Terms and conditions of access and use of the website.
TRIM STUDIOS S.R.L. - CUIT 30712280235 with legal address at Avenida Rafael Núñez N° 6107 - Piso 1° - City of Córdoba - Province of Córdoba - Argentine Republic (hereinafter the "Company" and/or the "Owner"), as owner of the website www.sytex.io website (hereinafter the "Site") makes available to all Internet users who wish to access the contents, and/or services, and/or products offered by the Company, the terms and conditions detailed below, which shall govern the access and use of the Site (hereinafter the "Terms and Conditions"):
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Argentina. Any controversy related to the same shall be submitted to the jurisdiction of the Ordinary Courts of First Instance of the City of Córdoba, Province of Córdoba, Argentine Republic, excluding any other jurisdiction that may correspond.
The Terms and Conditions may be modified unilaterally, without prior notice, and at the sole discretion of Trim Studios S.R.L., without the need to express any cause whatsoever.
They shall be valid from the date of their publication on the Site, and shall remain valid until they are replaced by a new version, and/or until the Holder communicates its loss of validity, and/or until the Company decides to terminate the Site.
To enter the Site, remain on it, and make inquiries regarding the products and/or services offered by the Holder, the user must be a human person over 18 years of age and with the capacity to contract (hereinafter the "User" and/or the "Client").
The sole permanence in the Site by the User implies his/her irrevocable and unconditional acceptance of the Terms and Conditions in force, and he/she must adjust his/her behavior in the Site according to the regulations stipulated by the Owner.
For the purpose of making inquiries and/or contacting the Company and/or contracting any of the products and/or services marketed by the Company, the User shall provide personal and contact data through the Site, being the only responsible for the truthfulness and accuracy of the personal information provided to the Holder. In turn, the latter shall treat the information received as confidential information and guarantee the due protection of personal data.
The Company hereby states that the mere entry and permanence in the Site by the User shall not constitute any kind of contract between them.
The User is informed that Trim Studios S.R.L. may use a tracking system through the use of cookies, small files that are installed on the hard disk of a computer, with a limited duration in time, which help to personalize the services offered by the owner of a website.
Cookies are used for the purpose of enabling the owner of a website to learn the interests, behavior and demographics of visitors to or Users of the Site, and to better understand their needs and interests in order to provide a better browsing experience on the Site.
The Terms and Conditions govern the use of cookies for the Site, not the use of cookies by advertisers. The Company has no control over the use of cookies by third parties. The User may prevent his browser from accepting cookies, in which case Trim Studios S.R.L. does not guarantee the correct functioning of the services and contents offered through the Site.
By accessing, staying and using the Site, the User is responsible for the confidentiality of the data provided and of the account and password that he/she may manage.
The User shall exclusively use the Site for lawful purposes, as a channel of information, commercial advertising of the Owner's services and/or products. In this sense, the User is obliged to hold harmless Trim Studios S.R.L., its partners, its administrators, and its dependents, for any type of judicial, extrajudicial and/or administrative claim from any third party related to the use of the Site by the User.
At its sole discretion, Trim Studios S.R.L. may proceed with the cancellation of the Site when it deems it appropriate and without prior notice, without generating any liability whatsoever.
The content of the Site is owned by Trim Studios S.R.L., as well as the Holder owns the marketing rights of the trademark "Sytex", all of which is protected by intellectual property laws.
Likewise, it is made known that "Sytex" is a registered trademark and all rights are reserved in accordance with laws 11.723 and 22.362.
The reproduction, distribution, copying, and commercialization in any format of the information, illustrations, logos, names found on the Site is prohibited without the prior written consent of the Owner.
The Site may be unavailable due to technical difficulties, or failures in the Internet system, and/or any other circumstance beyond Trim Studios S.R.L.'s control.
In this context, the Company cannot guarantee the non-existence of eventual failures or technical difficulties in the Site, but it shall adopt the necessary measures, within its reach, for the correct functioning of the Site.
If the User is unable to use the Site, he/she may contact the Owner by e-mail at XXXXXX@XXXXXXXX.com.
The Site may contain links that allow the User to access web pages not belonging to Trim Studios S.R.L. In this case, these links cannot be used or interpreted as proof of any relationship between the Owner and third parties.
The User declares to know that the access to other sites not belonging to the Owner implies being subject to the conditions that regulate their use, as established by their owner. Likewise, he/she declares that he/she will have no claims against Trim Studios S.R.L. for browsing websites not owned by the Company.
