The terms and conditions indicated here will be understood to be accepted by the user (s) and / or client (s) who acquire or receive the provision of the SaaS service (Software as a Service), and are materialized and regulated in this agreement of terms and conditions (contract), which will have a binding effect for the parties, it is as follows:
Among the subscribers, namely PLASPY (self-management platform) who for the purposes of this contract will be called the CONTRACTOR , on the one hand and on the other, you as (user and / or client), who will be called the CONTRACTOR , in Together the contractor and the contractor will be called the parties, who have decided voluntarily, freely and spontaneously to enter into a contract for the acquisition of the access service to the PLASPY digital platform , which will be provided through SAAS (SOFTWARE AS A SERVICE- SOFTWARE AS A SERVICE) which will be governed by the following clauses:
FIRST.- OBJECT: the CONTRACTOR will give the CONTRACTOR free access to the PLASPY digital platform, through the SAAS service (SOFTWARE AS A SERVICE- SOFTWARE AS A SERVICE), which will allow you to track and monitor devices, with based on the existing georeferencing networks, for the period of time chosen prior to the acceptance of the terms and conditions by the CONTRACTOR . Paragraph. The services described in this clause are restricted to access to PLASPY's digital platform throughSAAS (SOFTWARE AS A SERVICE), so that the CONTRACTOR carry out and autonomously manage 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 CONTRACTOR has chosen prior to the acceptance of terms and conditions. The CONTRACTOR does NOT provide the administration and / or customization services of the platform, nor the surveillance, tracking or satellite monitoring service of devices.
SECOND.- VALIDITY: the parties declare that this contract will not have an execution period, and its duration will be subject to the service plan (technical sheet), which the CONTRACTOR has chosen prior to the acceptance of the terms and conditions that are accommodate your need.
THIRD.- START: the parties agree as the starting date of this contract, at the moment the terms and conditions are accepted and / or activation is carried out on the PLASPY platform .
FOURTH.- PRICE: the parties agree as consideration for the service, a value that will be adjusted according to the service plan chosen by the CONTRACTING PARTY (technical sheet) prior to signing the terms and conditions. Paragraph first . The CONTRACTOR undertakes to deliver the respective invoice to the CONTRACTOR for the service acquired and it will contain the values discriminated against the above, taking into account the current and applicable regulations. Second paragraph. The CONTRACTOR undertakes to make the payment in advance, of the monthly or annual subscription toPLASPY. Third paragraph. The CONTRACTOR NOwill make a return and / or refund of any kind, either for advance payment or promotional activation of the service.
FIFTH.- SERVICE COVERAGE: the CONTRACTOR offers continuous and permanent access to the PLASPY platform , at the times agreed upon prior to the CONTRACTOR's acceptance of the terms and conditions . Paragraph first. PLASPY has an optimal and high quality service with an availability of 99.95% SLA, which guarantees continuous and permanent functionality. However, a small percentage is reserved for possible interruptions, alterations, damage to the servers or the availability of the service that may affect the development and normal operation of PLASPY . Said circumstances do not constitute contractual breach by theCONTRACTOR .Second paragraph. The functionality of PLASPY as a self-management platform may be affected, by the action or omission of the CONTRACTOR, the above taking into account that this is responsible, for NOT identifying critical events, alerts corresponding to the devices, due to the lack of administration , monitoring or services associated with the account and which are your responsibility.
SIXTH.- AUTHORIZATION OF PERSONAL DATA: the CONTRACTOR states freely, expressly and voluntarily that he authorizes the collection and processing of his personal data, necessary for the subscription of the service and has full knowledge of the data processing policies used by the CONTRACTOR and understands the rights and duties that assist you. Likewise, the CONTRACTOR authorizes the CONTRACTOR to consult and / or report to the CONTRACTOR in databases or credit information centers. Paragraph. In the same way, the CONTRACTORfreely, expressly and voluntarily authorizes the processing of your personal data, to carry out global statistics, which are intended to constantly update and improve the service.
SEVENTH.- OF THE CONTRACTOR: the CONTRACTOR states freely, expressly and voluntarily, that he knows and is clear about the service he acquires, such as its operation, nature and scope, as well as each and every one of the components necessary to obtain a correct and optimal performance. Likewise, the CONTRACTOR declares under the gravity of oath and through the acceptance of the terms and conditions, that he is of legal age and that he meets the legal requirements and has the capacity to enter into contracts and acquire the service, given its nature and object.
EIGHTH.- INSTALLATION, REVIEW OR UNINSTALLATION: The installation, revision or uninstallation will be in the head of the CONTRACTOR , if in the execution of any of these, it results a functional, structural damage, loss of the device or the SIM card, this will have to assume the costs that are generated.
NINTH.- INDEMNITY: the CONTRACTOR will NOT be obliged to respond in whole or in part for claims, damages or losses caused to third parties generated by improper use or the final destination that theCONTRACTOR gives to the service or product. Paragraph first. The CONTRACTOR undertakes to make responsible use of the service, which is in accordance with the data processing policies and complying with each and every one of the prerogatives set forth in the current legal system. Second paragraph. If the improper use of the products purchased is proven, the subscription will be canceled and the relevant legal actions will be initiated.
ELEVENTH.- REGISTRATION: in order to provide an optimal and efficient service, the CONTRACTOR freely and voluntarily accepts the data processing policies and undertakes to provide truthful, accurate and exact information on the data necessary to carry out the respective registration. on the PLASPY digital platform . Paragraph. The omission or alteration in the information necessary for the subscription in the PLASPY digital platform by the CONTRACTOR may result in the immediate cancellation of the service and the taking of pertinent legal actions.
TWELFTH.- FREE TRIAL: the CONTRACTOR offers (1) one month of trial on the PLASPY digital platform that will not generate any cost and this will apply only and exclusively to new users, who do not have or have had the service. Paragraph. If the CONTRACTOR alters, modifies, or hides information in order to obtain the benefits described in this clause, the benefit will be canceled and it will be canceled and canceled.
THIRTEENTH.- MOBILE DEVICES: The CONTRACTOR offers the download of the PLASPY platform for free for mobile devices, with one (1) month free trial for new users, Paragraph first. The CONTRACTING PARTY must consider the normal rates of its telecommunications service provider company that may generate additional fees or costs for text messaging, navigation, voice or data calls. Second paragraph. The CONTRACTORYou are obliged to uninstall the application from your mobile device or report if you change, sell or deactivate your mobile phone device. So that the respective update is carried out in the system within a period of no more than 48 hours, in order to ensure that the records generated in the application do not correspond to third parties who acquire said device.
FOURTEENTH.- RATIONAL USE OF THE SERVICES. The CONTRACTOR undertakes to make a rational and responsible use of the service, without affecting the availability of the servers, with queries or notifications of overflowing or irrational location. Paragraph. The limits of consultations and electronic notifications will be adjusted according to the availability of PLASPY . The excess or irrational use of the consultations made daily or electronic notifications, can directly affect the normal provision of the service.
FIFTEENTH.-CONFIDENTIALITY: the parties agree and agree to keep confidential the information that has been exchanged or transmitted on the occasion of this contract, the foregoing includes the data that rests on the PLASPY digital platform , the parties agree not to reveal confidential information of The same to third parties, except with their prior consent or in compliance with a court order.
SIXTEENTH.- CHANGES TO THE TERMS AND CONDITIONS: the CONTRACTOR will be empowered to make changes to this policy of terms and conditions without prior notification, the foregoing taking into account 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 relationship can be terminated due to non-payment.
SEVENTEENTH.- ASSIGNMENT: the CONTRACTOR is NOT empowered to carry out the transfer of the contract, given its nature. Said assignment can be made with the prior authorization of the CONTRACTOR . If the CONTRACTOR were to carry out the assignment that was NOT authorized by the CONTRACTOR , the CONTRACTOR would cancel the current contractual relationship and initiate a contractual relationship with the new CONTRACTOR .
