Terms and Conditions

TERMS AND CONDITIONS OF USE OF SAFE & SOLID SOFTWARE THROUGH DIGITAL PLATFORM OR WEB APPLICATION.

The Terms and Conditions of use presented below (the “Terms”) constitute the entire agreement between S.F MBTY, S.A. de C.V., its affiliates and/or subsidiaries, and/or its related parties (the “Provider”), who is the legitimate owner or authorized to market and use the “Safe Mobility” Software for access via the web or through the mobile application (the “Platform”) with address at Calle Guadalupe Victoria 619, Colonia San Baltazar Campeche, C.P.: 72550, Puebla, Mexico.  (the “Address”), email address www.safemobility.com.mx (the “Site”) and contact email serviceacliente@safemobility.mx (the “Email”); and the physical and/or legal person who accesses it. The use of the Platform, by any person, attributes to them the status of user (the “User”) and this implies their full and unconditional adherence to these Terms.

1. OBJECT

The Provider makes the Platform available to the User, a technological tool whose main purpose is the planning and request of point-to-point transportation using equipped vehicles (“Trip”), and whose information is provided by the Provider, or by persons directly or indirectly linked to it (the “Contents”). The User acknowledges that the Platform aims to provide transportation services through the travel request, which is hosted in the cloud (cloud means space for processing and storing data and applications on physical servers that are in a Data Center), through the use of electronic digital devices, such as: computer, smartphone, tablet, etc. (the “Services”). Notwithstanding the foregoing, the Provider does not guarantee the effective resolution of all the User's needs.

The Services are provided in the form of Software as a Service (the “SaaS”), which implies that the User receives the services in the cloud (as defined below), through monthly plans, with direct and recurring charges to credit cards, debit cards or certain payment engines, as chosen by the User when registering on the Platform. The Services that the User contracts, as chosen when registering and registering on the Platform, contain the following components:

Account registration as User. The User may create an account for which they must be of legal age and meet the requirements indicated at the time by Safe Mobility. With the understanding that, as the owner of your account, you are responsible for the obligations when contracting the services as well as expressing your acceptance of the privacy terms of Safe Mobility. 

Service Request. The User may request a trip within the trip request panel, they must indicate the starting point as well as establish the final destination of the trip. Once the trip has started, the User will not be able to change the destination. 

Travel Modalities: 

Simple: The simple trip is requested through the application and takes the process online. Once the origin and destination have been indicated, payment is made by electronic card or cash directly in the application or with the driver of the vehicle in the case of cash. Safe Mobility does not store banking or financial information. 

Special: By choosing the special modality, you will be contacted by Safe Mobility personnel to request travel and payment information. 

In either of the two modalities there is the possibility of choosing the Photos and Video submodality. If you choose Video, it will have an additional cost and the provisions of “SEE LIVE” will apply. 

Driver and unit assignment. Once the conditions of the trip in question have been selected, Safe Mobility will assign a driver and vehicle for the trip, which may be its own or a third party. At this time Safe Mobility will share the data of the unit, driver, and the trip route as well as a site to follow the trip route in real time, view the photos and, if you have selected “View Live”, the video in real time. 

The User hereby releases Safe Mobility from any responsibility that may occur at the time of the trip that is in charge of the third-party driver. 

Trip Description. The User will be able to track the trip in real time, as well as share the route and details of their trip with a third party who will be able to view the uploaded photographs every 3 minutes during the trip as well as if they have selected “View Live” the video in real time. 

Emergency button: The User or passenger on the trip will be able to select the “Emergency Button” that will be displayed on the screen of their application when they feel in danger or in an uncomfortable situation. This button will activate the internal alarm and will be attended by Safe Mobility to provide attention to the case. 

End of the Journey. At the end of the trip, that is, upon reaching the selected destination point, the User will receive a summary of the trip by email and within the application they will be able to evaluate the driver and trip as well as add an additional tip. 

Vehicle and trip specifications. 

The vehicles that Safe Mobility makes available to make the aforementioned trips are equipped with 3 cameras placed as follows: in front of the car, vision of the driver and co-pilot, and vision of the passenger seat. 

Safe Mobility to ensure the safety of its passengers through its cameras takes photographs every 3 minutes and they are uploaded to the website corresponding to the trip and to the account of the User who requested the trip or with whom it was shared. Photos are automatically deleted for a period of 15 days after the trip has ended. 

“SEE LIVE” mode. If the video mode has been selected, Safe Mobility will film a live video through the cameras to transmit the travel route from start to finish, available to the User who requested the trip or with whom said trip has been shared. 

Travel Request Period. 

If 5 minutes have passed and the vehicle and driver have not been assigned, the trip will be canceled automatically. 

If a driver and vehicle have already been assigned, after the first 2 (two) minutes the User may cancel with a minimum cancellation fee indicated by Safe Mobility. 

The User agrees to comply with each and every one of the procedures that the applicable laws establish, regarding the acquisition of online or digital services; and, for its part, the Provider undertakes to respect and enforce the rights of the User and to correctly use the data collected for this purpose, in accordance with the Privacy Notice found on the Platform.

2. CONTRACTUAL USE OF THE PLATFORM.

Under these Terms, the Provider authorizes and grants the User the use and enjoyment of 1 (one) license to use the Platform for personal use, which implies registration and access to it. Said grant is made under the “as is” modality, temporary, non-exclusive, non-marketable and non-sublicensable, for the acquisition of the Services.

Electronic Contracting. The User acknowledges that the use of and access to the Platform includes the ability to enter into contracts to acquire the Services and/or to carry out transactions electronically. Therefore, the User acknowledges that electronic shipments constitute their acceptance and intention to be bound and pay, in a timely manner, for such services and transactions. Said obligation will be considered applicable to all records related to all transactions carried out through the Platform and Services, including cancellation notices, use policies, contracts and applications.

Lodging. The Provider will host the Licenses in the cloud of its choice (cloud means space for processing and storing data and applications on physical servers that are in a third-party Data Center). The accommodation has adequate availability. Notwithstanding the foregoing, the Provider will not be responsible for any fall, total or partial absence of availability, or total or partial loss of data.

Data veracity. The User acknowledges that the Provider will not carry out any investigation to validate the accuracy and veracity of the data provided by the User, so in the event that they present omissions, inaccuracies or errors, they release the Provider from any liability, regarding any damage or harm that such acts may cause. 

Validity. It is understood that the subscription to the Services will be valid indefinitely, until there is an instruction for unsubscription, blocking or cancellation by the User, which must be requested in writing to the Email. However, and without prejudice to the foregoing, the charges corresponding to each Service will be generated in accordance with the time period specified for each one, as long as it is not canceled in the terms described in this paragraph. If the User cancels the Services, they must pay for the services that have been provided up to the effective termination date.

Termination. The Provider, at its absolute discretion, may cancel your account at any time, with a simple written notice sufficient.

Price. The User will pay the Provider for the Services chosen when selecting the details of their trip. The price of the Services is calculated according to the origin and destination of the route selected for the trip and the additional modalities chosen by the User.

Payment Methods. The User agrees to pay for the Services in Mexican pesos. Collection of the Services, including any applicable taxes, will be made through the payment engine enabled in the application. The Provider, for the convenience of the User, offers different payment methods that you must choose when creating your Username and password, these being: (i) direct charge to credit card; or (ii) direct charge to debit card; or (iii) through the payment engine. 

The User, as the sole person responsible for the timely payment of the Services, is obliged to provide real, valid and current data of the credit card, debit card or payment engine, where the recurring monthly charge will be made. Likewise, the User hereby declares and guarantees that the economic resources that will be invested for the payment of each and every one of the obligations conferred in this document come from lawful sources and/or activities.  In the event that the Provider is unable to make the aforementioned charge to the payment engine chosen by the User, the Provider reserves the right to revoke or restrict the User's access to the Services until the payment is made in full.  

Any operational charge, or rate established for the services offered through third-party servers or portals (payment engines or banks), are fully regulated by terms and conditions established by said third parties or by the applicable laws, for which the User hereby releases the Provider from any responsibility regarding the form, time and amount in which the charges are made, even when said charge is considered excessive, improper or that violates any right of the User. In this way, the User is obliged to keep the Provider in peace and safe at all times from any judicial process that may be initiated due to the use of third-party servers or portals.

The User acknowledges and accepts that the Provider may use the collection services of third parties, for the purposes of collecting any debt pending payment due to the Services, for which, the User undertakes to collaborate in good faith for the total settlement of the debts. 

Billing. If the User requires tax receipt, they must request it in writing to the Email so that it can be generated. It is an essential condition for the issuance of said receipt that the User reliably verifies payment for the Services in question. The User accepts that the Provider may contact them periodically, via email to the email address associated with their registration account, with billing notices and other communications related to the Services, whether they are: i) promotion of their own or third-party products; ii) improvement in service; iii) changes to the Services, etc.

3. USE AND ACCESS TO THE PLATFORM

To access the Services, it is necessary to be of legal age and provide the information required to create an account, so it is the User's responsibility to keep the information true, accurate, updated and available. Failure to update your account will result in your inability to access and use the Services, as well as the suspension or cancellation of your account.

The User is solely responsible to the Provider, and any third party, regarding their conduct when accessing, consulting and providing information on the Platform and the consequences that may arise from its use, for purposes or effects that are illicit or contrary to the purpose of the Platform, its content, whether or not prepared by the Provider, published or not officially under its name; as well as those consequences that may arise from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Platform and prevent the normal enjoyment of other users.

4. USE OF OTHER PRODUCTS AND SERVICES 

Components or features of the Services, including those that involve the purchase and download of additional products or services, require different software or other license agreements or terms of use, so the User must read, accept and be bound by those terms of use established, independently, as a condition of being able to use these particular components or features of the Service.

5. INACCURACIES OF THE PLATFORM

The Content of the Platform and/or the Services provided may contain inaccuracies and/or typographical errors. The Provider does not guarantee the accuracy of the Content and reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Platform and/or the Services and to make any changes in features, functionality or Content at any time. The Provider, as well as any person related and/or affiliated with the Provider, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or former, or allies, will not be responsible for errors or omissions in the Contents of the Platform.

6. STAY ON THE PLATFORM

The User is solely responsible to the Provider, and any third party, regarding their conduct when accessing, consulting and providing information on the Platform and the consequences that may arise from its use, for purposes or effects that are illicit or contrary to the purpose of the Platform, its content, whether or not prepared by the Provider, published or not officially under its name; as well as those consequences that may arise from use contrary to the content of these Terms that is harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Platform and prevent the normal enjoyment of other users.

7. RESPONSIBILITY REGARDING THE CONTENTS

Correct use of the Contents. The User undertakes to: 

use the Platform and its Contents in accordance with applicable laws and public order, refraining from carrying out any act that undermines, deteriorates, disables or damages the image and/or information disclosed by the Provider or in any way harms the rights or interests of third parties, directly or indirectly linked to it; 

not copy, disseminate, modify, reproduce, distribute or use in any way for profit or non-profit the contents and elements used on the Platform, unless you have the express written authorization of the Provider; 

not modify or manipulate the brands, logos, commercial notices, trade names and distinctive signs in general of the Provider, the Platform or the people linked to the Provider (unless you have written authorization); 

delete, circumvent or modify the Contents and elements used on the Platform, as well as the technical protection devices, or any mechanism or procedure established on the Platform.

Excluded from the previous points is information generated through the Platform for use and management by the User, which may be printed and/or copied for the interests that best suit the User. If the User is a legal entity, he or she will adhere to the provisions of article 148, section IV of the Federal Copyright Law. The User acknowledges and accepts that the use of the Platform and the Contents is under their exclusive and strict responsibility, so the Provider will not, at any time and under any circumstances, be responsible for any damage or problem that occurs in the computer equipment (hardware) or computer programs (software) that the User uses to access or navigate any part of the Platform. 

The Provider has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members on the Platform. The Provider reserves the right to modify the terms and conditions of the Services, as well as to proceed to the exclusion of any of them. The Provider declares that all Content, and the elements used on the Platform, are duly registered and protected under the corresponding authorities and laws in Mexico. The User agrees to respect all the rights contained in the Copyright Notice established on the Platform.

