Pushd

These Terms and Conditions of Use govern how you use the Pushd®. When you create a Pushd® or use the platform or its mobile app, in any of its forms, you accept these conditions.

The Pushd® is one of the services of Inversiones DZM SpA. Therefore, these Terms and Conditions of Use constitute an agreement between you and Inversiones DZM SpA.

Please read the Pushd® before using the application: 

• DESCRIPTION OF PUSHD®

We agree to provide you with the Pushd®, which includes all products, functions, applications, services, technologies and the Pushd®.

The purpose of Pushd® is to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money, which will be paid by the Advertiser or Partner, to be used in a Marketplace of Pushd® (hereinafter “The Store”) intended for these purposes.

software Pushd® unites people, companies, companies or whatever their name (hereinafter “Partners”) that intend to promote and advertise products or services with people (hereinafter “Users”) who agree to receive advertising, marketing, propaganda, advertisements, broadcasts or any similar to promote products or services of their activity on their mobile devices and for this they will receive a valuable consideration in money that will be paid by the Member and that can be used exclusively in The Store.

platform and mobile application Pushd® are designed to be an advertising and marketing space between offering entities and people interested in receiving said information in exchange for a consideration equivalent to money. In no case does it replace the basic principles of morality, respect, coexistence and cordiality that are required of any average citizen. Pushd® is not responsible for illegitimate, immoral pressure, mistreatment or situations that undermine the physical and mental integrity of people who use Pushd®.

• OF THE CONSIDERATION EQUIVALENT TO MONEY: 

Every User validly registered in Pushd® will have the right to receive a consideration equivalent in money that will be paid by the Partner or Advertiser, to be used in The Store. This means that, by giving access to receive advertising notifications, the User will receive an amount equivalent to money for each advertising notification received for validly registering on the Pushd®. 

• CALCULATION OF THE CONSIDERATION EQUIVALENT TO MONEY:

The consideration equivalent in money to which the User will be entitled will have a calculation formula variable and will depend on one of the following alternatives:

1. 1. Days connected to the application of Pushd®. The days that the User connects to the application will have a positive evaluation to account for the amount equivalent to money. The more days connected, the higher income.
   2. Enter personal data to the application.

• Determining your areas of interest in the application, for the segmentation of notifications. The greater the amount of information that the User gives to Pushd®, the greater the equivalent amount of money that the User will receive. 

1. Invitations to non-users of Pushd®. Pushd® allows Users to invite external people to register on its platform. For each new person registered as a result of the invitation made by another User, the equivalent amount in money that said User will obtain will increase. 
2. Other circumstantial or eventual benefits or promotions that arise in the development of Pushd®.

These may concur in an indistinct or joint way the use that the User gives to the Pushd® and will be directly related to the equivalent amount in money that the User receives.

• ACCOUNTING OF THE EQUIVALENT CONSIDERATION IN MONEY: 

The Pushd® will keep an accounting system of the amounts equivalent to money that each User acquires for the use of the application, its functionalities and variable amounts described above.

The User will have unlimited access to know the equivalent amounts in money that he has paid for the use of the Pushd®.

• THE USE OF THE EQUIVALENT AMOUNTS IN MONEY IN THE STORE:

The amounts equivalent to money will be the absolute property of the User who may freely dispose of them only in the Pushd®. The use of the amounts equivalent to money to be used in The Store will be through the creation of discount coupons in the companies or businesses associated with Pushd®.

The User accepts, declares and acknowledges that at the time of freely disposing of the equivalent amounts in money in The Store, he does so by freely consenting and exempt from any act that may vitiate the consent.

• OF THE CONVERSION OF THE EQUIVALENT AMOUNT IN MONEY IN DISCOUNT COUPONS TO BE USED IN THE STORE:

For the calculation and conversion of the equivalent amounts in money for discount coupons that will be used by the Users in the Store, Pushd® carry out the following operation: the points are equivalent to Chilean pesos.

The User accepts and declares to know this mechanism of calculation and conversion of the equivalent amounts in money obtained by the use of the Pushd®.

• OF THE PUSHD® MARKETPLACE OR THE STORE:

It is understood by the Pushd® or The Store, that virtual e-commerce for the exclusive use of Pushd® and that Pushd® makes available to them so that they can make use of the equivalent amounts in money obtained by the use of the Pushd®. 

In La Tienda there will be different associated companies and businesses that may offer their products or services to Pushd® for the use of discount coupons in said associated company or business. These discount coupons will be attributable to the equivalent amounts in money that the User has for the use of the Pushd®.

The User accepts, declares and acknowledges that he may freely dispose of his equivalent amounts in money only in those companies or businesses associated with The Store that are in it.

