1. General Terms
By accessing the website at https://converstaff.com you are agreeing to be
bound by these terms of service, all applicable laws and regulations, and agree
that you are responsible for compliance with any applicable local laws. If you
do not agree with any of these terms, you are prohibited from using or
accessing this site. The materials contained in this website are protected by
applicable copyright and trademark law.
2.1. The Developer hereby declares to
possess the rights, licenses and pertinent authorizations to the necessary
tools for the development and implementation of the Platform. The intellectual
property of all development will be exclusively the property of the developer.
2.2. The Developer grants to the
Client a non-transferable, non-sub-licensable, non- exclusive, temporary,
territorially limited and onerous license for the use of the Platform and all
modifications and adaptations made. The license is restrictive and does not include
the power to exploit the Platform or use the Platform for anything other than
the situations defined in these Terms and Conditions. The license of use
implies both the possibility of using the application by the members,
contractors, employees, users, of the client, as well as the possibility of
inviting users to participate in the same application. In any case the user
limited license of use.
2.3. All text, graphics, user interface,
visual interface, photograph, brand, logo, sound, music, illustration, content
and programming code, whether source or object included, among other aspects,
design, structure, expression, “aspect and appearance” and the disposal of such
content on the platform, is exclusive property of the Developer or licensed by
the Developer, and is protected by copyright, patent, trademark, and
international intellectual property treaties.
2.4. Permission is granted to
temporarily integrate one copy of the materials (information or software) on
Converstaff’s website for personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license
you may not:
– Modify or copy the materials;
– Use the materials for any commercial purpose, or for any public display
(commercial or non-commercial);
– Attempt to decompile or reverse engineer any software contained on Converstaff’s
– Remove any copyright or other proprietary notations from the materials; or
– Transfer the materials to another person or “mirror” the materials on any
This license shall automatically
terminate if you violate any of these restrictions and may be terminated by
Converstaff at any time. Upon terminating your viewing of these materials or
upon the termination of this license, you must destroy any downloaded materials
in your possession whether in electronic or printed format.
3.1. For the effects
of these Terms and Conditions, the Parties understand by “Confidential
Information” the non-public information that the Developer identifies as
confidential or that in the event of being revealed, should be treated as
confidential. Confidential Information includes, without limit to, information
related to the Developer’s software or hardware products, irrespective of
whether they have been released for sale, offered in the market or promoted in
any way; the practices or commercial policies of the Developer; its technical
and financial knowledge; source and object codes; plans for future products;
commercialization plans; specifications; formulas; settings for teams and
networks; business strategy; inventions; discoveries; improvements; industrial
secrets; interfaces; graphic designs; GUI; client data; users and employees;
general “know-how”; drawings and models; algorithms; pricing information; ideas
and any other information belonging to or in possession of the Developer,
whether supplied by the Client or any other manner. For the effects of these
Terms and Conditions, all the information that is provided to the Client or
that the Client becomes aware of during the use and implementation of the
Platform for the Client, whether the information belongs to the Developer or a
Third Party, will be considered Confidential Information, without any need to
indicate it as such.
the above, the following will not be considered Confidential Information:
(I) is or becomes public and available in such a way that it does not
constitute a violation by the Client of any obligation to the Developer;
(II) or that was known by the Client before the Developer made the Client aware
of said information;
(III) or that the Client became aware of by a different source than the
Developer and that would not represent a violation of any confidentiality obligation
to the Developer or
(IV) that has been developed independently by the Client.
3.3. The Client
declares to know that the Confidential Information is private and its
disclosure would cause irreparable damage to the Developer, its partners or
clients. As such, the Client will not reveal any Confidential Information to
third parties, under any circumstance, without previous written authorization
from the Developer.
3.4. The Client is
expressly obligated to take all the necessary measures to protect, under the
strictest confidentiality, all the Confidential Information that they are
supplied with, and must take measures that as at least as effective as the
measures they take to protect their own Confidential Information. In
particular, the Client must protect the Confidential Information from illicit
acts by third parties, such as thievery or spying. If by a judicial order the
Client is obligated to share all or part of the Confidential Information, the
Client will be able to comply with this requirement having previously notified
the Developer within twenty four (24) hours of receiving the judicial
notification in the interest of the Client proceeding to take the actions that
are necessary to protect their interests.
3.5. The obligations
of confidentiality and the use of confidential information contained in these
Terms and Conditions have an indefinite validity.
