1. Service Level Agreement
Effective date: [INSERT DATE]
1.1 Introduction
This Service Level Agreement sets forth the service availability and support commitments that PUY COLOMBIA SAS ("PUY" or "the Company") provides to its customers ("Customers" or "Users"). The SLA defines the terms under which PUY delivers its cloud-based financial reconciliation platform ("the Service").
1.2 Service Availability & Uptime Guarantee
PUY commits to maintaining a minimum platform uptime of 99.5% per calendar month ("Uptime Guarantee"). Uptime is measured as the percentage of time the Service is available and operational during a calendar month.
1.2.1 Uptime measurement. Uptime is measured on a platform-wide basis. The platform is considered "available" when Users can successfully connect to and use the core reconciliation functionality. Calculated as: (Total Platform Minutes − Downtime Minutes) / Total Platform Minutes × 100.
1.2.2 AWS dependency. PUY hosts its infrastructure on Amazon Web Services (AWS). Uptime excludes service degradation or outages caused by AWS infrastructure failures or maintenance beyond PUY's control. PUY remains responsible for maintaining redundancy and failover mechanisms where technically feasible.
1.2.3 Scheduled maintenance. All downtime, including scheduled maintenance windows, is counted toward the monthly downtime calculation. PUY will provide 48 hours' notice via email when possible.
1.2.4 Exclusions. The Uptime Guarantee does not apply to: (a) outages caused by Customer actions; (b) network or connectivity issues outside PUY's infrastructure; (c) account suspension due to breach of Terms; (d) force majeure events.
1.3 Support Commitment
PUY provides email-based support to all Customers at [INSERT SUPPORT EMAIL ADDRESS]. Response time targets are defined in the SLA matrix:
[PLACEHOLDER: INSERT RESPONSE TIME SLA MATRIX HERE]
Example: Critical Issues: 2–4 hours · High Priority: 8–12 hours · Standard: 24 hours
1.4 Service Credits
If PUY fails to meet the 99.5% Uptime Guarantee in a given calendar month, Customer may be eligible for service credits according to the following schedule:
[PLACEHOLDER: INSERT SERVICE CREDIT SCHEDULE HERE]
Example: 95.0%–99.4% uptime: 10% of monthly fee · 90.0%–94.9%: 25% · Below 90.0%: 50% · Maximum credit per month: one month of service fees
Customers must request credits within 30 days of the incident month. Credits are applied to the Customer's account for future services and do not constitute a cash refund.
1.5 Monitoring & Reporting
PUY continuously monitors platform availability and will publish monthly uptime reports. PUY will notify Customers of significant incidents via email within [INSERT TIMEFRAME] of discovery.
1.6 Limitation
THE SERVICE CREDITS SET FORTH ABOVE ARE PUY'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO MEET THE UPTIME GUARANTEE.
2. Privacy Policy
Effective date: [INSERT DATE]
2.1 Introduction
PUY COLOMBIA SAS ("we," "us," "our," or "PUY") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service. Please read this policy carefully. If you do not agree with our policies and practices, please do not use our Service.
2.2 Information We Collect
2.2.1 Customer account information. When you create an account, we collect: name, email address, phone number, company name, job title, and billing information.
2.2.2 Financial and transactional data. Our core service involves processing your financial transactions and reconciliation records. We collect and store: transaction data, reconciliation logs, financial records, account balances, payment information, and audit trails. This data is necessary to provide the Service.
2.2.3 Usage data. We automatically collect: IP address, browser type, operating system, pages accessed, time and date of activity, and session duration.
2.3 Data Controller vs. Data Processor
PUY acts as a Data Controller for account information (name, email, company, billing), and as a Data Processor for financial and transactional data, which it processes on your behalf according to your instructions and our Data Processing Agreement.
2.4 How We Use Your Information
- Providing, maintaining, and improving the Service
- Processing payments and invoicing
- Sending account notifications and support communications
- Conducting security audits and compliance verification
- Detecting and preventing fraud or unauthorized access
- Complying with legal obligations and regulations
2.5 Data Sharing
PUY does not share, sell, or disclose your personal data to third parties. However, your data is stored on infrastructure provided by Amazon Web Services (AWS). AWS processes your data according to our data processing agreements and applicable data protection laws. PUY remains responsible for the security of your data.
2.6 International Data Transfers
Your data is primarily stored in Colombia and Latin America. However, AWS infrastructure may result in your data being transferred to AWS regions outside Latin America for purposes of backup, redundancy, and disaster recovery. By using the Service, you consent to these international data transfers.
2.7 Data Retention
We retain your data for as long as necessary to provide the Service and comply with legal obligations. You may request deletion of your account and associated data at any time by contacting us. Upon deletion request, we will securely remove your data within [INSERT TIMEFRAME], except where retention is required by law.
2.8 Security Measures
- Encryption of data in transit (TLS/SSL) and at rest
- Role-based access controls and authentication mechanisms
- Regular security audits and penetration testing
- SOC 2 Type II certification in progress via Vanta
- Incident response procedures for data breaches
2.9 Your Rights
- Access your data: Request a copy of the personal data we hold about you
- Export your data: Download your data in a machine-readable format at any time
- Correct your data: Request correction of inaccurate or incomplete information
- Delete your data: Request deletion of your account and associated data
2.10 Data Breach Notification
In the event of a data breach involving personal information, PUY will notify affected customers via email within [INSERT TIMEFRAME] of discovery, unless otherwise required by law. Notifications will include a description of the breach, the data affected, and recommended security measures.
2.11 Governing Law
This Privacy Policy is governed by the laws of Colombia. All data processing is subject to Colombian data protection laws and regulations, including Law 1581 of 2012.
2.12 Contact Us
For privacy-related inquiries, contact us at [INSERT PRIVACY CONTACT EMAIL].
3. End User License Agreement
Effective date: [INSERT DATE]
3.1 License Grant
PUY COLOMBIA SAS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your authorized business purposes. Specific license terms, including usage limits and permitted scope, may be negotiated and defined in individual customer contracts ("Customer Agreements").
3.2 License Restrictions
You agree NOT to:
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Create competing products or services based on the Service
- Scrape, crawl, or extract data from the Service through automated means
- Perform automated bulk access or high-frequency API calls without authorization
- Use the Service on behalf of unauthorized persons or entities
- Modify, adapt, or create derivative works of the Service
- Sublicense, sell, rent, lease, or otherwise transfer your license rights
3.3 Intellectual Property Rights
PUY retains all right, title, and interest in the Service, including all software, code, documentation, designs, and features. Your use of the Service does not grant you ownership of any intellectual property rights in the Service. You retain ownership of any data you upload or create within the Service ("Your Data"). By uploading Your Data to the Service, you grant PUY a limited license to process, store, and display Your Data solely for the purpose of providing the Service.
3.4 Third-Party Components
The Service may include third-party software and libraries governed by their respective open-source and proprietary licenses. A list of third-party components and their licenses is available upon request.
3.5 Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PUY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.
3.6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUY'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THIS EULA OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PUY IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL PUY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.7 Termination
This license is effective until terminated. Your license rights terminate immediately upon your breach of any term of this EULA or applicable Customer Agreement. Upon termination, you must cease all use of the Service.
3.8 Governing Law
This EULA is governed by the laws of Colombia, without regard to its conflicts of law principles.
4. Terms of Service and Use
Effective date: [INSERT DATE]
4.1 Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms of Service and Use ("ToS"), the SLA, the Privacy Policy, and the EULA. If you do not agree to these terms, do not use the Service.
4.2 Definitions
- "Company" means PUY COLOMBIA SAS.
- "Customer" means the entity subscribing to the Service.
- "Service" means PUY's cloud-based financial reconciliation platform.
- "User" means any individual accessing the Service on behalf of the Customer.
4.3 Account Registration and Responsibilities
When you create a Customer account, you agree to: provide accurate and complete information; maintain the confidentiality of your username, password, and API keys; notify PUY immediately of any unauthorized access to your account; and comply with all applicable laws and regulations in your use of the Service.
4.4 Acceptable Use Policy
You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of others. Prohibited behavior includes:
- Transmitting malware, viruses, or any code of destructive nature
- Attempting unauthorized access or hacking
- Conducting denial-of-service (DoS) attacks or network overload
- Uploading content that is illegal, defamatory, or violates third-party rights
- Using the Service for competitive analysis or to build competing products
- Sharing credentials with unauthorized persons
- Using automated scripts to abuse the Service beyond authorized usage
4.5 Pricing and Payment
PUY offers subscription plans based on a monthly pricing model. Specific pricing tiers and terms are outlined in individual Customer Agreements. Payment is due as specified in your invoice. Failure to make timely payment may result in suspension of your Service.
4.6 Service Modifications
PUY may modify, update, or discontinue the Service at any time. For major changes that materially impact functionality or your use of the Service, PUY will provide 30 days' notice via email. Continued use of the Service after such notice constitutes acceptance of the changes.
4.7 Termination
Either party may terminate the Customer Agreement and suspend the Service with notice to the other party. The specific notice period and termination conditions are defined in the Customer Agreement. PUY may terminate or suspend your Service immediately if: (a) you violate this ToS; (b) you fail to pay invoices; (c) your use violates applicable law. Upon termination, your access to the Service ceases. PUY will provide a reasonable period for you to export your data.
4.8 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE THEREOF SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PUY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT SHALL PUY BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY; (C) COSTS OF COVER OR SUBSTITUTE GOODS OR SERVICES; OR (D) INTERRUPTION OF BUSINESS.
4.9 Indemnification
[PLACEHOLDER: INSERT INDEMNIFICATION CLAUSE]
Example: PUY will defend, indemnify, and hold harmless Customer from any claim that the Service infringes a third party's intellectual property rights, provided that Customer: (a) promptly notifies PUY in writing; (b) grants PUY sole control of the defense; and (c) provides reasonable assistance.
4.10 Changes to Terms
PUY may update these ToS at any time. Material changes will be communicated via email with 30 days' notice. Continued use of the Service after such notice constitutes acceptance of the updated terms.
4.11 Dispute Resolution and Governing Law
These ToS are governed by and construed in accordance with the laws of Colombia, without regard to its conflict of law principles. All disputes arising out of or relating to these ToS or the Service shall be resolved in the courts of Colombia and both parties irrevocably submit to the exclusive jurisdiction of such courts.
4.12 Entire Agreement
These ToS, together with the SLA, Privacy Policy, EULA, and any Customer Agreement, constitute the entire agreement between you and PUY concerning the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
4.13 Contact Information
For questions or concerns regarding these ToS, contact us at [INSERT CONTACT EMAIL].
4.14 Severability
If any provision of these ToS is deemed invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed, and the remaining provisions shall remain in full force and effect.