Terms of Use

Snypto

The rules regarding the use of solutions offered by the company Nutek Software LLC (hereinafter referred to as “Snypto”) through its website, software, and integrations (the “Platform”) are established by these “Terms of Use.”

The use of all features offered is conditioned on your acceptance of the Terms of Use upon making a payment for acquiring one of our plans and/or at the time of your registration, through acceptance via checkbox. Therefore, by registering and/or making a payment, you accept these Terms of Use, as well as the additional policies related to this document, which establish the contractual relationship with Snypto.

Whenever you see words with initial capital letters, these words represent a definition made in this document. These definitions may appear through words in parentheses, quotation marks, and underlining (as defined above) or through the glossary at the end of these Terms of Use.

You will have access to all rules related to your relationship with Snypto and the use of the Platform, as well as payment rules, support, among others, and reading them is mandatory before accepting registration to use the Platform and subscribing to the plans offered by Snypto.

Purpose

1.1 Snypto Licensing. The purpose of these Terms of Use is the non-exclusive, non-transferable, and irrevocable licensing of the Platform, which can be accessed through the Web Application, for online service management purposes.

Features

2.1 General Features. You may access certain features to enable intelligent automations, marketing and sales management for your business, customer service, and internal company management. For this purpose, the following features may be made available according to the plan you choose:

2.1.1 User Registration. You can register employees on the Platform based on the features you wish to provide them, registering them as specified in clause 4. Registrations, later.

2.1.2 Self-Care. The customer service function can be utilized through the configuration of a customer service menu via automated messages from the Chatbot, integrated via API and/or Webhook.

2.1.3 Quick Responses. Pre-prepared response templates can be created to standardize customer service, avoiding the need to write out all responses in full or engage in other manual tasks such as copying and pasting a message.

2.1.4 Address Book. You can register and manage your contacts through the Platform, regardless of the service channel through which the contact arrives, such as WhatsApp or Social Media.

2.1.5 Attention Dashboard. A dashboard will be available for customer support, containing features such as transferring service, creating internal notes, and ending service. This will be the main screen for use by the users registered by you on the Platform.

2.1.6 Live Chat. Snypto may install its own service channel, Live Chat, which can be integrated into the Platform via the Web Application.

2.1.7 Integration. You can integrate other platforms with the Snypto Platform via API, Webhook, and/or Apps.

2.1.8 Control Panel. You can manage the Platform through a panel that will show information about the subscribed plan, access settings for the Platform, and issues related to the other features listed above.

2.2 New Features. Snypto may add new features at its discretion, which will be communicated to you, along with information for use within the Platform.

Privacy Policy

3.1 Privacy Policy. Users can find all rules and clarifications regarding privacy and data protection through the Privacy Policy at https://snypto.com/privacy-policy/

Registration

4.1 Platform Registration. Both individuals and entities can register on the Platform. Simply registering does not grant access to the Platform’s features, and the payment conditions established later in these Terms of Use must be followed for you or your employees to use the Platform as users according to the classes defined below.

4.2 User Registration. Users may register to use the Platform and will have access to different features depending on their classification, as established below:

4.2.1 Regular User. Users may register to use the Platform according to the features of the chosen plan, without being authorized to manage other users within the Platform.

4.2.2 Administrator Users. Users may be registered to use the Platform with all the features of the chosen plan, with the ability to manage other users, depending on the powers conferred during their registration.

4.2.3 Number of Users. The number of users to be registered, as well as the cost per registration on the Platform, will depend on the chosen plan.

4.2.4 Responsibility for Platform Use. You will be responsible for all actions of your registered users and will be held liable on their behalf if they harm Snypto in any way contrary to these Terms of Use or the law. Therefore, if Snypto identifies actions of your registered users that harm it, you may be held accountable under these Terms of Use.

