Terms of Service for Partner Businesses

The terms expressed in this contract constitute the conditions of use and privacy for all services currently provided and those added in the future, by COMETRIC S.A.S (hereinafter Ecometri) on its website https://ecometri.com and any other domain that is its property, licensed, authorized, redirected, or authorized for its use, including its mobile versions and API.

The user of Ecometri's services (hereinafter the "Partner Business" or the "Partner") accepts, at the time of starting to use the service, to respect all the conditions imposed by this contract.

This document regulates the contracting of products and/or services with ECOMETRI, contains the minimum elements of the negotiation celebrated through this contract and understood as accepted by the Partner Business and consequently, shall govern the relationship that arises between the parties, in conjunction with the regulations that govern the matter.

This Agreement has been created for the purpose of establishing commercial relationships, which shall be governed by the following clauses, subject to the following definitions.

Ecometri Service. Ecometri is a virtual platform that provides technology services through which products and services from various commercial establishments independent of ECOMETRI are displayed for acquisition by Consumers. It is clarified that the Partner is responsible for processing and delivering orders made by Consumers through the ECOMETRI virtual platform. ECOMETRI does not provide any type of logistics, supply, or product delivery service to the final Consumer. ECOMETRI acts as an independent entity and simple intermediary, without any type of employment relationship with the platform users, the Partner, and its dependents.

MarketPlace. Virtual space within the ECOMETRI virtual platform designed for Partners to display their products and services, so that they may be requested by Consumers, understanding that the Partner will be responsible for processing and delivering orders requested by Consumers.

Ecometri Platform. Virtual platform available to Partners to process orders requested through the ECOMETRI virtual platform, modify store prices and products, and receive order information.

Offline payment methods. Refers to payment methods in which the Partner charges the Consumer directly upon receiving the order, including: cash payment, payment links, cash on delivery, and bank transfers, among others.

In-app payment methods. Refers to payment methods in which the final Consumer is charged through the Ecometri virtual platform, including: credit card payment, PSE, and/or others.

Safety and hygiene. The Partner acknowledges that it is entirely responsible for the quality, hygiene, preparation, and safety of the product until the moment of delivery to the Consumer and agrees to comply with all safety regulations. ECOMETRI shall not be responsible in any degree for any non-compliance by the Partner with the above criteria.

Paragraph: Sale of alcoholic beverages. The Partner acknowledges that it has the permits and licenses from competent authorities for the sale of alcoholic beverages and agrees to comply with all regulations regarding sales restrictions by zones, hours, and any other applicable limitations, especially the prohibition of sales to minors.

100% of the value shall be paid in advance on a monthly, semi-annual, or annual basis, payable within the first five (5) business days of each month from the start of this contract.

Active and inactive links in the tool will be charged regardless of use. Unused links should be removed from the tool to avoid charges.

First Paragraph: Agreed values shall increase annually according to the CPI in effect as of December 31 of the immediately preceding year and up to an additional three percent (3%).

Second Paragraph: ECOMETRI shall validly suspend the provision of agreed services in case of total or partial non-compliance by the Partner without generating any compensation.

Third Paragraph: Information reporting authorization. The Partner authorizes ECOMETRI to process, request, disclose, and obtain from any credit bureau all information to evaluate its performance as a debtor, payment capacity, risk, among others, and to report to any credit bureau all information corresponding to this contract.

Fourth Paragraph: Use of Debit and/or Credit Cards as payment method. When the Partner registers a card as a payment method, it accepts any withholding and/or cost generated by such use. ECOMETRI will keep the information provided secure. When the Partner chooses monthly payment by card, they understand and accept recurring payment charges.

Fifth Paragraph: The Parties accept the sending and receiving of invoices by electronic means.

Sixth Paragraph: If the Partner uses the ECOMETRI-Payment service, it accepts a deduction of 1.89% of the total value of orders processed by credit card through the platform. Seventh Paragraph: Accepts a 2% deduction for interbank transfer fees. Eighth Paragraph: Orders classified as false according to ECOMETRI's surveillance scheme shall not be charged.

First Paragraph: The Partner may not communicate ECOMETRI's customer service channels in its virtual store or any other medium without prior authorization.

Second Paragraph: The Partner must have a valid phone number available in its store within the ECOMETRI virtual platform.

Third Paragraph: POS Integration. Where possible, ECOMETRI and the Partner commit to POS integration. The Partner must keep the Ecometri platform active to access this functionality.

The Parties commit to not affecting the image and good name of the other Party.

The duty of confidentiality shall extend for three (3) years after this Agreement ends.

The Parties shall take necessary measures to ensure their employees maintain due confidentiality regarding such information.

First Paragraph: In case of claims for unauthorized use of personal data by the Partner, the Partner shall hold ECOMETRI harmless from any claim or sanction. Second Paragraph: In case of unauthorized data processing, the Partner shall incur a fine equivalent to three hundred current legal monthly minimum wages (300 SMLMV).

The contract duration is indefinite, but shall have a minimum duration of one (1) month. Once the minimum duration is fulfilled, either party may terminate the agreement at any time by notifying the other party. The contract will end on the month of notification and the Partner will be invoiced the full monthly value for the month of cancellation.

Independence: ECOMETRI shall carry out its activity autonomously and independently. Assignment: Obligations and rights may not be assigned by the parties without authorization. Confidentiality: The parties commit to maintaining due confidentiality. Contractual domicile: The parties establish Bogotá D.C. as the contractual domicile. This Contract shall be governed by the laws of the Republic of Colombia. Intellectual Property: Results of contract execution are the property of ECOMETRI. Information deposited in the tool is the property of the PARTNER BUSINESS. Modifications: ECOMETRI reserves the right to modify application contents and presentation. Early Termination: The contract may be terminated early in case of non-compliance. Information Custody: Upon termination, ECOMETRI will create a backup available within ten (10) business days, requestable at aliados@ecometri.com.

I expressly accept the conditions of Independence, assignment, confidentiality, contractual domicile and notifications, intellectual property, modifications, and early termination as described above. In accordance with applicable data protection laws, I authorize ECOMETRI to use the collected data. I have read, understand, and accept the service conditions set forth in this document and the obligations arising for me and/or my represented entity as the PARTNER BUSINESS.

The PARTNER BUSINESS may not apply reverse engineering techniques, decompile or disassemble the software, or perform any other operation tending to discover the source code. Separation of components is prohibited. The user understands that violating this clause constitutes a crime under Article 272 of the Colombian Penal Code.

All references, names, logos, trademarks, and any other registered trademarks or images of WhatsApp and Instagram that appear or are mentioned on the Ecometri website are the property of their respective owners. These trademark holders are not affiliated with ECOMETRI. WhatsApp does NOT sponsor or endorse ECOMETRI. Instagram does NOT sponsor or endorse ECOMETRI. WE ARE NOT META® WHATSAPP® OR INSTAGRAM®.

These Terms and Conditions of Use of the platform for Partner Businesses were created on January 30, 2025 and take effect as of February 1, 2025. Any changes will be communicated through www.ecometri.com. ECOMETRI reserves the right to modify, add, or remove any clause in these Terms and Conditions at any time.