Geocody is an API that provides geocoding and mapping services for mobile and web applications. Geocody allows to convert addresses into geographic coordinates and geographic coordinates into addresses. Geocody will allow you to locate an address on a map and transform it into a longitude and latitude that will allow you to locate the address.

"Credits" means the number of searchable addresses or coordinates acquired by the User.

"Credits Package" means the Credit plan purchased by the User, which allows the User to have a specified number of Credits available.

"Discount" means the discount percentage on the service Fee that may be agreed upon in advance with the User.

"Fees" means the prices of the Credits or the services acquired by the Users.

"Geocody" is the application programming interface, platform, or computer development, regardless of its name, which will give the User access to the Service. The name of the technological platform, format, and operation may vary as deemed appropriate by the Company.

"Maintenance" is understood as the downtimes or interruptions of the Service, derived from technical, operational, or technological maintenance that the Company requires to perform and that may include, but are not limited to (i) maintenance windows performed by the Company, understood as the modification or repairs of the API; (ii) maintenance programmed by the User, where the maintenance of the API configuration is performed, which the User has previously requested and, therefore, has been subject to joint and previous programming. This configuration may respond to hardware and software upgrade events; and (iii) emergency maintenance, which refers to unplanned critical maintenance for the security and performance of the API, without which Geocody would not meet the Service standards..

"Parties" means jointly the Company and the User

"Person" means any person, partnership, joint venture, association, company, corporation, foundation, or any other entity with legal personality or any other government entity or any nation or political subdivision thereof, whether local or foreign, and any agency, authority, regulatory entity, court, central bank, or any entity in the exercise of its executive, legislative or judicial powers.

"Plans" means the subscription plans offered to Users.

"Service" means the application programming interface service through which Users can convert addresses to geographic coordinates and convert geographic coordinates to addresses.

"SLA" means the Service Level Agreement through which the Parties agree on availability levels, maintenance, attention, and incident criticality, among others.

"Support" shall be understood as the Service to address the failures of Geocody according to the levels of criticality thereof, provided by the Company's personnel or employees who have training and experience in the matter, who will be available in the requests response raised via email or any other communication channel that the Company allocates for this purpose, at the times published in Schedule 1, and any additional levels of assistance offered by the Company for the specific services purchased by the User and described in this instrument.

"Users" are those who request and acquire the API Services regulated by these terms. The User will have access to his profile in Geocody to upload the necessary information for the development of the Services provided by Geocody, as well as the possibility of linking its application and platform with the API and the administration of the account in Geocody.

3.1 Purpose

By contracting the API, accepting these terms, and using our Services, Users are freely and voluntarily acquiring an application programming interface service, whereby the Company agrees to deliver a non-exclusive, non-perpetual, and non-transferable license to use Geocody. By granting a non-exclusive license, the Company shall have the right and prerogative to license the use of Geocody to third parties without this representing or implying a prejudice or detriment to the rights of its Users. Any unauthorized use by Users shall result in the payment of damages in favor of the Company.

The terms of these services include this agreement and any other binding document published in Geocody or made known to the User by any other means, which will be available for consultation.

3.2 API Service and scope.

The Company offers an API for Users, i.e., it allows them to access the functionalities offered by Geocody through accounts or sessions to which they have remote access through a computer connected to the Internet. Geocody Users can integrate their mobile applications, web forms, shopping carts, CRM, ERP, BPM and any other system and upload their files so that the shared data is geocoded.

As a User, you will have access to manage Service requests and the geocoding tool that allows you to upload files manually. Users will also have access to a report of the services requested in the month from when the query is made.

