Terms of Service

1. Introduction

These Terms and Conditions (hereinafter, the "Terms") detail the terms governing the use of the Services provided by Litsight, a platform operated by SWEBCOL SAS, identified with NIT 900436315-1, located in Bogotá, Colombia (hereinafter, "Litsight", "we", "us" or "our"). The terms set forth in this document constitute a legally binding contract between you ("you", "your" or "Client") and SWEBCOL SAS. Both you and Litsight may be referred to individually as a "Party" and collectively as the "Parties" in these Terms.

By accessing, registering an account, or using Litsight's Services, you agree to be bound by these Terms. If you do not agree with the Terms, you must not register or use the Services. If you use the Services on behalf of an entity, you accept these Terms for such entity and warrant to Litsight that you have the authority to bind the entity to these Terms, unless the entity has a separate contract with SWEBCOL SAS, in which case such contract will prevail over the use of the Services.

2. Definitions

Services: The Litsight platform and all related functionalities that allow for competency and behavioral assessments.

Account: The profile registered by a user to access the Litsight platform, which may be of type Company or Partner (Distributor).

Partner (Distributor): Consultants, coaches, psychologists, or consulting and/or training companies that use the platform to conduct assessments for their own clients, whether individuals or companies.

3. Acceptance of Terms and Conditions

By registering and using the Services, you agree to comply with these Terms and declare to be 18 years of age or older or to have valid parental authorization if you are a minor. If you are using the Services on behalf of an entity, you also warrant that you have the authority to bind such entity to these Terms.

4. Platform Use

4.1 Platform Access

Litsight grants users limited, personal, non-exclusive, non-transferable, non-sublicensable, and non-assignable access to use the platform and Services, exclusively for purposes permitted by Litsight and in accordance with the registered account type. Platform access is restricted to registered users and is for exclusive use for internal assessment and professional development purposes, according to account type.

4.2 User Responsibilities

• The user must be duly authorized by their organization to administer the Services on their behalf.
• Users may not use the platform for illegal, fraudulent purposes, or in any way that may harm Litsight's reputation or operation.
• The use of Company accounts to serve multiple organizations or distribute assessments outside the corresponding organization is strictly prohibited.
• The user must ensure that assessments are conducted within the applicable legal framework and in accordance with privacy and data protection policies.
• Not to use the platform in sanctioned countries (OFAC, EU) or for activities that violate SAGRILAFT, FATF regulations, or applicable laws in your jurisdiction.

4.3 Intellectual Property

All platform content, including assessments, reports, materials, software, and other related resources, is the exclusive property of Litsight. The user has no right to reproduce, distribute, modify, or adapt the content without Litsight's express consent. Any unauthorized use of Litsight's intellectual property is prohibited.

4.4 User-Created Custom Tests

Users with a subscription plan may create custom tests (exam type) with multiple choice questions, Likert scales, and numeric inputs.

Validity and reliability. The validity, reliability, ethical and legal adequacy of custom tests is solely the user's responsibility. Litsight assumes no responsibility for decisions, incidents, or consequences arising from user-created tests.

Assistance with advanced logic. If the user requires advanced logic (e.g., style classification, complex calculations, conditional rules), they may request the service at info@litsight.pro. Design and implementation by our development and psychometrics teams will be billed as an additional service according to complexity and scope agreed in writing.

Intellectual property of questionnaires. Questionnaires created by the user are the user's property; Litsight will not reuse them within or outside the platform without express authorization. The user may share, reuse, or export them and apply them in other tools freely. Litsight may provide migration assistance to other platforms, subject to professional service fees.

Prohibited content. Tests that incite violence, discrimination, hatred, sexual exploitation, adult content, or any theme inappropriate for a professional context, or that infringes third-party rights or affects Litsight's reputation, may not be created. Litsight may preventively remove tests that violate this rule.

5. Account Suspension and Termination Grounds

5.1 Account Suspension or Blocking

Litsight reserves the right to suspend or permanently block any account that:

• Misuses the platform, including fraudulent or unauthorized activities.
• Is associated with an organization with suspicious activities related to money laundering, fraud, or illegal activities, in accordance with SAGRILAFT regulations.
• Is associated with an organization subject to legal investigations that pose a risk to Litsight's reputation or operation.
• Violates platform use policies or these Terms.
• Defaults on subscription plan payments, after 5 calendar days of delinquency and prior notification.

In case of suspension or blocking, the user will be notified at their registered email and may appeal within 10 business days.

5.2 Contract Termination

Litsight may terminate the contract immediately if the user violates any of the Terms. In case of termination, the user will lose access to the platform. If termination is due to non-payment of a plan, Litsight may demand overdue amounts, limit functionalities, and/or report defaults to credit bureaus in accordance with applicable law. The user may appeal within 10 business days.

6. Payment Methods and Terms

6.1 Credit Payments

Litsight offers credit purchases exclusively through:

• (a) Wompi: Available for payments from any country.
• (b) PayPal: Exclusively for users outside Colombia.

Once payment is successfully completed, credits are automatically loaded to the user's account.

6.2 Taxes and Costs

Credits purchased in the store: published prices include applicable taxes (VAT) where applicable.

Annual subscription plans: prices do not include VAT. For Partners (Distributors) who are natural persons not responsible for VAT, Litsight may assume VAT as a commercial benefit. Legal entities will have corresponding VAT added.

