Privacy Policy, Handling of Information and Personal Data

By accessing the software and registering their data, the client declares that they agree with the terms and conditions of use of the software set forth below, as well as with all laws and regulations that apply to commercial law regarding copyrights, patents, and commercial rights, especially as provided by Law 527 of 1999 on electronic commerce, digital certificates, and digital signatures, Decree 2364 of 2012, Decree 1747 of 2000, by Law 23 of 1982 complemented by Law 44 of 1993, Decision 351 of 1993 on copyrights, and as indicated in Ruling C-662 of 2000 on electronic commerce, digital certificates, and digital signatures; likewise, it will be understood to be regulated by the legislation of the country where this end-user software license agreement will be executed, which in this case is Colombia. If you do not agree to these terms, you are prohibited from accessing or using the software.

LICENSE AGREEMENT:

By subscribing to this agreement, the client receives a license to access and use the software as a service called Itagüe or “SaaS Itagüe,” which refers to the online software solutions in this case called ITAGÜE of the IT MAKERS S.A.S. BIC brand, a private legal entity, headquartered in the city of Ibagué-Tolima-Colombia, which the company makes available to the client for use via the internet. The description of such solutions is made in the corresponding support material and in other documents exposed or attached that are part of this agreement. The support material may include service descriptions, technical data sheets, and tutorials, which will be available to the client through an IT MAKERS S.A.S. BIC or ITAGÜE website. In case of conflict, the support material takes precedence over this agreement.

The terms of this Agreement will become effective when IT MAKERS S.A.S. BIC accepts the buyer’s order, either after the client’s purchase of the service or after the client’s renewal of the service (“Effective Date”), and will remain in effect, unless terminated in accordance with the provisions of this agreement.

The software license does not imply the acquisition and/or purchase of the software. The use of this product is subject to the end-user license agreement established below. The client acknowledges and agrees that the terms and conditions of the license will be mandatory and that IT MAKERS S.A.S. BIC is the beneficiary of them, therefore agreeing that once such terms and conditions are accepted, IT MAKERS S.A.S. BIC will have the right to demand compliance with the license as the beneficiary of this agreement.

It is possible for the client to place orders for the Itagüe software as a service through our website. The validity of each software subscription is established in the corresponding package or offer, and begins to apply from the date on which the software is made available to the client.

Access Rights:

During the term of the service, the Customer may access and use the software as a service in its entirety, in accordance with the corresponding support material and this agreement. The Customer is responsible for complying with the terms of this agreement and the support material.

The customer is responsible for registering their own data and the data of the people they choose to register for the operation of the software. The customer is obliged to obtain the authorization of each user they register, so that, freely, prior, express, voluntary, and properly informed, they allow the collection, collection, storage, use, circulation, deletion, processing, compilation, exchange, treatment, update, and disposal of the data that have been provided and that have been incorporated into the database of IT MAKERS S.A.S. BIC., or in electronic repositories of all kinds that it has. This information is and will be used in the development of the software’s own functions so that the customer can use it in the management of their work.

PAYMENT TERMS:

1. Prices and Taxes: The prices of products and services will be quoted and established in writing in the offer of IT MAKERS S.A.S. BIC, or failing that, on the IT MAKERS S.A.S. BIC or ITAGÜE website. Prices do not include taxes, duties, and charges, unless otherwise provided. In case any type of tax withholding is required by law, please contact an IT MAKERS S.A.S. BIC service representative to agree on the procedure to follow.
2. Invoicing and Payment: The Customer agrees to pay all invoiced amounts. If the Customer does not make the service renewal payments within the corresponding date, IT MAKERS S.A.S. BIC. will have the right to suspend or cancel the ongoing services.

USAGE TERMS:

The customer agrees to comply with the following conditions:

A). Access Responsibility: The customer is solely responsible for accessing and using the services, including all activities and transactions by any authorized user or beneficiary.

B). Responsibility for Usernames and Passwords: The user is solely responsible for maintaining the confidentiality of access information, that is, the user identification and access password to the accounts of their authorized users, and is responsible for all activities that occur in their account.

C). Unauthorized Use Notification: In case IT MAKERS S.A.S. BIC. notices any activity indicating that the Customer’s account or information is being manipulated without authorization, it will immediately inform the Customer.

D). User Information: The customer is solely responsible for the information that its users store on the servers where the software operates. The customer controls their information through their generated link. IT MAKERS S.A.S. BIC. recommends that the Customer, as a user of the software, requests or generates a backup of their information regularly and frequently; the customer and its users agree to comply with legal obligations concerning their information.

E). Usage Rules: This legal agreement between the customer and IT MAKERS S.A.S. BIC. regulates the use that the customer gives to the software. This Agreement, together with the support material, constitutes a complete agreement, replacing any previous agreement between the customer and IT MAKERS S.A.S. BIC. The customer may also be subject to additional terms and conditions that may apply when using affiliated services, third-party content, or third-party software.

F). In the event that any part of this agreement is deemed invalid or unenforceable, that section shall be interpreted in accordance with the applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining sections shall remain in full force and effect between them.

G). Usage limitations: The Itagüe software as a service can only be used for the client’s internal commercial purposes and not for commercialization. Therefore, the client may not perform any of the following actions: (1) exceed any usage limitations identified in the support material; (2) sell, resell, license, sublicense, rent, lease, or distribute the Itagüe software as a service, including it as a service or outsourcing offer, or allow a third party to use any portion of the Itagüe software as a service for their personal benefit, unless expressly provided in the support material; (3) copy or reproduce any portion, feature, function, or user interface of the Itagüe software as a service; (4) hinder or disrupt the integrity or performance of the Itagüe software as a service; (5) use the Itagüe software as a service to upload, send, or store data provided by the client that is obscene, intimidating, defamatory, or illegal or criminal in nature, violate the privacy rights of any third party, infringe or misappropriate intellectual property rights; (6) use the Itagüe software as a service to interfere or damage a third party’s system or environment; (7) access the Itagüe software as a service to create a competitive product or service; or (8) reverse engineer the Itagüe software as a service. (9) The client is responsible for complying with all terms of use of any software, content, service, or website that they upload, create, or access using the Itagüe software as a service.

H). Other software usage conditions: (1) The client is authorized to fully use the software for commercial purposes exclusively within the Colombian territory. (2) The client agrees to comply with all applicable regulations that apply to their use of the software service. (3) The client expressly agrees that the competent jurisdiction, in case of any claim or controversy with IT MAKERS S.A.S. BIC. or related in any way to the use of the software service by the client, shall be the courts in the Republic of Colombia. (4) The non-exercise of any right or provision contained in this agreement by IT MAKERS S.A.S. BIC does not constitute a waiver of such right or provision, nor any other. (5) IT MAKERS S.A.S. BIC shall not be liable for the breach of any obligation contained in this agreement that is attributable to causes beyond its control. (6) IT MAKERS S.A.S. BIC reserves the right to take measures that it deems reasonably necessary or convenient to enforce and/or verify compliance with any part of this agreement. (7) The client agrees that IT MAKERS S.A.S. BIC has the right, without incurring any liability, to disclose any Registration information and/or account information to administrative or judicial authorities that require it in the exercise of their functions, and even to third parties when IT MAKERS S.A.S. BIC deems it necessary or convenient to enforce and/or verify compliance with any part of this agreement. (8) The client agrees that the software service includes security technology that limits their own use of the product. (9) The client will use the product according to applicable usage rules established by IT MAKERS S.A.S. BIC, accepting that any other use of the product may constitute copyright infringement. (10) The client agrees not to access the software service by any means other than through the services provided by IT MAKERS S.A.S. BIC. (11) The client will not access or attempt to access an account they do not have permission for.

NOTIFICATIONS:

IT MAKERS S.A.S. BIC. may notify you regarding the software service by sending an email to the administrator’s email account or by posting a notice on the software service. Notifications will take effect immediately.

Complaints regarding policy violations should be sent to IT MAKERS S.A.S. BIC. at the email address quejasyreclamos@itmakers.com.co. Each complaint will be investigated and may result in the immediate cancellation of services without prior notice.

This license will automatically terminate if the customer violates any of these restrictions and may be reported by IT MAKERS S.A.S. BIC. at any time. After cancelling your view of these materials or terminating this license, you must destroy any downloaded materials you have in your possession, whether in electronic or printed format.

LIMITATIONS AND WARRANTY EXCLUSIONS:

A). In no event will IT MAKERS S.A.S. BIC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profits, or due to interruptions in system operations) arising from the use or inability to use the software on the internet, even if the customer or an authorized representative has notified them orally or in writing of the possibility of such damages.

B). The software is licensed for use under the conditions specified in the support material and this agreement. The customer accepts the risk of using it. IT MAKERS S.A.S. BIC. does not grant any express warranties or conditions. National legislation grants additional consumer rights that this agreement cannot modify. To the extent permitted by local law, IT MAKERS S.A.S. BIC. excludes implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The customer may only obtain compensation from IT MAKERS S.A.S. BIC. for actual direct damages suffered up to the amount of the service cost. The customer may not obtain compensation for any other damages, including consequential, special, indirect or incidental damages, nor for lost profits.

In no event will IT MAKERS S.A.S. BIC., its directors, officers, employees, affiliates, agents, suppliers or principals be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from the customer’s use of the software.

IT MAKERS S.A.S. BIC. will make reasonable efforts to protect the information presented in relation to the software service, but the customer acknowledges that the presentation of such information is at their sole risk and therefore IT MAKERS S.A.S. BIC. is not responsible to the customer for the loss of such information.

IT MAKERS S.A.S. BIC. does not declare or guarantee that the software service will remain free from losses, deterioration, attacks, viruses, interference, hacking, or other security breaches, and IT MAKERS S.A.S. BIC. denies all responsibility related to the above. The customer will be responsible for backing up their own system, including any IT MAKERS S.A.S. BIC. products they have purchased, acquired, or rented.

It is also clarified that:

IT MAKERS S.A.S. BIC. does not commit in any way to ensuring that the customer obtains quality certifications of any regulatory framework they acquire.

Itagüe is not an accounting software. It has a basic cost model that approximates reality.

Itagüe is not responsible for the liquidation of wages or personnel costs under legal parameters such as EPS, HEALTH, ARL, PARAFISCALS, OVERTIME.

The results generated by data analytics will depend on the system’s input from users.

The responsibility for location and geographic points depends on the user.

Revisions and Errata: The materials and functionalities used in the software may include technical, typographical, photographic, logical, and programming errors. Therefore, it is not guaranteed that all the software will behave correctly, and IT MAKERS S.A.S. BIC. reserves the right to make corrective maintenance and improvements to the system’s operation without prior notice, permission, or notification.

Software updates and functions: IT MAKERS S.A.S. BIC. may make updates to the licensed software during the license period. IT MAKERS S.A.S. BIC. reserves the right to demand payment of an additional price for such updates.

Modifications to the terms and conditions of use: IT MAKERS S.A.S. BIC. may review these terms and conditions of use and modify them without prior notice, using an expedited means to notify such modifications.

Intellectual Property: The client accepts that the software service, which includes, among other things, the IT MAKERS S.A.S. BIC. Products, graphics, user interfaces, audio clips, video clips, editorial content, scripts, and software used to launch the software service, contains confidential information and material that is the property of IT MAKERS S.A.S. BIC. and is protected by applicable intellectual property laws and other applicable laws, including, among others, copyright laws. The client agrees not to use that confidential information or material in any way except to use the software service in accordance with this agreement. No part of the software service may be reproduced in any way or by any means, except as authorized by IT MAKERS S.A.S. BIC.

The client agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the software service in any way, and the client will not exploit the software service in any unauthorized manner as well.

IT MAKERS S.A.S. BIC. reserves the right to modify, suspend, or discontinue the software service (or any of its parts or content) at any time with or without notice and will not be liable to the client or any third party if it exercises these rights.

Waiver and Indemnification: By using the software service, the client agrees, to the extent permitted by law, to indemnify and hold IT MAKERS S.A.S. BIC., its directors, officers, employees, affiliates, agents, suppliers, principals, and licensors harmless with respect to any claim arising out of the breach of this agreement, the use of the software service by the client, or any action taken by IT MAKERS S.A.S. BIC. as part of its investigation into a possible violation of this agreement or arising out of IT MAKERS S.A.S. BIC.’s conclusion or decision that there has been a breach of this agreement. This means that the client cannot sue or seek compensation for any damages from IT MAKERS S.A.S. BIC., its directors, officers, employees, affiliates, agents, suppliers, principals, and licensors resulting from IT MAKERS S.A.S. BIC.’s decision to remove or refuse to process any information or content, warn, suspend, or terminate the client’s access to the software service, or take any other action during the investigation of a possible violation or as a result of IT MAKERS S.A.S. BIC.’s decision that there has been a violation of this agreement. This waiver and indemnification provision applies to all breaches described or contemplated in this agreement.