3.3 Requirements to access the Services

For Users to access the Services, they must meet the following requirements:

1. Have the necessary resources to pay for the Services.
2. Have a profile in Geocody to integrate their platform with Geocody.
3. All those deemed necessary by the Company and previously informed to the Users.
4. Have the legal capacity to contract according to the law of the country where the User resides
5. To have read and accepted these terms and conditions
6. To be in the area of coverage of the Services, it is understood that business hours for accessing services such as support, among others, will be determined by the GMT-5 time zone

3.4 Access Credentials

To access Geocody, the User must create a user and might establish an access password. These access credentials are unique and non-transferable, so the User is responsible for any unauthorized use by a third party, whether done voluntarily or involuntarily or any third party that may access your credentials by acts performed or generated by the User

To query the API, the User must create an access token. These access tokens are unique and non-transferable, so the User is responsible for any unauthorized use by a third party, whether done voluntarily or involuntarily or any third party that may access your credentials by acts performed or generated by the User

The User agrees to notify Geocody immediately, by any suitable and reliable means, of any unauthorized use of their account and access by unauthorized third parties to remove the access credentials immediately.

3.5 Modalities

The Service is acquired through different modalities, as explained below:

Credits Package: through this package, Users will be able to acquire several Credits in advance. The User will pay the Credits acquired in advance and will have a balance of Credits that can be used upto the last day of the month in which the payment was made. If the User does not use all of the available Credits, they will not be able to transfer or use them in the following month, resulting in the loss of such Credits. These Credits are not cumulative and must be used within the allotted period.

The User and the Company may agree in advance on specific Discounts on the Plan purchased according to their needs, which shall be a binding part of these terms.

3.6 Payment method

The Company shall make available to the User the following payment methods:

• Debit or Credit card through a third party Colombian payment gateway

The Company reserves the right to suspend the Service when payments, deadlines, and payment conditions are unmet temporarily or permanently.

The User understands and accepts that the Company reserves the right to delete the information in their Geocody account if the non-compliance with the obligations and payments persists for more than ten (10) days, without prejudice to the backup copies that it voluntarily makes of the User's information, always respecting the current regulations regarding the handling of Personal Data and third-party information.

3.7 Refund Policy

1. The User shall have the right to a refund if the request is made within five (5) business days after purchasing the Credit Package, provided that the User has not yet started using the Geocody services. If such period expires on a non-business day, it shall be extended until the first immediately following business day.
2. If you have started using the Geocody Service, the money will not be refunded.
3. The User shall send the request to info@geocody.com
4. The refund will be made through the same means of payment used by the User and within a maximum term of thirty (30) days from the Company's confirmation of receipt of the User's wish for a refund.

3.8 Support Services.

a. Geocody Maintenance

The Company undertakes preventive and corrective maintenance activities to avoid possible errors, failures, or intermittencies in executing the Geocody user license or to correct its errors, failures, or intermittencies. In performing the Geocody maintenance obligation, the Company may restrict access to and use of Geocody for repairs or maintenance scheduled twenty-four (24) hours in advance or when reasonably required to secure the SLA. The maintenance periods in which Geocody is offline or disabled shall not affect the relevant downtimes and shall not be considered as generating damages to the User, as they are necessary for the development and execution of this agreemen.

Under normal conditions, the Service will be available in the percentages agreed in the SLA; however, the User accepts that there may be downtimes or interruptions of the Service derived from technical, operational, and technological maintenance that the Company requires to perform, including emergency maintenance, which refers to unplanned critical maintenance for the security and performance of Geocody configuration, without which the Service standards would not be met.

b. Technical Support.

The Company?s personnel will take care of the failures of Geocody according to the levels of criticality. They will be available to respond to the requests raised via email or any communication channels that the Company makes available to the User at the times published in the SLA and any additional level of assistance offered by the Company for specific services purchased by the User and described in these Terms.

4.1. Term.

The Service's term shall follow the Credits' Package acquired by the User or the Users' necessity of the Service

4.2. Suspension.

The Company has the power to temporarily suspend the Services if the actions or omissions of the User represent any threat to Geocody or if the payment of the Fees has not been made following Section 3.4. However, if the causes that gave rise to the non-compliance of the terms are remediated or eliminated, the Company shall resume the Services within three (3) business days.

