01Who we are and scope of these terms
Ashperion SpA (Chilean tax ID (RUT) 78.546.832-5, “Ashperion”) is a technology solutions company domiciled in Viña del Mar, Chile, that designs, develops and implements websites, software, applications and design pieces for clients in different countries.
These terms govern two things:
- The use of the website ashperion.com by any visitor (sections 2 to 4).
- The general terms that apply to projects you hire Ashperion for (sections 5 to 19).
By using the website or accepting a proposal, you confirm that you have read and accepted these terms. If you contract on behalf of a company or institution, you confirm that you are authorized to bind it.
02Use of the website
You may use the website freely to learn about our solutions and contact us. You agree not to:
- Use it for unlawful purposes or in ways that affect the rights of others.
- Attempt to access our systems without authorization, breach their security or interfere with their operation.
- Send unlawful, offensive or misleading content, unsolicited advertising or malicious code through the chat, email or WhatsApp.
- Copy, scrape or reuse the website’s content for commercial purposes without our authorization.
We may limit or block access for anyone who breaks these rules.
03Information on the website
The information on the website is general and for guidance only. In particular:
- The plans (Starter, Growth, Business and Corporate; in Spanish, Emprende, Pyme, Empresa and Corporativo) are reference levels to guide the conversation, not service packages with fixed content or prices.
- The “Find your plan” questionnaire shows a suggestion for guidance only, and the details of each plan show what that level usually includes for each solution, for reference only. None of this constitutes an offer, a quote or a promise of results.
- The solution descriptions show what we can build. The scope of each project depends on your requirements and is defined in writing.
We strive to keep the information up to date and accurate, but it may contain errors or omissions, which we will correct as soon as we become aware of them.
04Ownership of the website
The Ashperion brand, its logo and the website’s text, designs, animations, graphics and code belong to Ashperion or its licensors and are protected by intellectual and industrial property laws. Third-party product names we mention belong to their respective owners.
05How a project is contracted
- Discovery: we talk about your needs, free of charge and with no commitment.
- Proposal: we send you in writing the scope, deliverables, stages, estimated timeframes, price, payment terms and the validity period of the offer.
- Acceptance: the project is considered contracted when you accept the proposal in writing (including by email) or sign the contract, and pay the deposit if the proposal requires one.
The accepted proposal, any contract signed and their annexes form part of the agreement. If they conflict with these terms, the proposal and the contract prevail.
06Prices, payments and taxes
- Prices are stated in each proposal, with their currency and whether or not they include taxes. The price depends on technical complexity, the number of features, the level of design customization, integrations, and the scope of implementation and support.
- Payments are made according to the milestones in the proposal, usually tied to deliveries.
- We issue the corresponding tax document. If you contract from another country, any taxes, withholdings, bank or exchange fees that apply in your country are your responsibility, unless the proposal states otherwise.
- If a payment is late, we may suspend work until it is settled, with prior notice, and timeframes are extended by the same period.
- The costs of third-party services the project needs (domains, hosting, licenses, app stores, payment gateways, messaging, APIs) are your responsibility, unless the proposal includes them.
07Scope changes
Anything not included in the accepted proposal is out of scope. If during the project you want to add or change features, we will assess the change and inform you in writing of its effect on price and timeframes. The change is carried out only after you approve it.
08Your commitments as a client
- Provide on time the information, content, access and approvals the project requires. Delays in providing them extend timeframes by the same period.
- Appoint a contact person with authority to make decisions.
- Guarantee that you hold the rights to the text, images, trademarks, data and other materials you provide to us, and that their use in the project is lawful.
- Use the solutions delivered in accordance with the law, including the data protection and consumer protection rules that apply to your business.
09Timeframes, deliveries and acceptance
The timeframes in the proposal are good-faith estimates that depend on the timely delivery of the items listed in section 8. We will keep you informed of progress.
At the end of each stage, we will present the deliverables for you to review within the period stated in the proposal or, if none is stated, within 10 business days. If you find differences from what was agreed, you will tell us in writing and we will correct them. If there are no comments within that period, or if you start using the deliverables in real operation, the stage is considered accepted.
10Intellectual property of what we build
- What we develop for you is yours. Once the full price of the project has been paid, we assign to you the economic rights to the source code, designs and other deliverables created specifically for your project, and we hand over the code and the relevant access.
- Ashperion’s own tools. We retain ownership of the tools, libraries, components, templates and know-how we already had or develop for general use. If they form part of your solution, we grant you a non-exclusive, perpetual license at no additional cost to use them within it.
- Third-party components. Open-source software, fonts, images and third-party services included in the project are governed by their own licenses, which we will inform you of.
- Until the full amount is paid, the rights to the deliverables remain with Ashperion, and their use is authorized for review only.
- Portfolio. We may mention your name or brand and show the project in our portfolio, without disclosing confidential information, unless you ask otherwise in writing.
11Confidentiality
Both parties will keep confidential the non-public information they receive from each other in connection with the project (commercial, technical, financial, client information or access credentials) and will use it only to carry out the project. This obligation continues after the project ends. It does not apply to information that is public, that the party already knew lawfully or that must be disclosed by law or by order of an authority.
12Personal data in your project
If during the project we need to access personal data of your customers, employees or users, we will act as processor: we will process it only to carry out the assignment and according to your instructions, with confidentiality and appropriate security measures, and when it ends we will return or delete it as agreed. You, as controller of that data, must have a legal basis to process it and must inform the data subjects. When the project requires it, we will sign a specific data processing agreement. For the data we process as controller, see our Privacy Policy.
13Warranty and support
- We will fix free of charge any errors attributable to our work that you report within the warranty period in the proposal or, if none is stated, within 30 calendar days from final delivery.
- The warranty does not cover scope changes, improvements, failures caused by changes made by third parties or by you, misuse, or changes to or outages of third-party services (hosting, app stores, APIs, browsers or operating systems).
- Support, maintenance and improvements after the warranty are contracted separately, as we agree.
14Liability
We provide our services with the professional diligence that can be expected. To the extent permitted by law:
- We are not liable for indirect damages, loss of profits, loss of data that was not under our control, or specific business results (sales, customers or search rankings) that depend on factors beyond our control.
- Our total liability for a project is limited to the amount actually paid for that project in the 12 months before the event giving rise to it.
- These limitations do not apply to damages caused by willful misconduct or gross negligence, nor do they limit the non-waivable rights the law grants to consumers.
We are not responsible for interruptions or failures of the website caused by third parties or by maintenance, although we will strive to keep it available at all times.
15Suspension and termination
- Either party may terminate the project if the other seriously breaches its obligations and does not remedy the breach within 10 business days of being notified in writing.
- If the project ends before completion, you will pay for the work done up to that date and the third-party costs already committed, and we will hand over what has been developed and paid for up to then.
- Neither party is liable for delays or failures caused by force majeure or acts of God, for as long as they last and provided that timely notice is given.
16If you contract as a consumer
If you contract as an individual for personal or family purposes, and not for your business or professional activity, you have the rights that the applicable consumer protection rules grant you on a non-waivable basis. Nothing in these terms limits those rights. For questions or complaints, write to us at [email protected].
17Changes to these terms
We may update these terms to reflect changes in our solutions or in the law. We will state the version and effective date at the top of the document. Changes do not affect projects already contracted, which are governed by the version in force when the proposal was accepted, unless both parties agree otherwise.
18Governing law and dispute resolution
These terms and the projects contracted with Ashperion are governed by the laws of the Republic of Chile, where the company is domiciled. Before taking any action, the parties will try to resolve their differences in good faith through direct discussion for a period of 30 days. If no agreement is reached, the dispute will be submitted to the ordinary courts of the municipality of Viña del Mar, unless the proposal or the contract provides for another mechanism.
The above does not deprive consumers of the rights and forums that the consumer protection rules of their country grant them on a non-waivable basis.
19Contact
Ashperion SpA · Chilean tax ID (RUT) 78.546.832-5 · Villanelo 180, office 606, Viña del Mar, Valparaíso Region, Chile.
Business inquiries: [email protected] · Legal matters: [email protected].