• USER REGISTRATION

To access Pushd® the qualities of users are distinguished. On the one hand, you can register as a person or User (natural subject interested in receiving advertising in exchange for an equivalent amount in money) and on the other hand, you can register as a Partner, company, brand, public or private institution, whatever its name may be. interest in being an offeror of advertising, marketing, propaganda, advertisements, broadcasts or any similar to promote products or services of its activity.

• PERSON USER

Individuals (hereinafter “User or Users“) must: (1) Download and install the application on their mobile device, be it cell phone, tablet or similar. (2) Select the option “Sign up with Google” within the application. (3) Confirm the delivery of permissions in the native Facebook dialog.

• SPECIAL TREATMENT OF MINORS UNDER 18 YEARS OLD

To avoid the improper use of the platform and the violation of the rights of minors, the Pushd® have strict regulations and applicable procedures for the entry and registration regarding these people, which are detailed below:

• PEOPLE UNDER 14 YEARS OF AGE

These people may not be users of Pushd®.

• PEOPLE OVER 14 YEARS OF AGE, BUT UNDER 18 YEARS OF AGE

Those people who are within these age ranges may use our web portal and mobile application as long as they have the supervision of their parents or guardian or another responsible adult. In case of accessing the web portal or mobile application, it is considered that it declares and guarantees that it has the authority to be a User of Pushd® and that they comply with these terms and conditions.

that the Pushd® are intended to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money, Pushd® is not responsible for advertising, marketing, advertising, announcements, broadcasts or any similar that is available on its platform or mobile application. 

The consent of the legal representatives or attorneys-in-fact will be made through [MAIL, POP UP, POP-UP TAB, QUESTIONNAIRE] a sworn statement made by the legal representative expressly stating that they are aware of:

1. The Terms and Conditions of Pushd®.
2. Of the services provided by Pushd®.
3. Of the responsibilities and exemptions of responsibility presented in these Terms and Conditions.
4. The entry of the minor to the Pushd® and that the advertising interactions that the minor can carry out without harming their health and development.

and. Of the limitations of use of the platform that the minor has due to his condition as such. 

The name of the legal representative of the minors will be recorded, so that, in case of judicial request, there is certainty of who gave consent for the minor. 

In case of impersonation of the legal representative or the person who must supervise the minor under 18 years of age, Pushd® will not be responsible under any circumstances and may notify the authorities according to legal requirements or as it deems appropriate.

Both the minor and the legal representative who has given their authorization, will have the power to demand Pushd®, when they deem it pertinent, to modify, correct, delete or similar, the personal data of the minor. The interest of Pushd® is always to ensure the best interests of the child regardless of the causes that motivate the request to eliminate all information on the minor.with and in accordance with international standards of the European

• GDPR(

.Protection Union 

• ) 

Data tune They must create a user and indicate: Commercial name of the company, Name and Surname of the person who represents the company before Pushd®, position held in the company, cell phone and email. In addition, they must create an access password. Subsequently, by filling in a blank square, they must express their consent and accept these terms and conditions, the privacy policies and the authorization for the processing of personal data.

• WAYS TO RELATE WITH PUSHD®

(1) Govern by these Terms and Conditions: 

Between Pushd® and the Partners, there will be a treatment and regulation of benefits, services, data, usability of the web platform or mobile application and any other similar

Valid User: web platform or mobile application Pushd® and that validly makes the payment of some of the commercial plans that Pushd® has for companies (For more information, you can visit our plans at the following link: www. pushd.xyz) will have access to a database that meets the characteristics, requirements and conditions of the people you are looking for to promote your advertisements, marketing campaigns, propaganda, announcements, broadcasts or any similar so that you intend to spread a products or services of your activity.

Information: The purpose of Pushd® is to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money, which will be the responsibility of the Advertiser or Partner, to be used in the store. It is not intended to make an analysis of the information or advertising provided by the Partners for the Users. In this way, Pushd® is not responsible for the veracity of the personal information provided on the platform. The User accepts that the information provided by the Partners may contain flaws, errors or false information. 

The Partner declares and accepts that the obligation of Pushd® with them consists solely of delivering a systematized database of Users interested in receiving advertising and marketing of their products or services that they intend to disseminate. Therefore, I did not start to Pushd® the information delivered to be disseminated or advertised through its platform or mobile devices. 

The Member may not excuse himself from payment of the contracted plan or demand its return on the pretext that the information provided is not true or useful to his requirements. The Partner declares that when using the web platform or mobile application of Pushd® there may be disagreement of information about the quality or interests of the Users and that this will not be an obstacle to the relationship between them and Pushd®.

