Terms and conditions of service

These Terms and Conditions (the "Terms") govern the relationship between the applicable Tucango entity determined in accordance with the following paragraph (hereinafter "Tucango", "we" or "us") and any natural person or legal entity that engages its services (hereinafter the "Client" or "you").

Contracting entity. The services are provided by, and the contract is entered into with, the entity that issues the relevant quotation or invoice:

• Tucango SpA, Chilean tax ID (RUT) 76.592.882-6, with registered address at Los Laureles 075, 2nd floor, Valdivia, Chile, for Clients invoiced by Tucango SpA.
• Tucango LLC, a Florida limited liability company, with registered address at 7901 4th Street North, STE 300, St. Petersburg, FL 33702, United States of America, for Clients invoiced by Tucango LLC (for example, international clients paying in US dollars).

Any reference in these Terms to "Tucango", "we" or "us" means the applicable entity as set out above. Each entity is solely and individually responsible for the services it quotes or invoices. The other entity assumes no obligation or liability whatsoever to that Client, and there is no joint and several liability (responsabilidad solidaria) between Tucango SpA and Tucango LLC.

Please read these Terms before engaging any of our services. You accept them when you approve a quotation by email or pay the first instalment for the service, whichever occurs first.

Quotations. Each quotation states its period of validity; once that period has expired, Tucango may update prices, timeframes and conditions. Where a quotation, proposal or specific contract accepted by the parties governs a matter differently from these Terms, the quotation or specific contract shall prevail on that matter. In all other respects, these Terms apply.

Tucango may provide, as agreed in each quotation or work order, one or more of the following services:

• Web development: design and development of websites, landing pages, online shops and web applications.
• Graphic and brand design: logos, visual identity, graphic pieces and digital or printed material.
• Digital marketing: strategy, paid campaign management, content, social media, SEO, email marketing and reporting.
• Operation of advertising accounts and platforms: administration, set-up and optimisation of the Client's accounts on platforms such as Meta (Facebook, Instagram), Google (Ads, Analytics, Search Console, Business Profile) and any others agreed.
• Automations and integrations: design, implementation and operation of automated workflows and connections between the Client's systems, forms, platforms and tools.
• CRM and sales management: implementation, configuration, data migration, integration and support of customer relationship and sales management tools.
• Hosting, maintenance and support: hosting, updates, monitoring, backups, security and technical support, according to the plan contracted.
• Domains and business email: management of domain registration and of third-party email and productivity licences (for example, Google Workspace).
• Advisory and consultancy: other digital, technology or commercial advisory activities.

The scope, deliverables, timeframes, price and specific conditions of each service will be set out in the relevant quotation or work order. Anything not expressly included in it is considered out of scope and may be quoted separately.

You (the Client):

• Represent that you have authority to contract on your own behalf or on behalf of your company or organisation.
• Will provide, in a timely manner and in the formats indicated, the information, materials, access and approvals we need to perform the service.
• Will review our work, provide feedback and approve final versions in a coordinated manner and within the agreed timeframes.
• Will respect the delivery dates agreed jointly, understanding that delays in providing information or approvals may push back timeframes.
• Accept the payment schedule and methods described in these Terms and in the quotation.
• May, if you so wish, appoint a person responsible for communications with us.

We (Tucango):

• Have the experience and skills necessary to carry out what has been agreed and will do so professionally and in a timely manner.
• Will do what is necessary to meet the agreed delivery dates.
• Will keep confidential the information you provide to us, on the terms of section 13.

You may review our work and provide feedback throughout the process. We will maintain regular communication by email, through hola@tucango.com (see section 26).

Withdrawal during the project. If you decide not to continue with the project, you must notify us in writing. This right may be exercised up to the interface design stage; in that case, Tucango will retain only the 50% deposit paid at the outset, for the time and work already invested. If the decision is communicated once the production stage has begun, the full price of the project shall be payable. The stages of the process are described in the quotation sent before work begins. Given the nature of design and development services, no refunds are given for work already performed.

Website administration. Following training, you may be given administrator permissions to modify the content of the website at no cost. Any modification requested after the website has been approved and delivered will incur an additional charge, subject to a prior quotation, unless you have a maintenance and support plan in place that includes it.

