Terms & Conditions

1. Object:

This document establishes the terms and conditions of use and transactions (hereinafter "T&C") applicable to the legal relationship between OVERTHERE S.A.S., a company constituted and existing in accordance with the laws of the Republic of Colombia and identified with NIT. 901.744.886-1 (hereinafter "OVERTHERE"), and the users of the mobile application OverThere (hereinafter "OverThere"), by simply accessing, browsing, or using said application.

It should be mentioned that the Privacy Policy and other documents incorporated into the operational flow of OVERTHERE, which are made available to the user through the links to the corresponding sites, will be binding on the aforementioned legal relationship. The links are listed below:

https://www.overthereapp.com/security-privacy/

If the user does not agree with these T&C, they must refrain from using, accessing, or browsing OverThere.

2. Definitions:

To ensure that the user understands this document clearly, correctly, and adequately, the following definitions are provided:

2.1. User:

A natural person over eighteen (18) years old who accesses, uses, or browses OverThere.

2.2. OverThere:

The mobile application that connects registered users to interact, as long as there is proximity between them.

2.3. Registered User:

A natural person who creates an account on the application, following the platform's enrollment requirements.

2.4. Terms and conditions of use:

he adhesion contract accepted by the user by simply using the application.

2.5. Terms and conditions of transactions:

Transactional Terms and Conditions: The adhesion contract accepted by a registered user upon registration.

2.6. Name:

Name: The name with which the user will be identified on the application.

3. Application Functions:

OverThere is an application that promotes and facilitates interaction between registered users based on their proximity to other registered users. This proximity is established by factors such as connection to the same Wi-Fi network, Bluetooth linkage, or geospatial location by GPS. The application allows the creation of a profile that will be visible to other registered users nearby, enabling interaction through tools such as sending and accepting requests, chat, and user ratings after interaction.

4. Registration:

To become a registered user on OverThere and fully utilize the product, the user must be over eighteen (18) years old and complete the steps outlined in "4.1." or "4.2." below:

4.1. Register directly:
a) The user will fill in the following information: Name, Surname, Age, Height, Email, Phone, and Personal Interests.
b) A token will be sent to the email or phone to authenticate the user's identity.
c) The application will request the entry of the token; once done successfully, the user must accept the following documents by selecting the checkboxes: i) T&C; ii) Data Processing Policy; and iii) Authorization for Personal Data Processing. Sending the registration form will complete the process.
d) Once the form is successfully sent, the user must create specific credentials for OverThere, which are Name and Password, equivalent to a login name and password.

4.2. Registration through Facebook or Google Credentials:

he user can register by correctly entering their Facebook or Google access credentials (username and password). Once access is verified, they must accept the following checkboxes: i) T&C; ii) Data Processing Policy; and iii) Authorization for Personal Data Processing, to send the registration form and complete the process.

It is important to note that OVERTHERE will not assume any responsibility if a person under eighteen (18) years old uses, accesses, or registers on the application. This is because while OverThere's authentication mechanisms allow verification of the user's identity, they cannot confirm their age with certainty. Therefore, OVERTHERE relies on the principle of good faith and the user's obligation to provide truthful, clear, and up-to-date information to use the product.

5.Child Safety and Prevention of Child Sexual Exploitation and Abuse (EASI):

OverThere is committed to the protection of children and adolescents, and therefore, we have strict measures in place to prevent, detect, and respond to any case of child exploitation or abuse (EASI).Users must use OverThere responsibly and in compliance with applicable laws. The use of our platform as a mechanism for committing illegal, harmful, or fraudulent acts, particularly against children and adolescents, is strictly prohibited.Users are responsible for the content they share through OverThere and must ensure compliance with applicable laws, especially those related to child safety and the prevention of child exploitation or abuse (EASI)

5.1. Specific Prohibitions:

The use of OverThere to commit any form of child exploitation, harassment, or abuse is strictly prohibited.

The dissemination, live streaming, storage, or promotion of content involving sexual abuse, child pornography, or any form of child exploitation is not allowed

Any attempt to contact, manipulate, or exploit minors will be reported to the relevant authorities.

5.2. Security Measures:

We employ technological mechanisms to identify and remove inappropriate content.