During the term of the Service referred to in Section 3.2, and unless otherwise provided, the User shall have a limited, non-exclusive, non-assignable, and fee-based right of use to access and use the Company's Services for its operative and internal management.

Under this license of use, Users may not use the Services for purposes other than those already mentioned.

Likewise, the Users accept that the license of use can also involve accessing and using any additional functionality that the Company provides.

By accepting these terms, the User unequivocally states that this license of use does not involve additional or related services not described in Section 3.2 or for a time or period that exceeds that requested in any of the Service modalities. Therefore, once the term of the Services ends, the Services shall end.

To achieve adequate and proper implementation of the Services, the User grants the Company the right to use, process, and transmit content - meaning data, documents, files, audio, graphics, illustrations, images, information, video, photographs, texts - that is its property, during the term of the Services, as well as during the additional period and after the termination that is necessary to retrieve any information. Once the Services are terminated, all data contents will be permanently deleted.

You understand that the license to use the Software under Section 5 is subject to the following restrictions:

1. The license of use may not be shared or used by persons other than the User authorized by the Company.
2. The User may not license, sell, rent, lease, transmit, assign, distribute, display, host, subcontract, disclose, or otherwise commercially exploit or offer or provide the Service and those other products and services that the Company chooses to provide; on terms other than those permitted by these terms.
3. The User may not modify, create derivative works, or perform disassembly, decompile, or reverse engineer activities on any part of the Service, or access or use the Service to create, support, and assist a third party in the construction and support of products or services that compete with the Company and its Services, or that have a similar or identical purpose.
4. Except as expressly provided herein, no part of the Service may be copied, reproduced, distributed, published, downloaded, displayed, edited, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording and/or any other means.
5. The User undertakes to prevent and avoid, by any means it deems reasonable, that unauthorized third parties have access to the Services.

7.1 Obligations of the Users

The Users undertake to comply with all the obligations expressed in the present terms, as well as those determined in other documents, including but not limited to other agreements entered with the Company.

In addition to these obligations, Users shall have the following obligations:

1. Address the Company's personnel with respect.
2. Provide the Company with current and accurate information during the entire term of the business relationship.
3. Pay the Fees for the Services according to the acquired modality.
4. Update the information necessary for the proper functioning of Geocody.
5. Give notice to the Company of any irregularity or illegality that they become aware of that occurs or will eventually occur
6. Be liable to third parties for the damages caused by the operations it carries out in Geocody, holding the Company harmless for the economic damages that this generates if a third party claims directly against the Company under an eventual joint and several liability, including, but not limited to, defense costs and attorney's fees.
7. Read and fully understand these terms.
8. Comply with all rules expressed in these terms or other documents.

7.2 User Prohibitions

Users agree to refrain from engaging in any of the following activities:

1. Modify, disassemble, decompile, or reverse engineer the API
2. Testing, vulnerability scanning, or attempting to circumvent security mechanisms implemented on websites, servers, or networks connected to Geocody.
3. Copy, emulate, or in any way reproduce Geocody software
4. Deliberately reduce or impede the accessibility, usability, or operability of Geocody.
5. Transmit, post, or promote material or content that encourages any conduct that may constitute a criminal offense or give rise to any Company liability.
6. Upload or distribute any files that contain viruses, corrupted files, or similar software or programs that may impair or damage the operation of Geocody.
7. Access or use the information of any other customers or third parties through Geocody without authorization.
8. Use Geocody with products, services, or to promote products or services, or any other material related to spyware, adware, malicious code or programs, counterfeit products, hate material, products made from animals or plants protected by law, piracy, surveillance, hacking, decryption equipment, illegal drugs, pornography, prostitution, stolen goods, or items used for theft, explosives, and other dangerous materials, weapons
9. Use Geocody to operate or develop mission-critical applications where human life may be at risk. The User understands and agrees that Geocody was not designed for such purpose and that any failure in such cases that may lead to death, injury, damage, injury to a person, or damage to the environment will be entirely your responsibility and not Geocody

You are responsible for complying with all terms of use of any content, data, or information you upload when using Geocody.

If the User violates any special prohibitions, the Company reserves the right to terminate the Service without prior notice. The Company may also seek compensation for any damages incurred due to the violation.

7.3 Obligations of the Company

By the nature of the Service offered by the Company, the Company undertakes to:

1. Allow non-exclusive use of Geocody.
2. Provide the conditions of permanence for the operation of Geocody.
3. Provide the infrastructure for the proper operation of Geocody.
4. Take the necessary measures in case of an error in the platform's operation.
5. If a User notifies the Company about the existence of false, erroneous, inaccurate, or incomplete information or information that does not comply with these terms, it may make the necessary inquiries and investigations to corroborate the known assertions. In case of evidencing such faults or having reasonable suspicion about its integrity, authenticity, or verifiability, it may deactivate the account by communicating it to the User
6. To make the necessary arrangements to carry out the technological updates required for the Service
7. Inform the User about any change in the Fees
8. Support and instruct the User and its developers to make good use of and get the most out of Geocody

Users agree that the Service provided by Geocody is an "AS IS" Service, which means that there is no express or implied warranty of any kind as to the performance of the API.

No information Users may have received by any means from the Company or any of its representatives or officers, in addition to these terms, shall engage the Company's liability or represent any warranty regarding the Services.

For this reason, the only recourse that Users will have concerning the Services provided by Geocody is not to use them again without implying any reimbursement in favor of the Users.

Requests, complaints, claims, and suggestions ("Claims") to Geocody Services shall be governed by the following provisions:

1. The Requests may be submitted through the email info@geocody.com
2. The Company will register and individualize the Claim by assigning a number, which will be made known to the Person who filed the Claim through a copy or by informing of the complaint number.

The Company will not be responsible for responding to a Claim when it deals with information or service not provided directly by Geocody. It will be responsible for giving the necessary specifications to the User as to who the responsible Person is. The Company will respond to the Claim within fifteen (15) business days from its receipt.

The Company informs Users that it shall be exempt from liability when:

1. Users provide incorrect, inaccurate, not updated, or false identity data or information, and but not exclusively or limited to, for damages of any nature that may be due to impersonation of a third party, made by a User in any communication or transaction made through Geocody.
2. A suspension, interruption, or cut of the Service due to corrective or preventive maintenance.
3. When urgent modifications must be made that are necessary in Geocody due to causes beyond the Company's control in cases of congestion in the lines or signals, cases of force majeure or fortuitous events attributable to nature, atmospheric conditions, high or low voltage in the electrical system and others of a similar nature.
4. Viruses imported through the network or whatever their origin.
5. For improper use of the Services by the User, whether due to lack of knowledge of use, misconfiguration, technical failures of access, or other similar equipment owned by the Users.
6. For any cost, prejudice, or damage caused to the Users because of the improper use of the Services by persons outside the Company.
7. For the infringement of intellectual property rights by Users, those who claim to be right holders, either as owners or licensees of such rights or those who presume to have any authorization for their use.

Furthermore, in no event shall the Company be liable for indirect, punitive, special, exemplary, incidental, consequential, or consequential damages or any damages for loss of data, revenue, profits, or other variables concerning the use of Geocody for improper use of the API or attacks, sabotage or other unethical practices or illegal circumstances, force majeure or acts of God. Even with the preceding, and as the Company is an expert in the Services it provides, it will endeavor to have the necessary computer security measures to protect the User's data and information. In any case, the liability of the Company, of any kind or nature, shall be limited to the amount received for the Services.

Users agree that the Company may use cookies or other similar technologies, both in Geocody, its contents, and services, as well as in the emails sent to Users, for, among others, authentication, recording activities in Geocody, improving functionality, optimizing the Services offered, analyze market trends, analyze the demographic information of those who visit Geocody and make use of the services it offers, evaluate the effectiveness of advertising, the behavior of Geocody Users and the result of the activities carried out, determine who has opened the email sent and the format in which it is sent. These tools allow obtaining, among others, information regarding the type of browser and operating system used, the IP address, the time spent on Geocody, and the number of visits made to Geocody, among others.

