The purpose of the following Terms and Conditions is to regulate the relationship between Montu and the User, whether Content Creators or Brands, regardless of the reason for registration, and the rights and obligations of each of them, in relation to the use of the Site and the Services.

By accessing and/or registering on the Site as a User, the User acknowledges and states to have read, understood and accepted in full, from that very moment, entirely and without reservation, the Montu Regulation, as such term is defined in these Terms and Conditions, declaring to know the details and specifications of the Site and of the Services provided by Montu, their manner of application, execution and approval. It is further understood that the User accepts all other operating rules, policies and procedures that are posted or may be posted by Montu on the Site, each of which are incorporated into these Terms and Conditions by reference.

These Terms and Conditions shall also apply to any new tools or features of the Site, therefore, it is the User’s responsibility to review them periodically for updates. Continued use of or access to the Site following the posting of any changes constitutes acceptance by Users of such changes.

Montu also states that the Terms and Conditions are an inseparable part of any provision of services and/or products offered by Montu, be it subscription to the Site, intermediation, or any other available to the Users. Finally, Montu declares that it has no intention to make a unilateral imposition of the present Terms and Conditions, but that it is a fundamental characteristic of provision of services carried out through technological and digital channels, otherwise Montu would not be able to offer the Services detailed herein in an efficient and responsible manner.

Montu reserves the right to update, modify or replace these Terms and Conditions at any time and to implement new or additional terms or conditions. In which case, the User must accept such modifications in order to use the Site and the Services. Such modifications, or those terms and additional conditions will be timely informed to the User, for example, through a prominent notice on the Site or by means of an e-mail or by means of a. The modifications will become effective upon acceptance by each User. The User shall have thirty (30) days to agree to the respective modifications as from their publication in the Terms and Conditions.

If, within thirty (30) days from the publication of the modification of the Terms and Conditions, these are rejected by the User, it will be understood as an express declaration by the User not to continue using the Services. By virtue of the foregoing, Montu will have the right to disable the User and the relationship between Montu and the User will be understood as terminated, without giving rise to any right to compensation in favor of the User. However, the termination will not imply delay or non-payment of any sum owed by the User to Montu, in accordance with the Montu Regulation.

If the User does not agree with the new Terms and Conditions, the User should refrain from accessing the Site and using the Services. The use or access by the User to the Site after the expiration of thirty (30) days from the publication of the modification to the Terms and Conditions, shall be understood as a tacit acceptance by the User of the current Terms and Conditions.

Montu reserves the right to update, modify or delete, in all or in part, and without giving any reason, any content or information published on the Site, and the access conditions, as it deems appropriate, and may exercise this right at any time and without prior notice. This right covers the design of the Site and the contents referring to the availability of products or services offered by Montu, specifications, price, or regarding the configuration and functionalities of the Site or information on promotional activities.

Through the Site, Montu offers a platform with its respective support services and configuration for the Brands to be able to create Campaigns and connect in a faster and simpler way with the Content Creators with the profile that best fits the Campaign. In the same platform, Montu provides another configuration for the Content Creators with its own support services, so they can upload their content and access Campaign offers. Users may remotely access their respective platform through the Site and/or Montu’s mobile application, both duly designed according to the User logging in.

In summary, Montu’s objective is to enable commercial transactions of publicity and marketing, by being a link between Content Creators and the Brands, through a software that allows to accelerate and focus on a better way the application and creation of Campaigns.

5.01. Montu Account

In order to use the Site and access the Services, the User must register on the Site depending on whether the User is a Brand or a Content Creator. During the registration process, the User will be required to provide certain information (depending on the type of account with which he/she registers, as detailed below) to obtain an account on the Site. Such information, as well as any other information provided by the User on the Site using the Services, will be protected in accordance with the provisions of the Privacy Policy.

Montu offers two types of platforms depending on whether you are a Brand (hereinafter, the "Brand Account") or a Content Creator (hereinafter, the "Content Creator Account" and together with the Brand Account, the "Montu Account"). Depending on the User's intended purpose, the User must choose one of the two.

The User commits to provide information that is accurate, current and complete, as well as to keep it updated. Montu reserves the right to temporarily suspend or permanently terminate the User's account if any of the information provided during the registration process or thereafter proves to be inaccurate, outdated or incomplete. The User acknowledges and accepts the obligation to promptly update his/her account and all other information, including his/her email, address, and legal representatives, among others, as soon as it has been modified, so that we can complete his/her transactions and communicate with him/her as necessary

Montu may reject a registration request or cancel a registration already accepted, without this giving rise to any right to compensation of any kind for the User. The User whose account has been previously disabled may not register again on the Site, unless expressly authorized by Montu.

5.02 Brand Account.

The Brand Account is designed for brands, marketing agencies and similar entities seeking to create Campaigns and connect with Content Creators through the Site, by using the Services. To register for this type of account the Brand must submit a request for approval by Montu. If the request is approved, Montu may request additional information from the Brand, such as bank data for payment credit, tax documentation, information about the tenor of their Campaigns, and any other information that may be necessary at Montu’s sole discretion. As well, prior to making its first Campaign, Montu may require additional information, such as the payment method determined by the Brand, the number of tax identification of the Brand or any other type of identification number, and any another information that Montu may require or any payment processor.

The Brand Account is specially configured for Brands to create Campaigns, review the details of them, review applications from Content Creators, choose the suitable ones who for the Campaigns, contact the Content Creators and track the Campaign performance. Brands must provide information about the Campaign to be offered, the swaps to be exchanged, their characteristics, remuneration, the promotional products, etc.

Furthermore, Users have the option to manage more than one Brand Account, being able to work with more than one Brand simultaneously. In the same way, the configuration for the Brand Accounts also offers the possibility of being managed by more than one User, thus allowing a work team to be formed within the Brand Account. In that sense, this configuration enables the monitoring of several accounts, allowing the creation of compartments to sort and monitor the data and statistics of each Campaign and each Brand Account.

5.03 Content Creator Account.

The Content Creator Account is tailored for Content Creators operating across various social networks, seeking to apply for and participate in Campaigns offered through the Site, making use of the Services. To register for this type of account the Content Creator must submit an application for approval by Montu, along with providing certain information, such as his/her first and last name or company name, accounts associated to Meta Platforms Inc. (hereinafter, “Meta”), Tik Tok, YouTube, Twich and similar, email address, residence, and any other information that could be necessary, at entire discretion of Montu.

The Content Creator request will be subject to compliance due diligence procedures executed by Montu. Such procedures consider the delivery of certain background information and documents timely requested by Montu, either because they are part of its due diligence procedure, or at the request of the Brands.

Without the following list being exhaustive, Montu may request the following information:

(i) Audience statistics: number of followers in each platform, demographic data of the audience;

(ii) Previous content: performance in previous campaigns, review of past collaborations, interaction rates and all the update content of the Content Creator;

(iii) Personal information: Address for the eventual shipment of products, city of residence, contact number and email address;

The Content Creator expressly authorizes Montu to process the received information and send it to the Brands that are running Campaigns, and therefore were seeking Content Creators in the Site, being all of the above subject to the Privacy Policy.

After successful registration of the Content Creator, the Content Creator will have the possibility to apply to the Campaigns available on the Site, through the procedure available on the Site.

The acceptance or rejection of the application for the registration of a Content Creator Account and its activation on the Site will be subject to the outcome of the due diligence procedure executed by Montu. Montu reserves the right to reject any application at its own discretion, whether its decision derives from an unsatisfactory or negative outcome of the due diligence procedure, without the need to express any cause whatsoever.

As part of the functionality of Montu´s platform, by registering for this type of account, the Content Creator authorizes to link his/her account with online accounts in Meta, Tik Tok, YouTube, Twich or another digital supplier of similar nature (hereinafter, the “Associate Accounts”), giving authorization to Montu to access to certain information of the Content Creator of his/her Associate Accounts. By linking one of the Montu’s accounts to the Associate Accounts of the Content Creator, only authorizes the correspondent digital supplier to provide Montu the content that the last one estimate necessary for the development of Montu’s Account, without infringe upon any term or condition governing the use of the applicable Associated Account. This does not imply any obligation for Montu of paying rates or being subject to limitations of use imposed by the supplier of services of the Associate Account. In no event Montu will have access to the login information maintained by the Content Creator in each Associate Account. By granting Montu access to the Associate Accounts, you understand that: (1) Montu can require to digital suppliers any content that the User has provided and stored in the Associate Accounts (hereinafter, the “Social Media Content”) to be available on the Site through his/her Content Creator Account, and (2) the digital suppliers can send and receive additional information from your Associate Account to Montu to the extent you are notified when linking your Content Creator Account and the Associate Account. Depending on the Associate Accounts chosen and subject to the privacy settings established in such Associate Accounts, the personally identifiable information you post in your Associates Accounts may be available on and through your Content Creator Account. You should be aware that if an Associate Account becomes unavailable or our access to such Associate Account is terminated by the service supplier, then the Social Media Content may no longer be available on the Site. Please note that your relationship with the service supplier associated with your Associate Accounts is governed solely by your agreements with such third-party service suppliers. Montu does not undertake to review the Social Media Content, is not liable for its accuracy, legality or non-infringement, and is not responsible for any Social Media Content.

6.01 Minimum requirements for use of the Site and Services.

In order to use and access the Services offered through the Site, the User must first comply with the following requirements (hereinafter, the "Minimum Requirements"):

(i) Be legally capable in according to applicable law.

(ii) Accept the Montu Regulation.

(iii) Register by creating a personal account with a username, which you may access through a Single-Sing-On procedure (hereinafter “SSO”), in accordance with the authentication mechanism provided in the Site (hereinafter, the “User Authentication”). To do so, the User must complete, truthfully and accurately, the registration forms available in the Site. In the case of Brand Account, at the time of registration, Montu will perform a domain verification for accrediting the ownership the registrant.

(iv) Have the hardware, technological support or device that meets the compatibility requirements and the corresponding system requirements, which may vary from time to time, and a stable Internet connection, among other basic conditions for the proper functioning of the Site and the Services. The bandwidth of the Internet connection, the maintenance of the devices and applications that connect to the Site, is the responsibility of the Users.

