Terms of Service

1. 1. About These Terms

These Terms are a binding agreement between you and Soluciones en IA y Ciencia de Datos S.A.S. (trading as "Prometio Group"), the operator of the Site. They set out the rules that apply when you access or use the Site, together with our Privacy Policy.

These Terms govern only your use of this informational and marketing website. They do not govern any professional services we may provide, which are addressed separately as described in Section 3. Please read these Terms carefully; by using the Site you accept them in full.

2. 2. Acceptance of Terms

By accessing, browsing, or otherwise using the Site, or by submitting any form on the Site (including our contact form or discovery-call booking flow), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference for informational purposes. If you do not agree, you must not use the Site.

For clarity, incorporating the Privacy Policy by reference describes how we handle data; it does not bundle, and must not be read as, your consent to any processing that requires consent as its legal basis under applicable data-protection law (such consent, where needed, is requested and managed separately under the Privacy Policy).

You represent that you are at least 18 years old and that, if you are using the Site on behalf of an organization, you have authority to bind that organization to these Terms. The Site is intended for businesses and professional users, not for use by minors under 18. (This age threshold is aligned with our Privacy Policy.)

3. 3. The Site and These Terms vs. Service Contracts

The Site is an informational and marketing website that describes who we are and how to engage us, and it lets you contact us or book a discovery call.

• Nothing on the Site constitutes an offer to perform services, a quote, a binding commitment, or the formation of a client relationship.
• Submitting a contact form or booking a discovery call does not, by itself, create any contract for services and does not obligate us to provide services.
• Any software, development, AI integration, or related professional services are provided solely under a separately negotiated and signed MSA and/or SOW. Deliverables, intellectual-property ownership of work product, fees, warranties, support, and liability for the services are addressed in that contract, not here.

4. 4. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own lawful, internal, and informational purposes — for example, to learn about our offerings, contact us, or book a call.

This license does not transfer any ownership rights and may be revoked at any time.

5. 5. Prohibited Conduct

You agree not to, and not to permit any third party to:

• Use the Site for any unlawful, fraudulent, or harmful purpose, or in violation of any applicable law or regulation.
• Submit false, misleading, or impersonating information through any form, or submit another person's data without authorization.
• Use the Site to send spam, harassment, malware, or other unwanted or malicious content.
• Attempt to gain unauthorized access to the Site, our servers, our service providers' systems, or any related networks or data.
• Probe, scan, or test the vulnerability of the Site, or circumvent, disable, or interfere with security or anti-abuse features (including the Cloudflare Turnstile challenge and rate-limiting).
• Use bots, scrapers, crawlers, or other automated means to access, collect, or harvest content or data from the Site, except for well-behaved search-engine indexing that respects our published controls.
• Reverse engineer, decompile, or disassemble any part of the Site, or copy, reproduce, distribute, modify, or create derivative works of the Site or its content except as expressly permitted.
• Overburden or disrupt the Site or its infrastructure, including via denial-of-service activity or excessive request volume.
• Remove, obscure, or alter any proprietary notices, trademarks, or attributions.

We may suspend, restrict, or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or to protect the Site, our users, or third parties.

6. 6. Intellectual Property and Brand

The Site and all of its content — including text, copy, graphics, illustrations, logos, icons, images, page layouts, design, UI/UX, animations, code, and the overall look and feel — are owned by or licensed to Prometio Group and are protected by copyright, trademark, and other intellectual-property laws.

The names, logos, marks, and visual identity of Prometio Group (including the "Prometio Group" name and brand elements) are our trademarks and trade dress. You may not use them without our prior written permission, and you may not use them in any manner that is likely to cause confusion or that disparages or discredits us.

Except for the limited license in Section 4, no rights are granted to you in the Site or its content. Case studies, project descriptions, and client references shown on the Site are presented for illustrative purposes and may be subject to confidentiality obligations; third-party names, logos, and marks referenced on the Site remain the property of their respective owners.

7. 7. User Submissions (Forms)

The Site lets you submit information to us, in particular through:

• the contact form (name, email, and message); and
• the discovery-call booking flow (first name, last name, email, an optional company name, optional notes, and the date/time you select).

For security and anti-abuse purposes, we (and our service providers) may also process technical data associated with your submission, such as your IP address and browser user-agent, and we use Cloudflare Turnstile to help block automated abuse. How we handle this information is described in our Privacy Policy.

You are responsible for the content you submit. You represent that your submissions are accurate, that you are entitled to provide them, and that they do not violate any law or any third party's rights, and do not contain anything unlawful, defamatory, infringing, or otherwise objectionable.

Please do not submit sensitive personal data or confidential or proprietary information through the Site's forms, including the optional notes field. A discovery call and any later engagement are the appropriate place for confidential discussions, ideally under a separate confidentiality or services agreement.

By making a submission, you grant us a non-exclusive, worldwide, royalty-free license to use, store, copy, and process that submission solely as reasonably necessary to respond to you, schedule and conduct any requested call, maintain business records, operate and secure the Site, and otherwise act consistent with our Privacy Policy. We do not claim ownership of your submitted content, and we do not publicly display your form submissions. Submitting information does not create any contractual or fiduciary obligation on our part to respond, follow up, or provide services.

8. 8. Third-Party Links and Services

The Site may contain links to, or rely on, third-party websites, platforms, or services that we do not own or control (for example, content, social media, or service-provider pages). The infrastructure that powers the Site and its forms — including hosting/CDN, the booking and contact back-end, and email delivery — is described, together with the relevant providers, in our Privacy Policy.

We provide such links and integrations for convenience only. We do not endorse and are not responsible for the content, accuracy, availability, security, or practices of any third party. Your use of any third-party website or service is at your own risk and is governed by that third party's terms and privacy policy. We encourage you to review them.

9. 9. Availability and Changes to the Site

We may modify, suspend, or discontinue all or part of the Site (including any feature, form, or content) at any time, with or without notice. We do not guarantee that the Site will be available at all times or free of errors, interruptions, or delays. We are not liable for any unavailability of, or changes to, the Site.

10. 10. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FORMS, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT. CONTENT ON THE SITE IS FOR GENERAL INFORMATION ONLY AND IS NOT PROFESSIONAL, LEGAL, OR TECHNICAL ADVICE. ANY RELIANCE YOU PLACE ON IT IS AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, and consumers may have statutory rights that cannot be excluded. Nothing in these Terms removes or limits any warranty or right that cannot be excluded or limited under the law applicable to you, and to that extent the above exclusions do not apply to you.

11. 11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROMETIO GROUP OR ITS FOUNDERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — for example, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that the law does not permit to be excluded. If you are a consumer, mandatory consumer-protection law in your country of residence may give you rights and remedies that these limitations cannot reduce; in particular, the exclusions and the monetary cap above may be unenforceable in whole or in part against consumers in the EU, the UK, and certain other jurisdictions, and to that extent they do not apply to you.

These limitations apply only to your use of the Site. Liability for any professional services is governed exclusively by the applicable MSA/SOW. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law.

12. 12. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Prometio Group and its founders, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your submissions or other content you provide; (c) your violation of these Terms; or (d) your violation of any law or any third party's rights. This Section does not apply to the extent a claim arises from our own breach or wrongdoing, and it does not override mandatory consumer-protection rights that cannot be waived under applicable law.

13. 13. Modifications to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and post the revised Terms on the Site. Material changes may be communicated by additional notice where appropriate.

Your continued use of the Site after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site.

14. 14. Governing Law, Disputes, and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the Republic of Colombia, without regard to its conflict-of-laws rules.

Subject to the consumer carve-out below, you agree that the competent courts of Barranquilla, Colombia will have exclusive jurisdiction over any such dispute, and you submit to the personal jurisdiction of those courts.

Consumer carve-out: Nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence. If you are a consumer in the EU, the UK, or another jurisdiction whose law grants such rights, you may bring proceedings in, and you benefit from the mandatory consumer-protection laws of, your country of residence, and you may be sued only in the courts of that country, regardless of the choice of law and forum above. EU consumers may also use the European Commission's Online Dispute Resolution platform where available.

15. 15. Miscellaneous

• Entire agreement (for the Site): These Terms, together with the Privacy Policy (as to the matters it covers), are the entire agreement between you and us regarding your use of the Site, and supersede prior understandings on that subject. Professional services remain governed by the applicable MSA/SOW.
• Severability: If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Survival: Sections relating to intellectual property, user submissions, disclaimers, limitation of liability, indemnification, governing law and disputes, and miscellaneous survive termination.
• International use: We may serve users worldwide. You are responsible for complying with the laws applicable to you in your location.

16. 16. Contact

If you have questions about these Terms or the Site, contact us at:

• Email: [email protected]
• Entity: Soluciones en IA y Ciencia de Datos S.A.S. (trading as "Prometio Group")
• Registered address: Calle 3 #51b-156, oficina 34, Barranquilla, Colombia
• Website: https://prometio.group