CAPIS´s Terms & Conditions

INTRODUCTION

Access, registration, and use of our digital form generation, data capture, and customized reporting services through our mobile and web application, CAPIS (hereinafter referred to as the “App”), provided by GLOBAL INTEGRATED SOLUTIONS CHILE SpA, are governed by the following Terms and Conditions (hereinafter referred to as the “Terms”), as well as by the applicable legislation in the Republic of Chile, especially the Consumer Protection Law No. 19.496 and Law No. 20.453, on Internet and Net Neutrality, and the Electronic Commerce Regulations of the Ministry of Economy, Development, and Tourism, considering all the rights established therein.

The company Global Integrated Solutions Chile SpA (hereinafter referred to as the “Company,” “Our,” or “We”), RUT 77.346.252-6, with its registered address at Agustinas Nº 814, office 906, Santiago, Chile. The terms “You,” “User,” “your,” or “yours” refer to natural or legal persons, as appropriate, who, for any reason, access and/or use the App. The User can contact the Company at contact@ifarming.ai.

Please read these Terms carefully before accessing, registering, and using our App. By registering and using the App, it will be understood that you declare to have been informed and to understand these Terms, the Cookie Policy, and the Privacy Policy clearly, comprehensibly, and unequivocally, and that you also accept to be bound by and fully respect both these Terms and the aforementioned Company Policies and applicable laws in your jurisdiction. The Company may modify the Terms related to the App, and such modifications shall become effective immediately after posting the updated Terms on the App. If you do not wish to accept or comply with the Terms and Policies, please refrain from accessing, registering, and using the App, including any services offered and available therein.

ACCESS AND USE OF THE APP

To access and use the App, it is necessary to create a User account and make a subscription fee payment. If you choose to create your User account on the App, you agree to voluntarily provide accurate, complete, up-to-date, and truthful information in the registration form.

It is important to note that to create an account, you must be at least 18 years of age or have reached the legal age in your jurisdiction, if the required age is not 18 years.

You can access, use, and create an account on our App through both the web version and the mobile version, whether as a natural person or on behalf of a legally recognized entity, such as a company or other organization. When registering as a company, it is important to understand that your account must be used exclusively for business purposes, in accordance with your commercial entity status. On the other hand, when creating an account as a natural person, you must understand that this account is intended solely for personal, non-commercial use.

You are responsible for providing and maintaining accurate, complete, truthful, and up-to-date information, and you may update it through the App when necessary. Furthermore, it is your primary responsibility to keep your login credentials on the App strictly confidential, as you are solely responsible for all activities carried out under those credentials. You must ensure that no unauthorized person has access to your account or the personal information of third parties without your knowledge and express consent, as you are responsible for all consequences that may arise from the use of your account by unauthorized third parties. Please be aware that you are not authorized to transfer or sell your access and right to use the application. If you believe that someone has gained unauthorized access to your account, please contact us immediately at contact@capis.app.com to safeguard your information.

The User must refrain from using the App for illegal and/or unauthorized purposes, which may harm the rights and interests of third parties and are contrary to the use of the App and what is established in these Terms. Additionally, you may not harm, defame, harass, stalk, threaten, abuse, annoy, impersonate another User, or otherwise violate the legal rights and usability of third parties, including Company personnel, in any way. Furthermore, you shall not manipulate, damage, disable, gain unauthorized access, reverse engineer, upload harmful code or software, copy, manipulate, decompile, disassemble, overload, or impair any aspect of the App or disrupt its normal functionality. You shall not use a robot, scripts, manual or automatic processes, or web spiders for scraping, extracting information, data mining, collecting user names and email addresses, or indexing the App in any way. You shall not visually modify or otherwise remove copyrights, patents, trademarks, and intellectual property rights owned by the Company. You shall not register under another username or identity after your account has been blocked, canceled, or closed. Additionally, you agree not to forge, impersonate, mask, or disguise IP addresses, emails, User identities, or any other means of User identification or computer equipment.

It is important to note that in some cases, our Company may require proof of your identity as a security measure before allowing you access to or use of our App. In this regard, we request that you be willing to provide such proof of identity, as failure to do so may result in restricted access or use of the App. The Company uses the information it collects to maintain the security of the App and prevent fraud, so we may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical security or other rights and interests of any person, violations of the App’s Terms, as legally required. Additionally, the company may use the information collected to respond to queries and complaints submitted by users via email or contact forms regarding our App.

