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Terms and Conditions

Last updated: May 2026

This English translation is provided for convenience only. In the event of any discrepancy, the Spanish version prevails.

I. General Terms

These terms and conditions (the "Terms and Conditions") govern the access to and use of the services offered by Porteria SpA, Chilean taxpayer ID (RUT) No. 77.749.878-9 ("Porteria"), by users of: (i) its website, www.porteria.cl and/or any other Porteria domain (the "Website"), and/or (ii) the application called "Porteria", available for iOS and Android (the "Mobile App").

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

  • Client: the natural or legal person that contracts Porteria's Services for implementation in a condominium, building, company or other facility, being responsible for the use of the Software on such premises.
  • User or Operator: any natural person who accesses and uses the Platforms, whether on their own behalf or on behalf of the Client, including administrators, operators, employees, concierges, guards or other persons in charge of access control, or others authorized by the Client.
  • Data Subject: the natural person whose personal data is processed through the Software, including, among others, residents, visitors, employees and suppliers entering the premises.

Users are advised to carefully read and understand these Terms and Conditions, and to print or save a copy for their records.

II. Services

Porteria provides third parties with software for controlling access to buildings and facilities, managing gatehouses and registering residents, visitors and suppliers, among other related functionalities (the "Software").

The Software is implemented and operated through Porteria's Website and Mobile App (the "Platforms"), which allow managing, registering and supervising the entry and exit of people and vehicles, among others, in order to optimize security, traceability and access control, as well as to facilitate the operational management of the corresponding condominium, community or facility (the "Services").

Porteria will provide support and customer service in accordance with the levels and channels indicated at https://app.porteria.cl/login/.

It is expressly stated that Porteria acts as a technology service provider, not as a building management or physical security company.

Porteria may cease to provide the Services, without any right to compensation for the Client, in the event that the Client fails to timely pay the monthly price for the Services on two or more occasions within a calendar year.

III. Acceptance and Amendments to the Terms and Conditions

The contracting and payment of any of the Services offered by Porteria indicates that the Client had access to and accepted these Terms and Conditions. The Services may only be accepted by Users over 18 years of age, by Users represented by a person over 18 years of age, or by Users that are legal entities with sufficient legal representation.

Once accepted, these Terms and Conditions shall enter into full force and shall govern all acts, services, agreements and contracts executed and entered into between the Clients and Porteria. The same shall apply to any future amendment to these Terms and Conditions.

Porteria reserves the right to modify, update or supplement these Terms and Conditions at any time by simply publishing them on any of the Platforms, such modifications being deemed effective and enforceable from the moment of publication. If the Client does not agree with any substantial modification, the Client must refrain from continuing to use the Services. Notwithstanding the foregoing, substantial modifications will be communicated to the Client at least 30 days prior to their entry into force, by email to the registered contact or by prominent notice on the Platforms.

By accepting these Terms and Conditions, the User declares to understand that Porteria assumes no obligations or responsibilities other than those of a mere facilitator that makes the Platforms available to Users through which the Services are provided, and that under no circumstances shall Porteria be understood to provide services other than those described in Section II above or to engage in the management or security of buildings or premises in general.

Any person who does not accept these Terms and Conditions, which are mandatory and binding, must refrain from using the Website and the Mobile App, as well as any other service or product offered by Porteria.

IV. User Account

In order to use most of the functionalities comprising the Services, the User must register on any of the Platforms and maintain an active personal user account (the "Account").

To obtain an Account, the User or their legal representative must be at least 18 years old and legally capable of consenting to the processing of data by third parties.

The User shall be responsible for keeping the data associated with their Account accurate, truthful, complete and permanently up to date. In case of breach of this obligation, Porteria may, at its sole discretion, reject the registration or temporarily or permanently suspend or cancel the Account. Such measure may be adopted upon detection of inconsistencies in the information provided or suspicious conduct, without granting the User any right to indemnification or compensation of any kind.

Porteria will adopt appropriate measures, consistent with the processing to be carried out, to safeguard data security, through information encryption systems or others that the company deems pertinent.

However, Users are solely responsible for the loss, misuse or unauthorized use of their passwords, validation codes, data and other information provided on the Website and/or Mobile App, as well as any other activity occurring in their Account, unless it is reliably proven that such situation occurred due to Porteria's act or gross negligence.

