Terms & Conditions
TERMS AND CONDITIONS
Welcome to Sixteen!
These are the terms and conditions for:
By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to the Sixteen mobile application and the Sixteen website together, "we", "us", "our", "I", and "Sixteen" refers to Sixteen, and "you" and "user", refers to you, the Sixteen user (Job Seekers and Companies).
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Sixteen accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY FUNCTIONALITY, INFORMATION OR CONTENT FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
By accessing and using the Sixteen platform, you agree to be fully bound by the terms and conditions set forth in this agreement. If you do not agree to any of the terms, you must refrain from using the platform or its services. We reserve the right to modify this agreement at any time. Any modifications will be effective upon posting on the platform. By continuing to use Sixteen following the posting of a modification, you expressly agree to be bound by the updated terms. For this reason, we recommend that you review this agreement periodically to stay informed of any changes.
By using the platform, you represent and warrant that you have full legal capacity, power and authority to enter into this agreement and to perform your obligations hereunder. You further confirm that you are not subject to any legal, contractual or other restriction that limits or prevents your ability to accept these terms and conditions. You warrant that you will use the platform in accordance with applicable laws and regulations and that your use will not infringe any third party rights or contravene any applicable regulations.
Your acceptance of this agreement constitutes a binding commitment by you and any entity you represent to adhere to the terms set forth herein and any additional policies posted on the platform. This commitment includes your obligation to ensure that all information provided during registration and use of the platform is truthful, accurate and up to date. Sixteen will not be liable for any breach of these terms by users, and any violation of these terms may result in the suspension or termination of your access to the platform..
2. AGE RESTRICTION
By accessing and using the Sixteen platform, you represent and warrant that you have reached the minimum age of 16 years, thus confirming your eligibility to use the services offered. The use of Sixteen by anyone under the age of 16 is expressly prohibited and subject to strict restrictions.
3. NOTIFICATIONS AND COMMUNICATIONS
By providing your email address to Sixteen, you agree that we may use your email address to send you notifications and other messages, such as changes to service features, news and special content via email. If you do not wish to receive these emails, you may opt out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option included in the emails. Unsubscribing may prevent you from receiving notifications of updates, news or special content related to Sixteen.
4. COMPANIES
4.1.User Registration and Profile
To access the functionalities of Sixteen as a Company, the user must complete the registration process and create a company profile on the platform. The registration and use of a Company account implies the express acceptance of these Terms and Conditions, as well as Sixteen's Privacy Policy.
The registration process requires the Company to provide truthful, up-to-date and complete information, including, but not limited to, the company name, email address, contact number, information about the sector in which it operates and any other information that may be required for the creation of the profile. Sixteen reserves the right to request additional documentation proving the identity and legitimacy of the company if necessary.
The user registered as a Company will be responsible for the security and confidentiality of their access credentials, undertaking not to share them with third parties. Any activity carried out through the Company's account will be considered to have been carried out by its legitimate owner, who assumes full responsibility for the actions carried out on the platform. In the event of unauthorized access or suspected improper use of the account, the Company must notify Sixteen immediately so that it can take the appropriate measures.
Once registered, the Company may create and manage its profile within the platform, providing additional information about its business, including its description, logo, links to social media and any other relevant data to attract potential Job Seekers. The Company shall be solely responsible for the veracity, integrity and legality of the information published in its profile and in the job offers it publishes within the career mode.
Companies may use the platform to post job offers, receive applications from Job Seekers and manage selection processes. The offers posted must comply with the policies established by Sixteen, they may not contain misleading or discriminatory information or information contrary to the law, and they must clearly describe the requirements, conditions and any other information relevant to the position offered. Sixteen reserves the right to remove or suspend any publication that does not comply with these provisions.
The use of the Company account on Sixteen does not guarantee the availability of candidates or success in the recruitment process. Sixteen acts solely as a digital intermediary and does not participate in the execution or fulfillment of the labor agreements reached between the parties.
Sixteen may suspend or cancel a Company's account if it detects non-compliance with these Terms and Conditions, fraudulent use of the platform, publication of inappropriate content or any other activity that affects the integrity of the service or other users.
Companies may at any time modify or update their profile information through their account settings. Likewise, if they wish to close their account, they may do so by following the procedure established by Sixteen. However, the deletion of the account does not exempt the Company from its responsibilities arising from the previous use of the platform nor does it affect the rights acquired by other users with respect to ongoing selection processes.
4.2. Job Offers
Companies registered with Sixteen can publish job offers in career mode with the aim of receiving applications from job seekers interested in the vacancies available. By publishing a job offer, the Company declares that all the information provided is truthful, clear and accurate, and that the offer complies with the applicable legal provisions regarding labor and hiring.
The publication of job offers on the platform is subject to the following guidelines:
· The offer must contain detailed information about the position, including title, description, requirements, location, type of agreement, hours, salary range (if applicable) and any other relevant information for the Job Seeker.
· It is not permitted to publish offers that contain misleading, inaccurate or discriminatory information or that violate applicable employment regulations.
· The publication of offers that require advance payments from Job Seekers is not permitted, nor are those that offer fraudulent, pyramid or deceptive business schemes.
· Sixteen reserves the right to review, suspend or remove any job posting that violates these terms, without notice and at its sole discretion.
Companies can manage their job offers and the applications received through the control panel in their user account. From this section, they will be able to view, manage and make decisions about the profiles of the Job Seekers who have applied to their offers, including the possibility of accepting, rejecting or contacting the candidates.
Companies understand and accept that Sixteen does not intervene in the selection processes nor does it guarantee the suitability or veracity of the information provided by the Job Seekers. It is the sole responsibility of the Company to evaluate and validate the credentials and background of the candidates before making any hiring decision.
The publication of a job offer on the platform does not guarantee that the Company will receive applications or that it will be able to make a hiring decision. Sixteen is not responsible for the quantity or quality of the applications received or for the effectiveness of the selection processes carried out by the Company.
Job offers may remain active for as long as the Company determines, unless they are eliminated by the Company itself or withdrawn by Sixteen in the event of non-compliance with these Terms and Conditions. Once an offer has been closed, it cannot be reactivated, but the Company will have the option to create a new similar offer at any time.
Sixteen may, at its sole discretion, implement mechanisms to promote job offers within the platform through additional services that increase the visibility of published offers. Access to these features may be subject to additional costs depending on the plans and options available on the platform.
Companies are responsible for complying with all legal obligations derived from the published job offers and the recruitment process of Job Seekers, including respect for labor laws, data protection laws and any other applicable regulations in the jurisdiction in which they operate. Sixteen assumes no responsibility in relation to the labor or contractual relationships that may arise from the use of the platform.
4.3. Subscription Plans
Companies registered with Sixteen can access subscription plans that give them access to various functionalities and advantages in the publication and management of job offers within the platform. Subscription plans may include benefits such as greater visibility of published offers, access to advanced candidate selection tools, an increase in the number of simultaneously active offers, etc.
Subscription to a plan is voluntary and is activated upon completion of the payment process through the payment methods available on the platform. The Company accepts that the subscription is recurring and that the payment will be collected automatically on a monthly basis on the same date as the subscription was started. It is the user's responsibility to ensure that the registered payment method is valid and has sufficient funds to cover the subscription amount in each billing period.
In the event that the payment cannot be processed for any reason, Sixteen may temporarily suspend or restrict access to the features included in the subscription plan until the payment is successfully completed. If the Company does not regularize the payment within a certain period of time, Sixteen may cancel the subscription and eliminate any benefits associated with the purchased plan.
The Company may request cancellation of the subscription at any time through the account settings panel. However, to avoid being charged for the next billing period, the cancellation request must be made before the monthly renewal date, which corresponds to the same day of each month that the subscription began. If the Company requests cancellation after the billing date, the subscription will remain active until the end of the current billing cycle and there will be no refund for the period already billed.
Cancellation of the subscription implies the loss of access to the premium functionalities of the contracted plan as of the end of the current period. The Company may continue to use the platform with the standard functionalities available to all users, unless it decides to subscribe to a payment plan again in the future.
Sixteen reserves the right to modify the characteristics, prices and conditions of the subscription plans at any time. In the event of changes to the terms of the subscription, the Company will be notified with reasonable advance notice through the means of communication provided in its user account. Continued use of the platform after the modifications come into effect will be considered express acceptance of the new terms.