PRIVACY POLICY

IT MAKERS S.A.S. BIC. adopts a personal data processing policy in accordance with Article 15 of the Colombian Political Constitution and the duties contained in Law 1581 of 2012 or the rules that modify, repeal or replace it, with the aim of protecting the privacy of personal information that it obtains or may obtain through the use of software, as well as preserving the confidentiality, security, truthfulness, transparency, access and restricted circulation of information that is stored in its databases. By using the software services, the user acknowledges and accepts that IT MAKERS S.A.S. BIC. may access the information provided by the user and preserve it, as well as disclose it if necessary for legal reasons, or if it is believed in good faith that access, preservation or disclosure of such data is reasonably necessary to: (a) comply with applicable laws, regulations, legal processes or governmental requests, (b) enforce the Conditions, including investigating possible breaches thereof, (c) detect, prevent or otherwise address cases or situations of fraud, security or technical issues (including, but not limited to, spam filtering), or (d) protect against imminent harm the rights, property or safety of IT MAKERS S.A.S. BIC, its users and the public in the manner provided or permitted by law.

Before or at the time of collecting information, IT MAKERS S.A.S. BIC. will identify the purposes for which it is being collected. Therefore, for Itagüe, it is important to request basic information from the person who uses the service and productive data that will allow the system to function properly and generate the reports that the user needs to achieve certification or to efficiently manage the productive unit, as well as to share advertising, updates, maintenance, links, news, events, training, certifications, workshops through text messages, emails, WhatsApp, phone calls, usability and satisfaction surveys, and the generation of statistics.

The information will be collected and used only for the purpose of fulfilling the specified purposes and for other compatible purposes. Personal data will only be kept for as long as necessary to fulfill those purposes. IT MAKERS S.A.S. BIC. will collect personal information through fair and lawful means and, in this case, with the knowledge or consent of the individuals involved. Personal data must be relevant to the purposes for which it will be used and, to the extent necessary for those purposes, must be accurate, complete and up-to-date at the time of registration. Personal information will be protected with reasonable security guarantees against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. IT MAKERS S.A.S. BIC. will ensure that the confidentiality of personal information is protected and maintained.

In addition to the information mentioned above, the following information will be automatically collected:

Cookies. We use cookies to operate and provide our web services, meaning we store cookies so that the control panel functions correctly. Connection and device information. We collect specific information about your device when you install our services. This includes information such as the model, operating system information, and IP address. We periodically collect information about your device’s location. Log of user usage and actions within the system Third-party information External providers. We work with external providers who help us operate, provide, and market our services. For example, we work with companies to distribute our applications, offer our infrastructure systems, and process payments. These external providers may provide us with information about you in certain circumstances; for example, app stores may send us reports that help us diagnose and troubleshoot service issues.

SECURITY:

IT MAKERS S.A.S. BIC adopts reasonable security measures aimed at trying to preserve the confidentiality, integrity, availability, and privacy of the data and information that are managed in it, and in compliance with the corresponding legal framework, with the aim of providing a reliable experience through a secure service. Notwithstanding the foregoing, the user is reminded of their obligation to take their own precautions to ensure that, during access to it, they are not exposed to computer risks – computer viruses, malicious code, or other forms of computer threats – that may damage their computer or mobile device. IT MAKERS S.A.S. BIC is NOT responsible for any failure in security measures when such non-compliance is due to circumstances beyond its control, force majeure or fortuitous events.

UPDATES TO OUR POLICY:

We may modify or update our privacy policy. For this reason, we will notify you of such modifications to this privacy policy, as appropriate. By continuing to use our services, you confirm acceptance of our privacy policy, with any modifications. If you do not agree with our privacy policy and its modifications, we respectfully request that you stop using our services. Please periodically review our privacy policy.