Terms of Service
Welcome! These Terms of Service (the "Terms" (the "Terms") govern your use of Intelimotor Solutions.) govern your use of Intelimotor Solutions. Capitalized terms used in these Terms of Service, but not defined below, are defined in Intelimotor's Intelimotor Customer Agreement or other agreement with us governing your use of the Services (the "Agreement"). These Terms constitute what You may or may not do when interacting with the Solutions. Anything not covered by these Terms shall be construed as impermissible and reserved to Intelimotor's sole discretion.
In the event that you are reading this translated agreement, you are advised that the translation is for informational purposes only. In the event of any discrepancy or conflict between this translation and the original Spanish version, the Spanish version shall prevail.
Services Offered
Intelimotor offers a wide range of Solutions, including but not limited to: Applications, Websites, Integrations, Trainings, Support, Consulting, Software Development among others to help our Clients facilitate and optimize their business. The foregoing, as well as any modifications, enhancements and/or derivative works thereof, constitute as Intelimotor Solution that may be offered for your use. In addition to these Terms, some Services may additionally be subject to Service Level Agreements (SLAs). Service Level Agreements (SLA's).. All performance and/or use of the Services or specific Solutions shall be governed by the provisions of these Terms of Service and the Service Level Agreements.
Data Security
Your data is safe with Intelimotor. Our cloud infrastructure is robust and does not allow direct access to our servers that store sensitive data from the outside. Also, your data is protected from catastrophes and always available as it is replicated internally across different data centers in real time. All passwords and API keys are encrypted and shared credentials to access your external accounts are encrypted with the most robust and strongest cryptographic algorithms.
Acceptance and Rights
Pursuant to Article 93 and other applicable articles regarding Data Messages of the Code of Commerce and 1803 of the Federal Civil Code, as well as the related legal provision in your country of origin, it is considered that: by entering, browsing, transacting and/or using Intelimotor Solutions, you are accepting the Terms of Servicewhich are mandatory and binding. Regardless of the signature or absence of signature of the Terms, or whether or not there is any means of acceptance (including a click, accept button or any act of express consent), they shall be deemed consented.
You acknowledge that agreeing to the Terms has the same legal effect as if you had given your physical or digital signature on a contract and agree that your consent will be collected electronically. You also agree that Intelimotor may at any time request to verify the authenticity of your data collected electronically. If you are representing an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Anyone who does not agree to these Terms, which are mandatory and binding, should refrain from using the Solutions. You are deemed to have evaluated the liabilities and associated risks and to have taken all necessary steps available to you to avoid or reduce any unacceptable liability and risk. If you do not agree to these Terms, you must discontinue use of and access to the Solutions. All content and services offered to you through the Solutions are directed exclusively to to: (a) persons of legal age and (b) with legal capacity to contract, by accepting these terms and conditions, you hereby declare and agree that you are of legal age and have the necessary capacity to be bound by these terms.
Indistinctly, you may not copy, reproduce or publish any content of the Solutions without prior authorization from Intelimotor, you may only use the content and the Services for the purposes and object of the Services. You are responsible for the information that you have provided, displayed, reproduced or in any way have made available to Intelimotor. Therefore, such information may not contain, including but not limited to, any of the following:
- Hyperlinks or URLs that contain material or content that is inappropriate, defamatory, used for fraud or contains viruses;
- Material or information protected by intellectual property legislation, industrial, copyright or privacy rights of third parties;
- Material that is sexually explicit, obscene, defamatory, racist, related to terrorism or violence, and, in general, any material that disturbs the social order and that is considered offensive or inappropriate. Intelimotor is the sole authority to determine what material is considered inappropriate in relation to the purposes of the Site.
All information that you enter to the Solutions in order to participate in the object of the same, must be true and accurate, so it is forbidden for you to assume a false identity, sending information that lacks truthfulness, is misleading or contrary to the purposes or object of the Services.
Intelimotor reserves the right to deny access to the Services in case you use it for purposes other than those indicated in these Terms or for activities contrary to morals and good customs recognized in the applicable practice and legislation.
Access and License(s)
By contracting Intelimotor Solutions, you are granted in your favor during the term of your contracting of any Intelimotor Solution(s), a License(s) of limited, personal, non-exclusive, non-transferable use of the contracted Intelimotor Solution(s). This license(s) does not include any resale or commercial use of the Solutions, including but not limited to our sites, applications, integrations, developments, software, trainings, and any other services/solutions or their contents.
You shall at all times consider your account to be for your personal use only and shall not permit anyone else to use your account. The Services are intended as stated in these Terms and any use of the Services for any other purpose is prohibited.
Content
You acknowledge that the use and access to Intelimotor Solutions does not imply any intellectual property rights over the same, its content or any of its elements, unless strictly this has been provided under the premise that it is the holder of the respective rights. Likewise, you agree not to copy, reproduce, distribute or use in any way the content, whether for profit or not for profit, manipulate or modify the trademarks, information, commercial notices, images, videos, or any other element of the Solutions.
You have the right to provide or add information to any of the content of the Services in the media made available to you through the Solutions. You are solely responsible for your own content and for the consequences of submitting and publishing it. Therefore, you agree that you must submit to the process of release or publication of content that Intelimotor considers for that purpose at its strict discretion, in accordance with the provisions of these Terms. Intelimotor recognizes that you are the owner of the intellectual rights that your own content may contain, however, by sending, publishing, adding or providing it as part of the Services through the Solutions, the registered User grants Intelimotor a non-exclusive, perpetual, irrevocable, free, sub-licensable and transferable license to use, reproduce, disseminate and communicate the content as long as it is through and for the purposes of Intelimotor's Services.
You acknowledge and agree that access and use of the Solutions is under your strict responsibility, so you hereby waive the exercise of any legal action against Intelimotor for the information displayed in the Solutions, and, in the event that you are a party to any legal action against Intelimotor, you agree to hold Intelimotor harmless.
Intelimotor reserves the right, but not the obligation, to monitor Content uploaded to the Solutions, including profiles, postings, messages or any other Content. Intelimotor may, at its sole discretion, remove any information and material that, in its opinion, (i) violates or may violate any applicable law or the provisions of these Terms, (ii) is offensive, illegal or may violate the rights, harm or threaten the safety of Intelimotor and/or its Customers and Users, or (iii) is determined to be inappropriate for any other reason in Intelimotor's sole discretion.
Any information, materials, content, provided or shared through the Solutions, either by Intelimotor or by any other third party or user thereof are made for the sole purpose of informing and should not be taken as training or advice of any kind. If in the use of the Solutions you have questions or concerns that require the advice of a professional, it should be requested through the means of contact of the Solutions.
You acknowledge that You are solely responsible for any content You upload, post and/or transmit on the Solutions. By this act, Intelimotor disclaims, and You expressly release Intelimotor from any and all liability arising from controversies, complaints, claims, demands, infringements, injuries, losses, damages and/or harm resulting from or in any way related to the information, materials, content provided by Intelimotor or any other User or Third Party, or for any information posted or shared through the Solutions.
Privacy Notice
Intelimotor respects the privacy of your data and is committed to complying with all applicable data protection legislation in force. Except in cases where such information is required by law or permitted by these Terms and Conditions, Intelimotor will not disclose without consent your data to any third party. Notwithstanding the foregoing, in order to maintain the integrity of the Solutions, Intelimotor reserves the right to forward contact information to any federal or local regulatory authorities when required. Intelimotor may also forward contact details when a complaint arises regarding the use of the Solutions by a User and when the same is contrary to these Terms.
We collect your personal data directly or indirectly at the time of contracting services, registering your account, registering businesses or companies, using Solutions or Services, inviting your collaborators, or registering agencies, as well as by any other means that Intelimotor deems necessary for the proper development of the activities and the proper functioning of the Solutions and Services it offers.
The data we obtain by this means may be: i) Identification data; ii) Contact data; iii) Financial or patrimonial data; iv) Commercial data; v) Labor data; vi) Company identification data, which include, but are not limited to: (Articles of Incorporation, RFC, representative data, address, among others), as well as digital credentials, number of business units, volume of inventory and any other relevant data for the planning, development, quotation, configuration and operation of Intelimotor's products.
The collection of the aforementioned data shall be governed by the provisions of the privacy policies published on the site. If any User wishes to know more details about the treatment of his/her personal data, he/she may consult the Privacy Policy published on the Site at any time. We comply with the obligations imposed by these legislations for the processing of your data and you are also responsible for being informed of how you are subject to such legal provisions and how to exercise your ARCO rights (Access, rectification, cancellation, opposition).
Support
For Intelimotor your experience with our Services is of utmost importance. Therefore, we offer you the following levels of support:
Level 0: Immediate response time 24/7 365.
Self-help and user-retrieved information. Users retrieve support information through web and mobile applications or pages, including FAQs, detailed product and technical information, blog posts, manuals and search functions.
Level 1: Response/action time is very agile (approx. 30 seconds to 3 minutes) during business hours.
Basic help desk resolution and service desk delivery. Support for basic customer issues, such as resolving usage problems and fulfilling service desk requests that require IT involvement. If a solution is not available, Tier 1 staff escalates incidents to a higher level, so response time may be extended.
Level 2: Response/action time is very agile (approx. between 3 to 30 minutes) during business hours.
In-depth technical support. Experienced and knowledgeable technicians evaluate problems and provide solutions for issues that level 1 cannot handle. If a solution is not available, level 2 support escalates the incident to level 3 so response time may be extended.
Level 3: Response/action time is very agile (approx. between 30 minutes to 48 hours) during business hours.
Expert product and service support. Access to the highest technical resources available for troubleshooting. Level 3 technicians attempt to duplicate problems and define root causes, using designs, codes or product specifications. Once a cause is identified, a solution will be worked on and implemented.
*Business Hours: 9:30 AM to 6:30 PM (CST), Monday through Friday.
Any supplemental Intelimotor code provided to you as part of the Support solutions will be considered part of, and subject to the terms and conditions of this agreement. Information provided to Intelimotor by the customer as part of the Support solutions may be used by Intelimotor for commercial purposes, including for product support and development. Intelimotor will not use such technical information in a manner that personally identifies the customer except to the extent necessary to provide support. Intelimotor provides support to users at its sole discretion.
Nature and Terms of Services
Intelimotor at no time is involved or part of any transaction that could be generated between you and your customers or prospects, but our work is limited to providing solutions in order to facilitate their operations. Intelimotor is not responsible for the terms of contracting or future obligations that may be agreed between you and your customers. In the event that, in the use of the Solutions, a service relationship of any nature may arise between you and any other third party, these will be solely responsible for complying with all applicable regulations.
You acknowledge and agree that Intelimotor at no time assume the character of employer, agent or any civil or labor relationship, the Customer and the Users are solely responsible for the conditions and future relationships that may arise in the use of the Solutions, and therefore, release Intelimotor from any labor, civil, tax, commercial or any other obligation that may result in the same.
Access
Intelimotor reserves the right to restrict access to any of our solutions in case you use the Solutions for purposes contrary to those indicated in this document, activities contrary to morality and good customs and legislation, use the Services to reproduce or send content protected by the legislation on Intellectual Property without authorization of the holder of the rights, or any act that jeopardizes the reputation and legal security of Intelimotor.
Notifications
Intelimotor may use text messages, push notifications, email, SMS, WhatsApp, Telegram, calls, official social networks or any electronic means to report events.
Transactions
Intelimotor may use third-party/external suppliers to make the corresponding charges for the contracted services. In this sense, once the service is chosen, the customer may proceed to provide their financial information in order for Intelimotor to bill the services.
Intelimotor will not be responsible with the Users for events that may arise with respect to charges, commissions, omissions, errors or liabilities with respect to bank accounts, credit cards or any other payment mechanism contemplated in the Solutions. So you should verify the information and security of your browsers, in order to have the security of your financial information.
Even if the contracted services are paid by a parent or controlling company of the customer, or by any other third party, Intelimotor may make additional charges on the Services/Solutions that the Customer contracts.
The Customer may, through the platform or the site, contract certain Solutions that were not included in the initial proposal of services sent by Intelimotor and accepted by the Customer, whereby the latter accepts that additional charges may be made by virtue of the Solutions or extra Services contracted through the platform or the site. Intelimotor does not accept returns or issue refunds, in the understanding that there are no exclusions to this provision. The Customer, once the payment is made, may not cancel the transaction, since from that moment, a series of actions are activated through the Solutions that immediately involve the dedication of the Solutions for the timely delivery of services.