We have a moderation team that reviews and promptly reports any suspicious activity.

We implement identity verification measures to prevent users from interacting with minors.

We cooperate with international organizations dedicated to child protection.

5.3. Reporting and Complaints:

Users who detect any content or suspicious activity related to child exploitation and/or abuse on our platform must report it immediately through the “Report” button, where they can use the predefined options or select “Other reasons” to provide additional context regarding their report.Users may also report any suspicious content or activity related to child exploitation and/or abuse via email at contact@overthere.com. Our security team will conduct the corresponding analysis and monitoring of the reported behavior and proceed to block the reported user.

6. Access:

The registered user can access their profile, depending on how they registered on OverThere, as follows:

6.1. They can log in with their Name or email and password by entering them on the home screen; or

6.2. They can log in with their Facebook or Google access credentials by selecting the icon corresponding to Facebook or Google.

The registered user MUST NOT SHARE their Name and password or their Google or Facebook access credentials. If they share them, OVERTHERE will not be responsible for any loss resulting from unauthorized use of their profile.

7. Password Recovery:

A directly registered user can select the "password recovery" option, where the system will request the user's email and send a recovery email if the email is in the list of registered users in the app.

8. Profile Creation:

Once the user is registered, they can create a profile. For this purpose, they must consider the following functions:

8.1. Regarding the profile picture:

They can capture a real-time photo through the camera icon; which can be uploaded and linked to their account.

Through a pencil-shaped icon, they can open the gallery and choose an existing photo.

Up to three profile pictures can be added.

They can review the selected or taken photo via the preview button.

They can observe the assigned profile photo through the button or box.

8.2. Regarding data entry:

Name: Name with which the registered user will identify themselves in the APP.

Bio: The registered user can include a small biography about themselves.

Gender: The registered user can choose their gender from a list.

Height: The registered user can indicate their height.

Interests: The registered user can add some of their interests.

From: The registered user can indicate their city of residence.

Age: The registered user can indicate their current age.

Gallery: The registered user can upload and view photos they want to show on their profile (Up to three photographs).

8.3. Regarding the activation or deactivation of functions:

In the advanced configuration section, the following options can be activated or deactivated:

Wifi: The registered user can locate other registered users who are connected to the same network.

Location: The registered user can locate other registered users who are in agreement with their proximity that have the same option activated.

Bluetooth: The registered user can locate other users who have the Bluetooth option activated (valid for High-End Devices).

9. Profile Viewing:

In the profile home screen of the registered user, they can see their profile picture, name, age, and their biography; all according to what was registered at the time of subscription. On the other hand, a couple of pictures uploaded to the profile will be observed (four photos).

There will be three buttons on the profile (Radar, incognito, and rating).

Radar: Radar-based location where they can check other users who are nearby their location.
Incognito: It's a way to no longer appear in the application for other users (not available).
Rating: Shows the rating assigned to the user according to what they received from other users.

10. Interaction with Other Profiles:

In the Radar-based location screen, the registered user can locate other registered users nearby, according to their position. Where there are settings buttons, wifi, location, bluetooth, photos of nearby users, and three additional options: Chat, Request, and Radar.

Photos of users: The way to view other users is through their profile pictures that will appear according to the direction where they are located according to their proximity.
Settings: They can return to the Edit Profile screen.
The user can activate or deactivate the application's ping function within the main screen, choose the interval in which their phone emits the ping (2-4-6-8 seconds interval), and choose the range in which their pings can be seen by other users (20-30-40 meters).
The information of how many seconds and how many meters of coverage will be shown at the top left of the screen.
In the main window, there will be an option to set the user as online or offline.
Chat: Directs them to the Chat screen to converse with other users.
Request: Directs them to the Requests screen.
Radar: Directs them to the Radar-based location screen.

In the Screen, they can view the profile of the user they want to contact. They can see their profile picture, name, and age, as well as their biography, all according to what was registered at the time of subscription. On the other hand, they will see the pictures uploaded to the profile (four photos) as can be seen on the screen of their own profile. In the Screen, the registered user can see the profile picture and name of each user who has sent them a request accompanied by a button to approve and a button to reject the request.

Approve request: Approves the request sent by the user.
Reject request: Rejects the request sent by the user.
Incognito: It's a way to mark in the application to no longer be available to said user.

