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Terms and Conditions

Terms and Conditions – Professionals/Users

Escrito por Camila Guzmán
Actualizado hoy

This document sets out the general terms and conditions of use (the "Terms and Conditions" or "Terms") applicable to the access to and use by the "Professional" or "User" of the Software as a Service ("SaaS"), the Platform, and any of the services offered by Encuadrado SpA, a stock company, Chilean Tax ID No. 76.927.155-4 ("Encuadrado", the "Company", "we", and "our"). This document contains legal information that we recommend you read in full and together with the Privacy Policy.

Your registration, access to, and use of the Platform is conditional upon acceptance of and compliance with these Terms. By accessing, using, or registering on the Platform, the User approves these Terms and Conditions in their entirety, understands that they are legally binding and mandatory, and accepts the conditions of use of the Platform, Content, and Services. Otherwise, the User must refrain from accessing the Platform, whether directly or indirectly, and from using any information or service provided in connection with it.

ACCEPTANCE OF THESE TERMS AND CONDITIONS IS MANDATORY AND BINDING IN ORDER TO USE THE SERVICES. IF YOU OR ANOTHER PARTY DO NOT ACCEPT THEM, YOU WILL NOT BE ABLE TO USE OR ACCESS THE ENCUADRADO PLATFORM.


FIRST. DEFINITIONS.

Terms whose first letter is capitalized (except when capitalization occurs at the beginning of a sentence, to identify proper nouns, or when capitalization is required by grammatical rules) shall have the meaning assigned below, or the meaning expressly assigned to them in these Terms and Conditions and/or in the Privacy Policy.

  • Client or Patient: natural and/or legal persons who require professional and/or technical services accessed through the Platform, without the need to register.

  • Content: any type of information, whether graphic or written, images, audio and video, including but not limited to location, announcements, comments, news, data, graphics, images or drawings, texts, design, schematics, maps and others, presented by Encuadrado on the Platform (and/or any underlying software and computer code), as well as computer algorithms, programs, whether such Content is generated, provided, or in any other way produced or supplied by Encuadrado, Users of the Platform, Clients, or third parties.

  • Data Processor: A natural or legal person who processes personal data on behalf of the Controller, in accordance with its instructions, as a result of the existence of a legal relationship that binds it to the Controller. The Processor does not decide on the essential purposes or means of the processing.

  • Devices: mobile phones, smartphones, tablets, computers, and any other electronic device through which the Platform can be accessed.

  • Receiving Party: The natural or legal person who accesses confidential information provided by the other party in the context of the performance of this agreement. The Receiving Party undertakes to use such information solely for the purposes of the agreement and to keep it under strict confidentiality, in accordance with these Terms and Conditions.

  • Disclosing Party: The natural or legal person who provides Confidential Information to the other party in the context and for the purposes established in these Terms and Conditions. This disclosure may be made orally, in writing, electronically, or by any other means, provided that the confidential nature of the information is known or reasonably identifiable by the Receiving Party.

  • Profile: the personal account created by each User that evidences registration on the Platform, based on the personal information required by Encuadrado, which includes their first and last name or corporate name, as applicable; profession; Chilean Tax ID or national ID, as applicable; banking details (bank name, account type, account number); date of birth; address; phone number; email; description of the business or professional activity or specialty they wish to develop through the Platform; time zone for synchronizing their schedule; and access to their Google Calendar for calendar synchronization.

  • Plan or Subscription: the recurring, successive-term service contracted by the User.

  • Platform: Encuadrado's website, mobile application, offered services, information, and related communications, through which the User can manage scheduling, calendaring, collection, payment, issuance of invoices, and other aspects of their professional services, and where the Client can find, schedule, and pay for the professional services they require.

  • Privacy Policy: Encuadrado's privacy policies, duly published on the Platform.

  • Data Controller: The natural or legal person, whether private or public, who individually or jointly with others decides on the purposes and means of processing personal data, including its collection, storage, use, communication, modification, and deletion.

  • Regulated Verticals: categories of services or products subject to additional restrictions under applicable law or under the policies of third-party messaging platforms used by Encuadrado, including but not limited to healthcare and financial services.

  • Services: all services offered through the Platform, as well as other services provided by Encuadrado, which Users may access through the Platform and their Devices.

  • Terms and Conditions: the general terms and conditions of use applicable to access and use by any natural or legal person, or representative in any form, of the Platform and of any Services offered by Encuadrado, as referenced in this document.

  • User or Professional: any natural or legal person, acting on their own behalf or duly represented, who creates a Profile on the Platform to manage their professional services or who is registered as a professional on the Platform, and who uses the Services.

  • Visitors: those who access the Platform without registering as a User and without scheduling an appointment with any of the professionals, their activity being limited to browsing the Platform.


SECOND. OPERATION OF THE ENCUADRADO PLATFORM.

2.1 Description of the Service.

Encuadrado SpA, a stock company, Chilean Tax ID No. 76.927.155-4 ("Encuadrado"), provides a web-based digital intermediation platform (the "Platform") designed to facilitate the operational and administrative management of independent professionals from various disciplines, as well as small medical centers, clinics, and other providers of professional services (the "User" or the "Professional").

The Platform allows Users, among other functionalities, to manage appointment scheduling, manage schedules and availability, collect and receive payments for services rendered by the Professional, and issue electronic fee invoices in accordance with applicable tax regulations.

Encuadrado's purpose is to optimize the Professional's management, reducing last-minute cancellations, facilitating automatic collection for services, and simplifying administrative tasks such as financial reconciliation and the issuance of tax documents, centralizing these functions in a single system.

For their part, natural or legal persons who require the User's professional services (the "Client") simply access the Platform and can schedule and pay for such services without needing to register.

2.2 Eligibility and Age Requirements.

To register as a User on the Platform, the person must be at least eighteen (18) years of age, or the age of majority in their country of residence, and must have full legal capacity to enter into binding contracts. The User represents and warrants that all registration information is true, current, and complete, and that they have not been previously suspended or removed from the Platform.

Clients who schedule services through the Platform must be at least thirteen (13) years of age, or the minimum age required by their country of residence. Where a Client is a minor under applicable law, scheduling and payment must be carried out by a parent or legal guardian, who accepts these Terms on behalf of the minor.

For services classified as Regulated Verticals — in particular healthcare services — automated messaging and commercial communications delivered through third-party messaging platforms (such as WhatsApp) may only be directed to Clients who are eighteen (18) years of age or older, in accordance with the policies of such platforms.

2.3 Registration.

This instrument is intended to regulate the operation of the Platform and Encuadrado's Services, once the User has completed their registration on the Platform and accepted this agreement. The User acknowledges that Encuadrado's relationship with them is limited to providing the support expressly established in this document.

To register on the Platform, the User must create their account or Profile, providing their personal information (name, profession and/or specialty if applicable, phone number). Once the above is entered, they will be redirected to a welcome video explaining the advantages of managing their services through Encuadrado and the steps to complete the configuration of their account. The Professional must then upload a cover photo and provide the personal information necessary to complete the configuration of their Profile (first and last name, national ID, address including city, district, and country, email, phone number, banking details including bank name, account type, account holder, and account number). For the operation of the Platform's features, the User must indicate the time zone they are in in order to synchronize their schedule with the scheduling of services through the Platform, grant access to the User's Google Calendar, provide a recent photograph, and a brief description that (i) explains the areas on which they have focused their professional practice; (ii) mentions their years of experience; and (iii) describes and characterizes their services.

In no case is Encuadrado responsible for acquiring Clients. As an intermediation platform, it is the exclusive responsibility of each User to maintain a complete, up-to-date, and attractive professional Profile for potential Clients. For these purposes, the User must include in their Profile a brief description of their professional activity, the niche or specialty they focus on, the services they offer, service hours, applicable rates, and the location where they provide such services. Likewise, the User must, on their own, seek to maintain good evaluations from Clients, as these may affect their visibility and positioning within the Platform.

2.4 Platform Features.

Once the Profile has been created, the User can access all of the Platform's features:

  1. Connect their profile from the Chilean Internal Revenue Service ("SII") to the Platform to automatically issue invoices in their name. For this, the User must authorize Encuadrado through the SII portal, and may select how they currently operate: (a) as a natural person, through fee invoices; or (b) as a company, issuing exempt invoices;

  2. Manually enter their current Clients/Patients and let Encuadrado take care of sending them reminders, collecting payments, and issuing the corresponding invoice. For this, the User will manually enter the date and time of the appointment, indicate whether it is a new patient, and if so, manually enter their full name, national ID, email, phone, address, and district;

  3. Send a scheduling link to their Clients so they can see available times and schedule the one that works best. For this, they can synchronize Encuadrado's calendar with their Google Calendar. The scheduling link can be sent via WhatsApp, Instagram, email, Facebook, LinkedIn, and can even be integrated into their own website;

  4. Create, delete, or edit payment buttons to sell a talk, workshop, course, class, among other options;

  5. Review, through the Collections Panel, the monthly summary of sales, debts or receivables, clients seen and pending, and the total amount of invoices issued;

  6. Create, edit, or delete, in the schedule and services settings, the services listed on their public profile; create new hidden services that can only be scheduled with a special link; and edit their available hours;

  7. Select which Encuadrado Plan the Subscription will adhere to; and

  8. Access, through the Help Center, tutorials and informational material about using the Platform, including the configuration of fee invoices, how the scheduling process works, and answers to frequently asked questions from other Users.

2.5 Scheduling and Booking Flow.

The services offered by the Professional are classified on the Platform according to specialty (e.g., dentist, dermatologist, gynecologist, as applicable). Encuadrado retains the sole discretion to expand, reduce, or eliminate the categories of services offered through the Platform, at its commercial discretion.

The Visitor, through the "Find a Professional" section, will indicate the specialty or category of professional services they are looking for. Upon accessing the category of interest, the Visitor can view the Profile of the Professionals providing professional services in the selected specialty, which will indicate: (i) the nature of the services offered by each User; (ii) the price of the services — which may be differentiated for each Patient, with the User being able to create hidden links with special prices for these purposes — and the length of the sessions in which they will be provided; (iii) the modality in which the services will be provided, i.e., at home, in-office, or online; (iv) the User's cancellation policy; (v) the way in which any medical leave that may be issued in connection with the appointment will be delivered, if applicable; (vi) the medical certificates that will be required from the Patient and the procedure for collecting this information; (vii) the way prescriptions will be issued; and (viii) the date and time according to the availability published by the User, as well as evaluations and comments from other Clients, among others. The Visitor can filter the provision of services by geographic radius.

The Visitor can browse the Platform and schedule the Professional's services without needing to create a Profile. To schedule a session, the Visitor must select which User they wish to receive services from, the modality the Professional defines (in-office, at home, or online), the date and time according to the availability published by the User, and enter the personal information required for scheduling their session (full name, national ID, email, phone number, address). Additionally, the Client has the option to add text and include comments when scheduling the session.

Once the above has been verified, the Client must complete payment for the services, selecting: (i) whether payment will be made in Chilean pesos or US dollars; and (ii) the payment method, i.e., bank transfer to Encuadrado's checking account or credit card. If payment is not completed, the scheduled session will be cancelled. Once scheduling and payment for the services have been verified, the User and the Client will receive a confirmation email indicating the total amount paid, in Chilean pesos or US dollars as applicable, along with the details of the service and the date and time when the scheduled session will take place.

The User can view scheduled session information by week and month through the Platform. The Platform will send Clients a reminder for the session, subject to the consent framework set forth in clause Sixth (Communications and Consent for Messaging). The same reminder may be sent to Users, according to the schedule set by the User on the Platform. The minimum and maximum duration of the session will be defined by the User. In the event of technical failures that prevent fluid communication between the Parties, the User and the Client may agree to extend the session.

Once the session ends, the Client may rate the service and leave comments in accordance with clause Fourteenth (User-Generated Content). Encuadrado will not be responsible for the quality of the session or for the good or bad behavior of Users during it.


THIRD. PLANS, DURATION, SUBSCRIPTIONS, BILLING, AND PAYMENT

For the use of the Platform and the provision of the Services, the User must pay Encuadrado the rates indicated below:

  1. An initial fee of CLP $10,000 (ten thousand Chilean pesos), corresponding to the first month of subscription, calculated from the date the User's Profile is created on the Platform until the same day of the following calendar month (the "Trial Month").

  2. Once the Trial Month is over, the User must choose one of the following subscription plans:

  • Monthly Subscription: 1 (one) Unidad de Fomento (UF), plus applicable VAT, payable monthly within the first five (5) business days of the relevant monthly period, throughout the term of the Services.

  • Annual Subscription: 10 (ten) Unidades de Fomento (UF), plus applicable VAT, payable annually within the first five (5) business days of the relevant annual period, throughout the term of the Services.

The User may pay for the subscription using a prepaid, debit, or credit card issued in Chile, through the WebPay payment gateway. In these cases, Transbank S.A., or another authorized card operator that is enabled, will manage the collection and processing of the card data and other banking information of the User, in accordance with their own privacy and security policies.

