Effective August 1, 2026
1. Provider, scope and precedence
These Terms govern the websites, applications, cloud-based digital products, support and digital services offered by Empresas de Servicios Integrales de Informática Mauricio Díaz Acevedo EIRL, trading as Emasmas EIRL, Chilean Tax ID 76.033.045-0 ("Emasmas"), located at Berta Fernández 1982, Santiago, Chile.
Each product may have its own order, proposal, plan description, acceptable-use rules, special terms, DPA or SLA. In a conflict, mandatory law prevails, followed by: a signed agreement or order; product-specific terms; the DPA for data processing; the SLA for service levels; and these Terms. Spanish is the official version unless applicable law requires otherwise.
2. Eligibility, accounts and use
You must have legal capacity and authority to bind any organization you represent. You must provide accurate information, protect credentials, assign appropriate permissions and notify us promptly of unauthorized access. You are responsible for authorized users and content entered through your account.
During the subscription, Emasmas grants a limited, non-exclusive, non-transferable, revocable right to use the contracted service internally under the applicable plan. You may not bypass limits, compromise security, introduce malicious code, access another account, overload or unlawfully use the service, resell without permission, or copy, reverse engineer or exploit it except where non-waivable law permits.
3. Customer data and intellectual property
You retain rights in your content and authorize Emasmas only to host, process, transmit and back it up to provide, secure and improve the service. You confirm that you have the required legal bases, notices and authorizations. When Emasmas processes personal data on your instructions, the DPA applies.
Emasmas and its licensors retain all rights in the software, design, documentation, trademarks and improvements. Voluntary feedback may be used without identifying you or disclosing confidential information.
4. Plans, payments and taxes
Price, currency, billing cycle, limits and renewal are shown before purchase. Subscriptions renew automatically only when disclosed and continue until canceled. Charges may be collected by Emasmas or an authorized payment provider, reseller or merchant of record, depending on product, country and payment method. Transaction terms cannot reduce mandatory rights or Emasmas's obligations.
You authorize disclosed charges and are responsible for legally applicable taxes except those we must collect. Late payment may lead to suspension after reasonable notice, subject to applicable law.
5. Cancellation and refunds
You may cancel future renewal. Unless special terms or mandatory law provide otherwise, access continues through the paid period and unused time is not prorated. Eligibility and process are in the Refund Policy.
Nothing limits mandatory rights under Chilean Law 19,496, national laws implementing EU Directive 2011/83/EU, or applicable U.S. federal or state consumer laws.
6. Privacy, security and third parties
The Privacy Policy covers processing where Emasmas is controller; the DPA covers processing for customers. We use risk-appropriate safeguards, but no system is absolutely secure. You must configure access, devices and backups appropriately.
External services you choose are governed by their own terms. Emasmas remains responsible for its legal and contractual duties regarding providers it engages to deliver the service.
7. Availability, confidentiality and changes
We may maintain or change features for security, compliance or improvement and will give reasonable advance notice of material reductions where feasible. Binding uptime or credits exist only in an applicable order or SLA.
Each party will protect the other's confidential information with reasonable care and use it only for the relationship. Exceptions apply to information lawfully public, already known, independently developed or lawfully received. Legally compelled disclosure will be limited and notified where lawful.
8. Suspension and termination
We may suspend access as necessary to contain security risk, unlawful use, third-party harm or material breach. Where reasonable, we will notify and allow cure. Either party may terminate for a material breach not cured within 30 days, or immediately if it cannot be cured.
After termination, export is available for the period stated by the product or order; data is then deleted under the DPA, Privacy Policy, backup cycle and legal duties.
9. Warranties and liability
We provide services with reasonable care. Except for express and non-waivable warranties, services are provided as available. To the fullest extent permitted, neither party is liable for indirect, special or consequential loss. Emasmas's aggregate liability will not exceed amounts paid for the affected service in the preceding 12 months.
Limits do not apply to fraud, willful misconduct, gross negligence, intellectual-property infringement, confidentiality or data-protection duties, personal injury, or liability that cannot lawfully be limited.
10. Governing law and updates
Chilean law and courts govern, without depriving consumers of mandatory protections or forums in their residence. EU or U.S. law applies only when its material and territorial scope is met. Material updates will receive reasonable advance notice and will not apply retroactively unless required by law.
Contact: contacto@emasmas.cl.