Terms and Conditions of Use and Service

Digital Consulting Plus (“DCP”) is a commercial brand utilized by Digital Consulting Plus SAS, a company organized under the laws of the Republic of Colombia, and Digital Consulting Plus LLC, a limited liability company organized under the laws of the State of Florida, United States.

The specific legal entity responsible for a contractual engagement is designated in the proposal, service order, subscription agreement, invoice, Statement of Work (SOW), or master contract applicable to the client.

These Terms and Conditions govern, as applicable:

• access and use of the digitalconsultingplus.com website and associated digital routes;
• submission of lead inquiries, commercial requests, and digital communications;
• contracting of consulting, development, engineering, automation, integration, cloud infrastructure, and technical support services;
• licensing or use of proprietary platforms and software products developed by DCP;
• commercial relationships that expressly incorporate these Terms by reference.

DCP primarily provides professional B2B technology services directed to enterprises, organizations, independent professionals, and commercial businesses. Core practice areas include:

• Software & Business Applications;
• Automation + Artificial Intelligence + n8n;
• ERP, CRM, Cloud & Systems Integration;
• Web & E-commerce Architecture;
• Plus Smarty — AI Content & Digital Media;
• technology consulting, software engineering, and technical advisory structured under the DCP Flow methodology;
• managed operations, technical support, and recurring maintenance;
• proprietary software solutions, including Rewi and MicroPOS;
• other bespoke technology engagements agreed upon in writing.

Availability, technical scope, pricing, and specific parameters of each service or product are defined in the corresponding proposal, service order, subscription, contract, or Statement of Work.

Where an executed master services agreement, formal proposal, SOW, service order, accepted quote, or subscription agreement exists between the parties, that specific document takes precedence over these Terms regarding any matter expressly governed therein.

In the absence of a specific contractual provision, these Terms apply supplementary and govern the relationship.

DCP commercial proposals may specify: project scope, key deliverables, technical assumptions, explicit exclusions, delivery milestones, pricing, payment schedules, client dependencies, support tiers, and acceptance criteria.

Any requirement exceeding the approved scope will be treated as a change request, additional phase, or separate engagement, requiring mutual written agreement on timeline and budget adjustments.

DCP is not obligated to execute activities outside the active scope without formal acceptance by both parties.

The client agrees to:

• provide accurate, sufficient, updated, and timely information required for delivery;
• designate authorized stakeholders for project governance, decisions, and approvals;
• provision access credentials, APIs, or technical environments in a secure manner;
• secure all third-party software licenses, permits, and permissions within its purview;
• review deliverables and submit feedback within mutually agreed timeframes;
• utilize contracted services in compliance with applicable laws, contracts, and policies;
• refrain from using delivered software for unlawful, fraudulent, or infringing activities.

Delays resulting from outstanding client dependencies may impact project schedules and milestone delivery dates.

Where a project includes milestones subject to formal sign-off, specific acceptance procedures may be set out in the governing Statement of Work.

Absent a tailored procedure, the client must submit material written observations within a reasonable review window following delivery. Production deployment, live public utilization, or express written approval constitutes conclusive evidence of acceptance, without prejudice to applicable statutory warranties.

DCP may deploy, configure, integrate, or recommend third-party proprietary software and open source components.

Such software remains governed exclusively by its respective licenses, terms, and service levels. DCP neither acquires nor transfers proprietary rights over third-party software unless expressly stipulated otherwise.

Upstream changes implemented by third-party vendors—including pricing revisions, API deprecations, rate limits, uptime disruptions, or policy modifications—may affect integrated workflows. While DCP cannot control external vendor changes, it may propose alternative architectures or migration paths within the contracted scope.

Certain engagements rely upon external cloud providers, hosting servers, DNS, messaging networks, email delivery relays, payment processors, videoconferencing tools, AI inference engines, and external SaaS platforms.

Fees and terms of these external providers may be bundled into DCP's pricing, invoiced directly by third parties, contracted independently by the client, or billed on a pass-through basis. The commercial proposal must specify the applicable billing structure when material to the service.

Certain DCP solutions incorporate artificial intelligence models to assist in data analysis, automated workflow execution, document classification, content generation, and search indexing.

DCP does not guarantee that outputs produced by AI systems are invariably accurate, complete, exclusive, or suitable for any specific critical decision. Where context warrants, AI outputs must undergo review by qualified personnel prior to reliance.

DCP's use of AI is complemented by our Responsible Artificial Intelligence Policy, which is incorporated into these Terms by reference where applicable.