The Partner declares and undertakes not to disclose the information obtained by application of the web platform or mobile application of Pushd®. In the event that the Partner contravenes this provision, Pushd® may automatically remove it from the system and will not refund the money paid. Likewise, Pushd® reserves the right to file judicial measures when it deems it convenient. 

Of the Contracted Plan: The Member acknowledges that the plan contracted by him and Pushd® will be governed by its conditions and in the event that the Member does not obtain the revenues with the chosen plan, it will not be the responsibility of Pushd®. Likewise, the Member accepts that, once the conditions of the contracted plan have ended, they must renew, extend or modify the plan and accept the conditions that exist prior to payment of the stipulated amounts. 

Of the Opportunity: The Partner accepts that Pushd® does not commit to any term to deliver the information required by it. However, Pushd® is committed to making its best efforts to deliver the information in a timely manner and without further delay. 

Pushd®  does not undertake to deliver to the Partner a certain amount of volume or number of Users for the information requested. Likewise, the Partner accepts and declares that the availability of Users will depend on the number of people validly registered and who meet the requirements that it pursues. 

From the Mission: The Partner acknowledges that the purpose of Pushd®  is to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money to be used in The Store. Therefore, you accept that the process of entering the platform by Users is not the responsibility of Pushd®.

Responsibility: Pushd®  is not responsible for the commercial success that the dissemination of information by Partners to Users may have.

Pushd® is not responsible for any damage that the Partner may suffer due to the malicious use of the platform. 

Pushd®  is not responsible for conduct that threatens the integrity of the people who make up the Partners or their physical dependencies.

(2) a special or specific contractual relationship: 

Pushd® gives the Partners the possibility of negotiating contractual conditions other than those proposed in these terms and conditions. For this case, the Partner must contact support@pushd.xyz and express their intention to regulate through a specially agreed contract the services provided to Pushd. When this provision is applicable, the terms and conditions will apply in a subsidiary manner to the provisions of the contract entered into between both Parties.

• ISSUES COMMON TO PEOPLE OR USERS AND PARTNERS OR COMPANIES

Both Users and Partners are considered indistinctly as “Parties” in these terms and conditions. 

If this validation process is not carried out, the Parties will not be able to enter the web platform or mobile application or use the Pushd® . In the event that a person uses the web platform or mobile application without being previously registered as a user, Pushd®  is not responsible for the acts or damages that these individuals may commit or cause to members of the Pushd®  or external persons.

• CONSENT

platform or mobile application Pushd® after accepting these Terms and Conditions and the consent requirements described therein. If you do not agree to these Terms and Conditions and our Privacy Policy, please do not use the Pushd® websites Pushd®.

In the event that the User enters Pushd® by connecting with his Facebook account: Permission is given to access and use the information related and declared in his Facebook profile.

In the event that the User does not enter Pushd® by connecting with his Facebook account: Permission is given to access and use the information provided at the time of registration and any other subsequent information that Pushd® requests for the correct use of its platform. 

These Terms and Conditions establish an agreement between the Parties and Pushd®. In any case, these Terms and Conditions apply to all formats of information, physical and digital, whether collected electronically or on paper.

The functionalities depend on your mobile device, the Internet network, the mobile network of your phone and your GPS, among other communication services or associated information technologies. You must understand and agree that connectivity may be interrupted, circumvented or otherwise compromised. That connectivity is beyond the control of Pushd® and we are unable to assist you in these respects.

You should understand that the use of Pushd® may be limited by your network provider or the capabilities of your device. If your device or network is incompatible, inoperable, interrupted, spoofed, in “airplane mode” or similar offline mode, no information will be received from the Pushd®. This also occurs when the user does not grant geolocation permission “at all times” on their mobile device when starting the application.

Pushd® prohibits the use of the services for illegal or immoral purposes. In particular, it is prohibited to:

1. Disclose any personal or private information without the consent of the person to whom it belongs, including children (unless you have the permission of their parents or legal guardians), except in an alert situation in which said person is the victim;
2. Engage in any offensive, harassing, harassing, defamatory, cyber-bullying, threatening, or other similar activity;
3. Impersonate identity, create a false account or use the User that belongs to another person.
4. Modifying, copying, reproducing, downloading or disclosing the content of the web page and mobile application as their own or that of another person other than Pushd® , under penalty of being liable for the civil, commercial, administrative and criminal sanctions and indemnities to which there would be place
5. Delete, elude or manipulate the “Copyright” and other data identifying the rights of Pushd® or its owners incorporated into the content, as well as the technical protection devices found on the website or mobile application.
6. Use the contents and, in particular, the information of any kind obtained through the site or the services to distribute, transmit, send, modify, refuse or report advertising or the contents of the site for the purpose of direct sales or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing said information in any way. Consequently, the user may download the material published here, on paper or computerized, only for personal purposes and with the citation of the source.
7. Publish, distribute or disclose any illegal, abusive, inappropriate, misrepresenting, obscene, pornographic information, including but not limited to transmissions that stimulate or consist in the performance of illegal acts or that violate in any way local, national or international regulations and theregulations GDPR
8. Falsify your identity or impersonate that of third parties at the time of entering your information when it is required by the web page or mobile application for the use or entry of its contents. 
9. Use the service of the website and mobile application in such a way that it could damage, disable, overload, deteriorate or prevent its normal use.