6.3 Off-Platform Credit Purchase

Possible through bank transfer or other authorized means. Write to info@litsight.pro for instructions. Once payment is verified, credits will be loaded within a maximum of 4 business hours.

6.4 Refund Policy and Right of Withdrawal (individual credits)

Right of Withdrawal (Colombia – Law 1480 of 2011). The user may withdraw from the credit purchase within 7 calendar days after the transaction, provided those credits have not been used.

Procedure. Send an email to info@litsight.pro within the indicated period stating: number of credits to refund, reason, and transaction data.

Partial refunds. The value of credits retained will be recalculated according to the corresponding volume rate; the difference is refunded, less financial processing costs.

Example: purchase of 100 credits for USD 1,900 (USD 19 each). If 90 are returned, the 10 retained remain at the USD 23 price range (= USD 230). Refund

After 7 days, the purchase is final. Credit transfers between accounts are not permitted.

6.5 Currency

Payments in USD (users outside Colombia) or COP (users in Colombia). For other currencies, convert in PayPal or request off-platform payment.

6.6 Annual Subscription Plans (corporate/distributor use)

Annual plans provide better prices per credit and additional functionalities, including the ability to create custom tests (see 4.4).

Plans are for exclusive use of the contracting account and may not be shared with persons external to the Client's organization.

If the Client exhausts their plan credits, they may purchase additional credits with the discount associated with their plan; such discount is cumulative with other current commercial benefits communicated by Litsight.

6.7 Annual Plan Payment Methods

Advance payment: the Client pays the annual value with a discount equivalent to 2 months (pays 10 of 12).

Monthly payment: a one-time Onboarding fee is charged in month 1 (training and support). This value is returned as prorated discounts between months 7 to 12.

Example (Starter 50 credits): Month 1: $277 USD (= $97 monthly fee + $180 Onboarding). From month 7, the fee drops from $97 to $67 until month 12, compensating for the $180 Onboarding. (Starter and Plus: Onboarding $180; other plans: value according to current offer).

6.8 Commitment and Billing

All plans are annual. Litsight releases all credits at the start of the period; therefore, the Client commits to paying the entire plan, even if all credits are consumed in a single month.

Billing::

• Advance payment: one invoice within the first 30 calendar days from activation (kick-off).
• Monthly payment: billed on the same day of each month based on the activation date; if activation is after day 20, from the second month it is billed on day 20.
• Non-payment: after 5 days of delinquency, Litsight may suspend access and report to credit bureaus, without prejudice to demanding due amounts.

6.9 Dissatisfaction and Early Plan Termination

Annual plans are fixed-term and non-cancellable. Notwithstanding the above, Litsight may, at its sole discretion and as a commercial gesture, offer a proportional refund of the paid and unconsumed credit value (calculated at the plan's unit price) after a meeting between Litsight and the Client to attempt to resolve dissatisfaction and explore alternatives.

For advance payment, the refund will apply to the unused credit balance.

For monthly payment, termination will take effect at the close of the current billing cycle and does not exempt overdue installments.

This exceptional benefit does not constitute an acquired right and will be documented in writing.

7. Security and Personal Data Protection

7.1 Data Collection

Litsight collects personal data such as name, date of birth, email, phone, gender, document number, assessment results, and, in the case of companies and distributors, the NIT. This data is used exclusively for platform operation and Service provision.

7.2 Data Protection

Litsight is committed to protecting the privacy and security of personal data as set forth in our Privacy Policy. We implement reasonable measures to prevent unauthorized access, alteration, or destruction of data. Litsight complies with Law 1581 of 2012 (Colombia) and GDPR. Users in the EU may exercise their rights by sending a request to info@litsight.pro.

7.3 Subcontracting

Litsight may subcontract infrastructure, storage, or other services necessary for platform operation. Litsight remains responsible for compliance with these Terms and ensures that subcontractors comply with equivalent security and privacy obligations (e.g., ISO 27001, standard contractual clauses for international transfers). Litsight conducts periodic security assessments of its providers.

8. Support and Assistance

Email: info@litsight.pro. We respond within a maximum of 24 business hours (usually in less than 2 hours).

Availability: we do not guarantee continuous availability or absence of failures.

Administrator email change (Company/Distributor): request the change to info@litsight.pro.

9. Limited Liability

9.1 Limitation of Liability

Litsight is not responsible for indirect damages, data losses, or any other damage arising from platform use, except as expressly stated in these Terms. Litsight's maximum liability is limited to the value of unused credits purchased by the user.

9.2 Exclusion of Liability and Indemnity

Litsight will not be responsible for misinterpretations of reports or decisions made based on them. The user will indemnify and hold Litsight harmless from damages, losses, costs, and expenses (including legal fees) arising from misuse of the platform, misinterpretation of reports, or breach of these Terms.

Litsight provides diagnoses and suggestions based on rigorous assessments, but does not guarantee the development of specific competencies or the success of subsequent actions. Reports should not be the sole factor in sensitive decisions (e.g., hiring or promotion).

10. Applicable Law and Jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute will be resolved by the competent courts of Bogotá, Colombia, without prejudice to the rights of users in the EU to file claims with local authorities.

11. Term Modifications

Litsight will notify important changes by email or through a banner on the platform. If the user does not agree, they may stop using the Services. Changes take effect from their publication; users may accept the updated Terms before continuing to use the platform.

12. Force Majeure Events

Litsight will not be responsible for breaches caused by events beyond its reasonable control, including international sanctions, natural disasters, or massive internet interruptions.