Terms and Conditions Donor Companies

Oct 18, 2024

Introduction
This contract regulates the access and use of the EatCloud platform, owned by EatCloud S.A.S. BIC, at an international level. By using the platform, the User accepts these terms.

2. Service Description
EatCloud is a cloud platform that connects food donor companies with distribution points (food banks, soup kitchens, etc.). Access is subject to these terms and payment of applicable fees.

3. Account Creation and Access
Company, donation point and user accounts will be created by EatCloud using the information provided by the User. It is the User’s responsibility to ensure that the information provided is correct and to maintain the confidentiality of his/her credentials.

4. Permitted Use of the Service
The User must use the service in a lawful manner and is prohibited from:
– Using it for illegal or unauthorized purposes.
– Attempting to breach the security of the system.
– Distributing harmful software or malware.
– Sublicensing, assigning the right of use or allowing use to third parties without prior written authorization from EatCloud.

5. Rates and Billing
The price of the service will depend on the country of use and the version contracted. The User agrees to pay the corresponding fees in the currency indicated, which may vary by region and are subject to local taxes. Fees are non-refundable, unless otherwise provided by EatCloud.

6. Annual Price Adjustment
EatCloud may adjust the prices of the service annually in accordance with inflation in the country where the service is used. The User accepts these settings by continuing to use the platform after notification. The notice shall be given at least 30 days in advance.

7. Intellectual Property Rights
All content and technology on EatCloud are the property of EatCloud S.A.S. BIC or its licensors. The User may not copy, modify or distribute without prior authorization.

8. Protection of Personal Data
The processing of personal data is carried out in accordance with Law 1581 of 2012 of Colombia, Decree 1377 of 2013, and other applicable regulations. Personal data collected will be processed in accordance with the Data Processing Policy available at Personal Data Processing Policy – Eatcloud. By using the platform, the User consents to the transfer of his/her data to other jurisdictions, as necessary for the provision of the service.

9. Limitation of Liability
EatCloud S.A.S. BIC shall not be liable for indirect, incidental or consequential damages. The total liability is limited to the amount paid by the User in the last three (3) months prior to the claim.

10. Suspension and Termination
EatCloud may suspend or terminate access to the service if the User violates these terms. The User may cancel his/her account at any time, but no refunds will be made.

11. Modification of the Terms
EatCloud S.A.S. BIC may modify these terms, and the changes will take effect thirty (30) days after they are published on the platform. Continued use of the service implies acceptance of the new terms.

12. Applicable Law and Jurisdiction
This agreement is governed by the laws of the Republic of Colombia, and any dispute will be resolved in the courts of Bogotá, Colombia, unless the parties agree to an alternative dispute resolution mechanism.

13. Language and Translations
The English version of these terms prevails over any translation.

14. Contact
For questions about the contract, the User may contact EatCloud through soporte@eatcloud.com or the support portal.

15. Support and Service Level Agreements (SLA)
a) Support Hours – Support will be available Monday through Friday, from 7:30 a.m. to 6:30 p.m. (Colombia time), excluding national holidays.
b) Means of Support – The User may access technical support through the following means:
– Email: soporte@eatcloud.com
– Support WhatsApp: +3239023235
– Support Portal: https://newaccount1617917381065.freshdesk.com/support/solutions
c) Support Levels for Paid Customers – Customers using the paid version of EatCloud will receive technical support under the following levels of care:
– High priority cases (critical issues affecting the essential operation of the service): Initial response time of 4 business hours.
– Operational requests (minor adjustments or consultations): Response time of 15 working days.
d) Support Levels for Free Version Customers. Users using the free version of EatCloud will receive technical support only for high priority cases and under the following conditions:
– High priority cases: Response time of up to 2 business days.
– Support will be provided only via email (soporte@eatcloud.com).
e) Exclusions – Support will not be provided outside of established hours or by means other than those mentioned in this addendum, unless EatCloud S.A.S. BIC determines otherwise under special circumstances.