Terms and Conditions of Use for MyIntelli Software

The SERVICE PROVIDER, MY INTELLI, agrees with the client, hereinafter referred to as THE USER, to allow the temporary use of the MyIntelli Software under the Software as a Service (SaaS) model, in accordance with the following terms and conditions:

CONSIDERATIONS:

  1. The license to use MyIntelli will not be exclusive, meaning that other clients will be able to access the same software.
  2. THE USER may not copy MyIntelli, in whole or in part, nor may they repair, modify, rent, lend, etc. It may only be used by employees of THE USER in the scope of their activity. If any of these employees or authorized persons misuse it or attempt to reproduce it, THE USER will be held criminally liable.
  3. Both Parties declare that they have full power and authority to enter into these terms and conditions.
  4. This document, once signed, will constitute a valid and enforceable obligation in accordance with its terms and applicable law.
  5. This document binds only the signatories.
  6. The Parties declare that they are not involved in any legal incapacity or incompatibility for contracting as stipulated by applicable laws.
  7. The subscription of the service cannot be fully or partially transferred by THE USER without prior written authorization from MY INTELLI.

SERVICE VALUE: The service has a total value specified in the terms quoted in the economic proposal accepted by THE USER, which forms an integral part of this agreement. The PARTIES agree that payment will be made as follows: Under the monthly or annual subscription payment method;

  1. The first payment will be made in advance for equipment (if applicable), custom developments (if applicable), and implementation.
  2. After the first payment, the invoice will be sent within the first five (5) days of each month during the service term and must be paid by the invoice due date.
  3. Software service will be invoiced at the end of the month based on the number of employees registered on the platform as of the month-end, billed according to the highest number of license uses. Prices will increase upon service renewal each year, with a minimum base of the price increase index reported by the local government in the previous year. THE USER’s non-payment will result in automatic suspension and/or disconnection by MY INTELLI, ceasing its obligation to allow temporary use. For the annual subscription payment method, the payment must be made in advance.

ADDITIONAL LICENSES: If additional licenses are required beyond those purchased under the annual payment method, THE USER must request this from MY INTELLI’s Sales Department. Activations will be handled in packages of 20 licenses or more. The value per additional license will remain the same as the current price paid by THE USER during the subscription period. If a license decrease is required, THE USER must notify MY INTELLI in a timely manner to deactivate the licenses before renewals are processed.

PERFECTION OF AGREEMENT: This agreement becomes effective upon electronic subscription by THE PARTIES. The date of subscription will be considered as the date on which the last party signs this document. This method will have the same force and effect as a handwritten signature and certifies the authenticity and integrity of both the signature and the consent of THE PARTIES regarding all the terms of this document, including any annexes.

SERVICE DURATION: The service term is indefinite, starting from the date of signature by both parties.

EARLY TERMINATION OF SERVICE: MY INTELLI may terminate this agreement at any time, with written notification via email or to THE USER’s address, thirty (30) calendar days prior to the effective termination date. However, all obligations pending at the time of termination will remain in effect. Early termination of the service, for any reason, will not release THE USER from fulfilling any pending obligations to MY INTELLI. The service provider may also terminate the service due to a serious breach of obligations by THE USER. In this case, a five (5) business day period will be provided for THE USER to rectify the breach. If the breach is not rectified, MY INTELLI will provide fifteen (15) business days’ notice before service cancellation. THE USER may terminate the service at any time for the following reasons:

  1. By written notice to MY INTELLI at info@myintelli.net, thirty (30) calendar days prior to the effective termination date, with all pending obligations remaining in force.
  2. For MY INTELLI’s failure to fulfill any of its obligations.

TERMS OF USE: THE USER agrees to the following conditions of use for MyIntelli software:

  1. Not to commercially exploit the software.
  2. Not to allow reverse engineering, disassembly, or decompiling of the program by any employees or contractors.
  3. It may only be used from any computer with assigned credentials.
  4. Not to create derivative works based on the licensed software.
  5. If devices are purchased, the installation site must be adequately prepared with the necessary power and data connections for their proper functioning.
  6. Not to sublicense its use.

