5. Access Credentials. The access credentials received by the User after the subscription process are their sole responsibility. Users are obligated not to disclose their access credentials to third parties and to keep them secure. The User expressly consents that any activity performed using their access credentials is deemed as done by the User, accepting a full presumption that does not admit contrary evidence. Users can modify or reset their access credentials at any time using procedures that comply with the information industry’s security standards.
6. Scope of the Usage License. By accessing Viernes.ai, you will be using one or more software owned by Banana Script LLC. Banana Script LLC exclusively owns all intellectual property rights that compose Viernes.ai and authorizes its use to the User temporarily, non-exclusively, for personal or business use, for the duration and price determined in the subscription process, according to the scope of these terms and conditions and any other agreement or specifications in the subscription process.
7. Use Restrictions. It is prohibited to use Viernes.ai for: i) providing services to third parties; ii) sublicensing, leasing, trading, or making it available to third parties in any form; iii) reverse engineering in any of its forms; iv) using its data, functions, or capabilities to create a product or service available to third parties; v) infringing laws, regulations, or third-party rights; vi) extracting or processing data massively; vii) creating APIs or other forms of connection with Viernes.ai without its consent; viii) using it as part of a mass messaging or communication system. In essence, Viernes.ai, its services, and functionalities can only be used according to these terms and conditions, for the manifest and natural purpose it is made available. Any use directly or indirectly incurring the mentioned prohibitions, exceeding granted permissions, or misusing it, is prohibited.
8. User Content and Data. All data and content introduced by the User to Viernes.ai may be used by Viernes.ai to provide its services and features. It may also be processed to analyze individual User behavior or as part of a group, as well as to gather information relevant to improving software, services, features, User offerings, and Viernes.ai’s capabilities or other services or software owned by Banana Script LLC.
9. Data Communication. THE USER EXPRESSLY ACCEPTS THAT, IN ORDER TO COMPLY WITH THE PREVIOUS PARAGRAPH, BANANA SCRIPT LLC IS EXPRESSLY AUTHORIZED TO PROCESS THE DATA AND COMMUNICATE IT TO PROVIDERS OR PARTNERS, WITH THE SAME PURPOSE AS ESTABLISHED IN THE PREVIOUS PARAGRAPH AND THESE TERMS, AS LONG AS THEY HAVE CONTRACTUAL AGREEMENTS WITH SUCH PROVIDERS OR PARTNERS THAT ENSURE THE SECURITY AND PRIVACY OF DATA AND CONTENT. CONTENTS AND DATA, WHETHER PERSONAL OR NOT, MAY BE PROCESSED IN THE UNITED STATES OF AMERICA.
10. Features. Viernes.ai has artificial intelligence functions that can provide Users with information, answers, and opinions, among other possible outcomes. Additionally, and specifically, it can operate as a personal assistant, performing tasks on behalf of and as instructed by the User. For example, send emails, and messages through applications, and make posts on social networks, telephone calls, or communication systems, in order to fulfill the objectives or tasks requested by the User.
11. Absence of Warranty and Limitation of Liability. In relation to the functionalities listed in Section 10 and any other that may be incorporated or performed by Viernes.ai, it is specifically recorded, and notified to the User, and they accept and consent that:
A) There is no guarantee that Viernes.ai will fulfill any specific purpose, or the one sought by the User.
B) There is no guarantee that Viernes.ai will not make mistakes in executing its functionalities or security breaches.
C) There is no guarantee that Viernes.ai will correctly interpret or understand the User’s instructions.
D) Continuous or error-free operation is not guaranteed, and access is given under the “as is” principle.
E) There is no guarantee that the answers or suggestions provided by Viernes.ai are correct, suitable, or relevant.
F) Viernes.ai does not directly or indirectly has the ability to understand the legality or morality of tasks or instructions requested by Users.
IN LIGHT OF THE ABOVE-MENTIONED ABSENCE OF WARRANTIES, THE USER IS SOLELY RESPONSIBLE FOR CONTINUOUSLY SUPERVISING AND VERIFYING BY OTHER MEANS, THE RESULTS OR ACTIONS PERFORMED BY Viernes.ai. BANANA SCRIPT LLC ASSUMES NO DIRECT OR INDIRECT LIABILITY FOR THE OUTCOME OF ITS USE, DOES NOT ASSUME ANY LIABILITY FOR FULFILLING OR FAILING TO FULFILL THE PURPOSE DESIRED BY THE USER, NOR ASSUMES LIABILITY FOR THE PURPOSE WITH WHICH USERS USE IT. ALL ACTIONS PERFORMED BY VIERNES.AI, AT THE REQUEST OF THE USER AND ON THEIR BEHALF AND ORDER, EXCEPT AS REFERRED TO IN SECTION 13, WILL BE DEEMED, FOR ALL PURPOSES, AS PERFORMED BY THE USER AS THE SOLE RESPONSIBLE PARTY. THE USER WILL DEFEND AND HOLD HARMLESS BANANA SCRIPT LLC, ITS EMPLOYEES, DIRECTORS, REPRESENTATIVES, AND SUPPLIERS, FROM ANY LOSS, EXPENSE, DAMAGE, OR COST – INCLUDING ATTORNEY’S FEES – ARISING FROM A BREACH OF THESE TERMS AND CONDITIONS.
12. Personal Data. The use of Viernes.ai necessarily implies the hosting and processing of your personal data in order to fulfill current or future functionalities. In this regard, the User expressly consents that:
A) Banana Script LLC hosts and processes their personal data for the purposes set out in the terms and conditions.
