File upload and confidentiality terms

1. Owner and acceptance

1.1. The aluminio.ar website (the "Site") is operated by Insumosonline SRL, CUIT 33-71652287-9, with registered address at Vilardebo Teodoro 1853, (1407) Autonomous City of Buenos Aires, Argentine Republic ("Insumos Online").

1.2. These Terms govern the uploading of files to the Site's tools and supplement the general Terms and Conditions and the Privacy Policy. In case of conflict regarding uploaded files, these Terms prevail.

1.3. By ticking the acceptance box and uploading a file, the user declares that they have read, understood and accepted these Terms, which constitute a valid and binding agreement between the user and Insumos Online. If the user does not agree, they must not upload files.

1.4. Anyone who uploads a file on behalf of a company or another person declares that they have sufficient authority to bind it. In that case, "user" includes both the person making the upload and the party they represent.

2. Definitions

2.1. "Files": the plans, drawings, models, documents and any other content the user uploads to the Site, in any format, together with the technical information they contain.

2.2. "Confidential Information": the Files and the non-public technical information they contain, with the exceptions set out in clause 6.

2.3. "Related Companies": the manufacturing or distribution companies related to Insumos Online that may take part in an assessment or quote, including Metrar and PerfilesDeAluminio.net.

3. Purpose of processing

3.1. Insumos Online will use the Files exclusively to: (a) run the tool and produce the results requested by the user; (b) save them in "My project" when the user chooses to do so; (c) assess technical feasibility and prepare quotes, only when the user requests it; (d) provide support to the user, keep the Site secure and fix operating errors; and (e) comply with legal obligations.

3.2. Insumos Online will not use the Files to manufacture, reproduce or sell the user's design on its own account or on behalf of third parties, nor will it publish them in any medium.

4. Confidentiality undertaking

4.1. Insumos Online undertakes to: (a) keep the Confidential Information confidential; (b) not assign, sell or disclose it to third parties without the user's authorisation, except as provided in clauses 5 and 6; (c) limit access to its staff and to the technology service providers that need it for the purposes of clause 3, all of them subject to a duty of confidentiality; and (d) apply a reasonable level of care to safeguard it, no lower than the care it applies to its own confidential information.

4.2. The confidentiality undertaking applies from the upload of the File, remains in force while Insumos Online keeps it and survives for 3 (three) years after its deletion.

5. Referral to Related Companies

5.1. Only when the user requests a quote, a feasibility assessment or to be contacted by a manufacturer or distributor, and expressly authorises it by ticking the corresponding box, may Insumos Online share the Files and the user's contact details with the Related Companies involved.

5.2. The Related Companies will receive the Files under a duty of confidentiality equivalent to that of these Terms and may only use them to assess and quote the user's request.

5.3. If the user needs a specific signed confidentiality agreement, they may request it from info@aluminio.ar before uploading their Files.

6. Exceptions to confidentiality

6.1. Information is not considered Confidential Information if it: (a) is in the public domain or becomes so through no fault of Insumos Online; (b) was already lawfully held by Insumos Online or the Related Companies before the upload; (c) was developed independently, without using the Files; (d) was lawfully received from a third party without a duty of confidentiality; or (e) corresponds to standard profiles, standard geometries, usual commercial sizes or general industry knowledge.

6.2. Insumos Online may disclose Confidential Information when required by a court order or a request from a competent authority. To the extent permitted by law, it will notify the user in advance at the contact the user has provided.

6.3. Insumos Online may prepare and use aggregated, anonymous statistics on the use of the tools (for example, number of uploads or formats used) that do not make it possible to identify the user or reconstruct their designs.

7. Independent developments and similar profiles

7.1. The user acknowledges that Insumos Online and the Related Companies are engaged in manufacturing and selling aluminium profiles and parts, that they have their own catalogues and dies, and that they routinely receive designs from other customers and users that may be identical or similar to the user's.

7.2. The existence, manufacture or sale of profiles or parts identical or similar to those contained in the Files does not in itself constitute a breach of these Terms, provided they do not result from the use of the user's Files.

7.3. Uploading a File does not create any exclusivity in favour of the user, nor does it oblige Insumos Online or the Related Companies to refrain from developing, manufacturing or selling products from their own range or commissioned by third parties.

8. User representations and warranties

8.1. The user represents and warrants that: (a) they own the Files or have sufficient authorisation from their owner to upload them and allow their use under these Terms; (b) the upload does not infringe confidentiality agreements, employment or service contracts, trade secrets (Law 24,766), intellectual or industrial property rights, or any other third-party rights; (c) the Files do not contain third parties' personal data, unless the user has a legal basis to share it; (d) the Files do not contain information whose disclosure is restricted by defence, security or export control regulations; (e) the Files do not contain viruses or malicious code; and (f) the information the user provides is true.

8.2. Insumos Online does not verify the ownership or origin of the Files and acts in good faith on the basis of the user's representations.

