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Terms and Conditions
PLEASE READ CAREFULLY WHAT IS STIPULATED IN THIS AGREEMENT. IN CASE OF ANY QUESTIONS OR DISCREPANCIES, PLEASE STOP USING THE “PLATFORM” AND LEAVE THE WEBSITE. IT WILL BE UNDERSTOOD THAT, BY REMAINING ON THE WEBSITE, AS WELL AS BY MAKING USE OF THE “PLATFORM”, THIS AGREEMENT IS ACCEPTED IN ITS ENTIRETY BY THE USER AND THAT HE UNDERSTANDS THE LEGAL SCOPE OF WHAT IS EXPRESSED THEREIN, GRANTING ALL THE CORRESPONDING RIGHTS IN FAVOR OF ARTIFICIAL NERDS, S.A.P.I.
Legal prevention. These terms and conditions are mandatory between You (the “User”, who is the natural or legal person who uses the ARTIFICIAL NERDS “Platform” in accordance with the scope of this legal instrument) and ARTIFICIAL NERDS, S.A.P.I. DE C.V. (hereinafter “ARTIFICIAL NERDS”). Therefore, this is a binding contract and constitutes the total agreement between the parties for the use of the website, digital platforms, electronic commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS (hereinafter the “Platform”), as well as for the provision of ARTIFICIAL NERDS services. Prior to the start of creating their profile on the “Platform” and/or making use of it, the User grants their consent to these Terms and Conditions.
The use of the “Platform”, its contents and information available on it, is subject to the following:
1. Object.
The purpose of the Agreement is that the User can use the “Platform” offered by ARTIFICIAL NERDS, subject to the User's acceptance of these terms and conditions.
2. Definitions.
For the purposes of these Terms and Conditions, the following definitions shall have the following meanings:
Agreement: these Terms and Conditions, together with the Privacy Notice, will be understood as the total agreement between ARTIFICIAL NERDS and the User.
Privacy Notice: this is the Privacy Notice regarding the collection and use of personal data that is collected by ARTIFICIAL NERDS through the “Platform” as indicated in point 15.
ARTIFICIAL NERDS: is ARTIFICIAL NERDS, S.A.P.I DE C.V., owner of the “Platform” and the services offered through which the User will contact third parties to offer various products or services.
Seller: This is the person who owns a Facebook page that sells a product or service and who enables ARTIFICIAL NERDS to serve its customers through its “Platform” and participate in the sales process with them.
Third parties: These will be individuals or legal entities who purchase, through the “Platform”, any product or service offered by the User.
Messenger: is the Facebook® messaging “Platform”, through which the User, through their Facebook® account, sells their products and/or services, through the domain or subdomain indicated by the User, linked or redirected to it.
Website: means the internet page https://app.ARTIFICIALNERDS.me, through which the User can register so that they can sell their products and/or services through Messenger.
User Profile: this is the username and password that the User will use to access and use the “Platform”.
“Platform”: refers to the use of the website, digital platforms, e-commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS, as well as the provision of ARTIFICIAL NERDS services.
User: that natural or legal person, as indicated in point 3. On the understanding that the term “User” is used interchangeably, without reference or distinction between any gender identity or sexual identity, to refer to the natural or legal person who accepts the Privacy Notice and these Terms and Conditions.
The above definitions will be used regardless of the genre or grammatical number with which they are expressed, without affecting the meaning of the same, and the meaning given to them in this Agreement must prevail.
3. General Terms and Statements.
To make use of this “Platform” and the services offered to the User by ARTIFICIAL NERDS:
The User declares the following:
(i) If you are a natural person: i) you declare that you are of legal age, have full legal capacity to use the “Platform” and its services; ii) have sufficient financial means to meet your obligations; iii) have and maintain sufficient authorizations and permissions to carry out your activities in accordance with these Terms and Conditions; iv) have a current Facebook® account, to connect with the “Platform”. Under no circumstances is access allowed to minors or to persons who do not have sufficient legal capacity to acquire obligations.
(ii) If you are a legal person: i) you are duly constituted in accordance with applicable legislation; ii) within your corporate purpose, you are able to enter into this Agreement, as well as to offer your products and/or services; iii) that your legal representative has been given sufficient powers to bind your representative to the terms of these Terms and Conditions, which have not been limited, modified or revoked at the date of their acceptance; iv) who is duly registered in the Federal Register of Taxpayers and up to date in complying with their tax obligations.
Declare ARTIFICIAL NERDS, the following:
i) To be a commercial company duly constituted in accordance with Mexican laws; ii) that, within its corporate purpose, is able to offer the services offered to the User through these Terms and Conditions; iii) that it is duly registered in the Federal Register of Taxpayers and up to date in compliance with its tax obligations. The User undertakes to provide certain, real and verifiable information, as well as with respect to any other data that enters the “Platform”. Consequently, the User releases ARTIFICIAL NERDS from any liability arising from this point. The User will be responsible to ARTIFICIAL NERDS for any damages that such information may cause to ARTIFICIAL NERDS or its customers and suppliers. If using the “Platform” or any tool included in it, the User accepts that ARTIFICIAL NERDS's security procedures are commercially reasonable. The User is prohibited from allowing third parties to use their Facebook® account to carry out any type of action, since they understand that the use of the “Platform” is personal and direct. ARTIFICIAL NERDS may at any time verify, by itself or by a third party designated by it, the data of the Users. In the event that there are indications that the information provided is false or inaccurate, ARTIFICIAL NERDS reserves the right to deny access to and use of the “Platform” to the User. The User, for their part, will accept that ARTIFICIAL NERDS verifies their data and that they are real, true and verifiable and releases ARTIFICIAL NERDS from any liability arising from this point. Each User account must be used only by one person and each User is solely responsible for the use and management of their Facebook® account and the User Profile generated on the “Platform”, including their passwords.
4. Operation of the “Platform”.
The “Platform” is a website, digital platforms, e-commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS that provides e-commerce services through conversational interfaces. It was designed with an advanced text recognition system, a sales recommendation system and sophisticated natural language processing techniques. The buying process is carried out through conversations with people. This interaction is carried out through “ARTIFICIAL NERDS”, an intelligent conversational agent that can learn to sell any product, as indicated in the Agreement.