Any notification regarding the Terms and Conditions, judicial and/or extrajudicial, from a User to the Holder must be addressed to the legal domicile of Trim Studios S.R.L. located at Avenida Rafael Núñez N° 6107 - Piso 1° - City of Córdoba - Province of Córdoba - Argentine Republic.
In turn, the Company will notify any information related to the Terms and Conditions through its publication on the Site.
For any questions and/or complaints, and/or observations, the User may contact the Company through the Site, as well as at the following e-mail address XXXXXX@XXXXXX.com.
The Company hereby states that the data required from the User are necessary to provide answers to the queries that are channeled through the Site and/or to generate a direct commercial contact, in the event that the User so desires.
The information received will be treated by Trim Studios S.R.L. in accordance with the provisions of the National Law N° 25.326 - Personal Data Protection Law.
Pursuant to Article 14 of the aforementioned law, the User is informed that he/she has the right to exercise the right to access his/her personal data provided to the Company, free of charge, at intervals of no less than 6 (six) months, unless he/she can prove a legitimate interest. Likewise, the User is informed that he/she may request the updating, rectification and/or deletion of the data provided to the Company in a timely manner.
In order to exercise the rights set forth in the Personal Data Protection Law, the User must contact the Company by e-mail at XXXXXXX@XXXXXX.com indicating "Personal Data Protection" in the subject line.
After 5 (five) working days from the sending of the e-mail without receiving an answer from Trim Studios S.R.L., or in case of an answer that the User considers insufficient, he/she may contact the Dirección Nacional de Protección de Datos Personales, Controlling Body of Law No. 25.326, located at Av. Pte. Julio Argentino Roca N° 710 - 3rd Floor of the Autonomous City of Buenos Aires (Tel.: 011 - 39883968 - Mail: datospersonales@aaip.gob.ar).
Terms and conditions of use and return.
1.1. Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer with the Services in accordance with the Service Level Terms attached hereto as Exhibit A. As part of the registration process, Customer will identify an administrative username and password for Customer's Company account. Company reserves the right to refuse registration or cancel passwords it deems inappropriate.
1.2. Subject to the terms hereof, the Company shall provide the Customer with reasonable technical support services in accordance with the terms set forth in Exhibit B.
2.1. Customer shall not, directly or indirectly: reverse engineer, decompile, disassemble or attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate or create derivative works based on the Services or any Software (except as expressly permitted by the Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2. In addition, Customer may not remove or export from the United States or permit the export or re-export of the Services, the Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the U.S. Department of State. Commerce, the Office of Foreign Assets Control of the U.S. Department of the Treasury, or any other U.S. or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are "commercial items" and, in accordance with DFAR section 252.2277014(a)(1) and (5), are considered "commercial computer software" and "commercial computer software documentation." Pursuant to DFAR section 227.7202 and FAR section 12.212, any modification of use, reproduction, publication, publication, performance, display, exhibition, display, display, display, display, display, display, display, display, display, display, display, display, display, display, display, display, display, display, display.
Customer represents, covenants and warrants that it will use the Services only in accordance with the Company's then current published standard policies (the "Policy") and all applicable laws and regulations. While Company has no obligation to monitor Customer's use of the Services, Company may do so and may prohibit any use of the Services that it believes may be (or is alleged to be) in violation of the foregoing.
Customer shall be responsible for obtaining and maintaining any ancillary equipment and services necessary to connect to, access or use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networks, web servers and the like (collectively, "Equipment"). Customer shall also be responsible for maintaining the security of the Equipment, Customer's account, passwords (including, without limitation, administrative and user passwords) and files, and for all uses of Customer's account or Equipment with or without Customer's knowledge or consent.
Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose commercial, technical or financial information relating to the Disclosing Party's business (hereinafter, "Proprietary Information" of the Disclosing Party). Company Proprietary Information includes non-public information about the features, functionality and performance of the Service. Customer Proprietary Information includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees to: (i) take reasonable precautions to protect such Proprietary Information, and (ii) not use (except in the performance of the Services or as otherwise permitted herein) or disclose to any third party such Proprietary Information.
3.2. Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the implementation Services or support. and (c) all intellectual property rights related to any of the foregoing.