Credit. Tucango may include a discreet credit in the website footer, such as "Website designed by Tucango", unless otherwise agreed in writing.

Unless otherwise agreed, Tucango is not responsible for writing or reviewing the copy to be included on the website or in other pieces. If you would like us to take care of the content, this service will be quoted separately.

Graphics you provide should ideally be in editable vector format. Photographs must be in digital format and in high resolution. If you wish to purchase professional images, we can suggest image libraries. If you would prefer us to source and obtain the photographs for you, we will quote for this separately.

Our websites are designed to be responsive for mobile and desktop devices.

• Desktop: we test our work on the current, supported versions of the main browsers: Google Chrome, Safari (Apple), Microsoft Edge and Mozilla Firefox.
• Mobile: we test on the supported versions of iOS/iPadOS (Safari and Chrome) and Android (Chrome).

We do not test on browsers or operating systems that have been discontinued or are no longer supported by their manufacturer, nor on specific device models, unless specifically agreed. If you require broader test coverage, we can provide a quotation.

Client accounts. Wherever possible, advertising accounts, analytics accounts, business profiles, pages and social media accounts will be created or maintained in the Client's name, and Tucango will operate them with delegated access (administrator, editor or similar role). The Client retains ownership of those accounts.

Advertising spend. Unless otherwise agreed, media spend (the budget paid to platforms such as Meta or Google) is separate from Tucango's fees and is paid by the Client directly to the platform, or invoiced separately. Tucango is under no obligation to advance funds for advertising spend.

Results. We work according to good practice and on the basis of data, but campaign results depend on external factors (platform algorithms and policies, competition, the market, the product, price, etc.). Accordingly, we do not guarantee specific results in terms of sales, rankings, reach or return, unless targets and conditions are expressly agreed in writing.

Platform policies. Third-party platforms have their own rules and may reject adverts, or restrict or suspend accounts. Tucango is not responsible for such decisions, although it will cooperate reasonably to resolve them. The Client is responsible for ensuring that its products, services and offers comply with the law and with the policies of each platform.

Automations, integrations and CRM configurations are implemented in accordance with the scope of the quotation. Their operation may depend on third-party services, APIs and licences that may change, be restricted or cease to be available without notice. Tucango is not responsible for interruptions caused by changes made by third parties but, if the Client has a support plan in force, it will cooperate to restore or adapt operation as contracted.

Licences or subscriptions for third-party tools that the Client needs (for example, its CRM or email platforms) are borne by the Client, unless otherwise agreed.

Depending on the plan contracted, the service may include:

• Software updates: periodic updating of the website's components to maintain its stability and operation. Where there are paid components, the Client must hold a valid licence from the supplier.
• Monitoring and security: security checks to detect and address problems promptly.
• Reports: periodic reports on the activity and status of the website, with the content defined in the quotation.
• Performance and optimisation: speed and performance improvements, with better results on websites hosted on infrastructure managed by Tucango.
• Backups: periodic backups at a frequency agreed according to the level of activity on the website. Additional backups may be requested ahead of major changes. Restoration is carried out once its feasibility has been reviewed.
• Technical SEO and monitoring: keyword tracking and integration with the main search engines.
• Minor modifications: changes to images or copy provided by you in good time. Major changes will be assessed and quoted separately.

Backups are stored in locations separate from the website's main server.

We may temporarily suspend websites affected by malicious code in order to protect the Client, third parties and our infrastructure. If there is no maintenance and support plan in force, recovery will incur an additional charge.

If the website grows in content or traffic and the allocated resources are insufficient, we will propose optimisation alternatives or additional resources, which may involve an adjustment to the plan.

When Tucango registers a domain on the Client's behalf, it acts on the Client's behalf in its dealings with the provider or registrar. The domain is owned by the Client. Tucango may be listed as technical and/or administrative contact. If you prefer, you may register your domains directly and then link them to our services.

Timely renewal of domains depends on the corresponding payment being made. Tucango is not responsible for the loss of a domain due to non-payment or to the Client's failure to respond to renewal notices.

If you purchase Google Workspace licences (formerly known as Google Apps / G Suite) or other third-party services (email, storage, productivity tools, etc.) through Tucango, these are governed by the terms and policies of the respective provider, which you accept by using them.

