Terms and Conditions

‍This contract describes the general terms and conditions (the "General Terms and Conditions") applicable to the use of the services offered by Burnout-Zero SpA ("the Services") within the website www.burnout-zero.com ("Burnout-Zero" or the "site").Anyone who wishes to access and/or use the site or the services may do so by accepting these General Terms and Conditions, along with all other policies and principles that govern Burnout-Zero and are incorporated herein by reference. Access and use of this website and the use of all the information contained therein are governed by the General Terms and Conditions described below, as well as by the applicable legislation in the Republic of Chile. Therefore, all visits and all contracts and transactions made on this site, as well as their legal effects, shall be governed by these rules and subject to that legislation. ANY INDIVIDUAL - NATURAL OR LEGAL - WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES OFFERED ON IT.

The user and the client, respectively, must read, understand, and accept all the conditions set forth in the General Terms and Conditions and in the Privacy Policy, as well as in the other documents incorporated therein by reference, prior to their registration or enrollment as a user or client of Burnout-Zero. For the purposes of these General Terms and Conditions, the following terms shall be understood as: Client: Any individual, natural or legal, who - upon payment of the respective fee - acquires one or more of the findings or results of the users. Users: Any natural person of legal age who completes the surveys provided by Burnout-Zero on its web platform.

01 - Capacity

The Services are only available to individuals who have the legal capacity to enter into contracts. Persons who do not have that capacity, minors, or users of Burnout-Zero who have been temporarily suspended or permanently disabled may not use the services. Whether a company registers as a user or a client, the person doing so on its behalf must have the capacity to contract on behalf of that entity and bind it under the terms of this agreement.

02 - Subscription

It is mandatory to complete the subscription form, either as a user or as a client, filling in all fields with valid data in order to use the services provided by Burnout-Zero. The prospective user must accurately, precisely, and truthfully complete their personal information (referred to as "MY PROFILE"), which includes "personal data," "contact information," and "relevant information." The user is responsible for updating their personal data as necessary. Burnout-Zero may use various means to identify its users and is not responsible for the accuracy of the personal data provided by its users. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the entered personal data. The same applies to the data of client companies of the Burnout-Zero site.It will be a necessary requirement for the acquisition of any service and/or products offered on this site, in addition to the registration by the user or the client, to accept these General Terms and Conditions, defining an access key. These General Terms and Conditions shall be deemed known and accepted by the express acceptance through a "click" in the respective box.At its sole discretion, Burnout-Zero may require additional registration from clients who operate with Burnout-Zero as a data collection and reporting platform, as a requirement for such clients to access special information conditions. In these cases, once the additional registration is completed, campaigns aimed at data collection and reports, whether for a specific entity or a specific profile, will only be published on Burnout-Zero through one of these packages or the modalities enabled by Burnout-Zero for this type of users. Burnout-Zero reserves the right to request additional proof and/or data in order to verify the Personal Data or client data, as well as to temporarily or permanently suspend users and/or clients whose data could not be confirmed. In these cases, all registered reports or data, as well as the queries made, will be blocked, without generating any right to compensation. The same will apply in case of non-payment, either by the user and/or the client.Both the user and the client will access their respective personal accounts ("Account") by entering their email address and a personal alphanumeric security key ("Security Key"). The user and the client undertake to keep the confidentiality of their Security Key.The Account is personal, unique, and non-transferable, and it is prohibited for a user to register or possess more than one Account. The same prohibition applies to clients. In the event that Burnout-Zero detects different Accounts containing coinciding or related data, it may cancel, suspend, or disable them.Both the user and the client will be responsible for the operations carried out in their Account since access to it is restricted to the entry and use of their Security Key, which is exclusively known to each of them. The user and the client undertake to notify Burnout-Zero immediately and by suitable and reliable means of any unauthorized use of their Account, as well as the unauthorized access by third parties. It is clarified that the sale, assignment, or transfer of the Account (including reports, profiles, and ratings) is prohibited under any title. Burnout-Zero reserves the right to reject any registration request or to cancel a previously accepted registration, without being obligated to communicate or explain the reasons for its decision, and without generating any right to compensation or indemnification.

03 - Modifications to the Agreement

Burnout-Zero may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will be displayed on the page of each client and user and will come into effect at the moment of their electronic acceptance on the site. The site will not allow access to evaluations, surveys, obtaining results, and/or new items until the acceptance of the new General Terms and Conditions on the platform is confirmed. If the acceptance of the new conditions has not been confirmed, the client and/or user will be disabled. If the client does not wish to accept the new General Terms and Conditions immediately, they must communicate it via email; in which case, the contractual relationship will be dissolved, and the client will be disabled. In the event of outstanding debts, their collection will be demanded in accordance with the applicable legal provisions. The same will apply to users.

