TERMS AND CONDITIONS
Last update: April 09, 2024
This document regulates the Terms and Conditions for the Provision of Services of Cuid Tech, S.A.P.I. de C.V., hereinafter “Cuid” applicable to you, the individual or legal entity, hereinafter the “Client”. You together with Cuid, shall be referred to as the “Parties”.
Definitions and Applicable Subjects.
For clarity of what is expressed in this instrument, we will use defined terms. For purposes of these Terms and Conditions, capitalized words that have not been defined differently in various sections of this document shall have the meanings ascribed to them below:
Lessee: means the individual or entity receiving the Equipment (as defined below) on Lease.
Equipment: Refers to any device, hardware and/or any other asset provided by Cuid, including but not limited to video surveillance and/or perimeter and/or motion protection devices.
Services: Refers to the services indicated in section III. Services of these Terms and Conditions.
The Terms and Conditions are addressed primarily to individuals and/or legal entities located in the territory of Mexico; however, the Terms and Conditions shall be applicable in a supplementary manner, to the extent possible, to any person accessing from any country in the world, provided that:
There are no terms and conditions governing the Comodato in your country;
In the event that any provision, section, clause or provision of the Terms and Conditions contravenes applicable laws, regulations or other legal provisions in a specific jurisdiction, such section or provision shall be deemed invalid or unenforceable only in that jurisdiction. In such cases, all other sections and provisions of these Terms and Conditions that are in accordance with local law shall remain in full force and effect.
In the event that any section or provision of these Terms and Conditions is held invalid or unenforceable in a specific jurisdiction, the Parties agree that such section or provision shall be construed and enforced to the maximum extent permitted by law so as to accomplish its original intent to the extent legally possible.
Acceptance of Terms.
This 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.
The express acceptance implies your consent and agreement with all the provisions and conditions set forth in this document based on the second section of Article 1803 of the Federal Civil Code and its correlative and applicable Civil Codes of the Federal Entities of the Mexican Republic.
For the above, you represent and warrant 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 in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph.
In the event that you for any reason do not wish to be bound by the exact Terms and Conditions, or if you do not agree with all or part of the provisions contained herein, you should refrain from acquiring the Equipment and/or contracting the services.
2.1. Acceptance of natural person. Only persons of legal age, i.e., 18 (eighteen) years of age at the time of contracting the services may apply for Equipment. In the event that a minor attempts to contract the services, the persons who have parental authority, guardianship or supervision of the minor shall be jointly and severally liable for any
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 persons through their Equipment and alerting the authorities in cases of emergency. To this end, Cuid's third party suppliers in the event of an alert will contact the persons designated by the Client and, where appropriate, the authorities.
Delivery of Surveillance Equipment: For the provision of the Services, Cuid will provide the Client with the surveillance equipment necessary to carry out the security work mentioned in the previous point. Such 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.
Validity
The term of the provision of services will depend on the type of plan purchased. In this regard, the following are the available plans:
Without Installation: The initial term for non-installation plans will be month-to-month.
Installation: The initial term for installations shall be 1 (one) year).
Lease: The initial term for leases shall be at least 3 (three) years from the date of contracting.
Notwithstanding the foregoing, the provision of the Services shall be extended for successive periods of one (1) year in the event that neither of the Parties notifies the other Party of its will to terminate, with a written notice sent to the other Party at least 30 (thirty) calendar days prior to the initial expiration date or any of its extensions.
Notwithstanding the foregoing, the Agreement may be terminated early by giving notice to the other Party [20 (twenty)] calendar days prior to the effective date of termination.
In the event that the minimum term of the commodatum 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 Cuid's website, which amount must be paid at least 5 (five) calendar days prior to the date on which it intends to terminate the Agreement. Likewise, the Customer must return the Equipment and, if the Equipment is not returned, the cost of the same will be charged.
At the end of the agreed term or when the Parties agree on its early expiration, the Customer shall adopt one of the following terminal options:
The purchase of the Equipment at a price lower than its acquisition value, which shall be fixed in a purchase agreement. If not fixed, the price must be lower than the market value at the date of purchase; or
The return of the Equipment to Cuid.
In case of selecting the return of the Equipment the Parties agree that Cuid will designate personnel or a third party for the removal of the Equipment, whereby the Borrower agrees that it will not for any reason remove the Equipment on its own and will allow access to the personnel for the removal of the Equipment.
