Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Shyne mobile application and related services (collectively, the "Service"), operated by Kube Ecosystem SL, Gran Via 415, 08015, Barcelona, Spain ("Company," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the app or by email. Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

You must be at least 18 years old to create an account and use the Service. By using Shyne, you represent and warrant that you are at least 18 years of age.

You must have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

We reserve the right to request proof of age at any time and to suspend or terminate accounts where we reasonably believe the user does not meet the age requirement.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during registration and to keep your profile information up to date.

You may not create more than one account. You may not transfer or assign your account to another person. If you suspect unauthorised access to your account, you must notify us immediately at support@shynesocial.com.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the Service.

You agree not to use the Service to: harass, abuse, threaten, stalk, or intimidate any other user; impersonate any person or entity; send unsolicited commercial messages or spam; upload content that is illegal, defamatory, obscene, or violates third-party rights; attempt to circumvent any safety, moderation, or rate-limiting mechanisms.

You may not use the Service for any unlawful purpose, including but not limited to solicitation, fraud, or the distribution of harmful content.

You may not attempt to reverse engineer, decompile, or disassemble the Service, or access the Service through automated means (bots, scrapers, or similar tools) without our express written permission.

Violation of these prohibitions may result in immediate account suspension or termination, and we reserve the right to report illegal activity to the appropriate authorities.

You retain ownership of any content you submit to the Service, including your profile photo and display name ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, display, and distribute your User Content solely for the purpose of operating and improving the Service.

You represent that you have all necessary rights to the User Content you submit and that it does not infringe the intellectual property or other rights of any third party.

The Service, including its design, code, features, branding, and all other proprietary materials, is owned by Kube Ecosystem SL and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

All signal interactions, chat messages, and venue session data are processed in accordance with our Privacy Policy. Chat messages are ephemeral and are not retained after the venue session ends.

Shyne may offer premium features, subscriptions, or in-app purchases in the future. Any such offerings will be subject to additional terms presented at the time of purchase.

Purchases made through the Apple App Store or Google Play Store are subject to the respective platform's terms and refund policies.

We reserve the right to modify pricing and available features at any time. Active subscriptions will not be affected by price changes until the next renewal period.

Your privacy is important to us. Our collection, use, and sharing of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that your data will be collected and processed as described in the Privacy Policy, in compliance with applicable data protection laws including the EU General Data Protection Regulation (GDPR), the Spanish Ley Orgánica de Protección de Datos y Garantía de los Derechos Digitales (LOPDGDD), the ePrivacy Directive, the UK Data Protection Act 2018, the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the Brazilian Lei Geral de Proteção de Dados (LGPD), the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), and other applicable privacy legislation.

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not guarantee the behaviour, identity, or intentions of any other user.

To the maximum extent permitted by law, Kube Ecosystem SL and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

This section applies to users who reside in the United States. In the event of a conflict between this section and any other provision of these Terms, this section shall prevail for US users.

Arbitration Agreement: You and Kube Ecosystem SL agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding individual arbitration rather than in court, except that either party may bring qualifying claims in small claims court. There is no judge or jury in arbitration, and the arbitration decision is final with limited rights of appeal. Arbitration shall be administered by a recognised arbitration body under its then-current rules, and shall take place in the English language. The arbitration may be conducted remotely or, if in person, in a location mutually agreed upon.

Class Action Waiver: You agree that any proceedings to resolve Disputes will be conducted solely on an individual basis. You waive the right to participate in a class action, collective action, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@shynesocial.com within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.

California Users: If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party." You have the right to contact the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or visit www.dca.ca.gov.

This section applies to users who reside in the United Kingdom. In the event of a conflict between this section and any other provision of these Terms, this section shall prevail for UK users.

Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015. Any limitation of liability in these Terms does not apply to liability that cannot be excluded or limited under UK law.

For UK users, disputes may be submitted to the exclusive jurisdiction of the courts of England and Wales, unless you reside in Scotland (in which case the courts of Scotland) or Northern Ireland (in which case the courts of Northern Ireland).

You may also use the UK's alternative dispute resolution (ADR) processes. Information about ADR is available from the Chartered Trading Standards Institute at https://www.tradingstandards.uk.

The Service is operated from Spain within the European Union. If you access the Service from outside Spain, you do so at your own initiative and are responsible for compliance with local laws to the extent they apply.

Where mandatory consumer protection laws of your country of residence provide you with rights that cannot be waived or limited by contract, those rights are not affected by these Terms. In such cases, the mandatory provisions of your local law shall apply to the extent they conflict with these Terms.

We make no representation that the Service is appropriate or available for use in all jurisdictions. We may limit the availability of the Service in any jurisdiction at our sole discretion.

We encourage you to contact us at support@shynesocial.com to resolve any disputes informally before initiating formal proceedings.

Except where the arbitration agreement in Section 9 applies (US users) or where Section 10 applies (UK users), disputes shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain, except where mandatory consumer protection laws of your country of residence provide otherwise.

For consumers residing in the European Union, you may also submit disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles, subject to the following exceptions:

If you are a consumer residing in the European Union or the European Economic Area, you will benefit from any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer under applicable EU consumer protection legislation.

If you are a resident of the United Kingdom, these Terms are governed by the laws of England and Wales (or Scotland or Northern Ireland, as applicable to your residence), and you benefit from the mandatory protections of UK consumer law.

If you are a resident of the United States, federal law (including the Federal Arbitration Act) applies to the arbitration agreement in Section 9. State law of your residence applies to all other matters, to the extent not pre-empted by federal law.

If you are a resident of Brazil, these Terms are subject to the mandatory protections of the Brazilian Consumer Defence Code (Código de Defesa do Consumidor) and the LGPD.

If you are a resident of Canada, these Terms are subject to the mandatory protections of applicable federal and provincial consumer protection legislation.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

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

Kube Ecosystem SL Gran Via 415, 08015, Barcelona, Spain Email: support@shynesocial.com Website: https://shynesocial.com

For data protection enquiries, please refer to our Privacy Policy or contact our Data Protection Officer at privacy@shynesocial.com.