Terms and Conditions

01General

These Terms and Conditions (hereinafter, the “Terms”) govern the use of the software called BrainBox (hereinafter, the “Software”). They also apply to all Software-related services provided in the cloud, our support channels, and the website www.brainbox.com.co.

BrainBox is managed, administered and operated by EXABYTE COMPANY S.A.S, a commercial company identified with Tax ID (NIT) 901529728-3 (hereinafter, the “Operator”), domiciled in Bogotá D.C., Republic of Colombia, engaged in software systems development, IT consulting, data processing, hosting and artificial intelligence, among other activities.

In addition to these Terms, our Privacy and Personal Data Processing Policy, available at www.brainbox.com.co, explains how the personal data of our Users, suppliers, partners, employees, contractors and related third parties will be processed, the rights of data subjects, and how and before whom to exercise them, under Law 1581 of 2012, which regulates the processing of personal data in the Republic of Colombia.

The Operator reserves the right to modify these Terms in accordance with its legal powers. When it does, the changes will be communicated to our users in due time through their registered email addresses and by publication on the website, so they can review them and decide whether to continue or stop using the Software.

Failure to comply with these Terms and Conditions may lead to penalties, legal action by the Operator, termination of the contract and, consequently, cancellation of the Software service.

02Definitions

To help you understand and interpret this document, we use the following definitions:

Software as a service

Under the definition adopted by Colombian law, software as a service is the capability provided to the consumer to use the provider’s applications running on a cloud computing infrastructure.

Capability provided

The capability provided to the consumer to deploy onto the cloud infrastructure applications created or acquired by the consumer, using programming languages, libraries, services and tools supported by the provider.

Software

BrainBox, software through which the Customer can upload documents and information and then, based on their content, interact with the uploaded information using artificial intelligence: asking questions about the uploaded content, requesting summaries of the information, and other interactions.

User

Anyone who accesses BrainBox, whether registered or not, in order to use the services or view the content published on the platform (hereinafter, the “User”).

Operator

The company EXABYTE COMPANY S.A.S, as operator and administrator of the BrainBox software.

Lines

The product lines the Software offers to Users. As of the publication of these Terms, BrainBox has two (2) lines: the Standard Line and the Enterprise Line. Other lines may be developed after the service goes live.

Intelligence Units

Units representing the number of queries that can be made using BrainBox’s artificial intelligence.

Basic Equivalent Messages

Messages that use a fast model, recommended for simple questions and quick answers. Best for basic queries that don’t need in-depth analysis.

Advanced Equivalent Messages

Messages recommended for Users who need answers with advanced logical reasoning. Best for complex questions that need more detailed, in-depth analysis.

Indexed Pages

The number of document pages that can be indexed in BrainBox so information can be searched and extracted from them. Each page counts as one “indexed page”, which is a unit of processing, not of storage: deleting documents frees up storage but not “indexed pages”.

Storage per Month

The amount of storage, in gigabytes, available each month for the documents and data the User needs to use BrainBox.

Files

Individual documents that Users can upload to BrainBox. They can be in various formats and contain the information BrainBox analyses to extract answers and knowledge.

Boxes

Collaborative workspaces within BrainBox where multiple files can be grouped. Boxes help organize related documents and make collaboration between Users easier. Users can add or remove files from boxes, ask questions and view the content of the files in them.

Roles

The User roles available in the Software. As of the publication of these Terms, BrainBox has four (4) roles, all managed through an access control list (ACL): Owner, Admin, Editor and Viewer. Other roles may be developed after the service goes live.

03Preliminary representations

1. The Software may be used by natural and legal persons according to their interests.
2. Anyone who opens a BrainBox account does so voluntarily, spontaneously and with freely given consent.
3. When the Software is used by a natural person, that person is presumed to be of legal age under the laws of the country from which they access or register. For all legal purposes, in the Republic of Colombia, persons over eighteen (18) years of age in full possession of their mental faculties are presumed to have legal capacity, provided they are not subject to a legal or judicial prohibition on entering into contracts.
4. To register on the platform and create the corresponding User, real and verifiable information must be provided, such as name, email address, profile photo and any other information needed to identify the person. When the User uses the Software on behalf of a legal entity, information about the Company they belong to will be requested.
5. If the User uses BrainBox on behalf of a legal entity, they have prior authorization to create a user, sign in and use the Software.
6. Regarding people’s identity, the Operator will presume in good faith that access is being given to the person who is actually registering in the application. However, the Operator may ask Users for their identity document or any other document proving their identity. To the extent permitted by law, the Operator assumes no liability arising from identity theft affecting a User registered on the platform.
7. By using the site, the User accepts the Terms and Conditions described in this document, whose content is also implied in the adhesion contract governing the legal and contractual relationship with our Users.
8. The username and password for the Software are for single, non-transferable use.
9. Users know and accept that the Software requires internet access to work properly.
10. Data hosted in BrainBox is handled confidentially and with appropriate security measures to maintain the integrity and security of the information. The Operator carries out the activities it considers necessary and within its reach to keep Users’ information secure.
11. The Operator may provide other services not mentioned in these terms and conditions with the support of third parties and/or directly on third-party platforms. When Users are redirected to other digital platforms, they must review the legal documents of those sites, since, unless expressly stated otherwise, the Operator assumes no joint liability to Users for services provided by third parties.
12. Users understand and accept that BrainBox may use technologies such as “cookies” (or similar technologies), small text files containing data such as the User’s name and password, used to identify a computer when it uses a network. Cookies allow for a better User experience.
13. Users understand and accept that, depending on the plan purchased, they may or may not see third-party advertising within the platform.
14. Users understand and accept that, by entering into the adhesion contract and paying the price for using the Software, where applicable, the Operator grants Users a limited, non-exclusive, non-transferable and non-sublicensable license to access and use BrainBox. This license does not include any right to resell the Software’s functionality.
15. The User understands and accepts that, if they first purchase a plan with a given storage limit and later wish to switch to a plan with less storage, they will be required to manually delete information until they are within the new plan’s storage limit before the change takes effect. Otherwise, they will not be able to upload more files to the platform until their storage use is within the limit allowed by the new plan.

04Description of the software

BrainBox is software through which the Customer can upload documents and information and then, based on their content, interact with the uploaded information using artificial intelligence: asking questions about the uploaded content, requesting summaries of the information, and other interactions. BrainBox turns documents into knowledge by extracting answers and understanding queries semantically.

4.1. Product lines

The Software currently offers Users two (2) product lines:

Standard Line

In this line, the information Users upload to the Platform, and the questions they ask BrainBox’s artificial intelligence about it, are used to train it and improve the user experience. The plans in this line, with their features and functionality, can be viewed on the website www.brainbox.com.co.

Enterprise Line

In this line, no information is collected to train BrainBox’s artificial intelligence. The plans in this line, with their features and functionality, can be viewed on the website www.brainbox.com.co.

Other product lines may be developed after the service goes live; they will be shown and described on the BrainBox website.

Users can find the prices for each plan on the website www.brainbox.com.co. The prices the Operator offers may change. This is at the discretion of EXABYTE COMPANY S.A.S; however, before any increase or change to the prices offered, Users will be notified in advance through their registered email address.

All payments, financial transactions and e-commerce operations carried out to purchase Software licenses, and the other products and services offered by the Operator, will be processed by a third party. These operations are governed by that third party’s terms and conditions, privacy policies and other guidelines, which also apply to Users, so we recommend reviewing them. The Operator will under no circumstances be liable for the actions, omissions, service failures, interruptions, downtime or other circumstances that may arise in the service provided by the third party through which BrainBox Users make payments, financial transactions and e-commerce operations.

The Operator will send the invoice for the service to the email address registered by the User. The User must pay for the Software in advance, through the interface or through authorized partners, who will provide an activation code for the corresponding licenses for each User.

4.2. User registration

To register, the User must go to the website www.brainbox.com.co, choose the option to sign in with Google and log in. In future updates, the Operator may add other identity providers to the platform, such as Microsoft.

4.3. Platform roles

BrainBox has four (4) roles, all managed through an access control list (ACL): Owner, Admin, Editor and Viewer, with the following permissions:

Owner

Files: can delete files, change the access control list (ACL) and perform every available action. Boxes: can delete boxes, change the access control list (ACL) and perform every available action.

