Terms & Conditions

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1. Purpose 

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

It should be noted that the Privacy Policy and other documents incorporated into OVERTHERE's operational flow, which are made available to the user through the links provided below, will also be binding to the aforementioned legal relationship:

Privacy Policy: 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. Definition

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

2.1 User: Refers to a natural person over the age of eighteen (18) who accesses, uses, or browses OverThere.

2.2 OverThere: The mobile application that allows registered users to connect and interact, provided 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: The adhesion contract that the user accepts by simply using the application.

 

2.5 Transactional Terms and Conditions: The adhesion contract that a registered user accepts by registering.

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

 

​3. Application Features 

OverThere is an application that promotes and facilitates interaction between registered users based on their proximity to other registered users. This proximity is established through factors such as GPS-based geospatial location.

The application allows the creation of a profile that will be visible to other registered users within proximity, enabling interaction between registered users through tools such as sending and accepting requests, chat, and the ability to rate other users after interacting.

 

4. Registration

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

 

    4.1 Direct Registration:

 

a) The user will provide the following information: Name, Surname, Age, Height, Email, Phone, and Personal Interests.

b) A token will be sent to the user's email or phone to authenticate their identity.

c) The application will request the token to be entered; once successfully completed, the user must accept the following documents by checking the boxes: i) T&C; ii) Data Processing Policy; and iii) Authorization for Personal Data Processing. Upon submitting the registration form, the user will be properly linked.

d) Once the form is successfully submitted, the user must create specific credentials for OverThere, which include Name and Password, equivalent to a username and password.

 

       4.2 Registration through Facebook, Google, or Apple ID credentials:

 

The user can register by correctly entering their Facebook, Google, or Apple ID credentials (username and password). Once the credentials are verified, the user must accept the following by checking the boxes: i) T&C; ii) Data Processing Policy; and iii) Authorization for Personal Data Processing, in order to submit the registration form and be properly linked.

It is important to note that OVERTHERE will not assume any responsibility if a person under the age of eighteen (18) uses, accesses, or registers on the application. This is because, although OverThere's authentication mechanisms allow for identity verification, they cannot confirm the user's 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 Exploitation and Abuse (EASI)

 

OverThere is committed to protecting children and adolescents, and as such, we have strict measures in place to prevent, detect, and respond to any cases of child exploitation or abuse (EASI).

Users must use OverThere responsibly in accordance with applicable laws, and any use of our platform as a mechanism for illegal, harmful, or fraudulent activities, particularly against children and adolescents, is strictly prohibited.

Users are responsible for the content they share through OverThere, and therefore, they 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 exploitation, harassment, or abuse of children 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.

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• 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 reports any suspicious activity in a timely manner.

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

• We cooperate with international organizations dedicated to child protection.

 

       5.3 Reports and Complaints:

 

Users who detect any suspicious content or activity related to child exploitation and/or abuse on our platform must report it immediately through the Report button, where they can use predefined options or provide additional context through the other reasons option. Users can also report any suspicious content or activity related to child exploitation and/or abuse via email: contacto@overthere.com. Our security team will conduct the necessary analysis and monitoring of the reported behaviors and proceed to block the reported User.

 

6. Access

Registered users can access their profile depending on how they registered on OverThere:

6.1 They can log in using their Name or email and password, entered on the login screen; or

 

6.2 They can log in using their Facebook, Google, or Apple ID credentials by  selecting the respective icon.

 

Registered users MUST NOT SHARE their Name and password or their Google, Facebook, or Apple ID credentials. If they do, OVERTHERE will not be responsible for any loss resulting from unauthorized use of their profile.

7. Password Recovery

Users who registered directly can select the "password recovery" option, where the system will request the user's email or phone number and send a recovery email or SMS if the email is in the list of registered users.

 

8. Profile Creation

Once registered, the user can create a profile. To do so, the following functions must be considered:

8.1 Regarding the profile picture:

 

• During the account creation process, the user must upload a profile picture to ensure the security and authenticity of the information provided. The application will automatically verify and validate the uploaded photo.

• The user can take a real-time photo using the camera icon, which can then be uploaded and linked to their account.

• Using a pencil-shaped icon, the user can open their gallery and select an existing photo.

• Up to six profile photos can be added.

• The preview button allows the user to review the selected or taken photo.

• The user can view the assigned profile photo through a button or box.

• OVERTHERE reserves the right to verify photos shared on or through OverThere by Users. For this verification process, OVERTHERE will use an API provided by Microsoft Azure. This API processes the uploaded photo to detect inconsistencies, anomalies, or inappropriate behaviors based on the parameters established by our platform's security and privacy policies.

• The validation aims to ensure that the profile photo meets our community standards regarding authenticity and quality. Additionally, we seek to prevent the use of photos that may violate our internal policies, including inappropriate or fraudulent content.

• Photos uploaded will be processed through the Microsoft Azure API solely for the verification and validation purposes described above. The data associated with the photo will not be stored or used for any other purpose outside this validation process.

 

• By uploading your profile photo and proceeding with account creation, you expressly consent to the application using the Microsoft Azure API to verify and validate the image according to the mentioned parameters. You agree that this process is part of the registration and that the account may be rejected if the photo does not pass verification.

• If the photo does not meet the criteria during the validation process, you will be notified and asked to provide a new image. We reserve the right to reject a profile photo that does not meet our security, authenticity, and compliance standards.

• We are committed to protecting your personal information's privacy. All information processed through the Microsoft Azure API will be handled in accordance with our privacy policy.

• OVERTHERE reserves the right to modify these terms and conditions at any time, as well as the API used for the verification process. Any changes will be published on this page, and the date of the last update will be indicated at the beginning of the document.

