Terms and Conditions

These terms and conditions regulate the contractual relationship between users (hereinafter "Users"), with TITANPush S.A.S. (hereinafter “TITANPush”) CUIT 30-71601141-7 with legal address at Pereyra Lucena 2526 6 “A” Buenos Aires, Argentina (together with the Users, the “Parties”) .Users will be subject to the respective General Terms and Conditions, along with all other policies and principles that TITANPush rules and that are incorporated herein by reference.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE.

The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies. If the User does not agree with these Terms and Conditions, they must refrain from using the Services.

TITANPush provides a web platform (hereinafter the "Site") which can be used as a communication tool through which Users have different functionalities, among which those that allow the sending of web push notifications, create pop ups, banners, chats, link pages, show the history of products most viewed by visitors on their website (hereinafter, the "Visitors"), the possibility of showing the list of most visited products, displaying messages of interest to those Visitors , including the possibility of recommending products, the possibility of managing product promotions according to the type of promotion established by the User, among other functionalities. Likewise, and as a consequence of this, Users may also be informed regarding the behavior of Visitors according to the parameters that they intend to establish and/or analyze based on their own services (hereinafter collectively known as the “Services”).

TITANPush may modify these Terms and Conditions at any time, notifying Users in advance. The notification may be made in the way that TITANPush deems most convenient, such as publishing the new version on the Website and/or sending an email to the Users.

2. Scope of Services

2.1. TITANPush will provide Users with access to the Site to create and manage messages and/or advertising campaigns directly through, for example, push notifications, pop ups, banners, chats, linkpage, history of products visited, list of most popular products, promotions , and various means of communication and as a consequence thereof may, in accordance with the User's choices, carry out the analysis regarding the behavior of visitors to the User's site for the purposes indicated by the User.

2.2. The following websites may not use the Services: (i) websites for illicit and/or lawful purposes contrary to morality and good customs, in violation of the provisions of these Terms and Conditions; (ii) websites with pornographic, sexually explicit, violent content, intended for spam, viruses or codes of a destructive nature, among others; (iii) websites that violate the laws of their jurisdiction, including copyright and trademark laws. If TITANPush detects that the User or the User's services have any of these purposes, TITANPush has the right to delete the User's Account, as defined below, without the need for notification and without generating the right to any claim by the User.

3. Registration

3.1. To access the contents of the Site, the User's registration will not be necessary. Notwithstanding this, to access the Services provided by TITANPush, the User may choose to (i) link their Facebook or Google or LinkedIn account, in which case they must accept the Terms and Conditions and Privacy Policies of those together with the acceptance of these Terms and Conditions; (ii) or they can register in the TITANPush system, entering all the fields of the registration form (hereinafter, the "Registration Form") with valid data and verify that the information made available to TITANPush is accurate, precise and true (hereinafter, the "Personal Data") where you must accept these Terms and Conditions. TITANPush may use various means to identify Users, but TITANPush is not responsible for the accuracy of the Personal Data that its Users make available to it. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data made available to TITANPush.

3.2. Likewise, to use the Services, Users must be over 18 years of age and register at www.titanpush.com. Accounts registered by "bots" or other automated methods are not allowed.

3.3. To register, the User agrees to provide the following information through the Registration Form: (i) name, (ii) a valid email address, (iii) Telephone/WhatsApp (iv) Website for which the User wishes to contract the Service; and any other information requested to complete the registration process (hereinafter, the "Account").

3.4. To acquire the status of TITANPush User, the User must complete the Registration Form or link their Facebook, Google or LinkedIn account, accept the Privacy Policy, and these Terms and Conditions.

3.5. The Account is personal, unique, and non-transferable, and it is forbidden for the same User to register or have more than one Account. If TITANPush detects different Accounts that contain matching or related data, it may cancel, suspend or disable all Accounts that contain such matching and related data.

3.6. TITANPush reserves the right to request some proof and/or additional data to corroborate the Personal Data, and to temporarily and/or permanently suspend the Services to that User whose data could not be confirmed. TITANPush is not responsible for the accuracy of the data entered in the Registration Form. The Personal Data that the User provides will be integrated into a personal database for which TITANPush is responsible. For more information consult the Privacy policy.

