# Masnet SpA Terms of Service **Effective Date:** October 6, 2026 **Masnet SpA**, Chile. ## 1. Acceptance of Terms These Terms of Service (the "**Terms**") govern access to and use of the web platform and application programming interfaces of **Masnet SpA** (the "**Platform**" or the "**Services**"). The customer and its authorized users (the "**Client**" or "**Users**") accept these Terms **expressly and irrevocably** at the time of: - **Creating an account** on the Platform, at which time they shall manifest their acceptance through the enabled mechanisms (checkbox, acceptance button, or other equivalent means). - **Accessing the Platform** through authentication with their credentials, an act that constitutes **ratification** of acceptance of the Terms in effect at that time. Continued access to and use of the Platform implies acceptance of any modifications to these Terms duly notified. The Client and Users submit to applicable regulations, including **Law 19.886** and its **current regulation** of the Ministry of Finance. ## 2. Provider Identification **Masnet SpA** is a corporation by shares incorporated under Chilean law. For support and commercial inquiries: **[soporte@masnet.com](mailto:soporte@masnet.com)** or **[hola@masnet.com](mailto:hola@masnet.com)**. **Important statement:** Masnet **is not an official service of ChileCompra** nor is it affiliated with the Directorate of Public Procurement and Contracting (DCCP). Masnet **does not decide awards** nor does it participate in the decision-making processes of public entities. ## 3. Nature and Scope of Services Masnet provides **software as a service (SaaS)** and **application programming interfaces (APIs)** under **monthly and/or annual subscription** licenses for the **comprehensive lifecycle management** of **public procurement** processes and sales to the State, as well as for **business intelligence** and corporate **collaboration**. ### 3.1. Platform Capabilities The Platform enables Clients and their teams to **identify, prioritize, prepare, and manage** public sector opportunities, as well as **measure results** and **plan** their commercial strategy. Available capabilities **vary according to the subscription plan** and include, among others: - **Opportunity and workflow management**: stage-based dashboards (detection, pre-qualification, preparation, submission, monitoring, award, execution, closure), traffic lights, checklists, and milestone traceability. - **Collaboration and document management**: process-specific workspaces, document repository, templates, and activity log. - **Alerts and prioritization**: configurations by keywords, categories, agencies, territories, amounts, and competitors; notifications via email and within the application. - **Bid preparation**: assistants for structuring requirements, verification checklists against requirements, and consolidation of documents ready for upload to the official system. - **Analytics and market intelligence**: award histories, competitive benchmarking, effectiveness KPIs, market share, pipeline and forecast; reports for management and commercial planning. - **Post-award**: purchase order monitoring, contract tracking (terms, milestones, guarantees), and compliance control. - **APIs and integrations** (optional): connectors for synchronization with Client systems (enterprise resource planning systems, customer relationship management, business intelligence), single sign-on (SSO), and automations, as per technical documentation. **Scope**: The above description represents the general capabilities of the Platform. Specific functionalities available to each Client are detailed in their contracted subscription plan and may evolve according to product and market development. ### 3.2. Submission Through Official Channel **The submission of bids, quotations, or applications is conducted exclusively through the official system** available at **[www.mercadopublico.cl](http://www.mercadopublico.cl)** and other relevant public platforms, in accordance with their regulations. Masnet **is not an official service of ChileCompra**, **does not decide awards**, nor **modifies deadlines** or tender specifications. The Platform consumes **public information** from official sources to support Client management and analytics, and may provide direct links to the corresponding process. ### 3.3. Internal Operations Data and Bid Data **Internal operations data** (Client's private data): The Client's management activities on the Platform—such as workflows, assignments, internal comments, strategic discussions, drafts, preliminary versions, pricing decisions, and configurations—constitute **confidential Client information** that Masnet processes in accordance with the **Privacy Policy** and the subscription contract. **Submitted bid data** (eventually public): The Client acknowledges and accepts that **documents, prices, technical specifications, and other materials that the Client formally submits to the official system** of Mercado Público **will become public** pursuant to **Transparency Law No. 20.285** after the tender closes and until publication of the technical or administrative opening minutes. This publication is performed by the official public procurement system and **is not Masnet's responsibility**. The Platform may facilitate the preparation and upload of such materials, but **does not control or manage their publication** on the official system. ### 3.4. Operating Subdomains The Platform operates on **masnet.com** and its subdomains (for example: accounts, app, and daas), as specified in the technical documentation. ### 3.5. AI Policy and Client Data Masnet **does not use** **Client Data** (including content, metadata, and usage signals) to **train, fine-tune, or improve** proprietary or third-party artificial intelligence models, **except** where there is **prior, explicit, and informed consent** from the Client. The **Privacy Policy** states the functionalities that use artificial intelligence, the **providers** that run them, their **location**, the **minimization measures**, and the applicable **retention periods**, enabling the Client to make an informed decision. ## 4. Registration and Eligibility Use of the Services requires a **paid subscription or a contract**. Online sign-up includes a **30-day trial period**, with no payment method, to evaluate the Platform; when it ends, continuing requires subscribing to a plan. No permanent free plans exist. The Services are directed at **adults** and at **Chilean natural or legal persons** operating in the context of domestic public procurement. ### 4.1. Technical Requirements and Client Responsibility The Client may connect to the Services using any **modern Internet browser** compatible with the Services. The Client is **exclusively responsible** for: - Obtaining and maintaining **Internet access** with sufficient bandwidth for proper use of the Platform. - Providing the **computing equipment, devices, and software** necessary to access the Services (computers, mobile devices, updated operating systems, compatible browsers). - Keeping browsers and operating systems updated to ensure compatibility and security. - Complying with the **minimum technical requirements** that Masnet communicates in its technical documentation or website. Masnet **is not responsible** for the quality, availability, or cost of the Client's Internet access, nor for failures or incompatibilities arising from equipment, software, or configurations under the Client's control. ## 5. License of Use Masnet grants the Client a **limited, non-exclusive, non-transferable, and revocable license** to access and use the Platform during the term of their subscription, in accordance with these Terms and applicable documentation. Without written authorization, the Client may not: (a) sublicense, lease, assign, or transfer the license; (b) reverse engineer, decompile, or attempt to extract source code; (c) circumvent technical security measures; or (d) use the Platform to develop a substantially similar service. ## 6. Public Data, Sources, and Attribution **Public procurement data processed by the Platform** (for example, tenders, awards, or purchase orders) originates from the **Mercado Público** system and has **public** and **reusable** character pursuant to Chilean **transparency** regulations (Law 20.285) and ChileCompra's **open data** policy. Masnet processes, normalizes, and makes such data available within the Platform, and may include indexes, enrichments, historization, and search functions. **Ownership and attribution.** Masnet **does not claim rights** over the **underlying public content**, which belongs to State entities and/or the public procurement system. The **Platform, its compiled databases, enrichments, models, and tools** are owned by Masnet. When we disseminate **unmodified data** from Mercado Público, we shall **indicate** the source as **"Directorate ChileCompra – Mercado Público"**. **Reserved material.** Masnet shall **not publish** or make available information **declared reserved** by the contracting entity or subject to access restrictions under transparency regulations. ## 7. Interoperation with Mercado Público and Data Sources Masnet obtains and updates public procurement information through **multiple official sources**: ### 7.1. Mercado Público API When the Platform consumes information via the **Mercado Público API**, the Client and Users accept and Masnet commits to respect the **Policies and Terms of Use** of said API, including: - Use with a **personal credential (ticket)** assigned by ChileCompra. - **Frequency limits of 10,000 daily requests per credential**. - **IP address monitoring** and other technical measures. - **Prohibition against circumventing** technical restrictions or quotas through multiple accounts, IP rotation, or other mechanisms. - The recommendation to execute bulk loads during **nightly windows** (22:00–07:00 Chilean time). ### 7.2. Bulk Download Files The Platform downloads **daily** (approximately 8:00 AM Chilean time) the compressed file (.zip) of **active tenders** available at **[www.mercadopublico.cl](https://www.mercadopublico.cl/Home)**, containing Excel and/or CSV files with consolidated information on active tenders. These downloads are based on **Open Data** resources officially provided by ChileCompra. ### 7.3. ChileCompra Open Data (OCDS) Masnet downloads and processes **daily** information for the **current and accumulated month** from the site **[datos-abiertos.chilecompra.cl](https://datos-abiertos.chilecompra.cl)**, an official platform providing public procurement data under the **Open Contracting Data Standard (OCDS)**, with the purpose of generating transparency and enabling social oversight of public resource use. These downloads are based on **Open Data** resources officially provided by ChileCompra. ### 7.4. Source Attribution When we publish **unmodified data** from these official sources, we shall **indicate** as source the **Directorate of Public Procurement and Contracting (ChileCompra) – Mercado Público** or **ChileCompra Open Data**, as appropriate. ## 8. Client Content and Responsibilities **Information managed on the Platform**: The Client's **internal operations data** (configurations, tracking, internal notes, comments, strategic decisions, drafts) are processed by Masnet pursuant to the **Privacy Policy** as confidential information. **Bid documents**: The Client is responsible for the **documents, prices, and materials** it decides to submit to the official Mercado Público system. The Client acknowledges that such information **will become public** pursuant to **Law No. 20.285** after the tender closes, this publication being performed by the official system and **not by Masnet**. The Client is responsible for: (i) the veracity and lawfulness of its data and content; (ii) the use its Users make of the Services; (iii) maintaining the confidentiality of its credentials; and (iv) understanding what information will become public when submitting bids to the official system. ## 9. Quality and Availability of Public Data Given that the processed data is **public data** originating from third parties (State entities), **the quality, integrity, availability, and timeliness of that data is the responsibility of the corresponding public procurement system**. Masnet does not warrant the **completeness or absence of errors** in publicly-sourced content, nor its continuous publication. **Source corrections.** When a Client detects inaccuracies in data from Mercado Público, Masnet shall **manage its update from the source** and **propagate** the changes after the next synchronization, without prejudice to correction mechanisms available in the Mercado Público system itself. **Source verification.** The Client acknowledges that part of the information comes from **official publications** and public sources. Although Masnet applies quality controls, processing, and normalization, the Client **must verify** the **original notice or administrative act** before making critical or binding decisions. ## 10. Acceptable Use The Client and its Users may not use the Services to: (a) violate laws; (b) infringe third-party rights; (c) attempt unauthorized access to systems or data; (d) overload or interfere with the operation of the Platform or ChileCompra systems; (e) massively extract content in a manner that contravenes these Terms, regulations, or Mercado Público API quotas; (f) circumvent technical limitations, frequency quotas, or monitoring through multiple accounts, IP rotation, or other mechanisms; (g) suppress, hide, or alter legal notices or trademarks; (h) send, upload, or store content containing viruses, malware, ransomware, or other malicious code; or (i) create false identities, impersonate other users, or falsely represent affiliation with persons or organizations. Without prejudice to civil and contractual actions, such conduct may constitute crimes under **Law No. 21.459** on computer crimes. ### 10.1. Regulatory Compliance and Specific Requirements Additionally, the Client and its Users shall refrain from activities that compromise the security or integrity of the Platform or third parties, including: automated data scraping that circumvents quotas or technical controls, spam distribution, API abuse, reverse engineering, unauthorized access attempts, denial of service, or evasion of security filters. Use of the Services must comply with **country- and service-specific requirements** communicated by Masnet, as well as acceptable use policies of its infrastructure and telecommunications providers, where applicable. Masnet may **suspend or limit access** for serious or repeated violations, without prejudice to applicable legal actions. ## 11. Intellectual Property The **Platform, software, designs, trademarks, compiled databases, indexes, models, documentation, and other works** are owned by **Masnet SpA** or its licensors and are protected by applicable law. The Client acquires no ownership rights over the Platform. **Underlying public data** retains its public character as per law; the **curation and