Terms of Use

This instrument is an agreement between DataScope SpA (hereinafter “DataScope”, “we”, or “our”, which includes our corporate group and affiliated companies, including, among others, DataScope SpA, DATASCOPE SOLUTIONS CORP, and DataScoper MX SA de CV, owner of the DataScope software and operator of  https://datascope.io/es/ and You, who engage or access the service (hereinafter, and as applicable, the “Client”, the “User”, or “You”).

DataScope provides software to collect information through digital forms, data analysis, and related services. These services are provided through an application that You download to your mobile device (hereinafter the “Application”) and through the website located at the URL https://datascope.io/es/ (hereinafter the “Site”) together with any software, tool, and/or service provided in connection with the Application or the Site (hereinafter the “DataScope Service” or the “Service”).

Please read these terms and conditions carefully (hereinafter the “Terms of Service”) and our Privacy Policy, available at https://datascope.io/es/privacy/ , which is deemed incorporated by reference into this document (all, together, the “Terms and Conditions”).

THESE TERMS AND CONDITIONS GOVERN ACCESS TO AND USE OF THE DATASCOPE SERVICE, AND ALL CONTENT OF THE SITE AND THE APPLICATION, CONSTITUTING A BINDING AGREEMENT BETWEEN YOU AND DATASCOPE. YOU REPRESENT THAT YOU ARE AWARE OF AND AGREE THAT BY CLICKING THE TERMS OF SERVICE ACCEPTANCE BUTTON, BY REGISTERING A DATASCOPE ACCOUNT, BY DOWNLOADING THE APPLICATION, BY PERFORMING ANY UPDATE THEREOF, BY ACCESSING OR USING THE APPLICATION ON YOUR MOBILE DEVICE, BY ACCESSING OR USING THE DATASCOPE SERVICE THROUGH THE SITE, OR BY DOWNLOADING, ENTERING, OR POSTING ANY CONTENT FROM, ON, OR THROUGH THE DATASCOPE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE DATASCOPE SERVICE OR THE CONTENT OF THE SITE. IF YOU ACCEPT THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE AND, IN SUCH EVENT, “YOU” AND “YOUR” SHALL REFER AND APPLY TO SUCH COMPANY OR LEGAL ENTITY.

2) Definitions

For purposes of these Terms and Conditions, the terms defined below shall have the meaning indicated herein. These terms may be used interchangeably in the singular or plural.

“User” refers to any person or entity that completes the process of registering their Account with DataScope, as described below.

“Corporate User” refers to a member that is a company or other legal entity.

“Content” means any text, graphic, photograph, music, software, audio, video, information, or other materials.

“DataScope Content” means Content that DataScope makes available through the DataScope Service, including any content licensed to DataScope by a third party, and excluding content provided by a User.

“User Content” refers to Content that the User posts, uploads, publishes, delivers, or transmits through the DataScope Service.

“Site Content” refers to all DataScope Content and User Content.

“Account” is that which grants a person access to the DataScope platform, and its creation requires completing the registration process described below. An email address and a password are required to log in.

“Personal Information” means data concerning natural persons, identified or identifiable through lawful means, recorded in any type of medium.

“Registration Information” corresponds to Information that DataScope will request for the creation of an Account through the Registration Form of the DataScope platform.

3) General information about the Service

3.1 Background

DataScope provides software to collect information through digital forms, data analysis, and related services. To this end, DataScope will make the DataScope Service available to You, through which You may control and manage such operations.

The DataScope Service may include additional functionalities such as (i) one that allows the client to create and answer custom forms from any device; (ii) functionality that allows the client to centralize information in real time, even without an internet connection; (iii) one that allows automatically generating reports in PDF or Excel format; (iv) the ability to integrate data with digital tools external to the application; and (v) one that allows the use of advanced functions such as findings reporting, asset management, place management, digital signatures, and any other functionality that DataScope enables. The terms of use of the additional functionalities shall be governed by the contract entered into for that purpose between You and DataScope. 

