Terms of Service

1. Acceptance of Terms

By accessing or using the Publica Now platform ("Platform"), operated by Publica Now S.A.S. ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and the Company. By creating an account, browsing content, or making a purchase, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

3. Creator Responsibilities

If you use the Platform to publish and sell content ("Creator"), you agree to the following:

• You own or have obtained all necessary rights, licenses, and permissions for any content you publish on the Platform.
• Your content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• You are solely responsible for the accuracy, quality, and legality of your content.
• You will comply with all applicable laws and regulations in your jurisdiction, including tax obligations related to income earned through the Platform.
• You will not use the Platform to distribute malware, spam, or any other harmful material.
• You will respond to buyer inquiries and disputes in a timely and professional manner.

Publica Now does not claim ownership of any content you publish. You retain all rights to your work. By publishing on the Platform, you grant us a non-exclusive, worldwide license to display, distribute, and promote your content solely for the purpose of operating the Platform.

4. Intellectual Property

The Platform, including its design, code, logos, trademarks, and all related materials, is the property of Publica Now S.A.S. and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without our prior written consent.

Content published by Creators remains the intellectual property of the respective Creator. Buyers receive a personal, non-transferable license to access purchased content for private use. Buyers may not redistribute, resell, or publicly display purchased content unless expressly authorized by the Creator.

If you believe that content on the Platform infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Purchases and Refunds

All purchases made through the Platform are processed by our payment partners (including Yuno, MercadoPago, Bamboo, PayU, and Stripe). By making a purchase, you agree to the terms and conditions of the applicable payment provider.

Prices for content are set by Creators and displayed in the applicable currency. All prices are inclusive of any applicable platform fees. Publica Now charges a transaction fee of 15% plus a fixed fee per transaction, which is deducted from the Creator's earnings.

Due to the digital nature of the content sold on the Platform, all sales are generally final. However, refunds may be granted in the following circumstances:

• The content is materially different from its description.
• Technical issues prevent access to the purchased content and cannot be resolved.
• Duplicate purchases made in error.

Refund requests must be submitted within 14 days of purchase to [email protected]. We review each request on a case-by-case basis and reserve the right to deny refunds where the content has been substantially consumed.

6. Subscriptions

Certain Creators offer subscription-based access to their content through membership tiers. By subscribing, you authorize recurring payments at the frequency and price specified at the time of subscription.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to the subscription content until that date. No partial refunds are provided for unused portions of a billing period.

7. Prohibited Content and Conduct

You may not use the Platform to publish, distribute, or promote content that:

• Is illegal, defamatory, threatening, harassing, or discriminatory.
• Contains sexually explicit material involving minors.
• Promotes violence, terrorism, or hate speech.
• Infringes upon the intellectual property or privacy rights of others.
• Contains malware, viruses, or any harmful code.
• Is fraudulent, misleading, or deceptive.
• Violates any applicable law or regulation.

We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts of repeat offenders without prior notice.

8. Termination

You may close your account at any time by contacting us at [email protected]. Upon account closure:

• Your access to the Platform will be revoked.
• Any pending payouts for Creators will be processed according to the regular payout schedule.
• Purchased content may no longer be accessible after account termination.
• Content you published as a Creator will be removed from the Platform within a reasonable timeframe.

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law. We will make reasonable efforts to notify you before or promptly after such action, except where prohibited by law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Publica Now S.A.S., its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Platform.

Our total liability to you for any claims arising from or related to these Terms or your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to Publica Now in the twelve (12) months preceding the claim, or (b) one hundred US dollars (USD $100).

The Platform 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.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict of law provisions.

11. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days of written notice, either party may submit the dispute to binding arbitration administered by the Centro de Arbitraje y Conciliacion de la Camara de Comercio de Bogota, in accordance with its rules.

The arbitration shall be conducted in Bogota, Colombia, in the Spanish language. The arbitral award shall be final and binding on both parties. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on the Platform and updating the "Last updated" date. We may also send you a notification via email or through the Platform.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and close your account.

13. Contact

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

• Email: [email protected]
• Company: Publica Now S.A.S.
• Location: Bogota, Colombia