recrowdfunders, SAPI de CV (“recrowdfunders”) requires that all users (each one, a “User”) who use or access the recrowdfunders.com portal (the “recrowdfunders Ecosystem”) adhere to the following terms and conditions of use (the “Terms and Conditions”).
Therefore, it is necessary to carefully read the following Terms and Conditions since, by the simple fact of accessing or using the recrowdfunders Ecosystem, it will be understood that the User has read, accepts and agrees to be bound by these Terms and Conditions. Conditions, as they are modified by recrowdfunders from time to time.
These Terms and Conditions and their periodic modifications, as well as, where appropriate, the Collective Investment Agreement signed by the User with recrowdfunders (the “Play Agreement”), constitute the general rules of use of the recrowdfunders Ecosystem.
In case you do not agree with these Terms and Conditions, you must refrain from using the recrowdfunders Ecosystem.
Use and restrictions
By simply using the recrowdfunders Ecosystem, the User expresses his full consent and unreserved adherence to these Terms and Conditions.
Through the use of the recrowdfunders Ecosystem, the User may access, and / or use, the various services and content (the “Services and / or Content”) made available to Users by recrowdfunders and / or by third party providers of services that, from time to time, can offer their services through the recrowdfunders Ecosystem (each one, a “Service Provider”).
The use of the Services and Contents of the recrowdfunders Ecosystem is the sole responsibility of the User, who at all times must use them in accordance with the functionalities that are offered and allowed in the recrowdfunders Ecosystem itself and with the uses authorized in these Terms and Conditions. . In this sense, the User undertakes to use the Services and / or Contents of the recrowdfunders Ecosystem in such a way that they do not violate the rules of use and coexistence on the Internet, the laws of the United Mexican States and / or current legislation in the country in which the User is when using them, good customs, the dignity of the person and the rights of third parties.
The recrowdfunders Ecosystem is offered to be used in a personal, private and particular way by the User, so it cannot in any way be copied, modified, licensed, published, reproduced or used for commercial purposes. The use or application of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Services and / or Contents of the recrowdfunders Ecosystem is expressly prohibited. .
recrowdfunders will have, at all times, the right to deny, restrict, suspend, cancel or condition the User’s access to and / or use of the recrowdfunders Ecosystem, either totally or partially, temporarily or permanently and without the need for prior notice, if the User violates any of the stipulations of these Terms and Conditions or the Play Contract, if he commits any act contrary to the applicable laws in force, if his identity could not be verified, if any information provided by him is false or by any other cause, at the sole discretion of and without responsibility for recrowdfunders. Likewise, recrowdfunders will have the right to modify the Services and / or Contents of the recrowdfunders Ecosystem, without the foregoing being considered a breach of either recrowdfunders,
The User acknowledges and accepts that not all the Services and / or Contents are available in all geographic areas and that some Services and / or Contents may only be used after the User’s request, the corresponding registration, prior registration or any other requirement established by recrowdfunders and by paying the commissions indicated below:
Once the investment round is successfully funded. That is, when the project in question exceeds the minimum goal and the funding deadline is met, recrowdfunders will proceed to collect the investment commitments made in accordance with the provisions of the Play Contract and as part of its model business, will charge the investor user a commission equivalent to 5% (five percent).
This commission will be charged for the investment made, including Wallet and calculated on the amount that the investor user decides to invest in the project (s) available on the Platform, plus the corresponding VAT. The foregoing, with the understanding that the Amount Acquired with Wallet is a discount that is applied to the amount actually invested and therefore recrowdfunders will consider the full investment amount to calculate the aforementioned commission.
Likewise, recrowdfunders will charge the user the applicable bank commission plus the corresponding VAT, which may vary depending on the issuing bank and the type of operation carried out to carry out the transaction.
On the other hand, recrowdfunders will charge, directly to the Applicant, the amount in National Currency equivalent to 5% (five percent), calculated on the Total Amount Invested by all Investors, plus the corresponding VAT.
Quality of services and content
The information contained in the recrowdfunders Ecosystem has been included and / or prepared by recrowdfunders in order to provide general information to Users. The opinions, estimates and projections that, where appropriate, are included in the recrowdfunders Ecosystem, may be modified according to changes in expectations and in the political, economic and general conditions of the financial markets, both national and foreign. recrowdfunders reserves the right to update, change, modify or delete the information included in the recrowdfunders Ecosystem, at any time and without prior notice.
The information that recrowdfunders makes available to Users through the recrowdfunders Ecosystem is of a general nature and has been obtained from sources that are considered reliable; however, recrowdfunders does not guarantee its veracity. The intention of providing this information does not imply the issuance of value judgments or investment suggestions or recommendations by recrowdfunders, its directors, officers, executives, employees, proxies, advisers or third parties. Therefore, the information, opinions, estimates and projections expressed in the recrowdfunders Ecosystem are merely illustrative and should be considered by the User exclusively for informational purposes.
Neither recrowdfunders, its subsidiaries and / or affiliates, nor its suppliers or business partners will be responsible for any loss or damage suffered by the User as a result of delays, inaccuracies, errors or omissions of any kind, changes or improvements that are made periodically to the Services and / or Contents, or the results obtained from the use of the information contained in the recrowdfunders Ecosystem.
Some tools that are available in the recrowdfunders Ecosystem provide general information on financial or investment matters based on personal information that the User provides, so the results should not be considered as an investment offer, proposal or recommendation. The User is solely and ultimately responsible for determining whether an investment, product, plan, portfolio, investment strategy or service is appropriate for him, based on his investment objectives and personal financial situation.
recrowdfunders does not guarantee or endorse the truthfulness, accuracy or reliability of any information, content or advertising contained in, distributed through, linked, recorded or accessed through the recrowdfunders Ecosystem, nor the quality of any product, information or other materials. exhibited, acquired or obtained by the User as a result of any publicity or any information or offer contained in, or related to the Services and / or Contents or the recrowdfunders Ecosystem.
Instructions and operations
The operations that can be carried out through the recrowdfunders Ecosystem, as well as the way of issuing instructions to carry them out, will be governed by the terms and conditions established in the Play Contract.
recrowdfunders does not assume any obligation to guarantee returns, nor to be responsible for the losses that the User may suffer as a result of the operations arranged through the recrowdfunders Ecosystem, in accordance with its Play Contract and in terms of current legislation.
The User acknowledges that the instructions or orders transmitted through the recrowdfunders Ecosystem or any other means, will be made with full knowledge of the risks involved in the operations ordered and that they are carried out without having obtained any advice from recrowdfunders with respect to each operation. Based on the foregoing, the User releases, absolutely and without limitation, recrowdfunders from any liability that may arise from the results of the operations that the User has instructed or ordered through the recrowdfunders Ecosystem and in accordance with the provisions of the Play Contract.
Risks
By accepting these Terms and Conditions, the User declares that they have carried out their own analysis of the legal, fiscal, financial and patrimonial consequences (among others), of making an investment commitment and its consequent consolidation. Including the advantages of investing, the risks involved and the investment objectives themselves.
Likewise, it states that its investment decision is based on said analysis, for which it acknowledges that it does not consider the information presented through the recrowdfunders Platform as legal, tax or investment recommendations and assumes that it is its responsibility to consult its own professional advisers. regarding the acquisition, participation or disposal of your investment.
Therefore, in this act, it releases recrowdfunders from any responsibility in this regard, granting the broadest settlement that is applicable in law.
Likewise, without limitation, but not limited to, you acknowledge having analyzed, evaluated and weighted, at least, the following risk factors before making your investment:
1. Related to equity investment and royalties and the crowdfunding industry:
A. Some venture capital investments have a long-term horizon and do not guarantee a return.
B. Investments in the Vehicle are of medium risk and the lack of diversification of the investments of the Players may cause the expected results not to be obtained.
C. The crowdfunding industry is in the process of change and is currently not a fully developed industry in Mexico, so I recognize that the conditions of the industry as well as the regulations applicable to it may vary.
D. The regulation approved by the competent authority could negatively affect the investment made in the Vehicle.
E. recrowdfunders may have to make adjustments to the investment terms to comply with applicable regulations.
2. Related to the Maker and the Operating Company:
A. There are certain systemic risks connected with the Industry of the Operating Company.
B. Where appropriate, the Maker and / or the Operating Company may not have sufficient operational history to predict suitable future behavior.
