Terms and Conditions
General Provisions
- These terms and conditions of use, hereinafter referred to as the “Terms and Conditions,” apply to the use of the contents and services (hereinafter the “Content” or “Service,” respectively) of the platform (hereinafter the “Platform”) exclusively owned by BONETE.APP (hereinafter “BONETE”). Any individual (hereinafter “User”) wishing to access and/or use the Website may do so subject to these Terms and Conditions.
- The User acknowledges having read, understood, and accepted these Terms and Conditions, made available to them at all times, prior to using the BONETE platform. IF THE USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS AND DOES NOT ACCEPT THEM, WHICH ARE MANDATORY AND BINDING, THEY MUST REFRAIN FROM ACCESSING AND/OR USING THE BONETE PLATFORM. BY ACCESSING AND/OR USING THE BONETE PLATFORM, IN ANY WAY, THE USER IS ACCEPTING THESE TERMS AND CONDITIONS.
- BONETE may update or make changes to these legal terms, so it is recommended and suggested that the User periodically review and verify this Agreement for updates to stay informed about the terms governing the use of the Platform. The User’s continued use of the Platform after BONETE makes any changes is considered acceptance of such changes.
- The use of the BONETE platform may only be carried out by individuals who have the legal capacity to contract as established by current legislation. Individuals who do not have such capacity may not use the BONETE platform. Access to the Services for the purpose of monitoring their availability, performance, or functionality, or for any other comparative or competitive evaluation purpose, or as restricted by this Agreement is prohibited. Direct competitors of BONETE (or external agents acting on behalf of such direct competitors) are prohibited from accessing the Services.
Scope of Services
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- BONETE is a digital platform aimed at offering an innovative modular solution that covers the concept of a web solution allowing for increased efficiency in event management, cost reduction, time savings, and improved communication.
- These Terms and Conditions of Services are mandatory and binding to enable access to the services, thus constituting a legal contractual bond between the User and BONETE.
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User Obligations
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- The User understands and accepts that access to the services incurs a cost, so they must contract the service according to their requirements. Exceptionally, we will provide DEMO or TRIAL accesses that may be free, with temporary limitations, so that potential interested clients can experience the system’s functionalities.
- The User is responsible for maintaining the confidentiality of their Account password and all activities that occur under their Account.
- The User may not use another User’s Account at any time.
- The User declares that all information provided to BONETE to create and keep their Account valid is authentic, complete, and current and that they have not impersonated the identity of third parties.
- The User guarantees and is responsible, in any case, for the truthfulness, accuracy, currency, and authenticity of the entered personal data.
- The User understands that all User Content added, created, uploaded, modified, deleted, sent, and/or distributed through the platform is the sole responsibility of the User. In this regard, BONETE shall not be liable for any errors or omissions in any part of the User Content.
- The User understands and accepts that all User Content accessed when using the platform is at their own risk, and they shall be solely responsible for any damage or loss that may occur to the User or others as a result.
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Content and Intellectual Property
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- The intellectual property of all assets related to BONETE, including source code, brand, logos, denomination, among others, is owned by BONETE, registered with the corresponding authorities. In the event of third-party claims to the User regarding the licenses or rights of use of the Platform, the User must notify BONETE within 24 hours in order to defend the brand and rights of the company.
- For the purposes of these Terms and Conditions, “Content” shall include, among other things, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features added by BONETE to the platform.
- BONETE grants a license to the user, internationally, revocable, limited, non-exclusive, non-sublicensable, and non-transferable, to use the Services during the applicable License Term according to the contracted service, limited for internal use within their organization.
- The user declares and warrants that they own all rights to the User Content and/or have the right to grant the licenses granted in this agreement to BONETE and its respective suppliers, licensees, successors, and assigns.
- The user shall retain all rights, ownership, and permissions over their contents, and no clause in this agreement shall modify or limit such ownership. However, to normally provide our services, the user agrees to grant the necessary legal permissions in order to carry out the necessary treatments on that content. Such user information may refer to any data, code, video, image, or other content of any kind that is uploaded, sent, or otherwise transmitted to or through the platform.
- The user grants BONETE a non-exclusive, transferable, non-assignable, international, royalty-free license to collect, use, copy, store, transmit, modify, and create derivative works from their data, solely to the extent necessary to provide the services, as well as to develop and improve existing or future products or services of BONETE.