3.2 Registration

To access the DataScope Service You must register and create an account (the “Account”) and become a User. By registering with DataScope You agree to: (i) provide truthful, accurate, current, and complete information about Yourself (or, if applicable, the entity You represent) as requested by the DataScope Service Registration Form (such information being the “Registration Information”) and (ii) duly maintain and update the Registration Information to keep it truthful, accurate, current, and complete. 

For all purposes arising under these Terms of Service, DataScope operates on the basis of the information You provide to us and that is kept on record in our systems. Accordingly, DataScope shall not be liable for damages that may be caused to the Client, its Users, or any third party as a result of the failure to comply with the obligation to keep, where necessary, Your Personal Data, Banking Information, Registration Information, User Content, contact information, and any other information or content provided to us by You, permanently updated, truthful, complete, and accurate, in accordance with the foregoing.

If You provide false, inaccurate, outdated, or incomplete information, or we have grounds to suspect that such information is false, inaccurate, outdated, or incomplete, we may suspend or terminate your account and refuse any use of the DataScope Service (or any part thereof).

You may not authorize third parties (except, where applicable, employees, consultants, or agents of the entity You represent) to access or use the DataScope Service on your behalf. 

You are responsible for maintaining the confidentiality of your User ID and password, and are fully responsible for all activity that occurs under your User ID or password and/or other login mechanism. You agree to immediately notify DataScope of any unauthorized use of your User ID, password, and/or other login mechanism or any other security breach. DataScope cannot and will not be liable for losses or damages arising from unauthorized use of your Account.

DataScope reserves the right to reject any registration request or to cancel a previously accepted registration if, in its judgment, it does not comply with these Terms and Conditions, or is contrary to law, morals, and/or public order. For previously accepted registrations, DataScope will notify the measure with due justification and, where applicable, the period in which it will take effect. 

By providing us with your email address, You agree to receive all necessary notifications at that email address. You expressly authorize DataScope to use said email address to send You notifications about updates and improvements to our products, as well as news, promotions, third-party services or products, and events. Likewise, by providing us with your phone number, you agree that we may contact you through that channel, whether by text messaging or similar means or by phone call, to inform you about updates and improvements to our products, as well as news, promotions, third-party services or products, and events, always in compliance with applicable law and consistent with what is set out in section 4.5 below.

3.3 Capacity

By accessing or using the DataScope Service You represent and warrant to DataScope that: (i) You are of legal age to enter into a binding contract, or, if You are a minor, You have the authorization of your legal representative to use the DataScope Service; (ii) all registration information is truthful, accurate, current, and complete; (iii) You will keep such information accurate, complete, and updated; (iv) if You are accepting these Terms of Service on behalf of a company or other legal entity, You have the authority to bind it to these Terms of Service. DataScope reserves the right to request additional supporting information to create the Account. Likewise, You represent and warrant that You are legally authorized to use and access the DataScope Service and that You will be responsible for the selection, use, and access to the DataScope Service. If You do not meet these requirements, as applicable to You, You must not access or use the DataScope Service.

These Terms of Service will not apply where prohibited by law, and in such jurisdictions the right to access the DataScope Service is prohibited.

The fact that DataScope does not enforce any right or provision of these Terms of Service shall not constitute a waiver of the future exercise of such right or provision. Waiver of such right or provision will only be effective if made in writing and signed by a duly authorized representative of DataScope. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Service will remain in full force and effect.

3.4 Complementary tools and programs

DataScope may use tools, scripts, software and/or utilities, applications (together, the “Tools”) to monitor and manage the DataScope Service.

The Tools do not collect or store User content, except where necessary to provide the DataScope Service or resolve service requests or other related issues. Information collected by the Tools may also be used to support DataScope's various products and services, to help DataScope address deficiencies in its product and service offerings, and for license and service administration. 

