Terms and Conditions - bintelligenz

Terms and Conditions of Use of the Site

(Version effective September 2021)

This agreement describes the general terms and conditions (the “General Terms and Conditions”) applicable to the use of the services offered by Tixcon S.A., a company incorporated under the laws of Uruguay (the “Services”) on www.bintelligenz.com (hereinafter referred to as “the Site” or “Bintelligenz”). Anyone wishing to access and/or use the Site or the Services may do so subject to Bintelligenz’s General Terms and Conditions, together with all other policies and principles governing Bintelligenz, which are incorporated herein by reference.

ANY PERSON WHO DOES NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS AND/OR ANY OF THE OTHER POLICIES, ADDENDA AND PRINCIPLES GOVERNING BINTELLIGENZ, WHICH ARE MANDATORY AND BINDING, SHOULD REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

01 – Capacity

The Services are only available to persons who have the legal capacity to contract (hereinafter, the “User”, or in plural, the “Users”). The Services may not be used by persons who do not have such capacity, minors or Bingelligenz Users who have been temporarily suspended or permanently banned. To register a User as a Company, it must have sufficient capacity to contract in the name and on behalf of such entity as well as to bind such entity under the terms of this Agreement.

02 – Registration

The registration form must be completed in all fields with valid information in order to use the services provided by the Bintelligenz Site. The future User shall complete it with his/her personal information in an accurate, precise and true manner (“Personal Data”) and undertakes to update the Personal Data as necessary. You agree that Bintelligenz may use various means to identify your personal information, and you agree to review and update your personal information. Bintelligenz is not responsible for the accuracy of the User’s Personal Information. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of their Personal Data.

Bintelligenz reserves the right to request additional proof and/or information to corroborate the Personal Information, as well as to temporarily or permanently suspend Users whose information cannot be confirmed.

The User will access his/her personal account (hereinafter, the “Account”) by entering his/her nickname and chosen personal security key (hereinafter, the “Security Key”). The User agrees to maintain the confidentiality of his/her Security Key.

The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. If Bintelligenz detects different Accounts containing matching or related data, Bintelligenz may cancel, suspend or disable them.

The User will be responsible for all the operations carried out in his/her Account, since the access to the same is restricted to the entry and use of his/her Security Code, of exclusive knowledge of the User. You agree to immediately notify Bintelligenz by an appropriate and reliable means of any unauthorized use of your Account or access to your Account by unauthorized third parties. You may not sell, assign or transfer the Account for any reason whatsoever, unless expressly authorized by Bintelligenz.

Bintelligenz reserves the right to reject any registration request or to cancel a previously accepted registration without obligation to disclose or explain the reasons for its decision and without any right to compensation or damages.

03 – Modifications to the agreement

Bintelligenz may modify the General Terms and Conditions at any time by posting the modified terms on the Site. All amended terms shall become effective 10 (ten) days after their publication. Such changes will be communicated by Bintelligenz to the users who have declared in their Bintelligenz Account Settings that they are associated with their user profile. Any user who does not agree with the changes made by Bintelligenz may request the termination of his or her Account.

Use of the Site and/or its Services implies full acceptance of these General Terms and Conditions.

04 – Information Privacy

In order to use the Services offered by Bintelligenz, Users are required to provide certain personal information. Your personal information is processed and stored on servers or magnetic media that maintain high standards of physical and technological security and protection. For more information about the privacy of Personal Data and cases in which personal information will be disclosed, please refer to our Privacy Policy.

05 – System or Database Violations

No action or use of any device, software or other means to interfere with the activities and operation of Bintelligenz is permitted. Any intromission, attempt or activity in violation or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the responsible party liable to the pertinent legal actions, and to the penalties provided for in this agreement, as well as to indemnify the damages caused.

06 – Sanctions. Account Suspension

Without prejudice to any other measures, Bintelligenz may warn, temporarily suspend or permanently disable a User’s Account, initiate any action it deems appropriate and/or suspend the provision of its Services if (a) you violate any law or any of the provisions of the General Terms and Conditions and other Bintelligenz policies; (b) if it breaches its commitments as a User.

7 – Responsibility

Bintelligenz shall not be liable for the contracting capacity of the Users or the accuracy of the Personal Information provided by them. Each User acknowledges and agrees to be solely responsible for the information uploaded and/or actions taken on the Site.

8 – Scope of services

This agreement does not create any partnership, agency, franchise or employment relationship between Bintelligenz and the User. Bintelligenz cannot ensure that a User will make proper use of the Site nor can it verify the identity or Personal Information entered by Users.

9 – System failures

Bintelligenz shall not be liable for any damages or losses incurred by the User as a result of system or Internet failures. Nor shall Bintelligenz be liable for any viruses that may infect the User’s computer system as a result of accessing, using or browsing its website or as a result of any transfer of data, files, images, text, images, text or audio contained therein. Users will NOT be able to impute any responsibility or demand payment for loss of profits, by virtue of damages resulting from technical difficulties or failures in the systems or in the Internet. Bintelligenz does not guarantee continued or uninterrupted access to or use of its site. The system may be unavailable due to technical difficulties, Internet failures or other circumstances beyond Bintelligenz’s control; in such cases, Bintelligenz will endeavor to restore the system as quickly as possible without any liability on its part. Bintelligenz shall not be liable for any errors or omissions contained on its website.

10 – Rates. Billing

Registration on the site is free of charge. User shall pay Bintelligenz only when subscribing to Bintelligenz services.

Bintelligenz reserves the right to modify, change, add, or delete the current rates at any time, which will be notified to Users in the manner set forth in Section 3. However, Bintelligenz may temporarily modify the Pricing Policy and the fees for its services due to promotions, effective when the promotion is made public or the announcement is made.

Bintelligenz reserves the right to take any judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due.

In the event that charges have been billed that do not correspond, the User should contact our Customer Service team to resolve the issue.

11 – Intellectual property. Links

Bintelligenz reserves all rights, including intellectual and industrial property rights, associated with the services, its website, the contents of its screens, programs, databases, networks, codes, development, software, architecture, hardware, content, information, technology, integration phases, functionalities, domains, files that allow the User to access and create its Account, trademarks, patents, copyrights, industrial designs and models, trade names, among others, and declares that they are protected by national and international laws in force.

In no case shall it be understood that the User shall have any kind of right over them. Any improper or unlawful use of Bintelligenz’s intellectual property rights or reproduction in whole or in part is prohibited without the express written permission of Bintelligenz.

The site may contain links to third party websites. Since Bintelligenz has no control over such sites, it shall not be liable for the content, materials, actions and/or services provided by such sites, nor for any damages or losses arising directly or indirectly from the use of such sites. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by Bintelligenz of those sites and their content.

12 – Indemnity

You shall indemnify Bintelligenz and its officers, directors, officers, successors, successors, administrators, representatives and employees from and against any claims by other Users, third parties or any Agency relating to your activities on the Site, your compliance and/or non-compliance with the General Terms and Conditions or other Policies, as well as with respect to any violation of any laws or rights of third parties.

13 – Exhibits

The following Bintelligenz documents and/or sections incorporated by reference, which detail policies and/or terms and conditions of various services offered on the Site, are an integral and inseparable part of the General Terms and Conditions. These may be consulted within the site through the link provided below or by accessing the corresponding pages directly:

14 – Jurisdiction and Applicable Law

This agreement shall be governed in all respects by the laws in force in Uruguay. Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, shall be submitted to the jurisdiction of the ordinary courts of the City of Montevideo.

15 – Address

The domicile of Tixon S.A. is fixed as Acevedo Diaz 960, Montevideo, Uruguay.