04 - List of Services

4.1. Delivery of results: The client may access the results of their surveys directly on the Burnout-Zero website, which will be confidential and private exclusively for internal use by the client. However, Burnout-Zero reserves the right to supplement the results with contributions from the users themselves. The reports may include descriptive texts, graphics, photographs, and other relevant content and conditions for review, provided that no legal provision, these General Terms and Conditions, or other Burnout-Zero policies are violated. It is understood and presumed that by conducting the surveys on the Burnout-Zero website, the user expressly agrees that they intend and have the right to deliver the results of the surveys, and Burnout-Zero is authorized by the user to deliver them immediately to the client. The prices of the services offered will be expressed with VAT when applicable and in legal currency. Burnout-Zero may remove any published service whose price is not expressed in this way to avoid confusion or misunderstandings regarding the final price. It is expressly stated that no service description may contain personal or contact information of Burnout-Zero users, such as, but not limited to, telephone numbers, email addresses, postal addresses, ID numbers, or internet page addresses that contain such data. Burnout-Zero may prevent the publication of photographs or images if, at its sole discretion, it interprets that the image does not comply with these General Terms and Conditions.

05 - Customer Data
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The Client or User declares and warrants that they own or have obtained all necessary rights, titles, and interests, and have obtained all necessary consents to transfer Customer Data in connection with the General Terms, and that the Customer Data does not infringe any intellectual property rights of third parties and is used in accordance with applicable labor laws. The Client or User grants Burnout-Zero a global, non-exclusive, perpetual, and royalty-free right to access, use, process, copy, distribute, perform, export, and display the Customer Data, only to the extent permitted by law and as reasonably necessary (i) to provide, maintain, and improve the Services; (ii) to prevent or address service, security, support, or technical issues; or (iii) to create anonymized and aggregated data unrelated to a specific Client, which does not constitute Customer Data and is owned by Burnout-Zero, including for benchmarking and marketing purposes in accordance with the Privacy Policy or as expressly authorized in writing by the Client or required by law. This right continues with respect to anonymous data and any residual backup copies of Customer Data made in the ordinary course of business, even after the termination of the General Terms. Customer Data subject to anonymity and confidentiality. Survey responses, survey answers, comments, and suggestions provided by a respondent are anonymous and confidential unless the respondent opts within the Burnout-Zero platform to remove anonymity and confidentiality regarding such content. Burnout-Zero will keep confidential and not share with the Client any User Data for which Respondents have not opted to remove anonymity and confidentiality. When Burnout-Zero receives a request from a user to remove their comment, which may contain Personal Information, or from a User to receive Personal Information concerning them, which they have provided to the Client and which is being processed by Burnout-Zero, the Client authorizes Burnout-Zero to comply with such request. Burnout-Zero will store and process Customer and User Data in accordance with the Privacy Policy where applicable. Burnout-Zero has implemented systems, technical, organizational, and administrative policies and procedures, as well as other measures detailed in the Privacy Policy, to help ensure the security, integrity, availability, and confidentiality of Customer and User Data and to mitigate the risk of unauthorized access or use of Customer Data. However, hosting data online involves risks of unauthorized disclosure, loss, or exposure, and by accessing and using the Burnout-Zero Platform, the Client assumes such risks, except for gross negligence or unlawful conduct by Burnout-Zero. To the extent permitted by law, telemetry data related to how Users and Clients access and use the Burnout-Zero Website and Platform (including features and functions of the Burnout-Zero Website and Platform used by Users, survey tracking data, and related reports) and anonymous or aggregated data derived from such telemetry data do not constitute Customer Data and are the property of Burnout-Zero. By using the Services, the Client may transfer to Burnout-Zero customer data that contains personal information. Burnout-Zero will collect, access, or process any personal information in accordance with the Privacy Policy. The Client consents to the transfer, processing, and storage of personal information in accordance with the General Terms and the Privacy Policy and the Data Processing Addendum, where applicable.

06 - Information Privacy

To use the Services offered by Burnout-Zero, users must provide certain data considered personal information according to Law 19.628. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies.

07 – Customer Obligations.