In this case, the right to use the complementary programs will terminate upon DataScope's notification to that effect, upon termination of the DataScope Service or the services associated with the complementary programs, or on the date on which the license to use such complementary programs expires under the terms specified for such programs, whichever occurs first.

3.5 Links to third-party websites

The DataScope Service may, now or in the future, contain links to third-party websites, advertising, services, or resources that are not owned or controlled by DataScope. You acknowledge and agree that DataScope has no control over and is not responsible for: (i) the availability or accuracy of such sites or resources; or (ii) the content, products, privacy policies, practices, or services on or available at such sites or resources. Links to other websites or resources do not imply any endorsement or recommendation by DataScope of such sites or resources or the content, products, practices, privacy policies, or services available on such sites or resources. You accept sole responsibility for and assume all risks arising from the use of such websites or resources or the content, products, or services available thereon. Furthermore, your activities or participation in third-party promotions, including payment and delivery of goods and any other conditions (such as warranties), are solely between You and such third parties. You agree that DataScope will not be liable for any loss or damage of any kind in connection with the content, materials, actions, services, or transactions with such third parties. We encourage you to be aware when you leave the DataScope Service or Site, and to read the terms and conditions and privacy policy of any third-party website or service you visit. You expressly release DataScope from any liability arising from your use of any third-party website or third-party services or content.

4) Legal terms

4.1 Intellectual property

DataScope Service: DataScope is and will remain the owner and will retain all right, title, and interest in and to the DataScope Service (except for any licensed content and software components included therein) and is protected by international copyright, trademark, patent, model, industrial design, and database laws and treaties.

You agree not to reverse engineer, mirror the DataScope Service or any part thereof, decompile, distribute, license, sublicense, sell, transfer, disassemble, copy (including screenshots), alter, modify, or create derivative works of the DataScope Service, misuse the DataScope Service, or use it in any manner that results in a violation of the restrictions contained in these Terms of Service. DataScope does not grant any license, express or implied, to the intellectual property of DataScope or its licensors. Nor are You permitted to create or publish your own databases containing substantial portions of any of the DataScope Service content without our express written consent. 

The User acknowledges and agrees that any information related to the design, “Look and Feel”, specifications, components, functionalities or operation, and payment terms and pricing (if applicable) of the DataScope Service is considered confidential and the property of DataScope (all of the foregoing, the “DataScope Confidential Information»).

User Information: Subject to the section below entitled “Transfer of certain User Information”, the User will retain all right, title, and interest in and to (a) documents, data, and other information transmitted by the User to DataScope in connection with its use of the DataScope Service, and (b) reports and other material generated by the DataScope Service derived from such transmission (all of the foregoing, the “User Information”). Notwithstanding the foregoing, the User hereby grants DataScope a worldwide, royalty-free, non-exclusive license to use (i) information generated as a result of the User's use of the DataScope Service, solely for the purpose of (a) maintaining and improving the DataScope Service and (b) providing the User access to special product offers and promotions; and (ii) non-identifiable and anonymous aggregated information from the use of the DataScope Service collected by DataScope solely for marketing or promotional purposes or for distribution to third parties.

Transfer of certain User Information: Notwithstanding the foregoing, in connection with the submission of a report of tickets, tasks, forms, or any other information that You transmit to another User or third party, You assign all right, title, and interest in and to any Information transmitted to the corresponding User or third party. You hereby represent and warrant that You have all necessary authorizations to comply with the provisions of this clause.

DataScope Logo and Design: The graphics, logos, designs, page headers, button icons, scripts, and names of DataScope's services are registered trademarks of DataScope in Chile and/or other countries or represent DataScope's trade dress. DataScope's trademarks may not be used, either as part of registered trademarks or as part of domain names, in connection with any product or service in a manner that may cause confusion or discredit DataScope. Nor may they be copied, imitated, or used, in whole or in part, without DataScope's prior written permission.

