Terms and Conditions of Use.

These terms and conditions of use ("Terms and Conditions") constitute a contract between you ("User"), MAGNETIC BUNNY ("Magnetic Bunny") and MAGNETIC BUNNY CORREDORA DE SEGUROS ("Broker"), in connection with the services (the "Services" or the "Software") offered through the Portal www.magneticbunny.com (the "Portal") or by any other means, being the User subject to these Terms and Conditions.

The Services

Magnetic Bunny provides the User with a digital consulting service for sales and customer service, segmentation of users, among others, with the characteristics of different services and products provided by various businesses (the "Commerce" or "Merchants"), so as to allow the User to choose the product most suited to their needs. The services contain digital components, such as Artificial Intelligence, among others.

The Broker offers the intermediation of insurance policies with insurance entities or insurance companies (the "Company" or the "Companies"), advice to the parties involved in the contracting of insurance as established by law and the respective regulations; the design of insurance programs, insurance policies, risk evaluations and in general the comprehensive advice in the contracting of insurance and in the coverage of risks of any kind or nature.

For a better service, the Merchant and the User authorize to be contacted by telephone and digitally, or by any other means provided at the moment of accepting the Terms and Conditions of the Portal, which are understood to be part of this instrument, for all legal effects, with the purpose of being advised by a sales executive in the comparison process. It may also happen that you are contacted by executives of the Companies for the completion of the request or contracting of the service. This happens because there may be situations in which the User is redirected from the Portal to the Companies. Faced with this, the User consents to be contacted by the Companies in the described circumstance.

These Terms and Conditions set forth the rights and obligations that arise for Magnetic Bunny, the Merchant, the User and the Broker, by the use of the Services.

The User and the Merchant must read, understand and accept all the provisions set forth in these Terms and Conditions and other policies and regulations supplementing the same, prior to making use of the Portal and the Services.

ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE PORTAL AND THE SERVICES.

By accepting the Terms and Conditions, the User and the Trade declare to have been informed in a clear, understandable and unambiguous way of the same, have had the possibility to store and print them. In addition, Magnetic Bunny and the Broker maintain an updated version of the Terms and Conditions on the Portal so that the User can consult them at any time. By accessing and using the Portal, the User acknowledges that you have read and accepted these Terms and Conditions and agrees to comply with all the provisions herein. You further acknowledge and agree that your access to and use of the Site shall be subject to the Terms and Conditions in effect at the time you access the Site. Magnetic Bunny reserves the right to modify at any time these Terms and Conditions with full respect to the laws governing the consumption of goods and services, as well as any other general or specific conditions that may apply. Magnetic Bunny also reserves the right to suspend, discontinue or cease to operate the Portal at any time.

2.- Content

The Site provides the User with access to various content, information and data provided by Magnetic Bunny in connection with the Services (hereinafter the "Content"). Magnetic Bunny reserves the right to modify at any time the presentation and configuration of the Site, as well as the corresponding conditions of access and use. Magnetic Bunny does not guarantee that the Content provided through the Portal will be in any case correct, complete or updated, information that will depend on what users inform Magnetic Bunny at the time of posting their products and services on the Portal.

3.- Access and Use

Access to the Portal is limited to persons over 18 years of age. Notwithstanding the foregoing, access to certain content and/or participation in MAGNETIC BUNNY promotions may be limited to emancipated minors or duly represented by whom the law designates in such capacity, as indicated in each case. In general, the User may access the Portal freely. The User acknowledges and accepts that the access and use of the Portal takes place freely and consciously, under his/her exclusive responsibility. MAGNETIC BUNNY will in no case be responsible for the use that the User and/or third parties may make of the Portal or for any damages that may arise therefrom.

The User agrees to make an appropriate and lawful use of the Portal in accordance with applicable law, these Terms and Conditions, morality, good customs and public order. The User shall refrain from (i) making unauthorized or fraudulent use of the Portal; (ii) accessing or attempting to access restricted resources of the Portal; (iii) use the Portal for purposes or effects that are illicit, illegal, contrary to the provisions of these Terms and Conditions, good faith, morals, good customs and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or impede the normal use of the Portal; (iv) cause damage to the Portal or the systems of its suppliers or third parties; (v) introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the systems of MAGNETIC BUNNY, its suppliers or third parties; (vi) attempt to access, use and/or manipulate the data of MAGNETIC BUNNY, third party suppliers and other users; (vii) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents and/or the Portal, unless authorized by the holder of the corresponding rights or it is legally permitted; (viii) obtain or attempt to obtain the Contents using means or procedures other than those made available for this purpose in the Portal.

The User may only access the Portal through authorized means.

4.- Additional Conditions for Access and Use

The access and use of the Gateway will be subject in any case to the previous registration of the User by filling in the corresponding form ("Registration Form"), which will be previously provided digitally to the User, who must fill in all the mandatory information. MAGNETIC BUNNY may deny the Registration of a User if, in its opinion, he/she does not comply with the Terms and Conditions, MAGNETIC BUNNY's Privacy Policy and other relevant provisions. The data entered by the User in the Registration Form must be accurate, current and truthful at all times. MAGNETIC BUNNY reserves the right to delete and/or block temporarily or permanently the account of a User, who has accessed it through the delivery of the Registration Form with inaccurate, outdated or false information, when MAGNETIC BUNNY becomes aware of any of these facts.

The access and use of the Portal will be subject to a password that the User creates at the moment of filling out the Registration Form. When accessing the Portal using the aforementioned password, the access will be deemed to be made by the User who has such password, who will be liable in any case for such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. In case of forgetting the password or any other circumstance that entails a risk of access and/or use by unauthorized third parties, the User will immediately inform MAGNETIC BUNNY so that it can immediately proceed to block and replace it (the password replacement process will follow the same procedure as for the original password). Thus, any operations carried out prior to such communication will be deemed to have been carried out by the User, who will be responsible and liable for the costs and/or damages arising from any unauthorized access and/or use carried out prior to such communication.

5.- Price of the Service and Payment

The User declares that from the moment he/she accepts these Terms and Conditions through the Portal, he/she is fully bound by them according to what is stated in this document.

The User who only uses the Portal for the purchase and customer service by the merchants will also be bound by these Terms and Conditions.

It is hereby stated for the record that the available plans, the services they include and their respective prices are published on the Portal in the "Prices" section or similar, which are deemed to be fully reproduced in these Terms and Conditions and are considered an integral part of the same. The price for the Services, regardless of their value, may be paid through the means of payment duly informed in the Portal, leaving on record that such price may be paid in installments, as long as it is made by credit card or means of payment available in the Portal.

It shall be the sole responsibility of the User to make the declaration and payment of taxes and comply with any other related obligations, and Magnetic Bunny shall not be liable in this regard.

The price of the services of Magnetic Bunny is discounted, this is because the Merchants authorize Magnetic Bunny to contact the Users of their products and services to offer financial products and services, such as insurance, among others. In this way you can offer a reduced price for the Service. By using the service the user gives its explicit consent and approval to these Terms and Conditions. Therefore, the User and Commerce authorize MAGNETIC BUNNY, and its affiliates, to make use of this contact information in order to offer these products and services directly.

In accordance with the provisions of the Privacy Policy, the credit card data provided in the Portal, when applicable, will be sent to the payment provider company in charge of storing such data of the User and Merchants, to which the User expressly consents at the time of accepting these Terms and Conditions in the manner previously indicated. The User shall access or may be redirected to the payment provider's Portal through the link provided for such purpose in the Registration Form or where applicable. In any case, the User is advised to consult the terms and conditions of use and privacy policies of third party Portals to which they access through links included in the Portal as Magnetic Bunny is not responsible for such privacy policies, as set out in the Privacy Policy of Magnetic Bunny.

6.- The Conduct of Users

You acknowledge and agree that you may not authorize third parties to use the account you have created on the Portal. Also, you may not assign or transfer such account.

7.- Intellectual and Industrial Property Rights

The User and Commerce acknowledge and accept that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Portal (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video), belong exclusively to MAGNETIC BUNNY.

The User may only provide or upload images or videos, and information in general to the Portal, if he/she is the owner of such images and/or videos, having the copyright over them. Likewise, the User agrees that MAGNETIC BUNNY may use such photos and/or videos in the manner it deems appropriate. The User is fully responsible and undertakes to hold MAGNETIC BUNNY harmless for the use of the photos and/or videos, and information provided by him/her to the Portal or to MAGNETIC BUNNY, including any damage or harm caused by the photos being offensive to morality, discriminatory, and any other similar case. Also, if MAGNETIC BUNNY considers that the photos and/or videos provided do not meet the Portal's standards, it may download them from the Portal without having to give a reason for such action to the User.

Any other use or exploitation of any content and/or other elements inserted in the Portal other than those expressly provided herein, will be subject to prior authorization from MAGNETIC BUNNY.

8.- Use of Data, Licenses and Responsibilities.

i) Client Content. The data, content, communications, messages, messages, files, documents or other materials that you or your End Users generate or provide in connection with the Services or the Software, together with any resulting transcripts, recordings, results, displays or other content, are referred to as Client Content.

ii) Permitted Uses and Grant of License to Customer. Magnetic Bunny will only access, process or use Customer Content for the following reasons (the "Permitted Uses"): (i) in accordance with this Agreement and as necessary to perform our obligations and provide the Services; (ii) in accordance with our Privacy Statement; (iii) as authorized or instructed by you; (iv) as required by law; or (v) as otherwise required by law. (v) for legal, safety or security reasons, including enforcement of our Acceptable Use Guidelines. You grant Magnetic Bunny a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license and all other rights required or necessary for the Permitted Uses.

Magnetic Bunny may use the content of your audios, videos, chats, attachments or other communications, such as Customer Content to train Magnetic Bunny or Magnetic Bunny's own or third party machine learning and artificial intelligence models.

iii) Our Obligations Regarding Your Customer Content. Magnetic Bunny will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Customer Content. Magnetic Bunny will notify you if it becomes aware of an unauthorized disclosure or unauthorized access to Customer Content. Magnetic Bunny may use consultants, contractors, service providers, sub-processors and other third parties authorized by Magnetic Bunny in connection with the provision of the Services or the Software. Magnetic Bunny will ensure that any sharing of Customer Content with an authorized third party will comply with applicable Law.

iv) Customer's Responsibilities. You are solely responsible for complying with all laws and regulations relating to Customer Content, including laws that require you to obtain consent from a third party to use, license or generate Customer Content and to provide adequate notices of third party rights. Magnetic Bunny may remove any Customer Content, at any time and without notice, if Magnetic Bunny becomes aware that it violates any provision of this Agreement or any applicable Law. You retain all ownership rights in your Customer Content, subject to any license or other rights granted herein.

v) Data Generated by the Service. Telemetry data, product usage data, diagnostic data and similar data that Magnetic Bunny collects or generates in connection with your or your End Users' use of the Services or Software is referred to as Service Generated Data. Magnetic Bunny owns all right, title and interest in the Service Generated Data.

9.- Data Protection

The personal data that the User or Merchant provides through the Portal will be integrated into a digital personal data file for which MAGNETIC BUNNY is responsible. Registration or use of the service is a manifestation of the User's free consent for MAGNETIC BUNNY to treat the data in the manner described in these Terms and Conditions and the Privacy Policy, which is understood to be an integral part of these Terms and Conditions.

For more information, please refer to the Privacy Policy.

10.- Exclusion of Warranties and Liability

MAGNETIC BUNNY does not guarantee the availability and continuity of the Portal's operation. Consequently, MAGNETIC BUNNY will in no case be liable for any damages that may arise from (i) lack of availability or accessibility to the Portal; (ii) the interruption in the operation of the Portal or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the control of MAGNETIC BUNNY. Notwithstanding the above, in case the User experiences any kind of difficulty in relation to the operation of the Portal, he/she may contact MAGNETIC BUNNY staff through the e-mail contacto@magneticbunny.com. MAGNETIC BUNNY does not guarantee the absence of viruses or other elements in the Portal introduced by third parties not related to MAGNETIC BUNNY that may cause alterations in the physical or logical systems of the User or Merchants or in the electronic documents and files stored in their systems. Consequently, MAGNETIC BUNNY will in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User or Merchants.

MAGNETIC BUNNY adopts several protection measures to protect the Portal and its contents against computer attacks by third parties. However, MAGNETIC BUNNY does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances under which the User accesses the Portal. Consequently, MAGNETIC BUNNY will in no case be liable for any damages that may arise from such unauthorized access.

By subscribing to these Terms and Conditions, the User and the Merchant declare that they will indemnify MAGNETIC BUNNY, its parent company, MAGNETIC BUNNY's Subsidiaries, directors, partners, employees, attorneys and agents, against any claim arising from (i) breach by the User or the Merchant of any provision contained in these Terms and Conditions or of any law or regulation applicable thereto; (ii) breach or violation of the rights of third parties, including; and (iii) breach of the permitted use of the Portal.

11.- Notifications

MAGNETIC BUNNY may make appropriate notifications through a general notification in the Portal, through the e-mail address provided by the User or by regular mail to the address provided by the User in the Registration. The User or Business may notify MAGNETIC BUNNY by sending an email to the address contacto@magneticbunny.com, or through the Portal Contact.

12.- Assignment

The User or Merchant may not assign its rights and obligations arising from these Terms and Conditions without the prior written consent of MAGNETIC BUNNY, which may be requested through the e-mail contacto@magneticbunny.com, without any obligation of MAGNETIC BUNNY to accept such request. MAGNETIC BUNNY may assign, without prior consent from the User or Merchant, these Terms and Conditions to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any title.

13.- Applicable Law and Jurisdiction

These Terms and Conditions, as well as the relationship between MAGNETIC BUNNY and the User or Merchant, shall be governed by and construed in accordance with Chilean law. The parties agree that, according to the Consumer Protection Law, the User or Merchant who wishes to take legal action against MAGNETIC BUNNY, may do so before the Local Police Court of (i) the place where the act or contract was celebrated or executed, (ii) the domicile of the supplier, or (iii) the domicile of the consumer, at its option. In other words, the User or Merchant can always choose in which of these three territories he will exercise his action.

14.- Electronic Documents

The User as a manual recipient of electronic documents, in accordance with Exempt Resolution No. 11 of February 14, 2003 of the Internal Revenue Service (which established the procedure for taxpayers authorized to issue electronic documents can also send them by these means to manual recipients), declares and accepts the following:

By approving these Terms and Conditions, the User authorizes the company MAGNETIC BUNNY to be sent only by an electronic means the tax documents that do not cover the transfer of movable tangible property, either via email registered in your User profile or by posting them on the Portal www.magneticbunny.com.

Last modification, March 13, 2024