SmatchMe Terms and Conditions (v1)

This contract describes the general terms and conditions (hereinafter “Terms and Conditions” ) applicable to the use of the digital platform, products and services offered through the software called SmatchMe (hereinafter the “App” or “Application” ) and through its website with electronic address at (the “Site” ), of which SMATCHME SPORTS, SA de CV (hereinafter “SMATCHME” ) is the owner, which has its address established in San Ramón Unborn 494; Camino Real Colony; Zapopan, Jalisco, CP 45040.


  1.   Object


By creating an account and using the App or the Site , the user acknowledges that they have read, understood and accepted in each and every one of their parts, these Terms and Conditions, which they are obliged to comply with and observe. SmatchMe reserves the right to modify these Terms and Conditions at any time, limiting itself to informing the user through the App or by email about said modification, for which the user may consult the update of these in the “Terms” section. and Conditions”. Access and/or use of the service after said publication constitutes the user's consent to them.


If the user does not agree with these Terms and Conditions, and their modifications, they must refrain from accessing and/or using the service on the Site and the App .


  1.   Services


SMATCHME, through the Site and/or the Application, provides users with the technological platform, which the user can use to:


(a) Create your media or social network profile in order to search, find and connect with other users, within it, with the aim of them being part of your contacts or social circle, creating communities;

(b) Find out, access relevant information, create and/or register for sporting events or activities close to the user's current location;


(c) Send direct messages to other users of the platform;


(d) Identify if the characteristics of a user's profile are compatible with those of other users, to have the possibility of generating a sports community with similar tastes and qualities;


(d) Obtain a personalized experience in relation to the data about the connections that the user makes, the options and settings that the user selects, and the posts or content that the user publishes;


(e) Find and connect with organizations, groups or companies directly or indirectly related to sport;


(f) Share status updates with your contacts, create events, and message a friend;


(g) View personalized ads, offers and other sponsored or commercial content from businesses and organizations that use SmatchMe;


The services offered by SMATCHME through the Site and/or the App are not available to persons under 18 (eighteen) years of age.


  1.   Intellectual and industrial property


SMATCHME is the owner of all intellectual and industrial property rights of the Site and the Application called SmatchMe , understanding the source code that makes its operation possible, as well as the images, audio or video files, logos, brands, combinations of colors, structures, designs and other elements that distinguish it. They will, therefore, be protected by Mexican legislation on intellectual and industrial property, as well as by applicable international treaties.

Consequently, the reproduction, distribution, or dissemination of the contents of the Site and/or the Application , for commercial purposes, on any medium and by any means, without the authorization of SMATCHME, is expressly prohibited.


The user agrees to respect the intellectual and industrial property rights of SMATCHME . However, in addition to being able to view the elements of the Site and/or the Application , you may print, copy or store them, as long as it is exclusively for your strictly personal use.


On the other hand, the user will refrain from deleting, altering, or manipulating any element, file, or content of the Site and/or the Application , and for no reason will carry out acts aimed at violating the security, files or databases. that are protected, either through restricted access using a username and password, or because you do not have the permissions to view, edit or manipulate them.


In the event that the user or any third party considers that any of the contents of the Site and/or the Application constitutes a violation of the rights of protection of industrial or intellectual property, they must immediately notify


  1.   Access and use of the App


  1.   Download and account creation

The user may only access the Site and the App through authorized means. SMATCHME will not be responsible if the user does not have a compatible device or has downloaded a version of the Application that is incompatible with their device. To access and use the App , the user must download it from commercially known sites such as “App Store” and “Google Play” .

Once the Application has been downloaded , the user must create and maintain an active account (hereinafter “Account” ). To obtain an Account , the user must be at least 18 years old and complete the account creation procedure within the Application to be able to indicate general data, sports preferences, personal tastes, photos and psychological qualities.


Likewise, it will be the obligation and responsibility of the user to read the privacy policies and these Terms and Conditions , since during the Account creation process they must accept them.


The user will be responsible for all activity that occurs in their Account and agrees to keep their Account username and password secure and secret at all times.


You may not assign or otherwise transfer your Account to any other person or entity. The user agrees to comply with all applicable laws when using the services offered through the Site and/or the Application


  1.   Use

Once the Account creation is completed , the user of the services described in Clause 2 of these Terms and Conditions will be able to use the App and consult all the information relevant to the service provided by SMATCHME and receive notifications.


SMATCHME may, in its sole discretion, allow the user to send, upload, publish or otherwise make available to SMATCHME , through the Site and/or the App called SmatchMe , content and information of text, audio and/or visual, with the understanding that any content provided by the user will be their property and must comply with applicable legislation.

