Terms of Service

Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation

Words with initial capital letters have defined meanings under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate: means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Country: refers to Chile.

Company: (referred to as either "the Company," "We," or "Our" in this Agreement): refers to MIA-PLATFORM, domiciled at Badajoz No. 100, Office 1014, Las Condes.

Device: means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

Service: refers to the website and applications of MIA-PLATFORM, including a variety of related features, products, and services (collectively, the "Services").

Terms and Conditions: (also referred to as "Terms") mean these Terms and Conditions that form the complete agreement between you and the Company regarding the use of the Service. This agreement of Terms and Conditions has been created with the help of the Terms and Conditions Generator.

Third-Party Social Media Service: means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

The Site: refers to the MIA-PLATFORM website, accessible from [URL of the Site].

You: means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Introduction

MIA-PLATFORM and its affiliates (collectively, "MIA-PLATFORM") maintain the MIA-PLATFORM website and applications that display or link to these Terms of Service (collectively, this "Site") and facilitate the use of artificial intelligence to solve marketing problems (collectively, the "Services").

The terms and conditions set forth below ("Terms"), together with any additional terms set forth in an order form or an agreement ("Order") referencing these Terms (collectively, this "Agreement"), govern your access and use of this Site and your purchase and use of the MIA-PLATFORM products and services you have ordered. By visiting this Site or purchasing our Services, whether by registering online, ordering through a third party, or executing an Order, you agree to the terms of this Agreement unless you have executed a different master subscription agreement for the Services referenced in the Order, in which case that written master subscription agreement shall prevail. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "Customer," "you," or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not use the Services.

You may review the most current version of these Terms at any time on this page. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.

Services

As part of the Services, we provide you with access to a variety of resources, including documentation and other product information about the Services, download areas, and other web services, software, including development tools and sample code, training courses, and other learning materials, and application program interfaces ("APIs"). Your access and use of the Services, including updates, enhancements, and new features that we may provide, are subject to these Terms unless we have provided you with certain products or services under more specific terms, in which case those more specific terms will apply.

Software

Unless you have a valid agreement with MIA-PLATFORM allowing you to do so, you may not copy, reproduce, resell, sublicense, or redistribute any software made available to you. For your convenience, we may make available various tools and utilities for you to download and use as part of the Services.

Some of the tools and utilities provided as part of the Services or available for download use artificial intelligence and machine learning (collectively, "AI") to enable you, your employees and agents, or your customers and other end users to submit texts and other materials (a "Message") and receive AI-generated results ("Output") through various interfaces, including APIs, chatbots, and web portals (collectively, the "GenAI Services"). Some of the GenAI Services may be integrated into your application or software environments through interfaces that allow users to submit Messages and receive Output. We are constantly working to improve the AI capabilities of our Services to make them more accurate, reliable, secure, and beneficial.

Given the probabilistic nature of AI, using the GenAI Services may generate incorrect results that do not accurately reflect real people, places, or facts. The GenAI Services can generate responses by reading a user's request and then predicting the next most likely words that could appear in response. In some cases, the next most likely words may not be the most factually accurate. For these reasons, you should not rely on the factual accuracy of the GenAI Services' results. You should evaluate the accuracy of any Output as appropriate for your use case, including by human review of the Output. Where human review is not possible or practical, you are responsible for providing adequate notice to your users, including end users accessing the AI through your platform, sufficient to understand the limitations of any AI feature being used, including, but not limited to, that users should not rely on the Output without independently verifying its accuracy and that users may be exposed to content that could be considered offensive, inappropriate, or factually incorrect. You are solely responsible for the actions you take using the GenAI Services, including ensuring that your use of the Output does not violate any applicable laws or these Terms. You agree to use the GenAI Services at your own risk.

We make no warranties regarding the accuracy of the results or outputs derived from such use of such tools and utilities.

Documentation

Unless otherwise stated in the terms accompanying any documentation made available to you as part of the Services, you may annotate, translate, and make a reasonable number of copies of such documentation for your internal use in designing, developing, and testing your software, products, and services, and may distribute a reasonable number of parts of the documentation as necessary to document your software, products, and services. You may not publish other annotations or translations. You must retain the copyright notice on all copies of the documentation and ensure that both the copyright notice and the notices of proprietary rights appear on those copies. The documentation and related graphics published on this website may be subject to change without notice.

Modifications to the Services

You acknowledge that MIA-PLATFORM may modify the features and functionality of the Services during the subscription period. We reserve the right to modify our Sites at any time, with or without notice. For example, we may add or remove functionalities or features, and we may suspend or stop a particular feature. We also reserve the right to charge a fee for any of our features at any time. If you do not like any changes, you can stop using our Sites or Services at any time. If you use any of the features, functionalities, channels, Sites, or Services, you agree to be charged and pay for that service.

MIA-PLATFORM will provide notice of any obsolescence of any significant feature or functionality with commercially reasonable advance notice.

Content

3.1. Generation and Publication of Content

The Services allow Customers to generate, publish, or upload information, links, photos, videos, and other materials (hereinafter "Content") and share them with third parties.

Customers agree not to create, upload, or publish Content that:

3.2. Ownership and Permissions over Content

Customers retain ownership of their Content but grant MIA-PLATFORM the right to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, display, and distribute such Content in connection with the provision of the Services or as necessary to conform to network, device, service, or media requirements.