C. The past performance of the Project and / or the Operating Company is not an indication of their future.
D. Conflicts of interest may arise between the Maker, the Operating Company, recrowdfunders and the Players.
E. Makers could be substituted.
F. There may be non-compliances in the Contribution Period that affect the viability of the Project.
G. Makers may participate in various professional activities.
H. The destination of the resources obtained through the Investment may vary.
3. Related to the structure of the operation:
A. The investment is uncertain; does not guarantee returns or that their value will be reimbursed to the Players.
B. The return that corresponds to the Players will be less than the gross return derived from the legal relationship between the Vehicle and the Operating Company, when they are affected by tax charges that the Vehicle must pay (for example, payments and tax withholdings) .
C. Returns may be affected by the operation and administration carried out by the Operating Company.
D. There is no obligation to pay principal or interest.
E. Neither the Vehicle nor the Operating Company have any credit report, nor has its valuation been approved by any independent third party, nor is it validated in any way by recrowdfunders.
F. The investment strategy involves making investments in minority interests in which you do not have a significant influence to protect your investment.
G. The investment has limited liquidity since only transfers of shares and / or Series P Shares can be made through the Platform and with the restrictions established by recrowdfunders.
H. The Vehicle may not have an adequate corporate governance regime.
I. Failure to deliver information or documentation by the Operating Company may affect the ability of Players or Series P Shareholders to dispose of.
J. By virtue of their participation percentages, the Players will be passive investors of the Vehicle and the administration of the Project will be entrusted solely to the Operating Company and / or the Makers.
K. There are certain tax regimes in Mexico (such as the tax incorporation regime) that prohibit people who pay taxes under these schemes from acquiring shares. When shares are issued in favor of Players, they may see their tax regimes affected by these circumstances.
L. The value of the shares inherent to the Vehicle depends entirely on the cash flows paid by the Operating Company, since they do not exist, the value of the shares may decrease.
4. Related to the economic situation of Mexico:
A. Interest rates and exchange rates have fluctuations that could have a negative effect on the real return generated by investments for Players.
B. The economic situation of the country can change negatively.
C. The Mexican government may carry out significant changes in laws, public policies and / or regulations that may affect the political and economic situation in Mexico.
D. A local or international financial crisis may affect the financial situation of the Operating Company and consequently the value of the Vehicle.
E. Tax reforms can be introduced unexpectedly that affect investments.
F. Investments in Mexico are risky.
G. Events in other countries could affect the Mexican economy, the financial situation and results of operations of the Operating Company and the Vehicle.
Distinction of the operations that can be carried out
recrowdfunders does not guarantee the availability and continuity of the operation of the recrowdfunders Ecosystem and the Services and / or Contents, nor the usefulness of the recrowdfunders Ecosystem or the Services and / or Contents in relation to any specific activity. The User releases recrowdfunders from any liability that, for any damage or injury of any nature, may arise due to the lack of availability or continuity of operation of the recrowdfunders Ecosystem and / or the Services and / or Contents.
In this sense, the User expressly accepts that recrowdfunders will not be responsible for any damage, loss or loss that arises in relation to failures in performance, error, omission, interruption, defect, delay in the operation or transmission of the recrowdfunders Ecosystem, or on the Internet, nor by any computer virus or system or line failure that could infect or affect the User’s equipment as a result of access or use of the recrowdfunders Ecosystem or as a result of any transfer of data, files, images, texts, or audio contained therein; Nor will recrowdfunders be responsible for damages or losses that are caused as a result of deficiencies, flaws, failures or other problems that originate from the installation, adaptation and connection of the User’s systems,
In order for users to have the ability to unequivocally distinguish what type of operations they can perform through the recrowdfunders Ecosystem, the platform has the following elements:
1. Clearly visible differentiating label located below the name and logo of the requesting company, which specify whether the investment has the character of collective royalty funding or if it is capital.
2. On the home page of each applicant company, where all the information about the investment round is found, the first piece of information that the user will see will be the type of investment so that it can be clear whether it is a collective royalty funding investment or capital.
3. The main information of the investment round changes according to the type of collective financing that the applicant company is carrying out. In the case of a capital collective financing, the pre-money valuation is considered and the percentage of participation that the company is selling, on the other hand, for a royalty collective financing the estimated annual return and the estimated years of recovery are considered from the investment.
4. In the FAQ’s section of each company, the user can also find the investment investment modality for each applicant company.
5. Finally, the body of the contract details how the investment works for each applicant company and in this way the user can also differentiate the type of investment that he is making.
The user will have the ability to invest through the recrowdfunders Ecosystem, in any of the available companies, only if they have provided the necessary data and documentation requested in the “profile” section and these were validated by the recrowdfunders compliance officer.
In case of not being validated, the user will not be able to complete his investment and it will be canceled without making any charge to the user.
Likewise, the user will have the ability to consult their active investments, the amount invested, the payments made, their certificate and their share certificates, as well as the reports of each of them through the platform from their profile.
The user may request investment through the platform, only if he has provided the data and the necessary documentation requested in the profile section and these were reviewed and approved by the recrowdfunders team.
Resource management
recrowdfunders will not maintain, nor does it maintain customer resources in virtual accounts. However, in case of maintaining client resources, this section will be modified and it will be explained what will be the destination of the resources or the use that will be given to them during the period of inactivity or investment indecision by the Client.
At all times, recrowdfunders will segregate and maintain Clients’ resources in accordance with the provisions of the account segregation policy that for this purpose is presented and approved by and before the National Banking and Securities Commission.
recrowdfunders Ecosystem Availability
recrowdfunders does not guarantee the availability and continuity of the operation of the recrowdfunders Ecosystem and the Services and / or Contents, nor the usefulness of the recrowdfunders Ecosystem or the Services and / or Contents in relation to any specific activity. The User releases recrowdfunders from any liability that, for any damage or injury of any nature, may arise due to the lack of availability or continuity of operation of the recrowdfunders Ecosystem and / or the Services and / or Contents.
In this sense, the User expressly accepts that recrowdfunders will not be responsible for any damage, loss or loss that arises in relation to failures in performance, error, omission, interruption, defect, delay in the operation or transmission of the recrowdfunders Ecosystem, or on the Internet, nor by any computer virus or system or line failure that could infect or affect the User’s equipment as a result of access or use of the recrowdfunders Ecosystem or as a result of any transfer of data, files, images, texts, or audio contained therein; Nor will recrowdfunders be responsible for damages or losses that are caused as a result of deficiencies, flaws, failures or other problems that originate from the installation, adaptation and connection of the User’s systems,
Identification and authentication mechanisms and procedures
1. Authenticity of the Site
Access to the recrowdfunders Ecosystem can only be done through a web browser.
recrowdfunders allows its customers to verify its authenticity by using a single base URL https://playbusiness.mx/
2. Login
To allow its clients to log in to the Ecosystem, recrowdfunders requests that the user provide the combination of the Client Identifier, which consists of their email address plus an Authentication Factor (Factor 1) consisting of a Password of Access.
The email address, as a customer identifier, is unique for each customer and allows recrowdfunders to identify all the Operations carried out by it.
In addition, recrowdfunders uses the following authentication factors:
to. Access Password: The user defines and confirms his access password when registering his account.
Use: Access to the platform
Validity: Permanent
Attempt limit: Three
Access Password Features:
- Minimum length of eight characters, which includes alphanumeric and special characters.
- It does not allow the use of the customer’s identifier, the word recrowdfunders, more than three identical characters consecutively, nor more than three numerical and alphabetic characters sequentially.
The recrowdfunders Platform allows the user to change their Access Password at any time.
b. 6-digit Access Code sent via SMS: It is used as the Second Authentication Factor to carry out operations, it consists of sending a dynamic six-digit single-use code (OTP) that the recrowdfunders Platform sends to the number mobile phone number that the client provided at the time of registering their account, and the possession of the same was validated by the Platform.
Use: Authorization of operations
Validity: 120 seconds or when used
Attempt Limit: Six-digit Numeric OTP
c. 6-digit Access Code sent via text message or phone call:
It is used as a Second Authentication Factor to carry out operations, it consists of sending a dynamic six-digit single-use code (OTP) that the recrowdfunders Platform sends to the mobile phone number that the Client provided at the time of registering their account, and possession of it was validated by the Platform.
Use: Authorization of operations
Validity: 120 seconds or when used
Attempt Limit: Six-digit Numeric OTP
3. Impediment to reading identification and authentication information on the screen of the access device
The recrowdfunders Platform has a masking and encryption functionality of the access password and the second authentication factor while the user captures it.
The control in which the authentication factors are captured does not support the copy function.
4. Storage
To store passwords, recrowdfunders uses an encryption method called “OpenBSD bcrypt () password hashing algorithm” .
When the user enters their password, it goes through an encryption process that generates a value, which is saved by recrowdfunders. The way in which it is verified that the factor is correct when the client enters, is by re-executing the same encryption process in which the encrypted password provided by the client is compared with the one stored.
In the case of the second factor of authentication, the code is generated and sent to the client, and recrowdfunders stores an encrypted version of the code sent to the client to maintain the anonymity of the client. When the Client captures it on the Platform, the latter uses the same encryption protocol used to store the encrypted version to process the captured value and verify its validity through the encrypted versions.
5. Security of Authentication Factors
The generation, blocking and resetting of the Access Password is always in the hands of the Client, recrowdfunders does not generate or deliver Access Passwords by any means to its clients.
recrowdfunders only requests the entry of Passwords in the registration and authentication flow of its clients. The Access Password is not requested from the client by any other means.
In the event that a client’s Access Password is compromised, the Second Authentication Factor is not vulnerable since it consists of an OTP sent to the client’s mobile phone through an SMS or programmable voice phone call.
In the delivery of the Second Authentication Factor, recrowdfunders ensures that only the client receives it, by using the client’s mobile phone as a means of delivery, which has been verified by recrowdfunders.
There are no algorithms or procedures available for recrowdfunders employees to know, decrypt or retrieve the values related to the authentication factors of recrowdfunders customers.
recrowdfunders employees are prohibited from asking their customers for partial or complete information regarding Authentication Factors.
6. Locking and Unlocking the Access Password
The User Access Password is blocked when the user tries to enter the Platform using an incorrect password. Users have a maximum of three attempts to enter the Access password, after this number of attempts, the Password is blocked.
The User Access Password is also automatically blocked when the client has not entered the Platform for a year.
The unlocking procedure requires a Second Authentication Factor, which is described in the Manual for the Use of Electronic Media under which recrowdfunders is governed.
7. Authorization of Operations, its confirmation and its notification
The authorization of Operations by the Clients in recrowdfunders requires the capture of a Six-digit Second Authentication Factor sent to the client via SMS or telephone call to the client’s mobile phone.
The Operations for which recrowdfunders requires a Second Authentication Factor are the following:
- Make investment commitments or withdraw your resources.
- Registration or modification of Destination Accounts.
- Change and unlock the Access Password.
- Registration and modification of the means of notification.
- Inquiries of account statements of one or more periods.
Before executing the instructions to make investment commitments, the Ecosystem displays a screen in which it summarizes its characteristics, to give the Client certainty of the Operation being carried out.
The Operations carried out by the Clients are notified to them through the email defined by them as a means of notification. Likewise, when the Client requests the change of email for the notification of operations, this is notified both to the previous email, and to the new one.
8. Protection against third party access
recrowdfunders automatically terminates the session when there is inactivity for more than five minutes in a customer-initiated session.
Whenever there is a login from a device that has not previously logged in, the client is notified to the email that he has defined as a means of notification, in the email he is urged to take actions to protect his account in case it does not recognize the access.
In the event that an access attempt occurs while the Client has an active session, the Platform prevents access to the second session, informs through a Pop Up whoever tries to access the impossibility of having two active sessions, so it is It is necessary to close the other session in order to open the requested one, and notifies the attempt to access the email that the client has defined as a means of notification.
When during the course of a session, the Platform detects relevant changes in the communication parameters, the session is immediately terminated and the user is notified to the email that has been defined and validated in their account.
What is described in this section can be seen in the procedure “Validation of simultaneous sessions of a client”.
9. Cancellation of Clients and disabling of Authentication Factors
An Investor Client can only unsubscribe once they have sold all of their shares in the secondary market and it is verified that they have no obligation or pending right to exercise.
Once it has been replaced by another investor client, the recrowdfunders Platform disables the Authentication Factors of the investor client that has transmitted their participation.
A Requesting Client who has raised funds for their project, has no possibility of unsubscribing as a recrowdfunders client, since they have obligations with the investor clients who contributed resources. However, a Requesting Client has users registered on the platform who have various powers or privileges, and the Requesting Client Administrator may request recrowdfunders to remove or replace a user, in which case, recrowdfunders disables the identifier and Access Password of the user canceled.
10. Links to third party pages
In the links that direct users to third-party pages that exist in the recrowdfunders Ecosystem, there is a functionality so that the moment a User selects the link, they are informed that from that moment, they will leave the recrowdfunders platform, and therefore the security of the third party page does not depend on or is the responsibility of recrowdfunders.
11. Resolution of Client Queries
recrowdfunders does not have remote channels, such as Call Centers or Electronic Messaging Channels, to attend to customer inquiries.
Clients who make inquiries by phone or in person at the recrowdfunders offices are asked to channel their inquiries through E-mail or on the recrowdfunders website in any of the options indicated.
All inquiries made by customers through the aforementioned electronic means will be on the recrowdfunders website in the “Frequently Asked Questions” section.
12. Investment limits through the recrowdfunders Ecosystem
The investment amount of a user through the recrowdfunders Ecosystem to the same Project may not exceed a maximum of 5% (five percent) of the required financing amount or the equivalent in national currency to 167,000 investment units.
Representation
with the resources that could come from the payments made by the Projects, in order to increase the perceptions that the User could receive for their investment in them. Non-acceptance of the provisions of these Terms and Conditions will restrict the User to carry out and carry out operations through the recrowdfunders Ecosystem. recrowdfunders will inform the User at all times of the characteristics of the investment made on its behalf and on its behalf, for which it will make available, through the recrowdfunders Ecosystem, the amount invested, the type of government instrument in which it is have made the investment and the returns obtained from it. Non-acceptance of the provisions of these Terms and Conditions will restrict the User to carry out and carry out operations through the recrowdfunders Ecosystem. recrowdfunders will inform the User at all times of the characteristics of the investment made on its behalf and on its behalf, for which it will make available, through the recrowdfunders Ecosystem, the amount invested, the type of government instrument in which it is have made the investment and the returns obtained from it. Non-acceptance of the provisions of these Terms and Conditions will restrict the User to carry out and carry out operations through the recrowdfunders Ecosystem. recrowdfunders will inform the User at all times of the characteristics of the investment made on its behalf and on its behalf, for which it will make available, through the recrowdfunders Ecosystem, the amount invested, the type of government instrument in which it is have made the investment and the returns obtained from it.
recrowdfunders will refrain from privileging the interests of the User over another or acting with conflicts of interest in the execution of this mandate.
Linked third party goods and services
recrowdfunders may, from time to time, from the recrowdfunders Ecosystem, offer, through links, icons, banners or others, links to other sites or Web pages of various independent service providers (the “Independent Service Providers”) that may be of interest to the User; The foregoing in the understanding that the services and contents of the linked sites have been developed and are independently maintained by said Service Providers, so it cannot be considered that there is any type of association or relationship between recrowdfunders and said third parties. In this sense, the User acknowledges and accepts that recrowdfunders will not be responsible for changes in the links or their addresses, as well as for the updating, quality, veracity,
The products and / or services of third parties that are marketed within the recrowdfunders Ecosystem and / or on the sites of the linked Service Providers, will be supplied by independent merchants to recrowdfunders, for which recrowdfunders will not have any obligation or responsibility regarding to the delivery or not of the respective services or contents of such Service Providers or of the precision, totality, quality or timeliness of the same.
Regarding the services and content provided by the Service Providers within or through links to the recrowdfunders Ecosystem, the User acknowledges and accepts that the recrowdfunders function is limited exclusively, and for the User’s convenience, to: (i) inform the User the existence of such services; and (ii) provide a means to put the User in contact with the Service Providers.
recrowdfunders is not and cannot be considered as a provider of the goods and / or services offered on the pages and / or sites of the Service Providers. The inclusion of said pages and / or links does not imply the approval, endorsement, sponsorship, recommendation or guarantee, by recrowdfunders, of the services and goods that are marketed in them or of the content of said pages. There is no type of employment relationship, association or partnership between recrowdfunders and said Service Providers. All advice, advice, statement, information and content of the pages of linked Service Providers or within the recrowdfunders Ecosystem represent the opinions and judgments of said Service Provider, consequently, recrowdfunders will not be responsible for any damage or harm suffered by the User as a result of the same, including, but not limited to, damages caused by economic losses and loss of data or programs. recrowdfunders does not guarantee or assume any responsibility for damages of any kind that may be caused by the operation, availability, accessibility, continuity, maintenance of services, information, data, files, obligations, offers, products and any kind of material. existing on the linked sites.
Consequently, the User must exercise extreme caution in evaluating and using the services, information, data, files, products and any kind of third-party material on the sites of the linked Service Providers. Access to any site linked to the recrowdfunders Ecosystem is at the User’s own risk and responsibility.
Therefore, the User understands that the client-provider relationship or with third-party service provider sites will be exclusively between them and the User, and under no circumstances with recrowdfunders, so they will not have any legal action for claim, complaint. or any other, against recrowdfunders, in case of breach by the Service Provider or any site owned by third parties.
Access codes and confidential numbers
The user codes, personal identification numbers and, where appropriate, the dynamic codes (the “Access Codes”) that recrowdfunders assigns to the User to access and use the Services and / or Contents of the recrowdfunders Ecosystem, are personal. , confidential and non-transferable so, at all times, the custody and use of said Access Codes will be the sole responsibility of the User.
Confidentiality
recrowdfunders undertakes to keep confidential the information it receives from the User of this nature, in accordance with the legal provisions applicable in the United Mexican States and in terms of the recrowdfunders Privacy Notice. The User acknowledges and accepts that recrowdfunders will not be responsible for keeping confidential any other information that the User freely provides, either when registering for the recrowdfunders Ecosystem or at any later time, whether in any public way. or that should not be considered as confidential in terms of the applicable legal provisions, including that information that the User provides through communications, newsletters, blackboards or online chat (chats),
Processing of Personal Data
For more information on the processing of personal data of recrowdfunders Ecosystem Users, please refer to the recrowdfunders Privacy Notice available at recrowdfunders.com
cookies
The User who has access to the recrowdfunders Ecosystem agrees to receive the Cookies transmitted to them by the recrowdfunders servers. A “Cookie” is a data file that is stored on the hard drive of the User’s computer when the User has access to the recrowdfunders Ecosystem.
Cookies may contain information such as the identification provided by the User or information to track the pages that the User has visited. A Cookie cannot read the data or information from the User’s hard drive or read the Cookies created by other sites or pages.
Prohibitions
The User agrees not to use the recrowdfunders Ecosystem to carry out activities contrary to the law, morality, accepted good customs or established public order, including without limiting activities with illegal, prohibited or harmful purposes or effects of rights and interests of third parties, releasing recrowdfunders from any liability that may arise from all of the above.
The use of the recrowdfunders Ecosystem in any way that could damage, disable, overload, saturate or deteriorate any equipment, computer system, telecommunications equipment, recrowdfunders server, or any network connected to recrowdfunders servers and the content incorporated and / or stored therein. Likewise, the recrowdfunders Ecosystem may not be used in a way that interferes, prevents or limits the normal and correct use and enjoyment of any other User or the recrowdfunders itself.
The User acknowledges that he does not have the right to and, therefore, accepts and undertakes not to place hyperlinks from and to the recrowdfunders System, nor to place or use the Services and / or Contents of the recrowdfunders Ecosystem on their own sites or pages. or from third parties without prior written authorization from recrowdfunders.
In this sense, recrowdfunders reserves the right to remove any offensive or defamatory comment that does not have a direct relationship with the purpose of the platform or the Project in question.
Intellectual property
Industrial or intellectual property rights, including without limitation the trademarks, logos, commercial notices, distinctive signs, trade names, patents, industrial designs, designs and domains exhibited in and / or derived from the recrowdfunders Ecosystem and / or the Services and / or Contents, as well as the rights of use and exploitation thereof, including without limitation their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of recrowdfunders or the legitimate owner thereof and are protected by law. and applicable international treaties. The User does not acquire nor may acquire any industrial or intellectual property rights by simply using the Services and Contents of the recrowdfunders Ecosystem and, at no time,
The User agrees that the provisions established in the previous paragraph are also applicable to the rights of third parties regarding the Services and Contents of the pages linked to the recrowdfunders Ecosystem.
Modifications
By accessing the recrowdfunders Ecosystem, the User understands and accepts that recrowdfunders will have, at all times, the right to modify these Terms and Conditions, without prior notice. Consequently, the User accepts that it is his obligation to periodically review these Terms and Conditions and read them each time he intends to use the recrowdfunders Ecosystem.
Certain Services and Content offered to Users in and / or through the recrowdfunders Ecosystem are subject, where appropriate, to their own particular conditions that replace, complete and / or modify these Terms and Conditions (hereinafter, the “Particular Conditions ”). Consequently, when applicable, the User must also carefully read the corresponding Particular Conditions before accessing any Services and / or Contents.
Applicable Laws and Jurisdiction
For the interpretation, compliance and execution of these Terms and Conditions, the parties agree that the federal laws of the United Mexican States and competent courts located in Mexico City will be applicable, expressly waiving any other jurisdiction or jurisdiction. that may correspond to them due to their present or future addresses or for any other reason.