In the event that the User is a legal entity, in addition to complying with the previously stated requirements, insofar as applicable, its legal representative will be required to have sufficient power to act and contract on behalf of the entity, which must be evidenced with the corresponding documentation. If the person accepting these Terms and Conditions does so on behalf of a company or other legal entity, such person declares that he/she has the authority to bind such entity and its related persons to these Terms and Conditions.

By registering as a User on the Site, the User acknowledges and declares to be aware of the Minimum Requirements, understanding and accepting them fully and freely, from that very moment, fully and without reservation, and expressly stating that is in compliance with them.

The non-compliance or imperfect compliance with the Minimum Requirements will influence the accessibility to the Site and performance of the Services, being the responsibility of the User to comply with such Minimum Requirements in order to be able to use them.

6.02 Use of the Site and Services.

The User will be able to freely access the Site, review its content, navigate, obtain information on the Services, monitor its Campaigns or applications as the case may be.

Montu reserves the right to update, modify or delete, any content or information published on the Site in whole or in part, and without cause, as it deems appropriate. This right may be exercised at any time and without prior notice. It covers the availability of Services, as well as the configuration and functionalities of the Site or the information of promotional activities. Likewise, Montu may modify unilaterally and without prior notice, whenever it deems appropriate, the structure and design of the Site, as well as modify or eliminate the Services, the contents, and the conditions of access and/or use of these.

The Services and use of the Site are subject to the limits and details set forth in these Terms and Conditions and shall be governed by the provisions of these documents and applicable law.

6.03 Access and/or Unauthorized Access.

Access to the Content Creator Account or Brand Account by the User will be made through a SSO procedure through some of the authentication mechanisms provided on the Site. The registered User agrees and understands that he/she is responsible for all transactions made from his/her Montu Account, as access to it is restricted through User Authentication.

Regarding the Brand Accounts, the holder may grant access and use permissions to other persons. These, in turn, must authenticate their identity through the mechanisms made available by Montu with the SSO procedure available on the Site.

The User is obliged to notify Montu immediately to the contact email hola@montu.io of any unauthorized use of his/her Montu Account, as well as the access by unauthorized third parties to his/her Montu Account. Montu will not be liable for any losses arising from the unauthorized use of your Montu Account.

6.04 User Rights.

The User will hold all the rights recognized by the legislation in force in the Republic of Chile, especially those established in Law No. 19.496 on consumer rights protection and Law No. 19.628 on personal data protection, to the extent that these are applicable, in accordance with the provisions of each of the laws and the characteristics of the User, as the case may be, and, in addition, those granted in these Terms and Conditions.

6.05 Comments of the User, feedback, other shipments.

If, at Montu’s request, the User submits certain specific presentations (e.g., contest entries) or without a request from us, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (hereinafter, "Comments"), Montu may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium such Comments. Montu does not and will not have any obligation (1) to maintain the confidentiality of Comments; (2) to pay compensation for Comments; or (3) to respond to Comments.

Montu is entitled, but not obliged, to monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any party, third party or these Terms and Conditions.

The User agrees that Comments will not infringe the rights of any third party, including copyright, trademark, commercial brands, privacy, personality or other personal or proprietary rights. Similarly, the User agrees that his/her Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, racist, hate speech, discriminatory references based on religion, race, gender, sexual orientation or disability, also the comments will not contain references to illegal activities or bonding to terrorism, or contain any computer virus or other malware that may in any way affect the operation of the Site or any related website. The User will not use a false e-mail address, pretend to be someone other than themselves or mislead Montu or any third party as to the origin of any Comments. The User is solely responsible for his/her Comments made and for their accuracy. Montu assumes no responsibility for Comments posted by the User or any third party.

6.06 External links and third-party software.

(a) Advertising, marketing and external links.

The Site may contain advertising banners and/or external links to products, services, articles, photos, texts, graphics, images, designs, music, sound, video, information, mobile applications’, software developed by or owned by persons other than Montu (hereinafter, "Third Party Links"). Such Links are not investigated, supervised or verified by us regarding their accuracy, adequation, or integrity, and we are not liable for any Third Party Link which is accessed by the Site or any content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, trustiness, privacy practices or other politics of or in the Third Party Links or third party content of. Any purchase or payment by User for such products and services or any exchange of data, products or services between the User and any supplier other than Montu, shall be deemed to be an exclusive exchange solely between the User and a third-party supplier.

Montu does not warrant and is not responsible for Third Party Links or other third-party products or services, unless otherwise expressly stated in these Terms and Conditions. Montu is not responsible for the disclosure, modification or deletion of personal data resulting from access to such Third Party Links or the suppliers of such third parties.

Although Montu monitors the information contained on the Site, some of the information is provided by and under the responsibility of independent third parties. Thus, while Montu uses its best efforts to verify the accuracy of the information contained on the Site, Montu does not grant any warrant as to the accuracy, truthfulness and currency of such information.

Advertising banners and/or external links are available for the User's convenience. Montu does not endorse or support any of these sites or content and assumes no responsibility for any material the User may access through platforms other than those offered by Montu.