User Art: Each User will retain all right, title, and interest in and to any logo, promotional graphic, and marketing designs that it owns (all of the foregoing, the “User Art”), notwithstanding that the User hereby grants DataScope a worldwide, non-exclusive, royalty-free license to use the User Art, as well as the User's name and/or trademark, in case studies, promotional materials, or other items, unless otherwise requested in writing. 

4.2 Privacy

To use the DataScope Service, You must provide certain personal data. Your personal information is processed and stored using technology and procedures that meet high security and protection standards. See DataScope's Privacy Policy at https://datascope.io/es/privacy/ for information and notices concerning the collection and use of your personal information.

4.3 Legal notice

The DataScope Service and the Site Content are offered “AS IS”, without warranty of any kind, whether express or implied. DataScope does not warrant that the DataScope Service or the Site Content will meet your specific needs. If You decide to engage the DataScope Service, You accept that it is provided as is, in accordance with these Terms of Service.

DataScope cannot guarantee, and You acknowledge and agree, that the DataScope Service may not be available uninterruptedly, securely, or error-free. Likewise, DataScope does not warrant the quality of any third-party product, service, or Site content purchased or obtained through the DataScope Service, or the accuracy, timeliness, truthfulness, completeness, or reliability of any third-party content obtained through the DataScope Service.

DataScope will use all commercially reasonable efforts to keep the DataScope Service available, but this does not guarantee that it will be available at all times and without interruption, and it may be temporarily suspended without notice in the event of technical failures, maintenance interventions, and force majeure events. In the event of an interruption of the DataScope Service, whether through the Application or the Site, DataScope will use its best efforts to restore it promptly, without this giving rise to any obligation or liability whatsoever for DataScope. 

DataScope reserves the right to update the Application or the Site and/or expand or modify its functionalities, to the extent this results in a better experience, optimizes the quality of the DataScope Service, corrects defects in the Application or the Site, and/or delivers higher levels of security. Such modifications will be communicated in a timely manner to affected Users by email, to the extent they have a substantial impact on the DataScope Service.

4.4 Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RISK ARISING FROM YOUR ACCESS TO AND USE OF THE DATASCOPE SERVICE AND USER CONTENT LIES WITH YOU. ACCORDINGLY, DATASCOPE IS NOT RESPONSIBLE FOR THE PURPOSES FOR WHICH YOU USE THE DATASCOPE SERVICE. IF, AT ANY TIME, DATASCOPE DETECTS THAT YOU ARE USING THE DATASCOPE SERVICE FOR ANY ILLEGAL PURPOSE, OR IF ANY AUTHORITY SO REQUESTS, DATASCOPE MAY TERMINATE THE SERVICE EARLY, WITHOUT ANY LIABILITY WHATSOEVER TO DATASCOPE AND WITHOUT ANY RIGHT TO COMPENSATION FOR YOU. 

NEITHER DATASCOPE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE DATASCOPE SERVICE OR SITE CONTENT SHALL BE LIABLE FOR UNFORESEEN OR INDIRECT DAMAGES, NOR FOR PERSONAL INJURY OR BODILY OR MORAL HARM ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE USE OR INABILITY TO USE THE SERVICE OR SITE CONTENT, OR ANY COMMUNICATION, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE DATASCOPE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DATASCOPE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DATASCOPE HAS OR HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A SPECIFIC FUNCTION SET FORTH HEREIN HAS FAILED OF ITS ESSENTIAL PURPOSE. 

DATASCOPE DOES NOT GUARANTEE THE RESULTS OF USING THE DATASCOPE SERVICE, AND USERS OF THE DATASCOPE SERVICE ASSUME ALL RISK AND LIABILITY WITH RESPECT THERETO. USERS OF THE DATASCOPE SERVICE AGREE THAT, BY USING THE DATASCOPE SERVICE, CONFIDENTIAL INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER DATASCOPE'S CONTROL (SUCH AS THIRD-PARTY SERVERS AND THE INTERNET). DATASCOPE MAKES NO WARRANTIES WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.

