Last updated: August 23, 2024

These terms and conditions of use governing your use of APAGÓN (hereinafter the "Terms") represent a contract between Outage Labs Inc., (hereinafter "Outage Labs", "we" or "us") and you as the user of our platform (hereinafter "you" or "user"), who agree to be subject to said Terms. Please read these Terms carefully. By downloading our mobile application (hereinafter "APAGÓN" or "application"), creating your user account and accessing or using APAGÓN, it is understood that you are confirming that you have read, understood, agreed to, and are subject to the entirety of these Terms, which are incorporated by reference to our Privacy Policy (available at https://apagonapp.com/privacy-en.html), as well as the applicable federal and state laws where our company has its legal domicile. IF YOU DO NOT WISH TO BE SUBJECT TO THESE TERMS, DO NOT USE APAGÓN. The Terms are specific to our users in Puerto Rico, although it may be used in the United States.

For the benefit of users who are not proficient in the Spanish language, these Terms are available in both English and Spanish. In case of any dispute or conflict between versions in different languages of these Terms, the English version shall prevail.

The data you provide to APAGÓN will be protected in accordance with our Privacy Policy. By using our application, you are confirming that you agree with said policy, which is available on our website. We reserve the right to change our Privacy Policy at any time; if we do so, we will notify you by email or by a visible announcement in our application. In accordance with federal laws and regulations that protect the personal data of minors, we do not collect personal information from users under 13 years of age. By creating a user account, you guarantee and confirm that you are over 13 years of age.

APAGÓN is an application developed by Outage Labs, a Delaware corporation, which allows users in Puerto Rico to report their electrical status with geolocation, among other things. The use of APAGÓN is exclusively for personal, non-commercial use. You agree not to sell, lease, distribute, transfer or otherwise dispose of our services. Commercial entities may not use our services.

Our platform is provided "AS IS". Outage Labs does not endorse or guarantee the correctness, accuracy or completeness of the application. Outage Labs is not responsible for the use of APAGÓN and you agree to indemnify and hold harmless Outage Labs, its shareholders, directors, employees, contractors or agents for any legal matter, cost, claim or loss related to your use of our application.

To use APAGÓN, you must access the application and create a user account. To create your user account, you must be at least thirteen (13) years of age and have at the time of registration the necessary data requested from you. You agree to provide accurate, current, correct and truthful data, since failure to do so may result in the loss of privileges and/or disabling of your user account. By creating your user account, you are responsible for maintaining the confidentiality and security of your password and access data to your account. You acknowledge that you are responsible for the activities and conduct carried out in your user account, regardless of whether they were carried out with your knowledge or whether you authorized them. In the event that you detect any security breach in your account, you agree to immediately notify Outage Labs via email at info@outagelabs.org. Outage Labs reserves the right to cancel or suspend your user account for dishonest or fraudulent practices. In the event of an investigation of suspicious conduct, Outage Labs may temporarily freeze your user account while concluding said investigation, or permanently cancel your user account.

You understand that you have the responsibility to keep your user account up to date. Likewise, the user may cancel their user account at any time through the application. By canceling your user account, Outage Labs reserves the right to retain user data, including data provided by the user in accordance with our Privacy Policy. Upon canceling your user account, your license to the content of APAGÓN will terminate immediately and you must immediately uninstall the application and delete all downloaded content related to APAGÓN from your mobile phone or other electronic device.

By using our mobile application, you acknowledge that your wireless service provider may charge you standard messaging, data and other related fees. You are fully responsible for such charges. Additionally, you consent that we may communicate with you by email, text message or push notifications regarding APAGÓN. To remove the option to receive push notifications, you can access your application settings and disable them or configure them according to your preference.

All content including but not limited to trademarks, trade names, designs of APAGÓN, databases, information, software, photographs, video, graphics, music, sounds, and all combinations thereof (hereinafter "Content"), is the property of Outage Labs or its licensors, and is protected by federal and state copyright laws of Puerto Rico and by federal and state trademark laws of Puerto Rico, as well as other applicable laws and regulations. Except as expressly provided in these Terms, no part of the Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any medium without the prior written authorization of Outage Labs.

APAGÓN, the APAGÓN logo, and other trademarks, service names, graphics and logos used in connection with APAGÓN, are trademarks or registered trademarks of Outage Labs. Other trademarks, service names, graphics and logos used in connection with APAGÓN may be the trademarks of other third parties. You receive no right or license with respect to the aforementioned trademarks and any use of such trademarks.

Outage Labs grants our users a limited, non-exclusive, non-transferable and royalty-free license to access and use APAGÓN exclusively for personal, non-commercial use. You agree not to use, copy, adapt, modify, prepare derivative works based on our application, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit APAGÓN or our Content, except as expressly permitted in these Terms or as expressly permitted by Outage Labs in writing. No license or right is granted to you by implication or otherwise under any intellectual property of Outage Labs or third parties. Any rights not expressly granted in these Terms are reserved. You are not authorized to use any web robot, spider, scraper, data mining or other automated means or interface not provided by Outage Labs to access our service or extract data. Additionally, you agree not to use or launch any automated system, including, among others, bots, robots, scrapers, offline readers, etc., that sends more request messages to Outage Labs servers than a human being can reasonably produce in the same period of time using a public, conventional, and publicly available web browser. Notwithstanding the foregoing, operators of public search engines are granted permission to use spiders to copy materials from our website for the sole purpose of creating search indexes of publicly available materials, but not to create cached copies or archives of such materials. Outage Labs reserves the right to revoke these permissions generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from APAGÓN. You agree not to use our communication systems provided by APAGÓN for any commercial or solicitation purposes. You agree not to solicit, for commercial purposes, any user of APAGÓN. You agree not to use or disclose information about other users obtained through APAGÓN for purposes not authorized by said users. You agree not to use APAGÓN to conduct any cyberattack on Outage Labs or any third party. Outage Labs is authorized to temporarily suspend or terminate your access or limited license at any time, without prior notice and at its absolute discretion.

Outage Labs frequently updates APAGÓN. You agree to keep your application updated to the most recent version available and release Outage Labs from any claim for not keeping the application updated.

APAGÓN may contain hyperlinks or links to third party sites. Such links exist only for the convenience of the user. Outage Labs does not endorse the content of such websites and assumes no responsibility for the user's use of such links.

By creating your user account, the user consents that Outage Labs may send promotions, announcements, marketing messages and notifications of updates, new features or changes to our service to the email address provided in your user account. If the user does not wish to receive promotions, announcements or marketing messages, such communications will include instructions on how to unsubscribe from such messages. But Outage Labs reserves the right to send you notifications of updates, new features or changes to our service.

You may at any time uninstall and/or delete APAGÓN from your mobile phone or electronic device. You understand that there is no guarantee that by uninstalling or deleting the application from your mobile phone or mobile device, your data will be deleted from our servers. To request that all your data be deleted, including your user account and identifiable information, you must contact us via email at info@outagelabs.org. You agree that, in accordance with our Privacy Policy, we reserve the right to retain your data. You release and waive any claim against Outage Labs, its shareholders, directors, employees, contractors and agents for data damage caused or incurred by the termination of your user account or by the uninstallation and/or deletion of the application.

The services are provided to you "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, to the maximum extent permitted by law. Outage Labs expressly disclaims all warranties, without limitation, warranties of merchantability, fitness for a particular use or purpose, or non-infringement of intellectual property rights. Outage Labs makes no warranty regarding the correctness, accuracy, completeness, reliability, utility, timeliness, price or any other aspect of the Content or products associated with said Content. Outage Labs makes no warranty that APAGÓN will meet your needs or expectations, or that you will access APAGÓN continuously, uninterrupted, error-free, timely or securely. Outage Labs makes no warranty regarding the results of using APAGÓN. No oral or written advice or information you obtain from Outage Labs may create any warranty. Outage Labs makes no warranty and disclaims all responsibility for Content, data or services provided by third parties. Products appearing on our platform are not sold by Outage Labs and are provided for informational purposes only; Outage Labs does not endorse or guarantee such products in any way.

You waive claims or causes of action of any kind against Outage Labs, its affiliates, its directors, employees, contractors, agents, suppliers, licensors or licensees of any kind. In addition, you agree to indemnify and hold harmless Outage Labs, its affiliates, its shareholders, directors, employees, contractors, agents, suppliers, licensors and licensees from any claim or demand, including, among others, reasonable attorney's fees, made by third parties arising from your use of APAGÓN, or the Content you have submitted, posted, transmitted or made available through APAGÓN, for violations by you of these Terms or for the violation of any right of another person, including, among others, claims of infringement of intellectual property. IN NO EVENT SHALL OUTAGE LABS, ITS AFFILIATES, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE DAMAGES, LOSS OF INFORMATION OR DATA, LOSS OF BUSINESS, LOSS OF ASSETS OR LOSS OF INCOME ARISING FROM YOUR USE OF APAGÓN OR FROM DEFECTS OR INTERRUPTIONS TO OUR SERVICES, WHETHER BY CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT AND WHETHER OUTAGE LABS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUTAGE LABS EXCEED THE COMPENSATION YOU HAVE PAID TO OUTAGE LABS, IF ANY, FOR ACCESS TO AND/OR USE OF APAGÓN.

Outage Labs reserves the right to modify these Terms at any time. In doing so, the date of the most recent modification will be included. It will be your responsibility to occasionally review these Terms to be informed of any changes. If any modification to these Terms is not acceptable to you, your only remedy is to discontinue the use of APAGÓN. Your continued use of APAGÓN after being notified of such changes will be understood as your consent and acceptance of the new conditions.

These Terms are governed by and interpreted in accordance with the laws of the Commonwealth of Puerto Rico and the federal laws of the United States of America that apply. Any dispute, difference, claim or controversy arising from, or related to, these Terms, including with reference to their formation, validity, binding effect, interpretation, performance or non-performance, or non-contractual disputes arising from, or related to, these Terms, shall be resolved through litigation in the courts of the Commonwealth of Puerto Rico, Court of First Instance, San Juan Chamber, Puerto Rico. You irrevocably consent to the personal jurisdiction of such courts. You understand that you may have certain rights under the laws of other states or countries, whereby you have the right to go to the courts of other states or countries to resolve any dispute related to these Terms.

Outage Labs reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, APAGÓN (or any part thereof) without prior notice and without incurring any obligation or liability. You agree that Outage Labs will not be liable to you or third parties for any modification, suspension or cancellation of our services.

These Terms constitute the entire agreement between you and Outage Labs and govern your use of APAGÓN, superseding any prior agreement between you and Outage Labs. If any clause of these Terms is declared illegal, void or unenforceable by any court or jurisdiction with authority over these Terms, the remaining clauses shall remain in full force and effect. The failure to exercise or enforce by Outage Labs any right or clause of these Terms shall not constitute a waiver of such right or clause unless Outage Labs acknowledges and agrees in writing. The headings of each section of these Terms are for convenience only and have no legal or contractual effect. These Terms are personal to you and, therefore, you may not assign or transfer these Terms or any right or obligation under these Terms.

Please direct your questions or comments about APAGÓN or about these Terms to the following email: info@outagelabs.org or by postal mail to the following address:

Outage Labs Inc.
1221 College Park Dr Suite 116
Dover, DE 19904

Additional Email: info@apagonapp.com