1. PARTIES
This Terms of Use Agreement (the "Agreement") is entered into between:
Vexta (or the "Provider"), with legal domicile in Argentina, and the company or legal entity that contracts the services (the "Customer").
If the contract is made on behalf of a company, the signatory declares having sufficient authority to represent and bind it.
2. PURPOSE
Vexta provides a software-as-a-service (SaaS) platform oriented toward analysis, diagnosis, automation, machine learning models, and technical reporting, primarily for the energy industry.
Services are provided according to the contracted plan (the "Services").
3. LICENSE OF USE
- Limited, non-exclusive, non-transferable, and revocable license.
- No intellectual property rights are transferred.
- Sublicensing, reselling, or assigning Services is prohibited.
- Reverse engineering or decompilation is prohibited.
- Using Services to provide services to third parties without authorization is prohibited.
4. ACCESS AND CREDENTIALS
- The Customer will receive credentials to access the platform.
- Customer is responsible for their confidentiality and proper use.
- Any action performed with said credentials is considered performed by the Customer.
- Vexta will not be responsible for unauthorized access resulting from negligence.
5. FEES, BILLING, AND SUSPENSION
- Services are provided under monthly or annual subscription.
- Customer must pay fees on time and in full.
- Non-payment may result in suspension or permanent termination.
- Data may be deleted after a 120-day retention period.
- Changes or adjustments will be notified with 15 days' notice.
6. AVAILABILITY (SLA), UPDATES, AND MAINTENANCE
6.1 SLA
Vexta will endeavor to provide 99% monthly availability, excluding:
- scheduled maintenance,
- failures in AWS or Bubble.io,
- Customer connectivity issues,
- force majeure events.
6.2 Updates
Vexta may incorporate improvements, technical changes, and patches without prior notice.
6.3 Maintenance
Scheduled interruptions will be notified when possible.
7. PRIVACY, SECURITY, DATA, AND CONFIDENTIALITY
7.1 Customer Data
Customer retains ownership of their data.
7.2 Security
Vexta will apply reasonable security measures.
7.3 Incident notification
Vexta will notify relevant incidents within 72 hours from detection.
7.4 Data protection
Both parties will comply with applicable data protection legislation.
7.5 Transfer and storage
Data may be stored inside or outside the country.
7.6 Confidentiality
All technical, commercial, or operational information will be treated as confidential.
8. THIRD-PARTY SERVICES (AWS AND BUBBLE.IO)
- The service partially depends on Amazon Web Services (AWS) and Bubble.io.
- Vexta does not guarantee or control the availability of said services.
- Failures of said providers will not be attributable to Vexta.
9. INTELLECTUAL PROPERTY
- Software, models, algorithms, trademarks, and documentation belong to Vexta.
- Customer does not acquire ownership rights.
- Customer may not use trademarks or distinctive signs without authorization.
10. DATA EXPORT AND PORTABILITY
- Customer can request data export in CSV or JSON.
- After termination, Customer can request export within the 120-day retention period.
11. LIMITATION OF LIABILITY
11.1 Nature of service
Services are provided "as is" and "as available."
11.2 Exclusions
Vexta will not be liable for:
- indirect damages,
- data loss,
- loss of profits,
- business interruption,
- decisions based on reports or analysis.
11.3 Liability limit
Vexta's total liability will not exceed the equivalent of one (1) month of service.
12. SUPPORT
- Support provided via email and enabled channels.
- Estimated response time: 48 business hours.
- Operating hours: Monday to Friday, 9:00 AM to 6:00 PM (GMT-3).
13. INTERNATIONAL COMPLIANCE
Parties commit to complying with applicable standards of integrity, anti-corruption, and business ethics.
14. FORCE MAJEURE
No party will be responsible for breaches resulting from events beyond their reasonable control.
15. DURATION AND TERMINATION
- Agreement comes into effect upon Customer acceptance.
- Automatic monthly or annual renewal.
- Customer can request termination with 15 days' notice.
- Vexta may terminate for serious breaches.
- After termination, data is retained for 120 days.
16. MODIFICATIONS TO THE TERMS
Vexta may modify the Terms by notifying Customer at least 15 days in advance. Continued use implies acceptance.
17. APPLICABLE LAW AND JURISDICTION
This Agreement is governed by the laws of the Argentine Republic.
Jurisdiction: Ciudad Autónoma de Buenos Aires (CABA).
18. MISCELLANEOUS
- Partial nullity does not affect the rest of the Agreement.
- Customer declares having read and understood the Agreement.
- Use of the service implies total acceptance.