Technical support for those services is provided directly by the provider, in accordance with its own rules. We will give you guidance on how to request assistance. Prices of third-party licences may vary according to the provider's conditions.

Confidentiality. Each party shall keep confidential any non-public information it receives from the other in connection with the service (commercial and technical information, customer information, credentials, strategies, etc.), and shall use it solely to perform the service. This obligation survives the end of the relationship. Information that is public, that was already lawfully known to the receiving party, or that must be disclosed by legal or court order is not considered confidential.

Roles in data processing. Where, in order to provide the service, Tucango accesses or processes personal data from the Client's databases (for example, contacts in its CRM, campaign leads, email lists, customers of its online shop or users of its website):

• The Client is the controller of that data (responsable under Chilean law). It decides for what purposes and how the data is used, and must have a valid lawful basis (for example, the consent of data subjects where applicable) and its own privacy policy.
• Tucango acts as processor (encargado under Chilean law), on behalf of and in accordance with the instructions of the Client.

As processor, Tucango undertakes to:

• Process the data solely to provide the contracted service and in accordance with the Client's documented instructions.
• Keep the data confidential and require its team to do the same.
• Apply reasonable security measures appropriate to the type of data processed.
• Use sub-processors (for example, hosting providers or software tools) only where necessary for the service, requiring them to meet adequate standards of protection.
• Notify the Client, without undue delay, if it becomes aware of a security incident affecting its data.
• Cooperate reasonably with the Client in responding to data subjects' requests that apply to it.
• On termination of the service, return or delete the Client's data, as the Client directs, unless there is a legal obligation to retain it.

If the Client so requires, the parties may sign a more detailed data processing agreement (annex).

Where Tucango processes data relating to its own clients, contacts or website visitors, it acts as controller, as described in its Privacy Policy, available at https://tucango.com/en/privacy.

You may review our work and provide feedback. Communication will be by email, through hola@tucango.com (see section 26); if another supporting channel is used, decisions and approvals must be confirmed by that email address.

The service includes modifications as set out in the quotation. Change requests must include all the details we ask for, in order to speed up the process. Once a draft has been delivered, you will have 5 business days to request modifications; if you do not do so, the work will be deemed approved and completed, in accordance with section 15.

Approval of deliverables. When we deliver a draft or deliverable, the Client will have 5 business days to approve it or send specific comments to hola@tucango.com. If the Client does not respond within that period, or if it publishes or uses the deliverable, it will be deemed approved. Later comments will be treated as changes of scope. This does not affect Tucango's obligation to correct errors attributable to its work.

Notice of defects. Any defects or errors the Client detects in a deliverable or service must be reported to hola@tucango.com within 30 calendar days of delivery or of becoming aware of them, so that Tucango can correct them as a priority. This period does not limit the rights or remedies available to the Client by law.

Changes of scope. The price in each quotation is based on the time and resources needed to achieve what you asked of us. If during the project you wish to add something new, we will be happy to be flexible: we will send you an additional quotation for the extra work. That is why it is important to define everything needed before the production stage begins.

16.1 Client materials

You warrant that all materials, content, copy, trademarks, logos, images, videos, data, databases and instructions that you provide to us or ask us to use are lawful, have been approved by you, and are either owned by you or covered by all the authorisations, licences and consents necessary for Tucango to use them in providing the service. Tucango works on the assumption that everything the Client provides meets these conditions.

Defence and indemnity. You shall defend Tucango and hold it harmless against any claim, demand, legal or administrative action, fine or penalty brought by third parties or authorities arising from the materials, content, trademarks, images, data, products, offers or instructions you have provided to us, and shall reimburse Tucango for all costs, fines, damages, expenses and legal fees it incurs as a result.

Tucango is under no obligation to verify the ownership or proper use of the copy, images, trademarks or signs you provide, and is not responsible for any infringement of intellectual or industrial property, unfair competition, misleading advertising or other infringements arising from them.