3.3. Disclaimer

MIA-PLATFORM is not responsible for the copying, retransmission, or disclosure of the Content made by any User or third party. Customers acknowledge and agree that publishing Content through the Services does not exempt the need to register them with the appropriate copyright authorities.

3.4. Rights and Responsibilities of MIA-PLATFORM

MIA-PLATFORM reserves the right to refuse and/or remove any Content that it deems violates these terms. Additionally, it may access, read, retain, and disclose any information if necessary to:

Use of Content

The responsibility for the Content created, uploaded, or published using the Services lies solely with the Customers who generate it. MIA-PLATFORM does not guarantee the completeness, truthfulness, accuracy, or reliability of this Content, nor does it endorse any opinion expressed through it. We do not monitor or control the Content, and therefore, we are not responsible for it or any loss or damage it may cause.

Consequently, Customers who use or rely on any Content generated through our Services do so at their own risk. Customers agree to be solely responsible for using the Services and the Content provided, including any possible consequences arising from its use by other users or third parties. Customers warrant that they have the necessary rights to disclose any Content transmitted through the Services.

Restrictions

The Services, including this website, the MIA-PLATFORM platform, and related technology, software, documentation, APIs, training materials, and other MIA-PLATFORM content, are protected by applicable national and international copyright, trademark, patent, and/or trade secret laws, and other intellectual property and proprietary rights laws. MIA-PLATFORM reserves all rights not expressly granted under these Terms, and no other rights are granted by implication, estoppel, or otherwise. You may only use the Platform and the Services as permitted by law, including all applicable international and local laws and regulations. We reserve the right to investigate violations of these Terms and may consult and cooperate with law enforcement authorities to prosecute users who violate the law.

You may not use the Platform or the Services for any purpose that is illegal or prohibited by these Terms. You may not use the Platform or the Services in any way that could damage, disable, overburden, or impair any MIA-PLATFORM Platform or Services, or interfere with any third party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to the Platform or the Services or other accounts, computer systems, or networks and applications through hacking, password extraction, or any other means.

Examples of prohibited activities include, but are not limited to:

Use of Communication Services

Some of the Services may contain audience managers for direct marketing, chat areas, user groups, calendars, and push notifications or other messaging or communication services designed to allow you to communicate with others (hereinafter "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are appropriate and, when applicable, related to the particular Communication Service. By using the Communication Services, you will not:

MIA-PLATFORM has no obligation to monitor the Communication Services. However, we reserve the right to review materials submitted or posted through the Communication Services and to remove them at our sole discretion. Additionally, we reserve the right to terminate your access to any or all Communication Services at any time without notice in the event of a violation of the above. We reserve the right at all times to disclose any information as necessary to comply with any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. Always be careful when providing any personally identifiable information in the Communication Services. MIA-PLATFORM does not control or endorse the content, messages, or information found in the Communication Services, and specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in the Communication Services. Materials uploaded or posted to the Communication Services may be subject to limitations on use, reproduction, or dissemination. You are responsible for adhering to such limitations if you download such materials.

Violation of Terms of Service

We reserve the right to terminate your user account or suspend the use of or access to the Services if it is found that you violate these Terms. Additionally, we reserve the right to seek all legal and equitable remedies against you for such violations.

Service Activation

5.1. Technical Requirements and Specifications

The Customer agrees to comply with the technical requirements and specifications of the Service, as well as any other requirements and specifications that MIA-PLATFORM may indicate in writing periodically. This includes, for example, specifications related to the provision and improvement of other services that the Customer may be interested in receiving. These technical specifications may include the following operations:

Customer Account

6.1. Account Creation and Management

At the time of creating your account (hereinafter "Account"), the Customer must provide accurate information to MIA-PLATFORM. The Account allows Customers to access the Services, features, and functionalities of the Platforms that MIA-PLATFORM may modify from time to time at its sole discretion, provided that such modifications do not alter the essence of the Services. MIA-PLATFORM may offer different types of accounts for different types of Customers. If Users connect to the Platforms through a third-party service, they authorize MIA-PLATFORM to access and use their information through that service and to store the Users' authentication data on that service.

6.2. Responsibilities of Administrators

The Administrators of an Account are considered, jointly and severally, the authorized representatives of the Customer, and any decision or action taken by any administrator is considered a decision or action of the Customer. An Administrator can assign or add other Account members as Administrators who have significant privileges and controls over the use of the Service and the Account, including, but not limited to:

The Customer acknowledges that their Account may be managed by a representative of the entity that owns or controls the email domain with which their Account was created or registered.

The Customer is solely responsible for understanding the configuration, privileges, and controls of the Service and for controlling who is allowed to become an administrator and what settings and privileges they have. They are responsible for the activities of all Administrators, including transactions made through them, and the use of their Data, even if those Users do not belong to the Customer's organization or domain or when third parties are given access through an API, token, or similar platforms or systems. Additionally, the Customer acknowledges that MIA-PLATFORM considers any action taken by a User on the Customer's Account as an authorized action by the Customer, and the Customer cannot make any claims in this regard and is solely responsible.

6.3. Customer Responsibility

The Customer is solely and exclusively responsible for all activities performed on their account. They may not assign or transfer any of their rights or delegate any of their obligations under the use of the Service without the express prior written consent of MIA-PLATFORM. Any unauthorized use of their account or any of the services or any other security breach must be immediately reported to MIA-PLATFORM.

Payments

8.1. Payment Condition

For MIA-PLATFORM to be obligated to provide the Services to Customers, it is an essential condition that the service be paid for in the due manner and time according to the subscription of the Services online, the agreement, the contract, or the Service Order, as applicable, based on the category of the customer and the method of contracting. In case of non-compliance with this condition by the Customer, MIA-PLATFORM will have the right to cancel the Service and demand monetary compensation.

8.2. Payment and Billing Information

All information provided by the Customer in connection with a purchase, transaction, or other interaction involving a monetary transaction with the Service must be accurate, complete, and current. Customers agree that with respect to the use of the Service or any additional feature or functionality not provided in the initial subscription or contract, the Service's fees and charges will be billed automatically on a monthly basis unless otherwise agreed. The Customer agrees to pay all charges incurred for using the Service by bank transfer or credit card according to the plan used, including current taxes or those subsequently applied or required to be collected by MIA-PLATFORM or any authority in connection with the Service and/or this Contract, excluding taxes based on MIA-PLATFORM's net income.

8.3. Discounts and Promotions

Unless expressly stated otherwise in a separate binding legal agreement, if the Customer received a special discount or other promotional offer, the Customer acknowledges that upon renewing their Subscription, MIA-PLATFORM will renew such Subscription at the full applicable subscription rate at the time of renewal.

8.4. Payment through Partners

If the Customer acquired a Service through a Partner acting as an authorized reseller or distributor of MIA-PLATFORM (hereinafter "Reseller"), in case of any conflict between these Terms and the contract entered into between the Customer and the respective Reseller, including any purchase order (hereinafter "Partner Agreement"), these Terms shall prevail. Any rights granted to the Customer and/or any other Users in such Partner Agreement that are not included in these Terms apply only in relation to the Partner. In such a case, the Customer must request that such rights be compensated, fulfilled, and enforced only to the Reseller and not to MIA-PLATFORM. For clarity, the Customer's and their Users' access to the Service is subject to our receipt of the applicable subscription fees from the Partner that the Customer paid to the Partner. The Customer acknowledges that at any time and at our discretion, we may assign the billing of the subscription fees so that they must pay the respective subscription fees directly to us.

Term and Termination

9.1. Cancellation and Modification of the Service

9.1. Cancellation and Modification of the Service

MIA-PLATFORM reserves the right to cancel or modify your access and use of this website and the Services at our sole discretion at any time and without prior notice in the event of a violation of these Terms. Similarly, you may cancel your account at any time, although we will regret your departure.

If we suspend or cancel your user account or use of the Services due to inactivity or at your request to cancel your account, we will notify you in advance and assist you in recovering your data.

We reserve the right to suspend your account with immediate effect if we discover that you have violated these Terms, if you are suspected of illegal activity, or in compliance with requests from law enforcement or other government agencies. You can object to such suspensions by contacting us at contact@mia-platform.cl within 30 days of the suspension notice.

9.2. Termination by Either Party

Either Party may terminate this Agreement by written notice to the other Party:

(i) Immediately in the event of a material breach or failure by the other Party to comply with any term of this Agreement (including any Order) that cannot be remedied; (ii) Within 30 days of receipt of such written notice in the event of a material breach or failure by the other Party to comply with any term of this Agreement (including any Order) that can be remedied, and the breaching Party does not do so within a period of 30 days; (iii) If the other Party: (a) Declares insolvency; (b) Is subject to a bankruptcy petition filed by or against it that is not dismissed within 30 days of the filing of such petition; (c) Is under the control of a trustee, liquidator, or creditors' committee; or (d) Dissolves, ceases to operate as a going concern, or ceases to conduct its business in the ordinary course.

9.3. Effects of Termination

Upon expiration or early termination of the Agreement:

(i) The Customer must immediately cease using and accessing the Platform and the Services; (ii) The Customer will be responsible for paying in full the Service Charges (including third-party fees) up to and including the last day the Services are provided and for any work in progress for which instructions have been provided by the Customer. Additionally, if the Customer terminates this Agreement without justified cause, the Customer will remain responsible for paying the Service Charges for the remainder of the Subscription Term. For clarity, prepaid Service Charges are not subject to any refund or adjustment.

10. Intellectual Property

We respect the intellectual property rights of others and expect you to do the same. If you find any case of infringement of any intellectual property, whether yours, MIA-PLATFORM's, or a third party's, we ask that you notify us at legal@mia-platform.cl. We will take appropriate action, including canceling the user account of the infringer and notifying the relevant authorities of such violations in accordance with applicable law.

11. Privacy and Security

11.1. Privacy Policy

As part of accessing or using the Service and the Sites, we may collect, access, use, and share certain personal data (as defined in the Privacy Policy) of or about you. We recommend that you read our Privacy Policy, which is included in this document by reference, to obtain a description of such data collection and use practices.

11.2. Anonymous Information

Notwithstanding any other provision of these Terms, we may collect, use, and publish Anonymous Information related to your use of the Service and/or the Sites and disclose it to provide, improve, and advertise our products and services, including the Sites and the Service, as well as for other business purposes. "Anonymous Information" refers to information that does not allow the identification of a person, such as aggregated and analytical information. MIA-PLATFORM owns all Anonymous Information collected and obtained through http://mia-platform.cl.

11.3. Use of Data in Newsletters and Websites

The Customer acknowledges and agrees that such information may include codes and tags in their email newsletters and websites. The data that MIA-PLATFORM receives through such tags will be used for the provision of the Services and/or to provide and improve any other MIA-PLATFORM product or service that the Customer may be interested in receiving from time to time. MIA-PLATFORM will collect and use such data as described in the cookie policy.

11.4. Customer Obligations

The Customer will make every effort to include on their website:

(i) A privacy policy that includes a link to MIA-PLATFORM's Privacy Policy and, where legally required, (ii) Appropriate notification and choice mechanisms that comply with relevant laws and regulations.

11.5. Notification and Consent

MIA-PLATFORM cares about its users' privacy. When legally required, notices must prominently inform Users:

(i) That by continuing to browse the Customer's website, they accept the use of cookies (or other tracking technologies) for the service's purposes; (ii) Allowing Users to obtain more information and opt-out of the Service; (iii) Giving their consent to the collection, transfer, use, and processing of personally identifiable information and non-personally identifiable information as described in its Privacy Policy.

12. Trial and Pre-Launch Services

12.1. Trial Services

From time to time, we may offer part or all of our Services in a free and non-binding trial version, plan, or program (hereinafter "Trial Service"). The duration and/or scope of the Trial Service will be communicated to you in a service order, through the Service, or on the MIA-PLATFORM website, unless terminated earlier by either the Customer or MIA-PLATFORM for any reason or no reason at all. We reserve the right to modify, cancel, and/or limit this Trial Service at any time without any obligation to you or giving any explanation. Regarding a Trial Service that is a trial version of the Subscription Plan or sessions, upon the end of the Trial, we may change the subscription plan, fees, and charges at any time without prior written notice.

12.2. Pre-Launch Services

We may also periodically offer certain Services in Alpha or Beta versions (hereinafter "Pre-Launch Services") and make every effort to identify such services as such. Pre-Launch Services are Services that are still in development and as such may not be operational or complete and may contain errors, suffer interruptions, and/or not function as intended and designed more than usual.

12.3. Terms Governing the Trial Service and Pre-Launch Services

The Trial Service and Pre-Launch Services are governed by these Terms, provided that despite any provision in these Terms or any other document to the contrary regarding the Trial Service and Pre-Launch Services:

(i) Such services are authorized under this document "as is," "with all defects," "as available," without express or implied warranties of any kind; (ii) Our indemnification commitment set forth in Section 14 of this document will not apply; (iii) IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MIA-PLATFORM, ITS AFFILIATES, OR ITS THIRD-PARTY SERVICE PROVIDERS UNDER THESE TERMS OR IN CONNECTION WITH THEM (INCLUDING THE SITES, THE SERVICE, AND THIRD-PARTY SERVICES) EXCEED THE AMOUNT YOU ACTUALLY PAID US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRIOR TO THE CLAIM.

We make no commitment that any Trial Service and/or Pre-Launch Services will be available to you and/or will be available in general.

13. Links and Third-Party Sites and Components

13.1. Links to Third-Party Sites and Services

The Services may contain links or use third-party websites and services, including, but not limited to, links to third-party websites hosting the Customer, advertisers, services, channels, special offers, or other events or activities that are not owned or controlled by MIA-PLATFORM, whether such links are suggested by MIA-PLATFORM or added by the Customer. The Service allows you to contract and obtain certain services, products, applications, and tools from third parties in connection with the Service, including, but not limited to, third-party applications and widgets offered through our integration offering or that you decide to connect through our API as part of the Service (collectively "Third-Party Services").

13.2. Use of Third-Party Websites

If the Customer and/or Users access third-party websites using the Services, the Customer and/or User do so at their own risk and understand that these Terms and conditions and our Privacy Policy do not apply to the use of such sites.

13.3. Independent Relationship

You acknowledge and agree that regardless of how such Third-Party Services are offered to you, we merely act as an intermediary platform between you and such services and do not endorse such services in any way, nor will we be responsible in any way with respect to such services. Your relationship with such Third-Party Services and the terms governing the corresponding payment and use, including, but not limited to, the collection, processing, and use of your data by such Third-Party Services, are subject to a separate contractual agreement or the terms and conditions between you and the provider of a Third-Party Service (the "Third-Party Agreement"). We do not take part nor are we responsible in any way for the compliance by you or the provider of the Third-Party Service with the obligation and/or Third-Party Agreement.

13.4. Integration with a Third-Party Service and Your Customer Data

Through the Service, you and any other authorized User within the Account can enable integrations of your Account, including dashboards within your Account (or a part of it) with Third-Party Services. Such integrations will allow the exchange, transmission, modification, or deletion of data between us and the Third-Party Service, including, but not limited to, Customer Data, the scope of which is determined by the applicable actions set by such integrations. You hereby acknowledge that any access, collection, transmission, processing, storage, or any other use of data, including Customer Data, by a Third-Party Service is governed by the Third-Party Agreement, including any applicable privacy policy. You also acknowledge that MIA-PLATFORM is not responsible for any access, collection, transmission, processing, storage, or any other use of data, including Customer Data, by the Third-Party Service, nor for the actions, omissions, or general privacy and security practices of such Third-Party Service. By integrating and/or using the Third-Party Services, you acknowledge and agree that:

(a) You are solely responsible for compliance with applicable privacy laws, regulations, and restrictions, including the use of the Third-Party Service and other data processing activities you may carry out or allow third parties to carry out, including the Third-Party Service; (b) The activities and use of data by you and any other User within the Account may result in the modification and/or deletion of data, either in the Account (i.e., Customer Data) and in the integrated Third-Party Service. We will have no obligation of any kind for such modification and/or deletion of data, whether in our Account and/or in the integrated Third-Party Service.

13.5. Payment for Third-Party Services

Third-Party Services may be offered for free or for a certain fee, whether charged directly by the Third-Party Service or MIA-PLATFORM. Whenever the Third-Party Service requests payment, it must be indicated next to the offer of the Third-Party Service unless such price is included in the Service Subscription Plan. Whenever MIA-PLATFORM charges the Customer on behalf of the Third-Party Services, the Customer acknowledges that MIA-PLATFORM's sole function is to act as an intermediary to facilitate or collect applicable fees and taxes from the Customer of the Third-Party Service. Therefore, all matters related to payment, including payment of fees, renewal, and refund policy, are governed by the Third-Party Agreement or the third party's Terms and conditions.

13.6. Change of Fees

The Customer acknowledges that MIA-PLATFORM and any Third-Party Service may change the fees for the Third-Party Service from time to time, which may include imposing a new charge on a Third-Party Service that was provided for free.

13.7. Discontinuation of a Third-Party Service

Both MIA-PLATFORM and the Third-Party Service reserve the right to discontinue the use or suspend the availability of any Third-Party Service for any reason and without the obligation to give any explanation or notice. Such service discontinuation may result in certain features and actions of the Third-Party Service being unavailable in conjunction with our Service.

13.8. Limitation of Liability

MIA-PLATFORM ASSUMES NO RESPONSIBILITY FOR LINKS OR THIRD-PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OR INTEROPERABILITY OF SUCH THIRD-PARTY SERVICES WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES, AND THE QUALITY OF THEIR OFFERINGS, AS WELL AS ANY ACT OR OMISSION BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD-PARTY SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED, AS WELL AS FOR ENSURING THAT THE OPERATION AND PRACTICES OF SUCH THIRD-PARTY SERVICES AND THEIR RESPECTIVE THIRD-PARTY AGREEMENT MEET YOUR NEEDS.

13.9. Third-Party Components as Part of Our Service

Our Service may include third-party codes and libraries that are subject to third-party open-source software licensing terms (the “Open Source” and the “Open Source Software Terms,” respectively). Some of these Open Source Software Terms determine that, to the extent applicable to the respective Open Source with a license, such terms prevail over any conflicting licensing term, including these Terms. We strive, to the best of our abilities, to identify such Open Source within our Service, and we encourage the Customer to become familiar with such Open Source Software Terms. Please note that we strive to use only Open Source that does not impose any obligation or affect Customer Data or related intellectual property (other than as indicated in the Open Source Software Terms and herein) in an ordinary use of our Service that does not involve any modification, distribution, or independent use of such Open Source. Notwithstanding any contrary provision, we make no warranties or indemnification with respect to Open Source.

14. Indemnity

14.1. Indemnity

The Customer agrees to indemnify and hold harmless MIA-PLATFORM, its employees, contractors, agents, officers, and directors from all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorney's fees) arising from the use and access to the Services. This includes, but is not limited to, any claims resulting from:

(i) Data or Content that the Customer and/or Users transmit or receive; (ii) Access or use of the Services by third parties using the Customer's user and password; (iii) Access or use of the Services by third parties using the Customer's API token; (iv) Violation of these Terms and conditions, the Privacy Policy, and/or any other applicable rule or regulation.

15. Limitation of Liability

15.1. Use of the Service

The use of the Service is solely at the Customer's risk. In no event shall MIA-PLATFORM be liable for any damages, including, but not limited to, indirect, special, incidental, or consequential damages of any kind, whether arising from actions taken under this Agreement, negligence, or other torts resulting from the use of the Service or the inability to use the Service, regardless of whether MIA-PLATFORM or an authorized representative of MIA-PLATFORM has been advised of the possibility of such damages.

15.2. Disclaimer

Customers release MIA-PLATFORM from and do not hold it responsible for the actions or omissions of others, including third parties and/or users. The Customer acknowledges that the Service is used merely as a tool to enable Customers to offer products and information at any time and from anywhere. MIA-PLATFORM does not take part in any way in any transaction or transfer of any legal right or property of products and/or Customer content. MIA-PLATFORM has no responsibility or control over the quality, authenticity, safety, or legality of the products and/or content listed and advertised on the Customer's website or other websites or the truthfulness or accuracy of the listed content, nor can it guarantee that a user will complete a transaction. Consequently, MIA-PLATFORM assumes no responsibility for ensuring that Customers provide services and/or products to a user. Therefore, to the extent permitted by law, MIA-PLATFORM excludes all implied warranties, terms, and conditions. MIA-PLATFORM is not responsible for any loss of money, goodwill, or reputation, nor for any special, indirect, or consequential damages arising from the Customer's use of the Service.

15.3. Risk of Fraudulent Actions

The Customer acknowledges and accepts the risk that third parties may generate impressions or take other actions affecting cybercrime charges and fraudulent or improper actions. MIA-PLATFORM will have no liability regarding the Customer's connection with any fraudulent third-party access or other improper actions that may occur.

15.4. Role of MIA-PLATFORM

The Customer acknowledges and agrees that MIA-PLATFORM, the Platforms, and the Services offered by MIA-PLATFORM act merely as a Service and that MIA-PLATFORM IS NOT in any way, directly or indirectly, involved in any possible transaction between the Customer and the user. MIA-PLATFORM does not impose any rules or restrictions regarding any business operation and does not act as a legal advisor or consultant regarding any transaction for the Customer or the user. MIA-PLATFORM has no responsibility regarding the terms established in any transaction between the Customer and the user.

15.5. Customer and User Responsibility

An individual or legal entity operating as a Customer and the user, which may be an individual or legal entity to whom the Service is intended, will be solely responsible for establishing all business and legal terms and conditions governing the relationship between them without MIA-PLATFORM having any responsibility of any kind for such a relationship.

15.6. Exclusions of Liability

It is understood and agreed that MIA-PLATFORM will not be responsible for nor assume any additional liability or expense due to:

(i) Any breach of these Terms and conditions by the Customer; (ii) Any agreement reached by the Customer and the user, including the commercial and legal standards established by the Customer that govern and include, but are not limited to, any related service, such as shipping, applicable law, customs clearance, among others; (iii) Any loss or damage caused to any third party as a result of the acts or omissions of the Customer; (iv) Any inaccuracy, falsehood, and/or authenticity issues of the content and information provided and/or displayed in the Service based on Customer content provided on their websites or other websites; (v) Any unauthorized use of the Customer's website or any other security breach; (vi) Any activity on the Customer's website carried out by others on behalf of the Customer and/or under the Customer's supervision; (vii) Any activity carried out by others using the Customer's user and password, token, and/or similar data to the extent that the Customer provided and/or authorized them, regardless of whether MIA-PLATFORM was notified of the possibility and/or existence of such loss or damages; (viii) Any error or omission in any Content or any loss or damage incurred as

(ix) Any Content from any user or any third-party behavior that is defamatory, offensive, or illegal; and/or (x) Cases where the Services do not meet the user's needs.

It is understood and agreed that MIA-PLATFORM will not be responsible for nor assume any additional liability or expense due to:

(i) Any breach of these Terms and conditions by the Customer;

(ii) Any agreement reached by the Customer and the user, including the commercial and legal standards established by the Customer that govern and include, but are not limited to, any related service, such as shipping, applicable law, customs clearance, among others;

(iii) Any loss or damage caused to any third party as a result of the acts or omissions of the Customer;

(iv) Any inaccuracy, falsehood, and/or authenticity issues of the content and information provided and/or displayed in the Service based on Customer content provided on their websites or other websites;

(v) Any unauthorized use of the Customer's website or any other security breach;

(vi) Any activity on the Customer's website carried out by others on behalf of the Customer and/or under the Customer's supervision;

(vii) Any activity carried out by others using the Customer's user and password, token, and/or similar data to the extent that the Customer provided and/or authorized them, regardless of whether MIA-PLATFORM was notified of the possibility and/or existence of such loss or damages;

(viii) Any error or omission in any Content or any loss or damage incurred as a result of using any Content published, emailed, transmitted, or otherwise made available through the use of the Services; and/or

(ix) Any Content from any user or any third-party behavior that is defamatory, offensive, or illegal; and/or

(x) Cases where the Services do not meet the user's needs.

In no event shall MIA-PLATFORM, its agents, officers, employees, suppliers, or licensors be liable to the Customers for any claim, proceedings, duties, damages, losses, or expenses exceeding the amount paid by the Customers for the services.

15.7. Download and Use Risk

Any Content downloaded or obtained through the use of the Services is done at the Customer's own risk, and the Customer will be solely responsible for any damage to their computer system and/or mobile device or loss of data resulting from downloading or using any of the Services. MIA-PLATFORM does not guarantee or assume responsibility for products or services offered by third parties through any of its Services. MIA-PLATFORM does not take part in such transactions and does not control any transaction between the Customers and third-party product or service providers.

Given the nature of the Services, MIA-PLATFORM may perform routine maintenance and/or improvements on the Services; therefore, and due to other unforeseen contingencies related to the Internet, Customers accept the risks and failures or unavailability of third-party servers and expressly waive any contractual or tort liability or damages claims against MIA-PLATFORM for potential failures, slow connectivity, or errors in accessing and using the Services for reasons not attributable to MIA-PLATFORM.

15.8. High Service Availability

The Services have a high-availability and auto-scaling service infrastructure that will be available 99.9% of the time. Notwithstanding the above:

(i) MIA-PLATFORM reserves the right to perform scheduled service interruptions that will be notified by email or at the URL: http://sla.mia-platform.cl or by any other means with a minimum of twenty-four (24) hours' notice to perform maintenance, repairs, and other tasks related to the provision of the Services.

(ii) MIA-PLATFORM may perform unscheduled interruptions for security reasons or when, at its discretion, it has reasonable information demonstrating that there are emergency reasons to do so.

Given the above paragraph, MIA-PLATFORM informs that if the service level is less than:

95%, 10% of the invoice amount corresponding to the month in which the Service failure occurred will be refunded;

90%, 15% of the invoice amount corresponding to the month in which the Service failure occurred will be refunded.

The service level will be published at http://sla.mia-platform.cl

15.9. Failure Notification

The Customer must promptly notify MIA-PLATFORM of any Service failure, and MIA-PLATFORM must inform the Customer about the nature of the respective Service failure and the expected repair time. Regarding Service restoration, if required, Customers must provide all necessary and reasonable support. MIA-PLATFORM must promptly inform Customers if the failure is not related to the Service. Once the failure is repaired, MIA-PLATFORM must immediately inform the Customers.

This limitation of liability applies whether the alleged liability is based on an agreement, damage, negligence, strict liability, or otherwise, even if MIA-PLATFORM has been advised of the possibility of such damages.

16. Limitation of Liability

WITHOUT PREJUDICE TO ANY PROVISION TO THE CONTRARY IN THESE TERMS OR ELSEWHERE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

16.1. Exclusion of Damages

IN NO EVENT SHALL ANY PARTY TO THIS DOCUMENT, OR ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND SUPPLIERS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) BE LIABLE UNDER THESE TERMS OR IN CONNECTION WITH THEM FOR:

(I) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;

(II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS;

(III) ANY LOSS OR DAMAGE OF DATA, USE, BUSINESS, REPUTATION, REVENUE, OR GOODWILL; AND/OR

(IV) FAILURE OF SECURITY MEASURES AND PROTECTIONS WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.2. Liability Limit

EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF EITHER PARTY UNDER SECTION 14 (INDEMNITY) OF THIS DOCUMENT, PAYMENT OBLIGATIONS UNDER THIS DOCUMENT, OR BREACH OF OUR ACCEPTABLE USE POLICY BY YOU OR, IN THE CASE OF A CUSTOMER, ANY OF THE UNDERLYING USERS OF YOUR ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY, ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND SUPPLIERS (INCLUDING THIRD-PARTY SERVICE PROVIDers) UNDER THESE TERMS OR IN CONNECTION WITH THEM (INCLUDING THE SITES AND THE SERVICE) EXCEED THE TOTAL AMOUNT OF THE FEES YOU ACTUALLY PAID TO US (IF ANY) DURING THE CONSECUTIVE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIABILITY LIMITATION IS CUMULATIVE AND IS NOT DERIVED FROM ANY INCIDENT.

17. Clause of Protection

17.1. Service Conditions

The Services are provided under the conditions set forth in these Terms and conditions and as currently offered. The use of the Services is at the Customer's own risk. The Services are offered without any warranty, whether express or implied, including, but not limited to, the warranty of merchantability, warranty of fitness for a particular purpose, or warranty of non-infringement. MIA-PLATFORM does not guarantee that:

(i) The Services will be available at any particular time or place;

(ii) The Services will be uninterrupted or secure;

(iii) Any defects or errors will be corrected;

(iv) The Services are free of viruses or other harmful components.

17.2. Limitation of Liability

In no event shall MIA-PLATFORM, its affiliates, agents, officers, employees, or suppliers be liable for any direct, indirect, incidental, special, or punitive damages, including, but not limited to, business interruption, loss of profits, or other intangible losses resulting from the use or inability to use the Services. In no event shall MIA-PLATFORM be liable for any damages and/or losses resulting from hacking, alteration, or unauthorized access to the Customer's account or any other use of the Services or the Customer's account and the information contained therein.

17.3. Exclusions of Liability

In no event shall MIA-PLATFORM be responsible for the following:

(i) Anything attributable to the Customers and/or

(ii) The use they make of the Services and/or

(iii) Errors or ambiguities in the Content;

(iv) Direct or indirect damages that Customers may cause to third parties;

(v) Injuries or damages to personal property of any kind resulting from accessing or using MIA-PLATFORM's Services by Customers;

(vi) Unauthorized access or use of MIA-PLATFORM's servers and/or any personal information stored on them;

(vii) Any interruption or discontinuation of the Services' transmission;

(viii) Any error, virus, trojan horse, or similar transmitted by a third party using the Services;

(ix) Direct or indirect damages or consequences caused by the use of the Customer's Username and Password by third parties authorized by the Customer;

(x) Direct or indirect damages or consequences caused by the use of the Customer's token in their interface if provided to third parties or in an exposed or unprotected situation;

(xi) Any error or omission in any Content or any loss or damage incurred as a result of using any Content published, emailed, transmitted, or otherwise made available through the use of the Services; and/or

(xii) Any Content of any user or any third-party behavior that is defamatory, offensive, or illegal; and/or

(xiii) Cases where the Services do not meet the user's needs.

In no event shall MIA-PLATFORM, its agents, officers, employees, suppliers, or licensors be liable to the Customers for any claim, proceedings, duties, damages, losses, or expenses exceeding the amount paid by the Customers for the services.

17.4. Download and Use Risk

Any Content downloaded or obtained through the use of the Services is done at the Customer's own risk, and the Customer will be solely responsible for any damage to their computer system and/or mobile device or loss of data resulting from downloading or using any of the Services. MIA-PLATFORM does not guarantee or assume responsibility for products or services offered by third parties through any of its Services. MIA-PLATFORM does not take part in such transactions and does not control any transaction between the Customers and third-party product or service providers.

Given the characteristics of the Services, MIA-PLATFORM may perform routine maintenance and/or improvements on the Services; therefore, and due to other unforeseen contingencies related to the Internet, Customers accept the risks and failures or unavailability of third-party servers and expressly waive any contractual or tort liability or damages claims against MIA-PLATFORM for potential failures, slow connectivity, or errors in accessing and using the Services for reasons not attributable to MIA-PLATFORM.

17.5. High Service Availability

The Services have a high-availability and auto-scaling service infrastructure that will be available 99.9% of the time. Notwithstanding the above:

(i) MIA-PLATFORM reserves the right to perform scheduled service interruptions that will be notified by email or at the URL: http://sla.mia-platform.cl or by any other means with a minimum of twenty-four (24) hours' notice to perform maintenance, repairs, and other tasks related to the provision of the Services.

(ii) MIA-PLATFORM may perform unscheduled interruptions for security reasons or when, at its discretion, it has reasonable information demonstrating that there are emergency reasons to do so.

Given the above paragraph, MIA-PLATFORM informs that if the service level is less than:

95%, 10% of the invoice amount corresponding to the month in which the Service failure occurred will be refunded;

90%, 15% of the invoice amount corresponding to the month in which the Service failure occurred will be refunded.

The service level will be published at http://sla.mia-platform.cl

17.6. Failure Notification

The Customer must promptly notify MIA-PLATFORM of any Service failure, and MIA-PLATFORM must inform the Customer about the nature of the respective Service failure and the expected repair time. Regarding Service restoration, if required, Customers must provide all necessary and reasonable support. MIA-PLATFORM must promptly inform Customers if the failure is not related to the Service. Once the failure is repaired, MIA-PLATFORM must immediately inform the Customers.

This limitation of liability applies whether the alleged liability is based on an agreement, damage, negligence, strict liability, or otherwise, even if MIA-PLATFORM has been advised of the possibility of such damages.

18. Confidential Information

The Customer agrees to protect and maintain the confidentiality of and not disclose to any third party any Confidential Information (as defined below) received from MIA-PLATFORM, its affiliated companies, or obtained in any manner related to the Contract or its performance. For this purpose, "Confidential Information" means information not available to the general public that MIA-PLATFORM and/or its affiliated companies use, develop, or obtain, which includes, but is not limited to, the following:

(i) Information, procedures, and data obtained and/or developed by MIA-PLATFORM or its affiliated companies (including those obtained before the execution of this Agreement) related to the businesses or affairs of MIA-PLATFORM or its affiliated companies;

(ii) Products or services;

(iii) Costs and pricing systems;

(iv) Analyses;

(v) Business and accounting methods;

(vi) Software, including operating systems, programming requests, and lists;

(vii) Organizational charts, manuals, and documents;

(viii) All production methods, processes, technology, and trade secrets; and

(ix) Any other similar information related to them in any way.

Furthermore, the Customer agrees to use the Confidential Information solely to fulfill the obligations assumed in these Terms and conditions. To maintain the confidentiality of the information, Customers agree to take all necessary and reasonable security measures, exercising the same degree of care they use to protect their own confidential information (but in no event less than the reasonable care established by applicable law). Customers must adopt all necessary technical and organizational measures to ensure the security and confidentiality of the Confidential Information to prevent it from being altered, lost, consulted, or treated unauthorizedly and to detect any unauthorized use, whether deliberate or not, of the Confidential Information, whether such risk arises from human actions or the technical device used.

19. Modifications

MIA-PLATFORM reserves the right to periodically modify these Terms and conditions and will always publish the most recent version on its website. In the event that these Terms are modified, which MIA-PLATFORM deems fundamental at its discretion, MIA-PLATFORM will notify Customers through an additional means (i.e., via email to the address associated with the Customer's account). Changes to these Terms and conditions may be posted on the website or the URL corresponding to the Terms and conditions; therefore, Customers should regularly review such sites. By continuing to access or use the Services after such modifications become effective, Customers agree to comply with the modified terms and conditions. If Customers do not agree with the new terms, they must immediately stop using the Services.

20. General Provisions

20.1. Force Majeure

Neither we nor you will be liable for any failure or delay in the performance of your obligations due to events beyond the reasonable control of either party. These events may include denial-of-service attacks, interruption or failure of the Internet or any public utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and government actions.

20.2. Notice

We will use the contact information we have on record for you in connection with providing notifications subject to this section. You acknowledge that notifications provided to you in connection with these Terms and/or the Service will be provided in the following manner: through the Service, including posting on our Sites or posting to your account, text message, in-app notification, email, phone, or postal mail. Additionally, you acknowledge that an electronic notification satisfies any applicable legal notification requirement, including that such notification must be in writing. Any notification to you will be considered delivered at the earliest of: (i) receipt; or (ii) 24 hours after delivery.

20.3. Severability

These Terms will apply to the extent permitted by applicable law. If a competent court finds any provision of these Terms to be contrary to law, it will modify and interpret it in the best possible way to achieve the original provision's objectives to the greatest extent permitted by law. The remaining provisions of these Terms will remain in force.

20.4. No Waiver Clause

Failure by either party to exercise or delay in exercising a right under these Terms will not constitute a waiver of such right. No waiver under these Terms will be effective unless in writing and signed by an authorized representative of the party granting the waiver.

20.5. Entire Agreement

These Terms, along with all modifications and additional agreements that may be entered into with MIA-PLATFORM in connection with the Services, constitute the entire agreement between Customers and MIA-PLATFORM. If a competent court finds any provision of these Terms invalid, it will not affect the validity of the remaining provisions contained in these Terms, which will remain in full force and effect.