Billing will be carried out in advance periods, according to the subscription plan selected by the User. Each time an automatic charge associated with the subscription is made, the User will receive a notification email informing them of the relevant charge details.

Encuadrado reserves the right to modify these rates, with one month's prior notice to the User.

If the User fails to make the subscription payment before the current period, Encuadrado will send an email or WhatsApp message to the User informing them of the payment default. Encuadrado reserves the right to suspend the User's services and Platform subscription, notifying them via email or WhatsApp. Encuadrado reserves the right to cancel the User's Platform subscription and terminate these Terms and Conditions, without prejudice to any legal actions that may be appropriate.


FOURTH. COLLECTION AND PAYMENT OF SERVICES TO THE USER AND SPECIAL MANDATE

4.1 Use of the Platform for Payment Processing.

The User may use the Encuadrado Platform as a payment processing service provider in order to manage the collection of fees corresponding to the professional services they provide to their Clients or Patients.

For these purposes, the User must configure in their Profile the payment method that will be required from the Client, choosing between:

  • Post-scheduling collection: in which case Encuadrado will send the Client a payment reminder or payment link via email; or

  • Immediate collection at the time of scheduling: in which case the Client must make payment before confirmation of the scheduled time.

In both scenarios, the Client must select:

i. the currency in which payment will be made (Chilean pesos or US dollars); and

ii. the payment method, with the following options available:

  • a) Bank transfer: The Client may make a transfer to Encuadrado's bank account, whose details will be displayed on the Platform.

  • b) National debit or credit card: The Client may pay through Transbank S.A.'s WebPay system, using a debit card (fee: 1.49% + VAT) or credit card (fee: 2.95% + VAT). These payments will be received directly into Encuadrado's Transbank account.

  • c) International credit card: The Client may pay through Stripe using an international credit card (fee: 7%). These payments will be received in Encuadrado's Stripe account and subsequently deposited in the United States into the bank account of its related company, Encuadrado Inc.

Payments made by bank transfer or national cards will be validated by Encuadrado and transferred to the bank account reported by the User when creating their Profile, every Wednesday of the following week. Payments made via international credit card will be validated by Encuadrado and transferred to the User's account on the 9th day of the following month, calculating the dollar value according to the exchange rate in effect at the time of the transfer.

If payment is not completed, the scheduled session may be automatically cancelled.

Once scheduling and the corresponding payment have been verified, both the User and the Client will receive a confirmation email, including the total amount paid (in Chilean pesos or US dollars, as applicable), as well as the details of the scheduled service, including date and time.

4.2. Special Mandate.

For the purposes of this Fourth clause, the User grants Encuadrado SpA a special collection mandate, which will be irrevocable and will remain in force as long as the User maintains an active Profile on the Platform. By virtue of this mandate, the User expressly and specifically authorizes Encuadrado, in their name and on their behalf, to charge, collect, receive, and gather from the User's Clients or Patients any amounts they owe to the User for professional services rendered, whether through electronic payments or other enabled means.

Once payment is received from the Client, Encuadrado will be considered validly empowered to extinguish the corresponding payment obligation that the Client has with the User, acting as the User's agent for these purposes.

Likewise, the User authorizes Encuadrado, once the corresponding amounts have been received, to transfer them to the bank account registered by the User on the Platform, and to deduct from such amounts any commission, fee, or charge applicable under these Terms and Conditions.

This mandate is granted exclusively to facilitate the operation and functioning of the Platform, and is limited to the management of collections related to the services provided by the User to their Clients through the Platform.

This mandate also extends to the case of health services subsidized through the National Health Fund ("FONASA"). For these purposes, it is expressly stated that the User, in their capacity as an individual health provider, transfers and assigns to Encuadrado the authority to receive, in their name and on their behalf, the amounts corresponding to the co-payment that must be paid by the Patient when using a health care voucher (BAS).

By virtue of this assignment, Encuadrado may directly receive payments associated with the co-payment of subsidized services through FONASA electronic vouchers, whether through the Platform or through the means enabled for this purpose, and subsequently transfer them to the User, to the bank account they have reported.

4.3. Payment Operation.

For the purposes indicated in letter b) of section ii of clause 4.1 above, Encuadrado declares that it maintains in force a credit and debit card operation agreement with Transbank S.A., by virtue of which it acts as the principal merchant for the purposes of affiliating Users as secondary merchants.

Consequently, and in accordance with said agreement, it is noted that:

  • Transbank S.A. is the card operator authorized by Encuadrado for domestic payments.

  • The settlement funds delivered by Transbank S.A. to Encuadrado will always be in Chilean pesos, and their use is limited to the payment of amounts owed to the affiliated secondary merchants.

  • Card transactions must be paid by Encuadrado to the secondary merchant in accordance with current regulations, since the party responsible for the payment of such transactions is Transbank S.A.

  • Transactions must be paid by Encuadrado to the User within a maximum period of 15 (fifteen) calendar days from the date of each transaction, or as requested by the User in each case.

  • The User must notify Transbank S.A. of any lack of payment by Encuadrado, no later than the business day following the day on which payment should have been made, via the email address available on that institution's website.

  • If Transbank S.A. receives a notification of non-payment or partial payment, it may withhold future payments and suspend or terminate the acceptance of cards, unless there are well-founded reasons justifying the non-compliance.

  • If the User does not make this notification within the indicated period, they must direct their payment request directly to Encuadrado, in accordance with these Terms.

  • Once Transbank S.A. has approved the payment operation through Encuadrado, the Client's payment obligation will be considered extinguished, so the User may not initiate collection actions against the cardholder.

  • In situations of illegal or suspicious activity, Transbank S.A. may suspend the acceptance of cards, notifying Encuadrado of this circumstance.

  • Transbank S.A. may request information from the User regarding their relationship with Encuadrado, the nature of their activity, or the payments derived from the transactions.

  • Cards may not be used for operations outside the commercial activity declared by the User.

  • Any conflict between the User and the Client related to the goods or services provided must be resolved directly between the parties, without the participation of Transbank S.A.

  • Both Encuadrado and the User accept that Transbank S.A. may conduct audits or reviews in order to verify compliance with its contractual obligations.


FIFTH. CANCELLATIONS.

The User may cancel their subscription to the Platform at any time.

In the case of cancellation for justified cause, such as serious supervening illness, pregnancy, or force majeure, Users who have contracted the annual subscription plan will be refunded the amount equivalent to the fee paid for the pending months of Platform use as of the date of cancellation.

The cancellation or withdrawal policy for services provided by the User, scheduled and paid through the Platform, will be regulated, determined, and informed by the User in their respective Profile.