Penalty clause (contracts with Tucango SpA only). This penalty clause applies only to contracts entered into with Tucango SpA. If a third party or an authority brings a claim or a legal or administrative action against Tucango for infringement of intellectual or industrial property, unfair competition, misleading advertising or other infringements arising from the materials, copy, trademarks or instructions provided by the Client, the Client shall pay Tucango, by way of penalty clause (cláusula penal), a sum equivalent to 550 UTM (unidades tributarias mensuales, the Chilean monthly tax unit), at its value on the date of payment. This is without prejudice to Tucango's right to also recover any losses not covered by that sum. No penalty clause applies to contracts with Tucango LLC; in those cases, Tucango LLC may recover such damages as are available under the applicable law.

16.2 Tucango and third-party materials

Tucango warrants that the elements it creates and delivers are its own or that it holds sufficient permissions to deliver them. Third-party materials we use under authorisation (for example, typefaces, templates, components, images or licensed software) may be subject to their own licence terms.

16.3 Client deliverables

Once the relevant service has been paid in full, the Client owns the deliverables agreed in the quotation or work order, such as:

• The final design of the website and its content.
• Logos, visual identity and final graphic pieces, in the agreed formats.
• Advertising pieces, copy and content created specifically for the Client.
• Configurations made within the Client's accounts and platforms.
• Reports and documentation delivered to the Client.

You may request a downloadable copy of the final files of the deliverables for as long as you maintain an active relationship with us. It is your responsibility to keep them in a safe place, as we are under no obligation to keep copies indefinitely.

16.4 Tucango's know-how and internal tools

Tucango retains ownership of its knowledge, methodologies and internal tools, including, among others:

• Internal automations, workflows and scenarios.
• Scripts, code, functions and connectors developed or used internally.
• Templates, reusable components, libraries and proprietary frameworks.
• Processes, reference configurations, internal documentation and methodologies.

These elements may have been developed before the project, in parallel with it, or improved during its execution, and are used to provide services to different clients. They operate as a "black box": the Client receives the agreed result or functionality but does not acquire ownership of, or the right to receive, the code, workflows or internal logic, unless this is expressly agreed in writing as a deliverable and paid for as such.

While the service is in force and paid for, the Client has a non-exclusive licence to use the output of those tools, limited to its own project.

16.5 What is handed over on termination or migration of the service

If the Client terminates the service or decides to migrate to another provider, and has no outstanding debts, Tucango will hand over:

• Handed over:
  • The Client's data (for example, contacts, leads, CRM records, content, files and databases) in a standard and reasonable export format, where technically available.
  • Access to and administration of the accounts that belong to the Client (domains, advertising accounts, analytics, social media, CRM, email, hosting contracted in its name, etc.), with Tucango's permissions removed or transferred.
  • The agreed deliverables in paid quotations or work orders.
  • Where applicable, the files of the website developed for the Client and its database, so that it can be hosted with another provider.
  • A general functional description of what the automations or integrations did (what they did, not how they were built internally), if the Client requests it.
• Not handed over:
  • The code, scripts, workflows, scenarios, templates, logic or internal configuration of Tucango's automations, integrations and proprietary tools.
  • Accounts, licences or subscriptions held in Tucango's name and used to serve several clients.
  • Tucango's internal documentation, methodologies or know-how.

If the Client needs any of these tools to be rebuilt, documented in technical detail or licensed, this may be quoted separately. Migration support services (beyond the handover described above) will also be quoted separately.

16.6 Representative in the event of death or incapacity

For added security, the Client may provide Tucango with a notarised document appointing a representative in the event of death or certified medical incapacity. In that case, Tucango will hand over the access details or data specified in the document only to that person, unless a court order directs otherwise.

The Client must retain ownership and the primary administrator role of its accounts (domain, hosting, advertising, analytics, social media, CRM, email) and grant Tucango delegated access only. It must safeguard its credentials and enable two-step verification. Tucango will use the access solely to provide the service and will relinquish it when the service ends, and is not liable for losses or interruptions caused by access that the Client revokes, shares or fails to renew.

We carry out our work according to good practice and with people experienced in each area. Even so, to the extent permitted by law, Tucango shall not be liable for indirect loss, loss of profit, loss of business opportunities or loss of data caused by third parties.

Liability cap. Save in cases of wilful misconduct (dolo) or gross negligence (culpa grave), Tucango's total liability for any claim relating to a service is limited to the amount actually paid by the Client for that service during the two months preceding the event giving rise to the claim or, for one-off projects, to the price paid for that project. This limitation does not affect the non-waivable rights of a Client who is a consumer or a micro or small enterprise protected by law.

In particular, Tucango is not liable for:

• Power, Internet or utility outages caused by factors outside Tucango's control.
• Earthquakes, natural disasters or other unforeseeable events or force majeure. We nonetheless keep backups in separate locations to reduce the risk of data loss.
• Intermittent failures, changes, outages or incidents affecting external providers (platforms, third-party hosting, APIs, registrars, etc.).
• Misuse of the access credentials provided to the Client, or unauthorised interventions resulting from such misuse. We recommend using strong passwords, changing them periodically and enabling two-step verification. If no security plan is in force, it is the Client's responsibility to protect and back up its information.
• Delays by the Client or other providers in DNS changes or in transfers from a previous provider.
• Loss of emails where DNS management is the responsibility of the Client or a third party. If you handle sensitive (for example, health) or confidential data, we recommend asking us for advice on good protection practices.
• Suspensions, rejections or restrictions applied by advertising platforms or social networks.
• Theft or other criminal acts by third parties.
• Content that the Client publishes or manages through its services.

Where Tucango provides guidance on personal data protection (for example, Ley N° 19.628, Chile's Personal Data Protection Act, as amended by Ley N° 21.719), consumer protection, advertising, e-commerce or other regulatory matters, it does so from a technical, operational and informational perspective, based on its experience in digital implementation. Such guidance does not constitute legal advice and is no substitute for review by a lawyer. The Client, as controller of its data and of its business, must validate every compliance decision with its own legal adviser and is solely responsible for adopting it. Any template documents we provide (policies, terms, notices, consent wording, cookie banners or others) are templates or proposals that the Client must adapt and validate before using or publishing them. Tucango does not guarantee the Client's regulatory compliance and is not liable for fines, penalties, claims or requests from authorities or third parties arising from the Client's decisions or from the use of those documents. In any event, Tucango's liability for these services is limited to the amount paid for the service or document concerned, save in cases of wilful misconduct (dolo) or gross negligence (culpa grave).

Neither party shall be liable for any failure or delay in performing its obligations caused by unforeseeable events or force majeure (caso fortuito o fuerza mayor; for example, natural disasters, widespread power or Internet outages, or acts of government authorities). For as long as it lasts, the affected timeframes will be suspended. If it continues for more than 30 calendar days, either party may terminate the affected service, with payment due for the work performed up to that date. Force majeure does not release the Client from paying for services already provided.

We love showing our work. Tucango may therefore display the work carried out, including work in progress, in its portfolio in digital and print media, without disclosing confidential information or personal data from the Client's databases.

This does not apply if the parties agree otherwise in writing.

For lack of communication. We may postpone or terminate an ongoing project if there is no communication, or we do not receive the requested material, for 15 business days. In that case, the project will be put on hold and, if it is to be resumed, it will be subject to a new commercial assessment, which may involve additional costs and new timeframes.

For unlawful content. We may terminate the service at any time if, in our reasoned judgement, the information or content hosted or managed infringes Chilean law or any other applicable law, affects the rights of third parties or is contrary to morality or public decency.

For other reasons. Termination for any other reason will be notified by email with at least 30 calendar days' notice. It is the Client's responsibility to inform us of any change to its email address.

Recurring services. If the Client wishes to terminate a recurring service (hosting, maintenance, marketing, account operation, automations, support, design or others), it must give notice by email to hola@tucango.com at least 30 calendar days before the next renewal. If the invoice for the period has already been issued, we may charge it.

On termination of the service, section 16.5 on the handover of data, access and deliverables, and section 13 on the return or deletion of data, shall apply.

To maintain a positive relationship, it is important that invoices are paid on time. You agree to the following:

General conditions (both entities):

• Costs associated with international transfers or payment gateways (for example, PayPal or international bank transfers) are borne by the Client.
• Unless otherwise agreed, projects require a 50% deposit at the outset, with the balance payable as set out in the quotation.
• Invoices are issued as set out in the quotation or plan contracted (for example, the deposit invoice at the start of the project, the balance invoice according to the agreed milestones and, for recurring services, the invoice for each period). The start of work may be conditional on payment of the deposit.
• Suspension: if payment is more than 15 calendar days overdue, Tucango may suspend the services in whole or in part, after giving at least 5 business days' notice by email, until payment is brought up to date. Suspension does not release the Client from paying for the current period or for third-party costs already committed (licences, domains, advertising spend).
• In the event of unpaid debts, the Client authorises Tucango to take court and out-of-court debt collection action. Collection costs shall be borne by the Client, in accordance with the applicable law.

