terms-of-use

Terms and Conditions of Use (T&C)

Publication date April 17, 2024

1. About the Polinize platform

The POLINIZE platform is a space where its users can create advertisements to promote their products/services in different locations, providing means of contact and social media links so that other users of the platform can contact the creator of the advertisement and/or access more information about your products/services.

2. Definitions

User announcements: Set of information relevant to the dissemination of a certain product/service on the platform. An ad will always be associated with a subscribing user.

Subscription: Means by which a registered User can publish advertisements on the POLINIZE platform.

Payment method: Means by which the POLINIZE platform advertising services are charged (e.g. Google Pay digital wallet or credit card)

POLINIZE Platform : The software itself.

POLINIZE: Legally responsible for the POLINIZE platform.

Advertising services on the POLINIZE platform: Paid service, available for publishing advertisements on the POLINIZE platform.

Advertiser users: Registered users who have advertisements on the platform.

Unregistered users: Any user who uses the POLINIZE platform. To access the platform it is not necessary to create an account.

Registered users: These are users who have an account on the POLINIZE platform.

3. How the platform works

The POLINIZE platform allows users, whether registered or not, to access user advertisements on the platform. User advertisements will contain information about the product/service advertised, as well as contact details and social media links so that other users of the platform (registered or not) can contact the creator of the advertisement and/or access information about your products/services.

POLINIZE’s responsibility is limited to making advertisements available to registered users who wish to advertise on the platform. The platform only aims to facilitate contact between advertising users and users, whether registered or not, of the platform. UNDER NO CIRCUMSTANCES WILL THE PLATFORM IN QUESTION ACT IN DIRECT COMMUNICATION AND TRANSACTION BETWEEN USERS. YOUR ROLE WILL BE STRICTLY LIMITED TO PROVIDING MEANS OF CONTACT TO FACILITATE INTERACTION BETWEEN USERS INDEPENDENTLY, ALLOWING THEM TO ESTABLISH AND CONDUCT THEIR OWN COMMUNICATIONS AND TRANSACTIONS.

Responsibility for creating advertisements and their content, regarding the products and/or services offered, will always and exclusively lie with the advertising users. POLINIZE is not responsible for verifying the veracity of the information contained in user advertisements. Any information entered will be the responsibility of the advertising user. POLINIZE does not provide consultancy services nor does it own the products and services offered in the advertisements. In this context, we do not own any product and/or service and, additionally, we do not exercise any intervention in the definition of the information published in user advertisements. Negotiations occur directly between users, without the use of intermediation tools, and are the sole responsibility of the advertising user and the interested user.

In order for a registered user to promote their product and/or service, they must create an advertisement on the platform. For an ad to be created, you will need to subscribe to the POLINIZE platform’s advertising services. Subscription will be made through payments made via digital wallets (e.g. Google Pay) or credit card. THE POLINIZE PLATFORM MAY, AT ITS DISCRETION, PROVIDE A FREE TRIAL PERIOD AND CANCEL THIS BENEFIT AT ANY TIME.

The POLINIZE platform provides filters that aim to bring together advertisers and interested users who are located in the same region, aiming to facilitate communication between both parties.

on the POLINIZE platform, you agree to receive communications from it via email and/or SMS and/or app. You can choose to stop receiving communications from us, but the POLINIZE platform may cancel your Ads when this communication is essential for the contracted functionalities. Notices sent to you via email, SMS, and/or in-app message will be deemed given and received on the date of transmission.

If you have any questions, you can access our Customer Service Center (polinize.blackbee.contact@gmail.com).

4. Applicability of Terms and Conditions of Use (T&C)

It is up to the user to check the most recent conditions when using the POLINIZE platform.

5. User Duties and Obligations

The platform user must not insert, transmit, disseminate or make available to third parties through the POLINIZE platform website any type of material or information that is contrary to current legislation, morals, public order, this T&C and our Privacy Policy.

The publication of false content, with more than one meaning, or that may lead to errors for those receiving your information will not be permitted; Renting or any type of transfer of your account to third parties is also not permitted.

Registered users will be able to report ads. Reports will serve as a basis for the platform to restrict/cancel the publication of advertisements that do not respect our Terms and Conditions of Use.

6. Your Account

Only one registered account will be allowed to be created per email. The creation of accounts and use of our platform is restricted to people over 18 years of age. Changing your email is not permitted.

6.1. Creating an account

When creating an account on the platform, you agree that all information provided is true, and you always assume responsibility for keeping it updated. In order for us to protect your account, your password must be kept confidential and cannot be shared with anyone. All activities carried out here will always be your responsibility. The way your personal data is treated on the platform is defined in our Privacy Policy .

6.2. Contact methods

Your account information is not public. This information will allow the POLINIZE platform to send announcements about promotions, packages, news or other information about it . All emails sent to your email address and/or messages (SMS) sent to your registered phone number will be considered delivered to you. You have every right to choose to stop receiving such emails and messages, but if cancellation makes it impossible to provide services, POLINIZE reserves the right to cancel your account.

6.3. Account suspension and deletion

In case of non-compliance with the rules established in the Terms and Conditions of use, the platform reserves the right to delete or suspend your account, as well as the advertisements linked to it. Below are listed some criteria that may justify the deletion/suspension of your account, but are not limited to them:

falsehood or discrepancy in account information;
bad use; infringement of the rules for using the platform;
violation of legislation, morality, public order, these T&C;
use of the platform for illicit activities;
carrying out activities that, at the platform’s discretion, do not comply with its policies.

Users registered on the POLINIZE platform may delete their account at any time. Deleting your account will result in canceling your subscription and deleting your related advertisements.

6.4. Personal and non-transferable account

You may not share, transfer, sell or rent your account to third parties. You are solely responsible for the use of your account and the advertisements placed on it.

7. Your Subscription

Only registered users will be able to create ads on the POLINIZE platform. For an ad to be created, you will need to subscribe to the POLINIZE platform’s advertising services. Subscription will be made through payments made via digital wallets (e.g. Google Pay) or credit card. THE POLINIZE PLATFORM MAY, AT ITS DISCRETION, PROVIDE A FREE TRIAL PERIOD AND CANCEL THIS BENEFIT AT ANY TIME.

7.1 Billing and cancellation

7.1.1. Billing Cycle

The subscription price for the POLINIZE platform’s advertising services and all other charges incurred by you in relation to the use of these services, such as taxes and possible transaction fees, will be charged, according to the Payment Method chosen, on the date of specific payment. Subscription billing will occur through monthly cycles, called billing cycles. As a subscriber, you are automatically charged once a month on the day you start your subscription (or the day your free trial period ends, if applicable). The subscription is charged at the beginning of each billing cycle and may not appear on your card statement until a few days after the billing date. In some cases, your subscription payment date may change, for example, if your paid subscription starts on a day that does not exist in a given month. The date of your next payment is displayed on the platform’s Subscription page/tab. If you are enjoying a free trial period, you will only be charged at the end of that period. In order for the charge to be carried out, you must add a valid payment method (for example, Google Pay digital wallet or credit card) before the end of the free trial period.

7.1.2. Payment methods

To use the advertising services of the POLINIZE platform, you need to provide a payment method. You authorize us to charge the payment method associated with your account. You can add your digital wallet (for example, Google Pay) or your credit card (in the case of the web platform) as a payment method. The chosen payment method is displayed on the Subscription page/tab of our platform. You remain responsible for all unpaid amounts. If a payment is not made successfully, due to expiration date, insufficient balance or any other reason, and you do not cancel your subscription, we may suspend your access to the service until we are able to charge a valid payment method. For some payment methods, financial institutions and/or payment method service providers may charge certain fees, such as fees on international financial transactions or other fees related to the payment method. Local tax charges may vary depending on the payment method used. Check with your payment method’s service provider for more details.

7.1.3. Update of Payment Methods

You can update your payment methods by accessing the Subscription page/tab. We may also update your payment methods with information provided by payment method service providers. After any update, you authorize us to continue charging the respective payment method (if you are enjoying a free trial period, the charge will only be made at the end of the trial period).

7.1.4. Late payment or non-payment

If you do not pay for advertising services on the POLINIZE platform, the platform will send you an alert notification (email and/or SMS and/or in-app message). And if, after notification, you do not make payment within the period stipulated in the notification, we may exclude or suspend the contracted functionality on the platform.