3.7. The User will be responsible for all the operations carried out in their Account, since access to it is restricted by entering their security code, which must be exclusively known to the User. The User agrees to notify TITANPush immediately and by suitable and reliable means, of any unauthorized use of their Account, as well as any entry by unauthorized third parties. It is clarified that the sale, ceding or transfer of the Account is prohibited. The User will be responsible for maintaining confidentiality and any security measures available to them in relation to the Account data. TITANPush will not be responsible for the adulteration of the User's Account when it is the exclusive fault of the User.

4. Trial period

4.1. Users will have the possibility to use the Service for free for a certain period until they exceed 14 days and 5 unique users.

4.2. Once 14 days and 5 unique users have been reached, all the functionality of the Site will be charged for except for the Linkpage and Chat, so the User must register to continue using the functionality offered through the Service. Plans can be checked here:

• i. Internacional: https://www.titanpush.com/es/planes
• ii. Argentina: https://www.titanpush.com.ar/es/planes
• iii. Brazil: https://www.titanpush.com.br/pt/precos
• iv. Mexico: https://www.titanpush.com.mx/es/planes

After the trial period has expired, and the User does not proceed to select any payment plan within a period of (5) days, TITANPush has the power to permanently deactivate or delete the User's Account.

4.3. The User agrees to comply with all the obligations established in these Terms and Conditions during the trial period. There is no difference between the User who uses the functionalities available during the trial period and the User who makes the corresponding payment for the Services.

4.4. By virtue of what is established in section 4.3, the obligations and responsibilities and limitations established in these Terms and Conditions are fully applicable to the User who is using the Services and functionalities offered by TITANPush. Consequently, the User knows and accepts that when using the Services and functionalities offered by TITANPush, they do so at their own risk, being completely responsible for errors derived from misuse or errors in the use of the services or functionalities. Likewise, the User knows and accepts that TITANPush will not be responsible for any damage caused by the use of the Services provided by those third parties that offer the Services through their own platforms, these being responsible in accordance with their own terms and conditions. In no case will TITANPush be responsible for lost profits, or for any other damage and/or loss that the User may have suffered, due to the Services provided.

5. User information

To offer the functionality of segmentation by "browsing behavior" and for advertising purposes, TITANPush saves information about the navigation of site visitors. By accepting the Terms and Conditions, you agree that we save these browsing parameters. The data collected is anonymous and does identify the Visitors unless they are explicitly incorporated by the User. For this reason, we suggest not incorporating any personally identifiable information in custom dimensions. For more information consult the Privacy policy.

6. User obligations and responsibilities

6.1. TITANPush only makes a Site available to Users to provide the Service in accordance with the provisions of these Terms and Conditions. TITANPush is simply limited to offering a tool so that Users can use various functionalities that allow communication as described in these Terms and Conditions, being able to analyze the browsing behavior of Visitors to improve commercial and promotional initiatives by the Users. Likewise, TITANPush may display advertising or promotions, banners of interest, news about Users and/or TITANPush, improve the Services, personalize its contents and presentations, promote, and enforce the Site's security rules.

6.2. The User knows and accepts that when using any of the Services or functionalities offered by TITANPush, they do so at their own risk. Consequently, the User understands that they are completely responsible for any possible damage caused by the use of the Service, especially when said damage was caused by the negligent and reckless act of the User. In no case will TITANPush be responsible for lost profits, or for any other damage and/or loss that the User may have suffered, due to the Services provided.

6.3. The User agrees to use the Services in accordance with the applicable law, these Terms and Conditions, the Privacy Policy, as well as with morality and good customs and public order. Likewise, the User undertakes to be responsible for their use of the Service for all conduct that could cause damage to themselves or third parties and result from an intentional, negligent and/or reckless act by the User.

6.4. The User agrees to provide true, accurate, correct, updated and complete information regarding the use of the Services.

6.5. Likewise, the User is responsible for compliance with all relevant copyright, trademark, trade secret and/or design rights and patent laws that protect the images and information submitted, published, or displayed by the User. In line with the foregoing, the User is responsible for any content incorporated using the Services.

6.6. Users agree to keep their data updated and complete, so that they continue to be true and complete. If the User provides information that is false, incorrect, outdated or incomplete, or TITANPush has a reasonable basis to suspect that said information is false, incorrect, outdated or incomplete, TITANPush has the right to suspend or terminate the Services for said User, as well as to reject any new or future use of the Services by said User.

