GENERAL TERMS OF SERVICES KIINOS DE BIENBONITA

Last Update: May 29, 2023

Introduction

This document contains the Kiinos Subscription Service Terms of Use that govern and regulate the conditions and scope of the services that Bienbonita, LLC. offers as a subscription service through its website https://www.kiinos.com and its Kiinos application. The names: "Kiinos Services General Terms", "Kiinos Subscription Services General Terms", "Bienbonita Kiinos Services General Terms", "Bienbonita Kiinos Subscription Services General Terms", "Bienbonita Kiinos Services General Terms" correspond to the Terms contained herein).

The Kiinos Subscription Service is a service provided online, which allows to generate: surveys, forms, questionnaires, forms, and other instruments for the capture of information (Content) that Users can reproduce through digital links or QR codes. Once these contents are created, Users may, by their own means, send the links and QR codes, to the various recipients of their choice, who by accessing the links or QR code, will enter the Kiinos Application, where they can: answer the survey, complete the form, answer the questionnaire, fill out the form or transmit information (Answers), which will be hosted in the Kiinos Subscription Service, with restricted access, allowed only to Users of the respective Subscription.

The Kiinos Subscription Service is offered through the website http://www.kiinos.com and the Kinos application in Apple Store and Google Store. The download of the application is free of charge, as well as the registration as a user, which we call Subscription. The first 14 days, we offer you a free service, but limited in the number of responses to your surveys, forms, questionnaires, questionnaires or other communications from your recipients, which we will host on our server and to which you will have access. To expand this service, we offer for sale prepaid plans, which we call "Packaged Plans" that offer you more storage capacity of answers and the incorporation of more users.

Our Kiinos Subscription Service is prepaid and is designed for individuals, entities and organizations (called Customers or Subscribers, interchangeably) to purchase and use for business and professional purposes. Kiinos is not intended for personal, family or household purposes.

The use of the Kiinos subscription service is governed by the following Kiinos General Terms of Service, which you must accept before you can use Kiinos services. You must read in full the Kiinos General Terms of Service, and only after expressing your acceptance and submission to them, by clicking on the button located at the bottom of these General Terms of Service Kiinos of Bienbonita and paying the stipulated price, you will have contracted and you can use the Kiinos Subscription Services.

Bienbonita is not obligated to create any specific product, service or work for its subscribers or users; nor for the recipients of its communications.

1. Fees and payments.

1.1 Fees for Services.

You agree to pay us for our Services and these payments are non-refundable.

You agree to pay Bienbonita, LLC. the applicable fee for each Service you purchase or use, in accordance with the BIENBONITA KIINOS GENERAL TERMS OF SERVICE and the prices and payments presented to you for such Service at the time of purchase. Rates may be updated from time to time in accordance with Section 1.4 below. Where applicable, you will be charged using the billing method available, on Kiinos Web/App. By paying by credit or debit card, you represent and warrant that the credit or debit card information you provide is correct and that you will promptly notify Bienbonita, LLC of any changes. Fees paid by you are non-refundable, except as provided in these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA or as required by law (see section 11 for more information).

1.2 Customers or Subscribers.

Under these Terms, Customers or Subscribers are all individuals and legal entities, who having registered on the Kiinos Platform and accepted these General Terms of Kiinos Services of Bienbonita, keep their Subscription active and pay to use the service we offer.

1.3 Subscriptions and Different Package Plans.

To use Kiinos Services, you must: a. read and accept these Terms and b. Subscribe (the subscription is made when you enter your personal data (Company, Name, Position, email address, create a secure and secret password; select the Package Plan of your convenience; you register a Credit or Debit Card, as a means of automatic payment that will begin on expiration of the first 14 days of use of the application, free of charge.

1.4 First 14 days free of charge.

Your subscription is completed when you select a Package Plan and order the payment by credit or debit card in the payment platform. The first 14 days of that first Package Plan, courtesy of courtesy of Bienbonita; you will have the opportunity to try the service and if you do not agree with it, you will have the opportunity to cancel your subscription without any charge to the credit or debit card used to pay your Package Plan. From the 15th day we will charge you the price corresponding to the month that will start that same day.

1.5 Kiinos Prepaid Subscription Services.

We sell Package Plans, which consist of a certain amount of hosting of the recipients' responses to surveys, forms, questionnaires or other forms of communication addressed to them by the Subscriber, carried out within the term of the contracted Package Plan.

Payment to Bienbonita, for the contracted Services, is made by credit or debit card, automatically, on a monthly basis. The Subscriber may deactivate the automatic renewal of his Package Plan or cancel his Subscription at any time.

We understand that a Response" is all the information that a Recipient provides by logging in to the Kiinos Service and completing: a survey, a form, a questionnaire, a copy of any other form of communication.

A Package Plan is terminated, whichever occurs first between: a) Exhaustion of the number of hosts available for the same number of Responses, according to that Package Plan, or b) expiration of your Package Plan, due to the fact that it has reached thirty days of its validity;

Immediately upon expiration of a Package Plan, it will be renewed by automatic charge to the Subscriber's credit or debit card, which is debited to the Subscriber's Account.

The term of the Package Plan is 30 days. When the Package Plan expires, you will be charged and a new Package Plan of the same capacity and price as the expired one will be enabled. If you do not wish to automatically renew the Package Plans, you can cancel the automatic renewal, in the same web/app, giving notice to info@kiinos.com. You can also cancel the automatic renewal of your subscription at any time.

If you cancel the automatic renewal of your Package Plan, your subscription will continue until the termination of the Package Plan that is still in force. Thirty days after the end of the last contracted Package Plan, you will no longer have access to the information and data hosted in Kiinos. To close your account and terminate your contract, see section 10.1. of this instrument.

1.6 Taxes.

The published prices of the Package Plans do not include taxes, (value added, sales, use or withholding taxes) that any jurisdiction may apply.

(a) U.S. Sales Tax: In the event that we are required by law to pay or collect a sales tax for which you are liable, we will calculate such tax based on the billing information we have about you and will charge you that amount (which may be at the highest rate then in effect if your billing information is incomplete or incorrect), unless you timely submit a valid tax exemption certificate acceptable to the applicable taxing authority.

In order for the filing to be timely, you must provide us with a tax exemption certificate prior to your initial purchase or upgrade or, if you do not do so at that time, within 90 days after such purchase or upgrade, unless your billing information is located in Alabama, Louisiana, Maine, Massachusetts, Pennsylvania or South Carolina, in which case the period will be within 60 days; or if you are located in Hawaii, Mississippi or New Mexico within 45 days.

If you submit a tax exemption certificate, you represent and warrant that it accurately reflects your tax situation and that you will ensure that it is kept up to date and accurate.

If we have collected sales tax from you and we subsequently determine in our sole discretion that your tax exemption document is valid, we will reimburse you for the amount of sales tax collected in accordance with applicable state tax laws.

(b) Sales Tax Outside the United States: If applicable, we will charge you VAT, GST or other sales, excise or use taxes arising in connection with your purchases of Bienbonite Services unless you present a tax identification number entitling you to an exemption, a valid tax exemption certificate or other documentary evidence issued by an appropriate taxing authority stating that the tax should not be charged. If you are in a jurisdiction with multiple sales, excise or use taxes, we may charge you the highest rate in effect if your billing information is incomplete or incorrect.

If you are required by law to withhold any taxes from your payments to Bienbonita, you must provide Bienbonita with an official tax receipt or other appropriate documentation verifying such payments.

1.7 Price changes.

Package Plan pricing may change and will apply only to the sale of Package Plans that you purchase after Bienbonita notifies you of the Package Plan pricing change. If you do not agree to the rate change, you can stop the automatic renewal of your package plan at automatic renewal of the package plan in the same application, by logging into your Kiinos Service subscription account. You may also terminate your relationship with Bienbonita, LLC by requesting termination of your Kiinos subscription.

1.8 Content Hosting.

Hosting is the service of storing in the virtual servers of Bienbonita, LLC, (in Amazon Web Services -AWS-) for a determined or determinable time: (a) the Content produced by the Users of each Subscription of the Kiinos Subscription Service; and (b) a certain number of Responses given to surveys, forms, forms, questionnaires or other types of communications, which the Recipients of the Subscriber answer after entering the Kiinos Application through the digital link or reading the QR Code shared with them by the Users of the respective Subscriptions.

1.9 Additional Accommodations.

Each Package Plan has a limit on the number of Responses that can be hosted on the Kiinos virtual server. If the hosting limit of the Package Plan you hired is reached, it will be considered exhausted and no more answers will be hosted until you hire a new Package Plan. The Answers will be available on the web/app for 30 days, counted from the day the Answer is hosted. A new Package Plan serves the function of providing storage capacity for Responses (old and new). If you fill the capacity of the Package Plan, you will have to; a. Purchase a new Package Plan with a larger capacity or b. Delete Responses that free up storage space. Delete Responses to free up storage space; you can always download the information prior to deleting it.

30 days after the last Package Plan has been exhausted, we will remove the Hosted Responses.

