Terms of Use — Ardi Lupa

⚠️ PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE APP.

These Terms of Use constitute a legally binding agreement between you and the Company. By downloading, installing, accessing, or otherwise using Ardi Lupa, you confirm that you (i) are at least eighteen (18) years of age, (ii) have read, understood, and accept these Terms of Use in their entirety, and (iii) have the legal capacity to enter into a binding contract. If you do not agree with any provision of these Terms of Use, do not download, install, or use the App.

1. Introduction and Acceptance

These Terms of Use (hereinafter the "Terms", the "Agreement", or the "ToU") govern your access to and use of the Ardi Lupa mobile application (hereinafter the "App"), made available by New Consciousness Foundation USA LLC, a limited liability company organized under the laws of the State of Texas, United States of America (hereinafter the "Company", "we", "us", or "our"), with parent company Carnegie Corporation S.A., a Paraguayan corporation.

By downloading, installing, accessing, launching, or using the App in any manner whatsoever, you (hereinafter the "User", "you", or "your") expressly and unconditionally acknowledge that you have read, understood, and agreed to be legally bound by these Terms, together with the Ardi Lupa Privacy Policy (incorporated herein by reference), and any other policies, notices, or supplemental terms published by the Company in connection with the App.

These Terms shall be interpreted in accordance with, and shall not derogate from, any mandatory consumer protection laws applicable in your country of residence.

2. Eligibility

Ardi Lupa is intended exclusively for use by adults aged eighteen (18) years or older. By accessing or using the App, you represent, warrant, and covenant that:

You are at least eighteen (18) years of age at the time of first installation and at all times during your use of the App;
You have the full legal capacity and authority to enter into a binding contract under the laws of your jurisdiction of residence;
You are not a person barred from using the App under the laws of the United States, the laws of your country of residence, or any other applicable law;
You are not currently subject to any sanctions, embargoes, or export-control restrictions imposed by the United States government, the European Union, the United Nations, or any other competent authority;
You will use the App in compliance with all applicable laws, regulations, and these Terms.

The App is not designed, intended, or directed at minors, children, or adolescents under the age of eighteen (18). The Company does not knowingly permit use of the App by persons under such age. If the Company becomes aware that a user is under eighteen (18), the Company reserves the right to terminate such user's access to the App without notice. Parents and legal guardians are responsible for supervising minors' use of mobile devices and applications.

2.1 Specific Acknowledgment of Critical Prohibitions

By accepting these Terms, you further specifically acknowledge that you have read, understood, and unconditionally accept the prohibitions set forth in:

Section 7.4 — Strict and Absolute Prohibition Against Photography of Minors;
Section 7.5 — Strict Prohibition Against Sexual, Pornographic, Nude, or Lewd Content.

You understand that violation of either of these prohibitions may result not only in the immediate, automatic, and irrevocable termination of your license to use the App, but also in criminal prosecution under the laws of your jurisdiction and the laws of any other applicable jurisdiction, with severe penalties including, but not limited to, substantial imprisonment. You expressly accept the seriousness of these prohibitions and the consequences of any violation thereof.

3. Definitions

For purposes of these Terms, the following definitions shall apply:

"App" or "Ardi Lupa" means the Ardi Lupa mobile application software, in all its versions, releases, updates, and editions, including any documentation, content, graphics, audio, video, software libraries, and accompanying materials.
"Company" means New Consciousness Foundation USA LLC, together with its parent company Carnegie Corporation S.A., affiliates, subsidiaries, successors, and assigns.
"User" or "you" means the natural person who downloads, installs, accesses, or uses the App.
"Minor" means any person under the age of eighteen (18) years, or under such higher age as may be established as the age of majority or as the age of protection by applicable law in the User's jurisdiction or in the relevant person's jurisdiction, whichever protection is greater.
"Content" means any data, photographs, images, files, text, or other materials generated, captured, stored, processed, or displayed by or through the App.
"Device" means the mobile telephone, tablet computer, or other Android-compatible electronic device on which the App is installed.
"Google Play Store" means the digital distribution service operated by Google LLC for the Android operating system.
"Effective Date" means the date set forth at the top of these Terms, or such later date as the Company may publish a revised version of these Terms.
"Applicable Law" means all laws, statutes, regulations, ordinances, rules, treaties, judicial decisions, and other legally binding instruments applicable to the Company, the User, or the App, including but not limited to consumer protection laws, intellectual property laws, privacy laws, child-protection laws, and accessibility laws.

4. License Grant

Subject to your continued compliance with these Terms and the Ardi Lupa Privacy Policy, the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal, and royalty-free license to download, install, and use the App on a compatible Android-based Device owned or lawfully controlled by you, solely for the purposes contemplated by these Terms.

This license is a grant of a right to use the App, not a sale. Title to and ownership of the App, including all copies, modifications, enhancements, and derivative works thereof, remains at all times with the Company. The Company reserves all rights not expressly granted to you under these Terms.

This license:

Does not transfer any ownership rights in the App to you;
Does not authorize any use of the App outside the scope expressly permitted by these Terms;
May be revoked at any time, with or without cause and with or without notice, in accordance with Section 17 (Termination) below;
Is personal to you and may not be assigned, sublicensed, lent, rented, leased, sold, or otherwise transferred to any third party.

5. Intellectual Property

The App, including without limitation all source code, object code, binaries, executables, graphics, illustrations, icons, user interface designs, sound effects, animations, text, layouts, structure, "look and feel", trademarks, service marks, trade names, logos, and any and all other elements thereof, is the exclusive intellectual property of the Company and/or its licensors, and is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws of the United States, the European Union, Paraguay, Brazil, and all other applicable jurisdictions, as well as by international treaties.

The App is proprietary, closed-source software. The Company has elected not to publish or open-source the App's source code, and considers the secrecy of such source code to be a meaningful component of the App's overall security posture, in addition to its commercial value.

