Terms and Conditions
These Terms and Conditions (the "Terms and Conditions") represent a legally binding agreement governing the provision of services and software included as part of the Services, between PACTO TECHNOLOGY MEXICO, S.A.P.I. DE C.V. and/or PACTO INC. ("PACTO") and the merchant (the "Merchant" and jointly with PACTO, the "Parties"), within the website: www.pacto.co (the "Platform").
PACTO declares to be an Investment Promotion Company of Variable Capital duly incorporated, registered and validly existing in accordance with the laws of Mexico.
If the Merchant is a natural person, he/she declares that he/she is of legal age and has the legal capacity to contract and enter into all kinds of obligations. In case of being a legal entity, the Merchant declares to have the capacity to contract on behalf of such entity and to bind the same, in accordance with the provisions of these Terms and Conditions.
Express Acceptance
These Terms and Conditions govern the use of the PACTO Platform, as well as any subdomain it may contain. The Merchant accepts to have read and understood all the conditions established in these Terms and Conditions and in the Privacy Notice, as well as in the other documents incorporated to them by reference.
In case the Merchant does not accept these Terms and Conditions or they are not fully understandable to him/her, he/she should refrain from using the PACTO Platform.
2. The Services
Subject to the provisions of these Terms and Conditions, PACTO provides to the Merchants through the Platform, various technological solutions and tools, with the purpose of digitally growing the respective business (the "Services").
The Merchant understands and accepts that the Services may be modified or amended at any time, in which case the Merchant will be notified of the changes at least 30 calendar days prior to the date on which they are expected to take effect. Notwithstanding the foregoing, the Merchant may terminate the provision of services with PACTO under the terms set forth in these Terms and Conditions, in case of disagreement with the respective changes to the Service.
3. Use of the Platform
In order to access and use the Pact Platform, as well as to make use of its Services, the Merchant must first register and create an account ("Merchant Account"). In order to do so, a registration form must be completed with the Merchant's valid and personal data (the "Registration Data"). By completing the online registration form, Merchant affirms that it has provided true, accurate, current and complete information about itself as required by such form.
PACTO reserves the right to request proof and/or additional information in order to corroborate whether the information provided by the Merchant is true, as well as to temporarily or definitively suspend the Services to those Merchants whose information cannot be confirmed. Likewise, PACTO may reject a registration request or cancel or suspend, temporarily or definitively, the Services in case of detecting suspicious activities, without such decision generating any indemnification or compensation rights for the Merchants.
The Registration Data provided by the Merchant shall receive the treatment set forth in PACTO's Privacy Notice and the Merchant assumes the commitment to update the Registration Data as necessary.
The Merchant shall access the Platform by entering his email address registered in the Merchant Account, together with the password he created for such purposes. The Merchant agrees at all times to maintain the confidentiality of his Merchant Account login credentials and to allow such access only to persons he trusts. By virtue of the foregoing, the Merchant shall be the sole person fully responsible for all activities occurring on his Merchant Account or the Merchant's platforms, whether or not specifically authorized by the Merchant, and for any damages, expenses or losses that may result from such activities.
The Merchant acknowledges and agrees that his Merchant Account is personal, unique and non-transferable, and shall be assigned to a single holder and may not be sold, assigned or transferred for any reason whatsoever.
3.1. Counterperformance
In order to use the Services provided by PACTO, the Merchant shall pay a consideration (the "Consideration"). The payment of the Consideration shall be agreed with the respective Merchant at the time of contracting the Services, and may be, among others, a fixed monthly or annual amount or a percentage of the amount of each transaction made. For this, the Merchant authorizes Pact to store its payment method and use it for the payment of the Services.
The Merchant agrees that the Consideration may vary due to promotions, changes in the contracted plan, new services, changes in applicable taxes, annual inflationary changes, among others, so that the Merchant by accepting these Terms and Conditions authorizes PACTO to make the corresponding charge for the adjustment of the Consideration. PACTO will notify the Merchant through the Merchant Account and/or the email registered by the Merchant the information related to such adjustments.
3.2. Delay or non-payment of the Consideration
In case of delay in the payment of the Consideration, PACTO reserves the right to limit the access to the Services contracted by the Merchant. After 60 (sixty) calendar days of not receiving the corresponding payment of a Merchant Account with debts, PACTO may delete the information of such Merchant Account and cancel it definitively. PACTO will send to the Merchant the notices related to the delay in the payment of the Consideration, as well as to the suspension and cancellation of the Services.
4. Warranties
Except as otherwise specifically stated herein, PACTO disclaims all warranties, whether express or implied, written or oral, including but not limited to any warranty of satisfactory quality, warranty of fitness for a particular purpose, as well as any warranty giving Merchant any right of return of the Consideration and/or any warranty as to the safety of the Services.
