Terms of Service

TERMS OF USE
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use govern your use of churrito.pro and your agreement with us. Here are a few key things to note:

  • We can modify these Terms of Service at any time.
  • If you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it.
  • Your rights may vary depending on where you are resident when you access churrito.pro.
  • If a dispute arises between you and us, you agree to notify us and agree to mediation before bringing any claim against us.

Interpretation: In the Terms of Service:

  • We refer to our website as "churrito.pro", including when accessed via the URL www.churrito.pro;
  • References to "we", "our", "us" are references to Churrito Pro, S.A., the operator of churrito.pro;
  • "Business User": a User who uses churrito.pro for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users;
  • "Consumer": all Users who are not Business Users;
  • "Content": any material uploaded to churrito.pro by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  • "Contract between Fan and Creator": the terms which govern each Creator Interaction;
  • "Creator": a User who has set up their churrito.pro account to post Content for Fans to view;
  • "Creator Earnings": the portion of a Fan Payment payable to a Creator pursuant to these Terms of Service after deducting all fees and applying all relevant tax laws;
  • "Creator Interaction": an interaction on churrito.pro that grants access to a Creator's Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Creator's account or Content, including direct messages;
  • "Fan": a User who has registered for an account and who can access a Creator's Content via a Creator Interaction;
  • "Fan Payment": any payment related to a Creator Interaction;
  • "Include, Includes, and Including" also mean "without limitation";
  • "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction;
  • "Notice, Notify, and Notification": our attempt to share information with you by: sending a message to your churrito.pro account, or sending an email to an address you provide, or posting a letter to the physical address you provide, or sending a text message to or calling a phone number you provide;
  • "Referring User": a User who participates in the churrito.pro Referral Program;
  • "Subscription": a Fan's binding agreement to obtain access for a specific period of time to all content that a Creator makes available to Fans in exchange for authorised automatic renewal payments. This excludes individually priced content;
  • "Subsidiary": a legal entity of which Churrito Pro, S.A., or a Churrito Pro subsidiary, alone or with other subsidiaries, owns, or has the power to vote or control;
  • "Tax": all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction;
  • "Terms of Service" (also called "your agreement with us"): the legally binding agreement between you and us which consists of: (i) these Terms of Use; (ii) Acceptable Use Policy; (iii) Referral Program Terms; (iv) Platform to Business Regulation Terms; (v) Complaints Policy; (vi) Appeals Policy; and (vii) Community Guidelines;
  • "Panama": the jurisdiction where these Terms of Use and the relationship between you and Churrito Pro, S.A. will be governed under the laws of Panama;
  • "Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
  • "User": any user of churrito.pro, whether a Creator or a Fan or both (also referred to as "you" or "your").
 

We may change the Terms of Service:
Where permitted, we may change any part of the Terms of Service without prior notice:

  • To reflect changes in applicable laws and regulations; and/or
  • To address a risk to churrito.pro, to us, to Users, or to relevant third parties.

We may also make other changes and will notify you so you may delete your account before the changes take effect. Once updated, you will be bound by the effective Terms of Service if you continue to use churrito.pro.

We may change, suspend, or deactivate churrito.pro:
We may change churrito.pro from time to time for any reason. We do not guarantee that churrito.pro, or its Content, will always be available or accessible without interruption. We may suspend, withdraw, or restrict the availability of any part of churrito.pro.

Registering with churrito.pro:
By registering with and using churrito.pro, you agree to these Terms of Service. If you do not agree, your sole remedy is to not register or stop being a churrito.pro User. We may reject an account application for any reason. To use churrito.pro, you must register and open an account. You must provide a valid email address, a username, and a password or authenticate using an approved third party. Your password must comply with the churrito.pro password requirements.

To register as a User and open a Fan account:

  • You must be at least 18 years old;
  • You must be able to be legally bound by a contract with us;
  • You must be legally permitted to join, view Content, and use any functionality provided by churrito.pro;
  • You must not be convicted of committing a serious crime; and
  • You agree to pay (where required) for Creator Interactions in accordance with these Terms of Service and the Contract between Fan and Creator.