For illicit purposes or that may cause damage to Pushd® or any third party.

In the event that any of the Parties incurs in any of the aforementioned faults, Pushd® may, at its discretion, deactivate the User’s account, either totally or temporarily, and eliminate all or part of its content, with or without prior notice. warning. In addition, Pushd® may notify the authorities according to legal requirements or as it deems appropriate.

• PURPOSE OF THE TERMS AND CONDITIONS

Pushd® is a free application whose purpose is to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money, which will be paid by the user. Advertiser or Partner, to be used in a Pushd® intended for these purposes.

Pushd® provides the products and services offered in its mobile application and its www.pushd.xyz for all those Users who have registered correctly in accordance with what these Terms and Conditions establish.

These Terms and Conditions are intended to provide information to all our registered Users, customers and the general public regarding the service Pushd® in a clear, transparent and detailed manner.

These Terms and Conditions regarding the use, protection and storage of personal data and sensitive information of Pushd® comply with the highest international standards of data protection and regulation of these. Specifically, we adapt to the rules of the European Union called General Data Protection Regulation (GDPR) regarding the data we collect and how we control, protect and store it, why we do it and the rights of Users and data owners.

• USER®

To be a member ofcommunity Pushd®, and access all the functionalities of the Pushd®, the User must:

1.  Have validly registered on the platform, fulfilling all the requirements it demands.
2. Have granted permission to platform functions. Such as location, camera, notifications, audio and all those that are considered necessary for the proper use of the platform.
3. Have accepted the Terms and Conditions, as well as the Privacy Policy.

• OBLIGATIONS OF PUSHD®

The Pushd ® application mustbe used in strict accordance with the provisions of these Terms and Conditions. Any improper use of the platform will be the personal responsibility of the User.

The use of the Pushd® contains the tools and qualities indicated in these Terms and Conditions and Users who validly register may have access to these functionalities depending on their age and compliance with the requirements to be part of the Pushd®. The User may not require Pushd® to use technological tools and functionalities that do not appear within these Terms and Conditions.

Pushd® is a platform that seeks to allow its Users to receive advertising on their devices where the application has been validly installed, in exchange for a consideration equivalent to money, which will be paid by the Advertiser or Partner, to be used in a Pushd® intended for these purposes.

You acknowledge and agree that the software is highly complex tools and may have flaws, so it is impossible to guarantee that it will operate uninterrupted or error free. Pushd® undertakes, as far as possible and as far as is reasonable, to carry out internal audits of the software and make efforts to correct those errors or deviations that affect the specific result of the function corresponding to the Pushd Application. Pushd® is committed to having a support team that is constantly evaluating the state of usability of the platform to present solutions in an expedited and efficient manner.

Pushd® undertakes to:

1. Enlist the User within the public eligible to send notifications, according to their preferences, tastes and any other information that is of interest to them.

1. Protect User data. This data will never be sold or shared with third parties. The information collected only allows clients to segment the group of Users, all anonymously.

1. Serve the ads for which the User enters the segmented group selected by the client.

1. Allow the saving and management of the money collected, according to the respective “Level” of the User.

1. Allow the use of the savings in the businesses associated with the application indicated in the “Store” of the application.

• OBLIGATIONS OF THE USER

The User must deliver to Pushd® all information requested at the time of registration and any other information that may be required during the duration of the link between Pushd® and the User. The person who does not provide the information requested in these Terms and Conditions will not be considered a User and no kind of relationship, or even less obligation, will arise between Pushd® and this person.

The User must use the Pushd® in accordance with the Terms and Conditions described here and current Chilean laws.

The User is the one who must be responsible for:

1. Having adequate telephone and internet service to access the application and the services that Pushd® offers.
2. Keep your contact information up to date. Pushd® reserves the right to verify the data and to temporarily or permanently suspend accounts that present identity theft, duplicate data or falsity in them, among other similar. 
3. Pushd® may notify the authorities according to legal requirements or as it deems appropriate when there is identity theft or false data.
4. The Pushd® agrees to deliver real and reliable information to the application.
5. The User of Pushd® undertakes to make an ethical, correct use and according to the purpose of the application.