The names "Ardi Lupa", "New Consciousness Foundation", "Carnegie Corporation", and any associated logos, designs, or visual identities are trademarks or trade dress of the Company and its parent entity, and may not be used, reproduced, displayed, or otherwise exploited without the prior written authorization of the Company.

You acknowledge that any unauthorized use, reproduction, distribution, modification, transmission, republication, display, or performance of the App or any of its constituent elements constitutes a violation of the Company's intellectual property rights and may result in civil and/or criminal liability under Applicable Law.

6. Permitted Uses of the App

You may use the App for any lawful purpose, including both personal and commercial purposes, subject to and in compliance with these Terms.

Commercial use is permitted at the User's sole and exclusive responsibility and risk. The Company does not charge for the App and does not provide any warranty, support obligation, service-level commitment, or fitness representation specific to commercial, professional, or enterprise contexts. Users who choose to incorporate the App into a commercial workflow do so on the same "AS IS" and "AS AVAILABLE" basis as personal users, without any additional rights or guarantees.

Important interaction with Section 7 (Prohibited Conduct): The permission of commercial use granted in this Section does not override, modify, or relax the prohibitions set forth in Section 7 below. The prohibited uses enumerated in Section 7 apply regardless of whether the use is personal or commercial in nature. A commercial user is no more permitted to use the App for prohibited safety-critical, exploitative, or unlawful purposes than a personal user.

7. Prohibited Conduct and Prohibited Uses

Statement of Intended Purpose. Ardi Lupa is designed and intended exclusively for the magnification, visual inspection, and optional photography of physical, inanimate objects, documents, plants, natural phenomena, materials, and similar non-personal subjects. The App is a tool for examining things, not persons. While incidental or consensual photography of adult persons is not categorically prohibited (subject to applicable law and to the prohibitions set forth throughout this Section 7), the App is NOT designed, intended, marketed, or suitable as an instrument for the photography of persons in general, and is categorically and absolutely prohibited from being used in connection with Minors, sexual or pornographic content, surveillance of any person, photography in sensitive private spaces, or photography of legally restricted material.

You agree that you will not, and will not permit, encourage, facilitate, or enable any third party to engage in any of the following conduct:

7.1 Prohibited Interactions with the App Itself

Modify, adapt, translate, port, reverse-engineer, decompile, disassemble, decrypt, attempt to derive the source code of, or create derivative works based on the App or any portion thereof, except and only to the extent that such activity is expressly permitted by Applicable Law notwithstanding this prohibition (e.g., as required to ensure interoperability under Article 6 of the EU Software Directive 2009/24/EC, or as permitted under §1201(f) of the United States Digital Millennium Copyright Act);
Circumvent, disable, remove, or otherwise interfere with any security, anti-tampering, authentication, license-management, or access-control mechanism of the App;
Remove, obscure, alter, or falsify any copyright notice, trademark, attribution, or other proprietary notice or identifier embedded in or displayed by the App;
Distribute, sublicense, lease, rent, lend, sell, resell, transfer, assign, host as a service, or otherwise commercially exploit the App or any copy thereof, in whole or in part, to or for the benefit of any third party;
Re-package, re-skin, white-label, or rebrand the App, or incorporate the App into any other software product or service;
Use the App to develop a competing product or service, or to extract, harvest, or replicate the App's design, features, or functionality for such purpose;
Use the App in any manner that could damage, disable, overburden, or impair the App, the Device on which it is installed, or any other software or hardware.

7.2 Prohibited Uses Regardless of Context (Personal or Commercial)

You acknowledge and agree that Ardi Lupa is a simple digital magnifying utility intended solely for general everyday, casual, and recreational use. The App is NOT designed, certified, validated, tested, approved, intended, or suitable for any of the uses enumerated below. Such uses are expressly prohibited under these Terms of Use, and any use of the App in contravention of this prohibition shall be undertaken strictly at the User's sole and exclusive risk, with the User assuming full and complete responsibility for any and all consequences, damages, injuries, losses, or liabilities arising therefrom:

🚫 Medical diagnosis, medical examination, dermatological assessment, ophthalmological assessment, or any other healthcare-related purpose;
🚫 Reading or verifying medical prescriptions, dosage instructions, drug labels, pill identification, or any pharmaceutical information where misreading could endanger health or life;
🚫 Professional inspection of materials, components, structures, products, or specimens in any industrial, commercial, scientific, forensic, archaeological, or quality-control context where reliance on the App's image could result in harm if inaccurate;
🚫 Scientific measurement, metrology, microscopy, laboratory observation, or any application requiring calibrated optical accuracy or traceable measurement;
🚫 Navigational guidance, orientation, way-finding, map reading for safety-critical journeys, or any application affecting personal safety in transportation, aviation, or maritime contexts;
🚫 Legal document verification, signature authentication, contract review, notarial review, or any application bearing legal consequences;
🚫 Financial document verification, currency authentication, security feature verification, check authentication, or any form of fraud detection;
🚫 Inspection of electrical, mechanical, structural, or chemical systems where misjudgment could result in injury, property damage, environmental harm, or loss of life;
🚫 Any safety-critical, mission-critical, security-critical, or life-critical application of any nature whatsoever.

7.3 Prohibited Unlawful Uses (General)

Use the App to violate any Applicable Law, including without limitation laws relating to privacy, data protection, intellectual property, defamation, harassment, stalking, voyeurism, or unauthorized surveillance;
Use the App to capture, store, or otherwise process images of any person without such person's informed consent, where such consent is required by Applicable Law (and, in any case, subject to the absolute prohibitions of Sections 7.4, 7.5, 7.6, and 7.7 below);
Use the App in violation of any third party's rights, including without limitation rights of privacy, publicity, image, dignity, intellectual property, or contractual rights;
Use the App in any manner that could constitute or facilitate the harassment, intimidation, threatening, or harming of any person.

7.4 Strict and Absolute Prohibition Against Photography of Minors

🛑 CRITICAL — READ WITH UTMOST ATTENTION

Notwithstanding any other provision of these Terms, the License granted herein, or any consent that may purportedly be granted by any party:

You shall NOT use the App to view, magnify, observe, capture, photograph, record, store, or otherwise direct the camera feed of the App toward any Minor.

This prohibition applies absolutely and without exception, regardless of:

(a) Whether the Minor is depicted in whole or in part (including any portion of the Minor's body, clothing, face, hair, hands, feet, silhouette, or any other physical aspect, however small or fragmentary);
(b) Whether the Minor is identifiable, unidentifiable, anonymized, pixelated, or otherwise obscured;
(c) Whether the Minor is clothed, partially clothed, or unclothed;
(d) Whether the Minor is awake, asleep, conscious, or unconscious;
(e) Whether or not consent has been granted by the Minor, the Minor's parent, legal guardian, custodian, teacher, healthcare provider, or any other person purporting to authorize such use — all such consent is irrelevant for purposes of this prohibition and shall not constitute a defense to any violation thereof;
(f) Whether the purported purpose is innocent, educational, medical, familial, recreational, journalistic, artistic, scientific, or of any other nature whatsoever.

The intentional aiming, pointing, or directing of the App's camera toward a Minor — for any reason, with any intent, in any context, and for any duration — constitutes a per se violation of these Terms. The User expressly acknowledges and agrees that any such use is strictly, absolutely, and unconditionally forbidden.

In the event of incidental, unintentional, or background presence of a Minor within the camera's field of view while the User is engaged in a permitted use directed at an inanimate object, the User shall immediately reframe, reposition, deactivate, or close the App so as to remove the Minor from the field of view, and shall not capture, save, transmit, or otherwise persist any image containing such Minor.

This prohibition is independent of, and in addition to, any prohibition arising under applicable child-protection and child-exploitation laws, including without limitation:

18 U.S.C. §§ 2251 et seq. of the United States Code, regarding the sexual exploitation and other abuse of children;
The PROTECT Act of 2003 (Pub. L. 108-21) and successor U.S. federal statutes;
The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (United Nations, 2000);
Directive 2011/93/EU of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography;
The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention, 2007);
The Brazilian Estatuto da Criança e do Adolescente (Statute of the Child and Adolescent, Law No. 8.069/1990);
The Paraguayan Código de la Niñez y la Adolescencia (Law No. 1680/2001);
Any equivalent, analogous, or successor law in any jurisdiction.

Violation of this Section 7.4 shall result in immediate, automatic, and irrevocable termination of the User's license to use the App, and may be reported by the Company to competent law enforcement authorities and specialized child-protection organizations to the maximum extent permitted or required by applicable law (see Section 7.9 below). The Company expressly reserves the right to cooperate fully with any law enforcement investigation, judicial proceeding, or administrative inquiry related to suspected violations of this Section.

7.5 Strict Prohibition Against Sexual, Pornographic, Nude, or Lewd Content

You shall NOT use the App to view, magnify, capture, photograph, record, or otherwise image any of the following, regardless of whether the subject is the User themselves, a consenting adult, or any other person:

(a) Sexual acts, sexual activity, or sexual conduct of any nature;
(b) Nude, semi-nude, partially unclothed, or otherwise undressed depictions of any person;
(c) Genitalia, intimate body parts, or primary or secondary sexual characteristics displayed in a sexual, suggestive, or fetishistic manner;
(d) Pornographic, erotic, lewd, lascivious, obscene, or sexually explicit content of any nature, whether produced by the User or pre-existing;
(e) "Upskirt", "downblouse", "creepshot", or any other form of non-consensual, voyeuristic, or surreptitious imaging of clothed or unclothed individuals;
(f) Any content depicting non-consensual sexual conduct, sexual violence, sexual harassment, or sexual exploitation;
(g) Any content that, if distributed, would constitute "revenge pornography" or non-consensual intimate imagery under applicable law.

The App is a general-purpose magnification utility intended for the visual inspection of physical, inanimate objects, documents, and similar non-personal subjects. Its use as an instrument of sexual photography, pornographic content creation, voyeurism, sexual harassment, or sexual exploitation is categorically, absolutely, and unconditionally prohibited.

For the avoidance of any doubt: the prohibitions of this Section 7.5 apply with the maximum possible force when the subject is, or appears to be, a Minor. In such case, Section 7.4 governs concurrently with this Section 7.5, and the conduct in question may constitute one of the most serious criminal offenses recognized under the laws of virtually every jurisdiction on Earth, with severe criminal penalties including substantial imprisonment.

Violation of this Section 7.5 shall result in immediate, automatic, and irrevocable termination of the User's license to use the App, and may be reported by the Company to competent law enforcement authorities to the maximum extent permitted or required by applicable law (see Section 7.9 below).

7.6 Prohibition Against Photography in Sensitive Private Spaces

You shall NOT use the App's camera viewing or photo-capture features in any location or space where a reasonable person would have an expectation of privacy, dignity, modesty, or confidentiality, regardless of whether any person is present in such location at the time of use. Such locations include, without limitation:

Bathrooms, restrooms, lavatories, toilets, and shower facilities (whether public, semi-public, or private);
Changing rooms, dressing rooms, fitting rooms, locker rooms, and any analogous facility used for changing clothing;
Hospitals, clinics, medical examination rooms, psychiatric facilities, and other healthcare settings (except in the User's own personal medical context with the User's own informed and lawful purpose, and subject to all other prohibitions herein);
Bedrooms, private residential areas, and other private living spaces not belonging to the User;
Religious sanctuaries, places of worship, confessionals, ritual spaces, and other locations where prohibition of photography is customary or required;
Schools, daycare facilities, playgrounds, summer camps, pediatric facilities, and any other location primarily frequented by Minors (this prohibition operates in addition to, and not in lieu of, Section 7.4, the requirements of which remain absolute);
Voting booths, polling stations, and other electoral facilities where photography is restricted by law;
Courtrooms, judicial chambers, and other judicial proceedings where photography is restricted by law or court order;
Government facilities, military installations, embassies, consulates, or critical infrastructure where photography is restricted by law, regulation, or posted signage;
Any other space where photography is prohibited by applicable law, by the property owner or lawful occupant, or by clearly posted signage.

