Terms & Conditions
Thank you for choosing TRUORA!
We want you to have an unforgettable experience with our services, that's why we designed this document to regulate all your interactions with our services. Below are the terms and conditions of use of the platform, please read them in detail.
Effective: Mayo 18, 2023.
The terms and conditions of use ("Terms of Use") agreed in this document are applicable to users accessing the services offered by Truora through the Platform (as defined below). These Terms of Use constitute a legal and enforceable contract between users ("You" or "User") as a current or prospective customer of Truora's services and the Truora Group ("Truora", "we", "us", or "our") and, dictate the guidelines for the use of the services offered through the Truora website (the "Platform"). Any person wishing to access or make use of the Platform or the services offered therein may do so subject to these Terms of Use, as well as the policies and principles incorporated in this document and the rules applicable in each User's jurisdiction.
By using this Platform, You accept and agree to be bound by the following Terms and Conditions of use. Please review these Terms of Use carefully and closely. The services we make available to you through the Platform are subject to these Terms of Use. In any case, any person who does not accept these Terms of Use, should abstain from using the Platform and/or acquiring the services that may be offered.
1. Truora Services.
1.1 Services. Truora is a company that is focused on providing services to other companies (B2B) through its Platform. The Platform is a cloud-based software that allows Users to perform verification, processing, analysis and automation of personal data by consulting information from public and private sources. Through the Platform, the User will be able to perform biometric validation of its end customers (the "End Customers"), as well as create WhatsApp conversation flows (collectively the "Services"). Truora offers its Services through different subscription plans (the "Truora Bags") obtained through the Platform as set forth in Section 2.
1.2 Truora makes the following Services available for purchase by the User, through Truora Bags:
- Background Checks: It involves the verification of the identity documents of natural and legal Persons (as it applies) that have some kind of commercial or legal relationship with the User, and the consultation of national and international public databases in order to obtain information on these persons.
- Validators: It involves the biometric validation of End Clients seeking to acquire products or services offered by the User, through the recording of videos or facial photos of the user, photographs that make up your identification document, electronic signature, validation of mail and cell phone through one-time verification keys.
- Flows Setup: It is the creation of communication flows where the User interacts with their End Clients through messages on the web or by communication channels such as Whatsapp.
1.3 Transactions. Each of the Services described in the present clause 1 shall be measured in volume of Transactions. Therefore, one (1) Transaction means the use of one (1) operation corresponding to the Services. Each operation of the Service shall be counted as a separate Transaction.
1.4 Flows SetUp - ownership of the Whatsapp line. The User acknowledges that the WhatsApp Api line belongs exclusively to Truora, so once the business relationship ceases, Truora will retain ownership of the line.
2. Truora Bags.
Truora provides Users with different Service plans, which will have variable costs depending on the Services they contain and the volume of Transactions of each Bag. The cost resulting from the use of the Platform will depend on the type of Bags chosen by the User. Only the Services expressly mentioned in each Bag shall be understood to be included for the established value.
2.1 Additional Transactions In case the User uses all the Transactions of his Truora Bag´s, then the price of the additional Transactions will be subject to the conditions of the purchased Truora Bags.
2.2 Term of the Truora Bags. Truora Bags will be valid for the period of time established in the specifications of each Truora Bags, which shall not exceed one (1) month. The User acknowledges that unconsumed Transactions will expire according to the expiration date of the Truora Bags. The Truora Bags will be automatically renewed on the date of the fulfillment of the month-anniversary.
3. Platform Registration.
3.1 Truora Account. To use the Services, You must open a login account on the Platform (the "Truora Account"). At the time of registration, the Platform will ask you to enter the email address with which you want to access the Platform, your full name and the name of the user you want to have.
3.2Truora Account Activation. Once the data is submitted, Truora will send you an email for the confirmation of your Truora Account. After confirming the data, your Truora Account will be activated and you will be able to start enjoying the services available to you.
3.3 The Truora Account corresponds to the credentials that the User has to access the Platform, and only one Truora Account will be enabled for each User. Users will be able to access the Services as long as they have an active Truora Account and have registered their payment information. The Services may be accessed on tablets, cell phones and computers with Android or iOS operating systems.
3.4 You must select the type of Bags you would like to purchase. To do so, you must select the Truora Bags that best suits the Services you are looking for. Afterwards, you must fill out a payment form in order to activate your Truora Account. The information requested may include, among others: full name or company name, ID number, email, cell phone number and credit card information.
3.5 Accuracy of information. The User must provide accurate and complete information in response to questions on the Platform and must keep such information up to date. You are fully responsible for all activity that occurs on your Truora Account, including any actions taken by persons to whom you have granted access to the Truora Account. We reserve the right to suspend or terminate the Truora Account and deny you present and/or future use of the Platform if we suspect that the User has provided information that is untrue, inaccurate, not current and/or incomplete (or that has become untrue, inaccurate, not current or incomplete).
3.6 Additional user activation. Based on the specific conditions of the Truora Bags, the Truora Account may be associated with a number of Users who have access to the Platform.
Truora reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without giving rise to any right to compensation or indemnification.
4. Payment of the Truora Bags.
4.1 Payment method. Truora will invoice the value of the Truora Bags chosen by the User through one of our allied platforms, at the moment of selecting his/her own Truora Bags. The payment will be made by automatic debit to the card that the User has filled out in the platform of our allies. The User expressly authorizes the debit of the bank account or credit card for the payment of the Truora Bags and accepts the agreed method, which will be carried out by the financial institution that you indicate. Except in the case of Flows SetUp, since the payment platform will be exclusively through Srtipe. In case of any error in the debited value, you must jointly and simultaneously inform the financial entity and Truora of this situation.
4.2 Automatic Renewal. The User acknowledges and accepts that his/her Truora Bags subscription will be automatically renewed for the same period of time purchased. Therefore, the User accepts that Truora will automatically debit the cards registered for payment of the Truora Bags.
4.3 The User acknowledges, agrees and authorizes Truora to charge all amounts owed by the User (including any subsequent taxes or fees, as applicable) that correspond to or are associated with the User's Truora Account.
4.4 Each User shall undertake the responsibility to maintain available funds on the cards designated for billing, so that payments to Truora can be charged, deducted or debited, as appropriate. All payments made are non-refundable except as provided by law.
4.5 In case that for some reason beyond Truora's control, Truora is unable to automatically debit your card, the User agrees to provide another method of payment within a maximum of 15 days of notification of the impossibility of charging. If after this time the error has not been corrected and the User persists in default, then access to the Truora Account may be temporarily blocked and the Services suspended, until the payment is confirmed. If the User fails to make the payment within a period of time corresponding to two (2) calendar months or is in arrears on more than three (3) occasions in the last twelve months, Truora may delete the User's Truora Account.
4.6 Truora reserves the right to modify, change, add, or delete the value of the Bags offered, at any time, which will be notified to the User by any means Truora deems convenient.
5. Cancellation Policy.
The User may request the termination of his/her Truora Bags at any time he/she so desires, however, the Services will be available until the termination date agreed upon in his/her Bags, and, after this date, the subscription to the Truora Bags will be understood as canceled. For this reason, the User acknowledges and accepts that under no circumstances will Truora refund the money paid for the Bags..
6. Modifications, Suspension and Notifications.
6.1 Modifications. We reserve the right to modify and revise the Terms of Use at any time without notice. When a modification is implemented, Truora will post the updated Terms of Use ("Updated Version") on the Platform so that Users may become aware of the applicable changes. In addition, Truora will notify its Users via the email address provided or by any other means Truora deems appropriate, of the Updated Version. The Updated Version will be effective upon posting and will not be applied retroactively. Users have the option to expressly accept the Updated Version. Notwithstanding the foregoing, the User's continued use of the Services after the publication of an Updated Version shall constitute tacit acceptance of such Updated Version.
Likewise, Truora reserves the right to modify without prior notice the design, presentation and/or configuration of the Platform, as well as some or all of the Services, and/or to add new services.
6.2 Electronic Consent. You agree that Truora may send statements and notices as required by law, send push notifications through the Services, or by WhatsApp to the number registered to your Truora Account or by any other means it deems appropriate. You are responsible for managing your email account and providing Truora with your most current email account. Electronic information and notices have the same meaning and effect as if they had been delivered to you in hard copies on paper. For notice purposes, You are deemed to have received this information and notices within 24 hours from the time posted on our the Platform, or within 24 hours from the time they were sent to You by email or WhatsApp. In the event that the last email address You provided to Us is invalid, or for any reason is unable to send You the notice described above, Our sending of the email containing such notice shall nonetheless constitute effective notice of the changes described therein.
7. User Responsibilities and Duties.
7.1 You are solely responsible for maintaining the confidentiality of your Truora Account, as well as your Platform login information and for restricting access to the Services from your compatible devices; therefore, you are fully responsible for the activities that occur under your Truora Account. You agree to immediately notify Truora about any fact that allows the improper use of the information registered in such forms, such as theft, loss, or unauthorized access to accounts and/or passwords, in order to proceed to its immediate cancellation. Truora will not be responsible in any case for any loss or damage arising from your failure to comply with the requirements set forth in this Section.
