The following are the terms and conditions applicable to the Users of the Technological Platform "PURPUS" under which Bessel S.A.S. (hereinafter, the "Company") allows the use and access to its Software Services through this instrument.
The terms and conditions will describe the contractual relationship between the Users and the Company, a simplified joint stock company incorporated under the laws of the Republic of Colombia, with Tax Identification Number No. 901.863.311-7. In them we will explain the rights and obligations acquired by the Users through the use of the Services provided by "PURPUS", by any means, and the rules under which the commercial relationship will be maintained directly.
By registering as an Administrator and/or Collaborator, when accessing or using our Services, and/or the express electronic acceptance of the present terms and conditions, the Clients of PURPUS manifest their consent and acceptance of the same. If the Customer does not agree to these terms and conditions, the Customer should not click on the service links or other similar links and should not access or otherwise use our Services.
Likewise, by performing any of the aforementioned activities, Users declare that they have legal capacity and the necessary powers to bind themselves in accordance with these terms and conditions. In the event that whoever uses the PURPUS Services does so on behalf of a legal entity or third party, said person guarantees that he/she is fully empowered to bind and/or represent said person. In case of not being authorized, the applicant shall be personally liable for the obligations undertaken in accordance with these terms and conditions.
Notwithstanding the foregoing, and upon express written request of the Client, the Company may send an electronic copy of the terms and conditions set forth in this instrument.
PURPUS is a SaaS solution that allows companies to transform 2D object designs into 3D models from images or videos provided by Clients. These models can be integrated into their websites, allowing their customers to visualize the products in their real environment through augmented reality. In the same way, it allows customers to make the connection between their web page and 3D models already created by them, facilitating their integration and visualization without the need to generate new models. In addition, PURPUS offers a control panel that allows clients to know the performance of their products, providing them with key information about the interaction of their clients with the 3D models.
By contracting the SaaS Service, by accepting the present terms and conditions, by using our Services, the Users are freely and voluntarily contracting a 2D to 3D image conversion service for the implementation of these models on the Clients' websites or platforms or the connection of models already created to their websites.
The Company grants the Customer a non-exclusive, non-perpetual, non-transferable license to use PURPUS so that the Customer can access the Service. By granting a non-exclusive license, it shall have the right and prerogative to license the use of PURPUS to third parties, without this representing or implying a prejudice or detriment to the rights of the Users. Any unauthorized use may generate the payment of damages in favor of the Company.
The license of use of PURPUS will have a minimum duration of three (3) months. Once this period has elapsed, the service will be automatically renewed for the same term initially contracted, unless the Client expresses its intention to cancel it within the terms established herein. Consequently, the commercial relationship will continue indefinitely until either of the Parties communicates its decision to terminate it.
The terms and conditions of the Service include these terms and conditions, and any other binding document that is published by the Company, in any medium that the Company designates for such purpose, or that is made known to the Client by any other means, which shall be available for consultation.
The Company offers a Software as a Service service that runs in the cloud, i.e., that allows Users to access the functionalities offered by PURPUS through accounts or sessions to which they have remote access through a computer or mobile device connected to the Internet. Through PURPUS, Users may request the creation, management and visualization of interactive 3D models from images or videos, which can be integrated into their web pages or digital platforms. Likewise, Users will be able to connect their web pages with 3D models already created, allowing their integration and visualization in augmented reality in their web pages or digital platforms. The scope of the Service will be determined by the Parties in the Commercial Proposal.
The Client, through its Administrator, may access the Service provided by the Company through PURPUS in the following manner:
The scope of the Service shall be defined by the Plan agreed with Client and detailed in the delivered Business Proposal, which is incorporated as an integral part of this agreement in Exhibit 2. While the Service may contribute to improving conversion on the Customer's digital channels, PURPUS does not guarantee a specific increase or a specific result in this regard.
In order for Users to access the Services, they must meet at least the following requirements:
In order to access PURPUS the Administrator will have a user and an access password. These access credentials are unique and non-transferable, for which the Customer shall be liable for any unauthorized use made by a third party, whether done voluntarily or involuntarily, or by any third party that may access its access credentials, by acts performed or generated by the Administrator.
The Customer undertakes to notify PURPUS immediately, by a suitable and reliable means, of any unauthorized use of its account, as well as the access by unauthorized third parties to the same, so that the access credentials may be immediately deleted.
The Service is paid through monthly subscriptions and is structured in different Plans, whose Rates and characteristics will be detailed in the Commercial Proposal shared with the Clients. The values will be expressed in dollars and the current TRM will be applied.
If the payment is made by bank transfer between Colombian accounts, the Client must convert the amount to Colombian pesos using the Market Representative Rate (TRM) in force on the day of payment, according to the official source of "La Republic" journal. Once the conversion has been made, the Client will proceed with the transfer, and the bank will credit the corresponding amount to the Company's account.
The subscription will be charged in advance on the established payment date.
As for the creation of additional models, they will be charged on the cut-off date closest to the request. In specific cases, if a Customer requests additional models and cancels the business relationship before the charge date, it will be assessed whether the charge corresponds to the integration of at least one of the models on its website before the termination of the contract. If so, the totality of the models that the Client accepted in the Commercial Proposal will be charged. Similarly, if at least one round of feedback or quality control has already been carried out with the Client, the corresponding charge will be generated.
If the Client approves a model in the review sessions and subsequently detects a problem, he/she may request adjustments within the first fifteen (15) calendar days from its integration in the web page. These adjustments will allow for a maximum of three (3) quality control sessions, including those performed prior to integration.
The Company reserves the right to update its prices in accordance with its business policy, in which case the Client will be informed of the new prices so that the Client may freely decide if it wants to continue with the provision of the Services.
The Service Rates obtained will be maintained during the term of the same, so that the new prices will begin to apply from the new term. In case of not renewing the Service, the Customer must notify the Company in writing twenty-five (25) calendar days prior to the beginning of the new term of the Tariffs, that is, before the month following the subscription date. If the Customer does not notify the decision not to renew within this term, the Service shall be automatically renewed and shall be understood as acceptance of the new Tariffs.
The collection of the Fee for the provision of the Services shall be settled on a monthly basis in accordance with the Commercial Proposal.
The Company shall make available to the Client the following payment methods so that the Client can make the payment of the Fee:
The Company reserves the right to temporarily or permanently suspend the Service, when the payments, deadlines and payment conditions established in the Commercial Proposal are not complied with.
Subscriptions made by credit and/or debit card will be automatically renewed, unless you cancel your subscription. You agree to notify PURPUS of any changes to your account number and/or expiration date.
The Company undertakes to carry out preventive and corrective maintenance activities, with the purpose of avoiding possible errors, failures or intermittencies in the execution of the PURPUS user license or to correct its errors, failures or intermittencies. In execution of the PURPUS maintenance obligation, the Company may disable access and use of PURPUS for the performance of repairs or maintenance that have been scheduled twenty-four (24) hours in advance, or when reasonably required to ensure the SLA. The maintenance periods in which PURPUS is offline or disabled shall not affect in any way the relevant downtime and shall not be considered as generating damages to the Customer, as they are necessary for the development and execution of this Agreement.
The term of the Service shall be in accordance with the term set forth in the Commercial Proposal which shall be counted as of the Commencement Date and, in any case, shall not be less than three (3) months. The provision of the Service shall be automatically renewed, unless either Party expresses its intention to terminate it with a written notice to the other Party not less than twenty-five (25) calendar days prior to the termination date.
During the term of the provision of the Service, and except as otherwise provided, Customer shall have a limited, non-exclusive, non-assignable, onerous right of use to access and use the Company's Services for its internal operations and management.
By virtue of this License of Use, Users may not use the Services for purposes other than those already mentioned.
Likewise, the Users accept that the license of use that by this Section is enunciated, can also involve the access and use of any additional functionality that, to mere liberality, the Company provides.
By accepting these terms and conditions, the Client unequivocally states that this license of use does not involve additional or related services that are not described in Section 3.2 of this instrument or for a time or period that exceeds that requested in any of the Service modalities. Therefore, once the term of the provision of the Services ends, the provision of the Services by the Company shall terminate.
In order to ensure an effective and adequate implementation of the Services by the Company, and in accordance with the terms and conditions of the Services, the Company's provision of the Services shall be terminated.
Each of the Parties shall be the exclusive owner of all intellectual property rights of which it is the legitimate owner or licensee. Therefore, neither Party grants, implicitly or expressly, any ownership or exploitation right in relation to any intellectual property rights of the other Party.
Therefore, all and any intellectual property rights that are used in any way by the Parties for the development of the provision of the Service shall remain the property of the Party to which such intellectual property rights belong, and their use for the purposes of the use and provision of the Service does not confer, expressly or implicitly, any right other than those set forth in these terms and conditions.
The 3D models and designs developed by PURPUS are the property of the Company and are protected by the applicable intellectual and industrial property regulations.
In case the Client decides to terminate the Services and is in good standing with PURPUS, he/she will have the option to acquire the 3D models created during the provision of the Service and make free use of them, upon payment of a determined amount for each model.
Conditions for the acquisition of 3D models:
Acquisition cost:
The Customer may acquire the 3D models developed by PURPUS for a value of 5 US dollars per model.
When the Customer acquires the 3D models integration Service in its web pages or platforms, the intellectual property of such 3D models shall remain the property of the party to which such intellectual property rights belong.
The Customer may not sublicense, sell, rent, lease, transmit, assign, distribute, display, host, subcontract, disclose or otherwise commercially exploit or offer or provide the functionality of PURPUS. Likewise, Customer may not modify, create derivative works, disassemble, decompile or reverse engineer any part of PURPUS, or agree to use PURPUS for the purpose of creating, supporting and/or assisting a third party.
No functionality of PURPUS may be copied, reproduced, distributed, published, downloaded, displayed, edited or transmitted, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or any other means.
Customer warrants and represents that it understands that the license to use referred to in Section 5 of these terms and conditions is subject to the following restrictions, namely:
The Users undertake to comply with all the obligations expressed in these Terms and Conditions, as well as those determined in other documents, including and not limited to other contracts entered into with the Company.
In addition to these obligations, Users, shall have the following obligations:
Users agree to refrain from engaging in any of the following activities:
The realization of any of the special prohibitions of the Client will give the Company the possibility to unilaterally terminate the provision of the Service, without the need of previous requirements, constituting the proof of the special prohibition as an enforceable title to collect any compensation that may be due.
By virtue of the nature of the Service offered by the Company, the Company undertakes to:
The Company warrants that it will provide the Services set forth in Section 3.2 of this instrument in all material respects as described in the scope set forth therein. If the Services provided are not provided in accordance with the foregoing warranty, the Client shall notify the Company in writing of such circumstance, describing the deficiency in the Services.
The Company shall only be liable for failures of PURPUS below the guaranteed service levels.
The Company will make its best efforts to provide the Services with the quality expected by the Users, subject to the present terms and conditions. Notwithstanding the foregoing, the Services provided by the Company are not warranted and are provided in accordance with the terms of Section 9 of these terms and conditions.
Users agree that the Service provided by PURPUS is an "as is" service, which means that there is no express or implied warranty of any kind as to the performance of the SaaS service, except for the warranty set forth in Section 8(c) of this document.
No information Users may have received by any means from the Company or any of its representatives or officers, in addition to these terms and conditions, shall engage the liability of the Company or represent any warranty regarding the Services.
For this reason, the only recourse that the Users will have in relation to the Services provided by PURPUS, is not to use the Service again, without this implying any reimbursement in favor of the Users.
In no event shall the Company be liable for indirect, punitive, special, exemplary, incidental, consequential or consequential damages, or for any damages for loss of data, revenue, profits or other variables with respect to the use of PURPUS, for improper use of the solution or for attacks, sabotage or other unethical practices or illegal circumstances, force majeure or acts of God. Notwithstanding the foregoing, and as the Company is an expert in the Services it provides, it shall endeavor to have the necessary computer security measures in place to guarantee the protection of the Client's and Users' data and information. In any case, the liability of the Company, in case of persistence, whether contractual or extra-contractual, of any kind or nature, shall not exceed the total amount paid by the Client to the Company for the provision of the Services in the last year or proportional to the term of the provision of the Services that has elapsed.
Requests, complaints, claims and suggestions (hereinafter "PQRS") to PURPUS Services shall be governed by the following provisions:
The Company informs Users that it shall be exempt from liability when:
Users accept that the Company may use cookies and other similar technologies in PURPUS, its contents, services, as well as in the e-mails and messages sent to Users and Collaborators. These tools are used to, among other purposes, authenticate users, record activities on PURPUS, improve its functionality, optimize the Services offered, analyze market trends, collect demographic information of PURPUS users, evaluate the effectiveness of advertising, analyze the behavior of Users and measure the results of the activities executed on the platform.
They also make it possible to determine who has opened the emails sent and the format in which they do so. The data collected include, among others, the type of browser and operating system used, the IP address, the time spent on PURPUS, the number of visits made and the use of the platform.
Each party agrees to maintain in confidence and not to disclose to any third party any confidential or proprietary information received from the other party hereunder ("Confidential Information"), nor to use such Confidential Information for any purpose other than as expressly set forth in these terms and conditions.
All data relating to IP addresses, web applications, domain names or network characteristics of the User (including data PURPUS obtains as a result of providing the Service) shall be considered Confidential Information of the User. All data and information contained in the Service or in the Reports (excluding User's Confidential Information) and all information relating to or materially related to the hardware shall be considered PURPUS's Confidential Information.
The User may not access, use or reference the information or data contained in the Service or the Reports, except for the limited purpose of vulnerability management with respect to IP addresses and/or the Web Application for which the User has purchased a subscription package.
The Users accept that for any divergence or discrepancy that may arise during the use of PURPUS, the Client and the Company will have a term of thirty (30) calendar days, counted from the date of the claim, to solve their differences through direct negotiation or conciliation.
If after this time, no agreement can be reached, both the Customer and the Company are free to resort to the jurisdiction of the competent courts of the Republic of Colombia.
With the acceptance of these terms and conditions, the Company is authorized to collect, use and process the personal data contained in PURPUS and those that may be provided or collected in the future, for the purposes and under the terms described in the Company's Personal Data Processing Policy, which is available at [insert link].
In any case, Users may exercise their rights to know, update, rectify or delete the data or to revoke this authorization under the terms of the Personal Data Processing Policy.
The Company may ask Users for some personal data such as name, address, telephone and email, among others, by providing the data by any means, the User gives express consent for the Company to carry out operations of Personal Data Processing such as collection, storage, use, circulation or deletion, under the terms of the Personal Data Processing Policy.
The Company may also obtain data through integration with other platforms, which will also be subject to these terms and conditions and especially to the privacy policy and personal data processing.
Personal data will be processed for the development of the Company's corporate purpose and other purposes specified in the Company's personal data processing policy.
The Company will process personal data, as defined in the Company's privacy and personal data processing policy, for as long as necessary to fulfill the aforementioned purposes, and/or as long as necessary to fulfill legal or contractual obligations.
The Parties agree that the personal data delivered by the User to the Company as well as those collected through PURPUS or in the framework of the provision of the Services, will be collected and/or stored by the Company on behalf of the Client for the provision of the contracted Services.
These terms and conditions, and all its rights, obligations, conditions and terms shall be interpreted, governed and applied in accordance with the applicable laws of the Republic of Colombia. In the same sense, the resolution of any conflict or matter related to this instrument shall be subject to the jurisdiction of the competent courts of the Republic of Colombia, waiving any other jurisdiction that may be competent.
The use of the functionalities included in PURPUS by the Users implies the acceptance of the present Terms and Conditions. If any Customer disagrees with any of the elements contained in the Terms and Conditions, he/she must cease the use of PURPUS.
These Terms and Conditions constitute a legally binding agreement between Users and the Company.