Concession
3.1. Loan. The Parties agree that Cuid will provide the necessary Equipment for the provision of the Services as a gratuitous bailment in accordance with the package selected by the Customer.
3.2 Delivery and Installation of the Equipment. The Parties stipulate that the material delivery and installation of the Equipment shall be carried out by Cuid or, failing that, by third parties designated by Cuid, in which case it shall inform the Borrower beforehand.
For shipping information, we suggest that you consult our shipping policy https://cuid.mx/pages/legal.
The period designated for delivery and installation by the personnel designated by Cuid shall not exceed 45 (forty-five) calendar days, except for reasons of force majeure or, failing that, causes attributable to the Customer. Cuid is not responsible for the services of the installer.
In the event that the period designated for delivery and installation elapses, the Client must contact Cuid's personnel in order to follow up on the case.
3.3. Relocation of the Equipment. Customer is entitled to relocation of the Equipment free of charge for 1 (one) time at no cost after the first year of providing Services during the term of the Lease.
In the event that the Borrower relocates the Equipment without notifying Cuid, the latter shall not be liable for the improper installation of the Equipment, as well as for any impact it may have on the provision of Cuid's services. The Borrower agrees that it shall remain liable for payment of the consideration even in the event that it has made an irregular relocation of the Equipment that may affect Cuid's services.
3.4. Equipment Maintenance. The Borrower is obligated to maintain the Equipment in a condition that allows for its normal use, as well as to allow Cuid's personnel to perform the necessary maintenance 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 Agreement. For this purpose, 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 borne by the Borrower.
3.5. Death of Client. In the event of the death of the Client during the term of the Agreement, the Agreement shall continue in force and shall bind the heirs, legal successors or legal representatives of the deceased Client, who must notify Cuid in writing within 30 (thirty) calendar days from the date of death of the Client, 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 Customer shall have the option to terminate this Agreement by giving written notice to Cuid within 60 (sixty) calendar days of the date of death of the Customer, in which case Cuid shall release the heirs, legal successors or legal representatives of the deceased Customer from any future liability under this Agreement, with the exception of any outstanding payment obligations incurred by the Customer prior to the Customer's death.
If the heirs, legal successors or legal representatives of the deceased Client elect to continue this Comodato, they shall comply with all conditions and obligations set forth in the Comodato Terms and Conditions, including, but not limited to, the payment of and maintenance provisions.
Consideration
The Parties agree and agree that Cuid shall receive as consideration, the amounts indicated at the time of contracting plus the corresponding Value Added Tax (VAT). Cuid agrees to issue the invoice covering the consideration. The Parties agree that Cuid may collect the consideration through the participants of payment networks that it designates, which may be aggregators, card payment processors, and even multiple banking institutions.
The Borrower, as the receiving party, shall have a period of 3 (three) calendar days from receipt of the invoice to notify Cuid of any error or discrepancy in it. Once this period has elapsed without such notification, it shall be understood that the invoice has been accepted as correct and payment shall be made as agreed.
Cuid shall inform the Client of the designated channel for 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.
Fault Reporting
It shall be the Client's responsibility to inform Cuid personnel as soon as possible in case of detecting any failure, breakdown or malfunction in the Equipment provided on loan. The Borrower shall remain responsible for the full payment of the Consideration established in this contract, regardless of whether the Equipment is not transmitting correctly, unless it is proven that such failures are directly attributable to Cuid, in which case the Customer shall be exempted from any payment obligation related to the time the Equipment has not been operational due to such failures attributable to Cuid.
Service 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 Customers must contact Cuid's 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”).
E-mail: hola@cuid.mx
Cuid will have a period of ten (15) business days to resolve the corresponding clarifications.
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 treatment of your personal data and the personal data collected, you should consult the Privacy Notice.
Invoicing
You will be able to download the Digital Tax Receipts (CFDI's) for each monthly payment by logging into the Cuid website.
In case the invoice shows errors, you must contact Cuid within 72 (seventy-two) hours after the payment of the corresponding monthly payment has been made by sending your fiscal data, as well as the order number to the following email: mx-ap@cuid.tech
Intellectual and Industrial Property Rights
Users acknowledge and agree that all intellectual and industrial property rights over the Website and all content and elements inserted in the digital media (including but not limited to trademarks, distinctive signs, logos, figures, trade names, text, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio and video elements) belong to Cuid (the “Intellectual Property”). Any reproduction, distribution, transmission, copying, 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 authorized by a legal representative of Cuid previously and in writing - shall be sufficient reason to revoke the License of Use provided for in this instrument, without prejudice to the administrative, civil and criminal penalties to which the infringer may be entitled.