Notwithstanding the foregoing, the user, by providing said content to SMATCHME , grants SMATCHME a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative copies, distribute, display publicly, publicly present or otherwise exploit in any way such user content in all formats and distribution channels, now known or hereafter devised, without further notice or consent required from the user and without requiring the payment of any amount to said user or entity.


User represents that he or she is the sole and exclusive owner of all content that User provides to SMATCHME or that he or she has all rights, licenses, consents and permissions necessary to grant SMATCHME the license to such content as set forth above. Neither your User Provided Content nor your submission, uploading, publishing or otherwise making available such Content, nor SMATCHME's use of such Content as set forth in these Terms and Conditions, will infringe, misappropriate or violate any intellectual property, publicity or privacy rights of the user or any third party, nor will they result in violation of any applicable law, regulation or legal provision.


The user agrees not to provide content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by SMATCHME in its sole discretion. SMATCHME may, in its sole discretion and at any time and for any reason, without prior notice, review, monitor or remove any user-provided content , but is not obligated to do so.


  1.   Password

Each Account will be protected by a password created by the user at the time of creating the Account , which will be required each time the user logs in through the Site or the App . The user will be responsible at all times for safeguarding and preserving their password; Consequently, it will assume any damages that may arise from its improper use, as well as from its disclosure or loss.


In case of forgetting the password, the user may register a new one by entering the “recover password” section and must follow the instructions indicated.


  1.   Shopping

SMATCHME may offer the purchase of products and services (“in-App purchases”) through the App Store, Google Play Store, carrier billing, SMATCHME direct billing or other payment platforms authorized by SMATCHME . If you decide to make an in-app purchase, you will be asked to confirm your purchase with the applicable payment provider, and your payment method (either your card or a third-party account such as the Google Play Store or App Store) will be charged ( your "Payment Method") for the purchase in the App at the prices shown to you for the services you have selected, as well as any type of sales taxes that may be imposed on your payments, and you authorize SMATCHME or the third party account, as applicable, charges you.


If you purchase a recurring subscription that pays automatically in-app, your Payment Method will continue to be billed until you cancel. After the initial subscription period to which you have committed, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Card payment information will be stored and subsequently used for automatic card payments in accordance with the Agreement.


If you do not want your subscription to renew automatically, or if you want to change or cancel your subscription, you will need to log into your third-party account (or Settings in SmatchMe, if applicable) and follow the instructions to cancel your subscription, including if you have deleted your account with us or if you have deleted the SMATCHME SmatchMe App from your device. Deleting your SMATCHME account or deleting the SMATCHME SmatchMe App from your device does not cancel your subscription; SMATCHME will retain all funds credited to your Payment Method until you cancel your subscription in SMATCHME or the third-party account, as applicable. If you cancel your subscription, you may use your subscription until the end of the then-current subscription period and your subscription will not be renewed after the end of the then-current subscription period.


If you pay SMATCHME directly, SMATCHME may correct any billing errors or omissions, even if you have already requested or received payment. If you initiate a refund or otherwise reverse a payment made with your Payment Method, SMATCHME may terminate your account immediately at its discretion.


To edit the user's payment method information, you will need to visit SmatchMe and go to Settings. If a payment is not completed successfully, due to expiration, insufficient funds, or any other reason, and you do not edit your Payment Method information or cancel your subscription, you will remain responsible for any uncollected amounts, and you authorize us to continue billing to your Payment Method, which may be updated. This could result in a change to your billing dates.


Additionally, you authorize SMATCHME to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. Payment terms will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the Payment Method you have chosen.


None of the purchase fees are refundable, and no refunds or credits are given for partially used terms.


  1.   Network/device access

The user is responsible for obtaining access to the data network necessary to use the services offered through the Site or the App , with the understanding that they must pay the rates and rates for data and messages of their mobile network, if they access or use the service from a wireless device. Likewise, the user is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Site and/or the App and/or any updates thereto. SMATCHME does not guarantee that the App and the Site will function correctly on any particular hardware or device.


The user acknowledges that, due to the functionality and speed of the internet connection and electronic communications, the service may be subject to malfunctions or delays, without this implying liability for SMATCHME .


  1.     User Requirements and Behavior

The user undertakes to make appropriate and lawful use of the App and the Site , in accordance with applicable laws and these Terms and Conditions . Access to the Site , the App and the services offered through them is limited to people over 18 years of age. The user may not assign or transfer their account in any way, nor authorize third parties to use it. The user acknowledges and accepts that access and use of the Site and the Application are under their sole responsibility. In no case will SMATCHME be responsible for the use that the user and/or third parties may make of the Application and the Site , nor for any damages that may arise from it.