The Company may make updates and changes to these Terms and Conditions, both in their appearance and in their features and content, and may be changed or modified as new functions or features are developed and to the conditions of access at any time, without this meaning additional commitment to those established by the Company or alleging any kind of prejudice.
The purpose of this document is to establish the terms and conditions for the provision of the Service, update and maintenance of PURPUS. This document reflects the operational conditions of the technical support service and contains all the aspects related to its execution, allowing the interested parties to keep control over their requests.
Words written with initial capital letters, as used in this document, shall have the meaning assigned to such words in the body of this document or below:
The Company will maintain a "monthly availability" of 90% throughout a calendar month. The "monthly availability percentage" in a particular application is the ratio of time PURPUS was available to the Customer in relation to the total time accounted for in a month. Time is measured in 24-hour intervals and in 30-day monthly cycles. Availability is always calculated for a full month. An interval is marked as unavailable if attempts to connect to the application by the Customer are rejected or unsuccessful. However, the Company is not responsible in any case for failures in the equipment and/or systems operated by the Customer, nor for the consequences thereof.
ND = (X/Z) * 100
Where:
In order to guarantee the optimum operation of PURPUS, the Company provides a support service aimed at providing the necessary assistance for the resolution of incidents that may arise in the operation. This service is available from 9:00 am to 5:00 pm EST.
The available means of attention according to the support scheme are:
The requests or requirements raised by the Customer to the Supplier's support team will be classified according to the impact they have on the Customer's operation, as follows:
Critical: | Inoperative functionality, with no alternative that allows its operation. |
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Urgent: | Functionality partially operates, there is alternative to continue operation. |
Medium: | Minor incidence, allows operation of functionality. |
Low: | Other general requests or queries that do not affect the availability of the service. |
The terms used in this section shall have the following meanings:
Criticality | Attention | Solution |
---|---|---|
Critical | 4 hrs | 24 hrs |
Urgent | 4 hrs | 48 hrs |
Medium | 12 hrs | 5 working days |
Normal | 24 hrs | 8 working days |
Response times will be counted from the moment the request is registered at the service desk.
The Company in its continuous improvement reserves the right to open "maintenance windows" that will allow updating the platform that directly or indirectly affect the availability of the same. For these "maintenance windows", the Company will notify the Customer at least 24 hours in advance. The Company shall also have the right to perform emergency or unscheduled maintenance services, with at least 3 hours prior notice, which will be performed on the days they are required and as long as they cannot be postponed and executed as scheduled maintenance.
Notification of maintenance will be provided to the Customer via email. The Company shall use its best efforts to ensure that the information is received by the Customer. The Company shall be released from its obligations to contact the Customer if its contact details are out of date or inaccurate as a result of an act or omission by the Customer.
In the event that the Company is temporarily unable to provide the Service contemplated herein due to the intervention of an event constituting an act of God, an act of God being understood as any unforeseeable and irresistible event beyond the Company's control, the Company shall notify the Customer of the estimated time period for the resumption of the Service, but in no event shall the Company be liable therefor, nor shall it be understood that there has been a breach of the Agreement.
In order to favor the most efficient development of the service, the parties agree to adopt as mandatory the following procedure and management plans for quality control.
The Client must report all requests through the support channels.
Requests are created with the following characteristics:
The Customer classifies the request according to the nature of the urgency of resolution according to the impact of the request. However, PURPUS will conduct an internal review to ensure that the incident is correctly classified. If necessary, the incident will be moved to the appropriate priority, and the Customer will be notified of this change.
PRIORITY | DESCRIPTION |
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Urgent | PURPUS is not operating. PURPUS behavior in one way or another stops the main mission and there is no workaround to apply. |
High | PURPUS is operational, but seriously affected. It is important to resolve it as soon as possible. |
Medium | Problem, acceptable alternate path. Important but does not necessarily cover an emergency. |
Low | Information requirement. Can wait for higher priority tasks to be performed. |
The Customer should logically and coherently explain the requirement or situation to be resolved; with visual aids or screenshots, full details of the error presented, among others.