7.2 It is the User's responsibility to use the Platform in accordance with the way it was designed; in this sense, the use of any type of software that automates the interaction or downloading of content or services provided through the Platform is prohibited. The User agrees to use the information, content or services offered through the Platform in a legal way, without contravening the provisions of these Terms and Conditions, morality and / or public order, and shall refrain from any act that may involve an affectation of the rights of third parties, or otherwise impair the operation of the Platform.
7.3 In cases where the User corresponds to a company, it must be properly constituted and the person in charge of the Account Truora have the powers to represent, contract and bind the User and under the terms of this contract, capacity which declares to have. The User has the required authorizations to be bound under these Terms of Use. No authorization from any authority other than a corporate entity is required for the execution and performance of this document.
7.4 Where the User is an individual, the User must be of the age of majority required under applicable law to use the Platform. If you reside in a jurisdiction that restricts the use of the Platform on the basis of age or restricts the ability to enter into contracts such as this one on the basis of age, you must ́ respect these age limits and refrain from using the Platform.
7.5 General duties. The User declares that he/she will fulfill the following duties
- He will not use an account that is subject to any rights of a person other than his own without proper authorization.
- You will not impair the proper functioning of the network, or attempt to damage the Platform in any way.
- You will not copy or distribute the Platform or any content without written permission.
- You will comply with all applicable laws of your country of residence and of the country, state or city in which you are located when using the Platform or the Service.
- You will comply with all obligations of these Terms of Use.
7.6 Specific duties and responsibilities In addition and in relation to the Services used through the Platform, the User, as Responsible for Personal Data is obliged to:
- To have prior, express and informed authorization from the Holders of the for the Processing of the information by Truora.
- Inform Truora in case of updating, rectification, revocation of the authorization and/or request for suppression of the data submitted by the data owner.
- Include in the purposes of the authorization for the processing of personal data the processing of such data by Truora.
- Update the information corresponding to the Personal Data, communicating in a timely manner to Truora, all developments regarding the data previously provided and take other necessary measures to ensure that the information provided to it is kept up to date.
- Rectify the information of the Personal Data when it is incorrect and inform Truora about it.
- To keep proof of the authorization granted by the Personal Data Holders for the treatment of the same.
- Collect the Personal Data in a lawful, consented, free and free of vices in the terms established in the applicable law in force.
7.7 Truora reserves the right to immediately terminate your service and use of the Platform in the event that you fail to comply with any of the above rules and obligations.
8. User Restrictions.
8.1 The rights granted to the User in these Terms of Use for the use of the Platform are subject to certain restrictions. The right of use granted by contracting the Services is non-transferable, revocable, non-exclusive and limited to use by the User for the purposes defined by the nature of the Services and not for exploitation or commercialization by the User. No User may or should allow any third party to perform any of the following actions, either directly or indirectly:
- Access or monitor any material or information on any Truora system using any manual process or means such as robot, spider, scraper, integrations, available APIs or any other automated means;
- Violate the restrictions of any of the Services' robot exclusion headers, use alternative paths, omissions or circumventions of any of the Services' technical limitations, use any tools to activate functions or features that are disabled in the Services, or decompile, disassemble or reverse engineer the Services, decompile or otherwise attempt to discover the source code, object code or structure of the Platform, except to the extent such restriction is expressly prohibited by applicable law;
- Perform or attempt to perform actions that interfere with the proper working of the Services, or add an unreasonable or disproportionately large load to our infrastructure;
- Obtain or attempt to obtain access to any Truora confidential information through any means. Using bots, automation code and/or malware that is intended to steal confidential information;
- Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or otherwise distribute Truora material, information or Services;
- Transfer any rights granted to You under these Terms and Conditions;
- Use the Services for any illegal domestic or International activities or products in any manner that exposes you, our partners or Truora to any harm; or
- Use the Services in any other manner except as expressly permitted under these Terms and Conditions.
- Use the Platform for the purpose of causing moral harm to another by using Holder information.
- Use the Platform for the purpose of causing pecuniary damage to the Holder.
- Use the Platform with the purpose of usurping the identity of the Holder.
8.3 Truora reserves the right to immediately terminate the Services and your use of the Platform in the event that you breach any of the above rules and obligations.
9. Questions, Complaints, Claims and Suggestions.
Truora places on its Platform a PQRS button for Users to process their questions, suggestions, complaints and/or claims (the "Consultation"). Any request in relation to the Services obtained may be processed through the Consultation.