5. Prohibitions
The Merchant shall refrain from:
Copy, modify, reuse, create derivative works from, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the PACTO Platform, its Services and software (or any part thereof) or any content offered by PACTO, to use, publicly display, sell, transmit or distribute them without PACTO's specific prior written consent;
Use and benefit from the Services by subletting, selling or transferring the Services provided by PACTO;
Using the Services for the sale of illicit products, and
Use the Services for any unlawful activity or any other activity not provided for in these Terms and Conditions.
6. Limit of Liability
In no event shall PACTO be liable for indirect, special, incidental or consequential damages, or damages suffered by the Merchant. To the extent permitted by law, the Merchant shall hold PACTO, its employees, directors, agents and other affiliates, harmless from any and all losses, damages, fines, penalties and claims of any kind, arising out of or related to the Services, whether or not such claims are caused by any act or omission of the Merchant or any other person.
PACTO shall not be liable for damages caused to the Merchant by a third party. For the direct damages that PACTO may cause to the Merchant, the Merchant accepts that a conventional penalty is agreed which in no case may be greater than Mx$2,000.00 (two thousand pesos 00/100 legal tender in the United Mexican States), which will be determined according to the services not delivered or rendered in the agreed manner in accordance with the provisions of these Terms and Conditions. The Merchant waives, based on Article 1840 of the Federal Civil Code, the claim for damages.
The Merchant acknowledges that all its decisions are made solely and exclusively on its own behalf and account. Consequently, each Merchant is obliged to carry out an independent evaluation regarding the activities it may carry out on the PACTO Platform, the Services provided by it and any other circumstance related to it.
Likewise, PACTO shall not be liable before the final customer or third parties with whom the Merchant contracts in the use of the PACTO Services.
7. Third party sites, links and services
The Platform may include hyperlinks or links that allow the Merchant to access websites of third parties other than PACTO. The access to such third party links is provided for convenience and the Merchant shall decide to access them at his/her own risk.
The owners of such websites shall have their own privacy and data protection policies, for which PACTO does not assume any responsibility for the availability, contents, products, services, use of any third party site or any website accessed from a third party site or any change or update of such sites, as well as any data provided by the Merchant through any website other than www.pacto.co. PACTO shall not be liable for any damages that the Merchant may incur by accessing such third party sites.
In addition, the Platform Services may contain features designed to interoperate with other third party ("Third Party Provider") products, applications or services. Occasionally, in order to access the services offered by the Third Party Provider, the Merchant will be required to create a user account on the site or platform of such Third Party, as well as to adhere to other particular access requirements. In such case, the Merchant shall provide PACTO with access to such accounts, as well as any other requested information, either from the Merchant or the Third Party Provider, in order to allow the proper integration and interoperability between PACTO's Services and the Third Party Provider's functionalities.
PACTO is not responsible for the disclosure, modification or deletion of the information provided as a result of the interconnection with the Third Party Provider. Likewise, the Merchant understands and accepts that any legal relationship originated with a third party outside the PACTO Platform, as well as any exchange of information carried out with the latter, is exclusively between the Merchant and such third party.
Finally, PACTO does not guarantee that the operation of the Third Party Provider will be continuous, that it is free of errors or that it will not damage or harm the Merchant's data. By virtue of the above, PACTO reserves the right to refrain from using the services of the Third Party Provider without this constituting a breach of these Terms and Conditions.
8. Payment processing
In order to facilitate and process payments for the products and services offered by the Merchant, PACTO enables the processing of online payments through affiliated payment processors ("Payment Processors"). The Merchant accepts and understands that such payments shall be subject to the terms and conditions, privacy notices, as well as any other relevant agreement prepared by the respective Payment Processors.
9. Notices and Notifications
PACTO will take as primary means of contact the email provided by the Merchant, as well as for other communications, including notices regarding the Terms and Conditions and its operations, or any other future communication between the Merchant and PACTO.
Notices and notifications shall be deemed received and accepted by the Merchant twenty-four (24) hours after they are sent.
10. Suspension of Services
PACTO may terminate these Terms and Conditions or any additional terms, or suspend or terminate the Merchant's Account or access to any Service, at any time and for any reason. Likewise, PACTO reserves the right to add or remove, suspend, stop, stop, remove, discontinue or impose conditions on the Services or any feature or aspect thereof.
To the foregoing, PACTO will take reasonable steps to notify you of termination or changes to the Service by email or the next time you attempt to access your Merchant Account.
The Merchant may also terminate the Terms and Conditions at any time by deactivating his Merchant Account.
In the event that these Terms and Conditions are terminated or suspended for any reason, the Services and any other rights granted under these Terms and Conditions shall be suspended. Likewise, the Merchant agrees to immediately cease using all Services and to pay any outstanding debts to PACTO.
PACTO shall not be liable to the Merchant or any third party for compensation, reimbursement or damages for any termination or suspension of the Services.
11. Service and support center
In case of complaints, claims, non-conformities, assistance, among others, the Merchant must send them in writing to the following e-mail address: hola@pacto.co and a response will be given as soon as possible.
12. Technical Errors
It is possible that, due to technological factors, scheduled maintenance or other factors, the Platform or other Services may be temporarily interrupted. Although PACTO will do its best to solve such factors, the Merchant accepts that PACTO is not responsible for the damages derived from such interruption and waives any right or action it may have against PACTO, due to errors in the system.
PACTO shall not be responsible for any virus that may infect the Merchant's equipment as a consequence of the access, use or revision of its website or as a result of any transfer of data, files, images, texts or audio contained therein. The Merchants may not be held liable or demand payment for loss of profits for damages resulting from technical difficulties or failures in the systems or on the Internet.
13. Intellectual property rights
The Merchant acknowledges that the Platform only provides a means to access the Services. Consequently, the Merchant accepts that PACTO does not transfer any interest or title of ownership or intellectual property in and to the Platform, nor to anyone else in connection with the use of the Platform. All text, graphics, user interfaces, visual interfaces, photographs, sounds, design, machine code (including HTML code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, appearance and arrangement of any content within or through the Platform are the exclusive property of PACTO and are therefore protected by Mexican and U.S. intellectual property law.
Likewise, the Merchant acknowledges that the rights to the Platform, as well as the compilation of data therein, are licensed (not sold) to the Merchant and that the Merchant has no rights over the Platform or its technology, other than the right to use them in accordance with the provisions of these Terms and Conditions. Likewise, the Merchant does not have the right to use trademarks, names, logos and other icons that identify PACTO and its products and services, without the prior written consent of PACTO.
Finally, the Merchant acknowledges that it is not entitled to have access to the source code of the Platform.
14. Content generated by and for the Merchant
The Merchant through the Platform or by using the Services may send, upload, publish or make available to PACTO textual, audio or visual content, including comments and opinions of third parties (the "Content"). For this, the Merchant represents and warrants that it has all necessary rights to distribute the Content through the Platform, and that the Content does not infringe the rights of any third party. In this regard, the Merchant shall be solely responsible for any and all of its Content, as well as for the consequences of its distribution and the requirements to do so.
Likewise, the Merchant understands and authorizes that all Content that it or any third party provides to PACTO related to the Merchant and its business, including its name, may be used, published, reproduced, transferred, modified and adapted by PACTO and all of its subsidiaries, affiliates and assigns, free of charge, perpetually and irrevocably, without the prior consent of the Merchant. This includes, but is not limited to, the right to incorporate or implement the Content into any PACTO product or service, and to display, market and distribute the incorporated or embedded Content, without compensation to Merchant.
15. Modifications
These Terms and Conditions may be modified, added to or amended at any time, in which case the Merchant will be notified of the changes and they will be published on the Platform, being the last published version the one that will immediately regulate the commercial relations generated at the time of the transaction.
16. Jurisdiction and Applicable Law
This agreement shall be governed in all respects by the laws of the United Mexican States.
Any dispute arising out of these Terms and Conditions, including any question relating to their existence, validity, termination, interpretation or enforcement, shall be submitted for resolution in the first instance to mediation and conciliation.
If the mediation and/or conciliation is unsuccessful, the controversy will be definitively resolved by going to the competent Courts of Mexico City, and the proceedings will be carried out in Spanish, expressly waiving the jurisdiction that may correspond to it by reason of its present or future domicile, recognizing that its solution, if applicable, must be made through mercantile channels, applying the Code of Commerce and supplementarily the Federal Civil Code.
17. Electronic signature
The Merchant accepts as valid all those communications exchanged by electronic means, either for the formation of agreements of wills or exchange of notifications, taking into account that it will have the same effects that the Mexican legislation grants to the autograph signature, in terms of the Second Title, of the Second Book, of the Code of Commerce.
For this purpose, the Merchant shall keep its cell phone number and e-mail address updated and notify PACTO of any change to the same.
18. Promotion and diffusion of third party brands
The Merchant authorizes Pact to use, exhibit and disseminate by any printed or electronic means the commercial name, trademark, logo or any other graphic and written reference of the Merchant for self-marketing promotion of the platform, services and/or licensed software. Likewise, it authorizes the use and obtaining of still or moving images, of the physical components (hardware) and of the hired personnel (employees) inside the physical establishment of the Commerce, as long as they are related to the use and interaction with the platform and/or services, own and licensed, provided by Pact.
All personal and/or sensitive data collected under this Agreement shall be governed by the Covenant Privacy Notice that you will find at https://www.pacto.co/aviso-de-privacidad in terms of the Federal Law for the Protection of Personal Data in Possession of Individuals and other applicable regulations.