Terms of use

1.1. These Terms of Use (the Terms) govern the conditions for downloading, installing, accessing and using the rebelde mobile application and the website through which it is distributed.

1.2. Downloading, installing or using the Application, and accessing the Website, confer the status of User and constitute full and unreserved acceptance of each and every provision of these Terms in the version published at the time of access.

1.3. A User who does not accept these Terms must refrain from downloading, installing and using the Application.

2.1. XLYNX: the entity that owns and publishes the Application and the Website, together with its officers, employees, contributors and licensors.

2.2. The Application: the software known as rebelde, in any of its versions, distributed in APK format.

2.3. The Website: the pages accessible under the domain through which the Application is distributed.

2.4. The User: any natural person who downloads, installs or uses the Application, or who accesses the Website.

2.5. The Carrier: the telecommunications company with which the User holds a contractual relationship and over whose network SMS messages are carried.

2.6. Content: any message, text, data or material transmitted or received by the User by means of the Application.

3.1. The Application is software that executes entirely on the User's device and whose function is to encrypt Content prior to its transmission as binary SMS messages.

3.2. XLYNX provides no electronic communications service, operates no communications network, does not act as an intermediary service provider in respect of Content, and takes no part whatsoever in the transmission, routing, storage or delivery of messages.

3.3. Messages are physically carried over the Carrier's network, under the contractual relationship between the Carrier and the User, and at the rates the Carrier has established. XLYNX is not a party to that relationship and assumes no liability arising from it, including any charges the Carrier passes on to the User. The User acknowledges that a single message may be fragmented into several SMS and incur the corresponding cost.

3.4. The Application requires no registration, creates no user accounts and establishes no communication with any XLYNX system.

4.1. XLYNX grants the User a personal, free of charge, revocable, non-exclusive, non-sublicensable and non-transferable licence to install and use the Application on devices they own or control, subject to these Terms.

4.2. This licence entails no assignment or transfer of any intellectual or industrial property right. All rights not expressly granted are reserved to XLYNX.

4.3. The distribution of modified versions of the Application under the rebelde name, or in any manner liable to cause confusion as to its origin, is prohibited, as is the use of the rebelde name or the distinctive signs of XLYNX to endorse, promote or market third-party products or services without prior written authorisation.

5.1. The User undertakes to use the Application in accordance with the law, public order and these Terms, and is answerable to XLYNX and to third parties for any breach of this obligation.

5.2. The User represents and warrants that they will not use the Application for any of the following purposes: (a) the commission, planning, facilitation, concealment or incitement of any conduct constituting a criminal offence or administrative infringement; (b) threatening, coercing, harassing, stalking, extorting or intimidating third parties; (c) any activity relating to the exploitation or abuse of minors, including the production, possession or distribution of material depicting them; (d) terrorist activity, organised violence, or the glorification of either; (e) trafficking in persons, weapons, controlled substances or any goods whose trade is unlawful; (f) fraud, deception, identity theft or forgery; (g) the disclosure of third-party personal data without legal basis or consent; (h) the transmission of material whose possession or dissemination is unlawful in the jurisdiction applicable to the User; (i) the circumvention of international sanctions, embargoes or restrictive measures applicable to them; and (j) any other use prohibited by the legislation applicable to the User.

5.3. The list set out in clause 5.2 is illustrative and not exhaustive.

5.4. The User is solely responsible for the Content they transmit and receive, for its lawfulness, for the consequences arising therefrom, and for obtaining any authorisations required under the legislation applicable to them.

6.1. The Application implements end-to-end encryption. Cryptographic keys are generated and reside exclusively on the devices of the participants. The Application does not declare the internet access permission, a fact verifiable in the manifest of the APK file itself, and therefore lacks the technical capacity to establish a connection with any system of XLYNX or of any third party.

6.2. As a consequence of the architecture described in clause 6.1, XLYNX lacks the technical capacity to: (a) access Content transmitted or received; (b) monitor, moderate, filter, block or remove Content; (c) intercept any transmission; (d) identify the Users of the Application or ascertain their number; (e) suspend or terminate use of the Application by any particular User; or (f) recover, restore or retain Content.

6.3. The limitations set out in clause 6.2 are a structural characteristic of the design of the Application and not an internal policy decision capable of modification or exception. XLYNX cannot alter them, whether on its own initiative or at the request of any third party.

6.4. XLYNX does not monitor, and assumes no obligation to monitor, the use Users make of the Application, such monitoring being technically impossible. Accordingly, XLYNX assumes no liability of any kind for Content transmitted or received by Users, nor for damages of any nature arising from such Content or from the use any User makes of the Application.

6.5. The inability of XLYNX to identify a User who breaches these Terms or applicable law does not render such breach lawful, does not relieve the infringing User of any liability, and does not transfer that liability to XLYNX.

