Terms and Conditions

This contract describes the terms and conditions applicable to the use of services offered by DEEPCOMPANY ONLINE SERVICES, C.A., registered in the Second Mercantile Registry of the Judicial District of the Capital District, on the twenty-seventh (27) of January, 2015, under No. 123, Volume 5-A-SDO, and registered in the Fiscal Information Registry (R.I.F) under No. J-40529606-2. The Terms and Conditions of GSTORE are an integral part of the General Terms and Conditions of DEEPCOMPANY ONLINE SERVICES, C.A. By accepting the General Terms and Conditions upon registration, the User agrees to the policies contained herein, which are mandatory and binding; otherwise, they should refrain from using the site and its services. The User must read, understand, and accept all the conditions set forth in the Terms and Conditions as well as in other documents incorporated by reference before using the services.

1. OBJECT:

GSTORE allows Users to create their own website and manage their own virtual business through the use of software developed and exclusively owned by DEEPCOMPANY ONLINE SERVICES, C.A., which enables users to create and design their own e-commerce and website.

2. SOFTWARE LICENSE:

The services provided by GSTORE, DEEPYSHOP, and other solutions, as well as all intellectual property rights inherent to the Software, are exclusively owned by DEEPCOMPANY ONLINE SERVICES, C.A., which reserves all rights to the Software that are not expressly granted to the User by this document.

DEEPCOMPANY grants the User a limited, revocable, non-exclusive, and non-transferable license for remote and temporary access and use of the Software, solely for the purpose of developing and maintaining a virtual store hosted on DEEPCOMPANY ONLINE SERVICES, C.A.'s Servers, where the User may offer their own or third-party products or services to their customers through virtual store services.

The User acknowledges that the Software, as well as its structure, organization, and source code, are valuable trade secrets belonging to DEEPCOMPANY ONLINE SERVICES, C.A. Therefore, except for the express permissions granted herein, the User shall not, directly or indirectly, on their own or through third parties; a) modify, adapt, alter, or translate the Software or create derivative works based on the Software; b) distribute, license to third parties, lease or lend, or transfer the Software to third parties in any other way; c) apply reverse engineering tools to decode, decompile, disassemble, or attempt to decipher the Software's source code in any way; and d) transfer third-party rights over their Virtual Store.

3. RESPONSIBILITIES:

DEEPCOMPANY ONLINE SERVICES, C.A., will provide the services as they are, without offering any express, implied, or legal warranties, including those regarding availability, suitability for specific uses or systems, absence of violations or errors. DEEPCOMPANY ONLINE SERVICES, C.A., does not guarantee the continuous and uninterrupted use of GSTORE, therefore Users may not hold DEEPCOMPANY liable or demand compensation for lost profits due to damages resulting from technical difficulties or failures in the systems or Internet or any other type of error.

The User acknowledges and agrees that the liability limitations set forth in this document of Terms and Conditions constitute an essential element of the agreement and therefore are reasonable, as they are crucial for maintaining the economic conditions of the contract.

4. ADDITIONAL GSTORE SERVICES:

GSTORE may provide all or any of the following Additional Services requested by the User, subject to the acceptance of the applicable terms and conditions and payment of any fees, if applicable, by the User:

4.1 Obtaining and registering a second-level domain (‘Domain’) for the Virtual Store in the User’s name.

The User may identify their virtual business using their own domain name or one provided by GSTORE, in which case the User will choose a name as long as it is available and complies with the rules outlined below.

If using a domain of their own, it must be registered with the competent industrial or intellectual property authority and comply with current regulations in the field, as well as any future regulations. DEEPCOMPANY ONLINE SERVICES will provide the User with the necessary DNS information.

The domain name, in any case, must not create confusion with the name of GSTORE regarding other virtual businesses or registered users, nor contain personal data, be offensive, or violate any other rules outlined in the Terms and Conditions or the Law. Domain names that may mislead Users into thinking the content belongs to DEEPCOMPANY ONLINE SERVICES, C.A. will not be allowed. Domain names that could cause confusion with trademarks or intellectual property rights not owned by the User, such as company names or registered trademarks by third parties, will also be prohibited.

