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Terms and Conditions

Last Updated: Monday, May 5, 2025

Welcome to the Software as a Service (SaaS) services offered by Kapaxia SAC ("Kapaxia", "We", "Us").

Please read the following Terms and Conditions ("T&C") carefully before using any of our services.

1.1. Acceptance of Terms

By accessing, registering for, or using any of the SaaS services provided by Kapaxia (hereinafter, the "Service" or the "Services"), you ("User", "Client", or "You") accept and agree to be bound by these T&C in their entirety. These T&C constitute a binding legal agreement between You and Kapaxia SAC, with RUC 20611849746 and domiciled in Trujillo, Peru.

If You use the Services on behalf of an organization or entity ("Organization"), You represent and warrant that You have the legal authority to bind such Organization to these T&C, and in such case, "User", "Client", or "You" will refer to such Organization. If You do not have such authority, or if You do not agree with any part of these T&C, You must not access or use the Services.

1.2. Definitions

  • Service(s): Any of the software as a service applications offered by Kapaxia, accessible through our web platforms or designated applications.
  • User/Client: Any natural or legal person who registers, accesses, or uses the Services.
  • Kapaxia/We/Us: Kapaxia SAC, the company providing the Services.
  • Account: The unique account created by the User to access and use the Services.
  • User Content: Any data, information, text, graphic material, or other material uploaded, submitted, generated, or stored by the User through the Service.
  • Subscription: Recurring payment model (monthly, annual, etc.) for accessing the Services.
  • Credits: Virtual units acquired by the User that are consumed when using specific functionalities of the Service.
  • Pay-Per-Use: Payment model where fees are calculated based on the actual use of specific functionalities of the Service.
  • Platform: The website, application, or other interface through which the Services are accessed.
  • Third-Party Services: Services, software, or infrastructure provided by entities other than Kapaxia, but which may be necessary or integrated with the Services (e.g., Railway.com, Cloudflare, Polar.sh).
  • Intellectual Property: Copyright, trademarks, patents, trade secrets, and other proprietary rights related to the Services and the underlying software.

1.3. Service Description and Access

Kapaxia offers a variety of SaaS Services subject to compliance with these T&C and payment of applicable fees. Kapaxia grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for the agreed term, solely for your internal or commercial purposes, as applicable.

The Services are provided "as is" and "as available". Kapaxia reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, upon reasonable notice in case of material changes that significantly affect your use.

You acknowledge that the Services are hosted on cloud infrastructure provided by third parties (currently Railway Corp USA) and that access may be occasionally interrupted due to scheduled maintenance, updates, or events outside of Kapaxia's reasonable control (such as network failures or force majeure). Kapaxia uses third-party security and content delivery services (currently Cloudflare). While we implement reasonable security measures, absolute security on the Internet cannot be guaranteed. The reliance on these providers and shared security responsibilities are detailed further in our Privacy Policy.

1.4. User Accounts and Responsibilities

To access most Services, You will need to register and create an Account, providing accurate, current, and complete information. It is Your responsibility to maintain the confidentiality of Your Account password and all activities that occur under it. You must notify Kapaxia immediately of any unauthorized use of Your Account or any other security breach.

You agree to use the Services in a legal, ethical, and compliant manner with all applicable laws in Peru and in any jurisdiction from which You access or use the Services.

It is strictly prohibited to use the Services for: (a) any illegal or fraudulent purpose; (b) infringing Kapaxia's or third parties' intellectual property rights; (c) transmitting viruses, malware, or other malicious code; (d) interfering with or disrupting the integrity or performance of the Services or the data contained therein; (e) attempting to gain unauthorized access to the Services or related systems.

1.5. User Content

You retain all ownership rights over the User Content that You upload, generate, or store using the Services. However, You grant Kapaxia a worldwide, limited, non-exclusive, and royalty-free license to use, reproduce, modify (solely for formatting or display purposes), process, store, and transmit Your User Content, exclusively to the extent necessary to provide, maintain, and improve the Services for You.

You are solely responsible for the legality, accuracy, completeness, and appropriateness of all User Content. Kapaxia does not monitor or control User Content but reserves the right to remove any content that violates these T&C or applicable law.

1.6. Payment Terms

Access to and use of the Services are subject to the payment of applicable fees according to the selected plan or usage model. Payments are processed through external payment service providers (currently Polar.sh). You agree to provide valid, accurate, and complete payment information and authorize Kapaxia (or its payment processor) to charge applicable fees using Your selected payment method.

Unless otherwise stated, all fees are quoted in USD and do not include applicable taxes. You are responsible for payment of all taxes associated with Your purchase or use of the Services, including, but not limited to, the General Sales Tax (IGV) in Peru, if applicable. Peruvian regulations tax digital services such as SaaS with IGV (currently 18%), even if provided by non-residents to users in Peru ("reverse charge" mechanism or utilization of services) or if provided from Peru abroad (export of services, generally exempt but subject to requirements). Kapaxia will determine the applicability of IGV according to current regulations.

Kapaxia offers the following payment models:

1.6.1. Subscription Model:

Fees are billed in advance on a recurring basis (e.g., monthly or annually) according to the selected billing cycle.

Subscriptions will automatically renew at the end of each billing period for an equivalent term, unless You cancel the subscription before the renewal date through the mechanisms provided on the Platform or by notifying Kapaxia with 8 days' notice.

Kapaxia reserves the right to change subscription fees. Any fee change will be effective at the beginning of the next subscription period following notification of the change, which will be provided with reasonable advance notice.

1.6.2. Credits Model:

You may purchase a package of Credits for a specified fixed price.

