Conditions for using the Producteca platform and our Privacy Policy: how we process your personal data and what rights you have over it.
Legal notice: All those who access and/or use the services described herein must adhere to the terms and conditions set forth below. The mere act of accessing and using them shall imply the immediate and unrestricted adherence by users to each and every one of the following terms and conditions
These Terms and Conditions (hereinafter the “Terms and Conditions”) are applicable and their acceptance is mandatory for the use of the Producteca site, systems and platforms (hereinafter generically the “Platform”) and constitute a binding agreement. By entering, accessing, browsing or using the Platform, the user thereof expressly agrees to be bound by these Terms and Conditions without any restriction or limitation.
This document also governs the rights and obligations of users and clients (as defined below) in their relationship with Producteca and/or the Platform. Likewise, all policies, pricing schemes, additional documentation, as well as any supplementary or ancillary terms and conditions that may be incorporated in the future shall form part of these Terms and Conditions.
Failure to accept this document in all its terms and in its entirety shall imply the impossibility of using, entering and/or in any way accessing the Platform.
The Producteca Platform comprises the systems and platforms that allow the storage and processing of information intended to carry out integrations of systems within companies such as ERP, WMS, PIM, OMS with online sales channels such as e-commerce platforms and marketplaces. The platform allows the integration of third-party systems to the extent provided by these Terms and Conditions, the synchronization of catalogs, inventories, prices, sales, shipments, invoices, and comprises all of its accesses, functionalities and current features as well as those that may eventually be enabled in the future.
The Platform and all of its associated or linked systems are the property of Producteca, with nothing set forth in these Terms and Conditions implying any case of assignment or transfer of intellectual property, except where expressly indicated.
Any user who enters the Platform or any of the related systems shall be considered a client for the purposes of these Terms and Conditions (hereinafter generically the “Client” or the “Clients” indistinctly), whether such access, entry or use is carried out through the credentials created for that purpose or provided by Producteca, or as guests or mere visitors.
Access to and use of the Platform shall be carried out through the use of the credentials created and provided by Producteca, or those that may eventually be determined and/or enabled, and is conditional upon the correct registration of the Client.
To access and use the Platform, the Client must process registration and enrollment therein, whether done on its own behalf and/or in the name or on behalf of legal entities or entities of ideal existence, in which case it must guarantee and prove that it is duly authorized.
In all cases, in order to complete the corresponding enrollment and registration process, the Client must provide all the data, information and/or documentation required for that purpose, which must consist of truthful, complete and up-to-date information. Producteca may, at its sole discretion, reject the enrollment or registration of those Clients who do not properly comply with the requirements established for that purpose.
Clients accept and acknowledge that Producteca may use various means for their identification, including requiring additional documentation and/or information, being responsible in all cases for the truthfulness, accuracy, validity and authenticity of the data they provide for the purposes of registration and/or use of the Platform. The registration process inevitably requires the full acceptance without reservation of these Terms and Conditions.
Once the aforementioned registration has been carried out, the Client will be granted an administrator user account which will allow it to access the Platform and the contracted functionalities, and which in turn will allow it to create additional users subject to the functionalities of the contracted plan.
Each Client is responsible for maintaining the confidentiality and security of its credentials, accesses, passwords, as well as all activities carried out in its Platform account, and is responsible for all operations carried out through its account, given that access thereto is restricted to the entry and use of the access credentials, which are of the exclusive, personal and non-transferable knowledge of the Client. In this regard, the Client undertakes to inform Producteca immediately of any suspicion, or confirmation, of unauthorized access or use of its account, as well as third parties’ knowledge of the access credentials.
Registration shall imply on the part of the Clients the express acceptance of the receipt of communications from Producteca by any means reported, including by telephone or email, as well as communications channeled through the Platform, which shall have a reliable character, with the Client assuming the commitment to log in periodically for such purposes.
It is prohibited to use third-party accounts or to assign access to the account in ways that are not expressly authorized by Producteca. Producteca may cancel, suspend or disable, at its discretion, those accounts that it considers do not fully comply with these Terms and Conditions and/or that may pose a vulnerability to the Platform.
The purpose of the Platform is to allow Clients to offer their products and services through their integration with the various e-commerce channels (hereinafter the “Channels”) based on the availabilities and the contracting carried out by the Client.
Upon contracting the activation of the Producteca Platform services, the Client will be enabled with a temporary and limited license or right of use of the Platform, non-exclusive, non-sublicensable and non-transferable, exclusively to access and make use of the Platform to the extent permitted in these Terms and Conditions and only over the contracted functionalities. All rights not granted by these Terms and Conditions to the Client are expressly reserved by Producteca. It is expressly established that the Client shall not obtain any property right over the Platform or over its contents, in whole or in part, which shall remain in their entirety under the full ownership of Producteca. The Client may not make any use of the Platform, whether in whole or in part, in any way that is not expressly permitted by these Terms and Conditions. The right and license granted for the use of the Platform are limited to the functionalities thereof that are permitted and contracted, with the data and information that the Client uploads or provides to the Platform remaining the property of the Client.
The entry, registration, access and/or use of the Platform shall be subject to these Terms and Conditions, together with all other regulations, policies and principles of the Platform that are incorporated herein by reference and/or are incorporated in the future.
Clients expressly accept and acknowledge that the sole purpose of the Platform is to facilitate the connection between the Clients and the Channels, as well as between the Clients and their potential customers, eventually creating a direct commercial relationship between the Clients and their own accounts in the Channels, as well as between Clients and their own customers and users. In this regard, the Clients expressly accept and acknowledge that Producteca does not provide messaging, transport or logistics services, nor does it participate in the production of the products or services that are displayed, marketed and/or managed through the Platform. Under no circumstances may the existence of any link or technical, legal or any other kind of subordination be considered between Producteca and the Clients, nor between Producteca and the Channels used by the Clients, nor between the users and/or customers of the Clients. Likewise, Producteca is not a party to the purchase and sale or service provision operations that may be agreed upon within the framework of the Platform between the Client and its users, customers, and/or any third party. Any claim or requirement in this regard must be channeled and assumed by the corresponding Client, who expressly declares its full responsibility. In all cases, the Clients produce and/or market their products and/or provide their services on their own account and at their own risk, releasing Producteca from all liability in this regard.
Clients acknowledge and accept that the Platform and its related services may be hosted on servers located in the United States of America, Europe or other jurisdictions, as determined by Producteca and its storage service providers. Consequently, Clients agree to submit to the regulations applicable in such jurisdictions, including but not limited to local regulations, data protection laws, and the terms and conditions of the hosting service providers and other related services that Producteca contracts for the storage or operation services of the Platform. Such jurisdictions may have privacy, data storage, and other regulations different from those of your country of residence, which may also be applicable within the framework of the use of the Platform.
Clients undertake to use the Platform solely for lawful purposes and in accordance with current legislation, these Terms and Conditions, and any additional policy, regulation or requirement that Producteca may establish. By using the Platform, the Client agrees not to carry out, promote or permit any of the following actions, directly or indirectly: a) Disseminate, upload, store or transmit content that is illegal, offensive, fraudulent, misleading, defamatory, obscene, violent, discriminatory or that encourages unlawful, illegal or immoral activities; b) Promote or carry out unlawful acts, that violate any applicable law, or infringe the rights of third parties, including intellectual property, privacy or confidentiality rights; c) Interfere, attempt to interfere or disrupt the proper functioning of the Platform through cyberattacks, including but not limited to denial of service (DDoS) attacks, exploitation of vulnerabilities, or introduction of viruses, trojans, worms, spyware, ransomware or any other malicious code; d) Circumvent, disable or interfere in any way with the security, authentication or protection measures of the Platform; e) Overload or cause excessive use of the technical resources of the Platform, such as bandwidth, storage or processing capacity; f) Systematically collect data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Producteca; g) Use the Platform to falsify, conceal or misrepresent the identity of the Client or the origin of any content or communication; h) Engage in fraudulent activities, including but not limited to identity theft (phishing), pyramid schemes, investment scams or any other form of economic or social manipulation; i) Copy, reproduce, modify, distribute, create derivative works, decompile, disassemble, reverse engineer or attempt to extract the source code of the Platform; j) Use it to infringe the intellectual property rights of Producteca or of third parties, such as registered trademarks, copyrights, patents, industrial designs, trade secrets, or any other protected right; k) Send unsolicited mass communications (spam) or any content that may be considered abusive, misleading or that does not comply with applicable laws or agreements, including using the Platform in a manner that violates the service policies of third parties with which the Platform is integrated or may be integrated in the future, or any other related service provider; l) Implement automations, bots, or scripts that access the Platform in an unauthorized manner or in violation of these Terms and Conditions; m) Make improper use of the Platform services including support services; n) Circumvent or attempt to circumvent any measure designed to prevent or restrict access to the Platform or to any part thereof; ñ) Use the Platform in any manner incompatible or inconsistent with any applicable legislation or regulation, as well as with the provisions established by Producteca for that purpose.
Clients may not market the Platform nor assign or transfer under any title its use and/or accesses to third parties and/or on behalf of third parties, except where such Clients have previously obtained the written consent of Producteca, through their express designation by Producteca as agents or resellers of the Platform (hereinafter the “Agents”).
Except to the extent expressly indicated otherwise in these Terms and Conditions or where the Client obtains a special, prior and written authorization from Producteca, the Client may not: a) download, use, copy, create derivative works of, or modify the Platform or any part thereof; b) transfer, sublicense, lease, lend, rent or distribute the Platform to any other person or entity; or c) use the Platform unlawfully, for any unlawful purpose, or in any manner contradictory or inconsistent with these Terms and Conditions.
Producteca reserves the exclusive right, at its sole discretion, to: a) determine the functions, services, products, software or other tools that will be available for the Client’s use through the Platform; and b) add, modify or remove any content, material and/or functionality available on the Platform at any time and for any reason. For example, Producteca may modify the settings and/or appearance of any part of the Platform or any element thereof, remove, modify or add services or features of the Platform, all without prior notice. Likewise, Producteca may provide periodic updates, new versions, features and improvements of the Platform or of any other element thereof.
Clients expressly authorize Producteca, its affiliated companies, those belonging to its same business group and/or in any way related, to: a) present the use and implementation that the Client makes of the Platform whether at Producteca’s points of marketing including newsletters, case studies and success stories, marketing campaigns, advertising messages, events, blogs, merchandising and on its website, social networks and third-party sites; b) identify the Client as a Client of the Platform on Producteca’s websites, its social networks, in press releases, events, merchandising, and in other types of marketing options; and c) publish the description and/or success stories highlighting the implementation that the Client has made of the Platform.
