Terms of use.
Effective Date: December 25, 2024
These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Coqui’s application (the “App”) and website- www.juntospodemos.life (the “Site”, and together with the App is hereafter referred to as the “Service”). These Terms constitute a fully binding agreement between you and AMZN1 LLC, doing business as Coqui, including all affiliates and subsidiaries, the proprietor of all rights in and to the Service and you. It is therefore recommended that you carefully read these Terms.
The Service is provided by AMZN1 LLC, a company incorporated and operating under the laws of New York, and located in Westchester County, New York and hereafter referred to as “Coqui”. By using the Service, you signify your assent to these Terms. Although it’s not part of these Terms, we encourage you to read our Privacy Policy to better understand what information we collect about you when you are using the Service and how we use your information.
KEY POINTS
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Coqui.
Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send updates (such as marking a location of interest or updating a previously marked location’s status ), or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose while driving. Updates or non-verbal reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Coqui does not provide any warranties to such information’s credibility or reliability.
Location-based Service. Some features of the Service may make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Coqui application is installed and activated. These features cannot be provided without utilizing this technology. For more details, please see our Privacy Policy:
Advertisements. Advertisements may appear on the Service from time to time. Coqui does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Your age: The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. If Coqui is notified or has a reasonable reason to believe that an account belongs to a user who is under the age of 16 years, the account will be deleted without further notice.
Privacy: Your privacy is important to us. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully.
ABOUT THE SERVICE
The Service is a social navigation app that allows its users to mark locations of interest as well as update the status of said locations. As an example, a user might see a food-truck that is temporarily located at a particular exit and wish to make other users aware it is there. Other examples includes bird enthusiasts might use the Service to mark locations of particular species they have seen and share those sightings with other users.
THE LICENSE
Coqui hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the App) for non-commercial purposes, subject to these Terms.
USING THE SERVICE
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Coqui. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Service’s database. This clause does not limit the use of the database as intended by the Service and for the purposes of private and personal use of the Service.
When using the Service you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Service’s database for any purpose without the express prior written permission of Coqui.
The Service may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Coqui’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service, or in any way or publicly display, perform, or distribute them;
(ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Coqui’s prior written consent;
(iii) create a browser or border environment around the Content (e.g. no frames or inline linking);
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service;
(ix) frame or mirror any part of the Service without Coqui’s prior express written authorization;
(x) create a database by systematically downloading and storing all or any of the Content from the Service;
(xi) forward any data generated from the Service without the prior written consent of Coqui;
(xii) use profanity and/or inappropriate language while using the Service, and specifically when submitting reports or communications with other users of the Service;
(xiii) intentionally submit false reports and/or map edits on the Service;
(xiv) transfer or assign your Service accounts’ password, even temporarily, to a third party;
(xv) use the Service for any illegal, immoral or unauthorized purpose;
(xvi) use the Service or the Content for non-personal or commercial purposes without Coqui’s express prior written consent; or
(xvii) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Coqui of such termination. Coqui retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Coqui deems appropriate, at its sole and absolute discretion.
USER CONTENT
The Service allows users to submit and post information and content to other users (“Content”). Content is separate from advertisements that may appear on the Service. Content can include, for example, marked locations and location status updates. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.
FORBIDDEN POSTS
It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to the Service and such Content strictly complies with these Terms.
When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks;
poses a risk to a person’s safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
falsely expresses or implies that such content is sponsored or endorsed by Coqui.
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.
Coqui may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in any act or omission that is harmful or may be harmful to the Service, its users, Coqui or any of its agents or affiliates. In such cases, Coqui may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Coqui by any law.
RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Coqui to publish the Content and exploit all intellectual property rights in and to the Content. Coqui receives no ownership rights in and to the Content that you submit. However, by submitting Content to Coqui, you hereby grant Coqui and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Coqui in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Coqui’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Coqui provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Coqui to be your agent).
EXAMINATION OF CONTENT
Coqui may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Coqui does not normally utilize its right to monitor Content and does so only in rare cases.
Coqui retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Coqui does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Coqui. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
COMMUNICATIONS
To provide you with our services, we may send you service announcements and other information. To learn more about how we communicate with you, see Coqui’s Privacy Policy.
COPYRIGHT
All intellectual property rights in and to the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Coqui or its affiliates or are exclusively licensed to Coqui. “Coqui”, the Coqui logo, and other trade and/or service marks are the property of Coqui and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Coqui.
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the App are protected works under applicable copyright laws and Coqui and its affiliates retain all intellectual property rights in them. The license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Service or any mark, indicator, logo or notation embedded in the maps that are displayed on the Service. You may not copy or print more than one copy of any data or material appearing on the Site.
Coqui may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Coqui’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Coqui to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
APPLE
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
EXPORT CONTROL
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
COQUI PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Coqui disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
Coqui exerts efforts to provide you with a high quality and satisfactory service. However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Coqui’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in Coqui or any of its providers.
COQUI, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
LINKS AND COMMERCIAL INFORMATION IN THE SERVICE
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Coqui may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Coqui cannot and does not guarantee the reliability or accuracy of third party Ads. Coqui does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Coqui will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
The advertising of commercial content by Coqui does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Service includes links to services or applications not operated or managed by Coqui, Coqui will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Coqui will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Service.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, COQUI (INCLUDING ITS AFFILIATES AND STAFF) AND/OR THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Coqui and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Coqui, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Coqui respects your privacy during your use of the Service. Our privacy policy pertaining to the Service is readily accessible at www.juntospodemos.life. Our privacy policy is subject to periodic updates. Therefore, it is recommended that you periodically review the policy for updates.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Coqui may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Coqui for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Coqui may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Coqui may modify these Terms from time to time. If material changes are introduced, a notice will be posted in the updated version of the Service as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you don’t agree to the updated Terms or to any term within them, you should discontinue all further use of the Service. You can also end your relationship with us at any time by deleting the Service from your device.
GOVERNING LAW AND JURISDICTION
These Terms will be governed solely by the laws of the State of New York, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms and the Service, will be under the exclusive jurisdiction of the competent court in the State of New York.
LIMITATIONS
Should you desire to file any cause of action against Coqui, arising out of or related to the Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Coqui. Coqui may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Coqui’s obligations to you under these Terms.
COMPLETE TERMS
These Terms shall all constitute the entire and complete agreement between you and Coqui concerning the Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during the App installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Coqui Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service and we will make our best efforts to address your inquiry promptly through the form located on the “Contact” page on the website “www.juntospodemos.life”
Last modified: 25 December 2024