Last updated: APRIL 08, 2024

This document (hereinafter also referred to as the “CONTRACT”) include the Terms and Conditions of Service offered by the company GUALET SpA, a corporation incorporated under the laws of the Republic of Chile, ID Nº 77.733.674-6, with domicile for these purposes at Calle Badajoz Nº 100, Office 820, Las Condes, Santiago de Chile, Metropolitan Region (hereinafter also referred to as “BRANDLEX”) for third parties, in compliance with current regulations.

FIRST: PREVIOUS DEFINITIONS.

For all relevant legal purposes, the following definitions shall apply:

Users: Those individuals who accept and undertake to comply with these Terms and Conditions of the CONTRACT, and therefore may use BRANDLEX technological platforms in the manner provided. Users declare that they are the owners of the information registered under their name and national identity card number, or of the corporate name and unique tax role of the legal entity they represent in the case of nationals, and of passport or other identification number in the case of foreigners.

Platform: It is the form of interaction between BRANDLEX and the Users, which is carried out through the corporate website https://www.brand-lex.com, or through a Platform as a Service (PaaS), Software as a Service (SaaS), or another electronic means specially provided for this purpose by BRANDLEX through its Artificial Intelligence Laboratory BRANDLEX AI LABS.

Personal data or personal data: Those relating to any information concerning natural persons, identified or identifiable.

Data storage: This corresponds to the conservation or custody of data in a registry or database.

Data subject: The natural person to whom the personal data refers.

SECOND: USER ACCOUNT ON THE BRANDLEX PLATFORM.

Users may create, at no cost, an account on the BRANDLEX Platform (hereinafter referred to as the “ACCOUNT”). For such purposes, Users must only comply with the fact that the ACCOUNT is for themselves (not for another natural person) or the company they represent, and be over 18 years of age.

Each of the Users may have only one ACCOUNT, being responsible for the veracity of the information entered during its use. The ACCOUNT shall be for personal use only, and may not be used by any third party. BRANDLEX shall not assume any responsibility for misuse that a third party may make with respect to the Users ACCOUNT. The Users of the Platform, by giving access to or directly delivering information relating to their person or the legal entity they represent, declare that they are the owners of the data assigned to them, or that they are authorized to use them for the purposes of the Platform.

In the event that Users attempt to access information for which they are not the owner, or are not authorized to use, BRANDLEX will immediately block these Users and proceed to the deletion of the data entered in question or to modify it, without the need for a request from the owner of the information. BRANDLEX expressly reserves the right to take any legal action it deems appropriate in the case of the infringement referred to in this paragraph.

THIRD: DELETION OF USER ACCOUNT ON THE BRANDLEX PLATFORM.

The non-use of the services or inactivity of the Users on the Platform for a period of one continuous year or more, will be understood as a waiver of the services provided by BRANDLEX, authorizing the deletion of the ACCOUNT, as well as the data belonging to their private session. In the event of the death of the owner of the data, BRANDLEX may proceed to delete the ACCOUNT, as well as the data belonging to your private session. In the event that any of the Users wish to delete their ACCOUNT, they must send an email to the info@brand-lex.com, expressly indicating the intention to cancel the ACCOUNT and the deletion of the associated data. In the event of deletion of the ACCOUNT, BRANDLEX reserves the right to store certain data of the Users, only for statistical purposes.

FOURTH: STORAGE OF USERS DATA.

By virtue of this act, Users expressly authorize that Personal Data may be processed and stored by/in a data center, cloud, software, algorithm, or other technology, located in the territory of Chile or abroad. In this context, the personal information collected and/or processed may be shared or communicated to third parties, for the purpose of processing and studying the data and providing Users with a better service, so the Users authorize the data to be transmitted internationally, as permitted by Chilean law in force for the same purposes already indicated.

Users’ Personal Data will be kept only as long as it is necessary to provide the services. However, and as authorized by the Personal Data Protection Law No. 19,628, Personal Data may be kept indefinitely for the purposes of statistics, machine learning and anonymous analysis; in this way, Users expressly authorize such processing for that specific purpose.

FIFTH: SUPPORT AND EXERCISE OF RIGHTS BY DATA SUBJECTS.

Users, in their capacity as owners of their personal data, and in accordance with the rights granted by Law No. 19,628 on the protection of private life and its subsequent amendments, may exercise their rights of access, rectification, deletion, limitation, portability and opposition, in accordance with the applicable legal provisions on data protection. Specifically, they will be able to:

i) Request access to the data relating to your person, its origin and recipient, the purpose of storage and the identification of the persons or bodies to whom your data are regularly transmitted;

ii) Request the modification or rectification of your personal data when they are erroneous, inaccurate, equivocal or incomplete;

iii) Request the deletion or cancellation of your personal data when its storage lacks a legal basis or is out of date, unless there is a legal exception;

iv) Request the temporary suspension of any processing operation of their personal data when the USERS have voluntarily provided their data or they are used for informative communications and do not wish to continue appearing in the respective registry temporarily or permanently, or when the accuracy of the personal data cannot be established or whose validity is doubtful and in respect of which the cancellation does not apply;

v) Object to your personal data being used for the purposes of advertising, market research or opinion polls.

To exercise any of these rights, Users may contact BRANDLEX by sending an email to the following e-mail address: info@brand-lex.com.

SIXTH: COMMUNICATIONS BETWEEN BRANDLEX AND USERS.

BRANDLEX may send Users reminders, surveys, newsletters, push messages and marketing and information campaigns in general, in order to offer the best experience on the Platform, as well as to communicate offers or discounts for its products or services. Users may unsubscribe from such communications by express request by sending an email to info@brand-lex.com. Likewise, Users consent that, in particular cases, an agent or representative of BRANDLEX may contact them via telephone or email, WhatsApp or any other channel, in order to receive help to complete processes, to better understand how the Platform works, or simply to be informed of any product or attribute of the Platform.

SEVENTH: OWNERSHIP OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

Subject to compliance with this AGREEMENT, BRANDLEX grants Users a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access to and use of its Platforms, and for the sole purpose of using the services; (ii) access to and use of any content, information, and related material that may be made available through the Platform or services. All contents of the Platform are the intellectual property of BRANDLEX, or in respect of which BRANDLEX has granted rights of use, such as logos, trademarks, trade names, slogans and other indications of origin associated with BRANDLEX.

The publicly accessible content present on the BRANDLEX website may be used by Users for non-commercial purposes. Prior written authorization from BRANDLEX is required for commercial use.

EIGHTH: INFORMATION REGARDING UNDERAGE USERS.

Both the BRANDLEX website and the BRANDLEX Platforms are not intended for underage children, and therefore BRANDLEX does not knowingly collect personal information from Users who correspond to minors.

NINTH: USERS’ ACCEPTANCE OF THESE TERMS.

When creating an account using a Registration Form and configurations of the BRANDLEX AI LABS PaaS or SaaS, or register on the BRANDLEX website to place an order, subscribe to a newsletter, respond to a survey, or fill out a form, Users signify their acceptance of these Terms and Conditions.

TENTH: CHANGES TO THESE TERMS AND CONDITIONS.

BRANDLEX shall have the discretion to update these Terms and Conditions at any time. If this occurs, it will be revised and updated accordingly. Users may request this information directly from BRANDLEX and/or check the https://www.brand-lex.com website to be informed about it.

If Users do not agree with the new conditions, they may request the deletion of their account at no cost by sending an email info@brand-lex.com. The continued use of the Platforms or BRANDLEX website after the publication of changes to these Terms and Conditions will be considered as the Users’ acceptance of such changes, without prejudice to the fact that their consent may be expressly required.

ELEVENTH: PROTECTION OF BRANDLEX SAAS, WEBSITE AND PLATFORMS.

For the sole purpose of safeguarding the security of the SaaS, the website, the systems and Platforms available to BRANDLEX, the latter reserves the right to block any suspicious and/or malicious access that may affect the security and continuity of its Platforms. To this end, BRANDLEX will constantly monitor the IP addresses that enter its systems, blocking access to those that present potential risks.

TWELFTH: PROHIBITIONS ON THE USE OF THE PLATFORM AND WEBSITE.

Users expressly agree that they may not:

i) Reproduce, modify, distribute, license, lease, resell, transfer, publicly display or perform, transmit, retransmit, distribute, license, lease, resell, transfer, publicly display or perform, transmit, retransmit or otherwise exploit the Platform and/or the BRANDLEX website, except as expressly permitted in these Terms and Conditions, or with the prior written authorisation of BRANDLEX.

ii) Hack, decompile, reverse engineer or disassemble the Platform and/or the BRANDLEX website; Link, mirror or frame any part of the Platform and/or the BRANDLEX website; Cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise performing data prospecting from any part of the Platform and/or the BRANDLEX website, or overloading, unduly blocking the operation and/or functionality of any aspect of the Platform and/or the BRANDLEX website; Attempt to gain unauthorized access to the data contained on the Platform and/or the BRANDLEX website, or damage any aspect of the Platform and/or the BRANDLEX website or its related systems or networks; o Assist, cooperate, or advise others to carry out the actions listed above.

THIRTEENTH: DISPUTE RESOLUTION/MEDIATION AND ARBITRATION.

Any difficulty or controversy that may arise between BRANDLEX and the Users regarding the application, interpretation, duration, validity or execution of this CONTRACT or any other reason will be submitted to mediation, in accordance with the Mediation Procedural Rules of the Arbitration and Mediation Center (CAM) of the Santiago Chamber of Commerce (CCS), in force at the time of request.

In the event that the mediation is unsuccessful, the difficulty or controversy will be resolved by arbitration in accordance with the Arbitration Procedural Rules of the same Center, which are in force at the time of request. The parties confer a special irrevocable power of attorney on the Chamber of Commerce of Santiago A.G. (CCS), so that, at the written request of either of them, it may appoint an arbitrator from among the members of the arbitration body of CAM Santiago.

No appeal may be lodged against the arbitrator’s decisions, and the parties expressly waive them. The arbitrator has special authority to resolve any matter relating to his or her competence and/or jurisdiction.

FOURTEENTH: JURISDICTION AND DOMICILE.

This CONTRACT shall be governed in accordance with the Laws of the Republic of Chile. For all legal purposes, the Parties establish their domicile in the city of Santiago de Chile, expressly waiving any other jurisdiction.

GUALET SpA

https://www.brand-lex.com
Badajoz Nº 100, Oficina 820, Las Condes, Santiago de Chile, RM