Terms of service

Who we are

In the United States, the PAIR service is contracted and provided by PAIR Services, Inc., a Delaware corporation operating from Atlanta, Georgia.

In Chile, the website and the PAIR service are offered by PAIR SERVICES CHILE SPA, a company organized in Chile. Each is referred to in these Terms as “PAIR,” “we” or “us,” as applicable.

Notices regarding these Terms may be sent to contacto@pair.cl.

Website · Acceptance and order of precedence

By using this website you agree to these Terms; if you do not agree, do not use it. If you accept them on behalf of a company or other organization, you represent that you are authorized to bind it.

For the product, the Agreement controls over these Terms on any matter it addresses.

Website · Purpose

pair.cl is PAIR’s informational website. It describes the product and lets you request a demo. Access to the product requires the credentials issued to the customer upon contracting.

Published performance figures state the sample they were measured on and what falls outside that measurement. Enforceable features and commitments are those set out in the Agreement.

Website · Acceptable use

You may use this website and its form to learn about the product and to contact us. You may not:

• use them for any unlawful purpose;
• attempt to gain unauthorized access to the systems of PAIR or its providers;
• interfere with the operation of the website;
• scrape or harvest its content by automated means;
• submit false information, third-party information without authorization, or malicious content through the form.

Website · Intellectual property

The PAIR name and logo, the software and the website content are owned by PAIR SERVICES CHILE SPA, except for third-party material identified as such. No license is granted other than to view the website.

Service · Customer data

The records, forms, photographs, signatures and reports a customer uploads into PAIR belong to the customer, and remain the customer’s.

PAIR processes them solely to provide the contracted service, in accordance with the customer’s instructions, and does not use them for any purpose of its own.

Service · Data export

Customers may export their records in their original format, with attachments and generated PDF documents. Export is free of charge.

After the Agreement ends for any reason, the customer has ninety days to export its data from the application, in Excel and PDF formats. After that period, the data is deleted.

Service · Suspension

In the event of non-payment, PAIR may suspend access to the service after giving the customer prior notice, and the customer will have fifteen days from that notice to cure.

In the event of a risk to the security of the service or of other customers, PAIR may suspend access immediately, notifying the customer at the same time.

During any suspension, the customer may continue to export its data.

Service · Scope of the service

PAIR produces documentary evidence that supports compliance with safety and data protection requirements. Compliance with each regulation, filings with regulators and the keeping of official books and records remain the customer’s responsibility.

The time recorded in the product is set by PAIR’s server clock at the moment of capture and approval. Its evidentiary weight as against third parties is governed by applicable law, including, in Chile, article 5 of Law 19.799.

Service · Pricing and billing

The prices that apply are those published on the Pricing page at the time of contracting. In case of any discrepancy, the Agreement controls.

Amounts invoiced in Chilean pesos are calculated at the exchange rate on the invoice date.

Price changes apply only upon renewal, with sixty days’ prior notice to the customer.

Disclaimer of warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” FOR INFORMATIONAL PURPOSES ONLY. TO THE FULLEST EXTENT PERMITTED BY LAW, PAIR DISCLAIMS ALL WARRANTIES REGARDING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED.

Warranties regarding the service are solely those set out in the Agreement.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PAIR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR BUSINESS OPPORTUNITIES, ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT.

PAIR’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold PAIR harmless from third-party claims arising from your breach of the acceptable use section of these Terms. Indemnification obligations relating to the service are as set out in the Agreement.

Export controls and sanctions

You may not access or use the website or the service in violation of US export control and economic sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control, including from a comprehensively sanctioned country or region or as a person on a US government restricted-party list.

Governing law and disputes

For customers contracting with PAIR Services, Inc., these Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, and any dispute will be submitted to the courts located in Atlanta, Georgia.

For customers and users in Chile, these Terms are governed by Chilean law, and any dispute will be submitted to the ordinary courts of Concepción, Chile.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

Changes to these Terms

We will post any changes to these Terms on this page with their date. If a change affects services already purchased, we will notify the customer at the account email address before it takes effect.

The customer’s ownership of its records, and free export of those records, may be changed only by written agreement with the customer, not by an update to this page.