The programming code developed by or on behalf of the Company to generate and operate its App, as well as the content provided by the App, such as information, text, graphics, images, logos, software, features, functional architecture, databases, industrial designs, domain names, or any other material, is the intellectual property of the Company and is protected by international copyright treaties and applicable laws in Chile. Unauthorized use, adaptation, reproduction, and/or commercialization of the aforementioned intellectual property may be subject to penalties under current legislation in each jurisdiction. You shall not copy or adapt the programming code developed by or on behalf of the Company to generate and operate its App, which is protected by applicable and current legislation in each jurisdiction.

USER-PROVIDED CONTENT ON THE APP

Once you have created your account following the aforementioned instructions (e.g., being of legal age in your jurisdiction), you may upload written content (text, numerical figures, images, audio, and/or any other material, collectively referred to as “Content”) to the App for the generation of forms, reports, graphics, and downloadable documents in the formats offered by the App at your sole discretion. You declare and warrant that the Content provided by you on the App is either your own as the creator or that you have obtained the necessary legal authorizations from the authors.

You declare and warrant that when you upload content to the App, all uploaded content will comply with the following Content Standards:

1. It shall not be misleading or fraudulent.
2. It shall comply with the laws, regulations, ordinances, or rules applicable in Chile or your jurisdiction from which the content is collected.
3. It shall not promote or engage in potentially illegal activities directly or indirectly, such as pyramid schemes, modern forms of slavery, or human trafficking.
4. It shall not provide personal or confidential information of third parties.
5. It shall not contain material, images, hyperlinks, or content that is or could be defamatory, libelous, obscene, harmful to minors, pornographic, aggressive, offensive, hateful, disruptive, illegal, hazardous to health, inflammatory, rude, or that violates the rights, sensitivity, and privacy, intellectual, industrial, or otherwise, of Users or third parties, and that violates these Terms.
6. It shall not infringe upon the business and copyright, contractual, intellectual property, or any other rights of a third party and of the Company. For example, when such content relates to audiovisual files, you must ensure that you have obtained all necessary consents and authorizations regarding such content.
7. It shall not promote discrimination on grounds of ethnicity, religion, nationality, appearance, disability, sexual orientation, or age.
8. It shall be related to the services provided by the App.
9. It shall not have a threatening, insulting, questionable, abusive, or invasive attitude towards others or cause unnecessary annoyance, inconvenience, or anxiety to other App users or the Company.
10. It shall not impersonate another person or company or misrepresent identities or affiliations.
11. It shall not use viruses, robots, corrupted files, trojans, computer worms, logic bombs, programming routines, or other software that may damage the operation of the App, the operating system, or third-party devices. Additionally, refrain from using any content that may intercept, interfere with, or extract any personal data or information.
12. It shall not expose sensitive or confidential information of a third party, including personal identification information and trade secrets.

You agree that the Company may use various methods to detect and block Content that does not comply with these Terms.

WEHN UPLOADED OR SHARED CONTENT ON THE APP DOES NOT MEET CONTENT STANDARDS OR REQUIRES CLARIFICATION 

In such cases, the Company may contact you to obtain more information before publishing such Content. The User guarantees that all Content uploaded will comply with the Content Standards and agrees to indemnify the Company for any loss or harm, such as market or reputation loss, suffered by the App as a result of the User’s breach of these Terms. The Company shall not be liable to any third party for Content uploaded by a User on the App in all its versions and formats. Although the Company is not obligated to do so, it reserves the right to block, delete, modify, or retain any Content at any time that it believes does not comply with the Content Standards set forth in these Terms and the purposes of the App. Additionally, the Company reserves the right to issue warnings and the right to temporarily or permanently suspend (terminate) access to the App without prior notice to anyone who does not comply with these Terms and the laws of their jurisdiction. The Company reserves the right to use all legal, police, or other means at its disposal to verify or investigate whether you are in breach of these Terms, the Cookie Policy, or the Privacy Policy.

CHANGE OF PROCEDURES AND TECHNOLOGY STATUS 

The Company may modify the content, design, appearance, and functionality of the currently known or future-developed App at any time, for example, to comply with legislation or to improve the services offered. These modifications will not necessarily imply a change in these Terms, nor will they require a new agreement between the Parties.

The Company reserves the right to carry out all necessary updates to keep the computer systems operational. This may result in temporary impediments or the temporary inability for the User to use the App. The Company will make its best efforts to perform such maintenance during nighttime or non-working days.

