1. INTRODUCTION.

 

These terms and conditions (the “Terms and Conditions”) govern the essential conditions for accessing and using the website https://leadsales.io/ and the Platform (as defined below), as well as each of the services offered by Grupo Conexión Software, S.A.P.I. de C.V. (“Leadsales®”) through it. Therefore, we recommend that any person accessing, interacting with, and/or using the Platform (the “User”) carefully read these Terms and Conditions when using it through computers, mobile devices, and/or any other communication equipment or device.

Any User who wishes to access and/or use the Platform indicates their full understanding, acceptance, and express and irrevocable agreement to be bound by these Terms and Conditions, as well as any applicable modifications or additions in effect at the time of using the services offered by the Platform. This is without prejudice to the application of the applicable legislation, using electronic means in accordance with the provisions of the Commercial Code and the Federal Civil Code of Mexico.

If the User does not agree with these Terms and Conditions, they must refrain from accessing, viewing, and using the Platform and/or any other products and/or services offered by Leadsales®. The mere access, viewing, and/or use of the Platform constitutes the User’s express consent to be bound by these Terms and Conditions, thereby creating a mutual agreement between the User and Leadsales®.

 

2. DEFINITIONS.

 

For the purposes of interpretation and compliance with these Terms and Conditions, the words capitalized in this document—regardless of whether they are used in singular or plural, feminine or neutral—shall retain their meaning, unless otherwise defined in different sections of this document. The following terms shall have the meanings assigned to them below:

“Leadsales® Public API” refers to the application programming interface that allows different programs and services to securely communicate with each other over the internet.

“Client” refers to the User who holds an Account and has made a Subscription payment. For the purposes of these Terms and Conditions, Client is equivalent to User Owner, a term defined in Section 3. USER ROLES.

“Content” refers to, but is not limited to, all information, data, references, trademarks, copyrights, commercial notices, or any other elements contained within the Platform that have been developed by Leadsales®, its subsidiaries, or affiliates, or whose use has been duly authorized to Leadsales® for the provision of Services.

“Email” refers to the email address that is directly or indirectly provided to Leadsales® for each Client. It serves as the unique access and identification method through which the Client can use the Platform and benefit from the Services offered by Leadsales®.

“Account” refers to the individualized access granted by Leadsales® to the User under the contracted Services, through which the User accesses the Platform and benefits from the Services offered by Leadsales®.

“Personal Data” refers to any information relating to an identified or identifiable natural person, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties.

“Workspace” refers to the working space within the Platform, linked to the Client’s Email and identified by a unique number. Multiple workspaces may be linked to the same Email.

“Integrations” refer to third-party connectivity technologies and platforms that Leadsales® relies on to provide its Services, such as those belonging to Meta Platforms, Inc. (META®), including Facebook®, Messenger®, Instagram®, and WhatsApp®. These integrations are governed by their own terms and conditions, which must be accepted by Clients and Users for the proper provision of Services.

“Leadsales®” refers to Grupo Conexión Software, S.A.P.I. de C.V., a Mexican company duly incorporated under the laws of the United Mexican States, with its registered address at Héroe de Nacozari, 25B, Oficina 9, Centro, Querétaro, Querétaro, C.P. 76100.

“Mexico” refers to the United Mexican States.

“Partners” refer to third-party collaborators of Leadsales® whose purpose is to carry out certain intermediary activities with the general public to connect potential Users with the Platform. They are also responsible for training new Users, installing the Platform, and providing initial support to new Users.

“Payment Gateway” refers to third-party electronic platforms that provide payment systems and financial services necessary for the User to make Subscription payments. These platforms have their own terms of use and privacy policies, which the Client must carefully read and accept.

“Platform” refers to the software owned by Leadsales®, through which various Services are provided to Clients and Users. This software can be accessed via a computer with an internet connection by visiting https://leadsales.services/ and/or through a smartphone with an internet connection by downloading the application directly from virtual stores for devices with iOS (App Store) and/or Android (Google Play/Play Store) operating systems.

