LEGAL TERMS AND CONDITIONS FOR USING THE TECNO.BLUE WEB PORTAL.Access and use on behalf of the users (the “user” or “users”) of the portal at www.tecno.blue (here onward the “Tecno.Blue web portal”), belonging to Tecno Blue Inc. (here onward “the company”) will be governed by the following terms and conditions.

Accessing the Tecno.Blue web portal identifies you as a user and implies the full and unreserved acceptance of all the terms and conditions which are active at the time the user accesses the Tecno.Blue web portal. Both access and usage of the Tecno.Blue web portal are held subject to the acceptance of these terms and conditions on behalf of the user.

The company reserves the right to at any time, without need of prior warning, make changes to the information contained on the Tecno.Blue web portal, as well as to its terms and conditions. These modifications become effective immediately after their incorporation to the Tecno.Blue web portal.

Intellectual property rights.

The brands, warnings, commercial names, publicity, designs, logos and text found on the Tecno.Blue web portal belong exclusively to the company, or the third parties who have previously explicitly authorized Tecno.Blue to use them. The user does not have any rights or expectations regarding them. Any use or exploitation, by any means, of any content included in the Tecno.Blue web portal, without prior written consent from the company, is forbidden. The design and contents of the Tecno.Blue web portal is protected according to national and international intellectual property protection laws, including commercial property and copyright, making it forbidden to: modify, copy, distribute, transmit, display, publish, edit, sell or in any way exploit the design or contents of the Tecno.Blue web portal.

Confidentiality.

Tecno.Blue does not wish to receive confidential information or private information belonging to the user through our website. Any information or material sent to Tecno.Blue will be considered not to be confidential. Upon sending any information or material to Tecno.Blue, the user grants Tecno.Blue an unrestricted and irrevocable license to copy, reproduce, publish, upload, transmit, distribute, publicly exhibit, enact, modify, create derived work and in any other way freely use this material or information. Tecno.Blue can use any idea, concept, know-how or techniques which the user sends for any purpose. Tecno.Blue will be able to publish the user's identity should this be required by law or by an authority. The personal identity information of the user will be handled according to our privacy policies. Please consult the tab “Privacy Policy” to access information related to this policy.
Global availability.

The information which Tecno.Blue publishes online can contain references or cross references to products, programs and services supplied by Tecno.Blue which are not available or accessible in the user's country. These references do not mean that Tecno.Blue has the intention nor the obligation to make available these products, programs or services in said country. The user can send inquiries via the section “Contact Us” at Tecno.Blue if they wish to receive more information about the products, programs and services which might be available in their country.
Electronic communication.

The user agrees to receive electronic communication from us in a variety of forms, for example through the following types of data messaging: email, text messages, automatic notifications on our platform. The user agrees that all contracts, warnings, messages and other notifications and communications which we send via electronic means satisfy the legal requisites for written communication and are fully legally valid.


Denial of guarantees and availability.

The company does not guarantee the availability or continued operation of the Tecno.Blue web portal and of the services on the portal which is continually updated. Therefore it is not guaranteed that said portal will permanently operate freely of errors, and Tecno.Blue do not assume and exempts themselves from responsibility for damage suffered by the user due to non-use or inability to use the information or services provided through the Tecno.Blue web portal, as well as exempts themselves from responsibility for any damage or harm caused to the user's hardware or software which develops due to accessing their digital publication or from using the information or applications found therein. The company will not be held liable for possible damage or harm which may be caused by interferences, omissions, interruptions, computer viruses or disconnections from the Tecno.Blue web portal for any reason, including causes outside the company. The company will neither be liable for technical problems which may affect the normal functioning of the Tecno.Blue web portal. The user assumes all responsibility for the interpretation and use of the information found on the Tecno.Blue web portal and will also be responsible for the violation of third parties' proprietary or personal rights against morals, good practice or public order, which in any way may harm, interfere with normal use, render useless, overload or deteriorate the Tecno.Blue web portal. In all eventualities, and without contradicting the former, the responsibility of Tecno.Blue will always be limited to a proportionate reimbursement of the total paid by the user to Tecno.Blue (if such a cost was incurred), if it is found that an error was due solely and exclusively to grave negligence on behalf of Tecno.Blue.
Products and services offered.

The products, services and prices included on the Tecno.Blue web portal do not constitute a fixed offer, they are subject to change and limitations, and are directed to the public in general, as non-determined people, and therefore it will always be necessary for the company to confirm and accept both the order placed and the payment made by the uses, at which point the relevant bill and sales contract between the user and the company will be issued. The conditions under which each product is offered will be established by the company and/or its affiliates at the point of sale and accepted by the user, being able to change at any point, according to the terms and conditions established for each product. These terms and conditions are published on every portal where those products sold by Tecno.Blue are hosted, which can be accessed via the section “services”.
Prices.

Unless otherwise indicated, all the prices indicated through Tecno.Blue's services exclude taxes, which will be added according to law.

Unless otherwise indicated, the price advertised for any Tecno.Blue service represents the public sale price for said product, calculated based on standard industry practices; or the estimated sale price of the product based on the value of a comparable product offered elsewhere. The displayed price may or may not represent the set price at all locations on any set date.

Payment for services ordered.

The user must make payment in advance to Tecno.Blue for the service in a single, monthly, annual or triannual payment, according to the form of service ordered and the current rates, under the understanding that the user's acceptance of the here stipulated terms and conditions, as well as the acceptance of the terms and conditions applicable to the service ordered, also imply acceptance of these charges.

The user acknowledges and accepts that Tecno.Blue will be able to end the provision of the service without any responsibility and without need of a legal statement, should the user not pay the charges corresponding to the provision of the service within 30 continuous days following the issue of the bill. Likewise, the user acknowledges that at that point of the provision ending, all information stored on our platforms will be deleted.

Likewise, it is understood by the user that reactivation of the service will be made by Tecno.Blue within seventy two (72) hours of payment being issued.

Payment conditions.

The user will receive a monthly, annual, or triannual bill depending on the form of the plan selected, and commits to paying all fees in their totality by the due date. They will not use compensation as exemption from their payment obligations as a user. The user acknowledges that they cannot withhold any payment for whatever reason, including a dispute with us. We may require advance payment, in total or in part, before providing any service. If the user chooses to issue their payments with a credit card, we will automatically bill the card at the start of each billing period, within the first five (05) days of this period.

Activation and configuration of services.

The service will be activated by Tecno.Blue within the determined time frame according to the product, using as a reference the terms and conditions of each product, which you will be able to access through the services section on the website www.tecno.blue.

Once the service has been ordered, Tecno.Blue will send a notification that the service is active, alongside the information the user will need to the email address provided by the user, through the administrator of the service who establishes the necessary configuration so that the user can begin to enjoy the service. Likewise, the user will receive a notification regarding the corresponding bill, which must be closed to begin configuring the service.

Aftersales support.

Tecno.Blue offers, free of charge to its users, technical support to resolve questions or errors there may be in the service ordered, during working days, through the user portal https://gestion.tecno.blue/clientarea.php, through the email soporte@tecno.blue, or over the phone through our available user support numbers:

USA
Panama
Mexico
Colombia
Chile
Peru
Argentina

For technical help and support, Tecno.Blue commits to: (1) making a complete assessment when it receives a user's notification of an error or problem with the service; (2) providing the user with a report number when the error or problem with the service cannot be immediately resolved; (3) classifying the error based on its level of severity; (4) notifying the user about any change which may affect the time frame given for solving the error, and (5) notifying the user when the service is fixed.

It will be the user's responsibility to save the report number for the error, through which they can demand a guarantee of service from Tecno.Blue, with the understanding that this guarantee of service ends when the user has been notified of a solution to the problem and agrees that the service has been restored. Likewise, this will be considered the end of the period of unavailability of the service, unless the user declares that their error has not been solved.

Tecno.Blue will not close the error report case until receiving confirmation from the user that the problem was resolved. To do this they will attempt to reach the user via phone. If they cannot reach the user via phone they will send an email notifying the user of the solution to the error and the closing of the report. The user accepts as valid and acknowledges the described procedure as a means of accepting the resolution to the problem.

Reports, as well as their solution time frames, begin at the point a case is reported.

Suspended services.

Tecno.Blue reserves the right to temporarily suspend or completely cancel the service at any point if:

  1. The user ceases to fulfil with any duty established in this agreement or any other agreement between the user and Tecno.Blue, or makes any declaration or guarantee which turns out to be false or ceases to be true.
  2. The user violates the security conditions or could potentially do so. Likewise, when the service is found to have vulnerabilities attributable to the user and which may put Tecno.Blue's infrastructure at risk.
  3. It is necessary to run maintenance tasks, improve the service, with prior warning to the user at least forty eight (48) hours before this begins. However in cases where the security and integrity of the service which threatens the user, other users, or third parties, the service may interrupt without prior warning so that technical support may give immediate attention to the issue.
  4. The user does not pay for the service in a timely manner, as outlined in the “payment for services ordered” clause in these terms and conditions.
  5. It is ordered by a judicial authority.
  6. We receive any notification from a third party which removes the user's right to use or display a name, brand, or other content.

