Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and QueBola!. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between the ages of 13 and 18, you may only use the Service with the consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these age requirements.

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must notify us immediately at support@quebola.app if you suspect any unauthorized use of your account.

4. Content Ownership and License

You retain ownership of all content you create and share through the Service ("User Content"). By posting User Content, you grant QueBola! a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely in connection with operating and providing the Service. This license ends when you delete your User Content or your account, except where your content has been shared with others and they have not deleted it.

5. Prohibited Content and Conduct

You agree not to use the Service to:

• Post, share, or promote hate speech, discrimination, or content targeting individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or immigration status
• Harass, bully, threaten, or intimidate other users
• Upload, share, or distribute illegal content, including but not limited to content that promotes illegal activities, drug trafficking, or human trafficking
• Engage in spam, phishing, or any form of deceptive or fraudulent activity
• Create fake accounts, impersonate others, or misrepresent your identity or affiliation
• Upload malware, viruses, or any harmful code
• Attempt to gain unauthorized access to other users' accounts or to our systems
• Use the Service for any purpose that violates applicable local, state, national, or international law

6. Marketplace Terms

QueBola! provides a marketplace feature that allows users to list and purchase goods. QueBola! acts solely as a platform connecting buyers and sellers. We are not the seller, buyer, or agent of either party. All transactions are between the buyer and seller directly. QueBola! is not responsible for the quality, safety, legality, or availability of items listed. Disputes between buyers and sellers must be resolved between the parties, though we may assist in facilitating resolution at our discretion.

7. Services Terms

QueBola! facilitates connections between users seeking services (such as home services, professional services, and transportation) and service providers. QueBola! is not the service provider and does not employ, endorse, or guarantee any service provider. We are not responsible for the quality, timing, legality, or outcome of any service arranged through the platform. Any agreement for services is solely between the user and the service provider.

8. Payment Terms

All payments processed through the Service are handled by Stripe, Inc. By making a payment, you agree to Stripe's terms of service and privacy policy. QueBola! may charge fees or commissions on transactions conducted through the marketplace, services, or other paid features. Applicable fees will be disclosed to you before you complete a transaction. Refund policies vary by feature and will be communicated at the point of purchase.

9. Subscription Terms

Certain features of the Service may be available through paid subscriptions. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through the app or your device's app store settings. Prorated refunds for partial billing periods are not guaranteed. Subscription pricing and features may change, and we will notify you of any material changes in advance.

11. Community Guidelines

All users must adhere to our Community Guidelines. In summary: treat others with respect, do not engage in harassment or discrimination, do not post illegal content, and do not engage in fraudulent or deceptive behavior. Violation of our Community Guidelines may result in content removal, account suspension, or permanent account termination.

12. Content Moderation

We reserve the right, but are not obligated, to review, monitor, and remove User Content that violates these Terms or our Community Guidelines. We may use automated systems and human review to identify and remove prohibited content. Content removal decisions are made at our sole discretion.

13. Account Termination

We may suspend or terminate your account at any time, with or without notice, if we determine that you have violated these Terms, our Community Guidelines, or applicable law. You may delete your account at any time through the app or by contacting support@quebola.app. Upon account termination, your right to use the Service immediately ceases.

14. Assumption of Risk

You acknowledge and agree that your use of the Service is entirely at your own risk. QueBola! is a platform that facilitates connections between users. We do not verify the identity, background, or credentials of any user, seller, service provider, driver, or content creator on the platform. You are solely responsible for evaluating the trustworthiness of other users and the quality of goods, services, rides, content, or any other offerings available through the Service. Any interactions, transactions, agreements, or disputes between you and other users are strictly between you and those users. QueBola! is not a party to any transaction, service agreement, employment relationship, or ride arrangement between users. We strongly recommend exercising caution and good judgment in all interactions.

15. Indemnification

You agree to indemnify, defend, and hold harmless QueBola!, QueBola LLC, and any of our affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; (e) any transaction, interaction, or dispute between you and any other user; (f) any product you sell, service you provide, ride you offer or accept, or content you publish through the Service; or (g) your violation of any applicable law or regulation. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, GOODS, SERVICES, INFORMATION, OR MATERIAL OBTAINED THROUGH THE SERVICE. WE DO NOT WARRANT THE ACCURACY OF EXCHANGE RATES, DELIVERY TIMES FOR REMITTANCES, OR THE QUALITY OF ANY GOODS, SERVICES, OR TRANSPORTATION ARRANGED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUEBOLA!, JOVANY JIMENEZ, OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY TRANSACTION, INTERACTION, OR DISPUTE BETWEEN YOU AND ANY OTHER USER; (C) ANY CONTENT, GOODS, OR SERVICES OBTAINED THROUGH THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (E) ANY MONEY TRANSFER, REMITTANCE, OR PAYMENT PROCESSED THROUGH THE SERVICE; (F) ANY RIDE, TRANSPORTATION, OR CARPOOL ARRANGED THROUGH THE SERVICE; (G) ANY SERVICE BOOKED THROUGH THE PLATFORM; OR (H) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF: (I) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100 USD).

18. No Obligation to Provide the Service

QueBola! is provided as a free and paid platform at our discretion. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, for any reason or no reason. We are under no obligation to maintain, support, or update the Service. We owe no duty, fiduciary or otherwise, to any user. If you do not agree with these Terms or any changes to them, your sole and exclusive remedy is to stop using the Service and delete your account.

19. Dispute Resolution

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the State of Florida, United States, and shall be conducted in English.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only, and not as a class action, collective action, or representative action. You waive your right to participate in any class or collective proceeding.

Exception:Either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Florida.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and QueBola! regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding the Service.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app, by email, or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

24. Contact Us

If you have any questions about these Terms, please contact us at: