Terms and Conditions

Last updated: November 20, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Country refers to: Colombia

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to INVENCIONES TECNOLOGICAS DANESCO S.A.S, Calle 1c # 19a2 - 11, Valledupar.

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

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.

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

• Website refers to Apvendi, accessible from https://apvendi.app

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

Services

Apvendi (“The Company”) provides a platform for the establishment of online stores in the form of digital showcases and a marketplace, and those directly or indirectly derived services.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

The Company does not guarantee a 100% Service Level Agreement (SLA). The Company acknowledges no direct risks associated with its services as an eCommerce platform. However, indirect risks may arise from inadequate usage by customers or consumers, forbidden content, false information, or untrusted links to external sites. The Company limits its liability in these instances, restricting its responsibility to disabling those stores which fail to comply with the terms of service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Trial Period

To mitigate liability issues, all paid plans offer a 1-month trial period. This allows customers to evaluate the service and determine its suitability for their requirements. Following this trial period, The Company assumes no liability related to product convenience and adequacy.

The determination of the suitability of the product must be made by the user taking advantage of the trial periods provided in each subscription plan, times sufficiently adequate to establish the convenience and adaptability of the product to their specific requirements.

Improvement policy

The Company reserves the right to implement or not implement new functions, features or improvements suggested by customers, according to its own policies and improvement plan.

Service Interruptions

In the event of service interruptions, The Company’s liability is limited to the amount paid in the subscribed plan.

Dispute Resolution

Disputes regarding the service must be initially reported to our support team. If the customer remains unsatisfied with the resolution, they may escalate the situation to government entities authorized in the respective country.

Legal Compliance

The Company adheres to laws or regulations that vary according to the country where the service is provided. The Company’s coverage is restricted to countries of the American continent, excluding those forbidden by the United States or other international agreements.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

No availability for European Union (EU) Users

Apvendi services are available only to American countries. The service is not available for other continents, including European Union countries, Asia, Africa and Oceania.

The service is also not available in countries subject to international legal, judiciary or economic restrictions.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Payment of add-ons to the plan

Certain premium plans allow capacity expansion beyond those allowed in the plan in order to facilitate adjustment to the customer's scale without the need to purchase a new plan. The addition of more premises, products, employees or visitor capacity is allowed. These additions or add-ons are charged monthly, even for annual plans, and are included in the invoice for the following period. In the event that the invoiced value is less than the minimum payment amount, as could occur in annual payment plans, the extra items are stored in a database where they will accumulate until the derived value equals or exceeds the minimum collectible amount, at which time an invoice will be generated even if the annual period has not been completed.

Eligibility for refunds

Eligibility for refunds depends on the payment period. In all plans, the user has a one-month trial period to determine the suitability of the service and exercise a withdrawal if their requirements are not satisfied, before subscribing or incurring any payment. For plans with monthly payments, the right to refund does not apply, but rather the user suspends their subscription and decides to return to the free plan or abandons the service. For plans with annual payments, customers can request a refund within the first six (6) months of use, which will be prorated based on the remaining months of use. No refunds will be processed after this period.

Refund Amount

The refund amount may be subject to deductions due to bank or processing fees. Consequently, the final refund amount may not equate to 100% of the paid or prorated value. Refunds will not be processed if the fees exceed the refundable amount or if the resulting value is lower than the minimum amounts processable by banking institutions. Additionally, no refunds will be processed for complementary or associated services that have already been performed or fulfilled.

Refund Method

Refunds will be processed in accordance with the customer’s instructions to the accounts specified by them.

Refund Request Process

Customers may request a refund via the designated area within the Billing section of the platform. This area also allows customers to track the status of their refund request. The refund process is automated to the greatest extent possible, eliminating the need for additional contact or messaging.

Local Government Policies

The terms of the refund policy may be subject to modifications in compliance with local government policies in each country.

Service features

Special subdomains

Subdomains that correspond to city names will be subject to reservation by Apvendi, either for its own use or for delegation to state entities, so the detection of a subdomain use that complies with the city category may lead to the modification of the subdomain by the Company, prior notice to the client.

The same may occur with other subdomains that correspond to official national or international entities or private companies with registered names that claim or request the reassignment or restitution of the subdomain for their official benefit.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: support@apvendi.app