7.1. Once the General Terms and Conditions are accepted, the customer, upon confirming a purchase electronically, cannot retract it or demand a refund. Burnout-Zero is a platform that facilitates interaction between users and customers, and therefore has no responsibility for the customer's satisfaction regarding the results of surveys and/or reports or their accuracy.

7.2. Taxes. As required by current regulations, Burnout-Zero will provide the customer with the respective receipt or invoice for the transaction.

7.3. Only in exceptional cases can Burnout-Zero retract a sale made to one or more customers, such as when it is not possible to verify the true identity or other information of the user. Since Burnout-Zero primarily serves as a platform for the exchange of information and data between customers and users and does not participate in the rendering of surveys, it does not intervene in the results. Therefore, the user will always be responsible for those results, and Burnout-Zero cannot be held accountable for any breaches or lack of accuracy in that regard. However, Burnout-Zero ensures that the respective surveys are well programmed and that the user's responses accurately reflect the results of those surveys.

08 – Violations.

Any violation of these General Terms and Conditions may be investigated by Burnout-Zero, and the infringer may be penalized with the suspension or cancellation of services and/or content, as well as their registration as a user or customer of Burnout-Zero. This is without prejudice to any legal actions that may be taken for the commission of crimes or infractions or for the civil damages that may be caused to users or client vendors.

09 – System or Database Violations.

No action or use of devices, software, or any other means that aims to interfere with the activities and operations of Burnout-Zero, as well as the surveys, results, profiles, descriptions, accounts, or databases of Burnout-Zero, is permitted. Any intrusion, attempt, or violative activity that goes against intellectual property laws or the prohibitions stipulated in this agreement may result in legal action and sanctions. The responsible party will also be liable to indemnify the damages caused.

10 – Sanctions.

Suspension of Operations.Without prejudice to other measures, Burnout-Zero may issue warnings, temporarily suspend or permanently disable a user's or customer's account, survey, or results, and take any other actions it deems appropriate, including suspending the provision of services if: (a) A law or any provision of the General Terms and Conditions and other policies of Burnout-Zero is violated. (b) A user or customer fails to comply with their obligations.(c) Fraudulent or malicious conduct or acts are committed at the discretion of Burnout-Zero. (d) The user's or customer's identity cannot be verified, or any information provided by them is incorrect. (e) Burnout-Zero believes that the survey results, profiles, or other actions may lead to liabilities that could be pursued against the respective user, Burnout-Zero, or another user or customer. In case of suspension or disabling of a user, all survey results or profiles and associated queries may be removed from the system, without prejudice to the infringement procedure established by Burnout-Zero.

11 - Liability.

Burnout-Zero only provides users and customers with a virtual space that allows customers to obtain the results of surveys from users. Burnout-Zero is not the owner of the surveys. Burnout-Zero does not participate in the subsequent completion of potential results or operations between customers and users, nor the conditions subsequently stipulated by them. Therefore, Burnout-Zero will not be responsible for the quality, quantity, accuracy, integrity, or legitimacy of the surveys and results obtained, acquired, or used by customers, as well as the subsequent ability to process them by customers, or the accuracy of the Personal Data entered by them. Each user acknowledges and accepts to be solely responsible for the results of the surveys and/or results that arise from the use of the platform, expressly agreeing that they may be communicated to the customers thereof. Likewise, each customer acknowledges and accepts to be solely responsible for the consultation and obtaining of said results. Since Burnout-Zero does not have any involvement during the entire time that the survey results are available on the website for consultation, nor in the subsequent conclusion and perfection of the eventual use between the user and/or customer, it will not be responsible for the effective compliance with the subsequent obligations assumed by the users in the completion of the relationship with the contracting customer. The user acknowledges and accepts that when conducting transactions with customers, they do so at their own risk. Under no circumstances will Burnout-Zero be liable for lost profits or any other damages or losses that the user and/or customer may have suffered due to the contracts made or not made, considering, among other things, the survey results and/or profiles available through Burnout-Zero. Burnout-Zero recommends acting with caution and common sense when consulting the survey results provided by users. Burnout-Zero will NOT be responsible for the content of the surveys and/or the outcome of such surveys, based on the trust placed in the system or the services provided by Burnout-Zero. In the event that one or more users or one or more customers, or a third party, initiate any type of claim or legal action against another user or other customers, each and every one of them exempts Burnout-Zero and its directors, managers, employees, agents, operators, representatives, and attorneys from any liability. The surveys are created by the qualified staff of Burnout-Zero and are the exclusive property thereof.

12 - Scope of Burnout-Zero's Services.

This agreement does not create any partnership, mandate, franchise, or employment contract between Burnout-Zero and the user and/or the customer. The user acknowledges and accepts that Burnout-Zero is not a party to any transaction, nor does it have any control over the quality, safety, or legality of the surveys carried out, the truthfulness or accuracy thereof, or the users' ability to conduct the aforementioned surveys. Burnout-Zero cannot guarantee that a user will complete a survey properly, nor can it verify the identity or Personal Data entered by the users. Burnout-Zero does not guarantee the accuracy of the entered data and will not be responsible for any correspondence or contracts that the user enters into with customers.

13 - System Failures.

Burnout-Zero is not responsible for any damage, harm, or loss to the user and/or the client caused by system failures, server failures, social networks, or the internet. Burnout-Zero will also not be responsible for any virus that may infect the user's and/or the client's equipment as a result of accessing, using, or examining its website or as a result of any data, file, image, text, or audio transfer contained therein. Users and/or clients may not attribute any responsibility to Burnout-Zero or demand payment for lost profits due to technical difficulties or system failures, or on the internet. Burnout-Zero does not guarantee continuous or uninterrupted access and use of its website. The system may occasionally be unavailable due to technical difficulties, internet failures, or any other circumstances beyond Burnout-Zero's control. In such cases, efforts will be made to restore it as quickly as possible, but no responsibility can be attributed to Burnout-Zero. Burnout-Zero will not be responsible for any errors or omissions contained on its website.

14 - Fees.

Billing. User and/or client registration with Burnout-Zero is paid. This way, the user will be enabled to start operating on the entire platform and can participate in the surveys published on the portal. The client, on the other hand, will have access to the survey results as long as they remain up to date with the payment for the services offered by Burnout-Zero, as contracted. Invoices will be issued in the name provided and must be paid in advance for the contracted month of service. Payment of invoices must be made within 10 days of receipt. Otherwise, the service will be blocked. In any case, Burnout-Zero may have prepaid services, depending on the volume, type, and frequency of the consulted surveys. Burnout-Zero reserves the right to modify, change, add, or delete the current fees at any time, which will be notified to the clients in the manner established in point 3 of these terms. However, Burnout-Zero may temporarily modify the Pricing Policy and fees for its services due to promotions, and these modifications will be effective when the promotion is made public or announced. Burnout-Zero reserves the right to take legal and extrajudicial measures deemed necessary to obtain payment of the amount due. Burnout-Zero declares that the values of the services are published at the following link [*].

15 - Intellectual Property.

Links. The contents of the web platform related to the services of Burnout-Zero, as well as the programs, databases, networks, and files that allow the user and/or the client to access and use their account, and the surveys whose licenses have been obtained by Burnout-Zero, are the property of Burnout-Zero and are protected by laws and international copyright, trademark, patent, and industrial design treaties. Improper use and total or partial reproduction of such content is prohibited, except with the express written authorization of Burnout-Zero. The Site may contain links to other websites, which does not indicate that they are owned or operated by Burnout-Zero. Since Burnout-Zero has no control over such sites, it will not be responsible for the content, materials, actions, and/or services provided by them, nor for any damages or losses caused by their use, whether directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, or endorsement by Burnout-Zero of those sites and their contents. Microsoft Teams and Slack, Word, as well as other brands and names mentioned on this site, belong to their respective owners and are only mentioned for reference and/or educational purposes.

16 - Indemnification.

The client shall indemnify and hold harmless Burnout-Zero, its subsidiaries, controlled or controlling companies, directors, administrators, lawyers, representatives, and employees, from any claim or demand by other users, clients, or third parties arising from their activities on the site or their non-compliance with the General Terms and Conditions and other Policies incorporated herein, or from the violation of any laws or rights of third parties, including attorney fees in a reasonable and fair amount.

17 - Jurisdiction and Applicable Law.

This agreement shall be governed in all respects by the laws in force in the Republic of Chile. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or compliance shall be submitted to the applicable laws and the competent Ordinary Courts of the commune of Santiago, and the proceedings shall be conducted in the Spanish language.

18 - Use of Applications and Data Provided by Other Applications.

The application uses an integration service with Microsoft Teams and Slack, Google tools, without any exclusivity or representation of those applications.

19 - Address.The address of Burnout-Zero is established as follows:

Tax ID (RUT) No. 77.406.476-1

Address: Los Militares 5620 Of. 905, 9th Floor - Las Condes, Santiago, Chile.

If you have any questions regarding the General Terms and Conditions or other policies and principles that govern Burnout-Zero, please consult our website.
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