Terms and Conditions of Use

Dear User, we warmly welcome you to “Pinax Pocket Mentor” (hereinafter, interchangeably “Pinax Pocket Mentor” or the “Platform”), a platform owned by XpertIA SpA (hereinafter, the "Company").

The terms and conditions set out in this document govern the use of the Platform and the services offered through it, so it is very important that you carefully read the content of this document.

For the purposes of this instrument, you will be referred to as the “User”, while you and the Company will be referred to individually as a “Party” and jointly as the “Parties”.

Important: By clicking where it says “I accept the Terms and Conditions”, you: (1) State that you have read these Terms and Conditions, expressly accepting them and thereby assuming all the rights and obligations established in this document; (2) Declare and warrant that you are over 18 years of age, that you are fully capable of entering into acts and contracts, and that you have sufficient authority to enter into the legal act(s) recorded in this instrument on behalf of the person you claim to represent, stating that such authority has not been limited or revoked; and (3) Declare, warrant and take responsibility for the authenticity and truthfulness of the data you provide to XpertIA SpA.

This document contains the Terms and Conditions of Use of the Platform, which govern the access, operation and limits of liability associated with the use of this tool. This instrument is complementary to the General Terms and Conditions of Contracting and does not replace them.

Its purpose is to provide clarity regarding the use of the Platform, define the roles of the parties involved and establish standards compatible with current legislation.

2.1. The Platform is software owned by XpertIA SpA, Chilean Tax ID (RUT) No. 77.922.445-7, a stock company (sociedad por acciones) dedicated to providing technology-based mentoring and artificial intelligence services, aimed at accompanying founders and technology-based entrepreneurial teams in their business validation and development processes, through the use of artificial intelligence and digital platforms, via a platform called “Pinax Pocket Mentor” (hereinafter, the “Platform” or “Pinax Pocket Mentor”), legally represented by Ms. María Fernanda Castillo Vargas and Mr. Ignacio Alexis Zambrano Carrillo, domiciled at Avenida Javiera Carrera No. 045, apartment No. 401, Tower 3, commune of Temuco, Araucanía Region, Chile.

In addition to the postal address indicated above, you may contact us by writing to the email address info.xpertia@xpertialab.cl.

2.2. Pinax Pocket Mentor is designed, at this first stage, to be contracted by an organization —whether the founder’s own startup, company or SME, an accelerator, an investment fund, an incubator or another entrepreneurship-support organization— that subscribes to the service and authorizes access to the Platform for one or more founders (hereinafter, any such organization, the “Institution”). Pinax Pocket Mentor is an artificial intelligence mentor with persistent memory across sessions, designed to accompany the founders authorized by the Institution throughout their business validation and development process. Through a continuous conversation, the Platform calibrates the founder’s position with respect to a configurable venture-building framework, tracks milestones, commitments, risks, hypotheses and evidence over time, and generates recommendations and reference content aimed at facilitating the founder’s decision-making. The Institution may view, with respect to the founders it has authorized, certain general indicators on the progress of their mentoring process through an administration panel. The foregoing does not imply that XpertIA adopts decisions based solely on automated processing that produce legal effects on the founder, who may in any case request human review of any evaluation generated by the Platform, under the terms of clauses 6.6 to 6.8 below.

You accept that this service is provided for information purposes only and that, consequently, you will at all times be responsible for the information you upload to the Platform, the accuracy of which XpertIA cannot vouch for.

Furthermore, the Company will use its best efforts to regularly maintain the services provided through the Platform. Notwithstanding the foregoing, it may, from time to time, suspend the service for Platform maintenance purposes or to address any contingency that may occur. Likewise, it may modify the information and interface contained in the Platform where it deems appropriate, as well as the data contained therein. All of the foregoing is expressly accepted by you.

3.1. For a founder to access the Platform, the Institution to which they belong must purchase a subscription and enable their access as an authorized User. The different subscription options can be reviewed at the [following link].

The price of the subscription, as well as its duration, will be the one the Institution selects among the subscription options. The agreed price will apply for the agreed period and will not be modified during that term nor refunded.

However, prices for subscription periods subsequent to the contracted one may be modified by the Company, which must always be accepted by the Institution if it renews its subscription. Changes in subscription prices will take effect at the beginning of the new subscription, should the Institution decide to contract it. Notwithstanding the foregoing, the acceptance of these Terms and Conditions by each founder enabled as a User is personal and independent of the commercial relationship between the Institution and the Company, and governs the use that such founder makes of the Platform.

3.2. The Institution declares and warrants that it is the holder of the payment method used for the subscription, or that it has the necessary authorization for its use, and authorizes its use in this process. Any unauthorized use of third-party payment methods entitles XpertIA SpA to withhold these payments and to refuse access to the Platform until the facts that led to such unauthorized use of the payment method are clarified. Likewise, the Company will be entitled to exercise the civil and criminal actions arising from such unauthorized use of said payment method.

3.3. Once the Institution purchases a subscription and enables access, the founder will be required to create a user account and enter a series of personal data, such as their full name, national identity card number and email address. Such personal data will be processed in accordance with our Privacy Policy and the provisions of Law No. 19.628 on the Protection of Private Life (hereinafter, “Law No. 19.628”) and its subsequent amendments. Likewise, and in consideration of the entry into force on December 1, 2026 of Law No. 21.719, which Regulates the Protection and Processing of Personal Data and creates the Personal Data Protection Agency, the processing of your personal data will also comply with said law, its regulations and the instructions issued by the Personal Data Protection Agency.

Likewise, when entering your data, you will be required to tick a box in which you declare that you have read and expressly accepted these Terms and Conditions and our Privacy Policy. At that point, this declaration will contain a link where you can consult those documents.

You may use the Platform only if you accept the Terms and Conditions and the Privacy Policy.

3.4. The personal data entered by you will serve as an electronic signature, under the terms established in article 2, letter f) of Law No. 19.799, on electronic documents, electronic signatures and certification services providers for such signatures (hereinafter, “Law No. 19.799”).

Consequently, and pursuant to the provisions of article 3 of Law No. 19.799 cited above, you will be formally identifying yourself and electronically signing this contract constituted by these Terms and Conditions.

3.5. Due to your obligation to act in good faith when contracting with the Company and due to the Company’s need to be certain of the person with whom it contracts, it is your obligation to provide accurate and complete statements about your personal identity data at the time of contracting. Likewise, it is your responsibility to update your personal data as it changes.

If your data does not correspond, the Company reserves the right not to accept your subscription.

3.6. Once your account is created, we will send you an email to validate your email address. That email will also contain a complete, clear and legible copy of these Terms and Conditions and of the Privacy Policy, as well as a confirmation of the electronic subscription. Notwithstanding the foregoing, you may always request the Terms and Conditions governing the relationship between the Parties.

3.7. The Company informs you that the contracting of any subscription to the Platform is not subject to the right of withdrawal contemplated in article 3 bis of Law No. 19.496, which is expressly stated herein to be excluded in accordance with the second paragraph of said article.

To use the Platform, you must log in with the registered email/username and access password, which is strictly personal.

The correct use of these means of identification is your responsibility. You may not assign or hand over, under any title, your account and/or password to third parties. Likewise, you are obliged to properly safeguard your password and may not share it with third parties; otherwise the Company will be entitled to cancel and/or block your subscription.

Likewise, you must immediately notify the Company of any suspicious or unauthorized use of your user account, or any known security breach or suspected breach, including loss, theft or unauthorized disclosure of passwords.

The service contract set out in these Terms and Conditions is entered into by you, on the one hand, and the Company, on the other. These entities or persons will be the only parties to this agreement and the only ones responsible for complying with the obligations arising from the contractual relationship governed by this instrument.

5.1. XpertIA’s obligations are:

5.1.1. To use its best efforts in accordance with industry standards to diligently provide the services rendered on the Platform, in accordance with the provisions of these Terms and Conditions and the Privacy Policy. The foregoing is subject to payment of the respective subscription and its validity.

5.1.2. To ensure that the information and/or personal data processed under these Terms and Conditions and through the Platform are not accessed by unauthorized third parties. Consequently, the Company undertakes to adopt all reasonable technical and organizational security measures to prevent the aforementioned information or data from being accessed by unauthorized third parties.

