Come Together Terms and Conditions

Provider: Bitopia LLC Platform: Come Together Website: https://cometogether.ar Contact: [email protected]

1. Introduction and Acceptance

These Terms and Conditions (hereinafter, the "Terms") govern access to and use of Come Together (hereinafter, the "Platform"), a technological service developed and provided by Bitopia LLC, a company organized under the laws of the State of Florida, United States, with its registered address at 20900 NE 30th Ave, Fl 8, Aventura, FL 33180, United States.

Come Together allows organizations to create, manage, and offer experiences, communities, events, activities, bookings, content, services, and other digital or in-person functionalities.

By accessing or using the Platform, users accept these Terms to the extent that they apply to their relationship with Bitopia LLC.

When an Organization has entered into a specific commercial agreement with Bitopia LLC, the conditions of such agreement shall also apply, in accordance with the priority rules established between the parties.

If an individual does not accept these Terms, they must refrain from using the functionalities to which they apply.

2. Definitions

For the purposes of these Terms:

Bitopia: Bitopia LLC, the owner and technological provider of Come Together.

Platform: The websites, applications, services, tools, interfaces, modules, and functionalities that form part of Come Together.

Client or Organization: The legal entity, institution, or body that contracts, configures, or manages Come Together services for its own activities.

User: Any person who accesses the Platform, including administrators, operators, members, participants, guests, or other authorized profiles.

Participant: Any person who registers, requests to participate, or participates in an event or activity managed through the Platform.

Member: Any person who is part of a community managed through Come Together, in accordance with the conditions established by the corresponding Organization.

Community: A digital space managed by an Organization to handle members, content, activities, publications, communications, and other resources.

Booking: A request, assignment, or confirmation of the availability of a space, resource, activity, or service through the enabled functionalities of the Platform.

Client Content: Information, documents, photographs, publications, messages, materials, and other content provided by an Organization or its authorized users.

Service Data: Information incorporated or processed through the Platform in relation to the Client's activities.

Third-Party Services: External platforms or providers integrated with or used alongside Come Together.

3. Nature and Scope of Services

Come Together is a multi-product technological platform that allows organizations to create, manage, and offer experiences, communities, events, activities, bookings, content, services, and other digital or in-person functionalities.

The Platform may include, among others, the following capabilities:

• Events and activities: creation, publication, registration, management, accreditation, communications, and participant tracking.
• Communities: creation and management of community spaces, members, publications, activities, content, and resources.
• Bookings: publication of spaces, resources, services, or activities available for booking, availability management, requests, confirmations, and cancellations.
• Operations: management of teams, permissions, access, attendance, communications, and related processes.
• Content: publication and distribution of information, documents, photographs, and other materials.
• Integrations: connection with external authentication, communications, payment providers, and other enabled services.
• Other functionalities: products, modules, tools, and services that Bitopia incorporates into Come Together in the future.

The availability of each product or functionality will depend on the services contracted, enabled, or configured for each Organization.

The introduction of new functionalities does not automatically imply that all Organizations have access to them or that they are included in their existing commercial conditions.

Bitopia provides the infrastructure and technology of the Platform. Unless expressly agreed otherwise, it does not directly organize events, manage its Clients' communities, provide the services published by them, or guarantee the availability of spaces or resources offered through the Platform.

4. Registration, Accounts, and Access

Some functionalities require authentication or a user account.

Users must provide accurate information and keep it updated when applicable.

Each user is responsible for protecting their credentials and preventing unauthorized access to their account.

Organizations are responsible for assigning appropriate permissions to their administrators and authorized users.

Bitopia may apply its own authentication mechanisms or those of third-party providers, depending on the service configuration.

Access through an external identity provider may also be subject to the terms and policies of that provider.

Users must report any suspected unauthorized access or misuse of their accounts.

5. Responsibilities of Organizations

Organizations that use Come Together are responsible for the planning, publication, organization, and management of their own communities, events, activities, bookings, content, and services.

This includes, as applicable:

• Defining registration, membership, booking, and participation requirements.
• Obtaining necessary authorizations and consents.
• Establishing eligibility, admission, and access criteria.
• Verifying information required for their activities and services.
• Managing approvals, responsible parties, and permissions.
• Keeping the availability of spaces, resources, and services up to date.
• Establishing booking, modification, and cancellation conditions.
• Managing communications with members, participants, and users.
• Complying with applicable data protection rules.
• Adopting security measures and protections for participants and users.
• Complying with obligations related to minors.
• Managing prices, cancellations, refunds, and particular conditions of their activities or services when applicable.