A User is prohibited from using the application or its functionalities or its website www.pushd.xyz of Pushd® to misappropriate personal information of other members of the community or in any way violates the privacy of members of the Pushd® or other rights that could directly affect members of the Pushd®.

• RIGHTS OF THE PUSHD®

The User who has validly registered on the Pushd® will have the following rights:

• PLATFORM USABILITY RIGHT

All Users validly registered on the Pushd® will have the right to access all the functionalities enshrined in these Terms and Conditions.

• GENERAL RIGHTS OF THE PLATFORM

All Users validly registered on the Pushd®enjoy the following general rights:

1. Install and use the application for as long as they deem convenient.
2. Maximize the savings percentage you receive from each listing by completing your profile, staying online, and sharing the app.
3. Make use of your savings by generating discount coupons at associated businesses.
4. Limit the number of ads you receive per day.
5. Remove granted permissions at any time, without the need to uninstall the app (the app will suspend ad delivery until permissions are granted again).
6. Uninstall the application (which also implies the withdrawal of permissions) at any time, without the need to delete the User’s profile.
7. Request deletion of your profile and all of your personal information at any time. By doing this, the User renounces any amount of savings that he has and that he had accumulated in his account.

• RIGHT OF ACCESS

The right of access is the right that the User has to know and obtain free information about:

1. If their personal data is being processed; and, if so, on the categories of data subject to processing and the purpose of the processing being carried out.
2. The origin of such data (when they have not been obtained from the interested party) and the communications that have been made of them or that are planned to be made.
3. If possible, the expected term of conservation of the personal data; and if not possible, the criteria used to determine this term.
4. The right to request the rectification, deletion or limitation of the treatment or to oppose the treatment of your data.
5. The right to obtain a copy of the personal data being processed, without affecting the rights of third parties.

• RIGHT OF RECTIFICATION

The right of rectification is the right that allows the User to demand that errors be corrected or that data that is inaccurate or incomplete be modified to guarantee the accuracy of the information being processed.

• RIGHT TO

All Users validly registered in the Pushd® will have the right to request the email support@pushd.xyz and that for well-founded reasons, requires that the personal information provided by the User to the Pushd® be eliminated from all registration and database that Pushd® may have. This right will be given in a special way when:

1. Your data is no longer necessary for the purpose for which it was collected.
2. Revoke your consent and there is no other legal basis that legitimizes the processing of your data.
3. You object to the processing of your data without prevailing other legitimate reasons to keep them.
4. The data has been illicitly processed.
5. This is established by a legal standard.

• RIGHT TO LIMITATION OF PROCESSING

The right to limitation of processing is the right of the User not to have their personal data applied to the processing operations that would correspond in each case.

• RIGHT TO DATA PORTABILITY

The right to portability means that the User has the right to receive the personal data that concerns him and that he has provided to Pushd®. The copy of your data that is provided to the interested party must be offered in a structured format, commonly used and mechanical reading. Likewise, the right to portability allows the User to request that their personal data be transmitted directly from one person in charge to another without the need for them to be previously transmitted to him or her, if this is technically possible.

• RIGHT OF OPPOSITION AND AUTOMATED INDIVIDUAL DECISIONS

It consists of the right of the Pushd® to oppose the processing of their data, for which Pushd® must stop processing them unless they prove legitimate reasons to continue doing so. This right also includes the User’s right not to be the subject of a decision based solely on the automated processing of his or her data, including profiling, that produces legal effects on him or her or significantly affects him or her in a similar way (this right does not will be applied if the automated decision is necessary for the conclusion or execution of a contract, if it is authorized by a legal norm or if it is based on the explicit consent of the interested party).

• RIGHT TO COMPLAINT

All Users validly registered on the Pushd® will have the right to complain to the emailsupport@pushd.xyz Pushd® respond within 30 (thirty) business days from receipt of your claim.

9. ABOUT HOW INFORMATION IS COLLECTED

Our Privacy Policy explains how we process the data we collect from you through our application or our websites. For more information on privacy policies, go to the following link: www.pushd.xyz/privacy-policy.

Pushd® only collects information voluntarily provided by the User, in the following stages:

1. Login with Facebook: At this time the application collects the User’s name, age and email.

1. Name: Only for the internal use of the application.
2. Age: To confirm restrictions related to the User’s age.
3. Email: For internal use in the application and as a means of contact with the User.

2. User’s Personal Information Section: The User can voluntarily submit the following information points. The sole purpose of this information is to segment Users anonymously.

1. Month and year of birth.
2. Gender (male, female, or prefer not to answer).
3. Profession (employed, unemployed, student).
4. Salary range.