However, Montu forbids unauthorized links on the Site and the framing of any information contained on the Site. Montu reserves the right to deactivate any unauthorized link or framing.

Montu has no responsibility or liability for any material on other websites that may contain links to the Site.

Montu is not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please carefully review these Terms and Conditions, the policies and practices of the third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third party products should be directed directly to the third party.

(b) Inter-operation, subcontracting and third party softwares.

The Services and the Site may contain features designed to interoperate with third party software. Montu does not warrant the continued availability of such features of the Services and may cease to provide them without entitling the User to any refund, credit or other compensation if, for example, the supplier of a software becomes unavailable to interoperate with the relevant Service features, in a manner acceptable to Montu, in its sole discretion.

The User acknowledges and understands, and states in full and freely accepts, without reservation, Montu’s authority to contract, delegate and/or subcontract the performance of any of its obligations, both with respect to the Services, as well as with respect to the features of the Site. The User may request the list of service providers by emailing hola@montu.io.

Notwithstanding the prohibitions and restrictions set forth above in these Terms and Conditions, the User is expressly prohibited:

(i) Sale, distribution or assignment to third parties. You may not sell, rent, lease, transmit, modify, transfer or assign the Montu Account, or any rights thereto, or sublicense the Services and/or the Site or such rights to any third party, without Montu’s prior written consent.

(ii) Use of Information. It is forbidden to modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from or use any information available on or through the Site for commercial purposes or any other purpose not expressly authorized in these Terms and Conditions.

(iii) Security Features. User may not attempt to assist, authorize or encourage others to circumvent, disable or defeat any security features or components or encryption that protects or otherwise restricts access to the Site. Violation of the foregoing may constitute a civil or criminal offense and result in liability for the User.

(iv) Accounts Information. Deceive us, let us down, induce us to a mistake, especially in any intent of obtain confidential information of the account.

(v) Support Use. Misusing support services or filing false reports of abuse or bad conduct.

(vi) Automated use. Engage in any automated use of the system, such as the use of the scripts to send comments or messages, or the use of any data mining, robots, or similar tools for gathering and extracting data.

(vii) Identity Theft. The attempt of spoofing another User or person or use the name of another User.

(viii) Use of User’s information. Use any information obtained on the Site to harass, abuse or harm other person.

(ix) Software of Montu. Decrypt, decompile, disassemble or reverse engineer any software that is part of or in any way composes a portion of the Site. Copy or adapt the Site software, including but not limited to, Flash, PHP, HTML, JavaScript or other code.

(x) Information collection. Upload or transmit (or attempt one of those) any material that acts as a passive or active information gathering or transmission mechanism, of information passive or active, including, but not limited to, of clear graphics interchange formats (“gifs"), 1x1pixels, web bugs, cookies or others similar devices (sometimes denominated “spyware” or “passive collection mechanism” or “pcms”).

(xi) Property Notices. User is forbidden from removing any watermarks, labels or other legal or property notices contained on the Site and/or any other content available to User through the Site or attempting to make any modifications to the Site.

(xii) Use of the Site. User is forbidden from using the Site, its content and/or the Services: (a) for any unlawful purpose; (b) request others to perform or participate in unlawful acts; (c) violate any local international, federal, provincial or state regulation, rule, law or ordinance; (d) infringe or violate Montu intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit any code, file, script, agent or program intended to do damage, including, for example, viruses, worms, time bombs, infringing, defamatory or otherwise unlawful or lawful material, as well as, any other malicious code that will or may be used in any manner that affects the functionality or operation of the Site or any related website, other websites, or affects the privacy rights of third parties; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites. We reserve the right to terminate your use of the Site, the Services or any related website for violating any of the prohibited uses.

The User acknowledges and understands, declaring in full and freely accepted, without reservation, Montu’s authority to suspend access to the Montu Account in accordance with the provisions of these Terms and Conditions, in case of noncompliance of the obligations, prohibitions and restrictions set forth in these Terms and Conditions. Consequently, the User will be prevented from accessing its Montu Account, the information contained therein and/or the files or any other content stored in its Montu Account.

The foregoing will be without prejudice to Montu’s right to unilaterally and immediately terminate the Services and to disable and cancel the Montu Account, in the event of breaches as serious in Montu's reasonable judgment (hereinafter, a "Serious Non-Compliance"), and without prejudice to any other actions that may proceed in accordance with the law and these Terms and Conditions.

Only as a reference and without limitation, and without prejudice to Montu discretion to determine on a case-by-case basis whether a certain conduct constitutes a Serious Non-Compliance, the following situations will be considered as a Serious Non-Compliance:

(i) Failure to timely pay the agreed-upon fees, if applicable.

(ii) Unauthorized use of any trademark owned by Montu.

(iii) The provision of wrong, false, inaccurate, incomplete or otherwise unreliable information required for User registration or for the provision of the Services.

(iv) Use the Site for fraudulent and/or unlawful purposes.

