IT IS THE RESPONSIBILITY OF YOU, USER, CUSTOMER OR PROSPECTIVE CUSTOMER TO READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/24/22.
ACCEPTANCE OF THE TERMS
The following Terms of Service Agreement hereinafter “ATS” is a legally binding agreement that will govern the relationship with our users and others who may interact or interact with INNOBYTE TECNOLOGIA S DE RL DE CV, also known as Facturizame, located in Fernando de Alba #542 Col. Chapalita, Guadalajara, Jalisco Zip Code. 44500 and our subsidiaries and affiliates, in association with the use of the Facturizame website, which includes www.facturizame.app, (the “Site”) and its Services, which will be defined below.
DESCRIPTION OF THE SERVICES OFFERED BY THE WEBSITE
The Facturizame platform allows service companies to bill electronically in accordance with current Mexican laws imposed by the Mexican government.
Each and every one of the visitors to our site, regardless of whether they are registered or not, will be considered as “users” of the Services contained in this document provided for the purposes of this ATS. Once an individual registers for our Services, through the account creation process, the user will be considered a “member”.
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be available on various social networking sites and many other platforms and downloadable programs, are the exclusive property of Innobyte. At its discretion, Innobyte may offer additional Website Services and/or products, or update, modify or revise any current Services and content, and this Agreement shall apply to any and all Additional Services and/or products and to any and all each updated, modified or revised Services unless otherwise stated. Innobyte reserves the right to cancel and stop offering any of the aforementioned Services and/or products. You, as an end user and/or member, acknowledge, agree and agree that Innobyte shall not be liable for any such updates, modifications, revisions, suspensions or discontinuations of any of our Services and/or products. Your continued use of the Services provided, following such posting of any updates, changes and/or modifications will constitute your acceptance of such updates, changes and/or modifications.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding ATS. In addition, you must be in good standing and not be a person who has previously been prohibited from receiving Innobyte Services under the laws and statutes of the United Mexican States or other applicable jurisdiction.
When you sign up, Innobyte may collect information such as your name, email address, business address, phone number, and industry. You can edit your account information at any time. Once you register with Innobyte and log in to our Services, you will no longer be anonymous to us.
In addition, the registering party acknowledges, understands and agrees:
provide factual, correct, current and complete information regarding you as prompted by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Innobyte shall have reasonable grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and as such refuse all current or future use. of Innobyte Services, or any part thereof.
It is Innobyte’s priority to ensure the security and privacy of all its visitors, users and members.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the only authorized user of your account. You will be responsible for maintaining the secrecy and confidentiality of your password and for all activities that occur on or within your account. You are responsible for any act or omission of any user accessing your account information that, if done so, would be considered a violation of this ATS. It shall be your responsibility to notify Innobyte immediately if you become aware of any unauthorized access to or use of your account or password or any other breach of security. Innobyte shall not be liable for any loss and/or damage arising from your breach of this term and/or condition of the ATS. For more information about the security measures in place related to your critical account information, please email us at innobyte@softwareenlanube.zohodesk.com.
CONDUCT
As a user or member of the Site, you acknowledge, understand and agree that all information, text, data, photographs, videos, audio messages, tags, completed forms or any other content is the express sole responsibility of the person from whom the content originated. contents. In short, this means that you are solely responsible for all content posted, uploaded, emailed, transmitted or otherwise made available through the Innobyte Services and as such we do not guarantee the accuracy, completeness or quality of such content. . Furthermore, you agree not to use the Innobyte Services for the purpose of:
Upload, post, email, transmit, or otherwise make available any content that is considered unlawful, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy, or is hateful racially, ethnically, or otherwise objectionable and/or objectionable;
Causing harm to minors in any way;
Impersonate any individual or entity, including but not limited to Innobyte officials, forum leaders, guides, or hosts, or falsely state or otherwise misrepresent any affiliation with an individual or entity;
Forge subtitles, headings or titles or offer any content to which you personally have no right under any law or with which you have a contractual or fiduciary relationship;
Upload, post, email, transmit or otherwise make available any content that may infringe any patent, copyright, trademark or other proprietary or intellectual right of any other party;
Upload, post, email, transmit or otherwise offer any content that you do not personally have a right to offer under any law or under a contractual or fiduciary relationship;
Upload, post, email, transmit or otherwise offer unsolicited or unauthorized advertising, promotional literature, “junk mail”, “spam” or any other form of solicitation, except in areas that have been designated for such finish;
Upload, post, email, transmit or otherwise offer any source that may contain a software virus or other computer code, any file and/or program that is designed to interfere with, destroy and/or limit the operation of any software of computer, hardware, or telecommunications equipment;
Disrupt the normal flow of communication or act in any other way that negatively affects the ability of other users to participate in any interaction in real time;
Interfere with or disrupt any Innobyte Service, server and/or network that may be connected or related to our website, including, without limitation, using any device software and/or routine to circumvent robot exclusion headers;
Intentionally or unintentionally violate any local, state, federal, national or international law.
“Stalk” or with the intent to harass another person; me
Collect or store any personal data related to any other member or user in relation to the prohibited conduct and/or activities that have been established in the aforementioned paragraphs.
Innobyte reserves the right to pre-screen, reject and/or delete any content stored through our Services. Additionally, we reserve the right to remove and/or remove any content that violates the ATS or is otherwise deemed offensive to other visitors, users
Innobyte hereby reserves the right to access, preserve and/or disclose member account information and/or content if required to do so by law or in the good faith belief that such action is reasonably necessary to:
Compliance with any legal process;
Compliance with the ATS;
Respond to any claim that its content violates the rights of any third party;
Respond to customer service requests; or protect the rights, property, or personal safety of Innobyte, its visitors, users, and members, including the general public.
Innobyte reserves the right to include the use of security components that may allow the protection of digital information or material, and that such use of information and/or material is subject to the guidelines and regulations of use established by Innobyte or any other provider. of content that provides content. services to Innobyte. You are hereby prohibited from making any attempt to override or circumvent any of the usage rules embedded in our Services. In addition, the unauthorized reproduction, publication, distribution or display of any information or material provided by our Services, in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO THE COMPANY WEBSITE
Innobyte provides an area for our users and members to contribute their comments to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
Your Contributions do not contain any confidential or proprietary information;
Innobyte shall not be responsible for, nor shall it be obligated to guarantee or maintain confidentiality, express or implied, in connection with the Contributions;
Innobyte shall have the right to use and/or disclose such Contributions in any manner it deems appropriate;
the Contributor’s Contributions will automatically become the exclusive property of Innobyte; Y
Innobyte is under no obligation to compensate or provide any type of refund in any manner or nature.
INDEMNITY
All users and/or members hereby agree to warrant and hold Innobyte, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless from any claim or liability for any claim or demand, which may include, but is not limited to, reasonable attorneys’ fees made by a third party that may arise from any content that a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, use of the Innobyte Services or your connection to these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user hereby agrees not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any portion, use or access to the Innobyte Sites.
GENERAL PRACTICES FOR USE AND STORAGE
You hereby acknowledge that Innobyte may establish such practices and/or limits with respect to the use of our Services, without limiting the maximum number of days Innobyte will retain any email, message post or other uploaded content, nor the maximum number of email messages that can be sent and/or received by any member, the maximum volume or size of any email message that can be sent or received by an account on our Service, and/or the maximum number of times and/or duration that any member can access our Services in a given period of time. In addition, you also agree that Innobyte has absolutely no responsibility for the deletion or failure to maintain the storage of messages and/or other communications or content maintained or transmitted by our Services. You also acknowledge that we reserve the right to remove or remove any account that is no longer active for an extended period of time. Furthermore, Innobyte reserves the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Innobyte reserves the right, at any time in its sole discretion, to modify, alter or discontinue, either temporarily or permanently, our service, or any part thereof, with or without notice, but will endeavor to provide a notice about it. The Website, Application and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Innobyte may periodically add or update the information and materials on this website without notice.
TERMINATION
As a member of Innobyte.mx and facturizame.app, you may cancel or terminate your account, associated email address and/or access to our Services by sending a cancellation or termination request to innobyte@softwareenlanube.zohodesk.com.
As a member, you agree that Innobyte may, without prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause of said termination, interruption, suspension and/or limitation of access will include, but will not be limited to:
any breach or violation of our ATS or any other incorporated agreement, regulation and/or guideline;
Through requests from law enforcement or any other government agency;
the interruption, alteration and/or material modification of our Services, or any part thereof;
unexpected technical or security issues and/or problems;
any extended period of inactivity;
any involvement by you in fraudulent or illegal activities; me
failure to pay any associated fees that you may owe in connection with your Innobyte Subscription Services.
Furthermore, you agree that any and all termination, suspension, discontinuation, or limitation of access for cause will be done at our sole discretion and that we will not be liable to you or any other third party with respect to the termination of your account, associated email and/or access to any of our Services.
Termination of your account with Innobyte will include any or all of the following:
the elimination of any access to all or part of the Services offered within www.Innobyte.mx and www.facturizame.app;
deletion of your password and all related information, files and any content that may be associated with or within your account, or any part thereof; Y
the prohibition of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or participation in any promotion of advertisers (or our independent integration partners) located on or through our Services, which may include payment for and/or delivery of such goods and/or related Services, and any such other terms, conditions, warranties and/or representations associated with such dealings are and shall be solely between you and such advertiser. Furthermore, you hereby agree that Innobyte shall not be liable for any loss or damage of any nature or form incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Both Innobyte and any third party may provide links to other websites and/or resources. Therefore, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and, as such, we do not endorse and are not responsible for any content, products, advertising or any other material, on or available from such sites or third party resources. You further acknowledge and agree that Innobyte shall not be liable, directly or indirectly, for any damage or loss that may result, be caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through of said site or resource.
PROPERTY RIGHTS
You hereby acknowledge and agree that the Innobyte Services and any essential software that may be used in connection with our Services (“Software”) will contain confidential and proprietary material that is protected by applicable intellectual property rights and other laws. You further acknowledge and agree that any Content that may be included in any advertising or information presented by and through our Services or by advertisers is protected by copyright, trademark, patent or other proprietary rights and laws. Therefore, except as expressly permitted by applicable law or authorized by Innobyte or the applicable licensor, you agree not to alter, modify, sell, distribute, broadcast, broadcast, publicly perform and/or create any plagiarized work based on in the Innobyte Services (for example, Content or Software), in whole or in part.
Innobyte has hereby granted you personal, non-transferable, non-exclusive rights and/or license to use the Innobyte Cloud Service, provided that you do not and do not allow third parties to duplicate, alter, modify, create or plagiarize work from of, reverse engineering, reverse assembly or attempting to locate or discern any source code, sell, assign, sublicense, grant a warranty right and/or transfer any right in the Software. You further agree not to alter or change the Software in any way, nature or form and as such not to use any modified version of the Software, including without limitation for the purpose of gaining unauthorized access to our Services. . Finally, you also agree not to access or attempt to access our Services through any means other than the interface provided by Innobyte to access our Services.
WARRANTY DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF INNOBYTE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE WILL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Innobyte AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. INFRINGEMENT.
INNOBYTE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Innobyte SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Innobyte SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT ANY SUCH RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INNOBYTE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU MAY PURCHASE OR OBTAIN THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY ERRORS CONTAINED IN THE SOFTWARE WILL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH INNOBYTE’S SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND AS SUCH YOU WILL BE SOLELY RESPONSIBLE AND YOU HEREBY WAIVE ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR VIEWING, OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY INFORMATION OR MATERIALS.
NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, WHICH MAY BE OBTAINED BY YOU FROM INNOBYTE OR THROUGH OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ATS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS WHICH MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOMS IN USERS WHO HAVE NO HISTORY OF PREVIOUS SEIZURES OR EPILEPSY. IF YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, TURNOVERS OR MUSCLES, LOSS OF CONSCIOUSNESS, DISORIENTATION , ANY INVOLUNTARY MOVEMENTS OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT INNOBYTE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES THAT MAY BE RELATED TO LOST PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER THAT MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Innobyte (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-brands, partners, and any other third parties) from claims, demands, and damages (actual and consequential). ) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You acknowledge, understand and agree, except as otherwise expressly stated in these TSAs, that there will be no third party beneficiaries of this Agreement.
WARNING
Innobyte may provide you with notices, including those related to any changes to the ATS, including, but not limited to, email, postal mail, MMS or SMS, text messages, postings on the Services from our website, or other reasonable means currently known or any which can be developed later. Such notices may not be received if you violate any aspect of the ATS by accessing our Services in an unauthorized manner. Your acceptance of these ATS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered if you had accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You acknowledge, understand and agree that all trademarks, copyrights, trademarks of Innobyte
TRADEMARK INFORMATION
You acknowledge, understand and agree that all Innobyte trademarks, copyrights, trade names, service marks and other logos and any Innobyte brand features and/or product and service names are trademarks and, as such, are and will remain the property of Innobyte. by Innobyte. You agree not to display or use the Innobyte logo or marks in any manner without obtaining Innobyte’s prior written consent.
NOTICE OF CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
AND PROCEDURES
Innobyte will always respect the intellectual property of others, and we ask that all of our users do the same. With respect to appropriate circumstances and at its sole discretion, Innobyte may disable and/or terminate the accounts of any user who violates our ATS and/or infringes the rights of others. If you believe that your work has been duplicated in a way that would constitute copyright infringement, or if you believe that your intellectual property rights have been otherwise violated, you must provide us with the following information:
The electronic or physical signature of the person authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of the location of the site that you claim has been infringing on your work;
Your physical address, phone number, and email address;
A statement that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
And finally, a statement, made under penalty of perjury, that the above information in your notice is true and accurate, and that you are the copyright or intellectual property owner, representative, or authorized agent for act on behalf of the copyright or intellectual property owner.
You may contact Innobyte’s agent for notices of claimed copyright or other intellectual property infringement as follows:
Shipping Address:
Fernando de Alba #542 Col. Chapalita, Guadalajara, Jalisco Zip Code. 44500
Telephone: +52 33 4495 8674
Email: innobyte@softwareenlanube.zohodesk.com
SUBTITLE
BE AWARE that Innobyte complies with all applicable rules and regulations of the Federal Communications Commission regarding closed captioning of video content. For more information, visit our website at www.Innobyte.mx and www.facturizame.app.
GENERAL INFORMATION
ENTIRE AGREEMENT
These TOS constitute the entire agreement between you and Innobyte and will govern your use of our Services, superseding any prior versions of these TOS between you and us with respect to the Innobyte Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other
