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.
3. Functions of the application:
OverThere is an application that promotes and facilitates interaction between registered users based on proximity to other registered users. Such proximity is established by factors such as GPS geospatial location.
The application allows the creation of a profile that will be viewed by other registered users who have proximity and, in that sense, will allow interaction between registered users through tools such as sending and accepting requests, chat, and the score that can be given by one user to another, after interacting.
4. Registration
In order to be a registered user of OverThere and use the product in full, it will be necessary for this (user) to be over eighteen (18) years of age and to deploy what is contemplated in section “4.1.” or “4.2.” below:
4.1. Register directly:
a) The user shall fill in the following data: Name, Surname, Age, Height, Email, Telephone and Personal Interests.
b) A token will be sent to the email or telephone to authenticate the user's identity.
c) The application will request the completion of the token; once this is done successfully, the user must accept through the selection of the boxes the following documents: i) T&C; ii) Data Processing Policy and iii) Authorization for the Processing of Personal Data, by sending the registration form will be linked correctly.
d) Once the form is successfully submitted, the user must create specific credentials for OverThere, which are Name and Password that are equivalent to a linking name and a password.
4.2. Register through Facebook, Google or Apple ID login credentials:
The user will be able to register by filling in their Facebook, Google or Apple ID login credentials (username and password) correctly. Once the access is verified, you must accept the boxes of: i) T&C: ii) Data Processing Policy and iii) Authorization for the Processing of Personal Data, in order to send the registration form and be linked correctly.
It is important to highlight that OVERTHERE will not assume any responsibility in case a person under eighteen (18) years of age uses, accesses or registers in the application. This is because, although OverThere's authentication mechanisms make it possible to verify the user's identity, they cannot confirm the user's age with certainty. Therefore, OVERTHERE relies on the principle of good faith and on the user's obligation to provide truthful, clear and updated information in order to use the product.
5.Child Safety and Prevention of Child 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 will be able to access his/her profile, depending on the way he/she registered in OverThere, i.e.:
6.1. He/she will be able to log in with his/her Name or email and password, filling them out on the home screen; or.
6.2. You can log in with your Facebook, Google or Apple ID login credentials by selecting the Facebook, Google or Apple icon.
The registered user CANNOT SHARE their Name and password or their Google, Facebook or Apple ID login credentials. If shared, OVERTHERE will not be liable for any loss of any kind arising from unauthorized use of your profile.
7. Password Recovery
The registered user can directly select the “password recovery” option, where the system will request the user's email or cell phone number and the send button; if this email is in the list of registered users in the app, a recovery email or SMS will be sent to the registered user.
8. Profile Creation
Once the user is registered, he/she will be able to create a profile. For this purpose, the following functions must be taken into account:
8.1. Regarding the profile picture:
During the account creation process, you 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.”
You will be able to capture a photo in real time, through the camera icon; which, you will be able to upload and link to your account.
Through a pencil icon, you will be able to open the gallery and choose an existing photo.
Up to six profile pictures can be added.
Using the preview button, you can review the selected or taken photo.
By means of the button or box you will be able to see the photo assigned to the profile.
OVERTHERE reserves the right to verify the photos shared on or through OVERTHERE by Users. To carry out the verification process, OVERTHERE will use an API provided by Microsoft Azure. This API processes the uploaded photo to detect potential inconsistencies, anomalies, or inappropriate behavior according to the parameters established by our platform’s security and privacy policies.
The purpose of the validation is to ensure that the profile picture meets our community standards regarding authenticity and quality. Additionally, we aim to prevent the use of photos that may violate our internal policies, including inappropriate or fraudulent content.
The uploaded photos 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 beyond this validation process.
By uploading your profile picture and proceeding with the account creation process, you expressly consent to the application using the Microsoft Azure API to verify and validate the image according to the aforementioned parameters. You accept that this process is part of the registration, and your account may be rejected if the photo does not pass the verification.
In the event that the photo does not meet the criteria established during the validation process, you will be notified and asked to provide a new image. We reserve the right to reject a profile picture that does not comply with our security, authenticity, and compliance standards.
We are committed to protecting the privacy of your personal information. 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 through which the verification process is carried out. Any changes will be published on this page, along with the date of the last update, which will be indicated at the top of the document.
8.2. As for the filling in of data:
Name: Name by which the registered user will be identified in the APP.
Bio: The registered user may include a short biography about himself/herself.
Gender: The registered user will be able to choose his/her gender from a list.
Height: The registered user will be able to indicate his height.
Interests: The registered user will be able to add some of his/her interests.
From: The registered user will be able to choose his city of residence.
Age: The registered user will be able to enter his current age.
Gallery: The registered user will be able to upload and display photos that he/she wants to show in the profile (Up to six (6) photos).
8.3. Regarding the activation or deactivation of functions:
The following options may be activated or deactivated in the advanced configuration section:
Location: The registered user will be able to locate other registered users that are according to their proximity that are with the same option active.
9. Profile View
On the Home Screen of the registered user's profile, he/she will be able to observe his/her profile picture, name, age and biography; all of the above, according to what was registered at the time of subscribing. On the other hand, you will see a couple of photos that were uploaded to the profile (four photos).