Unless otherwise agreed by the parties, the Client shall not be entitled to any compensation as a result of the aforementioned use in any Producteca promotion. Those Clients who do not wish Producteca to exercise the rights described in this paragraph must notify Producteca in writing. Upon receipt of such notification, Producteca will initiate a process to cease exercising such rights that have been initiated prior to said notification, within a period that is commercially reasonable under the particular circumstances of such use.
By using the Platform, Clients grant Producteca a non-exclusive, worldwide, royalty-free, irrevocable and transferable license to collect, store, analyze and process all information entered, transmitted or generated through or by means of the Platform, including, but not limited to, transaction data, sales volumes, usage patterns, performance metrics and any other data related to the Clients’ operations. Producteca may use this Information exclusively for legitimate purposes, such as the preparation of statistical reports, market analysis, continuous improvement of services, development of new functionalities and generation of aggregated or anonymized data that do not allow the Clients or their own customers to be directly identified. Such reports or data may be shared with third parties, but always in a format that prevents the identification of confidential or personal information of the Client or of its own customers. Clients acknowledge and accept that this collection and use of the aforementioned information is essential for the provision of the service and to improve the Clients’ experience on the Platform. However, any Client that does not wish its information to be used for these purposes must expressly notify Producteca through the specific tools enabled on the Platform for that purpose. In the event that the Client chooses not to allow the use of its information for the preparation of statistical reports, such Client will not be able to benefit from the reports generated by Producteca, nor will it have access to comparative data, industry metrics or any other type of analysis based on the information collected from multiple users and Clients. The use of the information shall always be subject to compliance with Producteca’s Privacy Policy, which ensures that the Client’s data will be treated securely and in accordance with the applicable regulations on data protection.
Producteca reserves the right, but is not obligated, to: a) Monitor the Platform and the use thereof by the Clients in search of violations of these Terms and Conditions; b) Take the corresponding legal measures against anyone who, at Producteca’s sole discretion, breaches these Terms and Conditions; c) At Producteca’s discretion and without limitation, deny, restrict the access or availability, or fully or partially disable any access of Clients that breach or may breach these Terms and Conditions or any applicable Producteca policy, including also the possibility of canceling accounts; and d) Take all the measures it deems appropriate within the framework of the administration of the Platform, in order to facilitate the proper functioning thereof.
In the same sense, and without prejudice to any other provision contained in these Terms and Conditions, Producteca reserves the right to take any measure, at its sole discretion and without notice or any obligation, to limit access to and/or use of the Platform in whole or in part, including but not limited to suspending or canceling the Client’s access to the Platform immediately and deleting user accounts as well as any content or information of the Client, upon the detection or suspicion of improper use, also being able to require the Client to implement the appropriate corrective modifications as reasonably required and determined by Producteca, and likewise Producteca reserves the right to investigate and, where appropriate, take legal measures against the Client for violations of these Terms and Conditions or any applicable regulation, and cooperate with the competent authorities in the investigation of any illegal activity carried out through the Platform.
The Platform is offered in the paid recurring monthly subscription modality, or in those that may eventually be established, which may be modified by Producteca at its sole discretion.
The contracting of the services offered by the Platform, through any mechanism including electronic commerce processes, entails the execution of a binding agreement between Producteca and the Client, which implies the full acceptance of these Terms and Conditions.
All payments must be made through the methods enabled on the Platform, among which may be included credit cards, bank transfers or other electronic payment systems. The Client undertakes to pay punctually the fees and charges associated with the use and contracting of the Platform and any ancillary service, as indicated in the plans and prices in force at the time of contracting and any subsequent modifications, with Producteca reserving the right to modify the prices and their periodicity, as well as the name and functionalities of the contracted services. The Client must download the invoices directly from the section of the Platform intended for that purpose, and submit through the same means the documentation evidencing the payment and any tax withholdings that may apply.
Payments must be made within the period indicated on the invoice or according to the agreed schedule. In the event of a delay in payment, Producteca shall apply default interest calculated at five percent per month on the amount owed, or the greater percentage applicable by law if lower, without prejudice to other legal measures and/or those permitted by these Terms and Conditions.
Producteca’s inability to receive the payment required under these Terms and Conditions, for any reason, may result, at Producteca’s discretion, and at its sole discretion, in the non-enabling of the Platform for the period attributed to that payment, with this situation being notified to the Client by email, through the Platform or by any means to be agreed. As a result of such non-payment or lack of access to payment, access to the Platform may be restored or enabled, always at Producteca’s discretion, upon receipt of payment of all overdue and unpaid amounts.
Producteca reserves the right to suspend access to the Platform upon the non-payment of any fee, without prior notice. The non-payment or breach by the Client that persists for more than thirty (30) days shall imply the deregistration of the Client from the Platform, and in this regard Producteca shall be empowered to terminate the provision of any service, deleting from the Platform the Client’s accesses, accounts and information. In the event of regularization of the overdue amounts by the Client after the aforementioned period has elapsed, Producteca does not guarantee the recovery of the information, data or accounts that may have been deleted as a consequence of the default, with the Client assuming full responsibility, vis-à-vis Producteca and/or third parties.
Payments are non-refundable in any case, whether the contracted modality of access to the Platform is canceled or terminated by the will of the Client or of Producteca, for any reason or cause.
The applicable pricing scheme, except for a specific agreement to the contrary between Producteca and the Client for particular cases, shall be as detailed below: a) Implementation cost per project, which shall be calculated based on the hours of dedication of Producteca and/or subcontracted third parties for that purpose; b) Recurring costs of customer success / key account manager assigned according to the contracted package; c) Licensing fee based on i) gross sales per Channel; and ii) according to the quantity and type of users; and d) Where applicable, costs of development hours, administrative expenses, legal expenses, etc. In all cases the prices will be reported by Producteca to the Client prior to the contracting of the Services.
Producteca reserves the right, at its sole discretion and at any time, to modify the fees, prices, compensation schemes, discounts and/or economic conditions applicable to the use of the Platform, as well as to introduce new modalities of consideration. These modifications will be notified to the user at least thirty (30) days in advance through the established communication channels, including, but not limited to, email or notifications within the Platform.
In the event that the Client does not agree with the new economic conditions, it may choose to cancel the Platform services before the modifications come into force. The continued use of the Platform after the effective date of the modifications shall imply the full acceptance of the new prices, fees or compensation schemes. Adjustments to the economic conditions shall not have retroactive effects on payments already made or periods already invoiced.
Producteca undertakes to provide the Platform services in accordance with the agreed parameters and the contracted plan, and in accordance with the service level established in the Service Level Agreement (SLA), which forms an integral part of these Terms and Conditions as “Annex I – SLA”. That document additionally sets out Producteca’s obligations in relation to the timeframes for attention, response and, where appropriate, resolution of incidents, in accordance with the times and based on the severity of the incident and its impact as set out therein. Additionally, in the event of non-compliance with the SLA service levels, the Client shall be entitled to the compensations provided for in that document.
The Platform allows the integration of the Clients’ services through APIs and/or through the mechanisms that Producteca may eventually determine, with various websites, platforms and third-party systems, including but not limited to platforms, services or connections of the Channels or of third parties.
The services, sites and platforms provided by third parties with which the Platform is currently integrated, as well as those that may eventually be incorporated, are provided by third parties unrelated to Producteca. By using such third-party services, sites and platforms, Clients acknowledge and accept to be governed by the conditions of those services for all legal consequences.
Likewise, in all those cases in which the use of the Platform is subject to its integration with the various Channels and/or third-party sites, it is the exclusive responsibility of the Client to guarantee strict compliance with the technical, connectivity and any other requirements demanded by the providers of these services, including but not limited to possessing the necessary accounts and/or accesses and paying the applicable fees imposed by the service providers of the applicable Channels, subscription costs, licenses and/or those that are applicable.
Producteca shall not be responsible for changes, adjustments, interruptions or additional costs derived from the Channels and/or third-party providers of related services. In this regard, Clients expressly waive making any claim against Producteca in this respect.
Clients expressly acknowledge and accept that the use of the Platform’s functionalities may allow actions to be carried out in connection with websites, platforms or systems of third parties that may entail charges or costs to the Clients, including but not limited to listing costs, service charges or others. In this regard, Clients undertake to refrain from making any claim to Producteca in this respect, and likewise release and expressly undertake to hold Producteca harmless from any liability for expenses, charges, amounts or any sum generated through the use of the Platform.
In those cases in which the Platform is not integrated with third-party systems or platforms, Producteca may assist and collaborate with the Clients and/or carry out by itself the initial integration or configuration and/or provide an API so that such third parties integrate with the Platform. This may involve additional tasks and costs that are not included and must be previously agreed between Producteca and the Clients for each particular case, with the understanding that any additional development task will be subject to a quote, budget and specific work order.
Additionally, Producteca may provide quality assurance tools and functionalities, as well as allow the access to and use of testing environments with the aim of enabling the Client to facilitate integrations and carry out evaluations of the functionalities of the Platform and its systems. In all cases the use of these tools and functionalities is the exclusive responsibility of the Clients.
By virtue of the foregoing, Clients accept and acknowledge that the quality assurance activities, as well as the use of the testing environments, are of an auxiliary nature, and in this regard release Producteca from all liability derived therefrom, accepting that any result, recommendation or suggestion must be independently verified and evaluated by the Client prior to its implementation. The Client fully assumes the associated risks, accepting and acknowledging that it must implement the necessary measures for the backup of its data.
Likewise, Clients acknowledge and accept that the Platform, in whole and/or in part, may be integrated with artificial intelligence services with the purpose of providing assistance, automatic responses and/or improvement in interactions or additional functionalities, and whose terms and conditions of use are deemed accepted with the acceptance of these Terms and Conditions, also accepting that these systems may not be under Producteca’s control, for which reason the latter disclaims all liability for that purpose. Clients accept and acknowledge that the additional tools or platforms used may generate inappropriate responses or results, as well as may be subject to occasional technical interruptions, that their continuous availability is not guaranteed, or that security breaches may occur. Notwithstanding the foregoing, Producteca commits its best efforts to take the measures within its reach in order to avoid, or where appropriate mitigate, the occurrence of undesired effects or results.
All intellectual and industrial property rights associated with the Platform, including but not limited to software, source codes, designs, logos, registered trademarks, trade names, texts, images, illustrations, graphics, videos, audios, databases, interfaces, compilations, technical documentation, and any other content provided by Producteca, are and shall remain the exclusive property of Producteca or of its licensors, as applicable. This ownership includes rights protected under national laws, international treaties, and applicable regulations regarding intellectual and industrial property.
Producteca grants the Client a temporary, limited, non-exclusive, non-transferable, revocable and non-sublicensable license exclusively to access and make use of the Platform exclusively in accordance with these Terms and Conditions, and strictly for the permitted purposes and functionalities. This license does not imply any transfer of property nor the granting of additional rights to the Client, except for those specifically indicated in these Terms and Conditions. Clients must give the strictly permitted uses to the Platform. Any unauthorized use shall constitute an infringement of these Terms and Conditions and could result in the immediate suspension of the Client’s access to the Platform, without prejudice to the corresponding legal actions. The Platform may include content, software or components licensed by third parties. Such elements shall remain the property of their respective owners and are subject to the terms and conditions imposed by such third parties. Clients agree to comply with all applicable provisions related to these third-party elements, with Producteca not being responsible for the limitations, restrictions or licenses applicable to third-party content integrated into the Platform, except to the extent that Producteca expressly agrees so with the applicable Clients.
The licenses referred to in the preceding paragraph do not include licenses of any kind over the additional software that may be necessary and/or convenient for the use of the Platform. In this regard, it is the Client’s responsibility to obtain the appropriate computer equipment, hardware and software for the use of the Platform, also being responsible for the operation of such equipment, as well as in the event of incompatibilities between the Platform and any operating system.
It is expressly agreed that the registered trademarks, de facto trademarks, logos and/or any trademark identification or denomination, whether registered or not, graphics, designs, icons, images and content in general found on the Platform, and owned by and/or licensed to Producteca, are subject to copyright, trademark rights and/or other applicable intellectual property rights, and may not be used by the Clients without the prior written permission of Producteca.
In turn, the content of the Platform (hereinafter the “Producteca Content”), including but not limited to all the content intrinsic to the Platform and to Producteca’s websites, source and object codes, and the software that composes them, databases, functions and algorithms designed to make the Platform possible, designs, audio, video, texts, sounds, photographs, graphics and content in general, as well as everything that is not Client Content (as defined below), are the exclusive property of or are licensed to Producteca, and are provided only for the information and use of the Clients with the limitations indicated in these Terms and Conditions, and may not be used, copied, reproduced, aggregated, transmitted, disseminated, displayed, disposed of, licensed, or exploited for any purpose without the prior written consent of Producteca and/or of their respective owners.
For its part, all data and/or content of the Clients that they incorporate in any way into the Platform shall be considered Client content (hereinafter the “Client Content”), including but not limited to information about their products, services, customers and/or transactions. The Client Content shall be considered at all times the property of the Client and/or of their respective owners, without Producteca acquiring any title hereunder, except for the permissions and licenses that are necessary to allow Producteca to comply with its services and with the provisions of these Terms and Conditions.
The Client Content, as well as those data and information in Producteca’s possession, may be stored for the period that Producteca determines, for operational, commercial, legal purposes, as well as to carry out recovery tasks in the event of accidental loss or deletion by the Client, and in compliance with audit requirements, except as otherwise established in the applicable legislation, a specific agreement with the Client or upon request pursuant to the provisions of the Privacy Policy.
Notwithstanding the foregoing, confidential data or information, of a personal and/or sensitive nature, may be anonymized or deleted within shorter periods than those provided herein, when so required by the applicable regulations, the competent authorities or the service providers involved in the processing of such information and/or in compliance with legal obligations. No claim derived from the deletion of information by virtue of the provisions herein shall be enforceable against Producteca.
It is the Client’s responsibility not to share sensitive information or data and/or that which exceeds what is required for the use of the Platform. Producteca shall not be responsible for the involuntary retention of unsolicited sensitive data or data improperly entered by the Client.
The Client may request the deletion of data in accordance with the provisions of the Privacy Policy, provided that such request does not contravene Producteca’s legal obligations or the need to retain such data under legitimate interest.
Producteca and the Clients undertake to maintain the confidentiality of all confidential information exchanged, accessed and/or made available during the use of the Platform by the Clients and after its termination for any reason. All technical, commercial, financial, operational, strategic information, personal data, and any other data or information marked as confidential or that, by its nature, must be understood as such, shall have a confidential character.
Clients irrevocably undertake, in relation to Producteca’s confidential information, which shall include without limitation all data and/or information of Producteca and/or the Platform and/or that they receive and/or to which they access through the use of the Platform, to: i) not disclose it to third parties, (ii) not use it for any purpose other than to fulfill the Client’s rights and responsibilities under these Terms and Conditions, and (iii) maintain it confidentially using the same degree of attention and care that the user uses to protect its own confidential information, which in any case shall not be less than a reasonable degree of care.
At any time during the term of these Terms and Conditions, upon Producteca’s written request, the Client must -at Producteca’s discretion- return or destroy all of Producteca’s Confidential Information in its possession, including any written documents, records or recordings that the Client has prepared based on Producteca’s confidential information to which it has had access or knowledge, with the Client having to provide Producteca with a written certificate stating the complete and full compliance with the provisions of this section.
The Client acknowledges and accepts that Producteca may provide, upon a judicial or administrative requirement of a competent authority, the information contained in or related to the Client’s account in the event that it is so required, without this being considered a breach by Producteca of the provisions indicated in this section.
The use of the Platform is subject to the Privacy Policy, available in the following clause. By using the Platform, the Client consents to the processing of its personal data in accordance with said policy. The personal data provided by the Clients shall form part of the personal database of the Platform. Clients confirm and accept that they give their express prior, express and informed consent so that Producteca may process their personal data fully in accordance with the provisions of the applicable legislation. It is expressly established that Producteca adopts technical and organizational measures to protect personal data, but does not guarantee absolute security. Clients accept and acknowledge that their personal data are transferred and processed on servers located in the United States and/or in Europe.
Producteca does not guarantee access or that the Platform is available at any time or from any location. The information found on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use is contrary to the law or current regulation, or that would subject Producteca to any registration or enrollment requirement in such jurisdiction or country. Consequently, those Clients who access the Platform from locations or sites not provided for do so at their own risk and are responsible for compliance with local laws, releasing Producteca from all liability in this regard.
With respect to the Client Content, as well as all data and information that it provides, includes or in any way integrates into the Platform, including but not limited to information about products, quantities, sales, stock, etc., the Client declares and warrants: a) to be the owner and/or to be duly authorized by their corresponding owners for their use, as well as to have all the licenses, permits and/or rights that are required for that purpose; b) that such information and content does not violate nor breach the provisions of these Terms and Conditions nor any applicable law or regulation; c) that all the information is accurate and truthful, with the Client assuming full responsibility in this regard, vis-à-vis Producteca, users, customers, authorities and/or any third party. If Producteca has reasonable grounds to suspect that the information provided by the Client is false, inaccurate, outdated, incomplete or that it in some way breaches the provisions herein, it may immediately suspend temporarily or definitively certain functionalities or the entirety of the Platform, including revoking accesses and denying the use thereof, at Producteca’s discretion, without any liability, with notification to the Client by the means that Producteca provides for that purpose being sufficient for that effect.
a) Data Collection: Producteca collects and processes personal data in accordance with the applicable data protection laws, including, where applicable, the General Data Protection Regulation (GDPR) for Clients of the European Union, or the equivalent regulation that is applicable. The data collected includes information necessary to provide the service, such as name, email address, billing details and others that are strictly necessary.
b) Use of Data: Personal data will be used exclusively to: i) Process transactions and provide the contracted services; ii) Improve and personalize the Client’s experience; and iii) Comply with legal or contractual obligations.
Producteca will not share personal data with third parties except to: i) Comply with legal or contractual requirements; and b) Contract essential services, such as payment platforms or data hosting, always under agreements that guarantee confidentiality.
c) User rights: To the extent applicable in accordance with the applicable legislation, the Client has the right to: i) Access, rectify or delete its personal data; ii) Restrict or object to the processing of its data; iii) Request the portability of its data, to the extent that it is technically feasible and commercially possible, to another provider; iv) File a complaint with a data protection authority if it considers that its rights have been violated.
d) Data Retention: Personal data will be retained only for as long as they are necessary for the purposes described or to comply with legal obligations.
e) Data Security: Producteca implements technical and organizational measures to protect personal data against unauthorized access, loss, alteration or destruction. However, it cannot guarantee the absolute security of the data.
Producteca will provide Clients with access to a Monitoring Center (hereinafter, the “CDM“) as part of the functionalities offered through the Platform. The main function of the CDM is the supervision of active operations and integrations, generating reports on possible incidents, anomalies or interruptions related to the performance of the Platform or the integrations.
All information or reports originating in the CDM have a merely informative purpose, without this implying any liability for the actions, decisions or consequences derived from such information. Producteca may record any incident detected, with it being the Client’s responsibility to consult them on the Platform and/or through the channels enabled for that purpose, it being expressly established that Producteca does not assume any liability for the effects, consequences or damages of any kind that may derive from such incidents or their consequences, including their attention, adaptation or resolution, since these are the responsibility of the Clients. In this regard, from the moment the CDM reports on any incident, it shall be the exclusive responsibility of the Client to evaluate the situation and take the corrective or preventive measures it deems necessary, including, but not limited to, technical adjustments, operational interventions or consultations with external specialists.
Clients accept and acknowledge that the CDM constitutes only a support tool and that it does not replace the active supervision, proactive management and security measures that the Client must implement for the efficient operation of its business.
The Client acknowledges that it uses the Platform and any related service at its own responsibility. Producteca, its affiliated or related companies, representatives, directors, employees and agents disclaim all express or implied warranties, including, among others, those related to merchantability, fitness for a particular purpose, accuracy, security or integrity of the Platform and its contents. Producteca does not guarantee that the Platform is free of errors, that it is accessible at all times, or that incidents will be resolved, given that it is provided “as is” and “as available”.
In this regard, Producteca shall not be responsible for: a) Errors, inaccuracies or omissions in the contents or materials of the Platform; b) Unauthorized accesses to servers or databases, or any loss, alteration or theft of data; c) Interruptions or cessations in the transmission of services or contents; d) Viruses, malware or other harmful elements transmitted by third parties through the Platform; e) Losses or damages of any nature, including direct, indirect, incidental, punitive or consequential damages, as well as loss of income or loss of profits.
In any case, Producteca’s total liability towards the Client for any claim shall be limited to the total amount paid by the Client to Producteca for the concept of “licensing fee” during the three (3) months prior to the claim. The Client accepts that this limitation is an essential element for the determination of the economic terms of these Terms and Conditions.
In turn, Clients undertake to indemnify and hold Producteca, its directors, employees, agents and affiliates harmless against any claim, liability, loss, expense or demand, including legal fees, derived from: a) The use or implementation of the Platform by or at the request of the Client; b) The breach of the terms of these Terms and Conditions; c) Any infringement of the warranties and representations established in this document.
Producteca reserves the right, at the Client’s expense, to assume the defense and control of any claim covered by this indemnity clause. The Client must actively collaborate with the defense of such claims. Producteca will make reasonable efforts to notify the Client of any claim or demand subject to this indemnity clause as soon as it becomes aware of it.
Producteca does not guarantee nor assume any liability for any product or service advertised or offered by Clients and/or third parties through the Platform or other sites accessed through links on the Platform or incorporated into links, banners or images within the Platform. Clients and/or third parties who access them expressly acknowledge and accept that the operations carried out through the Platform are under the exclusive responsibility of the Client and at its own risk. In no case shall Producteca be responsible for any damages that Clients, Channels and/or third parties may suffer due to and/or in relation to the use of the Platform and/or of the products and/or services that may be accessed through it.
The Platform may contain links and/or references to other applications or websites of third parties, with it being expressly noted that these may not be owned or operated by Producteca. The installation of these links or references on the Platform is limited to facilitating for the Client and its customers and users the search for and access to the information available there. Given that Producteca has no control over such applications and sites, Producteca shall not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused to the Clients, Channels and/or third parties by the use thereof. The presence of links to other platforms or websites does not imply linkage, relationship, approval and/or endorsement by Producteca of such platforms, channels, sites, products, services and/or contents. The use of and/or access to them by the Clients shall be at their own risk. Producteca is not responsible for the content, accuracy or authenticity expressed on such sites. Clients acknowledge and accept that, in the event of breach or defective provision by any third party involved, the Client shall only claim against such third party, holding Producteca harmless at all times.
To the extent that the Platform is not offered with guarantees of availability and continuity in its operation, Producteca shall in no case be responsible for any damages that may derive from such availability or accessibility, the interruption in its operation, computer failures, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in data centers or servers; or other damages that may be caused by third parties through unauthorized intrusions beyond Producteca’s control. It is expressly stated that the Platform may contain links to external or third-party sites for various purposes. Such sites are not under Producteca’s control, and may be subject to their own terms and conditions, to which reference is made, with Producteca disclaiming all liability for that purpose.
Producteca takes preventive measures in accordance with industry standards, however by its very nature it is not possible to guarantee the absence of failures, errors, viruses or other elements in the Platform introduced by third parties unrelated to Producteca or unauthorized accesses, which may produce alterations in the Client’s physical or logical systems or in the electronic documents and files stored in its systems. Consequently, Clients are recommended to take the appropriate preventive measures, with Producteca in no case being responsible for any damages of any nature that may derive from the presence of such errors, failures, viruses or other elements that may produce alterations in the physical or logical systems, electronic documents or files of the Client.
Clients declare and warrant, with the acceptance of these Terms and Conditions, that they will hold Producteca and its affiliated and/or in any way related companies, employees, directors, partners, representatives, attorneys-in-fact and agents harmless, against any claim derived from a breach by the Client of any provision contained in these Terms and Conditions, or of any applicable law or regulation, breach or violation of the law in general and of the rights of third parties including, by way of mere example, other Clients and/or breach of the permitted or reasonable use of the Platform.
Producteca shall not be responsible for the breach of its obligations if this becomes impossible, restricted or interfered with for any period of time due to acts of God, force majeure or acts of third parties. In no case shall Producteca be responsible for loss of profits, loss of chance, indirect damage, incidental damage, compensation for non-pecuniary consequences, punitive damage, nor for any other compensable damage that the Clients or any other person may have suffered as a consequence of or in relation to the operations carried out or not carried out through the Platform.
The Client accepts and acknowledges that it must hold Producteca harmless against any dispute between the Client and its users, customers, suppliers and/or third parties, expressly releasing Producteca, its directors, employees, representatives, collaborators and/or related or linked parties, against any claim, demand or litigation, administrative, judicial or of any other kind, that arises or that is in any way related to such conflicts and/or the Platform.
IN NO CASE SHALL PRODUCTECA BE RESPONSIBLE FOR DIRECT, INDIRECT, UNFORESEEN DAMAGES, PUNITIVE DAMAGES OR OF ANY OTHER KIND THAT RESULT FROM ANY ASPECT OF THE USE THAT THE CLIENT OR ITS USERS MAKE OF THE PLATFORM, WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE PLATFORM OR ITS ACCESS, UPON THE INABILITY TO USE THE PLATFORM OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR CANCELLATION OF THE PLATFORM. SUCH LIMITATION SHALL ALSO BE APPLICABLE IN RELATION TO THE DAMAGES INCURRED AS A RESULT OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH AND/OR IN RELATION TO THE PLATFORM OR DUE TO THE INFORMATION INCLUDED IN OR ACCESSED THROUGH IT.
These Terms and Conditions shall remain in full force and effect and shall produce all their legal effects as long as the Client uses and/or accesses the Platform. Any provision of these Terms and Conditions that, in order to fulfill its purposes, must govern beyond the termination or expiration of the relationship between Producteca and the Client, shall be deemed to govern for as long as is necessary to fulfill such purposes.
The Client may request the cancellation of its account at any time, without the need to state a cause, by notifying Producteca through any of the modalities provided on the Platform for that purpose.
Producteca reserves the right to modify these Terms and Conditions at any time. The changes shall be effective upon their publication on the Platform. The continued use of the Platform constitutes the acceptance of the updated Terms and Conditions. In turn, Producteca may, at its sole discretion, inform Clients of modifications through notifications within the Platform and/or through the email provided by the Clients.
It is established that Producteca may suspend or cancel the Client’s access to the Platform, its use and the Client’s accounts, upon breaches or indications of breach of these Terms and Conditions or of the applicable legislation, without the need for prior notification or demand, also reserving the right to claim the damages that the breach has caused.
Upon the occurrence of acts of God or force majeure events, Producteca reserves the right to modify or discontinue, temporarily or permanently, the Platform, or any part thereof, at any time, with or without prior notice. The Client accepts that Producteca shall not be responsible for any modification, suspension or interruption, even definitive, of the Platform, including but not limited to the modification, alteration or suppression of functionalities even those that may have motivated its use by the Client.
Termination does not exempt the Client from prior obligations, such as pending payments for example, nor shall it imply the refund of amounts paid or that are pending payment. The records issued through the Platform shall be considered sufficient proof of the compliance -or possible breach- of the obligations of the Client and of Producteca, it being expressly agreed that they shall have full evidentiary value.
In the event of termination due to breaches by the Client, including but not limited to impediments in collection, or the existence of a debit balance, the Client Content shall be preserved unaltered, with the Client being able to access them after reactivation of its account once the pending payments have been made, as well as those reconnection charges that may eventually be applicable. The Client Content shall remain available for a maximum period of six (6) months from the termination referred to in this paragraph, except for those data and information whose deletion occurs within a shorter period as indicated in these Terms and Conditions. Once the aforementioned period has expired, the Client Content shall be deleted, without this implying any liability for Producteca. Notwithstanding the foregoing, it is expressly established that during the entire term of these Terms and Conditions the Clients may exercise their rights of access and download of the Client Content as indicated in the Privacy Policy.
If any provision or part of a provision of these Terms and Conditions is declared illegal, void or unenforceable by a competent authority, such provision or part of the provision shall be considered separately from the rest of the Terms and Conditions, and shall not affect the validity and enforceability of the remaining provisions.
Clients accept and acknowledge that the acceptance of these Terms and Conditions through electronic means, including but not limited to acceptance clicks, checking of boxes or any other form of digital consent, constitutes a valid, binding and enforceable agreement. By virtue of the foregoing, Clients expressly waive raising any defense based on the electronic nature of these Terms and Conditions or of the acceptance process, or the absence of a physical, handwritten or paper signature. This waiver includes any claim or argument related to the validity, authenticity or enforceability of these Terms and Conditions due to their electronic form or the use of digital acceptance mechanisms.
The interpretation, validity, compliance and any dispute related to these Terms and Conditions shall be governed by the legislation and submitted to the jurisdiction of the competent courts in the jurisdiction corresponding to the Producteca affiliate with which the Client has contracted the Platform services.
The applicable jurisdiction and legislation shall be determined as follows:
All notifications between the Clients and Producteca shall be made through the Platform, or by means of email to the address provided by the Client during registration or its eventual updates. Clients may contact Producteca through the sections of the Platform intended for that purpose, or by email to [email protected]
Priority scheme
| PRIORITY | DESCRIPTION | EXAMPLES | NOTES |
| URGENT | Problems or situations that require immediate attention due to their critical impact on the Client’s operations. |
| The agreed SLAs and the priorities and timeframes indicated are valid for those cases in which Producteca is responsible for the inconvenience and its resolution. |
| |||
| |||
| |||
| HIGH | Significant problems that do not completely paralyze the Client’s operation, but affect important system functions. They need to be resolved with priority because they negatively impact the efficiency of the business. |
| |
| |||
| NORMAL | Queries or problems that affect certain functionalities without stopping the Client’s operations. Their impact is limited and allows the user to continue working while the inconvenience is resolved |
| |
| |||
| |||
| LOW | Requests or problems with minimal or no direct impact on sales operations. They are treated as long-term tasks that do not require immediate solution. |
| |
| |||
| |||
|
Response times
| PLAN | PRIORITY | SLA First response | SLA Response with cause | SLA Resolution | Type of hours |
| ADVANCED | Urgent | 1h | 2h | 5h | Business days / hours |
| High | 3h | 1 day | 1.5 days | ||
| Normal | 3h | 1 day | 3 days | ||
| Low | 3 days | 4 days | 5 days | ||
| INTERMEDIATE | Urgent | 3h | 6h | 1 day | Business days / hours |
| High | 1 day | 1.5 days | 3 days | ||
| Normal | 1 day | 2 days | 4 days | ||
| Low | 4 days | 5 days | 7 days | ||
| BASIC | Urgent | 5h | 1 day | 2 days | Business days / hours |
| High | 1 day | 2 days | 5 days | ||
| Normal | 1 day | 3 days | 6 days | ||
| Low | 8 days | 9 days | 10 days |
Penalty scheme
The system of penalties for non-compliance with SLAs shall be applicable in those cases in which the responsibility for the response and resolution of the incident corresponds to Producteca, and shall be calculated as follows:
SLA compliance: Number of tickets whose resolution time is within the SLA / Total number of tickets.
Note: tickets with lack of response from the Client are not considered, nor cases that have not been escalated to the support team via chat.
Penalties for non-compliance: The measurement will be carried out on a quarterly iteration, and will be valid only when the minimum of support chats is 5. That is, if in a month, for example, only 5 chats are registered, that month will not be considered for the application of penalties.
In all cases the penalties shall be computed as discounts on the licensing fees that the Client is to pay in the month following that in which the corresponding calculations were made.
| % Monthly SLA | Penalty |
| < 90% | 5% |
| < 75% | 10% |
| < 50% | 20% |