If a user notices improper behavior from another user, they can report the situation using the "Report" button, which allows them to send a request to the email contact@overthereapp.com so that OVERTHERE can define the procedure to follow with the account. Events that can be reported include:

Repetitive harassment, intimidation, or threats.
Offensive, violent, or inappropriate messages.
Identity theft or fake profiles.
Violation of our policies.
This option includes a field for the user to describe what happened.

11. Account Closure:

OVERTHERE may, without prior notice, limit, suspend, terminate the service, or prohibit access to the application, content, services, and tools, restrict or remove stored content, and take technical and legal actions if it believes that the registered user is infringing these T&C.

Some of the reasons, indicated only by way of example, are:

If a user attempts to access another registered user's account without authorization, or with the assistance of others to do so;
If a user interferes with aspects of the application's security that limit or protect any type of content;
If a user engages, at OVERTHERE's discretion, in fraudulent or deceitful behavior, i.e., with the intention of causing harm or acting against the law;
If a user uses the services to carry out illegal activities such as money laundering, financing terrorism, other criminal activities, or the violation of Colombia's exchange or tax regulations;
If a user causes operational difficulties in the application;
If a user's identity cannot be verified;
Upon request from any governmental or state institution or authority, such as the Police, the Financial Information and Analysis Unit (UIAF), the Investigation Police, the Courts of Justice, judges, Superintendencies, etc., if it conforms to the respective legal and/or procedural norms that are applicable.

Finally, the decision to cancel or block an account may be based on confidential criteria essential to OVERTHERE's compliance and risk protocols, so there is no obligation to disclose details of the cancellation.

12. Indemnity:

The user has the obligation to indemnify, that is, without causing harm or damage, and to respond to OVERTHERE, its directors, employees, and licensors for any claim, demand, loss, liability, and expense (including attorney's fees) arising from: (i) The use of the Services, (ii) Breach or violation of any of these Conditions; (iii) Infringement of the rights of any third party.
OVERTHERE does not guarantee continuous or uninterrupted access and use of the application, i.e., it may eventually not be available due to technical difficulties or Internet failures or for any other circumstance.
Users may not attribute any liability to OVERTHERE, nor demand compensation or reimbursement, for damages resulting from the aforementioned difficulties.

13. Data Processing:

OVERTHERE is aware of the importance of protecting the personal data of its users, therefore, it strictly complies with Law 1581 of 2012, Decree 1074 of 2015, and other regulations that complement, modify, or repeal them; therefore, it has created the Data Processing Policy, which explains how the life cycle of personal information is carried out and is located at the link linked to point ”1”.

14. User Support:

Any communication that the user wants to have with OVERTHERE can be given in writing and exclusively to the email contact@overthereapp.com

15. Intellectual Property:

Any element susceptible to protection by intellectual property rights that appears directly or indirectly in the application will be owned by OVERTHERE. This includes, but is not limited to: trademarks, industrial designs, graphics, commercial slogans, artistic works, literary works, etc.
In this sense, the user will refrain from using the creations or works susceptible to intellectual property of OVERTHERE and/or Commercial Allies, for purposes not expressly authorized by them.

16. Dispute Resolution and Jurisdiction:

These T&C will be governed by the laws in force in Colombia.

Any dispute, conflict, claim, or controversy, of any kind, must be submitted to direct settlement procedures, that is, to the search for solutions directly between OVERTHERE and the user, through communications generated from the email linked in the application and the email contact@overthereapp.com. For this, it must be borne in mind that the response time of each party must be five (5) business days; in case the problem cannot be solved by direct settlement and within one month, it may be submitted to ordinary jurisdiction.

Additionally, OVERTHERE may also use, or provide to its licensors, any necessary information to resolve complaints, disputes, or solve any conflict that may arise.

17. Validity:

These T&C shall enter into force on the 01st day of the month of January of the year 2024.

It should be mentioned that OVERTHERE reserves the right to modify these T&C at any time, in which case, it will update this document in its application and notify its registered users through a notice on OverThere. Registered users may refrain from using the application, in view of the changes; or alternatively, they may file petitions, complaints, or claims to the email address: contact@overthereapp.com.