This document establishes the conditions that will govern the use of the mobile application: Nuvola APP (hereinafter the application), which is operated by MAMA TRIBE SAPI DE CV, a company incorporated in Mexico and domiciled in the city of Zapopan, Jalisco.
The user agrees to read the terms and conditions set forth herein prior to downloading the application. Therefore, by installing the application, it is understood that the user has fully understood this document and consequently accepts all of its provisions.
The User acknowledges that the entry of their personal information, and the data contained in the application at their disposal regarding active products with MAMA TRIBE SAPI DE CV companies, is done voluntarily. Those who choose to access this application in Mexico or from outside the national territory do so on their own initiative and are responsible for compliance with local laws, to the extent that such laws are applicable in their corresponding country. In the event that access is by minors, they must have the supervision of an adult at all times from the download and during the use of the application. In the event that this condition is not met, we thank you not to use the application.
Hereinafter, the term "USER" refers to the person who downloads and uses the application in any of its versions and on various available devices.
Scope and Use
The application will provide the USER with information and/or allow the completion of transactions determined or enabled by Nuvola APP for each specific product. Nuvola may add, modify, or remove features at any time, which the user accepts by installing the application. In any case, the user will be notified of such modifications through the mobile application once they log in.
The user accepts and authorizes that the electronic records of the aforementioned activities carried out in the application constitute full proof thereof.
Requirements for Use
The user must have a smartphone running an Android or iOS operating system, either of which has internet access, both secure and reliable. Nuvola APP is not responsible for the security of users' smartphones used to access the channel, nor for the availability of the service on devices on which the application is downloaded.
To the extent permitted by law, the materials in the Application are provided without warranty of any kind, express or implied, including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement, and therefore, Nuvola APP does not warrant proper operation on the various operating systems or devices on which the Application is used.
To access the portal, THE USER will have a Username and Password, which identifies him/her in his/her relationship with Nuvola APP.
User Obligations
The USER undertakes to use the application and the contents found therein in a diligent, correct, and lawful manner and, in particular, undertakes NOT to engage in the conduct described below:
- (a) Use the contents in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order;
- (b) Reproduce, copy, represent, use, distribute, transform or modify the contents of the application, by any procedure or on any medium, in whole or in part, or allow public access through any form of public communication;
- (c) Use the contents in any way that poses a risk of damage or disablement of the application or the contents or of third parties;
- (d) Suppress, evade or manipulate the copyright and other identifying data of the copyright incorporated in the contents, as well as the technical protection devices, or any information mechanisms that the contents may have;
- (e) Use the contents and, in particular, the information of any kind obtained through the application to distribute, transmit, send, modify, reuse or report the advertising or the contents thereof for direct sales purposes or for any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose such information in any way;
- (f) Not allow third parties other than you to use the mobile application with your password;
- g) Use the application and its contents for lawful and/or unlawful purposes, contrary to the provisions of these Terms and Conditions, or the use of the application itself, which are harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate the application and its contents or prevent normal use or enjoyment of the application and its contents by users.
Intellectual Property
All computer, graphic, advertising, photographic, multimedia, audiovisual, and design material, as well as all content, text, and databases made available to you in this application, are protected by copyright and/or industrial property rights owned by MAMA TRIBE SAPI de CV., or its affiliated, related, or subsidiary companies, or, in some cases, by third parties that have authorized their use or exploitation. Likewise, the use of certain third-party materials in the application is expressly authorized by law or by said third parties. All content in the application is protected by copyright laws and all applicable national and international regulations.
Except as expressly provided in these Terms and Conditions, any act of copying, reproducing, modifying, creating derivative works, selling or distributing, displaying the contents of this application, in any manner or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or any other means, is prohibited without the prior written permission of Nuvola or the owner of the respective rights.
Under no circumstances do these Terms and Conditions confer rights, licenses, or authorizations to perform the aforementioned acts. Any unauthorized use of the contents will constitute a violation of this document and of current copyright laws, current national and international laws on industrial property, and any other applicable laws.
License to Copy for Personal Use
You will be able to read, view, print, and download the material published in the mobile application.
No part of the Application may be reproduced or transmitted or stored in any other website or other form of electronic retrieval system.
Whether specifically acknowledged or not, the trademarks, service marks and logos displayed on this application belong to the Nuvola APP group of companies, including without limitation, MAMA TRIBE SAPI DE CV, its promotional partners and other third parties.
Neither the aforementioned MAMA TRIBE SAPI DE CV nor Nuvola APP interferes, makes decisions, nor guarantees the relationships that users may maintain or the links with third parties.
that advertise and/or promote their products and services. These third-party trademarks are used solely to identify the products and services of their respective owners, and sponsorship or endorsement by Nuvola APP should not be inferred from the use of these trademarks.
Integration with Other Applications
The Facebook®, Instagram®, Twitter® links in this application may display content that is not under the control of Nuvola APP.
Although this Nuvola APP application attempts to provide links only to third-party sites and applications that comply with applicable laws and regulations and Nuvola APP's standards, the User should understand that Nuvola APP has no control over the nature and content of those sites and is not recommending these sites, the information they contain, or the products or services of third parties.
Nuvola APP does not accept responsibility for the content of any third-party site to which a hypertext link exists and offers no guarantee (explicit or implied) regarding the content of the information on such sites, as it does not recommend these sites.
You should check the terms and conditions, legal policy, and privacy policy sections of any other Nuvola APP sites or third parties to which you link.
Nuvola APP assumes no liability for any direct, indirect, or consequential loss resulting from the use of a third-party site.
Use of Information and Privacy
By downloading the app, you accept and authorize MAMA TRIBE SAPI de CV to use your data as the data controller for purposes arising from the operation of the app. MAMA TRIBE SAPI de CV informs you that you may exercise your rights to access, update, rectify, and delete your personal information, as well as the right to revoke the consent granted for the processing of personal data. For more information, please review the PRIVACY NOTICE section, which details the handling of personal data.
Nuvola's Responsibility
Nuvola APP will endeavor to ensure the availability, continuity, and proper functioning of the application. Nuvola APP may block, interrupt, or restrict access to it when deemed necessary to improve the application or due to its discontinuation.
Users are advised to take appropriate measures and act diligently when accessing the application, such as having protection programs, antivirus, malware management, spyware, and similar tools.
Nuvola APP shall not be liable for: a) Force majeure or unforeseeable circumstances; b) The loss, misplacement, or theft of your mobile device that may cause third parties to access the mobile application; c) Typing errors or errors in access by the customer; d) Damages, loss of profits, consequential damages, moral damages, and, in general, sums charged to Nuvola APP for delays, failure to process information, suspension of mobile operator service, or damage to mobile devices.
Denial and Withdrawal of Access to the Application
In the event that a User breaches these Terms and Conditions, or any other applicable provisions, Nuvola APP reserves the right to suspend the USER's access to the application.
Terms and Conditions
The USER expressly accepts the Terms and Conditions, which are an essential condition for using the application. In the event that you disagree with these Terms and Conditions, please leave the application immediately. Nuvola APP may modify these terms and conditions by notifying the users of the application by posting them on the website www.nuvolamom.com or by disseminating the modifications by electronic means, social networks, SMS and/or email. The user will be deemed to have accepted this modification if he or she continues to use the application.
Use of Non-Personal Information
Nuvola APP also collects non-personal information in aggregate form for tracking purposes, such as the total number of app downloads. We use this information, which remains in aggregate form, to understand app behavior.
Use of IP Addresses
Cloud APP may collect IP addresses for system administration purposes and to audit the use of our site, all in accordance with the data protection authorization you subscribe to for that purpose. We do not normally link a user's IP address to that user's personal information, which means that each user session is logged, but the user remains anonymous to us. However, we may use IP addresses to identify users of our site when necessary to enforce our terms of use or to protect our service, site, or other users.
Security
Nuvola APP is committed to protecting the security of your personal information. Nuvola APP has implemented security mechanisms that ensure the protection of your personal information, as well as access only by authorized personnel and systems, and against the loss, misuse, and alteration of your user data under our control.
Jurisdiction
These terms and conditions, and all matters relating to this application, are governed by the laws in force in the city of Guadalajara, Jalisco, Mexico.
Contact
If you require more information, please contact us at hola@nuvolamom.com