Welcome to Summya, the Marketplace of AI agents and automation flows designed for businesses. Our mission is to democratize access to artificial intelligence through ready-to-use solutions, without the need for programming.
Summya operates under two clearly differentiated business models:
Own Products (First-Party): Summya develops, trains, markets and directly supports AI agents under its brand (e.g. "Summya SalesBot", "Summya Assure"). In these cases, Summya assumes full responsibility for the operation, accuracy and legal compliance of the product.
Marketplace (Third-Party): Summya facilitates the technological connection between Sellers (external developers) and Buyers (SMEs). In these cases, Summya acts as a technological intermediary, and is NOT the author, supplier, distributor or controller of the listed agents.
The identification of each product as "from Summya" or "third party" is made in a clear, visible and non-misleading manner in the user interface.
Summya reserves the right to develop native functionalities that expand the capabilities of the Platform. Summya undertakes not to use the source code, proprietary models, databases or trade secrets of the Sellers to develop its Own Products, guaranteeing fair and transparent competition.
2. LEGAL NATURE OF THE AGREEMENT
These Terms and Conditions of Use (hereinafter, “T&C”) constitute a binding legal agreement between you (“User”, “Seller”, “Buyer”, or “you”) and Summya de Colombia S.A.S., a company incorporated under the laws of Colombia, with its main address at Calle 83 # 5-57, Bogotá, Colombia, identified with NIT 902.003.625-9.
By registering, accessing or using any part of the Platform, you represent and warrant that you have read, understood and fully accepted these T&Cs, including the distinction between your own and third-party products, and that you have the legal capacity to enter into binding contracts.
Summya's responsibility varies depending on the type of product:
Own products: Summya acts as a direct supplier.
Third party products: Summya acts as a technological intermediary, with limited liability.
This distinction governs all rights, warranties and limitations contained in these T&Cs.
3. IDENTIFICATION OF OWN PRODUCTS VS. FROM THIRD PARTIES
To guarantee transparency and compliance with the Consumer Protection Law (Colombia) and the EU Digital Services Act, all products on the Platform are clearly identified:
| FEATURE | SUMMYA PRODUCT | THIRD PARTY PRODUCT |
| --- | --- | --- |
| Visible Brand | “Summya” in name and logo | Seller name and logo |
| Clear Label | “Own” | “From Third Parties” |
| Legal Manager | Summya | Seller |
| Technical Support | Summya Support | Seller Support |
| Refund policy | 14 day guarantee | 14 day guarantee |
| Jurisdiction | Colombia / United States | Seller Jurisdiction |
These T&Cs will be updated periodically to reflect the evolution of the global AI regulatory framework, including regulations in force or in the adoption stage in the jurisdictions where Summya operates (e.g. AI Laws, SIC Guides in Colombia, draft laws in Mexico and Brazil). Summya is committed to adjusting its policies to maintain compliance with the highest AI ethics and governance standards on the market.
4. DEFINITIONS
AI Agent: Software based on artificial intelligence designed to automate specific tasks, such as customer service, sales prospecting, social media marketing or internal processes. It can be a Own Product or a Third Party Product.
First-Party Product: AI agent developed, trained, marketed and supported directly by Summya under its brand. Summya takes full responsibility for its operation, accuracy, legal compliance and technical support. Examples: "Summya SalesBot", "Summya Assure".
Third-Party Product: AI Agent developed, listed and offered by a third-party Seller on the Summya Platform. Summya acts as a technological intermediary and assumes no responsibility for the product, except for defects in the integration of the Platform.
Buyer: User who purchases or subscribes to an AI Agent, whether a First-Party Product or a Third-Party Product, for use in their business.
Seller: User who lists, offers and sells Third Party Products on the Platform. Includes independent developers, technology agencies or startups.
Summya (or the Platform): The hybrid Marketplace operated by SUMMYA DE COLOMBIA, accessible at /es, which facilitates the search, comparison, acquisition and use of AI Agents, whether their own or third-party products.
Automation Flow: Preconfigured sequence of actions that integrates multiple tools or systems (e.g. CRM, email, social networks) to automate business processes. It can be your own product or a third-party product.
Marketplace Operator: Summya, in its role as a neutral technological intermediary that connects Sellers and Buyers, through a secure and regulated digital infrastructure.
Marketplace Commission: Percentage of the sale value of a Third Party Product that Summya charges the Seller to facilitate the transaction. Does not apply to Own Products.
Summya Technical Support: Assistance service offered directly by Summya for Own Products and Platform defects. It does not cover problems with Third Party Products.
Seller Support: Mandatory technical assistance service that every Seller must offer for their Third Party Products, under a defined SLA (Service Level Agreement).
Subscription: Recurring payment model (monthly or annual) for the use of an AI Agent, whether a Own or Third-Party Product.
Trial (Free Trial): Temporary access to an AI Agent, at no cost, to evaluate its functionality. Duration: 7 days for Third Party Products, 14 days for Own Products.
Automatic Refund: Immediate refund of payment if a Own Product complies with the basic functions declared in its technical sheet. Apply only during the first 14 days.
Summya Brand: All trade names, logos, designs, trademarks, copyrights and intellectual property registered in the name of Summya.
End Customer Data: Personal information that the Buyer (SME) processes with an AI Agent, such as name, email, telephone number or purchase history.
Data Controller: The entity that determines the purposes and means of processing personal data. - For Summya products: Summya is the controller. - For third party products: The Buyer is the controller; the Seller and Summya are processors.
Data Processor: The entity that processes personal data on behalf of a controller. On this Platform, Summya acts as a processor for third-party products, and as a controller and processor for its own products.
Legal Responsible for the Product: The entity legally responsible for the operation, compliance and consequences of the use of the product. -Own Product: Summya. -Third Party Product: The Seller.
Business Day: Any calendar day excluding Saturdays, Sundays and official holidays in the Republic of Colombia. It is the base time unit for all response time calculations in these T&Cs.
Hallucination (AI): Phenomenon where an AI model generates information that is syntactically plausible but semantically false, incorrect or without basis in the input data. Summya does not guarantee the total absence of this phenomenon.
SLA (Service Level Agreement): Document that details the quality commitments, response times, availability and support channels that a Seller is obliged to comply with towards the Buyer.
Force Majeure: Unforeseeable, inevitable and irresistible event beyond the will of the parties (e.g. natural disasters, terrorist acts, massive internet interruptions at the country level) that temporarily or permanently prevents compliance with contractual obligations.
API (Programming Interface): Set of protocols and tools that allow Buyers (Plus) to connect their systems with AI Agents, governed by the "API Terms of Use".
ARCO+ Rights: Rights of Access, Rectification, Cancellation, Opposition, Portability and Deletion that the owners of personal data can exercise over their information.
5. REGISTRATION AND USER ACCOUNTS
5.1. User Accounts.
Summya offers three types of accounts, depending on the user's role on the platform:
| Account Type | Access to Products | Features | Legal Responsibility |
| --- | --- | --- | --- |
| Buyer (Basic) | Own and Third Party Products | Acquire, subscribe, use agents | Responsible for ethical use and compliance when processing data |
| Seller | + List and sell Third Party Products | Manage flows, support, prices | Responsible for product, compliance and support |
| Company (Summya) | + Develop Own Products | Manage development, training, support | Full responsibility for own products |
Registration is Free for all account types.
Buyer Registration
Any natural or legal person can register as a Buyer if:
Age and Capacity Requirements
You are over 18 years of age (or legal age in your jurisdiction).
Has the capacity to enter into binding contracts.
Mandatory Information
Full name or company name.
Verified email.
Contact telephone number.
Country of residence.
Business sector (for personalized recommendations).