EIGHTEENTH.- CAUSES FOR TERMINATION OF CONTRACT: The following are grounds for termination of the contract or suspension of the service:
1. By mutual agreement of the parties.
2. For not making the respective payment, corresponding to the membership.
3. For breach of any of the parties.
4. Due to the omission of registration of the equipment, by the CONTRACTING PARTY .
5. When it is shown that the CONTRACTOR contracts the service for fraudulent or illegal purposes.
6. When it is evident that the CONTRACTOR signed the contract by concealing or impersonating the necessary information.
7. Due to the suspension of activities by the PLASPY platform as SAAS (SOFTWARE AS A SERVICE- SOFTWARE AS A SERVICE).
The total or partial breach of any of the clauses described here or the violation of the current legal system. Paragraph. When the contractual breach is declared by the CONTRACTOR, the CONTRACTOR will NOT be obliged to reimburse or return the canceled value.
NINETEENTH.- RESPONSIBLE USE: the CONTRACTOR undertakes to make responsible use of the PLASPY platform , acting in accordance with current and applicable law as well as, following good customs, respecting morals and ethics, safeguarding the rights of third parties. to the contractual relationship, the breach of this will result in the suspension of the service and the subsequent elimination of the account created.
TWENTY.- COPYRIGHT: PLASPY's digital platform offers a variety of tools and services, and among these you can find the ability to upload and upload content to each user's account, but such images and content that are uploaded to the platform digital must comply with the data processing policies, respecting the integrity and rights of other people and complying with current and applicable regulations on copyright, thus, that the responsibility for the omission, violation or violation of any prerogative legal will be in the head of the CONTRACTOR. Paragraph. The CONTRACTORYou can make use of a variety of maps offered by different platforms, but their use is subject to the approval of use permits and in some cases additional costs that must be assumed by the contractor, as established in the terms and conditions of said platforms. Likewise, and with the understanding that it is the CONTRACTOR who makes use of said platforms is obliged to make a responsible use, fully complying with 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 treated 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 that of providing the service or improving it. Paragraph. The contractor, in compliance with the legal and institutional mandate, undertakes to constantly update to maintain the security of the PLASPY digital platform.That is why the financial data is managed by the different existing payment providers, who have the proper PCI certifications and are regulated and monitored by the financial superintendency. It is necessary to highlight that PLASPY is characterized by maintaining the highest security standards in the market and is constantly updating so that it operates optimally, constantly improving its security protocols. As a result of this PLASPY has not presented failures or data leaks.
TWENTY-THIRD.- PLASPY DATA: the data generated in tracking activity, issued by the equipment and the use of the PLASPY digital platform will be stored and made available to users for a period of time not exceeding one ( 1 year. Paragraph. The data that is stored on the occasion of the activity will be deleted at the request of the CONTRACTOR, said data will be deleted in its entirety and not partially, the foregoing is to guarantee the integrity, reliability and veracity of the information collected and stored.
TWENTY-FOUR.- LIABILITY ON THE PART OF THE CONTRACTOR: the responsibility of the contractor is limited, to its obligation to allow access to the PLASPY digital platform , in the periods canceled by the CONTRACTOR .Paragraph. The CONTRACTOR willNOT be civilly responsible for damages caused to the CONTRACTOR .
TWENTY-FIFTH.- RESOLUTION OF CONFLICTS: 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 previous term has expired and as long as the difference or controversy subsists, any of the Parties is free to go to the extrajudicial conciliation, arbitration court or ordinary justice for its resolution.
TWENTY-SIX.- NOTIFICATIONS: the CONTRACTOR will receive the respective notifications about requests, complaints or claims in:
City: Bogotá DC
Address: Carrera 17 N ° 70ª- 01
In accordance with the foregoing, the parties freely, expressly and voluntarily accept the terms and conditions described here, under the agreed parameters and prerogatives.