(v) For any conduct or omission by the User that violates the provisions of intellectual and industrial property laws, whether by reproducing, modifying, preparing derivative works of the Site, distributing, distributing, licensing, leasing, renting, reselling, transferring, publicly displaying, publicly performing, transmitting, retransmitting or otherwise exploiting the content of the Site.

(vi) Attempt unauthorized access or damage to any aspect of the Site.

(vii) If any law is violated, or any of the provisions contained in the Terms and Conditions, the following shall apply.

(viii) Any unauthorized use of the content of the Site.

(ix) Unauthorized use of any data or information provided by Montu or made available in any form to the User.

(x) The transmission to the Site of any virus or code of a destructive nature.

In the event of a Serious Non-Compliance, the rights granted to the User under these Terms and Conditions will be immediately suspended, and the Montu Account will be permanently disabled, without the right to any refund or compensation in its favor.

Finally, Montu shall have the right to reject any registration request and cancel a registration or Montu Account in the event that it has reasonable grounds to believe that a User has provided invalid information and/or has engaged in any conduct or fraudulent use of the Site, fraudulent or contrary to the Terms and Conditions or governing law or has incurred in a Serious Non-Compliance.

9.01 Montu Intellectual and Industrial Property.

By accepting these Terms and Conditions the User acknowledges and declares, without reservation, that, except for any information or content provided by the Users, the information or content available on or through the Services and the Site, as well as any development, update and/or improvement to projects, products, services, processes, businesses, databases, procedures, computer programs, or discoveries and, in general, any element or information of Montu and all inventions, copyrights, documents, reports, research, formulations, applications and, in general, any work pre-existing the commercial relationship or created, made or developed by Montu as a consequence and on the occasion of its Services, are or are not susceptible to be protected, registered or patented in accordance with the terms and conditions of these Terms and Conditions, applications and, in general, any work prior to the commercial relationship or created, carried out or developed by Montu as a consequence and on the occasion of its Services, whether or not they are susceptible to be protected, registered or patented in accordance with the legislation in force, are and will be the exclusive domain of Montu and/or its licensors, as well as any other type of intellectual or industrial property previously generated or that is generated or derived from such Services, without any limitation or condition and for the entire period or term of protection established by the governing laws on intellectual and industrial property matters, without further charge to Montu.

The content is provided “AS IS” for your information and personal use exclusively. Except as expressly provided in these present terms and conditions. No part of the Site may be copied, reproduced, aggregated, republish, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Consequently, the User declares that he/she has no rights whatsoever over the Site, the Services and other goods mentioned above, which are the sole and exclusive property of Montu and/or its licensors, waiving any claim, action or right over them.

In this regard, Montu, its licensors and suppliers, reserve all right, title and interest in and to the Services and the Site, including all related intellectual property rights. No rights are granted to the User beyond those expressly set forth in these Terms and Conditions.

The User undertakes to respect such intellectual property in accordance with Law No. 17,336 on Intellectual Property and its subsequent amendments; and to ensure that its employees and professionals who provide services to the User do so.

The User acknowledges that the trademarks of Montu, its related persons, and its licensors, are highly valuable assets, which the User undertakes to respect and protect, refraining from performing any act that may discredit or damage such trademarks. It is expressly stipulated that neither these Terms and Conditions grant the User any right over, nor for the use of, the trademarks associated with Montu, except with prior written authorization from the latter, and only within the scope of the Services referred to in these Terms and Conditions.

9.02 Authorization granted to Montu.

The User grant Montu a free, international, non-exclusive license to use all the contents included in their publications, such as trade names, trademarks, images, texts and any other distinctive element or sign identifying the Content Creators or the Brands on the Site. This authorization does not imply the transfer of intellectual or industrial property rights that may exist in such content. They also, grant and will grant to each user of the Site and/or the Services a non-exclusive and perpetual license to access to your User contributions through this Site and/or the Services, and for use, edit, modify, reproduce, distribute, prepare derivative works, show and execute those contributions, even after the termination of your Montu Account or the Services.

The Users declare that they have all the necessary powers to grant the license to Montu, under the terms mentioned above.

Furthermore, the Users shall be liable for any infringement of third party rights that the use of such content may cause, and that they undertake to indemnify Montu against any claim that they may receive from third parties arising from the use of the content described above.

The Services offered by Montu are subject to the following conditions:

(i) Montu reserves the right to refuse Services to any person to the extent that it determines that the request for Services is for unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or otherwise objectionable acts or in violation of the intellectual property of any party, third party, or these Terms and Conditions. In addition, Montu reserves the right to refuse any request made, while retaining the right to limit or cancel the quantities of postulations per Content Creator and/or Campaigns by the Brand. These restrictions may include orders postulations and Campaigns made by or under the same Montu Account.

(ii) Remunerations and descriptions of the Campaigns offered are provided by the Brands and are subject to change without prior notice, to the extent that this has not been awarded. After the Campaign has been awarded, unilateral changes to its conditions will not be accepted. In this way, any change in the conditions of the Campaign must be requested by the Brand to the Content Creator, and the latter must express its agreement with the change.

(iii) Montu reserves the right to, at any time, modify or discontinue the Services, without prejudice to the fact that it will always ensure the correct termination or completion of the Services in progress.

(iv) Montu will not be liable for any modification, price change, suspension or interruption in the Services.

(v) Regarding Campaigns posted through the Site, or any content related, Montu does not assume the obligation to determine whether: (a) they comply with all governing laws, regulations, and rules, including, among others, those related to safety, labeling, testing, warnings, import/export, and other applicable consumer protection laws; (b) they do not infringe upon any intellectual and industrial property rights, advertising, or other rights of third parties; (c) they do not contain false, inaccurate, or misleading information; (d) they are authorized to be distributed from the Brand jurisdiction and/or the Content Creator jurisdiction. Montu has made every effort to display as accurately as possible the colors and images of the Brand´s Campaign and the Content Creators postulations. Montu cannot guarantee that the display of any color on your computer monitor is accurate.

From time to time, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to Brand’s Campaigns descriptions or applications of the Content Creators Montu reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Campaigns and/or postulations if any information on the Service or the Site is inaccurate at any time without notice

The Brands undertake to carry out the necessary verification or due diligence of the compliance and suitability of the Content Creator to their Campaign, as well as to accept the legal implications of their Campaigns through the Site under the Services, including but not limited to, taxes and fees, the granting of licenses and any customs procedures, duties or tariffs associated with international purchases. You hereby release Montu from any and all liability in this regard and agree to indemnify, defend and hold harmless Montu from any and all claims as provided in Article XVI below.

11.01 Campaign.

The Brand must generate a Campaign order on the site by selecting the “Create Campaign” option, indicating its details and whether the call will be open (through free applications on the Site) or close (with invitation). Based on the Campaign information, Montu may provide the Brand with a list of Content Creators automatically suggested based on the information provided by the latter and the characteristics of the Campaign indicated by the Brand, allowing the Brand to select those Content Creators it wishes to invite to apply.

Montu will notify the Brand every time a Content Creator applies to for one of its Campaigns. The Brand will be able to see all the relevant data of each of the Content Creators who have applied to the Campaign, including Associated Accounts, their audience profile, interests, past collaborations, among others. Then, the Brand will be able to select profiles of Content Creators to whom it wishes to award the Campaign.

After the Campaign is awarded and accepted by the Content Creator, the latter must upload the content required by the Brand through the site (hereinafter, the “Collaboration”). After the Collaboration is completed, the Brand will remunerate the Content Creator as agreed at the time of awarding the Campaign.

11.02 Content Creator Application.

Each Content Creator may apply to the Campaigns that appear available on the Site, depending on whether it is open or if he/she received an invitation, in accordance with the period of calendar days established unilaterally by the Brands. To apply, you must select the Campaign that best suits your interests, and in where the particular conditions of the Campaign will appear. The Content Creator accepts that at the moment of applying to the Campaigns, he/she grants full license to the Brands to have access to the content of the Content Creator in their Associated Accounts. Likewise, the Content Creator agrees that the uploading Collaborations through the Site, is subject to Montu's approval of the content.

If the Campaign is awarded to the Content Creator, an acceptance request will be generated, so the Content Creator gives their pure and simple consent to participate in the Campaign. In the event that the Content Creator does not express its acceptance or rejection within the indicated period, the award will be deemed rejected, and the Brand may be awarded to another Content Creator who has applied for the Campaign.

12.01 Obligations of the Content Creator.

The Content Creator declares and guarantees compliance with all obligations established in these Terms and Conditions. Additionally, the Content Creator undertakes to:

(i) Respect the conditions of the Campaigns available on the Site and in this Terms and Conditions.

(ii) Provide accurate and up-to-date information when of registering on the Site.

(iii) Respect copyrights and trademarks when creating content.

(iv) Comply with the deadlines for the delivery and creation of Collaborations.

(v) Respond to queries from the Brands.

12.02 Obligations of the Brands.

The Brands declares and guarantees the compliance of all the obligations established in this Terms and Conditions. Additionally, the Brands undertakes to:

(i) Respect the conditions of the Campaigns uploaded on the Site.

(ii) Pay the remuneration offered to the awarded Content Creators.

(iii) Accept the means of payment that Montu makes available to pay for the use of the Services.

(iv) Respect the copyrights and trademarks when creating Campaigns.

(v) Ensure that the requested Collaborations do not violate applicable legislation.

13.01. Contracting and payment means.

In some cases, particularly when registering as a Brand Account, Montu will charge a monthly fee for the use of the Site and the Services, which will be duly agreed upon between Montu and the Brands prior to the commencement of the provision of Services, through a software services contract (hereinafter, the “SaaS Contract”). The Brands undertake to pay Montu the reported fee, at the times and amounts provided for the particular conditions of the SaaS Contract. All of this information will be available and must be accepted at the time of registration on the Site.

If the fee varies from the pre-authorized amount (except for the imposition or change in the amount of state sales tax), the Brand will have the right to receive notice of the new amount to be charged and its scheduled charge date. You further agree that Montu may accumulate charges incurred and present them as one or more consolidated charges during or at the end of each billing cycle.

13.02 Payments.

(a) Payment deadlines.