DEEPCOMPANY ONLINE SERVICES, C.A., reserves the right to interrupt the service if it deems that the domain name has any of the characteristics referenced in this section, directly or indirectly, or for any other cause not expressly stated herein.

If the User wishes to use the Domain Registration Service, they must designate DEEPCOMPANY ONLINE SERVICES, C.A., and third parties providing domain registration services for GSTORE, as their representatives to obtain, register, and permanently manage the Domains on behalf of the User. The User also authorizes GSTORE and third parties providing domain registration services for GSTORE to select domain registrations and provide the necessary instructions to obtain, register, and manage the Domains. GSTORE provides this service solely for the benefit of the User. By this document, the User expressly waives any actions they may have against DEEPCOMPANY ONLINE SERVICES, C.A., for damages, losses, claims, or expenses related to the obtaining, registration, and/or use of the Domain. Furthermore, DEEPCOMPANY ONLINE SERVICES, C.A., reserves the right to refuse, at its sole discretion, to obtain or register the domain requested by the User and to interrupt the use of the domain if it is already in use.

4.2 Obtaining and registering an internet domain for the Virtual Store in the User’s name

GSTORE allows the registration of internet domains in the .com, .com, .co (only available for Colombia) or .com.mx (only available for Mexico) extensions, to identify the GSTORE store. Once the domain name availability is verified, it will be registered under the User’s ownership.

Registered domains will be subject to annual renewal, which will incur costs. Each user will be responsible for renewing their domain and covering the renewal costs associated with the ownership and management of the domain. Failure to renew the domain on time will result in the termination of the domain.

GSTORE may transfer the User's data before and/or after account termination in order to maintain the domain's validity. Renewal expenses and other related domain maintenance costs will remain the responsibility of the User.

4.3 Other services

GSTORE may offer other compatible and related services. If the User subscribes to these additional services, they must read and accept the corresponding Terms and Conditions.

GSTORE reserves the right to modify the services it provides for equivalent or identical ones without prior notice.

5. VIRTUAL STORE CONTENT:

DEEPCOMPANY ONLINE SERVICES, C.A., does not provide or give any warranty regarding the material contained or published on GSTORE, as they are incorporated by third parties through the Service, including but not limited to the accuracy or truthfulness of the published information, nor does it ensure that the information provided by third-party content providers or Users is free from errors or viruses, technical inaccuracies, or other conditions.

The use of material or information is the sole responsibility of the User or internet user, and DEEPCOMPANY ONLINE SERVICES, C.A., will not be liable for any damages caused by such irregularities, defects, errors, viruses, or technical inaccuracies.

DEEPCOMPANY ONLINE SERVICES, C.A., is not responsible for the existence, accuracy, truthfulness, privacy, operation, modifications, content, offers, or legality of third-party sites linked or hosted through the GSTORE Service.

DEEPCOMPANY ONLINE SERVICES, C.A., will not be responsible for transactions between the User and the owners of virtual businesses. The User of GSTORE cannot post terms or use defamatory, threatening, slanderous, or immoral expressions, nor transmit information or material that may violate third-party rights or contain viruses or other harmful components. In all cases, DEEPCOMPANY ONLINE SERVICES, C.A., reserves the right to extract and edit, partially or fully, any content from the Virtual Store that violates third-party rights, public morals, and legal provisions.

The User agrees to hold DEEPCOMPANY ONLINE SERVICES, C.A., harmless from any amount (if sentenced) that it may be condemned to pay for damages resulting from any illegal act or fact attributable to the User or a third party using the User’s account. The User will be solely responsible for the development, operation, and maintenance of their Virtual Store, including accepting, processing, and recording customer orders through their Store, responding to inquiries, claims, and complaints from customers, or resolving conflicts that may arise in relation to orders or sales through their Store.

