SALEXOPS TERMS AND CONDITIONS OF SERVICE
Thank you for choosing SaleXops.
Biz Opps Tech S.A. of C.V. (hereinafter “BizOpps Group”), hereby states to be a legally incorporated company in accordance with Mexican laws, located at Blvd. Quiroga No. 21, Building N3, Level 2, Colonia El llano, C.P. 83210, in Hermosillo, Sonora, and subscribes to these SaleXops Terms and Conditions of Service. The personal data that you (hereinafter the “User”) have provided through SaleXops (hereinafter “SX”) to “BizOpps Group”, have been collected and will be processed by “BizOpps Group” under the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties.
SX is a CRM type product for its acronym in English of Customer Relationship Management, which allows the management of the relationships of an organization and/or company with its clients, produced by “BizOpps Group”, allowing the “User” to Access your information and tasks 24/7, no matter where you are. You only need a computer with an internet connection.
The SX CRM runs on the servers supplied by “BizOpps Group” and the “User” is allowed access to use the applications and store their data.
The “User” must be a human (accounts registered by automated methods are not accepted) and of age. The characteristics of SaleXops and the services it provides are known to the “User” who hereby accepts them accordingly.
By accessing, downloading or using SX, the user agrees to:
- These Terms and Conditions of the SX Service,
It is necessary to carefully read each of these two documents, starting with this document, which is the SX Terms and Conditions of Service.
By accessing and using this service, the “User” accepts and consents to be bound by the Terms and Conditions of this agreement. Likewise, when using this particular service, the “User” will be subject to any corresponding rules or usage guidelines that “BizOpps Group” has published for said service. Any participation in this service will constitute acceptance of this agreement. If the “User” does not agree to comply with the above, please do not use it.
The SX Service Platform and its original content, features and functionality are the property of “BizOpps Group” and are protected by international copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights laws.
“Grupo BizOpps” grants the “User” the contracted SX licenses, which are non-transferable and for a limited time (in accordance with the contracted service).
The “User” may not reproduce, copy, duplicate, sell, resell or exploit all or part of the product.
The ownership of the copyrights, trademarks and domain names of the platform that is licensed are the exclusive property of “Grupo BizOpps” and are duly registered. These Terms and Conditions do not generate any property rights over them in favor of the “User”.
- Personal information
Regarding data stored on the “BizOpps Group” servers as a consequence of the provision made by the “User”, the following is agreed:
The stored data will be managed by SX in order to allow access for queries by the “User”. The veracity, accuracy and validity of the data provided by the “User” through SX and stored on the “BizOpps Group” servers is the sole responsibility of the “User”.
“BizOpps Group” undertakes not to use the “User” data that is accessed through the use of SX, for any purpose other than that necessary for the exclusive execution of the contracted services, for which reason it will maintain strict secrecy and will not reveal to third parties or transfer, during and after the validity of the license, the “User” data contained in SX, unless one of the following situations occurs:
- With the prior written consent of the “User”;
- When it is necessary to use them, by the technical personnel involved, for the purposes of the strict execution of this contract, or
- When required by a competent authority.
In order to provide greater guarantees for the responsible operation of the platform, the “User” must provide their name, a valid email address and all other information that is required in order to complete the registration, with this SX will grant them a standard password for the “User”, which may be modified and/or updated at your convenience, within the platform. It will be the responsibility of the “User” to maintain and secure their username and password. The “User” will be responsible for the information and activity that occurs under their account. The login can only be used by one person, a shared login is not allowed.
Upon termination of this license of use by any of the contractually provided modalities, the “User” must download their data.
- System failures and user support
“BizOpps Group” will not be held liable for any damage, loss or loss to the “User” caused by failures in the system, the server or the Internet. “BizOpps Group” will not be held liable either for any virus that could infect the “User’s” equipment as a result of any transfer of data, files, images or audio, attached to the platform by the users themselves. The “User” shall NOT claim any liability or demand payment for lost profits to “BizOpps Group” due to damages resulting from technical difficulties or failures in the systems or the Internet. “BizOpps Group” does not guarantee continued or uninterrupted access and use of its site. The Platform and/or the system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of “BizOpps Group”. In such cases, efforts will be made to restore it as quickly as possible without any type of liability being attributed to it. “BizOpps Group” will not be held liable for any error or omission contained in the SX Service Platform.
“BizOpps Group” will provide the comprehensive support service for efficient operation on the SX platform, listing the services below:
- Update to new released versions of the platform.
- Assistance via email for system reconfiguration and user support. (Services for carrying out installation of extra work to support the SX platform, or any other third-party software or platform, are excluded.)
- Technical support is provided only to users who are up to date with the payment of the service corresponding to the current month and is provided via email or through the ticket system.
- License & duration
This license covers the content of the “User’s” personal data since it is protected by intellectual property rights.
It is personal in nature, which means that it is not transferable to another user.
It is non-transferable, which means that it is prohibited to transfer it to third parties.
The “User” may not copy, modify, distribute, sell or rent any part of SX. The “User” may not apply reverse engineering techniques or attempt to extract the SX source code without the written consent of “BizOpps Group”.
The license for each “User” is valid during the period insured through payment.
The “User” can cancel his or her account at any time by sending an email from the same account appearing in the SX records. From that moment on, the data contained in the “User” will be deleted from the service and that information cannot be recovered.
The price for the use of the SX license granted and related services is established directly on the SX platform.
It has monthly, quarterly, semi-annual, or annual payment methods, so the “User” must keep the license payment up to date to be able to use SX.
The payment of the chosen modality must be paid by the “User” within the established terms and conditions; The same will be invoiced once the payment corresponding to the contracted period has been received and is not refundable in the event of contractual termination. Payment will not be refunded if the use of the service is partial, plans are changed, the service is cancelled or not using the system during the entire contract period.
In the free tier, document storage of up to 512 MB of space is allowed. Once the indicated space is occupied, the documents may be purged and/or eliminated upon reaching the permitted storage. The platform will notify at least five calendar days in advance.
For platform registered users with monthly payment, if payment is not made on the corresponding date, after thirty calendar days, the documentation stored in the account will be deleted and will not be recovered.
For users who are registered on the platform with monthly payment, if payment is not made on the corresponding date, after three calendar days the user or users will be disabled from using the platform.
- Rights & Responsibilities
Except for the rights and responsibilities described in this section (In the event of incidents or discrepancies), “BizOpps Group” will not be held liable for any other loss unless it is due to your breach of these Terms and Conditions.
Only for business “Users” and organizations:
If your “User” is a business or organization, to the extent permitted by applicable law:
- Will compensate “Grupo BizOpps” and its directors, administrators, employees and contractors for legal proceedings by third parties (including actions carried out by government authorities) that may arise from or are related to the illicit use of the services or the infringement of these SX Terms and Conditions of Service. This indemnification covers any liability or expense arising from claims, damages, losses, fines, trials and for any legal services fees.
- “Grupo BizOpps” shall not be held liable for:
o Lost profits, income, anticipated savings, business opportunities or goodwill.
o Derivative or indirect losses.
o Criminal damages.
o The content of the files stored by the client.
o The total or partial loss of documents once the storage capacity offered by the platform in the contracted services has been exceeded.
- The total liability of “BizOpps Group” resulting from or related to these SX Terms and Conditions of Service, is limited to the greater of these two amounts: 500 USD or 125% of the amounts paid by the “User” for use the SX platform during the 12 months prior to the breach.
The “User” will be solely held liable for the use of their SX account and the decisions they make based on their data, classifications, ways of ordering them, etc. By no means will “BizOpps Group” be held liable for the use of SX or for damages (whether consequential damages to the “User”, direct or indirect, losses, lost profits, moral damage or any other compensation or penalty) arising from technical defects, such as: system, line, server outages, or similar causes.
The “User” must not market or sublicense in any way the CRM contracted through SX, nor execute it for the remote provision of information, consulting, or data processing services, except when such modality is typical of its line of business.
Failure by the “User” to comply with any of the obligations accepted with “BizOpps Group” will enable “BizOpps Group” to suspend the “User’s” account temporarily or definitively at once, without any liability on “BizOpps Group’s” part for this and without prejudice to the other rights that correspond to him. “BizOpps Group” also reserves this authority under the same conditions to be used in cases of force majeure, discretionary or fortuitous event.
The “User” may request the cancellation of the contracted service when he proves that “BizOpps Group” failed to comply with its obligations, for which he must communicate it in writing in an indisputable manner. Once the notification is received, “BizOpps Group” will have a period of thirty business days to correct said non-compliance. If the established period expires, without it having been corrected, the cancellation of the “User” will be final.
The “User” will compensate and hold “BizOpps Group”, its subsidiaries, controlled and/or controlling companies, administrators, directors, representatives and employees harmless for any claim or lawsuit from other Users or third parties for their activities on the Service Platform of SX or for his/her breach of the SX Terms and Conditions of Service and other Policies incorporated herein, or for his/her violation of any law or third party right, including reasonable attorneys’ fees.
- Measures taken in case of incidents
Before taking the measures indicated below, “BizOpps Group” will give sufficient notice when reasonably possible, explaining to the “User” the reasons for the actions to be carried out and will be given the opportunity to resolve the incident, unless “ BizOpps Group” has sufficient reason to believe that doing so could:
- Transfer responsibilities to a “User”, a third party or the “BizOpps Group” itself or cause damage.
- Violate the law or an order of a judicial authority.
- Jeopardize the operation, integrity or security of the SX platform.
- Fines. Termination of operations
Without prejudice to other measures, “Grupo BizOpps” may: warn, temporarily suspend or permanently disable the Account of a “User”, penalize, hold the person liable for compensating the damages caused, initiate the actions it deems appropriate and/or suspend the provision of his/her Services, for any of the following reasons:
- If any law is violated, or any of the provisions of the SX Terms and Conditions of Service and other policies of “BizOpps Group” is;
- If the “User” fails to comply with his/her commitments;
- If, at the sole discretion of “BizOpps Group”, malicious or fraudulent conduct or acts are incurred;
- If the identity of the “User” cannot be verified or if any information provided by the user is wrong;
- If the “User” takes any action or uses a device, software, or other means intended to interfere with both the activities and operations of “BizOpps Group” and the database.
Warning: any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions determined in these Terms and Conditions of Service, will make the “User” liable to the corresponding legal actions, and to the fines provided by these Terms and Conditions of Service.
The responsibility of “BizOpps Group” is adjusted to the correction of errors and there will be no implicit or explicit responsibility for any damages that may result for the “User” in direct or indirect relation after using SX.
Any other type of express or implied warranty or liability on the part of “BizOpps Group”, including the warranty of merchantability and fitness for a particular purpose, regarding the SX platform, is completely excluded.
“BizOpps Group” will not be held liable for the total or partial loss of documents once the storage capacity offered by the platform in the contracted services has been exceeded.
- Likely modifications to the Terms and Conditions of Service
- Jurisdiction and applicable law
These Terms and Conditions of Service of SX will be governed in all their points by the laws in force in the Mexican Republic, in particular regarding data messages, electronic contracting and electronic commerce will be governed by the provisions of the federal legislation applicable to the case. Any controversy arising from these Terms and Conditions of Service, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and the competent Courts.
For the interpretation, compliance and execution of these Terms and Conditions of Service, the parties expressly submit to the jurisdiction of the competent federal courts of the City of Hermosillo, Sonora, consequently renouncing any jurisdiction that by reason of their domicile or future could correspond to them.
In the event that a particular term is not valid or enforceable, the remaining terms will not be affected.
I have read and accept the SX Terms and Conditions of Service.