Automatic renewal.

We automatically renew all services for successive instalments after the end of the first instalment, unless we receive written notification from the user that they wish to cancel at least 30 days before the end of the current instalment. The user accepts that the prices, present terms and conditions for this time will be automatically applied. If this agreement is renewed, fees will not be charged for beginning the ordered services.

Stopping service provision.

The user will be able to request to end the service through the user support means provided, as long as they have been charged for at least one monthly payment, with the user being obliged to pay for the full monthly cost. Written notification of cancellation must be sent at least 30 days before the end of the present instalment.

The user accepts that upon ending the services they will no longer have access to them, nor to the information contained on them, meaning that the user assumes responsibility for backing up or deleting information contained on the service.

Refund policy.

In the case of non-fulfilment of the service guarantees or unavailability of the service due to errors in the service completely and solely the fault of Tecno.Blue, the company will refund the relevant portion of the monthly/annual/triannual payment for every day of service not provided. It remains understood that said refund in no situation can be greater than a month of fees corresponding to the service not fulfilled. Once the refund amount is determined, it will be credited to the user in the next bill.

Should an annual or triannual service be annulled or cancelled, a refund will not be issued for the total billed. Should it be a monthly payment plan, at the point of receiving the request, the refund will be retained for a definite period. If it is not successful, the service will be cancelled before a new bill is due.

Registration and enrolment of the users.

Accessing the Tecno.Blue website is not subject to prior registration or subscription on behalf of the user. That withstanding, accessing certain services on the portal will only be allowed following registration. Under these conditions, the user guarantees the truthfulness and accuracy of the data registered, and commits to:

  • Communicating changes in details in a timely manner, so that they remain accurate.
  • Not using their user account with different purposes to those for which it was intended.
  • Diligently and confidentially preserving their password, preventing other people from accessing it, and immediately communicating the company when they are stolen or lost and, in general, any unauthorized use of their account by third parties.
  • Not copying or altering pages or contents which the company offers online, or attributing them to other websites.

Restrictions in use of the service.

The user is compelled to:

  • Not causing or permitting any act to be made against the interests of Tecno.Blue and/or any of its users, which directly or indirectly may reflect on the activities or professional image of Tecno.Blue and/or any of its users.
  • At all times fulfil the legal obligations which govern the provision and use of the service.
  • Limit, restrict, avoid, forbid and impede that any third party misuses, abuses or uses the service in any unauthorized manner, committing to covering any cost, including damage and harm, which are incurred to Tecno.Blue and/or third parties due to their inaction.
  • Maintain absolute confidentiality regarding any printed, verbal, audiovisual, or any other type of documents which Tecno.Blue provides them with for the fulfilment of the present terms and conditions.
  • Not relinquish, levy, or transmit the rights and responsibilities issued in this document unless prior written authorization has been received from Tecno.Blue.
  • Abstain from accessing, witnessing or altering the details or communications of other users as well as of Tecno.Blue's teams and any third parties, without explicit consent from the party affected. Non-observance of this permits Tecno.Blue, without any responsibility or need for a legal statement, to disconnect the service immediately, also to demand that the damage and harms caused be compensated, as well as take any further actions as required by the situation.
User statements.

The user states and certified that (1) they have the unrestricted right to use and award the permission they are granting through the present agreement regarding all the user content and that this awarding of permission regarding the user content does not infringe on the copyright or brand rights of any third party; (2) their products will fulfil all pertinent laws, orders, codes, regulations and requirements (“laws”), and that the user as well as people registered to their products have the necessary licenses to make use of the goods and services advertised in all the jurisdictions where these products appear; (3) they have no borne false witness or made false statements in reference to any product; (4) in the eventuality that they make use of social network logos or other forms of branding in their advertisements that belong to third parties, that they are and will continue to be a member with full access rights on every social media platform which is represented via logos of brands in their advertisements, according to the terms and conditions of these platforms; (5) they will fulfil our digital privacy policy and terms of use as outlines; (6) they have no solicited, and will not use our products or digital platform for any illicit purpose or business; (7) they have not infringed upon any legal or contractual obligation upon signing this agreement and requesting us to deliver our product; and (8) that they form or represent the company related to the aforementioned products (“user statements”); (9) they commit to notifying us in the eventuality that any of the former cease to be true.