The prohibition applies regardless of whether the User holds any purported authorization to be physically present in such location; physical access to a location does not constitute authorization to engage in photography of that location through the App.

7.7 Prohibition Against Stalking, Surveillance, and Unauthorized Monitoring of Adults

Without prejudice to Section 7.4 (which absolutely prohibits any use of the App in connection with Minors) and Section 7.5 (which prohibits sexual content), you shall NOT use the App to engage in any of the following conduct directed at any adult person:

Stalking, following, tracking, or surveilling any person without such person's knowledge and freely given informed consent;
Covertly, surreptitiously, or non-consensually photographing, observing, or recording any person, whether in public, semi-public, or private spaces;
Monitoring the activities, movements, communications, or whereabouts of any person without lawful authority and informed consent;
Gathering imagery of any person for purposes of harassment, intimidation, threat, coercion, doxxing, blackmail, or any analogous form of abuse;
Capturing imagery of any person in violation of any applicable anti-stalking, anti-harassment, anti-voyeurism, or privacy-protection law of any jurisdiction;
Using the App as a component of any device, apparatus, or system designed to facilitate unauthorized surveillance, including without limitation hidden-camera setups, peephole assemblies, or remote-monitoring rigs.

The App is designed for the magnification of physical, inanimate objects, and is not authorized or licensed by the Company for use as a surveillance instrument against any individual.

7.8 Prohibition Against Photographing Copyright-Protected or Otherwise Legally Restricted Material

You shall NOT use the App to view, magnify, capture, photograph, record, or otherwise image any subject matter the photography of which is prohibited or restricted by applicable law, including without limitation:

Copyright-protected works (such as paintings, drawings, sculptures, manuscripts, sheet music, photographs, illustrations, comic books, theatrical sets, cinematic frames, or other artistic or literary works) where photography of such works for the purpose of reproduction, distribution, public display, or any other restricted act would constitute copyright infringement under applicable law, and where such photography is not covered by an applicable exception or limitation (such as fair use, fair dealing, private copy, or quotation);
Trademark-protected material or trade-secret-protected information where photography would constitute trademark infringement, trade-secret misappropriation, or breach of confidentiality;
Classified, confidential, or national-security material the photography of which is restricted by applicable law, regulation, executive order, security clearance restriction, or duty of confidentiality;
Personal identification documents belonging to others (such as passports, identity cards, driver's licenses, social security cards, residence permits, or analogous instruments) where photography is not authorized by the document's lawful holder or by applicable law;
Financial instruments and negotiable instruments belonging to others, including without limitation credit cards, debit cards, bank checks, money orders, or banknotes, where photography would facilitate fraud, counterfeiting, identity theft, or unauthorized use;
Currency reproduction in jurisdictions where photographic reproduction of currency is restricted by law (such as under the United States Counterfeit Detection Act of 1992 and analogous laws in other jurisdictions);
Postal mail, sealed envelopes, or private correspondence belonging to others, where photography would constitute a violation of postal-secrecy laws or correspondence-confidentiality laws;
Material protected by attorney-client privilege, doctor-patient confidentiality, journalist-source privilege, or analogous professional duties, where photography is not authorized by the privilege-holder;
Voting ballots and electoral materials in jurisdictions where photography of ballots is restricted by electoral law;
Museum, gallery, or exhibition contents where photography is restricted by the institution's posted policies or contractual entry conditions;
Theatrical, musical, sporting, or other performances where photography is restricted by the venue's posted policies, ticket terms, or applicable law;
Any other subject matter the photography of which is prohibited, restricted, or sanctioned by any applicable law, regulation, ordinance, ruling, court order, contractual obligation, or duty of confidentiality.

The User is solely responsible for ensuring that any photography conducted using the App complies with all applicable laws and respects all applicable rights of third parties. Ignorance of applicable restrictions shall not constitute a defense to a violation of this Section.

7.9 Reporting and Cooperation with Law Enforcement

The Company is committed to the responsible operation of the App, the protection of vulnerable persons (and particularly Minors), and to compliance with applicable child-protection, anti-exploitation, and public-safety laws.

Notwithstanding the App's offline architecture and the consequent absence of any server-side monitoring or telemetry capability (as described in the Privacy Policy), in the event that the Company becomes aware, through any means whatsoever (including without limitation reports from third parties, judicial process, journalistic inquiry, or law-enforcement contact), of any credible information or evidence suggesting that a User has engaged in, or is engaging in, conduct prohibited under Section 7.4 (Minors) or Section 7.5 (Sexual/Pornographic Content), the Company reserves the right and may consider itself obligated to:

Immediately, automatically, and irrevocably terminate the offending User's license to use the App;
Cooperate fully and in good faith with any law enforcement investigation, judicial proceeding, prosecutorial inquiry, or administrative process related to such suspected conduct;
Report such suspected conduct to competent law enforcement authorities, regulatory agencies, and specialized child-protection organizations, including without limitation:
The National Center for Missing & Exploited Children ("NCMEC") in the United States (https://www.missingkids.org/);
The CyberTipline operated by NCMEC (https://report.cybertip.org/);
The International Association of Internet Hotlines ("INHOPE") network (https://www.inhope.org/);
The Internet Watch Foundation ("IWF") in the United Kingdom (https://www.iwf.org.uk/);
Europol's European Cybercrime Centre (EC3) in the European Union;
INTERPOL's Crimes Against Children unit;
SaferNet Brasil in Brazil (https://new.safernet.org.br/);
The Secretaría Nacional de la Niñez y la Adolescencia (SNNA) of Paraguay;
Local law enforcement, prosecutorial, and judicial authorities in any relevant jurisdiction;
Any other competent reporting body designated by applicable law.
Preserve, and provide upon lawful request, any information in the Company's possession relevant to such investigation, to the maximum extent permitted by applicable data-protection law.