“Promotions” refer to any preferential conditions that Leadsales® may offer from time to time to Clients of the Platform, including but not limited to promotions, discounts, complimentary offers, or reduced rates. These will be subject to the specific conditions, terms, restrictions, duration, or volume that Leadsales®, at its discretion, establishes through the Platform and/or any other communication channel used by Leadsales®.

“Services” refer to all activities mentioned in the “SERVICES” section of these Terms and Conditions, which are provided by Leadsales® to Clients and Users, who gain access to them through the use of the Platform.

“Subscription” refers to the Client’s purchase of one of the various access plans for Leadsales® Services on the Platform. This is done by paying the fee determined by Leadsales® for the selected plan, which will be billed at the frequency chosen by the Client.

“Terms and Conditions” has the meaning attributed to the term in the INTRODUCTION section.

“User” has the meaning attributed to the term in the INTRODUCTION section.

 

3. USER ROLES.

 

By using the Platform, the Client acknowledges and agrees that they may assume and assign different User roles, which are essential for the operation of the Platform and the use of the Services and features it offers. These roles include:

“User Owner” refers to the Client, meaning the User of the Platform who created the Account using their Email. This User is considered the sole owner and holder of the Account at all times and has full authorization to manage it, add Admin Users and Seller Users, modify role assignment rules, and download information.

“Admin User” refers to a Platform User who can manage the Account in addition to the User Owner. The Admin User can also add Seller Users or other Admin Users, modify assignment rules, and download information. Additionally, the Admin User has the authority to request extra-cost services and create new Workspaces. The User Owner understands and accepts that they will be responsible for any service requests made by the Admin User.

“Seller User” refers to a Platform User who can view and communicate with the Client’s customers and/or prospects who reach out through the Integrations connected to Leadsales®.

 

4. SERVICES.

 

The Platform serves as the medium through which Leadsales® provides technology services to the Client, facilitating communication between the Client and Users with third parties, such as the Client’s customers and/or prospects. This is achieved through the interconnection of digital platforms from Integrations (which are independent of Leadsales® and, therefore, not its responsibility) with the Client’s social media accounts, aiming to enhance customer service, sales, and/or advertising efforts.

Leadsales® will always collaborate to ensure that Integrations meet service standards and quality; however, the Client acknowledges and accepts that, since the Integrations are owned by third parties that are independent of and unrelated to Leadsales®, and are not under the control of Leadsales® or its subsidiaries or affiliates, Leadsales® will not be responsible in any way for the Integrations, their functionality, their proper operation, the inaccuracy, deficiency, and/or interruptions of the services of the Integrations, or for any other aspect related to the Integrations that may impact, harm, or affect the Client, or that could potentially impact, harm, or affect the Client. It is the Client’s responsibility to have the appropriate hardware and software in accordance with the terms and conditions of the Integrations, as well as to have an adequate and secure internet connection with a sufficient balance for its operation. Likewise, Leadsales® is not and will not be responsible for backing up the Client’s information contained or transmitted through the Integrations on the Client’s devices, for which the Client must ensure that they generate their own backups in accordance with the policies of the Integrations.

By purchasing a Subscription, registered Clients and Users will be able to use all Services offered on the Platform, as available according to the Subscription acquired. It is understood that the mere use of the Platform constitutes the acceptance of the Clients and Users to be bound by the Terms and Conditions, and it is their sole responsibility to read and fully understand them before using the Platform.

 

5. QUALITY OF SERVICES.

 

Leadsales® shall not be responsible for any damage or harm suffered by the Client as a result of inaccuracies, typographical errors, or periodic changes or improvements made to the Services offered on the Platform.