structuring** performed by Masnet constitutes a protected database and/or content. ## 12. Payments, Billing, and Taxes Access to the Services is subject to **payment of the subscription** (monthly or annual) agreed in the contract. Unless expressly stipulated, fees are **prepaid** and **non-refundable**. Prices **do not include taxes**; the Client shall be responsible for applicable taxes. Masnet may suspend service for **late payment** or **payment defaults**. ## 13. Data Export and Deletion Upon Contract Termination Upon termination of the subscription, the Client may request **export of its data and configurations** within **30 days** following account closure, subject to legal retention obligations. ### 13.1. Scope of Standard Export The standard export includes the following data in **structured formats** (CSV, JSON, or equivalent): - **Internal operations data**: identified and managed opportunities, workflows, states and stages, assignee assignments, associated tasks and checklists, internal notes and comments, alert configurations and Client preferences. - **Activity metadata**: Client activity logs (excluding system audit logs), configured bookmarks and tracking. - **Contact information and users**: list of Client's authorized users with assigned roles and permissions. ### 13.2. Standard Export Exclusions The standard export **does not include**: - **Attached files**: documents, images, or other binary files uploaded by the Client, which must be manually downloaded from the Platform **before account closure**. - **Public source data**: information on tenders, awards, or purchase orders from official sources (directly available from Mercado Público). - **Pre-computed analytics**: reports, dashboards, graphs, or visualizations generated by the Platform (source data is exported, not visualizations). - **Other Clients' data**: information shared in collaborative spaces that belongs to other Clients. ### 13.3. Advanced Exports and Deletion Extraction of **advanced reports, pre-computed analytics, or data in custom formats** beyond standard scope may be subject to additional charges according to current rates. After the **30-day** period from account closure, the **retention and deletion policy** stated in the Privacy Policy shall apply, with Masnet proceeding to delete or anonymize Client data in accordance with its legal and contractual obligations. ## 14. Support Masnet provides **support** through **[soporte@masnet.com](mailto:soporte@masnet.com)** and **[hola@masnet.com](mailto:hola@masnet.com)** during business hours, with commercially reasonable efforts. Specific support characteristics (service level agreements, response times) may be established in the contract or annexes. ## 15. Platform Modifications Masnet may **improve, update, or modify** the Platform periodically. Where appropriate, it shall inform of substantial changes affecting use of the Service. Some features may be subject to different plans or subscriptions. ## 16. Warranties and Disclaimers The Services are provided **"as is" and "as available"**. Masnet makes no warranties of merchantability, fitness for a particular purpose, uninterrupted availability, or absence of errors, nor regarding public data from third parties. ## 17. Limitation of Liability To the maximum extent permitted by law, Masnet's **total liability** for any claim arising from or related to the Services **is limited to the amount actually paid by the Client for the current subscription** in the **twelve (12) months** prior to the event giving rise to liability. Masnet **shall not be liable** for indirect, incidental, special, punitive damages, or lost profits. ## 18. Suspension, Termination, and Force Majeure Masnet may **suspend or terminate** Client access in case of breach of these Terms, payment default, service abuse, or legal requirement. The Client may terminate its subscription according to applicable contractual procedure. Upon termination, access shall cease and the **retention/deletion policy** stated in the Privacy Policy shall apply. **Force majeure**: Masnet shall not be liable for delays or failures caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, failures of critical infrastructure providers, widespread cyberattacks, armed conflicts, acts of authority, or any other force majeure circumstance in accordance with Chilean law. ## 19. Subcontracting and Data Processors Masnet may engage **vendors** (for example, cloud infrastructure services, delivery and protection network, email delivery, artificial intelligence models, payment processing, electronic invoicing, security monitoring, anti-abuse protection) as **data processors**, under contract and reasonable security measures. Masnet shall maintain responsibility for compliance with its contractual and regulatory obligations. The **Privacy Policy** identifies the vendors that process data outside Chile. Information about other **categories of subprocessors** and relevant changes is available upon request through **[legal@masnet.com](mailto:legal@masnet.com)**. ## 