5. General use of the “Platform”.
ARTIFICIAL NERDS will allow the User to access and make use of the “Platform”, through their initial registration on the Website and then through Messenger, entering their Facebook® account and using it in accordance with these Terms and Conditions. The User understands that this “Platform” may not be used for any other purpose other than that expressly stated in these Terms and Conditions, including fraudulent activities or activities contrary to morals and good morals. Consequently, any use of the “Platform” for purposes other than those expressly established between the parties, as well as for carrying out conduct contrary to laws, morals and good manners is strictly prohibited. ARTIFICIAL NERDS may block, interrupt or restrict the use and access to the “Platform”, Website, when it deems it necessary, as well as delete or cancel the “Platform” or any of the parts that comprise it in case of misuse of the same. The User undertakes not to perform any act or use any software or method to enter and/or remove the security of the “Platform” to access the source code, algorithms or the servers of ARTIFICIAL NERDS or the “Platform”, responsible for civil consequences and/ or criminal offences that such conduct generates. The User acknowledges that due to the nature of the “Platform”, it may be periodically disabled to improve and maintain it, so if the User is unable to access the “Platform” for maintenance and improvement reasons, it will not be understood at any time as a breach by ARTIFICIAL NERDS of this Agreement, and the User may access the “Platform” once the “Platform” is enabled again. It is entirely at the discretion of ARTIFICIAL NERDS to modify the “Platform”, such as its navigation, menu, content, sites, content, frames, hyperlinks and banners, texts, among others, so that the User, by using the “Platform” after such modifications, tacitly accepts that he agrees to such changes. At any time, the User may send to ARTIFICIAL NERDS an email with comments and/or suggestions about the “Platform”, which will not be understood as mandatory or binding and may or may ARTIFICIAL NERDS take them into account to improve the User's experience on the “Platform”.
6. License to use the “Platform”.
ARTIFICIAL NERDS hereby grants the User a limited, temporary, non-exclusive, revocable, onerous license, and without the right to sublicense, for the latter to use the “Platform” in accordance with these Terms and Conditions. This license will be in effect indefinitely until the User restricts the right to use their data to ARTIFICIAL NERDS through their Facebook® account. In view of the foregoing, the User is expressly prohibited from selling, renting, allowing access to third parties, redistributing and/or transferring the content of the “Platform”, accessing the content or the “Platform” itself, as well as reproducing, making copies or derivative works of the “Platform”. ARTIFICIAL NERDS will at all times maintain ownership of all copies of the software applications of the “Platform” that allow the use of the same, including the source code and object code for programming the computer program, mobile applications and digital tools of ARTIFICIAL NERDS, as well as all content that is the property of ARTIFICIAL NERDS. Therefore, the User expressly accepts that the use of the “Platform” and its content is granted as a license, without any intellectual property rights being transferred or transferred to the User. In the event that ARTIFICIAL NERDS uses any type of third-party software that is included in the “Platform”, it is provided to the User in accordance with the user licenses, terms and conditions, as well as restrictions established by the owner.
7. Use of Messenger.
The User acknowledges and accepts that Messenger is operated by Facebook®, and must therefore be guided, complied with and bound by the Facebook® Use Policies, as well as by the Declaration of Rights and Responsibilities, Facebook® Principles, Data Policy, and other regulations and policies established by Facebook®, relieving ARTIFICIAL NERDS from any and absolute responsibility for non-compliance with the above.
8. Payment system.
The User acknowledges and accepts that banking transactions and operations for the collection of products and/or services offered and marketed through the Website and/or Facebook® Messenger, making use of the “Platform”, will be carried out through a third party called “Marketing, Ideas and Technology, S.A. de C.V.” (hereinafter “MIT”), and its payment system known as “SPUG”. Therefore, at the time of accepting this Agreement, you expressly acknowledge that you accept and sign the “Transaction Processing Agreement” (hereinafter “SPUG Contract”), which is available on the following website: SPUG Contract. If required, the User must provide all the documentation and information required by MIT, either in original or copy, such as: official identification, constitution, Federal Taxpayer Registry, SPUG Agreement, among others. The User acknowledges that the acceptance of the SPUG Contract is conditional on being able to use the “Platform”.
9. Registration to the ARTIFICIAL NERDS “Platform” and services.
To use the “Platform”, the User must register on the Website or through Facebook® Messenger; the purpose of the registration is to have a minimum of data that allows us to contact the User and validate that they are a real person, in accordance with the following:
The user may access the Website or Facebook® Messenger and must first read the Privacy Notice, as well as the Terms and Conditions and accept them. Otherwise, you are not allowed to continue with your registration or access to the “Platform”.
To continue with the User's registration when accessing the Website, the User will send them to Messenger Facebook® or directly to Messenger Facebook® with their personal profile and accept the permissions requested from them: (i) manage their pages in order to send messages through them; (ii) access their email; (iii) have access to their list of friends; and, (iv) their public profile. It is essential to grant and authorize all permissions to be able to use the “Platform” and continue with the Registration process.
You will be asked if you are a natural or legal person. If they are a legal person, the User must be a legal representative and must provide the Federal Taxpayers Register of the company they represent.
You must confirm that the name provided to us by Messenger Facebook® is your full name or you must edit it. You will need to enter your mobile phone (10 digits).
You must attach the image of your official identification (IFE, INE, passport), on both sides, of the natural person or legal representative of the legal person. Allowed formats are jpg, png and pdf.
You are asked for CLABE from the bank account where the sales money will be deposited.
Once the User has successfully completed their registration on the “Platform”, they can start uploading items and even make real sales without limits, which will not be subject to maximum daily trading amounts.
The User agrees that for advertising purposes and to better understand their needs, ARTIFICIAL NERDS may use the conversations, images that users upload to the “Platform”, as well as all the content they register on it (such as their logos, texts, descriptions, prices, among others) so that, through this information, ARTIFICIAL NERDS can provide a better service.10. Consideration for use of the “Platform”. The User must pay ARTIFICIAL NERDS a commission of 5 (five)% (percent) on the amount of each transaction plus Value Added Tax. The obligations that may be contracted by the parties through this “Platform” will be in Mexican pesos.
The charge will be made to the credit and/or debit card indicated by the Buyer, through the ARTIFICIAL NERDS “Platform” that uses the SPUG payment system service.
If we are unable to process the payment for any reason, such as if the Buyer has cancelled or cancelled the debit or credit card as the case may be, ARTIFICIAL NERDS will not be able to make the corresponding charge, without any responsibility for ARTIFICIAL NERDS. Fees and payments will not be refundable, so in any case the Buyer must review them directly with the User.
10. Unsubscribe from the “Platform” User.
The User may at any time unsubscribe from the “Platform”: (i) directly removing from their Messenger account the rights of ARTIFICIAL NERDS to access their conversations; or (ii) send their unsubscribe request to the following email: soporte@nerds.ai
11. Restrictions on use.
This “Platform”, as well as its content, including but not limited to: artistic and literary works, related rights, reservations of rights, texts, graphic elements, brands, photographs, commercial notices, formats, computer programs (source code/object code), trademarks and service marks, commercial notices, trade names, designs and other intellectual property works and assets, among others, are the exclusive property of ARTIFICIAL NERDS, or has the necessary authorizations for their use; therefore, they are protected by the Federal Copyright Act, the Industrial Property Act, as well as any other applicable Intellectual Property law, and the User is strictly prohibited from copying, reproducing, distributing, transmitting, transforming, communicating publicly, mutilating or modifying in any way the “Platform”, as well as its content, either in whole or in part, as well as creating and disseminating derivative works from any material on the “Platform”, in any medium known or to be known in the future, without the prior consent from ARTIFICIAL NERDS or the owner of the property rights to such materials. All rights not granted under these Terms and Conditions are reserved by ARTIFICIAL NERDS.
