Terms and conditions that are celebrated on the one hand for their own rights the user, who will hereinafter be referred to as the "USER", and on the other hand, for their own rights, Mr. César Guadarrama Cantú, who represents the CRETIA brand and who will hereinafter be referred to as the "CRETIA" and together will be referred to as the "PARTIES", in accordance with the following declarations and clauses.
By downloading or using the applications, software, features, and services of CRETIA. By accessing and using this Internet portal, whose domain name is https://www.cretia.app, owned by César Guadarrama Cantú RFC: GUCC9607302S7 hereinafter referred to as "CRETIA", the user is accepting the TERMS AND CONDITIONS OF USE contained in this agreement and expressly declares his acceptance using electronic means, in accordance with the provisions of Article 1803 of the Federal Civil Code and has full capacity to assume the obligations stipulated in this instrument.
In the event of not absolutely and completely accepting the terms and conditions of this agreement, the user must refrain from accessing, using, and observing the website https://www.cretia.app and its mobile application. In case the user accesses, uses, and observes the website https://www.cretia.app, https://https://cretia.app/login, or its mobile application, it will be considered as an absolute and express acceptance of the TERMS AND CONDITIONS OF USE stipulated here.
The mere use of said internet page grants the general public the status of a user (hereinafter referred to as the "User" or the "Users") and implies the full and unconditional acceptance of each and every one of the general and specific conditions included in these TERMS AND CONDITIONS OF USE published by CRETIA at the very moment the user accesses the website or the mobile application. Any modification to the present TERMS AND CONDITIONS OF USE will be made when the holder of the same, in this case CRETIA considers it appropriate, it being the exclusive responsibility of the user to ensure knowledge of such modifications.
Declarations
Both PARTIES declare to mutually and reciprocally recognize the personality with which they present themselves, as well as the legal capacity, for all legal and contractual purposes that may arise, precisely in the terms of this AGREEMENT. As well as to celebrate this AGREEMENT in a voluntary, free, and responsible manner, without any fraud, injury, error, and/or any defect in the will that invalidates it and therefore, from this moment, renounce any action, means, or legal recourse that later seeks the nullity of this instrument. And Referring to the platform of the SERVICES provided by CRETIA, as "THE PLATFORM", which is housed on an AWS server from Amazon.
Object
This "Agreement" constitutes the terms and conditions applicable to you with respect to the use of the Services and access to them https://www.cretia.app, the applications, the software, the features, the services of CRETIA, which both parties celebrate, as established in this document. At the same time, CRETIA undertakes to provide in favor of the USER the services consisting of a Software as a Service, software that is supported on various platforms/operating systems (mobile application: IOS/Android, web through a web browser and native for Mac Os), which is a service in charge of managing companies, handling the USER's internal information about employees, their clients, their services, locations by GPS, instruments that can be confidential and audible, payroll, social security number, contracts, among others... through the provision of this cloud-based software service, they generate, modify, and send information (hereinafter, the "PROJECT"), which includes, without limitation, the aforementioned (hereinafter, the "SERVICES").
CRETIA undertakes to provide in favor of the User the SERVICES object of this AGREEMENT in accordance with the dates that the user indicates and pays. It is established that 98% of the time the availability of the PLATFORM is guaranteed.
License
By virtue of the celebration of this agreement, "CRETIA" grants and grants to the User the non-exclusive, revocable, and non-transferable right to view and use the website https://www.cretia.app, https://https://cretia.app/login or its mobile application in accordance with the TERMS AND CONDITIONS OF USE stipulated here. For the purposes of this agreement, the parties agree that by "User" it shall be understood any person of any nature who enters the website https://www.cretia.app and/or any of the subpages that display their content and/or the person of any nature who registers and/or uses any of the services offered through said page.
The user may only print and/or copy any information contained or published on the website https://www.cretia.app or its mobile application exclusively for personal use. The commercial use of such information is strictly prohibited. In the event of being a legal entity, it will be subject to the provisions of Article 148, section IV of the Federal Copyright Act.
The reprinting, publication, distribution, assignment, sublicense, sale, electronic or other reproduction, in whole or in part, of any information, document, or graphic that appears on the website https://www.cretia.app or its mobile application for any use other than personal non-commercial use is expressly prohibited to the user, unless it has the prior written authorization of CRETIA.
Rules for the use of the website
The user and CRETIA agree that the use of the website https://www.cretia.app will be subject to the following rules:
The user acknowledges and agrees that the information published or contained on the site will be clearly identified in such a way that it is recognized that the same comes from and has been generated by CRETIA or its suppliers.
