Terms and Conditions

1. Site Owner Identification

This website is operated by BAUER DeutschAkademie S.A.S., parent company of the TheUIXstudio brand, based in Cuenca - Ecuador, contact email info@theuixstudio.com and tax identification number 0195095523001, hereinafter “THE OWNER”.

Accessing, browsing, using the website, and/or contracting services offered through it implies full acceptance of these Terms and Conditions.

2. Purpose of the Site

This website aims to provide information about the services, products, plans, digital solutions, developments, maintenance, consulting, technical support, subscriptions, or other offerings provided by THE OWNER.

The information published on this site is informational and commercial in nature. The effective contracting of a service may require a quote, proposal, express acceptance, payment, additional validation, or signing of complementary documents.

3. Permitted Use of the Site

The user is obliged to use this website lawfully, responsibly, and in good faith. The following is prohibited:

THE OWNER may restrict, suspend, or block access when it detects misuse, security risk, or breach of these terms.

• using the site for illicit, fraudulent, or unauthorized purposes;
• attempting to access servers, accounts, forms, databases, or systems without authorization;
• introducing malware, viruses, malicious scripts, or any harmful code;
• copying, reproducing, distributing, or exploiting site content without authorization;
• impersonating others or providing false information;
• using the site to send spam, misleading messages, or defamatory content;
• affecting the security, continuity, integrity, or operation of the site.

4. Services, Proposals and Contracting

The services offered by THE OWNER may include, among others, web design, development, technical implementation, maintenance, support, integrations, automations, content, updates, hosting, domains, digital infrastructure, forms, dashboards, modules, and related services.

The contracting of any service will be governed by the relevant commercial proposal, quote, plan, work order, annex, or acceptance document. In case of contradiction between the general site content and a specific document signed or accepted by the client, the latter shall prevail.

5. Scope and Limits of the Services

Unless expressly agreed in writing, the scope of each service is limited to what is described in the commercial proposal or contracted plan.

The following shall not be automatically included:

Any additional requirement may be quoted and charged separately.

• new modules or functionalities not initially planned;
• structural redesigns or major changes;
• complex migrations;
• advanced third-party integrations not contemplated;
• special automations;
• campaigns, advanced SEO positioning, specialized copywriting, or strategic consulting;
• unlimited support;
• mass data uploads;
• repairs resulting from changes made by third parties or by the client without authorization.

6. Prices, Taxes and Payments

The prices published on the site, where applicable, may be expressed in USD and do not include taxes unless expressly stated otherwise.

Any contracting accepted by the client obliges payment of the agreed amount, together with taxes, bank surcharges, gateway costs, commissions, fees, or applicable levies in accordance with current legislation and the payment method used.

THE OWNER may offer one-time payments, phased payments, recurring plans, subscriptions, automatic renewals, or combinations of these models, as appropriate.

7. Recurring Plans, Renewals and Minimum Term

When a service is contracted under a recurring, subscription, or monthly plan, the client authorizes periodic billing according to the agreed frequency.

When a minimum term applies, it will be the one indicated in the proposal, plan, or contracting document. If the client terminates prematurely a service subject to a minimum term, THE OWNER may charge the penalty, outstanding balance, operational expenses, or amounts expressly agreed for that case.

Unless otherwise stated in writing, early termination or cancellation does not automatically extinguish economic obligations already incurred.

8. Default, Suspension, and Termination for Non-Payment

Delay or non-payment of any payment will entitle THE OWNER, without prior judicial requirement, to:

Costs, commissions, surcharges, payment rejections, administrative or collection expenses arising from default or failures attributable to the client may be passed on to the client when legally appropriate.

• partially or fully suspend services;
• limit features or access;
• withdraw support or maintenance;
• temporarily unpublish the site or platform;
• reschedule deliveries;
• terminate the contractual relationship for breach.

9. Domains, Hosting, Email and Infrastructure

Unless otherwise agreed in writing, domains, hosting, corporate email, servers, plugins, tools, APIs, licenses, storage, databases, external providers, or digital infrastructure may be managed directly or indirectly by THE OWNER or authorized third parties.

Not all domains or extensions will be included in the plans. Premium, restricted, special, or high-cost domains may require additional payment.

Final domain ownership will be as recorded in the corresponding registry, according to the contracting modality and the owner defined for it.

10. Third-Party Dependency

Some services may depend on third parties, such as hosting providers, domains, email, payment gateways, plugins, APIs, software, cloud services, analytics, or other external tools.

THE OWNER will not be responsible for interruptions, blocks, changes in conditions, outages, vulnerabilities, restrictions, delays, price changes, or discontinuities caused by third parties.

11. Intellectual Property

All contents of this website, including but not limited to texts, design, structure, logos, graphics, images, trademarks, interfaces, code, visual elements, documentation, functional components, and other materials, are the property of THE OWNER or their licensors, and are protected by applicable intellectual and industrial property laws.

Their reproduction, adaptation, distribution, commercialization, reverse engineering, extraction, or reuse without prior written authorization is prohibited.

12. Intellectual Property of Contracted Developments

Unless expressly agreed in writing, the client receives only a limited right of use over contracted developments, deliverables, or implementations within the authorized scope.

The full assignment of proprietary rights, source code, structure, automations, technical documentation, design, or assets developed by THE OWNER is not presumed and will only operate when there is a written agreement and full payment of the corresponding amount.

In recurring services or subscriptions, the continued use of certain elements may be conditioned on the validity of the contracted plan, unless otherwise agreed.

13. User or Client-Provided Content

The user or client is solely responsible for the information, texts, images, trademarks, databases, files, permissions, authorizations, licenses, forms, and materials they provide or publish through the site or contracted services.

The user declares that they have the necessary rights over such content and will hold THE OWNER harmless against third-party claims arising from its use, publication, reproduction, or processing.

14. Support and Maintenance

When a service includes support or maintenance, it will be provided according to the scope of the contracted plan, within reasonable hours and conditions of attention.

Unless otherwise agreed, support does not include unlimited assistance, new developments, complete redesigns, extensive training, correction of damage caused by third parties, or incidents unrelated to the originally implemented environment.

15. Availability and Absence of Absolute Warranties

THE OWNER will make reasonable efforts to keep the site and services operational, but does not guarantee uninterrupted availability, total absence of errors, universal compatibility, specific commercial results, or absolute continuity of the service.

The user acknowledges that any digital environment may present failures, maintenance, vulnerabilities, updates, or technical dependencies beyond THE OWNER's direct control.

16. Limitation of Liability

To the fullest extent permitted by law, THE OWNER will not be liable for indirect damages, lost profits, data loss, loss of opportunities, business interruptions, decisions made by the user, third-party outages, improper use of credentials, errors in information provided by the client, or damages arising from user content.

Where permitted by law, any liability of THE OWNER will be limited to the amount actually paid by the client for the service directly related to the claim, during the period agreed in the commercial relationship or, failing that, during the last months actually billed.

17. Personal Data Protection

The processing of personal data carried out through this website is governed by the current Privacy Policy, which is an integral part of these Terms and Conditions.

18. Modifications

THE OWNER may update, modify, or replace these Terms and Conditions at any time. The current version will be the one published on this website on the corresponding date.

Continued use of the site after the publication of changes implies acceptance of the updated terms.

19. Applicable Law and Jurisdiction

These Terms and Conditions will generally be governed by the laws of Ecuador. However, when there is a contract, proposal, work order, or specific document signed with the client, the applicable law may be adapted to the client's country if expressly provided for in that document.

Any dispute will be heard by the competent judges or courts applicable according to the corresponding contractual document or, failing that, by the competent judges or courts of Cuenca - Ecuador, unless a mandatory rule provides otherwise or the parties validly agree to another mechanism.

20. Contact

For inquiries related to these Terms and Conditions, the user may contact:

info@theuixstudio.com

+593 (0) 990 444 151

Cuenca - Ecuador