7.1.5. Cancellation

You can cancel your subscription to the POLINIZE platform at any time and you will continue to have access to advertising services on the POLINIZE platform until the end of the current billing cycle. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAYMENTS ARE NON-REFUNDABLE AND POLINIZE DOES NOT OFFER REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED SUBSCRIPTION PERIODS. To cancel your subscription, go to the Subscriptions page/tab and follow the cancellation instructions. If you cancel your subscription, your ad will remain available until the end of the billing cycle. To delete your ad, you must access the My Ads page/tab. Canceling your subscription does NOT imply deletion of your account. To delete your account, you must access the My Account page/tab and click on Delete Account. DELETING YOUR ACCOUNT WILL IMPLY IN THE DELETION OF YOUR PUBLISHED ADS AS WELL AS THE CANCELLATION OF YOUR SUBSCRIPTION. However, you can reactivate your account until the end of the billing cycle (as long as you are not using a free trial period), and you can then create a new ad that will be available until the end of the billing cycle. If you have deleted your account and reactivated it, you must reactivate your subscription to continue enjoying the advertising services of the POLINIZE platform after the end of the billing period.

7.1.5. Subscription price changes

From time to time, we may change the subscription price for our advertising services. Subscription prices may be revised periodically to better adapt to the continuous improvement of our services. We may also adjust the price of your subscription annually, or more frequently, as permitted by applicable law. Whenever subscription values are updated, the POLINIZE platform will notify you (either by email and/or SMS and/or app). Any price changes will be notified to you 30 days in advance.

7.1.6. Subscription Cycle

The subscription on the Polinize platform (trial or paid) includes the so-called advertising services. These services allow the creation of ads with the sharing of contact methods: Mobile Number, WhatsApp, Instagram, Facebook, Twitter, Telegram, YouTube, and Address Location. There are a few remarks to be made:

1. When you subscribe for the first time on the Polinize platform, we may, at our discretion, offer you a free trial period (usually 30 days). If applicable, this will be indicated on the Subscription screen in our app as being available to you. We will ask for your card number, however, you will only be charged when the trial period ends (if you do not cancel your subscription before that period expires).

2. If you are enjoying a free trial period and you cancel your subscription before the end of that period, you will not be charged, and you will still be able to enjoy the advertising services until the trial period ends.

3. If you do not cancel your subscription before the free trial period ends, the first subscription charge will occur, and your free trial subscription will convert to a paid subscription.

4. If you are enjoying a normal subscription period (paid subscription with recurring monthly charges) and you cancel your subscription, you will be able to enjoy the paid services until the end of the billing cycle (the time when the next billing would occur).

5. If you have an active subscription and a payment is not successfully made due to reasons such as card expiration date, insufficient balance, or any other reason, we may suspend your access to the advertising service until we are able to charge a valid payment method.

8. About ads

8.1 Responsibility

You are solely responsible for the advertisement, the information contained therein, the characteristics and conditions of the advertised product and/or service.

8.2. Posting an ad

To publish an ad, you must fill in information about your product and/or service. Only advertisements for products and/or services permitted by this T&C and the rules applicable thereto and by current law may be advertised on the POLINIZE platform. Furthermore, THE DISCLOSURE AND/OR SALE OF PRODUCTS AND/OR SERVICES ALLOWED BY LAW WILL ONLY BE ALLOWED, considering the current legislation of the location where the product was advertised.

Although current legislation in some locations allows the dissemination and/or marketing of certain products and/or services, the POLINIZE platform DOES NOT ALLOW advertisements that contain or endorse:

Bladed, close-range and firearm weapons (including replicas), ammunition and explosive material;
Narcotics, hallucinogens, and prohibited/controlled substances or drugs;
Flora, fauna and derivatives that are not industrialized;
Pesticides, pesticides, rodenticides or any type of controlled chemical product;
Dangerous chemical substances (for example dangerous acids, poisons of any nature, chlorine, ammonia, mercury, etc.); Dangerous cosmetic or chemical preparations, including progressive brushing;
Fireworks;
Cerol or Chilean Line
Email lists, personal databases and third-party information;
Products removed from the market because they do not comply with appropriate sanitation standards;
Violence, discrimination, harassment and bullying;
Programs or services for hacking electronic devices;
Lottery or games of chance;
Advertisements with a purpose other than selling a product or service;
Products that depend on approval/approval from government bodies;
Insurance;
Travel packages, tickets, excursions, airline miles, discount coupons and similar items;
Job search and offers for minors under 18 years of age;
Degradation, harassment, hatred, discrimination or intimidation of individuals or groups of any kind and/or nature;
Products without homologation, approval and registration from government bodies or regulatory agencies;
Violations of copyright laws, patents, trademarks, utility models, industrial designs, geographical indications and designations of origin;
Human parts, such as organs, bodily fluids and blood;
Services of a sexual nature (prostitution, escort, sugar baby/daddy/mommy and/or similar) or pornographic (digital or printed content);

Disallowed advertisements include, but are not limited to, those listed above. Any ads that do not comply with the platform’s rules may be deleted. Publishing unauthorized advertisements on the platform may lead to account blocking.