Indemnities.

The user commits to defending, indemnifying and exonerating Tecno.Blue, as well as its agents, representatives, employees and affiliates, from any harm or cost, including lawyers' expenses and fees which have resulted from (a) any infraction of a user statement; (b) their inability to fulfil all legal requirements; (c) any action, omission, or error on their behalf or that of their employees, agents or contractors, in relation to the products; (d) any claim which indicates that user contents, or other information provided, violates any pertinent law or infringes on any patent, copyright, brand, commercial secret or any other right belonging to a third party; (e) any communication made through their products or the compilation or use of any information through their products or our digital platform; (f) any infraction of a pertinent law concerning export control; (g) any transaction which begins through their products and any digital product of payment processing. Due to this section, the user will continue to be legally bound to this agreement even after its completion.

Declarations related to contents provided.

Users may send certain photographs or images, audiovisual material, logos, text or artistic works so that they can be used in connection with a product or service which we are providing. The users agree and guarantee that:

The content has been created by them or their employees and they have the unrestricted right and absolute authority to use the content in any form of communication and in any product, in the form in which they are making use of it on said product or form of communication. Likewise, that they possess the authority to give Tecno.Blue the rights granted in the agreement, or that the content has been created by a third party who has given written consent for this content to be used in the product or form of communication and that they also give us the rights granted in the agreement.

Likewise, they agree and guarantee that if the content includes the likeness or name of a person or group of people, they have have obtained the right to use the name or likeness – without any restriction or expiration, as stipulated – from every one of these people (or from their parent or legal guardians, in the case that the person is under eighteen (18) years of age) and that they can give us the rights granted in this agreement.

The users recognize that each delivery of content which reached Tecno.Blue or its affiliates, online or otherwise, is subject to these declarations.

Products with design services.

If the user acquires a product with design services they must: take part in an initial interview to inform the design team of their requirements and revise the presentation of an (1) original design and provide the consultant with up to two (2) rounds of revision.

The designs may include elements of their logo or complementary graphics delivered, but will not include illustrations, traditional media drawings, traditional media colouring nor design of logos (unless the corresponding fee is paid for these services). All suggested text and images must be delivered before the design service begins and it is the user's responsibility to deliver said material in a timely manner.

If the logo design delivered by the user is not a vector image of sufficiently high quality, we will offer to recreate the logo in a vector format.

  • Duty to respond. The user agrees to respond to any request for content, comments or approval within three (3) working days counted from the point at which the request is received. Not participating in the initial interview or not providing contents, commentary or approval as requested within thirty (30) days of our request may result in the conclusion of the services without refund or credit provided. Any unfinished design can be archived and it is possible that additional fees must be paid in order to recover it.
  • Termination of the service. The delivery we make of the final approved design (following the second round of revisions) through the design administrator or an email concludes our obligations regarding this contract and exempts us from any obligation to further actions, revisions or modifications. Requests for additional design compositions or additional revision will result in further design fees according to the additional work requested. If the user cancels the services once the work has begin, a termination fee will be incurred based on the work completed to that point.
  • Limits placed on content. We reserve the right to reject any instruction to create a design which exploits children, contains pornography or other images in poor taste or against good practice, that contains copyrighted materials or brands belonging to others or which infringes on the intellectual property rights of others, provokes violence, defamation, insult or injury to others, or for any other reason which we decided upon at our complete discretion.
  • Absence of obligation to a back up copy. We have the right, but not the duty, to make back up copies or to archive your design before delivery.
  • Non-guarantee of intellectual property rights. Any design developed by us is delivered free of any declaration or guarantee regarding your ability to obtain a brand, copyright or other intellectual property protections in any other jurisdiction. We explicitly deny any responsibility for the non-completion of intellectual property rights or proprietary rights of third parties. We are not responsible for warning you about any possible problem with branding or copyright related to the logo design proposed, and the user must make this sort of query to their lawyer.

Violation of these terms and conditions.

The company can carry out all necessary legal actions in response to any violation of the present terms and conditions of the Tecno.Blue web portal, including restricting access to this website or suspending the services taken on regarding specific users.

Applicable legislation and contractual address.

The use of this portal and of Tecno.Blue's services is governed by the laws of the Republic of the United States of North America. Reports must be addressed to the city of Miami, State of Florida, to the jurisdiction of whichever courts the reports explicitly state they must be exclusively addressed.