Terms and Conditions
These terms and conditions (hereinafter, the “Terms and Conditions”) of service regulate the contractual relationship between users (hereinafter, the “Users” or the “User”), with the Contracting Party, as defined in Clause 14, (hereinafter, the Contracting Party will be referred to as “CUOTAQ” and together with the Users, the “Parties”). Users will be subject to the respective General Terms and Conditions, together with all other policies and principles that govern CUOTAQ and that are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR SERVICE AS DEFINED BELOW.
The User must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies. CUOTAQ reserves the right to modify these Terms and Conditions at its own discretion and convenience by notifying Users 15 (fifteen) days in advance of the implementation of the changes. Once the Terms and Conditions have been modified, the User must decide whether to accept them, in which case he/she may continue using the CUOTAQ Site and/or Service.
The User agrees that he/she will be notified of any modification to the Terms and Conditions once CUOTAQ has published them at https://www.cuotaq.com/terms-and-conditions , and has notified through the contact channels that the User declares, if applicable. The User's continued use of the Site and/or Service, as defined below, once said new version has been published will be considered as acceptance of said modifications to the Terms and Conditions. Accordingly, the User agrees to check the Terms and Conditions at https://www.cuotaq.com/terms-and-conditions or the corresponding URL periodically.
CUOTAQ offers the User through a web platform accessible under the URL https://app.cuotaq.com/ (hereinafter, the “Site” and/or “Platform” interchangeably) and/or through third-party platforms, the possibility of independently contracting any of the different types of services (hereinafter and collectively the “Service” and/or the “Services”) following:
a. CUOTAQ Service – Chapter I b. CUOTAQ Service – Chapter II
The conditions of each of the Services mentioned above will be developed in Chapter I (hereinafter, the “Chapter”) of these Terms and Conditions, which form an integral and inseparable part of them. The words defined in these Terms and Conditions must be interpreted according to the context in which they are used, they include both genders and may be found in both plural and singular.
USERS: Users authorized to form part of CUOTAQ and use the Service are those natural or legal persons who are using the provision of any of the CUOTAQ Services through its Platform and are registered under the modalities indicated in these Terms and Conditions.
REGISTRATION: To access the contents of the Site and to use the CUOTAQ Services through its Platform, the User must complete all fields of the account with valid data (hereinafter, the “Account”) and verify that the personal information provided to CUOTAQ is accurate, precise and true (hereinafter, the “Personal Data”).
CUOTAQ reserves the right to request proof and/or additional information in order to corroborate the Personal Data, and, where appropriate, reserves the right to temporarily and/or permanently suspend the Service(s) for any User whose data could not be confirmed. The Personal Data provided by the User will be integrated into a personal database for which CUOTAQ is responsible. For more information on the processing of personal data, the User may consult https://www.cuotaq.com/privacy-policy.
A competitor is prohibited from accessing the Services provided by CUOTAQ, unless CUOTAQ has given its prior consent. It is also prohibited to access the Services provided by CUOTAQ for the purpose of monitoring their performance or functionality, publishing them or making them accessible to any competitor or third party not governed by these terms and conditions, or for any other benchmark or competitive purposes.
SERVICES: As previously informed, CUOTAQ will offer the User different types of specific Services, which are detailed below:
a) CUOTAQ Service: management and administration service for the generation of installments to be paid according to the instructions of the User in order to request payments or demand them on behalf of and at the order of the User and to be able to collaborate with the User to evaluate the status of the pending payment collections, analyze the reason for payment rejections, apply a retry logic and grant the registration of new clients. For more details, review Chapter I: CUOTAQ Service.
OTHER SERVICES: CUOTAQ Initial data upload: CUOTAQ will offer the User the possibility of CUOTAQ initial data upload free of charge. Through this, the User will be able to send the initial information for the parameterization of the entity to CUOTAQ so that it can upload it to the system and set it up to be able to begin operating. It should be noted that CUOTAQ initial data upload applies to all clients who request it and there is no charge for the first data upload. CUOTAQ reserves the right to charge for successive data uploads. CUOTAQ shall not be liable for the data provided by the contracting entities through their representatives.
Third Party Services: CUOTAQ may also offer, through the Platform, third party services over which CUOTAQ shall have no influence other than making them available to Users. The User understands and accepts that in the event of contracting said third party services, he or she does so under his or her exclusive responsibility and any obligation and/or claim based on the same must be made to the third parties that provide said services. The contracting conditions must be established between said third parties and the Users separately.
COMPENSATION: Users must pay for the Services through bank transfer and/or automatic debit. CUOTAQ will offer the User a price list that will determine the amounts that the User must pay according to the type of service selected. The location of said price list and information regarding the compensation to be paid will be detailed in each of the chapters. CUOTAQ reserves the right to change, modify, add or remove the amounts mentioned from time to time, at its own discretion and new versions of the tariff will be notified by publishing said new version on the Site and will be notified by email, 30 (thirty) days in advance or in the invoice issued 30 (thirty) days before the tariff change. Without prejudice to the above, the Parties may coordinate a consideration in a separate document, based on the services provided by CUOTAQ.
Failure to comply with the payment obligations assumed by the Users will grant CUOTAQ the right to temporarily suspend or permanently cancel the Service, without this generating any right to claim in favor of the User.
CUOTAQ also reserves the right to take the judicial and extrajudicial measures it deems appropriate in cases where debts are registered by the Users. The credit card holder is responsible for the data entered at the time of the request and/or reservation of the selected Service and is the only party obliged to pay the card issuer. Any lack of knowledge must be made to the Bank issuing the credit and/or debit card in accordance with the provisions of the Law applicable in each country.
CANCELLATION: CUOTAQ reserves the right to automatically terminate its relationship with the User in the following cases: a) When the User does not pay on time the fee corresponding to the Service to which he/she is subscribed; b) When the final termination of the Service provided to the User occurs; c) When the User is declared insolvent, bankrupt and/or is in the process of dissolution and liquidation provided for in the General Law of Companies. Likewise, CUOTAQ reserves the right to terminate its relationship with the User at any time during the validity of these Terms and Conditions. To do so, CUOTAQ must notify the User in writing of said decision, 15 (fifteen) days in advance, without this granting the User any right to claim. Once the commercial relationship between CUOTAQ and the User has ended, the User may request that all information managed by CUOTAQ by virtue of the provision of its Service be transferred, destroyed or used anonymously and statistically, with the exception of that which by law must be retained or kept for a certain period of time.
ASSIGNMENT OF THE CONTRACT TO THIRD PARTIES: The User may not assign his or her rights and obligations arising from these Terms and Conditions without the prior written consent of CUOTAQ. CUOTAQ may assign, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business for any reason. THIRD PARTY SERVICES The Site and/or Platform and/or the Service may contain links to other websites and/or have third-party integrations and/or be integrated into other sites and/or services and/or third-party platforms, which may not be owned or operated by CUOTAQ. By virtue of this, CUOTAQ has no control over them, and therefore shall not be liable for the content, materials, actions and/or services provided by them, or for damages or losses caused by the use of them, whether caused directly or indirectly. The presence of links and/or integrations to other websites and/or platforms and/or third-party services does not imply a partnership, relationship, approval, or endorsement by CUOTAQ of said sites and/or platforms and/or services and their contents. In those cases in which CUOTAQ is integrated into third-party platforms and/or websites and/or services, the User accepts and understands that said third parties may share with CUOTAQ the personal data and/or information that the User makes available on the third-party platforms and/or websites and/or services. Likewise, the User understands and accepts that CUOTAQ shares with the third party the personal data and/or information that the User incorporates by reason of the Site and/or Service. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements incorporated in the Site and/or through the Service (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video), belong to CUOTAQ or to third parties with whom CUOTAQ has entered into an agreement to publish its intellectual property rights on the Site. CUOTAQ authorizes the User to use, view, print, download and store the contents and/or elements belonging to the Site exclusively for personal, private and non-profit use, refraining from performing any act of decompilation, reverse engineering, modification, disclosure or supply on them. Any other use or exploitation of any contents and/or other elements inserted in the Site other than those expressly provided for herein shall be subject to prior authorization from CUOTAQ.
DATA PROTECTION: The Personal Data that the User provides in the Account will be integrated into a personal database for which CUOTAQ is responsible, whose address appears in the heading of this document. CUOTAQ declares that the Personal Data of the Users will be used solely for the purposes mentioned in these Terms and Conditions and under the conditions established by our Privacy Policies published at the following link: https://www.cuotaq.com/privacy-policy Users may exercise the rights to access, rectify, delete and update their Personal Data, as well as to oppose the processing thereof, all in accordance with the provisions of the applicable regulations (Law 25,326 - Personal Data Protection Law, Decree 1558/2001 and complementary regulations) and as established in the Privacy Policies. CUOTAQ is committed to ensuring compliance with the provisions of Law 25,326 and Decree 1558/2001 regarding the Protection of Personal Data, of users and/or any third party, as well as guaranteeing the rights.