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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 similar. 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

The following terms shall have the meanings indicated below:

  • “Cookies” referto text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website.
  • “Account”refers to the Customer’s Agrak account credentials and the corresponding access to the Services specified in this
  • “Additional Products”refers to complementary services, products, and applications that are not part of the Core Services but can be used with them.
  • “Administrator Account”refers to 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”refers to the technical staff designated by the Customer to manage the services on its behalf. Administrators, also known as Administrator Users, may have access to Customer Data and User accounts.
  • “Affiliated Entity”refers to any entity under the direct or indirect control of one of the parties. Furthermore, any entity that directly or indirectly controls one of the parties shall also be considered an Affiliated Entity.
  • “Business Associate Agreement”refers to an addendum to the Agreement that governs the handling of protected health information (as defined by the HIPAA Act).
  • “Brand Assets”refers to the trade names and domain names, logos, trademarks, and other distinctive brand elements of each
  • “Control”refers to a party’s control of more than 50% of the voting rights or equity interests.
  • “Core Services”refers to Traktor’s Core Services as described in the Summary of
  • “Customer Data”refers to the information or data submitted, stored, sent, or received by the Customer in connection with this
  • “Domain Email Address”refers to the email address associated with the Domain Name that will be used in connection with the Services.
  • “Domain Name”refers to the domain specified in the Order Form and that will be used in connection with the
  • “Urgent Security Issue” refers to: a) the use of the Services by the Customer or End Users that violates the Terms and Conditions and 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) unauthorized access to the Services by a third party.
  • “End Users”refers to the individuals whom the Customer authorizes to use the Services and who are subject to the terms established by an Administrator of
  • “End-User Account”refers to the accounts hosted by Traktor that the Customer sets up through its Administrator so that End Users can use the Services.
  • “Export Control Laws”refers to all applicable export and re-export control laws and regulations, including the following: a) the Export Administration Regulations (“EAR”) of the U.S. Department of Commerce; b) the economic and trade sanctions of the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury; and c) the International Traffic in Arms Regulations (“ITAR”) of the U.S. Department of State.
  • “Amounts”refers to the amount resulting from multiplying the number of Services the Customer has used or ordered by the corresponding Prices, plus any applicable taxes.
  • “High-Risk Activities”refers to activities in which the use or failure of the Services could result in death, personal injury, or environmental damage; 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, taking into account any occasional amendments and published provisions
  • “Intellectual Property Rights”refers to all patent rights, copyrights, trade secret rights (if any), trademark rights, design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (whether registered or unregistered) throughout the
  • “Legal Proceedings”refers to any proceedings provided for by law or regulation. Furthermore, any court order or administrative decision shall be considered part of Legal Proceedings.
  • “Order Form”refers to the online order page(s) or any other order document that Traktor deems acceptable under this Agreement, issued and accepted by Traktor, specifying the Services that Traktor will provide to the Customer under the Agreement.
  • “Order Term”refers to the period beginning on the Service Start Date and continuing for the duration specified in the Order Form, unless the agreement is terminated early in accordance with this
  • “Other Services”refers to any additional or complementary services that Traktor offers or may
  • “Services” refersto the Primary Services and Other Services requested, as listed on the Order Form
  • “Major Downtime”refers to the implementation in the Core Services of a substantial interruption or a backward-incompatible change that prevents the Customer or End Users from using the Services.
  • “Suspension”refers to the disabling of access to the Services or their components, orto their use. When the suspension is of a considerable magnitude—either because it is prolonged or because it is considered a major deactivation—it shall be referred to as an “Interruption.” Likewise, suspension due to a breach of the Agreement may also be referred to interchangeably as an “Interruption.”
  • “Term”refers to the period beginning on the Effective Date and continuing for as long as an Order Form is in effect
  • “Usage Restrictions” refers to the restrictions set forth in Section 4.4 (Usage Restrictions) of the Agreement and to any additional restrictions on the use of the Services set forth in the Service-Specific Terms

1. GENERAL CONSIDERATIONS:

a) Responsibility for Account Access:

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

Failure to comply with any of the terms of use will entitle Traktor to suspend the provision of the Service, which will be communicated in writing to the User, who, in turn, may contact the site (*) to remedy the breach within 24 hours and may request reconsideration of the measure within a maximum of 30 calendar days from the date of the notice of service suspension.

b) Capacity to act as a representative:

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) Software Terms of Use:

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 the 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 understood to be notified from the reception of the indicated Email, 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 Features or Services. Traktor may occasionally offer new applications, features, or elements for the
  • Verification to Use the Services. The Customer must verify an email address to use the Services; it is the Customer’s responsibility to have an email address. Therefore, if the Customer does not have an email address, Traktor will be unable to fulfill its obligation to provide the Services to the
  • Service-SpecificTerms. The Service-Specific Terms are incorporated by reference into the
  • Technical Support Services.Traktor will provide technical support to the customer for the duration of the service, as detailed in the plans or products published on the website.

3. MODIFICATIONS:

3.1 Changes to the Services.

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

  1. Deactivation Policy. Traktor will notify the Customer at least 30 days in advance if it plans to carry out a Material Deactivation for reasons. The deactivation will not entitle the other party to terminate the contract without further liability.
  2. Other Modifications. As part of its policy of continuous improvement, Traktor may make changes to the Services for the benefit of Users, in order to improve the Product or for any other valid reason. If, as a result of such modifications, the customer does not express their intention to terminate the Contract within the first 30 days following the implementation of the modifications, it will be understood that the customer accepts them.

3.2 Changes to the URL Terms.

  1. Changes to the URL Terms. Traktor may, at its discretion, change the URL Terms, provided that it notifies its Customers of such changes.
  2. When the changes take effect. Material changes to the Terms of the URLs applicable to new Services or features will take effect once they have been notified to the

4. OBLIGATIONS OF THE CLIENT:

4.1 Compliance

The Customer: a) shall ensure that its use of the Services, including its use of and access to its own data, complies with the provisions of 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 measures 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.

4.2 Additional Products

Traktor will offer additional, optional products to

4.3. Service Management

  1. Administration Panel. Traktor will provide the Customer with access to the Administration Panel so that the Customer can manage the use of its Services. The Customer may use the Administration Panel to designate one or more Administrators, who will have the right to access the Customer’s Accounts. The Customer or User is responsible for: a) maintaining the confidentiality and security of the Accounts of all End Users associated with the same Customer, and their respective passwords; and b) all activity occurring through their account, including the activities of each End User associated with the same Customer, even in cases where the Customer has no knowledge of such activities. Furthermore, the Customer agrees that Traktor’s responsibilities do not include the administration or internal management of the Services it provides through the application.
  2. 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 the End-User’s access to the Services. They may also have the ability to: (i) manage the settings of End-User Accounts, including, but not limited to, the ability to change passwords and assign profiles; and (ii) remove or disable any Additional Service or Product or other services or products enabled or installed that use the End-User Account. The use of Additional Products or other services or products with End User accounts is the responsibility of the Customer.

4.4 Restrictions on Use

The Customer must not misuse the Services or the Software. For example, the Customer may not, nor may it allow anyone with access to its 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 in cases 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;

  1. 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;
  2. 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:

5.1 Usage and Billing

The Customer shall pay all taxes and/or fees applicable to the use of the Services. Traktor will invoice the Customer for all such fees. Traktor’s measurement tools will be used to determine the Customer’s use of the Services. The Customer must pay for the Services using the options displayed on the platform at the time of payment. Once payment has been made, the parties expressly agree that no refunds will be issued, regardless of the reason given for such a request.

5.2 Payment

All payments shall be made in U.S. dollars (USD) unless otherwise specified on the Order Form or invoice; if other currencies are used, the amount due will be calculated based on 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 payments, or does not renew the license, the service will be terminated without further responsibility on the part of Traktor.

5.3. Payment Status

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 Changes. Traktor may change the Prices at any time, without affecting customers who are already using the services
  • Refunds or Withoutprejudice to the provisions of Section 5.1, in the event of any refund or discount, such amounts may be paid in U.S. dollars or in local currency, at Traktor’s discretion.

6. SUSPENSION:

  • Limitations on Suspension of Services. Traktor may suspend the Services for the reasons and under the terms set forth in Sections 7.2 (Breach of the Terms and Conditions), 3 (Emergency Suspension), and 7.4 (Suspension for Maintenance), as well as in cases of force majeure. Any suspension pursuant to the provisions of those sections shall be of the minimum duration and scope necessary.
  • Breach of the Terms and Conditions. If Traktor becomes aware that the Customer’s or any of its Users’ use of the Services violates any provision set forth in this agreement, it will request that the Customer remedy the breach. Traktor may suspend the Services if the Customer fails to remedy such breach within 24 hours of that request. If the breach is not remedied, Traktor shall be entitled to interrupt or terminate the Service. The Customer shall have 30 calendar days from the suspension or interruption of the service to request reconsideration of the measure.
  • Emergency Suspension. Traktor may immediately suspend your use of the Services if: a) there is an Urgent Security Issue, or b) Traktor is required to suspend such use to comply with an order from an authority or an applicable regulatory change.

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 use of the Services to perform maintenance for a reasonable period of time necessary to complete this task, which in no case may exceed 15 days. The user will be duly notified of this

7. INTELLECTUAL PROPERTY:

  • Intellectual Property Rights. This Agreement does not grant either party any rights, whether implied or otherwise, to the other party’s content or intellectual property. As agreed, the Customer retains all intellectual property rights in the Customer Data, and Traktor retains all intellectual property rights in the Services.
  • Traktor Intellectual Property is the sole owner of all rights, titles, and interests in the Services and the Software, and as such, does not grant the Customer any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the elements of the Services or the Software.
  • Technological Security Measures. TheCustomer acknowledges that the Software Service includes security technology and that, regardless of whether this Product is subject to security technology restrictions, the Customer will use it in accordance with the applicable rules of use established by Traktor, and that any other use of the Product that contravenes these rules may constitute a violation of the rights associated with any security technology that is an inseparable part of the Product; Traktor reserves the right to modify the usage rules at any time. The Customer agrees not to violate, circumvent, reverse engineer, decode, disassemble, or in any way alter any related security technology, nor to attempt or assist any person in doing so.
  • Brand Assets. Traktor will display only those Brand Assets of the Client that the Client authorizes Traktor to display upon uploading them to the Services, and will do so within the designated areas of the web pages. Traktor may display Brand Assets on web pages to indicate that it provides the Services.
  • Feedback. The Customer may provide feedback on the Services to Traktor. Upon submitting such feedback, the Customer assigns all rights, title, and interest in and to it 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 in accordance with the provisions of 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 Cookie Policy.

8.2 Purpose of the Privacy Policy

This policy pertains to the care and protection of the Customer’s personal data. It informs the Customer about the types of data collected, Traktor’s reasons for collecting them, and the Customer’s options for updating, managing, exporting, and deleting such data, with the aim of providing the best and most personalized experience.

8.3 Client Authorization

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

8.4 Method of Data Collection, Processing, and Data Types

For the purposes of this Privacy Policy, the term “Personal Information” includes both Device Information and XXXXXXXX Information.

  • DirectCollection: Data is collected directly from the data subject through registration on Agrak’s website or mobile app, with the data subject providing all the information required by law. However, by accepting this Policy, the Customer consents to Traktor obtaining their authorization through any means that may be subject to subsequent review, such as pop-ups or banners on its website or app, online or physical forms, data messages, or
  • Device Information: When you visit the Agrak website or access the Agrak mobile app, Traktor will automatically collect certain personal information from you regarding your device, including information about your web browser, IP address, time zone, and some of the cookies installed on your device. Additionally, as you browse the Site, information will be collected about the individual web pages or products you view, the web pages or search terms that referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”
  • Order Information: When a Customer makes a purchase or attempts to make a purchase through Agrak’s website or mobile app, Traktor will collect certain information, including the Customer’s name, billing address, shipping address, payment method information, email address, and phone number. Traktor will refer to this information as “Order Information.”

8.5 Information Collection Technologies

Traktor will collect information from devices using the following technologies:

  • Cookies: Cookies are small text files containing a unique identifier that are stored on the computer or mobile device used to access the website or mobile app, so that these devices can be recognized each time someone uses these sites or mobile apps. In our Cookie Policy, the Customer can review the list of cookies used and choose whether or not to disable them.
  • Log Files: These are files that track the 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, and Pixels: These are electronic files used to record information about how the Customer navigates the

8.6 Use of Data and Purpose

The data provided by the Customer 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 address your inquiries to the best of our ability, and,
  • Develop initiatives, informational campaigns, and marketing campaigns that highlight products and new offerings.

