Terms and Conditions

1. DEFINITIONS:

 

Conditions of use of the Platform, Terms and Conditions, Services, Servers and types of users.- The following concepts will have the following meanings: 

 

PROVIDER: Service provider for this case Analytic Board SAS

 

REGISTRATION DATA: The information requested by ANALYTIC BOARD through forms of THE PLATFORM to obtain the condition of USER. 

 

THE PLATFORM: Web page with URL app.analyticboard.com or any other domain acquired by ANALYTIC BOARD, which may or may not redirect to the mentioned URL 

 

SERVICE: The service that THE PLATFORM provides. 

 

SERVER: Computer dedicated to hosting content or applications for remote administration and/or serving others on a network.

 

THE USER: This will be understood as the natural or legal person duly registered with a username and password under the conditions determined by THE PLATFORM at the time of registration.

 

2. OBJECT: 

THE PROVIDER is obliged to THE USER independently and autonomously, to grant a license for use and access to a platform of which it is the owner, in order to provide the service of analysis, synthesis and display of indicators through a " dashboard” and algorithms, based on the information uploaded by the USER, through an evaluation of the data provided that allows prioritizing the variables to be analyzed.

 

2.1  REGISTRATION AND ACCOUNT SECURITY.

If you register for an account in the SERVICE, THE USER undertakes to provide accurate, truthful, updated and complete information for the purpose of having any type of contractual relationship with THE PROVIDER; Maintain the security of your password; Keep the REGISTRATION DATA updated and any other information provided to the PROVIDER; Assume responsibility for all activity in your ANALYTIC BOARD account, and for payment of consideration for the use of your ANALYTIC BOARD account.

 

3. DURATION: 

The contract will have the following duration: 

 

  1. The duration of the contract will be indefinite and it will remain in force as long as THE USER is up to date with his contractual obligations. 



 

3.1  THE PROVIDER may interrupt access to all or part of the PLATFORM SERVICE at any time, with prior notification by any written means, due to the USER's breach of any of the agreements established in this document or its modifications, which may result in the loss and destruction of all the information associated with the USER's account in the event that the service has not been reactivated within two months following the suspension. If the User decides to cancel his account, he may do so by means of a written notice not less than one (1) month prior to the expected date of termination; however, you should note that any fees paid are non-refundable.

 

3.2 The enforceability of the provision of each service or obligation by the SUPPLIER is subject to prior verification of the advance payment of the corresponding invoice by the USER.

 

4. RATE AND METHOD OF PAYMENT. 

 

The Subscription Fee will be fixed during the initial period of your subscription.

 

4.1 Fee Adjustments at Time of Renewal. Upon renewal, we may update your rates to the list price. If you are affected by this increase, we will notify you at least thirty (30) days prior to your renewal date and the increase will take effect at the beginning of the next renewal period. If you do not agree, either party may terminate your subscription at the end of the current term, subject to mandatory notice.

 

4.2 In case of contractual termination there is no place for a refund, which will only proceed while there is mutual agreement in this regard.

 

4.3 If payment is not made in the established terms, THE PROVIDER may suspend the provision of the service, without prejudice to the accrual of default interest  calculated at the maximum legal rate permitted by law with respect to the balance unsolved.

 

5. OBLIGATION OF THE USER: 

 

By virtue of the approval of this document,  THE USER undertakes to:

 

  1. Timely pay the value agreed in this contract, in the established terms.

  2. Allow the SUPPLIER's personnel access to the facilities if necessary for the provision of the service.

  3. Communicate to THE SUPPLIER any anomaly that occurs in the implementation of the system or in its operation using the communication channels agreed in this contract and previously communicated to THE USER.

  4. Refrain from marketing the software whose use is licensed in your name, unless this activity is expressly authorized by THE PROVIDER.

  5. Comply with the times, responsibilities and necessary activities that correspond to him to carry out the execution of the contract.

  6. Others arising from the contract.

 

6. OBLIGATIONS OF THE SUPPLIER: By virtue of this document and as established in the technical annex, THE SUPPLIER undertakes to:

 

  1. Comply with the activities and conditions of this service

  2. Provide its services with loyalty, diligence and professionalism, maintaining due confidentiality at all times with respect to the information provided by THE USER.

  3. Safeguard  the information hosted on its SERVER through appropriate physical, technical and administrative security measures in order to prevent loss, misuse, unauthorized access, alteration or disclosure of USER information . These measures include encryption of subscriber data during transmission to the SERVICE, and encryption of backup copies of USER data and authentication credentials at rest. THE PROVIDER will notify the USER of any unauthorized access that it notices.

 

7. PROVIDER INDEPENDENCE: 

Between THE USER AND THE PROVIDER, a commercial relationship arises, therefore, THE PROVIDER will act on its own account with absolute technical and administrative autonomy. The service offered does not imply an employment relationship with THE USER; consequently, THE SUPPLIER will assume its own risks in the execution of the service, using its own means and hiring the personnel it requires. It is expressly understood that there will be no bond or labor solidarity between the parties, nor specifically between THE USER and the personnel employed by THE SUPPLIER to carry out the activities that constitute the object of this contract.

 

8. TERMINATION OF CONTRACT: 

The service may be terminated in the following events: A) At any time by mutual agreement of the parties; B) If the USER decides to cancel his account, he can do so following the instructions of THE PLATFORM; however, you should note that any fees paid are non-refundable. C) At any time, due to breach of any of the parties; D) by report of any of the parties in lists of money laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction ML/FT/FPADM; E) due to the impossibility of developing the contractual object. 

 

9. LIABILITY: 

In no case THE PROVIDER, its directors, employees, agents, partners, suppliers, allies or content providers, will be responsible under contract, tort, strict liability or any other similar theory with respect to the contracted Service, for any loss of profits, information , cost of acquisition of substitute goods or services, or special, indirect, incidental, punitive or consequential damages of any kind, of substitute goods or services (as they arise)  and that are not directly attributable to you .

 

10. ASSIGNMENT. 

Neither party may assign this service without the prior written authorization of the other party.

 

11. Prevention of money laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction LA/TF/FPADM. 

Both parties declare, acknowledge and guarantee that they, their partners, administrators or associated companies are not reported on binding lists such as the Financial Information and Analysis Unit UIAF, OFAC, United Nations, European Union, HM Treasury List, Global Control List (GEL). Notwithstanding the foregoing, they authorize the other party to proceed to carry out the pertinent consultations on said lists, in the exercise of due diligence. The positive report of any of the parties in the aforementioned lists, or in any other of a similar nature, will be just cause for termination of the contract.

 

12. PROTECTION OF PERSONAL DATA. 

With the signing of this document, the subscriber on behalf of the USER expressly states that he authorizes the PROVIDER, so that as the person in charge of the Treatment of the personal data that is collected by this means, he can directly or indirectly, execute collection, storage , use, circulation or deletion of the same, for the purposes contemplated in its personal data protection policy found at the following link  www.analyticboard.com/privacy, _cc781905-5cde-3194 -bb3b-136bad5cf58d_y in particular, for the purposes of the contractual object, consultation and reporting in commercial information centers or operators. It is optional to answer questions that deal with Sensitive Data or minors. The rights of THE PARTIES as owners of the data are: a) Free access to the data provided that have been processed. b) Request the updating and rectification of your information in the face of partial, inaccurate, incomplete, fragmented, misleading data, or those whose treatment is prohibited or has not been authorized. c) Request proof of the authorization granted. d) Submit to the Superintendency of Industry and Commerce (SIC) complaints for violations of the provisions of current regulations. e) Revoke the authorization and/or request the deletion of the data, unless there is a legal or contractual duty that makes it imperative to preserve the information. The rights can be exercised through the channels described in the contract arranged by THE PROVIDER for it.

 

12.1 The protection of the information of THE USER will be subject to the rules set forth in the Data Protection Law of the country where THE PLATFORM is used in the possession of individuals or anyone who replaces it in the future. For this purpose, ANALYTIC BOARD makes its Privacy Notice available to the USER at  www.analyticboard.com/privacy.

 

13. CONFIDENTIALITY. 

All information that, on the occasion of this service, the parties make known to each other, constitutes confidential information, therefore, it may not be disclosed to the public or third parties, unless it receives prior written authorization from the developer, or it is in by virtue of the order of a competent judicial authority. The receiver undertakes to keep absolute confidentiality, regarding all information disclosed by the revealer, by virtue of this contract, including any industrial or commercial information of its own or of its clients, or business secrets (according to the definition of business secret contained in Decision 486/2000 of the Andean Community Commission, or those that modify, repeal or clarify it), regardless of the means by which the information was delivered (magnetic media, CD, electronic files, physical files, etc.) ; This information may be recorded in the form of documentation, software, contracts, databases, industrial and/or commercial secrets or in any other way, and may be transmitted in written, electronic or magnetic form, by visual observation and by other means, including, without limitation,  copies of documents or digital files. 

 

13.1: Ownership of confidential information. 

The Confidential Information that THE USER discloses to THE PROVIDER and all its rights regarding said Confidential Information, will continue to be the property of the developer. Neither this agreement nor the transfer of Confidential Information under it, shall be construed as the granting of a license of rights with respect to the Confidential Information and may only be used for the functions and purposes derived from the existing commercial relationship between the parties. , and especially, for the execution of this contract.

