Terms and conditions of use

These Terms and Conditions (the “Terms”) govern access to and use of the NEXOTICK platform and its associated services (web, mobile app, API, integrations; the “Platform”). By registering, browsing, buying, selling, or interacting with the Platform, you enter into a binding agreement with NEXOTICK, LLC, a limited liability company organized in the State of New Mexico, United States of America (“Nexotick”, “we”).

If you do not accept the Terms in full, do not use the Platform. Continued use constitutes acceptance.

Use of the Platform is reserved for persons over eighteen (18) years of age with legal capacity to contract. Minors may only participate in events through a parent or legal guardian who (i) accepts these Terms on their behalf, (ii) declares to hold parental authority or guardianship, and (iii) consents to the processing of the minor's data in accordance with the Privacy Policy. The legal representative is responsible for the minor's actions on the Platform.

Nexotick is a software-as-a-service (SaaS) provider that allows third parties (“Organizers”, “Photographers”, “Sellers”, “Promoters”, “Insurance brokers”, “Court owners”) to publish, promote, and sell tickets, products, photographs, insurance quotes, reservations, or other services. Buyers (“Users”, “Athletes”) access, purchase, and participate.

Nexotick is not the organizer, producer, promoter, sponsor, or provider of the underlying event, service, or product, unless expressly stated. The sale contract, the provision of the service, and responsibility for its execution are exclusively between the User and the corresponding third party. Nexotick acts as (i) a technology provider and (ii) a payment processing agent through the enabled gateways.

• Truthful information: you must provide real, accurate, and up-to-date information when registering and purchasing.
• One account per person: creating multiple accounts to abuse discounts, impersonate identities, or evade suspensions is prohibited.
• Credential security: you are responsible for keeping your password confidential. Nexotick is not liable for account access resulting from shared or exposed credentials.
• Suspension: we may suspend, restrict, or cancel accounts without notice if we detect fraud, use of bots, unauthorized scraping, irregular reselling, intellectual property infringement, illegal content, or breaches of these Terms.

The following is prohibited, without limitation:

• Using bots, crawlers, or scripts to reserve tickets, deplete inventory, or extract information.
• Reselling tickets outside the channels enabled by the Organizer or by Nexotick.
• Extracting the User database to send communications unrelated to the Platform.
• Reverse engineering, decompiling, or attempting to access the source code.
• Uploading illegal, defamatory, pornographic, violent content, or content that infringes third-party rights.
• Circumventing security or payment measures, chaining refunds, or any conduct intended to defraud Nexotick, other Users, or Organizers.

Nexotick charges the User and/or Organizer a fee for using the Platform (the “Service Fee”), shown in the cart before each purchase. The Fee accrues upon processing the transaction and, except for a technical error attributable to Nexotick, is non-refundable under any circumstances, including cancellation, postponement, or modification of the underlying event.

Payments are processed through Stripe, PagueloFacil, or other certified gateways. Nexotick does not store the full card number. Your transaction is also subject to the terms of the payment provider, which acts as an independent third party.

The Organizer or seller of the transaction assumes the risk of chargebacks and bank fraud associated with their sales. Nexotick may:

• Deduct the chargeback amount and bank penalties from pending payouts.
• Demand immediate repayment if payouts are insufficient.
• Suspend the account and fund settlement while the case is investigated.
• Cooperate with police or banking authorities when there is evidence of fraud.

• Organizer policy: each Organizer defines its refund policy. Nexotick displays it on the event page. By purchasing, you accept that policy.
• Cancellation or postponement: the Organizer is solely responsible for processing refunds of the face value. Nexotick does not use its own funds to refund.
• Mediation: Nexotick may act as a facilitator between User and Organizer but does not compel either party to an outcome.
• Technical error: if Nexotick commits a technical error (double charge, ticket not generated), it will replace the ticket or refund the transaction.

The Platform includes a digital wallet (“Wallet”) that records the balance available for withdrawal by Organizers, Photographers, Promoters, Agencies, Sellers, and other roles, and the reloadable balance of Companies and cashless wristbands.

• Not a banking service: the Wallet is an internal record of balances attributable to transactions performed on the Platform. Nexotick is not a bank, does not provide regulated financial services, and does not guarantee interest on balances.
• Withdrawals: the eligible User requests a withdrawal to their bank account; Nexotick validates and processes payment through authorized providers (including Mercury). The withdrawal is subject to verification of banking data, anti-fraud validation, and, where applicable, manual approval.
• Banking data: the User is responsible for the accuracy of the data provided. Any loss arising from incorrect data is the User's responsibility.
• Inactive accounts: Wallet balances of accounts inactive for more than two (2) years may be administratively held and, if required by applicable law, turned over to the competent authorities under escheatment rules.

At events that offer cashless payment, Users may top up balance on an NFC wristband or credential to pay inside the venue.

• Balance custody: the cashless balance is a prepayment attributed to the User and administered by Nexotick as a technical service to the Organizer. It does not generate interest and is not transferable outside the event, except as provided by the Organizer's return policy.
• Refund of unspent balance: at the end of the event, the User may request a refund of the remaining balance in accordance with the Organizer's policy and timeframe, published on the event page. Administrative fees may apply.
• Lost or stolen wristband: the User must report the loss at the event support point. Nexotick and the Organizer may block the wristband but are not liable for consumption made prior to blocking.
• Contingent payment: in the event of a network outage, wristbands may operate offline with a preset limit. Users accept that subsequent synchronization may adjust recorded transactions.

Photographers may upload event photographs to sell them through the Platform. The User who purchases a photograph receives a personal, non-exclusive, non-transferable, non-commercial-use license over the purchased image, unless the Photographer grants a different license in writing.

By uploading content, the Photographer represents and warrants that:

• They hold copyright in the photographs or have authorization from the rights holder.
• They have the necessary authorizations to photograph people at public events.
• They will not upload photographs of minors without authorization from their legal representative.
• They will not upload defamatory, indecent, violent content, or content that infringes third-party rights.
• They agree to indemnify Nexotick against any third-party claim related to the photographs they uploaded.

Any person appearing in a published photograph may request the removal of images in which they appear by writing to [email protected] with reasonable proof of identity. Nexotick will process the request in a reasonable timeframe and, without admitting liability, may take down the content while the request is evaluated.

If you believe that a photograph or any other published content infringes your copyright, send a notice to [email protected] with: (i) identification of the work, (ii) URL of the infringing content, (iii) contact details, (iv) a good-faith statement and ownership of the asserted right. We will evaluate and, where appropriate, take down the content. If you believe the content was taken down in error, you may reply to the same email with information supporting your position.

The Platform uses facial recognition technology (powered by Amazon Rekognition) so that Athletes can search for photographs in which they appear and so that Photographers can efficiently tag content. The processing of biometric data requires explicit consent and is governed by the Privacy Policy.

• Consent: by using the “Find my face” feature or uploading a profile photo, you give your express consent for the temporary creation of a biometric representation.
• Limited purpose: biometric data is used exclusively to match images at the corresponding event.
• Right to deletion: you may request deletion of your biometric representation at any time from your profile or by writing to [email protected].
• Non-registered individuals: if a non-registered person appears in a photo and requests its removal, we will proceed according to section 8.2.

In digital challenges, participants record sports activities (running, cycling, etc.) from the mobile app or integrations.

• GPS collection: the app captures your location during the activity to validate distance, route, and compliance with the challenge requirements.
• Association with the event: GPS data is associated exclusively with the corresponding digital challenge. It is not used for marketing tracking.
• In-person events: submitting GPS activities from the app is only valid for digital challenges and does not replace physical attendance at the event.
• Truthfulness: falsifying GPS data (use of simulators, route editing) may result in disqualification, prize revocation, and account suspension.

Nexotick optionally offers training plans, routines, and sports suggestions generated through artificial intelligence.

• Not medical advice: AI-generated content is for guidance only. It does not replace consulting health professionals. Before starting any routine, consult your doctor, especially if you have pre-existing conditions.
• Limitations: AI may make mistakes, omit information, or generate inaccurate content. Use it at your own discretion.
• Wearables data: if you connect a wearable device, you authorize the use of the data to personalize your routines. Details are governed by the Privacy Policy.

• Credit purchase: representatives may acquire multiple credits in a single transaction and assign them to athletes by email.
• Assignment: upon assignment, the athlete receives the ticket and QR code. Transfers between athletes require Organizer authorization.
• Revocation: an assigned ticket may be revoked as long as the athlete has not checked in. After check-in, the ticket is irrevocable.
• Representative responsibility: the representative is responsible for ensuring that assigned athletes meet the event requirements. The athlete's medical information is delivered directly to the Organizer, not to the representative.
• Refunds of unused credits: subject to the Organizer's policy. Nexotick does not guarantee refunds of unassigned credits.

• Organizers and Sellers may offer physical products (shirts, bibs, kits) in their stores.
• Processing, shipping, warranties, and returns are governed by the seller's policies.
• Nexotick acts as a technology intermediary and is not liable for inventory, quality, or delivery.

Nexotick offers a channel to request sports or travel insurance quotes through authorized brokers.

• Nexotick is a broker channel: we connect the User with authorized brokers. We are not the insurer and do not issue policies.
• Contract: the contractual relationship and policy issuance are between the User and the insurer (or broker). Nexotick is not responsible for coverage or claims.
• Payments: payments are processed through enabled means. Validity, cancellation, and refund are governed by the policy's terms.

You acknowledge and voluntarily accept all risks inherent in participating in any sporting event or activity, including, without limitation, injuries, accidents, adverse weather conditions, theft, or damage to property. To the maximum extent permitted by law:

• Nexotick assumes no civil, criminal, or administrative liability for injuries, death, property damage, theft, medical negligence, or logistical failure occurring before, during, or after the event.
• The Organizer is solely responsible for the safety, logistics, medical supplies, and regulatory compliance of the event.
• By registering you declare that you are physically fit to participate and accept the liability waiver that each Organizer may additionally require.

The Platform is provided “as is” and “as available”. Nexotick does not warrant that the Platform is free of errors, interruptions, viruses, or cyber attacks. We do not warrant uninterrupted availability or specific results.

To the maximum extent permitted by applicable law, Nexotick's total aggregate liability to a User or Organizer for any claim arising from use of the Platform shall not exceed the greater of: (i) the total Service Fees actually paid by such User or Organizer to Nexotick in the three (3) months immediately preceding the triggering event, or (ii) one hundred U.S. dollars (US$100.00). Where mandatory local law (for example, consumer protection rules) provides otherwise, that law shall prevail strictly to the extent required.

Nexotick is not liable for indirect, incidental, consequential, punitive damages, lost profits, lost opportunity, or loss of data, even if Nexotick was advised of their possibility.

You agree to defend, indemnify, and hold harmless Nexotick, its officers, employees, affiliates, and providers, from any claim, demand, fine, legal expense, and reasonable attorneys' fees arising from: (i) your breach of these Terms; (ii) the execution, cancellation, or incidents at an event for which you are the Organizer; (iii) your violation of laws or third-party rights; (iv) the truthfulness or legality of the content you publish.

Nexotick will not be liable for breaches arising from events beyond its reasonable control, including, without limitation, natural disasters, pandemics, armed conflict, government actions, power or telecommunications outages, cyber attacks, and failures of essential providers (payment gateways, cloud infrastructure).

We may modify the Terms to improve the service, due to regulatory changes, or for new products. When changes are material we will notify active Users by email and/or on the Platform itself at least fifteen (15) days in advance. Continued use after the effective date constitutes acceptance. If you do not accept, you must stop using the Platform; you may download your data or request deletion of your account before the effective date.

• You may terminate the agreement at any time by deleting your account in accordance with the Privacy Policy.
• Nexotick may immediately terminate the agreement for breach, fraud, or misuse, without prejudice to any legal action that may be appropriate.
• Termination does not affect pending obligations for payment settlement, indemnification, intellectual property, limitation of liability, or arbitration clauses, which survive termination.

These Terms are governed by the laws of the State of New Mexico, United States of America, without giving effect to its conflict-of-laws rules.

• Binding arbitration: any controversy, claim, or disagreement between the parties will be finally resolved by binding arbitration administered under the commercial rules of the New Mexico arbitration body chosen by Nexotick. The award is final and enforceable in any competent jurisdiction.
• Jury and class action waiver: the parties expressly waive their right to a jury trial, to participate in class actions, and to act as representatives in a class proceeding. Each claim shall be resolved individually.
• Local consumer exception: nothing in this clause limits mandatory consumer rights established by the User's local legislation (for example, Panama's Law 45), when such law applies as a matter of right. For such claims, Nexotick may voluntarily submit to the corresponding ordinary jurisdiction.
• Time limit: any claim must be initiated within one (1) year of the event giving rise to it; otherwise, it will be time-barred.

• Entire agreement: these Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between the parties.
• Severability: if a provision is declared invalid, the remainder continues in full force.
• No waiver: failure to exercise a right does not constitute a waiver of it.
• Assignment: the User may not assign these Terms without prior written consent. Nexotick may assign them to an affiliated, successor, or acquiring company.
• Notices: legal notices will be sent to the User's registered email or to [email protected] in the case of Nexotick.

For questions about these Terms, contact [email protected]. For operational support, write to [email protected]. For privacy matters, to [email protected].