Notwithstanding the foregoing, the User may: i) download or print for consultation the material contained in the “Platform”, for personal use only; ii) download or print the material sent to their email by ARTIFICIAL NERDS, solely for their personal use.
The User cannot under any circumstances and, therefore, is prohibited from using spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or reproduce and distribute the “Platform” and the content available on it. The site user cannot resell access to the “Platform” or any content included in it to third parties.
In addition, the User may not: i) send to the “Platform” any content including information, advertisements, texts or photos; files damaged or infected with viruses, which may cause damage to the “Platform”, to ARTIFICIAL NERDS, and/or to any other registered User, including third-party equipment; ii) send or share information with erotic, pornographic, obscene, defamatory or libelous content, or to condone crime, the consumption of drugs, alcohol or smoking products, physical violence or moral violence, or even that threatens violation of ethical principles, morals or good manners; iii) promote or incite discrimination (including discrimination based on origin, race, sex, color and age) or any form of discrimination, hatred or illegal activities; iv) infringe the legal provisions or rights of third parties, including intellectual property rights, privacy and personality rights; v) send information that contains incorrect, false, sensitive or confidential data or any information that may cause confusion among Users; vi) use the “Platform” or the services available for purposes other than those for which they are intended; vii) use the data published on the “Platform” for any purpose other than to make use of it in accordance with these Terms and Conditions; viii) send information that is the property of third parties, including manipulating or disguising the origin of any content uploaded to the web, or even to assume the identity of another person (impersonation or phishing); ix) carrying out acts that can directly or indirectly cause harm on the “Platform”, to ARTIFICIAL NERDS and/or to any subsidiary, subsidiary, controller, partner, shareholder of ARTIFICIAL NERDS, as well as to any other User, client of ARTIFICIAL NERDS or third parties.
ARTIFICIAL NERDS is responsible for operating and maintaining the “Platform”, for presenting the information and contents of the “Platform”; however, such content may come not only from ARTIFICIAL NERDS but also from Third Parties, so ARTIFICIAL NERDS is only responsible for its own operation and content, so, with respect to third-party content, its responsibility is limited to presenting the content “as is” provided to it. In addition, the “Platform” has been created for the operation and development of ARTIFICIAL NERDS's business activities and serves as a tool to complete the services contracted by its clients, as well as to inform Users about the details of any type of commercial or promotional activity of ARTIFICIAL NERDS Services and Programs.
12. User Responsibility.
The User must at all times make good use of the “Platform”, and must take care of the content of their publications and not attack any other User. In the same way, the User undertakes not to publish any content contrary to morals and good manners, or content that is considered to be invasive or misleading advertising, and ARTIFICIAL NERDS may, at its sole discretion, delete such publication and even delete the User Profile if it affects any third party. The User acknowledges that all the material they publish and/or upload to the “Platform” is of their full authorship, ownership or, where appropriate, has sufficient authorization or license to publish such material. The User acknowledges and accepts that the services and/or products sold through the Website and/or Messenger are legal, are in commerce, and purchased them lawfully, so they cannot market or make available any service or product that goes against any Mexican Law or International Convention or Treaty signed by Mexico, such as: firearms, drugs, human organs and tissues, blood, or performing acts of pornography, trafficking in persons or any other regulated by the General Law of Federal and local Health or Criminal Code. In the same way, it states that it has all the necessary permits, authorizations and legal capacity to carry out acts of commerce. Any breach of what is indicated in this point will result in the cancellation of the User Profile, which will be at the sole discretion of ARTIFICIAL NERDS, leaving the rights of any third party affected by such consequences, and the User must respond on behalf of ARTIFICIAL NERDS and take out in peace and safe from any complaint, demand, etc. The User undertakes not to perform any act or use any software or method to access and/or eliminate the security of the “Platform” to access the source code, algorithms neither to the ARTIFICIAL NERDS servers nor to the “Platform”, responsible for the civil and/or criminal consequences that such conduct generates. The User must at all times conduct himself with the Other Users in a serious, professional and respectful manner; in the event that he does not do so and ARTIFICIAL NERDS receives a complaint from Other Users, the User may suspend and delete the User's account.
13. Limitation and release of liability for ARTIFICIAL NERDS.
The User does not reserve or exercise any action of any nature, against ARTIFICIAL NERDS, its partners, shareholders, employees, agents and collaborators, subsidiaries and/or subsidiaries, or any other member of ARTIFICIAL NERDS, as well as business partners and suppliers, that could result directly or indirectly from any risk and poisoning that may or may occur to the User or the people who consume the Products. The information provided, comparisons, and images are merely illustrative and informative, true and verifiable and are not intended to mislead or confuse the consumer or the User.
14. Personal Data and Simplified Privacy Notice.
Artificial Nerds, S.A.P.I. DE C.V., with address at Calle Corregidora 92, Colonia Miguel Hidalgo, Mexico City, municipality or delegation Tlalpan, C.P. 14260, in the entity of Mexico City, country Mexico, and internet portal http://dashboard.ARTIFICIAL Nerds.io will collect, process and use your personal data obtained for the provision of the Services and Products. For more information about the treatment and the rights you can assert, you can access the comprehensive privacy notice through the website https://app.ARTIFICIAL Nerds.me/Politica-privacy or at the offices of ARTIFICIAL NERDS.
15. Intellectual Property.
All names, logos and trademarks are the property of ARTIFICIAL NERDS, its clients or content providers and none of these elements may be used for any purpose without express written authorization from the owner of such distinctive signs. Unauthorized use of such elements will be sanctioned in accordance with applicable legislation. In addition, all material contained in the “Platform”, including but not limited to: designs, drawings, computer programs (source code and object code), databases, graphic, audiovisual, photographic material, texts, inventions, models, patents, and other Intellectual Property rights are the sole and exclusive property of ARTIFICIAL NERDS and are protected by the Federal Copyright Act, the Industrial Property Act, as well as by the Intellectual Property laws of other countries and International Treaties in the subject matter of which Mexico is a part. In addition, by accepting these Terms and Conditions, the User grants a non-exclusive, free and irrevocable license to ARTIFICIAL NERDS, with respect to any work protected by the Federal Copyright Act that the User may provide or upload to the “Platform”, guaranteeing that they meet the requirement of originality and are original, so in this act the User undertakes to remove ARTIFICIAL NERDS in peace and security from any claim deriving from the ownership and/or authorship of said works, including any attorneys' fees, expenses, compensation or expenditures that ARTIFICIAL NERDS has made for your defense. The non-exclusive license will be valid for 15 years starting from the upload of the work to the “Platform” by the User. The territorial scope of the license will be the entire world.