You understand and agree that, at the expiration of the Package Plan term, the remaining unused balance of hosting to receive Responses will not be transferred to another Package Plan.

2. Privacy

In our Privacy Policy we describe how we handle your Personal Data, which is defined in our Data Processing Terms.

You agree that:

a. The Privacy Notice and the Data Processing Agreement form part of these General Terms of Bienbonita Kiinos Services and apply to your relationship with Bienbonita, LLC.

b. Bienbonita may use and share your Content in accordance with Bienbonita's Privacy Notices and applicable data protection laws.

c. The Kiinos Services User is responsible for notifying third parties (Recipients of surveys, forms, forms, questionnaires or other communications) about Bienbonita's Privacy Notices.

Where there is a conflict between the Data Processing Agreement and these General Terms of Bienbonita Kiinos Services, the Data Processing Agreement shall prevail, except as to exclusion and limitation of liability, where these General Terms of Bienbonita Kiinos Services shall prevail.

2.1 Privacy.

We protect the confidentiality of your content, except in certain circumstances.

Bienbonita will treat your Content in strict confidence and will only use and disclose it in accordance with these Bienbonita Kiinos General Terms of Service (including Bienbonita's Privacy Notices). However, your Content will not be considered confidential information if: (a) it is or becomes publicly available (other than by Bienbonita's breach of these Bienbonita Kiinos General Terms of Services); (b) Bienbonita was legally aware of the Content prior to receiving it from you; (c) Bienbonita receives it from a third party without knowledge of a breach of any commitment to you; (d) it is disclosed on the Bienbonita Kiinos General Terms of Services (including Bienbonita's Privacy Notices); or (e) Bienbonita receives it from a third party without knowledge of a breach of any commitment to you; (d) is disclosed in the context of identifying your account as a business account owned by you (if your account is registered with a work email address within such organization); or (e) was independently developed by Bienbonita without reference to your Content. Bienbonita may disclose your Content when required by law or legal process, but only after Bienbonita, if permitted by law, uses commercially reasonable efforts to notify you and provide you with an opportunity to object to the disclosure request.

2.2 Safety.

Bienbonita will host and process your Content in a manner consistent with industry safety standards.

Any unauthorized or unlawful access, acquisition, alteration, use, disclosure or destruction of Personal Data, in connection with your account, will be treated as a security incident. Bienbonita will take reasonable steps to notify you promptly but without implying or construing a tacit admission of fault or liability on the part of Bienbonita.

Bienbonita will cooperate in investigations related to a security incident and will provide you with reasonable information that you request and that is available to us in connection with a security incident.

Failed login attempts, pings, port scans, denial of service attacks or other network attacks on firewalls or networked systems, or any other that do not compromise the security of personal data, are not considered security incidents.

3. Your Content

During the use of Kiinos Services, you can generate surveys, forms, forms, questionnaires and other types of communication that you design; you can incorporate personal data and also allow third parties to add more information and data of their persons, when they respond to your communications (Responses). We call all this your Content.

3.1 You are the owner of your Content.

You retain ownership of all intellectual property rights in your Content. Bienbonita will not claim ownership of any of your Content.

3.2 Royalty-Free License.

By subscribing to the Kiinos Subscription Service, you grant Bienbonita a royalty-free license, valid worldwide, to use, reproduce, distribute, modify, adapt, publicly disclose and otherwise exploit your Content, as well as to create derivative works from it (including on paper or digital media such as hard drives and flash drives), and by any means or process, including wired, wireless or online transmission of digitized or analog data, but only for the limited purpose of providing the Services to you and improving the Services, and as permitted by the Notices, and by any means or process, including wired, wireless or online transmission of digitized or analog data), but only for the limited purposes of providing and improving the Services to you, and as permitted by Bienbonita's Privacy Notices. Where permitted by applicable law, this limited purpose license will continue in effect even after you stop using our Services, with respect to aggregated and de-identified data derived from such Content, as well as any copies of such Content that are made in the ordinary course of Bienbonita's business, but only for the legal term of protection of the intellectual property rights inherent in your Content.This license also extends to any third party with whom we work, to the extent necessary to provide and improve the Services to you.

3.3 Proprietary Statements.

You represent and warrant that: a) you own or control the rights in and to your Content, including any intellectual property owned by third parties; and b) you will not submit, upload or otherwise make available through the Services any Content or material that violates our Use Policy.

3.4 The Subscriber is Responsible for its Content.

We are not responsible for what you do with your content. If we believe it is illegal or violates our Terms, we will not display it.

The Services display Content that does not belong to Bienbonita but to the respective Subscribers. Such Content is the responsibility of the person producing and posting such Content. Bienbonita does not represent or warrant that it has reviewed Subscriber Content or the accuracy of the information contained therein. Each Subscriber is responsible for his or her own Content and must ensure that he or she has the necessary rights and permissions to use it on the Kiinos Application. Bienbonita shall not be responsible for Subscribers' use of their Content and shall not be liable for its publication. Subject to applicable law, Bienbonita is not responsible for the Content of kiinos Subscribers, nor is Bienbonita responsible for the content or material of third parties or for any loss or damage resulting from the use of any Content.

As a Kiinos Subscriber, you acknowledge and agree that, to ensure compliance with legal obligations and compliance with the Acceptable Use Policy, Bienbonita may need to review Content that is hosted by you on the Kiinos Subscription Service to determine whether it is lawful or whether it violates these Bienbonita Kiinos General Terms of Service. Subject to applicable law, we may modify, remove or refuse to display your Content, or prevent access to it, if we believe it violates the law or these General Terms of Bienbonita Kiinos Services. In the event that your Content includes trademarks, logos or other identifiers owned by teceros, before you can use it on Kiinos, we may require you to prove the right to use it. However, Bienbonita has no obligation to monitor or review Kiinos Subscriber Content.

4. Intellectual property claims

4.1 DMCA.

Bienbonita responds to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA) or equivalent applicable laws and regulations. If you believe that your copyright has been infringed, you may report it at info@kiinos.com.

4.2 Other intellectual property claims.

If you suspect that a Bienbonita user is infringing your intellectual property rights, you may report this fact to info@gmail.com.

5. Intellectual property of Bienbonita

These Bienbonita Kiinos General Terms of Service do not grant you any rights to use Bienbonita's trademarks or other proprietary elements.

If you provide us with comments or suggestions about our Kiinos Services, we may use and share them, for any purpose and without compensation or obligation to you.

6. Third-party resources

Bienbonita may publish on its Services, links to third party websites. Bienbonita is not responsible for such sites or any content appearing on such sites.

7. Account management

To use the Kiinos Subscription Service you must create a User Account by entering your email address and a secret and secure password that you must not share.

7.1 Take care of your password.

You are responsible for protecting your password. You are responsible for all activity conducted through your account (except for activity under Bienbonita's direct responsibility that is not conducted in accordance with your instructions), whether or not you have authorized such activity. If you detect unauthorized access to your account, you must immediately report it to Bienbonita.

7.2 Keep your contact information up to date.

When necessary, we will send notifications to the email address registered in your account. If you change them, you must update them in your Kiinos Service Subscription.

7.3 We recommend that you make backup copies.

You are responsible for backing up your Content. Upon expiration of your subscription's Package Plan, Bienbonita assumes no responsibility for retaining or archiving your Content beyond 30 days unless you purchase a Package Plan with the capacity to store the responses already hosted and with additional capacity to host new Responses.

7.4 Cancellation of Subscription for being Inactive.

If after 180 days, there is no activity on your account, Bienbonita may cancel your account and may delete, without any liability, the remaining Content. Prior to deleting your subscription, we will attempt to notify you by email so that you have a chance to interact with the application to preserve your subscription and download your content before we delete it.

8. User Requirements

To use the Kiinos Services you must be at least 18 years of age and not have been previously banned by Bienbonita for any violation of the Terms, including the Terms of Use Policy, in our sole discretion. We reserve the right to choose our customers and to refuse the sale of services, without cause.

8.1 Legal status.

Legal entities shall be represented by those who can prove that the entity they represent is constituted and exists legitimately, according to the laws of their jurisdiction.

8.2 Embargos.

You may only use the Services if you are not subject to prohibitions under any applicable law. If you are located in a country subject to U.S. embargoes or other applicable laws that prevent you from receiving the Services, or if you are on the U.S. Department of Commerce's list of blocked persons or entities or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to purchase any Services paid for through Bienbonita. You must ensure that: (a) your end recipients do not use the Services in violation of any U.S. export restrictions or U.S. embargoes; and (b) you do not grant access to the Services to individuals or entities on any such list.

9. User Requirements

You agree to comply with Kiinos Acceptable Use Policy.

10. Suspension, Cancellation of Subscription and Termination of Services

10.1 By the Subscriber.

You can cancel your Subscription at any time by giving the cancellation instruction on the the application itself. When you cancel your Subscription your Content will be automatically deleted and you will no longer be able to access your Content or use the Kiinos Services. To obtain a copy of your Content, you may use the Kiinos Services prior to canceling your subscription, in accordance with applicable law and policies. Alternatively, you can delete yourself, your Content, prior to the cancellation of your Subscription. See section 1.2

Upon cancellation of your subscription, we will send you a confirmation and we will not automatically charge you again for renewal of your Package Plan. If you cancel a Subscription before the Package Plan runs out, you will not receive a refund, unless you are terminating your subscription for any of the following reasons: (a) because we have materially breached these General Terms of Bienbonita Kiinos Services and have not cured such breach within 5 days after you notify us in writing; (b) because a refund is required by law; or (c) because we determine, in our sole discretion, that it is appropriate to provide you with such a refund.

10.2 Time Limit for Reimbursement.

All refund payment obligations must be fulfilled within thirty days. The reimbursement payment period shall commence upon receipt of the reimbursement request or the date we notify Bienbonita of the termination of the service.

Nothing in this section 10.1 and 10.2 shall exclude or limit any rights you may have as a consumer in your country of residence.

10.3 By Bienbonita.

(a) For Bienbonita's best interests. We may cancel your Subscription and terminate the Services as soon as the last Package Plan purchased is terminated or expires, as Bienbonita deems to be in default.

In this case, we will notify you in writing, at least 15 days in advance, without refund of any of the partially consumed, exhausted or terminated Package Plans.

(b) For Cause. Bienbonita may limit, deactivate, suspend or cancel your Subscription, and terminate the Services, for any of the following reasons: (i) you have materially,repeatedly or persistently breached these Bienbonita Kiinos General Terms of Services and have not cured such breach within thirty days after Bienbonita has notified you in writing; (ii) you have discontinued your business operations or are subject to insolvency proceedings; (c) you use the Services in a manner that exposes us to legal liability or could affect the use of the Services by others; (d) if we are investigating suspicious conduct on your part, including illegal activity; or (e) if we are required to do so to comply with applicable law. In the event that we limit, deactivate, suspend or terminate your Subscription or the Services you receive, as appropriate, we will use reasonable efforts to provide you with advance notice and an opportunity to obtain a copy of your Content from such Service. However, there may be situations where, given the urgency of the situation, Bienbonita may decide that we must take immediate action without prior notice. Bienbonita will use reasonable efforts to reduce the scope and duration of any limitation or suspension as set forth in this section as necessary to resolve the event giving rise to such action. Except as set forth in our Privacy Policy and as required by applicable law, Bienbonita has no obligation to retain your Responses beyond 30 days after the expiration of the last Package Plan purchased by you or after the termination of your Subscription.

11. Changes and updates to these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA.

We may update these General Terms of Kiinos de Bienbonita Services. We will notify you when changes occur. If, having been notified, you continue to use our services after they become effective, it means that you accept the updated KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE.

11.1 Changes.

Bienbonita may modify these General Terms of Services Kiinos de Bienbonita, at any time. For example: Need to adapt them to the applicable law; updates to our application that affect the way in which our Services are provided; incorporation of new Services or functionalities; security policies, among others. You will find the most current version on the website/app. If a modification is important, Bienbonita will notify you in advance by email to give you the opportunity to review the changes, we will give you a detailed description of the functions that will undergo modifications, as well as the deadline to make them. Notice of changes may also be posted at the time you log in to your Subscription. Unless we specify otherwise, the changes will only be effective as of the day they are posted. Once our new KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE become effective, if you continue to use the Services, you agree to the updated KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE. If you do not agree to the changes made to the KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE for a Service, you must stop using that Service and you may close your Subscription and be entitled to a pro-rated refund for the Package Plan that you have prepaid and has not yet expired. We will offer you this refund and will offer you the opportunity to export or download your Content, subject to applicable laws and policies.

11.2 Changes to the Services.

In the event that Bienbonita discontinues providing a particular service, we will notify you in sufficient time to allow you to complete any campaigns you may have in progress and to obtain a copy of your Content. If you are a consumer in the European Union, this Section 11.2 may not apply to your use of the Services.

12. Available Plans.

Kiinos is offered as a prepaid service, which we call Package Plan. We offer three options of Package Plans which we call: Plan Pro, Plan Co. and Plan Corp. You can choose the Package Plan you wish to contract. When it runs out, you can renew it or change the Package Plan.

12.1 Plan Pro.

Designed to meet the needs of small businesses; Allows you to generate unlimited surveys, forms, questionnaires or any other type of communication you design; It Allows you to have up to 10 campaigns launched at the same time, 5 surveys per campaign, and allows you to receive up to 20,000 responses per month.