Organizations must use the Platform in compliance with applicable laws and ensure that they hold the necessary rights and authorizations regarding the data and content incorporated.

Legal obligations that directly apply to Bitopia as a technological provider are not excluded by this distribution of responsibilities.

6. Users, Members, and Participants

Users, members, and participants must comply with the requirements established by the Organization responsible for each community, event, activity, booking, or service.

Requests for registration, membership, access, or booking may be subject to availability, approval, requirement verification, or confirmation by the Organization.

Submitting a form or request does not automatically guarantee its acceptance, confirmation, or availability.

The statuses of registration, approval, confirmation, booking, and attendance depend on the configured procedures and the decisions of the Organization.

Inquiries related to admissions, activities, bookings, services, or particular conditions must be directed to the corresponding Organization.

7. Minors and Authorizations

Come Together may be used for activities, communities, or services involving minors when the responsible Organization has enabled the corresponding functionalities.

Organizations must determine what authorizations, verifications, and protection measures are necessary depending on the age of the users, the nature of the activities, and applicable legislation.

When a functionality allows the intervention of parents, mothers, or guardians, its use must respect the corresponding legal and operational requirements.

The availability of authorization tools does not replace the legal obligations of the Organization nor does it, by itself, guarantee the validity of an authorization.

Bitopia does not automatically assume responsibility for verifying family relationships, custody, or powers of representation, unless there is a specific legal or contractual obligation.

8. Permitted Use and Restrictions

Users must use Come Together exclusively for legitimate and authorized purposes.

It is prohibited to:

• Access accounts, systems, or information without authorization.
• Attempt to breach authentication or security mechanisms.
• Distribute malware or harmful code.
• Interfere with the availability or integrity of the service.
• Collect information through unauthorized mechanisms.
• Misrepresent identity.
• Incorporate illegal content or content that violates third-party rights.
• Use the Platform for fraud, harassment, or illicit communications.
• Publish misleading information about activities, spaces, bookings, or services.
• Resell or exploit the service without authorization.
• Perform reverse engineering, except in cases permitted by applicable legislation.

The Acceptable Use Policy published by Come Together also applies.

Bitopia may investigate potential violations and adopt proportionate measures, including restrictions, suspension of functionalities, or cancellation of access when appropriate.

9. Communities, Publications, and Bookings

Organizations may use Come Together to manage communities, publish information, offer activities, manage spaces, and handle requests or bookings for services and resources.

Each Organization is responsible for the information it publishes, the participation conditions, the availability of its services and resources, and the decisions related to requests, approvals, bookings, and cancellations.

The publication of an activity, space, service, or resource on Come Together does not constitute an offer made directly by Bitopia LLC, unless expressly indicated otherwise.

When a functionality allows bookings to be made, the confirmation, modification, cancellation, or provision of the service will depend on the conditions established by the corresponding Organization and the functionalities actually enabled.

Organizations must communicate the applicable conditions to their users, including, where appropriate, access requirements, schedules, availability, prices, cancellations, refunds, and usage restrictions.

Bitopia does not guarantee that a publication, booking, or request implies the effective provision of a service by an Organization.

Users must respect the rules of participation and use established by the Organizations, provided that such rules are compatible with applicable legislation and these Terms.

Bitopia may provide tools to manage content, bookings, availability, communications, and operations, without automatically assuming the status of a party in the legal relationships established between an Organization and its users.

10. Intellectual Property

Come Together, its software, design, trademarks, interfaces, documentation, and technological components are the property of Bitopia LLC or its respective licensors.

Use of the Platform does not transfer intellectual property rights to Clients or users.

Bitopia grants the limited rights of access and use that correspond according to these Terms and applicable commercial agreements.

Clients retain the rights that belong to them regarding their own data and content.

The Client authorizes Bitopia to host, process, technically reproduce, transmit, and display the content to the extent necessary to provide the contracted or enabled services.

This authorization does not constitute a general assignment of ownership or permit the free use of photographs, personal data, or user materials for advertising outside the scope of the service.

Comments, suggestions, or improvement proposals may be governed by the specific conditions of applicable commercial agreements.