Geocody, the solutions and the designs, graphics, text, images, source code and object code, usage model, and other content to which Users have access for the provision of the Services are the Company?s property and are protected by intellectual and industrial property as appropriate.

The distinctive signs, such as trademarks, trade names, logos, and all components of the Company's distinctive signs, are the Company's exclusive property, so Users do not have the right to use the trademarks without authorization. The User authorizes the Company to use the User's trademark solely to publish it on the Company's website or any other document it issues for marketing purposes, including, but not limited to, commercial offers, business presentations, and advertising, among others. The use of the User's trademark does not imply the granting of, or in any way, ownership rights over the trademark to the Company.

The use of the applications and Geocody by Users does not imply any transfer of intellectual property rights and copyrights of the Company on such content, nor on Geocody. These terms, the natural and functional purpose of Geocody, and the legal relationship between Users and the Company shall limit the authorized uses. The uses conferred must be interpreted in a restrictive manner.

Users and any third party must refrain from extracting or reusing parts of the content without the prior and express consent of the Company or their respective owners, under penalty of indemnifying the Company for any damage or harm caused.

The User may not sublicense, sell, rent, lease, transmit, assign, distribute, display, host, subcontract, disclose, or in any other way commercially exploit, offer, or provide the functionalities of Geocody. You may not modify, create derivative works, disassemble, decompile, or reverse engineer any part of Geocody, nor may you agree to use Geocody to create, support, or assist a third party.

No functionality of Geocody may be copied, reproduced, distributed, published, downloaded, displayed, edited, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or any other means.

Users agree that for any dispute or disagreement arising during the use of Geocody, the User and the Company shall have thirty (30) days from the date of the complaint to resolve their differences by direct negotiation or conciliation.

If, after this time, no agreement can be reached, the User and the Company are free to go to the courts of Colombia.

With the acceptance of these terms, the Company is authorized to collect, use, and process the personal data contained in Geocody and those that may be provided or collected in the future for the purposes and under the terms described in the Company's Privacy Policy, which is available at data protection policy

In any case, Users may exercise their rights to know, update, rectify, or delete the data or to revoke this authorization under the terms of the Privacy Policy.

The Company may ask Users for personal data such as name, address, telephone and email, and means of payment. By providing data by any means, the User gives express consent to the Company to carry out operations of Personal Data Processing, such as collection, storage, use, circulation, or deletion, under the terms of the Privacy Policy. The Company may also obtain data through integration with other platforms, which will also be subject to these, especially the Privacy Policy.

Personal data will be processed to develop the Company's corporate purpose and other purposes specified in the Company's Privacy Policy.

The Company will process personal data, as defined in the Company's Privacy Policy, for as long as necessary to fulfill the purposes mentioned above and as long as necessary to comply with legal or contractual obligations.

The Company may retain the User's data and information for one (1) month from the cancellation or termination of the Service so that the User requires a reactivation of the Service. After this term, the User's data and information will be deleted from the Company's databases, and in case of requiring a reactivation of the Plan, the configuration of the website and Plan that the User had previously must be performed.

These terms and all rights, obligations, and conditions hereof shall be construed, governed, and enforced following the laws applicable to Colombia. In the same sense, the resolution of any dispute or matter related to this instrument shall be subject to the jurisdiction of the competent courts of Colombia, waiving any other jurisdiction that may be competent.

Using the functionalities included in Geocody by the Users implies the acceptance of these Terms. If any User disagrees with any of the elements in the Terms, they must cease using Geocody.

These Terms constitute a legally binding agreement between Users and the Company.

The Company may make updates and changes to these Terms in appearance, features, and content. It may be changed or modified as new functions or features are developed and to the conditions of access at any time, without any additional commitment to those established by the Company or any claim of prejudice.