Terms and conditions of use
Important
Please read these terms carefully before using our website or application. By accepting them, you declare that you have read, understood, and accepted the conditions set forth herein, including limitations of liability, jurisdiction provisions, and legal obligations.
1. Identification of the owner
These Terms and Conditions govern access to and use of:
- the FLOE website;
- the FLOE application and/or digital platform; and
- the services offered through them.
The Website, the Application, and the Services are owned by FLOE SRL, a technology platform operated in accordance with the laws in force in the Argentine Republic.
Access to, browsing of, and use of the Website, the Application, and/or the Services by any individual or legal entity implies full, express, and unconditional acceptance of these Terms.
If the User does not agree with them, the User must refrain from using the Website, the Application, and the Services.
2. Acceptance of the terms
Access to, registration with, browsing of, and/or use of the Platform implies full, express, and unconditional acceptance of these Terms, as well as of the applicable laws of the Argentine Republic.
The User declares that they have read, understood, and accepted these Terms in full.
If the User does not accept these Terms, they must refrain from using the Platform and/or the Services offered through it.
3. Preliminary considerations
These Terms and Conditions of Use govern access to, browsing of, and use of the FLOE digital platform, operated by FLOE SRL, Tax ID 30-71938562-8, domiciled in the Argentine Republic.
Access to and use of the Platform implies express, full, and unreserved acceptance of these Terms, as well as of the applicable laws in force in the Argentine Republic.
The Company reserves the right to modify these Terms at any time, and it is the user's responsibility to review them periodically.
4. Description and scope of the service
The Platform is a technological tool designed to analyze brands' digital presence, with particular focus on how artificial intelligence systems interpret, select, and recommend content.
It includes, among other things:
- Technical and structural evaluation of websites.
- Analysis of content and relevant digital signals.
- Identification of improvement opportunities in artificial intelligence environments.
- Generation of reports, metrics, and informational insights.
The user acknowledges that the Company does not guarantee specific results or positioning in third-party systems.
5. Scope of the analysis and use of public information
The service is based on the analysis of information:
- provided by the user; and/or
- publicly available on the internet.
The Company may analyze HTML structure, metadata, website architecture, and other publicly accessible technical variables.
The Company states that:
- It does not access restricted areas.
- It does not breach security measures.
- It does not ignore or circumvent the terms of use of the websites being analyzed.
- The analysis is technical and limited to information accessible through standard means.
6. User registration
Only individuals over eighteen years of age with full legal capacity under applicable law may register as Users.
Use of the Platform by minors is expressly prohibited.
To access certain functionalities of the Platform, the User must complete the registration process by providing truthful, accurate, and up-to-date information.
The User shall be solely responsible for:
- maintaining the confidentiality of their access credentials;
- all activities carried out through their account; and
- the diligent and secure use of the Platform.
The Owner shall not be liable for unauthorized access, misuse of the account, or loss of information resulting from the User's negligence, action, or omission.
Likewise, the Owner shall not be liable for use of the Platform by persons who do not meet the legal capacity requirements established herein.
7. Protection of personal data
The processing of personal data is governed by the Privacy Policy available on the Platform.
For further information, the User must consult that document.
8. Infrastructure
The Company operates its own infrastructure under the security triad: confidentiality, integrity, and availability.
8.1 Confidentiality
This means that information is accessible only to duly authorized persons, systems, or entities, preventing unauthorized access, leaks, or improper disclosure.
8.2 Integrity
This consists of ensuring that data remains accurate, complete, and unaltered improperly, whether accidentally or intentionally.
8.3 Availability
This guarantees that information and associated systems are accessible and operational when required by authorized users, within reasonable service levels.
9. Automated services and artificial intelligence
The Platform uses automated systems, including tools based on artificial intelligence, algorithms, and data processing models, in order to generate analyses, reports, recommendations, and insights related to the Services offered.
It should be noted that these systems operate on the basis of statistical and probabilistic models and data patterns. Therefore, their results are not deterministic or infallible and may vary depending on multiple factors.
In this regard, the User expressly acknowledges and accepts that:
- The results, outputs, recommendations, and analyses generated by the Platform are indicative, estimated, and non-binding in nature.
- They are based on automated inferences and may contain errors, omissions, biases, outdated information, or inaccuracies.
- The Platform does not guarantee the truthfulness, accuracy, completeness, timeliness, or suitability of the results for any specific purpose.