However, the information, concepts, and opinions published on said site do not necessarily reflect the position of CRETIA or its employees, officials, directors, shareholders, licensees, and concessionaires. For this reason, CRETIA is not responsible for any information, opinions, and concepts that are issued on the web page or the referred app. Likewise, CRETIA is not responsible for the information contained on the Internet page, including the subpages, understanding that the use and monitoring of it is under the risk and responsibility of the user.
CRETIA reserves the right to block access or remove in whole or in part any information, communication, or material that in its sole judgment may be: i) abusive, defamatory, or obscene; ii) fraudulent, contrived, or deceptive; iii) in violation of the copyright, trademarks, confidentiality, trade secrets, or any other intellectual property right of a third party; iv) offensive or; v) that in any way contravenes what is established in this agreement. If the user wishes to obtain more information on a specific topic provided by CRETIA or its suppliers, they must consult directly with each one of them, as appropriate, and/or with a specialist in the field.
CRETIA reserves the right to delete or modify the content of this page that, in CRETIA's sole judgment, does not meet its standards or that could be contrary to current legal regulations and, consequently, will not be responsible for any failure or delay that results from deleting such material.
Formats
Users acknowledge that, by providing the personal information required in any of the services provided on this website or mobile application, they grant CRETIA the authorization indicated in Article 109 of the Federal Copyright Act. In all cases, users will be responsible for the accuracy of the information provided to CRETIA.
Also, for the provision of services, the user must also accept the terms and conditions stipulated for this purpose.
Effectiveness
This AGREEMENT will have an indefinite effectiveness.
Notwithstanding the foregoing, the PARTIES may terminate this AGREEMENT by giving notice to the other Party.
The USER acknowledges and undertakes to fully cover and pay CRETIA the amounts corresponding to the latter for the SERVICES performed until the date of termination of this instrument.
Also, the PARTIES agree that the payment obligations, royalties, and confidentiality, as established in this instrument, respectively, as well as any other obligations that correspond, will survive the early termination of this instrument by any of the PARTIES.
Obligations of the Parties
OBLIGATIONS OF CRETIA. CRETIA undertakes for the USER to the following:
To provide the SERVICES with due care and the greatest possible efficiency, using the highest degree of effort and professionalism according to the nature of the same.
Not to disclose the Confidential Information communicated by the USER in connection with the timely and efficient provision of its SERVICES.
To comply with the other obligations it acquires by virtue of this instrument.
USER'S OBLIGATIONS. The User undertakes for CRETIA to the following:
To cover the consideration established on the PAGE according to the selected Service.
To comply with the other obligations it acquires by virtue of this instrument.
Confidentiality
THE PARTIES, at no time and under no circumstances, may, directly or indirectly, disclose, reveal, or in any other way make known to any third party, nor may they exploit themselves or by an intermediate person, directly or indirectly, without the prior written authorization of the other Party, any part or all of the Confidential Information (according to this term is defined below), by virtue of which it would represent an undue use of said information and would cause the affected Party irreparable damages. The Representatives (according to this term is defined below) must use the Confidential Information solely and exclusively for the provision of the SERVICES in favor of the USER.
The assistance and relationship that exists between the User and CRETIA will be kept in complete confidentiality, and all the information that CRETIA manages about the User will be kept in complete confidentiality.
It is clear that everything with which the PLATFORM is being fed by the User is the responsibility of the USER, and CRETIA is not responsible for any information leakage, nor the quality of the information with which the PLATFORM is fed; all the information with which this PLATFORM is fed is the responsibility of the USER, this could be on the Web or through the mobile device or iPad, or any device through which the PLATFORM could be used.
CRETIA has the right to analyze the information with which the PLATFORM is fed, since the USER agrees to it, in order to use the images and information uploaded to said PLATFORM to improve processes and thus, improve the algorithm.
Copyright and Industrial Property
CRETIA, the website https://www.cretia.app, its mobile application, its logos, and all the material that appears on said site, are trademarks, domain names, trade names, and artistic works owned by their respective owners and are protected by international treaties and applicable laws on intellectual property and copyright.
The copyright to the content, organization, compilation, collection, information, logos, photographs, images, programs, applications, and in general any information contained or published on the website https://www.cretia.app are duly protected in favor of CRETIA, its affiliates, suppliers, and/or their respective owners, in accordance with the applicable legislation on intellectual and industrial property.
Users are expressly prohibited from modifying, altering, or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos, or in general any indication referring to the ownership of the information contained on the site indicated.
In the event that the user transmits to CRETIA any information, programs, applications, software, or in general any material that needs to be licensed through the website https://www.cretia.app, the user hereby grants CRETIA a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, exhibit, and publicly perform them.
The foregoing will also apply to any other information that the user sends or transmits to CRETIA, including, without limitation, ideas for renewing or improving the website https://www.cretia.app or its mobile application, whether they have been included in any space on the indicated page or by virtue of other known or future means or modes of transmission.
Therefore, the user expressly waives with this act to carry out any action, demand, or claim against CRETIA, its affiliates, or suppliers for any actual or potential violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas, and other material that the user sends to the website https://www.cretia.app or mobile application.
It is our policy to act against the violations that may arise or originate in matters of intellectual property, as stipulated in the legislation and other applicable intellectual property laws, including the removal or blocking of access to material subject to activities that infringe the intellectual property rights of third parties. If any user or third party considers that any of the contents found or introduced on said site https://www.cretia.app and/or any of its services violate their intellectual property rights, they must send a notification to the following address [email protected], indicating: i) true personal data (name, address, telephone number, and email address of the claimant); ii) autograph signature with the personal data of the holder of the intellectual property rights; iii) precise and complete indication of the protected content (s) by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; iv) express and clear statement that the introduction of the indicated content (s) has been carried out without the consent of the holder of the allegedly infringed intellectual property rights; v) express, clear, and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content (s) constitutes a violation of said rights.
Advertising Material
The user acknowledges and accepts that CRETIA is an organization independent of third-party sponsors and advertisers whose information, images, advertisements, and other advertising or promotional materials (the "advertising material") may be published on the website https://www.cretia.app or its mobile application.
The user acknowledges and accepts that the advertising material is not part of the main content published on said site. Likewise, they acknowledge and accept with this act that this material is protected by the laws applicable to intellectual and industrial property.
Prices
Unless indicated separately, all prices shown through the site https://www.cretia.app/es/pricing include taxes.
The user undertakes to pay to CRETIA for the execution of the SERVICES the amount corresponding to the number of modules contracted by the USER in the corresponding month, respecting the deadlines given for said payments. These prices are published on the website.
The consideration amounts must be paid by the USER to CRETIA through Stripe at [email protected]. In the event that the payments are not made within the deadlines stipulated by both parties, a grace period of 30-thirty days will be granted from the day following the payment deadline, and all services of the User will be suspended, with the information being permanently deleted after the last payment.
When contracting the project, 30-thirty free days would be given, and it would start charging after these 30-thirty days ended. The price of the services will always be published on the website https://www.cretia.app/mx/pricing.
If the payment is decided to be made by the user annually, and it is decided to terminate the contract before, the USER will be refunded the proportional part of the months that were not worked, without any penalty, giving prior notice to CRETIA.
During the grace period of 30-thirty days, if the Users were not satisfied with the service and do not want to hire it, the service will be canceled, and all stored information will be deleted, with CRETIA being absolved of any responsibility.
Product and Service Descriptions
CRETIA is a platform specialized in the optimization of service management, personnel, routes, inventories, and fleet monitoring for businesses whose service management is carried out via domicile, with the aim of offering the best service to its clients. Users will be able to access and make use of the platform through the acquisition of a subscription in any of the modalities described on https://www.cretia.app/es/pricing
The CRETIA platform is available for the administrator on the Web and Mac OS. Likewise, users will be able to access a mobile application, available for iOS and Android devices, which is used in the provision of services.
Returns and Cancellations
Charges made to debit or credit cards, as well as payments made through SPEI for the products and/or services that are commercialized through the platform of https://www.cretia.app or its mobile application and are acquired by users, will not be subject to refund.
With the exception of what is stated in the previous paragraph, users who subscribe will have a period of up to 30-thirty days through which they may make use of the platform in this modality at no cost, being able to cancel their subscription at any time within said period.
Also, within the platform, CRETIA may offer special discounts to users when contracting annual subscriptions for their work team. In this case, if the user wishes to cancel their subscription, they may request a refund for the unused annual subscription until the time of cancellation.
Denial of Warranties
The user agrees that the use of the website https://www.cretia.app or its mobile application is done at their own risk and that the services and products provided and offered are based on availability. CRETIA disclaims any liability and conditions, both express and implied, in relation to the services and information contained or available on or through this website; including, without limitation:
The availability of use of the website https://www.cretia.app and/or https://cretia.app or its mobile application.
The absence of viruses, errors, disablement, or any other contaminating or destructive material
