Términos Globales de Uso

1. Parties and Scope

These Global Terms of Use govern authorized access to and use of the PrediSmart platform and related services (the “Platform”) provided by PREDISMART GLOBAL, LLC (“PrediSmart”). They apply to individual authorized users and, where applicable, operate together with the agreement between PrediSmart and the subscribing organization (“Customer”). If an executed enterprise agreement conflicts with these Terms, the enterprise agreement controls for the Customer to the extent of the conflict.

2. Platform Purpose

PrediSmart provides a software platform for operational management, orchestration, records, workflows, asset and facility-related information, connected devices, field activities, analytics, contextual assistance, and related capabilities. Features may vary by plan, jurisdiction, configuration, device, integration, and release.

3. Regulatory and Standards Alignment

PrediSmart is developed under an architecture oriented to security, privacy, governance, traceability, and asset life-cycle management, considering principles, standards, and legal requirements applicable to the markets in which it is made available. The Platform supports Customers in structuring and executing aligned operational processes but does not replace legal, regulatory, professional, technical, safety, inspection, licensing, or emergency responsibilities that belong to the Customer, its professionals, service providers, operators, or competent authorities.

4. Eligibility and Authority

A user may access the Platform only when authorized by the applicable Customer and legally eligible to do so. The Customer and user must provide accurate information concerning identity, authority, organization, and applicable operational jurisdiction and must keep such information current.

5. License and Authorized Use

Subject to these Terms and the applicable subscription, PrediSmart grants a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for authorized internal operational purposes. No ownership right is transferred. All rights not expressly granted are reserved.

6. Accounts and Credentials

Accounts are individual unless PrediSmart expressly provides otherwise. Users must protect credentials, use only authorized access methods, and promptly report suspected compromise. Customer administrators are responsible for appropriate provisioning, permissions, role assignments, and deprovisioning within their authority.

7. Acceptable Use

Use must comply with these Terms, the Acceptable Use Policy, applicable law, contractual scope, security controls, and Customer authorization. Access or use beyond the rights expressly granted is prohibited.

8. Intellectual Property and Platform Protection

PrediSmart and its licensors retain all rights in the Platform, software, interfaces, documentation, architecture, models, methods, non-public data structures, know-how, trademarks, and other protected materials. Unauthorized reproduction, extraction, circumvention, interference, derivation, competitive exploitation, or acquisition of proprietary components or information is prohibited to the maximum extent permitted by applicable law. Nothing in these Terms restricts a right that applicable law expressly makes non-waivable.

9. Customer Data

As between the parties, Customer retains its rights in Customer-provided data. Customer represents that it has authority and a lawful basis to provide, instruct processing of, and use such data through the Platform. PrediSmart may process Customer Data to provide, secure, maintain, support, and improve the contracted services as permitted by the applicable agreement, privacy documentation, and law.

10. Automated and Contextual Capabilities

Outputs generated by analytics, OCR, automation, IoT processing, contextual systems, or other computational capabilities may depend on data quality, configuration, connectivity, sensors, third-party services, and operational context. Such outputs support operations and decision-making and must be evaluated within the Customer’s applicable professional, technical, safety, and legal responsibilities.

11. Third-Party Services

The Platform may depend on or interoperate with third-party infrastructure, networks, identity, messaging, payment, cloud, device, mapping, or integration services. Their availability and independent terms may affect related functions.

12. Fees and Commercial Terms

Fees, taxes, billing cycles, plan limits, renewals, cancellation rights, and payment conditions are governed by the applicable order, subscription, Service Terms, or enterprise agreement. Users without purchasing authority may not alter commercial commitments.

13. Availability and Changes

PrediSmart may maintain, update, improve, replace, or discontinue features in accordance with applicable agreements and law. Service commitments expressly purchased by a Customer are governed by the applicable Service Terms or SLA.

14. Security and Cooperation

PrediSmart maintains security measures appropriate to the nature of the Platform and its risk profile. Customer remains responsible for its endpoints, users, credentials, local networks, authorized devices, operational procedures, and information it controls. Each party shall reasonably cooperate concerning material security incidents within its responsibility.

15. Territorial Eligibility, Sanctions and Export Controls

Customer must truthfully declare and maintain the jurisdictions in which the Platform is contracted, deployed, and effectively used. Network routing, VPN, proxy, gateway, or similar technology does not alter the effective place of use for contractual, regulatory, sanctions, or eligibility purposes. Use is prohibited where providing or using the Platform would violate applicable sanctions, export controls, trade restrictions, or other binding law. PrediSmart may request information, restrict provisioning, suspend access, or terminate service when reasonably necessary for compliance.

16. Suspension and Termination

PrediSmart may restrict or suspend access where reasonably necessary to address security risk, unlawful or unauthorized use, material breach, non-payment, sanctions or eligibility concerns, protection of the Platform or third parties, or legal requirements. Termination rights are governed by the applicable agreement and law.

17. Allocation of Responsibility

Each party remains responsible for matters within its control and for its own acts, omissions, contractual obligations, and legal duties. PrediSmart does not assume duties legally assigned to the Customer or to regulated, licensed, professional, technical, operational, safety, or emergency personnel merely because the Platform records, routes, recommends, displays, automates, or supports related activity.

18. Third-Party Claims and Indemnification

To the maximum extent permitted by applicable law and subject to any controlling enterprise agreement, a Customer shall be responsible for third-party claims, losses, and reasonable costs to the extent arising from the Customer’s unlawful or unauthorized use, breach of these Terms, Customer Data supplied without required rights, or violation of third-party rights for which the Customer is responsible. PrediSmart remains responsible for claims to the extent caused by PrediSmart’s own breach or conduct for which liability cannot lawfully be shifted. Any indemnification obligation is subject to applicable mandatory law and agreed procedures for notice, control of defense, and cooperation.

19. Limitation of Liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, or opportunity, except to the extent such exclusion is prohibited by law or expressly overridden by an applicable enterprise agreement. Any monetary liability cap applicable to a paid Customer relationship shall be stated in the applicable order, Service Terms, or enterprise agreement. Nothing excludes or limits liability that applicable law does not permit to be excluded or limited.

20. Governing Terms and Mandatory Rights

These Terms are governed by the law and dispute provisions stated in the applicable Customer agreement. Where no separate agreement applies, Florida law governs, without prejudice to mandatory rights and rules that cannot lawfully be displaced in the user’s or Customer’s applicable jurisdiction. Consumer-specific rights apply only where the relationship legally qualifies for them.

21. Changes and Versioning

PrediSmart may update these Terms. Each published version is identified by version and effective date. Material changes are communicated or presented for reacceptance where required by law, contract, or the PS-LEGAL governance policy.

22. Entire Framework and Severability

These Terms, incorporated policies, applicable order documents, and executed enterprise agreements form the governing contractual framework. If a provision is unenforceable, it shall be applied to the maximum lawful extent and the remaining provisions remain effective.