GSTORE is not obligated to maintain a backup of the information related to the operations of the User’s Store. The User should take the necessary steps to maintain such information according to their needs and requirements.

The User acknowledges that, by allowing them to publish and distribute their own or third-party products, services, or content, GSTORE and its Software act solely as passive channels for distributing and/or publishing such goods, services, or content in the User’s Store. DEEPCOMPANY ONLINE SERVICES, C.A., warns that it does not review or verify the content of the User’s Store or the products or services offered there.

If GSTORE considers that the User’s Store or any product, service, content, or other material in the Store or on the GSTORE Servers may create any liability for DEEPCOMPANY ONLINE SERVICES, C.A., it may take all necessary measures regarding the content, materials, or the User’s Store to avoid any liability that it should not assume.

DEEPCOMPANY ONLINE SERVICES, C.A., will not be responsible for damages related to the exposure of their publications, product catalog, or digital portfolio of products and services on their online sales channels, virtual store, or Marketplaces through the use of the GSTORE platform, nor for images and texts of any kind.

6. USER'S OBLIGATIONS:

The User acknowledges and agrees that they are solely responsible for the configuration of the virtual business and for the feeding of its content and its regular operation. They must make any necessary adjustments to adapt the virtual business to technical innovations or security measures, or any other type, and optimization determined by DEEPCOMPANY ONLINE SERVICES, C.A.

The User acknowledges and agrees that they are solely responsible for the content of the virtual business and for the domain name used and will hold DEEPCOMPANY ONLINE SERVICES, C.A., harmless for any sum they are condemned to pay judicially or extrajudicially related directly or indirectly to the content of the virtual business or its domain name.

7. PROHIBITIONS:

Users are prohibited from installing, attempting to install, or using any type of program on the server, as well as performing any other practices that could cause harm to the regular functioning of the server.

It is expressly forbidden to store pornographic, racist, or immoral material that violates public morals, good customs, or infringes third-party rights, as well as storing files or any other type of content unrelated to e-commerce.

Adult virtual stores must identify themselves as such. The user agrees to inform GSTORE about the content of their virtual business when contracting the service and whenever DEEPCOMPANY SERVICIOS ONLINE, C.A. requests it. The user is solely responsible for the legality of the products, goods, or services offered through the virtual store and consequently releases DEEPCOMPANY SERVICIOS ONLINE, C.A. from any related responsibility.

It is expressly forbidden to use the service for the mass sending of unsolicited emails or any other type of email that may be considered spam.

It is expressly forbidden to use the virtual business to host third-party content or third-party websites for free or for a fee.

It is expressly forbidden to bypass or alter the technical limitations of the service by any means.

It is expressly forbidden to engage in any action aimed at avoiding authentication or security procedures, network components, or user account data in order to access data, accounts, or servers that the user is not explicitly authorized to access. This prohibition applies whether the attempt is successful or failed, and includes the unauthorized use of scanners or other tools to gain unauthorized access.

Unauthorized monitoring of data or traffic is strictly prohibited, as well as excessive bandwidth usage through programs, scripts, or commands to overload websites of GSTORE, DEEPCOMPANY, or any other.

The user cannot use the storage services for purposes other than hosting and serving e-commerce pages through an internet browser. The user may not use these services to store information unrelated to the operations of the Virtual Store. GSTORE has internal policies and may limit the number of downloads from the user's site if the server's processing capacity, memory, or abuse controls indicate that the user is using the storage services for purposes other than meeting the e-commerce needs of a small/medium independent business.

Failure to comply with any of the provisions of this document 'Terms and Conditions' by the user will constitute a violation and will result in the immediate cancellation and/or termination of the business relationship with DEEPCOMPANY SERVICIOS ONLINE, C.A.

8. FEES:

The user will pay the corresponding fees for the services requested, in accordance with the GSTORE Fee Policy, which is incorporated herein by reference. GSTORE may modify the Fee Policy and the fees charged for its services at any time.

9. AUTHORIZATIONS:

The user authorizes DEEPCOMPANY SERVICIOS ONLINE, C.A., to access the content of the virtual business and attached files whenever necessary or convenient for the proper provision of the service.

The user authorizes DEEPCOMPANY SERVICIOS ONLINE, C.A., to index their online stores or Marketplaces created with DEEPYSHOP or GSTORE in search engines or other traffic generation means offered by Deepcompany. The user also authorizes DEEPCOMPANY SERVICIOS ONLINE, C.A., to use their logo, brand symbol, and company name when the client registers on our platform for advertising purposes or exposure on digital channels.

DEEPCOMPANY SERVICIOS ONLINE, C.A., will not be obligated to inform users of service interruptions necessary for optimization or maintenance of their equipment or software.

DEEPCOMPANY SERVICIOS ONLINE, C.A., may install protection or security programs against external attacks, antivirus, firewalls, software and hardware upgrades without user authorization.

10. CONSEQUENCES FOR NON-COMPLIANCE:

In the event of a violation of the Terms and Conditions, DEEPCOMPANY SERVICIOS ONLINE, C.A., may suspend or terminate some or all services, block any abusive activity, and/or take any action deemed appropriate at its sole discretion without prior notice.

DEEPCOMPANY SERVICIOS ONLINE, C.A., reserves the right to report such violations to the relevant authorities and disclose any information in order to comply with laws, regulations, and/or at the request of the competent authority to cooperate with their resolution.

11. ILLEGAL USE. ABUSE:

DEEPCOMPANY SERVICIOS ONLINE, C.A., will consider the use of the service as abusive if any of the following actions are carried out, which are not exhaustive:

1. Actions that restrict or inhibit anyone from using the products and services offered by DEEPCOMPANY SERVICIOS ONLINE, C.A. and/or GSTORE.

2. Introducing harmful programs or viruses into the network or servers.

3. Exploiting vulnerabilities present in DEEPCOMPANY and/or GSTORE websites.

4. Harassing third parties, networks, or servers, through language, frequency, or size of messages or files.

5. Forging message headers or sender identity, or taking any other action to avoid restrictions or limitations on access to a specific service or any other purpose.

6. Falsifying identity or contact information, or providing false, incorrect, or fraudulent information.

Determining that abusive use has occurred will result in the termination of the business relationship between the user and DEEPCOMPANY SERVICIOS ONLINE, C.A. and/or GSTORE.

12. DISCLAIMER OF LIABILITY.

DEEPCOMPANY SERVICIOS ONLINE, C.A., is the operator of this website GSTORE and the sole owner of any rights related to it. DEEPCOMPANY SERVICIOS ONLINE, C.A., disclaims all liability for direct, indirect, or incidental damages that may occur as a result of the use of this website and its software programs that process user information. All information provided by DEEPCOMPANY SERVICIOS ONLINE, C.A., through processes executed on the website is correct to the best of its knowledge. However, to the extent permitted by law, such processes involving collected and processed information by the user's request, consent, and authorization do not imply any guarantee, promise, or liability that may be enforced against DEEPCOMPANY SERVICIOS ONLINE, C.A., or required from the company.

DEEPCOMPANY SERVICIOS ONLINE, C.A., may, without incurring any liability, modify or close this website entirely or partially at its discretion at any time. The inclusion of links to third-party websites ('hyperlinks') does not imply that DEEPCOMPANY SERVICIOS ONLINE, C.A., endorses the content of these sites. Furthermore, DEEPCOMPANY SERVICIOS ONLINE, C.A., is not responsible for the availability of these websites or their contents.

13. APPLICABLE LAW.

For all purposes of this agreement between the user and DEEPCOMPANY SERVICIOS ONLINE, C.A., Venezuelan law will apply, and the special domicile is established in the city of Caracas, Venezuela.