The communication of such data is mandatory in order to execute the services that have been offered and a possible refusal of communication on your part will result in the impossibility of fulfilling the agreed services.

8.7 Use of Information.

  • Information collected from your device: Traktorwill use the information it collects from your device to detect potential risks and fraud (in particular, your IP address) and, in general, to improve and optimize its website (for example, by generating reports and statistics on how customers navigate and interact with the website, as well as to evaluate the success of our advertising and marketing campaigns).
  • Information Collected from Orders:Traktor will use the order information it collects primarily to fulfill orders placed through the website or mobile app (including processing payment information, arranging shipments, and providing invoices and/or order confirmations). In addition, Traktor will use this information to communicate with the Customer; to review orders for fraud or potential risks; and to provide information and/or advertising related to products or services.
  • Advertisements: Traktor will use the Customer’s Personal Information to provide the Customer with targeted advertisements or marketing communications that may be of interest to them. For more information on how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational page athttp://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.You can opt out of targetedadvertisingon the website at… XXXXXXXXX
  • 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 the other party's Confidential Information 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 use obligations.

8.9 Recipients to Whom Customer Data May Be Disclosed

Traktor will not disclose the data of its Customers and Users to third parties, except when it is necessary and essential for the provision of the requested services, or when there is a legal obligation to respond to a request or order from a legal, judicial, or administrative authority for information 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.

  • Retention Period for Personal Data. Personal data and any recordings of telephone calls will be retained for as long as deemed necessary to fulfill the requested service or to manage subsequent administrative activities. Traktor undertakes to treat the personal data provided as confidential and to return it to the data subject or destroy it once the relationship has ended. Traktor may delete the Customer’s information upon termination of this contract; however, it may retain the Customer’s information in its records in order to restore functionality once the Customer decides to continue using the software.
  • CustomerRightsandWithdrawalof Consent. TheCustomer has the right to request, at any time, access to their data, as well as the rectification, erasure, or portability of such data. The Customer also has the right to request the restriction of processing or to object to it. Furthermore, the Customer may revoke any consent provided at any time by sending a written notice toprivacy@traktor.com,along with proof of identity. Similarly, the Customer may at any time 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 where Traktor stores and processes its own information. By using the Services, the Customer consents to the transfer, processing, and storage of their data. Traktor does not alter its data collection and use practices on its Site when it recognizes “Do Not Track” signals from the Customer’s browser.
  • Service Restriction: This service is not intended for persons under the age of 18.
  • Term of the Privacy Policy.This Privacy Policy shall remain in effect indefinitely; however, Traktor may modify the information contained herein in the future. In the event of any changes, Traktor will notify the Customer through various channels, such as a banner, a pop-up, or a push notification. If the change in question is significant, it will be communicated to the Customer’s email address so that the Customer may review the changes, evaluate them, and even object by revoking their consent to the processing of their Personal Data. The Customer agrees that, once Traktor has sent the notification to the most recent email address provided by the Customer, the Customer is deemed to have been notified of such modification for all purposes arising from this policy. Accordingly, it is the Customer’s obligation to keep the email addresses at which they wish to receive the aforementioned notifications permanently up to date.
  • Update. Traktor notes that the most recent versions of its Privacy Policies will always be published on its website,traktor.cl.
  • Information.For more information about our privacy practices, or if you have any questions or complaints, please contact us by email atlegal@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 laws and regulations applicable to the provision or use of the Services, in accordance with
  • Disclaimers. Unless explicitly specified in the Agreement and to the extent permitted by applicable law, Traktor: a) makes no other warranties 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) shall not be liable for the content or information accessible 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 obligation, whether contractual or extracontractual, labor-related, social security-related, or of any other kind, affecting the Customers or their Users; and d) shall not be liable for any damages arising from misuse of the Software by the Customer and/or its Users.

11. TERM AND TERMINATION

  • Term of the Agreement. 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 subscribe to the services for a new term, they must log in to the platform and place an Order in accordance with the terms applicable to the current options via the Form
  • Termination for Breach. Either party may terminate this Agreement if the other party: (a) materially breaches the Agreement and fails to remedy the breach within 24 hours, without prejudice to the right to request reconsideration within 30 days of receiving 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 Termination. If this Agreement is terminated or expires, all Forms shall also be terminated or expire, as applicable. If the Agreement is terminated or expires: (a) all rights and access to the Services under the Agreement shall be terminated (including access to Customer Data); and (b) Traktor shall send the Customer a final invoice.
  • Survival. The following Sections shall survive the termination or expiration of this Agreement: 5 (Payments), 7 (Intellectual Property), 8 (Privacy), 4 (Effects of Termination), 12 (Liability), 13 (Miscellaneous), and (Definitions).

12. LIABILITY

12.1 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; or ii) indirect, special, incidental, consequential or incidental damages; or iii) loss of profits, savings or goodwill; or iv) indirect, special, incidental, consequential or incidental damages.
  • 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 12-month period prior to the event giving rise to the

12.2 Unlimited Liability

No provision of the Contract excludes or limits the Customer’s Liability for: a) death, personal injury, or tangible property damage resulting from its negligence or that of its employees or agents; b) fraud or fraudulent misrepresentation; c) infringement of Intellectual Property Rights; d) its payment obligations under the Agreement; or e) matters for which liability cannot be excluded or limited under applicable law.

13. OTHER PROVISIONS

13.1 Notices

Traktor may send notices to the Customer: a) by sending an email to the Email Address for Notifications; or b) by posting a notice on the Administration Panel; or c) by posting a notice on the Notifications Panel. The Customer may send notices to Traktor by sending an email tolegal@traktor.com. The Customer shall be deemed to have been notified when: i) the email has been sent, even if the other party has not received it; or ii) the notice is posted on the Administration Panel; or iii) the notice is posted on the Notifications Panel. The Customer is responsible for keeping their Notification Email Address up to date throughout the Term of

13.2 Emails

Under this Agreement, the parties may use email to fulfill the approval and consent requirements for XXXXXXXXX

13.3 Assignment

Neither party may assign the Contract without the other party’s written consent, unless the assignee is an Affiliated Entity, and provided that: a) the assignee has agreed in writing to be bound by the terms of the Contract; b) the assigning party remains bound by the obligations set forth in the Contract in the event the assignee breaches them; and c) the assigning party has notified the other party of the assignment. Any other attempt at assignment shall be deemed null and void

13.4 Force Majeure

Traktor shall not be liable for any failure to perform or any delay in performing 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 unforeseeable events, natural disasters, terrorism, civil unrest, or wars.

13.5 Subcontracting

Traktor may subcontract under the Agreement; however, it will remain liable to the Client for its obligations

13.6 No Waiver

The failure of either party to exercise a right set forth in the Contract, or any delay in doing so, shall not constitute a waiver of such right.

13.7 Severability of Provisions

Even if any section of the Agreement (or part thereof) is deemed invalid, illegal, or unenforceable, the remaining provisions of the Agreement shall remain in full

13.8 Lack of Representation

This Agreement does not constitute any representation, business partnership, or temporary association of XXXXXXXXX

13.9 Absence of Third-Party Beneficiaries

This Agreement does not confer any benefit on any third party unless expressly stated otherwise XXXXXXXXX

13.10 Applicable Law 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.

13.11 Addenda

Unless otherwise expressly stated in the Contract, any amendment must be in writing, clearly indicate that it modifies the Contract, and be signed by both parties.

13.12 Independent Development

Under no circumstances shall the provisions of this Agreement be construed as limiting or restricting 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 does not breach the obligations set forth in the

13.13 Full Contract

This Agreement sets forth all the terms agreed upon by the parties and supersedes all prior or contemporaneous agreements between the parties relating to the subject matter hereof. By entering into this Agreement, both parties acknowledge that they have not relied on any statements, representations, or warranties (whether made negligently or without bad faith) that are not expressly set forth in this Agreement, and that they shall have no rights or remedies arising therefrom. This Agreement includes URL links to other terms (including the URL Terms), which are incorporated by reference into this Agreement.

13.14 Conflicting Terms

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

1:15 p.m. Headings

The headings and subheadings used in this Agreement are for reference purposes only and shall have no effect on the interpretation of this Agreement.