Identity document or tax identification (NIT, RUT, CUIT, etc.).
Verified email and phone.
Country of residence.
Bank information for payments.
KYBC (Know Your Business Customer) Verification
Summya will verify:
Legal existence of the seller (commercial registry, website, verified networks).
Legal representative (if applicable).
Commercial activity related to technology, AI or automation.
Exclusion List
You will not be able to register as a Seller if:
Has previously been expelled from Summya.
Offers products identical to those of Summya without differentiation.
Does not comply with the technical standards of the Platform (security, performance).
Registration of Own Products (Summya Team)
Products developed internally by Summya are registered under the Company role, with the following characteristics:
Brand: "Summya" will be visible in name, logo and interface.
Label: [OWN] on the product sheet.
Intellectual Property: Retained entirely by Summya.
Transfer of Rights: No rights are transferred to the Buyer; only a license for use is granted.
Technical Support: Offered directly by Summya, with availability 24/7.
Identity Verification and Authentication
Mandatory Double Verification:
Email.
Telephone (SMS or authentication app).
Device Authentication:
Support for biometric authentication (Touch ID, Face ID).
Ability to link multiple authorized devices.
Temporary Suspension:
Account blocked if access from unusual locations is detected.
Reactivation through second factor authentication.
Account Management and Security
Role Changes
A Buyer can become a Seller by completing the KYBC process.
A Seller cannot become a Buyer Plus without separating accounts (to avoid conflicts of interest).
Multiple Accounts
It is prohibited to create multiple accounts to evade sanctions or manipulate rankings.
Summya can merge accounts linked to the same person or company.
User Responsibility
You are responsible for:
Maintain the confidentiality of your credentials.
Immediately notify unauthorized access.
Summya is not responsible for damages resulting from mishandling of passwords.
Account Suspension and Closure
Grounds for Suspension
Fraudulent activity.
List of illegal or malicious products.
Serious violation of these T&C.
Notification of authorities.
Reasons for Final Closure
Sanction confirmed by the Dispute Resolution Court (TRDI)
Repeated activity of unfair competition.
Non-payment of commissions or fines.
Elimination Process
Summya notifies the reason for the closure 15 days in advance (except fraud).
The user can request immediate deletion of their account from their profile.
Data retention for 5 years to comply with legal obligations (Law 1581).
6. ROLES AND RESPONSIBILITIES
Summya as Direct Supplier (Own Product)
When the user purchases a Own Product (marked with [OWN]), Summya assumes the following responsibilities:
Development and Training
The precision of each Agent is measured according to the performance metrics (benchmark) documented in the 'AI Fact Sheet' specific to each product. Summya warrants that the Agent will operate within the error and performance thresholds stated therein. Any result outside these technical parameters will not be considered a compliance defect, provided that the user has operated the Agent within the intended use limits.
Monthly audit of bias and precision is carried out.
Functionality and Performance
The product must comply with the technical specifications declared in its sheet.
Minimum availability time: 99.5% monthly.
Response time < 2 seconds in 95% of queries.
Technical Support
24/7 support. Summya guarantees 24/7 support channel availability. Resolution times (SLA) will be measured from the successful reporting of the ticket on the Platform. Summya is committed to making commercial efforts to meet defined times, understanding that the complexity of AI may require higher analysis times in critical cases.
Service levels:
Critical (does not work): Resolution in < 2 hours.
Severe (restricted functionality): < 24 hours.
Mild (improvement): < 72 hours.
Legal Compliance
Summya complies with:
Law 1581 of 2012 (Colombia)
LGPD (Brazil)
GDPR (EU, if applicable)
Acts as a data controller when the product processes Buyer information.
Guarantee and Refund
14-day guarantee: If the product does not comply with basic functions, the refund is automatic.
Refunds processed within 5 business days.
Summya as Technological Intermediary (Third Party Product)
When the user purchases a Third Party Product, Summya acts as a neutral intermediary with the following responsibilities:
Technical Facilitation
Summya provides the infrastructure for listing, download, integration and payment.
Not responsible for the operation, accuracy or errors of the product.
Content Moderation
Initial verification of the product before publishing it.
Continuous monitoring of suspicious behavior.
Transparency
Clear information about:
Final price (includes VAT and commissions).
Seller's refund policies.
Technical support SLA.
Dispute Resolution
Summya facilitates the process through its Dispute Resolution Court (TRDI), but does not assume financial responsibility for the product.
Limitation of Liability
Summya will not be responsible for:
Damage resulting from the use of third-party products.
Lack of support from the Seller.
IP or data violations by the Seller.
Obligations of Sellers (Third Party Products)
Sellers are responsible for:
True and Complete Listing
Accurate descriptions, without exaggerations.
Technical specifications, system requirements and limitations.
Legal Compliance
The product must comply with:
Intellectual property rights.
Data protection regulations
AI laws applicable in each jurisdiction.
You must provide evidence of compliance if requested by Summya.
Mandatory Technical Support
The Seller must offer support throughout the subscription period.
You must publish your SLA (Service Level Agreement) with:
Opening hours.
Response times.
Support channels.
Security Updates and Patches
Keep the product updated against known vulnerabilities.
Publicly communicate any security problem.
Express Prohibitions
You will not be able to list products that:
Contain malware, spyware or ransomware.
Promote discrimination, hatred or violence.
Carry out illegal activities.
Directly copy Summya products without substantial differentiation.
Compensation
The Seller agrees to defend, indemnify and hold harmless Summya, its directors, employees and agents from and against any claim, demand, loss, expense (including responsible legal fees) or liability arising out of or in connection with: (i) the infringement by the Seller's product of third party intellectual property rights; (ii) unauthorized use of personal data by the product; or (iii) any breach of the warranties stated by the Seller in these T&C.
Obligations of Buyers
Buyers are responsible for:
Ethical and Legal Use
Use AI agents only for legal and ethical purposes.
Do not use them for:
Generate false content or misinformation.
Attack competitors.
Evade tax or salary payments.
Commit fraud.
Data Protection
If the AI agent processes end customer data, the Buyer is the Data Controller.
You must:
Inform your clients about the use of AI.
Implement security measures.
Respond to ARCO requests.
Payment and Renewal
Comply with established payment terms.
Renew subscriptions on time to avoid interruptions.
Problem Report
Report errors, security flaws or inappropriate content through the official form.
Do not share access credentials with unauthorized third parties.
Transparency and Non-Deception Clause
Summya is committed to:
Do not prioritize paid third party listings (not labeled as "sponsored").
Do not compete unfairly with Sellers, except with 90 days' notice and complying with innovation standards.
7. PAYMENTS, COMMISSIONS AND REFUNDS
Payment Methods
Summya employs a global payments strategy based on Stripe as the primary gateway, with DLocal as a fallback solution for Latin America. This infrastructure allows us to dynamically enable and process various local payment methods (cards, bank transfers, digital wallets, among others) according to the availability offered by said platforms in each region. All payments are processed through certified gateways under the PCI-DSS standard; Summya does not store credit or debit card information of its users.
Payment Management: In the event that a payment is rejected or cannot be processed by the selected method, the User will receive an automatic notification and a period of 72 hours to update their payment method. Summya reserves the right to suspend access to AI Agents if payment is not regularized within said period.
Currency and Exchange Rates: Payments made in currencies other than the list price may be subject to conversion rates applied by the payment gateway or the User's financial institution; Summya assumes no responsibility for such exchange differences or for additional charges arising from such conversion.
Marketplace Commissions
Summya charges a commission on transactions made through the Platform for the sale of Third Party Products.
The specific details of the commission, including its percentage, structure (fixed, progressive, volume) and payment terms, are set out in the "Business Agreement with the Seller", a separate and confidential document that is signed upon acceptance of the seller on the Platform.
This Trade Agreement:
It is negotiable according to the seller's profile, expected volume and strategic value.
It may include reduction conditions for growth (e.g. initial 20% commission → 12% if it exceeds 1,000 subscriptions).
It is subject to annual review by Summya.
It is kept confidential and is not disclosed to third parties.
Pricing and Billing
Final Prices
The price shown includes all applicable taxes (VAT, differential VAT, etc.).
There are no hidden charges.
Subscription Model
Own Products: Monthly or annual billing (with 2 months discount).
Third Party Products: Monthly billing, automatic renewal.
The Buyer can cancel the renewal at any time.
Electronic Invoice
Summya issues electronic invoice for each transaction.
The Seller must provide its tax information to issue invoices for commissions.
Refund Policy
| Criterion | Own Product | Third Party Product |
| --- | --- | --- |
| Application deadline | 14 days | 7 days (minimum; may be extended depending on Seller) |
| Admitted causes | Not working; does not fulfill basic functions | Not working; does not meet description; fraud |
| Automatic refund | Yes, if the causes are met within 48 hours | No; requires evaluation |
| Process | Direct by Summya | Summya notifies the Seller; Seller processes |
| Return time | 5 business days | 15 business days |
| Commission withheld | Summya does not charge commission | Summya charges the commission corresponding to the period used (minimum 1 day) |
Refund for Technical Defects (Own Product)
If the AI agent does not perform the declared basic functions (e.g. does not respond to queries, does not integrate with CRM).
The system detects the failure and activates the automatic refund.
Refund for Dissatisfaction (Third Party Product)
Requires evaluation from Summya and the Seller.
The Buyer must provide evidence (captures, logs).
The Seller may deny the refund if it proves that the product works.
Refund for Fraud or Illegal Use
Applies to both categories.
Requires formal complaint and evidence.
Summya may freeze funds during the investigation.
Payment Disputes
Dispute Process
The Buyer submits a request on the Platform.
Summya notifies the Seller (if applicable).
The Seller responds within 72 hours with evidence.
Summya decides in 5 business days.
Case of Seller Non-Response
Acceptance of the refund is considered.
Summya processes the return directly.
Case of Dispute Greater than USD 1,000
It is escalated to the Dispute Resolution Court (TRDI).
See Section 10.
Withholding of Funds
Summya may temporarily hold funds in the following cases:
| Causal | Maximum Time | Observation |
| --- | --- | --- |
| Open payment dispute | Until resolution | To guarantee refund if applicable |
| Fraud investigation | 15 days | Opposable to authorities if required |
| Violation of T&C by Seller | 30 days | Until sanction is resolved |
Fiscal Responsibility
The amounts paid by Summya to the Seller are net of any tax that must be withheld by law (With holding Tax). It is the Seller's responsibility to comply with its local tax obligations. Summya reserves the right to deduct from payments any tax withholding that, by law, must be applied to the amounts settled to the Seller.
8. INTELLECTUAL PROPERTY
Property of Summya (Own Products and Platform)
All intellectual property related to Summya is the exclusive property of SUMMYA DE COLOMBIA, including:
Own Products
All AI agents developed in-house (e.g. "Summya SalesBot").
Training models, datasets, embeddings and network weights.
Source code, documentation, interfaces and derived improvements.
Platform
Design, architecture, backend and frontend code.
Recommendation, ranking and fraud detection algorithms.
Database of users, lists and transactions (without sensitive personal data).
Brand
Trade name "Summya", logos, slogans and copyrights.
Rights in all countries of operation (Colombia, Mexico, Brazil, etc.).
Non-Exclusive Use License
By subscribing to a Own Product, Buyer receives a non-exclusive, irrevocable, worldwide, royalty-free license to use the AI agent in its business.
No ownership or exploitation rights are transferred.
Prohibited:
Copy, modify, sell or distribute the product.
Perform reverse engineering, decompilation or code extraction.
Use the agent to train competing models.
Ownership of Sellers (Third Party Products)
IP recognition
The Seller retains exclusive ownership over its AI agent, including:
Source code.
Training models.
Technical documentation.
Registered trademark of the product.
License Granted to Summya
The Seller grants Summya a non-exclusive, worldwide, sub-licensable and royalty-free license to:
List and promote the product on the Platform.
Allow free trials (trials) to Buyers.
Perform necessary technical integrations.
Use the name and logo of the product for commercial purposes.
c) Limitations
Summya cannot:
Modify, copy or distribute the product.
Use it outside the Platform.
Train your own models with data generated by the product.
Content Generation with AI
Content Created by the Buyer with Own Products
All generated content (texts, images, suggestions) will belong to the Buyer.
Summya does not claim rights to this content.
The Buyer will be responsible for its ethical and legal use.
Content Created by the Buyer with Third Party Products
Ownership of content depends on the Seller's terms.
By default, it is assumed that the Buyer retains the rights, unless the Seller establishes another condition in its own agreement.
Prohibition of Use of Summya Content
Content generated by Summya AI agents is not allowed to:
Train competing AI models.
Generate substitute products.
Evade copyright.
Data Protection and AI Models
Training Data
Summya AI models do not use Buyers' personal data for training.
Training is carried out with public and anonymous datasets.
End Customer Data
If an AI agent processes customer data of a Buyer (e.g. name, email), the Buyer is the Data Controller.
Summya acts as a Processor and must comply with the Privacy Policy.
Prohibition of Model Extraction
Scraping, extraction or copying of AI models from the Platform is prohibited.
Automatic detection and penalties for violation will be applied.
IP Infringement Claims
Third Party Notification
If a third party alleges that a product on the Platform infringes IP rights, they must notify: legal@summya.com with:
Identification of the right allegedly infringed.
Clear evidence of ownership.
Specific description of the infringing content.
Summya Action
Summya will evaluate the complaint within 5 business days.
If appropriate, it will temporarily suspend the listing while it investigates.
Will notify the affected Seller.
Responsibility
Own Product: Summya assumes the legal defense and any compensation.
Third Party Product: The Seller is responsible for its defense and payments. If Summya is sued, it may claim damages and costs from the Seller.
Non-Competition Clause in Development
For Corporate Buyers
The Buyer agrees not to use Summya's confidential information, trade secrets, proprietary models or databases to directly or indirectly develop, train or market AI agents that compete with Summya's products during the subscription term and 6 months thereafter.
For Sellers
The Seller undertakes not to use Summya's confidential information, trade secrets, proprietary models or databases to which it has had access to directly or indirectly develop, train or market AI agents that compete directly with Summya's Own Products during the term of its commercial relationship and for a period of 12 months following its termination.
DMCA Procedure for the USA
Summya respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). Rights holders may submit infringement notices pursuant to the notice-and-takedown procedure set forth herein, which is fully applicable to users in the US.
9. PRIVACY AND DATA PROTECTION
Incorporation of Privacy Policy: Summya's Privacy Policy, available at /en/legal/privacidad, forms an integral and essential part of these T&C. By accepting these T&C, you declare that you have read, understood and accepted the Privacy Policy.
Regulatory Compliance
Summya complies with the main applicable data protection regulations:
| Jurisdiction | Regulations | Application |
| --- | --- | --- |
| Colombia | Law 1581 of 2012, Decree 1377 of 2013, External Circular 2/2024 | Latin American platform and users |
| Brazil | General Data Protection Law (LGPD) | Brazilian Users and Buyers |
| European Union | General Data Protection Regulation (GDPR) | If the service is offered to the EU or data of EU citizens is processed |
| United Kingdom | UK GDPR | Applies if there are users from the United Kingdom |
All terms are designed to comply with the principle of "privacy by design and by default".
Types of Data Collected
User Data (Registration and Use)
Name, email, telephone, country, sector.
Payment information (not stored).
History of use of the Platform (products viewed, session times).
Buyer Data (during subscription)
Subscription plan.
Contracted products (own and third parties).
Access token for integrations (API).
End Customer Data (Processed by AI Agents)
Name, email, phone number, purchase history.
Customer service messages.
Preferences and purchasing behavior.
This category is critical: Summya processes this data as a Processor, and the Buyer is the Controller.
Role Responsibility (Hybrid Model)
| Product Type | Data Controller | Data Processor | Technical Manager |
| --- | --- | --- | --- |
| Own Product | Summya | Summya | Summya |
| Third Party Product | Buyer | Summya and Seller | Seller |
Own Product
Summya acts as a sole controller.
Decides purposes and means of treatment.
Implement all security measures and ARCO+ rights
Third Party Product
Buyer is the Controller: Determines why the data is processed.
Summya and Seller are joint Processors: They process the data on behalf of the Buyer.
Summya makes available to users a pre-approved 'Model Data Processing Agreement (DPA)'. This agreement defines the specific obligations between Buyer (Controller) and Seller (Processor) to ensure compliance with applicable data protection regulations. It is the responsibility of the parties to formalize said DPA through the Platform before initiating the processing of the End Client's personal data. Seller agrees to defend, indemnify and hold harmless Summya against any claim, penalty or damage arising from a security breach, misuse of personal data or regulatory non-compliance attributable to Seller's product.
ARCO+ Rights of the Holders
Data owners (Users, Buyers, End Clients) have the right to:
| Law | Procedure | Response Time |
| --- | --- | --- |
| Access | Form in /en/contacto or email to dpo@summya.com | 15 business days (Colombia), 30 days (RGPD/LGPD) |
| Rectification | Same as access | Same term |
| Cancellation | Formal application with identification | 15 days (Colombia), 30 days (RGPD/LGPD) |
| Opposition | Specific form to revoke consent | 15 days |
| Portability | Downloading data in structured format (JSON, CSV) | 30 days |
| Limitation of Treatment | Requests during disputes or correction | Immediate |
| Oblivion (Deleted) | After account or request cancellation | • business days |
Automated Decisions and Transparency in AI
Transparency
Summya informs when automated decisions that affect the User are made, such as:
Account suspension for fraud.
Product recommendation.
Dynamic price adjustment.
Explainability
The User may request a non-technical explanation of the automated process.
Summya will provide justification in clear language.
Validity of the Technical Specifications
The User acknowledges and accepts that the capabilities, limitations, levels of acceptable bias and performance metrics of the AI Agents are detailed in the 'AI Fact Sheet' available in the product sheet. Summya will periodically update these Fact Sheets to reflect improvements in the models. The User accepts that the 'AI Fact Sheet' in force at the time of the consultation is the binding document that defines the scope of the Agent's operating promises.
Right to Human Intervention
If an automated decision has a legal or significant impact, the User may request review by a human representative.
International Data Transfers
Conditions for Transfers
Allowed only if:
The destination country has an adequate level of protection (EU, Canada, etc.).
Standard Contractual Clauses (SCCs) are implemented.
Processing Agreement (DPA) is signed.
Service Providers
Summya can transfer data to:
Cloud providers (AWS, Google Cloud).
Payment gateways (Stripe, PayPal, dlocal).
Technical support providers.
Everyone must comply with confidentiality and security clauses.
Locks
No data is transferred to jurisdictions without adequate protection (according to the EU) without express consent.
Information Security
Technical Measures
Data encryption in transit (TLS 1.3) and at rest (AES-256).
Multi-factor authentication (MFA) for administrative access.
Real-time monitoring of access and activity (SIEM).
Weekly security audits.
Organizational Measures
Role-based access policies (RBAC).
Mandatory annual data protection training
Documented and tested incident response plan.
Security Incident Management
Response Protocol
Detection: Automatic or by User report.
Containment: Isolate affected systems.
Evaluation: Determine scope and type of compromised data.
Notification:
To affected users: in < 72 hours if there is a high risk (RGPD).
To authorities: in < 72 hours (SIC, ANPD, etc.).
Remediation and Prevention.
Incident Log
All incidents are documented in a log book accessible to the DPO and external audits.
Continued use of the Platform constitutes acceptance.
Notice to California Residents (CCPA/CPRA): Summya does not sell your personal information for monetary value. However, under the CPRA's definition of 'sharing', the use of certain analytics or advertising tools may be considered 'sharing'. You have the right to opt-out of the sale or sharing of your personal information. To exercise this right, visit /en/contacto.
Data Transparency in AI Agents: Summya informs that: (i) no AI Agent of its own uses the personal data of its clients to train models without their prior consent; (ii) data collected by Third Party Agents is the sole responsibility of the Seller; (iii) Summya only has access to the technical metadata (call type, timestamp) and not to the sensitive content of the messages, unless strictly necessary for technical support under your request.
10. ARTIFICIAL INTELLIGENCE AND AUTOMATED DECISIONS
Transparency in the Use of AI
Summya uses artificial intelligence in multiple layers of the Platform. This section applies to:
Own Products: AI Agents developed and operated by Summya.
Third Party Products: Listed on the Platform whose algorithms may affect Buyers or end Customers.
Internal System of the Platform: Recommendations, moderation, fraud detection.
Mandatory Notification
The user is clearly informed when:
An AI agent is assisting you (e.g. chatbot).
An automated decision affects you (account suspension, payment rejection).
This notification is visible, opposable and accessible.
Governance of AI Models
Model Registry
Summya maintains an internal record of all AI models, including:
Model name and version.
Purpose and functionality.
Training dataset (source, size, characteristics).
Deployment and update date.
Technical manager (Data Scientist or ML Engineer).
Technical Documentation (AI Fact Sheets)
Each model must be accompanied by documentation that includes:
Design hypothesis.
Performance metrics (precision, recall, bias).
Use restrictions.
Training and validation process.
Bias and Equity Mitigation
Bias Assessment
All AI models go through a pre-deployment evaluation to detect biases in:
Gender.
Race.
Age.
Geographic location.
Economic sector.
Equity Metrics
Indicators such as:
False positive/negative rate by group.
Statistical parity.
Equal opportunity.
If bias > 15% is detected between groups, the model is retrained.
Model Adjustment
Correction techniques are applied such as:
Data re-weighting.
Regularization for equity.
Post-processing of results.
Explainability and Auditability
Levels of Explainability
Summya classifies the models according to their impact:
| Level | Impact | Requirements |
| --- | --- | --- |
| High | Affects access to products, payments or reputation | Detailed explanation + human intervention |
| Medium | Affects recommendations or prices | General explanation in simple language |
| Low | Does not affect critical decisions | Technical documentation available |
Explanation Methods
LIME (Local Interpretable Model-agnostic Explanations): For complex models.
SHAP (SHapley Additive exPlanations): To attribute importance to characteristics.
If-then rules: For simple decision models.
All explanations are offered in non-technical language.
Right to Explanation
The user can request an explanation about:
Why a product was recommended to you.
Why your account was suspended.
Why the price of a service changed.
Resolution in 5 business days.
Human Supervision and Right of Appeal
Mandatory Human Intervention
In high impact decisions, such as:
Permanent account deletion.
Denial of access to critical services.
Massive changes in product ranking.
Review and approval by a human manager is required.
Appeal Process
The user submits an appeal using a form.
An AI ethics committee (CEO, CTO, DPO, external representative) evaluates the case.
Responds within 10 business days with:
Confirmation of decision.
Modification of result.
Model retraining.
AI audits
Internal Audits
Carried out quarterly by the Data Governance team.
They include:
Bias review.
Validity of training data.
Policy compliance.
External Audits
Annual, by firms specialized in AI auditing (e.g. PwC, Deloitte, specialized LATAM firms).
Results published in a summarized version (without revealing trade secrets).
Findings are shared with the Advisory Board.
Training with User Data
Prohibition of Use for Training
No data from Buyers or their End Customers is used to train, retrain or tune AI models without explicit consent.
Opt-in Consent
The user must check a non-default box to authorize:
"Do you want your anonymous data to help improve Summya's AI?"
You can revoke this consent at any time.
Anonymized Data
If data is used for training, the following applies:
K-anonymity (k ≥ 100).
L-diversity.
Differential difference.
Identifiable personal data is never used.
Express Prohibitions
It is strictly prohibited to develop, list or use AI agents that:
They lie or deceive: Simulating being human without revelation.
Emotionally manipulative: Designed to cause anxiety, fear or.
They directly discriminate: By race, gender, religion, sexual orientation.
Violate privacy: Recording or analysis without consent.
Automate decisions in justice, credit or employment without human supervision
User Education
Informative Notifications
When using an AI agent, a prompt is displayed:
"This is an artificial intelligence assistant. Its answers may contain errors."
Resource Center
Educational section on the Platform that explains:
What is generative AI.
Common risks (hallucinations, biases).
How to use it ethically.
Update of These Terms
These T&Cs will be updated to reflect changes to AI regulation:
These T&Cs will be updated periodically to reflect the evolution of the global AI regulatory framework, including regulations in force or in the adoption stage in the jurisdictions where Summya operates (e.g. AI Laws, SIC Guides in Colombia, draft laws in Mexico and Brazil). Summya is committed to adjusting its policies to maintain compliance with the highest AI ethics and governance standards on the market.
You will be notified 30 days in advance.
11. RISK CLASSIFICATION OF AI AGENTS AND GOVERNANCE OBLIGATIONS
Risk classification of AI Agents
The Parties recognize that certain processing of personal data through AI agents and automation flows may generate high risks for the rights and freedoms of data subjects, especially when they involve profiling, automated decisions with significant effects or use in regulated sectors.
For the purposes of this Agreement, each agent or automation flow that processes personal data will be classified by the Seller, subject to review by Summya, into one of the following risk levels:
Low Risk: processing limited to contact data and basic use, without automated decisions with legal effects or significant impact on individuals, and without special categories of data or data on minors.
Medium Risk: treatment that includes commercial or behavioral profiling (e.g. lead scoring, advanced segmentation) that can influence business decisions, without constituting in itself an automated decision with legal effects, and without primary use in highly regulated sectors.
High Risk: processing that, by its nature, scope, context or purposes, is likely to generate high risk to the rights and freedoms of individuals, including systematic profiling and automated decisions with legal effects or significant impact, use in regulated sectors (e.g. credit, employment, health, education) or processing of special categories of data on a large scale.
Risk Obligations of the Seller
The Seller undertakes to:
Identify the level of risk applicable to each agent or flow before registering on the Platform, using the criteria described in clause 12.1 and in the current Summya policies.
Provide Summya with sufficient documentation for the risk assessment, including an AI Fact Sheet that describes: data categories, purposes, general model logic, performance metrics, training data sources, governance measures, known biases and limitations.
Carry out, when the processing is “probably high risk” for the rights and freedoms of the data subjects in accordance with the applicable regulations (e.g. GDPR, LGPD), a Data Protection Impact Assessment (DPIA) before the deployment of the agent, and make available to Summya an executive summary of said DPIA, without prejudice to the confidentiality of sensitive technical details.
Implement technical and organizational measures proportional to the level of risk, including human supervision mechanisms, access controls, event registration (logging), continuous monitoring and incident management procedures in accordance with the criticality of the agent.
The Seller declares that no agent classified as High Risk will be put into production or offered on the Platform without having completed the evaluations and measures required in this section, and without meeting the specific requirements that the applicable regulations establish for high risk systems (e.g. obligations of the supplier/deployer under the EU AI Act).
Summya's risk obligations
Summya, in its capacity as Marketplace Operator and, where applicable, Joint Processor, undertakes to:
Review the initial risk classification provided by the Seller and may reclassify an agent when there are reasonable indications that the declared level does not adequately reflect the risks of the treatment.
Establish and maintain an updated internal registry of AI agents that process personal data, including risk level, responsible parties involved, impacted jurisdictions and applicable governance measures.
Condition the publication or maintenance of agents classified as High Risk on demonstrable compliance with the requirements of DPIA, reinforced governance and transparency, in accordance with Summya's internal AI and data protection policies and applicable regulations.
Suspend or unpublish, temporarily or permanently, agents who:
Are reclassified as High Risk without having sufficient measures.
They fall into unacceptable risk categories according to applicable legislation (e.g. generalized social scoring practices or covert manipulation of behavior).
Obligations of the Buyer as Controller
The Buyer, in its capacity as Data Controller when using AI agents to process data of its end customers, acknowledges and accepts that:
It is responsible for evaluating, based on its specific context, whether the use of an agent classified as Medium Risk or High Risk requires carrying out a DPIA under the regulations that apply to it, and for implementing additional internal mitigation measures (use policies, human supervision, training, claims management).
It will not use AI agents classified as High Risk for purposes other than those described in its documentation, nor for automated decisions that generate legal effects or significant impact on owners without having adequate legal bases, human review mechanisms and transparency vis-à-vis the owners.
It will inform its own data owners, in its privacy policies and relevant notices, about the use of AI agents, the type of decisions or recommendations they generate and the existence of automated processes, to the extent required by applicable regulations.
Cooperation and transparency
The Parties will cooperate in good faith to:
Respond to requests from data protection authorities and other regulators in relation to AI agents that pose Medium or High Risk.
Update the risk classification when the context of use, the nature of the data, the scale of treatment or the applicable regulatory framework change.
Periodically review and improve AI governance and data protection measures associated with each risk level, taking into account international guides, standards and best practices.
Nothing in this section limits the general obligations of each Party as a Controller or Processor under applicable data protection legislation, but rather complements them with specific rules aimed at risk management in the context of AI agents and automations.
12. CONTENT MODERATION AND PROHIBITED CONDUCT
Prohibited Content and Behavior
It is strictly prohibited to post, distribute or use any content that:
Violate the Law
Promotes or facilitates illegal activities:
Money laundering.
Tax evasion.
Human or drug trafficking.
Terrorist activities or incitement to hatred.
Threat Security
Contains malware, spyware, ransomware or malicious code.
Look to exploit security vulnerabilities.
Perform denial of service (DDoS) attacks.
Harm Third Parties
Infringes intellectual property rights (trademark, patent, copyright).
Includes defamation, harassment, blackmail or threats.
Use personal data without authorization (doxxing).
Deception or Fraud
Promote scams, financial pyramids or Ponzi schemes.
Offer products without intention to deliver (scam).
Falsifies the identity of a Seller or Buyer.
Specific Policies for AI Agents
Disclosure of AI Use
Any AI agent that interacts with end users (SME customers) must report that it is an artificial intelligence assistant, not a human.
Required example:
"This is a virtual assistant. Its responses may not always be accurate."
Prohibition of "Deepfakes" and Impersonation
It is prohibited to create or use agents that:
Generate fake videos, images or audio of real people (deepfakes).
Imitate the voice or appearance of celebrities, politicians or family members.
Simulate intimate conversations without consent.
Behavioral and Emotional Manipulation
It is not allowed to develop agents designed to:
Induce anxiety, fear or compulsion.
Take advantage of psychological vulnerabilities.
"Play" with the mental health of the end user.
Automated Discriminatory Bias
The use of algorithms that:
Deny access to services based on race, gender, age or location.
Apply dynamic prices based on socioeconomic profile without technical justification.
They automate decisions in credit, employment or housing without human supervision
Prohibitions for Sellers
List of Third Party Content
It is not allowed to publish AI agents that:
They are not owned or authored by the Seller.
They do not have a valid license for distribution.
Copy essential functionalities of Summya's own Products without substantial differentiation.
Spam and Deception in Rankings
Prohibited:
Create multiple accounts to positively rate your products.
Buy fake reviews.
Use bots to generate artificial traffic.
Nonexistent Technical Support
Every Seller must offer verifiable technical support.
If you do not respond to queries in > 72 hours for 3 times, the product is suspended.
Buyer Prohibitions
Unauthorized Commercial Use
It is not allowed to use Third Party Products to:
Resell services as if they were your own.
Include them in packages without explicit authorization from the Seller.
Automation of Illegal Activities
Do not use AI agents to:
Mass scraping of websites without permission.
Generate fake content for social networks (opinion bots).
Reviews all cases with more than 3 appeals per year, composed of:
1 Summya representative (CEO or CTO).
1 member of the Advisory Board.
1 external expert in AI ethics.
Response Time
All appeals are resolved within 10 business days.
The decision is notified by mail with reasons.
Compliance with Platform Regulations
Summya is committed to complying with:
EU Digital Services Act (DSA): As an online platform, it implements:
Quick action and notification system.
Transparency in recommendation algorithms
Protection of Sellers' rights.
Law 1581/2012 and Circular 2/2024 (Colombia): Complies with:
Notification of data processing.
Respect for ARCO+ rights
Supervision of automated decisions.
Brazilian Data Protection Law (LGPD): Applies to Brazilian Sellers and Buyers.
Ownership of Buyer Data and Inputs
Any material, data, trademark, logo or information uploaded by the Buyer for customization or use by an Agent (Summya or Third Party) remains the exclusive property of the Buyer. The Seller of a Third Party Product acknowledges that it does not acquire any ownership rights over the inputs charged by the Buyer and undertakes to use them exclusively for the provision of the contracted service.
Notification and Takedown Procedure (Safe Harbor)
Summya acts as an intermediary. In the event of any IP claim, Summya will follow a notice-and-takedown procedure in compliance with applicable regulations (e.g. DSA/DMCA). Upon receipt of a valid complaint, Summya will temporarily suspend the content while the dispute is resolved, without this implying liability on the part of Summya for the infringing content.
13. DISPUTE RESOLUTION
Scope of Application
These dispute resolution provisions will apply to the maximum extent permitted by applicable consumer protection laws. In those countries where current laws prohibit the exclusion of judicial jurisdiction for consumers, they will have the right to go to the competent administrative or judicial authorities, without prejudice to our invitation to first use the Internal Conciliation mechanism.
Summya applies a tiered and progressive system to resolve disputes, designed to be agile, fair and cost-efficient. It applies to all conflicts arising from the use of the Platform, own or third-party products.
| Mechanism | Application | Cost | Maximum Time |
| --- | --- | --- | --- |
| Internal Conciliation | All cases | $0 | 7 days |
| Dispute Resolution Court (TRDI) | Amount < USD $100,000 | Moderate | 15 days |
| International Arbitration | Amount ≥ USD $100,000 or serious violations | High | 90 days |
Internal Reconciliation (Step 1)
Scope
Applies to all disputes, regardless of the amount.
Prerequisite to access TRDI or arbitration.
Process
The user submits the dispute using [dispute resolution form].
Summya assigns a neutral conciliator (designated employee).
The conciliator contacts both parties and proposes a solution.
If accepted, a binding conciliation agreement is signed.
Time and Effect
Resolution in 7 business days.
If not resolved, escalation to TRDI is allowed.
Dispute Resolution Tribunal (TRDI) - Step 2
The TRDI is established as a mandatory extrajudicial mediation mechanism prior to any litigation. The decision of the TRDI will be binding on the parties, unless, within a period of 10 days after notification, one of the parties expresses its willingness to submit the controversy to the competent judicial or arbitral jurisdiction.
Disputes with amounts less than USD $100,000.
Examples:
Refused refunds.
Non-compliant product quality.
Failure to comply with technical support.
Account suspension.
Composition
The TRDI is made up of:
Summya representative (Legal Director or CCO).
Representative of the affected User (it may be himself or his representative).
Neutral Third Party: Designated by mutual agreement between the parties from a public list of arbitrators or certified technology/AI experts from the Chamber of Commerce corresponding to the User's country. In the absence of agreement, he will be appointed by the Summya Advisory Board, ensuring his total independence and lack of conflict of interest.
Procedure
One of the parties submits a formal request.
The neutral third party calls a hearing within 48 hours.
Evidence is reviewed (emails, screenshots, logs, contracts).
The TRDI issues a decision in 15 business days.
Effect of the Decision
Binding for both parties. The resolution issued by the TRDI will have the character of a conciliatory agreement with res judicata effects, and the parties undertake to elevate it to a public deed or private document with signature recognition if necessary for its forced execution.
You can order:
Full or partial refund.
Account reactivation.
Product change.
Economic compensation.
International Arbitration (Step 3)
Competition
Disputes with amounts equal to or greater than USD $100,000.
Lawsuits for:
Violate the IP Agreement.
Serious reputational damage.
Massive contractual breach.
Litigation with investors.
Administration
Arbitration administered by the International Chamber of Commerce (ICC) / International Court of Arbitration.
Based on their 2021 Arbitration Rules.
Arbitration Headquarters
London, United Kingdom (due to neutrality and solidity of the legal system).
Language: English.
Number of Referees
An arbitrator: If the amount is < USD $500,000.
Three arbitrators: If the amount is ≥ USD $500,000.
Effect of the Sentence
Definitive and executive in all signatory countries of the New York Convention.
No appeal is allowed.
Specific Disputes by Product Type
| Dispute Type | Main Mechanism | Observation |
| --- | --- | --- |
| Own Product | TRDI | Summya assumes direct responsibility |
| Third Party Product | TRDI | Responsible seller; Summya facilitator |
| Payment Fraud | Immediate TRDI (7 days) | Without prior conciliation |
| IP Violation by Seller | International Arbitration | For damage on a larger scale |
| Account Suspension for Moderation | Internal appeal → TRDI | Right to prior defense |
Costs and Expenses
| Mechanism | Coasts |
| --- | --- |
| Internal Conciliation | Covers by Summya |
| TRDI | Parties share costs of neutral third party |
| Arbitration | Each party pays its costs; referee decides final assignment |
Force Majeure and Non-Compliance
Force Majeure
It is not considered non-compliance if the impossibility of execution comes from:
Natural disasters.
war or armed conflicts.
Massive cyber attacks.
Abrupt regulatory changes.
Non-compliance with Sentence
The party that fails to comply with a TRDI decision or arbitration ruling:
It can be reported to international blacklists (such as ScamAdviser).
You will lose access to the Platform.
It may be sued in court (as a last resort).
Applicable Law and Jurisdiction
Applicable law: Colombian Laws for the Platform and daily relations.
Jurisdiction: The dispute system described here is exclusive and replaces any judicial avenue.
Exception: Judicial route only if the arbitration decision is not enforceable or fundamental rights are violated.
14. LIMITATION OF LIABILITY AND WARRANTIES
Exclusion of Guarantees
SUMMYA PROVIDES THE PLATFORM AND ITS SERVICES "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:
UNINTERRUPTED OR ERROR-FREE AVAILABILITY.
OPERATION FREE OF VIRUSES OR HARMFUL COMPONENTS.
SPECIFIC RESULTS FROM THE USE OF AI AGENTS OR AUTOMATION FLOWS.
ACCURACY OF AUTOMATED RECOMMENDATIONS OR DECISIONS.
COMPLIANCE WITH SPECIFIC USER NEEDS.
THE FOREGOING WARRANTIES APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability by Product Type
OWN PRODUCTS (FIRST-PARTY)
| Appearance | Summya Responsibility |
| --- | --- |
| Functionality | ASSUME RESPONSIBILITY FOR OPERATION ACCORDING TO TECHNICAL SPECIFICATIONS. |
| Technical Support | GUARANTEED 24/7; NON-COMPLIANCE JUSTIFIES REFUND. |
| Direct Damage | LIABILITY PROPORTIONAL TO THE VALUE OF THE SERVICE. |
| Indirect Damages | NOT APPLICABLE |
| Consequential Damages | NOT APPLICABLE |
THIRD-PARTY PRODUCTS (THIRD-PARTY)
| Appearance | Summya Responsibility |
| --- | --- |
| Functionality | DOES NOT ASSUME RESPONSIBILITY. THE SELLER IS RESPONSIBLE. |
| Technical Support | DOES NOT ASSUME RESPONSIBILITY. THE SELLER MUST MEET ITS SLA. |
| Inappropriate Content | LIMITED: REMOVAL FROM LISTING UPON NOTICE. |
| Fraud or Scam | NO RESPONSIBILITY IF THERE WAS INITIAL KYBC VERIFICATION. |
| IP or Data Breach | NO LIABILITY, UNLESS GROSS NEGLIGENCE OF SUMMYA IS PROVEN. |
Exclusion of Liability for Damages
SUMMYA WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY OF THE FOLLOWING DAMAGES:
| Damage Type | Does it apply to Summya? | Justification |
| --- | --- | --- |
| Direct Damage | ONLY IN OWN PRODUCTS AND FOR VALUE OF THE SERVICE | Reasonable limitation |
| Indirect Damages | NOT | i.e. wasted time, wrong business decisions |
| Consequential Damages | NOT | Ex. loss of customers, reputation |
| Special or Incidental Damages | NOT | Ex. system failure due to user error |
| Loss of Profits or Income | NOT | Even if they are predictable |
| Data Loss | NOT | Except for proven gross negligence |
| Damage to Brand or Reputation | NOT | For improper use of third-party products |
Maximum Limit of Liability
Summya's total accumulated liability to any user, arising from any cause or set of causes, will not exceed the total amount of commissions paid by such user to Summya in the last 12 months.
Example: If a Buyer paid USD $1,200 in annual commissions, the compensation limit is USD $1,200.
Exception: Does not apply in cases of:
Dolo.
Serious negligence.
Intentionally violate data protection laws
Force Majeure and Uncontrollable Events
Summya will not be liable for failure or delay in the performance of its obligations arising from events beyond its reasonable control, including:
Natural disasters: Earthquakes, floods, fires.
Political or social events: war, armed conflicts or strikes.
Third party failures: Fall of AWS services, Google Cloud, payment gateways.
Abrupt regulatory changes that make the service impossible.
Legal Notice – Triple "T" Test
We comply with the legal transparency standard for limitation clauses:
| Element | Compliant |
| --- | --- |
| Readable text | Yes (Arial, 11 pt) |
| Featured Font | Yes (bold or underlined) |
| Visible location | Yes (dedicated section, not at the end of the document) |
Survival Clause
This limitation of liability and warranties section will remain valid even after the termination of the user's account or the resolution of disputes, in relation to activities that occurred during the term of the relationship.
Limitation by Generative Outputs
The User acknowledges that AI Agents may generate inaccurate, incomplete information or 'hallucinations' (technically plausible but incorrect results). Summya does not guarantee the accuracy, veracity or suitability of the results generated by the Agents. The User is solely responsible for human verification of any content or business decisions made based on such results, and exonerates Summya from any liability for loss or damage arising from any reliance placed on such outputs. Given the probabilistic nature of AI models, Summya does not guarantee the absolute veracity of 100% of the results. The User accepts that he or she is solely responsible for human validation of the outputs generated before their implementation in critical processes.
15. TERMINATION AND SUSPENSION OF ACCOUNTS
Grounds for Termination by Summya
Summya may permanently terminate a user's account if any of the following causes occur:
| Causal | Applies to |
| --- | --- |
| Proven fraud (false payments, duplicate accounts, phishing) | Buyer, Seller |
| List of illegal content (malware, piracy, child pornography) | Seller |
| Use of the Platform for illicit activities | Buyer, Seller |
| Serious or repeated violation of these T&C | All |
| Failure to pay commissions for more than 90 days | Seller |
| Unfair competition (copy Summya products without innovation) | Seller |
| Notification of competent authority (SIC, ANPD, etc.) | All |
Reasons for Temporary Suspension
Summya may temporarily suspend an account or product while it investigates a possible violation:
| Causal | Maximum Duration | Review |
| --- | --- | --- |
| IP Infringement Report | 15 days | By legal team |
| Suspected fraud or misuse | 7 days | For Platform security |
| Technical non-compliance (security, performance) | 7 days | By technical team |
| Questioned content (moderation) | 15 days | By moderation committee |
During the suspension, the user cannot access the Platform or its services.
The product is hidden from the catalog.
The Seller does not receive payments.
Grounds for Termination by the User
The user can close their account at any time from their profile, provided that:
Do not have open disputes.
Do not have active subscriptions without canceling.
Do not owe outstanding balances to Summya.
Cancellation Process
Go to Settings > Account > Close account.
Confirm with multi-factor authentication.
Receive confirmation by email.
Effect of Cancellation
Access removed within 24 hours.
Personal data is retained for 5 years to comply with legal obligations (Law 1581).
Commissions already paid are not refunded.
Termination Process by Summya
Notification
Summya will notify the user by:
Email to the registered address.
Message in the account panel.
The notification will include:
Ground for termination.
Effective date.
Right to appeal (if applicable).
Grace Period (for minor violations)
If the cause is correctable (e.g. technical non-compliance), a period of 30 days is granted to correct it.
At the end, if it is not corrected, the final termination is carried out.
Consequences of Termination or Suspension
| Consequence | Terminated Account | Suspended Account |
| --- | --- | --- |
| Access to the Platform | Lost | Temporary |
| Access to purchased products | Lost | Temporary |
| Product Listing (Seller) | Deleted | Hidden |
| Receiving payments (Seller) | Blocked | Held |
| Personal data | Retained for 5 years | Accessible to authorized personnel |
| Reputation on the Platform | Marked as "Suspended/Terminated" | Temporary status visible only to the user |
| Possibility of reactivation | No (new account with enhanced verification) | Yes, after resolving the cause |
Withholding of Pending Funds
In the event of termination or suspension, outstanding funds (commissions not paid to Seller) are withheld until:
| Reason for Withholding | Maximum Time | Condition for Release |
| --- | --- | --- |
| Open payment dispute | Until final resolution | TRDI decision or arbitration |
| Fraud investigation | 15 days | Illegal activity not confirmed |
| IP Infringement Complaint | 30 days | Withdrawal of the complaint or judicial decision |
| Refund pending | 15 days | Confirmation of payment to the Buyer |
Account Reactivation (Only for Suspension)
The user may request the reactivation of their suspended account by sending evidence of the correction of the cause to support@summya.com. Summya will evaluate the request within a maximum period of five (5) business days. Reactivation will be appropriate only if: 1. The original cause that gave rise to the suspension has been satisfactorily corrected. 2. The user does not have a history of serious or repeated violations of these T&Cs. 3. Reactivation does not pose a risk to the security, reputation or integrity of other users or the Platform.
Data Continuity
In the event of suspension or definitive termination of a Seller for reasons not attributable to serious fraud, Summya will provide the Buyer with a period of thirty (30) calendar days to download or export their data history, configured prompts and active configurations, as long as it is technically feasible under the current standards and capabilities of the Platform.
Survival of Clauses
After the termination of the account, the following clauses will remain in force:
Intellectual Property
Limitation of Liability
Dispute Resolution
Confidentiality
Data Governance and AI Ethics
Jurisdiction and Applicable Law
16. MODIFICATIONS TO THE T&C
Right to Modify
Summya reserves the right to modify, update or replace these Terms and Conditions of Use at any time, in whole or in part, to:
Adapt to legal, regulatory or technological changes.
Reflect improvements in the Platform or new services.
Adjust internal or security policies.
Comply with AI, data protection or e-commerce regulations in Colombia, LATAM, EU or US.
Types of Modifications
The modifications are classified according to their impact:
| Type | Description | Notification Required | Acceptance Required |
| --- | --- | --- | --- |
| Mild | Editorial changes, bug fixes, cosmetic improvements | Non-prioritized email | Continued use = acceptance |
| Medium | Changes in payment, privacy or refund policies | Priority email + notice on Platform | Continued use = acceptance |
| Significant | Changes in limitation of liability, arbitration, IP rights | Advance notification + access to previous version | Explicit acceptance or account closure |
Notification Process
Notice Methods
Summya will notify changes by:
Email to the registered address.
Featured notice on the Platform (banners, pop-ups).
Posting to the blog or help center (for minor changes).
Anticipation Time
Minor changes: Immediate notification (no grace period).
Medium changes: Minimum 15 days in advance.
Significant changes: Minimum 30 days in advance.
Access to Previous Version
The previous version of the T&C is archived and will be available upon request to legal@summya.com or at /en/legal/terminos.
Acceptance of Changes
Tacit Acceptance
Continued use of the Platform following notification of changes constitutes full and conscious acceptance of the new terms.
Explicit Acceptance (for significant changes)
For modifications in:
Limitation of liability
Arbitration clauses.
Intellectual property rights.
Privacy Policy.
The user must click on "Accept new T&C" to continue using the Platform.
Right to Terminate Account
If the user does not accept the significant changes, they can:
Close your account without penalty.
Request data deletion (according to Privacy Policy).
Continue using services until the end of the subscription period.
Registration of Versions and Effective Dates
Version Control
Each version of the T&C will have:
Version number (v1.0, v1.1, v2.0, etc.).
Date of entry into force.
Summary of changes (for medium and significant modifications).
Public Access
The current version will always be available at: /en/legal/terminos
Effective Date
The new T&Cs come into force from the date indicated in the notification.
Changes do not apply retroactively to pre-existing relationships.
Modifications due to Regulatory Changes
In case of changes required by law (e.g. new AI law in Colombia, GDPR update), Summya may:
Implement changes immediately.
Notify without the 15/30 day period, but with an explanation of why.
Justify the urgency in communication.
No Waiver of Rights
Summya's failure to immediately exercise or enforce any right under these T&C does not constitute a waiver of such right.
Summya may exercise the right at any time later.
17. APPLICABLE LAW AND JURISDICTION
Safeguard Clause for the USA
Nothing herein excludes unwaivable rights of consumer protection or privacy under United States state laws (such as California's CCPA/CPRA) to the extent they are mandatory and applicable to the user, without prejudice to the choice of Colombian law for the remainder of the agreement.
These Terms and Conditions, as well as any relationship arising from the use of the Platform, will be governed and construed in accordance with the laws of the Republic of Colombia, without regard to its conflict of law provisions. Notwithstanding the above, in those cases where the User holds the status of final consumer, the mandatory consumer protection regulations of the User's country of residence will prevail, in everything that is most favorable for the latter.
Main reason: Summya is a company incorporated and with its main domicile in Colombia.
Applies to all aspects of the relationship, including:
Hiring.
Compliance with obligations.
Interpretation of clauses.
Resolution of disputes prior to arbitration.
Exclusion from Vienna Convention (CISG)
The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), regardless of the nationality of the users or their location.
Jurisdiction for Disputes
Despite applicable law, dispute resolution follows the tiered procedure defined in Section 13, which takes precedence over any judicial avenue:
Resolution Hierarchy
Internal Reconciliation → 7 business days
Dispute Resolution Tribunal (TRDI) → 15 business days (amounts < USD $500,000)
International Arbitration (ICC) → 90 business days (amounts ≥ USD $500,000)
Resignation to Judicial Via
The parties agree that they will not resort to ordinary judicial courts while the phased process is active.
Judicial proceedings only apply if:
The arbitration decision is not enforceable.
Fundamental rights not covered by arbitration are violated.
One of the parties fails to comply with an arbitration ruling.
Specific provisions for Users in the USA
For users residing in the United States, this arbitration agreement is governed by the Federal Arbitration Act (FAA). The parties agree that any dispute will be resolved individually and expressly waive any right to participate in class action or representative proceedings (Class Action Waiver).
Waiver of Jury Trial and Class Action
Trial by Jury
The parties expressly waive their right to a jury trial, to the extent permitted by law.
Collective Action (Class Action)
The user may not initiate, participate in or be a member of a class action lawsuit against Summya arising from the use of the Platform.
Each dispute will be resolved individually, according to the staggered procedure.
Survival Clause
This applicable law and jurisdiction clause will survive indefinitely after termination of the account or contractual relationship, in relation to any dispute arising from your prior use of the Platform.
18. GENERAL PROVISIONS
Independence of Clauses
If any provision of these T&C is deemed invalid, void or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions.
The inapplicable clause will be modified to the minimum extent necessary to make it valid and enforceable.
All other clauses will continue to have full effect.
No Waiver of Rights
Summya's failure to immediately exercise or enforce any right or remedy under these T&C does not constitute a waiver of such right.
Summya may exercise the right at any time later.
A resignation will only be valid if it is made in writing and signed by the legal representative of Summya.
Transfer of Rights
By Summya
Summya may assign, transfer or delegate these T&Cs, in whole or in part, at any time, without the need for user consent.
This includes assigning rights in the event of:
Merger, acquisition or corporate restructuring.
Transfer of assets.
Change of share control.
The assignment does not affect the user's rights under these T&C.
By the User
The user may not assign, transfer or sublicense its rights or obligations under these T&C without the prior written consent of Summya.
Any attempted unauthorized transfer will be null and void.
Communications and Notices
To Summya
Any notification or communication regarding these T&Cs will be sent to:
Notifications will be effective at the time of shipment (if by email) or the day after physical shipment.
To Users
Summya will send notices through:
Email to the registered address.
Messages on the Platform (user panel).
Push Notifications (if the user has enabled them).
The user agrees to keep their contact information updated.
Complete Agreement
These Terms and Conditions, together with the Privacy Policy, the Intellectual Property Agreement, the Data Processing Agreement (DPA) (if applicable) and any incorporated policies, constitute the entire agreement between the user and Summya in relation to the use of the Platform.
This agreement supersedes and replaces any other prior agreement, communication or understanding, whether oral or written.
There are no representations, warranties or conditions not expressly included herein.
Divisibility
If any provision is declared illegal or unenforceable by any competent authority, such provision will be construed to have the maximum effect permitted by law, and the other provisions will remain in full force and effect.
Title of Sections
The section titles are included for convenience only and do not limit or affect the interpretation of these T&C.
Contact
For any questions, clarifications or claims related to these T&Cs, please contact us through: