Terms and Conditions of Service

Last update: February 05, 2026

Introduction and Acceptance

These Terms and Conditions (hereinafter, the "Terms") regulate the access and use of the CheckOP platform (hereinafter, "CheckOP", "the Platform" or "the Service"), a software as a service (SaaS) solution developed and operated by Progresus S.A.S. (hereinafter, "Progresus", "we", "us", "our" or "our"), domiciled in the Republic of Colombia.

By accessing, registering or using CheckOP through the URL https://app.checkop.co, the Android mobile application, the application programming interfaces (APIs) or any other means provided, you (hereinafter, "the Customer", "the User" or "you") agree to be bound by these Terms.

If you are engaging the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Definitions

For purposes of these Terms, the following definitions shall apply:

"Subscription Service": all CheckOP web applications, tools, platforms and functionalities to which the Customer has subscribed through the relevant order.

"User": Employees, representatives, consultants, contractors or agents of the Customer authorized to use the Subscription Service, who possess unique access credentials (user ID and password).

"Operational User": User with assigned license who can receive, execute and respond to operational tasks in the field, capture information through dynamic forms and use the mobile application.

"Standard User": User without assigned license who can access the platform for queries and administrative tasks, but cannot receive or execute operational tasks.

"Customer Data": all information that Customer submits, uploads or that is collected through the Subscription Service in the course of its use.

"Customer Materials": All materials that Customer provides, posts, uploads, enters or submits through the Subscription Service.

"Add-ons": additional product enhancements that Customer may purchase to add extra functionality to the Service.

3. Description of the Service

3.1 Nature of the Service

CheckOP is a SaaS solution designed to facilitate the administration, distribution and management of operational tasks in the field. The Platform allows companies to efficiently manage the daily operations of their employees and contractors, including real-time task assignment, tracking and reporting.

3.2 Main Functionalities

The Service includes, depending on the contracted configuration:

• Geolocation and tracking of tasks and personnel in the field.
• Dynamic forms for data capture
• Multimedia evidence capture (photos, videos, signatures, voice memos)
• Customer and location management
• Configuration of operational processes and sub-processes
• Reports and analysis of operations
• Work in offline mode (exclusive for Android application)
• Integrations with third-party systems, when applicable.

3.3 Access Channels

The Service is available through:

• Web platform at https://app.checkop.co
• Android mobile application (available on Google Play Store)
• Responsive web access for iOS devices (no offline functionality)
• Application Programming Interfaces (API)

3.4 Service Limitations

CheckOP is a SaaS platform with standard functionality. Customizations are limited to the configurations available within the Platform. No additional or custom developments outside the scope of the standard capabilities will be made unless expressly agreed in writing and independently quoted.

4. Access and Use of the Service

4.1 Granting of Access

During the term of the current subscription, Progresus will grant Customer Users access to use the Subscription Service as described in these Terms and in the applicable order.

4.2 Customer's Responsibilities

Customer must ensure that all access to and use of the Service by its Users complies with these Terms. The Customer may allow Users of its Affiliates to access and use the Service, provided that they comply with the terms of the Agreement. Customer shall at all times be responsible for the compliance of its affiliates and Users with these Terms.

4.3 Prohibited Use

The Customer agrees not to:

• Use the Service for any purpose that is unlawful or not permitted by these Terms.
• Attempt to discover, disassemble, decompile or in any way obtain the source code or underlying ideas of the Service
• Modify or create derivative works of the Service, unless expressly authorized
• Remove any proprietary notices or labels from the Service
• Use the Service if the laws of the Customer's country, the country from which you access or the country where you use the Service prohibit it
• Post or upload material that infringes the copyright or trademark rights of any third party
• Engage in activities that may damage, overburden or adversely affect the infrastructure of the Service.

4.4 Sensitive Information

The Subscription Service is not designed to handle sensitive information as defined in applicable data protection regulations. Customer agrees not to use the Service to collect, manage or process sensitive information. Progresus shall not be liable if the Customer chooses to use the Service for these purposes.

4.5 Regulatory Compliance

The Service is not designed to comply with industry-specific regulations (such as HIPAA or FISMA). The Customer shall not use the Service in contexts that require compliance with such specialized regulations, unless expressly agreed otherwise in writing.

5. License and User Management

5.1 Assignment of Licenses

Each Operating User license is assigned to a single user. Each CheckOP account must have at least one active license. Customer may change the user assigned to each license at any time during the subscription period.

5.2 Sharing Prohibition

Users may not share licenses or login information. Each User must have a unique ID and password.

5.3 Adding Users and Licenses

When adding new Operational Users to the Service, an available license must be assigned to each new user. Customer may request additional licenses at any time through the Platform. The additional cost will be reflected in the next billing cycle.

5.4 License Reduction

Once the number of licensed Operational Users has been extended, it will not be possible to automatically downgrade from the Platform. Reduction requests must be managed through a ticket at support.checkop.co and will be subject to evaluation by the commercial team.

6. Fees and Payments

6.1 Subscription Fees

The subscription fee will be fixed for the duration of the subscription, unless the Customer exceeds the number of licenses contracted.

6.2 Fee Adjustments at Renewal

At the time of renewal, Progresus may increase the subscription fees by a percentage equal to the applicable inflation. Customer will be notified of any increase at least thirty (30) days prior to the renewal date. If Customer does not agree to the increase, either party may terminate the subscription at the end of the current term upon notice to the other party.

6.3 Method of Payment

Payment by Credit Card: The Customer authorizes Progresus to charge to its payment method all fees corresponding to the subscription term. Progresus may use third parties to process payments. If the charge is not processed correctly, Progresus reserves the right to retry the charge or suspend access to the Service.

Payment Against Invoice: Unless otherwise specified, all invoiced amounts are due and payable within ten (10) days of the invoice date.

6.4 Withholding and Taxes

If Customer is required to deduct or withhold taxes from the invoice payment, Customer may do so from the applicable subscription fee, provided that such withholding is required under applicable law.

Fees exclude applicable taxes, which will be charged as applicable. Customer agrees to pay any applicable taxes for use of the Subscription Service.

6.5 Late Payment Interest

In the event of late payment, default interest calculated at the maximum rate legally permitted in the country from which the invoice is issued will apply from the due date until payment is made in full.

7. Term, Renewal and Termination

7.1 Initial Term and Renewal

The initial term of the contract shall be the term established in the corresponding order. At the end of this period, the subscription shall be automatically renewed for equal and successive periods, unless otherwise stated.

7.2 Notice of Non-Renewal

To avoid renewal of the subscription, either party must issue a written notice of non-renewal at least thirty (30) days prior to the expiration date.

7.3 Early Cancellation

Customer may cancel its subscription early at any time, but will not receive any refund of previously paid fees or unused subscription fees. In addition, the Customer shall immediately pay all outstanding fees until the end of the current subscription period.

7.4 Termination for Cause

Either party may terminate this agreement for cause:

• By giving thirty (30) days' prior notice to the other party that a material breach has been committed, provided that such breach has not been cured by the end of the period.
• Immediately, if the other party declares bankruptcy or is affected by any other proceedings related to cessation of payments, cessation of activities, liquidation or assignment of assets to creditors.

Progresus may also terminate this agreement for cause, with thirty (30) days' notice, if it determines that the Customer is acting in a manner that adversely affects Progresus.

8. Suspension of Service

8.1 Suspension for Prohibited Acts

Progresus may suspend the User's access to the Service if:

• Uses the Service in a manner that violates applicable laws and regulations.
• Violates the terms of this agreement
• Repeatedly attempts to post or upload material that infringes third party copyrights or trademarks.

8.2 Suspension for Non-Payment

Progresus will send a notice of non-payment for the amount due. If Customer fails to pay the full amount within ten (10) days after such notice, Progresus may suspend access to the Service. If Service is suspended for non-payment, Progresus may charge a reactivation fee to reinstate service.

9. Data Ownership

9.1 Customer Rights

The Customer owns and retains all rights to its Materials and Data. These Terms do not grant Progresus any ownership rights in the Materials or Customer Data.

9.2 License to Use

Customer authorizes Progresus and its licensors to use the Materials and Customer Data only as necessary to provide the Subscription Service, support services and consulting services in accordance with these Terms.

9.3 Limitations on Use by Progresus

Progresus will not use Customer Data for the purpose of contacting any person or company, unless directed or permitted by the Customer. The data that customers store in CheckOP is their entire property. It is never shared with other customers and is never sold.

10. Intellectual Property

10.1 Rights of Progresus

Progresus retains all intellectual property rights on CheckOP, including but not limited to the methods, technologies, tools, products and services used or developed. Any developments made specifically for the Customer remain the intellectual property of Progresus.

10.2 License to the Customer

The Client obtains a non-exclusive and non-transferable license to use CheckOP and the materials generated exclusively for internal use and in accordance with the functionalities of the contracted service.

10.3 Custom Developments

In case of non-compliance by the Client, including non-payment, Progresus reserves the right to deactivate or withdraw access to the implemented developments until the non-compliance is resolved.

11. Confidentiality

11.1 Confidentiality Obligation

Both parties agree that all information to which they have access during the execution of this contract, regardless of its format, will be treated as confidential. This includes patents, technical data, trade secrets, know-how, research, products, services, prices, lists of suppliers and customers, users, passwords, software and any other technical, industrial, financial or commercial data.

11.2 Undertakings

Both parties undertake to:

• Not to use the confidential information for their own or third parties' benefit.
• Not to disclose the information during the term of the contract and for a period of three (3) years after its conclusion.
• To return all confidential information immediately after the termination of the contract
• Implement adequate security measures for the handling of confidential information.

12. Service Level

12.1 Availability Commitment

Progresus commits to maintain 97% uptime for the Subscription Service each month. Availability calculations will be based on Progresus' system logs.

12.2 Downtime

"Downtime" means a total service interruption or serious problem that completely prevents the use of the Service in a significant portion of the production environment. This excludes free services and applies when no workaround is available.

12.3 Non-performance Credits

If Service uptime is less than 97% for two consecutive months or more, Customer will be entitled to a pro-rata credit for downtime in those months. This credit will be applied to a future invoice or to the next renewal period, provided that the Customer requests it within twenty (20) days after the end of the month in which the downtime occurred.

13. Limitation of Liability

13.1 Exclusion of Warranties

Progresus does not guarantee specific results in terms of business performance, such as increased sales or traffic, as these depend on numerous external factors.

13.2 Limitations

To the maximum extent permitted by applicable law:

• Progresus shall not be liable for indirect, incidental, special, consequential or punitive damages.
• Progresus' total aggregate liability under these Terms shall not exceed the total amount paid by Customer during the twelve (12) months prior to the event giving rise to the claim.

13.3 Exclusions

The foregoing limitations shall not apply to:

• Breaches of confidentiality obligations
• Infringements of intellectual property rights
• Fraudulent or grossly negligent conduct

14. Force Majeure

Neither party shall be liable for any failure to perform its contractual obligations if such failure is due to causes beyond its reasonable control ("force majeure"). These events may include: natural disasters, armed conflicts, acts of terrorism, civil disturbances, embargoes, governmental actions, fires, labor strikes unrelated to either party, or significant interruptions in transportation or telecommunications services.

If the force majeure event persists for more than sixty (60) days, either party may terminate the contract by written notice, without incurring liability for such termination.

15. Technical Support

15.1 Support Channels

Users with an active license may access the support options available at support.checkop.co at no additional cost during the term of the subscription.

15.2 Response Times

Responses to support inquiries will be provided primarily by email during business hours in Colombia (Monday through Thursday from 8:00 a.m. to 5:00 p.m. and Friday from 8:00 a.m. to 2:00 p.m.). Progresus endeavors to respond to inquiries within three business days, although Progresus does not guarantee or commit to any specific response time.

15.3 Knowledge Base

The Customer has permanent access to the knowledge base at knowledge.checkop.co, where it will find complete documentation, user guides, tutorials and best practices.

16. Modifications

16.1 Modifications to the Terms

Progresus reserves the right to modify these Terms at any time. Major modifications will be notified to the Customer at least thirty (30) days in advance. Continued use of the Service after the entry into force of the modifications will constitute acceptance of the new Terms.

16.2 Modifications to the Service

Progresus may update, improve or modify the Service at any time. New features will be available to active subscribers at no additional cost, except for specific add-ons or modules priced separately.

17. Applicable Law and Dispute Resolution

17.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Colombia.

17.2 Dispute Resolution

In the event of a dispute, the parties agree to attempt to resolve the dispute by direct negotiation as a first resort. If a solution is not reached within thirty (30) days after notification of the dispute, both parties shall agree to submit the dispute to mediation with a neutral mediator at a recognized Arbitration and Conciliation Center.

If mediation does not resolve the dispute, both parties have the right to take the matter to the competent courts of Colombia or to final arbitration under the rules of the Arbitration and Conciliation Center of the Bogota Chamber of Commerce.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the corresponding order, constitute the entire agreement between Progresus and the Customer with respect to the subject matter hereof, superseding all previous agreements, both written and verbal.

18.2 Assignment

The Customer may not assign or transfer these Terms or any of the rights or obligations arising therefrom without the prior written consent of Progresus.

18.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.4 Waiver

Failure to exercise any right under these Terms shall not constitute a waiver of such right.

19. Contact

For any questions, comments or notices regarding these Terms, you may contact us at:

Progresus S.A.S.

• E-mail: soporte@checkop.co
• Support Portal: https://support.checkop.co
• Knowledge Base: https://conocimiento.checkop.co

By using CheckOP, you acknowledge that you have read, understood and agree to these Terms and Conditions.