4.3 Suspension of Registrations by Snypto. If it is determined that you or any of the registered users have violated any obligations under these Terms of Use, the registration may be temporarily suspended without prior notice. The suspension of registration will not allow the use of certain functions until specific obligations are met, as will be notified at the time of suspension. The suspension of your account does not mean that the contract has been terminated with you, so charges will continue.

4.4 Termination. At Snypto’s discretion, you or your users may be removed from the Platform without prior notice, not being able to use it in its entirety, for violating the duties provided in these Terms of Use. Termination will mean that you cannot use any of the Platform’s features, without prejudice to Snypto charging for the amounts owed under these Terms of Use.

Contract Plans

5.1 Plans. You can choose any of the plans available from Snypto, according to the features and payment methods available.

5.2 Prepaid Payment. To start using the plan, it will not be enough to register on the Platform; payment for the chosen plan must be made before using the subscribed features. These payments will remain in the prepaid mode according to the renewal period of the plan.

5.3 Payment Methods. Payments for plans can be made monthly or annually through the available means at the time of payment, such as Stripe.

5.4 Commitment Period. The Platform must be used for a minimum period of 3 (three) months from the date of subscription. If the Platform is canceled before this period, a penalty will apply: (a) 10% (ten percent) of the monthly fee if the subscription is monthly; and (b) 10% (ten percent) of the remaining amount if the subscription is annual.

5.5 Activation. After purchasing a plan, you must activate the Platform within seven (7) days by requesting it from Snypto and sending the necessary information to Snypto. If activation does not occur within the stipulated period and/or the necessary information is not sent to Snypto, your registration may be suspended. To remove the suspension from your account and activate the Platform after the initial period, you must make a new request to Snypto.

5.5.1 Payment without Activation. Except in the case of exercising the right of termination provided in the following clause, payment for the Plan will be due regardless of Platform activation.

5.6 Setup. After contracting, Snypto’s team will perform the installation, deployment, training, and initial follow-up of the Platform (the “Setup”). This service will be charged only once, and the amounts will depend on the type of Installation required and planned at the time of contracting the plan.

5.7 Validity. You must comply with the rules of these Terms of Use during the period in which the contracted plan is active, depending on the type of contract.

5.8 Contract Renewal. The plan will be automatically renewed at the end of the contract period. If you do not want this to happen, you may request its termination 30 (thirty) days before the end of the period.

Contract Termination

6.1 Unjustified Cancellation. You may cancel your subscription at any time. If you cancel within three (3) months from the contract date, the penalty provided in clause 5.4 will apply. Commitment Period. If you request cancellation 30 (thirty) days before the end of the Plan, as set forth in clause 5.8, you will not incur any expense and no further invoice will be charged.

6.2 Cancellation Request. To request cancellation, you must send an email specifically to [email protected] with the subject “PLAN CANCELLATION.”

6.3 Cancellation for Just Cause. Snypto may unilaterally cancel your plan if it believes you have violated these Terms of Use. In this case, your account will be removed from the Platform and you will need to pay any penalties provided in these Terms of Use and, if applicable, compensate Snypto for any losses and damages.

6.4 Platform History. Regardless of the reason for the plan cancellation, from the moment of cancellation and subsequent removal of the user, Snypto will provide a history of conversations and/or other files potentially entered into the Platform for a period of up to 90 days.

Platform Maintenance

7.1 Availability. Snypto will do its best to keep the Platform operational 24 hours a day; however, it cannot guarantee 100% availability. Snypto will ensure an operation guarantee of 95% of the time during which the Platform will be available for use.

7.2 Maintenance. Maintenance and necessary repairs may be performed, which may make the Platform unavailable for use. Snypto will make an effort to schedule maintenance during periods of low demand. Whenever there is a plan suspension period longer than 24 hours, Snypto will notify you in advance via email.

Obligations of the Parties

8.1 Snypto’s Obligations. Snypto will provide the Platform and its features according to the descriptions and functionalities available at the time of the subscription. Snypto will not be liable for any inconvenience, loss, or damage resulting from errors or deficiencies in the Platform if they are caused by third-party integrations, internet connection problems, or other external factors not controlled by Snypto.

8.2 Obligations of the User. You will be responsible for using the Platform correctly and in accordance with these Terms of Use, using it for the intended purposes, and complying with legal provisions related to your business.

8.3 Prohibitions. It is prohibited to:

– Use the Platform for unlawful purposes.

– Transmit viruses or other harmful code.

– Attempt to gain unauthorized access to Snypto’s systems.

– Distribute any content or information that violates legal or regulatory standards.

– Share your login credentials with third parties.

Responsibility

9.1 User Responsibility. You will be responsible for all content and actions performed through the Platform by you or your users.

9.2 Indemnification. You agree to indemnify and hold Snypto harmless from any claims, losses, or damages arising from your use of the Platform, including those resulting from content posted by you or your users.

Intellectual Property

10.1 Ownership. Snypto retains all intellectual property rights related to the Platform. Your use of the Platform does not grant you any rights to the intellectual property owned by Snypto.

10.2 License. The use of the Platform does not imply the transfer of any intellectual property rights to you. You are granted a limited, non-exclusive, and non-transferable license to use the Platform according to these Terms of Use.

General Provisions

11.1 Amendments. Snypto may amend these Terms of Use at any time. Changes will be communicated to you through the Platform or via email. Continued use of the Platform after changes implies acceptance of the new Terms of Use.

11.2 Governing Law. These Terms of Use are governed by the laws of the country where Snypto is headquartered.

11.3 Dispute Resolution. Any disputes arising from these Terms of Use will be resolved through arbitration in accordance with the applicable laws.

11.4 Severability. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.5 Entire Agreement. These Terms of Use constitute the entire agreement between the parties regarding the use of the Platform and supersede any prior agreements or understandings.

12. U.S. Government Matters

Notwithstanding anything else, Customer may not provide to any person or export or re-export or allow the export or re-export of the Licensed Materials or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing Customer acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Licensed Materials is representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in FAR section 2.101, any software and documentation provided by snypto are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

12.1. Jurisdiction. The jurisdiction of Santa Fe, New Mexico, USA, is chosen to resolve any disputes, doubts, misunderstandings, litigations, or issues arising from the relationship between you and Snypto.

13. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by either party without the other party’s prior written consent, not to be unreasonably withheld or delayed; provided that either party may transfer and/or assign this Agreement to a successor in the event of a sale of all or substantially all of its business or assets to which this Agreement relates. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed or otherwise agreed to by each party, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. snypto will not be liable for any loss resulting from a cause over which it does not have direct control. This Agreement will be governed by the laws of the State of California, U.S.A. without regard to its conflict of laws provisions. The federal and state courts sitting in San Francisco County, California, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement.

14. Data privacy

Customer shall ensure that any and all information or data, including without limitation, personal data, used by Customer in connection with the Agreement (“Customer Data”) is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has all obtained all necessary authorizations and consents from any data subjects to process Customer Data. Customer shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of Customer Data. Customer shall immediately inform snypto upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to Customer Data (a “Security Incident”) and to cooperate with snypto in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR (as defined below) for the transfer of any Customer Data outside of the European Union. For purposes hereof: (a) “Applicable Data Protection Laws” means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC as transposed into EU Member State law; (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Counsel of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Snypto Professional Services Terms

These terms apply if snypto provices you with additional professional services as part of your contract, or if we undertake one-off pieces of work for you to support with your snypto installation that are not covered by our usual support terms.

Glossary

– Platform: The web-based system offered by Snypto.

– Plan: The subscription package chosen by you for using the Platform.

– User: An individual or entity registered to use the Platform.

– Administrator User: A user with the ability to manage other users on the Platform.

– Regular User: A user with access to features of the chosen plan without management capabilities.

– Commitment Period: The minimum period of use for the Platform.

– Setup: Installation, deployment, training, and initial follow-up services for the Platform.