Terms and conditions of use
This document must be read and understood by anyone who intends to use the services offered on the website https://simetrik.com/. It describes the general terms and conditions (“General Terms and Conditions”) applicable to the access and use of the services offered by the Software as a Service called Simetrik (No Code/Low Code) (“the Tool”).
Simetrik INC. is the sole owner and holder of the copyright and intellectual property rights over the Tool and the interactive material provided to enhance the user experience.
The Tool is offered by Simetrik INC. as the exclusive owner of the intellectual property rights thereof and/or by any of its affiliates located in different jurisdictions, which are authorized under certain conditions to offer and market the Tool.
The Terms and Conditions, as well as the Privacy Policies, shall apply and be deemed an integral part of all acts and contracts executed or entered into in connection with the use of the Tool between the Client (a legal entity that has a business relationship with Simetrik), its Users (individuals who work for the Client), and Simetrik INC. and its present and future affiliates (hereinafter, SIMETRIK), collectively referred to as the parties.
These terms and conditions apply to the service provided through the virtual platform https://simetrik.com/ containing the Tool, which offers, without limitation, technical, contractual, product, program, and other useful information (“Information”); and content, such as data, text, software, illustrations, documentation on the use of the Tool, and other materials (“Content”). SIMETRIK manages, controls, and operates the Tool from different locations and does not guarantee that it is appropriate or available for use in all locations.
SIMETRIK’s products and services may not be available in your locality and may vary depending on the location. By using the Tool, the user represents and warrants that they have the necessary authorization from the Client to accept these Terms and Conditions and agrees to indemnify SIMETRIK for any breach of these Terms and Conditions.
ANYONE WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES OFFERED BY THE TOOL.
PLEASE NOTE THAT IF YOU DO NOT ACCEPT THE CONDITIONS, ACCESS TO SIMETRIK’S SERVICES AND TOOLS WILL NOT BE GRANTED. THE USER AGREES THAT SIMETRIK RESERVES THE RIGHT TO PUBLISH, REVIEW, AND REMOVE ANY CONTENT OR EVEN DISABLE USERS’ ACCOUNTS THAT VIOLATE OUR TERMS AND CONDITIONS AT ITS SOLE DISCRETION.
- Registration, Enrollment, and Use of the Tool:
It is mandatory to complete the registration form in all its fields with valid and true data in order to use the Tool. The future User must complete it with their email address accurately, precisely, and truthfully, and undertake to update the information if necessary. SIMETRIK may use various means to identify Users, but is NOT responsible for the accuracy of the provided Personal Data. Users and Clients guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the entered Personal Data.
SIMETRIK reserves the right to request additional proof and/or data in order to verify the Personal Data, as well as to temporarily or permanently suspend users whose data could not be confirmed.
The account is personal, unique, and non-transferable, and it is prohibited for the same user to register or possess more than one account for the use of the Tool. In the event that different accounts containing coincident or related data are detected, they may be canceled, suspended, or disabled.
The User and the Client will be responsible for all operations and management carried out in the workspaces created in the Tool, as access to them is restricted to authorized users and the use of their Security Key, which will be exclusively known to the users.
The User agrees to immediately notify firstname.lastname@example.org, in a suitable and reliable manner, of any unauthorized use of their account, as well as unauthorized access by third parties to the same.
SIMETRIK reserves the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision, and without generating any right to compensation.
Consequently, the Client will be responsible for identifying and authenticating all Users, approving access to the Services by said Users, controlling unauthorized access by Users, and maintaining the confidentiality of usernames, passwords, and Account and workspace information. By associating their usernames, passwords, and accounts, and those of their Users with the Tool, the User accepts responsibility for the timely and correct cancellation of user records that are no longer in use.
SIMETRIK will not be responsible for any damage caused by Users and Clients, including individuals who were not authorized to access the Tool but were able to do so because usernames, passwords, or accounts were not timely canceled in their local identity management infrastructure or their local devices.