11. Privacy and Data Processing

The processing of personal information is described in the Come Together Privacy Policy.

Depending on the processing carried out, an Organization may determine the purposes and means of using the data of its members, participants, and users, while Bitopia provides processing services on its behalf.

Bitopia may also process certain data for its own purposes, such as account management, security, billing, or compliance with legal obligations, as appropriate.

Each party must comply with the obligations applicable to it.

The contracting or use of Come Together does not constitute an automatic guarantee of compliance with a particular data protection regime.

Organizations with specific data protection or GDPR requirements may contact Bitopia to evaluate the technical, operational, and contractual feasibility of such requirements.

12. Third-Party Providers and Integrations

The Platform may use external hosting, infrastructure, authentication, communications, and other functionality services.

Organizations may also enable integrations with third-party providers.

The use of external services may be subject to their own terms, policies, and restrictions.

Bitopia does not generally control independent third-party services or guarantee their permanent availability.

Information regarding providers acting as subprocessors can be consulted at:

https://trust.bitopia.digital/subprocessors

The inclusion of a provider in the corporate Trust Center does not necessarily mean that it intervenes in all implementations of Come Together.

13. Communications and Notifications

Come Together may facilitate communications related to communities, memberships, registrations, bookings, events, activities, and administrative operations.

These communications may be sent via email, application notifications, WhatsApp, SMS, or other enabled channels.

The Organization is responsible for determining the recipients and obtaining the necessary authorizations for the communications it configures.

Promotional communications may be subject to additional consent requirements and opt-out mechanisms.

Messaging services are subject to the Come Together Messaging Terms and, where applicable, the policies of third-party providers.

Bitopia does not guarantee the instantaneous or successful delivery of all messages.

14. Fees and Commercial Conditions

Access to certain functionalities may require contracting, subscription, or payment.

Prices, payment terms, billing conditions, taxes, and other commercial obligations will be established through the proposal, order form, MSA, or other applicable agreement.

These Terms do not establish a universal fee for all Clients.

Users, members, and participants are not automatically obligated to pay fees to Bitopia merely by registering for a community, event, or activity, or by requesting a booking.

The economic conditions of the services offered by Organizations are the responsibility of the latter, unless expressly agreed otherwise.

14.1. Payments and Third-Party Providers

Come Together may incorporate functionalities that allow Organizations to manage collections related to events, activities, bookings, services, or other products through third-party payment providers.

When these functionalities are available, transactions may be processed by independent providers, such as Mercado Pago, Stripe, or other enabled services.

Unless expressly stated otherwise, Bitopia LLC shall act as the provider of the technology facilitating the integration and not as a seller of the products or services offered by the Organizations, nor as an entity that receives or holds the funds from such transactions.

Organizations shall be responsible for establishing prices, sales conditions, cancellation and refund policies, tax obligations, and other requirements applicable to their operations.

Payment processing will be subject to the terms, fees, verifications, and policies of the corresponding third-party providers.

The availability of these functionalities will depend on their implementation, enablement, and configuration. Their inclusion in these Terms does not imply that they are currently available nor does it guarantee their future incorporation.

15. Availability, Maintenance, and Modifications

Bitopia will endeavor to keep the Platform operational and may perform maintenance tasks, updates, and improvements.

The service may experience interruptions due to maintenance, technical failures, connectivity issues, external services, or circumstances beyond Bitopia's reasonable control.

Functionalities may evolve over time.

When specific commitments regarding availability, support, or service levels exist, they shall be governed by the corresponding contract or service level agreement.

Bitopia may modify or discontinue functionalities, respecting applicable contractual and legal obligations.

16. Suspension and Termination

Bitopia may restrict or suspend access when justified reasons exist related to:

• Contractual breaches.
• Illegal activities.
• Security risks.
• Unauthorized use.
• Legal obligations.
• Non-payment, when contractually applicable.

The conditions for terminating contracted services shall be governed by applicable commercial agreements.

When reasonably possible, Bitopia will endeavor to notify affected Clients and offer an opportunity to cure, unless urgency, security, or applicable legislation requires other action.

The termination of access does not automatically eliminate pending obligations nor does it, by itself, determine the immediate deletion of all data.

