Legal

Terms and conditions

Contents

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1. Identification of the provider

These Terms and Conditions govern the use of the services provided by XPLOUSE (hereinafter, “Xplouse”), a company registered in the Matrícula Mercantil of the Cámara de Comercio de Bogotá, with domicile in Bogotá D.C., Colombia.

2. Acceptance of the terms

Access to and use of the services of Xplouse implies full and unconditional acceptance of these Terms and Conditions. If you do not agree with any provision, we ask you to refrain from using our services.

3. Description of the services

  • Consulting and implementation of enterprise artificial intelligence systems.
  • Design, development and deployment of conversational agents and multi-agent systems.
  • Automation of workflows and document processes through AI.
  • Strategic consulting for the AI-First transformation of organizations.
  • Training and support in the adoption of AI technologies.

4. Obligations of the user

  • To provide truthful, complete and up to date information.
  • To use the services in accordance with the law, morality and public order.
  • Not to interfere with or attempt to breach the systems, networks or infrastructure of Xplouse.
  • To respect the intellectual property rights of Xplouse and of third parties.
  • To keep access credentials confidential.
  • Not to use the services for illegal or fraudulent purposes or for purposes that infringe the rights of third parties.

5. Intellectual property

5.1 Property of Xplouse

All contents of the website and platforms of Xplouse (including texts, designs, logos, source code, algorithms, AI models, interfaces and documentation) are the exclusive property of Xplouse and are protected by the applicable intellectual property laws.

5.2 Property of the customer

The data, documents and information provided by the customer for the provision of the services remain the exclusive property of the customer. Xplouse acquires no rights over such data beyond what is strictly necessary for the execution of the contracted services.

5.3 Models and configurations

AI models trained specifically for a customer with the customer’s data are of shared ownership, as established in the particular contract. The configurations, prompts and workflows developed as part of the Xplouse methodology are the property of Xplouse.

6. Confidentiality

Xplouse undertakes to maintain strict confidentiality over all information provided by its customers. This obligation extends to all team members who take part in the provision of the services and survives the termination of the contractual relationship.

7. Limitation of liability

Xplouse will be responsible for the diligent provision of its services. However:

  • It does not guarantee specific results derived from the use of AI, given that these systems operate probabilistically.
  • It will not be liable for indirect damages, loss of profit or consequential damages.
  • It will not be liable for interruptions caused by force majeure, failures of third party infrastructure providers or actions of the customer.
  • Total liability will be limited to the amount actually paid by the customer for the services contracted in the last 12 months.

8. Service level (SLA)

  • Platform availability: 99.5% measured monthly.
  • Response time for critical incidents: 4 business hours.
  • Resolution time for critical incidents: 24 business hours.

9. Commercial conditions

The specific conditions (prices, terms, deliverables and forms of payment) are established in the commercial proposals and particular contracts. The prices published on the website are informative and may be subject to change.

10. Termination

Either party may terminate the relationship with 30 calendar days’ prior notice. Following termination, Xplouse delivers to the customer all data and deliverables generated, the customer pays for the services actually rendered, and the confidentiality and data protection obligations survive.

11. Governing law and jurisdiction

These Terms and Conditions are governed by the laws of the Republic of Colombia. For the resolution of any dispute, the parties submit to the jurisdiction of the competent courts of Bogotá D.C., without prejudice to alternative dispute resolution mechanisms.

12. Modifications

Xplouse reserves the right to modify these Terms and Conditions at any time. Modifications will be published on the website and will take effect upon publication. Continued use of the services after publication constitutes acceptance of the updated terms.

13. Contact