5.1.3. To comply with the other obligations established in this instrument.

5.2. Your obligations are:

5.2.1. You assure and warrant that you: (a) will keep passwords under your exclusive control, it being strictly prohibited to disclose passwords to third parties, whether they are your employees or not; (b) will use the service for lawful purposes consistent with the provisions of this document.

5.2.2. You will be responsible for keeping your personal data up to date.

5.2.3. You will be responsible for the accuracy of the information you upload to the Platform, including information regarding the members of your founding team or other natural persons linked to your project, and must have a lawful basis to share such information through the Platform, being responsible for such processing and, therefore, for complying with the regulatory standards in force regarding personal data protection, in particular the provisions of Law No. 19.628 on the protection of private life and, as of its entry into force, Law No. 21.719.

When you access the Platform by invitation of an Institution, XpertIA will process your personal data in accordance with the terms agreed between XpertIA and said Institution, without prejudice to which the Institution may, in its capacity as independent controller with respect to its relationship with you, process the information it accesses through the Platform’s administration panel in accordance with its own privacy policies.

5.2.4. If the computer system through which the Platform is accessed is sold or transferred to another person, you undertake to delete all cookies and software files obtained from said electronic platform or through its use.

5.2.5. Without prejudice to the other prohibitions established in this document, you may not, by yourself, through registered users or through third parties:

• a) Copy, reproduce, distribute, compile in any way, publish, modify, create derivative works, transmit or in any other way exploit any part of the services provided, except for downloading the materials and information that are part of the service for your personal use, in accordance with the provisions of this instrument.
• b) Carry out reverse engineering activities on the Platform.
• c) Offer any part of the service covered by this contract to third parties.
• d) Interfere or attempt to interfere with or interrupt by any means the operation of the Platform.
• e) Obtain or attempt to obtain, by any means, any material or information from the Platform that has not been made public by the Company.
• f) Violate or attempt to violate, by any means, the security of the Platform and/or the Company with a view to gaining access to the service, data, materials, information, computer systems or networks.
• g) Carry out any kind of action that imposes or may impose an excessive or disproportionately large load on the service or the Platform’s infrastructure, in a way that may endanger its normal operation.
• h) Use or attempt to use any device, program, tool, algorithm, process or automated methodology aimed at accessing, acquiring, copying or monitoring any part of the Platform, including data, information or content that can be accessed on said platform.
• i) Use the services for any kind of unlawful act or purpose.

5.2.6. Failure to comply with your obligations will entitle the Company to immediately terminate the service. Termination of the contract and the service in accordance with this clause will not require a judicial ruling declaring it. Consequently, the termination will take immediate effect, for which it will suffice for the Company to send you a written communication indicating the occurrence of the breach event and recording its intention to terminate the service. The foregoing is without prejudice to XpertIA SpA’s right to go to court to collect the applicable damages.

6.1. The Company is committed to safeguarding the personal data collected through the Platform. We take care to strictly comply with Law No. 19.628 and the other legal regulations applicable in the Republic of Chile. This includes, as of its entry into force on December 1, 2026, Law No. 21.719, which Regulates the Protection and Processing of Personal Data and creates the Personal Data Protection Agency (hereinafter, the “Agency”), whose standards the Company is progressively adopting before that date.

6.2. In this regard, the Platform’s Privacy Policy, which is an integral part of these Terms and Conditions, informs you in a clear, understandable and unequivocal manner about what data we collect, what we do with it, and what your rights are over it.

6.3. If you subscribe as a user of the Platform, you will be required to expressly accept the Privacy Policy, which will be fully binding on you from that moment. Acceptance of said Privacy Policy enables XpertIA to process your personal data in accordance with the purposes, lawful bases and distinctions established in that instrument, including the processing necessary for the provision of the service, the processing required by legal obligations and, where applicable, the processing subject to your specific and separate consent.

6.4. For the provision of its services, the Platform uses technology infrastructure and artificial intelligence processing providers that may be located outside Chile. Consequently, your personal data may be subject to international transfers, which will be subject to the safeguard mechanisms required by applicable law, such as standard contractual clauses or other equivalent guarantees. The details of the providers involved and the applicable safeguard mechanisms are available in our Privacy Policy.