10. Platform Access.
10.1 Operating Requirement. In order to use the Platform and the Services on the Platform, the User must have a data network connection. Each User is responsible for acquiring and updating compatible hardware and software or devices necessary to access and use the website, mobile applications and any updates to these.
10.2 Truora does not guarantee access to the Platform, or the content, so it will not be responsible for this, is free of errors, malicious software, or that may cause any damage to software or hardware on the computer through which the User accesses the Platform. Truora is also not responsible for any damage that may be caused by improper use of the Platform and in no case shall be liable for any loss, damage or harm of any kind arising from the mere access or use of the Platform.
10.3 By purchasing the Services the User agrees that: (i) it is responsible for reading the Terms and Conditions before committing to purchase the Services; and (ii) it enters into a legally binding contract to purchase the Services. The prices charged by Truora for using the Services are listed on the Platform.
11. Third Party Personal Data.
11.1 The User acknowledges and declares that, by virtue of the provision of the Services, the User will act as Responsible for the Personal Data of the End Clients or third parties, and, therefore, will collect, store, use, circulate or delete the Personal Data in compliance with the current and applicable legislation. Likewise, the User will transmit the Personal Data to Truora, so that Truora, in its capacity as Processor, will treat the Personal Data in accordance with the applicable law and with the provisions of these Terms and Conditions and the Privacy Policy.
11.2 The User undertakes to request the respective authorization from each of the owners of the Personal Data where the Processing by the Data Processor is authorized.
11.3 The User guarantees that within the purposes communicated to the Holders is the treatment of the same by Truora and each of the purposes.
11.4 The User acknowledges that Truora does not monitor or assume responsibility for how the User provides Personal Data information from third parties, how they process this Personal Data and any request for information regarding the disclosure of such Personal Data by the User should be addressed to the User. The User shall inform the third parties whose Personal Data they disclose to Truora of the content of Truora's Privacy Policy indicating the site where they can consult it.
11.5 Purpose and Scope. The Responsible Party's Personal Data will be subject to Processing by the Data Processor solely and exclusively for the performance of the Services described in these Terms and Conditions. Therefore, the Personal Data will be used by the Data Processor only for the development of the following activities and purposes on behalf of the Responsable:
- Validation of judicial records in different public databases;
- Confirmation of metrics to validate identity;
- Sending messages through automated bots.
- For any other purpose related to the fulfillment of the contractual relationship between the Data Controller and the Data Processor.
11.6 Specific obligations of Truora. In its capacity as Processor, Truora is obligated to the holders of Personal Data and to the User to:
- To treat, on behalf of the Controller, the Personal Data in accordance with this Agreement and in accordance with the principles that protect them.
- To safeguard the security of the databases containing Personal Data.
- To keep strict confidentiality with respect to the Processing of Personal Data.
- Guarantee to the Data Controllers the full and effective exercise of their rights associated with the protection of Personal Data.
- Timely update, rectify or delete the Data in compliance with the applicable law.
- Update the information reported by the User within five (5) business days from its receipt.
- To process the queries and claims made by the Data Owners in the terms indicated by the User.
- Carry out the processing of Personal Data in accordance with the User's processing policy and in accordance with the purposes established by the same.
12. Privacy and Data Protection Policy.
12.1 Truora is committed to the security of the information of its Users and their End Clients, and therefore has adopted technical and organizational measures that aim to protect the information against destruction, accidental loss, alteration and against unauthorized access, use, modification or disclosure.
12.2 Truora does not guarantee that unauthorized third parties cannot exceed these measures or use the information for improper purposes. Therefore, the User acknowledges that he/she provides his/her information and the information of his/her End Clients at his/her own risk and likewise undertakes to adopt the necessary measures within his/her reach to ensure the privacy of the personal data collected in order to guarantee its security and avoid its alteration, loss or unauthorized processing.
12.3 Privacy. All Users shall abide by Truora Privacy's Personal Data Processing and Privacy Policy ("Privacy Policy"). By using any of the Services, you agree to our processing policies that apply to your Personal Data and to third party personal data provided by you.
12.4 The Privacy Policy explains how Truora collects, uses and protects the Personal Data You provide to Us when Truora makes use of the Personal Data to provide the Services to You or for its own purposes. Users are encouraged to familiarize themselves with the Privacy Policy before using the Platform and purchasing the Services.
12.5 Truora reserves the right to modify its Privacy Policy, according to its needs or in accordance with each applicable legislation. Access or use of the Platform by the User after such changes will imply acceptance of these changes.
