This document must be read and understood by those who intend to use the services offered on the web portal https://simetrik.com/. Which describes the general terms and conditions (the "General Terms and Conditions") applicable to access and use of the services offered by the Software as a Service called Simetrik, ("the Tool"). The platform is entirely managed by SIMETRIK (hereinafter SIMETRIK) The Terms and Conditions as well as the Privacy Policies shall apply and shall be understood as an integral part of all acts and contracts that are executed or concluded pursuant to the use of the Tool between the User (Legal Person who has a business relationship with Simetrik), its users (Natural Persons working for the User) and SIMETRIK. These terms and conditions apply to the service provided through the virtual platform https://simetrik.com/ contained in the Tool that offers, without limitation, information of a technical nature, contractual, on products, programs, marketing and other useful information ("Information"); and content, for example, data, text, software, illustrations, documentation on the use of the Tool and other materials ("Content"). SIMETRIK manages, controls, and operates your Tool from different locations and does not guarantee that it is appropriate or available for use in all locations. SIMETRIK products and services may not be available in your locality and may vary by location. If customer uses the Tool, you represent and warrant that you have the necessary authorization from the User to accept these Terms and Conditions and agree to indemnify SIMETRIK from any liability for any breach of these Terms and Conditions.
THOSE WHO DO NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHALL REFRAIN FROM USING THE SITE AND/OR THE SERVICES OFFERED BY THE TOOL. PLEASE NOTE THAT IF YOU DO NOT ACCEPT THE TERMS, THE ACCESS TO SIMETRIK SERVICES AND TOOLS WILL NOT BE GRANTED. THE USER AGREES THAT SIMETRIK RESERVES THE RIGHT TO POST, REVIEW AND DELETE ANY CONTENT OR EVEN TO DEACTIVATE USER ACCOUNTS THAT VIOLATE OUR TERMS AND CONDITIONS IN ITS SOLE DISCRETION.
The registration and enrollment that a User made on the Site https://simetrik.com/ through the creation of its user and password or security key, implies full acceptance of the conditions set forth in the General Terms and Conditions and in the Privacy Policies, so the User will be obliged to expressly comply with them, cannot claim ignorance of such General Terms and Conditions and the Privacy Policy.
It is mandatory to complete the registration form in all the fields with valid and real data in order to use the Tool. The future User must complete it with his email address in an accurate, precise, and true way and undertakes to update the information if required. SIMETRIK may use various means to identify its Users but is NOT responsible for the certainty of the Personal Data provided. The Users guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of the Personal Data entered. SIMETRIK reserves the right to request some additional proof and/or data for the purpose of corroborating the Personal Data, as well as to suspend those users whose data temporarily or permanently could not be confirmed. The Account is personal, unique, and non-transferable and it is prohibited for a User to register or own more than one Account for the use of the Tool. In case different accounts containing matching or related data are detected, they may be cancelled, suspended, or disabled. The User will be responsible for all operations and procedures carried out from his Account, since access to it is restricted to the entry of his user and use of his Security Key, which will be of exclusive knowledge of the User. The User undertakes to notify the administrator of the https://simetrik.com/ portal or the email contacto@simetrik.com, immediately and by suitable and reliable means, of any unauthorized use of his Account, as well as the entry by unauthorized third parties to it.SIMETRIK reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or redress. Accordingly, the User shall be responsible for identifying and authenticating all Users, approving access to the Services by such Users, controlling unauthorized access by Users, and maintaining the confidentiality of usernames, passwords, and account information. By associating Your usernames, passwords, and accounts, and those of Your Users with the Tool, the User accepts responsibility for the timely and correct cancellation of user records that are no longer in use. SIMETRIK shall not be liable for any damage caused by Its Users, including persons who were not authorized to access the Tool but who were able to access it due to the usernames, passwords or accounts were not cancelled in a timely manner on your local identity management infrastructure or Your local devices. The User shall be responsible for all activities that are carried out with His username, password or account or those of Your Users, or as a result of access to the Tool by You or by Your Users and agrees to notify SIMETRIK immediately of any unauthorized use. The User agrees to use all reasonable efforts to prevent unauthorized third parties from accessing the Tool.
The User agrees and accepts not to use or allow the use of the Tool, for any purpose that (i) implies a threat or harassment to any person or causes harm or injury to persons or property; (ii) implies the publication of false, defamatory, harassing or obscene material; (iii) violates privacy rights or promotes intolerance, racism, hatred or harm; (iv) constitutes a violation of intellectual property rights or other proprietary rights; or (v) in any way violates applicable laws, regulations or laws. In addition to any right of SIMETRIK under this Agreement, SIMETRIK reserves the right, but shall not be obliged, to take remedial measures if any material violates the above restrictions, including the removal or deactivation of access to such material or the User. In that case, SIMETRIK shall have no liability to the User, or third parties affected in the event that the User takes such measures. The User will have the exclusive responsibility related to the accuracy, quality, integrity, legality, reliability, suitability, and ownership of the entire information uploaded in the Tool and therefore, agrees to defend and compensate SIMETRIK against any claim arising out of a violation of its obligations under these Terms and Conditions.
During the use period of the Tool and subject to the payment obligations that fall on the User, and unless otherwise provided in these Terms and Conditions, the User will have a limited and not assignable right to use the Tool, including any development made by SIMETRIK delivered to the User as part of the services provided through the Tool. The Customer may allow its users to use the Tool for the contracted purpose and in turn, shall be responsible for such use is made in accordance with the provisions of these Terms and Conditions.The User does not acquire by virtue of the acceptance of the Terms and Conditions any right or license to use the Tool exceeding the scope or duration of the contracted services, since at the end of the provision of the services, the right of access and use of the Tool will also end. Right of use: SIMETRIK grants you a personal, non-exclusive, non-transferable, and revocable license to use the Tool. The User and its users undertake not to reverse engineer, disassemble, or decompile any Confidential Information, prototype, software or other tangible objects provided to them within the framework of the use of the Tool. Anyone using the Tool must follow these Terms and Conditions in a mandatory manner.
The Services under this contract shall be provided during the subscription period, unless suspended or terminated in advance pursuant to this document. Automatic renewal will be made for additional Service periods, unless (i) the User notifies SIMETRIK in writing, at least fifteen (15) business days in advance before the end of the respective service period, your intention not to renew such services provided through the Tool, or (ii) SIMETRIK notifies the User in writing with at least thirty (30) calendar days of its intention not to renew such services provided through the Tool. Once the services provided through the Tool have ended, the User and his users will no longer have access rights to the Tool or use of it. However, the foregoing, and if the User so requests, and for a period of up to 60 calendar days after the end of the respective period of services, SIMETRIK will make its content available to the User for the latter to recover the required information. Regarding personal data and in accordance with the SIMETRIK Data Processing Policy, the information provided by the Holders may remain stored for a period of ten (10) years from the date of the last processing, to enable SIMETRIK to comply with its legal and/or contractual obligations, especially in commercial, accounting and tax matters or any event provided for by law. After that period, all data will be deleted, safely destroyed, or returned, except those data that we are required by law to keep for a longer period. SIMETRIK may temporarily suspend the Account and access to and use of the Tool if the User or its users violate any provision contained herein, in accordance with the reasonable discretion of SIMETRIK and if the services, the Tool or any of its components would be subject to a significant security or functionality threat. In such case, SIMETRIK will notify the User in advance of such suspension at SIMETRIK’s reasonable discretion depending on the nature of the circumstances giving rise to the suspension. SIMETRIK uses reasonable efforts to restore affected Tool services without delay once SIMETRIK determines, in its reasonable discretion, that the situation that gave rise to the suspension has been remedied. Notwithstanding the foregoing, SIMETRIK may terminate the services provided through the Tool, if any of the above causes of suspension are not remedied, by the User and/or his users, within thirty (30) calendar days following the notification sent by SIMETRIK to that effect. Any suspension or termination by SIMETRIK under this paragraph shall not relieve the User of his obligation to make payments under this contract. If either party fails to comply with a substantial term of this Agreement and fails to remedy such breach within thirty (30) calendar days of written notice of such breach, that party shall be deemed to be in default and the party concerned may end the provision of the service under which the breach occurred. If SIMETRIK terminates the provision of the service under the above provisions, the User shall pay within thirty (30) calendar days all amounts outstanding for services, plus taxes and related expenses and you will have access to the content for the time stipulated above. Except for non-payment of the price, the party affected by the non-performance may, in its sole discretion, extend the period of thirty (30) days to remedy the breach provided that the defaulting party continues to make reasonable efforts to remedy the breach. The User agrees that, in the event of a breach under this Agreement, the User may not use the services of the Tool. The provisions that will continue in force after the termination or expiration of this Agreement are those referring to the limitation of liability and others that by their nature are intended to subsist.