9. Indemnity

9.1. The user will hold Insumos Online, the Related Companies and their respective partners, directors and employees harmless against any claim, lawsuit, penalty, damage or expense (including reasonable professional fees and costs) brought by third parties and arising from the falsity or breach of the representations in clause 8 or from the content of the Files.

9.2. If Insumos Online receives a claim from a third party alleging rights over a File, it may suspend access to that File or delete it, and will inform the user at the available contact.

10. Intellectual property

10.1. Uploading does not transfer any ownership right over the Files to Insumos Online. The user grants only a limited, free, non-exclusive and revocable licence to use them for the purposes of clause 3. The licence is revoked by requesting the deletion of the File.

10.2. The tools, software, algorithms, databases, texts and design of the Site are the property of Insumos Online or its licensors. The results delivered by the tool may be freely used by the user for their own purposes.

11. Results for guidance only. No obligation to contract

11.1. The results of the tools (area, weight, moments of inertia, wall thicknesses, feasibility and the like) are automatic estimates for guidance only. They do not constitute professional engineering advice or a guarantee of feasibility, and must be verified by a competent professional before being used. Extrusion feasibility and final properties are confirmed by the technical team with the final drawing.

11.2. Uploading a File does not oblige Insumos Online or the Related Companies to quote, manufacture or sell, nor does it oblige the user to buy. Every quote is governed by its own conditions.

12. Retention and deletion

12.1. Files are kept for 90 (ninety) days from their upload, or for as long as the user keeps them saved in "My project", or for as long as the quote requested by the user lasts, whichever is longest. After that period, they are deleted.

12.2. The user may request the deletion of their Files at any time by writing to info@aluminio.ar. Deletion will take effect within 10 (ten) business days; backups are purged within their usual rotation cycle. Files already shared with Related Companies at the user's request will be deleted by them within the same period, except those forming part of a completed commercial transaction.

12.3. Insumos Online will keep the records of acceptance of these Terms and of the operations carried out (without the File) for the period necessary to prove compliance with its obligations and to defend itself against possible claims.

12.4. The Site is not a storage or backup service. The user must always keep their own originals.

13. Security

13.1. Insumos Online applies reasonable technical and organisational measures to protect the Files, including encrypted transmission (HTTPS) and access restricted to the staff handling enquiries.

13.2. The user acknowledges that no computer system or Internet transmission is completely secure and that Insumos Online cannot guarantee absolute security.

13.3. If Insumos Online becomes aware of unauthorised access affecting the user's Files, it will inform the user at the available contact without undue delay.

13.4. To host and process the Files, Insumos Online may use technology infrastructure providers, which may be located outside the Argentine Republic and which act on behalf of Insumos Online and under a duty of confidentiality.

14. Limitation of liability

14.1. Use of the tools is free and voluntary. To the maximum extent permitted by applicable law, Insumos Online will not be liable for: (a) unauthorised access, loss or alteration of Files resulting from acts of third parties, unforeseeable circumstances or force majeure, including cyberattacks that overcome reasonable security measures; (b) indirect damages, loss of profit, loss of opportunity, business or data; (c) decisions made by the user on the basis of the tools' guidance results; (d) interruptions or failures of the Site; or (e) damages arising from the user's breach of these Terms.

14.2. Where liability applies, it will be limited to the direct damages actually proven.

14.3. Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence, or the non-waivable rights that the law grants the user, in particular when the user is a consumer.

15. Personal data

15.1. The user's personal data (such as name, email address, telephone number and IP address) is processed in accordance with Law 25,326 and the Site's Privacy Policy, in order to provide the service, record the acceptance of these Terms and, if the user so requests, contact them and provide a quote.

15.2. The user may exercise their rights of access, rectification and deletion by writing to info@aluminio.ar. The Agency for Access to Public Information, as the supervisory authority of Law 25,326, is empowered to handle complaints and claims filed by those whose rights are affected by non-compliance with the rules in force on personal data protection.

16. Record and proof of acceptance

16.1. The user agrees that Insumos Online may record the date and time, the IP address, the browser details, the version of these Terms and the identification of the uploaded File, and that these electronic records constitute valid proof of acceptance and of the operations carried out.

17. Amendments

17.1. Insumos Online may amend these Terms. Each version is published with its number and effective date. Each File is governed by the version accepted at the time of its upload; later uploads require acceptance of the version in force.

18. General provisions

18.1. If any clause is declared void or unenforceable, the remaining clauses will remain fully in force.

18.2. Failure by Insumos Online to exercise a right does not imply its waiver.

18.3. Communications to Insumos Online must be addressed to info@aluminio.ar or to the address given in clause 1.1. Communications to the user will be sent to the email address the user has provided.

19. Governing law and jurisdiction

19.1. These Terms are governed by the laws of the Argentine Republic.

19.2. Any dispute will be submitted to the ordinary courts sitting in the Autonomous City of Buenos Aires, waiving any other forum or jurisdiction, without prejudice to the jurisdiction that by law corresponds to a user who is a consumer.