Terms and Conditions

Terms and conditions entered into, on the one part and in their own right, by the user, hereinafter referred to as the “USER”, and on the other part, in his own right, by Mr. Cesar Guadarrama Cantu, who represents the CRETIA brand and who is hereinafter referred to as “CRETIA”, and jointly referred to as the “PARTIES”, subject to the following recitals and clauses.

By downloading or using CRETIA’s applications, software, features and services, and by accessing and using this Internet portal, whose domain name is https://www.cretia.app, owned by Cesar Guadarrama Cantu, RFC: GUCC9607302S7, hereinafter referred to as “CRETIA”, the user accepts the TERMS AND CONDITIONS OF USE contained in this agreement and expressly declares their acceptance by electronic means, pursuant to the provisions of article 1803 of the Federal Civil Code, and has full capacity to assume the obligations set forth herein.

If the user does not fully and unconditionally accept the terms and conditions of this agreement, the user must refrain from accessing, using and viewing the website https://www.cretia.app and its mobile application. Should the user access, use or view the website https://www.cretia.app or its mobile application, this shall be deemed absolute and express acceptance of the TERMS AND CONDITIONS OF USE set forth herein.

The mere use of said website grants the general public the status of user (hereinafter referred to as the “User” or the “Users”) and implies 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 these TERMS AND CONDITIONS OF USE shall be made whenever the owner thereof, in this case CRETIA, deems it appropriate, and it is the sole responsibility of the user to ensure that they are aware of such modifications.

Recitals

Both PARTIES declare that they mutually and reciprocally recognize the capacity in which they act, as well as the legal capacity, for all legal and contractual purposes that may apply, precisely under the terms of this AGREEMENT. They also declare that they enter into this AGREEMENT voluntarily, freely and responsibly, without any fraud, injury, error and/or defect of consent that would invalidate it, and therefore, as of this moment they waive any action, means or legal remedy that may subsequently seek to nullify this instrument. And they agree to refer to the platform of the SERVICES provided by CRETIA as “THE PLATFORM”, which is hosted on an Amazon AWS server.

Purpose

This “Agreement” constitutes the terms and conditions applicable to you with respect to the use of and access to the Services at https://www.cretia.app, CRETIA’s applications, software, features and services, entered into by both parties pursuant to what is set forth in this document. At the same time, CRETIA undertakes to provide the USER with 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 intended to manage companies and handle the USER’s internal information regarding employees, their clients, their services, GPS locations, instruments that may be confidential and auditable, payroll, social security number, contracts, among others, through the provision of this cloud-hosted Software service, by means of which information is generated, modified and sent (hereinafter, the “PROJECT”), which include, without limitation, those mentioned above (hereinafter, the “SERVICES”).

CRETIA undertakes to provide the User with the SERVICES that are the subject of this AGREEMENT in accordance with the dates that the user indicates and pays for. It is established that the availability of the PLATFORM is guaranteed 98% of the time.

License

By virtue of entering into this agreement, “CRETIA” grants the User the non-exclusive, revocable and non-transferable right to view and use the website https://www.cretia.app or its mobile application in accordance with the TERMS AND CONDITIONS OF USE set forth herein. For the purposes of this agreement, the parties agree that “User” shall mean any person of any nature who accesses the website https://www.cretia.app and/or any of the subpages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said website.

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. Commercial use of said information is strictly prohibited. In the case of a legal entity, it shall be subject to the provisions of article 148, section IV of the Federal Copyright Law.

The reprinting, publication, distribution, assignment, sublicensing, 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 they have 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 shall be subject to the following rules:

The user acknowledges and accepts that the information published or contained on the site will be clearly identified in such a way that it is recognized as originating from and having been generated by CRETIA or its suppliers.

Notwithstanding the foregoing, the information, concepts and opinions published on said site do not necessarily reflect the position of CRETIA or of its employees, officers, directors, shareholders, licensees and concessionaires. For this reason, CRETIA is not responsible for any of the information, opinions and concepts issued on the website or the referenced app. Likewise, CRETIA is not responsible for the information contained on the website, including the subpages, on the understanding that its use and reliance is at the risk and responsibility of the user.

CRETIA reserves the right to block access to 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, deceptive or misleading; iii) in violation of copyrights, trademarks, confidentiality, trade secrets or any intellectual property right of a third party; iv) offensive; or v) that in any way contravenes the provisions of this agreement.

CRETIA reserves the right to delete or modify the content of this site that, in CRETIA’s sole judgment, does not comply with its standards or that could be contrary to the applicable legal system in force, and consequently, it shall not be liable for any failure or delay that may arise in removing such material.

Forms

Users acknowledge that, by providing the personal information required in any of the services provided on this website or the mobile application, they grant CRETIA the authorization set forth in article 109 of the Federal Copyright Law. In all cases, users shall be responsible for the accuracy of the information provided to CRETIA.

Likewise, for the provision of services, the user also undertakes to accept the terms and conditions stipulated for that purpose.

Term

This AGREEMENT shall have an indefinite term.

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 owed to the latter for the SERVICES performed up to the termination date of this instrument.

Likewise, the PARTIES agree that the royalty payment and confidentiality obligations set forth in this instrument, respectively, as well as any other applicable obligations, shall survive the early termination of this instrument by either of the PARTIES.

Obligations of the Parties

CRETIA’S OBLIGATIONS. CRETIA undertakes to the USER as follows:

• To provide the SERVICES with due care and the greatest possible efficiency, applying the highest degree of effort and professionalism appropriate to the nature thereof.
• Not to disclose the Confidential Information communicated to it by the USER for the purpose of the timely and efficient provision of its SERVICES.
• To comply with all other obligations acquired by virtue of this instrument.

USER’S OBLIGATIONS. The User undertakes to CRETIA as follows:

• To pay the CONSIDERATION established on the WEBSITE according to the selected Service.
• To comply with all other obligations acquired by virtue of this instrument.

Confidentiality

The PARTIES may not, at any time and under any circumstances, directly or indirectly, disclose, reveal or otherwise make known to any third party, nor may they exploit, by themselves or through an intermediary, directly or indirectly, without the prior written authorization of the other Party, any part or all of the Confidential Information, given that doing so would represent an improper use of said information and would cause the affected Party irreparable damages and losses. The Representatives must use the Confidential Information solely and exclusively for the purpose of providing the SERVICES to the USER.

The assistance and relationship between the User and CRETIA shall be kept in complete confidentiality, and all information that CRETIA handles regarding the User shall be kept in complete confidentiality.

It is made clear that everything the User feeds into the PLATFORM is the responsibility of the USER, and CRETIA is not responsible for any information leaks, nor for the quality of the information fed into the PLATFORM. All the information with which this PLATFORM is fed is the responsibility of the USER, whether on the Web or through a mobile device or iPad, or any device through which the PLATFORM may be used.

CRETIA has the right to analyze the information fed into THE PLATFORM, since the USER agrees to this, in order to use the images and information uploaded to said PLATFORM to improve processes and, in this way, 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 holders and are protected by international treaties and the applicable laws on intellectual property and copyright.

The copyrights over the content, organization, gathering, compilation, 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.

The user is expressly prohibited from modifying, altering or deleting, whether in whole or in part, the notices, trademarks, trade names, marks, advertisements, logos or in general any indication referring to the ownership of the information contained on said site.

In the event that the user transmits to CRETIA any information, programs, applications, software or in general any material that requires being 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, and publicly display and perform them.

The provisions of the preceding paragraph shall likewise apply to any other information that the user sends or transmits to CRETIA, including, without any limitation, ideas to renew or improve the website https://www.cretia.app or its mobile application, whether these have been included in any space of said website or by virtue of other known means or methods of transmission or those developed in the future.

In view of the foregoing, the user hereby expressly waives the right to bring any action, claim or complaint against CRETIA, its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material that the user themselves sends to the website https://www.cretia.app or mobile application.

It is our policy to act against any violations of intellectual property that may be generated or originated as set forth in the legislation and other applicable intellectual property laws, including the removal of or blocking of access to material that is subject to activities that infringe the intellectual property rights of third parties. In the event that any user or third party considers that any of the content found or introduced on said site https://www.cretia.app and/or any of its services violates their intellectual property rights, they must send a notice to the following address hello@cretia.app.

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 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, the user hereby acknowledges and accepts that this material is protected by the applicable laws on intellectual and industrial property.

Prices

Unless otherwise indicated separately, all prices shown through the site https://cretia.app/ include taxes.

The user undertakes to pay CRETIA for the performance of the SERVICES the amount corresponding to the number of modules contracted by the USER in the corresponding month, respecting the deadlines given for such payments. Said prices are published on the website.

The consideration amounts must be paid by the USER to CRETIA through Stripe to cesargdm@icloud.com. In the event that payments are not made within the timeframes stipulated by both parties, there will be a grace period of 30 (thirty) days counted from the day following the payment deadline, and all of the User’s services will be suspended, with the information being deleted indefinitely after the last payment.

Upon contracting the project, 14 (fourteen) free days would be granted, and billing would begin once those 14 (fourteen) days have ended. The price of the services will always be published on the website.

If the user decides to make the payment annually, and decides to terminate the contract earlier, the USER will be refunded the proportional part of the months that were not worked, without any penalty, upon giving prior notice to CRETIA.

During the 30 (thirty)-day grace period, if the Users were not satisfied with the service and do not wish to contract it, the service will be canceled and all stored information will be deleted, with CRETIA being released from any liability.

Product and service descriptions

CRETIA is a platform specialized in optimizing the management of services, personnel, routes, inventories and fleet monitoring for businesses whose service management is carried out on-site, with the aim of offering the best service to their clients. Users may access and use the platform through the purchase of a subscription.

The CRETIA platform is available for the administrator on web and Mac OS. Likewise, users may access a mobile application, available for iOS and Android devices, which is used in the performance of the services.

Returns and cancellations

Charges made to debit or credit cards, as well as payments made via SPEI for the products and/or services marketed through the platform of https://www.cretia.app or its mobile application and acquired by users, shall not be subject to refund.

With the exception of what is indicated in the preceding paragraph, users who subscribe will have a period of up to 30 (thirty) days during which they may use the platform in said mode free of charge, and may cancel their subscription at any time within said period.

Likewise, within the platform, CRETIA may offer special discounts to users when they contract subscriptions annually for their work team. In this case, if the user wishes to cancel their subscription, they may request a refund of the annual amount that has not been used up to the moment of cancellation.

Disclaimer of warranties

The user agrees that the use of the website https://www.cretia.app or its mobile application is at their own risk and that the services and products provided and offered there are provided on an availability basis. CRETIA disclaims any liability and conditions, whether express or implied, in relation to the services and information contained or available on or through this website; including, without any limitation:

• The availability for use of the website https://www.cretia.app and/or its mobile application.
• The absence of viruses, errors, disablers or any other contaminating material or material with destructive functions in the information or programs available on or through this site, or in general any failure of said site.

Notwithstanding the foregoing, CRETIA or its suppliers may constantly update the content of the site, so the user is asked to bear in mind that some information advertised or contained on or through this website may have become outdated and/or contain inaccuracies or typographical or spelling errors.

International access

This site may be accessed from countries other than the United Mexican States. This site may contain products or references to products that are not available outside the United Mexican States. Any such references do not imply that these products will be available outside the United Mexican States. If the user accesses and uses this site outside the United Mexican States, they are responsible for complying with local laws and regulations.

Minors

To use the Portal and the Services, minors must first obtain permission from their parents, guardians or legal representatives, who shall be considered responsible for all acts carried out by the minors in their care. Full responsibility for determining the content and Services accessed by minors lies with the adults in whose care they are. The act of browsing and/or using the Portal by minors implies that they have the aforementioned authorization, releasing CRETIA from any liability.

Modifications to the website

CRETIA may, at any time and whenever it deems it convenient, without the need to notify the user, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of said site, without this giving rise to any claim or indemnification, or implying any acknowledgment of liability in favor of the user.

Modifications to the agreement

CRETIA reserves the right to modify the TERMS AND CONDITIONS OF USE of this agreement at any time, with such modifications being effective immediately upon publication on the website https://www.cretia.app of the modified agreement, and the User must accept it again; should they continue using the website, their agreement shall be deemed understood.

Additional terms

Occasionally, CRETIA may add to the TERMS AND CONDITIONS OF USE of this agreement additional provisions relating to specific areas or new services provided on or through the website https://www.cretia.app, which will be published in the specific areas or new services of said site for reading and acceptance. The user acknowledges and accepts that these additional Terms form an integral part of this agreement for all legal purposes that may apply.

Exclusion of liability

CRETIA has no obligation to control, and does not control, the use that Users make of the Portal, the Services and the Content.

In particular, CRETIA does not guarantee that Users use the Portal, the Services and the Content in accordance with these General Conditions and, where applicable, the applicable Specific Conditions, nor that they do so diligently and prudently. CRETIA also has no obligation to verify, and does not verify, the identity of the Users, nor the accuracy, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users.

CRETIA assumes no liability whatsoever for damages and losses of any nature that may arise from the use of the services and content by users or that may arise from the lack of accuracy, validity, completeness and/or authenticity of the information that users provide to other users about themselves and, in particular, although not exclusively, for damages and losses of any nature that may arise from the impersonation of a third party carried out by a user in any kind of communication made through the portal.

User comments

If, at our request, the user sends specific comments (for example, about satisfaction with the service), the user accepts that we may, at any time, without restrictions, edit, copy, publish, distribute, translate and otherwise use any comment that they send us, in any medium. We are not and will not be obligated (1) to keep any comments confidential; (2) to pay any compensation for any comment; or (3) to respond to any comment.

Severability

Should any of the provisions contained in this AGREEMENT prove to be invalid, unlawful or unenforceable, said provision shall be deemed not included, without this causing the rest of the AGREEMENT to be considered invalid, unlawful or unenforceable, and the PARTIES must likewise replace said invalid, unlawful or unenforceable provision with a provision that is valid, lawful and enforceable and that preserves the spirit of what the PARTIES intended to agree.

Assignment of rights

CRETIA may, at any time and whenever it deems it convenient, assign in whole or in part its rights and obligations arising from this agreement. By virtue of said assignment, CRETIA shall be released from any obligation in favor of the user established in this agreement.

Indemnification

The user agrees to indemnify CRETIA, its affiliates, suppliers, vendors and advisors for any action, claim or complaint (including attorneys’ fees and court costs) arising from any breach by the user of this agreement; including, without limitation, any of those arising from:

• Any aspect relating to the use of the website https://www.cretia.app or its mobile application.
• The information contained or available on or through said site, or from insults, defamation or any other conduct by the user in violation of this agreement in the use of said website.
• The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on, or through, said website.

Termination

CRETIA reserves the right, at its sole discretion, and without the need for notice or notification to the user, to:

• Definitively terminate this agreement.
• Definitively discontinue or cease publishing the website https://www.cretia.app or its mobile application without any liability for CRETIA, its affiliates or suppliers.

Survival

These TERMS AND CONDITIONS OF USE, as well as the additional terms, constitute the entire agreement between the parties, and supersede any other agreement or understanding entered into previously. Any clause or provision of this agreement, as well as of the additional terms, legally declared invalid, will be deleted or modified at CRETIA’s election, in order to correct its defect or flaw. However, the remaining clauses or provisions will maintain their force, binding nature and validity.

No waiver of rights

The failure of CRETIA, its affiliates or suppliers to exercise any right or action arising from this agreement shall in no event be construed as a waiver of such rights or actions.

Applicable law and jurisdiction

For the interpretation and fulfillment of this AGREEMENT, as well as any dispute that may arise from it, the PARTIES submit to the jurisdiction and competence of the courts of the city of Toluca, State of Mexico, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.

The PARTIES, being fully aware of the content and scope of this AGREEMENT, understand that pressing ACCEPT indicates acceptance of the aforementioned Terms and Conditions and our Privacy Notice.

Contact

If you have any questions about this Agreement, please contact us through the following means: hello@cretia.app