Relationship between the Parties
The Parties acknowledge that all of them are independent of each other, and therefore agree that the subscription of these Terms and Conditions shall be a contractual relationship of a commercial nature, without giving rise to such relationship being construed as a partnership or association between them.
Intellectual and Industrial Property Rights
Users acknowledge and agree that all intellectual and industrial property rights over the Website and all content and elements inserted in the digital media (including but not limited to trademarks, distinctive signs, logos, figures, trade names, text, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio and video elements) belong to Cuid (the “Intellectual Property”). Any reproduction, distribution, transmission, copying, 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 authorized by a legal representative of Cuid previously and in writing - shall be sufficient reason to revoke the License of Use provided for in this instrument, without prejudice to the administrative, civil and criminal penalties to which the infringer may be entitled.
Relationship between the Parties
The Parties acknowledge that all of them are independent of each other, and therefore agree that the subscription of these Terms and Conditions shall be a contractual relationship of a commercial nature, without giving rise to such relationship being construed as a partnership or association between them.
Act of God and Force Majeure
Cuid shall not be liable to you under this instrument in the event that you are unable to use the Services due to Acts of God or Force Majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, earthquakes, earthquakes, telluric movements, pandemics, epidemics, strikes, wars, insurrections, riots, rebellions, lockouts, cyber attacks by hackers, general revocation or limitation on the use of the software or programming language necessary to use the Services, insurrections, riots, rebellions, lockdowns, cyber attacks by hackers, the general revocation or limitation to the user public in the use of the software or programming language necessary to operate the Services, as well as all kinds of governmental restrictions, acts of God or other causes of a similar or dissimilar nature.
Assignment
You may not assign your rights and obligations under 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 in which it assumes ownership of the Digital Media, by any possible title, prior notice to the Client to that effect.
Notifications
Cuid may make appropriate notifications through a general notification on the Website, via the e-mail address provided by you upon registration. Customer may communicate with Cuid by sending an e-mail to the contact address of the Care and Support Center.
Heading
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 acknowledges Cuid's right to modify this Agreement at any time, by giving notice in terms of the procedure provided herein, at least 5 (five) calendar days prior to the date on which the modifications become effective. In the event that the Client does not agree with the modifications made to this Agreement, he/she may request Cuid to terminate the Agreement within 30 (thirty) calendar days after notice, without any liability whatsoever at his/her expense. It shall be understood that the Client accepts the modifications made to these Terms and Conditions if he/she requests or participates in any transaction on a date after such modifications come into effect, maintaining in force his/her right to terminate this instrument in terms of the provisions of the preceding paragraph.
Subsistence
In the event that any term, condition, section or provision provided in these Terms and Conditions is or may be held to be void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision shall be severed from this Agreement, without the foregoing implying the nullity or invalidity of the remaining terms or conditions. Cuid shall substitute the relevant term, condition, section or provision in accordance with applicable law.
Disputes
The Parties hereby expressly submit and agree that any dispute, controversy, claim, demand, action or litigation arising out of or relating to the interpretation or performance of this instrument, including any matter relating to its existence, validity, performance or termination hereof (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, being applicable for any Dispute, both for the adjective and the substantive, the mercantile legislation applicable in Mexico, waiving in this act the Parties to any other legislation or jurisdiction that, by reason of their present or future domiciles, could correspond to them.
(A) Mediation. Upon the existence of a Dispute, the Parties shall exhaust the private mediation procedure in terms of the applicable legislation in Mexico City, appointing for such purpose the private mediator number 495 (four hundred and ninety-five) of Mexico City; in the understanding that, if for any reason, such appointment is not feasible, the corresponding mediator shall be appointed by the Mediation and Commercial Arbitration Commission of the National Chamber of Commerce of Mexico City (the “Commission”). The private mediation proceeding shall commence once either Party notifies the private mediator in writing of the corresponding Dispute and shall 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 in paragraph (A) of this section, within 40 (forty) calendar days after the matter has been referred to the private mediator, shall 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 07, 2024.