TERMS OF CONDITION AND USE

Colkie Technology, S.L. company located at C / General Asensio Cabanillas 27, 28003, Madrid, Spain; with N.I.F. B05387345 (hereinafter, "Sesh") is a platform for communities to interact in a unique way. At Sesh we believe there is a better, more exciting and more meaningful way to belong to a community. Leveraging technology, we bring communities closer together.

Welcome to Sesh!

These are Sesh's terms of use and apply to all users of the platform. "We", "our" or "us" refers to Colkie Technology S.L. "Sesh" refers to this platform and the services we offer.

When we say “Services” in these terms, we mean Sesh’s services, apps, websites, and other products.

When we use "you" or "your", we mean you. If you access our services on behalf of a legal entity (such as your employer), you agree that you have the authority to bind that entity to these terms, and "you" and "your" will refer to that entity.

By using Sesh, you agree to these terms and the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data use practices, please see our Privacy Policy, including our Cookie Policy. We may collect and use your information in accordance with those policies.

Your account

When you create an account, you must provide us with accurate information in good faith and agree to keep your information up to date if it changes. You must be at least 13 years old to create an account. You are responsible for anything that happens when someone logs into your account, as well as for the security of the account. Contact us immediately if you believe your account has been compromised.

If you are unable to access your account, we will need to contact you using the email or phone number associated with your account. If your account is compromised or you no longer have access to your email account or phone number, we may not be able to restore your access to the account or community you have created.

You agree not to license, sell or transfer your account without our prior written approval.

Your Content

When we refer to "your content" in these terms, we mean anything you add (upload, post, publish, share, stream, etc.) to our services. This includes text, links, GIFs, emojis, photos, videos, documents or other media. And if, in the future, we create new ways to add content to the services, they will be included as well.

You are under no obligation to add content to the services. If you choose to do so, it is your responsibility to ensure that you have the right to do so, that you have the right to grant the licenses in this section of the terms and conditions and that your content complies with the law. We are not responsible for your content or the use of your content by others.

Your content is yours, but by using Sesh, you grant us a license. You may be protected by certain intellectual property rights. These do not belong to us, but by using our services, you grant us a license - which is a form of permission - to do the following things with your content, subject to applicable legal requirements, in order to operate, develop and improve our services:

• Use, copy, store, distribute and communicate your content in a manner consistent with your use of the services (for example, so that we can store and display your content).
• Publish, reproduce in public or publicly display content that you have chosen to make visible to others (which means, for example, that we may display your messages if you post them on certain servers or recommend the content to others).
• Control, modify, translate and reformat your content (for example, so that we can resize an image you post to fit on a mobile device).
• To sublicense your content to enable our services to function as they should (for example, so that we can store your content on our cloud service providers).

This license is worldwide, non-exclusive (meaning you may still license your content to others), royalty-free (meaning there is no charge for this license), transferable and perpetual.

We reserve the right to block, remove or permanently delete your content if it violates these Terms, the Community Guidelines, our other policies or any applicable law or regulation, poses a danger to Sesh, or adversely affects the experience or interests of other Sesh users.

Third Party Content

In addition, our services may grant you access to third-party content. You may not use this content without the permission of its owners, except as permitted by law. The content of others belongs to them and does not necessarily represent the views of Sesh. Sesh does not endorse the content created by its users and does not verify its accuracy or reliability. We work tirelessly to make Sesh a safe, positive and inclusive place, but we cannot prevent you from encountering content that you may find objectionable or offensive. You agree not to hold us responsible for any harm that such content may cause you. You may report content that, in your opinion, violates any of our policies, and we may review such reports and block or remove content that we find to be objectionable or offensive, but we are not obligated to do so.

In addition, our services allow you to access third-party websites, features, applications or other content. We provide this access to you only to make things easier for you and we are not responsible for the content or services that are available on such websites or resources.

Sesh’s creations

Our creations are protected by copyright, trademark and trade secret laws. Examples of our creations include the text on the site, our logo and our code base. We grant you a license to use our logo and other copyrights or trademarks to promote your Sesh site. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you written permission. Please ask if you have any questions.

User Agreement

By using Sesh, you are required to adhere to our Community Guidelines and our Terms of Service, both of which expressly forbid objectionable content and abusive behavior. You acknowledge and understand that Sesh maintains a strict policy of zero tolerance for such conduct.

Objectionable Content

Objectionable content, as determined by Sesh, encompasses a range of categories outlined in our Community Guidelines. This includes but is not limited to: illegal, offensive, harmful, threatening, abusive, harassing, defamatory, or libelous content, content that infringes on the rights of others, or content that is in any way harmful to minors.

Abusive Users

Abusive behavior is detailed in our Community Guidelines and includes, but is not limited to, actions that harass, intimidate, stalk, or otherwise disrupt the experience of other users. This also encompasses actions that infringe or violate another person's rights, including rights to privacy and publicity.

Consequences

Any violation of our Community Guidelines or Terms of Service can result in enforcement actions which may include, but are not limited to, warnings, account restrictions, suspension, or termination. Sesh reserves the right to investigate and take appropriate legal action, up to and including reporting violators to law enforcement authorities, against anyone who, in Sesh's sole discretion, violates these provisions.