Nothing in these Terms shall be construed to limit, delay, or condition the Company's ability to comply with any mandatory reporting obligation arising under applicable law, or to cooperate in good faith with competent authorities investigating suspected criminal conduct.

The User acknowledges and accepts the Company's right and stated intention to act on these reservations in the event of any suspected violation of Sections 7.4 or 7.5, and waives any claim against the Company arising out of such cooperation with law enforcement undertaken in good faith.

7.10 General Enforcement and No Implied Permission

The Company has no obligation, and no technical means, to monitor, detect, prevent, or enforce the prohibitions set forth in this Section 7, given the App's offline-only architecture and the complete absence of any user account, telemetry, server-side component, or other monitoring capability. Compliance with these prohibitions is therefore entrusted to the responsibility, good judgment, and lawful conduct of each individual User.

The absence of monitoring capability shall not be construed as implied permission, tacit consent, or practical waiver of any prohibition. The prohibitions of Section 7 remain in full legal force regardless of the Company's practical capacity to detect violations. Notwithstanding the foregoing, the Company reserves the right (but not the obligation) to terminate the license granted herein and pursue any other available legal remedy in the event of any actual or suspected violation of any prohibition set forth herein.

8. App Updates, Modifications, and Discontinuation

The Company may, from time to time and at its sole discretion, release updates, upgrades, patches, bug fixes, feature additions, feature removals, or other modifications to the App (collectively, "Updates"). Updates are distributed exclusively through the Google Play Store's standard update mechanism and are subject to the Google Play Store's terms and policies regarding update distribution.

You acknowledge and agree that:

Updates may add, change, remove, deprecate, or replace App features, functionalities, or user interface elements at any time and without prior individualized notice;
The Company has no obligation to maintain backward compatibility with previous versions of the App or with previous Android operating system versions;
The Company may, at its sole discretion, discontinue the App entirely at any time, with or without notice, in which case these Terms shall terminate in accordance with Section 17 below;
Your continued use of the App following the release of any Update constitutes your acceptance of such Update and of any associated changes to the App's functionality.

9. Third-Party Services and Platform Dependencies

The App is distributed through, and depends upon, certain third-party platforms, services, and operating systems, including without limitation:

The Google Play Store, operated by Google LLC;
The Android operating system, developed and maintained by Google LLC and the Open Handset Alliance;
The device manufacturer's hardware and firmware, including camera drivers, sensors, and other components.

Your use of these third-party platforms is governed by the respective terms of service, end-user license agreements, and privacy policies of the corresponding providers. The Company has no control over, and assumes no responsibility for, the content, policies, performance, availability, or practices of any such third-party platform. You acknowledge and agree to comply with all applicable third-party terms in addition to these Terms.

The Company is not affiliated with, sponsored by, or endorsed by Google LLC, Samsung Electronics, or any other third-party platform provider, unless expressly stated otherwise in writing.

10. Privacy

Your privacy is important to the Company. The collection, processing, and protection of any data in connection with the App is governed by the Ardi Lupa Privacy Policy, which is incorporated into these Terms by this reference and forms an integral part hereof. The Privacy Policy is available at:

🌐 https://fundacionnuevaconsciencia.com/app/ardilupa/

By accepting these Terms, you also acknowledge that you have read and understood the Privacy Policy. In summary, and without prejudice to the full text of the Privacy Policy, the Company does not collect any personal data through the App, which operates entirely offline.

11. Pricing, Future Monetization, and Reservation of Rights

💚 NOTICE — ARDI LUPA IS, AS OF THE EFFECTIVE DATE OF THESE TERMS, COMPLETELY AND UNCONDITIONALLY FREE OF CHARGE.

✅ No advertisements of any kind, in-app or otherwise;

✅ No in-app purchases or microtransactions;

✅ No subscription fees or recurring charges;

✅ No premium tiers or feature paywalls;

✅ No usage limits, time limits, or session caps;

✅ No upsells, cross-promotions, nag screens, or promotional interruptions;

✅ No data monetization (consistent with the Privacy Policy: no data is collected to monetize);

✅ No monetary obligations of any kind associated with the download, installation, or use of the App.

You receive 100% of the App's current functionality at zero cost, with zero strings attached, and zero hidden conditions.

The App is currently provided to you free of charge. No payment, subscription, or fee of any kind is required to download, install, or use the App in its present form.

The Company expressly reserves the right, at its sole discretion and at any time, to:

Introduce premium features, optional in-app purchases, or paid tiers in future versions of the App;
Distribute alternative versions of the App with additional functionality on a paid basis;
Display advertisements or promotional content, subject to a corresponding update to the Privacy Policy and the Google Play Data Safety disclosures;
Modify, discontinue, or restructure the App's pricing model in any other manner.

Any future paid features or services shall be subject to additional terms specifically applicable thereto, which shall be disclosed to the User at the time of purchase. No current User has any vested right, expectation, or entitlement to the continued availability of any specific feature, or to the continued provision of the App on a free-of-charge basis. The Company makes no representation or commitment regarding the future pricing model of the App.

12. DMCA Notice and Takedown Procedure

The Company respects the intellectual property rights of others and expects Users and third parties to do the same. In accordance with the United States Digital Millennium Copyright Act of 1998 ("DMCA"), the Company will respond to clear notices of alleged copyright infringement that comply with the DMCA's requirements.

12.1 Filing a DMCA notice

If you believe in good faith that any element of the App, or any content distributed in connection with the App, infringes upon your copyright, you may submit a written notification of alleged copyright infringement to the Company's designated agent (see Section 25 below). To be effective under the DMCA, your notification must include:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material claimed to be infringing, with sufficient detail to enable the Company to locate it;
Contact information for the complaining party (full name, postal address, telephone number, and email address);
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the copyright owner.

Notifications that do not substantially comply with the foregoing requirements may be ineffective and may be disregarded.

12.2 Counter-notification

If you receive notice that material attributed to you has been removed in response to a DMCA notification, you may submit a counter-notification in accordance with 17 U.S.C. §512(g)(3).

12.3 Repeat infringers

The Company reserves the right, at its sole discretion, to terminate the access of any User who is determined to be a repeat infringer of intellectual property rights.

12.4 Misrepresentations

Any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages under 17 U.S.C. §512(f).

13. Disclaimer of Warranties — "As-Is" Provision

Ardi Lupa is provided to you free of charge and on an "AS IS" and "AS AVAILABLE" basis, without warranties or representations of any kind, either express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, New Consciousness Foundation USA LLC, its parent company, its affiliates, subsidiaries, directors, officers, employees, agents, contractors, licensors, and service providers hereby disclaim all warranties, whether express, implied, or statutory, including but not limited to:

Warranties of merchantability;
Warranties of fitness for a particular purpose;
Warranties of accuracy, completeness, or correctness;
Warranties of reliability, availability, or uninterrupted operation;
Warranties of non-infringement of third-party rights;
Warranties arising from course of dealing, course of performance, or trade usage;
Warranties that the App will be error-free, bug-free, or free of malicious code;
Warranties that defects in the App will be corrected.

You acknowledge and agree that Ardi Lupa is a simple digital magnifying utility intended solely for general everyday, casual, and recreational use. The App is NOT designed, certified, validated, tested, approved, intended, or suitable for any of the uses enumerated in Section 7.2 of these Terms. Such uses are expressly prohibited under these Terms of Use, and, to the extent that any user nonetheless engages in such uses in contravention of this express prohibition, such use shall be undertaken strictly at the user's sole and exclusive risk, with the user assuming full and complete responsibility for any and all consequences, damages, injuries, losses, or liabilities arising therefrom.

You acknowledge that the App's magnification level, image clarity, color accuracy, focus accuracy, low-light performance, and overall optical performance depend on numerous factors entirely outside our control, including but not limited to your device's camera hardware, lens quality, sensor size, image processor, ambient lighting conditions, focus distance, hand stability, and the physical characteristics of the object being viewed. We make no representation or warranty regarding the suitability of the App for any specific use case, and the App should not be relied upon as a substitute for purpose-built professional optical equipment.

Nothing in this Section, or anywhere else in these Terms, is intended to exclude or limit any liability that cannot be excluded or limited under applicable law, including without limitation liability for gross negligence, willful misconduct, fraud, fraudulent misrepresentation, death, or personal injury caused by negligence. Where applicable law does not permit the exclusion of certain warranties, the duration and scope of such warranties shall be limited to the minimum permitted by such law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall New Consciousness Foundation USA LLC, its parent company Carnegie Corporation S.A., their respective affiliates, subsidiaries, directors, officers, employees, agents, contractors, licensors, service providers, or successors-in-interest be liable to you or to any third party for any of the following, whether arising in contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory:

(a) Any indirect, incidental, special, consequential, exemplary, or punitive damages;
(b) Any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of data, loss of use, or loss of opportunity;
(c) Any cost of substitute goods or services;
(d) Any damages arising out of or relating to your use of, inability to use, reliance upon, or interaction with the App;
(e) Any damages arising out of or relating to unauthorized access to or alteration of your device, photographs, or other content;
(f) Any damages arising out of any matter relating to the App;

even if we have been advised of the possibility of such damages, and even if any remedy set forth herein is found to have failed of its essential purpose.

In any jurisdiction that does not allow the exclusion or limitation of certain damages, our aggregate liability to you for all claims arising out of or relating to the App or these Terms shall not exceed the greater of (i) the total amount you paid to us for the App in the twelve (12) months preceding the claim, which, for a free application, equals zero (USD $0.00), or (ii) the minimum amount permitted by applicable law.

You acknowledge that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and the Company, and that without such disclaimers and limitations the Company would not be able to provide the App to you free of charge.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parent company Carnegie Corporation S.A., their respective affiliates, subsidiaries, directors, officers, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of, relating to, or resulting from:

(a) Your breach or alleged breach of any provision of these Terms or the Privacy Policy;
(b) Your use or misuse of the App, including without limitation any use prohibited under Section 7 above;
(c) Your violation or alleged violation of any Applicable Law or of any right of any third party (including without limitation rights of privacy, publicity, intellectual property, or contractual rights);
(d) Your willful misconduct, gross negligence, or fraudulent acts in connection with the App;
(e) Any content, photograph, or material captured, stored, processed, or distributed by you using the App;
(f) Any cooperation by the Company with law enforcement or child-protection authorities pursuant to Section 7.9, in the event that such cooperation pertains to your conduct.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. You agree not to settle any matter that is the subject of indemnification under this Section without the prior written consent of the Company.

This indemnification obligation shall survive the termination of these Terms and your discontinuation of use of the App.

16. Export Controls and Sanctions Compliance

The App is subject to the export-control laws and regulations of the United States, including without limitation the U.S. Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce, and the economic sanctions programs administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. The App may also be subject to the export-control laws of other jurisdictions, including the European Union and the United Kingdom.

By downloading, installing, or using the App, you represent, warrant, and covenant that:

You are not located in, ordinarily resident in, or a national of any country subject to a comprehensive U.S. trade embargo (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or any other country designated by the U.S. government as a "terrorist-supporting" country;
You are not listed on, and are not owned or controlled by any person listed on, any U.S. government list of prohibited or restricted parties, including without limitation OFAC's Specially Designated Nationals and Blocked Persons List, the Sectoral Sanctions Identifications List, the Foreign Sanctions Evaders List, the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List;
You will not use, export, re-export, transfer, or otherwise make available the App, directly or indirectly, in violation of any Applicable Law;
You will not use the App for any prohibited end-use, including without limitation any nuclear, chemical, biological, missile, or other weapons-related end-use.

17. Termination

17.1 Termination at will (by either party)

Either party may terminate this Agreement at any time, for any reason or for no reason, with or without notice:

You may terminate these Terms at any time by ceasing all use of the App and uninstalling it from all of your Devices;
The Company may terminate these Terms, suspend or revoke your license to use the App, or discontinue the App entirely, at any time and at its sole discretion, with or without prior notice and without any liability to you.

17.2 Termination for cause

Without prejudice to the foregoing, the Company may terminate this Agreement and revoke your license to use the App immediately, with or without notice, in the event of:

Any breach by you of any provision of these Terms or the Privacy Policy;
Any unlawful, fraudulent, or abusive use of the App;
Any actual or suspected violation of the prohibitions set forth in Section 7 (and particularly, but not exclusively, Sections 7.4 and 7.5);
Any conduct by you that, in the Company's reasonable judgment, exposes the Company, the App, or other users to legal, reputational, or operational risk.

17.3 Effect of termination

Upon termination, for any reason:

All rights and licenses granted to you under these Terms shall immediately cease;
You shall immediately discontinue all use of the App and uninstall the App from all Devices under your control;
Sections that by their nature are intended to survive termination (including, without limitation, Sections 5 (Intellectual Property), 7.4 through 7.10 (Prohibitions and Reporting), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18–21 (Governing Law, Dispute Resolution, Arbitration, Class Action Waiver), 22 (Force Majeure), and this Section 17.3) shall continue in full force and effect.

Termination is without prejudice to any rights, remedies, or claims that may have accrued to either party prior to termination.

18. Governing Law

These Terms, and any dispute, claim, controversy, or matter arising out of or relating to these Terms or to the App (whether in contract, tort, statute, or otherwise), shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles, except to the extent that the mandatory laws of your country of residence provide otherwise and afford you greater protection.

Nothing in this Section shall be construed to deprive any consumer residing in the European Union, the European Economic Area, the United Kingdom, Switzerland, Brazil, Paraguay, or any other jurisdiction with mandatory consumer protection laws of the rights afforded to such consumer under the mandatory laws of his or her country of residence.

19. Dispute Resolution and Binding Arbitration (Users Resident in the United States)

⚠️ IMPORTANT NOTICE — PLEASE READ CAREFULLY. This Section 19 requires Users resident in the United States to resolve disputes with the Company through binding individual arbitration rather than in court, and waives certain rights including the right to a jury trial and the right to participate in class actions. This Section 19 does NOT apply to Users resident in the European Union, the European Economic Area, the United Kingdom, Switzerland, Brazil, or any other jurisdiction whose mandatory consumer-protection laws prohibit binding pre-dispute arbitration of consumer claims. Such Users retain all rights provided under their local laws.

19.1 Scope

For Users resident in the United States, any dispute, claim, controversy, or cause of action arising out of or relating to these Terms or to the App (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration, conducted in accordance with this Section 19, except for:

Claims by either party for injunctive or other equitable relief for the alleged unlawful use of intellectual property;
Small-claims-court actions, provided that such claims qualify and remain in small-claims court;
Claims that cannot, as a matter of Applicable Law, be subject to mandatory pre-dispute arbitration.

19.2 Arbitration administration

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator. The seat of arbitration shall be Harris County, Texas, United States of America, and the language of the arbitration shall be English. The arbitrator shall apply the laws of the State of Texas as set forth in Section 18.

19.3 Pre-arbitration informal resolution

Before initiating arbitration, the User and the Company agree to attempt in good faith to resolve any Dispute informally for a period of at least sixty (60) days, beginning on the date a written notice of dispute is delivered to the other party. Notices to the Company shall be sent to the contact address in Section 25.

19.4 Opt-out right

You may opt out of this arbitration agreement by sending the Company written notice of your decision to opt out, postmarked or emailed within thirty (30) days of the date you first accepted these Terms (or, for existing Users at the time these Terms become effective, within thirty (30) days of such Effective Date). The notice must include your full name and a clear statement that you wish to opt out of arbitration. Send the notice to the contact address in Section 25.

19.5 Application limited to U.S. Users

For the avoidance of doubt: this Section 19 (Arbitration) and Section 20 (Class Action Waiver) apply exclusively to Users resident in the United States of America. Users resident in the European Union, European Economic Area, United Kingdom, Switzerland, Brazil, Paraguay, or any other jurisdiction whose mandatory consumer-protection laws prohibit or limit binding pre-dispute arbitration or class-action waivers retain all rights afforded under their respective local laws, including the right to bring proceedings before competent courts of their country of residence.

20. Class Action Waiver (Users Resident in the United States)

To the maximum extent permitted by applicable law, for Users resident in the United States:

All Disputes between you and the Company shall be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, representative, or private-attorney-general action or proceeding;
The arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of consolidated, representative, or class proceeding;
The arbitrator may award relief only on an individual basis, only to the extent necessary to provide relief warranted by the individual claim, and only to the individual claimant.

As stated in Section 19.5, this Class Action Waiver does not apply to Users resident in jurisdictions whose mandatory consumer-protection laws prohibit such waivers, including but not limited to the European Union, the European Economic Area, the United Kingdom, Switzerland, and Brazil. Such Users retain all rights to participate in class actions, collective proceedings, or representative actions to the extent permitted by their local law.

If the Class Action Waiver in this Section 20 is found to be unenforceable as to any particular claim or particular form of relief, then that particular claim or particular form of relief (and only that claim or form of relief) shall be severed from arbitration and may be brought in court, while all other claims shall remain subject to arbitration.

21. Dispute Resolution for Non-U.S. Users

For Users resident outside the United States, and without prejudice to any mandatory consumer-protection laws applicable to such Users:

Disputes shall, in the first instance, be addressed through good-faith negotiation between the User and the Company. Notices shall be sent to the contact address in Section 25;
Failing amicable resolution, Disputes may be brought before the competent courts of the User's country of residence, or before the state or federal courts of Harris County, Texas, United States, at the User's election;
EU, EEA, UK, Swiss, and Brazilian Users specifically retain the right to bring proceedings before the consumer-protection bodies, ombudsmen, courts, or alternative dispute resolution platforms of their country of residence, in accordance with applicable local law (including, for EU Users, the European Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr);
Paraguayan Users retain the right to bring proceedings before the competent consumer-protection authorities and courts of the Republic of Paraguay.

22. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations, if any) to the extent that such failure or delay is caused by circumstances beyond such party's reasonable control, including without limitation:

Acts of God, natural disasters, fires, floods, earthquakes, severe weather, or pandemics;
War, armed conflict, acts of terrorism, civil unrest, insurrection, or riots;
Strikes, lockouts, or other labor disturbances;
Failures or disruptions of the internet, telecommunications networks, power grids, or third-party platforms (including the Google Play Store or the Android operating system);
Acts, orders, requirements, or restrictions of any governmental, regulatory, or judicial authority;
Cyberattacks, denial-of-service attacks, or other malicious third-party activities;
Any other event or circumstance beyond such party's reasonable control.

The affected party shall use commercially reasonable efforts to mitigate the effect of the force majeure event and to resume performance as soon as practicable.

23. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, in whole or in part, whether by operation of law or otherwise, without the prior written consent of the Company. Any attempted assignment without such consent shall be null and void.

The Company may freely assign, transfer, delegate, or sublicense any of its rights or obligations under these Terms, in whole or in part, at any time and without notice to you, including without limitation in connection with a merger, acquisition, corporate reorganization, sale of substantially all assets, or change of control.

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. Miscellaneous

24.1 Language

These Terms are originally drafted, executed, and published in the English language. Translations into Spanish, Portuguese, or any other language may be provided for convenience and informational purposes only. In the event of any inconsistency, ambiguity, conflict, or discrepancy between the English version and any translated version, the English version shall prevail and govern, except where mandatory local law of the User's country of residence requires otherwise.

24.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, such provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect, unimpaired and unmodified.

24.3 No waiver

The failure or delay of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company.

24.4 Entire agreement

These Terms, together with the Ardi Lupa Privacy Policy and any supplemental terms or notices published by the Company in connection with the App, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and supersede any and all prior or contemporaneous understandings, agreements, representations, warranties, or communications, whether written or oral, with respect to such subject matter.

24.5 Headings

The headings used in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.

24.6 Independent contractors

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.

24.7 Third-party beneficiaries

Except as expressly stated herein, these Terms do not confer any rights or remedies upon any person or entity other than the parties hereto.

24.8 Changes to these Terms

The Company may, from time to time, update, revise, amend, or restate these Terms to reflect changes in legal requirements, App functionality, or business practices. The "Last updated" date at the top of these Terms will be revised accordingly. Material changes will be communicated through reasonable means, which may include in-app notifications, updates to the App's Google Play Store listing, or posts on the Company's website. Your continued use of the App following any such modification shall constitute your acceptance of the modified Terms, except where applicable law requires affirmative consent.

25. Contact Information

If you have any questions, comments, concerns, complaints, requests, or formal notices (including DMCA notifications under Section 12, opt-out notices under Section 19.4, notices of dispute under Section 19.3, or reports of suspected violations of Section 7.4 or 7.5) regarding these Terms of Use, please contact us using the information below:

New Consciousness Foundation USA LLC Attn: Legal Department — Ardi Lupa 14112 S Post Oak Rd Houston, TX 77045 United States of America

📧 Email: support@newconsciousnessfoundation.com 🌐 Website: https://fundacionnuevaconsciencia.com/app/ardilupa/

We will endeavor to respond to all legitimate inquiries within a reasonable time and, where applicable law mandates specific response timeframes, within such mandated timeframes.

Parent company: Carnegie Corporation S.A. (a Paraguayan corporation)

These Terms of Use are published in compliance with the Google Play Store Developer Program Policies (2026 edition), the United States Digital Millennium Copyright Act (DMCA), the Federal Arbitration Act (9 U.S.C. §§ 1–16), 18 U.S.C. §§ 2251 et seq. and the PROTECT Act of 2003 regarding the protection of minors from exploitation, the United Nations Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, EU Directive 2011/93/EU on combating child sexual abuse, the Council of Europe Lanzarote Convention, the Brazilian Estatuto da Criança e do Adolescente (Law No. 8.069/1990), the Paraguayan Código de la Niñez y la Adolescencia (Law No. 1680/2001), applicable consumer protection laws of the European Union (including Directive 93/13/EEC on unfair terms in consumer contracts and Directive 2011/83/EU on consumer rights), the United Kingdom Consumer Rights Act 2015, the Brazilian Consumer Defense Code (Lei No. 8.078/1990), the Paraguayan Law No. 1334/1998 on Consumer Protection, and other applicable laws.