The SIMETRIK platform, the Tool, and all material of the website https://simetrik.com/ and its contents, including without limitation texts, data, articles, logos, trademarks, designs, graphics, forms, documents, images, any content in general, source codes, software and any other information contained in the Tool or on the website is the exclusive property of SIMETRIK and is protected by intellectual property rules and international treaties in force in Colombia in this area. The User and his users understand and accept that all the content and material mentioned, among others, is the property of SIMETRIK. Consequently, the User and its users acknowledge that the names and distinctive signs belonging to SIMETRIK, as well as all the information that they come to know in execution of this contract, are the sole and exclusive property of SIMETRIK, in no case may they use them or the name of SIMETRIK or its related companies without the prior written authorization of the same. Any patent, specification, drawing, sketch, model, samples, tools, data, documentation, software or technical or commercial information, trade names, its trademark or distinctive signs appearing on the Tool, as well as the https domain://simetrik.com/, are the exclusive property of SIMETRIK. The User and his users recognize, declare, and accept that the use of the Tool and the services provided do not grant them rights, of any kind, on the distinctive signs, neither on the contents nor on the Tool, thus, they recognize that they will not have the right to claim their property. The contents and materials owned by SIMETRIK may not be copied, modified, reproduced, reused, republished, exhibited, or posted by the User and its users in any form and by any means, including by way of example and without limitation, electronic, mechanical, recordings, photocopies, among others, without the prior written authorization of SIMETRIK. The access, download, transmission or printing of any content or material may be made by the User and his users only for the purposes of the contract and only according to a correct use of the Tool. Consequently, the User and its users may not modify or make creations from the contents and materials of SIMETRIK or all of them, which are published on the platform. The User and its users declare and acknowledge that (i) they may not use the content and/or material of SIMETRIK on any other site, including but not limited to links of SIMETRIK on other websites, with or without the SIMETRIK logo, without prior written permission from SIMETRIK; and (ii) they may not reproduce a mirror site on the SIMETRIK website or part thereof, keep it on other servers or publish it on the internet. The authorizations granted by SIMETRIK to the User and his users, if any, for the use of any kind of intellectual property are exceptional, must be in writing and are of a temporary nature, without extending beyond the validity of these General Terms and Conditions, contract with the User or extensions thereof, if any. These authorizations do not give any right to the User and his users to go beyond what is expressed in this document. Such authorization is limited to the User and its users and does not reach third parties, even if they are subcontractors. If you use the aforementioned contents and/or materials without prior written permission from SIMETRIK, it will constitute a violation of the laws and regulations relating to copyright and intellectual property.Failure to comply with this clause will entitle SIMETRIK to deactivate the User’s Account and Registry and to terminate the provision of services and deny access to the Tool. Only permission to display, copy, distribute and download the Content of the SIMETRIK proprietary Tool is granted, as long as: (a) the copyright legend of the Content is not altered and a note is added indicating that it is being used with permission (for example, "Used with permission"); (b) the use of such Content for personal, non-commercial purposes; (c) such Content is not copied or sent to networked computers, nor published in any medium, except as expressly authorized by valid license or permission on such materials; and (d) no modifications made to the Content. This permission shall be automatically terminated without notification. If the User and its users violate any of the Terms or Conditions of this section, the User and its users must immediately destroy all Content that they have downloaded or printed. This is without prejudice to SIMETRIK’s right to exercise all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual property rights. Any questions related to trademarks and/or use of SIMETRIK content and material must be made directly to SIMETRIK.
