Legal

TERMS AND CONDITIONS OF USE AND CONTRACTING

The rules for accessing and using metzzo.

Last updated: September 16, 2026

1. PARTIES TO THE CONTRACT

The Service Provider: metzzo, whose identification and contact details are set out in the Platform's Legal Notice (hereinafter, “metzzo” or the “Platform”).

The User: The natural or legal person who accesses, registers for or uses the services offered through the Platform. For the purposes of these Terms and Conditions, the following categories of users are distinguished:

Consumer User: A natural person acting for purposes outside their trade, business, craft or profession who uses the Platform to search for, book or contract services offered by Professional Users. On the Platform, the Consumer User is identified by the name “Rider”.

Professional User: A natural or legal person who uses the Platform in the course of their professional activity to publish, offer or provide their own services to other users. On the Platform, the Professional User is identified by the designation: “independent instructors, schools, centers or other organizations”.

Use of the Platform implies acceptance of these Terms and Conditions insofar as they apply to the type of user and the service used.

2. PURPOSE

These Terms and Conditions govern access to, registration with and use of metzzo, as well as the conditions applicable to creating, publishing, organizing, participating in and booking activities available through the Platform.

metzzo provides a technological platform intended to facilitate contact and coordination between Consumer Users and Professional Users, and between Riders themselves, allowing them to create, discover, organize and participate in activities related exclusively to the practice of the following sports: Kitesurf, Kitefoil, Wingfoil, Parawing and SUP Foil.

Through the Platform, Users may search for and view activities; access information about them, including the associated sport or sports, required level, location, date, time, capacity, availability, requirements, available equipment and, where applicable, price; create and publish activities in accordance with the types and conditions provided for each type of User; configure whether the activity is public or private, whether participation requests require the organizer's confirmation and whether equipment is offered; request or make bookings; manage their participation in activities; and communicate with other participants through the chat associated with each activity.

Creating an activity on metzzo does not necessarily mean that the User who creates it provides the associated service. In particular, Riders may create certain activities in order to find a Professional User who will join them and provide the corresponding professional service.

2.1. Registration, profile, age and sporting level

Minimum age and capacity to use the service

metzzo allows people who have reached fourteen (14) years of age to create and use Rider accounts. People under fourteen (14) may not create or use their own account on the Platform.

Users aged fourteen (14) to fifteen (15) may use metzzo exclusively as Riders. Users who have reached sixteen (16) may also register, undergo verification and act as Professional Users, provided that they have sufficient legal capacity to carry out the relevant professional activity and meet the applicable legal, professional, sporting, insurance and any other requirements. All Users under eighteen (18) will be subject to the specific privacy, safety and protection measures established by metzzo for underage Users.

The ability to use metzzo from the age of fourteen (14) does not mean that an underage User may independently enter into any contract or assume any financial or legal obligation related to the activities available on the Platform. Where the nature of the service, its price, the circumstances of contracting or applicable law require the involvement, assistance or authorization of their parents, guardians or legal representatives, that involvement, assistance or authorization must be obtained before contracting the relevant service.

metzzo may apply specific measures and restrictions to Users under eighteen (18) to ensure a high level of privacy, safety and protection, including measures concerning profile visibility, information shown to other Users, communications, contact with other Users, participation in or creation of activities and access to certain features. These measures may vary according to age and the risks associated with each feature.

During registration, metzzo will request the User's date of birth to determine the features and protective measures applicable to their age and for the other purposes described in the Privacy Policy. The date of birth will not be publicly visible.

The User must provide truthful and accurate information about their age. Providing a false or inaccurate date of birth, or one belonging to another person, in order to circumvent applicable restrictions or protective measures constitutes a breach of these Terms and Conditions.

metzzo may take reasonable and proportionate steps to verify the declared age where necessary to comply with its legal obligations or where there are reasonable grounds to believe that the age is incorrect. While verification is underway, metzzo may temporarily restrict features whose use depends on age. If failure to meet the minimum age requirement or a material misrepresentation of age is confirmed, metzzo may restrict, suspend or terminate the account in accordance with applicable law and the Privacy Policy.

The personal data of underage Users will be processed in accordance with applicable law and metzzo's Privacy Policy. Admitting Users from the age of fourteen (14) does not exclude the involvement of their parents, guardians or legal representatives where required for a particular act, contract or service under applicable law.

Registration and profile information

To use metzzo's features, the User must create a profile and provide at least their name and date of birth. The User may voluntarily add a profile photograph. metzzo will use the date of birth to manage the account and for the purposes described in the Privacy Policy, and it will not be displayed publicly on the profile.

Adult Users may choose their profile visibility from the options made available by metzzo. For Users under eighteen (18), metzzo will apply the most protective privacy settings available by default and may restrict or prevent the minor from changing certain visibility options where necessary to ensure their privacy, safety and protection.

Public profile: the profile may be visible to other Users and appear in searches and activities. Other Users may access the visible profile information and, where appropriate under metzzo's review system, post reviews relating to activities in which the User has participated.

Private profile: the User will not appear in searches and their full profile will not be shown in activities. Other Users will see only their name, without access to additional profile information.

However, when the User acts as the organizer of an activity, participants may post reviews about them in the cases provided for in these Terms and Conditions.

Sporting level

Riders must indicate their level for each sport they practice. The available levels are Beginner, Intermediate and Advanced. The selected level is a declaration by the Rider and must reasonably reflect their experience and independence in the relevant sport.

Professional Users must indicate the sport or sports in which they act professionally. They will not need to select a sporting level for those sports, without prejudice to the verification requirements set out in the relevant section.

Information about sporting level and professional status is used, among other purposes, to facilitate the configuration of and participation in activities. metzzo does not guarantee that a Rider's self-declared level reflects their actual ability in all conditions, nor does it replace the personal safety assessment that each User must make before participating in an activity.

2.2. Types of activities

The activities available on metzzo are classified as Downwinds and Sessions.

a) Downwind

An activity consisting of a route between a starting point and a finishing point.

Downwinds may take the following forms:

Downwind between Riders: an activity created by a Rider to be carried out together with other Riders, without a Professional User acting as a service provider.

Guided Downwind: an activity in which a Professional User provides a professional guiding, accompaniment, supervision or assistance service during the route.

A Guided Downwind may be created either by a Rider, so that a Professional User can join the activity to provide that service, or by a Professional User who publishes and offers the activity directly to Riders.

b) Session

An activity carried out at a specific place, date and period.

Sessions may take place between Riders or involve a Professional User.

When a Session involves the provision of a service by a Professional User, it may take only one of the following forms:

Private Lesson: a session taught by one (1) instructor to one (1) Rider

Semi-private Lesson: a session taught by one (1) instructor to two (2) Riders.

Group Lesson: a session taught by one instructor to a group of Riders.

Supervision: a session in which a Professional User monitors or supervises one or more Riders during the activity.

Demo Day: a session or event intended to allow Riders to discover, try or use certain gear, equipment or products under the conditions established for the activity.

Private Lessons, Semi-private Lessons, Group Lessons and Supervision activities may be created by both Riders and Professional Users.

When created by a Rider, the Rider acts as the requester of the activity and not as the provider of the professional service; a Professional User may join it to provide the corresponding service.

When created by a Professional User, that User may offer the activity directly to Riders through the Platform.

Demo Days may only be created by Professional Users and may not be created by Riders.

Riders may also create Sessions between Riders, intended for practicing together without a Professional User acting as a service provider.

The categories and types of activities available on metzzo are exclusively those described in this section.

2.3. Creation of activities by Riders

Riders may create the following through metzzo:

Downwinds between Riders;

Sessions between Riders;

Guided Downwinds;

Private Lessons;

Semi-private Lessons;

Group Lessons; and

Supervision activities.

Riders may not create Demo Days.

When a Rider creates a Downwind between Riders or a Session between Riders, the activity is intended for joint participation with other Riders and will not involve the provision of a professional service.

Creating, coordinating or participating in an activity between Riders does not confer Professional User status on the Rider, nor does it, in itself, mean that they are offering or providing a professional service to the other participants.

When a Rider creates a Guided Downwind, Private Lesson, Semi-private Lesson, Group Lesson or Supervision activity, they do so to request that a Professional User join the activity and provide the corresponding professional service.

In these cases, the Rider who creates the activity acts as the requester and not as the service provider. Responsibility for the professional service will lie with the Professional User who joins the activity and undertakes to provide it.

2.4. Professional activities and verification process

Only natural persons who have reached sixteen (16) years of age, or, where the Professional User is a legal person, those who validly act on its behalf under applicable law, may register, undergo verification or act as Professional Users. Professional Users aged sixteen (16) and seventeen (17) will be subject to the same documentary verification process established by metzzo for adult Professional Users, and metzzo will not require additional documentary verification because of their age. This is without prejudice to the Professional User's obligation to have the capacity, authorizations, consents or assistance of their legal representatives that may be required, and to comply with any restriction applicable because of age, activity or current law.

Professional Users may create, publish and participate as professional providers in the activities available on metzzo under the conditions established in this section.

To create and publish Guided Downwinds, Private Lessons, Semi-private Lessons, Group Lessons or Supervision activities, the Professional User must first have completed metzzo's verification process.

Until that verification process has been completed, the Professional User may not create or publish any of the professional activities listed above. The Platform may display a warning informing the Professional User that verification must be completed to access those features.

Likewise, to join a Guided Downwind, Private Lesson, Semi-private Lesson, Group Lesson or Supervision activity previously created by a Rider in a professional capacity, the Professional User must have verified Professional User status.

Consequently, verified Professional User status is a prerequisite for a Professional User to create and publish Guided Downwinds, Private Lessons, Semi-private Lessons, Group Lessons or Supervision activities, and to join any of these activities in a professional capacity when they have previously been created by a Rider.

These features will not be enabled until the Professional User has successfully completed metzzo's verification process.

The verification process will be the same for all Professional Users, whether they are aged sixteen (16) to seventeen (17) or adults, and will require the Professional User to submit through metzzo the certifications, qualifications or accreditations and the relevant insurance documentation required by the Platform to demonstrate compliance with the requirements established for carrying out professional activities.

The Professional User will be responsible for ensuring that all documentation submitted is authentic, accurate, valid and current, and for keeping it up to date throughout the time they use metzzo to offer or provide professional activities.

The creation and publication of Demo Days is an exception to the above verification requirement. Professional Users may create and publish Demo Days without having completed the verification process, because metzzo does not require the certifications, qualifications or insurance required for other professional activities for this type of activity. This is without prejudice to any legal obligations, authorizations, insurance or other requirements that may apply to the Professional User because of the activity actually carried out.

Verification by metzzo is intended to check the documentation submitted by the Professional User and, where appropriate, enable access to Platform features reserved for verified Professionals.

Verified Professional User status indicates only that the User has successfully completed the documentary verification process established by metzzo. It does not constitute a recommendation, guarantee, certification or endorsement by metzzo concerning the quality of their services, their experience beyond the documentation checked, their conduct during a particular activity or the safety or outcome of activities in which they participate.

2.5. Price and payments

Activities involving the provision of a service by a Professional User may display the activity's price on metzzo, allowing the Rider to access that information through the Platform.

metzzo does not process, receive, hold, collect or manage payments for activities published or coordinated through the Platform.

Payment of any amount related to a professional activity must be managed directly between the Rider and the Professional User, outside metzzo and using the payment method they agree upon.

The Professional User will be responsible for the amounts charged for their services and for compliance with applicable fiscal, tax, invoicing and any other obligations.

metzzo does not participate in the execution of payments and is not a party to the payment relationship between the Rider and the Professional User. Consequently, within the limits permitted by applicable law, metzzo will not be responsible for non-payment, incorrect or duplicate payments, delays, returns, refunds or any other financial disputes that may arise between Users.

2.6. Configuration, bookings, joining and participation in activities

When creating an activity, the organizer must select the relevant sport or sports and the level required to participate. The same activity may be associated with more than one of the sports supported by metzzo. The organizer may also set a limited capacity, specifying the maximum number of participants, or an unlimited capacity; indicate whether equipment is available for participants; and determine whether participation requests require their prior confirmation or whether Users join automatically while capacity remains available.

The organizer may configure the activity as private. When this option is enabled, only Users with whom the organizer has shared the activity may join, in accordance with the features enabled by metzzo.

Users may request, book or join available activities using the features enabled on metzzo and in accordance with the settings established for each activity.

Before joining or requesting participation in an activity, Users may consult the available information about it, including, as applicable, its type, sport or sports, required level, creator or organizer, location, date, time, capacity, availability, requirements, available equipment, participants and, where a professional service is provided, the indicated price.

For activities created by a Rider that require a Professional User's involvement, creating the activity does not in itself mean that a professional has been assigned or that the professional service is confirmed. Professional involvement is conditional on a verified Professional User who meets the applicable requirements joining the activity through metzzo's features.

For a Guided Downwind created by a Rider, if no verified Professional User has joined as an instructor or guide by the scheduled start time, the activity will be canceled automatically. metzzo may show the Rider an advance warning expressly informing them of this circumstance.

2.7. Activity chat

Once a User is part of an activity, they will have access to the chat associated with that activity.

The chat will allow communication between Users who are part of the activity and, where applicable, the Professional User participating in it, to facilitate their communication, organization and coordination.

Users will be responsible for the messages, information, files and other content they share through the chat and must use this feature in accordance with these Terms and Conditions, metzzo's rules of use and applicable law.

When a User under eighteen (18) participates in an activity, metzzo may apply additional privacy and safety measures to communications and restrict certain contact features. The chat must be used exclusively for purposes related to the activity and in accordance with metzzo's rules of conduct.

2.8. Nature and scope of the services provided by metzzo

metzzo provides the technological infrastructure that allows Users to create, publish, discover and view activities; contact one another; manage their joining, booking or participation; and communicate with other Users associated with the same activity.

metzzo acts as the provider of a technological intermediation platform and not as an instructor, school, guide, sports organizer or actual provider of the activities published through the Platform.

Where an activity involves the provision of a professional service, that service will be provided directly by the relevant Professional User, regardless of whether the activity was initially created by that professional or by a Rider.

The Professional User will be responsible for organizing and properly providing the professional service they undertake, for holding and maintaining valid qualifications, certifications, licenses, authorizations, insurance and any other requirements necessary to carry out their activity, and for complying with applicable legal, professional, administrative, tax and safety obligations.

In activities between Riders, metzzo only provides the technological tools necessary for Riders to create, discover, organize and coordinate activities among themselves. metzzo does not actually organize, direct, teach or supervise those activities.

2.9. Exclusion and limitation of metzzo's liability

Within the limits permitted by applicable law, metzzo will not be responsible for the organization, conduct, execution, quality, safety or outcome of activities carried out through the Platform where those matters are the responsibility of the Users who create, offer, provide or participate in them.

metzzo does not physically participate in sporting activities or directly control the specific circumstances in which they take place. Each User is responsible for assessing, before and during an activity, whether conditions are suitable for their participation, taking into account, among other factors, the published level required for the activity, their actual technical ability, experience, physical condition, the condition and suitability of the gear and equipment used, and weather, sea and environmental conditions. The indication of levels on the Platform serves informational and organizational purposes and does not replace that assessment.

In particular, except where liability is legally attributable to metzzo, metzzo will not be responsible for:

  • accidents, injuries, personal injury or property damage occurring during or as a result of participation in an activity;

  • acts, omissions, negligence or breaches by Professional Users, Riders or other participants;

  • the cancellation, modification, delay, interruption or conduct of an activity by its Users;

  • a Professional User's failure to join an activity created by a Rider or the inability to find an available professional;

  • disagreements or disputes between Users relating to an activity;

  • non-payment, payments, returns, refunds or other financial disputes between Riders and Professional Users;

  • loss, theft or deterioration of Users' gear, equipment or personal belongings;

  • consequences arising from weather, sea, environmental or other external circumstances affecting an activity; or

  • content, statements or communications made by Users through activity chats.

For activities between Riders, publishing an activity on metzzo does not mean that metzzo has assessed, verified or certified the experience, level, knowledge, physical condition or ability of the Rider who creates the activity or of other participants.

For activities requiring the involvement of a Professional User, metzzo's verification is limited to checking the documentation required by the Platform and does not mean that metzzo organizes, supervises or controls the activity or guarantees the professional's conduct in a particular situation.

The publication, availability or possibility of booking an activity on metzzo does not, in itself, constitute a guarantee by metzzo of its safety, suitability, quality, availability or appropriateness for a particular User.

Nothing in these Terms and Conditions is intended to exclude or limit any liability of metzzo that cannot validly be excluded or limited under applicable law.

2.10. Cancellation of activities

2.10.1. Cancellation by the organizer

The User listed as the organizer of an activity may cancel it through the features enabled on metzzo until the scheduled start time of the activity.

When canceling an activity, the organizer must indicate the reason for cancellation by selecting one of the following options:

  • Lack of suitable conditions.

  • No professional available.

  • Insufficient attendees.

  • I cannot attend.

  • Other.

When the organizer selects “Other”, they must briefly state the reason for cancellation in the field provided.

Users who are part of the activity will be notified of the cancellation. Participants will be able to see the reason for cancellation indicated by the organizer.

The organizer will be responsible for ensuring that the selected reason and any explanation provided are truthful and reasonably reflect the circumstances that led to the cancellation.

2.10.2. Cancellations made less than 24 hours in advance

metzzo allows an activity to be canceled until its scheduled start time. However, when the organizer cancels an activity less than twenty-four (24) hours in advance, that cancellation will be considered a last-minute cancellation for the purposes of the Platform's operation.

In these cases, Users who were part of the activity may post a review exclusively about the organizer who canceled it, in accordance with metzzo's rating and review system.

The ability to post such a review is intended to allow participants to rate their experience in relation to the organizer's conduct and, in particular, the cancellation of the activity. The ability to review a cancellation does not mean that metzzo considers the cancellation, in itself, to have been unjustified or to constitute a breach.

Reviews must relate to the User's experience concerning the activity or its cancellation, be truthful and comply with metzzo's rules of use and content.

2.10.3. Repeated, abusive or fraudulent cancellations

metzzo may record and take into account cancellations made by organizers, including their frequency, proximity to the scheduled start time and stated reasons, in order to preserve the proper functioning of the Platform and detect potentially abusive or fraudulent behavior.

A cancellation made less than twenty-four (24) hours in advance will not automatically result in measures being taken against the User. However, where metzzo detects a pattern of repeated, unjustified or fraudulent cancellations, or cancellations that could significantly harm other Users or the operation of the Platform, it may take proportionate measures having regard to the circumstances of the case.

These measures may include, among others, warnings to the User, temporary restrictions on certain features or temporary or permanent suspension of the account, in accordance with these Terms and Conditions and applicable law.

Where appropriate, metzzo may take into account, among other factors, the number and frequency of cancellations, their proximity to activity start times, the reasons given, the existence of justifying circumstances and any potential harm caused to other Users.

2.10.4. Cancellations due to unsuitable conditions or safety reasons

Given the nature of the activities available on metzzo, their performance may depend on factors such as weather, sea, environmental, surrounding or safety conditions.

Users must prioritize safety at all times. Where existing conditions do not reasonably allow an activity to be carried out appropriately or safely, the organizer may cancel it by selecting “Lack of suitable conditions”.

Mechanisms intended to review or monitor last-minute cancellations must never be interpreted as an incentive to continue an activity where circumstances may jeopardize participants' safety.

metzzo will not be responsible for cancellation of an activity due to adverse weather, sea or environmental conditions, safety reasons, force majeure or other circumstances beyond its control, without prejudice to each User's legal responsibilities.

2.10.5. Financial consequences of cancellation

metzzo does not process, receive, hold or manage payments for activities carried out through the Platform.

Therefore, when a Rider has made a payment directly to a Professional User, any return, refund or other financial consequence of cancellation must be managed directly between the Rider and the Professional User, in accordance with the conditions applicable to the contracted service and current law.

Canceling an activity within metzzo does not, in itself, determine whether there is a right to a refund of amounts paid outside the Platform.

2.11. Right of withdrawal

Where a contract exists between a Rider who has the legal status of a consumer and a Professional User, current consumer protection law will apply.

As a general rule, distance-contracting legislation grants consumers a right of withdrawal for the legally established period, without needing to justify their decision and subject to the exceptions provided by law.

In particular, the right of withdrawal may not apply to services related to leisure activities where the contract provides for a specific date or period of performance, in accordance with current consumer protection law.

Consequently, where the professional service booked through metzzo is to be provided on a specific date or during a specific period, the corresponding legal regime will apply, taking into account the nature of the service and the circumstances of contracting.

Where a right of withdrawal applies to the contracted service, it must be exercised against the Professional User acting as the service provider, without prejudice to the communication features that metzzo may provide.

This section is without prejudice to any mandatory rights to which the Rider is entitled as a consumer and which cannot validly be excluded or limited.

3. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms and Conditions will be governed by and interpreted in accordance with Spanish law, taking into account that metzzo's services are directed at Users and activities carried out in Spain, without prejudice to any applicable mandatory rules.

The fact that the entity that owns and provides metzzo is incorporated and domiciled in the United States of America will not affect the rights and safeguards to which Consumer Users are entitled under applicable Spanish and European law.

3.1. Consumer Users (Riders)

Where the User is a Consumer User (Rider), any dispute arising from the interpretation, validity, performance or application of these Terms and Conditions, or from the use of metzzo, will be submitted to the courts having jurisdiction under applicable Spanish and European consumer protection law.

In particular, metzzo will not require a Consumer User to submit to the courts of the United States of America or to any jurisdiction other than that applicable under mandatory rules.

Where applicable law so provides, the courts of the Consumer User's place of residence will have jurisdiction.

Nothing in these Terms and Conditions may be interpreted as depriving the Consumer User of the rights, safeguards or protective mechanisms granted to them by mandatory Spanish or European law.

3.2. Professional Users

Where the User acts as a Professional User in the course of their business or professional activity, these Terms and Conditions will be governed by and interpreted in accordance with Spanish law.

For any dispute arising from the interpretation, validity, performance or application of these Terms and Conditions, or from the professional use of metzzo, the Spanish courts determined under applicable territorial and procedural jurisdiction rules will have jurisdiction, unless a mandatory rule provides otherwise.

3.3. Disputes between Users

This section governs disputes that may arise between metzzo and its Users.

Disputes that may arise directly between a Rider and a Professional User, or between other Users, concerning an activity, the provision of a professional service, its price, payment, cancellation, refund or any other matter arising from their relationship must be resolved between the Users concerned under applicable law.

metzzo will not become a party to contractual relationships established directly between Users merely by providing the technological infrastructure that enables activities to be created, published, discovered, booked, organized or participated in, facilitating contact between Users or providing the communication tools available on the Platform, without prejudice to the obligations and liabilities directly attributable to metzzo under applicable law.

3.4. Amicable dispute resolution

Users may contact metzzo at support@metzzo.com to report any complaint or dispute related to use of the Platform and seek an amicable resolution.

This procedure is voluntary and will not constitute a mandatory prerequisite for bringing a matter before the competent courts or restrict the exercise of the User's rights and remedies under applicable law.

4. USER ACCOUNT AND SECURITY

The User will be responsible for providing truthful, accurate and up-to-date information during registration and throughout their use of metzzo, and for keeping up to date any information whose change may be relevant to the Platform's operation.

The User account is personal. The User may not assign, transfer, sell or make their account or access credentials available to third parties, or use an account belonging to another person.

The User will be responsible for keeping their credentials confidential and taking reasonable measures to prevent unauthorized access. They must notify metzzo as soon as they become aware of any unauthorized access to or use of their account or any circumstance that may compromise its security.

metzzo may take reasonably necessary measures to protect the User, other Users and the Platform when it detects or has reasonable grounds to suspect access that is unauthorized, fraudulent or contrary to these Terms and Conditions.

5. RULES OF CONDUCT AND PROHIBITED USES

Users must use metzzo lawfully, diligently, responsibly and respectfully toward other Users, for the Platform's intended purpose and in accordance with these Terms and Conditions and applicable law.

In particular, using metzzo for the following is prohibited:

  • impersonating another person or entity, creating false profiles or deliberately providing false or misleading information;

  • publishing false, manipulated or misleading activities, sporting levels, qualifications, certifications, accreditations, insurance, prices, availability or other information;

  • harassing, threatening, intimidating, discriminating against, defaming or harming other Users;

  • publishing, sending or transmitting content that is unlawful, fraudulent, offensive or infringes third-party rights, including intellectual property, privacy or image rights;

  • using the chat or other features to send spam, unsolicited commercial communications or content clearly unrelated to the Platform's purpose;

  • creating, promoting or coordinating unlawful activities or using metzzo to facilitate conduct contrary to applicable law;

  • manipulating or attempting to manipulate reviews, ratings, participation requests, bookings, capacity, availability or any other Platform feature;

  • using third-party accounts, allowing third parties to use one's own account or creating new accounts to circumvent a restriction or suspension;

  • introducing viruses or malicious code, or taking actions intended to alter, damage, overload, interfere with or gain unauthorized access to metzzo, its systems or those of third parties; or

  • using the Platform in any other way contrary to applicable law, these Terms and Conditions or the legitimate rights and interests of metzzo or third parties.

6. CONTENT PROVIDED BY USERS

Users will retain the rights they hold over photographs, texts, messages, reviews, activity information and other content they upload or communicate through metzzo.

By uploading content to the Platform, the User grants metzzo, for the time and to the extent necessary to provide the services, non-exclusive permission to host, store, technically reproduce, adapt to the necessary technical format, display and make that content available to other Users in accordance with metzzo's features and, where applicable, the privacy settings chosen by the User.

The User declares that they hold the necessary rights, licenses, permissions and authorizations for the content they publish or share and will be responsible for ensuring that it is truthful where applicable and does not violate applicable law or third-party rights.

metzzo may remove, hide, limit the visibility of or restrict access to content when it becomes aware that the content is unlawful, breaches these Terms and Conditions, or where necessary to protect the safety and proper functioning of the Platform, in accordance with applicable law.

7. REVIEWS AND RATINGS

metzzo may allow Users to post reviews or ratings relating to their experience in activities managed through the Platform. The ability to post a review will depend on the features enabled, the type of profile and activity, and whether metzzo can link the User to the activity or circumstance being reviewed.

Where applicable law requires reviews of goods or services to come from consumers who have actually purchased or used them, metzzo will use the information recorded on the Platform concerning the User's participation, booking or relationship with the activity to determine eligibility to review. Reviews of goods or services must be submitted within the applicable statutory period.

Reviews must relate to a real experience, be truthful and relevant, and must not include content that is unlawful, fraudulent, defamatory, discriminatory or threatening, third-party personal data that should not be made public, or any other content contrary to these Terms and Conditions.

In the cases provided for in section 2.10.2, where an activity is canceled by the organizer less than twenty-four (24) hours in advance, Users who were part of the activity may post a review about the organizer under the terms established there.

Where legally applicable, the Professional User to whom a review refers may respond through the designated channel and request its removal where they can demonstrate that it does not come from a person who actually purchased or used the service concerned, is misleading or violates the law or these Terms and Conditions.

metzzo may moderate, hide or remove reviews that breach these rules or applicable law. The existence of a review or rating does not mean that metzzo confirms or endorses its content.

8. MODERATION, RESTRICTION, SUSPENSION AND ACCOUNT TERMINATION

metzzo may take measures concerning content, features or accounts where there are reasonable grounds to believe that there has been a breach of these Terms and Conditions, fraud, impersonation, abusive use of the Platform, a risk to other Users, failure to meet the requirements applicable to Professional Users or any unlawful use of metzzo.

Depending on the nature, severity, frequency and recurrence of the conduct, measures may include warnings, removal or restriction of content, visibility restrictions, temporary restrictions on certain features and temporary or permanent suspension of the account.

Moderation may be based on information reported by Users or third parties, checks carried out by metzzo and technical tools intended to detect possible breaches. Where automated means are used to a significant extent for moderation, metzzo will apply them in accordance with applicable law. metzzo may conduct human review where appropriate, taking into account the nature of the measure and applicable legal obligations.

metzzo will endeavor to ensure that measures taken are proportionate to the circumstances. Where required, it will inform the affected User of the measure taken and its reasons, and of the mechanisms available to request a review or lodge a complaint.

The User may report to metzzo incidents involving potentially unlawful content or conduct, or content or conduct contrary to these Terms and Conditions, through the contact channels made available by metzzo.

The User may stop using metzzo and request deletion of their account in accordance with the available features and the Privacy Policy, without prejudice to retaining any data whose retention is necessary or required under applicable law.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

metzzo and the proprietary elements comprising the Platform, including its software, code, structure, design, interfaces, databases, texts, graphics, logos, trademarks, trade names and other proprietary content, are protected by applicable intellectual and industrial property law.

Access to or use of metzzo does not grant the User any ownership rights over those elements or imply the grant of any license other than a limited, personal, non-exclusive and revocable right to use the Platform in accordance with these Terms and Conditions.

Except with metzzo's express authorization or where legally permitted, reproduction, distribution, transformation, exploitation, extraction, reuse or use of those elements for purposes other than those of the Platform is prohibited. This is without prejudice to Users' rights over content they themselves provide.

10. PRIVACY AND COMMUNICATIONS

Users' personal data will be processed in accordance with metzzo's Privacy Policy and applicable data protection law.

metzzo may send or display operational communications necessary to provide the service, including communications concerning registration and account security, participation requests, bookings, professionals joining activities, activity changes or cancellations, chats, incidents, professional verification and relevant changes affecting the Platform's operation.

Commercial communications, where any are sent, will comply with applicable law and the User's preferences or consent where required.

11. AVAILABILITY AND TECHNICAL OPERATION OF metzzo

metzzo will endeavor to keep the Platform available and operational, but does not guarantee that the service will be uninterrupted or error-free at all times.

Access to metzzo or certain features may be temporarily limited, suspended or affected by maintenance, updates, technical incidents, communications or technology-provider failures, security measures, force majeure or other circumstances reasonably beyond metzzo's control.

metzzo may modify, update or replace features where necessary to maintain, improve, adapt or protect the Platform, always respecting Users' rights under applicable law.

Nothing in this section will exclude or limit any liability of metzzo that cannot validly be excluded or limited under applicable law.

12. AMENDMENTS TO THE TERMS AND CONDITIONS

metzzo may amend these Terms and Conditions where necessary, including because of legislative or regulatory changes, modifications to Platform features, security reasons, technical changes or changes to the services offered.

Where amendments are relevant to Users' rights or obligations, metzzo will notify them appropriately and with the advance notice required under applicable law.

Where the nature of an amendment requires renewed acceptance by the User, metzzo may request it before allowing continued use of the affected features.

The current version of the Terms and Conditions will be available through the Platform and will indicate its last update date.

13. ENTIRE AGREEMENT, SEVERABILITY AND NO WAIVER

These Terms and Conditions, together with the Legal Notice, the Privacy Policy and any other terms or policies expressly incorporated and applicable to a particular feature, govern the relationship between metzzo and the User concerning use of the Platform.

If any provision of these Terms and Conditions is declared wholly or partly invalid, void or unenforceable, this will not affect the validity of the remaining provisions, which will continue to apply to the extent permitted by law.

metzzo's failure to exercise or enforce a right or provision set out in these Terms and Conditions will not constitute a waiver of that right or provision.

14. CONTACT

For questions, incidents or communications concerning these Terms and Conditions or the use of metzzo, Users may contact metzzo at support@metzzo.com, without prejudice to any other support or complaint channels that must be made available to Users under applicable law.