Terms and Conditions of Use

Welcome to https://www.jalasoft.com/ (the "Website"), an online resource for information, activities, products, and services related to Jalasoft S.R.L. and its affiliates ("Jalasoft," "We," and "Our"). Please read the following terms and conditions carefully. By using and accessing the website, and the content and services contained therein, you agree to be bound by these terms of use (the "Terms" or the "Terms of Use"), including any other document incorporated therein. If you do not agree to be bound by the Terms, you may not access or use the website.

Acceptable Use of the Website

The following terms define the acceptable use of the website and the services available through the website (the "Services"). Subject to these Terms of Use, you may access and use the content of the website. You may not use the content otherwise unless Jalasoft has provided you with explicit prior written permission. You agree that you are solely responsible for all your acts or omissions associated with your access and use of the website and the access and use of the website by anyone on your behalf. By using the website, you agree to refrain from:

• Violating these Terms or any other applicable rules and instructions we may convey regarding the use of the website;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or violate any applicable law, including laws governing privacy, defamation, spam, and copyright;
• Interfering, overburdening, or disrupting the functionality of the website;
• Violating the security of the website and the Services or identifying any security vulnerabilities therein;
• Bypassing or manipulating the operation or functionality of the website and the services it contains;
• Posting false, inaccurate, or misleading content;
• Using or initiating any automated system, including, among others, robots, crawlers, and similar applications to collect and compile content from the website and the Services;
• Displaying the website or any part thereof in an exposed or hidden frame, or linking to elements of the website, such as images, regardless of the web pages on which they originally appear or are available through the website;
• Displaying content from the website, even through any software, function, device, or communication protocol, that alters the content or its design;
• Impersonating any person or entity, or making any false statement related to your identity, employment, agency, or affiliation with any person or entity;
• Collecting, harvesting, obtaining, or processing personal information from or about other users without their explicit consent;
• Abusing, harassing, threatening, impersonating, or intimidating other users;
• Linking to the website from web pages that contain pornographic content or content that promotes racism, undue discrimination, or other inappropriate content.

Disclaimer

At Jalasoft, we are committed to providing our valuable customers and stakeholders with accurate and up-to-date information about our services and solutions. We want to ensure that you receive information directly from our official channels to maintain the highest level of trust and reliability. Please note that all official announcements, updates, and information about Jalasoft's services, solutions, and activities will be communicated through our official and authorized communication channels:

• Our official website (https://www.jalasoft.com/)
• Official social media profiles of Jalasoft (e.g., Twitter, LinkedIn, Facebook)
• Email communications from Jalasoft (using official domain addresses)
• Press releases and publications on accredited industrial platforms.

We kindly ask you to be cautious when receiving information about Jalasoft from any other source. Unofficial sources, including third-party websites, social media accounts, or email addresses that do not use the official Jalasoft domain, may not provide accurate or verified information. Jalasoft is not responsible for the accuracy or authenticity of information that does not originate from our official channels.

User Registration and Account

The website serves all Internet users. However, certain services may be available only to registered users. When you register on the website or while completing our contact forms, we will ask you to provide certain personal and contact data. You must submit only true, accurate, and complete data. Please note that false, incorrect, or outdated information may prevent you from registering and affect our ability to provide you with services and communicate with you. We will explicitly indicate mandatory compliance fields. If you do not enter the required data in these fields, you will not be able to register on the website or complete the contact forms. We will only use your personal data in accordance with Our Privacy Policy, available at https://www.jalasoft.com/privacy-policy, and incorporated by reference into the Terms. If you use a username and password to log in to certain services on the website, you agree to keep your username and password absolutely confidential and refrain from disclosing them to others. Make sure to change your password frequently, at least once every six months. You are fully responsible for any consequences resulting from not providing true, accurate, and complete details during the registration process or completing the form and any use or misuse of your account on the website as a result of transmitting your data to someone else. We may deny or cancel your account, for any reason, at any time and at Our sole discretion. We may notify you of the cancellation of your account by sending you a message to the email address you provided during the registration process. Cancellation will take effect on the date indicated in the message. Such notice may take effect immediately. Additionally, regardless of any remedy that may be available to JALASOFT under any applicable law, we may deny, limit, suspend, or permanently cancel your account, prohibit your access to the website and the Services, and take technical and legal measures to keep you out of the website if we believe that:

• You have abused your rights to use the website or the services;
• You have violated the Terms;
• You deliberately provided false information;
• You have performed any act or omission that violates any applicable law, rule, or regulation;
• You have performed any act or omission that is harmful or may be harmful to JALASOFT or any other third party, including other users, partners, customers, and businesses linked to JALASOFT;
• You have used the Services to perform an illegal act or to enable, facilitate, assist, or induce the commission of such act;
• You transmitted your password to another person;
• You have abandoned your account, according to criteria established by JALASOFT.

Links to Other Sites

The website may contain links to content published on other websites or external sources provided by third parties. We do not operate or monitor these websites and their content. You or the information and content posted on them may not be compatible with your requirements, or you may object to their content or find it annoying, inappropriate, illegal, or immoral. By linking to a specific website, we do not endorse or sponsor its content, nor do we confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third-party websites or content, nor for their availability.

Privacy

We respect your privacy. Our Privacy Policy explains the accepted privacy practices on the Website. The Privacy Policy is incorporated by reference into these Terms.

Intellectual Property

All rights, titles, and interests in the website and any service hereunder (except as provided with respect to third-party content), including, among others, patents, copyrights, trademarks, trade names, service marks, distinctive signs, trade secrets, and other intellectual property rights and any goodwill associated therewith, are owned by JALASOFT or licensed to JALASOFT. These Terms do not grant you any rights in patents, copyrights, trademarks (whether registered or not), trade names, trade secrets, domain names, or any other right, feature, or license concerning the website and any of the Services. Unless expressly permitted otherwise in these Terms, you may not copy, distribute, publicly display or perform, sublicense, decompile, disassemble, reduce to human-readable form, publicly perform, make available to the public, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, merge with other software, modify, or create derivative works from any content on the website that is subject to intellectual property rights or other rights, whether by yourself or by a third party on your behalf, in any way or by any means, including, among others, electronic, mechanical, or optical means, without the prior written consent of JALASOFT. You may not adapt or use, including in any Internet domain name, any name, mark, or logo that is identical or confusingly similar to any of Our trademarks, service marks, and logos. You should avoid any action or omission that may dilute or tarnish Our goodwill. JALASOFT's trademarks and advertisements on the website are the exclusive property of JALASOFT. JALASOFT respects the intellectual property rights of others. If you believe that certain content posted on the website infringes your rights or these Terms, you may request that we remove the content, and we will do our best to provide a prompt response.

Disclaimer of Warranty

JALASOFT provides the website and the services and content included therein for use as is and as available. They cannot be customized to meet the needs of each and every user. We disclaim all warranties and representations, whether express or implied, regarding the website, the services, and the content included therein, including, among others, any warranty of merchantability and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security, or accuracy. We do not warrant that the website and the services will operate uninterrupted or error-free, or that they will always be available or free from all harmful components. You agree and acknowledge that the use of the website, the services, and the content included therein is entirely, or to the maximum extent permitted by applicable law, at your own risk.

Limitation of Liability

JALASOFT, including its officers, directors, partners, managers, shareholders, employees, subcontractors, and agents, shall not be liable, to the maximum extent permitted by applicable law, for any direct, indirect, incidental or consequential damages, or any other damages and loss (including loss of profit and loss of data), costs, expenses, and payments, whether in tort, contract, or any other form of liability, arising out of or in connection with the use or inability to use the website, the content, the services thereunder, or any communication, interaction, deal, engagement, and transaction with others on or through the platform, or any failure, error, or malfunction in the operation of the website and the services, or any failure, or error made by our personnel or any person acting on its behalf, or your reliance on the content posted on the website, or any communication with the website, or with other users on or through the website. You acknowledge and agree that the use of the website, its content, and any service offered on it is entirely, or to the maximum extent permitted by applicable law, at your own risk.

Indemnification

You agree to indemnify, defend, and hold harmless JALASOFT, its managers, directors, partners, shareholders, employees, subcontractors, agents, and anyone acting on its behalf, at your own cost and immediately upon receiving written notice from JALASOFT, from and against any damages, losses, costs, expenses, and payments, including reasonable attorney fees and legal expenses, arising from any complaint, claim, or demand related to or arising from your breach of these Terms, or any other term, rule, or regulation applicable to the Website, its content, and the services offered therein, or your violation or infringement of third-party rights.

Changes to the Website

From time to time, we may change the layout, design, or display of the website, as well as the scope and availability of the content and services accessible on it, without prior notice. By their nature, such changes may cause inconvenience or even malfunctions initially. You agree and acknowledge that we assume no responsibility regarding, or in connection with, the introduction of such changes or any malfunction or failure resulting from them.

Availability

The availability and functionality of the website depend on various factors and elements, including software, hardware, and communication networks. Some of these elements are provided by third parties. None of these factors is fault-free. We do not guarantee that the website will operate without disruptions, errors, or interruptions, nor that it will be accessible or available at all times, immune to unauthorized access, or free of errors.

Termination of Operation

At any time, JALASOFT may terminate the operation of the Website, or any part thereof, either temporarily or permanently. JALASOFT will provide notice of termination with reasonable advance notice. JALASOFT will maintain backups of the content of the Website for an additional reasonable period, and thereafter, it has the right to delete the content without keeping any backup and without further notice. You agree and acknowledge that JALASOFT assumes no responsibility regarding or in connection with the termination of website operations and the loss of data as a result.

Applicable Law and Mandatory Arbitration

These Terms will be governed solely by the laws of the Plurinational State of Bolivia, without giving effect to any conflict of legal principles. All disputes arising under or in connection with these terms and conditions of use, including any question regarding their existence, validity, or termination, without exception, will be submitted to arbitration administered by the Conciliation and Arbitration Center of the Chamber of Commerce and Services of Cochabamba, in accordance with its Arbitration Rules. The place of arbitration will be the city of Cochabamba, Bolivia. The parties agree that the arbitral tribunal will consist of three arbitrators, in accordance with Article 61 of Law No. 708. Each party will select its arbitrator within ten (10) days from the last notification with the response to the arbitration request, and the arbitrators selected by each of the parties will jointly choose the President of the Tribunal within ten (10) days. In the absence of agreement between the parties or the arbitrators, the appointment of one or more arbitrators will be made in accordance with the regulations of the Conciliation and Arbitration Center of the Chamber of Commerce and Services of Cochabamba. The law governing arbitration is the Law of the Plurinational State of Bolivia, and the language of arbitration will be Spanish. The authority given to the arbitrators, through this clause, will survive the death of any of the parties, and the arbitrators will proceed with the arbitration despite such death. Any award given by a majority will be final, sole, binding, conclusive, and not subject to appeal, for all parties and those claiming on their behalf. The arbitrators will not have the power to make the Arbitral Award inconsistent or contrary to the terms and provisions of this document. Likewise, the parties agree to use an Emergency Arbitrator, who will be enabled after the appointment of the Arbitral Tribunal, for the application of precautionary measures, if necessary; this in accordance with Article 67 of Law No. 708. Notwithstanding the foregoing, if any party to this agreement is sued by a third party in any legal proceeding, the defendant, notwithstanding the foregoing, may add the other party to such judicial proceeding, and in that case, this arbitration agreement will not apply.

Modifications to the Terms

From time to time, JALASOFT may modify these Terms. The modifications will take effect immediately after their initial publication or as required by law. You agree to be bound by any changes made to these Terms, including changes to each and every document, form, and policy incorporated therein. Continuing to use the website will indicate your acceptance of the modified terms. If you do not agree with any of the modified terms, you should avoid any further use of the website.

Interpretation

The section titles in these Terms are included for convenience only and will not participate in the interpretation of these Terms. Whenever used in these Terms, the term "including," whether in uppercase or not, means, among other things, the foregoing phrase. All examples are used for illustrative purposes, not exhaustive or limiting.

Severability

If a competent court considers any provision of these Terms to be illegal, invalid, or unenforceable, then the provision will be executed and applied to the maximum extent permitted by law, and the remaining provisions of these Terms will continue in full force and effect.

Survival

The provisions of the Intellectual Property, Disclaimer of Warranty, Liability Disclaimer, Limitation of Liability, and Indemnification sections will survive the termination or expiration of these Terms or the termination of the operation of the website.

Error Correction and Contact

We strive to ensure the reliability of the facts and information we publish on the website. However, errors can sometimes occur. If you believe that any information or publication we have posted on the website is incorrect, contact us at hubmarketing@jalasoft.com. JALASOFT respects the privacy and good reputation of users of the Website. If you believe that certain content or publication posted on the website harms or offends you in any way, you can contact us, and we will do our best to provide a prompt response to your complaint. Last updated: November 30, 2023