3. Personal Interests Section: The sole purpose of this information is to segment Users anonymously. The User can select his personal interests from a long list provided by the application.
4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights and other rights of the Pushd®, as well as any content made by or on behalf of Pushd®, belong to Inversiones DZM SpA and remain so at all times.

Inversiones DZM SpA exclusively owns all rights to the Services and Content it produces, including all associated intellectual and industrial property rights. You acknowledge that these are protected by copyright, trademarks and other Chilean or foreign laws and that you will not remove, alter or hide any copyright or other rights or trademarks. In no case may you claim any ownership rights over them.

The User may not sell, lease, assign, transfer, copy all or part of the software or services.

You agree that you may not copy, decompile, reverse engineer, disassemble, attempt to obtain the source code, decrypt, modify, or create derivative works of Pushd®, including, but not limited to, the Application and the Websites or part of them.

All information provided by Pushd® to the platform and within the Pushd® is treated as follows:

1. Pushd® does not own the content provided by usersis granted Pushd® an unlimited, unrestricted license , imprescriptible, international, sublicensable, transferable, royalty-free, to use or market it, on its platform and other means of communication that it deems appropriate.
2. Pushd® do not own the content you post on or through the Service. When you share, post or upload content that is protected by intellectual property rights (such as photos or videos) on or in connection with our Service, you hereby grant a worldwide, sublicensable, transferable, royalty-free and non-exclusive license to host, use, distribute, modify, administer, copy, publicly display or display, and translate your content, as well as to create derivative works from it. 
3. The above with special care to the privacy and application settings.
4. Pushd® states that you can delete the content or your account at any time to terminate this license. However, the content will still appear if you shared it with others and they did not delete it.  
5. Delete account: When you delete your account, Pushd® deletes the content you’ve posted, like your photos and status updates, and you won’t be able to retrieve that information later.

11. PROHIBITIONS PROHIBITED

• MESSAGES OR CONTENT

When you submit Content for publication by the Service, you must ensure that it is legal. For example, you may not submit Content that:

1. a) Undermines or infringes the intellectual or industrial property rights of others, including, but not limited to, copyrights and trademarks; 
2. b) Represents a risk to the person, their safety, or health; 
3. c) Identifies other people without obtaining the express written consent of said person for the disclosure of their personal data or data belonging to minors, or that identifies or allows identification of minors or their personal information, including their full name, age, address or contact information;
4. d) Is illegal, defamatory or invades the privacy of others; 
5. e) Is constitutive of harassment, or of an offensive, threatening or vulgar nature; 
6. f) Is characterized by, or promotes racism or discriminates arbitrarily for reasons of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political opinion, socioeconomic class or any other Similary;
7. g) Encourages criminal conduct or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other legal action;
8. h) Promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
9. i) Falsely states or implies that such content is sponsored or endorsed by Pushd®.
10. j) To misrepresent your personal data, pretending to be someone you are not, or assuming the identity of another person.
11. k) In a way that could damage, disable, overburden, impair or compromise our systems or their security, or interfere with other users
12. l) To monitor or copy any information through an automatic or manual means, or to perform a Direct link to any part of any of the Services without the permission of Pushd®.
13. m) To copy, translate, adapt, decompile any software used or owned by Pushd®.
14. n) To incorporate, without authorization, part or all of the content of one of the Pushd® within any other site 
15. o) To violate the restrictions on access to the services
16. p) To carry out any action that seeks to overload or destabilize our infrastructure.

The above examples of Illegal Content are for illustrative purposes only and do not constitute an exhaustive list of Restricted Content.

The intellectual property, information and all digital content used in the application infrastructure are the sole and exclusive domain of Pushd®. Therefore, you agree not to modify, distribute, copy, transmit, display, reproduce, publish, transfer, sell or resell any information, system, product or service obtained from Pushd®.

• YOU ARE SOLELY RESPONSIBLE FOR

1. All content stored on or retrieved from your device or the Pushd®.
2. Keep the Pushd® information, including any contact information, current, accurate, complete and secure.
3. Assuming the risk if an unauthorized person gains access to your account through your device.
4. Keep secret all passwords, account information and access codes that allow you to enter and activate the Pushd® and its websites. Pushd® encourages you to use “complex” passwords (having a combination of upper and lower case letters, numbers) on your account.
5. Immediately notify Pushd® of any breach of security or unauthorized use of your account. Pushd® is not responsible for any loss caused by unauthorized use of your account.
6. Of the contents and data generated by the user:

1. For the purposes of these Terms and Conditions, the following is understood: (i) Content: all information or material that is generated or delivered in any format (images, audio, text, video, etc.) through the Pushd® and its websites, and (ii) User Content: any content that users submit for the provision of Pushd®.

