Last update: May 16, 20221

TERMS AND CONDITIONS FOR THE USE OF “FMCAMPS”

Below you will find the Terms and Conditions of the website www.fmcamps.com (hereinafter, the “Platform”) which, together with the Privacy and Cookies Policies, form a contract between FMCAMPS S.A.C., with RUC N° 20608949225 (hereinafter, “FMCAMPS”) and the client and/or user (hereinafter, the “User”).

1. Description

FMCAMPS is a company that owns the property rights to the software called “FMCAMPS” (hereinafter, the “Software”),which is a system specialized in on-site service management processes with modules focused on camp maintenance that manage the entire life cycle of work orders, from their reception and scheduling to their closure, and all the information of their adjacent processes (the “Services”).

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

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

2. Acceptance of 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 to it. Notwithstanding the foregoing, by accepting the assignment of the Account you are accepting the Terms and Conditions and, therefore, you agree to comply with the provisions set forth therein.

Accordingly, before taking any action on the Platform, you should carefully read all Terms and Conditions, as well as the Privacy and Cookie Policies, and if you do not agree, you should refrain from further use of the Platform and/or Services. Otherwise, you are expressly warranting that:

• Accepts and agrees to be bound by these Terms and Conditions of Use, as well as the Privacy and Cookie Policies, which are binding documents; and
• That you have full capacity to accept and be bound by these Terms and Conditions of Use.

3. Modification of 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 from time to time, or due to a legal or contractual obligation that so determines, without prejudice to the right to modify them at FMCAMPS' sole discretion to adapt them to industry practices or operational convenience.

When changes are made, FMCAMPS will inform you through its website www.fmcamps.com, as well as the date from which such changes will take effect.

The User understands and accepts that the continued use of the Services or the Platform after changes have been made to it constitutes express acceptance of such modifications. Notwithstanding the foregoing, the User may disassociate himself/herself from FMCAMPS, for which purpose he/she must send a communication requesting to be deregistered as a User at the time of, or prior to, the implementation of the new changes.

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 it meets the requirements described in the immediately preceding paragraph and that it agrees to comply with all the Terms and Conditions set forth herein. The use or access to the Platform by any person who does not comply with such requirements is not authorized and is a violation of the Terms and Conditions, and FMCAMPS may take actions or sanctions according to each case.

5. Registration Process

The registration processes maintain the confidentiality of the identity of the Users as it is clear from the Privacy Policy. Any activity carried out on the Platform with the email address provided by the User shall 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 its User's name and password on the Platform. FMCAMPS has no access to such password, and if the User forgets or corrupts it, the User must first follow the steps for its recovery or contact FMCAMPS to request that a new password be generated.

The User acknowledges that e-mail is a key element in registration and communication with FMCAMPS. The User is responsible for providing a valid and frequently used and monitored e-mail address and agrees that FMCAMPS may send to such address the usual communications.

6. User Obligations

The User may have only one Account on the Platform.

Furthermore, the User declares, acknowledges and accepts that the use of the Platform is at the User's own risk, releasing FMCAMPS from all liability, including without limitation, direct or indirect damages, losses or 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 operation and functioning of the Platform, by any means whatsoever, including, without implying any limitation, the sending of computer viruses in any format, the development of 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 using or accessing the same.

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 ID, delete its profile and any content or information it has published on the Platform and/or prohibit its use of the Platform (or any part, aspect or feature of the service or the Platform), at any time and at FMCAMPS' sole discretion, without prior notice. Should the scenario mentioned in this paragraph occur, FMCAMPS shall not be obliged to refund or recognize any item corresponding to the Services contracted to date.

In the event that the User violates the law or infringes the rights of third parties, FMCAMPS is entitled to provide, upon request of any legitimate authority (courts, administrative authorities and police forces), any information enabling or facilitating the identification of the infringer..

In general, the User agrees, including but not limited to:

1. Not to use the Platform for illicit purposes;
2. Not to use the Platform under the name of another User;
3. Not to infringe intellectual property rights, especially on the distinctive signs of which FMCAMPS is the owner, or the regulatory standards relating to the protection of personal data;
4. Not to access the e-mail accounts of other Users;
5. Not to use the Platform fraudulently;
6. Not to alter or modify the Platform by circumventing, disabling or otherwise manipulating the functions of the Platform;
7. Not to 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 to advertise goods or services without the prior consent of FMCAMPS:
9. Not to host, store, disseminate, 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 to host, store, disseminate, publish, distribute or share any material or information that is unlawful, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
11. Not to use the Platform to harm, defame, intimidate or damage one's own image or harass other Users;
12. Not to host, store, disseminate, publish, distribute or share any content that may involve unlawful interference or infringement in any way of the fundamental rights to honour, image and personal privacy of third parties and, in particular, of minors;
13. Not to send mass and/or repetitive e-mails to a number of people, nor to send e-mail addresses of third parties without their consent.

7. Trademarks, Copyrights and Intellectual Property:

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

FMCAMPS shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements, extensions or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

FMCAMPS does not grant any licence or authorisation to use its industrial and intellectual property rights, copyrights, trademarks or any other property or right related to the Platform.

FMCAMPS, the logos, designs, headers, icons, source code (HTML, CSS, JavaScript, etc.), illustrations and Service names are registered trademarks, works protected by copyright and intellectual property of FMCAMPS and may not be used, copied, imitated or used, in whole or in part, without the prior written authorisation of FMCAMPS, nor may the content of the Platform or the processes used by FMCAMPS to provide its Services.

8. Responsibility:

The User agrees to indemnify and hold harmless FMCAMPS and each of its directors, officers, agents, contractors, partners and employees, against any losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your User Content, any third party content you post or share through the Platform, your use of the service or the Platform, your conduct in connection with 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 any third party.

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

9. Availability of the Platform:

The User acknowledges that the Platform and the service may be temporarily unavailable for maintenance or other reasons. FMCAMPS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the User's communications, which are due to causes not attributable to FMCAMPS. In this regard, FMCAMPS is not responsible for technical problems or malfunctions of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, e-mail failures or players caused by technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to the computer of any other person related to or derived from the participation or downloading of materials related to the Platform or in connection with the service, derived from situations of fortuitous events or force majeure.

10. Comments:

The User acknowledges and accepts that any questions, comments, suggestions, ideas, opinions or any other information about the Services or the Platform that you provide to FMCAMPS are non-confidential and shall become the exclusive property of FMCAMPS. FMCAMPS shall have exclusive rights, including all intellectual property rights, and shall be entitled to the free use and dissemination of such communications for any purpose, commercial or otherwise, without acknowledgement or compensation to You.

11. Notifications:

FMCAMPS will send notifications or communications to Users to the e-mail address provided by them during the registration process, while notifications or communications that Users wish to send to FMCAMPS should be sent to the FMCAMPS e-mail address: soporte@fmcamps.com

12. Validity of the Terms and Conditions:

The Terms and Conditions shall be in full force and effect for each User as of the date of signature of the relevant Master Software as a Service Agreement, and shall remain in effect, including any amendments thereto, until such time as a reason for termination occurs in accordance with the Terms and Conditions or as set forth in the Master Software as a Service Agreement with the User.

13. Dispute settlement:

FMCAMPS and the Users agree that in the event of any doubt or dispute regarding the validity, interpretation or execution that may arise between them in relation to the aforementioned documents, they expressly submit to the jurisdiction of the judges of the judicial district of Lima, indicating as their addresses those that appear on the registration forms, where any judicial or extrajudicial communications and notifications that may be necessary shall be sent.

14. Final considerations:

FMCAMPS does not guarantee the veracity of any User content or third party content. Although FMCAMPS provides rules for User conduct and publications, FMCAMPS does not control and is not responsible for what Users publish on the Platform and is not responsible for any offensive, inappropriate, obscene, illegal or questionable content that may be found on the Platform or in relation to 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 reserves the right to modify any content included on the Platform through the Platform at any time without notice. References to products, services, processes or other information, by trade name, trademark, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation, or any affiliation therewith, by FMCAMPS.

FMCAMPS may apply sanctions to members who violate the clauses herein prescribed, such as suspension or expulsion, and it is at the sole discretion of FMCAMPS as to which sanction to apply.

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 OUT IN THESE TERMS AND CONDITIONS AND THE PRIVACY POLICIES, AND DECLARES HIS/HER CONFORMITY 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 OF A MANDATORY AND BINDING NATURE, MUST REFRAIN FROM USING THE PLATFORM.