6.5. Without prejudice to the rights detailed in our Privacy Policy, you may always exercise the rights of access, rectification, cancellation, opposition, portability and limitation of processing with respect to your personal data, as well as the right not to be subject to decisions based solely on automated processing that produce legal effects on you. Once it is fully operational, you may also file complaints with the Agency, without prejudice to the other administrative and judicial avenues contemplated by law.

6.6. In the course of its operation, the Platform generates automatic indicators on the progress of the founder’s mentoring process —also referred to internally as triage signals—, such as status classifications or gaps between what the founder declares and the evidence gathered. Such indicators are intended solely to support the mentoring process and, where applicable, to inform the Institution that issued the invitation; they are recalculated on a continuous basis as new information or evidence becomes available, and do not, by themselves, constitute a decision with legal effects on the founder. You may, at any time, request that a person review any indicator or evaluation generated regarding your process, contest a classification and submit additional evidence, by writing to the contact email address indicated in clause 2.1. In particular, these signals do not constitute, and may not be used as:

• a) an assessment of the founder’s personal merit;
• b) investment advice;
• c) a recommendation to grant or deny funding;
• d) a criterion for determining the founder’s admission to, exclusion from or continuity in a program; or
• e) an exclusive or determining criterion for adopting any decision that produces legal effects on the founder or significantly affects them.

6.7. Obligations of the Institution with respect to the signals and indicators: the Institution that authorizes a founder’s access to the Platform undertakes not to use the administration panel or the indicators or triage signals referred to in clause 6.6 above to:

• a) Approve or reject funding;
• b) Determine investment amounts;
• c) Exclude founders or startups from a program;
• d) Terminate a founder’s participation in a program early;
• e) Modify benefits or contractual conditions agreed with the founder;
• f) Impose sanctions;
• g) Build rankings or personal classifications of founders; or
• h) Share the signals or indicators with investors or other third parties not authorized by XpertIA or by the founder themselves, as applicable.

6.8. Human evaluation in significant decisions: where a decision that produces legal effects on the founder or significantly affects them depends, in whole or in part, on the information generated by the Platform, the Institution must adopt it by means of an effective human evaluation that considers information independent of such indicators, and must allow the founder to correct the information giving rise to them, submit additional evidence and request their review, under the terms set forth in the Privacy Policy.

7.1. The Company is the owner or licensee, as applicable, of all intellectual and industrial property rights relating to the content of the Platform. Accordingly, this website, source code, computer programs, databases, content, design, interface, photographs, audio, graphics, documents, diagrams, flow charts and any other material, tangible or intangible, capable of being read by a person, equipment or machine and, in general, any work capable of protection under Chilean intellectual and industrial property laws and international treaties on the matter found on the Platform, are owned by the Company.

By accepting these terms, you declare that you understand that the reproduction, distribution, public communication and the exercise of any kind of economic or moral copyright over all or part of the contents of the Platform are expressly prohibited, unless prior written authorization from the Company is obtained or when expressly authorized by law.

All of the foregoing is without prejudice to the ownership of the content and data uploaded by each User to the Platform, which will be processed by the Company without the Company thereby claiming any type of right, except for the mere use of such content and data to provide functionality to the Platform.

7.2. By this instrument, the Company grants the User a license to access and use the contracted SaaS owned by it, on a non-exclusive, limited, revocable, non-transferable and non-sublicensable basis, for internal use and for the contracted period within the territory of the Republic of Chile or the territory indicated in the respective proposal or purchase order. By accepting these Terms and Conditions, you declare that you understand that you may not claim the Company’s intellectual and/or industrial property rights, and may not distribute or facilitate access to third parties, except with the prior express written authorization of the Company. You may not sell, assign, sublicense or transfer, or attempt to assign, sublicense or transfer in any way, your access to the Platform.

7.3. You will not apply for the registration of any idea, invention, creation, information or distinctive sign disclosed to you by the Company that is capable of being registered as industrial and/or intellectual property.

7.4. “XpertIA” and “Pinax Pocket Mentor” are trademarks owned by the Company. Any use of these trademarks without the prior authorization of their owner is prohibited.