V. Network Access

The User is responsible for obtaining the data network access necessary to use the Services. The User's mobile network data and messaging rates and fees may apply when accessing or using the Services from a wireless device, and the User shall be responsible for such rates and fees. The User is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Platforms through which the Services are provided, and any updates thereto. Porteria does not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the internet and electronic services.

VI. Liability

Porteria will use its best efforts to guarantee Users the proper functioning of the contracted Services. Notwithstanding the foregoing, the User declares to be aware that the Software, by its nature, is subject to failures, whether in its own operation or in its programs. Therefore, the User must take the preventive measures customary in computing in order to avoid failures that may cause any type of damage or harm to themselves or third parties.

Consequently, Porteria shall not be liable for damages that the User or third parties may suffer from the use and operation (or non-operation) of the Software, especially when caused by the loss or theft of the Software, its misuse (particularly any act that constitutes an infringement of any right, applicable regulation, or third-party rights), the presence on either party's equipment of viruses or other elements that may cause damage, alterations or inconveniences to such equipment and the files contained therein, information interference or hacker attacks or manipulation by third parties, among others. In any case, Porteria will make all reasonable efforts to prevent and correct any interruption, unavailability, loss of information, computer viruses and errors that arise or may arise during the provision of the Services.

Porteria does not guarantee the merchantability of, or profit for, the User from the Services covered by this agreement. In no event shall Porteria be liable to the User for consequential, incidental, indirect or special damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or not, resulting from the use of the Software.

Likewise, Porteria is in no case responsible for conflicts related to administrators, staff or any other person working or present in the buildings or premises where the Services are used, nor for thefts, damage or similar events that may occur on said premises.

VII. Limitation of Liability

Except in cases of willful misconduct or gross negligence, which must in any case be proven, Porteria shall not be liable for any damages for loss of profits, loss of earnings or revenue, loss of customers, loss of data, or costs associated with contracting replacement services from alternative providers, arising from or related to the Services, whether claims under contractual, tort or any other type of liability.

However, the limitations of liability set forth in this clause shall not apply in the event of damages caused by gross negligence or willful misconduct, nor in the case of physical harm to natural persons, which are governed by the general rules of law. Furthermore, it is expressly stated that the stipulations established herein are not intended to limit liability or alter those consumer rights that cannot be excluded under applicable law.

The limitations of liability established in this clause shall not apply to liability arising from the improper processing of personal data pursuant to Article 23 of Law No. 19.628 and any regulations amending or replacing it, which shall be governed entirely by the applicable legal rules.

VIII. Suspension of the Services

The User acknowledges that the Services operate in connection with and dependent on networks, communication systems, telephone and electricity services, among others, operated by other companies or third parties. Therefore, if their continuity is affected by duly evidenced circumstances of capacity, availability or operation inherent to such networks, Porteria shall not be responsible for the proper functioning when affected by such circumstances.

Likewise, it is noted that the Services may be temporarily suspended due to natural phenomena, acts of third parties, pandemics, unforeseeable circumstances, force majeure or other duly evidenced causes not attributable to Porteria, which, in accordance with Article 45 of the Chilean Civil Code, shall not be the responsibility of the latter.

IX. Commercial Nature

The User acknowledges that these terms and conditions and the Services are strictly commercial in nature, and do not imply an employment, partnership, agency, franchise or any other legal relationship other than a commercial one.

Consequently, Porteria and the User shall act independently and shall not be considered agents, employees or representatives of the other party for any purpose, and no obligation other than those expressly stipulated shall be created.

X. Rights over the Software

It is expressly stated that Porteria owns the property rights over the Software and each of its parts, including its source code, flowcharts, design, relevant documentation, data model, instruction and procedure manuals, images and, in general, all information and intellectual and industrial property rights arising or derived from the Software. Any update or improvement of the Software, as well as all developments, concepts, inventions, trademarks, patents, copyrights, trade secrets, and any other type of intellectual or industrial property derived directly or indirectly from the Software or its use and/or exploitation, are and shall in any event be the exclusive property of Porteria.

Porteria grants Users only a limited, non-exclusive, non-transferable and revocable license to access and use the Services in accordance with the contracts or other agreements entered into with Porteria, as well as these Terms and Conditions.