Admin

Files: can manage files, including deleting and renaming them, but cannot change the Owner. Boxes: can manage boxes, including adding or removing files and renaming them, but cannot change the Owner.

Editor

Files: can rename files. Boxes: can add or remove files from the box and rename the box.

Viewer

Files: can only view files. Boxes: can only interact with the files in the boxes, ask questions and view their content, but cannot edit.

Other roles may be developed after the service goes live, and the permissions described above may be modified in accordance with the Operator’s powers over the Software.

4.4. Storage of non-personal information

Storage of Users’ non-personal information in their accounts will depend on the product line purchased, subject to the limits and characteristics of each line set out on the website www.brainbox.com.co.

05Operator’s liability

The following limits of liability apply to the Operator of BrainBox and must be interpreted in light of the legislation in force.

1. The Operator will not be held liable, nor be obliged to compensate Users, if the platform experiences downtime or is inaccessible to Users. People who regularly use applications or computer systems know they are not available all the time, due to scheduled or emergency maintenance, cyberattacks, server errors, system overload from the number of Users, and failures in general internet or power networks.
2. The Operator reserves the right to suspend and cancel services to any User and to disable their access to the Software as set out in clause 8 of this document.
3. The Operator reserves the right to withdraw or suspend its services, modify the Software, make improvements, publish information, remove previously published information, or limit the access of any User registered on the platform.
4. The Operator is not obliged to carry out any migration process, or to build anything so that any User’s information can be analysed in or imported into other Software.
5. Under normal conditions, Users’ information (for those with an active subscription and/or registration) will remain stored in their User account. However, it may be deleted due to system failures. Where this happens due to force majeure, acts of God, or a third-party attack on the information systems, the Operator will not be liable and this will not constitute a breach of its obligations, unless the law provides otherwise.
6. To the extent permitted by law, the Operator will not be liable for any loss or damage caused by a virus, attacks or any technologically harmful material that may infect other computer equipment through use of the Software.
7. The Operator will not be liable for loss of profits and/or any damage resulting from the User’s misuse of the Software.
8. The Operator is not responsible for the precision, accuracy or truthfulness of the results generated by the AI models used in the Software. Users accept that the results may be incorrect, incomplete or unfit for purpose, and that they are no substitute for Users verifying and validating the information themselves.
9. The Operator is not liable for direct or indirect damages that may arise from erroneous or unacceptable results generated by AI models. Users accept that they use the Software at their own risk and should not rely on the precision or accuracy of the results generated.
10. The Operator reserves the right to take corrective action if it detects that AI models are generating erroneous or unacceptable results. This may include correcting the errors, updating the AI models, or preventing access to the Software until the problem is resolved.

06Operator’s duties

The Operator must allow Users to use the BrainBox software as Software as a Service and, accordingly, carry out the activities needed for it to work properly. This is without prejudice to the Operator’s right to withdraw or suspend any of these services, modify the Software, its services and its legal terms, make improvements, publish information, remove previously published information, or limit the access of any User registered on the platform.

07User’s duties

By accessing BrainBox, a person agrees to the following duties:

1. Use it for lawful purposes that, in every case, respect the law and the rights of the Operator and other Users.
2. Review the platform’s legal information provided by the Operator and by any third parties involved in providing the services.
3. Respect and comply with the guidelines and duties set out in this document.
4. Pay the established price for using the Software on time.
5. Refrain from any action that could put the stability of the Software at risk or that is in any way contrary to the Operator’s interests.
6. Only enter truthful information on the platform that the User is authorized to share. If the Operator notices that a user has entered incorrect information, or third-party information without authorization, it may remove the information from the Software and block the User who entered it without meeting the legal requirements.
7. Refrain from sharing passwords or letting third parties use BrainBox.
8. Report any issue with the service or the software to the Operator.
9. Refrain from violating their own rights or those of third parties, especially rights related to personal data, privacy and information about minors.

08Suspension and termination of service

8.1. Suspension

The customer must keep their payments up to date; otherwise the Operator will suspend the service. Users will have five (5) calendar days from the payment due date to reactivate the service. If they do not reactivate it within that period, the Operator will terminate the service.

