Terms of Use for Sonae Arauco APIs and API Developer Portal

1. Scope of these Terms of Use and changes to the Terms of Use

These terms of use (the “Terms of Use”) govern your use of Sonae Arauco’s Application Programing Interfaces and the Application Programing Interface Developer Portal defined in these Terms of Use as “Sonae Arauco APIs and API Developer Portal”).

Please read these Terms of Use carefully. By accepting these Terms of Use, you enter into a contract with us governing your use of Sonae Arauco APIs and API Developer Portal in accordance with these Terms of Use. If you do not agree to enter into such contract according to these Terms of Use, you cannot use Sonae Arauco APIs and API Developer Portal.

From time to time, Sonae Arauco reserve the right to change or amend these Terms of Use for legal or regulatory reasons or to satisfy our reasonable commercial or operational requirements.

2. Intellectual property

You acknowledge that all information, data, text, images, logos, layout, design compilation and presentation of information, user interfaces, graphics, source or object codes of software and other materials which are contained, posted or otherwise incorporated by us in Sonae Arauco APIs and API Developer Portal and in any updates of Sonae Arauco APIs and API Developer Portal(collectively, the “Content”) may contain intellectual property such as trademarks, utility models and patents, or copyrights, which are protected by law.

You further acknowledge that Sonae Arauco (or our affiliates or third-party suppliers) are the sole owner and controller of Sonae Arauco APIs and API Developer Portal and the Content and that the intellectual property of Sonae Arauco APIs and API Developer Portal and the Content will not be transferred to you when using Sonae Arauco APIs and API Developer Portal. Without prejudice to the provisions set out above, Sonae Arauco grant you the rights to use the Content as described in Section 3 below.

Any postings, data, information and other materials you create and use in connection with Sonae Arauco APIs and API Developer Portal is not considered our Content. You remain solely responsible for creating and publishing such postings, data, information and other materials.

You acknowledge that Sonae Arauco are not responsible for any third-party content posted or sent by third-party users when using the functionality of Sonae Arauco APIs and API Developer Portal. Sonae Arauco cannot influence the lawfulness, correctness and reliability of such third-party content. Please notify us immediately if you determine that any such third-party content may be unlawful, incorrect or non-reliable.

3. Use of Sonae Arauco APIs and API Developer Portal

During the term of your use of Sonae Arauco APIs and API Developer Portal, you are only permitted to use the Content (as described above in Section 2) of Sonae Arauco APIs and API Developer Portal to the extent required for using Sonae Arauco APIs and API Developer Portal and their functions in accordance with these Terms of Use and with applicable laws and regulations.

You may not make use Sonae Arauco APIs and API Developer Portal for any abusive or evil use.

You may not change, reproduce, decompile (except as authorized by law), upload, sub-license, forward, distribute, make available, disturb the proper functioning, introduce malware or viruses or reverse engineer (except as authorized by law) the Content without our prior written approval.

Further, you may not attempt to gain unauthorized access to any portion or feature of Sonae Arauco APIs and API Developer Portal, in particular, by probing, scanning, testing the vulnerability of Sonae Arauco APIs and API Developer Portal, hacking or other illegitimate means.

4. Violations of right of use

You agree that Sonae Arauco may with immediate effect terminate the contract you enter into with us under these Terms of Use, and/or may terminate and block your access to, and use of, Sonae Arauco APIs and API Developer Portal if you have violated these Terms of Use, in particular the rights of use granted to you in Section 3, or if you have not remedied the violation upon our prior notice. You acknowledge that in this case, Sonae Arauco may further execute our rights under applicable laws and regulations, in particular our rights to claim damages, loss and expenses from you.

5. Updates and changes to the Sonae Arauco APIs and API Developer Portal

From time to time, Sonae Arauco may introduce updates or changes to Sonae Arauco APIs and API Developer Portal. You acknowledge that Sonae Arauco have no obligation, neither by contract nor by law, to introduce update or changes to Sonae Arauco APIs and API Developer Portal.

Moreover, Sonae Arauco reserve the right to change the operating mode of Sonae Arauco APIs and API Developer Portal as well as to withdraw some or all parts of Sonae Arauco APIs and API Developer Portal at any moment, without need of prior notice and without creating any responsibility for Sonae Arauco.

6. Protecting your content

You have to maintain the confidentiality of any postings, data, information and other materials you create, use and transfer in connection with Sonae Arauco APIs and API Developer Portal. In particular, where third persons have access to Sonae Arauco APIs and API Developer Portal, you have to secure access, e.g. by maintaining personalized password protection or access key. You agree to notify us immediately of any non-authorized access to, and use of, Sonae Arauco APIs and API Developer Portal, or any other breach of security. You may be liable for losses incurred by us or any other user of Sonae Arauco APIs and API Developer Portal due to someone else using Sonae Arauco APIs and API Developer Portal.

7. Warranty and liability

To the fullest extent permitted by applicable law, Sonae Arauco cannot guarantee that Sonae Arauco APIs and API Developer Portal or any of its Content, features or functions will always be error-free and uninterrupted. In particular, Sonae Arauco are not responsible for the transmission of content and signals through third-party telecommunications and internet networks.

In no event will Sonae Arauco be liable to you for any, indirect, special, incidental, exemplary, punitive or consequential damages or any loss of or damage to use, data, business, goodwill or profits arising out of or in connection with Sonae Arauco APIs and API Developer Portal

8. Data protection / privacy

In our Privacy Policy (available at www.sonaearauco.com), Sonae Arauco explain in details how Sonae Arauco collect, process and use your personal data and information when using Sonae Arauco APIs and API Developer Portal.

9. Term of these Terms of Use

Unless terminated according to the following paragraph, these Terms of Use remain in effect until you finish using Sonae Arauco APIs and API Developer Portal. Your rights under this Terms of Use will terminate automatically without notice from us if you fail to comply with any of the terms and conditions of these Terms of Use. Upon termination of this Terms of Use, you will not be entitled to continue the use of Sonae Arauco APIs and API Developer Portal.

10. Miscellaneous

(a) It is possible that SONAE ARAUCO may have to limit, interrupt or discontinue the services available through the Sonae Arauco APIs and API Developer Portal or suspend or restrict your use of all or any part of the Sonae Arauco APIs and API Developer Portal where Sonae Arauco consider it reasonably necessary for technical, operational, security, legal or regulatory reasons. The access to and usage of the Sonae Arauco APIs and API Developer Portal relies upon the data connection of your systems or devices.

(b) Should a provision of these Terms of Use be or become ineffective or impracticable, the efficacy or practicability of the remaining provisions shall not be affected. Ineffective or impracticable provisions shall be replaced by effective or practicable provisions that most closely approximate the economic purpose of the ineffective or impracticable provisions.

(c) Sonae Arauco are not liable or responsible for delay in performance of, or any failure to perform any of our obligations under these Terms of Use that is caused by events outside our reasonable control (“Force Majeure”), in particular (but not limited to) (i) acts, decrees, legislation, regulations or restrictions of any government; (ii) unavailability of public or private telecommunication networks; or (iii) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. Our performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and Sonae Arauco will have an extension of time for performance for the duration of that period. Sonae Arauco will use our reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.