If you do not meet the above requirements, you must not access or use churrito.pro. You may also be asked to provide additional information prior to account approval.

To open a Creator account, you must also:

  • Upload a valid form of ID and two photos of you;
  • Add a bank account, payment details for your bank account, or a payment method;
  • Select a method ("Payout Option") for us to transfer Creator Earnings to you;
  • If you are registered for VAT, provide your VAT number (if applicable);
  • Submit additional age or identity verification information any time we ask for it;
  • Set a monthly subscription price, if any, for your Fans;
  • Add Content for Users to view when they subscribe to your account and become your Fans; and
  • Provide any additional information we request, which may vary depending on where you live or your nationality.

Adult material:
Some Content on churrito.pro contains adult material, and you acknowledge and agree to this when you access churrito.pro. We are not responsible for any loss or damage you suffer as a result of how or where you view Content.

Content – General Terms

Your Content is not confidential, and you authorize your Fans to access and view your Content on churrito.pro for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.

You are legally responsible for all Content you upload. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with these Terms of Service.

You warrant that, for each item of Content you upload to churrito.pro:

  • It complies with these Terms of Service and all applicable laws;
  • You own your Content (and all intellectual property rights in it) or hold all rights necessary, including licenses, to post and monetize the Content on churrito.pro or the subsequent use of that Content by churrito.pro;
  • If your Content includes or uses any third-party material, you have secured all rights, licenses, written consents, and releases that are necessary for the use of such third-party property in your Content and for the subsequent use of that Content on churrito.pro and by us; and
  • The Content is:
    • Of satisfactory quality, taking into account any description of the Content, the price, and all other relevant circumstances, including any statement or representation which you make about the nature of the Content on your account or in any advertising;
    • Reasonably suitable for any purpose which the Fan has made known to you; and
    • As described by you.

You are liable to and will indemnify us if any warranty in this section of these Terms of Use is untrue. This means you will be responsible for any resulting loss or damage we suffer.

We are not responsible for, do not control, and do not endorse any Content you or any other churrito.pro User posts. We have no direct control over what your Content may comprise and are not obligated to pre-screen Content. We reserve the right to pre-screen, monitor, or reuse Content. We reserve the right to remove Content that violates our Terms of Service.

You agree to act as custodian of records for all Content you upload to churrito.pro.
 

Fan Subscriptions and Purchases
This section applies to Creator Interactions, including Subscription billing and renewals:

Creator Interactions are governed by the Contract between Fan and Creator. We may moderate Content and we facilitate Creator Interactions by providing the churrito.pro platform, but we are not a party to the Contract between Fan and Creator or any other contract between a User and a Creator, and we are not responsible for Creator Interactions.
Creators are solely responsible for determining any pricing applicable to Creator Interactions.
All prices appear, and are charged, in USD. Payment providers may charge currency conversion fees.
Fan Payments are exclusive of Indirect Sales Tax, which shall be added at the current rate as applicable to Fan Payments.

When a Creator receives Notice that the Creator Interaction has been confirmed, that Creator must perform their part of the Creator Interaction. Creators agree to indemnify us for any breach of this obligation and are responsible for any loss or damage we suffer as a result of such failure.

Before entering into a Creator Interaction with a particular Creator, Users must add payment information to their account and then click 'Subscribe' on the relevant Creator's account.
Users authorise us and each Subsidiary to supply payment information details to a third-party payment provider for the purpose of processing Fan Payments.
The payment provider will take:

  • (i) Periodic payments for Fan Payments which are Subscriptions; and
  • (ii) Immediate payments for Fan Payments other than Subscriptions.
    You authorise and consent to each of these payments being debited using your supplied payment information.

If you provide details of more than one payment method and a Fan Payment from the first method fails, we will use the other payment method for the Fan Payment.
When you select "Subscribe," you agree to start a Subscription. A Subscription will automatically renew at the current rate (plus Indirect Sales Tax). You authorise us to charge you again after each Subscription, unless:

  • (i) Your payment is declined and you have not provided another payment method;
  • (ii) The Subscription price has increased;
  • (iii) You switched off the "Auto-Renew" feature on the Creator's account; or
  • (iv) You close your churrito.pro account before the new subscription period begins.
    By selecting "Subscribe," you agree to these provisions, and acknowledge that you will not receive further Notice regarding the renewal of that Subscription.

If you cancel a Subscription, you can view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from you in respect of subscriptions to that Creator's profile (unless you begin a new Subscription to that Creator's profile), and you will no longer be able to view the relevant Creator's Content.

You agree not to make:

  • (i) Unjustified requests for a refund; or
  • (ii) Unjustified chargeback requests of your payment card provider in relation to any Creator Interaction or tip to a Creator.
    If we determine that any refund or chargeback request was made by you in bad faith, we may suspend or delete your User account.

You can prepay an amount on churrito.pro ("Wallet Credits") which you can later use for Fan Payments. Purchases on churrito.pro cannot be divided – if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase.
Wallet Credits are subject to a maximum amount as indicated. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.

 

Creator Payouts:

All Fan Payments will be received and processed by a third-party payment provider we approve.
Our Fee is calculated as 10% of the total Fan Payment and will be deducted from each Fan Payment.
Creator Earnings will only be available for withdrawal when reflected in your churrito.pro account.
To withdraw Creator Earnings from your churrito.pro account, your account balance must meet the minimum payout amount requirement.
All Fan Payments and Creator Earnings are transacted in USD. Your bank or e-wallet company may charge currency conversion or other fees. We do not control currency exchange rates, banking charges, or e-wallet provider charges. We and any Subsidiary are not responsible for paying such charges.
If a Fan successfully seeks a refund or chargeback from their credit card provider of a Fan Payment, we may deduct an amount equal to the Creator Earnings portion of the refunded or chargebacked amount.
Except for Payout Options by direct bank transfer, we do not store the data you disclose when you register your Payout Options with a payment provider.
 

Tax Compliance

General:

Creators are responsible for their own tax affairs and neither we nor any Subsidiary:
(i) are responsible for advising you on your tax affairs or liable for any general tax information provided on churrito.pro or by support@churrito.pro; or
(ii) liable for any Creator's non-payment of tax.

By using churrito.pro as a Creator, you warrant that you have reported, and will report in the future, all payments you receive in connection with your use of churrito.pro to the relevant tax authority in your jurisdiction, as required by law.

If, while you have a churrito.pro account, you become tax non-compliant in relation to your use of churrito.pro or if you are named in any litigation, inquiry, or investigation in connection with, or which may lead to, any tax non-compliance in connection with your use of churrito.pro, we reserve the right to close, restrict payouts from, or restrict earnings from your account.

Compliance Responsibility:
You alone are responsible for ensuring that you make any necessary tax filings and pay any tax due on your earnings on churrito.pro. Failure to comply with your tax obligations may result in your churrito.pro account being closed or suspended.

 

Our Rights and Obligations:

  • We reserve the right to suspend or remove Content that may breach our Terms of Service.
  • We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on churrito.pro.
  • When we review Content in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and Artificial Intelligence and Machine Learning-enabled tools to detect and remove Content that violates our policies.
  • We may use recommender systems by, for example, displaying Creator accounts on your home page that other Users who share subscription preferences similar to yours have chosen to follow.
  • We are not responsible for any loss you claim to have suffered because of any action we take, in accordance with our Terms of Service, to suspend or remove Content.
  • We may suspend or delete Content and accounts according to our Terms of Service. If we do, we will try to notify you.
  • If your account is terminated, we may deal with your Content in accordance with our Privacy Policy. You will not be able to access your Content after your account is terminated.
  • We may review any suspected or alleged misuse, abuse, or unlawful use of churrito.pro and cooperate with law enforcement agencies in such reviews.
  • We may disclose any information or records in our possession or control about your use of churrito.pro to third parties in keeping with our Privacy Policy.
  • We may change which third-party payment providers process Fan Payments.

Other than Content which is owned by or licensed to Creators, we and/or our licensors own all rights in and to churrito.pro and its entire contents.
We are the sole owners of any and all anonymized data relating to your use of churrito.pro and we can use that data for any purpose permitted by law.
We may choose how we communicate with you, including by emails and messages posted to your churrito.pro account.
 

What We Are Not Responsible For:

We will use reasonable care and skill in providing churrito.pro to you, but there are things we are not responsible for, including:

  • Content Posted by Users: We do not control Content that Users post on churrito.pro. We do not choose, endorse, authorize, approve or guarantee the completeness, legitimacy, legality, accuracy, or reliability of any Content Users post on churrito.pro. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on churrito.pro. You may report Content you suspect may be illegal by following our Complaints Policy.

  • Rights Related to Content: We do not grant you any rights in relation to Content.

  • Viewer Identity: Whether your Content is viewed by individuals who recognize your identity.

  • User Feedback: Any suggestions, comments, reviews, or requests that any User provides, accepts, or receives.

  • Creator Earnings: Any promise or guarantee that Creators or Referring Users will generate earnings from churrito.pro.

  • Device Compatibility: Whether churrito.pro is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access churrito.pro.

  • Internet & Hardware Issues: The availability of the internet, or any issues in your hardware or software, that may impact your use of or access to churrito.pro.

  • Account Security: Any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

  • Content Circulation: The circulation of Content recorded in breach of the Terms of Service.

 

Circumstances in Which We May Suspend or Delete Your Account and/or Content, Pause Fan Payments, and/or Withhold Creator Earnings:

  • We may suspend or delete your account with 30 days' Notice, at any time, for any reason;

  • At any time, without warning or Notice and for as long as necessary to review the relevant facts, we may:
    (i) suspend or delete your account and/or your Content;
    (ii) pause Fan Payments which would have been due during the suspension period;
    (iii) withhold any part of your Creator Earnings; and/or
    (iv) suspend, refund, or cancel Fan Payments if:

    1. We think you have or may have seriously or repeatedly breached the Terms of Service;
    2. You attempt, or threaten, to breach the Terms of Service in a way which we think has or could have serious consequences for us or another User; and/or
    3. We suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings.

  • If, based on our review of the relevant facts, we determine that any of the above is true, we may:
    (i) delete your account and/or your Content;
    (ii) treat any part of your Creator Earnings as forfeited; and/or
    (iii) refund or cancel Fan Payments. We will Notify you when we take any such action and will provide a statement of reasons why. If we terminate your Fan account for violating the Terms of Service, Fan Payments, including prepaid Subscription payments, will not be refunded.

  • If you do not dispute our decision within six months of Notification, you waive the right to dispute the decision. You may dispute a Creator Earnings forfeiture decision by following our Complaints Policy and dispute an account termination or Content deactivation decision by following our Appeals Policy. In certain jurisdictions, you may be entitled to bring a claim against us for breach of contract where we remove or restrict access to your Content or the churrito.pro platform in breach of our Terms of Service.

  • If a lien, levy, or other encumbrance is placed on your Creator Earnings, we may withhold any part of your Creator Earnings and may suspend or cancel Fan Payments. We have no duty to make ongoing payments to your creditor(s) and may withhold Creator Earnings until an encumbrance is removed.

  • We may use any part of your Creator Earnings to set off any harm or loss we suffer as a result of your breach(es) of the Terms of Service.

     

    Intellectual Property Rights – Ownership and Licenses:

  • Confirmation of Ownership: You confirm that your Content does not infringe or violate the intellectual property rights of any third party and that you own or have obtained all necessary rights to distribute, copy, display, publicly perform, or otherwise use the Content.

  • License Granted to churrito.pro: You agree to grant us a license to all your Content to perform any act related to the operation of churrito.pro and our related products and services, including reproducing, making available or displaying to the public, distributing, creating derivative works, and otherwise using your Content, including for the purpose of improving the features and functionalities of churrito.pro and our related products and services.

    The license you grant us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable by us.

  • Moral Rights: Except for mandatory provisions of law that apply to you, you waive any moral rights you may have under applicable law to object to the treatment of your Content.

  • Sale of Content: We will never sell your Content to other platforms; however, in the event of a sale of our company or its assets, we may transfer any license you have granted us.

  • Intellectual Property Infringement: While we do not own your Content, you grant us the right to submit notifications of infringement (including copyright or trademark) on your behalf to any third party infringing your Content. We are under no obligation to submit such notifications or to police infringements of your Content.

    Our DMCA Takedown Policy describes our procedures for responding to reports that infringing content was published on churrito.pro. Our Complaints Policy explains how to file a complaint about infringement of intellectual property rights on platforms other than churrito.pro.

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    Co-authored Content:

  • Responsibility for Co-authored Content: You are legally responsible for all Content you Upload. You may Upload Content that features someone other than you ("Co-authored Content").

  • Legal Requirements for Co-authored Content: You warrant that each individual appearing in the Co-authored Content you Upload is:

    • A Creator you have tagged using the tool available on churrito.pro; or
    • An individual at least 18 years of age whose proof of identity and whose written, informed consent you have obtained to share the Content on churrito.pro.
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    Sharing and Linking to and from churrito.pro:

  • Connecting with External Platforms: Other online platforms may allow Users to connect their churrito.pro account and share Content. You remain bound by the churrito.pro Terms of Service and the Terms of Service of that external platform when sharing Content in this way.

  • Links to churrito.pro: Do not link to churrito.pro in a deceptive way or in a manner that suggests any form of association, approval, or endorsement by us.
    Any link promoting your Creator account must comply with our Terms of Service and the terms of service of the platform on which you advertise.

  • Advertising via Google Ads or Similar Services: Do not promote your churrito.pro account using Google Ads or any similar advertising platform or search engine advertising services.

  • Links from churrito.pro: Links on churrito.pro to other websites are provided for your convenience only. We are not responsible for, do not control, approve of, or endorse those linked websites or the information they contain.

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    Domain Names:

  • Registration and Use of Domain Names: You may register or use domain names that contain the churrito.pro trademark or a confusingly similar term only if:

    • The domain name is registered by the Creator;
    • The domain name redirects to the Creator's churrito.pro account; and
    • The Creator obtains written permission from churrito.pro by contacting support@churrito.pro and signs a licensing agreement.

  • Failure to Comply: If you fail to comply with these provisions or the licensing agreement, we may file a domain dispute or seek other legal remedies.

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  • Documentation Confirmation: You and each Co-author will provide us with necessary documents to confirm that you have satisfied the requirements of these Terms of Service.

  • Restriction or Deletion of Co-authored Content: If you, or anyone appearing in Co-authored Content, fail to provide the requested information, we may restrict or delete the Co-authored Content or your account, and/or withhold all or any portion of your Creator Earnings.

  • Liability for Disputes: We are not a party to any agreement you have to create Co-authored Content nor any resulting disputes. All claims arising from Co-authored Content shall be made against the Creator(s) who posted or who appear in the Co-authored Content. You will not make any claims against us, and you release us from any claims against us arising from Co-authored Content.

  • Withdrawal of Consent: Any individual(s) appearing in the Co-authored Content may, at any time, withdraw their consent to appear in that Co-authored Content. Co-authored Content may be deleted if a participant withdraws their consent.

     

    Advertising on churrito.pro:

  • Advertising Content: If you upload Content to your Creator account that is intended to promote, directly or indirectly, third-party goods or services in return for payment or other valuable consideration (referred to as "Advertising Content"), you must ensure that the Advertising Content:

    • Is not illegal, prejudicial, threatening, false, fraudulent, harmful, hateful, or in violation of our Acceptable Use Policy or Community Guidelines;
    • Does not advertise cigarettes, tobacco products, electronic cigarettes, illegal drugs, or any prescription-only medicines;
    • Does not promote or facilitate illegal gambling;
    • Does not direct Advertising Content for alcoholic beverages at minors or encourage excessive consumption of alcohol;

  • Transparency Requirements:

    • Advertising Content: You must clearly and conspicuously label any Advertising Content you upload to churrito.pro by including in the caption:

      • A signifier such as #ad, #paidpromotion, or #sponsored.
      • The name of the brand being advertised and who paid for the Advertising Content.

    • AI-Generated Content: Any AI-generated content must comply with our Terms of Service and be clearly labeled as AI-generated content with a signifier such as #ai or #AIGenerated.

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    Account Deletion:

  • Fan Account Deletion:
    If you are a Fan, you may delete your churrito.pro account in the 'User Account' section of your profile. We will delete your account within a reasonable timeframe and will not charge any further subscriptions. After deletion, you will not have access to your former account or any Content associated with it.

  • Creator Account Deletion:
    If you are a Creator, your account will remain active until all active Fan Subscriptions have expired. We will then pay out all unpaid Creator Earnings and delete the account. All subscriptions will be removed and cannot be renewed. After account deletion, you will no longer have access to your account or any of its Content. Deleting your churrito.pro account will not automatically delete Co-Authored Content posted by other Creators.

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    Responsibility for Alleged Loss or Damage:

  • Consumer or Business User Liability:
    Whether you are a Consumer or Business User, we do not limit our liability where it would be unlawful to do so. Consumers may rely on mandatory provisions of law that apply to them, and nothing in our Terms of Service affects a Consumer's right to rely on mandatory local law provisions.

  • Liability Limitations for Consumers: If you are a Consumer, you agree that:

    • We, each Subsidiary, and our employees, owners, representatives, and agents are not liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings arising from or in connection with your use of churrito.pro.

  • Liability Limitations for US-Based Consumers: If you are a Consumer and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD $250 per claim.

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  • Data Handling After Deletion:
    After your account is deleted, we may handle your data in accordance with our Privacy Policy.

     

    Exclusions and Limitations of Liability for Business Users:

    If you are a Business User, you agree that:

  • Exclusions of Implied Terms:
    We, each Subsidiary, and our employees, owners, representatives, and agents:

    • Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to churrito.pro or any Content. This means that if the Terms of Service do not expressly include a promise or commitment by us, no such implied promise or commitment shall apply by law.

  • Liability Limitations:
    We are not responsible for any loss or damage that is not a foreseeable result of our breaching the Terms of Service or failing to use reasonable care and skill. Loss or damage is considered foreseeable if it is obvious that it will happen, or if both we and you knew it might happen at the time you agreed to the Terms of Service.

  • No Liability for Certain Losses:
    We are not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

    • Your inability to use churrito.pro or any of its services, features, or programs;
    • Your use of or reliance on any data or information (including Content) stored on churrito.pro.
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    General Provisions:

  • Enforceability of Agreement:
    If any aspect of your agreement with us is found to be unenforceable, the rest of the agreement will remain in effect.

  • Non-Waiver of Rights:
    If we fail to enforce any aspect of your agreement with us, it will not be considered a waiver of our rights.

  • Reservation of Rights:
    We, each Subsidiary, and our employees, owners, representatives, and agents reserve all rights not expressly granted to you in the Terms of Service.

  • No Implied Rights:
    No implied licenses or other rights are granted to you in relation to any part of churrito.pro, except as expressly set out in the Terms of Service.

  • No Agency or Partnership:
    Agreeing to our Terms of Service and using churrito.pro does not create an agency, partnership, joint venture, franchisor-franchisee, representative, fiduciary, or employee-employer relationship. You do not have the authority to bind us or any Subsidiary in any manner.

  • No Third-Party Rights:
    Your agreement with us does not give rights to any third parties, except that each Subsidiary and our employees, owners, representatives, and agents may enforce the exclusions and limitations of liability and terms relating to disputes in our Terms of Service.

  • No Transfer of Rights:
    You cannot transfer, assign, or subcontract your rights or obligations under any agreement with us.

  • Our Transfer of Rights:
    Our rights and obligations under your agreement with us can be assigned or transferred by us to others. We may delegate the performance of any of our obligations to any third-party.

  • Entire Agreement:
    The Terms of Service form the entire agreement between us and you regarding your access to and use of churrito.pro, and supersede any and all prior oral or written understandings or agreements between us and you.

  • Complaints and Communication:
    If you have a complaint about churrito.pro, refer to our Complaints Policy and Appeals Policy. If you wish to communicate with us about churrito.pro or our Terms of Service, please email support@churrito.pro.

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  • Exclusion of Specific Damages:
    We are not liable to you for:

    • Any loss of profits; loss of sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information (including Content); or any indirect or consequential loss or damage;
    • Any copying, distribution, or reposting of your Content elsewhere, or any infringement of your copyright;
    • Any disclosure of your identity or personal information by other Users or third parties without your consent (also known as "doxing");
    • Any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control.

  • Liability Cap:
    Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of:

    • 100% of the total fees paid by you to us in connection with your use of churrito.pro; or
    • USD $5,000.

Choice of Law and Forum for Disputes:

For Consumers:

  1. Choice of Law:
    To the greatest extent permitted by the laws of the country where you reside, your agreement with us is governed by the laws of Panama, which will apply to any claim arising out of or in connection with your agreement with us or your use of churrito.pro, including non-contractual disputes or claims. You may also rely on mandatory rules of the law of the country where you live.

  2. Forum Selection:

    • For Panama residents: The courts of Panama will have jurisdiction over any claim that arises out of or in connection with your agreement with us or your use of churrito.pro (including non-contractual disputes or claims).
    • For all other residents: The courts of Panama will have jurisdiction over any claim that arises out of or in connection with your agreement with us or your use of churrito.pro (including non-contractual disputes or claims).

    Note: In the event that you are a consumer residing in a jurisdiction where mandatory laws require a different forum, those laws will apply, and you may bring claims in the courts of that jurisdiction.

For Business Users:

  1. Choice of Law:
    If you are a Business User, your agreement with us is governed by the laws of Panama, which will apply to any dispute arising out of or in connection with your agreement with us or your use of churrito.pro, including non-contractual disputes or claims, without regard to conflict of law provisions.

  2. Forum Selection:
    If you are a Business User, you and we agree that the courts of Panama will have jurisdiction over any claim that arises out of or in connection with your agreement with us or your use of churrito.pro (including non-contractual disputes or claims).

Limitation Period for Bringing Claims:

  1. Time Limit:
    Except where prohibited by applicable law, any claim or cause of action against us or any Subsidiary must be filed within the earlier of:

    • One year after the date on which the claim or cause of action arose, or
    • The date on which you learned or should have learned of the facts giving rise to the cause of action.
      Otherwise, such claim will be expressly waived and cannot be brought.

  2. Pre-Suit Mediation:
    You agree to notify us prior to bringing any cause of action and, if we request it, to submit any dispute to pre-suit mediation. This provision is a material inducement for you to use churrito.pro.

Account Termination in the Event of Disputes:

If you, as a User, initiate proceedings against us or any Subsidiary, we reserve the right to terminate your account to minimize the risk of potential harm to churrito.pro, us, and our community.

Service of Documents:

  1. Consumer Disputes:
    Documents that exclusively initiate consumer disputes against churrito.pro must be served in accordance with Panamanian law.
    All other documents initiating proceedings must be served in accordance with the laws of Panama. We do not accept service in any other manner.

  2. Failure to Comply:
    Failure to comply with the requirements of this section is a material breach of the Terms of Service.