- The user grants BONETE the ability to use part of their data in aggregated, anonymous, and generic form for marketing purposes; surveys; and comparative evaluation purposes, in the review and development of current and future Products and Services, use of Products and Services, and other similar purposes (“Aggregated Data”). Aggregated data: (a) will only be used for internal development within the company and as a source of general usage statistics of the services; (b) does not identify the user or any individual; and (c) to the extent that such Aggregated Data is disclosed, it will only be disclosed in a generic or aggregated manner for the purpose of sharing the use of the Product or Services and for statistical or comparative evaluation purposes. Aggregated data will not be considered confidential user information.
- Any use of the Content not expressly permitted by these Terms and Conditions constitutes a breach of the Terms and Conditions and may violate intellectual property laws. BONETE reserves all rights not expressly granted in these Terms and Conditions.
- With respect to User Content, the individual originating such content bears sole responsibility. BONETE cannot guarantee the authenticity of User Content, except for the Content provided by BONETE.
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Privacy and Information Security
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- BONETE reserves the right to take any and all actions as it deems necessary or reasonable regarding the security of the platform and its Account information.
- BONETE uses internationally accepted information security techniques in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. However, the user accepts and understands that we cannot guarantee that our security processes will be error-free, that data transmissions will always be secure, or that unauthorized third parties will never be able to breach our security measures or those of external service providers.
- BONETE undertakes to take reasonable and appropriate information security measures to ensure the confidentiality of the data. In no case will BONETE access or use user data independently or unilaterally, but rather access and processing of such data will always be done automatically under the user’s instructions and/or with authorization granted by the user to carry out specific operations or tasks (for example, special support cases).
- BONETE performs periodic backups, keeping such copies for a reasonable period, to the extent of available technical possibilities. Backups will only be made for user accounts that have commercial licenses for platform use, not applying to other types of licenses (free trials, trials, freemium, etc.). Deleted User Content may remain in backups for a reasonable period of time, although it will not be available to third parties.
- The user understands and accepts that, for the proper and adequate provision of the contracted services, BONETE must process the information indicated by the user, including personal data. The user understands and accepts that the processing of personal data will be carried out in accordance with what is stipulated in our Privacy Policy.
- BONETE, as well as the partner if applicable, and the user, understand and agree that each party shall be responsible for complying with the obligations arising from the current national and international regulations on the protection of personal data applicable to them, especially in compliance with BONETE’s Privacy Policies.
- The parties undertake to maintain all received information and to which they have access in strict confidentiality, committing not to use the information under their control for any purpose other than that established in this agreement, under the following conditions:
- It is strictly prohibited to disclose and/or transfer to third parties any information that has been obtained or known during the activity subject to this agreement, as well as any use of the information for one’s own benefit, or for any purpose other than that corresponding to the service being agreed upon under this agreement.
- The obligation of confidentiality absolutely encompasses all information that the parties process, manage, store, or otherwise exist, and this includes accounting, financial, operational, statistical, administrative, agreements, or any other type of relationship with other entities, services, and policies of the parties.
- All the information referred to in the previous clauses, and for which confidentiality is required, may be contained in any type of medium typical of electronic or digitized information, as well as in books, letters, memoranda, records, sheets, and any other document or communication, as well as papers or any other type of physical support, including waste or discarded items.
- The aforementioned confidentiality obligation also covers any information, of the aforementioned types, that may be obtained, accessed, or known in the exchange between both parties, and that is not contained in any medium.
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Links
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- The link to the platform, either in whole or in part, must be made in accordance with current legislation and the rules of good faith, in such a way as to not imply unfair competition or injury to the rights of BONETE, with the latter reserving the right to take action if otherwise. Likewise, BONETE reserves the right to disable unauthorized links or structures.
- The platform includes links to sites owned and/or managed by third parties in order to facilitate access to information available on the Internet.
- BONETE assumes no responsibility arising from the existence of links between the Content of the platform and content located outside of it or any other mention of external content; their link does not imply sharing the opinions reflected in them and respects the intellectual property rights that their authors may possess. Access to other sites is the sole responsibility of the User.
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Disclaimer of Warranty
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- Except as required by law, the User acknowledges that BONETE has no control or obligation to take any action regarding: which Users have access to the platform; what Content is accessed through the Site; how the Content may affect the User; how the User may interpret or use the Content or what actions the User may take as a result of being exposed to the Content. For these reasons, BONETE is hereby released from all liability resulting from acquiring or not acquiring Content through the platform. BONETE shall not be liable for the accuracy, truthfulness, correctness, legality of the Content of the platform, or accessible through it. The User understands that BONETE, in no way, investigates the User of the platform, nor checks their background or attempts to verify their background or statements. BONETE makes no representations or warranties regarding the User’s conduct or the truthfulness of the information and/or User Content. In no event shall BONETE be liable for any damages, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising from the conduct of the User or third parties for which it should not be held responsible, in connection with the platform, including, but not limited to, physical harm, moral harm, and damages resulting from the use of it.