17. Retention, Account Deactivation, and Data Deletion

The retention and deletion of personal data processed through Come Together is governed by the Privacy Policy, the Bitopia LLC Data Deletion Policy, applicable contractual agreements, and corresponding legal obligations.

Account management functionalities may vary depending on the product, application, or configuration of each Organization.

Some applications may allow the deactivation or cancellation of an account directly from their interface. These actions do not necessarily imply the complete deletion of all associated personal data.

Users wishing to request the deletion of their personal data may do so by email at [email protected], regardless of the cancellation functionalities available in each application.

Requests will be verified and evaluated in accordance with Bitopia LLC's data deletion policy and applicable legislation.

When Bitopia processes personal data on behalf of an Organization, the request may require the intervention or authorization of that Organization, depending on its status as the data controller and applicable obligations.

Data deletion may be subject to identity verification requirements, legal retention obligations, security needs, legal claims, and other exceptions permitted by applicable legislation.

Account deactivation, subscription termination, or the end of a contractual relationship do not automatically imply the immediate deletion of all personal data.

18. Warranties and Service Limitations

Bitopia provides the Platform in accordance with the functionalities and commitments expressly established in the applicable agreements.

Except for an express contractual warranty or mandatory legal provision, it is not guaranteed that all functionalities will be suitable for any particular purpose or that the service will remain completely free of interruptions or errors.

Organizations are responsible for evaluating the suitability of the Platform for their particular activities and requirements.

Nothing in these Terms excludes warranties or liabilities that cannot legally be limited.

19. Liability

Each party shall be liable for its own obligations in accordance with applicable legislation and agreements.

Bitopia does not automatically assume liability for organizational decisions, admission criteria, in-person activities, services rendered, bookings, or content independently managed by Clients.

Commercial liability limitations corresponding to a specific contractual relationship shall be governed by the MSA, order form, or other applicable agreement.

In the absence of a specific commercial agreement, any limitation of liability shall be interpreted in accordance with these Terms and corresponding mandatory legal provisions.

No clause excludes liability for conduct or obligations for which the law prohibits such exclusion.

20. Indemnification

Where legally and contractually appropriate, Organizations shall be responsible for third-party claims arising from content they provide, unauthorized uses of the Platform, or breaches of their obligations.

Specific mechanisms for defense, indemnification, notification, and cooperation between Bitopia and its commercial Clients shall be governed by the corresponding agreements.

These Terms do not automatically impose indemnification obligations on users, members, or participants equivalent to those assumed by business Clients via an MSA.

21. Specific Commercial Agreements

The use of Come Together by an Organization may be subject to a Master Subscription Agreement (MSA), order form, commercial proposal, or other agreement entered into with Bitopia LLC.

Where an existing written agreement is in force, its provisions shall prevail in matters expressly regulated and in the event of a contradiction, in accordance with the order of priority established in such instruments.

Participants and users who are not party to those agreements are not automatically bound by their commercial conditions.

22. Amendments to the Terms

Bitopia may update these Terms to reflect changes in services, legal requirements, or operating conditions.

The current version will be available on the Come Together website.

When there are substantial modifications, Bitopia will provide the notifications required by legislation or applicable agreements.

Modifications will not retroactively alter consolidated contractual rights when not permitted by law.

23. Governing Law and Disputes

Unless otherwise required by mandatory legal provisions or specific agreement, these Terms shall be interpreted in accordance with the laws of the State of Florida, United States.

For commercial disputes between Bitopia and an Organization, the jurisdiction rules provided in the corresponding agreement shall apply.

In the absence of a different contractual provision, disputes shall be submitted to the competent courts of Miami-Dade, Florida, to the extent permitted by applicable legislation.

This provision does not limit the rights of consumers, data subjects, or other persons when applicable laws establish mandatory protections or jurisdictions.

24. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.

Failure to exercise a right does not constitute a final waiver of that right.

Commercial relationships between Bitopia and its Clients are independent and do not automatically create partnerships, representations, employment relationships, or joint ventures.

Headings are included for ease of reading and do not alter the scope of the provisions.

25. Contact

Bitopia LLC 20900 NE 30th Ave, Fl 8 Aventura, FL 33180 United States

General inquiries: [email protected]

Trust Center: https://trust.bitopia.digital/

Subprocessors: https://trust.bitopia.digital/subprocessors

For inquiries related to a specific community, event, activity, booking, or service, users should preferably contact the responsible Organization.