SIXTH. COMMUNICATIONS AND CONSENT FOR MESSAGING.

6.1 Consent at Booking.

By scheduling a session through the Platform, the Client may grant express consent to receive operational communications through WhatsApp, email, and SMS related to the scheduled session. Consent is collected at the time of booking through a clearly identifiable, non-pre-checked opt-in mechanism that identifies the sender (Encuadrado together with the corresponding Professional) and describes the categories of messages the Client will receive.

Consent is voluntary and may be revoked by the Client at any time, including by replying STOP (or an equivalent instruction) through the relevant channel, by contacting the Professional, or by contacting Encuadrado at the addresses indicated in clause Twenty-Sixth (Contact).

6.2 Categories of Communications.

Communications sent through the Platform may include:

  1. appointment confirmations and reminders;

  2. payment notifications, collection messages, and payment links;

  3. session-related messages generated by the Professional or by the AI-assisted virtual assistant operated by Encuadrado on behalf of the Professional;

  4. administrative notices regarding the Platform, including changes to these Terms, the Privacy Policy, or service availability;

  5. customer support responses; and

  6. product updates and service news.

Marketing or promotional communications outside the scope of a scheduled service will only be sent on the basis of separate, express consent obtained for that specific purpose.

6.3 Opt-Out.

The Client may opt out of receiving communications at any time. Opt-out requests are honored promptly on the channel on which they are received and will also be propagated across channels when technically feasible. Opt-out from discretionary communications (such as reminders or marketing) does not affect essential transactional notifications strictly necessary to complete a scheduled service or comply with legal obligations (for example, invoicing).

6.4 User Responsibility for Compliance.

The User acknowledges that automated communications sent to their Clients through the Platform are sent in the User's name and under the User's responsibility, with Encuadrado acting as the technical operator of such communications.

The User agrees to comply with:

a) the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, WhatsApp Business Terms of Service, and other applicable policies of Meta Platforms, Inc. and WhatsApp LLC;

b) Google's terms of service and applicable policies where Google Calendar or other Google services are used;

c) Chilean legislation applicable to personal data protection and the sending of commercial communications, including Law No. 21.719; and

d) any additional laws, regulations, or industry codes applicable to the User's profession or jurisdiction.

6.5 Prohibited Messaging Practices.

The User agrees not to use the Platform to:

  1. send unsolicited commercial messages to individuals who have not opted in;

  2. import, upload, or otherwise process contact lists without documented consent from the individuals contained in them;

  3. engage in spam, bulk messaging, or mass outreach to recipients who have not expressly opted in to receive messages;

  4. send communications that misrepresent the User's identity, credentials, or affiliation, or that impersonate any other person or entity;

  5. send communications that are misleading, deceptive, fraudulent, or designed to surprise the recipient; or

  6. evade platform-level or legal opt-out requests, including by contacting a Client through alternative channels after an opt-out has been registered.

6.6 Third-Party Platform Terms and Non-Affiliation.

Communications sent through WhatsApp are additionally subject to the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and other applicable policies of Meta Platforms, Inc. Communications or integrations involving Google services are additionally subject to Google's terms of service.

Encuadrado is not affiliated with, endorsed, sponsored, or specifically approved by Meta Platforms, Inc., WhatsApp LLC, or Google LLC. References to these services on the Platform or in these Terms are for identification purposes only and do not imply any commercial or institutional relationship beyond the use of publicly available APIs and services.

6.7 Regulated Verticals — Healthcare.

The User acknowledges that services in Regulated Verticals — in particular healthcare — are subject to additional restrictions under the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and applicable local laws. It is the User's sole responsibility to ensure that any messaging, content, or commercial activity conducted through the Platform in connection with healthcare services complies with such restrictions, including but not limited to:

  1. rules prohibiting the promotion or sale of pharmaceuticals, prescription medications, and medical devices through messaging channels;

  2. confidentiality rules applicable to clinical information, diagnoses, and health records under Law No. 20.584, Law No. 21.719, and other applicable regulations;

  3. requirements that messaging involving Regulated Verticals not be directed at individuals under eighteen (18) years of age; and

  4. any licensing, registration, or professional conduct requirements applicable to the specific profession.

The User represents and warrants that they hold all licenses, registrations, and authorizations required to practice in their profession and jurisdiction, and that they will not use the Platform to carry out activities for which they are not duly authorized.


SEVENTH. USER OBLIGATIONS.

  1. Offer and provide their services in a highly professional manner, and provide truthful, up-to-date, and complete information about their identity, qualifications, and experience. The User expressly accepts that in the event of complaints about inappropriate or serious conduct — the assessment of which will be at Encuadrado's sole discretion — Encuadrado reserves the right to deactivate or delete the Professional's Profile from the Platform, which will be duly notified via email. This measure may be adopted without any right to reimbursement when the User's acts are contrary to law, morality, good customs, or the rights of third parties.

  2. Offer their services ethically, safely, punctually, and in accordance with applicable legislation and with authorizations from the competent authority as appropriate, and not have a criminal record. In the case of delays of more than 15 minutes or serious conduct, the provisions of clause Fifth shall apply.

  3. Maintain strict confidentiality regarding what is discussed in sessions with the Client under the professional secrecy that applies to them, unless the law or a competent authority prescribes otherwise.

  4. Offer and provide services for which they have the necessary skills and experience, and provide truthful and timely information about their identity, location, and qualifications. Nevertheless, Encuadrado is not responsible for the provision of information that is false.

  5. Fulfill their commitments to Clients and respond without delay.

  6. Not subcontract work with assistants, collaborators, subcontractors, or other employees (the "Assistants") unless such third parties are also registered on the Platform. Clients are responsible for confirming with the User that the Assistants are registered on the Platform. The Professional with respect to whom the services were contracted assumes all responsibility for the acts and omissions of such Assistants, and is responsible for payment of their compensation, benefits, and expenses.

  7. Obtain the necessary licenses or permits to perform the work or, failing that, notify the Client of such requirements and the potential associated costs.

  8. Use the email provided by Encuadrado as the official communication channel, both with Clients and with the Encuadrado team.

  9. Keep their username and Platform access credentials secure, assuming responsibility to third parties for any damages that may arise from their improper use.

  10. Have hardware and software compatible with accessing and using the Platform and have access to an Internet connection, preferably high-speed.

  11. Not use their account or provide their services to participate in, discuss, or incite any illegal conduct or activity.

  12. Be legally authorized to provide professional services in the place where the services are provided.

  13. Not use automated means or any other unauthorized means to modify or redirect the Platform, nor reverse engineer or attempt to obtain its source code.

