Terms and Conditions of Use

1. Identification of the controller

SODANA is a SaaS platform for social media analytics and artificial intelligence-assisted content generation, operated by BICODE SAS, a commercial company identified with NIT 901081283, domiciled in Colombia, hereinafter "BICODE", the "Company", "Sodana", or the "Controller", as applicable.

BICODE may collect payments from users located inside and outside Colombia, including payments processed or received through accounts, gateways, or financial structures located in the United States or other jurisdictions, without this alone implying a change of corporate domicile, automatic permanent establishment, or substitution of the applicable law defined herein, unless an imperative provision provides otherwise.

2. Acceptance, capacity, and binding effect

Accessing, registering for, browsing, connecting accounts to, contracting, or using the Platform constitutes the express, prior, informed, and unequivocal acceptance of these Terms and Conditions of Use, the Privacy Policy, and the Cookie Policy.

When the User acts on behalf of a legal entity, the User represents and warrants that they have sufficient capacity and authority to validly bind that entity. If the User does not accept this document, they must refrain from accessing or using the Platform.

3. Definitions

For the purposes of this document, the capitalized terms below have the meanings assigned to them as follows:

3.1. Platform

The website, application, panel, API, module, integration, cloud environment, or any technological channel through which SODANA is provided.

3.2. User

Any natural or legal person who accesses, registers for, or uses the Platform.

3.3. Client

A User who contracts a free, trial, or paid plan.

3.4. Connected account

An Instagram, Facebook, TikTok, or other social network account connected and/or authorized by the User.

3.5. User Content

Information, data, prompts, texts, images, files, brand guidelines, instructions, or materials provided by the User.

3.6. Generated Content

Any output, recommendation, summary, idea, classification, calendar, text, analysis, or material produced by the Platform, with or without the use of artificial intelligence.

3.7. Third-party services

Tools, social networks, cloud providers, payment gateways, authentication services, analytics services, or artificial intelligence services operated by third parties.

3.8. Infringement notice

A claim for alleged violation of copyright or other intellectual property rights related to content available on or through the Platform.

4. Purpose and nature of the service

SODANA is a technological solution that enables, among other features, the connection of authorized social media accounts, processing of metrics, generation of reports, organization of brand information, and production of content suggestions through business rules, analytics, and artificial intelligence models.

The Platform is offered as a support service for marketing and content decisions. Accordingly, it does not guarantee commercial results, organic growth, virality, conversion, reputation, monetization, regulatory compliance, or any specific business outcome.

BICODE may offer SODANA through web, mobile web, applications, APIs, enterprise integrations, marketplaces, affiliates, or digital stores, subject to availability, geographic eligibility, regulatory restrictions, third-party policies, and current commercial conditions.

5. Registration, access, and account

5.1.

The User agrees to provide true, complete, accurate, and up-to-date information.

5.2.

The User is responsible for safeguarding their credentials, maintaining the confidentiality of their password, and responding for all activity carried out from their account.

5.3.

The User must immediately report any unauthorized access, misuse, or security incident that compromises their account or credentials.

5.4.

BICODE may close sessions, revoke tokens, or suspend access when reasonably necessary to protect the Platform, other users, or third parties.

6. Permitted use and prohibited uses

6.1. Permitted use

The User may use the Platform exclusively for lawful, professional, or business purposes, in accordance with the contracted plan and the functionality enabled under these Terms and Conditions of Use.

6.2. Prohibited uses

The following, among others, are prohibited:

• a) Accessing accounts or data without authorization.
• b) Uploading, generating, storing, disseminating, or using unlawful, misleading, defamatory, discriminatory, fraudulent, or third-party-rights-infringing content.
• c) Using the Platform to circumvent third-party technical or contractual restrictions.
• d) Performing scraping, reverse engineering, unauthorized automations, or security testing without BICODE's prior written authorization.
• e) Interfering with the security, integrity, stability, or availability of the Platform.
• f) Using Generated Content for unlawful purposes, to infringe intellectual property, or to violate applicable rules.