12.2 Plan Co.

Designed to meet the needs of small, medium and large companies; Educational Organizations and Non-Governmental Organizations. It allows you to generate unlimited surveys, forms, questionnaires or any other type of communication that you design; It Allows you to have up to 50 campaigns launched at the same time, 15 surveys per campaign, and allows you to receive up to 60,000 responses per month.

12.3 Plan Corp.

Designed to meet the needs of Corporations, Multinational Organizations, Public Entities; It allows you to generate unlimited surveys, forms, questionnaires or any other type of communication that you design; It Allows you to have up to 100 campaigns launched at the same time, 60 surveys per campaign, and allows you to receive up to 200,000 responses per month.

12.4 Exhaustion or Termination of a Package Plan.

We offer our Kiinos services as prepaid plans which we call Package Plans, which entitle you to generate, without limit, as many surveys, forms or questionnaires as you wish. The amount of responses that Kiinos will receive, tabulate and host or store on its virtual servers, under your subscription, is limited to the amount offered in the Package Plan that you hire, information that will be stored until 30 days after the expiration of the Package Plan. For example; If you sign up for the Pro Plan. For thirty days, you will be entitled to receive 2,000 Responses, in a single day, exhausting the Package Plan, or receive the Responses throughout the thirty days from the date of purchase.

12.5 Responses in Excess of the Package Plan Limit

Once a Package Plan is depleted, the capture of Replies from your Recipients will stop. To continue receiving Replies, you must purchase a new Package Plan.

After 30 days from the end of the Package Plan, the Responses hosted in the Kiinos Service will be deleted.

The number of Responses that will remain hosted in your Kiinos Service account is determined by the Package Plan that is in effect.

You can download and save your data at any time; but if you wish to keep that data in your Kiinos Account beyond thirty days after the end of a package, you must purchase a storage capacity package with sufficient capacity to hold your answers.

12.6 Package Plan Change.

When a Package Plan runs out, you can purchase a new one or exchange it for one with a larger or smaller Answer storage capacity (including stored Answers that have not been deleted from your Kiinos Service Account).

13. Kiinos Subscription Service Features

13.1 Your workspaces

As a Kiinos Subscription Service subscriber, you can create multiple workspaces. A workspace is the container of a set of campaigns, which in turn can have a set of surveys. For example: A workspace can contain the campaigns and

13.2 Campaigns

Campaigns are spaces of time during which the function is enabled to host in the Kiinos Subscription Service, the answers to surveys, forms, forms, questionnaires and other types of communication; completed after the links to the Kiinos Subscription Service have been opened by the recipients of the links or QR code sent by the Users of a given Subscriber.

13.3 User Administrator

This is the function that allows a Subscriber to affiliate or disaffiliate a certain number of Users. The number of users that can be affiliated depends on the Package Plan that has been purchased.

The management and administration of Users is the responsibility of the Subscriber and not Bienbonita (including responding to requests for creation, deletion and reassignment of Users, Bienbonita will not assume any liability arising from the addition, deletion and management of your User Team.

13.4 Users.

They are the individual persons authorized by each Subscriber to access his Kiinos Subscription Service Account, with the ability to edit Content and consult statistical reports. The Subscriber is liable before third parties and legally, for the acts and omissions of each and every one of the Users authorized by him to edit Content in his Kiinos Subscription Service Account.

13.5 Addressees.

They are individuals who, through a link or QR code reading enter the Kiinos Subscription Service to complete a survey, fill out a form, complete a questionnaire, fill out a form or other type of communication, which will be hosted on Bienbonita's servers to process it and generate statistical reports and data to be used by the Subscriber and its Users.

14. Your Kiinos data.

14.1 Preservation of Responses

Thirty days after the expiration of the last Package Plan, we will delete the Responses stored in your Kiinos Service account.

The Package Plan you purchase determines the storage capacity of Responses in your Kiinos Service Account. The storage capacity considers both the Answers already stored and the available capacity of additional Answers that you can receive). To free up storage space, you must delete the contents, being able to download a copy beforehand for your convenience.

If having reached the maximum hosting capacity, you wish to keep it and continue entering new Content, you can purchase a higher capacity Package Plan that has enough hosting space to continue storing the Responses already received and to give you the capacity to receive Additional Responses.

14.2 Content Removal

Thirty days after the expiration of the term of your last Package Plan, we will delete the Responses hosted on the Kiinos Subscription Service associated with your subscription.

14.3 Deleting your Content.

You can delete Content from your account. Once deleted, you will no longer be able to access your Content (Surveys, Forms, Questionnaires, Other Releases and Responses) and you may no longer be able to restore them. Deleted data will be permanently removed from our system after a period of sixty (60) days.

14.4 Deleting your Subscription.

You can delete your subscription at any time. Upon deletion, the Subscription will be immediately deactivated. The deleted account and your Content will be permanently removed from our system within sixty days.

14.5 Termination of Users.

The User Administrator may unsubscribe Users at any time. The Spaces, Campaigns and Surveys, forms, questionnaires or any other type of communication will not be affected and may continue to be edited by the rest of the Users.

14.6 Use of Deleted Content

We generally do not use deleted content for any purpose; however, in certain circumstances, we may retain data for the following reasons:

• To comply with our legal obligations.

• To improve our service.

• To resolve disputes or controversies.

In these cases, we guarantee that access to the data will be blocked, except for the purposes for which we have been required to retain the information. The data will be deleted as soon as the reason for retaining it no longer exists. We also retain anonymous group usage data and metadata that do not identify you or the respondents.

15. Disclaimers, Limited Liability and Indemnification

15.1 Disclaimers.

It is in Bienbonita's best interest that when you use Kiinos, you have a positive experience. However, although we try to keep our online services always available, we do not promise or guarantee that this will be the case all the time because at certain times and certain events, they may be inaccessible; this for different reasons. Such as: server maintenance windows, application updates, network downtime, cyber attacks, among others. EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS OF SERVICE KIINOS OF BIENBONITA, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY RELATED GUIDANCE OR RECOMMENDATIONS ARE PROVIDED "AS IS" AND BIENBONITA MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR REPRESENTATIONS REGARDING THE AVAILABILITY, RELIABILITY OR ACCURACY OF THE SERVICES.

15.2 Release from liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIENBONITA (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS) SHALL HAVE NO LIABILITY FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR (B) FOR LOSS OF USE, DATA, BUSINESS, REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING IN CONNECTION WITH THE SERVICES AND THESE GENERAL TERMS OF SERVICES KIINOS BIENBONITADE USE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STRICT LIABILITY, STRICT LIABILITY OR OTHERWISE, REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING IN CONNECTION WITH THE SERVICES AND THESE GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA USE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF BIENBONITA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.3 Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF BIENBONITA (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS) IN CONNECTION WITH THE SERVICES AND THESE GENERAL TERMS OF USE BIENBONITA KIINOS SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO BIENBONITA FOR THE USE OF THE SERVICES IN QUESTION DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY; AND (B) US$240.00.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 16.2) AND/OR LIMITATIONS (SECTION 16.3) ARE NOT PERMITTED BY LAW, WE ARE ONLY LIABLE FOR YOUR LOSSES AND DAMAGES THAT ARE THE REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT RESULT DIRECTLY FROM A MATERIAL BREACH OF THESE GENERAL TERMS OF BIENBONITA KIINOS SERVICES.

While our Services are typically used for commercial purposes, we recognize that the laws of some jurisdictions grant legal rights to consumers that cannot be waived by contract. If you are one of these consumers who uses our Services primarily for non-commercial purposes, such as personal use of one of our Kiinos plans, nothing in these Bienbonita Kiinos Services General Terms limits such consumer rights.

15.4 Limitation of Liability.

These General Terms of Bienbonita Kiinos Services do not limit our liability for willful misconduct, fraud or personal injury caused by gross negligence on our part. Except as otherwise provided by applicable law or as expressly stated in these General Terms of Bienbonita Kiinos Services. Bienbonita will only be liable to you for reasonably foreseeable loss or damage arising from our lack of skill or due care or arising directly from a material breach by us of these Bienbonita Kiinos General Terms of Services.

15.5 Indemnification.

If you are a legal entity, business entity, public office and Non-Governmental Organization: you agree to hold harmless and, if applicable, indemnify Bienbonita (including its affiliates, officers, agents and employees) from and against any and all liability, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any third party claim related to the use of the Services by the organization you represent, by you or your end recipients, or breach of any of these General Terms of Bienbonita Kiinos Services to the extent such liabilities, damages and costs are caused by you or your end recipients.

15.6 Consumer Guarantees.

If the subscriber is a consumer, the legal warranties and warranty of merchantability that apply to the subscriber are as follows:

• We will cover the buyer against any consequences arising from hidden faults or defects in the service provided.

• We will deliver a product in accordance with these Terms and will be responsible for any non-conformity arising after delivery of the product.

• We are responsible for any non-conformity caused by packaging or assembly instructions, or installation.

• We provide a 14-day free trial period, so that the consumer has the opportunity to evaluate and consider the convenience of using our paid services.

16. Contracting entity

The services are provided by Bienbonita LLC. from the United States of America, through the website https://www.kiinos.com and the Kiinos app with worldwide service.

16.1 With whom you enter into a contract.

Unless otherwise indicated, you enter into a contract with Bienbonita LLC. both within the United States and in any other country in the world.

16.2 Bienbonita LLC.

For the Terms governing Kiinos Services provided by Bienbonita LLC, the following provisions apply:

• Contracting entity. The expressions "Bienbonita", "we", "us", "our" and "us" refer to Bienbonita LLC, located at 1401 Brickell Avenue STE 330 Miami Florida 33131 United States. DUNS. 118966914

• Governing Law. Such GENERAL TERMS OF SERVICE OF KIINOS DE BIENBONITA are governed by the laws of the State of Florida (without regard to its conflict of law provisions).

• Jurisdiction. Except as prohibited by applicable law, the parties submit to the exclusive jurisdiction of the state and federal courts located in Miami Dade County, Florida, with respect to the subject matter covered by these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA.

Legal Warranty. In case of conflict between the content of these General Terms of Services Kiinos de Bienbonita and the national legislation protecting a subscriber, its legal jurisdiction prevails and applies.

16.3 Kiinos services used in the European Union.

For all Services provided by Bienbonita to Subscribers located within the European Union, the following provisions shall apply to any terms governing such Service:

• Contracting entity. The expressions "Bienbonita", "we", "us", "our" and "us" refer to Bienbonita, LLC. located at 1401 Brickell Avenue Ste. 330 Miami Florida 33131 USA.

• Governing Law. Such GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA are governed by the laws of Spain (without regard to its conflict of law provisions).

• Jurisdiction. Unless prohibited by applicable law, in connection with any legal action or proceeding seeking to enforce or relating to such KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE, each party irrevocably submits to the exclusive jurisdiction of the courts of Spain.

• DPD. Bienbonita LLC. has appointed as its Data Protection Officer in the European Union the following entity: SEVEN DEGREES GLOBAL PARTNERS S.L. dpd-ue@kiinos.com.

• Disputes. If you are a Kiinos Subscriber from the European Union, you have the option to file a complaint on the European platform for Online Dispute Resolution.

17 Other stipulations.

You may not transfer these obligations to another person without our permission. However, Bienbonita, LLC. may transfer these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE or our obligations without your permission.

17.1 Assignment.

You may not assign these BIENBONITA KIINOS GENERAL TERMS OF SERVICE without the prior written consent of Bienbonita, LLC, which it may withhold in its sole discretion. Bienbonita may assign these BIENBONITA KIINOS GENERAL TERMS OF SERVICE at any time without prior notice to you.

17.2 Customer lists.

Bienbonita may identify you by name and logo as a customer of the Services on our websites, as well as in any other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

17.3 Integrity of the agreement.

These BIENBONITA KIINOS GENERAL TERMS OF SERVICE (including any additional provisions) represent the entire agreement between you and Bienbonita. LC., and supersede all other agreements, terms and conditions, prior or contemporaneous, oral or written, relating to the subject matter. No term or condition that is detailed in a purchase order or similar document issued by you, or in your procurement, billing or supplier onboarding portal, shall apply to the Services, supersede or form an integral part of these GENERAL TERMS OF BIENBONITA KIINOS SERVICES, and shall be of no force or effect.

17.4 Independent contractors.

The relationship between you and Bienbonita is one of independent contractors and is not one of legal partners, employees or representatives of each other.

17.5 Interpretation.

The use of the KIINOS DE BIENBONITA GENERAL TERMS OF SERVICE "includes", "including", "such as", "such as", "including", "such as", "including", "such as" and similar terms does not limit other items from being included as well. among others, e.g., and similar terms does not limit that other items are also included.

17.6 Language.

These GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA SERVICES were prepared and written in English. If discrepancies arise between any translated version and the English version, the English version shall prevail over the other versions, unless prohibited by applicable law in a particular location.

17.7 Prohibition of waiver.

Inability or delay in enforcing a provision in accordance with these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA SERVICES may not be construed as a waiver of the subsequent exercise of the right held.

17.8 Separability.

If any provision of these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA SERVICES is determined by a court of competent jurisdiction to be unenforceable, such provision shall be void and the remainder of the terms shall remain in full force and effect.

17.9 Third-party beneficiaries.

There are no third party beneficiaries of these GENERAL TERMS OF SERVICE KIINOS DE BIENBONITA.

17.10 Validity.

Upon termination of these Terms of Use, the following sections will remain in effect for five years from the date of subscription: Introduction, 1, 2, 3.2, 10, 12, 13, 14, 15, 16, 17.