Credits will be consumed as You use specific functionalities of the Service, according to the consumption rates detailed on the Platform or in the Service documentation. It is solely Your responsibility to understand how Credits are consumed.

Purchased Credits may have an expiration date, which will be clearly indicated at the time of purchase.

Credits are not refundable or transferable, unless applicable law requires otherwise. No refunds will be granted for unused Credits.

1.6.3. Pay-Per-Use Model:

Fees are calculated based on Your actual use of specific functionalities or resources of the Service during a specific billing period (e.g., monthly). Usage metrics and applicable fees will be detailed on the Platform or in the Service documentation.

Billing will generally occur at the end of each billing period (in arrears).

You may be required to maintain a valid payment method on file in Your Account for the automatic collection of Pay-Per-Use fees.

1.6.4. Late Payments and Suspension:

In case of failure to receive timely payment of fees due, Kapaxia may, upon notice and after a reasonable grace period, suspend Your access to the Services until payment is regularized.

Kapaxia reserves the right to charge late interest on overdue amounts at the maximum rate permitted by Peruvian law or apply late payment charges.

Suspension of service does not relieve You of Your obligation to pay fees due.

1.7. Intellectual Property

All rights, title, and interest in and to the Services, the Platform, the underlying software (including source and object code), visual design, Kapaxia content, documentation, and associated trademarks, are and will remain the exclusive property of Kapaxia SAC and/or its licensors. These T&C do not grant You any rights in Kapaxia's Intellectual Property, except for the limited license to use described in section 1.3.

You agree not to copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, decompile, reverse engineer, or otherwise attempt to discover the source code or underlying ideas of the Services or the Software, except to the extent expressly permitted by applicable law.

If You provide Kapaxia with any feedback, suggestions, or ideas related to the Services ("Feedback"), You grant Kapaxia a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to use, incorporate, and exploit such Feedback for any purpose, without any obligation or compensation to You.

1.8. Third-Party Services

The Service may integrate with, or require for its operation, services, software, or infrastructure provided by third parties, including, but not limited to, Railway Corp (hosting), Cloudflare (security, CDN, storage), and Polar.sh (payment processing).

Kapaxia does not control or is responsible for the actions, omissions, content, privacy policies, terms of use, or availability of such Third-Party Services. Your use of any Third-Party Service is governed by the terms and conditions and privacy policies of such third party, and You are responsible for reviewing and complying therewith. The processing of Your personal data by these providers, especially those located in the United States, is carried out under specific agreements and data protection measures, as detailed in our Privacy Policy, to ensure compliance with Peruvian regulations on international data transfers.

1.9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KAPAXIA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

KAPAXIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.

1.10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE PERUVIAN LAW, IN NO EVENT SHALL KAPAXIA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE T&C OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO KAPAXIA FOR THE USE OF THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE IMMEDIATELY PRECEDING MONTHS.

IN NO EVENT SHALL KAPAXIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF KAPAXIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

This limitation of liability shall not apply in cases of dolo (malicious intent) or culpa inexcusable (gross negligence) on the part of Kapaxia, nor in other cases where Peruvian law prohibits such limitation, such as certain liabilities under the Consumer Protection and Defense Code managed by INDECOPI.

1.11. Indemnification

You agree to defend, indemnify, and hold harmless Kapaxia, its affiliates, directors, employees, and agents, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your use of the Services; (b) Your breach of these T&C; (c) Your User Content; or (d) Your violation of any applicable law or the rights of any third party.

1.12. Termination

You may stop using the Services and cancel Your Account at any time through the functionality provided on the Platform, subject to outstanding payment obligations (e.g., prepaid subscription fees will not be refunded).

Kapaxia may suspend or terminate Your access to all or part of the Services, with or without cause, with or without prior notice, effective immediately, if: (a) You materially breach these T&C; (b) You fail to make payments due; (c) Your use of the Service violates law or infringes third-party rights; (d) Kapaxia is required to do so by law or a competent authority; or (e) Kapaxia decides to discontinue the Service (in which case reasonable notice and potential pro-rata refund will be provided).

Upon termination, Your right to use the Services will cease immediately. Kapaxia may delete Your User Content after a reasonable period following termination, in accordance with our Privacy Policy and applicable law. Clauses which by their nature should survive termination (including, but not limited to, intellectual property, limitations of liability, indemnification, and governing law) shall survive.

1.13. Modifications to the Terms

Kapaxia reserves the right, at its sole discretion, to modify or replace these T&C at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect, via a notification on the Platform or by email to the address associated with Your Account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Services.

1.14. Governing Law and Jurisdiction

These T&C shall be governed by and construed in accordance with the laws of the Republic of Peru, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these T&C, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the competent courts of the city of Trujillo, Department of La Libertad, Peru.

1.15. Miscellaneous

Entire Agreement: These T&C, together with the Privacy Policy and Cookie Policy (incorporated herein by reference), constitute the entire and exclusive agreement between Kapaxia and You with respect to the Services, and they supersede and replace any prior or contemporaneous agreements, terms, or conditions.

Severability: If any provision of these T&C is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these T&C will remain in full force and effect.

Waiver: Kapaxia's failure to enforce any right or provision of these T&C will not be considered a waiver of those rights.

Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under these T&C (except for payment obligations) if such failure or delay is caused by events beyond its reasonable control, including, but not limited to, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials (a "Force Majeure Event").

Contact: If You have any questions about these T&C, please contact us at:

Kapaxia SAC
Trujillo, Peru
Email: team@kapaxia.com

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