Effective Date: June, 2025

Welcome to FIDELYA (“we,” “our,” or “us”). By accessing or using our website, https://www.fidelya.cl (“Website”) or the FIDELYA SaaS platform (“Software”), you agree to comply with these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our Website or Software.

1. Acceptance of Terms

By accessing or using the Website or Software, you confirm that you are at least 18 years old or have legal consent from your guardian. Continued use constitutes full acceptance of these Terms.

2. Use of the Website and Software

You agree to use the Website and Software only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use. Prohibited uses include, but are not limited to:

• Engaging in illegal or fraudulent activities.
• Accessing or attempting to access systems, accounts, or servers without authorization.
• Introducing malicious code, viruses, or malware.
• Impersonating others or misrepresenting affiliations.
• Reproducing, distributing, or modifying content without FIDELYA’s prior consent.

3. User Accounts

1. Registration and Credentials
   If you create an account (as an admin, manager, or staff member), you are responsible for keeping your credentials confidential.
2. Unauthorized Use Notification
   You agree to promptly notify us of any unauthorized or suspicious use of your account.
3. Suspension or Cancellation
   We reserve the right to suspend or terminate accounts that violate these Terms, without prior notice or additional liability.

4. Intellectual Property

All content on the Website and Software — including, but not limited to, text, images, designs, logos, trademarks, and source code — is the property of FIDELYA or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or use this content without written authorization from FIDELYA.

5. Subscriptions, Payments, and Billing

1. Plans and Pricing
   FIDELYA offers monthly or annual subscription plans. Pricing and plan details are published on the Website and may be updated periodically.
2. Payment Methods
   We accept payments via credit card (Visa, Mastercard, American Express) and bank transfer. Charges are processed through secure gateways (e.g., WebPay in Chile).
3. Billing and Invoices
   Electronic invoices (SII) and/or receipts are issued based on your taxpayer status and sent by email after each successful charge.
4. Plan Changes
   You can change your plan from the admin panel. Adjustments apply immediately, and charges are prorated for the remaining period.
5. Refunds
   Refunds are reviewed according to our Refund Policy. To request one, email facturacion@fidelya.com with details of your case. FIDELYA reserves the right to approve or deny refunds as stated in the service contract.

6. Disclaimer of Warranties

The Website, Software, and all content are provided “as is” and “as available,” without any warranties, express or implied. FIDELYA does not guarantee that the Website or Software will be error-free, completely secure, or uninterrupted.

7. Limitation of Liability

To the fullest extent permitted by law, FIDELYA shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from:

• Use or inability to use the Website or Software.
• Errors, omissions, interruptions, defects, or delays in operation.
• Loss of data, revenue, or profits.

FIDELYA’s total liability to you, for any reason, shall not exceed the amount you paid to FIDELYA within the six (6) months preceding the event that caused the claim.

8. Termination

We reserve the right to suspend or terminate your access to the Website or Software, at our sole discretion and without prior notice, if we believe you have violated these Terms or any applicable law. Upon termination, your right to use the Software ceases immediately, and stored data may be deleted after an internal retention period defined in our Privacy Policy.

9. Links to Third-Party Sites

The Website and Software may contain links to external sites not operated by FIDELYA. We are not responsible for the content, privacy policies, or practices of those sites. Use of third-party resources is at your own risk.

10. Privacy and Data Protection

Your personal data is handled in accordance with our Privacy Policy, available at https://www.fidelya.cl/privacy-policy. By accepting these Terms, you also agree to data processing under that policy.

11. Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of the Republic of Chile, without regard to conflict of law principles. Any disputes arising from these Terms shall be submitted to the exclusive jurisdiction of the Courts of Santiago, Chile.

12. Changes to Terms

We reserve the right to update or modify these Terms at any time. The latest version will be posted on this page with a new “Effective Date.” Continued use of the Website or Software after publication constitutes your acceptance of the revised Terms.

13. Contact

If you have questions or concerns about these Terms, please contact us at:

FIDELYA
Email: soporte@fidelya.com
Sales: ventas@fidelya.com
Address: Av. del Software 456, Santiago, Chile

Thank you for trusting FIDELYA!