Terms of Service

Version [número], effective as of [fecha].

1. Who we are and what we offer

These terms govern the use of Monitoreo TECDEX (the "Service"), provided by Servicios Tecnológicos TecDex SpA, Chilean tax ID (RUT) 76.564.606-5, with its registered address at Guardia Vieja 181, oficina 506, Providencia, Santiago, Chile ("TECDEX"). By creating an account or using the Service, the company you represent (the "Customer") enters into a contract with TECDEX and accepts these terms. Continued use of the Service means acceptance of these terms.

The Service periodically checks, from outside the Customer's network, the availability of the websites and services that the Customer specifies. It sends an alert when it detects a failure and when service is restored. It also shows status, incidents and availability reports in a portal.

2. Accounts and access

• The person who creates the account declares that they are authorized to bind the company, and becomes its administrator. They can invite other people and remove their access.
• Each user is responsible for their password, for their Google account if they use it to sign in, and for their second factor. They must notify TECDEX immediately if they suspect unauthorized access.
• The Customer is responsible for the actions of the users it invites.

3. Plans, prices and payments

• Plans: The Free, Basic and Professional plans are purchased in the portal. Their current limits and prices are published at https://monitor.tecdex.net/en/pricing/. The Managed plan is purchased directly from TECDEX and is also governed by its own specific contract.
• Merchant of Record: Our order process is conducted by our online reseller, Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle handles customer service inquiries about payments, manages refunds and applies its own terms of purchase.
• Billing: Paid plans are billed in advance, monthly or annually as chosen by the Customer, using the payment methods offered at checkout. Applicable taxes are calculated and collected by Paddle based on the Customer's country.
• Renewal: The subscription renews automatically at the end of each period until the Customer cancels it. Cancellation takes effect at the end of the paid period (see the Refund Policy, https://monitor.tecdex.net/en/refunds/).
• Price changes: Price changes are announced by email at least [30] days in advance and apply from the next renewal.
• Failed payment: If a charge cannot be made, TECDEX may move the account to the Free plan or pause the monitors that exceed its limits. No data is deleted for this reason.

4. Acceptable use

The Customer may only monitor websites and services that it owns or that it is authorized to check. The Customer may not use the Service to:

• pursue illegal purposes, commit fraud, send spam or impersonate others;
• overload, attack, test the security of or extract data from third-party systems, or distribute malicious software;
• reach internal networks, whether TECDEX's or third parties'; the Service only accepts public addresses and may reject or pause a monitor that attempts otherwise;
• infringe the intellectual property or other rights of third parties;
• interfere with the security or operation of the Service;
• resell the Service without a written agreement with TECDEX.

5. Intellectual property

TECDEX and its licensors own the Service, its software, its brand and its documentation. These terms give the Customer a non-exclusive, non-transferable right of use while its account is active. They do not transfer any ownership to the Customer.

6. Customer data and monitoring credentials

• The data that the Customer enters and the results of the measurements belong to the Customer. TECDEX uses them only to provide the Service, in accordance with the Privacy Policy (https://monitor.tecdex.net/en/privacy/) and, for business customers, the Data Processing Agreement (https://monitor.tecdex.net/en/dpa/).
• When a monitor needs a username and password, the Customer enters them in the portal. They are stored encrypted in a vault and are write-only. No one, including TECDEX, can view them again. We recommend using accounts created solely for monitoring.
• The Customer may request a copy of its reports and the deletion of its account by writing to monitoreo@tecdex.net.

7. Availability and liability

• TECDEX makes reasonable efforts to keep the Service available and its measurements accurate, but does not guarantee that it will operate without interruptions or errors. [Pending: whether paid plans will include an availability commitment, and with what figure and compensation.]
• The Service reports on the availability of the Customer's systems, but does not guarantee or repair it. An alert may be delayed or may not arrive for reasons beyond TECDEX's control, such as network, email or provider failures.
• To the extent permitted by law, TECDEX's total liability for any claim is limited to the amount paid by the Customer in the [12] months before the event, and TECDEX is not liable for lost profits or indirect damages.

8. Suspension and termination

• The Customer may cancel at any time from the portal or by writing to monitoreo@tecdex.net. Cancellation takes effect at the end of the paid period.
• TECDEX may suspend or terminate an account for serious or repeated breach of these terms, non-payment, or a security or fraud risk, giving notice by email when possible. TECDEX may also stop offering the Service with [60] days' notice.
• Upon termination, account data is kept for [X days] so that the Customer can request its reports, and is then deleted, except for data that the law requires to be kept.

9. Governing law and changes

• These terms are governed by Chilean law. Disputes are submitted to the courts of Santiago, Chile. [Validate for foreign customers and consumers.]
• TECDEX may update these terms. Material changes are announced by email at least [30] days in advance. Continued use of the Service after that date means acceptance of the changes.
• [State which version prevails among Spanish, English and Portuguese.]

10. Contact

Servicios Tecnológicos TecDex SpA · Guardia Vieja 181, oficina 506, Providencia, Santiago, Chile · monitoreo@tecdex.net