Terms of Service

Thank you for trusting RDEL Consulting and Advisory, and the rest of its developed products and services, as well as associated software (collectively referred to as Applications or "APPs"). By accessing the APPs, you are agreeing to the following terms and conditions. If there is any conflict between these terms and additional terms applicable to any APP, the additional terms will control the conflict. Collectively, we refer to the following terms, any additional terms, terms accompanying the documentation of the APPs, and any other policies and usage guidelines as the "Terms." You agree to comply with the Terms and that the Terms govern your relationship with us. So please read all the Terms carefully. If you use the APP as an interface to, or in conjunction with, any of our other products or services, then the terms for those products or services also apply.

Everything presented here applies to all our apps, products, and/or services, whether owned or in agreement or collaboration with any of our affiliated or subsidiary organizations.

By using this site, our products and/or services, you confirm that you have read, understood, and accepted these Terms of Service, as well as our Privacy Policy. If you do not agree with these terms, please refrain from using our services.

Summary

Site Use

You agree to use the site only for legal purposes and in accordance with these Terms of Service.
It is not allowed to use the site for fraudulent, illegal activities, or activities that infringe on the rights of third parties.
We reserve the right to suspend or cancel your access to the site if we detect inappropriate use.

Intellectual Property

All content on the site, including texts, graphics, logos, images, software, and other material, is the property of RDEL Consulting & Advisory or its licensors and is protected by intellectual property laws. Reproduction, distribution, or modification of the content without express written permission is prohibited.

Privacy and Data Protection

The use of your personal information is regulated by our Privacy Policy, which is an integral part of these Terms of Service. By using the site, you agree to the processing of your data in accordance with that policy.

Limitation of Liability

RDEL Advisory and Consulting is not responsible for direct, indirect, incidental, or consequential damages arising from the use or inability to use the site.
We do not guarantee that the site is error-free or that it will operate without interruption.
You use the site at your own risk.

Links to Third Parties

The site may contain links to third-party websites. These links are provided solely for your convenience, and we do not imply any endorsement of the content of such sites. We are not responsible for the privacy practices or the content of third-party sites.

Modifications to the Terms

We reserve the right to modify these Terms of Service at any time. Updates will be posted on the site with the date of the last revision. Your continued use of the site after such modifications constitutes your acceptance of the new terms.

Governing Law and Jurisdiction

These Terms of Service are governed by the laws of Guadalajara, Jalisco, Mexico. Any dispute related to the use of the site will be subject to the exclusive jurisdiction of the courts of Guadalajara, Jalisco, Mexico.

Contact

If you have any questions or concerns about these Terms of Service, you can contact us at:

Email: legal@rdel-cya.com
Telephone: +52 33 1842 3435

Section 1. User Registration and Accounts

1.1. Acceptance of the Terms

You must not use the APPs, products, services or agree to their Terms if:

a) Legally, you are not of legal age and therefore there is no obligation whatsoever, nor can we enter into a contract between both parties, or

b) You are a person barred from using or receiving the APPs under the applicable laws of the United Mexican States or other countries including the country in which you reside or from which you use the APPs, products and/or services.

1.2. Acceptance at the organizational level or of any other entity

If you are using the Apps on behalf of any organization (for-profit or not) or entity, you represent, warrant, and guarantee that you have sufficient authority to bind your organization or entity to the Terms, and by accepting the Terms, you are doing so on behalf of your organization or entity (and all references to "you" in the Terms refer to your organization or entity).

1.3. User Registration and Account Creation

In order to access the APPs, products and/or services, you may be required to provide certain information (such as your ID, name or contact details) as part of the registration process for the APIs, products and/or services, or as part of your ongoing use of the APPs, products and/or services. Any registration data you provide must always be accurate and current and you must promptly report any updates or changes to your data.

1.4. Subsidiaries and Affiliates

We have organizations and subsidiary entities and affiliates around the world. These organizations may provide you with the apps on our behalf, and the Terms will also govern your relationship with these organizations.

