Terms of Service

1. Acceptance of Terms

By accessing or using the MongiCore SAS website (mongicore.com) or any platform, application, or service operated by MongiCore SAS (“Company”, “we”, “us”, or “our”), you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you are accessing our services on behalf of a legal entity, you represent that you have the authority to bind that entity to these terms. If you do not agree, you must not use our website or services.

2. Services

MongiCore SAS provides the following categories of services:

• Custom software development (web, mobile, APIs, backends)
• Mobile application development for iOS and Android
• Cloud hosting, VPS, and managed server services
• Artificial intelligence and machine learning solutions
• Educational technology platforms and training programs
• Support and maintenance for third-party platforms

Specific service engagements (timelines, deliverables, pricing, SLAs) are governed by individual written agreements or purchase orders. These Terms apply to all engagements in the absence of a separate agreement.

3. User Accounts

To access certain services or platforms operated by MongiCore SAS you may be required to create an account. By creating an account you agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and access credentials
• Notify us immediately of any unauthorised use at admin@mongicore.com
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms, involve fraudulent activity, or where required by law.

4. Payments & Billing

All fees for services are quoted in the currency specified at the time of purchase. By providing payment information you authorise us to charge the applicable fees via our payment processors (Stripe or Wompi).

• Subscriptions are billed in advance on the agreed billing cycle (monthly or annually).
• One-time services require payment according to the milestones or schedule in the project agreement.
• Refunds are processed at our discretion. Digital services delivered and accepted are generally non-refundable; contact us within 7 days of a charge if you believe an error occurred.
• Failed payments may result in service suspension after a 3-day grace period and termination after 30 days.

Prices are subject to change with 30-days’ notice for subscription services. Tax obligations are the responsibility of the client in their respective jurisdiction.

5. Intellectual Property

All content, trademarks, logos, source code, documentation, and intellectual property displayed on or forming part of MongiCore SAS websites, products, and platforms (“Proprietary Materials”) are owned by MongiCore SAS or its licensors and are protected by Colombian and international intellectual property law.

You may not reproduce, distribute, modify, publicly display, create derivative works from, or exploit any Proprietary Materials without prior written consent from MongiCore SAS. For bespoke software development projects, ownership of deliverables is governed by the individual project agreement; in the absence of such agreement, all IP remains with MongiCore SAS until full payment is received.

6. User Obligations

When using our services you agree to:

• Comply with all applicable laws and regulations in your jurisdiction
• Use services only for lawful, legitimate business or personal purposes
• Maintain the confidentiality of any non-public information shared by MongiCore SAS
• Ensure that any content you upload or transmit does not violate third-party rights
• Provide accurate and timely information required for service delivery
• Promptly notify us of any security incidents or suspected breaches

7. Prohibited Activities

The following activities are strictly prohibited:

• Attempting to gain unauthorised access to our systems, infrastructure, or other users’ accounts
• Transmitting malware, viruses, ransomware, or any malicious code
• Conducting DDoS attacks, port scans, or vulnerability probing without explicit written authorisation
• Using our services to send unsolicited bulk communications (spam)
• Reverse-engineering, decompiling, or disassembling our proprietary software
• Scraping, crawling, or automated data extraction from our platforms without authorisation
• Using our services for illegal activities including fraud, money laundering, or distribution of unlawful content
• Impersonating MongiCore SAS, its employees, or other users

Violation of these prohibitions may result in immediate account termination and legal action where applicable.

8. Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, MongiCore SAS expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that: (a) services will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the website or servers are free of viruses or harmful components; or (d) results obtained from use of our services will be accurate or reliable.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall MongiCore SAS, its directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of (or inability to use) our services, including but not limited to loss of revenue, loss of data, loss of goodwill, or business interruption.

In any event, the total aggregate liability of MongiCore SAS to you for all claims arising from or relating to a specific service shall not exceed the total amount paid by you to MongiCore SAS for that specific service in the twelve (12) months preceding the claim. Nothing in these Terms limits liability for death, personal injury, or fraud caused by our negligence.

10. Indemnification

You agree to defend, indemnify, and hold harmless MongiCore SAS and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our services in violation of these Terms; (b) your violation of any third-party rights; or (c) your violation of any applicable laws or regulations.

11. Third-Party Links & Services

Our website and platforms may contain links to third-party websites or integrate with third-party services. MongiCore SAS is not responsible for the content, privacy practices, availability, or terms of service of any external sites or services. Links do not constitute endorsement.

Your use of any third-party services integrated into our platforms (payment processors, email providers, analytics) is subject to those providers’ own terms and privacy policies.

12. Service Availability & SLA

MongiCore SAS targets 99.9% monthly uptime for managed hosting and platform services. Planned maintenance will be communicated at least 24 hours in advance where reasonably practicable. Emergency maintenance may be performed without prior notice.

• Uptime is calculated excluding scheduled maintenance windows
• Service credits for qualifying downtime are available upon written request within 30 days of the incident
• We reserve the right to modify, suspend, or discontinue any part of a service with 30 days’ written notice, except in cases of security threats or legal requirements

13. Termination

Either party may terminate a service engagement by providing written notice in accordance with the applicable service agreement. In the absence of a specific agreement, either party may terminate on 30 days’ written notice.

MongiCore SAS may suspend or terminate your access immediately and without notice if you: (a) breach these Terms; (b) engage in fraudulent or illegal activity; (c) pose a security risk to our infrastructure or other users; or (d) fail to pay amounts due after a 30-day cure period. Upon termination, your right to use the applicable services ceases. Sections 5, 8, 9, 10, and 14 survive termination.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Colombia, without regard to conflict-of-law principles. Any disputes arising from or relating to these Terms or your use of our services shall first be subject to good-faith negotiation between the parties for a period of 30 days.

If the dispute cannot be resolved by negotiation, it shall be submitted to the exclusive jurisdiction of the competent courts of Bogotá D.C., Colombia. If you are a consumer in the EU, you may also use the EU Online Dispute Resolution platform at ec.europa.eu/odr.

15. Modifications & Severability

MongiCore SAS reserves the right to modify these Terms at any time. Material changes will be notified by updating the “Last updated” date and, where practicable, by email or prominent notice on our website. Continued use of our services after changes take effect constitutes your acceptance of the revised Terms.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

These Terms, together with our Privacy Policy and any applicable service-specific agreement, constitute the entire agreement between you and MongiCore SAS with respect to the subject matter herein.

16. Contact

For legal enquiries or questions about these Terms: