Phanteus Terms and Conditions of Service

These terms govern the relationship between Phanteus and the businesses and people who contract its services. The Spanish version is the reference text; this translation is provided for convenience.

In short: Phanteus provides the technology: the website, the online store, the point of sale and the account to sign in to all of them. Your business is still yours: your products, prices, sales, content and the relationship with your customers are your responsibility. Money from your online sales goes straight to your own payment-gateway account, never to Phanteus. We make a serious effort to keep everything working without interruptions, but we depend on providers and on the internet, so our liability has limits (section 15).

1. Who we are and what these terms cover

Phanteus is the brand under which GOMEZ S.A.S. operates, a Colombian company with tax ID (NIT) 902.058.719-9, domiciled in Bogotá D.C. Address: Kr 24 # 22B-36, Los Mártires, Bogotá D.C. Phones: +57 323 581 0259 and +57 310 461 3857. Email: soporte.phanteus@gmail.com.

These terms apply to the services Phanteus provides to businesses and professionals:

• Trebial Web: managed business websites, either in the shared offer (on the Phanteus platform) or in the “site in your name” offer (on the Client’s own accounts).
• Trebial Commerce: the online store built on Trebial Web: catalog, cart, orders, coupons and online payments through the Client’s own gateway account.
• Trebial POS: the cloud point of sale and its modules.
• Phanteus Account: the single account each Client’s people use to sign in to the products their company contracted.
• Related services agreed in each case: design, setup, initial content loading, training and support.

Consumer apps (such as Mapira) have their own terms in the legal center.

Order of precedence. If there is a conflict, the proposal or service order accepted by the Client prevails first (price, scope, timelines and special conditions), then these terms, then their annexes: the Personal Data Policy, the Data Processing Agreement and the Acceptable Use Policy.

2. Definitions

• Client: the business or person that contracts a Phanteus service for its economic activity.
• Users: the people the Client authorizes to use the service (staff, administrators, sellers).
• Buyers or end users: the Client’s own customers, who visit its site, contact it or buy from it.
• Service: what the Client contracted, as described in its service order.
• Platform: the software, infrastructure, base designs and templates Phanteus uses to provide the service.
• Client Content: everything the Client or its Users upload or publish: texts, images, trademarks, products, prices, data and settings.
• Service order: the proposal, quote or order the Client accepts in writing or electronically.

3. What Phanteus does and does not do

Phanteus is a technology provider: it provides software as a service and related digital services.

• It does not sell the Client’s products or services and is not a party to contracts between the Client and its Buyers.
• It is not a marketplace or a sales intermediary. Each site and store belongs to the Client, under the Client’s brand, domain and contact details, and is operated by the Client.
• It does not receive, hold or transfer money from the Client’s sales (section 10).

The Client contracts for its business or professional activity, so this is a relationship between merchants or professionals, without prejudice to mandatory rules that may apply.

4. Contracting

1. The service is contracted through a service order stating its scope, price, payment terms, timelines and duration.
2. Acceptance by email, message, form, checkbox or payment is as valid as a signature (Colombian Law 527 of 1999).
3. The person accepting represents that they are authorized to bind the Client and that the information provided is true and up to date.
4. Phanteus may decline an order, for example when the Client’s activity breaches the Acceptable Use Policy.

5. Accounts and access

• Each person signs in with their Phanteus Account using a one-time code sent to their email. Codes are personal and must not be shared.
• The Client decides who gets access and with which role, is responsible for what its Users do in the service, and must remove access for people who no longer work with it.
• The Client must tell us immediately about any suspected unauthorized access. To protect the service, Phanteus may temporarily lock a compromised account.
• Accounts are for adults acting on behalf of the Client.

6. Price, invoicing and payments

1. Price, billing period and payment method are those in the service order. Depending on the plan, there may be:
   • an implementation fee and a service period that includes hosting and maintenance while the service is active;
   • a monthly subscription with the minimum term stated in the order (for example, the online store).
2. Prices are in Colombian pesos; applicable taxes are stated in the order.
3. Late payment: Phanteus will notify the Client by email. If payment is still pending fifteen (15) calendar days after the notice, the service may be suspended until paid (section 17). Suspension does not cancel the debt.
4. Refunds: periods already provided and work already delivered are not refunded, except where the law requires it or the service was not provided due to Phanteus.
5. Price changes are announced at least thirty (30) days in advance and apply from the next period. If the Client disagrees, it may terminate before they apply.
6. Third-party costs (domain, payment gateway and its fees, text messages, own email and other external services) are borne by the Client unless the order says otherwise.

7. Scope, changes and support

• What each plan includes is what the service order says, within each plan’s fair-use limits (for example, number of catalog items, storage or users). Anything else is additional work, quoted separately.
• Support: by email at soporte.phanteus@gmail.com, on Colombian business days, Monday to Friday, 8:00 a.m. to 6:00 p.m. Our goal is a first response within one (1) business day; a full outage gets priority. These are service goals, not guaranteed deadlines.
• Phanteus may improve, change or remove Platform features. If a change removes an essential feature of the Client’s plan, we will give reasonable advance notice.

8. Availability, maintenance and backups

• We make reasonable efforts to keep the service available at all times. Our goal is 99% monthly availability, excluding scheduled maintenance and third-party failures. This goal is not a guarantee and does not give rise to compensation unless the service order says otherwise.
• Scheduled maintenance is done, where possible, during low-traffic hours and with prior notice.
• The service depends on providers and the internet: hosting, databases, email delivery, payment gateways, DNS and domain registrars. Their failures are outside our control (section 15).
• Data is backed up with our infrastructure providers’ tools. We recommend that the Client keeps its own copy of content it considers critical, such as photos, texts and product lists.

9. Client commitments

The Client is solely responsible for its business and its Content. In particular, it undertakes to:

1. Publish lawful, truthful content that it owns or has licensed, holding the rights to the texts, images, trademarks and works it uses.
2. Comply with the rules of its activity, including:
   • consumer protection (Colombian Law 1480 of 2011 and Law 2439 of 2024, where applicable): identifying itself as the seller, giving truthful and sufficient information, showing prices with taxes and shipping, honoring warranties, delivery times, the right of withdrawal, returns and payment reversals, and offering customer-service channels;
   • e-invoicing and the tax obligations of its sales;
   • advertising, intellectual property and permits for its activity.
3. Act as Data Controller for its Buyers’ and Users’ personal data: having its own data policy, obtaining any required authorizations and handling those people’s requests. Phanteus acts as its Data Processor under the Data Processing Agreement.
4. Publish only real testimonials, reviews, figures and certifications, with the authorization of whoever gives them.
5. Keep up to date prices, stock, sales conditions and contact details.
6. Comply with the Acceptable Use Policy.

10. Online store and payments (Trebial Commerce)

• The Client is the seller. The sale is between the Client and its Buyer. Prices, shipping, delivery, warranties, exchanges, returns, withdrawal and complaints are the Client’s responsibility.
• Online payments are collected through the Client’s own account with the payment gateway (for example, Wompi) or through methods the Client configures, such as bank transfer or cash on delivery. The money goes straight to the Client. Phanteus never receives or holds Buyers’ money.
• The relationship between the Client and the gateway (contract, fees, holds, payouts, chargebacks, reversals and fraud prevention) is solely between them. Phanteus is not liable for that relationship or for declined, held or reversed payments.
• Phanteus stores the gateway’s secret keys encrypted and uses them only to operate the integration: creating the payment and confirming its status. The Client must rotate them if it suspects someone else knows them.
• Prices, inventory and coupons are set by the Client; the Platform calculates totals from the Client’s configuration, and configuration errors are the Client’s responsibility.

11. Client Content and intellectual property

• Client Content belongs to the Client. To provide the service, the Client lets Phanteus host it, back it up, adapt it to the Platform’s format and display it, for as long as the service lasts and the time needed for export and deletion (section 18).
• The Platform belongs to Phanteus: code, base designs, templates, components and the Phanteus and Trebial brands. The Client receives a non-exclusive, non-transferable right to use it while the service is active, and may not copy, resell, decompile or reverse engineer it.
• In the “site in your name” offer, what is delivered to the Client and with which rights is defined in the service order.
• Ideas or suggestions the Client shares may be used to improve the Platform without any payment obligation.

12. Content removal and third-party claims

• Phanteus may hide or remove Client Content that is clearly unlawful, breaches the Acceptable Use Policy or must be removed by order of an authority. Where possible, we will notify the Client first and give it a chance to fix it.
• Anyone who believes a site hosted with Phanteus infringes their rights may write to soporte.phanteus@gmail.com, identifying themselves, the link and the reason. We will forward the notice to the Client, who must respond.

13. Personal data

• Data that Phanteus processes as Controller (for example, the Client’s contact people and Phanteus Account users) is governed by the Personal Data Policy.
• Data that the Client or its Buyers load into the service (orders, forms, point-of-sale customers) is processed by Phanteus as Processor, on the Client’s behalf, under the Data Processing Agreement, which forms part of these terms.

14. Confidentiality

Each party keeps the other’s non-public information confidential and uses it only for what was agreed. This obligation survives for two (2) years after the service ends, and indefinitely for personal data and trade secrets.

15. Limitation of liability

1. Phanteus is liable for direct damages caused by its breach of these terms. Its total liability for all claims will not exceed what the Client paid for the affected service in the six (6) months before the event or, if it was a one-time payment, the amount of that payment within the twelve (12) months after it.
2. Phanteus is not liable for:
   • lost profits, lost sales, customers or opportunities, reputational harm, or indirect or consequential damages;
   • the Client’s Content, products, prices, sales or its relationship with its Buyers;
   • failures, delays or decisions of third parties: infrastructure providers, payment gateways, banks, domain registrars, internet or email providers;
   • losses caused by misuse of the Client’s accounts or by not following our security recommendations;
   • third-party cyberattacks that occur despite reasonable security measures;
   • force majeure or acts of God (section 20).
3. Nothing above limits liability for willful misconduct or gross negligence (article 1522 of the Colombian Civil Code) or any liability that cannot be limited by law.

16. Indemnity

The Client will hold Phanteus harmless: it will defend Phanteus and reimburse its reasonable costs, including attorneys’ fees, against claims, lawsuits, complaints or penalties from Buyers, Users, authorities or third parties arising from:

• the Client’s Content;
• its products and services, sales and warranties;
• its processing of personal data as Controller;
• its breach of these terms or of the law.

Phanteus will notify the Client of any claim as soon as it becomes aware of it and will reasonably cooperate in the defense.

17. Suspension

Phanteus may suspend all or part of the service:

• for late payment (section 6);
• for a security risk to the Client, other clients or the Platform;
• for a prohibited use under the Acceptable Use Policy;
• by order of an authority.

Except in urgent cases, we will give notice first and explain what must be fixed. The service resumes once the cause is resolved.

18. Term, termination and exit

• The service lasts as stated in the service order and renews automatically for equal periods unless notice is given.
• The Client may terminate with thirty (30) days’ notice by email, paying what has accrued and, if the order had a minimum term, the remaining months of it.
• Phanteus may terminate:
  • for a serious breach by the Client not cured within fifteen (15) days of notice;
  • immediately, for a serious prohibited use;
  • with sixty (60) days’ notice, if it stops offering that service.
• On termination:
  • the Client has thirty (30) days to request an export of its content and data in the formats the Platform supports;
  • after that, they are deleted, except what the law requires us to keep and backups, which are deleted in their normal cycles;
  • the domain, if it belongs to the Client, remains at its disposal.

19. Changes to these terms

We may update these terms. Material changes are announced at least thirty (30) days in advance by email or in the dashboard; changes required by law apply when the law provides. If the Client disagrees, it may terminate before the change applies; continued use means acceptance.

20. Force majeure

Neither party is liable for failing to perform due to unforeseeable and irresistible events: natural disasters, general internet or power outages, large-scale attacks, acts of authority, conflicts or similar events. The obligation is suspended while the event lasts. This does not excuse payment obligations already accrued.

21. Providers and assignment

• Phanteus provides the service with specialized providers, listed in the Personal Data Policy, and is responsible to the Client for choosing them under these terms.
• The Client may not assign the contract without Phanteus’s written consent. Phanteus may assign it to whoever continues the service, with notice to the Client.

22. Governing law and disputes

1. These terms are governed by the laws of the Republic of Colombia.
2. If there is a disagreement, the parties will first seek a direct settlement for thirty (30) days after one of them raises it in writing.
3. If there is no agreement, they may go to conciliation before a conciliation center in Bogotá D.C. and, if that fails, to the courts of the Republic of Colombia.

None of this prevents anyone who qualifies as a consumer from bringing the actions the law grants them before the Superintendence of Industry and Commerce.

23. Contact and notices

• Phanteus: soporte.phanteus@gmail.com.
• We will write to the Client at the email in its service order or Phanteus Account, which the Client must keep up to date.

24. Miscellaneous

• These terms, the service order and their annexes are the entire agreement between the parties regarding the service.
• If a clause is found invalid, the others remain in force.
• Not exercising a right at a given time does not waive it.
• The Spanish version is the reference text.