  14. Comply with the messaging and communications obligations set forth in clause Sixth, including respect for Client opt-in and opt-out requests and compliance with the policies of third-party messaging platforms.


EIGHTH. EXCLUSIONS.

It is expressly prohibited to offer, through the Platform, services that are considered illegal, immoral, or dangerous. The foregoing shall apply especially, but not limited to:

  1. Offering the exchange of favors

  2. Selling drugs, prescription medications, or any type of illicit substance

  3. Prostitution, human trafficking, and trafficking of minors

  4. Selling or trading stolen goods in any way

  5. Money laundering

  6. Pornographic information

  7. Renting body parts

  8. Selling explosives, fireworks, or weapons


NINTH. RELATIONSHIP BETWEEN THE USER AND ENCUADRADO. LIMITATION OF WARRANTIES.

9.1. Relationship Between the Parties.

Encuadrado makes available to the User an intermediation Platform that allows centralizing information on the services provided by the User, facilitating their scheduling, controlling schedules and agendas, processing the collection and payment of such services, and issuing the corresponding electronic invoices, all in one place.

The User declares that they are fully aware that they will provide their services independently and with full functional autonomy, according to their own organization, without supervision, subordination, or a dependent relationship with Encuadrado. Consequently, the User will be solely responsible for paying their social security contributions, taxes, and any other legal, labor, welfare, social security, or security obligations arising from the provision of their services.

Likewise, the User agrees not to offer their services digitally through other platforms that provide identical, similar, or related services to those of Encuadrado. Failure to comply with this obligation will be considered serious and sufficient grounds to terminate their relationship with the Platform.

Encuadrado acts towards the Client exclusively as an intermediation and management platform, without intervening in the professional relationship between the User and the Client, which is understood to be entered into directly and exclusively between them.

9.2. Limitation of Warranties.

Encuadrado does not provide professional services and does not guarantee the quality, suitability, legality, truthfulness, or results of the services offered or provided by Users through the Platform. Its role is limited to facilitating contact, scheduling, payment processing, and communication management between the User and their Clients.

Consequently, Encuadrado assumes no responsibility for compliance, performance, technical quality, errors, or omissions arising from the services contracted between the User and the Client.

The Platform is offered "as is" and "as available," without warranty that its use will be uninterrupted or error-free. Encuadrado makes no warranties, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.


TENTH. USER ACCOUNTS.

Only one account per person may be created, and the person who creates a Profile is the only one authorized to access the Platform through that Profile. The User is responsible for maintaining the confidentiality of any password or account number provided to access the Platform. The User will not sell, transfer, or sublicense their Profile account to another entity or person not authorized by the Company. The User is solely and absolutely responsible for any activity that occurs on their account and for maintaining the confidentiality of their password. It is their responsibility to immediately report to Encuadrado upon becoming aware of any security breach or unauthorized use of their account. The same shall apply if the User merely suspects that a third party could be accessing the Platform under their User account or using their password.

Encuadrado has no control over the use of a User's account and, therefore, will not be responsible for any damages suffered through the use of their account by third parties. The User will be responsible for any damages suffered by Encuadrado due to the use of their account by third parties.


ELEVENTH. INTELLECTUAL PROPERTY.

Unless otherwise stated, the source code as well as the object code of the Encuadrado Platform, the Platform's contents, as well as the trademark(s), software, databases, networks, and files that allow access to and use of the Platform, as well as any content appearing on the website or app, including the blog, and the rights to such contents, are owned by or licensed to Encuadrado and are protected by copyright, trademark, patent, and industrial design laws and international treaties. During the term of these Terms and Conditions and subject to compliance with them, especially with respect to payment, Encuadrado grants the User a limited, non-exclusive, non-sublicensable, revocable, non-assignable, non-transferable license to: (i) access and use the Platform only in connection with the provision of their services; (ii) access and use the content, information, and related material that may be made available in connection with the provision of their services through the Platform, only for personal, non-commercial use; and (iii) use Encuadrado's trademark(s) and company name to promote the use of the Platform, all in accordance with the terms and conditions of this Agreement.

Therefore, it is prohibited, except with Encuadrado's express, written, and prior authorization, to license, lease, translate, modify, distribute, copy, reproduce, transmit, publicly display, publish, broadcast, adapt, edit, or create derivative works from any of the materials or content accessible through the Encuadrado Platform, reverse engineer, decompile, create derivative works, or in any way attempt to access, modify, or improve the source code of the software used on the Platform. Nor may they access or use Encuadrado's services or software to provide services to third parties or to create a similar product that would violate Encuadrado's intellectual or industrial property.

Copyrights and other ownership rights over the Content, regardless of its download by the User, are owned by Encuadrado, which expressly reserves the exercise of all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual and industrial property rights. If, in connection with the services provided by the User through the Platform, it is necessary to access intellectual or industrial property belonging to third parties, it will be the User's responsibility to have the corresponding authorizations.


TWELFTH. SERVICE LEVEL AGREEMENT (SLA)

To use the Platform's features, the User and/or Clients must have a mobile device with Android 5.0, iOS 15.0, or higher. Likewise, the User is responsible for having hardware and software compatible with accessing and using the Platform and for having access to a good Internet connection with high speed that allows for fluid communication and adequate data synchronization in the provision of services through the Platform.

Encuadrado guarantees at least 99.9% availability of our systems, committing efforts for maintenance and agile action in the event of any incident. The User acknowledges that it is not technically possible to achieve 100% availability and operability of our systems. You can monitor our status in real time on our Status Page.

The User acknowledges that Encuadrado does not control data transfer through communication systems and that the service and/or availability of the Platform may be subject to limitations, delays, and other issues inherent to its use. Therefore, the Service may be subject to malfunctions or delays inherent to the use of the Internet and communications.

Encuadrado will inform the User in a timely manner about any updates that may be necessary to keep the Platform operational, and it will be the User's sole responsibility to execute them so that the service can continue to function correctly. Encuadrado offers technical and/or commercial support from Monday to Friday between 9:00 AM and 6:00 PM in Continental Chile, via chat at www.encuadrado.com. Encuadrado may temporarily interrupt the service for technical or other qualified reasons, aimed at the maintenance and optimization of the Platform, a circumstance which the User declares to know and accept. In such exceptional cases, Encuadrado undertakes to perform the necessary operations during hours of lower demand, which will be communicated to the User with due notice, via email or a notice on the Platform. Even though the continuity of the Platform's operation depends on external service providers outside Encuadrado's control, Encuadrado undertakes to perform the necessary operations as soon as possible to continue the Platform's operation.


THIRTEENTH. REPORTS AND COMPLAINTS.