By accepting these terms, you agree to adhere to the aforementioned policies and acknowledge that your use of Sesh is contingent upon this agreement. Should you encounter any user, post, or community in violation of these guidelines, we encourage you to report them via the mechanisms outlined in our Community Guidelines.

Your right of termination

You can stop using Sesh services at any time and for any reason. You can permanently delete your account at any time by going to your profile settings on Sesh.

Our right of termination

In accordance with applicable law, we may terminate or suspend your account at any time at our discretion. You may not bring a claim against us for suspending or terminating someone else's account, and you agree that you will not bring such a claim. If you attempt to bring such a claim, you are liable for all damages, including attorneys' fees and costs. All provisions of these terms and conditions that, by their nature, should survive termination will survive termination.

We reserve the right to suspend or terminate your account or your access to some or all of the Services, with or without notice, at our sole discretion, for the following reasons:

• You breach these terms, our policies, or additional terms that apply to specific products.
• We are required to do so to comply with a legal requirement or court order.
• We reasonably believe that termination is necessary to prevent harm to you, us, other users or third parties.
• If allowing your account to remain active, giving you access to some or all services, or hosting your content may constitute a danger to Sesh, other users or third parties.

However, we will notify you in advance if it is reasonable to do so or if we are required to do so by law.

Your third party applications

You may grant Sesh access to your third-party accounts, such as Google, YouTube, Spotify, Facebook, Instagram, Twitter, TikTok or others, to enable certain Sesh features. Each time you connect your third-party account, that third-party account will present a page describing the information that can be accessed by Sesh. At any time, you may revoke Sesh's access to those accounts.

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, arising out of these terms or relating to your use of Sesh. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, you will be assisting us in our defense. Your indemnification obligation under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Disclaimer of Liability

To the fullest extent permitted by law, Sesh is provided "as is" and without warranty of any kind. Any warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranties are excluded to the fullest extent permitted by law. The laws of certain jurisdictions or states do not allow limitations on implied warranties. To the extent such warranties cannot be disclaimed under the laws of your jurisdiction, we limit the duration and remedies of such warranties to the extent permitted by such laws.The warranty disclaimers under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limitation of liabilities

We do not exclude or limit our liability to you where it is illegal to do so. In countries where the following types of exclusion are illegal, we will be liable for damages you may suffer, but only to the extent that they arise from our negligence, lack of skill or material breach of contract with you.

The information presented on or through the services is provided for informational purposes only. We do not confirm the accuracy, completeness or usefulness of the information. Any reliance you place on such information is solely at your own risk.

In countries where exclusions or limitations of liability are permitted, sesh, its affiliates and our suppliers involved in the creation.

In countries where exclusions or limitations of liability are permitted, to the maximum extent permitted by applicable law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Sesh. Sesh is not responsible for the conduct or content, whether online or offline, of any user of our services.

This disclaimer includes our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Disclaimer

If you are using the services on behalf of a business or legal entity and not in your individual capacity, you will be liable to Sesh and its officers, directors, employees and agents for any claims, liabilities, damages and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your breach of these terms.

Dispute Resolution

We encourage you to contact us if you have a problem. If a dispute arises out of these terms or in connection with your use of Sesh, then the dispute will be resolved in the courts located in Madrid, Spain. Both parties consent to the exclusive jurisdiction and venue of the courts of Madrid for the purpose of resolving such dispute. Spanish law governs these terms, all other Sesh policies and any dispute arising between you and Sesh.

Waiver, Severability and Assignment

The fact that, in the event of a breach of these terms by you, we do not take action immediately does not mean that we waive any of our rights under the law (such as our right to do so in the future). If any part of these terms and conditions is found to be invalid or unenforceable due to a decision of a court or competent authority, the remainder of these terms and conditions shall not be affected. You may not assign these terms to anyone else without our prior written consent. We may assign our rights to any of our affiliates or subsidiaries, as well as our rights under these terms and conditions.

The Role of Sesh

We proactively analyze some pages and posts on Sesh to ensure that users are following our guidelines. We also investigate reports of possible violations. These investigations may take some time to resolve. In most situations, we will work to resolve any potential violations and allow you to continue using Sesh. Account termination is not an action we take lightly and is done only in the most extreme cases. Sesh reserves the right to delete your account and to stop you from participating in Sesh. Let us know if you see possible violations. As a global company, we must comply with financial penalties and trade restrictions. We are constantly testing new features with the goal of improving Sesh. We may add or remove features and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, we explain those differences in the test. With your permission, we may grant other websites or services the ability to verify information about your Sesh account or perform actions on your behalf. This permission is requested when you connect your Sesh account to these other websites or services. You can learn more in our Privacy Policy.

Application

These terms and the policies referenced herein constitute the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held invalid, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms and all other provisions remain in effect. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce it in the future. We may make changes to these terms and policies. If we make material changes that adversely affect your rights, we will let you know before they become effective. Your continued use of Sesh after a change means you accept the new terms or policies. These terms are an agreement with Colkie Technology S.L, domiciled at C / General Asensio Cabanillas 27, 28003, Madrid, Spain. If you have any questions or concerns, please contact us at info@joinsesh.app

Effective immediately for Sesh users as of May 12, 2023.