Terms of Use

1. Agreement to Terms

Welcome to Integral Social Media (operating as Visitec S.A.). By accessing or using our website ism.ec (the "Website") and our software development services (the "Services"), you agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, please do not use our Website or Services.

Company Information:

Legal Name	Visitec S.A.
Trading As	Integral Social Media (ISM)
RUC	1792390559001
Expediente	149237 (Superintendencia de Compañías)
Registered in	Ecuador
Email	info@ism.ec
Phone	+593 984 81 44 97

2. Use of Website

2.1 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal and business purposes in accordance with these Terms.

2.2 Prohibited Uses

You agree NOT to:

• Use the Website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Website's operation or security
• Use automated systems (bots, scrapers) to access the Website without permission
• Copy, modify, distribute, or reverse engineer any part of the Website
• Transmit viruses, malware, or harmful code
• Impersonate any person or entity
• Collect or harvest personal information from other users
• Use the Website for spam, phishing, or fraudulent activities

3. Intellectual Property Rights

3.1 Our Content

All content on the Website, including text, graphics, logos, images, code, and design elements, is the property of Visitec S.A. or its licensors and is protected by Ecuadorian and international copyright, trademark, and intellectual property laws.

3.2 Trademarks

"Integral Social Media," "ISM," our logos, and other marks are trademarks of Visitec S.A. You may not use these trademarks without our prior written consent.

3.3 User Content

When you submit information through our contact forms or communications (e.g., project inquiries, messages), you grant us a non-exclusive, royalty-free license to use, reproduce, and process that information to provide our Services and improve our business operations.

4. Services and Consultations

4.1 Service Descriptions

We provide custom software development services, including mobile app development, cloud solutions, AI/ML development, and rapid application development. Service descriptions on the Website are for informational purposes and may be updated without notice.

4.2 Service Agreements

Actual provision of Services requires a separate written agreement (contract or statement of work) that will define specific deliverables, timelines, technical specifications, and project scope. That formal agreement supersedes these general Terms with respect to the specific Services provided.

4.3 Professional Standards

We deliver high-quality software solutions according to industry best practices and the specifications agreed upon in our service contracts. However, business outcomes (such as revenue, market success, or user adoption) depend on many factors outside our control, including market conditions, business strategy, and operational execution.

5. User Accounts and Security

Currently, our Website does not require user registration. If we implement user accounts in the future, you will be responsible for maintaining the confidentiality of your login credentials and all activities under your account.

6. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which explain how we collect, use, and protect your personal information. By using the Website, you consent to our data practices as described in those policies.

7. Third-Party Links and Services

Our Website may contain links to third-party websites or services (e.g., social media platforms, AWS, SendGrid). We are not responsible for the content, privacy practices, or terms of use of third-party sites. Your use of third-party services is at your own risk.

8. Disclaimers and Warranties

8.1 "As Is" Basis

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Information on the Website may contain technical inaccuracies or typographical errors.

8.3 Professional Services

While we are experienced software developers, the information on this Website does not constitute professional advice specific to your situation. Always consult with appropriate professionals before making business decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ECUADORIAN LAW:

• VISITEC S.A. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES
• OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM (OR $100 USD IF NO PAYMENT WAS MADE)
• WE ARE NOT LIABLE FOR ANY DAMAGES CAUSED BY THIRD-PARTY SERVICES, FORCE MAJEURE EVENTS, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL

10. Indemnification

You agree to indemnify, defend, and hold harmless Visitec S.A., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use or misuse of the Website or Services
• Any content you submit through the Website

11. Termination

We reserve the right to suspend or terminate your access to the Website at any time, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Website will immediately cease.

Provisions that should survive termination (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution) will remain in effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Ecuador, without regard to its conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Quito, Ecuador.

12.3 Arbitration (Optional)

Before pursuing legal action, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be resolved through arbitration in accordance with Ecuadorian arbitration laws, if mutually agreed.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Website after changes constitute acceptance of the revised Terms.

For material changes, we may provide additional notice (e.g., email notification or prominent website notice).

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Visitec S.A. regarding your use of the Website and supersede any prior agreements.

16. Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17. Language

These Terms are provided in English. In the event of any conflict between English and translated versions, the English version shall prevail.

18. Contact Information

If you have questions about these Terms of Use, please contact us:

Visitec S.A. (Integral Social Media)
Email: info@ism.ec
Phone: +593 984 81 44 97
Website: ism.ec

19. Acknowledgment

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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