Terms and Conditions

1. Acceptance and scope

These Terms and Conditions (the "Terms") constitute a contract between you and FORTGEST and govern your access and use of the Ponte11 mobile application, its public pages and related features (collectively, the "Service").

By checking the acceptance box, creating an account, or using the Service after these Terms have been presented to you, you confirm that you have read and accept them. You also acknowledge the Privacy Policy, which explains how we process personal data, but does not form part of these Terms except where expressly stated. If you do not accept them, do not create an account or use the Service.

You must have reached the age of majority in your place of residence and have the legal capacity to contract. If you use Ponte11 on behalf of an organization, you represent that you have authority to bind it; these user Terms do not substitute the agreements that FORTGEST may enter into with merchants.

Notice to residents of the United States: section 17 contains an individual arbitration agreement, a waiver of trial by jury, and a waiver of class actions. You may opt out within 30 days following the first acceptance. These provisions do not apply where prohibited.

2. What Ponte11 offers

Ponte11 lets you discover nearby merchants and promotions, follow merchants, claim free coupons, store them in a digital wallet, and present them for redemption at participating establishments.

Ponte11 is a technology discovery and validation service. FORTGEST does not sell the goods or services advertised, does not receive payments from the user within the application, does not manage cards, and is not a party to any purchase contract entered into directly between the user and the merchant. Each merchant is responsible for its products, services, facilities, prices, availability, and compliance with the promotions it publishes.

The Service may include recommendations, filters, or content based on location, interests, popularity, or availability. These features are informative and do not constitute advice or a guarantee that an offer is suitable for you.

3. Account and security

You may register with an email and password or sign in using Google or Apple. You agree to:

• provide accurate information and keep it up to date;
• protect your credentials and not share the account;
• not create accounts using false identities or to circumvent restrictions;
• notify us immediately of any unauthorized access; and
• maintain a valid contact method.

You are responsible for the activity you voluntarily carry out from your account. You will not be liable for activity caused exclusively by a security failure attributable to FORTGEST or after you have timely informed us of unauthorized access, to the extent required by law.

4. Location, notifications, and communications

With your permission, Ponte11 uses precise location while you use the features that require it to show nearby merchants and coupons and to validate redemptions. We do not request location in the background. You may disable the permission or the location-sharing option; some features may be limited and the app may display a previously saved city.

Push notifications and promotional communications are optional and can be managed from Ponte11, the device, or the unsubscribe link included in the message. Even if you disable promotions, we may send you communications that are indispensable regarding security, account, support, legal changes, or transactions initiated by you. See the Privacy Policy for information on how this data is processed.

5. Coupon terms

Each coupon may include particular terms — issuing merchant, participating establishments, description, validity, schedule, available quantity, age, applicable products, exclusions, method and redemption limit — that are shown before you claim or use it. Those terms form part of these Terms and, for that promotion, prevail in the event of a conflict with the general rules of this section.

Unless the coupon states otherwise:

• it may only be used within its validity and while availability exists;
• one use per account is permitted and it cannot be duplicated, resold, or exchanged for money;
• it is personal and non-transferable when linked to an account or a unique code;
• it has no cash value and does not generate change, credit, or a refund from FORTGEST;
• it must be presented at the merchant and marked as redeemed only upon completing the transaction;
• a confirmed redemption is final and the coupon cannot be used again; and
• promotions subject to age may only be used by persons who meet the legal requirement and present identification to the merchant where applicable.

Free coupons do not guarantee the reservation of products or services. The merchant may decline a redemption due to expiration, lack of availability, failure to comply with terms, or reasonable indications of fraud. It may not retroactively modify a term already offered when applicable law prohibits it. If you believe a promotion is false, was incorrectly declined, or does not match what was published, keep the coupon information and write to info@fortgest.com. We will facilitate the review, without replacing the remedies you may exercise directly against the merchant.

6. Merchants and third-party services

Merchants act independently; they are not employees, agents, partners, or representatives of FORTGEST. Ponte11 does not control the physical safety of their establishments nor manufacture, prepare, or provide their goods and services. Nothing in these Terms excludes the merchant's own liability or the mandatory consumer rights you have against it.

The Service may contain maps, authentication, links, or features from Google, Apple, and other third parties. Their use may be subject to their own terms and policies. A link or the appearance of a merchant does not mean that FORTGEST guarantees, certifies, or recommends all of its products or practices.

7. License to use

While you comply with these Terms, FORTGEST grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use Ponte11 on devices you own or control, solely for personal purposes and in accordance with the rules of the store from which you downloaded it.

The license does not transfer ownership of the application nor authorize you to copy, sell, rent, distribute, modify it, create derivative works, reverse engineer it, extract its source code, or circumvent technical measures, except to the extent applicable law forbids restricting any of those activities.

8. Acceptable use

You may not use the Service to:

• commit fraud, deception, impersonation, or infringe third-party rights;
• falsify location, manipulate codes, or alter the claiming or redemption process;
• create multiple accounts to circumvent limits or improperly take advantage of promotions;
• resell, duplicate, illegally transfer, or generate unauthorized coupons;
• introduce malware, interfere with security, or access systems or data without authorization;
• use robots, scraping, mass extraction, abusive automation, or overload the infrastructure;
• probe for vulnerabilities without prior written authorization;
• use information from the Service to harass, discriminate, or cause harm; or
• violate laws, sanctions, intellectual property rights, or these Terms.

We may apply reasonable technical limits to protect the Service and ensure equitable access.

9. Content and intellectual property

Ponte11, its software, design, compilation, visual identity, databases, and its own content belong to FORTGEST or its licensors and are protected by applicable laws. Trademarks, images, and materials provided by merchants belong to their respective owners.

Merchants are responsible for having sufficient rights over what they publish. If you believe content infringes copyright, trademark, or other rights, send to info@fortgest.com your identification, description of the work or right, location of the content, contact details, a statement of good faith, and the additional information required by law. We may remove or restrict content during the review.

Comments or suggestions you voluntarily send us may be used to improve Ponte11 without any obligation to compensate, provided they do not include confidential third-party information; this does not transfer ownership of your personal data.

10. Availability and changes to the Service

We work to keep Ponte11 available and secure, but we do not guarantee that it will operate without interruptions, delays, or errors. We may perform maintenance, fix bugs, update compatibility, modify features, or withdraw content. When a change materially reduces a core feature, we will attempt to communicate it with reasonable advance notice, except where urgent for security, legal compliance, or causes beyond our control.

We may discontinue the Service in whole or in part. When reasonably possible, we will give notice and offer time to consult relevant account information. Coupons and remedies against merchants will be governed by their terms and applicable law.

11. Suspension, review, and termination

We may limit, suspend, or terminate an account when there is a material breach, reasonably substantiated fraud or abuse, risk to people or systems, a legal requirement, use that could create liability, or prolonged inactivity previously notified.

Except in urgent situations, investigations that could be compromised, or legal prohibitions, we will inform you of the general reason and, where appropriate, give you a reasonable opportunity to remedy it or request human review through info@fortgest.com. We will apply measures proportionate to the severity and recurrence.

You may stop using Ponte11 and delete your account in accordance with the Privacy Policy and the Delete your account page. Termination extinguishes the license but not the provisions that by their nature must survive, including intellectual property, liability, disputes, and outstanding obligations. Data processing after termination is governed by the Privacy Policy.

12. Legal warranties and disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available". FORTGEST makes no additional warranties regarding continuity, an absolute absence of errors, availability of promotions, or results derived from use, and disclaims implied warranties only where they may be legally excluded.

Nothing in these Terms limits mandatory warranties, non-waivable consumer rights, or the merchant's direct liability for its goods or services. Some countries or states do not allow certain disclaimers; in them they will apply only to the permitted extent.

13. Limitation of liability

To the maximum extent permitted by law, FORTGEST will not be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, or data loss arising from the Service when they were not foreseeable or are attributable to merchants, devices, networks, or third parties beyond our control.

Where the law allows a limit to be set, FORTGEST's total liability related to the Service will not exceed the greater of USD 100 or the higher minimum amount required by applicable law.

These exclusions and limits do not apply to fraud, willful misconduct, intentional conduct, gross negligence, death or personal injury, violations whose liability cannot be limited, or mandatory consumer rights and remedies. Each limitation will apply only to the extent legally valid in your jurisdiction.

14. Force majeure

Neither party will be liable for delays or failures caused by events reasonably beyond its control — such as natural disasters, conflicts, widespread telecommunications failures, governmental acts, or severe infrastructure attacks — except with respect to obligations that cannot legally be excused. The affected party will take reasonable measures to reduce the impact.

15. Sanctions and export controls

You may not use or facilitate the Service where doing so would violate applicable economic sanctions or export controls. You represent that you are not a blocked or restricted person or entity under the applicable United States authorities and that you will not use Ponte11 in a territory subject to a general prohibition that legally prevents FORTGEST from providing the Service. Sanctions may be general or target specific persons, entities, sectors, or activities, and will apply according to their current scope.

16. Informal resolution of disputes

Before initiating arbitration or litigation, you and FORTGEST will attempt to resolve the dispute in good faith for 30 days, unless the law allows you to go directly to an authority or requires a different procedure. The notice must be sent to info@fortgest.com with the subject "Notice of dispute" and include name, account email, description, relevant facts, and the requested solution. FORTGEST will send notices to the email associated with your account.

This procedure does not prevent seeking urgent measures, filing claims before consumer or data protection bodies, or suspending deadlines when the law does not allow it.

17. Arbitration for residents of the United States

17.1 Agreement and exceptions

If you reside in the United States, you and FORTGEST agree that any dispute related to these Terms or the Service that is not resolved informally will be decided by individual binding arbitration, not before a judge or jury. Excluded are claims eligible for small claims court, individual requests for injunctive relief for misuse of intellectual property or unauthorized access, and matters that by law cannot be submitted to arbitration.

17.2 Rules, place, and authority

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the claim is filed and the Federal Arbitration Act. There will be one neutral arbitrator. The hearing may be held by documents, telephone, or videoconference; if physical presence is required, it will take place reasonably near your residence, unless otherwise agreed.

The arbitrator may grant the same individual remedies available in court and will issue a reasoned decision. It may not adjudicate claims or grant relief in favor of persons who are not parties to the individual arbitration.

17.3 Costs

The consumer will pay at most the initial fee set by the AAA consumer fee schedule, subject to applicable waivers. FORTGEST will pay the other administrative fees and arbitrator fees required of the business. Each party will bear its own professional fees, unless a law or the arbitrator permits recovery. FORTGEST will not seek to pass its costs on to you unless the arbitrator determines that the claim was filed for harassment purposes or was manifestly frivolous, in accordance with the applicable rules.

17.4 Waivers and severability

You and FORTGEST waive trial by jury and agree to bring claims only in an individual capacity, not as a plaintiff or member of a class, consolidated, or representative action. If a part of this waiver is unenforceable as to a particular claim, that claim will be decided by the competent court after the arbitrable parts conclude, unless the law requires another outcome. The rest of the arbitration agreement will remain in effect.

17.5 Opt-out

You may opt out of arbitration without affecting the rest of the Terms. You must write to info@fortgest.com within 30 days following your first acceptance, with the subject "Arbitration opt-out", stating your name, account email, and an unambiguous statement of opt-out. The opt-out is individual.

18. Users outside the United States and governing law

Except where a mandatory rule provides otherwise, these Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules.

If you are a consumer outside the United States, you retain the mandatory protection of the laws of your residence and may go before the courts and resolution mechanisms that those laws recognize. Section 17 does not apply if you reside outside the United States. Nothing prevents filing claims before competent administrative authorities.

19. App store terms

If you downloaded Ponte11 from the Apple App Store, you acknowledge that:

• these Terms are entered into between you and FORTGEST, not Apple;
• the license is limited to Apple devices you own or control and is subject to Apple's usage rules, including Family Sharing where applicable;
• FORTGEST, not Apple, is responsible for Ponte11, its maintenance, support, and claims related to the application;
• Apple has no obligation to provide maintenance or support;
• in the event of the failure of an applicable legal warranty, you may notify Apple and Apple may refund the download price, if any; to the maximum extent permitted, Apple will have no further warranty obligation;
• FORTGEST, not Apple, will handle claims about product liability, legal requirements, consumer protection, or intellectual property infringement related to Ponte11;
• you must comply with applicable third-party terms; and
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it after your acceptance.

If you downloaded Ponte11 from Google Play, your use is also subject to the Google Play terms. Google is not a party to this contract and is not responsible for Ponte11, except as required by its own terms.

20. Changes to these Terms

We may update these Terms due to legal, operational, technical, or security changes. We will publish the current version with its date and communicate material changes with reasonable advance notice through the application, email, or another appropriate means, except in cases of legal or security urgency.

Changes will not have retroactive effect. If a material modification requires consent, we will request it before it takes effect. If you do not accept it, you may stop using Ponte11 and delete your account. A change to the arbitration section will not affect disputes already noticed, and we will offer the possibility to reject it where legally required.

21. General provisions

• Entire agreement: these Terms and the particular conditions of each coupon constitute the agreement regarding the use of the Service.
• Severability: an invalid provision will be limited or removed only to the extent necessary, and the rest will remain in force, except as specifically provided for arbitration.
• No waiver: failing to enforce a provision immediately does not mean waiving it.
• Assignment: you may not assign these Terms without consent. FORTGEST may assign them in a reorganization, merger, acquisition, or transfer of the Service, with notice where required and without reducing mandatory rights.
• Relationship: these Terms do not create a partnership, franchise, employment, agency, or fiduciary relationship between you and FORTGEST or between FORTGEST and merchants.
• Headings: the headings are for readability and do not alter the interpretation.
• Electronic communications: you agree to receive contractual notices by electronic means, without prejudice to legal form requirements.
• Language: translations may be offered. In the event of a discrepancy, they will be interpreted consistently with the Spanish version, without limiting mandatory rights arising from the language presented to the consumer.

22. Contact

For legal questions, support, or notices related to these Terms:

FORTGEST LLC

30 N Gould St Ste N, Sheridan, WY 82801, United States

info@fortgest.com

Recommended subject: "Terms — Ponte11"

Requests related to personal data are handled in accordance with the Privacy Policy.