The user agrees to:


  1. DO NOT use our SmatchMe to perform actions or share content:
    • That breach these Terms and Conditions.
    • That are unlawful, misleading, discriminatory or fraudulent (or that assist another person to use our Site or App in such a way).
    • That they are not your property or you do not have the necessary rights to share them.
    • Violate or infringe the rights of another person, including intellectual property rights (for example, infringe another person's copyright or trademark, or distribute or sell counterfeit or pirated goods), subject to exceptions or limitations under the applicable law.
  2. DO NOT upload viruses or malicious code, use the services to send spam or perform other activities that may disable, overload, hinder or impair the proper functioning of our services and/or systems, or affect their integrity, handling or appearance.
  3. DO NOT access or collect data from our Site or App using automated means (without our prior permission), or attempt to access data if you do not have permission to do so.
  4. DO NOT substitute, request or collect Site or App usernames or passwords, or misappropriate access tokens.
  5. DO NOT sell, license or purchase data you have received through SMATCHME or our services, except as provided in the Platform Terms and Conditions.
  6. DO NOT misuse the reporting, marking, dispute or appeal channels, for example, by submitting fraudulent, duplicate or unsubstantiated appeals or reports.


SMATCHME may remove or restrict access to content that violates these provisions, as well as suspend or disable an account for conduct that violates these provisions.


  1.   Text, calls and notifications

By creating an account , the user agrees that, for the provision of services, SMATCHME may send informational text messages (SMS), emails, notifications or instant messages over the internet as part of its normal business activity. The user may request not to receive informative text messages (SMS), notifications or instant messages from SMATCHME , to do so they must request it to the email , providing the telephone number of the mobile device that receives the messages. and the email registered in your account. The user acknowledges that requesting not to receive messages may affect the use and reception of the services.



  1.   Personal information


The personal data that the user provides when creating their account will be used only for the provision of services and in accordance with the Privacy Notice available on the App and the Site .

  1.   Suspension or cancellation of service


SMATCHME may suspend or block the user 's account and/or cancel any service, at any time and without prior notice, if any of the following situations occur:

  1. If the user provides false or fraudulent information in their account;
  2. If the user, when using the App and/or the Site , provides user content of an offensive, defamatory, slanderous, obscene, pornographic, discriminatory nature, involving violence, hatred, threats and/or anything that may be illegal in nature;
  3. If the user uses the Site and/or the App for illicit, illegal purposes that are harmful to the rights and interests of SMATCHME and/or third parties.
  4. Any other case that involves a violation by the user of these Terms and Conditions .



  1.   Responsibilities


SMATCHME will not be responsible for any damages that may arise from: (i) the lack of accessibility or availability of the Application and/or the Site , or the interruption in their operation, caused by computer failures, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, the Internet system or other electronic systems; (ii) the presence of computer viruses that may cause alterations to the user 's computer devices and; (iii) other damages that may be caused by users through unauthorized actions and/or beyond the control of SMATCHME, including without limiting the activities referred to in clause 2 of these1 Terms and Conditions.

  1.   Notifications


SMATCHME may send notifications to the user , through the Application , by email and/or SMS. For their part, the user may contact SMATCHME through the email



  1.   Contact for queries, clarifications or complaints


In case of doubts, clarifications and/or complaints regarding the Site and the operation of the App , SMATCHME makes the following email address available to the user or the section within the App called “Help”.


In the event of complaints, SMATCHME will file a report, follow up on it and contact the user, within the following 48 hours, to: (i) request more information, or (ii) inform them about the origin. or inadmissibility thereof.


  1. Applicable law and jurisdiction


In the event that the user has any problem or complaint regarding the services offered by SMATCHME through the Site and/or the Application and/or considers that any part of these Terms and Conditions is not being observed or complied with by SMATCHME , or any difference between the parties derived from or related to these Terms and Conditions, the user accepts that the process to follow consists of communicating said situation to SMATCHME through the email referred to in section 8. of these Terms and Conditions, for the purpose to analyze and resolve the specific case.


In the event that the user considers that the resolution of a case presented in accordance with the provisions of the previous paragraph is not in accordance with their interests, SMATCHME and the user agree that disputes arising from these Terms and Conditions or that are related These will be definitively resolved in arbitration, in accordance with the rules contained in the Arbitration Regulations of the International Chamber of Commerce by a single arbitrator appointed in accordance with said Regulations. The arbitration will be carried out in the city of Guadalajara, Jalisco, in the Spanish language and Mexican federal legislation will be applicable and, failing that, the local legislation of the city of Guadalajara, Jalisco.