8.1. In fulfilling the obligations established in this instrument, the only responsible parties will be you and XpertIA SpA, who will be liable up to slight negligence (culpa leve). The aforementioned liability will in no case extend to the employees, legal representatives or partners of the Company.

8.2. The Platform is provided by XpertIA SpA "as-is", without prejudice to compliance with applicable legal and contractual warranties. The Company undertakes to maintain reasonable levels of availability, security and operation in accordance with the provisions of this instrument.

However, it is noted that the service is provided on the basis of computer technology that may be subject to interruptions or errors not directly attributable to the Company, such as system outages or problems in external networks. In such cases, the Company will make reasonable efforts to restore the service as soon as possible, without this implying a guarantee of uninterrupted or error-free operation.

8.3. In this regard, the Company’s liability is limited in accordance with the following, which is expressly accepted by you:

• a) Given that the information entered into the Platform is provided directly by you, the Company will not be responsible for the truthfulness, falsity or timeliness of the information provided.
• b) XpertIA SpA will not be liable for damages arising from the temporary unavailability of the Platform or from the involuntary transmission of viruses or other malicious elements, provided that such situations are not attributable to its negligence or failure to comply with reasonable security and continuity measures in accordance with current technical standards. This limitation will not affect the rights that the law grants to consumers.
• c) The Platform may contain links or hyperlinks to other Internet sites over which the Company exercises no control whatsoever. XpertIA SpA will in no case be responsible for the contents of such sites or their operation.

8.4. The Company’s liability for the services provided will in no case exceed what was actually paid by the User for the use thereof.

The Company will ensure that the User’s confidential information and/or personal data processed in the course of providing the services are not accessed by unauthorized third parties. Consequently, XpertIA SpA undertakes to adopt all reasonable technical and organizational security measures to prevent the aforementioned information or data from being accessed by unauthorized third parties.

The foregoing also extends to the electronic communications of such information between the Parties. In this regard, both Parties must employ the security measures necessary to prevent these communications from being intercepted.

Likewise, for the sake of clarity, it is expressly stated that the Parties must adopt backup measures aimed at dealing with any contingency affecting their computer systems.

10.1. Inputs:

You are solely responsible for the data, content or information provided through the services of the XpertIA Platform ("Inputs"). By submitting Inputs, you declare and warrant that you have all the necessary rights and that such Inputs do not infringe third-party rights or violate applicable laws. The Company is not responsible for the truthfulness, legality or suitability of the Inputs provided by you.

10.2. Outputs:

The Platform generates results, suggestions and reports (“Outputs”) from the Inputs provided by the User. These Outputs are designed to assist the founder’s judgment in making decisions about their venture, facilitating evidence-based analysis and tracking of their validation process. However, they do not constitute legal, financial or investment advice, nor do they replace the evaluation or decision that should be made by the founder themselves or by the advisors they choose to consult.

The Company does not guarantee that the Outputs are accurate, complete or suitable for all of the User’s specific purposes, nor does it assume responsibility for decisions or actions taken exclusively on the basis of them. The User retains at all times the final responsibility for the use they make of the Outputs and must exercise their own professional judgment, consulting experts where appropriate.

10.3. Actions:

Any action taken by the user as a result of using XpertIA’s services is the sole responsibility of the user. The Company will not be liable for direct, indirect, incidental or consequential damages resulting from actions taken by users based on the Outputs or on interaction with the services. The foregoing is without prejudice to the security, transparency, personal data protection and responsible design obligations that this Platform and the Privacy Policy impose on the Company, which are not excluded or limited by the provisions of this clause.

10.4. Materials:

All materials provided by XpertIA, including but not limited to tutorials, documentation, templates and other resources ("Materials"), are the property of XpertIA SpA or its licensors and are protected by intellectual property laws. Users receive a limited, non-exclusive and non-transferable license to use the Materials solely in connection with the authorized use of the Platform’s services. Any unauthorized reproduction, distribution, modification or use of the Materials is prohibited.

11.1. Subscription term: The subscription will have the term indicated in the respective subscription.

If, once it has ended, except in cases of automatic renewals, you wish to continue with the subscription, you must again accept the Terms and Conditions in force at that time. In any case, the Company will have the right not to contract with you again if it decides to discontinue the Platform’s services.