- WE TRY TO KEEP THE PLATFORM RUNNING, ERROR-FREE, AND SECURE, BUT THE USER SHOULD KNOW THAT THEY USE IT AT THEIR OWN RISK. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL ALWAYS BE SECURE OR ERROR-FREE, NOR THAT IT WILL ALWAYS FUNCTION WITHOUT INTERRUPTIONS, DELAYS, OR IMPERFECTIONS. BONETE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND HEREBY WAIVES BONETE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY DEMAND OR DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM THE USER MAY HAVE AGAINST SUCH THIRD PARTIES.
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Limitation of Liability
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- BONETE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM INFORMATION LOSS OR DAMAGE, DELAYS, INTERRUPTIONS THROUGH THE USE OF THE PLATFORM, MALWARES OR SYSTEM OR LINE FAILURES, LACK OF AVAILABILITY AND/OR CONTINUITY OF THE PLATFORM, OR FOR THE USE THAT USERS MAKE OF IT AND IN PARTICULAR, BUT IN NO WAY LIMITED TO, FAILURES IN ACCESS, DISSEMINATION, AVAILABILITY, DELETION, ALTERATION, MODIFICATION, OR MANIPULATION OF THE DATA, PAGES, APPLICATIONS, AND/OR CONTENT THAT USERS STORE, RECEIVE, OBTAIN, OR ACCESS THROUGH THE PLATFORM. LIKEWISE, BONETE IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY THE LOSS, INACCURACIES, OR DETERIORATION OF PUBLISHED INFORMATION NOR FOR THE CONTENTS OR SERVICES PROVIDED THROUGH THE PLATFORM.
- The user understands and accepts that BONETE merely provides a software tool that operates under the user’s instructions, therefore it shall not be liable for any misuse, inappropriate, or illegitimate use of the tool. The user agrees to indemnify BONETE for any damages, including attorney’s fees, that it may suffer as a result of improper or illegitimate use of the services.
- The user understands and accepts to ensure the legitimacy in accessing, collecting, and processing any type of personal data processed in the context of the provision of services, being solely responsible for any claims by third parties regarding such processing, and explicitly exempting BONETE from any claims. In this sense, the user understands and accepts that they will be solely responsible for analyzing the legal basis justifying the collection and processing of data on the recipients in accordance with the applicable legislation.
- Under no circumstances shall BONETE be liable to the User for any liability or damages arising from the User’s use of the platform, the use of Account information, or the release of Account information by the User to a third party.
- The User agrees to indemnify BONETE, its officers, directors, employees, and partners, including attorney’s fees, against any third-party claims based on the use of the platform and/or its Content or for violation of these Terms and Conditions and/or any applicable legislation.
- In all cases, the settings made are the responsibility of the Users. This agreement does not create any partnership, agency, franchise, or employment relationship between BONETE and the User. BONETE cannot ensure that a User will comply with their obligations or verify the identity or personal data entered by Users.
- In all cases, the User is solely responsible for the accuracy and truthfulness of the data entered into the Platform, and therefore BONETE is not liable for such data.
- By using the platform, the User agrees that all Content accessed is at their own risk and they will be solely responsible for any damage or loss that may occur to them or others as a result.
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Termination of Contract
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- BONETE reserves the right to cancel or suspend the Account in the event of the User’s breach of any of the clauses of these Terms and Conditions.
- If the User wishes to terminate access to the Account, they may do so at any time, with any outstanding debt for the use of services remaining – if applicable.
- All clauses of these Terms and Conditions, which by their nature should survive termination, will do so, including, among others, clauses of ownership, warranty disclaimers, indemnity, and limitations of liability.
- BONETE reserves the right to cancel or suspend the Account in the event of the User’s breach of any of the clauses of these Terms and Conditions.
- If the User violates any of these Terms and Conditions, the permission to access and use the Content is automatically revoked, and the User must delete and/or cease using the platform, without any right to compensation.
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Applicable Law and Jurisdiction
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- These Terms and Conditions shall be governed in all respects by the laws of Argentina. Any dispute arising from these Terms and Conditions, their existence, validity, interpretation, scope, compliance, or non-compliance, shall be submitted to the Courts of the City of Santa Fe.