The User and Clients may report to Encuadrado any conduct or Content that may infringe the Terms and Conditions, the Privacy Policy, or applicable law. For this purpose, the Platform will have a link where the word "Report" will appear. Once a report is received, Encuadrado, at its sole discretion, will determine whether the removal or modification of the Content is appropriate.

Encuadrado may also disclose information to judicial, administrative, or law enforcement authorities when legally required to do so, including in response to court orders, subpoenas, or other valid legal process, or where Encuadrado determines in good faith that disclosure is necessary to comply with applicable law, protect the rights or safety of Encuadrado, Users, Clients, or the public, or investigate potential violations of these Terms. Where legally permitted, Encuadrado will notify the affected party of such disclosure.


FOURTEENTH. USER-GENERATED CONTENT (REVIEWS AND RATINGS).

14.1 Client Reviews.

Once the session ends, the Client may rate the service on a scale of 1 to 5 "stars" and leave respectful and moderate additional comments ("User-Generated Content"), all of which must be submitted within a period of 2 days after the session is completed. If the Client is dissatisfied with the services provided or they do not meet the expected quality, they may indicate this in their rating. Such content is submitted at the Client's sole discretion and responsibility.

14.2 Prohibited Content.

Clients and Users may not submit User-Generated Content that:

  1. contains hate speech, harassment, threats, or discriminatory language on the basis of race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected category;

  2. defames, libels, or makes false factual claims about any person;

  3. discloses personal information about third parties without their consent, including clinical information, financial data, or other sensitive data;

  4. contains unlawful content, including but not limited to any of the content categories listed in clause Eighth (Exclusions);

  5. infringes intellectual property rights of any third party;

  6. contains spam, commercial solicitation unrelated to the service rated, or attempts to redirect traffic off the Platform; or

  7. is intentionally false, malicious, or designed to harm the reputation of a Professional without factual basis.

14.3 Moderation Rights.

Encuadrado reserves the right, but not the obligation, to review, moderate, edit, or remove any User-Generated Content at its sole discretion, particularly where such content appears to violate these Terms or applicable law. Encuadrado does not endorse any User-Generated Content and does not warrant its accuracy, completeness, or reliability. The opinions expressed in User-Generated Content are those of the Clients and not of Encuadrado.

14.4 Reporting.

Users and Clients may report User-Generated Content that violates these Terms through the "Report" function described in clause Thirteenth.


FIFTEENTH. CONFIDENTIAL INFORMATION.

During the term of these Terms and Conditions, and in connection with the use of the Platform, the parties may access non-public information related to the other's business, operations, and strategy, including but not limited to commercial, technical, financial, and administrative background, Client lists, prices, Platform usage data, business plans, internal reports, and any other content whose knowledge by third parties could represent a competitive advantage or imply a reputational or economic risk for the party that shared it (the "Confidential Information").

Each party undertakes to keep the Confidential Information under strict confidentiality, not to use it for purposes other than those expressly authorized, and not to disclose it to third parties, except with prior written consent from the party that shared the information or pursuant to an express legal obligation. This includes the adoption of reasonable technical, organizational, and contractual measures to prevent unauthorized access, loss, misuse, or disclosure.

The User also specifically undertakes to safeguard all information they receive or generate regarding their Clients, including personal and/or sensitive data, such as clinical records or other information protected under Law No. 21.719 and Law No. 20.584, committing to treat them confidentially, in a restricted manner, and in accordance with applicable regulations.

The following shall not be considered Confidential Information:

(i) information that is publicly known without breach of these Terms;

(ii) information that was in the Receiving Party's possession in a verifiable manner before its disclosure;

(iii) information that must be disclosed in compliance with a judicial or administrative order issued by a competent authority, with notice being given to the party that shared the information as soon as legally possible; or

(iv) information shared in an anonymized and statistical manner, without the possibility of identifying specific natural or legal persons.

Breach of this clause may lead to suspension or deletion of the User's account on the Platform, without prejudice to any applicable legal actions.

The obligations contained in this clause will remain in force for a period of two (2) years from the termination of the contractual relationship, regardless of the cause of termination.


SIXTEENTH. NON-CIRCUMVENTION.

At any time before the expiration of the period of 5 years from the date of execution of this instrument, the Parties expressly agree that the identities of any individual or entity, or any other third party (including but not limited to suppliers, clients, funding sources, manufacturers, and consultants) discussed and made available by the Disclosing Party with respect to the Transaction and any business opportunity will constitute Confidential Information, and the Receiving Party or any of its affiliates, related persons, or entities may not (without the prior written consent of the Disclosing Party):

a) Directly or indirectly initiate, solicit, negotiate, contract, or enter into any business transaction, agreement, or commitment with any of the third parties identified or introduced by the Disclosing Party; or

b) Seek to divert, compete with, evade, or circumvent the Disclosing Party of any business opportunity related to the Transaction by using the Confidential Information or in any way exploit or obtain any benefit from the Confidential Information.

The Receiving Party agrees that any economic benefit it receives, or that any person or entity related to it receives, for the breach of this clause, shall compensate the Disclosing Party for the total benefit obtained, with the maximum conventional interest accruing annually. Such interest will accrue daily from the date of the breach until the effective payment of the benefit received, which must be paid together with the latter.


SEVENTEENTH. LIMITATION OF LIABILITY.

The User is solely responsible for ensuring the accuracy, precision, and legality of the content uploaded to the Platform for its adequate protection and backup. Encuadrado, its affiliates, partners, agents, directors, related parties, employees, suppliers, or licensors shall in no case be liable for direct, indirect, unforeseen, lost profits, consequential damages, incidental, special, or consequential damages and/or moral damages, resulting from (i) the use of the Platform or the inability to use it; (ii) the provision or non-provision of professional services by the User; (iii) in connection with the performance or navigation of the Platform or its links to other websites, even if Encuadrado has been informed of the possibility of such damages; (iv) costs for downtime and/or loss of data when not due to its gross negligence; (v) the quality of the services provided by the User; or (vi) any medical negligence, malpractice, or any deficient provision of services by the Professional, and in connection with or otherwise arising from any use of the services.

Encuadrado will not be liable for breach of its obligations, as defined in this contract, if the performance of these obligations has been reasonably prevented, interfered with, or delayed by circumstances beyond its control, such as acts of force majeure, fortuitous events, strikes, fires, epidemics, or similar situations.

In matters of information security/confidentiality/loss or alteration of data or software recovery, and other unauthorized access or use of the Services or your account or the information contained therein, Encuadrado's liability will only apply in the event that Encuadrado fails, for proven reasons exclusively attributable to Encuadrado, to comply with the procedures and obligations that correspond in this matter.