3.3. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information about Customer Data and data derived therefrom), and Company shall be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and remedial purposes in connection with the Services and other Company offerings , and (ii) disclose such data only in aggregate or other anonymized form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
Customer shall pay Company the then-applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms thereof (the "Fees"). If Customer's use of the Services exceeds the Service Capacity set forth in the Order Form or requires payment of additional fees (pursuant to the terms of this Agreement), Customer will be billed for such use and Customer agrees to pay the additional fees in the manner provided herein.
The subscription includes existing and evolving functionalities. The Company reserves the right to offer additional charges for future features not available on the current platform. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date of the first statement on which the error or problem appeared, to receive an adjustment or credit. Inquiries should be directed to the Company's customer service department.
Company may elect to invoice by invoice, in which case, Company must receive payment in full for invoices issued in a given month thirty (30) days after the date the invoice is mailed. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum allowed by law, whichever is less, plus all collection costs and may result in immediate termination of Service. Customer will be responsible for all taxes associated with the Services other than Argentina taxes. based on the Company's net income.
Subject to earlier termination as provided below, this Agreement is for the initial Service Term as specified in the Order Form, and shall automatically renew for additional periods of the same duration as the initial Service Term (collectively, the "Term"), unless either party requests termination at least thirty (30) days prior to the end of the then-current Term.
In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer shall pay for the Services in full up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, accrued payment rights, confidentiality obligations, warranty disclaimers and limitations of liability.
5.3. In the event that SYTEX decides to unilaterally terminate the contract without cause, SYTEX will provide a minimum of 90 days of continuity in the service in order to work on a transfer of information.
5.4. Sytex reserves the right to assign the contract, with prior notice at least 30 days in advance, indicating the recipient of the assignment and providing information on the continuity of the contracted service.
Company will use reasonable efforts in accordance with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services and will perform the Implementation Services in a professional and efficient manner. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, whether by the Company or third party providers, or due to other causes beyond the Company's reasonable control, but the Company will use reasonable efforts to provide prior written or email notice. mail of any scheduled service interruption. However, the Company does not warrant that the Services will be uninterrupted or error-free; nor does the Company make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,
Company shall hold Customer harmless from any liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided that Company is notified promptly of any and all threats, claims and proceedings relating thereto and is given assistance and the opportunity to assume exclusive control over the defense and settlement; Company shall not be liable for any settlement which it does not approve in writing. The foregoing obligations do not apply with respect to parts or components of the Service (i) not supplied by the Company, (ii) made wholly or partially in accordance with Customer's specifications, (iii) which are modified after delivery by the Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues its allegedly infringing activity after being notified thereof or after being informed of modifications that would have prevented the alleged infringement, or (vi) where Customer's use of the Service does not strictly conform to this Agreement. If, due to a claim of infringement, a court of competent jurisdiction finds the Services to be infringing or if Company believes that it is infringing, Company may, at its option and expense (a) replace or modify the Service so that it is not infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if none of the foregoing is commercially practicable, terminate this Agreement and Customer's rights hereunder and provide Customer a refund of any prepayment.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY TO ANY PERSON, THE COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND THE REASONABLE CONTROL OF THE COMPANY; OR (D) FOR ANY AMOUNTS WHICH, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS.
If any provision of this Agreement is determined to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to remain in full force and effect and enforceable. Customer may not assign, transfer or sublicense this Agreement except with the prior written consent of Company. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all prior written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing. signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of this Agreement and Client has no authority of any kind to bind Company in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees. All notices under this Agreement shall be in writing and shall be deemed duly given when received, if delivered personally; when receipt is confirmed electronically, if transmitted by facsimile or e-mail; the day after mailing, if sent for overnight delivery by a recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the Province of Cordoba without regard to its conflict of laws provisions.
The Services will be available at 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any calculation of uptime or downtime will exclude periods affected by such maintenance. In addition, any downtime resulting from third party connection or utility outages or other reasons beyond the Company's control will also be excluded from such calculation.
Customer's sole and exclusive remedy, and Company's entire liability, with respect to the availability of the Service shall be for each period of downtime lasting more than two hours, Company shall credit Customer 5% of the service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit per day shall accrue.
Downtime will begin to accrue as soon as Customer (with notice to Company) acknowledges that downtime is occurring and will continue until Services are restored to availability. To receive downtime credit, Customer must notify Company in writing within 24 hours of the time of downtime, and if such notice is not provided, Customer will forfeit the right to receive downtime credit. Such credits are not redeemable for cash and will not accrue beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any one (1) event. Company will only apply one credit to the month in which the incident occurred.