6.6. XLYNX makes available to the public a tool intended to enable private communication between individuals. The purpose, content and consequences of the use each User makes of that tool rest exclusively with that User.

7.1. The encryption implemented by the Application protects the contents of messages. It does not conceal their existence or the data associated with their transmission.

7.2. The User acknowledges and accepts that the Carrier has access to the traffic data associated with messages, including the originating number, destination number, date and time, frequency and size of each transmission, and that it is not technically possible to prevent this by means of encryption.

7.3. The User further acknowledges that in certain jurisdictions ownership of the SIM card is linked to an identity document, and that such linkage is outside the control of XLYNX.

8.1. The use, import, export and distribution of encryption software is subject to specific regulation and, in certain jurisdictions, restricted or prohibited.

8.2. It is the exclusive responsibility of the User to verify, prior to downloading and using the Application, that such use complies with the legislation applicable to them by reason of their nationality, residence or location.

8.3. The User represents and warrants that they are not located in an embargoed territory, that they do not appear on any list of sanctioned persons or entities, and that they will not use the Application in contravention of restrictive measures applicable to them.

9.1. The Application is supplied as is and as available, without warranty of any kind, express or implied, and in particular without the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement of third-party rights.

9.2. XLYNX does not warrant that the Application is free from errors or vulnerabilities, that its operation will be uninterrupted, that messages will in fact be delivered, that delivery will occur within any given time, or that the cryptographic measures implemented will withstand an adversary with sufficient resources or a device that has already been compromised.

9.3. The User acknowledges having been informed of the protection limits of the Application, which are set out on the Website, and accepts that those limits form an integral part of these Terms.

9.4. No technical measure guarantees the security of communications on its own. The User assumes the assessment of the risk associated with their particular circumstances.

10.1. To the fullest extent permitted by applicable law, XLYNX shall not be liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, loss of data, business interruption or reputational harm, arising from the use of or inability to use the Application or the Website, regardless of the legal theory on which the claim is founded and even if XLYNX had been advised of the possibility of such damages.

10.2. The exclusion provided for in clause 10.1 expressly comprises: (a) the non-delivery or delayed delivery of messages; (b) the loss of Content resulting from the loss, theft, failure or reset of the device; (c) access by the Carrier or by any third party to the traffic data described in clause 7; (d) unauthorised access to the User's device by any cause; and (e) damages arising from the use any third party makes of the Application.

10.3. In jurisdictions that do not permit the total exclusion of liability, such liability shall be limited to the amount actually paid by the User to XLYNX as consideration for the Application, which is nil, the Application being free of charge and donations being voluntary and not constituting consideration.

10.4. Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited.

11.1. The User shall hold XLYNX harmless against any claim, demand, proceeding, penalty, judgment, damage, loss or expense, including reasonable legal defence costs, arising from their use of the Application, from the Content they transmit or receive, or from any breach of these Terms or of the legislation applicable to them.

12.1. Donations are voluntary and gratuitous in nature and do not constitute consideration for the Application, which is supplied free of charge.

12.2. Making a donation confers on the donor no right to technical support, additional functionality, priority, participation in the project or influence over its development, and creates no contractual relationship beyond the donation itself.

12.3. Payment processing is carried out entirely by Stripe, Inc., subject to its own terms. XLYNX does not access payment instrument data.

12.4. Save where mandatory law provides otherwise, donations are non-refundable. Requests founded on error may be addressed to legal@xlynx.com.

13.1. Use of the Application requires having attained the age of majority under the legislation applicable to the User, or otherwise the consent and supervision of their legal guardian.

14.1. XLYNX reserves the right to amend these Terms. The version in force shall at all times be the one published on this page, identified by its update date.

14.2. Continued use of the Application following publication of an amendment constitutes acceptance of that amendment.

14.3. The User may terminate the relationship at any time by uninstalling the Application.

14.4. XLYNX may cease distributing or maintaining the Application at any time and without notice. As the Application operates independently of any XLYNX system, previously installed copies will remain functional, no remote deactivation mechanism being available to XLYNX.

14.5. Clauses 5, 6, 9, 10, 11 and 16 shall survive termination.

15.1. A declaration by a competent authority that any provision of these Terms is void, invalid or unenforceable shall not affect the validity of the remaining provisions, which shall remain in force.

15.2. Any failure by XLYNX to exercise a right under these Terms shall not constitute a waiver of that right.

16.1. These Terms are governed by the laws of the State of Texas, United States of America, excluding its conflict of law rules.

16.2. For the resolution of any dispute arising from these Terms, the parties submit to the competent courts of that territory, without prejudice to any forum mandatorily available to a User who qualifies as a consumer.

17.1. Legal communications concerning the Application or the Website may be addressed to legal@xlynx.com.