Country Annex — Colombia

Applies to Brands incorporated or with tax domicile in Colombia, and to Creators with tax residence in Colombia. It supplements the Terms for Brands and for Creators, and prevails over them to the extent Colombian law requires. This is an English translation; if there is any discrepancy, the Spanish version prevails.

1. Governing law and jurisdiction. The Agreement is governed by Colombian law. Disputes are resolved before the judges of the Republic of Colombia sitting in Bogotá D.C. This does not limit the actions that Law 1480 of 2011 grants to anyone who is a consumer before the Superintendence of Industry and Commerce (SIC).

2. Consumer protection. The Consumer Statute (Law 1480 of 2011) applies only when the User is a consumer under that law. No clause of the Agreement limits rights that law declares non-waivable.

3. Personal data. Montu Colombia S.A.S. is the controller of Users' data in Colombia, under Law 1581 of 2012 and Decree 1377 of 2013 (compiled in Decree 1074 of 2015). The data subject's prior, express and informed authorization is obtained at registration. Inquiries are answered within a maximum of 10 business days and complaints within a maximum of 15 business days. The supervisory authority is the SIC.

4. Copyright and image. The licenses in the Terms are granted under Law 23 of 1982 and Andean Decision 351 of 1993. For the purposes of article 183 of Law 23 of 1982, they are expressly granted for the whole world, for the full term of legal protection and for all the forms of exploitation indicated. Electronic acceptance meets the writing requirement under Law 527 of 1999. The Creator expressly consents to the use of their image and voice on those terms. Moral rights, which are inalienable, are respected.

5. Invoicing to Brands. Montu Colombia S.A.S. issues electronic sales invoices in accordance with DIAN rules. All items (subscription, Campaign Budget and Service Fee) are invoiced with VAT.

6. Brand withholdings. Income tax, VAT and ICA withholdings that the Brand applies by law are treated as payment, provided it delivers the corresponding certificate. In Colombia, the gross-up in article 7.3 of the Terms for Brands does not apply.

7. Creators' tax documents. The Creator must have a valid RUT. If required to invoice, they issue an electronic invoice to Montu Colombia S.A.S. If not, Montu Colombia S.A.S. issues the support document for purchases from parties not required to invoice (documento soporte). Montu Colombia S.A.S. applies the withholdings required by the Tax Statute.

8. Payments to Creators. Withdrawals are paid in COP to a Colombian bank account or, once Montu enables it, to an electronic or low-value deposit (for example, Nequi or Daviplata), provided it is in the Creator's name and under the same ID number. If a Withdrawal exceeds the balance or transaction limits of that product, the Creator must register another account, and Montu is not liable for rejections or delays caused by those limits.

9. Advertising. Collaborations must comply with Law 1480 of 2011 and the SIC's Good Practices Guide for Advertising through Influencers, and be clearly identified as advertising.

10. Interest. Overdue amounts accrue the maximum default interest allowed under article 884 of the Commercial Code.

11. Data messages. Electronic acceptance of the Agreement is fully valid under Law 527 of 1999.