DCP Flow is the proprietary delivery and engineering methodology of DCP (Discover → Design → Build → Validate → Deploy → Improve). DCP projects and professional services are executed applying the DCP Flow framework, which does not constitute an independently sold standalone product unless expressly agreed in writing.

While automation and AI tooling accelerate engineering workflows within DCP Flow, critical decisions regarding architectural design, business logic, scope validation, and release acceptance remain guided by human expertise and accountability.

Each party agrees to safeguard the other's confidential information using reasonable care and use it strictly for the purposes of the commercial engagement.

Confidential information does not include information that: is or becomes publicly known through no fault of the receiving party; was already rightfully known prior to disclosure; is rightfully received from a third party without restriction; or is required to be disclosed by operation of law or competent court order.

Where an executed Non-Disclosure Agreement (NDA) exists between the parties, its specific provisions take precedence.

DCP processes personal data in accordance with its Privacy Policy and, where applicable, its Personal Data Processing Policy.

Where DCP processes personal data under client instructions as a data processor or service provider, specific roles and obligations may be set out in a Data Processing Agreement (DPA) or contractual schedule.

The client is solely responsible for ensuring that it possesses lawful legal bases, notices, or consents to transfer personal data to DCP for processing.

DCP implements commercially reasonable technical and organizational security measures proportionate to the nature of the engagement, known operational risks, and contracted scope.

No digital system is completely impenetrable. The client remains responsible for enforcing security measures within its control, including credential hygiene, role-based access management, multi-factor authentication, and device security.

DCP does not guarantee specific uptime percentages, response windows, or disaster recovery recovery-time objectives unless formally agreed upon in an executed Service Level Agreement (SLA).

Service interruptions resulting from scheduled maintenance, upstream cloud outages, telecommunication failures, client actions, or force majeure are evaluated under the applicable agreement.

The client may not use DCP services or software products to:

• violate applicable laws or third-party rights;
• distribute malicious software or disruptive exploit payloads;
• execute fraudulent operations, phishing campaigns, or identity theft;
• attempt unauthorized access to digital systems, networks, or databases;
• tamper with security safeguards or licensing controls;
• perpetrate unlawful discrimination;
• generate or disseminate prohibited synthetic content via AI features;
• conduct activities prohibited under our Responsible AI Policy;
• resell, sublicense, or commercially exploit DCP proprietary assets beyond authorized terms.

DCP may suspend access to services in whole or in part when reasonably necessary due to: material contractual breach, overdue payments where allowed by contract, verified security threats, abusive usage, orders from competent judicial or regulatory authorities, or urgent measures to protect infrastructure and users.

Where reasonably practicable, DCP will provide advance notice and allow an opportunity to remedy the underlying cause.

Conditions governing contract termination, notice periods, and post-termination transition are governed by the specific service contract or SOW.

Termination does not relieve either party of accrued obligations, including outstanding fee balances, confidentiality commitments, intellectual property restrictions, and indemnification duties.

DCP provides professional services in a diligent manner consistent with applicable industry standards and agreed project scopes.

Except for express written warranties or non-waivable statutory consumer protections, DCP does not warrant that: any service will guarantee specific commercial revenue results; third-party integrations will remain indefinitely functional without upstream vendor alterations; all software will operate entirely without bugs; or AI-generated outputs will be error-free.

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, special, incidental, punitive, or consequential damages, including loss of profits, business revenue, data, goodwill, or commercial opportunities.

Any aggregate monetary liability caps must be established in the governing commercial agreement. Nothing in these Terms excludes liability that cannot be lawfully limited under applicable governing statutes.

Neither party shall be liable for delays or performance failures caused by events beyond its reasonable control, including natural disasters, acts of civil or military authorities, global internet or power grid outages, cyber warfare, terrorism, strikes, or major vendor infrastructure collapse.

The client consents to receive operational, commercial, and contractual notifications electronically, including via email, project management software, customer portals, or enterprise messaging tools.

DCP reserves the right to update these Terms to reflect service enhancements, regulatory requirements, or changes in operational standards.

The effective version will display its latest revision date. Material changes affecting active contracts will be handled in accordance with the specific agreement and applicable law.

Unless otherwise agreed in a written agreement:

• where the contracting entity is Digital Consulting Plus SAS, the relationship is governed by the laws of the Republic of Colombia;
• where the contracting entity is Digital Consulting Plus LLC, the relationship is governed by the laws of the State of Florida and the United States.

Dispute resolution mechanisms, arbitration clauses, or venue designations may be established in the project contract. In the absence of an express forum clause, statutory jurisdictional rules apply.