MY INTELLI’S OBLIGATIONS:

  1. Provide a work schedule for the solution’s implementation.
  2. Implement the project in accordance with the agreed guidelines with THE USER.
  3. Allow access to the MyIntelli software under the terms defined in this agreement.
  4. Maintain the MyIntelli software in proper working order to ensure THE USER has access and use 24 hours a day, 365 days a year.
  5. Provide support and technical service channels for processing requests or inquiries from THE USER.
  6. MY INTELLI must guarantee permanent backup custody and ensure at least one (1) up-to-date, correct, and complete backup copy of all stored data is available for recovery in case of failure or disaster.
  7. In the event of service termination, MY INTELLI will maintain a backup of the data for five (5) years to handle any USER requests.

USER’S OBLIGATIONS:

  1. Pay the total price on the agreed date and terms, and pay for services on time, including any late fees for delayed payments.
  2. THE USER commits to enabling all necessary resources for the physical and logical implementation of the solution, fully adhering to the work schedule provided by MYINTELLI. Delays attributable to either party will be assumed by the responsible party and may result in financial compensation as stipulated in the agreement.
  3. For equipment installation (if applicable), THE USER must provide a network point and electrical outlet within two (2) meters of where the device will be installed, as well as an active internet connection.
  4. Exempt MY INTELLI from any liability for damages THE USER may suffer as a direct or indirect result of improper use of the MyIntelli software.
  5. Maintain confidentiality of any disclosed information during the Service’s term, with this obligation remaining in effect for two (2) years after the Service ends.
  6. Not use MyIntelli to engage in fraudulent activities.
  7. If THE USER becomes aware of any violation or alleged violation of MY INTELLI’s rights over the MyIntelli software (e.g., piracy, unauthorized copies, intellectual property violations, misuse, or unfair competition), they must immediately inform MY INTELLI and provide any necessary information and collaboration if legal actions are pursued.

DECLARATION OF SOURCE OF FUNDS AND PREVENTION OF MONEY LAUNDERING AND TERRORISM FINANCING: THE USER declares and guarantees that the funds and resources used to fulfill obligations with MYINTELLI and assumed under this agreement come from lawful activities and that they are not under investigation, linked, or convicted of crimes related to money laundering and/or terrorism financing.

DISPUTE RESOLUTION: Any dispute or controversy, subject to settlement, arising between THE PARTIES due to the execution, performance, or interpretation of this service agreement, will first be submitted to self-composition procedures, such as negotiation and conciliation. Disputes that cannot be resolved through these means will be submitted to ordinary judicial jurisdiction.

DATA PROTECTION AUTHORIZATION: In accordance with local laws and related regulations, THE USER expressly and unequivocally authorizes MY INTELLI to collect, use, and delete personal data for contractual, administrative, and financial purposes, as necessary for the execution of this service agreement. MY INTELLI will not expose, transfer, or disclose biometric data of individuals registered by THE USER. Data stored in the MyIntelli system is owned by THE USER and will be considered CONFIDENTIAL. MY INTELLI commits to maintaining the confidentiality of all data stored in its system and databases.

TECHNICAL SUPPORT: By subscribing to the MyIntelli Software Service, THE USER acquires the Basic Technical Support Plan, whose SLAs are an integral part of this service agreement. Technical support will be 100% remote, available Monday to Friday from 8:00 AM to 5:00 PM, via service desk, email, and online chat. These support methods are available at the following URL: https://myintelli.net/es/servicio-al-cliente/. Clients have the option to acquire an upgraded support plan to increase technical support benefits in terms of response times and equipment requirements. If THE USER requests or desires on-site support, they must request a quote from their MyIntelli business executive, who will account for travel and per diem expenses. MY INTELLI only provides technical support for equipment sold by the company, limited to technical failures in equipment functionality. Physical damage caused to these devices after installation or misuse by unauthorized third parties will be the responsibility of THE USER.

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