Operator Terms of Service
1. Agreement
These Operator Terms ("Terms") govern the use of the HWA platform ("Service") by an educational center or other institutional customer ("Operator"). By subscribing to the Service or accepting these Terms electronically, the Operator agrees to be bound by them.
2. The Service
HWA provides a SaaS platform for managing educational centers, including calendars, attendance, attendant/student records, and communications. Features may evolve over time; material removals will be notified in advance.
3. Accounts and Administration
- The Operator designates administrators authorized to manage the account.
- The Operator is responsible for all actions taken under its account.
- The Operator must promptly revoke access for staff who no longer require it.
4. Operator Data and Roles
The Operator is the data controller for personal data uploaded or generated through its use of the Service. Processing terms are governed by the Operator DPA, which is incorporated by reference.
5. Acceptable Use
- Use the Service only for lawful, educational, and administrative purposes.
- Do not upload sensitive personal data unless an applicable feature explicitly supports it.
- Do not attempt to reverse engineer, resell, or sublicense the Service without authorization.
- Comply with Ley 1581 de 2012, Ley 1480 de 2011, and other applicable Colombian regulations.
- Configure the Service so users may only upload permitted media (classroom board images, notebook and textbook photographs, URL references). Ensure users do not upload photographs, videos, or other media containing identifiable or unidentifiable persons, including minors.
- Comply with applicable app store policies when the Service is accessed through mobile applications distributed to end users.
- The Operator acknowledges that actions performed by its staff and administrators in the Service are recorded in a security audit ledger for information security, accountability, misuse detection, and the establishment, exercise, or defence of legal claims. Ledger entries are retained per the schedule described in the Operator DPA and the Privacy Policy, including beyond termination of these Terms.
6. Fees and Billing
Fees, billing cycles, and applicable taxes are described in the Operator's Order Form. Unless otherwise stated, fees are payable within thirty (30) days of invoice. Late payments may accrue interest at the maximum rate permitted by Colombian law.
7. Term and Termination
- These Terms remain in effect while the Operator has an active subscription.
- Either party may terminate for material breach not cured within thirty (30) days of written notice.
- HWA may suspend access for non-payment or for security reasons, with prior notice when reasonable.
8. Availability and Support
HWA targets 99.5% monthly availability for the production Service, excluding scheduled maintenance and force majeure. Support is provided in Spanish and English during business hours (Colombia time).
9. Confidentiality
Each party will protect the other's confidential information with at least the same care it uses for its own, and in any event with reasonable care. Confidential information may be disclosed only as required by law.
10. Intellectual Property
HWA retains all rights in the Service, including software, design, and documentation. The Operator retains all rights in Operator data. Each party grants the other only the licenses required to perform under these Terms.
11. Operator Marks
The Operator may upload or configure its name, logo, banner, colors, and other brand elements ("Operator Marks") for display within the Service to the Operator's own users.
- The Operator grants HWA a limited, non-exclusive, royalty-free licence to reproduce and display the Operator Marks within the Service solely to render the Operator's instance of the Service to authorized users. This licence expires when the Operator's subscription ends.
- The Operator represents and warrants that it owns, or has secured all necessary rights and permissions for, the Operator Marks it supplies, and that HWA's display of them under this licence will not infringe any third party's intellectual property rights.
- HWA will not use the Operator Marks for HWA's own marketing, advertising, case studies, or any public communication without the Operator's separate written consent.
- If a third party notifies HWA of a claim that any Operator Mark infringes their rights, HWA may suspend display of the affected Mark pending resolution. The Operator's indemnity under Section 13 applies to such claims.
12. Warranties and Disclaimers
HWA warrants that the Service will materially conform to its documentation. Except as expressly stated, the Service is provided "as is" and HWA disclaims all other warranties to the maximum extent permitted by law.
13. Indemnification
The Operator will defend and indemnify HWA against third-party claims arising from (a) Operator data or Operator Marks unlawfully uploaded to the Service, or (b) the Operator's breach of these Terms. HWA will defend the Operator against third-party claims that the Service, as provided by HWA, infringes Colombian intellectual property rights of a third party.
14. Limitation of Liability
To the maximum extent permitted by law, each party's aggregate liability under these Terms shall not exceed the fees paid or payable by the Operator to HWA in the twelve (12) months preceding the event giving rise to the claim. Neither party shall be liable for indirect, incidental, or consequential damages.
15. Force Majeure
Neither party shall be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, acts of government, network outages, or labor disputes.
16. Changes
HWA may update these Terms with at least thirty (30) days' prior notice. If the Operator does not accept material changes, it may terminate before they take effect.
17. Governing Law and Venue
These Terms are governed by the laws of the Republic of Colombia. Disputes shall be resolved by the competent courts of Bogotá D.C., without prejudice to mandatory consumer-protection rules.
18. Contact
Notices: legal@acivem-solutions.com.