TERMS AND CONDITIONS APPLICABLE TO CARE SERVICES

Last updated: April 9, 2024

 

This document regulates the Terms and Conditions of the Provision of Services of Cuid Tech, SAPI de CV, hereinafter " Cuid " applicable to you, the natural or legal person, hereinafter the " Client ". You, together with Cuid, will be referred to as the " Parties ".

  1. Definitions and Applicable Subjects.

For the sake of clarity, we will use defined terms. For the purposes of these Terms and Conditions, words that appear in capital letters and that have not been defined differently in various sections of this document, will have the meaning attributed to them below:

  • Borrower : Refers to the natural or legal person who receives the Equipment (as defined below) on Loan.
  • Equipment : Refers to any device, hardware and/or any other goods that Cuid offers, including but not limited to video surveillance and/or perimeter and/or movement protection devices.
  • Services : Refers to the services indicated in section III. Services of these Terms and Conditions.

The Terms and Conditions are primarily directed to individuals and/or legal entities located in the territory of Mexico; however, the Terms and Conditions will be applicable in a supplementary manner, to the extent possible, to any person accessing from any country in the world, provided that:

  1. There are no terms and conditions governing the Loan Agreement in your country;
  2. If any provision, section, clause or provision of the Terms and Conditions is inconsistent with any applicable laws, regulations or other legal provisions in a particular jurisdiction, such provision or section shall be deemed invalid or unenforceable in that jurisdiction only. In such cases, all other sections and provisions of these Terms and Conditions that are consistent with local laws shall remain in full force and effect.
  3. In the event that any section or provision of these Terms and Conditions is held to be invalid or unenforceable in a particular jurisdiction, the Parties agree that such section or provision shall be interpreted and enforced to the maximum extent permitted by law, so as to accomplish its original intent to the extent legally possible.

  4. Acceptance of Terms.

This Loan Agreement is governed by these Terms and Conditions. By acquiring, purchasing and/or receiving the Equipment you agree to be bound by these Terms and Conditions.

Express acceptance implies your consent and agreement with all the provisions and conditions established in this document based on the second section of Article 1803 of the Federal Civil Code and its corresponding and applicable Civil Codes of the Federative Entities of the Mexican Republic.

For the above, you declare and guarantee that, prior to the direct or indirect use of the Equipment, you have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph.

In the event that for any reason you do not wish to be bound by the exact Terms and Conditions, or do not agree with all or part of the provisions contained herein, you must refrain from purchasing the Equipment and/or contracting the services.

2.1. Acceptance of a natural person . Only persons of legal age, that is, 18 (eighteen) years of age at the time of contracting the services, may request Equipment. In the event that a minor attempts to contract the services, persons who have parental authority, guardianship or supervision of the minor shall be jointly liable for any damages and/or losses that may be caused by the minor.

2.2. Acceptance of legal entities . You represent and warrant that you have full power, authority and sufficient authorization to bind the legal entity in relation to the Terms and Conditions. You also agree to hold the other Cuid harmless from any liability arising from the lack of representation or authorization by the legal entity. Cuid reserves the right to request documentation from you proving your capacity to represent and authorize you to act on behalf of the legal entity.

  1. Services

The purpose of this document is to establish the Terms and Conditions that regulate the provision of the following Services:

  • Security Services : Consisting of providing security services through its suppliers and authorized third parties, in order to safeguard the integrity and protection of property and people through its Equipment and alerting the authorities in cases of emergency. To this end, Cuid's third-party providers will contact the persons designated by the Client and, where appropriate, the authorities in the event of an alert.
  • Delivery of Surveillance Equipment : In order to provide the Services, Cuid will provide the Client with the necessary surveillance equipment to carry out the security tasks mentioned in the previous point. Said equipment will be provided in optimal operating conditions.
  • Video Surveillance : Cuid undertakes to manage video surveillance through its suppliers, using the Equipment mentioned above, in order to monitor and record events relevant to the security of the parties involved.

  1. Validity

The duration of the services will depend on the type of plan purchased. In this regard, the available plans are presented below:

  • No Installation: The initial validity for plans without installation will be month to month.
  • Installation: The initial validity for the installations will be 1 (one) year)
  • Loan: The initial validity for loans will be at least 3 (three) years counted from the date of contracting.

Without prejudice to the foregoing, the provision of the Services will be extended for successive periods of one (1) year in the event that neither Party notifies the other Party of its intention to terminate, with written notice sent to the other Party at least 30 (thirty) calendar days in advance of the initial expiration date or any of its extensions.

Notwithstanding the foregoing, the Loan Agreement may be terminated early upon prior notice given to the other party [20 (twenty)] calendar days in advance of the effective date of termination.

In the event that the minimum term of validity of the loan has not expired and the Client is the one who wishes to terminate the Services early, the Client agrees to pay Cuid as a conventional penalty for early termination the corresponding amount indicated on the Cuid website, an amount that must be paid at least 5 (five) calendar days in advance of the date on which the Contract is intended to be terminated. Likewise, the Client must return the Equipment and, in the event of not returning it, the cost of the same will be charged.

At the end of the agreed term of validity or when the Parties agree to its early expiration, the Client must adopt one of the following terminal options:

  • The purchase of the Equipment at a price lower than its acquisition value, which will be fixed in a sales contract. If not fixed, the price must be lower than the market value at the date of purchase; or
  • Return of the Equipment to Cuid.

In the event of selecting the return of the Equipment, the Parties agree that Cuid will designate personnel or a third party to remove the same, so the Borrower agrees that under no circumstances will he remove the same on his own account and will allow access to the personnel for the removal of the Equipment.

  1. Loan

3.1. Loan. The Parties agree that Cuid will provide, on a loan basis, the Equipment necessary for the provision of the Services in accordance with the package selected by the Client.

3.2 Delivery and Installation of the Equipment. The Parties stipulate that the material delivery, as well as the installation of the Equipment, will be carried out by Cuid or, failing that, by the third parties designated by the former, in which case the Borrower will be informed in advance.

For information about shipping, we suggest you consult our shipping policy https://cuid.mx/pages/legal .

The designated period for delivery and installation by the personnel designated by Cuid will not exceed 45 (forty-five) calendar days, except for reasons of force majeure or, failing that, causes attributable to the Client. Cuid is not responsible for the services of the installer.

If the designated delivery and installation period elapses, the Client must contact Cuid staff in order to follow up on their case.

3.3. Relocation of Equipment. The Client has the right to relocate the Equipment free of charge for 1 (one) time at no cost after the first year of provision of Services during the term of the Loan.

In the event that the Borrower relocates the Equipment without notifying Cuid, the latter shall not be liable for the incorrect installation of the same, as well as any impact that may be generated in the provision of Cuid's services. The Borrower accepts that it will continue to be responsible for the payment of the consideration even in the event that it has carried out an irregular relocation of the Equipment that generates impacts on Cuid's services.

3.4. Maintenance of the Equipment. The Borrower is obliged to maintain the Equipment in a condition that allows for its normal use, as well as to allow Cuid staff to carry out the maintenance necessary for this purpose.

The Parties agree that the cost of the Consideration includes the performance of 2 (two) maintenance processes during the term of this Contract. For this, the first year of the Contract must have elapsed; notwithstanding the foregoing, repairs resulting from misuse, non-payment or lack of care of the Equipment shall be the responsibility of the Borrower.

3.5. Death of the Client. In the event of the death of the Client during the term of validity of the Comodato, it will continue in force and will oblige the heirs, legal successors or legal representatives of the deceased Client, who must notify Cuid in writing within a maximum period of 30 (thirty) calendar days from the date of the Client's death, providing copies of the death certificate and any additional documentation that Cuid may require to verify the identity of the heirs, legal successors or legal representatives.

The heirs, legal successors or legal representatives of the deceased Client shall have the option to terminate this Comodato by giving written notice to Cuid within a maximum period of 60 (sixty) calendar days from the date of the Client's death, in which case Cuid shall release the heirs, legal successors or legal representatives of the deceased Client from any future liability under this Comodato, with the exception of any outstanding payment obligations that the Client incurred prior to his death.

If the heirs, legal successors or legal representatives of the deceased Client choose to continue this Loan, they must comply with all the conditions and obligations set forth in the Loan Terms and Conditions, including, but not limited to, the payment and maintenance provisions.

  1. Consideration

The Parties agree and agree that Cuid will receive, as consideration, the amounts indicated at the time of contracting, plus the corresponding Value Added Tax (VAT). Cuid agrees to issue the invoice that covers the consideration. The Parties agree that Cuid may collect the consideration through the participants of the payment method networks that it designates, which may be aggregators, card payment processors, and even multiple banking institutions.

The Borrower, as the receiving party, will have a period of 3 (three) calendar days from receipt of the invoice to notify Cuid of any error or discrepancy therein. After said period has elapsed without such notification having been made, it will be understood that the invoice has been accepted as correct and payment will be made as agreed.

Cuid will inform the Client of the designated channel to make the payment of the consideration; notwithstanding the foregoing, Cuid reserves the right to modify it unilaterally, provided that it notifies the Borrower 3 (three) days in advance.

  1. Bug Report

It shall be the Client's responsibility to inform Cuid's staff as soon as possible if any fault, breakdown or malfunction is detected in the Equipment provided on loan. The Borrower shall remain liable for full payment of the Consideration set out in this contract, regardless of whether the Equipment is not transmitting correctly, unless it is proven conclusively that such faults are directly attributable to Cuid, in which case the Client shall be exempt from any payment obligation related to the time during which the Equipment has not been operational due to such faults attributable to Cuid.

  1. Help and Support Center

To make any requests, complaints or reports related to the Services, as well as to request any clarifications related to the transactions and Plans, Users and/or Clients must contact the Cuid Customer Service and Support Center within a maximum period of 5 (five) calendar days after the event they wish to report or whose clarification they request (the “Clarifications”).

Email: hola@cuid.mx

Cuid will have a period of ten (15) business days to resolve the corresponding Clarifications.

  1. Privacy

By subscribing to or accepting these Terms and Conditions, you declare that you have read and expressly accepted Cuid's Privacy Notice, which is available on the Website. For more information about the processing of your personal data and the personal data collected, you should consult the Privacy Notice.

  1. Billing

You can download the Digital Tax Receipts (CFDI's) for each monthly payment by logging into the Cuid website.

In the event that the invoice contains errors, you must contact Cuid within 72 (seventy-two) hours after the corresponding monthly payment has been made, sending your tax information, as well as the order number to the following email address: mx-ap@cuid.tech

  1. Intellectual and Industrial Property Rights

Users acknowledge and accept that all intellectual and industrial property rights on the Website and on all content and elements inserted in the digital media (including, but not limited to, trademarks, distinctive signs, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio and video elements) belong to Cuid (the “ Intellectual Property ”). Any reproduction, distribution, transmission, copy, alteration, exploitation, publication, dissemination or disposal of the Intellectual Property is strictly prohibited without the prior written consent of a legal representative of Cuid. Any use or exploitation of the Intellectual Property - not previously authorized by a legal representative of Cuid in writing - will be sufficient reason to revoke the License of Use provided for in this instrument, without prejudice to any administrative, civil and criminal sanctions to which the offender may be subject.


  1. Relationship between the Parties


The Parties acknowledge that they are all independent of each other, and therefore agree that the signing of these Terms and Conditions will be a commercial contractual relationship, without giving rise to said relationship being interpreted as a partnership or association between them.

  1. Fortuitous Event and Force Majeure

Cuid shall not be liable to you hereunder if the Services are unavailable due to Acts of God or Force Majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, seismic events, seismic movements, pandemics, epidemics, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, general revocation or limitation to the public in the use of the software or programming language necessary to operate the Services, as well as any kind of government restrictions, acts of God or other causes of a similar or different nature.

  1. Assignment

You may not assign your rights and obligations assumed by signing these Terms and Conditions without the prior written consent of a legal representative of Cuid. For its part, Cuid may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or that assumes ownership of the Digital Media, for any possible reason, after notifying the Client to that effect.

  1. Notifications

Cuid may provide appropriate notifications by means of a general notification on the Website, through the email address provided by you upon registration. The Client may communicate with Cuid by sending an email to the contact address of the Customer Service and Support Center.

  1. Header

These Terms and Conditions may be modified, added to or amended, in which case the date of the last modification of this instrument will be updated. The Client expressly recognizes Cuid's right to modify this Contract at any time, with a notification in terms of the procedure provided herein being sufficient, at least 5 (five) calendar days in advance of the date on which the modifications come into effect. In the event that the Client does not agree with the modifications made to this Contract, the Client may request Cuid to terminate it within 30 (thirty) calendar days after the notice, without any liability on the Client's part. It will be understood that the Client accepts the modifications made to these Terms and Conditions if the Client requests or participates in any transaction on a date after such modifications come into effect, maintaining its right to terminate this instrument in terms of the provisions of the previous paragraph.

  1. Subsistence

In the event that any term, condition, section or provision of these Terms and Conditions is or may be considered void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision shall be severed from this Agreement without implying the nullity or invalidity of the remaining terms or conditions. Cuid shall replace the corresponding term, condition, section or provision in accordance with applicable regulations.

  1. Controversies

The Parties hereto expressly agree and submit that any dispute, controversy, claim, demand, action or litigation arising out of or in connection with the interpretation or performance of this instrument, including any matter relating to its existence, validity, performance or termination thereof (the “Dispute”), shall be resolved in accordance with

to the procedures described in this section, which shall be the sole and exclusive procedures to resolve the Dispute, and for any Dispute, both adjective and substantive, the commercial legislation applicable in Mexico shall be applicable, with the Parties hereby waiving any other legislation or jurisdiction that, due to their present or future addresses, may apply to them.

(A) Mediation . In the event of a Dispute, the Parties shall exhaust the private mediation procedure in terms of the applicable legislation in Mexico City, designating for such purpose the private mediator number 495 (four hundred ninety-five) of Mexico City; with the understanding that, if for any reason, such designation is not viable, the corresponding mediator will be designated by the Commercial Mediation and Arbitration Commission of the National Chamber of Commerce of Mexico City (the "Commission"). The private mediation procedure will begin once either Party notifies the private mediator in writing of the corresponding Dispute and will be governed, to the extent applicable, by the provisions of the Alternative Justice Law of the Superior Court of Justice for the Federal District, applicable to Mexico City.

(B) Ordinary Jurisdiction. Any dispute that has not been resolved through the private mediation procedure agreed upon in paragraph (A) of this section, within 40 (forty) calendar days after the matter has been referred to the private mediator, will be finally submitted to the jurisdiction of the competent Courts and Tribunals located in Mexico City, for which reason the Parties hereby expressly and irrevocably waive any other jurisdiction or venue that may correspond to them by reason of their domiciles.

Date : March 7, 2024.