The use of this site or any of its components implies the express acceptance of the terms that are stipulated below.
These Terms and Conditions, hereinafter the "Agreement", will govern digitally the services that are acquired between the Client and DESCIFRA, all legal documents, indistinctly, that are celebrated will be understood as incorporated into this Agreement, which contains terms and conditions applicable to the offer of products incorporated into the website, property of MICRO MERCADOS GEOLOCALIZADOS SAPI de C.V., hereinafter referred to as DESCIFRA.
The use of Internet page grants the general public the condition of user (hereinafter referred toas the "user" or "users") and implies full and unconditional acceptance of each and every one of the conditions general and particular included in these terms and conditions of use, however, it does not give it the character of Client of DESCIFRA.
Any modification to this Agreement will be made when the owner considers it appropriate, being the sole responsibility of the user to ensure that they are aware of such modifications.
Agreement for the website https://www.descifra.com, all product-specific terms may not be applicable to all products and/or services due to updates and innovations; This Agreement is intended to regulate in a general way, the specifications of an incorporated service or any legal agreement that the parties subscribe.
• Any person who enters the website is considered a user.
• Clients are considered to be persons or corporations that acquire the services that this website offers.
The use, storage, distribution, making copies, derivative works, of the content of this site, scraping or extracting data, assembling, inserting malicious program or malicious software, appropriating it as your own, selling or renting your access, developing equal services or similar to the information that this website presents, adapt or rearrange the content or information presented, extract all or part of the information, much less commercially exploit the information or the products or services that are offered or presented on this website.
a) By virtue of the execution of this Agreement, DESCIFRA grants the client the non-exclusive, revocable and non-transferable right to view the websitehttps://www.descifra.com in accordance with what this Agreement and any other legal instrument stipulate. For the purposes of this Agreement,"CLIENT" shall mean the person of any nature who contract the service(which requires a money transaction), and enter the websitehttps://www.descifra.com and/or any of the subpages where content is displayed, including people of any nature or industry and to register and consequently access or have access to any of the services offered through said page.
b) ThisAgreement is a general agreement according to which DESCIFRA may grant temporary, onerous, non-exclusive, revocable and non-transferable licenses of use to the Client to access the services, purchase orders may be required or through the execution of a Purchase Order. Work and/or contract between the Client and DESCIFRA. In the event of any inconsistency between this Agreement, any Addendum and a Work Order and/or contract or purchase order, the order of precedence shall be as follows: (i) Contract; (ii) a Work Order; (iii) PurchaseOrder; (iv) this Agreement; (v) any other legal instrument signed between DESCIFRA and the CLIENT.
Any of the above instruments can be signed by the parties digitally via email and signed on a platform where the parties express their consent to contract services, however, as this Agreement also regulates any user who enters the site website, users adhere to this Agreement even if they have not contracted the services.
c) The user does not receive any license to use this website, and is not authorized to print, copy all or part of it, make presentations or publications with the information that this site publishes and/or stores.
d) As for clients, the use license will be in accordance with the provisions of their contract and/or previously signed annexes, and they are authorized to make downloads allowed by the site, make presentations in their corporation with base information and any information contained or published on the websitehttps://www.descifra.com exclusively for corporate use, the resale of information and the commercial use of the information published on the site is strictly prohibited.
e) In case of being a moral person, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law.
f) The reprint, publication, distribution, assignment, sublicense, sale, electronic reproduction or by any other means, partial or total, of any information, document or graphic that appears on the website https://www.descifra.com, for Any use other than personal and/or non-commercial corporate use is expressly prohibited to the user, unless they have the prior written authorization ofDESCIFRA GLOBAL. If required, the user can contact DESCIFRA by email or telephone.
The user and DESCIFRA agree that the use of the website https://www.descifra.com will be subject to the following rules:
1.Information contained in the site https://www.descifra.com The user acknowledges and accepts that the information published or contained in said site will be clearly identified in such a way that it is recognized that it comes from and has been generated by DESCIFRA.
2. DESCIFRA reserves the right to block access or partially or totally remove any information, communication or material that in its sole judgment may be: i)abusive, defamatory or obscene; ii) fraudulent, artful or misleading; iii)violation of copyright, trademarks, confidentiality, industrial secrets or any intellectual property right of a third party; iv) offensive or; v) that in any way contravenes the provisions of this agreement. If the user wants more information of a specific topic provided by DESCIFRA or its providers, you should consult directly with each of them, as appropriate, and/or with a specialist in the field.
3. Users and clients are obliged to make good use of the website, respecting the laws, regulations and ordinances so as not to cause damage to this site and toDESCIFRA.
4. The user and/or client exempt DESCIFRA from all responsibility for the damages that the use of this site could cause, incidentally or as a consequence of the use or access to their computer equipment, information, property or person.
5. The user and/or client is obliged to always access this website with the best intentions and use it for lawful purposes and in accordance with the applicable legal provisions.
DESCIFRA makes its greatest effort to provide quality in its services, which is why it contracts servers with international security standards, applies exact and punctual measures for the protection of third-party data, in all the services that DESCIFRA provides, people matter and therefore they will not be identifiable, the manipulation of the data that our clients and users share with us go through a process where they are not specifically attributable to the owner.
This site contains security measures to protect the information, but we are not responsible for the alteration once the data is published by the owner.
DESCIFRA does not guarantee the continuity of the supply and publication of this site, nor is it responsible for any loss or damage suffered by the user arising from access to the servers or the use of information or applications contained therein. Although the material contained in this site has been previously reviewed by antivirus, we recommend that you take the appropriate precautions.
Users acknowledge that by providing their personal information required in any of the services provided on this website, they grant DESCIFRA the authorization indicated in articles 108 and 109 of the Federal Copyright Law. In all cases, users will be responsible for the veracity of the information provided toDESCIFRA, which is in accordance with what is specified.
the privacy notice, which we ask you to read, and is available on the website, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties.
For the provision of services, the user is obliged to accept the terms and conditions and the privacy notice.
The service will always have a certain start and end date that will be known as "The term". In order for the provider to provide access to its platform, the user previously had to contract the service, or had to acquire a pilot for free, which in any case, both processes are independent and both must respect the term granted by DESCIFRA.
The Term for this Agreement begins once the user accesses with their controlled access starting to run their service in accordance with the effective date, which is indicated in their contract, annex or purchase order as applicable.
The term of use will always expire upon expiration of the service, or the end date of the purchased service indicated in the last Work Order, annex or purchase order, unless the parties have determined an early termination or suspension of the service for any reason.
The completion or expiration of a Work Order, annex or purchase order will not affect the Services contracted or used by another client or another dependency, area or department that is within the term and that has not been canceled or modified in any way.
a) Terms of payment. Unless otherwise stated in a Work Order, addendum or purchase order, DESCIFRA will invoice the Client for all Services through an annuity and/or monthly installments as agreed by the parties.
b) The customer must pay, by check or bank transfer, each invoice in full upon receipt. Fees for each of the Customer Services licensed on a Work Order or addendum begin to accrue on the Start Date and run until the end of your requests.
c)Disputes. Customers may reasonably dispute any part of an invoice provided that such reasonable dispute is made (a) in writing with sufficient detail as to (i)the nature of the claim, (ii) the amount in dispute, and (iii) the Service ( s)specific(s) and disputed related charges; and (b) within thirty (30) days from the invoice date (after which Customer agrees that all amounts charged on the invoice will be deemed correct). A dispute over any portion of an invoice doesnot relieve Customer of timely payment of the undisputed portion.
d) Ability to pay / security deposit. When requested, the Client will provide DESCIFRA with the information that is necessary and reasonably requested to determine the Client's ability to pay. A security deposit equivalent to two (2) months of monthly fees, or 50% advance payment may be required as established in the WorkOrder, annex and/or a purchase order or at DESCIFRA's decision, prior notice to the client. Upon notice to Customer, the security deposit will be applied to any amounts past due, to any adjustments for extraordinary or unforeseen services that are necessarily required for the Services. If the full security deposit has been applied, DESCIFRA may require Customer to provide an additional security deposit in an amount not to exceed two (2) months of recurring monthly fees, as set forth in the Work Order, purchase and / or annexas appropriate.
In the event of a breach of this Agreement by the Client, DESCIFRA shall have the right to apply the deposit to the damages suffered as a result of said breach, without limiting its available remedies. DESCIFRA shall not be required to hold the security deposit in escrow, separate it, or keep it separate fromDESCIFRA's general funds, but DESCIFRA may combine the security deposit with its general funds and Customer shall not be entitled to interest on such deposit.
e) Late payments. Any undisputed payment not received by DESCIFRA within thirty (30)days of the invoice date will be considered late and will accrue interest at a rate of one and a half percent (1 1/2%) per month (compounded daily). , or the highest rate permitted by applicable law, whichever is lower.
f) Taxes.The Client will be responsible for all taxes related to the provision ofServices for the Client, except the taxes that correspond to DESCIFRA.
g) Credit history. DESCIFRA may, at its sole discretion, report Customer's payment history to reporting agencies.
h) Foreign currency. DESCIFRA can quote its services in the foreign currency it deems pertinent, in which case the client must pay in accordance with the provisions of the corresponding invoice, that is, if DESCIFRA invoices in Mexican pesos, it must be paid in accordance with that currency.
c)Disputes. Customers may reasonably dispute any part of an invoice provided that such reasonable dispute is made (a) in writing with sufficient detail as to (i)the nature of the claim, (ii) the amount in dispute, and (iii) the Service ( s)specific(s) and disputed related charges; and (b) within thirty (30) days from the invoice date (after which Customer agrees that all amounts charged on the invoice will be deemed correct). A dispute over any portion of an invoice does not relieve Customer of timely payment of the undisputed portion.
d) Ability to pay / security deposit. When requested, the Client will provide DESCIFRA with the information that is necessary and reasonably requested to determine the Client's ability to pay. A security deposit equivalent to two (2) months of monthly fees, or 50% advance payment may be required as established in the WorkOrder, annex and/or a purchase order or at DESCIFRA's decision, prior notice to the client. Upon notification to Customer, the security deposit will be applied to any amounts due, any adjustments for external services
a)Services. (i) DESCIFRA agrees to provide the Services to the Client and theClient agrees to pay the applicable software license fees and the Services established in each Work Order, purchase order and/or annex. and, if applicable, a contract signed by an authorized person; and (ii) in the event that the Client requests DESCIFRA to perform consulting or technical services of a specialized nature, the details, deliverables, milestone dates, rates and other pertinent information related to said service will be established in
signed contract Work order, purchase order and/or annex as appropriate.
b) The services provided by DESCIFRA, will be those selected by the Client, DESCIFRA can implement for it tools that it considers essential, such as supports, pages or platforms where it is essential that the Client chooses directly within the catalog of services, those that he needs acquire, and accordingly according to his choice proceeds to the generation of a contract, work order, purchase order and/or annex, it is essential that the Client through an authorized person accepts the acquisition and expresses his will, later DESCIFRA will proceed to start the service through the generation of a contract Work order, purchase order and/or annex, for the client's safety.
DESCIFRA will remain the sole owner and retain all right, title and interest in any services, technical information and/or intellectual property rights ("IPR")provided to Customer hereunder, including, without limitation, all trademarks, names trademarks, service marks, copyrights, computer programs, general utility programs, software, methodology, databases, specifications, system designs, applications, enhancements, documentation, manuals, knowledge, formulas, hardware, audiovisual equipment, tools , libraries, discoveries, inventions, techniques, writings, designs and other intellectual property rights used or developed by DESCIFRA or its agents in connection with the provision of the service herein and all derivative works or improvements ("DESCIFRA Technology "). Any DESCIFRA technology applied to services paid for by anyClient shall not be considered a contract work for hire but an onerous, non-exclusive, non-transferable and non-assignable license to use any IPR provided, solely for the purpose of receiving contracted services, must It is fully understood that the license is not granted to any user who only enters the web page, but to the client who acquires the services and pays either a subscription or the fees or rates that apply to the contracted service that includes the license of use.
DESCIFRA will be free to provide similar IPR to other parties and/or clients and will always retain the right to unrestricted use of any information, and any related concepts, knowledge, techniques or IPR that have been acquired or developed. In addition, the Client agrees to execute and deliver all the documents and carryout all the acts that DESCIFRA deems necessary or convenient to guarantee good service to the client. The client also agrees to cooperate with DESCIFRA when it is reasonably necessary to maintain or enforce their own rights or those of any third party that they claim.
DESCIFRA does not acquire, buy or distribute intellectual property of any third party, solely and for purposes of trust, communication, marketing purposes, requests its clients to give it an express authorization to use its logos or brands, whose validity ends when the services they meet their deadline.
For notification of any infringement of rights, the following is required:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identificationof the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works on a single site in online are covered by a single notice, arepresentative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, your email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DESCIFRA's designated agent to receive notifications of claimed infringement can be contacted by:
DESCIFRA may at any time and when it deems convenient, without the need to notify the user or Client, and make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site , without this giving place or right to any claim or compensation, nor does this imply recognition of any responsibility in favor of the user.
Without the consent of the other party, neither party will issue any publication related to this Agreement, except as required by Law. Notwithstanding, either party may publicly refer to the other, orally and in writing, as the Client/licensee or service provider/licensor of the other, as appropriate, and DESCIFRA may use the logo and/or domain name of the other. Customer on your website, for marketing purposes only, If either party retains an attorney to enforce the terms of this Agreement or to collect any money owed hereunder, the prevailing party shall be entitled to recover reasonable attorneys' fees. attorneys, court costs and other related expenses incurred in connection therewith. The terms and provisions contained herein which, by their meaning and scope, are intended to give effect to, the agreements or the undisputed portion of this Agreement shall survive the termination of this Agreement, including, without limitation, the indemnification provisions and the performance of any payment. This Agreement may contain defined terms that are not applicable to all Services, the specifications of any special or additional service not contemplated in this agreement must necessarily be defined in any other legal agreement signed by the parties.
The Client accepts this Contract subject and subordinated to any mortgage, deed of trust, debt guarantee deed, principal of DESCIFRA, as well as to any renewal, modification, consolidation, refinancing and extension of these. It is understood that DESCIFRA's interest in the Customer Data Center may be to provide you with a better service, not to be the owner of your data.
In this act DESCIFRA may be under the subordination of a third party whose interests fall directly on the products of the services provided.
The user agrees to indemnify DESCIFRA, its affiliates, suppliers, vendors and advisors for any action, lawsuit or claim (including attorneys' fees and court costs)arising from any breach by the user and Client of this agreement; including, without limitation of any of those derived from:
a) Any aspect that refers to the use of your site
b) Conduct in violation of this agreement by the user in the use of the indicated webpage.
c) The violation of applicable laws or international treaties related to copyright or intellectual property of content, services or products available on or through said website.
DESCIFRA does not guarantee the operation of communication networks and therefore assumes no responsibility for the provisions of this website and reserves the right, at its sole discretion, and without the need for notice or notification to the user, to:
a)Terminate the publication of this website temporarily or permanently. b)Definitively terminate this agreement and any service. c) Termination or absence of addendum.
d)Discontinue or definitively stop publishing the website, without any responsibility for DESCIFRA, its affiliates or suppliers.
DESCIFRA reserves the right, at any time and without prior notice, to modify, extend or temporarily suspend the presentation, configuration, technical specifications and services of the website, unilaterally.
These TERMS AND CONDITIONS OF USE, as well as the additional terms, constitute the entire agreement between the parties, which does NOT supersede any other agreement or agreement previously entered into. Any clause or provision of this agreement ,as well as of the additional terms, legally declared invalid, will be eliminated or modified at the discretion of DESCIFRA, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their force, obligation and validity.
The inactivity on the part of DESCIFRA, its affiliates or suppliers to the exercise of any right or action derived from this agreement, at no time should be interpreted as a waiver of said rights or actions.
The use of this site does not require personal data, if at any time the hosted services request them, the data will be governed by our privacy notice and what is stated in numbers 2 and 3 of this agreement.
We invite you to consult our privacy notice.
These terms will be subject to and may be interpreted in accordance with the laws and before the competent courts of Mexico City, renouncing the jurisdiction that may correspond due to present or future domicile or any other cause.