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TERMS AND CONDITIONS FOR THE USE OF “FMCAMPS”

Last update: April 7, 2026

Below you will find the Terms and Conditions of the website www.fmcamps.com (hereinafter, the “Platform”) which, together with the Privacy and Cookie Policies, form a contract between FMCAMPS S.A.C., with RUC No. 20608949225 (hereinafter, “FMCAMPS”) and the client and/or user (hereinafter, the “User”).

1. Description

FMCAMPS is a company that holds the ownership right over the software called “FMCAMPS” (hereinafter, the “Software”), which is a system specialized in On Site service management processes with modules focused on camp maintenance, managing the entire life cycle of work orders, from their reception and scheduling to their closure, and all information from their adjacent processes (the “Services”).

This document contains the clauses governing the general Terms and Conditions for the use of the Website, fan pages, and any of its subdomains and each of the tools currently or in the future available.

Likewise, the Terms and Conditions govern the Services provided by FMCAMPS.

2. Acceptance of the Terms and Conditions

FMCAMPS will assign an account to the User on the Platform (the “Account”), through which the User may use the Services that FMCAMPS may make available. Notwithstanding, by accepting the assignment of the Account you are accepting the Terms and Conditions and, therefore, are bound to comply with its contents.

In accordance with the above, before taking any action on the Platform, you must carefully read all Terms and Conditions, as well as the Privacy and Cookie Policies, and if you disagree, you must refrain from continuing to use the Platform and/or Services. Otherwise, you are expressly warranting that:

  • You accept and are bound by these Terms and Conditions of use, as well as the Privacy and Cookie Policies, which are binding documents; and
  • You have full capacity to accept and be bound by these Terms and Conditions of use.

3. Modification of the Terms and Conditions

FMCAMPS reserves the right to periodically modify the Terms and Conditions, as well as any information incorporated therein by reference, in order to adapt them to new rules and regulations that may be issued, or due to a legal or contractual obligation that so determines, without prejudice to also being able to modify them at FMCAMPS' sole discretion to adapt to industry practices or operational conveniences.

When making substantial changes, FMCAMPS will notify the User with no less than thirty (30) days' advance notice through the communication channels established in the Master Agreement, as well as through publication on its website www.fmcamps.com indicating the date from which said modifications will take effect.

The User understands and accepts that continued use of the Services or the Platform after changes have been made constitutes express acceptance of such modifications. However, the User may disassociate from FMCAMPS, for which they must send a communication requesting to be deregistered as a User at the time of, or prior to, the new implemented changes taking effect.

4. Eligibility

The Platform and its Services are intended for Users who are legal entities duly incorporated in Peru or abroad (hereinafter, “Eligible Persons”).

By using the Platform, the User declares that they meet the requirements described in the immediately preceding paragraph and agree to comply with all Terms and Conditions established herein. Use of or access to the Platform by any person who does not meet such requirements is unauthorized and constitutes a violation of the Terms and Conditions, and FMCAMPS may take actions or sanctions appropriate to each case.

5. Registration process

Registration processes maintain the confidentiality of User identity as set forth in the Privacy Policies. All activity carried out on the Platform with the email address provided by the User will be considered legitimate and performed by the User. The User is fully responsible for the accuracy of the data entered for the registration process as a User.

The User is solely responsible for safeguarding their username and password on the Platform. FMCAMPS does not have access to said password and in the event of forgetting or corruption thereof, the User must first follow the steps for recovery or contact FMCAMPS to request that a new password be generated.

The User acknowledges that email is a key element in registration and communication with FMCAMPS. The User is responsible for providing a valid and frequently used and controlled email address and accepts that FMCAMPS may send customary communications to said address.

6. User obligations

The User may have only one Account on the Platform.

Likewise, the User declares, acknowledges, and accepts that the use of the Platform is at their own risk, releasing FMCAMPS from all liability, including without limitation, damages, losses, or direct or indirect expenses arising in connection with the Platform or its use.

The User agrees to refrain at all times from interfering or attempting to interfere with the normal development of the operation and functioning of the Platform, by any means whatsoever, including, without limitation, sending computer viruses in any format, engaging in spamming, hacking, or cracking activities, or any other means expressly prohibited by any provision of the Terms and Conditions or whose effect is to interfere, attempt to interfere, damage, or affect the Website or third parties who use or access it.

If the User violates any of these Terms and Conditions or any other agreement between the User and FMCAMPS, the latter may cancel the User's Access Identification, delete their profile and any content or information published on the Platform, and/or prohibit their use of the Platform (or any part, aspect, or feature of the service or Platform), at any time and at FMCAMPS' sole discretion, without prior notice. The foregoing does not affect the User's rights under the Master Service Agreement, including proportional reimbursement when applicable under said agreement.

In the event the User violates legislation or infringes the rights of third parties, FMCAMPS has the right to provide, upon request of any legitimate authority (courts, administrative authorities, and police forces), any information that allows or facilitates the identification of the infringer.

In general, the User commits, in an enunciative and non-limiting manner, to:

  1. Not use the Platform for illicit purposes;
  2. Not use the Platform under the name of another User;
  3. Not infringe intellectual property rights, especially regarding distinctive signs of which FMCAMPS is the owner, or regulatory rules regarding the protection of personal data;
  4. Not access email accounts of other Users;
  5. Not use the Platform fraudulently;
  6. Not alter or modify the Platform, circumventing, disabling, or otherwise manipulating the functions of the Platform;
  7. Not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations to the contents or systems of the Platform;
  8. Not carry out advertising actions for goods or services without the prior consent of FMCAMPS;
  9. Not host, store, disclose, publish, distribute, or share images or photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
  10. Not host, store, disclose, publish, distribute, or share any material or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent, or in any way contrary to good customs or public order;
  11. Not use the Platform to harm, defame, intimidate, or damage one's own image or harass other Users;
  12. Not host, store, disclose, publish, distribute, or share any content that may constitute an illegitimate intrusion or violation in any form of the fundamental rights to honor, image, and personal privacy of third parties and, most especially, minors;
  13. Not send mass and/or repetitive emails to multiple persons, or send email addresses of third parties without their consent.

7. Trademarks, Copyright, and Intellectual Property

The Software used on the Platform, as well as all content included therein without limitation of the design, texts, and constituent graphic elements, as well as the selection and design of content disseminated through it, as well as its presentation and assembly, are the exclusive property of FMCAMPS, who holds the exploitation rights. In this sense, they constitute works protected by copyright and intellectual property laws, with international treaties subscribed in this field also being applicable.

FMCAMPS shall own and retain all rights, titles, and interests in (a) the Services and Software, all improvements, extensions, or modifications thereof, (b) any software, application, invention, or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

The ownership of data entered into the Software is determined according to the nature of the data bank:

  • Client's operational personnel data (registered on the Platform): are and shall remain the exclusive property of the Client. FMCAMPS does not acquire nor intend to acquire any ownership right over such data by the mere fact of providing the Services, in accordance with article 29.2 of Supreme Decree 016-2024-JUS.
  • Commercial contact data (provided during onboarding): FMCAMPS is the Owner of the commercial data bank registered with the RNPDP (registration 28922).

FMCAMPS does not grant any license or authorization of use over its industrial and intellectual property rights, copyright, trademarks, or any other property or right related to the Platform.

FMCAMPS, logos, designs, headers, icons, source code (HTML, CSS, JavaScript, among others), illustrations, and Service names are registered trademarks, works protected by copyright and intellectual property of FMCAMPS and cannot be used, copied, imitated, or utilized, in whole or in part, without the prior written authorization of FMCAMPS; as well as the content of the Platform and the processes used by FMCAMPS for the provision of its Services.

8. Liability

The User agrees to indemnify and hold harmless FMCAMPS and each of its directors, officers, agents, contractors, partners, and employees against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney fees, arising from or in connection with their User content, any third-party content that the User publishes or shares through the Platform, their use of the service or the Platform, their conduct in relation to the service or the Platform or with other users of the service or the Platform, or any violation of these Terms and Conditions or any law or the rights of third parties.

The User declares, acknowledges, and accepts that the use of the Platform is at their own risk, releasing FMCAMPS from all liability, including without limitation, damages, unpaid debts, losses, or direct or indirect expenses arising in connection with the Platform or its use, or inability to use by Users, or in connection with any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer viruses, or system or line failure.

9. Platform availability

The User acknowledges that the Platform and service may not be temporarily available due to maintenance or other reasons. FMCAMPS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access, or alteration of User communications, relating to causes not attributable to FMCAMPS. In this regard, FMCAMPS is not responsible for technical problems or malfunction of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, email failures or players caused by technical problems or traffic congestion on the Internet or on the Platform or a combination thereof, including injuries or damages to Users or to the computer of any other person related to or derived from participation or downloading of materials related to the Platform or in connection with the service, arising from force majeure or fortuitous events.

10. Personal data protection

The processing of personal data carried out through the Platform is governed by the Privacy Policy of FMCAMPS, which forms an integral part of these Terms and Conditions. The Platform manages two data banks with different owners and responsibilities, in accordance with Law No. 29733 and Supreme Decree 016-2024-JUS:

10.1 Commercial contact data (FMCAMPS Bank)

FMCAMPS is the Owner of this bank (RNPDP registration 28922). The User (commercial contact of the Client) may exercise their rights of information, access, rectification, cancellation, objection, objective processing, and portability directly before FMCAMPS through soporte@fmcamps.com.

10.2 Operational personnel data (Client Bank)

The Client is the Owner of this bank. FMCAMPS acts as Data Processor in accordance with the Master Service Agreement. Operational personnel data is stored on Amazon Web Services servers (United States of America) with the security measures described in the Privacy Policy.

The Client is responsible for:

  • Registering their data bank with the RNPDP (articles 42 and 43 of Supreme Decree 016-2024-JUS).
  • Obtaining consent from their personnel for the registration of their data on the Platform and for the international transfer to AWS.
  • Obtaining express consent for sensitive data (medical pass validity, if the HSE module is contracted).
  • Handling requests for the exercise of rights from their personnel within the legal deadlines.
  • Ensuring the accuracy of the personnel data registered on the Platform.

The Client's operational personnel who wish to exercise their rights must first contact their employer company (the Client). FMCAMPS facilitates the technical execution of requests in accordance with the Client's instructions.

11. Notifications

FMCAMPS will send notifications or communications to Users at the email address provided by them during their registration process, while notifications or communications that Users wish to send to FMCAMPS must be sent to FMCAMPS' email: soporte@fmcamps.com

12. Validity of the Terms and Conditions

The Terms and Conditions shall become fully effective for each User from the date of signing the corresponding Master Software as a Service Agreement, and shall remain in effect, including its modifications, until a reason arises that determines its termination in accordance with the Terms and Conditions or as established in the Master Software as a Service Agreement with the User.

13. Dispute resolution

FMCAMPS and the Users agree that in case of doubt or controversy over the validity, interpretation, or execution that may arise between them, in relation to the aforementioned documents, they expressly submit to the jurisdiction of the courts of the judicial district of Lima, designating as their domiciles those appearing in the registration forms, where judicial or extrajudicial communications and notifications shall be sent.

14. Final considerations

FMCAMPS does not guarantee the veracity of any User content or third-party content. Although FMCAMPS provides User conduct rules and publications, FMCAMPS does not control nor is it responsible for what Users publish on the Platform, nor is it responsible for any offensive, inappropriate, obscene, illegal, or objectionable content that may be found on the Platform or in connection with any User or third-party content. FMCAMPS is not responsible for the conduct of any User of the Platform or the service. FMCAMPS cannot guarantee and does not promise any specific results from the use of the Platform or the service.

FMCAMPS may apply sanctions to members who violate the clauses prescribed herein, such as suspension or expulsion, with the sanction to be applied being at the exclusive discretion of FMCAMPS.

15. Contact

If you have any questions, complaints, comments, or suggestions regarding these Terms and Conditions, please contact us at soporte@fmcamps.com.

THE USER DECLARES TO HAVE READ AND UNDERSTOOD ALL THE CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS AND THE PRIVACY POLICIES, AND EXPRESSES THEIR AGREEMENT AND ACCEPTANCE AT THE TIME OF REGISTERING ON THE PLATFORM. ANY PERSON WHO DOES NOT ACCEPT OR DISAGREES WITH THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING IN NATURE, MUST REFRAIN FROM USING THE PLATFORM.