Apart from the Registration Data and any other content that the User and its users provide to the Tool, they may send questions, problems, ideas, acknowledgements, comments, messages, posts, feedback, suggestions, plans, images, any type of material. This type of information is understood to be voluntary, non-confidential and without any commitment. The information that the User and his users provide in the tool or to SIMETRIK, may be sent by email or any other means. SIMETRIK has exclusive rights (including all intellectual property rights). SIMETRIK does not own the content that the User sent as described above and has no obligation of any kind in relation to such content. Unless otherwise stated herein or in the SIMETRIK Privacy Policy.
Under this contract, each party may have access to confidential information from the other party ("Confidential Information"). Each party agrees to disclose only such information as is necessary for the performance of obligations under this contract. Confidential Information shall be limited to terms and prices under this Agreement, as well as any information clearly identified as confidential at the time of disclosure. The Confidential Information of one of the parties shall not include information that: (a) is or begins to be in the public domain for reasons other than the other party’s action or omission; (b) was in lawful possession of the other party prior to its disclosure and that the other party had not obtained it directly or indirectly from the revealing party; (c) s legitimately revealed to the other party by a third party without restriction with respect to such disclosure; or (d) is independently developed by the other party. The parties undertake not to disclose the Confidential Information of the other party to third parties other than those mentioned below for a period of three years from the disclosure of the Confidential Information by the disclosing party to the receiving party. However, SIMETRIK will keep confidential the Confidential Information residing within the Tool. The parties may disclose Confidential Information only to those employees, representatives or subcontractors who are required to protect it from unauthorized disclosure in accordance with a level of protection no lower than established under this contract. SIMETRIK will protect the confidentiality of information residing in the Tool in accordance with SIMETRIK’s security practices as defined in the Information Security Policy. Likewise, the processing of Personal Data will be carried out in accordance with the terms of the clause described below. Upon termination of this Agreement of Use or at the written request of Simetrik, the User must cease using the Confidential Information and return or destroy it.
During the provision of the services, SIMETRIK will comply with the Privacy and Personal Data Protection Policy of SIMETRIK, which is available at https:/simetrik.com/. The Privacy and Personal Data Protection Policy is subject to modifications at SIMETRIK’s discretion; however, such modifications will not result in a significant reduction in the level of protection afforded to your personal data provided for the provision of the service. It is the obligation of the parties to report any suspicion of loss, leakage, or attack against the personal information to which they have acceded and/or dealt with on the occasion of this contract, notice to be given once they become aware of such eventualities. All holders of personal data have the following rights: (i) Know, update, and rectify his Information and Personal Data in front of the Data Controller or Data Processor. This right may be exercised, against partial, inaccurate, incomplete, fractionated, misleading data, or those whose Processing is expressly prohibited or has not been authorized; (ii) Request proof of the authorization granted to the Data Controller except when expressly exempted as a requirement for Processing; (iii) To be informed by the Data Controller or the Data Processor, upon request, of the use it has made of your Information and Personal Data; (iv) File complaints with the Superintendence of Industry and Commerce for violations of the personal data protection regime; (v) Revoke the authorization and/or request the deletion of the data when the Processing does not respect the principles, rights and constitutional and legal guarantees. The revocation and/or deletion will proceed when the Superintendence of Industry and Commerce or the competent authority has determined that in the Treatment the Responsible or Entrusted have incurred in conduct contrary to the law; (vi) Access to your Information and Personal Data that have been the subject of Processing, upon request to SIMETRIK, in the terms of the current regulations applicable to it. For queries whose periodicity is greater than one for each one (1) calendar month, SIMETRIK will charge the Holder requesting such information, shipping costs, reproduction and, if applicable, certification of documents; (vii) Obtain a copy of the Personal Data you provided to SIMETRIK in a structured, commonly used and readable format, as well as request the transmission of that personal data to another data controller (Portability); (viii) Request the deletion of Personal Data in certain circumstances, such as: (a) when the data is no longer needed, (b) the data was processed illegally or (c) no longer comply with the legal reason for which they were collected At the time of using the Tool, Users declare that they have read carefully, know, and accept this Personal Data Processing Policy, as provided for in the current regulations applicable to the subject matter. Therefore, in order to register as a User on the platform, you must accept the SIMETRIK Personal Data Processing Policy, a requirement without which you cannot complete the registration. In any case, the authorization requested must be prior to the processing of personal data. The record of the authorization may be recorded in physical or electronic files, provided that the record of the form of authorization, date and time of it can be determined. SIMETRIK shall ensure the proper use of the personal data of minors, ensuring that the laws applicable to them and their best interests are respected in the processing of their data, and their fundamental rights and as far as possible, considering their opinion as Holders. In the event that SIMETRIK discovers that it has inadvertently collected personal data of a minor, SIMETRIK will immediately delete such information Underage children and adolescents may be users of the services offered by SIMETRIK, if they act through, or duly authorized by their parents or those with parental authority or legal representation of the child. In the event that parents or legal representatives of these minors detect unauthorized data processing they may submit their queries or claims to the e- mail datospersonales@simetrik.com
SIMETRIK guarantees that it will provide (i) the services incorporated in the Tool, and (ii) the Professional Services in a professional manner in accordance with the good practices of the service. If the services provided to the User are not provided in accordance with the above guarantee, the User shall notify SIMETRIK in writing thereof, describing the deficiency in the services. SIMETRIK does not guarantee that (i) the services will be provided without errors or uninterrupted, nor that SIMETRIK will correct all errors of the services, (ii) the services will meet your requirements, specifications, or expectations. Accordingly, the User acknowledges that the services may be subject to limitations, delays, and other problems inherent in the use of a Software as a Service. SIMETRIK is not responsible for delays, breaches in shipment, or other damages resulting from such problems. SIMETRIK makes no representations or warranties regarding the reliability, accuracy, completeness, correctness or usefulness of third-party content or service, and assumes no liability arising under or as a result of third-party content or services. In the event of any breach of the guarantee of the services, the only remedy that the User will have and the only responsibility that SIMETRIK shall have will be the correction of the deficient services that caused the breach of the guarantee. In the event that SIMETRIK cannot substantially correct the deficiency in a commercially reasonable manner, the User may terminate the deficient services. SIMETRIK cannot and does not intend to guarantee that: (a) the Tool will operate without interruption, in a timely, safe and error-free manner; (b) the results obtained from the use of the Tool will be truthful and reliable; (c) the quality of the products, services, content, information or any other material purchased or obtained through the Tool will meet your expectations or requirements; (d) any errors on the page will be corrected. The User assumes all risks for any damage or malfunction to his computer equipment or for the loss of information arising from having received content from the Tool, including damages caused by computer viruses. To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions.
Neither party shall be liable for indirect, incidental, special, punitive, or consequential damages, loss of profits or loss of income, data, or use of data. Including, but not limited to, loss of business, income, profits, business image, good credit, of use, data, electronic orders or any other economic benefit and which is a direct or indirect consequence of the use of the Tool, even if SIMETRIK was aware of or could reasonably have foreseen the possibility of such damages occurring, regardless of how they occur, either for breach of contract or for non- contractual conditions (including negligence). SIMETRIK’s total liability for any damages arising under or because of this contract or its order, whether contractual or non-contractual, or of any other nature, shall be limited to the amount initially agreed in the contract with the User. The foregoing shall not include refunds or credits that the User has received from SIMETRIK. The User and its users undertake to release from all liability and indemnify SIMETRIK, its subsidiaries, shareholders, officials, managers, agents, license holders, suppliers, affiliated members and other associates, employees and representatives and keep them in peace and safe from any claims or requests including reasonable attorneys’ fees submitted by any third party and arising out of or consequential to their Content, use or connection to the Tool for your breach of the Terms and Conditions or your violation of the rights of others. To the extent that some jurisdictions do not allow the exclusion or limitation of direct, indirect, or secondary damages, therefore some parts of the above limitation or exclusion may not apply to all Users.