THE USER ACKNOWLEDGES THAT THE DATASCOPE SERVICE IS DESIGNED WITH CAPABILITIES TO ACCESS THE DATASCOPE SERVICE REGARDLESS OF GEOGRAPHIC LOCATION AND TO TRANSFER OR OTHERWISE MOVE CONTENT AND ITS APPLICATIONS, IF ANY, BETWEEN THE DATASCOPE SERVICE AND OTHER LOCATIONS SUCH AS USER WORKSTATIONS. THE USER WILL BE SOLELY RESPONSIBLE FOR THE AUTHORIZATION AND ADMINISTRATION OF USER ACCOUNTS, REGARDLESS OF THE LOCATION IN WHICH IT OPERATES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASCOPE OR THROUGH THE DATASCOPE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN. 

YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DATASCOPE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU HAVE COMMUNICATED OR INTERACTED AS A RESULT OF YOUR USE OF THE DATASCOPE SERVICE. YOU UNDERSTAND THAT DATASCOPE IS NOT OBLIGATED TO REVIEW THE BACKGROUND OF USERS OF THE DATASCOPE SERVICE, NOR DOES IT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE DATASCOPE SERVICE. DATASCOPE MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF USERS OF THE DATASCOPE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER OF THE DATASCOPE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DATASCOPE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DATASCOPE SERVICE.

IN NO EVENT SHALL DATASCOPE'S TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE DATASCOPE SERVICE OR SITE CONTENT EXCEED THE AMOUNTS THAT THE CLIENT HAS PAID TO DATASCOPE IN THE LAST YEAR. THE DAMAGE LIMITATIONS SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4.5 Governing law and jurisdiction

These Terms of Service, their interpretation, and any action related thereto shall be governed by the laws of the Republic of Chile. Exclusive jurisdiction and venue for any action relating to the subject matter of these Terms of Service shall lie with the courts of the commune and city of Santiago.

4.6 Force majeure

Neither Party shall be liable for any failure or delay in performing its obligations if caused by acts of war, hostility, or sabotage; force majeure causes; pandemics; interruption of telecommunications, internet, or electricity services not caused by the obligated party; government restrictions; or any other event beyond the reasonable foresight and control of the obligated party. The parties will use reasonable efforts to mitigate the effects of a force majeure event. If such event persists for more than 30 days, either party may terminate these Terms and Conditions. This clause does not exempt the parties from the obligation to take reasonable measures to follow their normal disaster recovery procedures, nor from their obligation to pay for the DataScope Service.

4.7 General prohibitions

In using the DataScope Service, You agree not to do the following: 

