1. Scope and Operator

These Terms and Conditions govern the use of the BrandMediaCloud platform available at wpitmediacloud.com, operated by WPITCOM S.A., 03007 San Lucas, Sacatepéquez, Guatemala ("WPITCOM", "we", "us", "our").

By registering on or using wpitmediacloud.com, you agree to these Terms and Conditions in full. If you do not agree, please do not use the platform.

2. Platform Description

BrandMediaCloud is a cloud-based brand media distribution platform that enables brand manufacturers ("Brand Partners") to publish product media — including images, videos, logos, recipes and advertising content — and makes this media available to verified retail businesses ("Retail Partners") including retailers, wholesalers, advertising agencies and online shops.

The platform operates in cooperation with BrandLogistics.net in Europe. BrandLogistics.net is an independent partner and not a co-operator of the platform.

3. Registration and Access

Brand Partners register at wpitmediacloud.com and select a subscription plan. Registration is subject to manual review and approval by WPITCOM S.A.

Retail Partners register at wpitmediacloud.com free of charge. Registration is subject to manual verification to confirm legitimate trade business status. Access is granted at the sole discretion of WPITCOM S.A.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use.

WPITCOM S.A. reserves the right to refuse, suspend or terminate any registration at its discretion, particularly where a registration does not meet platform quality standards or where fraudulent or abusive behaviour is suspected.

4. Obligations of Brand Manufacturers

Brand Partners agree to:

• Only upload media to which they hold full intellectual property rights or have the necessary licences to distribute
• Ensure that all uploaded media is accurate, current and not misleading
• Not upload content that is unlawful, defamatory, discriminatory or that infringes the rights of any third party
• Update product media promptly when product information changes (e.g. ingredients, labelling, packaging)
• Grant WPITCOM S.A. and verified Retail Partners a non-exclusive, royalty-free licence to display and distribute the uploaded media for the purposes described in these Terms
• Pay applicable subscription fees on time in accordance with the selected plan

5. Obligations of Retail Partners

Retail Partners agree to:

• Use downloaded brand media exclusively for legitimate commercial purposes related to the promotion and sale of the respective brand's products
• Not alter, distort or misrepresent brand media in any way that could damage the reputation of the brand manufacturer
• Not redistribute, resell or sublicence brand media to third parties outside their own organisation
• Comply with any specific usage restrictions communicated by individual brand manufacturers
• Not use brand media in contexts that are unlawful, offensive or inconsistent with the brand's values

6. Intellectual Property and Licences

All brand media (product images, videos, logos, recipes, advertising content) uploaded to BrandMediaCloud remains the intellectual property of the respective brand manufacturer. WPITCOM S.A. claims no ownership over brand media.

By uploading media to the platform, brand manufacturers grant WPITCOM S.A. a licence to host, display and distribute that media to verified Retail Partners for the purposes of product promotion at the point of sale.

Retail Partners receive a limited, non-exclusive, non-transferable licence to download and use brand media for the promotion and sale of the respective products. This licence does not extend to any other use.

The platform design, software, code and all non-brand content of wpitmediacloud.com are the exclusive property of WPITCOM S.A. and are protected by copyright. © 2025–2026 WPITCOM S.A. All rights reserved.

7. Fees and Payment

Retail Partners: Access to the standard platform is provided free of charge. Premium services (API integration, data subscriptions, custom interfaces) are offered as individually quoted projects.

Brand Partners: Subscription fees are charged in accordance with the selected plan (Free, Entry, Medium, Standard or Enterprise). Fees are stated in EUR and are subject to change with 30 days' prior notice. Fees are non-refundable unless otherwise required by applicable law.

Failure to pay applicable fees may result in suspension or termination of access.

8. Availability and Service

WPITCOM S.A. will make reasonable efforts to ensure the platform is available 24/7. However, we do not guarantee uninterrupted availability and reserve the right to carry out maintenance, updates and improvements at any time. We will endeavour to minimise disruption and to provide advance notice of scheduled maintenance where possible.

9. Liability

WPITCOM S.A. acts solely as a platform operator and is not responsible for the accuracy, completeness or legality of brand media uploaded by Brand Partners. Brand Partners are solely responsible for the content they upload.

WPITCOM S.A. shall not be liable for any indirect, incidental, consequential or special damages arising from the use of or inability to use the platform, to the fullest extent permitted by applicable law.

Our total liability to you for any claim arising out of or in connection with these Terms shall not exceed the fees paid by you to WPITCOM S.A. in the three months preceding the claim.

10. Termination

Either party may terminate their account at any time. Brand Partners may cancel their subscription with 30 days' written notice; prepaid fees are non-refundable.

WPITCOM S.A. reserves the right to terminate or suspend any account immediately and without notice in cases of material breach of these Terms, fraud, abuse or conduct harmful to the platform or its users.

11. Governing Law

These Terms and Conditions are governed by the laws of the Republic of Guatemala. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Guatemala.

12. Changes to These Terms

WPITCOM S.A. reserves the right to update these Terms and Conditions at any time. We will notify registered users of material changes by email or by posting a notice on the platform. Continued use of the platform after notification constitutes acceptance of the updated Terms.