Terms and Conditions

In order to access or contract any of our services, you declare to know and accept the Terms and Conditions detailed below.

The Terms and Conditions are understood as an integral part of all acts or contracts that are executed or marketed under our platform. We recommend that you read and review this document in detail before accepting the Terms and Conditions and proceeding with the contracting.

To accept these Terms and Conditions, you must double click on the button containing the expression "I accept" or other similar expression. The foregoing shall be understood as a clear and unequivocal manifestation of your consent to the acceptance.

By accepting, you not only agree to comply with the provisions of these Terms and Conditions, but you also agree to comply with all applicable laws and regulations governing access to and use of our services. Likewise, by accepting these Terms and Conditions, you agree to our Privacy Policy (Section 8).

The Terms and Conditions govern the customer's access to and use of the services. If you do not have sufficient legal authority to bind your company or the applicable entity to this Agreement, please do not click the "I Agree" button below.

Terms and Conditions

For all legal purposes, these Terms and Conditions (indistinctly, the "Agreement" or "Terms") constitute the general conditions of contract between TRAKTOR DIGITAL SOLUTIONS SpA (hereinafter and indistinctly "Traktor") and the entity that subscribes these Terms (indistinctly, the "User" or "Customer").

TRAKTOR DIGITAL SOLUTIONS SpA, is a company incorporated and regulated under the laws of the Republic of Chile, dedicated to the development, creation and commercialization of software, computer solutions and softwares.

The product called AGRAK (hereinafter also the "Product", or "The Products", when applicable), consists of a complex computational solution that, through the integration of applications, aims to support and facilitate administrative and management processes for agricultural companies. The Product has a generalized design that, as far as its parameters allow, is adapted to the Client's needs.

For the purposes of granting the License, Traktor declares that the capacity of the Agrak Product will depend on the form and quality of the implementation process of the same in the Client's activity, as well as on the adequate training and competence of the people who operate it.

These Terms and Conditions apply to the Customer's use of the Agrak Product account and constitute a binding contract between the Customer and Traktor. By accepting this contract, the Client declares to know and agree with its content. Likewise, the Client agrees to comply with the regulations and legislation related to the access and use of the services provided by Traktor.

This Agreement shall be effective from the date on which the Client expresses unequivocally and by means of positive acts, its willingness to contract with the company to acquire the services. To accept these terms and conditions, the Client must double click on the button containing the expression "I accept", or other equivalent. In case the Client does not have sufficient legal authority to bind your company, the Client is requested not to click on the "I Accept" button.

LICENSE

Traktor grants a non-exclusive license or authorization of use (hereinafter and indistinctly referred to as the "License") of the Product to the Client, who by means of its unequivocal acceptance in the terms referred to above, subscribes to the present agreement. As owner of the Product, Traktor declares that the Terms and Conditions contained in this instrument are the only ones by virtue of which the Customer is granted the authorization to use the Product, so that the Customer may not in any case invoke other stipulations, modalities, agreements, covenants or conditions, except with the express written consent of Traktor. The license may not be transferred, sublicensed, assigned or assigned by the Customer to third parties, under any title, or for any reason whatsoever. Furthermore, the Customer may not enter into any legal act or contract relating to the License or the Product without Traktor's prior express written consent. This License of use will remain in force indefinitely, as long as the Customer fully complies with this instrument.

DEFINITIONS

The following terms shall have the meanings indicated below:

"Cookies" refers to text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website.

"Account" means Customer's Agrak account credentials and the corresponding access to the Services specified herein.
"Additional Products" means complementary services, products and applications that are not part of, but may be used with, the Core Services.
"Administrator Account" means the Agrak account that the Customer can use to manage the services offered by Traktor.
"Administration Panel" refers to the online tools and consoles that Traktor makes available to the Customer for managing the
"Administrator Users" means the technical personnel designated by the Customer to administer the services on its The Administrators, or also called Administrator Users, may have access to Customer Data and User accounts.
"Associated Entity" means any entity under direct or indirect control of one of the parties. Also, an Associated Entity shall mean any entity with direct or indirect control of one of the parties.

"Business Associate Agreement" refers to an addendum to the Agreement governing the treatment of protected health information (as defined in HIPAA).
"Brand Resources" refers to the trade and domain names, logos, trademarks and other distinctive brand elements of each
"Control" means control of more than 50% of the voting rights or interests of a party. means the control of more than 50% of the voting rights or equity interests of a party.

"Core Services" refers to the Traktor Core Services described in the Traktor Core Services Summary.
"Customer Data" means the information or data submitted, stored, sent or received by the Customer, in the context of the present
"Domain E-mail Address" means the email address of the Domain Name to be used in connection with the Services.
"Domain Name" refers to the domain name specified in the Order Form and to be used in connection with the
"Urgent Security Issue" means: a) use of the Services by Customer or End Users in violation of the Terms; b) use of the Services by Customer or End Users in violation of the Terms

and Conditions, which may adversely affect the Services or the use of the Services by other customers; b) the operation of Traktor's network or servers used to provide the Services; or c) access to the Services without proper authorization by a third party.

"End Users End Users" means persons who are permitted by the Customer to use the Services and who are governed by the provisions of an End User Administrator.
"Account at User End" means the Traktor hosted accounts established by the Customer through its Administrator for End Users to use the Services.
"Export Control Laws" means all applicable export and re-export control laws and regulations, including the following: a) the U.S. Department of Commerce's Export Administration Regulations ("EAR"); b) the U.S. Department of the Treasury's Office of Foreign Assets Control's Economic and Trade Sanctions; and c) the U.S. Department of State's International Traffic in Arms Regulations ("ITAR").
"Amounts" means the product resulting from multiplying the quantity of Services used or ordered by the Customer by the corresponding Prices plus applicable Taxes.
"High Risk Activities" refers to activities where the use or failure of the Services may result in death, personal injury or damage to the environment; for example, those related to nuclear facilities, air traffic control systems, life support systems or
"HIPAA" refers to the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), taking into account any addenda thereto from time to time and published provisions.
"Intellectual Property Rights" means all patent, copyright, trade secret (if any), trademark, design, database, domain name, moral and any other intellectual property rights (whether registered or unregistered) in the entire
"Legal Process" means any procedure provided for by law or regulation. means any procedure contemplated by law or regulation. Likewise, any court order and administrative authority shall be understood to be part of a Legal Process.
"Order Form" means the online order page or pages, or any other ordering document deemed acceptable by Traktor under this Agreement, issued and accepted by Traktor, specifying the Services to be provided by Traktor to the Customer under the Agreement.

"Order Term" means the period commencing on the Services Commencement Date and extending for the time indicated in the Order Form, unless there is an earlier termination in accordance with the Order Form.
"Other Services" refers to additional or complementary services that Traktor offers or may offer.
"Services" means the Principal Services and Other Services ordered and included in the Order Form.
"Major Disabling" means the implementation in the Core Services of a material disruption or a backward-incompatible modification that prevents Customer or End Users from using the Services.
"Suspend" or "Suspension" refers to the disabling of access to the Services or its components, or of its When the suspension is of a considerable magnitude, either because it is prolonged in time or because it is considered as a major Disablement, it will be called Interruption. Likewise, suspension due to breach of the Contract may also be referred to interchangeably as Interruption.
"Effective Period" means the period beginning on the Effective Date and continuing for as long as there is an Order Form.
"Restrictions on Use" means the restrictions contained in Section 4.4 (Restrictions on Use) of the Agreement and any additional restrictions on the use of the Services contained in the Specific Terms of the Services.

GENERAL CONSIDERATIONS:

Account Access Responsibility:

Each person who registers through Agrak's website or mobile application, whether natural or legal person, is attributed the status of User and is responsible for the data provided in the registration. As a consequence of the registration, the User will be required to establish a secret and confidential password, for the confidentiality of which the User will be responsible.

These Terms and Conditions govern the User's access to and use of the Service. The User declares to have read and accepted these Terms of Use prior to using the Service. The User is solely responsible for maintaining the confidentiality of access information, i.e., User identification and passwords to access accounts. Thus, the User will be responsible for any person who obtains, accesses or uses through him/her his/her account.

The User is responsible for the security of his or her account and all activities associated with it. This means, among other things, that the User will protect and not share user IDs or passwords (except with authorized account administrators). If the User suspects unauthorized use of his/her account, he/she shall report such suspicion to www.agrak.com/report. The User shall ensure that all account information, including information provided by the User or its account administrators in connection with its registration is accurate and complete.

Failure to comply with any of the conditions of use will entitle Traktor to interrupt the provision of the Service, which will be communicated in writing to the User, who, in turn, may contact the site (*) to correct the non-compliance within 24 hours and may request reconsideration of the measure within a maximum period of 30 calendar days from the date of the notice of interruption of the service.

b) Capacity of representation:

In the event that this Agreement is accepted on behalf of a legal entity, the representative represents and warrants that: i) You have full legal authority to bind such company or applicable entity to these Terms so that they become a party to this Agreement; ii) You have read and understand this Agreement; and iii) You accept this Agreement on behalf of the party you represent. If you do not have sufficient legal authority to bind your company or the applicable entity to this Agreement, please do not click the "I Agree" button.

c) Conditions of use of the software:

The Customer shall be authorized to use the software in its entirety, for commercial use, and shall not be entitled to distribute, reproduce, sublicense, in any manner or under any circumstances, the software.

d) Use of Content:

The Customer agrees not to access the Software Service by any means other than through the software or platforms provided by Traktor. The Customer will not access or attempt to access an Account to which the Customer does not have permission. The Customer is prohibited from modifying the software in any way, using modified versions of the software for any purpose. Violations of the system or network security may result in civil or criminal liability against the Customer.

Traktor may notify the Customer regarding the Software Service by sending an e-mail to the Administrator's e-mail account or by publishing a notice on the Software Service. The Customer will be deemed to have been notified from the receipt of the indicated e-mail, or from the date of the publication. Traktor may control and supervise the rules of use, in order to verify compliance with them, and reserves the right to enforce them.

2. SERVICES:

Traktor will provide the Services in accordance with the request made by the Customer, by means of the "Order Form".

New Functions or Services. Traktor may from time to time offer new applications, functions or items for the
Verification to use the Services. The Customer must verify an e-mail address in order to use the Services, it is the Customer's obligation to have an e-mail address; thus, if the Customer does not have an e-mail address, Traktor will not be able to fulfill its obligation to provide the Services to the Customer.
Terms Terms of Service. The Specific Terms of Service are incorporated by this reference in the
Technical Support Services. Traktor will provide a Technical Support Service to the Customer during the term of the service as detailed in the plans or products published on the page.

3. MODIFICATIONS:

Modifications to Services.

Traktor undertakes not to modify the services offered with the following two exceptions:

Deactivation policy. Traktor will notify the Customer, at least 30 days in advance, if it intends to carry out an Important Deactivation for reasons of deactivation. Deactivation will not entitle the other party to terminate the contract without further liability.

Other modifications. As part of its policy of constant improvement, Traktor may make changes to the Services in favor of the Users, in order to improve the Product or for any other justified reason. If, as a result of the modifications, the customer does not express its will to terminate the Contract within the first 30 days from the implementation of the Modifications, it will be understood that the customer accepts them.

3.2. Modifications to the URL Terms.

Changes in URL Terms. Traktor may, at its discretion, change the URL Terms. It must notify its Customers.
When the changes take effect. Material changes to the URL Terms applicable to new Services or features will become effective upon notification to the

4. OBLIGATIONS OF THE CLIENT:

4.1 Compliance. The Customer will: a) ensure that its use of and access to the Services, including use of and access to its own data, complies with this Agreement and any of its terms or policies, including any employment contract or employer policy regarding the use of technology, security or confidentiality; b) take reasonable steps to prevent unauthorized access to or use of the Services; and c) immediately notify Traktor if it becomes aware of any unauthorized use of its Account.

Additional Products. Traktor will offer Additional Products, on an optional basis, to be made available to the

4.3. Administration of the Services.

Administration Panel. Traktor will provide the Customer with access to the Administration Panel for the Customer to manage the use of its Services. The Customer will be responsible for: a) maintaining the confidentiality and security of the Accounts of all the End Users associated to the same Customer, and their respective passwords; and b) all the activity that occurs through its account, which includes the activities of each of the End Users associated to the same Customer, even in those cases in which the Customer does not know about such activities. Furthermore, the Client accepts that Traktor's responsibilities do not include the administration and internal management of the Services that it develops through the application.
Administrator User Access to End User Accounts. Administrator Users may access, control, use, modify, retain or disclose Customer Data associated with any End User Account and control End User access to the Services. They may also have the ability to: i) control the configuration of End User Accounts, including but not limited to the ability to change their passwords and assign profiles; and ii) remove or disable any Services or Additional Products or other services or products enabled or installed in which the User Account is used. The use of Additional Products or other services or products with End User accounts is the responsibility of the Customer.

Restrictions on Use. Customer shall not misuse the Services or the Software. For example, you may not and will not allow those who have access to your Accounts to: a) copy, modify, create derivative works, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract the source code of the Services (except where such restriction is expressly prohibited by applicable law); b) sublicense, transfer or distribute any of the Services; c) sell, resell or otherwise make the Services available to a third party as part of a commercial offering that has no material value independent of the Services;

d) access or attempt to access the Services by any means other than through the interface we provide or authorize; e) engage in behavior that violates the intellectual property rights of any person; f) violate applicable law; or g) access or use the Services for: i) High Risk Activities;
ii) Actions to avoid paying Taxes; iii) Matters related to materials or activities subject to the U.S. Department of State's International Traffic in Arms Regulations (ITAR); iv) Failing to comply with or facilitating non-compliance with Export Control Laws; (v) Transmitting, storing or processing medical information subject to the U.S. Health Insurance Portability and Accountability Act (HIPAA), except as permitted by an amendment in effect to the Business Associate Agreement pursuant to the Act Unless permitted in the Specific Terms of the Services, Customer shall not use the Services, or permit End Users to use the Services, to make calls to or receive calls for emergency services.

5. PAYMENTS:

Usage and billing. The Customer will pay all Taxes and/or Fees corresponding to the use of the Services. Traktor will invoice the Customer for all Fees for the Services. Traktor's metering tools will be used to determine the Customer's use of the Services. The Customer must pay for the Services using the options that will be displayed on the platform at the time of payment. Once the payment has been made, the parties expressly agree that there will be no refunds, regardless of the reason invoked for such request.

Payment. All payments shall be made in United States Dollars (USD) unless otherwise stated on the Order Form or invoice; if other currencies are used, the calculation of the amount payable shall be based on the value of the exchange rate in effect on the date of actual payment.

The service will be enabled once payment has been confirmed. Traktor will issue an invoice to the Client in support of the service provided, and the respective invoice will be sent to the Client. If at the time the service expires, the Customer is not up to date with the payments, or does not renew the license, the service will be terminated without further responsibility on the part of Traktor.

Statement of Payments.

The Customer will receive notices regarding the payment status of the product, whether it is close to due or overdue. The payment of the Amounts by the Customer is considered overdue if Traktor has not confirmed receipt of the same by the due date indicated. If the Customer does not subscribe to the Services for a new period, Traktor will cancel the Services.

Taxes are not included in the Fees. The Customer will pay the Taxes levied on the Services, Traktor will not be responsible for the payment of such fees.

The charges made by Traktor will be liquid values and any tax or withholding applicable today or in the future, will be charged to the customer.

Customer shall withhold any Taxes required by law, without limiting its obligation to pay the Amounts.

Price revisions. Traktor may modify the Prices at any time, without affecting customers with services.
Refunds or Notwithstanding the provisions of Section 5.1, in the event of any type of refund or discount, these may be paid in dollars or in local currency at Traktor's option.

6. SUSPENSION:

Limitations on Suspension of Services .. Traktor may Suspend the Services for the reasons and under the terms stipulated in Sections 7.2 (Breach of the Terms and Conditions), 3 (Emergency Suspension) and 7.4 (Suspension for Maintenance) and force majeure. Any Suspension pursuant to the provisions of those sections shall be for the minimum necessary duration and scope.
Breach of Terms and Conditions. If Traktor becomes aware that the use of the Services by the Client or any of its Users violates any stipulation enshrined in this instrument, it will request that the Client remedy the non-compliance. Traktor may suspend the Services if the Client does not remedy the breach within 24 hours of such request. In the event of failure to remedy the non-compliance, Traktor will be entitled to interrupt or cancel the Service. The Customer will have a period of 30 calendar days from the suspension or interruption of the service to request reconsideration of the measure.

Emergency suspension. Traktor may immediately suspend the use of the Services if: a) there is an Urgent Security Problem, or b) Traktor is required to suspend such use to comply with an order of an authority or applicable regulatory modification.

Unless otherwise prohibited by order of authority or regulation, Traktor will notify the Customer of the reason for the Suspension.

Suspension for maintenance. Traktor may suspend the use of the Services for maintenance for a prudent period of time to comply with this task, which in no case may exceed 15 days. The above will be duly communicated to the

7. INTELLECTUAL PROPERTY:

Intellectual Property Rights. This instrument does not grant either party any rights, implied or otherwise, to the content or Intellectual Property of the other party. As agreed, the Customer reserves all Intellectual Property Rights pertaining to the Customer Data and Traktor reserves all Intellectual Property Rights pertaining to the Services.
Traktor Intellectual Property is the sole owner of all right, title and interest in the Services and the Software, and as such, does not grant any patent rights, copyrights, trade secrets, trademarks or any other rights with respect to elements of the Services or the Software to the Customer.
Security Technology Measures. The Customer agrees that the Software Service includes security technology and that, regardless of whether this Product is limited by security technology, the Customer will use it in accordance with the applicable rules of use established by Traktor and that any other use of the Product in contravention thereof may constitute a violation of the rights of any security technology is an inseparable part of the Product; Traktor reserves the right to modify the rules of use at any time. The Customer agrees not to violate, circumvent, reverse engineer, decode, disassemble or otherwise tamper with any related security technology, nor attempt or assist any person to do so.

Brand Resources. Traktor will only display the Customer's Branded Resources that the Customer authorizes it to show by uploading them to the Services, and it will do so within the designated areas of the web pages. Traktor will be able to show Brand Resources in web pages to indicate that it provides the Services.

Comments. The Customer may provide Feedback about the Services to Traktor. When submitting such Feedback, the Customer assigns all right, title and interest in and to such Feedback to Traktor.

8. PRIVACY POLICY:

By virtue of the consent given by the Customer when accepting these Terms and Conditions and this Privacy Policy, Traktor is entitled to process the Customer's data, as stipulated in this section.

This "Privacy Policy" or "Policy" explains in detail the types of Personal Data that we collect from the Customer and its Users, when you interact directly or indirectly with Traktor. It also explains how Customer and User Personal Data is used and safeguarded, with whom it is shared, what your rights are and how you can exercise them.

By accepting the Terms and Conditions, the Customer agrees to the following data protection statement and authorizes Traktor, in accordance with the applicable data protection laws, to process its Personal Data provided when contracting the Services, additionally, Traktor is authorized to collect, process and use the Customer's personal data in accordance with the following limitations and provisions.

8.1 Cookies. By accepting these Terms and Conditions, the customer authorizes Traktor to use the tools and cookies in accordance with the Cookies Policy.

Purpose of the Privacy Policy. It is related to the care and protection of the Customer's personal data, for which, by means of it, the Customer is informed what type of data is collected, Traktor's reasons for it and the Customer's options for updating, managing, exporting and deleting it, in order to offer the best and most personalized experience.

Customer Authorization. Traktor will only process the Customer's Personal Data for the purposes authorized in this Privacy Policy and in compliance with legal regulations.

Method of collection, processing and type of data. The term "Personal Information", for the purposes of this Privacy Policy, includes both Device Information and Personal Information.

Compilation Direct: The data is collected directly from the data subject through Registration on Agrak's website or mobile application, providing all the necessary information required by law. However, by accepting this Policy, the Customer consents to Traktor obtaining his or her authorization through any means that may be subject to subsequent consultation, such as; pop ups or banners on its website or application, forms made available online, or physical, data messages, or

Device InformationWhen visiting the Agrak website or accessing the Agrak mobile application, Traktor will automatically collect certain personal information about the Customer's device, including information about your web browser, IP address, time zone and some of the cookies that are installed on your device. In addition, as you browse the Site, information will be collected about the individual web pages or products that the Customer views, the web pages or search terms that referred you to the Site and information about how the Customer interacts with the Site. We refer to this automatically collected information as "Device Information".

Order InformationWhen the Customer makes a purchase or attempts to make a purchase through Agrak's website or mobile application, Traktor will collect certain information, including your name, billing address, shipping address, payment method information, email address and telephone number. Traktor will refer to this information as "Order Information".

Information Collection Technologies and Traktor will collect Information from the devices through the use of the following technologies:

CookiesCookies are small text files that contain a unique identifier that is stored on the computer or mobile device through which the website or mobile application is accessed so that they can be recognized each time someone uses these sites or mobile applications. In our Cookies Policy, the Customer may review the list of cookies used so that he/she can choose whether to remove them or not.
Log FilesLog Files: Log files are those that track actions that occur on the Site and collect data, including IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
Web Beacons, Tags & Pixels: These are electronic files used to record information about how the Customer navigates the site.
- Use of Data and Purpose. The data provided by the Client and its Users will be used for the following purposes:

To inform the Client and its Users about the Services object of this contract, through forms and e-mails that we make available for this purpose, in our web page

To provide the best possible service for your inquiries and

Develop actions, informative and commercial campaigns where products and novelties of the company's

The communication of such data is obligatory in order to be able to execute the services offered to you, and a possible refusal to communicate such data on your part will make it impossible for us to fulfil the agreed services.

8.7. Use of Information.

Information collected from your deviceTraktor will use the Device Information it collects to detect potential risks and fraud (in particular, your IP address) and, in general, to improve and optimize its Site (for example, by generating reports and statistics on how Customers browse and interact with the website, as well as to evaluate the success of our advertising and marketing campaigns).

Information Collected from the Order: Traktor will use the Order Information it collects primarily for the preparation of orders, the request for which will be received through the website or mobile application (including processing payment information, arranging shipments, and delivering invoices and/or order confirmations). In addition, Traktor will use for communications with the Customer; examining orders for fraud or potential risks; and providing information and/or advertising related to the products or services.
Targeted Advertising: Traktor will use the Customer's Personal Information to provide the Customer with targeted advertising or marketing communications that may be of interest to the Customer. For more information on how targeted advertising works, you can visit the Network Advertising Initiative ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how- does-it-work . Targeted advertising may be unsubscribed from the

The recipient shall use the other party's Confidential Information only to exercise its rights and perform its obligations under this Agreement. The recipient shall exercise reasonable care to avoid disclosure of Confidential Information of the other party to third parties other than the recipient's employees, Affiliated Entities, agents or professional advisors (the "Delegates") who require knowledge of such Confidential Information, who are also under a legal obligation to protect its confidentiality. The recipient shall ensure that its Delegates are also subject to the same non-disclosure and non-use obligations.

8.9 Recipients to whom Customer data may be communicated. Traktor will not transmit the Client's and Users' data to third parties, except when it is necessary and indispensable for the development of the services that have been requested or there is a legal obligation to respond to a request or order from a legal, judicial or administrative authority for information that it receives, or to protect its rights.

Consent to this Policy grants Traktor the right to anonymize and use Customer and User Data for purposes that will enhance the value of the Services it provides to Users. This may include the use of anonymized data of all Users to create models, statistics, and provide transparent information to the network.

Duration of the conservation of personal data. The personal data and any recordings of telephone calls will be kept for the time considered useful for the execution of the requested service or for the management of subsequent administrative activities. Traktor undertakes to treat the personal data provided confidentially and to return it to the interested party or destroy it after the end of the relationship. Traktor may delete the Customer's information after the end of this contract, but may retain the Customer's information in its archives, in order to be able to restore functions once the Customer decides to continue using the software.

Rights of Customer Rights y revocation of the consent given. The Client has the right to request, at any time, access to their data, as well as the rectification, cancellation or portability of the data, and also has the right to request the limitation of the processing or to oppose to it. In addition, you may revoke at any time the consents provided through an informative note, addressing your request to privacy@traktor.com, providing proof of your identity. Similarly, you can always request the suspension of promotional or advertising communications.

Facilities and data transfer. The facilities used to store and process Customer Data must comply with reasonable security standards, which in no case may be less stringent than the security standards of the facilities in which Traktor stores and processes its own information. By using the Services, the Customer consents to the transfer, processing and storage of its data.

Traktor does not alter the data collection and use practices of its Site when it recognizes "Do Not Track" signals from the Customer's browser.

Restriction of The service is not intended for persons under 18 years of age.

Duration of the Privacy Policy. This Privacy Policy is valid indefinitely; however, it is possible that in the future Traktor may modify the information contained in it. In the event that it is modified, Traktor will notify the Customer by various means, for example, through a banner, a pop-up or a push notification, when the change in question is significant, it will be communicated to the Customer's e-mail address, so that the Customer can review the changes, evaluate them, and even oppose them by revoking its consent to the processing of its Personal Data. The Customer accepts that, once Traktor has sent the notification to the last e-mail address provided by the Customer, it is understood that the Customer has been notified of the modification for all the effects derived from this policy. By virtue of the foregoing, it is the customer's obligation to keep permanently updated the e-mail addresses to which he/she wishes to receive the aforementioned e-mails.

Update. Traktor informs that the updated versions of the Privacy Policy will always be published on its web page traktor.cl, in its latest version.

Information. For more information about privacy practices, and for any questions or complaints, the Customer may contact us by e-mail at legal@traktor.com.

9. MARKETING AND ADVERTISING.

Each party may use the Trademark Resources of the other party in connection with this Agreement to the extent permitted by this Agreement. The Customer may publicly state that it is a Traktor Customer and display Traktor's Trademark Resources in accordance with the Trademark Guidelines. Traktor may verbally state that the Customer is a Traktor Customer and mention the Customer's name or its Trademark Resources in a list of Traktor customers to be included in Traktor's promotional materials. All uses of any party's Branded Resources will inure to the benefit of the party that owns the Branded Resources.

Intellectual Property Rights in such Trademark Resources. Either party may revoke the right of the other party to use the first party's Trademark Resources upon written notice and a reasonable time to stop the use.

10. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS.

Representations and warranties. Each party represents that: a) it has full power and authority to enter into the Agreement; and b) it will comply with all applicable laws and regulations governing the provision or use of the Services, as
Resignations from liability waivers. Except as explicitly stated in the Agreement and to the extent permitted by applicable law, Traktor: a) will not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement or error-free or uninterrupted use of the Services; b) will not be responsible for the content or information that may be accessed through the Services. Unless otherwise stated in the Agreement, the Customer acknowledges that the Services cannot make or receive calls to emergency services; c) shall not be liable for any liability whether in contract, tort, employment, pension or otherwise to Customers or their Users; and d) shall not be liable for any damages arising out of any misuse of the Software by the Customer and/or its Users.

11. PERIOD OF VALIDITY AND RESOLUTION.

Contract Term. This Agreement shall remain in effect for the entire Term or until the termination measures set forth herein are implemented.
Renewal. At the end of each Order Term, the Services will not be automatically renewed. If the Customer wishes to contract the Services for a new period, he/she must access the platform and place the Order according to the terms that apply to the options in force through the Order Form.
Resolution for noncompliance. Either party may terminate this Agreement if the other party: a) materially breaches the Agreement and fails to cure the breach within 24 hours, without prejudice to the possibility of requesting reconsideration within 30 days of receipt of written notice; or b) ceases its business operations or becomes subject to insolvency proceedings and such proceedings are not dismissed within 90 days.
Effects of the resolution. If this Agreement is terminated or expires, then, as the case may be, all Forms of If the

Agreement is terminated or expires: a) all rights and access to the Services under the Agreement will be terminated (including access to Customer Data); and b) Traktor will send the Customer a final invoice.

Validity. The following Sections shall survive termination or expiration of this Agreement: 5 (Payments), 7 (Intellectual Property), 8 (Privacy), 4 (Effects of Termination), 12 (Liability), 13 (Other Provisions) and (Definitions).

12. RESPONSIBILITY.

Limited liability.

To the extent permitted by applicable law, Traktor shall have no Liability arising out of or in connection with the Contract for any: i) loss of income, profits, savings or goodwill; nor ii) indirect, special, incidental, consequential, incidental or consequential damages; iii) loss of profits, savings or goodwill.
The total Liability of each party for damages arising out of or in connection with the Contract is limited to the Amounts paid by the Customer under the Contract during the period of 12 months prior to the event giving rise to the
- Unlimited liabilities. Nothing in the Agreement excludes or limits the Customer's Liability for: a) death, personal injury or tangible property damage arising from its negligence or that of its employees or agents; b) fraud or fraudulent misrepresentation; c) breach of Intellectual Property Rights; d) its payment obligations under the Agreement; or e) matters where liability cannot be excluded or limited under applicable law.

13. OTHER PROVISIONS.

Notices. Traktor may notify notices to the Customer by: a) sending an email to the Email Address for Notifications; or b) posting a notice on the Administration Panel, or c) posting a notice on the Notifications Panel. The Customer may notify Traktor by sending an email to the address legal@traktor.com. The Customer will be considered Notified, when: i) the e-mail has been sent, even if the other party has not received it; or ii) the notice is published in the Administration Panel; or iii) the notice is published in the Notifications Panel. Customer is responsible for keeping its Email Address for Notifications up to date throughout the Notification Period.
E-mails. Under this Agreement, the parties may use e-mails to satisfy the requirements of approval and consent by

Assignment. Neither party may make an assignment of the Agreement without the written consent of the other party, except if the recipient is an Associated Entity, and provided that: a) the assignee has agreed in writing to be bound by the terms of the Agreement; b) the assigning party remains subject to the obligations set forth in the Agreement if the assignee breaches them; and c) the assigning party has given notice of the assignment to the other party. Any other attempted assignment shall be considered null and void.
Force majeure. Traktor shall not be liable for any failure or delay in the performance of its obligations to the extent that the circumstances giving rise to such failure or delay are beyond its control; for example, in the event of acts of God, natural disasters, terrorism, riots or war.
Subcontracting. Traktor may subcontract under the Contract, however, Traktor shall remain liable to the Customer for the obligations
No waiver. Failure or delay by either party to exercise or delay in exercising a right contained in the Contract shall not constitute a waiver of such right.
Independence of clauses. If any Section of the Contract (or any part thereof) is held to be invalid, illegal or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.
Lack of representation. The Agreement does not constitute any representation, commercial association or temporary association of
No third party beneficiaries. This Agreement does not confer any benefit to any third party unless expressly stated otherwise.
Legislation applicable and jurisdiction. All claims arising out of or relating to this Agreement or the Services shall be governed by the laws of the Republic of Chile. The parties agree to submit to the exclusive jurisdiction of those courts.
Addenda. Unless otherwise expressly stated in the Contract, all addenda must be in writing, clearly indicate that they modify the Contract, and be signed by both parties.
Independent development. In no event shall the provisions of this Agreement be construed to limit or restrict either party from independently developing, providing or acquiring any material, service, product, program or technology that is similar to the subject matter of the Agreement, provided that in doing so such party is not in breach of its obligations under this Agreement.
Full contract. This Agreement sets forth all the terms agreed between the parties and supersedes all prior or contemporaneous agreements between the parties relating to the subject matter hereof. By entering into the Agreement, both parties acknowledge that they have not relied on any statements, representations or warranties (whether made negligently or in bad faith) that are not expressly set forth in this Agreement, and that they shall have no rights or remedies hereunder. The Agreement includes URL links to other terms (including the URL Terms), which are incorporated by this reference into the Agreement.

Conflicting terms. If there is any conflict between the documents that make up this Agreement, the hierarchy of authority of the documents shall be as follows: the Order Form, the Agreement and the Terms of the

13.17. Headings. The headings and subheadings used in the Contract are for reference only and shall have no effect on the interpretation of the Contract.

Version: July 18, 2022.

Terms and Conditions