Contracting terms and plans
1. Purpose
These Contracting Terms and Plans govern the economic, commercial, and subscription-related aspects of the Services offered by FLOE SRL, Tax ID 30-71938562-8, through its Platform.
These Contracting Terms form an integral part of the Terms and Conditions and must be read together with them.
2. Plans and contracting modalities
The Platform may offer different contracting modalities, including:
- One-Shot Analysis: one-time analysis service, paid once, with no automatic renewal, for a price of USD 500 plus any applicable taxes.
- FLOE Monthly: monthly subscription with continuous access to Platform functionalities, for a price of USD 200 plus any applicable taxes, per month.
- FLOE Yearly: annual subscription billed in advance, for a price of USD 99 plus any applicable taxes per month, billed annually for a total of USD 1188, and may include economic benefits compared to the monthly plan.
Each plan may include different access levels, functionalities, usage limits, number of analyses, chatbots, integrations, or technical capabilities, as indicated on the Platform.
It should be noted that the functionalities, scope, and conditions of each plan may be modified by the Company at any time, with future effect, in accordance with these Terms.
2.1 Currency, exchange rate, and payment method
Prices for the Services are expressed in United States dollars, which constitutes the contractual economic reference currency.
If payment is made in legal tender of the Argentine Republic, the amount payable shall be converted into United States dollars according to the exchange rate applicable at the time of payment.
For these purposes, the Company may use, at its sole reasonable discretion and in good faith, any of the following references:
- Seller exchange rate in the financial market, including MEP dollar or equivalent.
- Exchange rate applicable to foreign currency card purchases.
- Available bank or market exchange rate.
The Company may define and update the applicable conversion criteria, which shall be informed to the User prior to or simultaneously with payment.
In the case of payments made via foreign-currency bank transfers, the User must pay the full amount in United States dollars, assuming all associated costs, including commissions, taxes, withholdings, and banking charges.
All taxes, fees, or fiscal charges applicable according to the User's jurisdiction shall be borne exclusively by the User.
2.2 Currency clause and waiver of forced peso conversion
The parties expressly agree that all payment obligations assumed by the User under these Terms constitute obligations to pay sums of money in foreign currency, in accordance with section 765 of the Argentine Civil and Commercial Code.
The determination of prices in United States dollars is not merely referential, but rather constitutes an essential element of the economic balance of the contract.
Accordingly, the User undertakes to fully comply with their payment obligation in the agreed currency or, where applicable, in its equivalent in legal tender according to the conversion mechanism established in these Terms.
The User expressly, irrevocably, and unconditionally waives the right to:
- Invoke the application of forced-conversion rules, economic emergency regulations, economic public policy, or any other legal regime that alters the agreed currency or distorts the economic value of the assumed obligation.
- Attempt to discharge their obligations by paying nominal peso amounts that do not reasonably reflect the equivalent value in United States dollars at the time of actual payment.
3. Nature of the subscription
Services offered by the Platform under a subscription model shall be periodic in nature and may be monthly, annual, or any other modality determined by the Company in each case.
Such subscriptions:
- Are structured on equivalent successive periods.
- May renew automatically in accordance with these Terms.
- Shall remain active as long as the User keeps payment current and does not cancel them.
The Company undertakes to inform the User clearly, in advance, and sufficiently about the subscription period, the applicable price, and the automatic renewal conditions.
4. Automatic renewal
Unless the User expressly states otherwise, subscriptions shall renew automatically at the end of each contracted period for successive periods of equal duration.
The User may cancel automatic renewal at any time, provided that such cancellation is made prior to the start of the next billing period.
Continued use of the Platform, as well as failure to cancel in a timely manner, shall imply acceptance of the automatic renewal and of the economic and commercial conditions in force at the time of such renewal.
5. Payment methods
Payments corresponding to Services offered through the Platform are not processed directly by the Company.
Payments must be made exclusively through:
- Third-party payment platforms, including Mercado Pago or other similar providers.
- Direct bank transfers to accounts informed by the Company, including CBU or other enabled means.
Accordingly:
- The Company does not store, process, or have access to full credit card data or other electronic payment instrument data.
- The Company is not a payment processor, financial entity, or financial intermediary.
- Payment processing is subject to the terms and conditions of the relevant payment provider.
- The Company shall not be liable for errors, rejections, delays, interruptions, or failures in payment processing attributable to third parties.
The User shall be solely responsible for providing valid, sufficient, and updated payment information and for complying with the conditions and requirements of the payment provider used.
6. Modification of prices and plans
The Company reserves the right to modify, at any time and with future effect, the prices, plans, functionalities, usage limits, and commercial or technical conditions of the Services offered through the Platform.
If such modifications have a negative impact on the User, the Company undertakes to notify the User within a reasonable advance period.
In such a case, the User may choose to cancel their subscription before the new conditions become effective.
Continued use of the Platform after implementation of the changes shall imply full acceptance of the new conditions.
7. Cancellation
The User may cancel their subscription at any time, without the need to state any cause.
Cancellation shall have effect prospectively and shall imply:
- Interruption of future automatic renewals.
- Maintenance of access to the Platform until the end of the already-paid period.
Cancellation shall not have retroactive effects and shall not give rise to refunds, except where otherwise required by law.
8. Refund policy
Except where mandatory law provides otherwise, no total or partial refunds shall be made for:
- Subscription periods that have already begun.
- Services effectively rendered.
- Cases of non-use of the service by the User.
If the Platform offers trial periods, promotions, or other special conditions, these shall be informed beforehand and expressly.
Once the trial period ends or once payment has been made, the User acknowledges that the service shall be deemed accepted, and any amount paid shall be final.
9. Suspension for non-payment
The Company may, at its sole discretion, suspend, limit, or cancel access to the Platform in the event of:
- Non-payment.
- Rejection of the payment method.
- Breach of the applicable economic conditions.
Such suspension may be carried out immediately and without prior notice, without prejudice to any actions that may correspond.
Reactivation of the service may be subject to regularization of the payment situation, as well as compliance with any additional conditions determined by the Company.
10. Billing and tax obligations
The User acknowledges that they are solely responsible for compliance with their tax, accounting, fiscal, and regulatory obligations under applicable law.
The Platform constitutes a technological analysis tool and does not, in any case, imply:
- The provision of tax, accounting, or legal advisory services.
- Validation of specific regulatory compliance.
- Any guarantee regarding the adequacy of the results to regulatory requirements.
Accordingly, the User shall be solely responsible for:
- Issuing the corresponding tax documents.
- Declaring and paying applicable taxes.
- Complying with the requirements of tax and regulatory authorities.
The Company shall not be liable for sanctions, fines, contingencies, or damages arising from the User's failure to comply with such obligations.
11. Business use and relationship with consumers
The FLOE Platform is primarily intended for use in professional, commercial, and/or business settings, and its functionalities, structure, and services are designed for users acting within the framework of an economic, organizational, or productive activity.
However, if the User qualifies as a final consumer under applicable law, the provisions of these Terms shall be interpreted and applied in accordance with such law, and the provisions most favorable to the consumer shall prevail.
In particular:
- Nothing shall be interpreted as a waiver by the Company of rights recognized by applicable law.
- Limitations of liability, warranty exclusions, and refund policies shall apply to the maximum extent permitted by law.
- Any provision that may be considered abusive, invalid, or unenforceable with respect to a consumer shall be adjusted or interpreted in accordance with law, without affecting the validity of the remainder of the contract.
Likewise, the User acknowledges that the Platform is not an essential or basic consumption service, but rather a specialized technological tool.