The App is provided as developed (“As Is”) and in the form it is available at any given moment. In this regard, the Company does not expressly or implicitly guarantee to the User that the App will adapt to any specific purpose, device, hardware, or usage, nor will it be complete, useful, or suitable for their activities, free of computer viruses and harmful issues, or free from defects or errors such as inherent delays in internet usage or other forms of electronic communication, as the responsibility for the access device lies with the User. Likewise, the Company does not guarantee that all features and functionalities of the App will be available in all geographical areas.

The content of the App’s website is provided “As Is” for general information purposes only and without explicit or implied warranties. Although the Company makes reasonable efforts to update such content, please note that the content of our website may become outdated at any time, and the Company is not obligated to update it.

PAYMENT TERMS, METHODS, AND OPTIONS

You understand and agree that accessing and using our App requires payment of a recurring subscription. The Company may offer different subscription plans depending on the services provided, such as the number of user accounts subscribing, available features, cloud storage, among others.

If you subscribe to an auto-renewable subscription plan, you are accepting and declaring that the subscription will automatically renew upon expiration, and the Company will charge you recurrently until you suspend or cancel your subscription plan through the payment gateways indicated in the next paragraph. The cancellation will take effect, for example, at the end of the current billing period during which you will still have the right to use the App. The subscription period is 30 consecutive days from the date of approval by the Company, and it may be extended by written agreement between the parties. The Company may inform the User about the approaching expiration or renewal of their agreement. Refunds or credits are not provided for partially billed cycles according to the User’s subscribed plan. However, the Company may estimate refunds at its sole discretion. In the case of billing by the Company, the payment date will be within 10 days following the billing date.

Our App offers paid services, and we work with secure payment gateways provided by PayPal Pte. Ltd. or Webpay Plus, which will use payment data solely and exclusively to complete the selected payment transaction by our users. Payment can also be made through a direct bank transfer operation, for which the ordinary billing data of the Customer will be used. Charges or amounts do not include applicable and corresponding taxes, such as VAT or fees for international bank transfers, so you are responsible for paying these taxes or charges. Once the payment is completed, a notification of successful completion will be generated through an email service provider for informational purposes only.

CONDUCTING SURVEYS

Through the App, we may invite you to voluntarily participate in surveys related to our services, tutorials, and the App.

LIMITATION OF LIABILITY

The Company owns the App that the User can register, access, subscribe to, generate forms, upload data, generate and download, or share reports as applicable.

The company will not be liable for:

1. Improper use that visitors to the App may make of the content and services offered, of industrial property rights, and intellectual property rights of third parties that may be affected by acts of visitors.
2. Any information about CAPIS or its services that comes from or is found in sources external to the company and unrelated to the official website www.capis.app, the Terms and Conditions contained in these clauses, or originating from any entity other than the company.

In any case, the company’s liability, whether contractual, extra-contractual, or legal, towards the user/consumer will not exceed the price actually paid by the subscriber in consideration thereof, without prejudice to what the competent courts of justice may determine.

The parties acknowledge and record that the App provided by the Company may experience failures, and therefore, the availability and continuity of the App’s operation are not guaranteed. Circumstances beyond the company’s control may result in the App not being operational for a certain period. In such cases, the company will endeavor to restore the website as soon as possible, taking all measures within its reach, without being held liable.

While the Controller performs backups of the content hosted on the servers, it is not responsible for the loss or accidental deletion of data by users. Similarly, it does not guarantee the full restoration of deleted data by Users, as such data may have been deleted and/or modified during the period since the last backup. The services provided through the App, except for specific backup services, do not include the restoration of contents stored in the backups made by the company when this loss is attributable to the user. In this case, a fee will be determined based on the complexity and volume of the recovery, always subject to the user’s acceptance. The restoration of deleted data is only included in the service price when the loss of content is due to causes attributable to the Controller.

INDEMNIFICATION

You agree to comply with all applicable laws regarding the transmission of technical data exported from Chile or the country in which you reside (if different) and with all local laws and rules regarding acceptable use and conduct on the Internet or any other computer network.

You agree to indemnify and hold the Company and its employees, officers, directors, shareholders, parent company, subsidiaries or affiliates, and agents harmless from any breach by you of these Terms and any claim or demand brought against the Company by any third party arising out of your breach in connection with third parties, use of the App, or any Content uploaded or transmitted through the App, including, among others, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal fees), regardless of what the Company has suffered or incurred as a result of your breach of these Terms.

Terms updated as of September 29, 2023.