XI. Prohibitions

The User may not perform the acts indicated below, this list being illustrative and not exhaustive: (i) modify, adapt or transform the Software; (ii) assign, sublicense or transfer to third parties the access rights to the Platforms granted by Porteria, it being understood that the User may authorize access by its own employees and staff as Operators, under its sole responsibility and subject to these Terms and Conditions; (iii) use the Software, its procedures, processes, programs or files to create derivative works; (iv) access the Platforms or use the documentation associated with the Services to build a similar or competing product; (v) publish, sell, distribute, market, lend or lease the Software to third parties; (vi) perform or allow third parties to perform any act that may invalidate, compromise or harm the Software or Porteria's property rights; (vii) apply for industrial or intellectual property privileges or rights associated with the Software; and (viii) challenge the prosecution or obtaining of any intellectual or industrial property right related to the Software.

XII. Confidentiality

Users acknowledge that all information provided to them under the agreements or contracts entered into with Porteria in connection with the Services is confidential and the exclusive property of Porteria, and shall not be used for any purpose other than that permitted or required for the fulfillment of such agreements or contracts, undertaking in particular not to disclose or provide any information received to a third party without Porteria's express written consent, and to adopt all reasonable measures to safeguard secret or confidential information and prevent its disclosure to any person.

Confidential information means all procedures, methods of production, marketing, administration, advertising, marketing, consulting, management or internal organization, financial and other projects, market strategies, lists of clients or employees, personal background of the latter such as address, position, remuneration, etc., acquisitions of all kinds of goods, hiring of personnel and advisors, and national and international operations.

Users undertake, and shall cause their employees where applicable, to maintain the strictest confidentiality regarding any and all information, procedures and documentation provided by Porteria in connection with the provision of the Services, in whatever form it is contained.

XIII. Publicity

Porteria shall not use the User's name, or that of its related companies, for commercial or advertising purposes without the User's prior written authorization, except when required to comply with legal obligations. Notwithstanding the foregoing, while the Services are being provided, Porteria may mention the User's name within its client list.

XIV. Data Protection

14.1. Role of the Client as Data Controller

The Client, as the legal entity that determines the purposes and means of the processing of personal data of Data Subjects registered through the Software, acts as Data Controller under Article 2(n) of Law No. 19.628. Consequently, the Client is responsible for: (a) having legal authorization or the consent of the Data Subjects for the processing of their data; (b) informing the Data Subjects about such processing in accordance with applicable legal obligations; and (c) complying with all obligations that the Law imposes on the Data Controller.

In particular, regarding the gender data captured by scanning the identity document — which is processed as ordinary personal data for statistical purposes — should the Personal Data Protection Agency or applicable regulations classify it as sensitive personal data, the Client must obtain the express consent of the Data Subject in accordance with the law, it being the Client's sole responsibility to obtain and evidence such reinforced lawful basis.

14.2. Role of Porteria as Data Processor

Porteria acts as Third-Party Agent or Data Processor pursuant to Article 15 bis of Law No. 19.628, processing the personal data of Data Subjects exclusively on behalf of and according to the instructions of the Client. In such capacity, Porteria undertakes to:

  • Process personal data solely for the purposes of providing the agreed access control service, its processing for any other purpose being prohibited;
  • Not assign, communicate or transfer the data to third parties without the Client's express and specific authorization, except when legally required by competent authorities;
  • Not subcontract the processing of Data Subjects' personal data without the Client's prior written authorization, except for providers of technological infrastructure and processing tools (including artificial intelligence services) that Porteria uses to provide the contracted service, which shall be subject to equivalent confidentiality and security obligations. Acceptance of these Terms and Conditions implies the Client's authorization for such sub-processing;
  • Implement the technical and organizational security measures required by Article 14 quinquies of Law No. 21.719, including encryption, access control, backups and incident response procedures;
  • Maintain the duty of secrecy and confidentiality in accordance with Article 14 bis of Law No. 21.719, an obligation that survives termination of the contract;
  • Report to the Client, without undue delay and within a maximum of 48 hours from detection, any breach of security measures affecting Data Subjects' personal data;
  • Upon termination of the contractual relationship, within 30 days thereafter, delete or return to the Client all personal data of Data Subjects processed under the engagement, according to the latter's instructions;
  • Cooperate with the Client in fulfilling requests for the exercise of Data Subjects' rights.

14.3. Porteria as Independent Controller

With respect to the personal data of the Client and its legal representatives and Operators, processed for purposes of contract management, billing, administrative communications and service improvement, Porteria acts as an independent Data Controller, subject to all obligations imposed by law in such capacity and in accordance with Porteria's Privacy Policy.

14.4. Liability for Data Processing

The Client shall be responsible for compliance with legal obligations towards Data Subjects in its capacity as Data Controller. Porteria shall be liable for damages caused by improper data processing attributable to it in its capacity as processor. The limitation of liability established in Clause VII of these Terms and Conditions shall not apply to liability arising from improper processing of personal data.

14.5. Security Breach Notification Protocol

In the event of a breach of security measures resulting in the accidental or unlawful destruction, leakage, loss or alteration of personal data, or unauthorized access thereto, Porteria shall proceed according to the following protocol:

  • Notification to the Client: within 48 hours of detecting the incident, by email to the registered contact, indicating: (i) nature of the breach; (ii) categories and approximate number of affected Data Subjects; (iii) compromised data; (iv) measures adopted and proposed to mitigate the effects;
  • Notification to the Personal Data Protection Agency: by the most expeditious means possible and without undue delay, when there is a reasonable risk to the rights and freedoms of Data Subjects;
  • Notification to affected Data Subjects: when the breach may generate a high risk to the rights and freedoms of Data Subjects, Porteria and the Client, in their respective capacities, will directly communicate to those affected the nature of the breach and the measures they can take to protect themselves, in clear and simple language;
  • Internal registry: Porteria will maintain a documented record of all detected security breaches, their effects and the corrective measures adopted.

14.6. Duty to Inform the Data Subject at the Access Point

The Client, in its capacity as Data Controller, undertakes to implement, before the Software enters into operation at each site, the following information mechanisms addressed to Data Subjects, in accordance with the transparency principle of Law No. 19.628:

  • Visible informational notice. The Client shall install, in a visible place prior to the scanning point, a physical notice containing at least: (i) identity of the Data Controller (the Client); (ii) purpose of the processing (access control and site security); (iii) categories of data collected (identity and access records); (iv) identification of Porteria SpA as Data Processor; and (v) the mechanism for exercising the rights of access, rectification, cancellation and objection (link or QR code to the Privacy Policy).
  • Accessible privacy policy. The Client shall keep permanently available, through the indicated link or QR code, a privacy policy specific to Data Subjects that includes the identification of Porteria as Data Processor and the transfer of data to the respective servers, should this occur.
  • Informational screen in the Software. Porteria shall enable in the Software an informational notice screen configurable by the Client, to be displayed on the device before each scan.
  • Employees. With respect to the Client's employees registered through the Software, the Client must additionally regulate the measure in its Internal Rules of Order, Hygiene and Safety, and obtain the written consent of the employees or evidence the applicable lawful basis.

Failure to comply with the obligations of this clause is the sole responsibility of the Client. Porteria shall not be liable for damages arising from the failure to inform Data Subjects attributable to the Client.

XV. Governing Law and Jurisdiction

These Terms and Conditions, the agreements or contracts entered into between the Clients and Porteria, as well as Porteria's Privacy Policy, shall be governed by and construed in accordance with the laws of the Republic of Chile. Any difficulty or dispute arising between the parties regarding their application, interpretation, duration, validity or performance, their supplementary documents or amendments, or for any other related cause, shall be submitted to the jurisdiction of the Ordinary Courts of Justice.

XVI. Assignment

These Terms and Conditions and the agreements entered into between Porteria and the Client, as well as the rights established therein, may not be transferred or assigned by the Client without Porteria's prior written consent.

XVII. Severability

If any provision of these Terms and Conditions is judicially declared non-binding, such circumstance shall not affect the enforceability of the remaining provisions. If any provision of these Terms and Conditions is deemed invalid, unenforceable or void by any administrative body or competent court, or if by law any provision becomes invalid, unenforceable, null and void, the remaining provisions shall remain valid and in full force and effect, and the parties shall replace the invalid, void or unenforceable provision with another valid and enforceable one that comes as close as possible to the spirit and purpose of the replaced provision. If for any reason a court of competent jurisdiction or an arbitrator determines that any provision of these Terms and Conditions is unenforceable, void or otherwise ineffective, such provision shall be enforced to the extent permitted and the remaining terms of service shall remain in force. Delay in or failure to exercise a right or remedy shall not be deemed a waiver.

Last updated: May 2026.