11.2. Termination for breach: The Parties reserve the right to terminate this contract in the event of breach or default by the other Party of the obligations imposed on it, without the breaching party being entitled to compensation.

Termination of the contract, in accordance with the preceding paragraph, will not require a judicial ruling declaring it. Consequently, the termination will take immediate effect, for which it will suffice for the complying Party to send the other Party a communication by email, indicating the occurrence of the breach event and recording its intention to terminate the contract.

The Party to which termination of the contract has been communicated will have the right to contest the non-existence of the grounds supporting it, in accordance with clause number 17.

Termination in accordance with this clause will in no case entitle you to a refund of the amounts already paid, unless such breach is attributable to willful misconduct or gross negligence of the Company.

11.3. Notwithstanding the provisions of the preceding paragraphs, the Company may suspend, discontinue, modify or eliminate, totally or partially, at any time and without cause, the services or information offered on the Platform. For this purpose, it will give notice to the User at least 30 (thirty) calendar days before the date of suspension, discontinuation and/or elimination. In the event of discontinuation or elimination of the Platform, the contract will be deemed terminated, which will not entitle the parties to any kind of compensation for damages. In the event of partial discontinuation and/or elimination of the services provided, the User may request to terminate this contract without cause and without the Company being entitled to compensation, except for payment for the services actually provided, plus adjustments and/or interest, if applicable.

The foregoing is without prejudice to the obligations that are understood to have been completed before the end of the term of this contract and/or those obligations that are intended to survive after the end of the term of the contract.

11.4. Upon termination of this contract, for any reason, the User may access their account in order to request and download, in a structured format that allows its portability, the information they had entered into the Platform in the course of their mentoring process, for a period of 30 calendar days, after which XpertIA may delete such information.

You authorize the Company to assign, totally or partially, the rights acquired under this contract, so that a third party may continue to provide the services that are the subject matter of this contract, acquiring all the rights and obligations held by the Company under these Terms and Conditions.

With regard to your personal data, the provisions of our Privacy Policy will apply.

The Company will have the power to subcontract third-party services in the provision of the services covered by this contract, in which case it will require such third parties to comply with personal data protection obligations equivalent to those assumed by the Company under the Privacy Policy.

If any provision of this contract or its application to a particular person or circumstance is null, invalid or unenforceable to any extent, the remainder of this instrument and the application of such provision to other persons or circumstances will not be affected thereby and will be applied to the extent permitted by law.

If one of the Parties does not demand compliance with any provision of this instrument, such omission does not in any way imply a waiver or withdrawal, nor will it affect its rights to demand compliance, nor will it affect the validity and effect of such provision or any other provision of this contract, except where it expressly provides otherwise. The mere circumstance that occasionally or over certain periods situations involving breach of the contract are accepted, or the fact that one of the Parties does not exercise or exercises with delay the rights granted by the contract, whether those expressed in it or those deriving from it by reason of its nature or the law, will constitute acts or omissions of mere tolerance that may not be interpreted or invoked as a tacit modification of the contract, nor will they deprive either Party of the exercise of its rights.

This instrument constitutes the full and complete understanding between the Parties on the subject matter it covers. Therefore, its execution invalidates any other communication made between the Parties, by any means or in any form, that takes place or has taken place prior to its signing and that deals with the same subject matter.

The interpretation and application of these Terms and Conditions are subject to Chilean law.

In the event of any difficulty arising between the Parties as a result of these Terms and Conditions regarding the existence, validity, enforceability, rescission, termination, interpretation, application, performance or execution thereof, or for any other reason related to this contract, the Parties will submit to the jurisdiction of the competent courts of the Republic of Chile. In this regard, the Company informs you that you always have the legal right to go to the competent court in accordance with the provisions of Law No. 19.496 with respect to any dispute regarding the services provided by XpertIA. The latter is subject to you having the status of “consumer” in accordance with the provisions of the aforementioned law.

Any modification to these Terms and Conditions must be accepted by you before continuing to use the Platform, for which purpose XpertIA SpA will provide notice thereof.