20. Security Incidents Masnet maintains a **vulnerability reporting channel** at **[seguridad@masnet.com](mailto:seguridad@masnet.com)**. In the event of **security incidents** affecting Client data, Masnet shall notify the Client based on reasonable severity and risk criteria, preparing for the requirements of **Law 21.719** when it enters into force. ## 21. Privacy and Data Protection The processing of **personal data** is governed by Masnet's **Privacy Policy**. The Client declares knowledge and acceptance thereof. ## 22. API Security, Webhooks, and Credentials ### 22.1. Credential Custody The Client is **exclusively responsible** for the custody, confidentiality, and management of its **API keys, authentication tokens, and other credentials** provided by Masnet to access APIs and integration services. The Client undertakes to: - **Maintain confidentiality**: Not share, publish, or expose credentials in public repositories, external documentation, unencrypted communications, or unauthorized third-party systems. - **Secure storage**: Store credentials in secrets managers, protected environment variables, or enterprise vaults, avoiding their inclusion in source code or plain-text configurations. - **Access control**: Limit access to credentials only to authorized personnel under the principle of least privilege. - **Periodic rotation**: Implement regular credential rotation policies in accordance with the organization's security best practices (recommendation: every 90 days or upon termination of personnel with access). ### 22.2. Responsible API Use The Client commits to: - **Respect technical limits**: Comply with rate limiting, request quotas, and technical restrictions communicated in the API documentation. - **Implement responsible retries**: Apply exponential backoff and retry logic that does not generate excessive load upon transient errors. - **Monitoring and logging**: Implement API usage monitoring and maintain audit logs of requests made for traceability and anomaly detection. - **Not circumvent restrictions**: Refrain from using multiple accounts, rotating credentials, rotating IPs, or any mechanism intended to circumvent technical or security limits. ### 22.3. Secure Webhook Configuration When the Client configures **webhooks** to receive notifications or events from the Platform, it undertakes to: - **Exclusive use of HTTPS**: Webhook endpoints must employ **HTTPS with valid certificates** (not self-signed) to ensure encryption in transit. - **Signature validation**: Implement cryptographic validation of webhook signatures in accordance with Masnet's technical documentation, to verify authenticity and prevent impersonation attacks. - **Endpoint protection**: Apply access controls, IP filtering (when technically viable), and denial-of-service attack protection on receiving endpoints. - **Secure processing**: Sanitize and validate received data before processing or storage to prevent injection vulnerabilities. ### 22.4. Responsibility for Unauthorized Access The Client is **fully responsible** for all access, operations, and transactions performed using its credentials, including those resulting from: - Disclosure, loss, or theft of credentials due to negligence or breach of custody obligations. - Unauthorized access derived from insecure Client system configurations. - Misuse by employees, contractors, or third parties with legitimate access to the Client's credentials. Masnet **shall not be liable** for damages, losses, or harm arising from credential compromise when attributable to the Client. ### 22.5. Obligation to Report Security Compromises The Client must notify Masnet **immediately** through **[seguridad@masnet.com](mailto:seguridad@masnet.com)** in case of: - Suspicion or confirmation of compromise, loss, theft, or unauthorized exposure of credentials (API keys, authentication tokens). - Detection of anomalous access, unusual usage patterns, or suspicious activity related to its credentials. - Security incidents in Client systems that may affect the integrity of integrations with the Platform. Masnet shall provide assistance for **immediate revocation** of compromised credentials and issuance of new credentials, without prejudice to additional security measures to be implemented. ### 22.6. Revocation and Suspension Masnet reserves the right to **revoke, suspend, or limit** access to APIs and integration services, without prior notice, when it detects: - Use that repeatedly or abusively exceeds technical or contractual limits. - Anomalous or suspicious access patterns that may indicate credential compromise or unauthorized use. - Non-compliance with security obligations established in this section. - Risk to the security, stability, or integrity of the Platform or other Clients. Revocation or suspension does not exempt the Client from payment obligations for the current subscription period. ## 23. Exports, Sanctions, and Fair Competition ### 23.1. Export Controls and Sanctions The Client represents and warrants that its use of the Service complies with applicable **sanctions and export control laws**, and that neither the Client nor its end users access from countries or regions subject to **international sanctions**, nor appear on lists of sanctioned persons or entities. Masnet may request verification information and suspend the Service upon risks of sanctions non-compliance. ### 23.2. Fair Competition and Prohibition of Collusion The Client shall **not** use the Platform to coordinate **collusive bids**, allocate markets, fix prices, or exchange sensitive commercial information among competitors, in line with **OECD Guidelines** on preventing collusion in public procurement and Chilean fair competition regulations. Masnet shall not be liable for misuse of information by the Client or its users. ## 24. Indemnification The Client agrees to **indemnify, defend, and hold harmless** Masnet, its directors, employees, and agents from and against any claims, demands, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or related to: (a) the Client's or its Users' breach of these Terms; (b) misuse of the Services; (c) infringement of third-party rights arising from content or data provided by the Client; or (d) credential compromise attributable to the Client pursuant to Section 22. ## 25. Governing Law and Dispute Resolution These Terms are governed by the **laws of the Republic of Chile**. **Direct negotiation.** In the event of any dispute arising from or related to these Terms, the parties shall attempt to resolve it in good faith through **direct negotiation** for a period of **30 calendar days** from written notice of the dispute. **Jurisdiction.** If the dispute is not resolved through direct negotiation within the stated period, the parties submit to the **exclusive jurisdiction of the Ordinary Courts of Justice of Santiago, Chile**, expressly waiving any other venue that may correspond to them. ## 26. Changes to the Terms Masnet may update these Terms. When changes are material, the Client shall be notified through reasonable means (email or via the Platform) at least **15 calendar days** prior to their effective date. Continued use of the Platform after the effective date of the modifications shall imply acceptance thereof. ## 27. Assignment Neither party may **assign, transfer, or delegate** its rights or obligations under these Terms without the **prior written consent** of the other party, except that Masnet may assign these Terms in the event of a merger, acquisition, or sale of all or substantially all of its assets, notifying the Client within **30 days** thereafter. ## 28. Severability If any provision of these Terms is declared **null, invalid, or unenforceable** by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable, or removed if that is not possible. The **remaining provisions** shall remain in full force and effect. ## 29. Waiver The **failure or delay** of either party in exercising any right or remedy under these Terms **shall not constitute a waiver** of such right or remedy. No waiver shall be effective unless made **in writing** and signed by the waiving party. A waiver of any right on one occasion shall not be construed as a waiver with respect to future occasions. ## 30. Survival Provisions that by their nature should survive termination of these Terms shall remain in effect, including without limitation: **Intellectual Property** (§11), **Limitation of Liability** (§17), **Indemnification** (§24), **Governing Law and Dispute Resolution** (§25), **Severability** (§28), **Confidentiality**, and any other obligations that should reasonably extend beyond termination. ## 31. Entire Agreement These Terms, together with the **Privacy Policy** and the **Complementary Annexes** (incorporated by reference), constitute the **entire agreement** between the parties with respect to the subject matter hereof and supersede any prior agreement, communication, or understanding, whether oral or written, on the same subject matter. Any modification must be made **in writing**. ## 32. Annexes The following Complementary Annexes form an **integral part** of these Terms and are incorporated by reference: - **Annex A:** Service Level Agreement (SLA) - **Annex B:** Responsible Vulnerability Disclosure Policy (VDP) - **Annex C:** Feedback and Improvements Clause - **Annex D:** Information on Sub-processors - **Annex E:** Detailed Acceptable Use Policy (AUP) - **Annex F:** Data Processing Agreement (DPA) — General Framework - **Annex G:** Contact and Communication Channels The Complementary Annexes are published at **[masnet.com/en/terms/annexes](https://masnet.com/en/terms/annexes)**. In the event of conflict between these Terms and the Annexes, these Terms shall prevail, unless the Client's individual contract stipulates otherwise. ## 33. Contact Legal, contractual, or security inquiries: - **General support:** [soporte@masnet.com](mailto:soporte@masnet.com) / [hola@masnet.com](mailto:hola@masnet.com) - **Security:** [seguridad@masnet.com](mailto:seguridad@masnet.com) - **Legal:** [legal@masnet.com](mailto:legal@masnet.com)