7. Connected accounts and third parties

7.1.

The User represents and warrants that they have ownership, legitimate administration, or valid authorization with respect to the accounts they connect.

7.2.

The User shall be solely responsible for the legitimacy of access to connected accounts, the scope of granted permissions, the truthfulness and lawfulness of the incorporated information, and compliance with the terms and policies of the respective third parties.

7.3.

The Platform may integrate with third-party services, including Instagram, Facebook, Meta, TikTok, infrastructure providers, authentication, analytics, storage, billing, and artificial intelligence tools. BICODE does not control or guarantee the availability, continuity, accuracy, stability, or permanence of the APIs, endpoints, permissions, or functionalities of such third parties.

7.4.

The User acknowledges that regulatory, technical, or contractual changes by third parties may limit, suspend, or interrupt certain SODANA Platform functionalities, partially or totally, without automatic liability for BICODE.

7.5.

If SODANA is distributed through the Apple App Store, Google Play, or other marketplaces, the User acknowledges that use of the application may also be subject to the terms, guidelines, and policies of the corresponding store. Apple establishes in its App Review Guidelines rules on security, user-generated content, reporting of offensive content, data, and user experience that may impact the design and operational obligations of the app.

7.6.

In the event of a conflict between mandatory store rules and these Terms, the distributor third party's requirements shall prevail only to the extent strictly necessary for distribution or permanence of the application within that channel. BICODE may modify functionalities, consent flows, reporting modules, support, or payments to comply with those rules.

8. Artificial intelligence

8.1.

The Platform includes artificial intelligence-assisted features to generate ideas, recommendations, classifications, drafts, summaries, and other creative or analytical inputs.

8.2.

The User acknowledges that AI-generated results may be incomplete, inaccurate, biased, approximate, outdated, or inappropriate for certain contexts.

8.3.

Generated Content is for guidance only and does not replace any human review, technical validation, legal verification, or editorial supervision that the User considers necessary.

8.4.

BICODE does not guarantee absolute originality, absence of similarities with results from other users, legal suitability of content, or automatic compliance with regulatory, advertising, or industry-specific obligations.

8.5.

The Platform does not provide legal, accounting, tax, financial, or compliance advice.

9. Intellectual property

9.1.

All rights in the Platform, its software, architecture, interfaces, marks, trade names, designs, documentation, methodologies, system prompts, look and feel, flows, structural databases, and other protectable elements belong to BICODE or its licensors. Access to the Platform does not imply assignment, transfer, or authorization other than the limited use license granted herein.

9.2.

Unless expressly agreed otherwise, the User retains the rights to the content, materials, and data they provide to the Platform.

9.3.

With respect to Generated Content, BICODE grants the User a limited, non-exclusive, revocable, non-transferable license, subject to the contracted plan, without guarantee of exclusivity, absolute originality, or absence of similarity with materials generated for third parties, for internal or commercial use in accordance with these Terms.

9.4.

No provision of these Terms implies an assignment of intellectual property rights in favor of the User.

10. Plans, payments, renewal, and billing

BICODE may offer free plans, trials, recurring paid plans, add-ons, metered usage, or enterprise agreements. Price, currency, taxes, discounts, periodicity, functional scope, and promotional conditions shall be those informed at the time of contracting or in the applicable service order.

10.1.

When the Platform operates under a subscription model, the User must pay the amounts informed for the selected plan, plus applicable taxes.

10.2.

Unless otherwise provided in the commercial offer, service order, or corresponding checkout, subscriptions may renew automatically for equivalent periods.

10.3.

When automatic renewal applies, the User authorizes recurring charges through the registered payment method until the subscription is canceled through the available mechanisms.

10.4.

Non-payment, improper reversal, rejection of the payment method, or delinquency may result in suspension, limitation, or termination of the service.

10.5.

Plan changes may take effect immediately or at the beginning of the next billing cycle, as informed to the User.

10.6.

Refunds will only apply when required by law or when BICODE has expressly offered them in writing.

10.7.

The User shall be responsible for taxes, withholdings, levies, banking costs, conversion fees, or regulatory charges applicable to their contracting, except those that legally correspond exclusively to BICODE. BICODE may invoice in Colombian pesos, US dollars, or other enabled currencies, directly or through third-party payment processors.

10.8.

Receipt of international payments in accounts or financial infrastructures located outside Colombia does not by itself alter service ownership or BICODE's primary contractual liability to the User. Notwithstanding this, BICODE may additionally comply with operational requirements of processors, banks, marketplaces, or authorities in other jurisdictions when these are imperatively applicable.

11. Cancellation and termination

11.1.

The User may cancel their subscription at any time through the channels enabled by BICODE or by written request.

11.2.

Cancellation will take effect at the end of the current billing cycle, unless the commercial offer provides otherwise.

11.3.

BICODE may suspend, limit, or terminate access to the Platform, in whole or in part, for breach of these Terms, fraudulent or unlawful use, security risk, non-payment, request by a competent authority, or breach of policies of integrated third parties.

11.4.

Termination does not release the User from pending obligations, including accrued payments, indemnity, confidentiality, legal retention of information, and handling of disputes.

12. Limitation of liability

12.1.

To the fullest extent permitted by law, BICODE shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of income, sales, opportunities, reputation, data, or information.

12.2.

BICODE shall not be liable for decisions made by the User based on Generated Content, or for interruptions, failures, or unavailability originating from third parties, cloud providers, APIs, social networks, or payment gateways.

12.3.

Where permitted by law, BICODE's total aggregate liability for any claim related to the Platform shall be limited to the amount effectively paid by the User during the [3/6/12] months preceding the event giving rise to the claim, as defined in the applicable commercial offer.

13. Indemnity

13.1.

The User shall hold harmless BICODE, its administrators, employees, contractors, and affiliates from any claim, sanction, loss, damage, cost, or expense arising from: (i) unauthorized use of connected accounts; (ii) content uploaded, published, or distributed by the User; (iii) infringement of third-party rights; (iv) breach of these Terms; or (v) violation of policies or terms of third-party platforms.

13.2.

BICODE may suspend, limit, or terminate accounts for breach, fraud, security risk, delinquency, legal requirement, reasonably founded third-party claims, or use that compromises service integrity. BICODE may also preserve logs, metadata, backups, transactional records, and technical evidence when necessary for security, auditing, judicial defense, dispute handling, or regulatory compliance.

13.3.

Termination of the service does not extinguish obligations that by their nature must survive, including intellectual property, indemnity, liability, accrued payments, confidentiality, data protection, cooperation in investigations, and handling of disputes.

14. Confidentiality

14.1.

Each party must treat as confidential any non-public information to which it has access in connection with the service, except in cases of legal requirement, legitimate operational need, or prior written authorization from the other party.

14.2.

BICODE will process personal data in accordance with Colombian law and, when applicable by territoriality, international offering, digital behavior, or distribution channel, will endeavor to align its practices with complementary standards of privacy, transparency, security, and rights management of other jurisdictions. Colombian law requires prior, express, and informed authorization for the processing of personal data and recognizes rights of consultation, rectification, update, deletion, and revocation where applicable.

15. Service availability

BICODE will endeavor to maintain reasonable availability of the Platform, but does not guarantee uninterrupted or error-free operation. The Platform may be suspended, modified, or interrupted due to maintenance, updates, migrations, technical failures, force majeure events, regulatory changes, or third-party restrictions.

16. Modifications

BICODE may modify these Terms, the Privacy Policy, and the Cookie Policy at any time. The current version will be the one published on the Platform or the one expressly indicated as applicable. Continued use of the Platform after changes are published will constitute acceptance of the new version, unless the law requires an additional mechanism.