8.3. From Immediate publication

You acknowledge that the subscription to the POLINIZE platform’s advertising services is for immediate use and, therefore, once its use has started, it cannot be subject to a refund, except in cases of technical problems arising from the POLINIZE platform.

9. About platform availability

We do not guarantee the availability, access and continuity of the platform or its functionalities, current or future, and are not responsible for any damage or loss caused to you in the event of unavailability. We are always working to improve the platform’s tools and functionalities, which may therefore be changed, suspended and discontinued without prior notice. If we are going to discontinue or change any paid functionality, you will be notified at least 5 days in advance, remembering that the availability of ads has a specific expiration date.

10. Your relationship with third parties

The responsibility of third parties that offer content and services on the platform, providing search tools that allow users to access external websites, services and content on third-party websites accessed through links on the POLINIZE platform, will be exclusive to these third parties. You will be responsible for relations with these third parties. POLINIZE will be exempt from any liability.

11. Right of return

POLINIZE’s right of recourse is expressly recognized – as a result of non-compliance with the platform’s rules – against users who cause damage to third parties. The user must reimburse POLINIZE the total amount spent as a result of liability in administrative and/or judicial proceedings, including compensation (in agreements or convictions), court costs, fines, contractual legal fees and succumbence fees; the values being monetarily adjusted by the official indices of the courts in the national territory.

12 . About intellectual property

12 .1. Third Party Intellectual Property

POLINIZE is not responsible for infringements of intellectual property rights, image rights or the honor of third parties due to content posted by users who advertise on our platform. However, we can and will remove any advertisement that violates rights of this nature. If you identify any violation of intellectual property rights on our platform, report it to our customer service center (polinize.blackbee.contact@gmail.com).

THE DISCOVERY OF ANY ACTION THAT VIOLATES THIS T&C OR APPLICABLE LEGISLATION, INCLUDING, BUT NOT LIMITED TO, THE INDUSTRIAL PROPERTY LAW (LPI), WILL BE POSSIBLE TO APPLY THE RELEVANT LEGAL MEASURES, WHICH MAY CAUSE COMPENSATION FOR ANY DAMAGES CAUSED TO US AND CRIMINAL LIABILITY .

12.2. Intellectual Property of the POLINIZE platform

The natural person responsible for the creation and administration of the POLINIZE platform is the owner of all intellectual property rights over its websites, all its content, services, brands, commercial names, logos, designs, images, advertising phrases, copyrights, domains, programs of computing, codes, developments, software, databases, information, technology, patents and utility models, industrial designs and models, commercial secrets, among others (hereinafter referred to as “Intellectual Property”), which are protected by national laws and international. Although the platform grants permission to use its services as provided in the Terms and Conditions, this does not imply authorization to use its Intellectual Property, except with our prior and express consent. In any case, users who use these services cannot use the Intellectual Property of the POLINIZE platform in a way that causes confusion among the public, and must carry out their commercial activity under their own and distinctive brand or commercial name, which is not confusing with the POLINIZE brand. It is prohibited to use our services for illegal purposes, carry out any type of reverse engineering or derivative works, use search tools or extract data and content from our platform for reuse and/or create your own databases that include, in whole or in part , our content without our express authorization. Improper use, without authorization and/or contrary to current regulations and/or that creates confusion or involves defamatory use and/or that causes injury, damage or loss to POLINIZE, is also prohibited. The use of the advertising services on the POLINIZE platform also does not imply authorization to use the intellectual property of third parties that may be involved, the use of which will be the sole responsibility of the user. If a user or any advertisement infringes the Intellectual Property of POLINIZE or third parties, POLINIZE may remove this advertisement in whole or in part, sanction the user as provided for in these Terms and Conditions and take corresponding extrajudicial and/or judicial actions.

13. Validity of Terms and Conditions

Our Terms and Conditions of Use may undergo periodic changes, whether for legal or strategic reasons. The current version will always be the most recent. Whenever these Terms and Conditions of Use are updated, the POLINIZE platform will notify you (either by email and/or SMS and/or app). The publication date is visible at the beginning of this document. If you fully agree with the Terms and Conditions of Use, you can continue using the POLINIZE platform. In case of refusal, you must not use our platform. If You continue using the POLINIZE Platform after the update, it is understood that You fully agree with the new Terms for all legal purposes.