6.7. Users agree not to use the Services or the materials for illegal purposes or to carry out any illegal activity, including, but not limited to, fraud, embezzlement, money laundering. Furthermore, Users agree not to use the Services or materials if located in a country where such use is prohibited by applicable law.

6.8. TITANPush is not liable under any circumstances, to the User or to the third parties, for the use of the functionality that allows the realization of Promotions. Consequently, the User is solely responsible for the activation or deactivation of the promotions that are activated in their Account. The User will respond directly to third parties for the promotions carried out and must act with due diligence when configuring the promotions, since they are considered binding for those who acquire their products and/or services. The User is fully responsible for controlling the promotion from their administration panel.

6.9 The user is responsible and is aware that the Combined Promotions module by TITANPush is an application that works from the Tiendanube administrator and that they must pay for the service in full if they continue using this module after 14 days of free trial.

6.10 In case an account has a due payment, the company reserves the right to display an 'upgrade onsite' notice on the owner's e-commerce store website. The store owner accepts this action upon creating the account and acknowledges that it is their responsibility to keep payments up to date to avoid the appearance of such notice.

7. Price and method of payment

7.1. Users may opt for different Service plans (hereinafter, the "Plans" or the "Plan"), as established on the TITANPush website. The fees mentioned in the Plans include any taxes, levies or fees imposed by the tax authorities. TITANPush reserves the right to change, modify, add, or delete the amounts mentioned from time to time, at its own discretion and new versions of the Service plans will be notified by posting on the Site and notified by the contact channels that the User enables and declares where appropriate.

7.2. To select a Plan, the User must be registered or register and provide the corresponding payment information, which will be requested in a timely manner.

7.3. TITANPush will bill the contracted Service in advance on a monthly, semi-annual, or annual basis, in all cases being non-refundable if the user wishes to cancel.

7.4. The User must pay the Plan according to the amounts, terms and forms detailed on the Site. The lack of compliance with the payment obligations assumed by the Users will grant TITANPush the power to permanently suspend or cancel the Service without generating any right to claim in favor of the User.

7.5. TITANPush also reserves the right to take the judicial and extrajudicial measures it deems pertinent in cases where debts are registered by the Users.

7.6. In the case of payment by credit card, the holder of the credit card is responsible for the data recorded at the time of the request and/or reservation of the selected Service and is the only one obliged to pay the issuer of same card. Any disavowal must be to the issuing Bank of the credit card in accordance with the provisions of Credit Card Law No. 25,065.

7.7. When Users upgrade a plan during a monthly billing cycle, the new plan will automatically be charged in their next billing cycle.

8. Subscriptions and cancellations of the service

8.1. The contracting of the Services by the Users will be for an indefinite period, the Users may terminate the Services without cause, following the cancellation procedures established on the Site. For TITANPush to delete the data of the canceled Account, the User must contact the email info@titanpush.com

8.2. Your subscription begins as soon as the initial payment is processed. It will be automatically renewed every month and the rate in force at that time for your plan will be charged, until you cancel it directly or formally request cancellation.

8.3. The cancellation of the Service is the exclusive responsibility of the account User, unless the cancellation, suspension or disabling of the Service is derived from a breach of these Terms and Conditions. In the latter case, TITANPush, may terminate the Services to Users, at any time, without any penalty, without obligation of reimbursement and without prior notice.

8.4. The User may cancel the subscription from the operator's account (e.g., PayPal, Mercado Pago, etc.), or it can be requested from a TITANPush advisor through our general email: info@titanpush.com. Likewise, you can enter the TITANPush account and deactivate the functionalities.

8.5. TITANPush may terminate the Services to Users, at any time, without any penalty, without obligation of reimbursement and without prior notice, if it does not comply with any of the points established in these Terms and Conditions, or if TITANPush makes the unilateral decision of not continuing to provide said Service.

8.6. The notice of termination of Services by TITANPush may be sent to the contact email associated with the User's Account.

8.7. In any case of cancellation of the Service, whether due to breach by the User or termination by TITANPush, the User will be solely responsible for removing the script tracking code from their website immediately. In the event of maintaining the code on its website, the User will be responsible for all the costs and eventual damages that this might generate. Likewise, if the script tracking code has not been deleted, TITANPush will retain the right to consider the Account as active, being able to enforce all the obligations of these Terms and Conditions, including the obligation to pay for the Services provided by TITANPush.