The User and the Client will be responsible for all activities carried out using the username, password, or account, or as a result of accessing the Tool by themselves or by their Users, and agree to immediately notify SIMETRIK of any unauthorized use. The User and the Client agree and undertake to make all reasonable efforts to prevent unauthorized third parties from accessing the Tool.
- Usage Limitations
The User and the Client agree and accept not to use or allow the use of the Tool for any purpose that: (i) poses a threat or harassment to any person or causes harm or injury to individuals or property; (ii) involves the publication of false, defamatory, harassing, or obscene material; (iii) violates privacy rights or promotes intolerance, racism, hatred, or harm; (iv) constitutes a violation of intellectual property rights or other proprietary rights; or (v) in any way violates applicable laws, regulations, or rules.
In addition to any rights of SIMETRIK under this Agreement, SIMETRIK reserves the right, but not the obligation, to
take corrective action if any material violates the aforementioned restrictions, including the removal or disabling of access to such material or the User. In such a case, SIMETRIK shall have no liability to the User, the Client, or any affected third parties for taking such measures.
The User and the Client shall have sole responsibility regarding the accuracy, quality, completeness, legality, reliability, suitability, and ownership of all information uploaded to the Tool, and therefore agree to defend and indemnify SIMETRIK against any claims arising from a breach of their obligations under these Terms and Conditions.
Prior to uploading information to the Tool related to the payment card industry or Payment Card Industry Data Security Standard (PCI DSS), the Client and its authorized Users must encrypt and mask the data in accordance with the standard and perform any other necessary actions to comply with the required industry security standards. This is considering that while SIMETRIK has information security controls and the highest security standards within the Tool and its services, it does not have PCI DSS certification for the Tool.
- Rights Granted by the Use of the Tool
During the term of use of the Tool and subject to the payment obligations of the Client, and unless otherwise stated in these Terms and Conditions, the User shall have a limited, non-transferable right to use the Tool, including any developments made by SIMETRIK delivered to the User as part of the services provided through the Tool. The Client may allow its Users to use the Tool for the contracted purpose and, in turn, shall be responsible for ensuring that such use is in accordance with the provisions of these Terms and Conditions.
By accepting the Terms and Conditions, the User does not acquire any right or license to use the Tool beyond the scope or duration of the contracted services, as their right to access and use the Tool will also terminate upon the completion of the service provision.
Right of Use
SIMETRIK grants you a personal, non-exclusive, non-transferable, and revocable license to use the Tool.
The Client and its Users agree not to reverse engineer, disassemble, or decompile any Confidential Information, prototype, software, or other tangible objects provided within the framework of the use of the Tool.
Anyone using the Tool must strictly comply with these Terms and Conditions.
- Validity and Termination of Services
- The Services and access to the Tool under this agreement will be provided during the subscription period, unless suspended or terminated early in accordance with this document or the cloud services contract/Purchase Order, if applicable. The service provision will be automatically renewed, unless (i) the Client notifies SIMETRIK in writing, at least fifteen (15) business days in advance before the end of the respective service period, of their intention not to renew said services provided through the Tool, or (ii) SIMETRIK notifies the Client in writing at least thirty (30) calendar days in advance of their intention not to renew said services provided through the Tool.
Once the services provided through the Tool are completed, the Client and its Users will no longer have rights to access or use the Tool. However, if requested by the Client, and for a period of up to 30 calendar days after the end of the respective service period, SIMETRIK will make the Client’s content available for the purpose of retrieving the required information.
Note: The provisions of section 5.1 will apply to the relationship between SIMETRIK and the Client, provided that no different provision has been included in the contract governing the relationship between SIMETRIK and the CLIENT and/or in the Service Order (if applicable).
- Regarding personal data and in accordance with SIMETRIK’s Data Processing Policy, the information provided by the Data Subjects may be stored for a period of up to ten (10) years from the date of the last processing, in order to allow SIMETRIK to comply with its legal and/or contractual obligations, especially in commercial, accounting, and tax matters, or any event provided for by law. After said period, all data will be deleted, securely destroyed, or returned, except for those data that the law requires us to keep for a longer term.