Section 2. Use of Apps, products, and/or services

2.1. Your End Users

End Users (as well as Users that you create for use and that, even without your knowledge, allow them to violate any of the Terms) of our apps, products, and/or services must comply with applicable law, regulations, and the Terms.

2.2. Compliance with Third-Party Laws and Terms of Service

You must comply with all applicable laws, regulations, and third-party rights (including, without limitation, laws related to the import or export of data or software, privacy, and local laws). You will not use our apps, products, and/or services to encourage or promote illegal activity(ies) or the violation of third-party rights. You must not violate any other terms of service with us (our subsidiaries or affiliates).

2.3. Allowed Access

You will only access (or attempt to access) any of our apps, products, and/or services through the means described in the documentation for each of them. If we assign you any identifier (for example, a customer number), you must use it with the applicable app(s), products, and/or services. You will not misuse or mask your identity or any other identifier when using our apps, products, and/or services.

2.4. Limitations

We attempt to establish and enforce limits on the use of our APPs (for example, limiting the number of user accounts you may create), products and/or services, at our discretion and in our sole discretion. You agree, and will not attempt to circumvent or violate any such limitations documented in each of our APPs, products and/or services. If you wish to use any of our APPs, products and/or services beyond these limits, you must obtain our express consent (and we may refuse such request or condition acceptance in agreeing to additional Terms and/or charges for such use). For such approval, please contact us at the following email address it@rdel-cya.com.

2.5. Open Source Software

Some of the programs or applications (software in any case) required by or included in our APPs, products and/or services may be offered under Free Software licenses. Free Software Licenses constitute separate written agreements. For certain APPs, products and/or services, free software is listed in the documentation or displayed in their public interface(s). To the extent Free Software Licenses expressly supersede the Terms, Free Software Licenses set forth your agreement with us for all applicable free software.

2.6. Communication with Us

We may contact you in connection with/about your use of our APPs, products and/or services. Please review the documentation for each APP for details about establishing certain types of communications.

2.7. Feedback

If you provide feedback or suggestions about our APPs, products and/or services, then we (and those we permit) may use such data without obligation with you.

2.8. Non-Exclusivity

The Terms are non-exclusive. You acknowledge that we may develop products or services that may compete with other APPs or any other products or services.

Section 3. Your Users

3.1. Users and Monitoring

End Users (as well as Users that you yourself create for use and yet unknowingly permit them to breach any of the Terms) of our APPs must comply with applicable law, regulation and the Terms.

3.2. Security

You shall comply with all applicable laws, regulations and third party rights (including without limitation laws relating to the import or export of data or software, privacy and local laws). You shall not use our APPs, products, and/or services to encourage or promote illegal activity(ies) or infringement of third party rights. You shall not violate any other terms of service with us (our subsidiaries or affiliates).

3.3. Ownership

You will only access (or attempt to access) any of our APPs, products, and/or services by the means described in the documentation for each APP, product and/or service. If we assign you any identifier (e.g. customer number) you must use it with the applicable APP(s), products, and/or services. You will not misuse or mask your identity or any other identifier when using our APPs, products, and/or services.

3.4. User Privacy

You shall comply with all applicable privacy laws. You shall also provide and abide by a privacy policy for your user(s) that clearly and accurately describes what data you are storing and how you use and share such data (including data and advertising mechanisms) with us and our subsidiaries and affiliates.

3.5. Prohibitions

When using our APPs, products and/or services, you may not (or permit those acting on your behalf):

License to third parties. Consequently, you may not create software mechanisms for data extraction or behavior and whose operation is substantially the same as that of our APPs, products and/or services, and offer it for use to third parties.
Perform any action with the intention of introducing to our products and services any virus, worm, defect, Trojan horse, malware, or any other element of a destructive nature.
Defame, abuse, harass, stalk, annoy, threaten or intimidate others. Interfere with or disrupt the APPs, products and/or services, servers or networks that provide our APPs, products and/or services.
Promote or facilitate illegal online gambling or disruptive commercial advertisements or messages.
Reverse engineer or attempt to extract the source code of any of our APPs, products and/or services, or any related software, except to the extent this restriction is expressly prohibited by applicable law.
Use the APPs, products and/or services for any activity where the use or possible failure of our APPs, products and/or services could lead to death, personal injury or damage, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Use the APPs, products and/or services to process or store any data that is subject to the U.S. Department of State's International Traffic in Arms Regulations.
Remove, obscure, or alter any of our Terms of Service or any link to or from the Terms.

Unless specified in writing, we have no intent to use our APPs, products and/or services to create obligations under any health or health insurance law, and in no way do our APPs, products and/or services satisfy the requirements of any of them. If you are (or intend to be) an entity or "business associate" of any health law, you must not use our APPs, products and/or services for any purpose or in any manner that involves the transmission (protected or otherwise) of health data unless you have received prior consent to such use from us.

3.6. Confidentiality

User identifiers or credentials (such as email addresses, customer ID) are for your exclusive use and to identify yourself in our APPs, products and/or services. You must keep this data confidential and make reasonable efforts to prevent and stop other APPs, products and/or services from using your credentials and/or identifiers. In addition, user identifiers or credentials should not be embedded in free software projects.
Our communications with you and between our APPs, products and/or services may contain sensitive data. This confidential data includes any material, communications and information that is marked as such or that should normally be considered confidential under the circumstances. If you receive any such data you must not disclose and/or provide it to a third party without our prior written consent. Our confidential data does not include data that you have independently developed, that was legitimately given to you by a third party without an obligation of confidentiality, or that is or becomes public without your responsibility. You may disclose confidential data when requested to do so by a competent authority if you notify us in advance, unless a court or authority orders us not to receive notice.

Section 4. Content

4.1. Content Accessible Through our APPs, products and/or services

Our APPs, products and/or services may contain third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person making it available. On occasion we may review content to determine if it is illegal material or violates our policies or Terms, and we may remove or refuse to display the content. Finally, content accessible through our APPs, products and/or services may be subject to intellectual property rights, and, if so, you may not use it unless you have permissions (or license) to do so from the owner of the content or as otherwise permitted by law. Your access to content provided by the APP, product and/or service may be restricted, limited, or filtered in accordance with applicable regulations, policies and laws.

4.2. Retrieval of Content

When a user's private (or non-public) content is obtained through our APPs, products and/or services, you shall not display or expose such content to other users or third parties without the user's explicit consent.

4.3. Data Portability

We support data portability. For as long as you use or store any user data (yours or your end user(s)) that you have obtained through our APPs, products and/or services, you accept and agree to allow your user(s) to export your data to other services or applications of their choice, subject to applicable laws, and you agree that you will not make the data available to third parties who do not also comply with this obligation.

4.4. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you shall not, and shall not permit your end user(s) or other(s) acting on your behalf, to do any of the following with content from (obtained, shared, displayed and otherwise) our APPs, products and/or services:

Damage, inspect or build databases, or other means of permanent copies of such content, or maintain cached copies longer than permitted by our APPs (via the cache header), products and/or services;
Copy, transfer, modify, create a derivative work from, sell, rent, lend, transmit, distribute, publicly display, or grant derivative licenses (sublicense) to any third party;
Falsifying the source, ownership or proprietorship; or
Remove, fade, or alter any copyright, trademark(s), or other intellectual property notices or legends; or falsify or delete any author attributions, legal notices, or other labels about the origin or source of the material.

Section 5. Our Brand

5.1. Brand Features

When we refer to "Our Brand" we refer to trademarks, registered trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant any party any right, title, or interest in or to any other part of Our Brand. Any use you make of Our Trademark (including any goodwill associated with it) must be for the benefit of Us and Our Trademark.

5.2. Attributions

You agree to display any attribution(s) required by Us as described in the documentation for each of Our APPs, products and/or services. Thus, we grant you a non-transferable, non-assignable, non-exclusive license while the Terms are in effect to display Our Brand and Scope for the purpose of promoting or notifying you of your use of our APPs, products and/or services. You may only use Our Brand in accordance with the Terms and for the purpose of fulfilling your obligations expressed in this Section. In using Our Brand, you must abide by the Terms. You understand and agree that in Our sole discretion We may determine whether your attribution(s) and use of Our Trademark and Scope are in accordance with the requirements and Terms.

5.3. Publicity

You shall not make any statement or comment notwithstanding the use of our APPs, products and/or services that suggests association with, sponsorship, or endorsement of Us, Our Brand and/or its subsidiaries and affiliates, without Our prior written consent.

5.4. Promotional and Marketing Use

During promotional, marketing or demonstration events for the APPs, products and/or services you are using as well as Our products and/or services, We may produce, distribute and/or display incidental representations, including screenshots, videos, photos or other content of you and/or your use of Our APPs, products and/or services, and We may use your organization (for-profit or non-profit), entity or product and/or service name(s). You grant us all necessary permissions for these aforementioned purposes.

Section 6. Privacy and Copyright Protection

6.1. Privacy Policies

Read Our Privacy Policy en https://rdel-cya.com/privacy

Section 7. Termination

7.1. Termination

You may stop using our APPs, products and/or services at any time with or without notice to us. If you wish to terminate the Terms, you must let us know in writing and upon termination of our obligations and rights, cease use of our APPs, products and/or services in question. We reserve the right to terminate the Terms with you or discontinue the APPs, products and/or services, or any portion or feature of it(s) or your access to it(them), for any reason and at any time without liability or obligation to you.

7.2. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to any of our APPs, products and/or services, you must immediately cease using the APP, product and/or service, cease all use of Our Brand and Scope, and delete any cached or stored content as set forth in Section 4. Separately, We may contact any account owner whose data is associated with you and/or your identifier(s) to notify you of the termination of your right to use our APP(s), products and/or services.

7.3. Surviving Provisions

When the Terms come to an end, those Terms which by their nature are intended to continue indefinitely shall continue to apply, including but not limited to: Section 3.6, 4, 7, 8, and 9.

Section 8. Liability for our APPs, products and/or services

8.1. Warranties

EXCEPT AS EXPRESSLY STATED IN THE TERMS, NEITHER WE NOR ANY OF OUR SUPPLIERS, DISTRIBUTORS, SUBSIDIARIES AND/OR AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT OUR APPS. FOR EXAMPLE, WE MAKE NO PROMISE ABOUT THE CONTENT ACCESSED THROUGH OUR APPs, PRODUCTS AND/OR SERVICES THEIR SPECIFIC FUNCTIONS, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO FIT AND/OR MEET YOUR NEEDS AND/OR REQUIREMENTS. ULTIMATELY, WE PROVIDE OUR APPs, PRODUCTS AND/OR SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY STATED IN THE TERMS, TO THE EXTENT PERMITTED BY LAW(S), WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS OR ASSUMPTIONS.

8.2. Limitation Of Liability

WHEN AND TO THE EXTENT PERMITTED BY LAW(S), WE, OUR SUPPLIERS, DISTRIBUTORS, SUBSIDIARIES AND/OR AFFILIATES SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUE, OR DATA; FINANCIAL LOSS; OR PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

TO THE EXTENT PERMITTED BY LAW(S), OUR ENTIRE LIABILITY, THAT OF OUR SUPPLIERS, DISTRIBUTORS, SUBSIDIARIES AND/OR AFFILIATES, FOR ANY CLAIMS BY OR UNDER OUR TERMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU HAVE PAID US FOR THE USE OF OUR APPLICABLE APP(S), PRODUCTS AND/OR SERVICES (OR, IF WE SO CHOOSE, TO PROVIDE OUR APP(S), PRODUCTS AND/OR SERVICES TO YOU AGAIN) DURING THE THREE MONTHS PRIOR TO THE EVENT CLAIMED.

IN ALL CASES, WE, OUR SUPPLIERS, DISTRIBUTORS, SUBSIDIARIES AND/OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

8.3. Indemnification

Unless prohibited by applicable law(s), if you are a for-profit organization or entity, you shall defend and indemnify us, as well as our suppliers, distributors, subsidiaries, affiliates, directors, employees and users, against all liabilities, damages, losses, costs, fees (including legal fees) and related expenses for any claim or allegation by any legally involved third party in accordance with the following:

Misuse by you or your end user(s) of the APPs, products and/or services;
A breach of the Terms by you or any of your end user(s); or
Content or data directed to/from/to you by our APPs, products and/or services, made by you or any of your end user(s) or anyone acting on your behalf.

Section 9. General Provisions

9.1. Modification to Our Terms of Service

We may modify the Terms, or any part of them, to, for example, reflect changes in the law(s) or changes to our APPs, products and/or services. We encourage you to check back regularly to review our Terms. We will, to the best of our ability, post notices of modifications to the Terms in the documentation for each of our APPs, products and/or services as applicable and required, on this website, and/or in any other medium we have available and deem relevant (email, for example). Changes or modifications will not apply retroactively and will take effect no earlier than the 30th day after they are posted. However, changes related to new features for an APP, product and/or service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for a particular APP, product and/or service, you should discontinue use of the APP, product and/or service. Your continued use of our APPs, products and/or services constitutes your acceptance of the modified terms.

9.2. Mexico Federal Agency Entities

Our APPs, products and/or services have been developed solely at private expense and are commercial and together with their related documentation are protected by the framework(s) of the relevant Mexican Federal and related law(s).

9.3. General Legal Terms

Each party accepts the contract in the English language. If we provide any translation of the Terms, we will do so solely for your convenience and the English Terms will continue to apply to our relationship. The Terms do not create any rights in any third party beneficiary or any agency, partnership, or joint venture. Nothing in the Terms shall limit the ability of any third party to seek injunctive relief. We are not liable for failures or delays in performance in effects or actions caused beyond our reasonable control. If you fail to comply with the Terms, and We do not exercise any rights We may have (such as the right to take any action in the future). If any particular term is found to be unenforceable or unenforceable, this effect will not affect any other term. The Terms are the entire agreement between You and Us relating to the subject matter and supersede any prior or contemporaneous agreements. For details on how to contact Us, please visit Contacto.

Except as noted below:

The laws of the United States of Mexico, in the first instance, and ultimately the laws of the state or location from which you use our APPs, products and/or services, shall apply to any disputes arising out of or relating to the Terms or our APPs and
ALL MATTERS OR CLAIMS ARISING OUT OF OR RELATED TO THE TERMS OR OUR APPs, PRODUCTS AND/OR SERVICES WILL BE LITIGATED EXCLUSIVELY IN FEDERAL OR STATE COURTS AS APPLICABLE, AND YOU AND WE HEREBY GIVE OUR CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS.

If you are accepting the Terms on behalf of an entity or organization of the Federal Government of the United States of Mexico, then the following applies in lieu of the preceding paragraph: the laws of the United States of Mexico will apply to any dispute arising out of or relating to the Terms or our APPs, products and/or services. Only to the extent permitted by the law of the United States of Mexico:

The laws of the United States of Mexico shall apply in the absence of any local law; and
FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE TERMS OR OUR APPs, PRODUCTS AND/OR SERVICES THE PARTIES INVOLVED GRANT CONSENT TO THE CORRESPONDING LOCAL JURISDICTION, AT THE EXCLUSIVE LOCATION FROM WHICH YOU USE OUR APP(S), PRODUCT(S) AND/OR SERVICE(S).

If you are accepting the Terms on behalf of a city, state or governmental entity, then the following shall apply in lieu of the preceding paragraph: the parties agree to remain silent as to the law and place of government.

Changes and Updates to Our Legal Framework

Any of the elements included in Our Legal Framework (Terms of Service, Privacy Policy, etc.) may change or be updated periodically; therefore, we ask you to review them constantly so that you can be aware of the latest versions in force. Notwithstanding the foregoing, We endeavor to ensure that Our Legal Framework always complies with the applicable legal provisions.