Services invoiced by Tucango SpA:

• Invoices (facturas) are issued electronically through Chile's Internal Revenue Service (Servicio de Impuestos Internos, SII), in accordance with Chilean tax regulations in force.
• Payments in foreign currency will be converted into Chilean pesos at the exchange rate on the date of the transfer.
• Payment terms: unless the quotation sets a shorter period, invoices must be paid within 30 calendar days of their issue date, in accordance with Ley N° 21.131 (Chile's prompt payment act).
• Late payment: if an invoice or payment is not paid when due, the outstanding balance will accrue interest at the standard rate for non-inflation-adjusted transactions (interés corriente para operaciones no reajustables) from the day after the due date until payment and, in the case of invoices, the 1% recovery fee established by law.
• Collection action may include reporting to commercial credit registers (boletines comerciales) where permitted by law.

Services invoiced by Tucango LLC:

• Payment terms: invoices must be paid within the period stated on the invoice or, if none is stated, within 30 calendar days of their issue date.
• Late payment: if an invoice is not paid when due, the outstanding balance may accrue interest from the day after the due date until payment at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

During the relationship and for the 12 months following its termination, the Client shall not, directly or indirectly, hire members of Tucango's team who have worked on its projects without prior written agreement. If it does so, it shall pay Tucango, as compensation for recruitment and training costs, 25% of the gross annual remuneration offered to that person. This clause does not apply to Clients contracting as consumers.

• Both parties undertake to comply with the laws and regulations applicable to their activities.
• If any clause of these Terms is held to be invalid, the remaining clauses shall continue in force.
• Although we use plain language, these Terms are fully legally binding.
• Tucango may amend these Terms at any time. Changes take effect from their publication at https://tucango.com, and the "Last updated" date will indicate the version in force. If a change is material and affects Clients with active services, Tucango will notify them by email at their registered email address. If the Client does not agree, it may terminate its recurring services without penalty by giving notice to hola@tucango.com; if it continues to use the services, it will be deemed to have accepted the amended Terms. Changes do not alter the price or scope of quotations already accepted, unless the parties agree otherwise.
• The Client may not assign the contract or its rights or obligations without Tucango's written agreement. Tucango may assign it to a related company or to any successor to its business, giving notice to the Client.
• Governing law and jurisdiction:
  • Contracts with Tucango SpA are governed by Chilean law. For all purposes, the parties establish their domicile in the city of Valdivia and submit to the jurisdiction of its courts.
  • Contracts with Tucango LLC are governed by the laws of the State of Florida, United States of America, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida, without prejudice to any mandatory consumer protection rules of the Client's country that apply to it.

Tucango's official contact channel is hola@tucango.com. All instructions, approvals, comments or documents must be sent to that email address.

Contractual communications and notices. Communications and notices relating to these Terms and to the contracted services (for example, approvals, change requests, termination notices, complaints or payment reminders) shall be valid when the Client sends them to hola@tucango.com and when Tucango sends them from hola@tucango.com to the email address registered by the Client. The registered email address is the one the Client provided in the contact form or in the accepted quotation or, failing that, the one from which it first wrote to us. It is the Client's responsibility to keep it up to date and to inform us of any change. The foregoing does not affect the validity of tax documents or of payment notices sent automatically from our invoicing and collection systems.

Tucango SpA
RUT 76.592.882-6
Los Laureles 075, 2nd floor, Valdivia, Chile (this address is not open to the public)
hola@tucango.com
Opening hours: Monday to Friday, 9:00 to 18:00 (Chile time)

Tucango LLC
7901 4th Street North, STE 300, St. Petersburg, FL 33702, United States of America
hola@tucango.com

If you have any questions or suggestions, please do not hesitate to write to us.

Kind regards,
The Tucango Team