The Brands must comply with the payment of the remuneration of the Campaigns through the payment method indicated in the Brand Account and/or available at the time of payment, within the maximum period indicated in each case. The Content Creator will receive payment of compensation for the Campaign within the period indicated for each payment method.

Users declare that they know and accept that the payment methods or payment portals available belong to third-party companies that provide these services, independent and not linked to Montu, so payment terms, receipt of funds, and any other aspect related to payment methods, will be exclusive responsibility of the companies providing these services and in no case of Montu.

Content Creators must notify Montu and the active Brands in writing at least thirty (30) days prior of any change in the payment methods they keep available. If this notification is not carried out, Montu will keep the payment methods initially indicated by the Content Creator enabled and for no reason will it be considered a breach. In the event that payment cannot be made because the means of payment has been cancelled by the Content Creator, the payment will be made by bank transfer to the account in the name of the Content Creator indicated by the Content Creator. The foregoing must comply with in all cases with current local regulations and in the case of accounts abroad or with third parties, prior written approval of the corresponding Content Creator.

(b) Taxes.

The User acknowledges and agrees that he/she is the only liable for the collection and remittance of any taxes, including IVA and any other applicable taxes, as well as any other payments or declarations required by applicable law.

13.03 Non compliance of the Brands.

If the Brand is in default or simply delay in its payment obligations or any other obligation owed, Montu may either indistinctly or copulatively:

(i) Cancel any pending Campaign of the Brand.

(ii) Temporarily or permanently suspend the Brand.

(iii) Terminate the SaaS Contract early, in accordance with the terms and conditions therein.

14.01 Content Creator Profile.

Each Content Creator has a profile on the Site through which they present their Collaborations, including their descriptions and other relevant information, that must be delivered in full by the Content Creator (hereinafter, the “Content Creator Profile”).

Montu will create and design the Content Creator Profile, with the information provided by each Content Creator. Notwithstanding the foregoing, Montu authorizes the Content Creator to edit it himself/herself, as permitted by the editing settings provided by Montu in his profile. Whatever the case, Montu reserves the right to adjust, edit, approve or reject the design of the Content Creator Profile, at its sole discretion.

Additionally, the profiles may be displayed and/or grouped freely within the Site, and may be grouped by type or category, sub-categories, among other classifications, which will be established based on the information collected by Montu.

For the purposes of the above, the Content Creator must provide Montu with a registration form with at least the following information: In this form, the Content Creator must provide the following information that will be made available in the Content Creator Profile: (i) name; (ii) description; (iii) contact information. Likewise, the following will be optionally requested: (i) Associated Accounts, (ii) address and (iii) portfolio of content made available.

14.02 Representations and Warranties.

The Content Creator represents and warrants that: (a) it is the sole and exclusive owner of such content, or that it has all rights, licenses, consents and permissions necessary to grant Montu the rights thereto as provided in these Terms and Conditions; and that, (b) neither the content provided nor any part thereof, nor the posting, uploading, publication, or transmission thereof, nor Montu use thereof on, through or via the Services and/or third party platforms, will infringe, misappropriate or violate any third party's patents, copyrights, trademarks, trade secrets or other intellectual and industrial rights, moral rights or other intellectual and industrial property rights, or rights of publicity or privacy, nor contain any defamatory, misleading or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that may in any way affect the operation of the Services, or result in a breach of any governing law or regulation.

The Content Creator is the sole responsible for the content it provides and for the accuracy of such content. Montu assumes no liability whatsoever for any postings made by the Content Creator or a third party whether on behalf of a Content Creator’s or a Brand’s posting on the Site.

After each Campaign, the Brands will evaluate the Content Creators successfully bidders.

Montu provides a star rating system, with 5 being the highest qualification. The ratings are calculated based on the opinions of all Brands that have left a review.

The descriptive text of the evaluations must be useful and complete. You must provide information about the characteristics of the Content Creator, its performance and its general satisfaction with the Campaign carried out.

Feedback about Content Creators from other Brands must be genuine. Montu practices a zero- tolerance policy for any reviews designed with the intention of deceiving or manipulating Users. No one will be allowed to write reviews as a form of promotion or in exchange for monetary reward on the Site.

16.01 Disclaimer of warranties.

The User accepts and acknowledges, without any reservation, that Montu offers and provides the Services and the Site AS IS and as available, without any warranty, either express or implied, either regarding its uninterrupted or error-free operation. Consequently, Montu shall have no liability for the loss of User's or third-party data or information, nor for any other losses, damages, and/or harms that may occur to the person, property, or information of the User, their dependents, their clients, or third parties, related to the use of the Site. The User understands and accepts that the use of the Site is at their own risk and acknowledges that the computer and telecommunications systems involved in their operation are not error-free, and that periods of unavailability may occur. Therefore, the User must take all usual preventive measures in the field of technological and/or virtual solutions to prevent any failures or unavailability from causing any kind of damage or harm.