Sixteen does not guarantee that the functionalities offered in the subscription plans will be available uninterruptedly, although reasonable efforts will be made to minimize any service interruption. Likewise, subscribing to a plan does not guarantee that a certain number of applications will be obtained for published job offers or that the Company's selection processes will be successful.
All transactions related to the subscription are subject to the platform's payment policy and the terms established by the payment providers used by Sixteen. The Company acknowledges and accepts that Sixteen is not responsible for technical failures, delays or problems in the processing of payments that are attributable to third-party financial service providers.
5. JOB SEEKERS
5.1. Registration and User Profile
To access Sixteen's features such as the Job Seeker, the user must complete the registration process and create a personal profile on the platform. The registration and use of a Job Seeker account implies the express acceptance of these terms and conditions, as well as Sixteen's privacy policy.
The registration process requires the user to provide truthful, up-to-date and complete information, including, but not limited to, their name, email address, contact number and any other information that may be required for the creation of the profile. Sixteen reserves the right to request additional documentation to verify the user's identity if necessary.
The user will be responsible for the security and confidentiality of their access credentials and undertakes not to share them with third parties. Any activity carried out through the Job Seeker's account will be considered to have been carried out by its legitimate holder, who assumes full responsibility for the actions carried out on the platform. In the event of unauthorized access or suspected improper use of the account, the user must notify Sixteen immediately so that it can take the appropriate measures.
Once registered, the Job Seeker will be able to create and manage their profile within the platform, providing additional information about their work experience, skills, studies, profile photo and any other relevant data for their job search. The user will be solely responsible for the veracity, integrity and legality of the information published in their profile and in their applications for job offers.
Job Seekers can use the platform to search for job opportunities and apply for job offers posted by Companies in career mode. Likewise, in quick job mode (only available in the mobile application), Job Seekers can post job requests and swipe through the available offers, accepting or rejecting those that interest them. When a request is accepted, they can start a conversation with the other user via chat to define the details of the job, such as date, time and payment.
The use of the Job Seeker account on Sixteen does not guarantee employment or the effectiveness of the selection processes. Sixteen acts solely as a digital intermediary and does not participate in the execution or fulfillment of the agreements reached between users.
Job Seekers will be responsible for their behavior within the platform and for the proper use of the tools provided. They may not use the platform to carry out fraudulent activities, send false information or participate in practices that violate the rights of other users. Sixteen reserves the right to suspend or delete any account that violates these provisions.
Job Seekers may modify or update their profile information at any time through their account settings. Likewise, if they wish to close their account, they may do so by following the procedure established by Sixteen. However, deleting the account does not exempt the user from their responsibilities derived from previous use of the platform, nor does it affect the rights acquired by other users with respect to ongoing selection processes.
5.2. Career Mode
Job Seekers registered on Sixteen can access the career mode to explore and apply for job offers posted by Companies within the platform. This mode allows users to view available job opportunities, filter offers according to different criteria, find out details about vacancies and apply directly to those that are of interest to them.
By applying for a job offer, the Job Seeker accepts that their profile information, including their name, work experience, skills and any other relevant data they have provided, will be shared with the Company that posted the offer. Applying for a job does not guarantee that the Company will consider the application, contact the user or that an agreement will be formalized. The decision to move forward with a selection process is exclusively that of the Company publishing the offer.
Job Seekers can manage their applications through the control panel available in their user account, where they can view the status of their applications, receive updates from Companies and, if selected, continue with the next stages of the recruitment process. Companies can contact Job Seekers through the platform to request additional information, schedule interviews or take any other action related to the selection of candidates.
Job Seekers are responsible for ensuring that the information provided in their profile and applications is truthful, complete and up to date. The use of false, misleading or inaccurate data in applications may result in the suspension or deletion of the user's account, at Sixteen's discretion.
Sixteen does not intervene in the Companies' selection processes or hiring decisions. The platform acts solely as a digital intermediary, facilitating contact between users, but without participating in evaluations, interviews or any other procedure that the Companies decide to implement for the selection of candidates. Any employment or contractual relationship that may arise from an application through the career mode will be exclusively between the Job Seeker and the Company, and Sixteen assumes no responsibility whatsoever with respect to the hiring, working conditions, payments or fulfillment of agreements between the parties.
The Job Seeker acknowledges that Sixteen does not guarantee the availability or quality of the offers published in the career mode. Offers may be modified or eliminated at any time by the Companies, and Sixteen is not responsible for changes in the terms of a vacancy or for the lack of response from the Company.