13. Property and Copyrights.
You acknowledge and agree that all intellectual property rights, including but not limited to copyrights, patents, trademarks, software development, logos and trade secrets, contained in the Platform belong exclusively to Truora or its suppliers. The User acknowledges that neither these Terms of Use nor access to the Platform confers any right or title in intellectual property rights. Likewise, the User accepts that he/she is not authorized in any case to reproduce, transfer, sell, rent or lend Truora's intellectual property and therefore agrees not to transfer its partial or total use in any way, as well as not to disclose it, publish it, or make it available to other people in any other way.
14. Cookies and other technological tools.
Truora makes use of cookies and similar technologies to personalize and enhance the User experience, as well as to show you relevant online advertising. Cookies are small text files that contain a unique identifier that is stored on the computer or mobile device through which you access the website and/or mobile applications, so that they can be recognized each time you use the website and/or mobile applications. The User may choose to disable some or all of the cookies we use at any time. However, this may restrict your use of the sites and limit your experience on the site. The use of cookies does not contain or affect personal data and poses no danger of viruses.
15. Third party links
Truora contains links to third parties within the Platform, such as payment gateway providers for debiting Truora Bags. Therefore, the Client acknowledges that it is his/her responsibility to carefully read the terms and conditions of such third party providers, as well as their privacy policy and other documents governing their contractual relationship. Truora has no influence on the conditions of such third parties, so it will not be responsible for the conditions of such platforms.
16. Indemnity.
16.1 You release Truora from all liability and agree to hold Truora and our respective employees, directors, agents, affiliates and representatives harmless from any claim, cost, loss, damage, judgment, tax assessment, fine, interest; injury, damage, liability and/or contingency (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, action, audit, investigation, inquiry or other proceeding brought by any person or entity arising out of or relating to: (a) any actual or alleged breach of your representations, warranties or obligations acknowledged in these Terms and Conditions; (b) the improper or inappropriate use of the Services; (c) the violation of any rights of any third party, including any right of privacy, publicity or habeas data; (d) the violation of any law, rule or regulation in any country; (e) the access and/or use of the Services with your unique name, password or other appropriate security code by other parties; (f) any complaint, claim, or damage caused by your End Clients and/or third parties in connection with your use of the Services; and, (g) your failure to comply with any provision regarding the protection of the owners of Personal Data.
16.2 The User expressly waives the right to file any claim, lawsuit or judicial and/or administrative action against Truora, its administrators, representatives and shareholders, as the User understands and accepts that Truora's work is limited to providing information found in different publicly accessible databases. Consequently, Truora shall not be liable for any damage or harm that the User or its End Clients may suffer due to or in connection with the use of the Services through the Platform.
17. Limitation of Truora's liability.
17.1 The User acknowledges that Truora's Services are merely informative, so in no case should they be interpreted as an absolute classification of the Owners. In this sense, the User acknowledges that it is his/her sole responsibility to verify the information available on the Platform and releases Truora from any responsibility for the decisions that the User makes based on the information provided under the Services.
17.2 In no event shall Truora, nor its personnel, nor any party involved in the production of the Services be liable for any direct or indirect damages or intangible losses arising in connection with these Terms and Conditions.
17.3 Truora shall be solely and exclusively liable to third parties and to the User, in those cases in which Truora's gross negligence or willful misconduct is proven in the cause that originated the damage or event for which it is liable. Likewise, Truora shall be solely and exclusively liable up to the total value of the invoice of the value of the User's Bag.
18. Arbitration Clause.
18.1 Disputes arising in connection with the subject matter of the Terms and Conditions and the Services provided by Truora, their performance, interpretation, validity, obligations of the parties, value, settlement or termination, as well as any claim, controversy or dispute between you and Truora, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or after the term of these Terms and Conditions, shall be subject to this clause.
18.2 Before arbitration is initiated, you and Truora agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the dispute informally and directly. Both parties acknowledge that this is a fundamental and indispensable requirement for proceeding with arbitration, and that a breach of this requirement would involve a material breach of the Terms and Conditions.
18.3 Disputes that cannot be resolved directly between the parties shall be resolved by an Arbitration Tribunal filed with the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, which shall be subject to its regulations and the procedure contemplated therein, in accordance with the following rules:
a) The Tribunal shall be composed of one (1) arbitrator appointed by the parties by mutual agreement. If this is not possible, the arbitrators shall be appointed by the Arbitration and Conciliation Center of the Chamber of Commerce, at the request of any of the parties.
b) The Tribunal shall decide in law.
c) The Tribunal will meet at the facilities of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce.