user may be retained in shared expense records during the account deletion grace period (7 days) and will be permanently deleted after that period, unless another expense participant requires their retention, in which case the requesting user's personal data will be anonymized.

10. Limitation of Liability

Cuentas Claras LATAM is not responsible for:

• Disputes between users arising from shared expenses or settlements. Cuentas Claras LATAM does not act as a mediator, arbitrator, or dispute resolution authority between users.
• The accuracy of information registered by users, including payment method data.
• Economic losses arising from the use or inability to use the Application.
• Temporary service interruptions due to maintenance or force majeure.
• Transfers made to incorrect, outdated, or third-party-provided payment data.

The calculations and balances shown in the Application are indicative and based solely on information entered by users themselves. The user is responsible for verifying amounts before making any settlement.

11. Indemnification

The user agrees to indemnify and hold Cuentas Claras LATAM harmless from any claims, damages, or expenses arising from the user's misuse of the Application or breach of these Terms.

12. Disclaimer of Warranties

The Application is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or freedom from errors.

13. Limitation of Liability Cap

To the maximum extent permitted by applicable law, Cuentas Claras LATAM will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Application. In no event will Cuentas Claras LATAM's total cumulative liability to a user exceed the total amount paid by the user for the service during the last twelve (12) months, or zero if the user uses only the free version.

14. Service Availability

Cuentas Claras LATAM does not guarantee that the Application will be available continuously, error-free, or without interruption. The service may be temporarily suspended for maintenance, updates, technical failures, or causes beyond our control. Cuentas Claras LATAM may modify, update, suspend, or remove Application features at any time as part of the service's evolution.

15. Force Majeure

Cuentas Claras LATAM will not be liable for breaches or delays arising from events beyond its reasonable control, including internet failures, technological provider interruptions, natural disasters, acts of authority, or force majeure events.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a competent authority, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between the user and Cuentas Claras LATAM regarding use of the Application and supersede any prior agreement, whether verbal or written.

18. Modifications

We reserve the right to modify these Terms at any time. Users will be notified of material changes through the Application. Continued use of the Application after notification constitutes acceptance of the new Terms.

19. Termination

You may stop using the Application and request deletion of your account at any time from the Application settings. After confirming the request, a 7-day grace period will begin during which you may cancel the deletion. After that period, your account and associated data will be permanently deleted as described in the Privacy Notice.

We reserve the right to suspend or cancel accounts that violate these Terms.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Mexican States. For any dispute arising from use of the Application, the parties submit to the jurisdiction of the competent courts in the State of Jalisco, Mexico, waiving any other jurisdiction that may correspond to them.

21. Contact

For questions about these Terms:

General: contacto@cuentasclaraslatam.com

Privacy and personal data: privacy@cuentasclaraslatam.com