The Parties agree that these terms and conditions shall prevail over any prior agreement and/or agreement, verbally or in writing, concluded between them with respect to the provision of services. If there is any discrepancy between these terms and conditions and any other communication, the provisions of this document shall prevail, but only with respect to such discrepancy.
On the https://simetrik.com/website, the User and his users may find links to other websites through different buttons, links, banners, etc., which are managed by third parties. SIMETRIK does not have the power, human or technical means to know, control or approve all information, content, products, or services provided by other websites to which links are established from https:/simetrik.com/. Consequently, it cannot assume any responsibility for any aspect related to the website to which a link is established from this Portal by way of example and not by way of limitation, on its operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general. The establishment of any kind of link to another third-party website does not imply that there is any kind of relationship, collaboration, or dependence between SIMETRIK and the person responsible for the third-party website.
SIMETRIK may send you notices by e-mail or conventional mail or may place notices or links to them on the Website SIMETRIK always reserves the right to modify, suspend or terminate the Services (or parts thereof), as well as their use or access, without prior notice. SIMETRIK. may also delete or prohibit access to or use of all Information and related files. SIMETRIK shall not be liable to you or third parties for modifications, suspension, or termination of the Services or for loss of related information. SIMETRIK may modify these Terms and Conditions at any time by simply placing the modified conditions on this Website.
Any communication or notification between the parties shall be in writing. Communications that the User and his users must or want to address to SIMETRIK will be made by email addressed to contacto@simetrik.com. The communications that SIMETRIK must or wants to address to the User and its users, will be made by e-mail addressed to the electronic address designated by the User in the registration process.
The User expressly authorizes SIMETRIK to monitor and analyze the behavior and usability of the User and its users in the Tool in order to implement changes, improvements or adjustments that enhance the value generated by this. The monitoring will be carried out by recording, registration and analyzing the behavior of the User and its users with the help of, for example and without limitation, heat maps, recordings of visits for web usability, funnel tracking, form analysis or any other similar method that allows SIMETRIK to monitor the behavior and usability described in this paragraph. The User acknowledges that SIMETRIK will not confer on him any right or expectation on any tangible or intangible property right of SIMETRIK. All analysis derived from the monitored information, under the parameters described above, is original, voluntary and will automatically be the property of SIMETRIK. In effect, SIMETRIK will be free to use the behavior and usability of the User and its users in the manner it deems appropriate and without any obligation to the User. In addition, any development, adjustment, or improvement executed by SIMETRIK to the software "Simetrik", based on any feedback from the User and/or its users will be the exclusive property of SIMETRIK. There will also be no time limit as to the validity of this authorization, nor any geographical specification as to where the monitored behavior and usability can be used. The User shall authorize SIMETRIK to use the information for processing, monitoring, and analysis. SIMETRIK declares that the analysis derived from the information will be used for the continuous improvement of the Service and for the implementation of new functionalities that generate benefits to its customers. The User expressly authorizes SIMETRIK to allow its employees and/or contractors who provide the service described herein, to access the databases, to the data warehouse and/or any tool that stores and processes User information within the scope of the service. The above in order to: i) Provide support for the tool; ii) Update and improve the service; iii) Monitor the behavior and usability of the tool.
SIMETRIK will be obliged to comply with the SLA (Service Level Agreement) agreed with the User or his employer.
By accepting these Terms and Conditions, The User and his users declare and guarantee to SIMETRIK that (i) has read the present Agreement and the Privacy and Data Processing Policy (consulted at the link: https:/simetrik.com/legal?q=privacy_policy) before signing this document and knows the conditions in full; and that (ii) has not entered into, nor in the future enter into, a contract or Agreement, either verbally or in writing, with a third party that prevent or conflicts with the performance of His obligations under these Terms and Conditions.
This Policy is effective from the day of its publication. The latest updated version is May 26, 2022. Santiago Gómez González Legal representative