Any act carried out by the User of Pushd® that is in contravention of this title “of the prohibitions” will be subject to the following sanctions that Pushd® may apply:

1. Limitation of the functionalities of use of the Pushd®.
2. Temporary suspension of the Pushd®.
3. Definitive suspension of the Pushd®.
4. Pushd® may notify the authorities in accordance with legal requirements and as it deems appropriate.

12. TERMINATION

You can stop using the services provided by the Pushd® at any time you deem convenient by suspending your account or deleting it and also uninstalling the application from your mobile device. On the other hand, Pushd® reserves the right to disable access to your account at any time, without necessarily giving prior notice.

There are different options to do this:

1. Remove the delivered permissions at any time, without the need to uninstall the app (the app will suspend ad delivery until they are delivered again). This option allows the User to make use of their existing savings, and re-enroll at any time.
2. Uninstall the application (which also implies the withdrawal of permissions) at any time, without the need to delete the profile. This option assumes that the application will no longer be on the User’s device, so they will not receive ads, and the application will not have access to their location. The application will maintain the User’s information and the User may install it and resume it at any time. Your existing savings are also protected.
3. Request deletion of your profile and all of your personal information at any time. By doing this, the User forfeits any amount of savings at that time in his account, and all information or reference of the user and his device will be deleted.

The validly registered User will also have the Right to Forget their personal information when they request it directly and for well-founded reasons through the official channels and means of communication that Pushd®.

13. OTHER GENERAL CONDITIONS

• COMMUNICATIONS

All Pushd® will be made by the email you provided when creating your account, the website support@pushd.xyzmobile application Pushd®. Please note that messages sent to you by email will be deemed received on the date they were sent. Be sure to check your SPAM or “junk” folder. The legal representatives who should have authorized the entry of Users over 14 years of age and under 18 years of age will also be notified of this communication.

• UPDATES TO THE TERMS AND CONDITIONS

Pushd® reserves the right to change and/or update the Terms and Conditions at any time, giving timely notice to the User of the new version through a notice in the mobile application or their email, or websites . Be attentive, as it will be your responsibility to review them periodically and accept the modifications to keep the application active.

Pushd® reserves the right to modify, update, pause or eliminate all or part of the services, at any time and without prior notice.

• APPLICABLE LAW

Before any kind of legal conflict that may arise due to the use of the Pushd® Terms and Conditions Pushd®. The subscribing members of the agreement submit to the jurisdiction of the ordinary courts of justice of the commune of Santiago de Chile, and establish their domicile in the city and commune of Santiago de Chile.

These Terms and Conditions are in accordance with the international standards of the European Union on data handling, known as the General Data Protection Regulation (GDPR), and will also be governed by the laws of the Republic of Chile.

If a court having jurisdiction over these Terms and Conditions determines that any provision of these Terms and Conditions is not legitimate, it will not render the other provisions invalid.

These Terms and Conditions regarding the effects of the use, protection and storage of personal data and sensitive information of Users are strictly in accordance with the international standards required by the General Data Protection Regulation (GDPR) as well as current Chilean regulations. Pushd® is the one who uses, controls, protects and safeguards the information obtained from the data delivered by the users of Pushd® as well as the data obtained by the use of the application.

• HOW TO ACCESS, UPDATE, MODIFY OR DELETE THE INFORMATION ON THE PLATFORM

All Users have the right to access the personal data that they have personally delivered. In the case of people over 14 years of age and under 18 years of age, their legal representative (who authorized entry to the Pushd®) will also have access to personal data.

If an individual is unable to update their information, we may correct any data errors in our possession only after receiving written notice from you of those errors to support@pushd.xyz.

It is the User’s responsibility to provide us with accurate and reliable information.

• PLATFORM UPDATES

It is at the sole discretion of Pushd® the implementation and development of new updates to the Pushd®, including improvements, bug fixes, and/or the addition of new features (called in the related documentation, “updates” ) or other fixes that the Pushd® deems appropriate for the platform. Updates may also modify or completely remove some features and functionality. Based on your settings, when your device is connected to the internet:

1. The Pushd® will download and install all available updates automatically, or
2. You may receive or be prompted to download and install available updates. Depending on the nature of the update, it may not be possible to continue using the Pushd® until you have downloaded the latest available application update.

Under the Consumer Protection regulations of the Republic of Chile, the silence of the User will not constitute a manifestation of will or acceptance of any change that the updates may mean. By virtue of the foregoing, the User must refrain from using the Pushd® if they do not agree that they have not read the corresponding updates.