16. Confidential Information.
CONFIDENTIAL INFORMATION means any information disclosed by ARTIFICIAL NERDS and/or its subsidiaries, present or future subsidiaries and/or customers of the same to the User, in any form and medium, including but not limited to, in verbal, electronic, visual, written or any other tangible form, including without limitation ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, procedures, reports, technical reports, minutes, know-how, industrial secrets, patents, rights of author, software, licenses, data, inventions, algorithms, techniques, processes, plans and projects for marketing, advertising, strategies, forecasts, confidential information from third parties, lists of customers, contacts, suppliers, business plans, market analysis, market knowledge or any other technical, economic, business or any other information that is the property of ARTIFICIAL NERDS, its subsidiaries, and/or customers or potential customers, as well as any information relating to or related to operations, business development, product development, development of new projects, finance, marketing, advertising, commercial promotions, logistics, promotional exchange operations or any information whose disclosure and exposure, whatever its form, would in any way harm ARTIFICIAL NERDS and/or its subsidiaries, subsidiaries and/or its customers.
The User undertakes not to seize, use or exploit, by himself or by third parties, directly or indirectly, for his own benefit or that of third parties and not to disclose or disclose to third parties the CONFIDENTIAL INFORMATION of ARTIFICIAL NERDS or its clients, to which he has, has or will have access in the future. In addition, the User undertakes to take all reasonable measures to avoid any prohibited dissemination and/or misuse of CONFIDENTIAL INFORMATION.
The User expressly acknowledges that the CONFIDENTIAL INFORMATION that ARTIFICIAL NERDS has provided to him or that he provides in the future may also constitute an Industrial Secret, under the terms of Article 82 of the Industrial Property Law, and is therefore obliged not to disclose or disseminate said Industrial Secret, by any form or means and to be governed in respect of it, by Title Three of the Industrial Property Law. The foregoing, without prejudice to the corresponding civil and/or criminal penalties for violation of Intellectual Property Rights, including the crime of disclosure of secrets, contemplated in articles 210, 211, 211 bis and other related articles of the Federal Criminal Code. In addition, the User acknowledges that the CONFIDENTIAL INFORMATION provided (past, present and future) by ARTIFICIAL NERDS is and will remain the property of the latter, so the User does not acquire any type of right, license, property or interest in it, to copy, sell, use or dispose of it in any way, being expressly and exclusively limited to using it for the purposes indicated by ARTIFICIAL NERDS.
The User will be solely responsible for ensuring and maintaining the confidentiality and security of the personal password used for their user account of the ARTIFICIAL NERDS “Platform”. The User agrees not to disclose their personal password to third parties and will be solely responsible for any use or action derived from the use of said key on the ARTIFICIAL NERDS “Platform”. In addition, the User undertakes to immediately notify ARTIFICIAL NERDS in the event that their personal password has been lost or stolen.
17. Amendments.
Any modification to this agreement may be made only by ARTIFICIAL NERDS, without the need for express consent or notification to the User, on the understanding that it is the User's obligation to be aware of any changes or modifications to the same. Any changes can be reviewed on the website https://app.ARTIFICIALNerds.me/Terms-Conditions in the Terms and Conditions section or request them to the email: soporte@nerds.ai The use of the “Platform” by the User after such modifications will be understood as acceptance of the changes.
18. Non-compliance.
In the event of non-compliance with any of the obligations of these Terms and Conditions, as well as applicable legislation, ARTIFICIAL NERDS may suspend access to the “Platform” or delete the User's profile; without prejudice to the legal actions available in favor of ARTIFICIAL NERDS in the event that any conduct of the User causes harm or prejudice.
The User undertakes to release ARTIFICIAL NERDS in peace and security for any claim, complaint, demand, complaint or proceeding of any kind derived from its non-compliance, and must compensate ARTIFICIAL NERDS for all expenses incurred for its defense, including but not limited to attorney fees, as well as any type of compensation paid by ARTIFICIAL NERDS.
19. Jurisdiction.
The “Platform” will be available online regardless of the fact that it may not be available in the country where the User is located. This “Platform” is controlled and operated by ARTIFICIAL NERDS from the United Mexican States (Mexico) and ARTIFICIAL NERDS does not guarantee, explicitly or implicitly, that the information and material contained in the “Platform”, including without limitation information and other materials that promote the commercial activities, products or services described here, are appropriate or available in other locations. Additionally, some software on the “Platform” may be subject to export regulations imposed by the government of Mexico, so it cannot be downloaded and/or copied, or exported or re-exported, into (or to a citizen or resident of) a country that is under embargo by the Mexican government or in which the import or download of such software is restricted (hereinafter “Restricted Country”).
If the User downloads or uses the software, he establishes and guarantees that he is not a citizen, that he does not reside in or is in territory controlled by, any Restricted Country. Mexican laws will govern these Terms and Conditions, so you expressly agree to waive any jurisdiction that may apply to you by reason of your current or future domicile, expressly submitting to the jurisdiction and competence of the courts of Mexico City, with respect to all matters related to these Terms and Conditions.
20. Disclaimer of guarantees.
ARTIFICIAL NERDS makes no representation or warranty about the accuracy, reliability or completeness of the content of the “Platform”, within the limitations established by law, ARTIFICIAL NERDS disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Furthermore, ARTIFICIAL NERDS does not guarantee that the “Platform” or the server that makes it available are free of “computer viruses”, so Users use the site at their own risk and responsibility.
21. No existence of an employment relationship.
For all legal purposes, both ARTIFICIAL NERDS and the User are independent parties. Therefore, the User expressly accepts that there is no employment relationship of any kind between ARTIFICIAL NERDS and him.
These Terms and Conditions will not create a relationship between principal and representative, principal and commission agent, substitute employer/employer and employee, partner and associate between the User and ARTIFICIAL NERDS. Neither party shall be empowered to represent and bind the other in any way, and each of the parties shall be solely responsible for their own actions.
22. Contact Information.
For any questions or clarifications, please contact ARTIFICIAL NERDS at the following email address: soporte@nerds.ai, where we can help you.
23. Others.
ARTIFICIAL NERDS, at its discretion, reserves the right to: (i) change this Agreement, (ii) monitor and delete information provided by visitors to the “Platform” and (iii) limit or eliminate the availability of the “Platform”, at any time, without prior notice at the sole discretion of ARTIFICIAL NERDS. If any term, condition or provision of these Terms and Conditions is found to be illegal, invalid, void or for any reason unenforceable, the validity and enforceability of the other provisions will not be affected or impaired in any way. This instrument constitutes a complete agreement between the User and ARTIFICIAL NERDS.
By using the “Platform”, the User grants their consent to all the Terms and Conditions of the Platform.
I ACCEPT THE TERMS AND CONDITIONS OF THIS SITE.
Legal prevention. These terms and conditions are mandatory between You (the “User”, who is the natural or legal person who uses the ARTIFICIAL NERDS “Platform” in accordance with the scope of this legal instrument) and ARTIFICIAL NERDS, S.A.P.I. DE C.V. (hereinafter “ARTIFICIAL NERDS”). Therefore, this is a binding contract and constitutes the total agreement between the parties for the use of the website, digital platforms, electronic commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS (hereinafter the “Platform”), as well as for the provision of ARTIFICIAL NERDS services. Prior to the start of creating their profile on the “Platform” and/or making use of it, the User grants their consent to these Terms and Conditions.
The use of the “Platform”, its contents and information available on it, is subject to the following:
1. Object.
The purpose of the Agreement is that the User can use the “Platform” offered by ARTIFICIAL NERDS, subject to the User's acceptance of these terms and conditions.
2. Definitions.
For the purposes of these Terms and Conditions, the following definitions shall have the following meanings:
Agreement: these Terms and Conditions, together with the Privacy Notice, will be understood as the total agreement between ARTIFICIAL NERDS and the User.
Privacy Notice: this is the Privacy Notice regarding the collection and use of personal data that is collected by ARTIFICIAL NERDS through the “Platform” as indicated in point 15.
ARTIFICIAL NERDS: is ARTIFICIAL NERDS, S.A.P.I DE C.V., owner of the “Platform” and the services offered through which the User will contact third parties to offer various products or services.
Seller: This is the person who owns a Facebook page that sells a product or service and who enables ARTIFICIAL NERDS to serve its customers through its “Platform” and participate in the sales process with them.
Third parties: These will be individuals or legal entities who purchase, through the “Platform”, any product or service offered by the User.
Messenger: is the Facebook® messaging “Platform”, through which the User, through their Facebook® account, sells their products and/or services, through the domain or subdomain indicated by the User, linked or redirected to it.
Website: means the internet page https://app.ARTIFICIALNERDS.me, through which the User can register so that they can sell their products and/or services through Messenger.
User Profile: this is the username and password that the User will use to access and use the “Platform”.
“Platform”: refers to the use of the website, digital platforms, e-commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS, as well as the provision of ARTIFICIAL NERDS services.
User: that natural or legal person, as indicated in point 3. On the understanding that the term “User” is used interchangeably, without reference or distinction between any gender identity or sexual identity, to refer to the natural or legal person who accepts the Privacy Notice and these Terms and Conditions.
The above definitions will be used regardless of the genre or grammatical number with which they are expressed, without affecting the meaning of the same, and the meaning given to them in this Agreement must prevail.
3. General Terms and Statements.
To make use of this “Platform” and the services offered to the User by ARTIFICIAL NERDS:
The User declares the following:
(i) If you are a natural person: i) you declare that you are of legal age, have full legal capacity to use the “Platform” and its services; ii) have sufficient financial means to meet your obligations; iii) have and maintain sufficient authorizations and permissions to carry out your activities in accordance with these Terms and Conditions; iv) have a current Facebook® account, to connect with the “Platform”. Under no circumstances is access allowed to minors or to persons who do not have sufficient legal capacity to acquire obligations.
(ii) If you are a legal person: i) you are duly constituted in accordance with applicable legislation; ii) within your corporate purpose, you are able to enter into this Agreement, as well as to offer your products and/or services; iii) that your legal representative has been given sufficient powers to bind your representative to the terms of these Terms and Conditions, which have not been limited, modified or revoked at the date of their acceptance; iv) who is duly registered in the Federal Register of Taxpayers and up to date in complying with their tax obligations.
Declare ARTIFICIAL NERDS, the following:
i) To be a commercial company duly constituted in accordance with Mexican laws; ii) that, within its corporate purpose, is able to offer the services offered to the User through these Terms and Conditions; iii) that it is duly registered in the Federal Register of Taxpayers and up to date in compliance with its tax obligations. The User undertakes to provide certain, real and verifiable information, as well as with respect to any other data that enters the “Platform”. Consequently, the User releases ARTIFICIAL NERDS from any liability arising from this point. The User will be responsible to ARTIFICIAL NERDS for any damages that such information may cause to ARTIFICIAL NERDS or its customers and suppliers. If using the “Platform” or any tool included in it, the User accepts that ARTIFICIAL NERDS's security procedures are commercially reasonable. The User is prohibited from allowing third parties to use their Facebook® account to carry out any type of action, since they understand that the use of the “Platform” is personal and direct. ARTIFICIAL NERDS may at any time verify, by itself or by a third party designated by it, the data of the Users. In the event that there are indications that the information provided is false or inaccurate, ARTIFICIAL NERDS reserves the right to deny access to and use of the “Platform” to the User. The User, for their part, will accept that ARTIFICIAL NERDS verifies their data and that they are real, true and verifiable and releases ARTIFICIAL NERDS from any liability arising from this point. Each User account must be used only by one person and each User is solely responsible for the use and management of their Facebook® account and the User Profile generated on the “Platform”, including their passwords.
4. Operation of the “Platform”.
The “Platform” is a website, digital platforms, e-commerce, mobile applications and digital tools owned by ARTIFICIAL NERDS that provides e-commerce services through conversational interfaces. It was designed with an advanced text recognition system, a sales recommendation system and sophisticated natural language processing techniques. The buying process is carried out through conversations with people. This interaction is carried out through “ARTIFICIAL NERDS”, an intelligent conversational agent that can learn to sell any product, as indicated in the Agreement.
5. General use of the “Platform”.
ARTIFICIAL NERDS will allow the User to access and make use of the “Platform”, through their initial registration on the Website and then through Messenger, entering their Facebook® account and using it in accordance with these Terms and Conditions. The User understands that this “Platform” may not be used for any other purpose other than that expressly stated in these Terms and Conditions, including fraudulent activities or activities contrary to morals and good morals. Consequently, any use of the “Platform” for purposes other than those expressly established between the parties, as well as for carrying out conduct contrary to laws, morals and good manners is strictly prohibited. ARTIFICIAL NERDS may block, interrupt or restrict the use and access to the “Platform”, Website, when it deems it necessary, as well as delete or cancel the “Platform” or any of the parts that comprise it in case of misuse of the same. The User undertakes not to perform any act or use any software or method to enter and/or remove the security of the “Platform” to access the source code, algorithms or the servers of ARTIFICIAL NERDS or the “Platform”, responsible for civil consequences and/ or criminal offences that such conduct generates. The User acknowledges that due to the nature of the “Platform”, it may be periodically disabled to improve and maintain it, so if the User is unable to access the “Platform” for maintenance and improvement reasons, it will not be understood at any time as a breach by ARTIFICIAL NERDS of this Agreement, and the User may access the “Platform” once the “Platform” is enabled again. It is entirely at the discretion of ARTIFICIAL NERDS to modify the “Platform”, such as its navigation, menu, content, sites, content, frames, hyperlinks and banners, texts, among others, so that the User, by using the “Platform” after such modifications, tacitly accepts that he agrees to such changes. At any time, the User may send to ARTIFICIAL NERDS an email with comments and/or suggestions about the “Platform”, which will not be understood as mandatory or binding and may or may ARTIFICIAL NERDS take them into account to improve the User's experience on the “Platform”.
6. License to use the “Platform”.
ARTIFICIAL NERDS hereby grants the User a limited, temporary, non-exclusive, revocable, onerous license, and without the right to sublicense, for the latter to use the “Platform” in accordance with these Terms and Conditions. This license will be in effect indefinitely until the User restricts the right to use their data to ARTIFICIAL NERDS through their Facebook® account. In view of the foregoing, the User is expressly prohibited from selling, renting, allowing access to third parties, redistributing and/or transferring the content of the “Platform”, accessing the content or the “Platform” itself, as well as reproducing, making copies or derivative works of the “Platform”. ARTIFICIAL NERDS will at all times maintain ownership of all copies of the software applications of the “Platform” that allow the use of the same, including the source code and object code for programming the computer program, mobile applications and digital tools of ARTIFICIAL NERDS, as well as all content that is the property of ARTIFICIAL NERDS. Therefore, the User expressly accepts that the use of the “Platform” and its content is granted as a license, without any intellectual property rights being transferred or transferred to the User. In the event that ARTIFICIAL NERDS uses any type of third-party software that is included in the “Platform”, it is provided to the User in accordance with the user licenses, terms and conditions, as well as restrictions established by the owner.
7. Use of Messenger.
The User acknowledges and accepts that Messenger is operated by Facebook®, and must therefore be guided, complied with and bound by the Facebook® Use Policies, as well as by the Declaration of Rights and Responsibilities, Facebook® Principles, Data Policy, and other regulations and policies established by Facebook®, relieving ARTIFICIAL NERDS from any and absolute responsibility for non-compliance with the above.
8. Payment system.
The User acknowledges and accepts that banking transactions and operations for the collection of products and/or services offered and marketed through the Website and/or Facebook® Messenger, making use of the “Platform”, will be carried out through a third party called “Marketing, Ideas and Technology, S.A. de C.V.” (hereinafter “MIT”), and its payment system known as “SPUG”. Therefore, at the time of accepting this Agreement, you expressly acknowledge that you accept and sign the “Transaction Processing Agreement” (hereinafter “SPUG Contract”), which is available on the following website: SPUG Contract. If required, the User must provide all the documentation and information required by MIT, either in original or copy, such as: official identification, constitution, Federal Taxpayer Registry, SPUG Agreement, among others. The User acknowledges that the acceptance of the SPUG Contract is conditional on being able to use the “Platform”.
9. Registration to the ARTIFICIAL NERDS “Platform” and services.
To use the “Platform”, the User must register on the Website or through Facebook® Messenger; the purpose of the registration is to have a minimum of data that allows us to contact the User and validate that they are a real person, in accordance with the following:
The user may access the Website or Facebook® Messenger and must first read the Privacy Notice, as well as the Terms and Conditions and accept them. Otherwise, you are not allowed to continue with your registration or access to the “Platform”.
To continue with the User's registration when accessing the Website, the User will send them to Messenger Facebook® or directly to Messenger Facebook® with their personal profile and accept the permissions requested from them: (i) manage their pages in order to send messages through them; (ii) access their email; (iii) have access to their list of friends; and, (iv) their public profile. It is essential to grant and authorize all permissions to be able to use the “Platform” and continue with the Registration process.
You will be asked if you are a natural or legal person. If they are a legal person, the User must be a legal representative and must provide the Federal Taxpayers Register of the company they represent.
You must confirm that the name provided to us by Messenger Facebook® is your full name or you must edit it. You will need to enter your mobile phone (10 digits).
You must attach the image of your official identification (IFE, INE, passport), on both sides, of the natural person or legal representative of the legal person. Allowed formats are jpg, png and pdf.
You are asked for CLABE from the bank account where the sales money will be deposited.
Once the User has successfully completed their registration on the “Platform”, they can start uploading items and even make real sales without limits, which will not be subject to maximum daily trading amounts.
The User agrees that for advertising purposes and to better understand their needs, ARTIFICIAL NERDS may use the conversations, images that users upload to the “Platform”, as well as all the content they register on it (such as their logos, texts, descriptions, prices, among others) so that, through this information, ARTIFICIAL NERDS can provide a better service.10. Consideration for use of the “Platform”. The User must pay ARTIFICIAL NERDS a commission of 5 (five)% (percent) on the amount of each transaction plus Value Added Tax. The obligations that may be contracted by the parties through this “Platform” will be in Mexican pesos.
The charge will be made to the credit and/or debit card indicated by the Buyer, through the ARTIFICIAL NERDS “Platform” that uses the SPUG payment system service.
If we are unable to process the payment for any reason, such as if the Buyer has cancelled or cancelled the debit or credit card as the case may be, ARTIFICIAL NERDS will not be able to make the corresponding charge, without any responsibility for ARTIFICIAL NERDS. Fees and payments will not be refundable, so in any case the Buyer must review them directly with the User.
10. Unsubscribe from the “Platform” User.
The User may at any time unsubscribe from the “Platform”: (i) directly removing from their Messenger account the rights of ARTIFICIAL NERDS to access their conversations; or (ii) send their unsubscribe request to the following email: soporte@nerds.ai
11. Restrictions on use.
This “Platform”, as well as its content, including but not limited to: artistic and literary works, related rights, reservations of rights, texts, graphic elements, brands, photographs, commercial notices, formats, computer programs (source code/object code), trademarks and service marks, commercial notices, trade names, designs and other intellectual property works and assets, among others, are the exclusive property of ARTIFICIAL NERDS, or has the necessary authorizations for their use; therefore, they are protected by the Federal Copyright Act, the Industrial Property Act, as well as any other applicable Intellectual Property law, and the User is strictly prohibited from copying, reproducing, distributing, transmitting, transforming, communicating publicly, mutilating or modifying in any way the “Platform”, as well as its content, either in whole or in part, as well as creating and disseminating derivative works from any material on the “Platform”, in any medium known or to be known in the future, without the prior consent from ARTIFICIAL NERDS or the owner of the property rights to such materials. All rights not granted under these Terms and Conditions are reserved by ARTIFICIAL NERDS.
Notwithstanding the foregoing, the User may: i) download or print for consultation the material contained in the “Platform”, for personal use only; ii) download or print the material sent to their email by ARTIFICIAL NERDS, solely for their personal use.
The User cannot under any circumstances and, therefore, is prohibited from using spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or reproduce and distribute the “Platform” and the content available on it. The site user cannot resell access to the “Platform” or any content included in it to third parties.
In addition, the User may not: i) send to the “Platform” any content including information, advertisements, texts or photos; files damaged or infected with viruses, which may cause damage to the “Platform”, to ARTIFICIAL NERDS, and/or to any other registered User, including third-party equipment; ii) send or share information with erotic, pornographic, obscene, defamatory or libelous content, or to condone crime, the consumption of drugs, alcohol or smoking products, physical violence or moral violence, or even that threatens violation of ethical principles, morals or good manners; iii) promote or incite discrimination (including discrimination based on origin, race, sex, color and age) or any form of discrimination, hatred or illegal activities; iv) infringe the legal provisions or rights of third parties, including intellectual property rights, privacy and personality rights; v) send information that contains incorrect, false, sensitive or confidential data or any information that may cause confusion among Users; vi) use the “Platform” or the services available for purposes other than those for which they are intended; vii) use the data published on the “Platform” for any purpose other than to make use of it in accordance with these Terms and Conditions; viii) send information that is the property of third parties, including manipulating or disguising the origin of any content uploaded to the web, or even to assume the identity of another person (impersonation or phishing); ix) carrying out acts that can directly or indirectly cause harm on the “Platform”, to ARTIFICIAL NERDS and/or to any subsidiary, subsidiary, controller, partner, shareholder of ARTIFICIAL NERDS, as well as to any other User, client of ARTIFICIAL NERDS or third parties.
ARTIFICIAL NERDS is responsible for operating and maintaining the “Platform”, for presenting the information and contents of the “Platform”; however, such content may come not only from ARTIFICIAL NERDS but also from Third Parties, so ARTIFICIAL NERDS is only responsible for its own operation and content, so, with respect to third-party content, its responsibility is limited to presenting the content “as is” provided to it. In addition, the “Platform” has been created for the operation and development of ARTIFICIAL NERDS's business activities and serves as a tool to complete the services contracted by its clients, as well as to inform Users about the details of any type of commercial or promotional activity of ARTIFICIAL NERDS Services and Programs.
12. User Responsibility.
The User must at all times make good use of the “Platform”, and must take care of the content of their publications and not attack any other User. In the same way, the User undertakes not to publish any content contrary to morals and good manners, or content that is considered to be invasive or misleading advertising, and ARTIFICIAL NERDS may, at its sole discretion, delete such publication and even delete the User Profile if it affects any third party. The User acknowledges that all the material they publish and/or upload to the “Platform” is of their full authorship, ownership or, where appropriate, has sufficient authorization or license to publish such material. The User acknowledges and accepts that the services and/or products sold through the Website and/or Messenger are legal, are in commerce, and purchased them lawfully, so they cannot market or make available any service or product that goes against any Mexican Law or International Convention or Treaty signed by Mexico, such as: firearms, drugs, human organs and tissues, blood, or performing acts of pornography, trafficking in persons or any other regulated by the General Law of Federal and local Health or Criminal Code. In the same way, it states that it has all the necessary permits, authorizations and legal capacity to carry out acts of commerce. Any breach of what is indicated in this point will result in the cancellation of the User Profile, which will be at the sole discretion of ARTIFICIAL NERDS, leaving the rights of any third party affected by such consequences, and the User must respond on behalf of ARTIFICIAL NERDS and take out in peace and safe from any complaint, demand, etc. The User undertakes not to perform any act or use any software or method to access and/or eliminate the security of the “Platform” to access the source code, algorithms neither to the ARTIFICIAL NERDS servers nor to the “Platform”, responsible for the civil and/or criminal consequences that such conduct generates. The User must at all times conduct himself with the Other Users in a serious, professional and respectful manner; in the event that he does not do so and ARTIFICIAL NERDS receives a complaint from Other Users, the User may suspend and delete the User's account.
13. Limitation and release of liability for ARTIFICIAL NERDS.
The User does not reserve or exercise any action of any nature, against ARTIFICIAL NERDS, its partners, shareholders, employees, agents and collaborators, subsidiaries and/or subsidiaries, or any other member of ARTIFICIAL NERDS, as well as business partners and suppliers, that could result directly or indirectly from any risk and poisoning that may or may occur to the User or the people who consume the Products. The information provided, comparisons, and images are merely illustrative and informative, true and verifiable and are not intended to mislead or confuse the consumer or the User.
14. Personal Data and Simplified Privacy Notice.
Artificial Nerds, S.A.P.I. DE C.V., with address at Calle Corregidora 92, Colonia Miguel Hidalgo, Mexico City, municipality or delegation Tlalpan, C.P. 14260, in the entity of Mexico City, country Mexico, and internet portal http://dashboard.ARTIFICIAL Nerds.io will collect, process and use your personal data obtained for the provision of the Services and Products. For more information about the treatment and the rights you can assert, you can access the comprehensive privacy notice through the website https://app.ARTIFICIAL Nerds.me/Politica-privacy or at the offices of ARTIFICIAL NERDS.
15. Intellectual Property.
All names, logos and trademarks are the property of ARTIFICIAL NERDS, its clients or content providers and none of these elements may be used for any purpose without express written authorization from the owner of such distinctive signs. Unauthorized use of such elements will be sanctioned in accordance with applicable legislation. In addition, all material contained in the “Platform”, including but not limited to: designs, drawings, computer programs (source code and object code), databases, graphic, audiovisual, photographic material, texts, inventions, models, patents, and other Intellectual Property rights are the sole and exclusive property of ARTIFICIAL NERDS and are protected by the Federal Copyright Act, the Industrial Property Act, as well as by the Intellectual Property laws of other countries and International Treaties in the subject matter of which Mexico is a part. In addition, by accepting these Terms and Conditions, the User grants a non-exclusive, free and irrevocable license to ARTIFICIAL NERDS, with respect to any work protected by the Federal Copyright Act that the User may provide or upload to the “Platform”, guaranteeing that they meet the requirement of originality and are original, so in this act the User undertakes to remove ARTIFICIAL NERDS in peace and security from any claim deriving from the ownership and/or authorship of said works, including any attorneys' fees, expenses, compensation or expenditures that ARTIFICIAL NERDS has made for your defense. The non-exclusive license will be valid for 15 years starting from the upload of the work to the “Platform” by the User. The territorial scope of the license will be the entire world.
16. Confidential Information.
CONFIDENTIAL INFORMATION means any information disclosed by ARTIFICIAL NERDS and/or its subsidiaries, present or future subsidiaries and/or customers of the same to the User, in any form and medium, including but not limited to, in verbal, electronic, visual, written or any other tangible form, including without limitation ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, procedures, reports, technical reports, minutes, know-how, industrial secrets, patents, rights of author, software, licenses, data, inventions, algorithms, techniques, processes, plans and projects for marketing, advertising, strategies, forecasts, confidential information from third parties, lists of customers, contacts, suppliers, business plans, market analysis, market knowledge or any other technical, economic, business or any other information that is the property of ARTIFICIAL NERDS, its subsidiaries, and/or customers or potential customers, as well as any information relating to or related to operations, business development, product development, development of new projects, finance, marketing, advertising, commercial promotions, logistics, promotional exchange operations or any information whose disclosure and exposure, whatever its form, would in any way harm ARTIFICIAL NERDS and/or its subsidiaries, subsidiaries and/or its customers.
The User undertakes not to seize, use or exploit, by himself or by third parties, directly or indirectly, for his own benefit or that of third parties and not to disclose or disclose to third parties the CONFIDENTIAL INFORMATION of ARTIFICIAL NERDS or its clients, to which he has, has or will have access in the future. In addition, the User undertakes to take all reasonable measures to avoid any prohibited dissemination and/or misuse of CONFIDENTIAL INFORMATION.
The User expressly acknowledges that the CONFIDENTIAL INFORMATION that ARTIFICIAL NERDS has provided to him or that he provides in the future may also constitute an Industrial Secret, under the terms of Article 82 of the Industrial Property Law, and is therefore obliged not to disclose or disseminate said Industrial Secret, by any form or means and to be governed in respect of it, by Title Three of the Industrial Property Law. The foregoing, without prejudice to the corresponding civil and/or criminal penalties for violation of Intellectual Property Rights, including the crime of disclosure of secrets, contemplated in articles 210, 211, 211 bis and other related articles of the Federal Criminal Code. In addition, the User acknowledges that the CONFIDENTIAL INFORMATION provided (past, present and future) by ARTIFICIAL NERDS is and will remain the property of the latter, so the User does not acquire any type of right, license, property or interest in it, to copy, sell, use or dispose of it in any way, being expressly and exclusively limited to using it for the purposes indicated by ARTIFICIAL NERDS.
The User will be solely responsible for ensuring and maintaining the confidentiality and security of the personal password used for their user account of the ARTIFICIAL NERDS “Platform”. The User agrees not to disclose their personal password to third parties and will be solely responsible for any use or action derived from the use of said key on the ARTIFICIAL NERDS “Platform”. In addition, the User undertakes to immediately notify ARTIFICIAL NERDS in the event that their personal password has been lost or stolen.
17. Amendments.
Any modification to this agreement may be made only by ARTIFICIAL NERDS, without the need for express consent or notification to the User, on the understanding that it is the User's obligation to be aware of any changes or modifications to the same. Any changes can be reviewed on the website https://app.ARTIFICIALNerds.me/Terms-Conditions in the Terms and Conditions section or request them to the email: soporte@nerds.ai The use of the “Platform” by the User after such modifications will be understood as acceptance of the changes.
18. Non-compliance.
In the event of non-compliance with any of the obligations of these Terms and Conditions, as well as applicable legislation, ARTIFICIAL NERDS may suspend access to the “Platform” or delete the User's profile; without prejudice to the legal actions available in favor of ARTIFICIAL NERDS in the event that any conduct of the User causes harm or prejudice.
The User undertakes to release ARTIFICIAL NERDS in peace and security for any claim, complaint, demand, complaint or proceeding of any kind derived from its non-compliance, and must compensate ARTIFICIAL NERDS for all expenses incurred for its defense, including but not limited to attorney fees, as well as any type of compensation paid by ARTIFICIAL NERDS.
19. Jurisdiction.
The “Platform” will be available online regardless of the fact that it may not be available in the country where the User is located. This “Platform” is controlled and operated by ARTIFICIAL NERDS from the United Mexican States (Mexico) and ARTIFICIAL NERDS does not guarantee, explicitly or implicitly, that the information and material contained in the “Platform”, including without limitation information and other materials that promote the commercial activities, products or services described here, are appropriate or available in other locations. Additionally, some software on the “Platform” may be subject to export regulations imposed by the government of Mexico, so it cannot be downloaded and/or copied, or exported or re-exported, into (or to a citizen or resident of) a country that is under embargo by the Mexican government or in which the import or download of such software is restricted (hereinafter “Restricted Country”).
If the User downloads or uses the software, he establishes and guarantees that he is not a citizen, that he does not reside in or is in territory controlled by, any Restricted Country. Mexican laws will govern these Terms and Conditions, so you expressly agree to waive any jurisdiction that may apply to you by reason of your current or future domicile, expressly submitting to the jurisdiction and competence of the courts of Mexico City, with respect to all matters related to these Terms and Conditions.
20. Disclaimer of guarantees.
ARTIFICIAL NERDS makes no representation or warranty about the accuracy, reliability or completeness of the content of the “Platform”, within the limitations established by law, ARTIFICIAL NERDS disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Furthermore, ARTIFICIAL NERDS does not guarantee that the “Platform” or the server that makes it available are free of “computer viruses”, so Users use the site at their own risk and responsibility.
21. No existence of an employment relationship.
For all legal purposes, both ARTIFICIAL NERDS and the User are independent parties. Therefore, the User expressly accepts that there is no employment relationship of any kind between ARTIFICIAL NERDS and him.
These Terms and Conditions will not create a relationship between principal and representative, principal and commission agent, substitute employer/employer and employee, partner and associate between the User and ARTIFICIAL NERDS. Neither party shall be empowered to represent and bind the other in any way, and each of the parties shall be solely responsible for their own actions.
22. Contact Information.
For any questions or clarifications, please contact ARTIFICIAL NERDS at the following email address: soporte@nerds.ai, where we can help you.
23. Others.
ARTIFICIAL NERDS, at its discretion, reserves the right to: (i) change this Agreement, (ii) monitor and delete information provided by visitors to the “Platform” and (iii) limit or eliminate the availability of the “Platform”, at any time, without prior notice at the sole discretion of ARTIFICIAL NERDS. If any term, condition or provision of these Terms and Conditions is found to be illegal, invalid, void or for any reason unenforceable, the validity and enforceability of the other provisions will not be affected or impaired in any way. This instrument constitutes a complete agreement between the User and ARTIFICIAL NERDS.
By using the “Platform”, the User grants their consent to all the Terms and Conditions of the Platform.
I ACCEPT THE TERMS AND CONDITIONS OF THIS SITE.
