DATALEMONS (hereinafter referred to as "The Platform") is the owner of the platform accessible through the domain name https://datalemons.com
(hereinafter referred to as the "Site"), as well as the services offered through it. Datalemons (hereinafter referred to as "The Company") is a company registered in the Electronic Registry of Companies under the unique identification number (RUT) 78.040.459-0, domiciled in Providencia, Región Metropolitana, Chile, and established under Chilean law, acting as the legal representative of The Platform.
SECTION ONE. GENERAL PROVISIONS.
The following Terms and Conditions of Service, hereinafter referred to as "Terms", along with specific provisions that may be agreed upon with Users, are intended to regulate the relationships between The Platform, The Company, and the Users who use it.
Datalemons is an online software platform that performs data analysis. Its primary software is responsible for analyzing business data for any company, along with other complementary or new services that may be developed.
Before using The Platform, all Users must have read these Terms and Conditions, as all relationships between The Platform, The Company, and the Users will be governed by their content.
1.1 TERMS AND DEFINITIONS.
For the purposes of interpreting this Agreement, the following terms are defined:
- Users: All individuals who browse or use The Platform or the website
https://datalemons.com
or any replacement or related website owned by The Platform. - Registered Users: All individuals or legal entities that register on The Platform.
- Guest Users: All individuals who have usage permissions from other account holders or Registered Users.
- Parties: This term will be used to refer to The Platform or The Company together with the Users.
- Account Holder: The owner and responsible party for an account on The Platform.
- Affiliates: Users who have subscribed to any of the plans available for the use of The Platform.
- Commercial Alliances: Agreements or contracts with special terms and conditions of service that vary depending on the type of user.
- International Law or Norm: Refers to laws or international norms that are accepted, recognized, and applied by the State of Chile.
1.2 OBJECT OF THE TERMS
Datalemons undertakes to make the services of The Platform available to registered users in accordance with these Terms. This instrument does not, in any case, convert datalemons into a distributor, seller, buyer, worker, representative, or partner of any of the Users, without prejudice against commercial alliances or additional legal relationships that may exist. Datalemons is not responsible for the uses or commitments acquired by its Users with third parties.
SECTION TWO. TERMS OF SERVICE.
The services provided through The Platform will be regulated by the following terms:
2.1 ACCESS TO SERVICES.
a. People to whom the Services are directed. The Services are intended for natural and legal persons, regardless of whether they carry out commercial activity or not, that is, whether they act as consumers. The Services are aimed at people of any age.
b. User registration.
To access the Services, you must register and create a non-transferable personal account on The Platform (the "Account"). To this end, you must provide true, accurate, current, and complete information, as requested during the registration process. The Platform contains different types of plans, and depending on the corresponding plan, different data will be requested. However, all Users must provide at minimum their full name, age, gender, and email address to register, and additional information associated with the use of The Platform may be requested.
The Platform may request updates to the information provided by each User or additional information necessary for registration or its update. The Registered User has the obligation to protect their personal information by not allowing the use of their account to third parties, outside of the usage permissions contained in some Platform modalities.
Account ownership is based on the data provided during the registration process. Therefore, it is important that all information that the Registered User provides is true, accurate, current, complete, and kept up to date. Registered Users, upon completing the registration process and accepting these Terms, will perfect the conclusion of a contract with The Company, which describes the obligations and duties to be fulfilled.
c. Service plans.
Datalemons has four service plans; HARVEST PLAN, LEMONADE PLAN, PRO LEMONADE PLAN, and CORPORATE PLAN, all with different qualities designed for each type of user. Each Plan is specified on the Website and may be modified whenever the Platform requires it, with the sole duty of notifying by email the Users already Affiliated to the corresponding service and with the commitment to publish it on its page.
The valid information for each of these plans will be that which is published at the time of affiliation or payment of the chosen Plan. This without prejudice to the fact that The Platform may change the conditions of each plan by complying with email notification to Registered Users, without requiring their prior authorization.
All without prejudice to the fact that The Platform may create new plans with equal or better conditions than those already published.
All plans contain the datalemons brand in the tools and in general all materials and services provided by The Platform. The affiliation and payment of the Plans does not authorize Users to remove or require The Platform to remove the datalemons brand from the forms and tools in general provided by it. Any removal, change, or alteration of the datalemons brand in the tools and forms will be sanctioned as a breach of these Terms and will be indicated as a violation of Intellectual Property rights and obligations, including thereby an act against the brand, thus enabling The Platform and The Company to exercise all corresponding legal actions to compensate and stop the damage caused, before the corresponding institutions.
In addition to the conditions and Plans published on the Platform's Website, datalemons has the option of Commercial Alliances, available to all Users who approve the strategic and commercial evaluation of the Platform's legal representative, all of which will be reviewed by the Company and regulated under specific and particular terms adjusted to each type of Alliance, according to the type of User, Country, and conditions of the agreement.
The Plans are limited to the Registered User Account Holder, who will be responsible for the uses of the account, without prejudice to the fact that they may enable, according to the corresponding Plan, optional uses to other non-holder invited Users. The responsibility of the Registered Users who hold the contracted Plan extends to the uses of the Invited Users, before The Platform and affected third parties.
d. Platform uses.
Without prejudice to the differences and conditions of each Plan, which is regulated by the content published on the website, The Platform offers the following functionalities:
- Sales analytics.
- Integrations for commercial data extraction.
- Limited history of commercial data.
- Priority in electronic support.
Without prejudice to other functions, tools, or services that may be provided on The Platform or agreed upon in Commercial Alliances, which may or may not coincide with those indicated above.
Once the User is registered and their obligations are fulfilled, The Platform has the obligation to comply with the provision of services corresponding to each Plan. In case of non-compliance or failure of any service, the Registered User has the obligation to report it through The Platform's communication channels, which will be informed in the welcome or subscription email of the Registered User.
e. Services after user registration.
Once the Account has been created successfully, the Services will be available and ready for use. Accounts may be subject to payment compliance and in general to compliance with these Terms, so access to and use of the functionalities and Services under such Accounts is linked to compliance with such payment requirements.
The Platform commits to making best efforts to maintain the functionality of all services contained in the different Plans, without prejudice to those which, due to technical defects beyond the control of The Platform and its representatives, cannot be provided temporarily.
f. Services and third-party service providers.
The Platform may contract providers and in general third parties that complement or support its services. Since the services executed by these third parties are beyond the control of The Platform, the latter is only responsible for damages caused by services or functions under its charge and not for those of contracted third parties.
In the event that the Registered User decides to contract or facilitate access to their account to other people, they acknowledge and accept that such third parties act beyond the control of The Platform, and therefore, it is not responsible for damages caused by the use of information or the account by such third parties.
We recommend Users who share information they possess or obtain through The Platform with other people to review or develop the terms and conditions under which access will be provided and primarily the uses that can be given to this information. We also recommend Users not to facilitate access to their accounts, to prevent other people from modifying, altering, or harming User conditions.
g. Regulation of rates and Plan payments. Payment for Services is subject to these Terms and to the information of each commercial Plan published on the Site or contained in the quotations sent by the Company. In case of difference between the Plan information published on the Site and the information contained in service quotations sent to the User, what is established in the quotations will prevail.
h. Timeframes for service provision. Once the Registered User's account is created, the Plan is contracted, and the service is paid for, services will begin to be provided initially, indefinitely until some cause of service termination is met, without prejudice to those Accounts or Plans that have a determined and extendable time period.
SECTION THREE. PLATFORM CONTENT.
3.1 PLATFORM CONTENT AND INFORMATION.
a. Ownership of content and information published on The Platform and its Websites. All information and content published on The Platform, on associated web domains, and on The Platform's and The Company's communication media, belong to the Platform. The Platform is responsible for the content it publishes, however, it will not be responsible for or have the obligation to review content supplied or prepared by Registered Users. The Company is the sole owner and author of the intellectual property rights of datalemons.
b. Registered User uses of content and information published on The Platform.
Users are only allowed the uses of The Platform, its content and information, specified in each of the plans published on the Website or on The Platform directly. All Users can make use of the information as long as they do not harm or infringe intellectual property rights over The Platform and the Terms.
Any alteration or use of the content and information contained in The Platform must be previously authorized by The Company or directly by The Platform, without which authorization it will be understood that there has been a violation of property rights.
Even when it is allowed to remove the brand from some products to avoid confusion, the ownership of the content, processes, and other products of The Platform remain its property, maintaining as an exclusive and excluding right and property. Consequently, Users may not under any circumstances, claim or inform that these products are of their authorship.
c. Materials available on The Platform, the Site, or services. The Platform and Services may include information, graphics, texts, images, or other materials uploaded by other users or third parties. Such materials are intended to be used in connection with The Platform and Services, and their legality, accuracy, and completeness depend on and are the sole responsibility of the party that has uploaded them or provided them as part of the Site or Services.
3.2 USER CONTENT AND INFORMATION.
a. Ownership of content and information provided by Users. Users own the information they provide on The Platform and therefore are responsible for the content and truthfulness of the same, as well as being solely responsible for obtaining the permissions or authorizations that correspond to the type of information and the person considered to be the owner of it.
b. Uses of The Platform and The Company regarding User content and information.
Platform Users authorize it and The Company to make use of all information that is provided to it or that passes through it from each of its Users and in general from all people who use The Platform's services, without requiring more authorization than the acceptance of these Terms. The Platform or The Company may use the requested data, expressly or tacitly provided in this or its derived services to: optimize The Platform's services or those of related companies; to prepare statistics of all kinds about User behavior; to create suggestions and in general optimize recommendations to its Users, both for consumers and providers; to generate commercial analyses that serve to optimize market functioning, including in those areas where The Platform does not participate; to communicate metrics associated with User information avoiding the individualization of any Users unless they authorize it. Users authorize the platform to publish, provide or even transfer onerously or freely the information contained in The Platform.
Consequently, Users grant The Platform and The Company a worldwide, free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable license of their intellectual and industrial property rights in order to use, reproduce, distribute, communicate and make available to the public (including, among others, the rights to retransmit and broadcast), transform and modify, and/or adapt your content in relation to the operation of the Site and/or Services. Users state and guarantee that they have the necessary rights to grant the license granted here, and that the use of their content will not infringe the law or any right or legitimate interest of any third party. With this permission, the
User authorizes The Platform and The Company to share the information and content that they provide or use in their accounts.
Each of The Platform's Users is obligated to obtain the permissions for uses of information that are provided to them by third parties through The Platform's services and additionally inform them what use this information will or may receive.
This without prejudice to other uses that may be given to the information provided to The Platform for the optimization of services provided to Users.
c. Supervision of content uploaded by Users. The Platform may, when deemed necessary or when it has received a request in relation to it, review content uploaded by Users in order to ensure compliance with legal obligations, prevent phishing or fraud. If The Platform determines that there is any violation or harm in the reviewed content, it may modify, suspend, or delete the User's Account. This provision is for optional and not mandatory use for The Platform and The Company.
d. Use of Cookies on The Platform.
Users know and accept that The Platform may use a tracking system through the use of cookies ("Cookies"). Cookies are small files that are installed on the hard drive, with a limited duration in time that help personalize services. It also offers certain functionalities that are only available through the use of Cookies. Cookies are used in order to know the interests, behavior, and demographics of those who visit or are Users of The Platform and thus better understand their needs and interests and give them better service or provide them with related information.
The Platform also uses the information obtained through Cookies to analyze the pages browsed by the User, searches performed, improve commercial and promotional initiatives, show advertising or promotions, banners of interest, news about The Platform, perfect the offer of content and articles, personalize such content, presentation and services; it may also use Cookies to promote and enforce Site rules and security. The Platform may add Cookies in the emails it sends to measure the effectiveness of promotions.
It will additionally use Cookies so that the User does not have to enter their password so frequently during a browsing session, also to count and corroborate registrations, always having as the objective of installing Cookies, the benefit of the User who receives it, and will not be used for purposes unrelated to The Platform.
It is expressly clarified that these Terms cover the use of Cookies by The Platform and not the use of Cookies by advertisers.
3.3 THIRD-PARTY CONTENT AND INFORMATION USED BY USERS.
a. Obligations regarding Users with third parties who use the services. The Platform's services mostly involve collecting data and information from people who place orders, interact with, or receive content from Registered Users, so it is specified in these Terms that the Registered or non-registered User who collects data from other people through The Platform's services, is responsible for the treatment that this data receives, as well as being responsible for informing and requesting prior authorization from the person for obtaining the information or data, including the duty to inform the use that will be carried out. Registered Users, in this case, are responsible for obtaining the acceptance of these Terms by each of the people who provide their information to The Platform. The Platform has no legal relationship with the third parties mentioned in this article.
SECTION FOUR. PERMITTED USES OF THE PLATFORM.
a. Platform usage obligations.
Users commit to using The Platform in accordance with national and international intellectual property law norms and these Terms. Users commit to refraining from using The Platform for acts that have illicit purposes, to deceive, induce error, or with bad faith regarding other Users, The Platform, or third parties.
All acts performed on The Platform that may or intend to harm Users, The Platform, or third parties, are considered prohibited uses and will be considered as non-compliance with these Terms.
Users accept in these Terms to follow the indications and recommendations, direct or indirect, that The Platform poses for the use of services and the site.
b. Communication channels between Users and The Platform. Users to communicate with The Platform may use the channels enabled on its website, which will direct them to email attention. The Platform has no obligation to control, and in effect does not control, the uses that Users may execute on this communication module, but it will have the right to cancel the account of any User who has misused the channel. Likewise, The Platform is not obligated to establish communication with its users through ways other than the one mentioned.
c. External Platform links. The Platform may contain external links that direct the User to other Websites, Applications, or Platforms different from this one. The Platform is not responsible for the content stored on these Sites, nor for their operation. The Platform may use its content in other spaces, for advertising, expansion, or commercial strategy purposes.
d. Prohibition of intellectual property rights infringement. Users may not use the Services to circumvent the intellectual property rights or any other nature of any person. Therefore, all uses that Users make of content, information, or others that belong to other people must contain their prior authorization. Without prejudice to the autonomy and privacy of each User's account, The Platform reserves the right to suppress at any time any content that infringes what is established in this section, without being obligated to obtain authorization.
e. Sanctions and consequences of Platform misuse. User conduct or actions that involve a violation of national or international law regulations or these Terms, regarding the uses of The Platform, are considered breaches of these Terms, therefore, generate civil and criminal legal consequences, with the immediate consequence being the cancellation of the account and termination of the Plan that the User had contracted without corresponding refund of payments made, even when these are advance payments.
SECTION FIVE. USER RIGHTS AND OBLIGATIONS.
a. Account care and responsible use obligation.
Users at all times have the obligation to maintain the privacy and security of their Account. It is prohibited to share them with other people, with the exception of possible permissions enabled in commercial Plans if any. The User who shares their Account outside of possible permissions enabled on The Platform is responsible for the consequences this may generate. The Platform is not responsible for damages that the Account Holder may suffer due to uses that other people have made to whom they have allowed the use of their Account.
In case the User suspects that their Account or credentials have been or are being used by an unauthorized third party, or have been compromised, they must contact The Platform immediately through the communication channel. Otherwise, The Platform is not responsible for the use that has been made of the Account, and will be responsible for all activities that have taken place in your Account.
b. Regulated Account uses.
The user must use their Account and Services in strict compliance with national and international regulations and public order. In particular, but without limitation, they must not:
- Access the Site, Accounts and/or Services through any means other than the interfaces provided by The Platform or those means that are expressly authorized in these Terms;
- Avoid, bypass, remove, deactivate, deteriorate, decode or otherwise alter security measures, usage regulations or any other protection measures implemented by The Platform, service providers or any third party to protect the Site, Accounts or Services. In particular, may not perform any of the above actions to alter restricted functionalities or only available for certain Account modalities;
- Access, manipulate or use private areas of the Site or Service, The Platform's computer systems, or our providers' technical systems;
- Process information considered as 'sensitive' or 'special' under Chilean data protection regulations or that refers to payment data without our prior written consent;
- Use metatags or other hidden text or metadata on the Site or in the Services, as well as manipulate headers or other identifiers to conceal the origin of content transmitted through the Service;
- Use, display, reproduce (mirror) or frame the Site or Services, and any elements of the Site or Service, the appearance and design or any part of the Service or Site, or The Company's intellectual and industrial property rights or other exclusive rights;
- Try to access or search the Service or Site, or perform scraping techniques or download Service or Site content, or use in any other way, upload content to, or create new links, republications, or references in the Services or Site through the use of an engine, software, tool, agent, device, or mechanism (including automatic scripts, spiders, robots, crawlers, data mining tools or similar) different from the software and/or search agents we have provided, or others generally available in third-party search engines;
- Perform reverse engineering, decompile or disassemble the software used in relation to the Site or Services;
- Interfere with, or try to interfere with, the access of any user, host or network, including, without limitation, sending viruses, overloading, flooding, spamming, or sending email-bombs to the Services or Site;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for a commercial purpose any section of the Site or Services, or their access or use of the Site or Services provided by The Platform;
- Impersonate or induce error about their connection with any person or company, as well as harass or stalk other users or third parties, or use or share offensive or pornographic content;
- Perform activities such as vulnerability searches, load testing, penetration testing or bypassing security measures, as long as our prior written approval is not obtained;
- Use the Services and, specifically, the functionalities intended to ensure the interaction of Services and Platform products, to monitor the availability, performance level or functionality of our Services or Site, or to perform market comparative evaluations or for other competitive purposes;
- Send unsolicited or unauthorized electronic commercial communications, chain emails or other forms of unsolicited service requests, whether through Platform channels or other means; and/or
- In any other way, use the Account, Site or Services contrary to the legitimate rights and interests of The Platform or The Company or any third party, or in any way that may alter, interrupt, overload or damage in another way the Site or Services.
Platform Users may report abusive or restricted uses that other users are making.
Registered Users may only use The Platform or its services in interoperation or communication with other software when The Platform or The Company has authorized it or such integration has been developed through public APIs and other related products and services that The Platform has provided as part of its range of technological products for developers and integrators. Without prejudice that this use is subject to its own Terms and services.
SECTION SIX. PLATFORM RIGHTS AND OBLIGATIONS.
a. Platform maintenance duties. The Platform commits to making its best efforts to comply with the maintenance of services and in general of the Site that are necessary to comply with the conditions offered to Registered Users. Without prejudice that due to force majeure causes or others beyond its will cannot be carried out.
b. Platform duty to respond to Registered User requests. The Platform commits to maintaining a timely response, to the extent possible, to User inquiries through the appropriate communication channel.
c. Platform's right to delete, suspend or condition any type of Account. The Platform has the right to delete, suspend or condition any type of Account, regardless of its Holder and without requiring authorization or prior notice, when the Registered User has breached these Terms or executed conduct contrary to their essence or that causes harm to The Platform or other Users. Likewise, it may reserve the right to deny Account registration, as well as deny navigation on the Site, in cases where it is necessary to preserve the wellbeing of The Platform and its Users.
d. Platform rights regarding social networks and third-party platforms.
The Platform's services and functionalities may offer the possibility of sharing content and any other type of information on social networks and other platforms, in which case, The Platform will have the right to access, use and monitor such information and additionally to manage such information on behalf of the User, as long as these practices are executed in accordance with these Terms and without harming Users' rights.
Subject to the applicable Terms and conditions and privacy policies of third parties, by connecting the User with their account on the corresponding social network or platform, they authorize The Platform to access and use the shared information. All with the objective that The Platform manages the information to which it has access. Therefore, it is important that each User review their privacy settings on their accounts before sharing information.
Regarding responsibility for the publication or use of content mentioned above in this clause, The Platform clarifies that it does not assume nor can assume any type of responsibility for the use and information publications made by Users, whether registered or not, therefore, each User will be responsible to third parties and to The Platform, regarding their publications and content uses in the different social networks or platforms they use.
e. Platform obligations regarding social networks and third-party platforms. Given that the services provided by The Platform and used by Users may offer the possibility of sharing content and any other type of information on social networks and other platforms and additionally the possibility of functioning in an integrated manner with social networks and other platforms, the User accepts that The Platform is not responsible for the effects that networks, sites or platforms that operate in an integrated manner or linked to it, may generate on the services, causing deterioration or limitations in the uses made by Users, given that the management of such networks, sites or platforms, is beyond the scope of its control.
SECTION SEVEN. ACCOUNT SUSPENSION AND TERMINATION.
a. Termination or suspension by The Platform or The Company.
The Platform reserves the right to suspend, close or condition the Account of any Registered User when it notices that they have breached these Terms, which includes providing false, inconsistent information, absence of updates required by The Platform, lack of permissions for the use of third-party information or violation of intellectual property rights of The Platform, its Users or any affected third party.
The Platform may notify the suspension or future closure of the account, giving the Registered User the possibility to remedy or clarify the fact that motivates the closure or suspension, as long as it is remediable and always remaining as optional for The Platform. In case of providing a deadline to remedy the situation, it will not be less than 5 business days. Under no circumstances will a deadline be granted to remedy in those cases where the Registered User's violation has caused harm to The Platform.
Likewise, The Platform may suspend Registered Users' Accounts when they do not comply with payments associated with the contracted Plan. In case of payment default, The Platform is enabled the day immediately following the default to suspend the Account, with the faculty to give the client a period of 20 calendar days to regularize the payment, before closing the Account. If given the deadline for regularization, the Registered User does not regularize their payments, The Platform is enabled the day immediately following the expiration of this deadline to Close the Account and terminate the service.
In case of Account closure, the Registered User is aware that their data is exposed to deletion or alteration, therefore, The Platform will not be responsible nor have the obligation to recover deleted or altered data in case of Account closure or new contracting of the Registered User in question.
b. Termination by the Registered User.
All Registered Users can at any time close their account and terminate the services obtained from The Platform, with no more protocol than performing the closure process enabled through their Account. Once the account is closed, they will lose the data associated with it and in case of subsequent Account activation, The Platform is not obligated to perform any management for the recovery of this data.
Once the Account is terminated, these Terms will apply to the User in what corresponds to non-registered "Users" who navigate the Site.
Without prejudice to the previous powers, Registered Users who have requested The Platform's services and complied with the initial payment corresponding to the requested commercial Plan, will have perfected the service contract with The Platform. Therefore, by accepting these Terms they waive the right of withdrawal or retraction of the Service Contract or these Terms, as long as the two conditions mentioned above have been met.
SECTION EIGHT. RESPONSIBILITY OF THE PARTIES.
a. Platform responsibility declarations.
The Platform hereby declares that the Site and its Services are provided as they are at the date of registration of each User, which includes any errors the Site may have and pending improvements to be made, therefore, the User assumes at their own risk of use and performance the provision of the Account.
The Platform does not expressly, implicitly or legally guarantee its commercial or technological quality for a specific purpose, property, peaceful enjoyment or uninterrupted, timely, or secure operation of it, which includes not guaranteeing the absence of errors or viruses, worms or other harmful or malicious components. As well as not guaranteeing maintaining fixed prices, commercial plan conditions. All previous declarations, without prejudice to the obligations of national or international Law that applies and these Terms.
b. Limitations to Platform responsibility.
Without prejudice to the limitations to Platform responsibility established in these Terms and in national or international Law that applies, The Platform and The Company declare and Users accept that, it will not be responsible in the following cases: any consequential damage from its use, incidental, exemplary, punitive or special, including those damages or losses of data, income, monetary benefits or in property or personal damages or deaths, that derive from or are linked to these Terms and the use of Users' Accounts.
Without prejudice to the limitations of Platform and Company responsibility, in any case where their responsibility is determined, it will be responsible up to the payments made by the User in the last 12 months counted prior to the fact that motivates the demand for responsibility. This as long as it is demonstrated that the motivating fact is a consequence of Platform conduct and that compliance with the notice of damages is met through Platform communication channels within 24 hours following the fact having occurred.
c. Application of Platform responsibility provisions. The application of Platform responsibility provisions will correspond exclusively to Registered Users, the rest of non-registered Users who navigate the Site, use it and have it at their own risk and waiving any legal action or not that demands responsibility from The Platform.
d. Scope of Platform responsibility before User claims. All Users who navigate The Platform Site, commit to exercise the actions they deem necessary before demanding compliance with Platform responsibility, without including in their actions the executives or shareholders of The Company, directors, workers, agents, partners, providers and/or licensors of The Company. Therefore, they commit to keeping the subjects indicated above, indemnified and exempt from all responsibility against and against any claim, loss, expense, damage, demand, or responsibility of any other type, linked to or derived from, or allegedly derived from the use of the Site or Services.
d. User indemnifications to The Platform. All Users who navigate The Platform Site, are obligated to indemnify The Platform or The Company in case of breach of these Terms or before the execution of any conduct that causes harm to them; for breach of agreed payments; and breach of agreed Commercial Alliances. Indemnification that will be minimum for double the amount not received by The Platform due to the breach or act in question, plus the amount determined by an Arbitrator or Judge in the corresponding process.
SECTION NINE. COMPLEMENTARY PROVISIONS (MISCELLANEOUS).
The Parties agree that, the illegality, invalidity, nullity or unenforceability of any sections of these Terms will not affect the validity of the rest of their provisions, which will remain in full force and effect. Such sections will be replaced or integrated with others that, according to what is stipulated by law, correspond to the objective of the replaced sections.
The lack of execution of any of the provisions contemplated in these Terms will not constitute a waiver by the User or The Platform, to act against subsequent or similar breaches and in general to execute any provision of these Terms. Any waiver must be made in writing and must be signed by a representative of The Company, in order to be fully valid. These Terms constitute the entire agreement with The Company regarding the Account and Service provided to any User. The Parties guarantee that, upon entering into this contract, no additional promises have been made to those contained herein. Likewise, in case of additional agreements signed by the Parties, they agree that those will have priority over these Terms, as long as they are in writing and have the acceptance of both.
The rights and obligations established in these Terms or regarding the Account and services in question, may only be assigned to a third party with the prior written consent of The Platform.
SECTION TEN. PLATFORM SUPPORT.
Without prejudice to the provisions contained in these Terms regarding communication channels with The Platform, Users are informed of the necessary data to generate contact with The Platform:
By email: https://datalemons.com
SECTION ELEVEN. APPLICABLE LAW AND JURISDICTION.
These Terms are governed and interpreted according to Chilean regulations, without prejudice to international norms that may apply in complement to the application and interpretation, as long as they are accepted, recognized and applied by the Chilean State, without giving effect to its provisions on conflict of laws. Any dispute that may arise in relation to or linked to The Platform or The Company, its Site or its Services will be submitted to the courts of the city of Santiago, Chile and in its absence and as long as The Platform approves it, to arbitration in the city of Santiago in charge of the Santiago Chamber of Commerce (CCS) or the institution that replaces it or acts in its stead, in case it ceases to exist.
The Intellectual Property Law No. 17,336 and its complementary regulations have been taken into account in the drafting of these Terms; Consumer Protection Law No. 19,496 and its complementary regulations; Law on Protection of Private Life No. 19,628 and its complementary regulations; as well as the main legal norms contained in the Civil Code of Chile and other norms pertinent to these Terms.
Document reviewed and updated on March 1, 2025.