Notwithstanding the foregoing, Intelimotor may at its complete discretion refund the Customer the amount in whole or in part.
In the event of any chargeback or reversal, you must send an e-mail to support@Intelimotor.com with the reason for the reversal, as well as sufficient proof of the operation and reason for the reversal.
For the purposes of this paragraph, the parties agree that payment within the Solutions shall be considered as full acceptance and timely knowledge of these terms and conditions.
Your responsibilities
Your accounts. To use certain Intelimotor Services, You will create an account, through a registration process that will require You to set up a restricted, confidential and responsible user name and password (the "Credentials") in order to access the Solutions. You are obligated to maintain the confidentiality of your access information and passwords to the Solutions, and are therefore solely responsible for all activities, actions or information shared through your License(s).
It is recommended that you periodically change your password, and of course never share it with anyone. We do not know your password, and will never ask you for it by any means. It is also recommended that you enable 2FA, the second authentication factor for login, which will help you to reinforce security. You must also have the minimum technical conditions to access the Solutions, which implies an updated web browser compatible for web access. You can check if your browser is compatible and up to date here: https://updatemybrowser.org/. Finally, You are obliged to make proper use of your Credentials and the use of the Services, adhering to the obligations and agreements established for this purpose in the terms and conditions of the page.
Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your accounts and/or with your credentials, regardless of whether the activities are authorized by you or performed by you, your employees or a third party (including your contractors, agents or end users) and (b) we and our affiliates are not responsible for unauthorized access to your account and/or solutions.
Customer acknowledges that it is responsible for all use of the Solutions by its Authorized Users and agrees that it will not provide or allow access to the Solutions to anyone other than an Authorized User who requires such access to perform its work. Intelimotor users authorized by you are not a party to this agreement: You enable "users" within the Intelimotor Solutions, which are the credentials with which you allow individuals, officers or employees of the company, to use the Intelimotor Solutions. You are responsible that your officers (administrators, directors, partners, auditors, auditors, etc.) and employees comply with these terms.
Your Content. You will ensure that Your Content and Your use of Your Content will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance and use of Your Content.
Your Security and Backup. You are responsible for properly using the Solutions and for taking appropriate steps to secure, protect your Licenses, Credentials, Accounts, and Data. accounts and their contents in a manner that provides adequate security and protection, which may include the use of encryption to protect their contents from unauthorized persons from routinely accessing and archiving their contents. You are also responsible for maintaining copies of your data and the information contained in the Solutions.
Login Credentials and Account Keys. Intelimotor's login credentials and private keys generated by the solutions are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
Authorized Users. You will be deemed to have taken any action that enables, assists or facilitates any person or entity in connection with this Agreement, Your Content or use of the Solutions. You are responsible for Authorized Users' use of the Solutions. You will ensure that all Users comply with their obligations under this Agreement. If you become aware of any violation of your obligations under this Agreement caused by a User, you will immediately suspend such User's access to the Solutions and promptly notify us at support@intelimotor.com with the subject line: "Violation of Obligations".
Internal Communication. Communicate the terms and prohibitions of this agreement to employees, workers or any person under your direction and control who will use the Solutions for the purposes set forth herein.
Prohibited use of the Services
When using the Services, you agree to use the Services provided by Intelimotor in accordance with the law and in accordance with good customs, refraining from any action that is or tends to violate the law or the provisions of these Terms, refraining at all times to use the service for harmful or malicious purposes.
Likewise, the Customer agrees not to perform, and not to allow or incite anyone else to perform, any of the following actions through the use of the Solutions:
Defame, harass, abuse, annoy, harm, threaten or in any way violate the rights of others.
Publish, upload, distribute or disseminate any defamatory, profane, hateful, obscene, illegal or infringing content.
Use the service in a manner that violates or seeks to violate local, state or federal laws or regulations in any area.
Upload, upload, post, share or distribute any software, links, files or material that violates the rights of third parties, including but not limited to intellectual property rights, copyrights, or privacy rights.
Upload, upload, post, share or distribute any documents, software or links that contain viruses, or any type of malware or code that may damage, interfere with, disrupt, interrupt, disable, or compromise the security of the service or any device, computer system, server or network.
Collect or in any way obtain and store information from any other user or information, content or materials stored by Intelimotor without express consent.
Reproduce, duplicate, copy, sell, distribute, or exploit any information, materials, or content of the Solutions.
Promote, sell or offer any type of goods or services or any act for commercial purposes unrelated to the purpose or operation of the Services.
Commercialize the authorization to use the Intelimotor Solutions, lend, rent, assign, exchange, donate, sub-license, lease or transfer them under any title or redistribute them in any way.
Disclose or publish the results of the performance of Intelimotor's Solutions and Operations to any third party, without prior written authorization from Intelimotor. Update by itself or through third parties in any way or create derivative works of Intelimotor's solutions, their source or object codes, or their documentation, including translations.
Perform by itself, or allow employees to use Intelimotor Solutions for any purpose other than the processing of the Customer's internal data for its own business, and for the purpose for which it was created.
Delete, not reproduce or modify copyright or proprietary rights legends appearing on the licensed rights.
The use of reverse engineering, decompiling and/or disassembling Intelimotor's applications and solutions. Decompiling, disassembling, using reverse engineering techniques or in any way attempting to deduce the source codes or object code of Intelimotor's solutions;
Infringe on Intelimotor's intellectual property rights and/or copyrights; Acting by himself or through an intermediary, he may not compete with the provision of the solutions and functionalities that Intelimotor has, develop and/or disclose works derived from Intelimotor's solutions, in any of its modalities, such as translation, adaptation, paraphrasing, arrangements and transformations, during the term of this agreement and after its termination.
Perform any of the following actions: reproduce, publish, disclose, disseminate, transmit, retransmit or edit the software in any form or method, such as translation, adaptation, paraphrasing, arrangements and transformations.
Import or export total or partial copies of Intelimotor's solutions without prior written authorization from Intelimotor.
Use the Solutions for purposes other than those agreed to in this Agreement.
Perform cybersecurity audits and/or vulnerability testing of Intelimotor solutions without the express consent and autographed signature on a letterhead letter generated by Intelimotor.
Remove or alter logos, legends, signs, labels or any other notices of Intelimotor solutions that identify it as property of Intelimotor, without prior written consent.
The Service offered by Intelimotor through the Solutions is for personal use and may not be used in connection with any other vehicle or commercial entity without the express consent of Intelimotor. Furthermore, the parties agree that the Service may not be used by any person or organization for the purpose of recruiting Customers for any other type of service, promoting or contacting others for the purpose of hiring, soliciting the provision of services or any other purpose of a commercial entity and/or business not affiliated with Intelimotor unrelated to the purpose or operation of the Services, without the express consent of the same.
Similarly, you agree not to collect or store any content posted by users of Intelimotor or any other information or materials obtained through the Service, including but not limited to names, phone numbers, profiles, emails, protected text or otherwise misappropriate or misuse the information, materials or content obtained through the service either through manual or automated means.
Access to Third Party Accounts
For the proper functioning of the Services and Solutions that Intelimotor offers, the Customer may share access to different accounts of Third Party Services outside Intelimotor, in order to be able to monitor and fully use the Services and Solutions that Intelimotor offers. In turn, the Customer grants permission to Intelimotor to monitor, publish, delete, or modify the ads and content uploaded to non-Intelimotor platforms. Likewise, the Client accepts that Intelimotor is not responsible under any circumstances for any action or omission made by third parties responsible for these applications including without limitation: changes to its services/products, breaches to the security of information, misuse of data, fraud, violations of intellectual property rights and confidentiality. The Client should inquire through the Terms and Conditions of use of such services directly with the vendor/company of the services.
Customer Obligations
These are the obligations that the Customer must comply with at all times when using the Solutions, allowing Intelimotor to terminate the contractual relationship as well as deny access to the Solutions in case of non-compliance without any liability. .
Evaluate your own technology needs, network transmission and the results obtained. Intelimotor is not responsible and does not guarantee the results and the optimal use for the purposes for which it was contracted.
Ensure that its building facilities meet the minimum requirements necessary for the implementation of the Solutions.
Claims
For Intelimotor is of utmost importance the trust and experience of the User through the use of the Solutions and its services. Therefore, it has a communication channel for the attention and solution of errors, complaints and non-conformities by the User with Intelimotor.
Intelimotor believes in good communication as an essential part of any solid business relationship and therefore provides the opportunity to resolve conflicts internally between the parties involved.
In case you face a conflict please allow Intelimotor (support@Intelimotor.com) to resolve the issue, write a letter with the following data and send it to the mail:
Mail Subject: Internal Mediation
Situation: Describe the conflict and/or nonconformity
Attached documents that complement and/or prove the given situation in case you have them.
Indicate how you would like the conflict to be resolved and what you expect from Intelimotor to your satisfaction.
Responsibility
Intelimotor, its partners, officers, employees, agents, or related third parties, are not, and shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data, personal injury, or any civil or criminal offense, or damages relating to, in connection with, or otherwise arising out of any use of the Services, even if Intelimotor has been advised of the possibility of such damages. Intelimotor will not be liable for any damages, liability or loss arising out of your use of or reliance on the Services or your inability to access or use the Services; even if Intelimotor has been advised of the possibility of such damages.
Likewise Intelimotor, its partners, administrators, employees or agents, are not, and shall not be liable for the conduct of third parties including Customers, or Users, among others, for offensive, defamatory or illegal acts; the Services, and the like. If a court or other authority finds that any part of this section is unenforceable, then liability shall be limited to the fullest extent permitted by applicable law.
You agree that you will not take any legal or financial action against Intelimotor under any circumstances.
The limitations and disclaimer in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Liability for Damages
You are responsible for damages of any nature caused by failure to comply with the provisions of these Terms or the provisions of applicable law, so you agree, acknowledge and agree to hold Intelimotor harmless from any liability of any kind (civil, criminal, administrative, etc.) and to bear the resulting costs and expenses.
Notwithstanding the foregoing, in the event that Intelimotor, its partners, managers, employees or agents, were sanctioned by any competent authority arising from any proceedings for which you are responsible, Intelimotor will notify you immediately the amount to be covered by way of such penalty, as well as costs, expenses, legal fees and other amounts incurred because of the procedure in question, so that within a period not exceeding 15-fifteen calendar days from the day following the notification of Intelimotor, cover the respective amounts. If it delays in the payment, it shall also pay, as a conventional penalty in favor of Intelimotor, an additional amount equivalent to 50% of the principal amount, and so on for periods of 15-fifteen days until payment is made.
Risk Policy
Intelimotor guarantees the operation of its Platform, except as described in these Terms. You, by making use of the Solutions and/or being an account holder with Intelimotor and/or using its Services, expressly assume the following risks and agree that Intelimotor shall in no event and under no circumstances be liable for any direct or indirect loss or damage of any kind arising directly or indirectly, from the total or partial occurrence of any of the following risk events:
INFORMATION SECURITY. Intelimotor has carried out the necessary security reviews and currently has high standards of data protection that the market can offer. Therefore:
Intelimotor for any reason and under no circumstances can be held responsible for the loss and leakage of data that you may have derived from the use of applications or third-party solutions outside Intelimotor, which may not be in compliance with the requirements and standards of cyber security.
Intelimotor cannot for any reason and under any circumstances be held responsible for the consequences of cybercrimes and attacks inflicted.
FAILURES. Because certain Intelimotor certain Intelimotor Solutions depend on Internet access, there is always a risk of failure. By virtue of the foregoing, Intelimotor shall at no time and under no circumstances be held liable for any of the following situations:
The integrity, inconsistency and/or loss of data that may occur due to failures involving poor management, maintenance and/or updating of the operating system.
The integrity, inconsistency and/or loss of data that may occur due to failures involving misuse of your resources.
Any virus or malicious software that may be in the information to be recorded and that could cause alterations in the computer system or in the electronic documents, files and file directories stored in the computer system of the client or its users.
REGULATORY RISK. Information technologies enable new forms of interaction and it is possible that certain jurisdictions may apply existing regulations or introduce new regulations that may, among other things, result in substantial modifications to the Solutions, their applications and services, including their termination.
Intelimotor may cease to operate in a jurisdiction in the event that regulatory actions, or changes in law or regulation, in any way obstruct Intelimotor's operation and business development in that jurisdiction.
FORCE MAJEURE. You accept that there are situations beyond Intelimotor's control that could interfere with the use of the Services, such as adverse weather events, works, road closures, pandemics, demonstrations, political changes, or any other event that hinders the operation of the Solutions.
NO WARRANTY. Except as expressly provided in these Terms, Intelimotor makes no warranties of any kind, whether express, implied or otherwise. Customer disclaims all implied warranties, including any warranties of merchantability of the Solutions, success, fitness for a particular purpose, to the fullest extent permitted by law. The content and services are provided "as is" and as available, the Customer is solely responsible for its use of them and the results it obtains.
THIRD PARTY SERVICES AND INTEGRATIONS. Intelimotor Solutions may contain third party services and integrations ("Third Party Content"), designed to interact with Intelimotor. As these are not Intelimotor Services, the continued availability of such features and functionality cannot be guaranteed. Therefore, Intelimotor may cease to provide them without prior notice. The Customer agrees that Intelimotor is not responsible under any circumstances for any action or omission made by third parties responsible for these applications including but not limited to: changes to its services/products, breaches to the security of information, misuse of data, fraud, violations of intellectual property rights and confidentiality. The Client should inquire through the Terms and Conditions of use of such services directly with the vendor/company of the services.
Cancellation or Suspension of Service
Intelimotor reserves the right to suspend, cancel and delete your License(s) to any contracted Solution for any reason, with or without prior notice, solely at Intelimotor's discretion. The suspension, cancellation or deletion of the account of any User may include the prohibition of access to the Solutions, as well as the deletion of any type of information or content, published, associated or that in any way relates to its Contracting.
In the event that these measures are applied, You agree not to make any use of the Services or Intelimotor Content during the suspension or after the cancellation and/or deletion of the account. However, after such action, You will continue to be bound by all Terms which by their nature may operate even after the suspension or termination.
Intellectual Property
Intelimotor promotes respect for intellectual property rights and we ask you to exercise the same culture of respect. In the event that Intelimotor receives any notification that you have infringed intellectual property rights, Intelimotor will immediately take the appropriate actions it deems necessary to the competent authorities.
All material of Intelimotor Solutions, with the exception of the contents of You, including but not limited to text, codes, software, images, graphics, interactive functions, trademarks, service marks, logos, designs, among others, are property of or have been duly licensed in favor of Intelimotor and are subject to the intellectual property rights under the legal framework corresponding to each country where they are registered, as well as to the international conventions on this matter.
You are only authorized to personal use of the materials protected in this section, so it is forbidden to copy, reproduce, distribute, transmit, display, sell, transfer, license or any other type of exploitation that violates the intellectual property rights of Intelimotor without the prior written consent of their authors. All other names, trademarks, product and service names, logos, designs, images and commercial notices contained in the Site or Platform are intellectual property rights of their respective owners or holders. Any possible misuse of a third party's intellectual property rights may only be claimed by their rightful owner, owner or holder directly from the infringer. You must not infringe or violate any technological measure of the security mechanism that Intelimotor uses, activates or may use or activate in the Services. The same prohibition extends to owners of linked sites.
Intelimotor's Policy against Intellectual Property Infringers
In order to comply with the Federal Copyright Act, the Digital Millennium Copyright Act (DMCA) of the United States and international treaties on Intellectual Property, Intelimotor has a policy of termination of service to intellectual property infringers.
In the event that you perform an infringement of intellectual property of Intelimotor or third parties, you will receive a notice to refrain from such conduct and the material that infringes third party rights will be removed. If there is a recurrence of conduct, Intelimotor will suspend your access to the Solutions. You are solely liable to Intelimotor and third parties to respond for damages caused by infringing intellectual property rights.
If you believe you are the owner of Intellectual Property that has been infringed through the use of our Solutions, please send an email to support@Intelimotor.com with the subject: "Intellectual Property Infringement".
Non-competition
By accepting these terms, the User, its affiliates, employees, related parties or any other third party that for any reason has access to the services and / or solutions that Intelimotor offers, through the User's account, agree not to compete, work, perform, or perform activities equal or similar to the services, activities, or solutions that Intelimotor offers, either by its own means or through any third party, with any other party that are of the same nature, similar or that in any way generate a direct or indirect competition to the activities, services or solutions of Intelimotor.
The parties agree that this non-competition obligation shall subsist for a period of 5 (five) years after the commercial and/or contractual relationship between Intelimotor and the User is concluded or terminated.
Modification of Terms
Intelimotor may, at its discretion, revise, modify or update the Terms of this agreement, as well as any other legal documents at its discretion when it deems appropriate. Modifications will be effective upon posting by Intelimotor on the Site. By continuing your use of the Solutions after the posting of the updated Terms, you will be deemed to have consented to and accepted the updated Terms. Therefore, you are requested to constantly review the Terms and Contracts you have accepted, ignorance of which does not exempt you from liability under any circumstances.
Reservation of Rights
Intelimotor reserves all rights not expressly granted. Use of any Solution not addressed in this Agreement may be governed by separate terms of use, conditions and notices. No failure or delay by Intelimotor in exercising any right under this Agreement shall constitute a waiver of that right. If any of these terms and conditions shall be deemed unenforceable, void or for any reason unenforceable, such term shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
Dispute Resolution and Applicable Law
Internal Mediation. For Intelimotor is of utmost importance the trust and experience of the Customer through the use of the Platform and its services. Therefore, it has a communication channel for the attention and solution of errors, complaints and non-conformities by the Customer with Intelimotor.
Intelimotor believes in good communication as an essential part of any solid business relationship and therefore provides the opportunity to resolve conflicts internally between the parties involved. In case of facing a conflict please allow an opportunity to Intelimotor (support@intelimotor.com) to resolve the issue, write a letter with the following information and send it to the mail:
Mail Subject: Internal Mediation
Situation: Describe the conflict and/or nonconformity
Attached documents that complement and/or prove the given situation in case you have them.
Indicate how you would like the conflict to be resolved and what you expect from Intelimotor to your satisfaction.
Dispute Resolution. Any dispute or difference arising out of the subject matter and obligations of this agreement shall be settled as far as possible by direct negotiation and conciliation between the parties, for which a period of thirty (30) calendar days shall be allowed, counted from the date on which one of the parties notifies the other of any nonconformity or breach. However, at any time, the parties may submit any dispute or controversy or claim relating to this agreement, including the existence, validity or termination of this agreement, to the resolution of an Arbitration Tribunal of the International Chamber of Commerce, which shall be subject to the provisions of the Rules of Arbitration of the International Chamber of Commerce: (i) the Tribunal shall be composed of an arbitrator in accordance with the provisions of the Rules; (ii) the Tribunal shall decide in law; (iii) the arbitration proceedings shall be confidential; (iv) the arbitration shall be conducted remotely by video call or other similar means that ensure effective communication between the parties involved in the proceeding. In the event that the arbitration is to be conducted in person, it will be at the request of the Client and it will be at the discretion of Intelimotor to choose the place where it will take place. In the event that the arbitration solution is not possible or in the event that the validity of the award or the arbitration clause is challenged, the parties agree that the ordinary commercial courts of the city of Monterrey, Nuevo Leon, Mexico, shall have subsidiary jurisdiction.
Applicable Law. This agreement shall be governed by and construed in accordance with Mexican law.
General provisions.
In the event of an invalidity of any of the Terms of this Agreement, it shall not affect the other clauses that compose it.
The headings of all clauses are for convenience of reference only and do not form part of this Agreement, and therefore shall not in any way affect the interpretation of this instrument.
Digital Signature
You acknowledge that you agree to this Agreement, as well as any Intelimotor agreement that you agree to, including but not limited to the Terms of Service, Service Level Agreements, Privacy Policy, y Cookie PolicyThe Customer agrees that the use of the Service Level Agreements , has the same legal effect as if it had embodied the physical or digital handwritten signature on an agreement and accepts that his consent will be collected electronically. You also agree that Intelimotor may request to verify the authenticity of your data collected electronically. You agree that a digital or printed version of this Agreement, and of any communication sent and/or received electronically in the contracting process will be admissible as evidence in any judicial and/or administrative proceeding.
