Terms and Conditions

⚡Subject to the terms of this agreement, the company undertakes to make commercially reasonable efforts to provide customers with the Cabex platform service through 2 ways: Installed on our servers, or on our client servers.


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Terms and Conditions

1. SAAS SERVICE AND SUPPORT

  1. Subject to the terms of this agreement, the company undertakes to make commercially reasonable efforts to provide customers with the Cabex platform service through 2 ways: Installed on our servers, or on our client servers. As part of the registration process at Cabex, the customer will receive a master username and password with which he can manage his account and have control to create other accounts with different levels of access from his profile
  2. Subject to the terms of the agreement, the company provides the customer with support in connection with the use of the Cabex service.

2.- RESPONSIBILITIES AND RESTRICTIONS

  1. The Client is not authorized (either directly or indirectly) to reverse engineer, decompile, disassemble or attempt to discover the source code, object code or underlying structure, ideas, know-how or relevant algorithms, documentation or data relating to the software ("Software") underlying Cabex; The customer is not authorized to modify, translate, or create derivative works of the services or any software within Cabex (except to the extent expressly permitted by Abcdroid, the company that markets the licenses of this product); The customer can not remove any proprietary notices or labels unless he receives express authorization from Abcdroid. With respect to the software that is distributed to the customer, the company grants a set of exclusive and non-transferable licenses, not sublicensable to be used during the term of the contract.
  2. In addition, the customer will not be able to commercialize the licenses of the product nor confidential information of the same. Any reproduction, publication, execution, display, or disclosure of confidential information (commercial software documentation) on Cabex is prohibited, except to the extent expressly permitted by Abcdroid.
  3. The Client represents, agrees and guarantees that the Client will use the services only in accordance with the policies published by the company in the terms and conditions or contract in force at the time (the "Policy") and all applicable laws and regulations. The Client undertakes to maintain the commitments and policies of this agreement, thus avoiding any damage, loss, search of responsibilities and expenses in relation to any claim or action arising from an alleged violation of the above.
  4. The client shall be responsible for obtaining and maintaining all necessary ancillary equipment and services to connect, access and / or use the platform services, including, without limitation, modems, hardware, servers, smartphones, software, operating systems, networks, Web servers and the like (collectively "Equipment"). The client will also be responsible for maintaining the security of the computer, the client account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the client account or computer with or without the knowledge or consent of the Client.

3.- CONFIDENTIALITY: PROPRIETARY RIGHTS

  1. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or will disclose information, technology or information deemed to be material to the Disclosing Party's business (hereinafter "Proprietary Information" " of the disclosing entity).
  2. The receiving party agrees to: (i) take reasonable precautions to protect such confidential information, and (ii) not use (except in the performance of services or as permitted herein) to disclose to any third party any property.
  3. The Client will own all rights, and interests on the data of its client account. The Company shall possess and retain all rights and interests to (a) develop improvements to the Services and Software, or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Implementation Services Or support.
  4. The company shall have the right to collect and analyze data and other information related to the provision, use and performance of the various aspects of services and systems and technologies (including related, without limitation, information relating to Clients data and the data derived from them), and the company freely (during and after the term of the same) to improve and increase the services and for the development of others, for diagnostic and corrective purposes in relation to services And other offers from the company.

4.- REGISTRATION AND LICENSE PAYMENT

  1. The Client will pay to the company the agreed amounts (initial configuration and personalization of mobile customers) and the monthly payments for driver's licenses applicable at the time and that are described in the order form of the services of the platform and according With the terms of this document. In case the customer requires a new functionality that does not exist on the platform, he must submit an application by mail, then go through a technical feasibility evaluation, if approved, the Client agrees to pay the additional fees in the manner provided for at cost Issued by said additional activities. The company reserves the right to change the applicable fees or rates. To establish new charges, the client will be notified sixty (60) days in advance (information can be sent by email). If the Customer believes that the company has invoiced incorrectly, the customer may contact the company no later than 60 days after the closing date of the first statement of account in which the error or problem appeared, in order To receive an adjustment or credit. The queries must be made through the customer service web of the company.
  2. Within 5 business days after receipt of the invoice by the Client, 5 business days are defined to make the payment. The delay in payment is subject to a financial charge of 1% of the total per week of delay on any outstanding balance.
  3. In the search for simplification of the payment process will be implemented in the next versions automatic payment by card, construction and access to these new functionalities will not represent any charge for the customer.

5.- DURATION AND TERMINATION

  1. Subject to termination of the contract, and as provided below, this agreement is for the term of services provided. In our servers has a duration of 1 month and is renewed automatically on a monthly basis, when on the client server it is renewed according to what both parties agree.
  2. In addition to any other scenario that may arise, either party may terminate this Agreement sixty (60) days in advance (or without notice in case of failure to make payment in the case of the client, or if a party breach any of the terms or conditions of this agreement) The Client will pay for all of the services provided up to that time including the last day of the services rendered. In case of termination, the company will provide a period of 7 days for the recovery of data through the existing reports on the platform. Thereafter the company can, but is not required to, delete data from stored customers.

6.- WARRANTY AND RESIGNATION

  1. The Company will make all reasonable efforts consistent with applicable industry standards to maintain services in a manner that minimizes errors and disruptions to the Services and enforces implementation services in a professional and efficient manner. The services may not be temporarily available for scheduled maintenance or non-scheduled emergency maintenance, either by the company or by third party suppliers, or due to other causes beyond the reasonable control of the company, but the company will do all Reasonable efforts to give prior notice in writing or by email of any scheduled service interruption. However, the company does not guarantee that the Services will be uninterrupted or free of errors; Nor makes any guarantee as to the results that may be obtained from the use of the Services. The service is presented as is as defined in this section.
  2. In case the interruption of services exceeds the period of 24 hours, the company will recognize compensation for disconnection after 24 hours, for the total number of hours at a cost of $ 5 per hour.

7.- LIMITATION OF LIABILITIES

  1. The Company and its suppliers (including but not limited to all equipment and technology providers), employees, partners, representatives, contractors and employees shall not be LIABLE FOR ANY PURPOSE OF THIS AGREEMENT OR TERMS AND CONDITIONS relating to such services under any Contract, negligence, strict liability or other theory: (A) OF ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF ACQUISITION OF GOODS, SERVICES, TECHNOLOGY OR LOSS OF BUSINESS; (B) INDIRECT, incidental, special or consequential damages; (C) FOR ANY MATERIAL outside the reasonable control of the company.

8.- OTHERS

  1. If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary for this Agreement to remain in full force and effect and enforceable. This Agreement is not assignable or transferable to third parties by the Customer, except with the prior written consent of the company. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes any prior written and oral agreements, communications and other statements relating to the subject matter of this Agreement, and that all waivers and amendments must be in a Signed by both parties, unless otherwise specified. No agency, association, joint venture, or employment is created as a result of this Agreement and Customer has no authority whatsoever to bind the company in any respect. In any action or proceeding to enforce the rights under this Agreement, the winning party shall be entitled to recover the costs and attorneys' fees. All notices under this Agreement shall be made in writing and shall be deemed to have been duly given when received, if delivered in person; When the reception is confirmed electronically, if transmitted by fax or email; The day after it is shipped, if it is sent for next-day delivery by the next-day delivery service recognized; And upon receipt, if sent by certified mail, with acknowledgment of receipt.
  2. This agreement is governed by the laws of the Peruvian Government.