Sixteen may establish mechanisms to highlight or promote certain job offers within the career mode, without this implying a guarantee of recruitment for Job Seekers or a validation of the quality or legitimacy of said offers. Users should carefully evaluate each offer before applying and, in case of doubt, communicate directly with the hiring Company through the means enabled on the platform.
Improper use of the application system is prohibited, including mass applications without any real intention of participating in the selection processes, sending irrelevant information or contacting Companies for purposes unrelated to the job search. Sixteen may take any measures it deems necessary in the event of detecting activities that affect the proper functioning of the platform or impair the experience of other users.
5.3. Fast Work Mode
Sixteen's Fast Work mode, available exclusively in the mobile application, allows Job Seekers to connect with other users in an agile and direct way to access immediate job opportunities. Through this mode, users can post job requests, indicating the type of work they are looking for or the services they offer, while other Job Seekers can swipe between the available offers to accept, reject or save them for later review.
By swiping to the right, the user indicates their acceptance of the offer, which enables the possibility of starting a conversation through the platform's chat system. In this chat, users can agree on the specific terms of the job, including details such as date, time, location (if applicable), and payment. The agreements made in this context are the sole responsibility of the users involved and Sixteen does not intervene in their execution, fulfillment or verification of the terms agreed between the parties.
To optimize the experience and provide greater clarity in the agreements reached, Sixteen incorporates an artificial intelligence-based system that analyzes chat conversations between users and automatically generates a digital agreement that records the terms discussed. This agreement is generated when the user presses the “Offer” button, thus formalizing the agreements reached through the chat. This agreement is a reference document between users, without this implying any validation or guarantee by Sixteen regarding its compliance, validity or legal enforceability.
The use of the fast work mode implies the responsibility of users to carefully evaluate opportunities before accepting them, as well as to ensure that any agreement made is clear and viable. Sixteen does not supervise, mediate or resolve disputes related to agreements made in this mode of the platform, and users understand that any breach, fraud or problem arising from a contract will be resolved exclusively between the parties involved, without the platform assuming any responsibility.
Users who post job requests in the fast work mode must provide clear and accurate information about the jobs offered, avoiding misleading or fraudulent data. Sixteen reserves the right to remove any post that violates these terms or that violates the platform's policies.
Sixteen does not guarantee the availability of offers or the quantity of job opportunities in the fast job mode. The platform simply acts as a technological intermediary that facilitates the connection between users, without implying any responsibility for the agreements reached or for the quality, safety or conditions of the jobs posted.
Improper use of the fast work mode, including sending inappropriate messages, posting misleading offers or accepting jobs with fraudulent intentions, may result in the suspension or deletion of the offending user's account. Sixteen may take any action it deems necessary to ensure the integrity and proper functioning of the platform.
5.4. Subscription Plans
Job seekers registered with Sixteen have the option of subscribing to payment plans that give them access to additional functionalities within the platform. These plans may include benefits such as greater visibility in their applications to job offers, priority access to certain job opportunities, advanced tools to optimize their profile, exclusive notifications about new offers and any other functionality that Sixteen may incorporate with the aim of improving the user's job search experience.
Subscription to a plan is voluntary and is activated upon completion of the payment process using the payment methods enabled on the platform. By subscribing, the user accepts that the subscription has a recurring duration, subject to automatic renewal in each billing period, which will be informed at the time of contracting the plan. It is the user's responsibility to ensure that their registered payment method is valid and has sufficient funds to cover the subscription amount in each billing cycle.
In the event that the payment cannot be processed due to insufficient funds, invalid payment method or any other reason, Sixteen may temporarily suspend or restrict the user's access to the premium features of the contracted plan until the payment is made correctly. If the user does not regularize the payment within a certain period of time, Sixteen may cancel the subscription and revoke the benefits associated with the plan.
The user may request the cancellation of the subscription at any time through the configuration panel of their account. However, the plan will remain active until the end of the current billing period, without this generating the right to a refund for the remaining time of the subscription cycle. Once the billing period has ended, the user will lose access to the premium features and will continue to use the platform with the standard tools available to all Job Seekers.
Sixteen reserves the right to modify the conditions, characteristics and prices of the subscription plans at any time. In the event that changes are made that affect a subscribed user, the user will be notified with reasonable notice through the means of communication provided in their account. Continued use of the platform after such modifications have taken effect will be considered express acceptance of the new terms.
Subscribing to a plan does not guarantee that the user will receive a certain number of job opportunities, responses from Companies or success in the selection processes. Sixteen acts solely as a technological intermediary, facilitating the connection between users, but without intervening in hiring decisions or in the interaction between Job Seekers and Companies.
All transactions related to the subscription are subject to the platform's payment policy and the terms established by the payment providers used by Sixteen. The user acknowledges and accepts that Sixteen is not responsible for technical failures, delays or problems in the processing of payments attributable to third-party financial service providers.
5.5. Rating System
Users of Sixteen will be able to participate in the rating system once they have completed an agreed task through the platform. This system allows both Job Seekers and Companies to rate each other with the aim of promoting transparency, trust and quality in work interactions within the platform.
When a job is finished, users can award a rating based on their experience, using the rating scale established by Sixteen. In addition to the numerical rating, they can include additional comments describing their experience with the other party. These ratings and comments will be visible within the platform and may influence future job opportunities, as they provide relevant information for other users who are considering establishing a working relationship with the rated person.
The Job Seeker is responsible for providing ratings and comments in an objective, truthful manner and in accordance with the principles of respect and professionalism. The use of the rating system to harass, defame or unjustifiably harm other users is not permitted. Sixteen reserves the right to review, delete or moderate any rating or comment that it deems inaccurate, malicious or contrary to the platform's policies.
The ratings reflect the opinion of the users and do not represent an official assessment by Sixteen. The platform does not guarantee the accuracy, impartiality or veracity of the ratings, nor is it responsible for the opinions expressed by users through the evaluation system. Each user must consider the ratings and comments at their own discretion when interacting with other users on the platform.
Once a rating has been published, the user will not be able to modify or delete it unilaterally. However, in the event that a rating is objected to as unjustified, false or in violation of the terms of the platform, the affected user may request its review from Sixteen, providing sufficient evidence to justify the request. Sixteen will evaluate the situation and determine, at its sole discretion, whether the contested rating should be removed or modified.
Improper use of the grading system, including the manipulation of scores, the exchange of fraudulent grades or the publication of false information, may result in the suspension or deletion of the account of the user responsible. Sixteen reserves the right to take any action necessary to ensure the integrity and proper functioning of the evaluation system within the platform.
6. USER CONTENT
Sixteen users can generate and publish content on the platform through various interactions, including creating profiles, posting job offers, writing job requests, sending messages in the chat system and participating in the ratings system. By generating content on the platform, the user grants Sixteen a non-exclusive, global, transferable, sublicensable and royalty-free license to store, use, reproduce, modify, adapt, publish, distribute and display such content for the purpose of operating, improving and promoting the platform. This license is extended only to the extent necessary for the provision of Sixteen's services and functionality, without implying the transfer of property rights over the user's content.
The user is solely responsible for the content they generate, publish or share on the platform and declares that said content does not infringe the rights of third parties, including intellectual property rights, privacy rights or any other legally protected right. Sixteen does not actively monitor or edit the content posted by users, but reserves the right to remove, modify or restrict any content that it deems, at its sole discretion, to be in breach of these Terms and Conditions, inappropriate or that may affect the security and integrity of the platform.
It is strictly forbidden to publish, share or distribute through Sixteen content that:
· Is false, misleading or fraudulent.
· Contains offensive, defamatory, abusive or threatening language.
· Incitates or promotes discrimination, hatred, violence or any form of illegal conduct.
· Includes material that infringes copyright, trademarks or other intellectual property rights without proper authorization.
· Contains personal data of third parties without their express consent.
· Promotes pyramid schemes, financial fraud, or illegal or deceptive activities.
· Contains viruses, malware, or any malicious code designed to affect the operation of the platform or other users' devices.
· Displays images, videos, or any other type of material that is considered inappropriate or that violates legal regulations regarding explicit or sensitive content.
· Interfere with the proper functioning of the platform, including the manipulation of rating systems, the publication of automated content or the generation of artificial traffic.
· Be intended to harass, intimidate or harm other users of the platform.
Sixteen may, at its sole discretion, take the necessary measures in case of non-compliance with these provisions, including the suspension or elimination of the offending content, the restriction of functionalities for the responsible user and, in serious or repeated cases, the suspension or definitive cancellation of the offending user's account.
The user acknowledges and accepts that any content published on the platform may be visible to other users and that Sixteen assumes no responsibility for the use that third parties may make of the shared content. Users are advised to exercise discretion when providing information on the platform and to avoid posting sensitive data that they do not wish to share with others.
Sixteen will not be liable for any damage, harm or controversy arising from the content generated by users within the platform. In the event of a dispute between users due to published content, they must resolve their differences independently, without Sixteen acting as a mediator or assuming any responsibility for such disputes.
7. CHAT AND MESSAGING
The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:
· Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including Sixteen staff.
· Send messages of a sexual or pornographic nature.
· Send messages that promote illegal activities.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
· Repeatedly send the same message. Spamming is strictly prohibited.
· Imply or assert that any statement you make is endorsed by Sixteen, without Sixteen's prior written consent.
· Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
· Use the platform to collect personal data from users.
Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user's account, with or without notice and without the right to compensation.
Sixteen reserves the absolute right to alert and notify the competent authorities of any suspicious, fraudulent, illegal activity or activity that violates these terms and conditions. If behavior is detected that may constitute a crime, a legal violation or a threat to the security of the platform or other users, Sixteen may provide law enforcement agencies with the information necessary for them to carry out the corresponding investigations or prosecutions, in accordance with applicable laws.
8. LIMITATION OF LIABILITY
Sixteen is a digital platform that acts exclusively as a facilitator of communication between users, allowing them to post job offers, apply for job opportunities, interact through the chat system and generate agreements through the automated agreement system. The platform does not intervene in, supervise or guarantee the quality, veracity, legality, fulfillment or accuracy of the agreements entered into between users, who acknowledge and accept that the execution of any agreement reached through Sixteen is their sole responsibility.
Sixteen assumes no responsibility for breach of contract, fraud, misconduct, damages or losses that may result from interactions between users. It does not verify the background, employment references, identities or qualifications of users, and therefore each user is solely responsible for evaluating and confirming the suitability of the parties before formalizing any agreement. Users are advised to exercise caution, verify the information provided and clearly define the terms of their agreements before accepting any employment relationship or provision of services.
The agreement generated automatically by the platform based on the conversation between users is based solely on the terms discussed between the parties within the Sixteen chat system. This agreement does not constitute a legal guarantee of compliance nor a document certifying rights or obligations that are enforceable outside the platform. Sixteen does not guarantee the authenticity, accuracy or integrity of the information reflected in these agreements and is not responsible for errors, omissions or inconsistencies in the registered terms. If users require greater legal certainty in their agreements, they should take additional measures, including formalizing written contracts or seeking advice from legal professionals.
Sixteen will not be liable for any loss of income, business interruption, loss of opportunity or any other direct, indirect, incidental, special, punitive or consequential damages that may arise from the use of the platform or the inability to access it. It does not guarantee the continuous availability of the service nor is it responsible for technical failures, interruptions, errors in data streams or security breaches that may affect access to or the functioning of the services offered.
By using Sixteen, users accept that they assume all risks associated with their interactions on the platform and that Sixteen cannot be held responsible for any consequences arising from such interactions.
9. LICENSE TO USE THE PLATFORM
Sixteen grants the user a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, non-sublicensable license to download and use the Sixteen mobile application, available through the App Store and Google Play Services. This license includes access to modified versions, updates, upgrades, enhancements, extensions, add-ons and copies of the app, if available. The exclusive purpose of this license is to allow the user to access and use the functionalities offered by the platform in accordance with the terms and conditions set forth in this agreement.
The user agrees to use the platform diligently, lawfully and in full compliance with applicable regulations, refraining from any activity that is negligent, fraudulent, harmful or in any way compromises the integrity of Sixteen, its services or the experience of other users. Use of the platform for actions that may damage the reputation, interests or rights of Sixteen, its affiliates or third parties is strictly prohibited, including but not limited to:
· Attempting to access unauthorized systems or reverse engineer the platform.
· Employ automated techniques to interact with the platform in an unauthorized manner.
· Engage in activities that may disrupt, overload or compromise the technical operation of the platform.
Sixteen reserves the right, at its sole discretion, to suspend or terminate the user's access to the platform immediately and without liability to the user, in the event that any breach of the stated conditions is detected. This cancellation may be carried out with or without prior notice, depending on the nature and severity of the breach. In addition, Sixteen reserves the right to take legal action if the improper use of the platform generates economic, technical or reputational damage to the company or third parties.
The user acknowledges that the license granted is revocable and that its continuity depends on full compliance with these conditions. Any unauthorized or prohibited use of the platform may result in the immediate termination of this license and the adoption of the necessary legal measures to protect the rights and interests of Sixteen.
10. COPYRIGHT
All Sixteen content that does not belong to the Content Creators, including, without limitation, names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, software and other elements are protected by copyright, trademarks and/or other intellectual property rights owned and controlled by Sixteen Solutions LLC and Cowell IP Company LLC. You acknowledge and agree that all materials on Sixteen are made available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the express prior written permission of Sixteen Solutions LLC and Cowell IP Company LLC. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Sixteen or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. COPYRIGHT INFRINGEMENT
Sixteen will respond to all queries, complaints and claims related to alleged infractions or violations of the provisions contained in Cyprus and international laws on copyright and intellectual property. Sixteen respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
· A statement that specifically identifies the location of the infringing material, in sufficient detail so that Sixteen can find it on the platform.
· Your name, address, telephone number and email address.
· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
· An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
12. PROHIBITED ACTIVITIES
The following activities are prohibited:
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the platform for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the platform into any other platforms or Service without our prior written authorization.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Sixteen.
· Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
13. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Sixteen provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet Services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Sixteenfor any loss or damage caused as a result.
Sixteen shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Sixteen excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Sixteen and Sixteen shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Sixteen.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and Content Creators against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.
15. CHANGES
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.
16. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Sixteen, shall constitute the entire agreement between you and Sixteen concerning and governs your use of the platform.
17. SEVERABILITY
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
18. FORCE MAJEURE
Sixteen shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
19. TERMINATION
Both the user and Sixteen acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Sixteen reserves the right to unilaterally terminate the user's access to and use of the platform. Sixteen may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Sixteen shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by Sixteen: If Sixteen fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Sixteen in writing of the breach and allow a reasonable time for Sixteen to remedy the situation. If Sixteen does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
20. DISPUTE RESOLUTION
Any dispute, claim or controversy arising between a user and Sixteen in relation to these terms and conditions and the use of the website, will be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.
First, both parties agree to make every effort to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users may contact Sixteen via the contact information to raise any dispute. Sixteen undertakes to respond within a reasonable period of time, providing an opportunity to resolve the problem without resorting to formal proceedings.
If the parties fail to resolve the dispute informally within thirty (30) days of the initial notification of the dispute, the dispute shall be submitted to mediation. Mediation shall be conducted before a neutral mediator selected by mutual agreement of the parties. If the parties fail to agree on a mediator within an additional fifteen (15) days, a mediator will be appointed through a recognized mediation agency. The costs of the mediation will be shared equally between the parties, and the mediation will be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.
If the mediation does not result in a resolution satisfactory to both parties, the dispute shall be resolved by binding arbitration in accordance with the applicable commercial arbitration rules or those of a similar internationally recognized body. The place of arbitration shall be in Cyprus. The language of the arbitration shall be English.
The arbitrator shall have exclusive authority to resolve the dispute, including the determination of the applicability and validity of these dispute resolution terms. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to take the dispute to court or to participate in a class action.
This dispute resolution clause does not prevent Sixteen from seeking injunctive or equitable relief in the event of a violation of intellectual property rights, misuse of the website, or any act that may cause irreparable damage, in which case it may proceed directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.
By agreeing to these terms, users expressly waive any right to a jury trial and agree that all disputes shall be resolved in accordance with the procedures set forth in this clause, with the aim of minimizing the costs and time associated with formal litigation. The parties shall bear their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided for by the arbitrator.
21. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and interpreted in accordance with the laws of Cyprus. Any dispute related to these terms shall be subject to the exclusive jurisdiction of the courts of Cyprus. This applies unless binding arbitration is agreed in the corresponding section.
22. FINAL PROVISIONS
The use of our platform and the services offered on our platform is conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of our platform will be subject to these requirements.
In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
23. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:
support@sixteen.com