B) Banana Script LLC carries out the hosting and technical processing of personal data in the United States of America.
C) Banana Script LLC transfers your data to providers, partners, or business partners within the framework and for the purposes established in these terms and conditions, as long as the third party guarantees the confidentiality and security of the data.
D) Banana Script LLC can make recommendations or offers to Users.
13. Intellectual Property. Users retain full ownership rights or the relevant rights they hold over the data or intellectual property they introduce into Viernes.ai. However, any data, derivative, or original work that may be developed based on the inputs provided by the Users and is processed and developed by Viernes.ai will be considered its exclusive property, to the fullest extent possible under applicable law. Additionally, all information and data entered, whether protectable by intellectual property or not, are deemed to be perpetually licensed in favor of Banana Script LLC with the scope and purpose set out in these terms and conditions.
14. Information Security. Banana Script LLC will make efforts to apply logical, physical, and legal information security measures, according to the average standard of the information technology industry. Regardless, it will not be directly or indirectly liable for security breaches, unauthorized access, hacking, or other incidents that compromise security, unless they occur as a result of fraud or malice by Banana Script LLC.
15. Term and Termination. These terms and conditions and their successive versions will be in force for as long as the User uses Viernes.ai, notwithstanding that after the User decides not to be a subscriber of Viernes.ai, those sections that by their nature, should continue, will still apply. Banana Script LLC may: i) at its sole discretion temporarily suspend or definitively terminate its relationship with any User if it has evidence or relevant indications that the User is using Viernes.ai in violation of the terms and conditions or for illegal purposes and ii) at any time and without incurring any liability, terminate access and provision of services or functionalities, either partially or fully, giving a 24-hour natural notice to Users.
16. Data and Termination. Banana Script LLC is not obliged to back up any of the information provided by the User in their interaction with Viernes.ai, nor the results obtained from them. Backing up is the exclusive and sole responsibility of the User. Once the relationship with the User is terminated, for whatever reason, Banana Script LLC has the right, at its sole discretion, to destroy all information and data obtained from the User or to retain it indefinitely, without being able to use it for any purpose other than that originally authorized by the User, notwithstanding the legal provisions that may exist according to the regulations applicable to each User. The User will not be able to access backup information or data after their relationship has ended.
17. Prices and Payments. Banana Script LLC may at any time set prices for access to its software, services, and features as it deems appropriate. In all cases, any price established must be notified and previously consented to by the Users before it is charged. Prices and benefits may be unilaterally modified by Banana Script LLC at any time, but new prices cannot be charged without prior express consent from the Users.
Non-payment of the prices will entitle Banana Script LLC to terminate the link with the User and deny access to Banana Script.
18. Taxes and Costs. All published prices are the amount that Banana Script LLC will effectively receive. Any kind of tax withholding or costs of the payment methods used will be borne by the User. Prices will accrue and be paid at the frequency determined in the subscription process. In the event of early termination by either the User or Banana Script LLC, no price will be refunded for any unused fraction of access or service time.
19. Confidential Information. All data and information provided to Banana Script LLC and Viernes.ai will be treated individually as confidential information not liable to be disclosed to third parties, except as provided in these terms and conditions. GIVEN THE ABSENCE OF WARRANTIES RECEIVED BY THE USER AND THE LIMITATION OF LIABILITY, THE USER IS ADVISED NOT TO PROVIDE SENSITIVE AND CONFIDENTIAL INFORMATION TO VIERNES.AI, AND IF THEY DO SO, THEY DO IT AT THEIR OWN RISK.
20. Dispute Resolution – Arbitration. Any doubt, difficulty, or dispute arising between the parties concerning these terms and conditions and their subsequent versions relating to their interpretation, fulfillment, validity, execution, termination, or any other cause related to the rights or obligations arising directly or indirectly from the use of Viernes.ai, will be resolved by arbitration by the Arbitration and Mediation Center of the Stock Exchange of the Eastern Republic of Uruguay, accepting all its regulations. The designated arbitrator(s) are expressly empowered to resolve any matter related to their competence or jurisdiction. The Arbitration will be by law.
21. Claims. Users can make claims to Banana Script LLC within 180 days from the event or situation that results in the alleged breach or harmful act. After this period, the right to initiate any actions against Banana Script LLC will be time-barred. In all cases, Banana Script LLC will take and try to resolve the claims made, applying these terms and conditions, as well as the applicable laws to the specific case. The claim by the User is considered a prerequisite and necessary before initiating a dispute resolution through arbitration.
22. Notifications. The User establishes their email, provided at the time of subscription, as the domicile for all notifications, accepting electronic means and documents as valid communication to the said domicile. Additionally, any computer mechanism by which the User expressly consents or acknowledges having received the notification is established as a valid notification method. Any notification to be made to Banana Script LLC should be sent to info@bananascript.io and legal@bananascript.io. The notification will be considered made 7 days after the evidence of sending to the referenced emails.
23. Sole Agreement – Modifications. These terms and conditions, complemented by the privacy policy and the specific provisions of the subscription process, are the only binding regulation between the User and Banana Script LLC, for Viernes.ai. Banana Script LLC may at any time modify these terms and conditions, as well as the privacy policy. Modifications must be notified to the Users and will take effect in all cases within no less than 7 days. Users may accept or decline the new terms; if declined, they must cease using all services and access to Banana Script.
24. Applicable Law. The law applicable to the licenses of use, services provided, and other circumstances related to these terms and conditions will be the law of the Republic of Colombia.
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