- The outputs generated do not constitute professional, legal, technical, financial, or any other type of advice, nor do they replace human judgment or the intervention of specialized professionals.
Accordingly, any decision made by the User based on the information provided by the Platform shall be at the User's sole responsibility.
The Company shall not be liable for any damages, losses, or consequences that may arise directly or indirectly from the use, interpretation, or application of the results generated by the Platform's automated systems.
Without prejudice to the foregoing, the Company may make improvements, adjustments, updates, or modifications to the artificial intelligence systems used, without prior notice.
10. Civil liability
The liability of the Company shall be governed by the provisions of the Argentine Civil and Commercial Code and all other applicable regulations in the Argentine Republic, and shall arise only in cases where there is a legally attributable breach duly proven, as well as the existence of actual damage, adequate causation, and the corresponding basis for liability.
The User expressly acknowledges and accepts that:
- Decisions, actions, or strategies adopted on the basis of reports, analyses, metrics, recommendations, or outputs generated by the Platform are the User's sole responsibility.
- The Company does not participate in the User's decision-making or in the implementation of such decisions.
- The interpretation, use, application, or adaptation of the results generated by the Platform remains solely at the User's risk.
- The Company does not guarantee that the results are suitable for any specific purpose or that they will produce any particular economic, commercial, or strategic outcomes.
Likewise, the Company shall not be liable for:
- Errors, omissions, or inaccuracies arising from information provided by the User or by third parties.
- Technical failures, service interruptions, unavailability, or issues arising from systems, networks, servers, or third-party services.
- Improper, abusive, or non-compliant uses of these Terms by the User.
- Damages arising from automated or semi-automated decisions in which the User has intervened directly or indirectly.
In all cases, and to the maximum extent permitted by applicable law, any potential liability of the Company shall be limited to proven direct damages, expressly excluding any type of indirect, special, or consequential damage.
11. Consumer protection
In B2C relationships, the Company must adjust its conduct to the provisions of Law 24,240 on Consumer Protection, guaranteeing, among other principles:
- Accurate, clear, and detailed information.
- Fair and dignified treatment.
- No misleading or abusive practices.
Likewise, when the user interacts with automated systems, including chatbots, the user must be reasonably able to identify that the interaction is with artificial intelligence.
Furthermore, the Platform may fall within ICT services under Law 27,078, applying such regulations where relevant.
12. Intellectual property, outputs, confidentiality, auditing, and sanctions regime
All intellectual and industrial property rights over the Platform, including its source code and object code, architecture, structure, design, interfaces, user experience, functionalities, databases, compilations, algorithms, artificial intelligence models, technological developments, documentation, content, texts, images, graphics, trademarks, distinctive signs, trade names, trade secrets, know-how, and any other element forming part of it or resulting from its operation, are the exclusive property of the Company or have been validly licensed to it.
Access to and use of the Platform by the user does not in any case imply assignment, transfer, license, or authorization of use over such assets, except to the extent strictly necessary for normal use of the service in accordance with these Terms, granting only a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right of use.
The following is expressly prohibited:
- copying, reproducing, distributing, publishing, transmitting, displaying, commercializing, licensing, or exploiting in any way the Platform or any of its components, in whole or in part;
- modifying, adapting, translating, decompiling, disassembling, reverse engineering, or attempting to access the source code, internal logic, or architecture of the Platform;
- creating derivative works, products, or services based on the Platform or its operation;
- using the results, reports, analyses, metrics, recommendations, or any output generated by the Platform to develop competing, substitute, or functionally equivalent solutions, products, or services; and
- removing, suppressing, concealing, or altering copyright notices, trademarks, patents, or other intellectual property notices included in the Platform.
The outputs generated by the Platform are protected assets. The user may use them exclusively for internal, legitimate purposes, and their commercialization, sublicensing, assignment, publication, dissemination, or making them available to third parties without the Company's prior express written authorization is expressly prohibited.
Likewise, the user agrees not to use, directly or indirectly, the Platform, its outputs, data, reports, or any information derived therefrom for the training, adjustment, validation, evaluation, or improvement of artificial intelligence models, algorithms, or automated systems, nor for the development of proprietary or third-party technologies that are competing, substitutive, or functionally equivalent.
The user acknowledges that the Platform incorporates confidential information, trade secrets, and know-how of high strategic value, and undertakes to maintain strict confidentiality regarding them and not to disclose or use them outside the scope of the contracted service.
The Company reserves the right to implement reasonable monitoring, auditing, and traceability mechanisms for the use of the Platform and the outputs, including access logs, technical logs, usage patterns, digital fingerprints, and anti-fraud mechanisms.
Breach of any of the obligations set forth in this clause shall constitute a serious infringement, entitling the Company to suspend or cancel the user's access to the Platform immediately and to initiate the corresponding legal actions.
13. Irreparable harm and urgent protection of rights
The user acknowledges and accepts that any breach of the obligations assumed in the previous clause may cause the Company irreparable harm or harm that is difficult to quantify economically.
Upon verification of a breach or even the mere existence of reasonable indications of misuse of the Platform or its assets, the Company shall have the right to:
- Immediately request interim measures, including non-innovation measures, prohibition of use, access blocking, suspension of services, seizure of materials, and/or any other suitable measure to prevent or stop the harm.
- Require the immediate cessation of the infringing conduct, without prior notice or granting any cure period.
- Seek urgent judicial relief, even where damages have not yet been fully quantified.
The user accepts that the granting of interim measures shall not imply any prejudgment on the merits of the matter.
14. Indemnity
The User undertakes to hold harmless, defend, and, where applicable, fully indemnify the Company, its affiliates, directors, officers, employees, advisors, and representatives against any claim, demand, judicial or extrajudicial action, administrative sanction, damage, loss, cost, or expense that may arise directly or indirectly from:
- Improper, abusive, or non-compliant use of the Platform, its functionalities, assets, and/or outputs.
- The User's breach of applicable law.
- The processing, uploading, handling, or use of personal data or third-party information without the proper legal basis.
- Use of the Platform for unlawful, fraudulent, misleading, or harmful purposes.
- Infringement of intellectual property rights, industrial rights, trade secrets, or any other third-party rights.
- Use of outputs or results generated by the Platform in violation of these Terms or for unauthorized purposes.
If the Company becomes subject to any claim related to the situations described above, the User shall:
- Assume, at its sole cost, the corresponding defense with suitable professionals.
- Hold the Company harmless against any judgment, settlement, or expense arising from the claim.
- Immediately reimburse all costs, expenses, fees, and disbursements incurred by the Company as a result thereof.
This indemnity obligation shall survive the termination of the relationship between the parties for the maximum period permitted by applicable law.
15. Limitation of liability
To the maximum extent permitted by applicable law in the Argentine Republic, the Company's liability to the User, regardless of its cause or nature, shall be subject to the limitations set forth in this clause.
The Company shall not be liable, under any circumstances, for:
- Indirect, consequential, special, or incidental damages.
- Loss of profits, loss of opportunity, loss of revenue, loss of data, or damage to business reputation.
- Economic, commercial, or strategic outcomes expected by the User that do not materialize.
- Interruptions, delays, technical failures, unavailability of the service, or errors arising from systems, networks, internet service providers, or third parties.
- Damages arising from the use, interpretation, or application of outputs generated by the Platform.
If the Company is held liable according to law, such liability shall in all cases be limited, at most, to the total amount effectively paid by the User to the Company for the Services during the two months immediately preceding the event giving rise to the claim.
The service is provided as is and subject to availability, without warranties of any kind, whether express or implied.
16. Applicable law, jurisdiction, and urgent measures
These Terms shall be governed by and construed in accordance with the laws of the Argentine Republic.
Any dispute, conflict, or claim arising from the interpretation, validity, execution, breach, or termination of these Terms shall be submitted to the jurisdiction of the ordinary courts with jurisdiction in the Autonomous City of Buenos Aires, with express waiver of any other venue or jurisdiction that may apply.
Without prejudice to the foregoing, the Company may request interim measures, preventive judicial relief, or any other urgent measure before any competent court that may be suitable when necessary to protect its rights.
Likewise, the parties acknowledge the validity and evidentiary effectiveness of electronic records, logs, digital traces, and other evidence generated by the Platform.
17. Contact and notices
For any inquiry, complaint, exercise of rights, or communication related to the Platform, the user may contact the Company through the following means:
- Email: [email protected]
- Other channels enabled within the Platform
Communications sent by the user through such means shall be considered valid for all legal purposes.
Likewise, the user expressly accepts that the Company may send operational, legal, or commercial notices related to the service through:
- The email address provided by the user.
- Notifications within the Platform.
- Other reliable electronic means.
Notices shall be deemed validly made on the date they are sent or made available, as applicable.