3.6. The Parties recognize
that the Developer will suffer an irreparable damage as a consequence of the
violation of the obligations contemplated here, and as such any breach by the
Client of the assumed obligations in these Terms and Conditions will enable the
Developer to take the necessary legal actions to reclaim the losses and damages
that the Client inflicted or could inflict, including all Lawyer’s fees and
costs incurred by the Developer.
3.7. The Developer
will be able to use the implementation of the Platform by the Client for
marketing uses, such as case studies, provided that it is for lawful purposes
and that in no case the image and prestige of the Client is affected.
4.1. If any part of
these Terms and Conditions is illegal, null or inapplicable, said term will be
considered separable from the Terms and Conditions and will not affect the
validity and applicability of the rest of the terms.
4.2. The allowance
of any breach of these Terms and Conditions will not imply an acceptance of
future breaches with respect to these obligations.
4.3. The Parties
will be able to modify the present Terms and Conditions at any time by mutual
II. TERMS OF SERVICE
The services will be
provided by Converstaff.
1. ANNUAL AND
1.1 The Client
agrees to make payments for the services in advance at the beginning of each
period. In the event that the respective payment is not made, the provider has
the right to block access to the account within 30 days of the failed payment.
Additionally, the client must pay the amount of the corresponding payment along
with a penalty of 1% for every day it is overdue.
1.2 The Client is
able to cancel the monthly plan at any moment, without any refund of
subscriptions for months already paid from the developer.
If the client cancels the yearly plan they can get a partial refund. However,
in this case, the monthly service rate will be applied to previously rendered
services. The balance to be refunded will be equal to the monthly fee for the
service plan the Client has selected multiplied by the number of remaining
calendar months, during which no services have yet been rendered. No previously
applied discounts or credits can be applied. So, The Client can expect a
The above isn’t applicable during trial version.
2. GUARANTEES AND
LEVELS OF SERVICE
2.1. The provider
offers a guarantee of the functionality of the platform for use made in
accordance with the terms and conditions of this proposal and its Annexes.
2.2. The Provider
guarantees a monthly service availability rate of 95%.
2.3. The monthly
service availability rate will not be affected, and the Provider will not be held
responsible for performance or availability problems:
As a result of
factors beyond the reasonable control of the Provider (for example, a network
or device error on the client’s end, between our servers and the Client’s, or
failing of the internet provider of the Client or the Provider;
As a result of the
Client or a third party’s hardware, software, or services.
As a result of the
actions or omissions of the Client or a third party.
During use of the
preliminary versions (ex. preliminary technical versions, alfa versions, beta,
as determined by the provider);
Attributed to the
actions or omissions of the client or their employees, agents, contractors,
suppliers, representatives, or any other person who obtains access to the
Platform through the passwords and equipment of the Client.
about the unavailability of the servers of the Platform. The client will
provide the Provider with all of the reasonable details related to the claim,
including, but not limited to, detailed descriptions of the incident, the
duration, network tracking routes, and any attempts by the Client to resolve
the incident. The client must present any claim with sufficient evidence to
2.5. The Provider
provides all of the reasonable information necessary for validating the claim
and will use good judgment in determining if the level of service guaranteed
applies to the claim. In the affirmative case, the platform’s downtime will be
added to the current month’s bill.
2.6. The Provider
will reimburse the Client a maximum of 25% of the monthly bill if the
Platform’s imputable downtime according to the levels of service is less than
97%. The reimbursement will be made in the form of a discount to the monthly
bill following the month affected by the claim.
2.7. The Provider
will provide technical assistance, correction of bugs and training in order to
resolve any problems that can come with launching the platform for the Client.
It will also create the necessary manuals so that the Client can train its own
dependents to use the Platform, provided that the manuals and tutorials
available within the Platform itself prove to not be sufficient, at the
discretion of the Client.
1.1. These Terms of
Use, hereinafter the “Terms”, apply to all uses of the website Converstaff.com
and its derivatives (the “Platform”). Any person who does not accept these
terms must refrain from using the platform.
1.2. The terms
govern the relationship between Converstaff. (the Provider), the Client (“The
Operator”), and any person who uses the platform (the “User”). The User, in
conjunction with the Provider and Operator, are will be referred to as the
“Parties”. 1.3. The user confirms and guarantees that he/she is at least thirteen
(13) years of age, and if he/she is under 13, he/she cannot, under any
circumstance, use the platform. The Provider and Operator may, at anytime,
refuse to offer the services of the Platform to any person or entity and change
the eligibility criteria at anytime.
2.1. User: is any
person who enters the platform.
User: a user enabled by the Administrator to use the Services.
User: User designated by the Operator to facilitate control and management of
Information: any information uploaded to the Platform by the User.
Content: refers to all of the content of the Platform, including all of the
source code, databases, services and functionalities, algorithms, software,
design, user interface, audio, video, text, sounds, photographs and graphics,
Brands: refers to the trademarks, trade marks, and logos within the Platform,
owned or license to the Provider and the Operator, respectively, protected by
intellectual property rights. All Provider and Operator graphics, logos,
designs, page headers, button icons, and service names are registered
trademarks, trade marks, or commercial images that are identified on the
3. Description of
3.1. Services and
Functionalities. The Platform provides the Users with a virtual collaboration
space that allows them to exchange information, files, tasks, public and
private messages, among others.
and Use of the Platform. In order to use the Platform, the User must register
their email address and provide their personal information.
of the Platform. In order to use the Platform, the Operator must designate one
or more User Administrators, with power to enable and suspend Registered Users,
upload, modify, and eliminate information. The Administrator Users are to be
considered agents representing the Operator.
technical requirements. In order to use the Platform, the User must have
devices with internet commotion of 512kbps or better, a browser compatible with
Internet Explorer 8 or better, Google Chrome 12 or better, Mozilla Firefox 8 or
better, or Safari. The correct functioning of the device is the responsibility
of the User.
to the Use of the Platform. The provider or the Operator reserve the right at
any time to interrupt, restrict, modify, temporarily or permanently, the
service functions, or information of all or part of the Platform. The User
accepts that neither the operator or Provider can be held responsible for any
modification, suspension, or interruption of the services of the Platform.
3.6. The Provider
can provide updates, new versions, improvements and aggregations of the
functions of the Platform or any other element thereof.
3.7. The Provider
4. Limited License
4.1. The Provider
grants the Operator and the User a limited, non-exclusive, non- sublicensable
and nontransferable license to access and make personal use of the Platform,
does not include: any right to use, modify, distribute, or store any content
any right to resell or use the Platform for commercial purposes or any other
derivative use of the Platform and its respective content.
4.2. The Platform
and any of its parts may not be reproduced, duplicated, copied, sold, resold,
license, rented, or exploited in any way, for any commercial purpose, without
the prior, written, and express consent of the Provider.
4.3. The Operator
and User understand and accept that the Platform is licensed for use (and not
4.4. The User may
not directly or indirectly copy, decompile, reverse engineer, disassemble,
attempt to exploit the code, modify or create tasks derived from the Platform
or its parts.
4.5. This license is
in effect as long as it is not revoked by the Provider, the Operator, or by the
prior notice in case of breach by the User of any of the conditions set forth
license, the User must stop using the Platform and destroy all copies, total or
partial, of the same and any other service or content in its possession.
4.6. The User
understands and accepts that the content, information and any material of the
Platform are protected by laws of intellectual property and other laws, and
that it will not use the contents, information or material, in any way that is
its accompanying documents.
Content” is provided for information and personal use only, and may not be
used, copied, reproduced, aggregated, transmitted, disseminated, displayed,
alienated, licensed, or exploited for any purpose without the prior written
consent of the Respective owners.
5.1. To use the
Platform, the User must have been invited by an Administrator User and provide
true, accurate, current and complete personal information.
5.2. The Provider
and the Operator reserve the right, without prior notice:
to determine the
functions, services, appearance or other characteristics that will be available
for the users use within the Platform, and
to add, modify or
remove any content, material and/or functionality that is available on the
Platform at any time and for any reason;
suspend or remove
User accounts, including their content, that have been reported for misuse of
delete the accounts, including their content, of Users in which there has been
improper use of the Platform, including falsification of identity or
affiliation with any person or entity, including the use of the username and
password of another person or other account information.
5.3. The User is
solely responsible for all the activity performed by him/her or anyone who uses
his/her account. If you believe that your account has been compromised, you
should immediately contact the Operator by email at the address indicated at
5.4. Compliance with
Acceptable Use Policies. The User agrees to use the Platform in accordance with
the Operator and /or the activity of the Operator, and the instructions of use
that the Operator imparts by any means.
5.5. The User may
not use the Platform to violate the rights of third parties, including
copyrights, and is therefore only permitted to upload contents for which he/she
owns the intellectual and/or industrial property rights and/or authorizations
of the holders of said rights.
5.6. The User agrees
to hold the Provider and the Operator, its representatives, employees,
directors and suppliers not responsible for any claim, liability, loss or
claim, including attorneys’ fees, arising out of or in relation to the content
that the User Generates and shares in the Platform; the use of the data and
personal information accessed through the Platform; to the violation of any of
violation of the rights of another person or entity.
6.1. The Operator
shall carry out the administration and internal management of the Platform for
– Maintaining the
confidentiality of the access credentials of the Administrators Users;
– Report to the
Provider and the authorities on any illegal activities carried out through
using the Platform;
– Comply with the applicable legislation on the protection of personal data and
– Only authorize
people linked to your organization as Users of the Platform;
– Not to sell or
lease the Platform, or use it in any form, free or costly, outside of what is
6.2. THE PROVIDER
LICENSES THE PLATFORM TO THE OPERATOR AND THE USER FOR THE EXCHANGE OF LICENSE
INFORMATION. THE PROVIDER HAS NO INHERENCE OR CONTROL ON THE CONTENT AND SUCH
INFORMATION PUBLISHED BY THE PROVIDER OR THE OPERATOR. THE PROVIDER DOES NOT
PARTICIPATE IN THE INTERNAL RELATIONSHIP BETWEEN THE OPERATOR AND THE USERS.
7. Warranty and
7.1. The Provider
shall not be responsible for the content or information that may be accessed
through the Platform.
7.2. The Provider
recognizes the account Operator as the sole owner of the intellectual property
of the information shared by the Users.
7.3. The Provider
provides the Platform to the Operator for its own organization and the exchange
of information by its Users. The Provider does not control or examine the
content generated by Users, does not guarantee that such content is appropriate
and /or that it does not violate legal provisions and /or that do not contain
7.4. The Provider is
not obligated to verify the identity of the Users, and is reason why it will
not be responsible in any case of illegitimate interposition of identity.
7.5. The Provider
will not be responsible for any circumstance that are outside its control or
its possibility of knowing, such as the malfunctioning of the Platform due to
congestion of the networks, the use of obsolete equipment by the Users, etc.
7.6. The Provider
shall not be liable for any direct or indirect damages arising from the use of
the Platform, or for any other claim related to any other way in which the User
uses the Platform, nor for the performance thereof, nor for errors or omissions
in any content, nor for loss or damage of any kind caused by the use of content
sent, transmitted or otherwise accessible through the Platform.
7.7. The Provider
will not be liable directly or indirectly for any loss or damage caused to the
User in relation to any content, information, opinion, recommendation or advice
expressed by a third party within the Platform.
8.1.1. Either party
may terminate this agreement at any time in accordance with the following
I) The Operator, through the administrators, will send the User an email to the
address stated in the registration process, and after a term 30 days, will
proceed to delete the account in the Platform. If the termination is based on
resolution for breach will go into effect and removal of the account may be
instantaneous from the time the Operator discovers or notices of such breach.
II) The User can terminate an account from the Platform configuration panel by
selecting the “delete user” option.
8.2.1. Breaches of
Users. The Operator is in charge of the administration of the Platform. If the
Operator warns that any User has violated any of its obligations assumed in
discretion, suspend or eliminate the User that has committed the breach,
automatically putting into effect the resolution of the Contract.
9.1. If you have any
9.2. Assignment. A
user can not assign their rights and obligations contained in these Terms of
Use without prior joint written authorization of the Provider and the Operator.
9.3. The Provider
discretion and without notice. These changes will be published through the
Provider’s Website and/or the Operator or by other appropriate means of
electronic communication, and the continuation of use of the Platform by the
Users implies the acceptance of the changes.
9.4. This statement
is subject to the United States and State of Delaware and for all intent and
purposes the parties submit to the jurisdiction of the Courts of New Castle,
State of Delaware, waiving any other jurisdiction.
9.5. These Terms of
Use together with the accompanying documents constitute the entire agreement
between the User, the Operator and the Provider in relation to the Platform,
and govern the use thereof and supersede any prior agreement between these
If any provision of this Agreement is void, invalid, illegal or impossible to
fulfill, this will not affect the validity, applicability and compliance with
the rest of its provisions.
9.7. Language. The
any other documentation intended to govern the relationship between the
Parties, shall be interpreted according to the English language version.
Converstaff may revise these terms of service for its website at any time
without notice. By using this website you are agreeing to be bound by the then
current version of these terms of service.
11. Governing Law
These terms and conditions are governed by and construed in accordance with the
laws of Wyoming and you irrevocably submit to the exclusive jurisdiction of the
courts in that State or location.