SIMETRIK may temporarily suspend the Account and access to the Tool and its use in the event that the Client or its Users violate any provision contained in this document, according to SIMETRIK’s reasonable criteria and in the event that the services, the Tool, or any of its components are about to suffer a significant threat to security or functionality. In such a case, SIMETRIK will notify the Client in advance of such suspension at SIMETRIK’s reasonable discretion based on the nature of the circumstances giving rise to the suspension.
- If either party breaches this agreement and does not remedy such breach within a period of thirty (30) calendar days from the written notification of such breach, such party shall be considered in breach and the affected party may terminate the provision of the service under which the breach occurred. If SIMETRIK terminates the provision of the service in accordance with the above, the Client shall pay all outstanding sums due for services within thirty (30) calendar days, plus taxes and related expenses, and shall have access to the content for the time stipulated above.
Except for non-payment of the price, the affected party may, at its sole discretion, extend the thirty (30) day period to remedy the breach as long as the breaching party continues to make reasonable efforts to remedy the breach. The Client agrees that, in the event of being in breach under this document, they may not use the services of the Tool.
The provisions that will remain in effect after the termination or expiration of the contractual relationship between SIMETRIK and the Client are those relating to limitation of liability and others that are intended to survive by their nature.
Note: The provisions of section 5.3 will apply to the relationship between SIMETRIK and the Client, provided that no different provision has been included in the contract governing the relationship between SIMETRIK and the CLIENT or in the Service Order (if applicable).
- Intellectual Property
The SIMETRIK platform, the Tool, and all the material on the website https://simetrik.com/ and its contents,
including but not limited to texts, data, articles, logos, trademarks, designs, graphics, forms, documents, images, any content in general, source codes, software, and any other information contained in the Tool or on the website is the exclusive property of Simetrik Inc. and is protected by intellectual property laws.
The Client and its Users understand and accept that all the mentioned content and material is owned by Simetrik Inc.
Therefore, the Client and its Users acknowledge that the names and trademarks belong to Simetrik Inc., and they may not use them or the name of Simetrik Inc. or its affiliated companies without prior written authorization.
Any patent, specification, drawing, sketch, model, samples, tools, data, documentation, computer programs, technical or commercial information, trade names, trademarks, or distinctive signs that appear in the Tool, as well as the domain of https://simetrik.com/, are the exclusive property of Simetrik Inc. The Client and its Users acknowledge, declare, and accept that the use of the Tool and the services provided do not grant them any rights of any kind over the distinctive signs, the contents, or the Tool, and therefore, they acknowledge that they have no right to claim ownership.
The contents and materials owned by SIMETRIK may not be copied, modified, reproduced, reused, republished, displayed, or posted by the Client and its Users in any form or by any means, including but not limited to electronic, mechanical, recordings, photocopies, among others, without prior written authorization from SIMETRIK.
The access, download, transmission, or printing of any content or material may be done by the Client and its Users only for the purposes of the relationship with SIMETRIK and solely for the proper use of the Tool. Therefore, the Client and its Users may not modify or create derivative works from the contents and materials of SIMETRIK or any part thereof that is published on the platform.
The Client and its users declare and acknowledge that (i) they may not use the content and/or material of SIMETRIK on any other site, including but not limited to links to SIMETRIK on other websites, with or without the SIMETRIK logo, without prior written authorization from SIMETRIK; and (ii) they may not reproduce a mirror site of the SIMETRIK website or any part thereof, keep it on other servers, or publish it on the internet.
The authorizations granted by SIMETRIK to the Client and its Users, if any, for the use of any kind of intellectual property are exceptional, must be in writing, and are temporary, not extending beyond the validity of these General Terms and Conditions, the signed contract, or the Service Order if applicable. These authorizations do not grant the Client and its Users any rights beyond what is expressed in this document.
Using the aforementioned contents and/or materials without prior written authorization from SIMETRIK will constitute a violation of copyright and intellectual property laws and regulations. Failure to comply with the provisions of this clause gives SIMETRIK the right to deactivate the User’s Account and Registration and terminate the provision of services with the Client and deny access to the Tool.
Permission is granted to display, copy, distribute, and download SIMETRIK’s Tool Content, provided that: (a) the copyright notice of the Content is not altered, and a note is added indicating that it is being used with permission (e.g., “Used with permission”); (b) the use of such Content is for personal, non-commercial purposes; (c) the Content is not copied or sent to networked computers, nor published in any media, except as expressly authorized
by a valid license or permission for such materials; and (d) no modifications are made to the Content. This permission will automatically terminate without notice. If the User and its users violate any of the Terms or Conditions in this section, the User and its users must immediately destroy all downloaded or printed Content.
The above is without prejudice to the right of SIMETRIK to take all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual property rights. Any questions related to trademarks and/or the use of SIMETRIK’s content and material should be directed to SIMETRIK directly.
- Content submitted to SIMETRIK
In addition to the Registration Data and any other content that the User and its users provide to the Tool, they may submit questions, issues, ideas, thanks, comments, messages, posts, feedback, suggestions, plans, images, any type of material. This type of information is understood to be voluntary, non-confidential, and without any commitment.
SIMETRIK does not own the information that the Client and its Users upload to the Tool.
Each party may have access to confidential information of the other party (“Confidential Information”). Each party agrees to disclose exclusively that information that is necessary for the fulfillment of the established obligations.
The Confidential Information of one party shall not include information that: (a) is or becomes part of the public domain through a cause other than the action or omission of the other party; (b) was in the legitimate possession of the other party before its disclosure and that the other party did not obtain it directly or indirectly from the disclosing party; (c) is legitimately disclosed to the other party by a third party without restrictions regarding such disclosure; or (d) is independently developed by the other party.
The parties undertake not to disclose the Confidential Information of the other party to third parties other than those mentioned below for a period of three years from the disclosure of the Confidential Information by the disclosing party to the receiving party.
However, SIMETRIK will maintain the confidential nature of the Confidential Information residing within the Tool.
The parties may disclose Confidential Information only to those employees, representatives, or subcontractors who are required to protect it against unauthorized disclosure.
SIMETRIK will protect the confidentiality of the information residing in the Tool in accordance with SIMETRIK’s security practices defined in the Information Security Policy. Likewise, the processing of Personal Data will be carried out in accordance with the terms of the clause described below.
Upon termination of this usage agreement or at the written request of SIMETRIK, the Client must cease using the Confidential Information and return or destroy it.
- Personal Data Protection
It is the obligation of the parties to report any suspicion of loss, leakage, or attack against the personal information that they have accessed and/or processed in relation to this contract, a notice that must be given once they become aware of such eventualities.
Every data subject is entitled to the following rights: (i) Know, update, and rectify their Information and Personal Data in front of the Data Controller or Data Processor. This right can be exercised, among others, against partial, inaccurate, incomplete, fractionated, misleading data, or data whose processing is expressly prohibited or has not been authorized; (ii) Request proof of the authorization granted to the Data Controller, except when expressly exempted as a requirement for the Processing; (iii) Be informed by the Data Controller or Data Processor, upon request, regarding the use that has been given to their Information and Personal Data; (iv) File complaints with the Superintendence of Industry and Commerce for violations of the personal data protection regime; (v) Revoke the authorization and/or request the deletion of the data when the Processing does not comply with constitutional and legal principles, rights, and guarantees. The revocation and/or deletion will proceed when the Superintendence of Industry and Commerce or the competent authority has determined that the Data Controller or Data Processor have engaged in conduct contrary to the law; (vi) Access their Information and Personal Data that have been subject to Processing, upon request to SIMETRIK, in accordance with the applicable regulations. For queries with a frequency greater than one (1) calendar month, SIMETRIK will charge the Data Subject requesting such information for the expenses of shipping, reproduction, and, if applicable, certification of documents; (vii) Obtain a copy of the Personal Data provided to SIMETRIK in a structured, commonly used, and machine-readable format, as well as request the transmission of that personal data to another data controller. (Portability); (viii) Request the deletion of Personal Data in certain circumstances, such as: (a) when the data is no longer necessary, (b) the data has been processed unlawfully, or (c) the data no longer fulfills the legal purpose for which it was collected.
Customers and their Users, when using the Tool, declare that they have carefully read, understood, and accepted this Policy on the Processing of personal data, in accordance with the current regulations applicable to the matter. Therefore, to register as a User on the platform, you must accept SIMETRIK’s Policy on the Processing of personal data, a requirement without which you will not be able to complete the registration.
In any case, the requested authorization must be prior to the processing of personal data. The record of the authorization may be in physical or electronic files, as long as the registration of the form of authorization, date, and time can be determined.
SIMETRIK will ensure the proper use of personal data of children and adolescents under legal age, guaranteeing that the treatment of their data complies with the applicable laws, as well as their best interests and fundamental rights, and as far as possible, taking into account their opinion as Data Subjects.
In the event that SIMETRIK discovers that it has inadvertently collected personal data from a minor, SIMETRIK will immediately delete such information.
Children and adolescents under legal age may be users of the services that SIMETRIK offers, as long as they act
through, or duly authorized by, their parents or legal guardians.
In the event that the parents or legal representatives of these minors detect unauthorized data processing, they may submit their queries or claims to the email address email@example.com.
SIMETRIK guarantees that it will provide (i) the services incorporated in the Tool, and (ii) the Services in a professional manner in accordance with industry best practices. If the services provided to the Client and its Users are not provided in accordance with the aforementioned guarantee, the Client must notify SIMETRIK in writing, describing the deficiency in the services.
SIMETRIK does not guarantee that (i) the services will be provided without errors or interruptions, nor that SIMETRIK will correct all errors in the services, (ii) the services will meet the Client’s and its Users’ requirements, specifications or expectations. Therefore, the Client and its Users acknowledge that the services may be subject to limitations, delays, and other inherent problems in the use of Software as a Service. SIMETRIK is not responsible for delays, delivery failures, or other damages resulting from such problems.
SIMETRIK does not make any representations or provide warranties regarding the reliability, accuracy, completeness, correctness, or usefulness of third-party content or services, and assumes no responsibility arising from or as a result of third-party content or services.
If there is a breach of the service warranty, the sole recourse and liability that SIMETRIK will have will be to correct the deficient services that caused the breach. If SIMETRIK cannot substantially correct the deficiency in a commercially reasonable manner, the Client and its Users may terminate the deficient services.
SIMETRIK cannot and does not guarantee that: (a) the Tool will function uninterrupted, timely, secure, and error-free; (b) the results obtained from the use of the Tool will be accurate and reliable; (c) the quality of products, services, content, information, or any other material acquired or obtained through the Tool will meet your expectations or requirements; (d) any errors on the page will be corrected.
The User assumes all risks for any damage or malfunction suffered by their computer equipment or for the loss of information resulting from receiving content from the Tool, including damages caused by computer viruses.
To the extent permitted by law, these warranties are exclusive and there are no other express or implied warranties or conditions.
The service offered by SIMETRIK implies an obligation of means and not of results, aimed at identifying as many transactions as the Tool allows. Under no circumstances does SIMETRIK undertake to guarantee the identification of all transactions, nor the accuracy of the information uploaded by the Client and its Users in the Tool, considering that said information is owned by the Client and SIMETRIK will not affect the integrity of the uploaded information.
- Limitation of Liability
Direct Damages and Economic Losses: Neither party shall be liable for indirect, incidental, special, punitive, or
consequential damages, nor for lost profits or loss of revenue, data, business, including but not limited to, loss of profits, commercial reputation, goodwill, use, data, electronic orders, or any other economic benefit, whether arising from contract breach or tort (including negligence), directly or indirectly resulting from the use of the Tool, even if SIMETRIK had knowledge or could reasonably foresee the possibility of such damages.
SIMETRIK’s total liability for any damage or loss arising under or as a result of this contract or its order, whether contractual or extra-contractual, or of any other nature, shall be limited to an amount equivalent to the value agreed upon for the year of service in the contract and/or Purchase Order signed with the Client. This shall not include any refunds or credits that the Client has received from SIMETRIK.
The Client and its Users agree to release and indemnify SIMETRIK, its subsidiaries, affiliates, shareholders, officers, directors, agents, license rights holders, suppliers, affiliated members, and other associates, employees, and representatives, and hold them harmless from any claims, demands, or costs, including reasonable attorney’s fees, made by any third party arising out of or resulting from their Content, use, or connection to the Tool, breach of the Terms and Conditions, or violation of the rights of others.
To the extent that some jurisdictions do not allow the exclusion or limitation of direct, indirect, or consequential damages, some parts of the above limitation or exclusion may not apply to all Clients and Users. In such cases, SIMETRIK’s limitation shall be limited to the extent permitted by applicable law.
- Entire Agreement
The Parties agree that these terms and conditions shall prevail over any other previous agreement and/or covenant, whether oral or written, entered into between them regarding the provision of services. In the event of any discrepancy between these terms and conditions and any other communication, the provisions herein shall prevail, but solely with respect to such discrepancy.
On the website https://simetrik.com/, the Client and its Users may find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. SIMETRIK does not have the authority, human resources, or technical means to know, control, or approve all the information, content, products, or services provided by other websites to which links are established from https://simetrik.com/. Consequently, it cannot assume any responsibility for any aspect related to the website to which a link is established from this Portal, specifically, but not limited to, its operation, access, data, information, files, quality, and reliability of its products and services, its own links, and/or any of its content, in general.
The establishment of any type of link to another external website does not imply the existence of any relationship, collaboration, or dependency between SIMETRIK and the owner of the external website.
SIMETRIK may send notices to you via email or regular mail, or may post notices or links to them on the Website.
SIMETRIK reserves the right to modify, suspend, or terminate the Services (or part of them), as well as their use or access, at any time without prior notification. SIMETRIK may also delete or prohibit access to or use of any Information and related files.
SIMETRIK shall not be liable to you or any third party for any modifications, suspension, or termination of the Services or for the loss of related information.
SIMETRIK may modify these Terms and Conditions at any time by simply posting the modified conditions on this Website.
All communication or notifications between the parties shall be in writing. Communications that the Client and its Users must or wish to send to SIMETRIK shall be made by email to firstname.lastname@example.org.
Communications that SIMETRIK must or wishes to send to the Client and its Users shall be made by email to the email address designated by the Client during the contracting process and by the User during the registration process.
- Feedback and Monitoring of the Tool
The User expressly authorizes SIMETRIK to monitor and analyze the behavior and usability of the User and its users in the Tool in order to implement changes, improvements, or adjustments that enhance the value generated by it. Monitoring will be done through recording, logging, and analysis of the behavior of the Client and its Users using, for illustrative and non-limiting purposes, heatmaps, recordings of web usability visits, funnel tracking, form analysis, or any other similar method that allows SIMETRIK to monitor the behavior and usability described in this section.
The Client acknowledges that SIMETRIK will not confer any right or expectation on any tangible or intangible property or right of SIMETRIK. All analysis derived from the monitored information, under the parameters described above, is original, voluntary, and automatically becomes the property of SIMETRIK.
Indeed, SIMETRIK will be free to use the behavior and usability of the Client and its Users in any manner it deems appropriate and without any obligation towards the User. Additionally, any development, adjustment, or enhancement made by SIMETRIK to the Tool based on any feedback from the Client and/or its Users will be the exclusive property of SIMETRIK. There will also be no time limit on the validity of this authorization, nor any geographical specification as to where the monitored behavior and usability can be used.
The Client authorizes SIMETRIK to use the information for processing, monitoring, and analysis. SIMETRIK declares that the analysis derived from the information will be used for the continuous improvement of the Service and the implementation of new functionalities that generate benefits for its clients.
The Client expressly authorizes SIMETRIK’s employees, contractors, and/or subcontractors providing the service described herein to access the databases, data warehouse, and/or any tool that stores and processes Client
information within the scope of the service. This is done for the purpose of: i) Providing support for the Tool; ii) Updating and improving the service; iii) Monitoring the behavior and usability of the Tool.
- Support and Maintenance
SIMETRIK will commit to comply with the Service Level Agreement (SLA) agreed upon with the Client.
When requesting assistance or technical support for the use of the Tool, the Client and its Users acknowledge and accept that, in some cases, it may be necessary for authorized personnel, contractors, and/or subcontractors of SIMETRIK to access the Client’s workspaces, systems, or information to provide the necessary support. This access will be limited only to what is necessary to resolve the issue or provide the requested assistance.
The Client and its Users acknowledge that SIMETRIK will take all reasonable measures to protect the confidentiality and security of the accessed information.
- User Representations
By accepting these Terms and Conditions, the User and its users represent and warrant to SIMETRIK that (i) they have read this Agreement and the Privacy and Data Processing Policy (consulted at the link: https://simetrik.com/legal?q=privacy_policy) before subscribing to this document and are fully aware of the conditions; and (ii) they have not entered into, and will not enter into in the future, a contract or agreement, verbal or written, with a third party that impedes or conflicts with the fulfillment of their obligations arising from these Terms and Conditions.
- Obligations and Behavior of the Client and its Users
In exchange for the use of the Tool, the Client and its Users agree to: (a) provide complete, up-to-date, and truthful information requested in the Tool’s registration form (hereinafter, the “Registration Data”); (b) keep their password and identification data secure; (c) promptly maintain and update the Registration Data and any other information provided to SIMETRIK, so that they are always accurate, complete, and up-to-date; and (d) accept all risks arising from unauthorized access to information and Registration Data. The responsibility to properly protect and back up the information or equipment used lies solely with the Client and its Users. (e) By registering as a user or using the Tool, Users agree to these terms and conditions. The Client and its Users are solely responsible for all content they upload, send, or otherwise transmit through the Tool. Specifically, the Client and its Users agree not to upload, send, or otherwise transmit through the Tool any content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, intimidating, or otherwise unacceptable to SIMETRIK or other users of the Tool; (b) includes unauthorized disclosure of personal information; (c) infringes or violates the intellectual property rights of any person; or (d) contains computer viruses or any other type of code, files, or computer programs designed to disrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment. SIMETRIK reserves the right to modify or remove content that violates these provisions or contains third-party commercial advertisements.
The Client and its Users agree not to use the Tool to:
- transmit unsolicited (spam) or bulk messages, advertising, and/or promotions of products and/or services other than those authorized by SIMETRIK, job solicitations, or business offers are not allowed, or unsolicited communications;
- impersonate SIMETRIK or someone else or ridicule the identity of SIMETRIK or others;
- c) alter headers or otherwise manipulate identity parameters (including URL) in order to hide the origin of any Content transmitted through the Services;
- misrepresent the relationship or affiliation with a person or entity;
- e)disrupt the normal flow of dialogue or act in any way that negatively affects the use of the Tool by other users;
- engage in activities that violate any fiduciary duty, local, state, national, or international laws or regulations with the force of law, including, without limitation, attempting to unauthorized access or compromise any account or network tool, harass or make threats, or any other type of illegitimate activity; or (g) collect or store personal data about other Users unless specific authorization from such individuals is obtained.
This Policy is effective from the day of its publication. The latest updated version is from October 4, 2023.
Santiago Gómez González Representante Legal