14. INDEMNIFICATION AND LIMITS OF LIABILITY

• INDEMNIFICATION:

You must indemnify, defend and hold harmless Pushd® together with Inversiones DZM SpA, its employees, directors and its affiliates against any damage, including attorneys’ fees, or claims derived from:

1. Misuse of the application of Pushd® websites Pushd®.
2. Violation of the Terms and Conditions.
3. Violation of any applicable law or regulation.

Pushd® reserves the right, at its expense, to assume exclusive defense and control of any matter for which it is required to indemnify us, and you agree to cooperate with us in those claims.

• LIMITATION OF LIABILITY:

You acknowledge that the Pushd® and its websites are intended to be an intermediary between advertising and marketing providers with people who wish to receive information on their personal devices, in exchange for a consideration equivalent to money, which will be at the expense of the Advertiser or Partner, to be used in a Pushd® intended for these purposes, therefore, it is your responsibility to ensure that the functions of Pushd® meet your requirements before using it. To the fullest extent permitted by applicable law, we have no liability, whether in contract, tort (including negligence), or otherwise for any loss, damage, or other risk due to unavailability, malfunction, or other access problems of the Application. of Pushd® and its websites or any incomplete or inaccurate content on them.

Pushd® is not responsible for the veracity of the data, information and content provided by the Parties at the time of registering on the platform or any other information that may be required during the duration of the link between Pushd® and the Parties.

Pushd® does not guarantee the Parties that the platform is free of errors or technological failures or that access to the use of the platform will be continuous or uninterrupted.

Pushd® is exempt from any obligation and free from any liability to the Parties, in the following cases:

1. Improper use or for purposes other than those established in these Terms and Conditions.
2. Interruption of the service due to external reasons such as fortuitous event, force majeure or acts of authority that make the correct application of the platform impossible, power outages, electronic problems, problems with telephone companies, lack of signal from the device, any other similar that prevents the provision of the service in a normal environment free of any extraordinary activity or event.
3. Use of the application with programs that have not been declared compatible by Pushd®.
4. Pushd® is not responsible for internet connection problems or mobile phone network that may affect the Parties of Pushd® nor is it responsible for the non-provision or poor provision of functionalities or tools of the platform of those Parties that have presented internet connection or telephone network problems.
5. The User is responsible for complying with the conditions of use of the services and applications available to him, such as mail, mobile connection, Internet access services. Pushd® will have no responsibility of any kind for services other than this application that are accessed on behalf of the user through their terminal.

To the extent permitted by law, you release Pushd® mobile application Pushd®.

In no case and under no circumstances will Pushd®, nor its associates be responsible for loss of utilities or data, or damage of any kind.

• THIRD PARTY MATERIAL

The Pushd® and its websites may display, include or allow third party content (including data, information, applications and other products, services and/or materials) or provide links to third party sites or services, including advertising of third parties (hereinafter, “third party material”). You acknowledge and agree that Pushd® is not responsible in any way for any Third Party Materials, including their accuracy, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Third party material and links to it are provided solely as a convenience to you and you agree to use them at your own risk and subject to the third party’s Terms and Conditions. The fact that we link to or display third party material does not imply that we endorse the site or the products or services on them, or that we have reviewed, approved or verified them.

The Services and the Application may contain links to third party websites or resources. Pushd® is not responsible for what these sites or resources provide. You assume all risk arising from the use of and information from any third party websites or resources.

• OTHER

If we do not insist that you comply with any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, it will not mean that we have waived our rights against you and it will not mean that You do not have to meet those obligations. 

If we waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any subsequent breach by you. We will not be liable for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by any act or event beyond our control. 

Pushd® may amend or modify these Terms and Conditions at any time by sending you a notice of change (a “Notice”) by email to the email address you provide, or by making that Notice available in the Pushd® and on their websites. Any Notice, once transmitted, will modify these Terms and Conditions. If you (i) object to any modified terms, (ii) do not agree to the modified Terms and Conditions, or (iii) are dissatisfied with the Pushd®, your only recourse is to immediately discontinue use of the Platform. 

You may not amend or modify these Terms and Conditions. You may not assign or sublicense theseTerms and Conditions. Pushd® may assign all or part of this agreement. Your questions, complaints and claims should be directed to Pushd® at www.pushd.xyz or email support@pushd.xyz. Each of the provisions of these Terms and Conditions operate separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining conditions will remain in full force and effect. 

These Terms and Conditions will be governed by and construed in accordance with Chilean law. You and we agree that the Chilean courts will have exclusive jurisdiction to resolve any dispute under or in connection with these Terms and Conditions.

15. CONTACT US

For any matter concerning the Pushd® or its websites, including feedback, questions, complaints or claims, please contact us by email at support@pushd.xyz. Pushd® welcomes any feedback you’d like to give to the Pushd® or its websites.