Terms and Conditions

This document describes the general terms and conditions of use (the "Terms and Conditions" or "Terms") applicable to your access and/or use of the "Koyag" Platform, which can be accessed via the web. The Platform is made available by Koyag SpA, Chilean Tax Identification Number (Rol Único Tributario) N° 77.092.746-3, a corporation created under the laws of the Republic of Chile, and its legal representative is Mr. Eduardo Adrián Garrido Fredes, both with their address at Huérfanos 1160 D, office 1102, commune and city of Santiago, Metropolitan Region, Chile. Access to and use of the Platform are subject to the acceptance and compliance with these Terms. By accessing and using the Platform, the User agrees to these Terms and Conditions in their entirety, which they understand to be legally binding and mandatory, and they accept the terms of use of the Platform, Content, and Services. Otherwise, the User should refrain from accessing the Platform, either directly or indirectly, and from using any information or service provided therein.

This document contains legal information that we recommend you read in its entirety and in conjunction with the Privacy Policy.

These Terms and Conditions may be amended or updated in the future, which will be duly notified via email. A copy of these Terms and Conditions can be printed and saved if the user wishes.

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

FIRST: Definitions

Terms whose first letter is in uppercase (unless the use of uppercase is verified at the beginning of a sentence; to identify proper names, or as required by grammatical rules) shall have the meaning assigned to them below, or as expressly assigned in the Terms and Conditions and/or Privacy Policies.

Collaborator:

Any user of the Platform who, upon request of the Organizer and/or Client, is invited to the control panel to organize and produce the event.

Content:

All types of information, whether graphic or written, images, audio and video, including, but not limited to, location, advertisements, comments, news, data, graphics, images or drawings, texts, design, diagrams, maps, and others, presented by Koyag on the Platform (and/or any underlying software and computer codes) as well as computational algorithms and programs, whether such Content is generated, provided, or otherwise produced or supplied by Koyag.

Third-Party Content:

All types of information, whether graphic or written, images, audio and video, including, but not limited to, location, advertisements, comments, news, data, graphics, images or drawings, texts, design, diagrams, maps, and others, generated, provided, or otherwise produced or supplied by Participants, Collaborators, Organizers, or third parties on the Platform.

Personal Data:

Any information that can directly or indirectly identify a legal or natural person. Direct identifiers include things like the name, national identification number or passport number, and phone number. Indirect identifiers include things like resources, finances, health, and other categories.

Devices:

Refers to mobile phones, smartphones, tablets, computers, and any other electronic device that can access the Platform.

Event:

A business round, webinar, lecture series, or others organized, planned, and produced by the Organizer through the Platform.

Organizer and/or Client:

Natural persons over 18 years old and/or legal entities that have contracted the services of Koyag SpA and access the "Koyag" Platform to easily and intelligently organize, plan, produce, and manage online business events, simply by registering as an Organizer on the Platform. For these purposes, Collaborators added to the Platform's control panel by the Organizer shall be considered as representing the Organizer.

Participant and/or User:

A natural person over 18 years old who may or may not represent a company or legal entity and who, through the Platform, accesses the Event organized by the Organizer. To access the Event, the Participant must register in advance by completing the required form available on the Platform. In the case of business rounds, it will be the Organizer who selects the Users who will participate.

Receiving Party:

The party that, through any of the mechanisms or means provided in this agreement, receives information from the Disclosing Party.

Disclosing Party:

The party that, through any of the mechanisms or means provided in this agreement, provides and/or discloses information to the Receiving Party.

Profile:

Means the personal account created by each Participant to access the Organizer's business round, which may contain all or part of the information provided by the Participant at the time of registration, information that will be public for the rest of the Event's Participants.

Platform:

Refers to the system and technology developed by Koyag SpA, hosted on its website, which allows the organization and execution of Events.

Privacy Policy:

Means Koyag's privacy policies, which are duly published on the Platform.

Data Controller:

The natural or legal person, private or public, who decides on the processing of data, that is, who makes decisions about what to do with the data from its collection to its deletion.

Service:

All services offered through the Platform, which Participants can access through the Platform and their Devices.

Speakers:

A natural person over 18 years old who, invited by the Organizer, participates in the Event as a presenter through the Platform.

Terms and Conditions:

General terms and conditions of use applicable to the access and use that any natural or legal person, or representative in any form, makes of the Platform and any of the services offered by Koyag, as referred to in this document.

SECOND: Background and Operation of the Platform

Koyag SpA provides a web-based digital platform that facilitates the organization of digital activities such as webinars, seminars, lecture series, business rounds, and more. The Platform enhances interaction among Participants and allows the Organizer to plan, produce, and manage their online Events in a simple and efficient manner.

Even though the digital Platform streamlines the organization of online Events, it does not prevent the Organizer, by utilizing the functionalities of the Platform — such as registration and scheduling of meetings, participant filtering, and appointment scheduling — from organizing, planning, managing, and/or producing in-person Events. In such cases, the physical location where the business event takes place, its operating conditions, and associated risks will be entirely managed by the Organizer, with no involvement from Koyag in its determination.

The Platform enables Users to perform the following functions:

(1) Save Forms:

Participants who wish to register for a digital activity organized by the Organizer must fill out forms with the information required by the Organizer. They can save draft forms to access and continue registration at a later time without the need to start the registration process from scratch.

(2) Meeting Scheduling:

In the case of business rounds, registered Participants selected by the Organizer to participate in the event can request and schedule meetings with other Participants through their Profiles. These meetings take place before the event date, promoting networking among Participants.

(3) Calendar Sync:

Participants have the option to synchronize all their scheduled meetings in the Event with their personal calendars in Google Calendar or Microsoft Outlook.

(4) Smart Agenda:

Participants can access digital lectures and all their pre-scheduled business meetings prior to the Events through a modern digital agenda available on the Platform.

(5) Video Calls:

Event Participants can hold meetings via video calls from a web browser, both on a desktop computer and a mobile phone, without the need to download software.

(6) Webinars:

The Platform has the functionality to conduct webinars, providing specific tools to enhance the experience for both Participants and Organizers during the Events.

(7) Exhibition Record:

The Platform can temporarily store videos of presentations and webinars conducted during the Event for Participants to view during or after the Event.

(8) Language Selection:

The Platform allows users to select the language, currently available in English or Spanish versions.

In the case of a business round Event, Participants will have a profile where they can display information about their companies to pique the interest of other Participants, facilitating networking among businesses and the scheduling of business meetings. Only Participants from the respective business round can view the information published on a Participant's Profile.

THIRD: Registration on the Platform and Participant Accounts

Participants register for the Organizer's Event through a registration form that they must complete on Koyag's Platform with the Participant's Personal Data and the data of the company they represent. The Organizer decides which data is required, depending on their needs to select and grant access to the Participant for their Event.

The User can save the registration form to complete it later. However, the deadline for submitting the registration form will be set by the respective Organizer. When this deadline expires, the form will no longer be available on the Platform.

Once the registration form is submitted, the information provided by each Participant will be sent to the Organizer through the Platform. In the case of business rounds, it is the Organizer who, based on this information, will decide whether or not to allow the Participant to attend the event. Participants selected by the Organizer will receive a confirmation email with a unique link to create a username and password that will allow them to access the event. In the case of webinars or content sessions, once the registration form is filled out and submitted, the Participant will receive an email with the link to access the respective webinar.

In the case of business rounds, each Participant's Profile may contain all or part of the information provided by the Participant during the registration process. However, once the user and password to access the Event through the Platform are created, the Participant can freely modify their Profile.

The Participant is responsible for keeping their access data secure to enter the Event through the Platform. The Participant will not sell, transfer, or sublicense their Participant account or Profile to any entity or person other than the one registered. If the Participant forgets their password, they can reset it by clicking on the "Forgot my password" option.

Koyag, on its own or at the explicit request of the Organizer, reserves the right to request additional proof and/or data at any time to verify or update the Personal Data provided by the Participant at the time of registration. Furthermore, it reserves the right to temporarily and/or permanently suspend any Participant whose data does not match what is registered in their account or those who misuse the platform or engage in actions contrary to good manners. Nevertheless, Koyag is not responsible for the accuracy of the data entered in its records, as this information is provided by the Participant, and they bear sole and exclusive responsibility for it. In this regard, the Participant guarantees and is responsible, in any case, for the truth, accuracy, validity, and authenticity of their Personal Data as well as those of the company they represent.

Koyag has no influence on the invitation or selection of Participants who will take part in the Event, as these powers belong solely to the Organizer. Consequently, Koyag will not be responsible for the activities carried out by the Participant on the Platform. The Participant must immediately, in an unequivocal manner, notify Koyag of any unauthorized use of the Platform, as well as any theft, disclosure, or loss of their access data to the Platform.

FOURTH: The Service

The main purpose of the Platform is to facilitate interaction between the Organizer and the Participants, as well as among the Participants themselves. It enables the Organizer to streamline the organization of business Events and allows Participants to register, sign up, and participate in them. This promotes networking, enabling Participants to schedule meetings, synchronize the event calendar with their personal schedules, and access digital lectures. Additionally, the platform allows the Organizer to conduct webinars or content sessions that Participants can attend as viewers, with the ability to communicate with speakers via chat, among other functionalities that the Platform provides to enhance the experience of these types of events.

The Platform can also be used for in-person business rounds. In this case, the Organizer will utilize the Platform's functionalities, including the registration and meeting scheduling system, among others.