1. Post, upload, publish, deliver, or transmit any content that: infringes, misappropriates, or violates patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights or third-party publicity or privacy rights; violates or incites any conduct that violates any law or regulation or may give rise to civil liability; is fraudulent, false, misleading, or deceptive; is defamatory, obscene, pornographic, vulgar, or offensive; promotes arbitrary discrimination, intolerance, racism, hatred, harassment, or harm against any person or group; is violent or threatening or promotes violence or actions that endanger any person or entity; or promotes illegal or harmful activities or substances; is, in DataScope's judgment, objectionable or exposes DataScope and its Users to harm or liability.
2. The use, display, screenshotting, copying, uploading, or transmission of the DataScope Service, or any element within the DataScope Service, DataScope's name, any trademark, logo owned by DataScope, or other proprietary DataScope information, or the layout and design of any page or form contained on a page, without DataScope's express prior written consent.
3. Accessing, manipulating, or using non-public areas of the DataScope Service, DataScope's computer systems, or the technical systems of DataScope's providers.
4. Attempting to probe, scan, or test the vulnerability of any DataScope system or network or breach security or authentication measures.
5. Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as privacy and publicity rights) of any other user of the DataScope Service or member of the DataScope team.
6. Avoid, evade, remove, disable, impair, decode, or otherwise circumvent a technological measure implemented by DataScope or any of DataScope's providers or any third party (including another User) to protect the DataScope Service or Site content. 
7. Attempting to access or search the DataScope Service or Site Content or download content from the DataScope Service using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search engine provided by DataScope or other generally available third-party web browsers.
8. Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail or unwanted messages, spam, chain letters, or other form of solicitation (including sending invitations to use the DataScope Service to the phone numbers of persons You do not know or from whom You have not received consent to send such information).
9. Using or disclosing any DataScope Confidential Information except as expressly permitted herein.
10. Using meta tags or any other text or metadata using a trademark, logo, URL, or product name owned by DataScope without its express consent.
11. Using the DataScope Service or Site Content for any commercial purpose or for the benefit of third parties or in any manner not permitted by these Terms of Service.
12. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup, or in any way using the DataScope Service or Site Content to send information in an altered, misleading, or false manner, or misrepresenting information related to the identification of the source.
13. Attempting to decrypt, decompile, disassemble, or reverse engineer any software used to provide the DataScope Service or Site Content.
14. Interfering with or attempting to interfere with any User's, host's, or network's access, including, without limitation, sending a virus, overloading, flooding, Trojan horses, worms, logic bombs, spamming, or mail bombing the DataScope Service.
15. Collecting or storing any personally identifiable information from the DataScope Service of other Users without their express written permission or as provided for in these Terms of Service.
16. Impersonating or misrepresenting your affiliation with any person or entity.
17. Violating any applicable law or regulation.
18. Engaging in conduct that impedes or inhibits any person's use of the Site, or that may harm DataScope and its Users or expose them to liability.
19. Encouraging or permitting any other individual or entity to do any of the actions or acts described above.
20. Using the DataScope Service in a manner that: (i) in any way causes, or may cause, any damage or harm to any of the Users or content of the DataScope Service or interruption of access thereto; or (ii) is for any fraudulent purpose, or for the purpose of committing any crime or other unlawful activity of any other kind; or (iii) generates any type of annoyance or inconvenience to a third party.

DataScope shall have the right to investigate and prosecute violations of the foregoing to the fullest extent of the law. DataScope may become a party to and cooperate with legal authorities in prosecuting Users who breach these Terms of Service.

You acknowledge that DataScope has no obligation to monitor your access to or use of the DataScope Service, or to review, edit, or remove content provided by Users, but that it does have the right to do so in order to operate the DataScope Service, to ensure compliance with these Terms of Service, or to comply with applicable law or an order or requirement of a court, administrative agency, or other governmental entity. Accordingly, DataScope assumes no liability for any action or inaction with respect to the transmission, communication, or content provided by any User or third party. 

DataScope may choose to temporarily or permanently suspend passwords, features, accounts, and access to the DataScope Service if the User violates or breaches any provision contained in the Terms of Service and/or the Privacy Policy, or if, in DataScope's reasonable judgment, the DataScope Service or any of its components were about to suffer a significant threat to security or functionality.

Any use of the DataScope Service that is not expressly permitted is a breach of these Terms of Service and may violate copyrights, trademarks, and other laws

4.8 Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without DataScope's prior written consent. Any attempt by You to assign or transfer these Terms of Service without such consent shall be null and void. DataScope may assign or transfer these Terms of Service, at its sole discretion, without restriction.

4.9 Third-party disputes

DataScope is not associated with any User, merchant, Client, or provider that is not subcontracted by DataScope, and any dispute You have with such third party arising from your use of the DataScope Service, including, without limitation, your employer, is directly between You and such third party, and You irrevocably release DataScope (and our directors, officers, subsidiaries, agents, employees, and advisors) from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to such disputes.