 

         8.2 Regarding data entry:

• Name: The name with which the registered user will be identified in the APP.

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

• Gender: The registered user can select 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 wish to display on their profile (up to six (6) photos).

 

        8.3 Regarding the activation or deactivation of features:

 

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

 

• Location: The registered user can locate other registered users within proximity who have the same option activated.

 

9. Profile View

On the profile home screen, the registered user can view their profile picture, name, age, and biography, as registered during subscription. Additionally, a couple of photos uploaded to the profile will be displayed (four photos).

 

10. Interaction with Other Profiles

On the radar location screen, the registered user can locate nearby registered users based on their position. The screen includes buttons for settings, location, photos of nearby users, and three additional options: Chat, Request, and Radar.

 

• User Photos: Other users are displayed through their profile photos, which appear based on their proximity and direction.

• Settings : The user can return to the Edit Profile screen.

• The user can activate or deactivate the application's ping function on the main screen, choose the interval at which their phone emits the ping (time interval from 5 to 30 seconds), and select the range within which their pings can be seen by other users (20 to 75 meters).

• Information about the interval and coverage range will be displayed in the top left corner of the screen.

• The main window will provide the option to set the user as online or offline.

• Chat: Directs the user to the Chat screen to converse with other users.

• Request: Directs the user to the Requests screen.

• Radar: Directs the user to the Radar location screen.

 

On the screen, the user can view the profile of the user they wish to contact. The profile picture, name, age, and biography will be displayed, as registered during subscription. Additionally, the photos uploaded to the profile will be displayed (four photos), similar to the user's own profile screen.

 

On the screen, the registered user can view the profile picture and name of each user who has sent them a request, along with a button to approve or reject the request.

 

• Approve request: Approves the request sent by the user.

• Reject request: Rejects the request sent by the user.

 

If a user notices inappropriate behavior from another user, they can report it through the "Report" button, which generates a request to the email contact@overthereapp.com for OVERTHERE to determine the appropriate action. Reportable events include:

 

• Repeated harassment, intimidation, or threats.

• Offensive, violent, or inappropriate messages.

• Identity theft or fake profiles.

• Violation of our policies.

• Other reasons: A field is available for the user to describe the incident.

 

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 determines that a registered user is violating these T&C.

Some of the reasons, provided as examples, include:

 

• If the user is found to be under the age of eighteen (18) and lied about their age to access the platform;

• If a user attempts to access another registered user's account without authorization, or assists others in doing so;

• If a user interferes with the application's security features that limit or protect content;

• If a user engages in fraudulent or malicious conduct, as determined by OVERTHERE, with the intent to cause harm or violate the law;

• If a user uses the services for illegal activities such as money laundering, terrorism financing, other criminal activities, or violations of Colombian exchange or tax regulations;

• If a user causes operational difficulties for the application;

• If a user's identity cannot be verified;

• If a report made by another user is found to be valid;

• Upon request from a government or state institution or authority, such as the Police, the Financial Analysis and Information Unit (UIAF), the Investigative Police, Courts of Justice, judges, Superintendencies, etc., provided the request complies with applicable legal and procedural norms;

• If a user uses the platform to disseminate, store, or promote content involving sexual abuse, child pornography, or any form of child exploitation;

• If a user violates the provisions outlined in Chapter 5 regarding child safety standards and the prevention of child exploitation and abuse (EASI).

 

Finally, the decision to cancel or block an account may be based on confidential criteria essential to OVERTHERE's compliance and risk protocols, without the obligation to disclose details of the cancellation.

 

12. Indemnity

The user is obligated to indemnify OVERTHERE, meaning to hold OVERTHERE harmless and defend it against any claims, demands, losses, liabilities, and expenses (including attorney's fees) arising from: (i) The use of the Services; (ii) Breach or violation of any of these Terms; (iii) Infringement of any third-party rights.

OVERTHERE does not guarantee continuous or uninterrupted access and use of the application, meaning it may occasionally be unavailable due to technical difficulties, internet failures, or any other circumstances.

Users may not attribute any responsibility to OVERTHERE or demand compensation for damages resulting from the aforementioned difficulties.

 

13. Data Processing

OVERTHERE recognizes the importance of protecting users' personal data and strictly complies with Law 1581 of 2012, Decree 1074 of 2015, and other complementary, modifying, or repealing regulations. Therefore, OVERTHERE has created a Data Processing Policy, which outlines the lifecycle of personal information and is available at the link provided in section "1".

 

14. Customer Service

Any communication that the user wishes to have with OVERTHERE must be in writing and exclusively sent to the email contact@overthereapp.com.

 

15. Intellectual Property

Any element subject to protection by intellectual property rights that appears in the application, directly or indirectly, is 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 agrees not to use the creations or works subject to intellectual property rights of OVERTHERE and/or its Commercial Partners for unauthorized purposes.

 

16. Dispute Resolution and Jurisdiction

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

Any dispute, conflict, claim, or controversy of any kind must be submitted to direct settlement procedures, meaning 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 purpose, it must be noted that the response time for each party should be five (5) business days; if the issue cannot be resolved through direct settlement within one month, the parties may resort to ordinary jurisdiction.

 

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

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17. Validity

These T&C come into effect on January 1, 2024.

OVERTHERE reserves the right to modify these T&C at any time, in which case the document will be updated in the application, and registered users will be notified through a notice in OverThere. Registered users may choose to stop using the application due to the changes or, alternatively, may submit requests, complaints, or claims to the email: contact@overthereapp.com.

 

We reserve the right to modify these terms and conditions at any time. Any changes will be published on this page, and the date of the last update will be indicated.