The User acknowledges and agrees that the material on the Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information that are more accurate, complete, or timely as necessary. Any reliance on the material on this Site is at his own risk. The Services include content provided by third parties, as well as materials provided by Users and third-party licensors. All statements and opinions expressed in such materials, as well as all articles and responses to inquiries and other content other than information or documents provided by Montu, are solely the responsibility of the person or entity providing them. These materials do not necessarily reflect the opinion of Montu. We are not responsible, either to you or to third parties, for the content or accuracy of materials provided by third parties. Users are solely responsible for all communications and interactions you exchange with other users of the Services and with other people you communicate or interact with as a result of the Services.

We also do not guarantee that Brand Campaigns or Content Creator Collaborations will meet your expectations, or that any errors in the Service will be corrected. Without limiting the foregoing, Montu expressly disclaims any guarantees of merchantability, suitability for a particular purpose, quiet enjoyment, or non-infringement, as well as any warranties arising from the course of dealing or usage of trade. Montu does not warrant that the Services and/or the content of the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Montu does not warrant the quality of products, services, or content acquired or obtained through the Services, nor the accuracy, timeliness, truthfulness, completeness, or reliability of products, services, or content obtained through the Services, which will be the sole responsibility of the Content Creator as applicable. No advice or information, whether oral or written, obtained from Montu or through the Services or Site content, shall create any warranty not expressly granted herein.

Finally, the User accepts and acknowledges that the use of the Site is the sole responsibility of the User, and Montu shall not be liable for any damages caused by any of the following concepts:

(i) Damage caused by any virus or malware that may infect the User's equipment;

(ii) Infringements of intellectual and industrial property laws incurred by the User; and

(iii) Identity theft.

16.02 Liability for damages caused by Content Creators’ Collaborations.

The Campaigns are the exclusive property of the Brands, therefore, any potential damage or harm suffered by the Content Creator due to his/her participation in a Campaign through the Site, is and will be the exclusive responsibility of the Brand.

Likewise, Montu is not liable if that third parties are affected by the Campaigns or Collaborations uploaded to the Site.

16.03 Limitation of Liability.

Notwithstanding the foregoing, should the User have a legal right to claim against Montu for damages caused by the use of the Site, the User expressly represents and agrees that Montu’s liability to indemnify shall include only those direct and foreseeable material damages, excluding any other damages, such as indirect damages, loss of profits, moral hazard, etc., and, in any case, up to the maximum amount equivalent to the total and net sums received by Montu from the respective User in the six (6) months immediately prior to the time Montu is declared liable.

Under no circumstances Montu will indemnify the User, from any damages, attorneys' fees and costs ultimately awarded against the user as a result of, or for amounts paid by the user under a settlement or claim against the User.

16.04 Montu’s Indemnity.

The User agrees to indemnify, defend and waive all liability to Montu and its related persons, as such term is defined in Law No. 18.045, subsidiaries, affiliates, shareholders, employees, directors, agents, contractors, exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of a breach by the User of these Terms and Conditions, the documents incorporated by reference herein, the violation of any law or the violation of any rights of a third party. Montu shall promptly give notice of any such claim, suit or proceeding, and is entitled to assume the defense of any such claim, suit or proceeding.

17.01 Waivers.

Montu’s failure to exercise or delay in execute any of its rights under these Terms and Conditions will not constitute a waiver thereof, nor shall any separate or partial execution of any right preclude the further execution of the same or any other rights. Only a written waiver signed by a legal representative of Montu will have any legal effect.

17.02 Independence of the clauses.

If any provision of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

17.03 Notifications and communications.

All notices and other communications referred to the Terms and Conditions shall be by written and shall be sent by e-mail or registered mail, or delivered personally with acknowledgement of receipt, and shall be sent to the addresses indicated by Montu and the User on the Site. In the event that any of the indicated addresses or any of the data of such addressees is modified, it shall be sufficient to inform the other party by sending a notice in the manner indicated in this paragraph.

17.04 Governing law, domicile and jurisdiction.

These Terms and Conditions, as well as the relationship between the User and Montu shall be governed by and construed in accordance with the laws of the Republic of Chile. For all legal purposes, the User and Montu establish their domicile in the commune and city of Santiago, Chile, and extend jurisdiction to its ordinary courts of justice.

17.05 Article designations and numerals.

The titles and headings of the articles and paragraphs of these Terms and Conditions are for convenience only and shall not affect the interpretation of any provision hereof.

17.06 Interpretation.

Unless otherwise expressly stated in the Terms and Conditions: (i) the singular form includes the plural and vice versa; (ii) reference to any contract, document or instrument, means that contract, document or instrument, including its modifications or amended versions, so long as it is in effect in accordance with its terms and, if applicable, the terms of the Terms and Conditions; (iii) a reference to a Law means that Law and its amended, modified, codified or re-enacted versions, in whole or in part, and so long as it is in force, including, if applicable, rules and regulations promulgated in execution thereof; and (iv) a reference to a Recital, Clause, Article, or Paragraph means the Recital, Clause, Article, or Paragraph of the contract to which it refers.

17.07 Termination.

These Terms and Conditions are effective unless and until terminated by any party. The User may terminate these Terms of Service at any time by giving us thirty (30) days notice that you no longer wish to use our Services.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due. Up to and including the date of termination, and/or, accordingly, may deny your access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.