These terms and conditions («Terms») govern access to and use of the Monitsal service, a SaaS platform for ticket management, helpdesk, and workflow automation, provided by Salmonit S.A.S. («Salmonit», «we»), incorporated under the laws of the Argentine Republic.
By using the service, you accept these Terms in full. If you do not agree with any of them, do not use the service.
1. Definitions
- «Service»: the Monitsal platform, including the website monitsal.com, customer instances (subdomains customer.monitsal.com), APIs, mobile applications, and any associated functionality.
- «Customer»: the natural or legal person contracting the service.
- «User»: persons authorized by the Customer to use the service (agents, administrators, observers).
- «Customer Data»: all information uploaded by the Customer or its Users into the service (tickets, comments, files, catalog data).
- «Plan»: level of service contracted (Starter, Growth, Enterprise, or others in effect).
2. Acceptance and modifications
By creating an account, contracting the service, or using it in any way, the Customer and its Users accept these Terms. Salmonit may modify them by notifying the Customer at least 30 days in advance by email to account administrators or via publication on the site. Continued use of the service implies acceptance of the modified Terms.
3. Accounts, registration, and credentials
- The Customer is responsible for maintaining the confidentiality of access credentials of its Users.
- The Customer will notify Salmonit without delay of any unauthorized use or detected security breach.
- The Customer is responsible for actions performed through its Users' accounts.
- Salmonit may suspend accounts suspected of fraudulent use or violation of these Terms.
4. License of use
Subject to compliance with these Terms and payment of applicable fees, Salmonit grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service during the term of the contract, exclusively for its legitimate internal operations.
This license does not include the right to:
- Sub-license, resell, lease, or transfer the Service to third parties.
- Reverse engineer, decompile, or attempt to access the source code.
- Remove or modify intellectual property notices.
- Use the Service to develop a competing product.
5. Acceptable use
The Customer and its Users agree not to use the Service to:
- Store, transmit, or process illegal content, infringing third-party rights, offensive, or violating human rights.
- Send spam, unsolicited communications, or malware.
- Attempt to access accounts, data, or systems that do not correspond to the Customer.
- Perform load testing, vulnerability scanning, or attacks against the Service without prior written authorization.
- Any activity that may affect the availability, integrity, or security of the Service for other Customers.
Salmonit may suspend or terminate accounts that violate these rules, with or without prior notice depending on severity.
6. Customer data ownership
Customer Data is owned by the Customer. Salmonit processes it exclusively as data processor, in accordance with our Privacy Policy and, when applicable, a specific Data Processing Agreement (DPA).
The Customer warrants that it has all necessary rights and consents to upload Customer Data to the Service and indemnifies Salmonit against any claim arising from the legitimacy of such data.
Upon contract termination, the Customer can export its data in structured formats for a 30-day period. After that period, data will be deleted from active systems as described in the Privacy Policy.
7. Intellectual property
Salmonit and its licensors are the exclusive owners of all intellectual property rights in the Service, including the software, design, registered trademarks (Monitsal, Salmonit), documentation, and any improvements or derivatives.
The Customer retains ownership of its own content (logos, brands, customer data). The Customer grants Salmonit a non-exclusive, worldwide, royalty-free license to use such content solely for the purpose of providing the Service.
If the Customer provides feedback or suggestions about the Service, Salmonit may use it freely without compensation or attribution.
8. Pricing, payments, and billing
- The applicable fees are those published in the contracted plan or those agreed in commercial proposal.
- Billing is monthly or annual as chosen by the Customer.
- Payments are made in USD or in Argentine pesos at Banco Nación exchange rate on the billing date.
- Prices do not include taxes (VAT, IIBB, withholdings), which will be added as applicable.
- Delinquency over 30 days entitles Salmonit to suspend access to the Service. Delinquency over 60 days entitles termination with data deletion.
- Payments are non-refundable, except for administrative error by Salmonit or contrary legal provision.
- Salmonit may update fees with 60 days' prior notice. Increases do not apply retroactively to the already-paid period.
9. Availability and SLA
Salmonit commits to a Service availability (uptime) according to the contracted plan:
- Starter: 99.0% monthly (best-effort, no credits for non-compliance).
- Growth: 99.5% monthly.
- Enterprise: 99.9% monthly with contractual SLA and credits.
Scheduled maintenance windows are notified at least 48 hours in advance and prioritized during low-traffic hours. Interruptions due to force majeure or upstream provider failures (Supabase, Vercel) do not count against the SLA.
10. Support
Support level depends on the contracted plan:
- Starter: email support, response within 48 business hours.
- Growth: priority support by email and chat, response within 8 business hours.
- Enterprise: synchronous support (video call / dedicated channel), response times defined in SLA.
11. Confidentiality
Each party agrees to maintain the confidentiality of non-public information of the other party received in the framework of the commercial relationship. This obligation remains during the term of the contract and the 3 years following its termination.
12. Warranties and disclaimers
Salmonit warrants that it will provide the Service with professional diligence and in accordance with industry standard practices. THE SERVICE IS PROVIDED «AS IS» without additional warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
Salmonit does not warrant that the Service will be uninterrupted, error-free, or absolutely secure. The Customer is responsible for maintaining additional backups if its critical operation requires it.
13. Limitation of liability
To the maximum extent permitted by applicable law, Salmonit's total liability to the Customer for any claim arising from use of the Service is limited to the amount actually paid by the Customer in the 12 months prior to the event giving rise to the claim.
Salmonit will not be liable for indirect, incidental, special, consequential, or punitive damages, nor for lost profits, customer-attributable data loss, or loss of business opportunities, even if advised of the possibility of such damages.
These limitations do not apply in cases of willful misconduct, gross negligence, infringement of intellectual property rights, or where applicable law expressly prohibits such limitations.
14. Indemnification
The Customer will indemnify Salmonit against any third-party claim arising from: (i) use of the Service in violation of these Terms, (ii) illegal content uploaded by the Customer or its Users, or (iii) Customer's infringement of third-party rights.
15. Termination
- Either party may terminate the contract with 30 days' written notice at the end of the billing period.
- Salmonit may terminate immediately in case of unremedied material breach, prolonged delinquency, or use of the Service in violation of law.
- After termination, the Customer may export its data for 30 days. After that period, data will be deleted per the Privacy Policy.
- Clauses that by their nature must survive (intellectual property, confidentiality, limitation of liability) will survive termination.
16. Force majeure
Neither party will be liable for failures arising from causes beyond its reasonable control, including —without limitation— natural disasters, pandemics, massive internet infrastructure failures, generalized power outages, government acts, or armed conflicts.
17. Governing law and jurisdiction
These Terms are governed by the laws of the Argentine Republic. For any dispute arising from interpretation or execution, the parties submit to the jurisdiction of the Ordinary Courts of the City of Buenos Aires, waiving any other forum or jurisdiction that may apply.
For Customers domiciled outside Argentina, the parties may agree in writing to an alternative jurisdiction and applicable law in the specific commercial contract.
18. General provisions
- Severability: if any provision is invalid, the others remain in full force.
- Assignment: the Customer may not assign these Terms without Salmonit's written consent. Salmonit may assign them to legal successors or acquirers in the framework of corporate reorganization.
- Entire agreement: these Terms, together with the Privacy Policy and the signed commercial proposal (if any), constitute the entire agreement between the parties.
- No waiver: failure by either party to exercise a right does not imply waiver of that right.
- Notices: notices are made by email to the addresses registered in the Customer's account and to infomonitsal.com in the case of Salmonit.
19. Contact
For any inquiries about these Terms, write to legalmonitsal.com or infomonitsal.com.