8.2. Termination and cancellation of service

The Operator may immediately terminate any contract and, consequently, cancel the User’s account in any of the following situations:

1. When the User is not up to date with their payment obligations.
2. When the User misuses the platform.
3. When the User attempts unauthorized access.
4. When the User violates the terms and conditions of use.
5. When the platform is used for illegal activities.
6. When information security policies are breached.

09Intellectual property

BrainBox Users know and accept that entering into the contract for the limited-use license of the Software does not transfer any ownership rights to them. The Operator holds the rights and usage licenses to all information published on the platform, its content, brand, domain, logos, illustrations, information, documentation, software, and any other element accessible on the web that is protected by the regulations in force on industrial property. All rights over them are expressly reserved, and Users are strictly prohibited from creating hyperlinks to any part of the website without the Operator’s authorization, as well as from any other conduct contrary to these provisions.

If anyone believes that information published on the platform infringes third-party industrial property rights, they can report it to brainbox.support@exabyte.company.

10Confidentiality

The Operator states that it will receive and use the information provided by the User solely in connection with the contract entered into, and undertakes not to reveal, communicate, disclose or provide it under any circumstances to third parties outside the contractual relationship between the User and the Operator, or to staff who do not need to know it to fulfil the purposes of the Service, keeping this information under the strictest confidentiality. The Operator guarantees its Users that every collaborator with access to confidential information will sign an agreement to keep it secret and confidential, in accordance with the regulations in force on the matter.

11Personal data protection and privacy notice

EXABYTE COMPANY S.A.S, Tax ID (NIT) 901529728-3, is responsible for processing and protecting its Users’ personal data. It therefore informs Users that their personal data, including data considered sensitive, currently or in the future stored in our databases, will be processed in accordance with the Privacy and Data Processing Policy available on our website www.brainbox.com.co, and in line with the principles of legality, purpose, freedom, accuracy, quality, transparency, restricted access and circulation, security and confidentiality established in Law 1581 of 2012.

In processing the personal data covered by this Policy, EXABYTE will adopt the following security measures:

Encryption

We use end-to-end encryption to protect data both in transit and at rest.

Authentication and authorization

We use multi-factor authentication (MFA) and role-based authorization so that only authorized people can access sensitive data.

Auditing and monitoring

We run audits and continuously monitor access and activity on the platform to detect and respond quickly to any suspicious activity.

Backups

We make periodic backups of all stored data so it can be recovered in case of loss.

Password policies

We require strong passwords and rotate them periodically to minimize the risk of unauthorized access.

EXABYTE anticipates, looks after and takes the measures needed to keep Users’ information secure, and seeks to prevent its loss, alteration, access or consultation by third parties through industry-standard technologies and internal procedures, including encryption mechanisms.

To help keep their information secure, Users must take the following security measures, among others:

1. Have the necessary security controls on their own devices or private networks when browsing to our portals.
2. Refrain from sharing their password with third parties.
3. Use their credentials responsibly.
4. Use strong passwords.
5. Be careful with Wi-Fi connections and browsing.
6. Take any other action needed to protect their information.

For any questions, or if you need more information about how the Operator processes data, you can contact our team through the following channels:

Company

EXABYTE COMPANY S.A.S

Phone

+57 300 695 84 35

Email

brainbox.support@exabyte.company

12Governing law and jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of Colombia. In the event of a dispute between the User and EXABYTE COMPANY S.A.S regarding these Terms, the parties agree to bring it before the ordinary courts.

13Notices

EXABYTE COMPANY S.A.S is located at the following address, and its contact details for service of any judicial or other notice are:

Physical address

Calle 152 B #55-45, Bogotá D.C., Colombia

Phone

+57 300 695 84 35

Email

brainbox.support@exabyte.company

Website

www.brainbox.com.co

14Effective date

This document has been in effect since June 12, 2024.

The Operator will notify its Users of any material change to this document through the contact channels they have previously authorized and by publication on its website.

Any invalid or unenforceable provision of these Terms and Conditions will be replaced by a valid provision, and the remaining provisions will stay in full force as long as they remain within the legal framework.

15Publication

These Terms are binding and must be made available to all stakeholders on the sites defined by the Operator, especially the website www.brainbox.com.co.