 

13.2 Destination of the information. 

The developer will keep, maintain and store the information delivered confidentially, taking the same care as they have to protect their own private or confidential information and will use the Confidential Information, only for the fulfillment of the purpose of this contract for the provision of services.

 

13.3: Failure to comply with this clause at any time, even after the termination of this contract, will result in the immediate termination of the contract, in addition to the payment of any penalties that may apply.

 

14. INTELLECTUAL PROPERTY. The USER expressly acknowledges that each and every one of the technological and information components that make up the service provided by THE PROVIDER are the exclusive property of the PROVIDER and that the latter will only allow them to use it in accordance with the provisions of this agreement, Therefore, under no circumstances may it be considered that any right of exclusivity or exclusive licensing is granted in favor of the USER.

 

The User accepts that THE PLATFORM and its SERVICE have content specifically offered by THE PROVIDER, allies, suppliers and other contacts that they decide to make, said ANALYTIC BOARD content is protected by copyright, trademarks, service marks, patents, industrial secrets or any other proprietary rights and laws. THE PROVIDER grants the USER of THE PLATFORM a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the content, only for their personal and non-commercial use. The use, reproduction, modification, distribution or storage of any content of THE PLATFORM for a non-personal and/or commercial use or other than the provision of the SERVICE is expressly prohibited without prior written permission from the PROVIDER, or the holder of the copyright identified in the copyright notice for such content. The User may not sell, allow, rent or use or exploit any content for commercial use in any way that violates the right of a third party. The nominated, unnamed and mixed brands that appear on THE PLATFORM may be used as long as they have the purpose of disclosing the assets of ANALYTIC BOARD or THE PLATFORM.

 

Likewise, the USER accepts and acknowledges that no right is granted over the Intellectual Property, outside of what is expressly stated in this agreement and its annexes, on the understanding that all existing intellectual property rights or arising from the contract will belong to the provider.

 

For purposes of this agreement, the term Intellectual Property includes all trademarks registered and/or used in Colombia or abroad, as well as all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names , commercial notices, reservations of rights, domain names, software and developments tailored to the USER or improvements to the software, as well as all kinds of property rights over works and creations protected by copyright and other forms of recognized industrial or intellectual property or that they come to recognize the corresponding laws.

 

All industrial and/or intellectual property rights that each party holds over products, software, hardware, documents, information, specifications provided by it in addition to those related to the object of this contract and that are necessary to use for the provision of the object services. of the Agreement, shall remain the property of such party or its licensor.

 

14.1. AUTHORIZATION FOR THE USE OF INFORMATION. 

THE USER expressly authorizes the PROVIDER, through the signing of this contract, for the use and exploitation of the information provided by it in execution of this contract, anonymously, extra and globalized by the PROVIDER, in order to provide its services of data analysis to other USERS as an added value to the service contracted by them, as well as for internal analysis by the PROVIDER, in order to generate metadata or new information. In this event, THE PROVIDER will guarantee the confidentiality and anonymization of the data and information used for this purpose.

 

14.2. THE PROVIDER may, at its discretion, cancel the account of Users who infringe the copyright or intellectual property rights of others. THE PROVIDER will eliminate the infringing materials in accordance with national laws related to industrial property, or any other applicable national law or that derives from international treaties and applies to the country where THE PLATFORM is used, if ANALYTIC BOARD is properly notified that certain content infringes copyright or intellectual property rights.


 

15. APPLICABLE LAW AND JURISDICTION. 

The parties are subject to the jurisdiction of Colombian laws, as well as their commercial practices, without giving effect to any principle of conflicts arising from this contract, and without application of the Uniform Law of Computer Information Transactions or the Convention of the United Nations for the Control of the Sale of International Goods. In the event of any claim or dispute arising from the execution of the contract, the parties will form an Arbitration Court based in the city of Medellín, made up of 1 or 3 arbitrators, who will decide according to Law. Waiving both parties to any other competence that may correspond to them, due to their present or future addresses, including the address from which the IP (Internet Protocol) of the USER is connected.

 

15.1. In any case, as a prerequisite to access the formation of the Arbitration Tribunal, the parties will exhaust a direct settlement stage that may not exceed one month.

 

16 - EXECUTIVE MERIT. 

This contract lends executive merit between the parties; to demand the unfulfilled obligations contained therein. The parties expressly provide the possibility, for the complied party, to accelerate the fulfillment of the obligations not yet due of the other party.

 

17. CONTRACTUAL ADDRESS: the parties agree that for all purposes the contractual address will be the city of Medellín.