Terms and Conditions

1. Introduction

By accessing and using the software and related services provided by CapStreams SpA, ("CapStreams", "we", "us", "our"), you ("the "Customer", "you") agree to be bound by these terms and conditions ("Terms and Conditions") and any other policies, guidelines or notices that may be posted on the CapStreams website or otherwise made available to you by CapStreams. CapStreams reserves the right to change these terms and conditions at any time without prior notice.

By electronically accepting the Terms and Conditions, you agree to the Terms and Conditions and any other policies, guidelines or notices that may be posted on the CapStreams website or otherwise made available to you by CapStreams. This terms take effect on the date of the acceptance and will continue to be effective until terminated by either you or CapStreams.

2. Definitions

"Services" refers to all products, software, and services offered by CapStreams. "User Content" means any data, information, or material provided or posted by users of the Services. "Order Confirmation" refers to the formal acceptance of a user's request for paid Services.

3. Services

CapStreams provides free and purchased services depending on the role of the user. Both services are subject to these Terms and Conditions.

Paid services are purchased through the website and are subject to the specifications of the Order Confirmation. You can suspend the Services at any time without prior notice. CapStreams will not refund for services already paid and will not issue partial or proportional refunds, except at CapStreams' discretion.

Free services are not subject to any charge. The use of free services implies acceptance of these Terms and Conditions.

4. Data Ownership

Data, report added by the user to the CapStreams platform, is owned by the user and is subject to the user's privacy policy. CapStreams uses the Data only for the purposes of providing the Services and for the purposes of complying with the Terms and Conditions. CapStreams may use the data to generate anonymous usage statistics and to improve the Services. CapStreams does not sell or license the Data to any third party.

You can request a copy of your data by contacting us at support@capstreams.com as long as the account has not been deleted by the user.

5. Intellectual Property

All intellectual property rights in and to the Services, App and Website belong to CapStreams and its licensors. CapStreams does not transfer, assign, or convey any intellectual property rights in or to the Services, App or Website, whether by estoppel or otherwise. CapStreams does not grant any licenses or other rights to any intellectual property owned by CapStreams or its licensors.

6. Payment of the Services

Access to purchased services is subject to the payment of fees, unless otherwise mentioned in the Order Confirmation.

All prices are exclusive of VAT.

Prices can be updated for all services and will be effective as published on the website. If we increase the price, we will give you a 30-day notification in advance.

7. Limitation of Liability

CapStreams shall only be liable for its own flagrant negligence or bad faith. To the fullest extent permitted by applicable law, CapStreams shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services.

8. Changes to Terms and Services

CapStreams reserves the right to modify these Terms and Conditions at any time. We distinguish between non-material changes and material changes:

Non-material changes are those that do not significantly affect your rights or obligations. These changes may be implemented without prior notice and will be effective immediately upon publication.

Material changes are those that significantly affect your rights or obligations. We will provide at least 30 days' notice before implementing any material changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms and Conditions.

CapStreams may also make changes to the Services from time to time. Non-material changes to the Services (those that do not change the nature of the service) may be implemented without prior notice and do not allow the client to terminate the services. Material changes to the Services will be communicated with at least 30 days' notice.

9. Duration and Termination

These Terms will remain in full force and effect while you use the Services. The Services can be terminated at any time without fees reimbursement. Upon termination, you may request an export of your data by contacting us at support@capstreams.com. CapStreams reserves the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

10. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

11. Use of Services and Account Activity

You agree not to use the Services for any illegal activities. You are responsible for securing your username and password and for all account activity conducted using your credentials. CapStreams is not responsible for the information shared on the platform; the author of the information bears this responsibility.

12. Contact Information

For any questions or concerns regarding these Terms and Conditions or the Services, please contact us at support@capstreams.com.

13. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Chile, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.