10. Interaction with Other Profiles
In the Radar Location Screen, the registered user will be able to locate other registered users nearby, according to their position. There are the buttons for configuration, location, photos of nearby users, and three additional options: Chat, Request and Radar.
Photos of users: The way to visualize other users, is through their profile pictures that will appear according to the address where they are located according to their proximity.
Settings: You can return to the Edit Profile screen.
The user will be able to enable or disable the ping function of the application within the main screen, choose the interval in which their phone pings (time interval from 5 to 30 seconds) and choose the range in which their pings can be seen by other users (20 to 75meters).
The information of how many seconds and how many meters of coverage will be displayed at the top left of the screen.
In the main window you will be given the option to put the user online or offline.
Chat: Directs you to the Chat screen to chat with other users.
Request: Directs you to theRequest screen.
Radar: It directs you to the Radar location screen.
In the Screen you can see the profile of the user you want to contact. You 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, you will see the photos that were uploaded to the profile (four photos) as you can see on the screen of your own profile.
On the screen, the registered user will be able to see the profile photo and name of each of the users who have sent him/her a request accompanied by a button to approve and a button to reject the request.
Approve request: Approves the request that was submitted by the user.
Reject request: Rejects the request submitted by the user.
In the event that a user notices inappropriate behavior by another user, he/she can report the situation through the “Report” button that allows to generate a request to the email contact@overthereapp.com in order for OVERTHERE to define the procedure to be followed with the account. Among the events that allow the report are:
Repeated harassment, intimidation or threats.
Offensive, violent or inappropriate messages.
Impersonation or fake profiles.
Non-compliance with our policies.
Other reason: For this option a field is enabled 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 action, if it deems that the registered user is violating the present T&C.
Some of the causes, which are indicated only by way of example, are:
If the user turns out to be under eighteen (18) years old and lied about his/her age to access the platform;
If a user attempts to gain unauthorized access to the application to the account of another registered user, or with the help of assisting others to do so;
If a user interferes with security aspects of the application that limit or protect any type of content;
If a user incurs, at OVERTHERE's discretion, in fraudulent or fraudulent conduct or acts, that is to say, with the intention of causing harm or going against the law;
If a user uses the services to carry out illegal activities such as money laundering, financing of terrorism, other criminal activities, or the transgression of Colombian exchange or tax dispositions;
If a user causes operational difficulties in the application;
If the identity of a user cannot be verified;
If it finds that the report made by another user has merit;
At the request of 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 complies with the respective legal and/or procedural rules that may be applicable.
If a user utilizes the platform to engage in activities related to the distribution, storage, or promotion of content involving sexual abuse, child pornography, or any form of child exploitation.
If a user violates the provisions set forth in Chapter 5 regarding the Child Safety and Prevention of Child Sexual Exploitation and Abuse Standards (EASI).
Finally, the decision to cancel or block an account may be based on confidential criteria essential to OVERTHERE's own compliance and risk protocols, without any obligation to disclose details of the cancellation.
12. Indemnity
The user has the obligation to hold OVERTHERE harmless, i.e., without causing affectation or damage and respond to, 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 Terms; (iii) Infringement of any third party's rights.
OVERTHERE does not guarantee continuous or uninterrupted access and use of the application, i.e., it may eventually be unavailable due to technical difficulties or Internet failures or any other circumstance.
Users will not be able to attribute any responsibility to OVERTHERE, nor demand restitution or compensation, by virtue of damages (damages or affectations) resulting from the aforementioned difficulties.
13. Data Processing
OVERTHERE is aware of the importance of protecting the personal data of its users, for this reason, 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 sets out how the life cycle of personal information is carried out and can be found in the link linked to point “1”.
14. Attention to the User
Any communication that the user wants to have with OVERTHERE may be given in written form and exclusively to the email contact@overthereapp.com
15. Intellectual Property
Any element susceptible of protection by intellectual property rights that appears in the application directly or indirectly, will be owned by OVERTHERE. The foregoing includes, but is not limited to: trademarks, industrial designs, graphics, commercial slogans, artistic works, literary works, etc.
In that sense, the user will abstain from using the creations or works susceptible of intellectual property of OVERTHERE and/or the Commercial Allies, for purposes not expressly authorized by them.
16. Dispute Resolution and Jurisdiction
These T&Cs shall be governed by the laws in force in Colombia.
Any dispute, conflict, claim or controversy, of any type whatsoever, shall be subject to direct settlement procedures, that is to say, to the search for solutions directly between OVERTHERE and the user, through communications generated from the email address linked in the application and the email address of contact@overthereapp.com. For the above, it must be kept in mind that the response time of each party must be five (5) business days; in the event that the problem cannot be solved by direct settlement and within one month, the ordinary jurisdiction may be resorted to.
In addition, OVERTHERE may also use for itself, or provide to its licensors, any information necessary to resolve complaints, disputes or settle any conflict that may arise.
17. Effectiveness
These T&Cs shall enter into force on the 01st day of the 01st month of the year 2024.
It is worth mentioning that OVERTHERE reserves the right to modify these T&Cs at any time, in which case it will update this document in its application and will notify its registered users by means of a notice in OverThere. Registered users may refrain from using the application, due to the changes; or failing that, they may submit requests, complaints or claims to the following 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 at the beginning of the document.
By using our application and continuing with the registration process, you confirm that you have read, understood, and accepted these terms and conditions.