4.10 Indemnification

You agree to defend, indemnify, and hold harmless DataScope, as well as its affiliates, controlled and/or controlling companies, its officers, directors, employees, and agents, from and against any claim, liability, damage, loss, and expense, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to your improper access to or misuse of the DataScope Service, your breach of these Terms of Service or its Privacy Policy, including breach of any representation or warranty in this document, any infringement by You of DataScope's intellectual property rights, breaches of the Application or the Site that may give rise to, for example and solely by way of illustration, access to confidential information, bank accounts, credentials, submission of requests, denial-of-service attacks, payment method fraud and/or electronic transactions of the Clients, Administrators, or Users of the Client, any violation or alleged violation or infringement of any intellectual property, trademark, copyright, patent, or trade secret, or non-proprietary rights of third parties, including defamation, invasion of privacy, or any other wrongdoing, any violation of personal data protection rules under applicable law; or any failure, error, or inaccuracy originating from You that may affect the performance of these Terms and Conditions, the integrity of its systems, or that may in any way cause harm to DataScope; any claim brought by Client Users against DataScope, as well as any violation of laws or third-party rights.

4.11 Entire agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between DataScope and You regarding the DataScope Service and Site Content. These Terms of Service supersede and replace any and all prior written or verbal agreements between DataScope and You regarding the DataScope Service.

4.12 License

Subject to your compliance with these Terms of Service, DataScope grants You a limited, non-exclusive, non-transferable license to download and install a copy of the Application and/or its updates on your mobile device and to use such copy of the Application for your personal use or that of your company or entity, as applicable.

DataScope reserves all rights in the Application or the Site not expressly granted to You by these Terms of Service.

5) Account and contact

5.1 Fees and payments

Registering and creating an Account with DataScope may be free for those Clients and Users that DataScope determines at its discretion. Free use may be limited to some of the functionalities and tools of the DataScope Service as detailed at https://datascope.io/es/  or in the corresponding commercial proposal. DataScope may, at its sole discretion, modify the functionalities and tools that these Users may access and use. For these purposes, DataScope will notify changes with reasonable advance notice.

If You decide to engage paid services or provide us with payment information after it is required, You accept the prices, payment method, and billing as indicated (a) here, (b) on the Site, (c) if applicable, in a separately issued purchase order or separately executed contract, and (d) in the Billing section of your Account.

Any payment made for the DataScope Service is non-refundable or non-transferable unless otherwise stated in these Terms of Service. All fees and applicable taxes shall be paid in Chilean Pesos or another currency as indicated.

If the DataScope Service that has been engaged corresponds to a recurring subscription service, it will renew automatically, unless DataScope or You terminate the Service, notifying it by email (payments@datascope.io) at least 30 days in advance. You must cancel the DataScope Service before it renews to avoid being issued the corresponding invoice/receipt for the renewed service. No fee or charge will be refundable, nor will there be refunds for partial periods of use.

It is expressly noted that You acknowledge and accept that the Price for the DataScope Service does not include taxes or any other surcharge. Thus, if any authority, entity, or institution of the country to which You belong imposes taxes, tariffs, fines, commissions, surcharges, and any other levy, including direct and indirect taxes, income tax, tax withholding, value added tax, insurance premium tax, customs duties, registration and stamp duties, capital tax, transfer tax, social security contributions, employee tax withholding, surcharges for money transfer services, whether by bank or other means, and including any interest for late payment, increases and fines or any other tax (“Taxes”), such amounts shall be borne entirely by You. In such case, the amount payable will be increased to the extent necessary to ensure that, once such taxes or surcharges are deducted, DataScope actually receives the net sum that would correspond to it in the absence of such charges.

DataScope reserves the right to change the prices of any service package with 15 days' notice before the next billing cycle, unless otherwise established in another document. Your non-acceptance of the new rates means that You do not agree with them and, consequently, that You do not agree with these Terms and Conditions, so You will not be able to use the DataScope Service.

5.2 Modifications

DataScope reserves the right, at its sole discretion, to modify, discontinue, or terminate the DataScope Service or modify the Terms of Service, at any time and without need for prior notice. In the event that the modification, discontinuation, or termination affects the rights of Clients, DataScope will notify You of such modification in a timely manner.

DataScope may make modifications or updates to the DataScope Service (such as infrastructure, security, support, technical configurations, features, etc.) at any time, including those intended to reflect changes in technology, industry practices, Platform and/or Application usage guidelines, and Content availability. Accordingly, specifications, features, usability, administration, Content, etc. may be modified, at any time and without need for prior notice, at DataScope's discretion.

The User agrees to accept all patches, bug fixes, updates, service packs, and maintenance (together, the “Patches«) necessary for the proper functioning and security of the DataScope Service. DataScope is not responsible for performance or security issues with the DataScope Service that result from the User's failure to accept the application of the Patches necessary for the proper functioning and security of the DataScope Service.

Except for emergency or security-related maintenance activities, where necessary (which will be determined exclusively by DataScope), DataScope will coordinate with the Administrator the scheduling of the application of the Patches, when possible, based on DataScope's standard available maintenance windows.

Any modification to the Terms of Service will be announced on the Site and/or we will send You a notification of the modifications. Additionally, we will update the “Last Updated Date» at the top of the Terms of Service or on the Site or Application. 

By accessing or using the DataScope Service after we have announced and/or notified a modification to the Terms of Service, You are deemed to accept and be bound by the new Terms of Service.

If the new Terms of Service are not acceptable to You, You must cease using the DataScope Service. Your continued use of the DataScope Service constitutes your acceptance of any modified Terms of Service.

Some parts of the DataScope Service may, in the future, have different terms and conditions than those announced on the Site or may require You to accept additional terms and conditions. In the event of any conflict between the Terms of Service and those announced for a specific part of the DataScope Service, the latter shall prevail with respect to your use of or access to that specific part of the DataScope Service.

DataScope may, at its sole discretion, create new applications, software, or services that may be subject to different prices, terms and conditions, and licenses that are more or less restrictive than those set forth herein.

5.3 Termination and cancellation of the account

If You breach these Terms of Service, DataScope will have the right to suspend, deactivate, or cancel your account or terminate the DataScope Service, at its sole discretion and without prior notice. DataScope reserves the right to revoke your access to and use of the DataScope Service at any time, with or without cause. If DataScope terminates the DataScope Service due to your breach, You will remain responsible for any and all amounts owed under these Terms of Service.

You may cancel your account at any time from your account at https://datascope.io/es/  or by sending an email to payments@datascope.io. Once the DataScope Service has ended, the User will no longer have rights to access or use the DataScope Service. 

In the event that You or DataScope cancel your Account for any reason, any license granted herein will terminate, but your obligations described herein in the Sections entitled “Payment Fees”, “Intellectual Property”, “Legal Notice”, and “Limitation of Liability”, as set forth herein, as well as any obligation of yours set forth in the Privacy Policy, will survive any termination or expiration of the DataScope Service or any agreement between you and DataScope, and You will not be entitled to receive any refund for any amount paid in advance in the event of early termination.

5.4 Feedback

We invite You to provide us with feedback, comments, and suggestions regarding the DataScope Service (“Feedback)”. You may send your Feedback by emailing us at info@datascope.io or through the help section of the DataScope Service. You acknowledge and agree that all Feedback will be solely and exclusively owned by DataScope, and You hereby irrevocably assign to DataScope your right, title, or interest in such Feedback and its content.

5.5 Contact

All notices or other communications permitted or required under this agreement, including those relating to modifications to these Terms of Service, the DataScope Service, the Site, and the Application, shall be made in writing and given: by DataScope (i) via email (in each case to the address You provide) or (ii) by posting on the Application or the Site. For notices made by email, the date of receipt will be deemed to be the date on which such notice is transmitted. 

By providing your email address, You agree to receive emails from us with information related to your Account, new and existing features, product updates and improvements, company and industry news and events, community updates, and communications that connect you with other members and volunteers.

If you have any questions about these Terms of Service or wish to contact DataScope, please write to us at info@datascope.io. Additionally, we make available a chat where you can find information and answers to questions about using the DataScope Service.