17. Governing law and dispute resolution

These Terms shall be governed by the laws of the Republic of Colombia.

Any dispute arising from their interpretation, performance, termination, or validity shall first be resolved through direct negotiation between the parties within fifteen (15) business days following written notice of the dispute. If it cannot be resolved, the parties submit to the ordinary jurisdiction of the competent courts of the Republic of Colombia, unless a mandatory rule, a mandatory distribution channel condition, or a written enterprise agreement provides otherwise.

18. Privacy Policy

The processing of personal data carried out through the Platform shall be governed by this Privacy Policy.

18.1. Data controller

BICODE SAS, NIT 901081283, domiciled in Colombia, will act as the data controller for personal data collected through the Platform.

18.2. Data processed

BICODE may collect and process identification, contact, billing, subscription, browsing, usage, security, connected account data, inputs provided by the User, and Generated Content.

18.3. Purposes

Data may be processed to provide the service, create and administer users, connect authorized accounts, process analytics, generate content, provide support, comply with legal obligations, manage payments, prevent fraud, audit events, and improve security and the user experience.

18.4. Legal basis

Processing is based, as applicable, on the data subject's prior, express, and informed authorization, the performance of the contractual relationship, compliance with legal obligations, and the controller's legitimate interest where appropriate.

18.5. Authorization

Authorization must be obtained before processing and evidence of the consent granted must be retained, including the version of the accepted text, date, time, user, channel, IP, and any other reasonable technical identifier.

18.6. Transfer and transmission

BICODE may share data with processors and technology providers to operate the Platform, including hosting, support, authentication, analytics, billing, and artificial intelligence services. Where international transfer or transmission exists, reasonable security and confidentiality measures will be adopted.

18.7. Data subject rights

The data subject may exercise the rights of access, update, rectification, deletion, revocation of authorization, consultation, and claim, in the cases provided by law.

18.8. Support channels

The data subject may submit requests to info@bicode.co or through the channel made available by the Platform at any given time.

18.9. Retention

Data will be retained for the time necessary to fulfill the informed purposes, while the contractual relationship remains in effect, or while there is a legal obligation or need to defend rights.

18.10. Security

BICODE will implement reasonable technical, administrative, and organizational measures to protect information, without this implying an absolute guarantee of invulnerability.

18.11. Minors

The Platform is not directed to minors, unless expressly indicated otherwise.

19. Cookie Policy

19.1.

The Platform may use cookies, pixels, SDKs, local storage, and similar technologies for authentication, security, measurement, personalization, analytics, and service improvement.

19.2. Necessary cookies

These are essential for the basic operation of the Platform.

19.3. Functional, analytics, and marketing cookies

They may be used only to the extent permitted by law and, when required, with the User's consent.

19.4.

The Platform must include a banner or preference center that allows users to accept, reject, or configure non-essential cookies.

19.5.

The User may modify their preferences at any time through the available settings or through their browser.

20. In-product consent

The User must manifest acceptance of the Terms and the Privacy Policy before completing registration or activating the account, through unchecked checkboxes, clickwrap flows, or other equivalent mechanisms that allow verifiable evidence of the accepted document version, date, time, user, IP, device, country, and acceptance event.

Recommended main checkbox text:

"I declare that I have read and accept SODANA's Terms and Conditions of Use, Privacy Policy, and Cookie Policy."

Recommended text for non-essential cookies:

"I authorize the use of cookies and similar technologies for analytics, functional, and personalization purposes, in accordance with the Cookie Policy."

21. Final provisions

If any provision of these Terms is declared null, illegal, or unenforceable, the remaining provisions shall remain in effect. BICODE's failure to exercise any right shall not imply a waiver of that right. Headings are included solely to facilitate reading and do not affect the interpretation of the text.