Platform and contents other than the Platform and the Provider's Contents. The Provider may make use of its right to publish any informative material and/or sites or subsites owned by third parties, linked or not to the Provider, that it considers of interest to Users. Notwithstanding the foregoing, the Provider disclaims all responsibility for the access and/or use made by the Users of the information contained therein and/or for the use, origin and destination of the information that arises from different links (link, hyperlink, link). Any publication made within the Platform, by Users, does not generate payment obligations to third parties for promotion, publication and/or management of information and/or image, unless there is a previously signed contract with the Provider.

Denial and withdrawal of access to the Platform and the Contents. The Provider reserves the right to deny or withdraw access to the Platform, or its Contents, at any time, without any liability for the Provider and without prior notice to the User or users who fail to comply in whole or in part with the conditions established herein and/or who carry out actions or acts aimed at: 

“Harass” or otherwise harass or annoy other Users;

Posing as a representative or employee of the Provider, making false or otherwise erroneous statements of your affiliation with the Provider;

Collect or store personal data of other users in connection with prohibited conduct and activities; 

Forge headers or manipulate Platform identifiers, in order to hide the origin of the Contents;

Upload, post, email, transmit or otherwise provide any content that you do not have the right to transmit, pursuant to the terms contained in the Federal Law for the Protection of Industrial Property (“LFPPI”), the Federal Copyright Law (“LFDA”), and the Federal Law for the Protection of Personal Data Held by Private Parties (“LFPDPPP”) or contractual relationships protected by confidentiality and non-disclosure agreements; 

Upload, post, email, transmit or otherwise provide materials that contain computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment connected to the Platform; 

Make use of the Platform in a manner that could damage, disable, overload or disrupt the Provider's servers or network connections;

Ignore requirements, procedures, policies or rules of networks connected to the Platform that could interfere with the use and enjoyment of the Platform by any third party; and

Access unauthorized accounts, computer systems or networks connected to the Provider's servers, through hacker attacks, password cracking or any other method to obtain or attempt to obtain materials or information with any means not intentionally offered through the Platform. 

The User agrees to indemnify and hold harmless the Provider and its officers, agents, employees, partners, suppliers and licensors from any claim or demand, as well as to cover reasonable attorneys' fees, brought by any third party against the Provider due to content that the User sends, publishes, transmits or provides in a manner other than as provided on the Platform. The foregoing, without prejudice to the right of the Provider to carry out the necessary judicial actions to claim the damages that said actions on the part of the User could cause. 

Responsibility regarding the Contents. The Provider does not assume any responsibility derived from, but not limited to: (i) the use that the User may make of the materials on this Platform, or the Contents, or the linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website or of third parties; (ii) possible damages to the User caused by normal or abnormal functioning of the search tools, the organization or location of the Contents and/or access to the Platform and, in general, errors or problems generated in the development or instrumentation of the technical elements that the Platform provides to the User; (iii) the contents of those pages that the User can access from links included in the Platform, whether authorized or not; (iv) the acts or omissions of third parties, regardless of the relationship that said third parties may have with the Provider; (v) the access of minors to the Contents, as well as the sending of personal information that they may make; (vi) communications or dialogues in the course of debates, forums, chats and virtual communities that are organized through or around the Link Platform, nor will it be liable, therefore, for any damages suffered by the User as a result of said communications and/or dialogues; etc 

Responsibility regarding technological failures. The Provider will not be responsible in any way, when there are: (i) errors or delays in accessing the Platform when entering the data in the application form, the slowness or impossibility of receipt by the recipients of the confirmation of the request or any anomaly that may arise when such incidents are due to problems in the Internet network, fortuitous event or force majeure or any other unforeseeable contingency beyond the Provider's control; (ii) failures or incidents that may occur in communications, whether deleted or due to incomplete transmissions, so that it is not guaranteed that the Platform services are constantly operational; (iii) errors or damages caused to the Platform due to misuse of the service by the User; (iv) non-operability or problems in the email address provided by the User to send confirmation of the request made. In any case, the Provider undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident. Likewise, the Provider has the right to carry out promotional campaigns during defined time intervals to promote the registration of new members in its service. The Provider reserves the right to modify the electronic commerce conditions, as well as to proceed to the exclusion of any of the terms contained therein.

8. OF THE DATA REQUESTED

The User acknowledges and accepts that, to fulfill the objective of the Platform, it will be necessary for the Provider to collect personal data and sensitive personal data, in order to include it in formats, lists, databases or other physical, digital and/or electronic media, to carry out the proper registration thereof and offer the Services. The Provider is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by the User in this regard. 

For this reason, by accepting these Terms, the User expressly renounces to present any type of claim, demand, lawsuit or legal procedure before any Mexican or foreign authority against the Provider, as well as any person related and/or affiliated with the Provider, including, without limitation, directors, attorneys, representatives, administrators, employees, shareholders and/or agents, present or previous, for any act that arises, or may arise, from the use of the Platform and the Services, or any service derived from said use.

9. PERSONAL DATA

In compliance with the terms provided in the LFPDPPP, the Provider, as responsible for the processing of their personal data, informs the User that the information that the User provides on this Platform will be treated in accordance with what is indicated in the Privacy Notice contained on the Platform. To use or enjoy some of the Content, it is necessary for the User to previously provide the Provider with certain personal data (“Personal Data”). 

By accessing the Platform, or any of the Content in which Personal Data is required, the User is authorizing the Provider to carry out analyzes and studies based on them. The User undertakes to provide true and reliable Personal Data. In the event that the User provides false or confusing information, the Provider does not assume any responsibility for the results that such acts cause to the User, having the power to deny access to the Platform and its Contents, without prejudice to the possibility of requiring any compensation that may apply. 

10. MANAGEMENT OF DATA AND INFORMATION

All information that the User provides, during their access to the Platform, is strictly confidential and will be handled only by internal personnel of the Provider. As referred to in the Privacy Notice, the Personal Data of Users may have the promotion of services as a primary or secondary purpose, for which the User hereby authorizes and expresses their acceptance of the use of their data for statistical, promotional and marketing purposes, as well as any other established in this document or in the aforementioned Privacy Notice. 

11. DATA INDICATORS 

The information that the User provides on the Platform, real or historical, is processed and organized to generate data indicators, which the Provider may use to make decisions relevant to its business, always in a statistical and not individualized manner. The User, in this act, authorizes the Provider to access the information provided and generated on the Platform, in terms of this document and the Privacy Notice.

12. OF THE INFORMATION PROVIDED BY THE USER

The User acknowledges and agrees that the Provider may, during the term of the Services, depend on or use data, material or other information provided by the User, and that this does not require any independent investigation or verification, therefore the Provider will be entitled to rely on the accuracy and completeness of said information to provide the Services. The User is responsible for the information they share with third parties and to whom it is shared, for which reason the Provider is hereby disclaimed from any present or future responsibility.

Likewise, all information that the User publishes by any other means immediately and forever loses its secrecy and confidentiality, releasing the Provider from all responsibility regarding its use and disclosure, subject to the terms and conditions established in the Privacy Notice, when applicable.

13. RESPONSIBILITY AND QUALITY IN THE PROVISION OF SERVICES

The User recognizes that the Platform is a technological tool that is a means for the User to develop a specific activity, for which he accepts that the Provider does not guarantee the quality, suitability and/or availability of the services provided or requested through the use of the Platform and/or through its use. The User expressly recognizes and accepts each and every one of the risks derived from the use of the Platform, releasing the Provider from any present or future liability that may arise. In this sense, the Provider will not be responsible to the User, or any person related to it, for any type of damage or claim derived from deficiencies in the Services, or for any error, omission and/or falsehood in the information provided by the User, whether through the Platform or any other means.

14. EXCLUSION OF WARRANTIES AND LIABILITY

The User is solely responsible for the use they make of the Platform and its Content. The User acknowledges that the information on the Platform and the Services are provided “as is”, without any express or implied warranty of merchantability or fitness for a particular purpose. The Provider does not guarantee the accuracy or integrity of the information, text, graphics, links or other elements contained in the Platform or Content. The Provider does not guarantee the uninterrupted or error-free operation of the Platform and/or its Content. Since all the information referred to in the Platform and its Content is located in the cloud, the Provider does not control or guarantee the absence of viruses in the Content, nor the absence of other elements in the Content that may cause alterations in the User's computer system (software and/or hardware) or in the electronic documents stored in their computer system. 

Any material downloaded or obtained in a manner other than that provided for on the Platform will be under the sole responsibility and risk of the User, with respect to any damage it may cause to the computer system of the device through which the connection is made and/or the loss of data resulting from the download of that material. In no case will neither the Provider nor its suppliers be liable for any damage arising from the use of the Platform or Content, or from not being able to use them (IN PARTICULAR, WITHOUT LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, EXCESSIVE, REMOTE AND/OR CONSEQUENTIAL DAMAGES, DAMAGES, LOSS OF PROFITS, INTERRUPTION OF COMMERCIAL ACTIVITY OR LOSS OF INFORMATION OR DATA AND/OR SECURITY BREACHES), even if the Provider has been warned of such possibility.

15. USE OF COOKIES

The Provider informs the User that, through the use of cookies and similar technologies, it seeks to: i) guarantee the best possible experience on the Platform; and ii) provide the User with information about their service and marketing preferences, thus helping them to obtain appropriate information. If the User requires more information regarding the use of cookies and similar technologies, the Provider makes the Cookie Use Policy available to them. 

16. COMPATIBILITY OF ELECTRONIC DEVICES 

The User will be responsible for obtaining the devices or hardware that are compatible with the Platform and the Services, since the Provider does not guarantee that these will work correctly on any device. Likewise, the User agrees not to use devices, software or any other means to interfere with the activities and/or operations of the Services or the Platform or the databases and/or information contained therein.

17. PLATFORM MAINTENANCE

To carry out maintenance work, the Provider reserves the right to suspend access and/or modify the Content, as well as to eliminate or disable access to the Platform or the Services, without prior notice. Access to the Platform and the Services depends on the availability of the network that the User has, so the Provider will not be responsible for any inability to access it, derived from circumstances that are beyond the control of the Provider, as well as due to fortuitous events or force majeure. The Provider, when it considers it necessary for the correct functioning of the Platform, may make patches, updates, “bug” corrections and minor improvements to the Platform.

18. SUPPORT

The Provider offers the User the technical support service and basic guidance for the use of the tools and functionalities of the Platform, which may be via Online Chat, email, or any other means that the Provider considers convenient and feasible, at the indefinite hours that it also designates for this purpose, upon prior notice. This service will not have any additional cost. Likewise, the User who has requested Support accepts and authorizes the Provider to have full access to all the information provided on the Platform, without any limitation. In this sense and for the benefit of the User, the Provider is obliged to maintain full secrecy and confidentiality with respect to the information to which it has access.

19. INDUSTRIAL PROPERTY AND COPYRIGHT

The Provider authorizes the User to use the Platform, exclusively under the terms expressed herein, without implying that it grants the User any license or authorization, or any type of right other than the aforementioned, with respect to the Industrial Property and Copyright of the Provider, understood as: all trademarks registered and/or used in Mexico or abroad by the Provider; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, industrial secrets, commercial notices, reservations of rights, domain names; as well as all types of economic rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or recognized by the corresponding laws.

The User acknowledges and agrees that the Provider is the legitimate owner of, or has the necessary rights to, the Platform, including the Provider's trade names, trademarks, service marks, logos, domain names and other distinctive brand features contained therein (the “Provider Trademarks”), regardless of whether those rights are registered or not, and regardless of where in the world those rights may exist, and that they are protected by international industrial property and copyright laws and treaties. Therefore, the User accepts that the Provider's Registered Trademarks may not be copied, reproduced, modified, published, uploaded, sent, transmitted or distributed in any way. Unless otherwise expressly stated herein, the Provider does not grant the User any express or implied rights under patents, copyrights, trademarks or trade secret information. The User acknowledges and agrees that the Platform, as well as all its designs, are and will at all times be the property of the Provider.

Feedback. In the event that the User provides any feedback to the Provider regarding the functionality and performance of the Platform (including the identification of possible errors and improvements), the User hereby authorizes the Provider to use, without restriction, all rights, titles and interests in the comments expressed. The foregoing, without this being considered as a moral right of the User to require any participation or monetary remuneration, or restriction on the use of said comments for exploitation by the Provider.

20. OTHER PROVISIONS

The User accepts that a printed version of these Terms, and of any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative procedure.

21. MODIFICATION OF THE TERMS AND CONDITIONS OF USE OF THE PLATFORM

The Provider reserves the right to, at any time, unilaterally modify and/or renew the terms and conditions of use of the Platform without prior notice, with the obligation to publish a message on the Platform containing a notice to the User that certain modifications have been made to the Terms. It will be the exclusive right of the User to accept or reject said modifications. If the User does not agree with the modifications made, they may send a request for cancellation and termination of their account on the Platform to the Email. The Provider undertakes to make the cancellation of the account effective within a period of no more than 30 (thirty) calendar days, from the date of receipt of the User's request.  

Likewise, the Provider reserves the right, at any time and without prior notice, to eliminate or disable the User's access to the Platform. The User will always have the Terms on the Platform in a visible manner, and freely accessible for any queries they wish to make. In any case, acceptance of these Terms will be a prior and essential step to the acquisition of any Service. 

22. DIVISIBILITY 

In the event that any term, condition or stipulation contained in these Terms is determined to be ineffective, illegal or without effect, the same may be excluded from the body hereof and the remainder will continue in force and effect to the extent permitted by law.

23. UPDATES 

The Provider may review and update these Terms at any time, maintaining at all times free access to any user who wishes to know it. The Provider reserves the right to modify, at any time, the presentation and configuration of the Platform, as well as these Terms. Therefore, the Provider recommends that the User read carefully each time they access the Platform. Notwithstanding the foregoing, the User will always have these Terms on the Platform, visibly and accessible at any time. Certain provisions of these Terms may be subject to expressly designated terms and conditions found on the Platform or certain websites.

24. RIGHTS. 

Any right that has not been expressly granted in this document is understood to be reserved to the Provider.

25. APPLICABLE LAW AND JURISDICTION

In all matters related to the interpretation and compliance of the provisions herein, the Parties agree to submit to the federal legislation of Mexico and the jurisdiction of the competent courts in Mexico City, Mexico; renouncing any other jurisdiction that, due to their present or future domiciles, may apply to them.

26. DIGITAL, ELECTRONIC OR ONLINE FORM

The Parties agree that the way to perfect the agreement of wills between them is in Digital, Electronic or Online format, where it will be enough to express their will through the acceptance of these Terms, as well as provide personal data and banking information on the Platform or in the different applications of the licensors, without requiring a signature on any document.

27. ACCEPTANCE OF THE TERMS 

The User acknowledges that, by accessing, subscribing to and using the Platform, the Services and/or Content or derivatives, they express their full and unreserved acceptance and, therefore, their adherence to the version of the Terms published at the time they access the Platform, in terms of what is established by articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89 and other relative and applicable provisions of the Commercial Code and the applicable legislation for Mexico. It is the sole and exclusive responsibility of the User to previously read these Terms and their corresponding modifications, each time they access the Platform. If at any time, the User does not agree, in whole or in part, with these Terms, they must immediately refrain from accessing and using the Platform and the Services provided. Therefore, with the acceptance of these Terms, the User expressly consents to be bound by them, thus entering into an agreement for the use of the Platform with the Provider, for which he declares that he has read the content of each and every one of the provisions and ratifies its content.

28. ENTIRE AGREEMENT

The User acknowledges and accepts that the Provider made available all the information necessary to understand the scope and characteristics of the Platform and the Services. Likewise, you state that, prior to accessing the Platform, you analyzed its characteristics and, consequently, you agree with it.

First publish date: December 14, 2022.

Last modification date: April 7, 2023.