The terms and conditions outlined herein shall be understood as accepted by the user(s) and/or client(s) who acquire or receive the provision of the SaaS (Software as a Service) service, and are materialized and regulated in this agreement of terms and conditions (contract), which shall have a binding effect on the parties, and thus:
Between the undersigned, namely PLASPY (self-management platform), who for the purposes of this contract shall be referred to as the CONTRACTOR, on the one hand, and you as the (user and/or client), who shall be referred to as the CONTRACTING PARTY, together the contracting party and the contractor shall be referred to as the parties, who have voluntarily, freely, and spontaneously decided to enter into this contract for the acquisition of access service to the digital platform PLASPY, which will be provided through SAAS (SOFTWARE AS A SERVICE) and shall be governed by the following clauses:
FIRST.- OBJECT: The CONTRACTOR shall provide the CONTRACTING PARTY with free access to the digital platform of PLASPY, through the SAAS (SOFTWARE AS A SERVICE) service, which will allow them to track and monitor devices based on existing georeferencing networks, for the period of time chosen prior to the acceptance of the terms and conditions by the CONTRACTING PARTY. Paragraph. The services described in this clause are restricted to access to the digital platform of PLASPY through SAAS (SOFTWARE AS A SERVICE), so that the CONTRACTING PARTY autonomously performs and manages the tracking and monitoring of devices, and the customization of functions, tools, and commands, which will be limited to the type of membership and time that the CONTRACTING PARTY has chosen prior to accepting the terms and conditions. The CONTRACTOR does NOT provide platform administration and/or customization services, nor surveillance, tracking, or satellite monitoring services for devices.
SECOND.- TERM: The parties declare that this contract shall not have a specific term of execution, and its duration shall be subject to the service plan (technical specifications) that the CONTRACTING PARTY has chosen prior to accepting the terms and conditions that suit their needs.
THIRD.- COMMENCEMENT: The parties agree that the commencement date of this contract shall be the moment when the terms and conditions are accepted and/or the activation on the PLASPY platform is carried out.
FOURTH.- PRICE: The parties agree that the consideration for the service shall be a value that will be adjusted according to the service plan chosen by the CONTRACTING PARTY (technical specifications) prior to the signing of the terms and conditions. First Paragraph. The CONTRACTOR is obliged to deliver the respective invoice to the CONTRACTING PARTY for the acquired service, and it shall contain the itemized values, taking into account the current and applicable regulations. Second Paragraph. The CONTRACTING PARTY is obliged to make advance payment of the monthly or annual subscription to PLASPY. Third Paragraph. The CONTRACTOR will NOT make any type of return and/or refund, whether for advance payment or promotional activation of the service.
FIFTH.- SERVICE COVERAGE: The CONTRACTOR offers continuous and permanent access to the PLASPY platform, during the times agreed upon prior to the acceptance of the terms and conditions by the CONTRACTING PARTY. First Paragraph. PLASPY has an optimal and high-quality service with a 99.95% SLA availability, which guarantees continuous and permanent functionality. However, a small percentage is reserved for possible interruptions, alterations, damage to servers, or service availability that may affect the normal development and operation of PLASPY. Such circumstances do not constitute a contractual breach by the CONTRACTOR. Second Paragraph. The functionality of PLASPY as a self-management platform may be affected by the action or omission of the CONTRACTING PARTY, considering that the latter is responsible for NOT identifying critical events, alerts corresponding to the devices, due to lack of administration, monitoring, or services associated with the account and which are their responsibility.
SIXTH.- AUTHORIZATION OF PERSONAL DATA: The CONTRACTING PARTY freely, expressly, and voluntarily declares that they authorize the collection and processing of their personal data, necessary for the subscription of the service, and is fully aware of the data processing policies used by the CONTRACTOR and understands their rights and duties. Likewise, the CONTRACTING PARTY authorizes the CONTRACTOR to consult and/or report the CONTRACTING PARTY in databases or credit information centers. Paragraph. Similarly, the CONTRACTING PARTY freely, expressly, and voluntarily authorizes the processing of their personal data to carry out global statistics, the purpose of which is to seek constant updating and improvement of the service.
SEVENTH.- OF THE CONTRACTING PARTY: The CONTRACTING PARTY freely, expressly, and voluntarily declares that they know and understand the service they are acquiring, its operation, nature, and scope, as well as each and every one of the components necessary to obtain correct and optimal operation. Likewise, the CONTRACTING PARTY declares under oath and through the acceptance of the terms and conditions that they are of legal age, meet the legal requirements, and have the capacity to enter into contracts and acquire the service, given its nature and object.
EIGHTH.- INSTALLATION, REVIEW, OR UNINSTALLATION: The installation, review, or uninstallation shall be the responsibility of the CONTRACTING PARTY. If, during the execution of any of these, functional or structural damage, loss of the device, or the SIM card occurs, the latter shall bear the costs generated.
NINTH.- INDEMNITY: The CONTRACTOR shall NOT be obligated to respond fully or partially for claims, damages, or losses caused to third parties resulting from the misuse or the final destination that the CONTRACTING PARTY gives to the service or product. First Paragraph. The CONTRACTING PARTY is obliged to make responsible use of the service, in accordance with the data processing policies and complying with each and every one of the prerogatives established in the current legal framework. Second Paragraph. If the misuse of the acquired products is demonstrated, the subscription will be canceled and pertinent legal actions will be initiated.
TENTH FIRST.- REGISTRATION: In order to provide optimal and efficient service, the CONTRACTING PARTY freely and voluntarily accepts the data processing policies and undertakes to provide truthful, accurate, and exact information about the data necessary to complete the respective registration on the PLASPY digital platform. Paragraph. The omission or alteration of the necessary information for subscription on the PLASPY digital platform by the CONTRACTING PARTY may result in the immediate cancellation of the service and the taking of pertinent legal actions.
TENTH SECOND.- FREE TRIAL: The CONTRACTOR offers one (1) month of free trial on the PLASPY digital platform, which will not generate any cost and will apply solely and exclusively to new users who do not have or have not had the service. Paragraph. If the CONTRACTING PARTY alters, modifies, or conceals information in order to obtain the benefits described in this clause, the benefit will be canceled and its cancellation and annulment will proceed.
TENTH THIRD.- MOBILE DEVICES: The CONTRACTOR offers the free download of the PLASPY platform for mobile devices, with a one (1) month free trial for new users. First Paragraph. The CONTRACTING PARTY should consider the normal rates of their telecommunications service provider, which may generate additional fees or costs for text messaging, browsing, voice calls, or data. Second Paragraph. The CONTRACTING PARTY is obliged to uninstall the application from the mobile device or report if they change, sell, or deactivate their mobile phone device, so that the respective update can be made in the system within a period not exceeding 48 hours, thus ensuring that the records generated in the application do not correspond to third parties who acquire said device.
TENTH FOURTH.- RATIONAL USE OF SERVICES: The CONTRACTING PARTY undertakes to make rational and responsible use of the service, without affecting the availability of servers, with excessive or irrational location queries or notifications. Paragraph. The limits of queries and electronic notifications will be adjusted according to the availability of PLASPY. Excessive or irrational use of daily queries or electronic notifications may directly affect the normal provision of the service.
TENTH FIFTH.- CONFIDENTIALITY: The parties agree and accept to keep confidential the information that has been exchanged or transmitted on the occasion of this contract, including the data stored on the PLASPY digital platform. The parties agree not to disclose confidential information of the same to third parties, unless with prior consent or in compliance with a court order.
TENTH SIXTH.- CHANGES TO TERMS AND CONDITIONS: The CONTRACTOR shall be entitled to make changes to this policy of terms and conditions without prior notification, considering that although PLASPY offers unlimited access to the digital platform for periods of time, this does not correspond to a post-payment plan, and the contractual link may be terminated due to lack of payment.
TENTH SEVENTH.- ASSIGNMENT: The CONTRACTING PARTY is NOT authorized to assign the contract, given its nature. Such assignment may be made with the prior authorization of the CONTRACTOR. If the CONTRACTING PARTY carries out an assignment NOT authorized by the CONTRACTOR, the latter will annul the current contractual relationship and initiate a contractual relationship with the new CONTRACTING PARTY.
TENTH EIGHTH.- CAUSES FOR TERMINATION OF CONTRACT: The following are causes for termination of the contract or suspension of the service:
- By mutual agreement of the parties.
- For failure to make the respective payment corresponding to the membership.
- For breach by either party.
- For the omission of equipment registration by the CONTRACTING PARTY.
- When it is demonstrated that the CONTRACTING PARTY contracted the service for fraudulent or illicit purposes.
- When it is evidenced that the CONTRACTING PARTY entered into the contract by concealing or impersonating the necessary information.
- Due to the suspension of activities by the PLASPY platform as SAAS (SOFTWARE AS A SERVICE).
Total or partial breach of any of the clauses described herein or violation of the current legal framework. Paragraph. When a contractual breach by the CONTRACTING PARTY is declared, the CONTRACTOR shall NOT be obliged to reimburse or return the amount paid.
TENTH NINTH.- RESPONSIBLE USE: The CONTRACTING PARTY undertakes to make responsible use of the PLASPY platform, acting in accordance with the current and applicable law, as well as following good customs, respecting morality and ethics, safeguarding the rights of third parties unrelated to the contractual relationship. Failure to comply with this will result in the suspension of the service and the subsequent deletion of the created account.
TWENTIETH.- COPYRIGHT: The PLASPY digital platform offers a variety of tools and services, and among these, the ability to upload content to each user's account can be found. However, such images and content uploaded to the digital platform must comply with the data processing policies, respecting the integrity and rights of other people and complying with the current and applicable regulations on copyright. Thus, the responsibility for the omission, violation, or infringement of any legal prerogative shall lie with the CONTRACTING PARTY.
The CONTRACTING PARTY guarantees that they hold all rights (or have the necessary authorizations) to the photos, files, and other content ("Content") they upload to Plaspy, and exempts the CONTRACTOR from any third-party claims. The CONTRACTING PARTY grants the CONTRACTOR a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, modify, publish, and distribute the Content, in whole or in part, in any existing or future media or format, for the purpose of promoting, marketing, training, and demonstrating Plaspy's services. This license subsists as long as the Content remains accessible on the platform or in the CONTRACTOR's promotional materials, and survives the termination of this contract to the extent necessary for the fulfillment of the indicated purposes.
Paragraph. The CONTRACTING PARTY may use a variety of maps offered by different platforms, but their use is subject to the approval of usage permissions and, in some cases, additional costs that must be borne by the contracting party, as established by the terms and conditions of said platforms. Likewise, and in the understanding that it is the CONTRACTING PARTY who uses these platforms, they are obliged to make responsible use, fully complying with the current and applicable law for the protection of copyright.
TWENTY-FIRST.- UPDATE: In order to optimize and improve the quality of our service and the experience of our users, PLASPY is constantly updating, consolidating our high security standards and always at the forefront of the digital market.
TWENTY-SECOND.- COLLECTION OF PERSONAL DATA: The personal data necessary for the signing and subscription of the service will be processed in accordance with current applicable laws and in accordance with our data processing policies. The CONTRACTOR will not use the personal data collected for a purpose other than the provision or improvement of the service. Paragraph. The contractor, in compliance with the legal and institutional mandate, undertakes to carry out constant updates to maintain the security of the PLASPY digital platform. For this reason, financial data is managed by the various existing payment providers, who have the necessary PCI certifications and are regulated and supervised by the Financial Superintendence. It is important to highlight that PLASPY is characterized by maintaining the highest security standards in the market and is constantly updating to ensure optimal operation, continuously improving its security protocols. As a result of this, PLASPY has not experienced failures or data leaks.
TWENTY-THIRD.- PLASPY DATA: The data generated in tracking activity, issued by the devices, and the use of the PLASPY digital platform will be stored and made available to users for a period not exceeding one (1) year. Paragraph. The data stored in connection with the activity will be deleted at the request of the CONTRACTING PARTY. Said data will be completely deleted and not partially, in order to guarantee the integrity, reliability, and veracity of the information collected and stored.
TWENTY-FOURTH.- RESPONSIBILITY OF THE CONTRACTOR: The contractor's responsibility is limited to its obligation to allow access to the PLASPY digital platform during the periods paid for by the CONTRACTING PARTY. Paragraph. The CONTRACTOR shall NOT be civilly liable for damages caused to the CONTRACTING PARTY.
TWENTY-FIFTH.- DISPUTE RESOLUTION: In case of discrepancy, difference, or conflict between the Parties, they agree to resolve them directly and amicably. For this purpose, they stipulate a term of 15 business days. Once the aforementioned term has expired and the difference or controversy persists, either Party is free to resort to extrajudicial conciliation, arbitration tribunal, or ordinary justice for its resolution.
TWENTY-SIXTH.- NOTIFICATIONS: The CONTRACTOR will receive the respective notifications regarding requests, complaints, or claims at:
City: Bogotá D.C
Address: carrera 17 N° 70ª- 01
Email: info@plaspy.com
Phone: +57 601 5803299
In accordance with the foregoing, the parties freely, expressly, and voluntarily accept the terms and conditions described herein, under the agreed parameters and prerogatives.