Likewise, Encuadrado will not be liable for unauthorized access or use of third-party security servers that involves damage or violation of personal information stored in them, for the interruption or cessation of transmission, or for any bug, virus, trojan, or similar that may be transmitted through servers belonging to third parties.

Attendance at sessions and quality of service are the sole responsibility of the User and the Client. Encuadrado has a rating system for Users that it makes public so that Clients can decide whether or not to contract. In cases of serious actions and/or attitudes by Users of which Encuadrado becomes aware, such as the commission of crimes or the existence of inappropriate conduct, without this list being exhaustive, Encuadrado will proceed to remove the User in question from the Platform. Encuadrado will also not be responsible for the truthfulness or authenticity of the data, information, and/or documents that Users have provided when registering on the platform.

The User is responsible for obtaining all rights and permissions necessary to collect the information accessed in connection with the provision of services through the Platform. The foregoing includes obtaining consent to process the personal information of Clients. The User declares and warrants that they will provide the services of their business professionally in accordance with good industry practices.


EIGHTEENTH. LIABILITY TO THIRD PARTIES / INDEMNIFICATION

The User undertakes to respond to Encuadrado for any claim or demand, whether judicial or extrajudicial, that may be brought against Encuadrado by virtue of the provision of professional services they make through the Platform, holding Encuadrado harmless from all liability, as well as to defend, indemnify, and hold harmless Encuadrado, its officers, directors, employees, agents, and affiliates, from and against any damages and/or losses, claims, actions, costs, sanctions, fines, and expenses, including without limitation, attorneys' fees, arising from, related to, or resulting from the unauthorized use of the Platform by the User, or from any breach of these Terms and Conditions, including without limitation, any violation of law, ordinance, administrative order, norm, or regulation.

For this purpose, the User undertakes to notify Encuadrado of any claim or demand brought against them within a maximum period of 2 business days, counted from the date of receipt of the respective notification.

Encuadrado is not a party to the contracts and/or agreements entered into between the User and Client and will not be responsible for any exchange of information, activity, or communications between them, nor can it supervise the quality, punctuality, accuracy, legality, non-compliance, or compliance, or any aspect related to the services offered by Users, nor does it have or will have knowledge of the conduct, operations, or recommendations that the User makes during the provision of services, and has no involvement in their administration, for which reason it is not responsible in any way for the quality, legitimacy, and/or legality of these.

Furthermore, it is not responsible for the integrity, responsibility, competence, qualifications, or any actions or omissions of Users. Encuadrado makes no warranty or representation about the suitability, reliability, punctuality, or accuracy of the services requested or provided. Users are independent persons. Therefore, Users are not employees, partners, representatives, agents, business partners, or franchisees of Encuadrado. Encuadrado does not perform tasks and does not hire people to perform them, but rather functions as a Platform through which Users communicate and publish the provision of their services, enabling their visibility, scheduling, collection, payment, and issuance of invoices, all in one place.

The User will indemnify and hold Encuadrado, its directors, and employees harmless from and against any claim that may arise from or in connection with Client information or personal information that is incorrect, inaccurate, or illegal.

In the event of receiving repeated complaints from Clients or third parties regarding a User, Encuadrado may withhold the amounts corresponding to such claims and, when these are duly justified, proceed to refund them to the respective Clients.


NINETEENTH. TERM OF THE TERMS

The User must notify Encuadrado one month in advance if they wish to cancel the Platform prior to the issuance of the invoice as indicated in the Third clause. For its part, Encuadrado may terminate this contract if the User falls behind in payment for the 30-day period indicated in the Third clause of this instrument or if they seriously violate the law or any of the obligations indicated in this contract, especially those related to information security and those related to messaging compliance set forth in clause Sixth.

Additionally, Encuadrado reserves the right to terminate these Terms and Conditions in the event of bankruptcy, notorious insolvency, an attachment imposed on all or a relevant part of the business or its assets, or if the same circumstances occur with respect to the User.

Once the contract is terminated, the User will no longer have access rights to the Platform. If the contract has not been terminated due to breach of the User's obligations, and the User so requests, and for a period of up to 5 days after the termination of the relationship between the parties, Encuadrado will make available to the User the data it has stored in connection with the provision of services. Once this period ends, and unless the law states otherwise, Encuadrado will convert the content to statistical data.

Even after the termination of these Terms and Conditions has occurred for any of the aforementioned causes, the provisions that by their nature should survive will remain in effect.


TWENTIETH. MODIFICATIONS.

Encuadrado is constantly trying to improve its services and, consequently, reserves the right to modify and change these Terms and Conditions as appropriate. Such modifications will be notified by Encuadrado through an announcement on its website, updates on the Platform, or by sending an email, all with at least 3 days' notice before the relevant modifications take effect. The User may accept the modifications or cancel the service if they do not agree with the changes, provided that they do so within the minimum termination periods. In any case, by continuing to access or use our service after such modifications have taken effect, the User agrees to be bound by the new Terms and Conditions. If any change in the Terms becomes unacceptable to you in the future or leads to breach of these Terms, you must deactivate your account and stop using the Platform immediately.


TWENTY-FIRST. PROCESSING OF PERSONAL DATA.

The processing of personal data carried out through the Platform will be conducted in compliance with Article 19 No. 4 of the Political Constitution of the Republic, Law No. 21.719 on Personal Data Protection, and any other rule that replaces or complements it. Data processing will adhere to the principles of lawfulness, purpose, proportionality, quality, security, responsibility, transparency, confidentiality, minimization, and temporal limitation.

1. User Data

Encuadrado SpA ("Encuadrado") collects and processes User personal data strictly to enable the creation and administration of their Profile on the Platform, such as: full name and/or corporate name, date of birth, gender, national ID or Tax ID number, profession and specialty, address, phone number, email, banking details (bank name, account type, and account number), time zone, photograph, and a brief professional description. It may also synchronize with User tools such as Google Calendar to facilitate schedule coordination.

This information will be used exclusively to operate the Platform, manage the contractual relationship between Encuadrado and the User, facilitate the scheduling of services, the issuance of tax documents, and send necessary communications. It will not be shared with third parties without authorization, except as required by law or by contracts with providers essential for the system's operation.

2. Client Data

Encuadrado may collect personal data from the User's Clients, such as full name, Tax ID, date of birth, address, phone, and email, exclusively to enable the reservation of services, their confirmation, and reminders. These data will be shared only with the corresponding User so they can provide the scheduled services, and must not be shared by the User with third parties. The User undertakes to keep this information under strict confidentiality.

The legal basis for the processing of Client data will be the consent given by the Client when interacting with the Platform, as well as other legal bases authorized by current law.

3. Sensitive Personal Data

If the User collects and stores, through the Platform, sensitive data of their Clients (such as clinical records, medical diagnoses, exams, genetic information, mental or physical health, gender identity, among others), they will act as the controller for such data. Encuadrado will limit itself to providing the technological infrastructure for the storage and management of this information, without active intervention on its content, purposes, or scope. Therefore, it will be the User's exclusive responsibility to:

  • Obtain the express consent of their Clients or have another valid legal basis for processing;

  • Ensure that the processing of sensitive data complies with the law;

  • Ensure that the data uploaded to the Platform are protected in accordance with reasonable standards of confidentiality and security.

Encuadrado, for its part, undertakes not to access or use this information beyond what is necessary to provide the contracted technological service, and to keep it hosted exclusively on servers that meet adequate protection standards.

4. Sub-processors and International Transfers

Encuadrado may rely on third-party providers of technological services (such as payment platforms, scheduling tools, messaging platforms, or hosting services), some of which may be located outside Chilean territory. Any international data transfer will be carried out in accordance with Article 35 of Law No. 21.719, to countries that ensure an adequate level of protection or through contractual clauses or other valid guarantee mechanisms.

Providers will be contractually obligated to maintain data confidentiality, comply with Encuadrado's instructions, and adopt appropriate security measures.

5. Security and Records

Encuadrado declares that it has implemented appropriate technical and organizational security measures, in line with the level of risk, including access controls, data encryption, activity logs, backups, and incident handling protocols. It will also maintain a Record of Processing Activities in accordance with the provisions of Law No. 21.719.

6. Rights of Data Subjects

Personal data subjects may exercise their rights of access, rectification, cancellation, opposition, portability, and limitation of processing through a written request sent to legal@encuadrado.com. Encuadrado will respond within the deadlines established by current regulations. If the subject is a Client of a User, Encuadrado may refer the request to the responsible User and facilitate its processing, without assuming direct responsibility for its resolution.

7. Security Incidents

Both parties undertake to inform each other, as soon as reasonably possible from becoming aware of any security incident affecting personal data, such as unauthorized access, destruction, loss, alteration, misuse, or unauthorized disclosure. The party that suffered the incident must communicate: (i) the type of event, (ii) the category and volume of affected data, (iii) the possible impact on subjects, and (iv) the corrective measures adopted.

This notification will not in itself imply an acknowledgment of responsibility by the informing party.

8. Data Protection Officer

Encuadrado may designate a Data Protection Officer (DPO) when legally required, who will act as a communication channel with personal data subjects and competent authorities. Their contact information will be published on the Platform or through Encuadrado's official channels.

9. Disclosure to Competent Authorities

Encuadrado may disclose personal data or other User or Client information to judicial, administrative, or law enforcement authorities when legally required to do so, including in response to court orders, subpoenas, or other valid legal process, or where Encuadrado determines in good faith that disclosure is necessary to comply with applicable law, protect the rights or safety of Encuadrado, Users, Clients, or the public, or investigate potential violations of these Terms. Where legally permitted, Encuadrado will notify the affected party of such disclosure.


TWENTY-SECOND. APPLICABLE LEGISLATION. CONFLICT RESOLUTION.

This agreement will be governed in all its points by the laws in force in the Republic of Chile, particularly with regard to matters of data messages, electronic contracting, and commerce.

Any difficulty or controversy that arises between the contracting parties regarding the application, interpretation, duration, validity, or execution of this contract or any other matter will be submitted to mediation, in accordance with the Mediation Procedural Regulations of the Arbitration and Mediation Center (CAM) of the Santiago Chamber of Commerce (CCS), in force at the time of the request. If mediation is unsuccessful, the difficulty or controversy will be resolved through arbitration in accordance with the Arbitration Procedural Regulations of the same Center in force at the time of the request.

The parties grant a special irrevocable power of attorney to the Santiago Chamber of Commerce A.G. (CCS), so that, at the written request of either of them, it may appoint an arbitrator with authority to decide procedural matters at its discretion and substantive matters according to law, from among the members of the CAM Santiago arbitration panel. No appeal will be allowed against the arbitrator's decisions. The arbitrator is specifically authorized to resolve any matter related to its competence and/or jurisdiction.


TWENTY-THIRD. SEVERABILITY AND INTEGRITY.

Each provision of these Terms and Conditions must be interpreted in a way that allows for the full production of its effects, effectiveness, and validity under Chilean law. Notwithstanding the foregoing, the ineffectiveness, invalidity, nullity, and/or unenforceability of any of the clauses will not affect the full force and effect of the remaining Terms and Conditions. The invalid or inapplicable provision must be replaced by a provision that allows for the full production of its effects and that has, to the extent possible, an effect similar to that of the illegal, null, or unenforceable provision, given the contents and purpose of these Terms and Conditions.

Likewise, these Terms and Conditions constitute the entire agreement and understanding between the parties in relation to the Services and supersede, replace, and combine all prior or contemporaneous contracts, agreements, understandings, or discussions between the Parties regarding the subject matter hereof. In these Terms and Conditions, the words "included" and "includes" mean "included, on a merely illustrative basis."


TWENTY-FOURTH. ASSIGNMENT.

The User agrees that the rights and obligations arising from this agreement are personal in nature. Consequently, the User may not assign or transfer to any third party, in whole or in part, these Terms and Conditions, which may only be assigned if the User has Encuadrado's prior written consent.

For its part, Encuadrado may assign, transfer, or delegate any of its rights and obligations under these Terms and Conditions without the User's prior consent, but by providing prior written notice if the assignment of rights and obligations is motivated by merger, acquisition, or substantial sale of all of Encuadrado's assets, or those of an affiliated company, as part of a corporate reorganization.


TWENTY-FIFTH. NOTIFICATIONS.

Encuadrado may notify the User, whether such notifications are required by law or are necessary for other commercial reasons, through a notice by email, through the Platform, the App, or by posting a notice on the website, as determined by Encuadrado, which reserves the right to establish the form and means for notifying its Users. Encuadrado is not and will not be responsible for any automatic filtering that the User or their internet provider may apply to email notifications sent to the email address provided. We recommend adding the email agendamientos@encuadrado.com to your contact list to ensure receipt of our email notifications.


TWENTY-SIXTH. CONTACT.

If the User/Professional has any questions regarding the Terms and Conditions, Privacy Policies, use of the Platform, or their Profile, they may contact Encuadrado via email at legal@encuadrado.com. Messages will be answered as soon as possible.

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