8.8. For technical reasons, user subscription lists and device permissions are generated on TITANPush subdomains (e.g.: www.client.notifications-web.com), therefore, they are non-transferable. TITANPush will not be able to deliver these lists to the Users in the event of cancellation of the Service.

8.9. The uninstallation of the TITANPush application does not constitute an automatic cancellation of the associated payment subscription. It must be requested prior to the uninstallation of the application; otherwise, it will be understood that the user continues to accept the terms and conditions of their subscription, and the corresponding charges will continue to apply.

9. Limitation of liability for the Services

9.1. TITANPush makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

9.2. In addition, TITANPush does not guarantee or make any representations regarding the accuracy, probable results, security, or reliability of the use of the Services and functionalities available on the Users' website or on any third-party website where Users have the possibility of using the Services and functionalities of TITANPush or is linked in any way with TITANPush. TITANPush does not guarantee that the Service meets the specific requirements of the User. Although TITANPush uses its best efforts not to interrupt the Service, TITANPush does not guarantee that the Service will be uninterrupted, timely, secure, or free of errors and viruses, and that the results that may be obtained from the User of the Service will be accurate or reliable. On dates with high traffic peaks, the platform may have a slower response than normal. As a client, you accept and understand this situation, waiting for the system to normalize. In all cases, TITANPush will do its best to avoid the event and, if it occurs, will normalize the situation in the shortest possible time.

9.3. In no event shall TITANPush or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profits, business interruption, or computer/technical failure) arising out of the use or inability to use the Services or functionalities. available on the Site or offered by TITANPush through third parties, even if TITANPush or an authorized representative of TITANPush has been notified orally or in writing of the possibility of such damages. In no case, the total responsibility of TITANPush towards the Users with respect to any service, whether direct or indirect, will exceed the price paid by the Users for the provision of the Service contracted by them.

9.4. Users are responsible for all posted content and activity that occurs on their Account and/or accounts linked to the Account.

9.5. TITANPush adopts various protection measures to protect the Site and its contents against computer attacks by third parties. However, TITANPush does not guarantee that unauthorized third parties cannot know the conditions, characteristics, and circumstances in which the User accesses the Site and/or the Services and functionalities of TITANPush available through third parties. Consequently, TITANPush will not be responsible in any case for the damage that may arise from said unauthorized access.

9.6. With the acceptance of these Terms and Conditions, the User declares that they will hold harmless against any claim, TITANPush, its controlled and controlling companies, directors, partners, employees, lawyers and agents, derived from (i) non-compliance by the Users of any provision contained in these Terms and Conditions or of any law or regulation applicable to them, (ii) breach or violation of the rights of third parties including, by way of example, other Users; and (iii) non-compliance with the permitted use of the Site and/or the Services and functionalities of TITANPush available through third parties.

10. Intellectual Property

10.1. The rights of the Site and the Services are reserved and belong to TITANPush.

10.2. The content of the Site and the Services, the "TITANPush" brand, the software and the design in general are the property of TITANPush and are protected by the applicable legislation on copyright and intellectual and industrial property.

10.3. The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Site or offered by third parties authorized by TITANPush (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video), belong to TITANPush.

10.4. Total or partial reproduction is prohibited without the express authorization of TITANPush.

11. Data Protection

11.1. The Personal Data that the User provides in the Registration Form will be integrated into a personal database for which TITANPush is responsible, whose address appears in the heading of this document.

11.2. TITANPush declares that the Personal Data of the Users will be used only for the purposes mentioned in the First Clause.

11.3. Users may exercise their rights to access, rectify, delete and update their Personal Data, as well as to oppose its processing, all in accordance with the provisions of the applicable regulations (Law 25,326 – Personal Data Protection Law).

11.4. TITANPush undertakes to guarantee compliance with the provisions of Law 25,326 and Decree 1558/2001 regarding the Protection of Personal Data of users and/or any third party, as well as to guarantee the rights conferred in the regulations mentioned.

12. Assignment

12.1. The User may not assign the rights and obligations arising from these Terms and Conditions without the prior written consent of TITANPush. TITANPush may assign, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business for any titles.

13. Applicable Law and Jurisdiction

Any claim related to the TITANPush website will be governed by the laws of the Argentine Republic. These Terms and Conditions, as well as the relationship between TITANPush and the User, will be governed and interpreted in accordance with the legislation in force in the Argentine Republic.

14. Contact us

If you have any questions about these Terms and Conditions of Use, please contact us at info@titanpush.com