In summary, the Service offered through the Koyag Platform facilitates interaction between Organizers and Participants, enhancing their experience by centralizing all Event activities in one place.

FIFTH: Data

For the proper provision of services, Koyag must access and process certain Personal Data. Information about the nature of Personal Data and their processing can be found by accessing Koyag's Privacy Policy.

SIXTH: Access and Attendance at Events

Participants will have free access to all the functionalities of the Platform, and their attendance at Events is essentially voluntary.

SEVENTH: Responsibilities

a) Obligations of Koyag

Koyag will be responsible for maintaining the Platform and enabling Organizers and Participants to access its functionalities optimally from any device, both desktop and mobile. Since achieving 100% availability of Services provided online is technically impossible, Services may be temporarily interrupted, restricted, or limited due to inherent malfunctions or delays in the use of the Internet and electronic communications. However, Koyag will make its best efforts to maintain the availability of the Service as consistently as reasonably expected.

Notwithstanding the above, in the event of a technical failure of the Platform that prevents the business Event from taking place on the date and time established by the Organizer, Koyag, in agreement with the Organizer, may reschedule the Event date, all of which will be duly notified to the Participant through the Platform or via email.

Koyag is not the organizer of the online business Event and, therefore, is not responsible for the suitability of the speakers, lecturers, presenters, and/or guests of the Organizer, nor for the quality and/or punctuality of the Event and its activities, the attendance or non-attendance of Participants at the Event, or the actions of Participants in them or on the Platform.

Koyag, on its own or at the request of the Organizer, reserves the right to remove any publication, information, comment, photograph, or other content from the Participant that goes against morality and good customs. The publication of false or malicious content may result in the suspension or deletion of the Participant's Profile on Koyag.

Koyag will not be responsible for the misuse of the services, the use that the Participant makes of the Platform for purposes other than participating in business Events, establishing business networks with other Participants, or for physical or psychological consequences for Participants, Organizers, speakers, and others, resulting from virtual or in-person Event activities (such as accidents, damages, and other issues). Koyag does not guarantee the proper use of the Platform by Participants. It is also noted that Koyag may initiate legal actions as appropriate for Participant breaches of these Terms and Conditions, including any violations of its clauses, in accordance with the laws of the Republic of Chile.

b) Obligations and Prohibitions of Participants

Participants are prohibited from using the services in an illegal, immoral, harmful, threatening, harassing, or objectionable manner to Koyag and in any way that may violate any applicable law or regulation.

Notwithstanding the above, when using the Platform, the Participant is obliged to:

Provide complete, accurate, up-to-date, and truthful information about their identity.
Act diligently when using the Platform. Koyag will not be responsible for the damages suffered by the Participant due to their own errors in using the Platform, nor for damages resulting from their own conduct that prevents access to the Events they have registered for.
Use the services offered through the Platform only for their natural purposes, i.e., participating in webinars or business activities and promoting networking with other Participants.
Strictly adhere to ethical and respectful standards that should be observed in business relationships when attempting to communicate through their Profile with other Participants and arrange meetings.
Maintain strict confidentiality of the information of those Participants with whom they interact through their Profile. In the case of business rounds, all this information is within the meeting scheduling space and is not public; only other Users participating in the same Event can view this information.
Keep the username and access keys to the Platform secure, assuming responsibility to third parties for damages that may arise from their misuse. The Participant must also keep their username and access keys to the website updated and secure.
Have hardware and software compatible with accessing and using the Platform and have access to an Internet connection that allows for constant information updates.
Not use their account to participate in, discuss, or incite any illegal conduct or activity.
Not use automated means or any unauthorized methods to modify, redirect, access, or use the Services offered through the Platform and not engage in reverse engineering or attempt to obtain the source code of it.

EIGHTH: Relationship between the Participant and Koyag

Koyag makes the Platform available to the Organizer so that the Participants invited and selected by the latter can access the respective Event. Therefore, Koyag has no other obligations to the Participant beyond those expressly stated in Clause Seven of these Terms and Conditions.

NINTH: Reports and Complaints

The Participant must report any conduct or content that may infringe these Terms and Conditions, the Privacy Policy, or applicable law. To do so, they can report it directly to the Organizer through the communication channel designated by the Organizer for such purposes or, alternatively, report it to Koyag via email at hola@koyag.com. Upon receiving a report, Koyag, at its sole discretion, will determine whether it is necessary to delete or modify Third-Party Content that is manifestly offensive, inappropriate, obscene, contrary to morality and good customs, illegal, or objectionable.

This is without prejudice to the obligation of Participants, Organizers, or Collaborators to report crimes they have witnessed to the relevant authorities.

TENTH: License and Intellectual Property

The Platform, the Content, as well as the software used to provide the Services, databases, networks, and files that allow Participants to access and use the Platform, excluding Third-Party Content, are owned by Koyag and are protected by the intellectual and industrial property laws of the Republic of Chile. Subject to compliance with these Terms and Conditions, Koyag grants Participants a limited, non-exclusive, revocable, non-transferable license to access and use the Platform on the terms set forth in these Terms and Conditions.

In an illustrative but not exhaustive manner, and in accordance with applicable law, Participants are prohibited from taking the following actions:

Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Content.
Extracting and/or reusing all or a substantial part of the Content provided by Koyag.
Duplicating, copying, selling, reselling, or commercially exploiting Koyag's services without its prior consent.
Using any trademark, logo, or other information protected by copyright or industrial or intellectual property rights of Koyag without the corresponding prior consent.

TENTH FIRST: Treatment of Personal Data

The Personal Data and Third-Party Content that the Participant provides when registering and participating on the Platform will be integrated into a database for which Koyag is responsible and will be managed in accordance with the provisions of the Privacy Policies available on the Platform for consultation. In turn, the Organizer and the BID group, who promote the development of the CIV LAC program and the call to participate in the Event, will have access to the personal data, following the principles established in Koyag's Privacy Policy, as it is necessary for the proper evaluation of proposals submitted by Participants and for the proper execution of the Event. Acceptance of these Terms and Conditions implies the possibility of being contacted by the BID group after the termination of the Event. Koyag may store, keep, and process Personal Data and transfer it to information hosting servers located in the Republic of Chile or abroad. Koyag agrees not to share it with third parties for purposes other than the execution of these Terms and Conditions. Likewise, Koyag undertakes to keep such personal information strictly confidential.

TENTH SECOND: Limitation of Liability

Koyag merely makes the Platform technology available to the Organizer and the Participant and acts as an uninvolved third party, facilitating communication between them. Koyag, its affiliates, partners, agents, directors, related companies, employees, suppliers, or licensors will not, under any circumstances, be liable for accidents, damages, or losses, whether direct, indirect, unforeseen, lost profits, consequential damage, incidental damage, special, or consequential damage, and/or moral damage, that the Participant may suffer in connection with the provision of the Services. Koyag will not be liable for the breach of its obligations, as defined in this contract, when 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. The quality of the Event is the sole responsibility of the Client. Koyag makes no warranty or representation regarding the suitability, reliability, timeliness, or accuracy of the Event organized by the Organizer, its speakers, presenters, lecturers, or others, who must be considered as independent individuals with no relationship with Koyag and therefore not employees, partners, representatives, agents, business partners, or franchisees of Koyag.

TENTH THIRD: Term of the Terms

These Terms and Conditions will remain in effect as long as the Participant uses the Platform, unless they close their user account, are deactivated due to inactivity, or due to a serious breach of the obligations contained in these Terms and Conditions, or if Koyag becomes bankrupt or insolvent.

TENTH FOURTH: Severability and Integration

Each provision of these Terms and Conditions should be interpreted in a way that allows the full effect, effectiveness, and validity of these under Chilean law. However, 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, with the ineffective or unenforceable provision to be replaced by a provision that allows the full effect of its effects and that has, to the extent possible, a similar effect to the illegal, null, or unenforceable provision, given the contents and purpose of these Terms and Conditions.

TENTH FIFTH: Conflict Resolution

These Terms and Conditions are governed, interpreted, and applied under the laws of the Republic of Chile. Jurisdiction and competence will correspond to the Ordinary Courts of Justice of the commune and city of Santiago, Metropolitan Region, Republic of Chile.

TENTH SIXTH: Assignment

The Participant agrees that the rights and obligations arising from this agreement are for personal purposes. Therefore, they may not assign, transfer, or sublicense these Terms and Conditions to any third party. Koyag, without the prior consent of the Participant, may assign, transfer, or delegate any of its rights and obligations under these Terms and Conditions to its parent company, related companies, as well as any person or entity that succeeds it in the conduct of its business, for any reason.

TENTH SEVENTH: Amendments

Koyag is constantly working to improve its matchmaking services and the functionality of the Platform and, therefore, reserves the right to modify and change these Terms and Conditions when necessary. Such modifications or updates will be duly notified to the Participant by posting a notice on the Platform.

The Participant may accept the modifications or deactivate their user account on the Platform if they disagree with the changes, provided they do so within the minimum service termination periods. Nevertheless, by continuing to access or use our service after such modifications have come into effect, the Participant agrees to accept the new Terms and Conditions. If any changes in the Terms and Conditions become unacceptable to the Participant in the future or result in non-compliance with these Terms and Conditions, they must deactivate their account and cease using the Platform immediately.

EIGHTEENTH: Communications

Koyag will be available to receive all types of communications, inquiries, suggestions, reports, complaints, or compliments related to the use or functioning of the Platform at the email address hola@koyag.com.