Leadsales® provides the Services with a reasonable level of competence and diligence from a commercial standpoint; however, it does not offer any type of guarantee in relation to them. Leadsales® makes no representations or warranties of any kind, express or implied, regarding the operation of the Platform, information, content, or included Services. The Client expressly agrees that the use of the Platform is at their own risk. Leadsales® reserves the right to remove or delete any information from the Platform at any time, at its sole discretion. Neither Leadsales® nor its suppliers, business partners, or distributors offer specific warranties regarding the Services. Leadsales® excludes all warranties to the extent permitted by applicable law.

In accordance with these Terms and Conditions, Leadsales® does not and will not assume any type of liability towards any person arising from or that may arise due to the Services, navigation on the Platform, inquiries, clarifications, and/or any other type of response provided by Leadsales® through any means of communication.

The Client agrees to hold Leadsales®, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives, and/or any person related to it, harmless from any liability that may arise due to and/or in connection with the misuse of the Platform, the provision of the Services, or any other matter derived from these Terms and Conditions.

The Client understands and accepts that the liability of Leadsales® will always be limited to, as the maximum amount payable as compensation, the last periodic amount paid by the Client for the Subscription, with the understanding that Leadsales’ liability will not apply for the period during which the Client effectively used the Subscription services. Additionally, the Client acknowledges and accepts that such compensation will only be applicable if Leadsales®’ liability is established by a final judgment resulting from legal proceedings against it. The Client acknowledges and accepts that, except as stated above, they will not be entitled to any additional compensation or reimbursement.

 

6. REGISTRATION AND USE OF THE ACCOUNT.

 

6.1 Capacity to Register. For an individual or legal entity to access Leadsales® Services, they must create an Account. Leadsales® Services are available to individuals and legal entities of all types that have the legal capacity to contract them. Therefore, individuals or legal entities that lack this capacity, including but not limited to minors, cannot create a Leadsales® Account or use Leadsales® Services. Likewise, individuals who have been temporarily or permanently disabled from the Platform by determination of Leadsales® or for any reason may not contract Leadsales® Services. By accessing and using the Platform, the Client declares and guarantees that they meet these eligibility requirements to contract Leadsales® Services. Leadsales® assumes no responsibility for the use of the Platform by minors or legally incapacitated persons. Parents, legal guardians, or other responsible parties must supervise and control the access and use of the Platform by minors or incapacitated individuals. Any registration or use by minors or incapacitated individuals will be invalid and will be immediately revoked without any liability for Leadsales®.

The creation of an Account by the Client on the Platform also allows for the creation of one or more Workspaces associated with the Client’s Email, as well as the assignment of different User roles. In any other case, multiple registrations made by a single Client are prohibited. Therefore, Leadsales® reserves the right, without prior communication or notice to the Client, to disable all existing registrations and prevent any future registrations linked to the Client.

Leadsales® may unilaterally exclude the registration of Clients and Users when, at its sole discretion, it considers that the conduct of the Client and/or User is inappropriate, contrary to these Terms and Conditions or applicable laws, to Leadsales® practices, or is harmful or offensive to other Clients and/or Users, to Leadsales®, to its employees, or to third parties.

6.2 Account Registration. To complete the account registration, Clients must follow the instructions provided on the Platform, as well as fully provide and complete all required information and personal data requested by Leadsales® at the time of registration, in order to be enabled to use the Platform. It is the sole responsibility of Clients to provide, update, and ensure the accuracy of the registration data required by Leadsales®, which Leadsales® will process in accordance with the Privacy Notice made available to the Client on the Platform, without Leadsales® assuming any legal responsibility for untrue, incorrect, or incomplete data provided by Clients. The registration data that Clients will be required to provide include, among others: full name, email address, and a password to be created by the Clients.

Leadsales® reserves the right to use all valid and possible means to identify its Clients and Users, as well as to request additional data and documents it deems necessary and relevant to verify the personal information provided. Leadsales® reserves the right, unilaterally and without prior notice, to deny any registration request from a Client and/or User if, in Leadsales®’ judgment, they do not meet the aforementioned requirements or do not comply with Leadsales®’ criteria for being Clients and/or Users of the Platform, criteria that are unilaterally determined by Leadsales® as the owner of the Platform.

In the event that Leadsales® considers a registration or the information contained therein to be suspicious of containing erroneous or untruthful data, Leadsales® reserves the right to restrict access to the responsible Client, either temporarily or permanently, as well as to prevent and block any communication or registration of Services, without prejudice to other measures it deems necessary and appropriate. If any of these measures are applied at Leadsales®’ sole discretion, Clients shall not be entitled to any compensation or reimbursement for losses, damages, or harm of any kind.

Clients will access their Account using their Email (login) and the password chosen by the Client for this purpose, which will be for their exclusive knowledge. Clients and Users agree not to share this information with third parties, assuming full responsibility for any use made of it. Clients agree to notify Leadsales® immediately, through the contact channels described on the Platform, of any unauthorized use of their Account. Clients and Users will be solely responsible for all operations carried out in their Account, as access will only be possible through the use of a password known exclusively to them. Therefore, Clients and Users hereby release Leadsales® from any liability related to the use of the Clients’ Email and password.

Clients are responsible for the truthfulness, accuracy, and validity of all data provided to Leadsales® for the use of the Platform and Services. Therefore, it is their sole responsibility to ensure that all information supplied to Leadsales® for the use of the Platform and Services is truthful, accurate, correct, and up to date, as well as to keep it updated with Leadsales®. The Client is responsible for all activity that occurs in their Account, including its use by Admin Users, Seller Users, and unauthorized third parties. Consequently, the Client must take the necessary and appropriate measures to protect the security of their data and information. In light of the above, any use, misuse, or operation carried out through the Client’s Account will be the sole and exclusive responsibility of the Client.

In any case, the Client shall be solely responsible for any incomplete, incorrect, false, or inaccurate statements they make and for any losses, damages, lost profits, or moral damages (whether direct or indirect or of any nature) caused to Leadsales® or third parties due to the information they provide.

The Client is the sole responsible party for maintaining the confidentiality of their access credentials, such as Client and User names and passwords. The Client and/or User is advised, as a security measure, to ensure that upon concluding the use of the Services on the Platform, they log out of the session. It shall be the Client’s responsibility to keep Leadsales® updated on the details of the individuals authorized to act in the roles of User Owner, User Seller, and User Admin for the use of the Account or Workspaces. The Client acknowledges that the Account is non-transferable and for their exclusive use, and therefore, under no circumstances shall the transmission, assignment, sale, rental, or any other form of transfer of the Account be permitted. The creation of new registrations by individuals or entities whose original registrations have been revoked by Leadsales® or due to violations of these Terms and Conditions or Leadsales® policies shall not be permitted. The nickname that the Client chooses to identify themselves on the Platform must not bear any resemblance to the name Leadsales®; nor may they use any nickname that insinuates or suggests that the Client’s services are provided by Leadsales® or that Leadsales® Services are part of the Client’s services. Likewise, Leadsales®, without prior notice and without the need for a judicial resolution, may delete or revoke the registration of any nickname that, in Leadsales®’ judgment, may be deemed offensive or that infringes upon current legislation. Clients and Users are strictly prohibited from presenting themselves to any third party as employees, service providers, or contractors of Leadsales®. Leadsales® reserves the right to deny any registration request and/or revoke a previously accepted Account registration at its sole discretion, unilaterally and without prior notice.

6.3 Responsibility of Clients over the Account. Each Client, under their strictest responsibility, shall independently determine the role of Users they choose to assign to authorized individuals for the use of the Services through the Platform, and likewise, it shall be the Client’s responsibility to keep the information of their authorized Users updated with Leadsales®.

Leadsales® assumes no responsibility towards the Users, the Client, or any third party for the misuse of the Accounts by individuals authorized by the Clients.

6.4 Express Acceptance. These Terms and Conditions will be made available to Clients for their express acceptance, which shall be carried out electronically by filling out and/or checking boxes, options, or acceptance buttons expressly enabled on the Platform for this purpose. Notwithstanding the foregoing, by the mere fact that an individual or legal entity uses the Platform, they shall be subject to these Terms and Conditions.

Clients declare and guarantee that, prior to the direct or indirect use of the Platform, they have expressly accepted and agreed to each and every provision contained in these Terms and Conditions. Leadsales® Services will only be enabled for those Clients for whom Leadsales® has proof of prior acceptance of these Terms and Conditions; otherwise, the Services will not be enabled.

If a Client, for any reason, does not agree to be bound by the exact Terms and Conditions set forth herein or does not accept all or part of these Terms and Conditions, such Client must refrain from registering and using the Platform and, if applicable, from using the Services or making any Subscription payment. Additionally, the Client must immediately leave the Platform. If the Client does not leave or continues using the Platform, makes a Subscription payment, completes the registration, or uses the Services, it shall be understood that, by that sole act, they consent to be bound by and subject to these Terms and Conditions.

Leadsales® shall guarantee the right of Clients to revoke their consent regarding the acceptance of these Terms and Conditions, in which case the Services shall be terminated, and the Subscription in effect at the time of revocation shall be canceled. To do so, the Client must simply terminate their subscription in accordance with the steps outlined in section 8.10 “Termination of the Subscription.” This is understood to mean that any obligations incurred by the Client prior to the revocation of consent to these Terms and Conditions and the termination of their Subscription shall remain in effect until fully fulfilled by the Client. Furthermore, the termination of the Subscription and Services shall not entail any liability for Leadsales®.

 

7. REVOCATION AND/OR ACCOUNT CLOSURE BY LEADSALES.

 

Leadsales® reserves the right to revoke or restrict access to the Account and/or Subscription of any Client or User on the Platform at any time and at Leadsales®’ sole discretion, without prior notice or liability to Leadsales®, when Leadsales® determines that the obligations have not been met or these Terms and Conditions have been violated, or by order of competent authorities. In such cases, the Client acknowledges and accepts that Leadsales® reserves the right to provide the Client’s or Users’ data and transaction history to any competent authority that requests it through a judicial or administrative order.

The Client agrees that they will not be entitled to any refund or compensation for any remaining period of their Subscription, Content, and/or unused Services in the event of the revocation of their Account and/or Subscription.

Similarly, Leadsales® reserves the right, when deemed appropriate, to restrict access to the Clients’ and/or Users’ Accounts, delete or remove, partially or entirely, any content, information, or material that the Clients and/or Users have posted on the Platform and that, by its nature, is considered by Leadsales® at its sole discretion, including but not limited to, as harmful, abusive, illegal, threatening, discriminatory, defamatory, pornographic, or in any way contrary to the law, regulations, or contrary to morals and/or good customs in Leadsales®’ judgment. This may be done without prior notice and without the need for any authority resolution.

 

8. SUBSCRIPTIONS.

 

To access the Services, the Client may acquire a Subscription by paying an upfront fee on a monthly basis, or through another recurring interval established at the time of purchase.

Subscriptions for periods longer than the monthly term include a pricing benefit for the Service. Therefore, once the Client makes the payment for the desired interval, the Client will not be entitled to request or receive a refund or reimbursement in the event of early termination or revocation of the Service. The Client understands and accepts that the terms are mandatory and, as such, cannot request a refund for the unused portion of their Subscription.

The different Subscriptions available through Leadsales can be consulted on the official website at leadsales.io.

8.1 Payments. The User must select the payment method they wish to use, with the following options available: i) electronic payment through third-party Payment Gateways contracted by Leadsales®, as long as they are available on the Platform, or ii) registering a debit or credit card on the Platform. For payments made in Mexico, the option of payment via bank transfer may also be requested, which is only available for Subscriptions with terms longer than the monthly period; such payments are reflected within one business day, and the Subscription will only be activated once the payment is reflected.

Once a Subscription is contracted, the Platform will make automatic charges according to the period selected by the Client, which will be made for subsequent periods on the same calendar day the Subscription is contracted. For example, if the Subscription is monthly, and the first payment is made on the 5th of the month, subsequent automatic charges will be made on the 5th of the following month. Similarly, automatic charges for Subscriptions longer than the monthly period will be made according to the term of the Subscription chosen by the Client.

The Client is obligated to visit the Platform to be aware of any modifications that Leadsales® makes to the Subscription price. Unless stated otherwise, any change to the payments will take effect at the beginning of the following subscription period. If the Client does not agree with the change in the Subscription price, they must terminate the Service before the next start date of the contracted period; otherwise, the new price will be deemed accepted by the Client.

Once the payment is verified, the Client will receive confirmation from Leadsales®, and they will be enabled to use the Platform for the paid period.

The Client acknowledges and accepts that Leadsales® will have no involvement or participation in the processing of the payment for the Subscription, which will be carried out through third-party payment service providers.

The Client understands and accepts that to process their Subscription payment, they may be redirected to the payment provider’s platform via the link provided for this purpose on the Leadsales® Platform. In light of this, the Client acknowledges and accepts that Leadsales® has no responsibility or liability for the service provided by the third party to the Client for processing their Subscription payments.

Leadsales may grant a grace period of up to ten calendar days for the payment of the Subscription. After this period has passed without the corresponding payment being reflected, Leadsales will proceed to deactivate the Account. If the Client makes the payment afterward, the reactivation of the Account will be carried out within one business day following the successful reflection of the corresponding payment.

8.1.1. Currency. For Clients located in Mexico, the charge for the Services will be in Mexican pesos. For Clients located in other countries, the charge for the Services will be in US dollars.

8.2.- Fair Use.- The different access plans to Leadsales® Services that the Client may have access to through their Subscription come with certain usage and consumption limitations that the Client must read carefully and take into consideration when selecting the plan of their interest. In this regard, the Client understands and accepts the following:

8.2.1. Storage. The Client acknowledges that they will only have access to the storage, number of contacts, image files, text, video, audio, and conversation files included in accordance with the Subscription they have contracted. If additional storage is required beyond what is included in the originally contracted plan, the Client may upgrade to a higher plan that meets their specific needs.

Regarding services that involve information storage, the Client acknowledges and accepts that (a) the Platform will retain such information for as long as the Client’s Subscription is active, and in the event of Subscription termination, Leadsales® will retain such information through third-party cloud storage services (AWS) for a period of up to 90 calendar days; and (b) if the Client subscribes again after this period, Leadsales® does not guarantee the existence or preservation of the Client’s prior information history. In the event of Subscription revocation due to Client non-compliance, Leadsales® will not retain the information as previously outlined.

8.2.2. Sending and Receiving Messages. The Client agrees that the Platform, among its functions, operates as a computer emulator for the messaging software of the Integrations that the Client has available and wishes to enable on the Platform. Therefore, the Client must have a valid account and comply with the terms and conditions of the Integrations. Likewise, the Client will only have access to the number of messages according to the Subscription they have contracted. If additional messages are required beyond those included in their plan, the Client may request an upgrade to their Subscription to access the additional messages.

8.2.3. Number of Contacts. The Platform has a feature that allows the Client to import and export contacts, as well as download that database. The Client will only be able to download a limited number of contacts, as determined by Leadsales®, in accordance with the Subscription they have contracted. If an additional number of contact downloads is required, the Client may upgrade to a higher plan that meets their specific needs.

8.2.4. Additional Services. If additional services beyond those contracted are required, the Client must pay an additional amount to be determined by Leadsales®.

8.3 Leadbot Service: The Client will have the option to configure, through the Platform, a software program for simulating conversations with the Client’s customers (“Leadbot”), which will serve to respond to incoming messages. These are understood as messages the Client receives for the first time from their prospects or customers through the Integrations, offering multiple-choice response messages to those clients or prospects of the Client.

The Client understands and accepts that the Leadbot must comply with the policies of the Integrations, and therefore, Leadsales® reserves the right to modify or even remove this service if the policies of the Integrations are modified.

The Client acknowledges that the use of the Leadbot is protected by a watermark referencing Leadsales® as the provider of the tool. If the Client wishes to remove this watermark, they may do so by paying an additional fee, which the Client can inquire about with Leadsales® for contracting and payment.

8.4 Leadsales® Public API Service. The Platform functions as an application programming interface (API) that allows different programs and services to communicate with each other securely over the internet, without compromising the privacy or security of the information. As part of the Leadsales® Services, the Client will have the possibility to make a limited number of computer calls or requests to the API, according to the Subscription they have contracted.

To access the Leadsales® Public API, Clients need to acquire an API Token or API Key, which consists of authentication credentials. This will incur a cost determined by Leadsales®, in accordance with the Subscription.

The Leadsales® Public API will allow Clients to obtain the following information through the following methods: Lead list, ID, name, email, phone, company, funnel, stage, assignment, funnel list, funnel name, number of leads, number of leads per stage, list of registered users in their workspace, role, last login date, among others.

Clients and Users will be limited to 100,000 requests.

The Client and/or User must refrain from copying any code derived from the API, and in case of non-compliance, they must indemnify Leadsales®. Leadsales® reserves the right to take legal action in the event of a breach of these Terms and Conditions and may revoke the Client’s Account without any responsibility for Leadsales®.

8.5 Responsibility. The Client is responsible for maintaining the required funds and a payment method with sufficient liquidity to meet the payment obligations of their Subscription.

In the event that the Client fails to meet their payment obligations, the Accounts of all individuals authorized to manage the roles assigned to them by the Client will be revoked, and the use of associated Services will be prohibited. The Client assumes responsibility towards third parties and releases Leadsales® from any liability arising from the consequences related to the Client’s failure to make timely payments.

8.6 Taxes. The taxes to be paid by the Client are based on the applicable tax rates at the time of the subscription charge. Taxes may change according to local requirements.

8.7 Automatic Subscription Renewal. The prices displayed on Leadsales® apply to each subscription billing period. Once the Subscription ends, it will automatically renew for another period equal to the previous one at the current applicable price. The Subscription will renew at the end of each billing cycle until the Client terminates it, provided the Client follows the steps indicated in section 8.10 “Termination of Subscription.” The termination must be made at least 3 days prior to the date the next subscription payment is due, as once the payment is made, the Client will not be entitled to any refund under any circumstances. If there are any changes to the Subscription, it will remain in accordance with the plan in effect on the date the change occurs until the end of the billing cycle, and the plan change will apply to the next billing cycle. In the case of a request for additional Workspaces, the charge for the additional Workspaces will be made when the Client requests them from Leadsales, and in the first month of the additional Service, a prorated fee will apply based on the number of days remaining in the relevant billing month.

8.8 Price and Fee Changes. Leadsales® reserves the right to change the subscription prices, including any other fees related to the services and/or the use of the platform. Any price changes will be communicated to the Client in advance. If the Client continues to use the service after the price change takes effect, it will be understood that they accept the new price. If the Client does not agree with the price change, they may terminate their subscription before the new price takes effect; otherwise, the Client will not be entitled to a refund once the payment has been made.

8.9 Billing Information. The following subscription payment billing policies will apply to Clients:

The Client may generate the billing for their Subscription payment if residing in Mexico and generate an invoice if residing outside of Mexico. To do so, they can request their invoice from their own Account in the billing section within the Leadsales platform. The Client has until 10:00 p.m. (Central Mexico time) on the last day of the month in which the Subscription payment is made to generate the corresponding invoice.

In the case of Mexico, a fiscal invoice will be issued in accordance with Mexican regulations. For other countries, a payment receipt will be issued without fiscal effects.

In this act, the Client expressly accepts that Leadsales® will not be responsible for the fiscal data that is found and/or entered into the corresponding invoicing request portal.

The Client acknowledges and agrees that once the fiscal receipt for the Subscription payment is issued, Leadsales® will not be able to make modifications and/or deletions to the issued fiscal receipt, so the Client must ensure that the correct fiscal data is entered and provided for such purposes.

The Client expresses their agreement that no fiscal receipts issued by Leadsales® for previous months will be deleted, except for the current calendar month.

If the Client needs to make modifications to the fiscal data included in the Account, they must contact the Leadsales® Customer Support Center to modify and/or update the new data. Leadsales® recommends that the Client complete this process at least 5 (five) days in advance of the Subscription payment date.

Under no circumstances will Leadsales® be able to issue a fiscal receipt for Subscription payments made in previous months or years.

8.10 Termination of the Subscription. The Client may request the termination of the Subscription at any time, for which they must follow the following steps:

(a) Enter the settings section within the Platform.

(b) Once in settings, click on the “Subscription” section.

(c) In the subscription section, click on “Cancel Subscription.”

(d) Enter the required information in the service termination form.

If the User has any questions about the process, they may contact the Leadsales® Support Center team through the contact methods provided in the relevant section within the Platform to resolve their doubts.

Once the Subscription is canceled, the Service will remain active until the last business day of the current Subscription period.

8.11 Partners. The conditions for entering into these partnerships will be specified in the partnership agreement that Partners enter into with Leadsales®, if applicable. In the event that any Client or User wishes to participate as a Partner, they must inform the Leadsales® team, who will provide the corresponding information.

 

9. ADDITIONAL SOFTWARE TERMS AND CONDITIONS.

 

Without prejudice to the various obligations contained in the different sections of these Terms and Conditions, the Client and Users agree to refrain from engaging in the following behaviors: (i) making improper, illegal, or fraudulent use of the Platform; (ii) accessing or attempting to access restricted or unauthorized resources within the Platform; (iii) using the Platform for illegal, unlawful, or improper purposes, or in a way that damages or harms the rights or interests of third parties, or in any way that may damage, disable, overload, or impede the normal use or enjoyment of the Platform; (iv) causing damage to the Platform or to the systems of the Integrations, their suppliers, or third parties; (v) introducing or disseminating, or attempting to distribute, computer viruses or any other physical or logical systems that could cause damage to the systems of Leadsales®, the Integrations, its suppliers, or third parties; (vi) attempting to access, use, or manipulate data from Leadsales®, the Integrations, third parties, suppliers, or other Clients and/or Users; (vii) reproducing, copying, or distributing any elements embedded in the Platform without the appropriate authorization; (viii) introducing or disseminating harmful data programs (viruses and/or malicious software) capable of causing damage to the computer systems of Leadsales®, its suppliers, third parties, or generally any User on the Internet network; (ix) disseminating, transmitting, or making available any type of information, element, or content via the Platform or through the use of the Services that violates fundamental rights and freedoms recognized constitutionally and in international treaties; (x) disseminating, transmitting, or making available any type of information, element, or content via the Platform or through the use of the Services that constitutes unlawful or unfair advertising; (xi) introducing or disseminating false, ambiguous, or inaccurate information in a way that misleads the recipients of the information, through the Platform or through the use of the Services; (xii) disseminating, transmitting, or making available any type of information, element, or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks, or copyrights belonging to Leadsales® or third parties; (xiii) disseminating, transmitting, or making available any type of information, element, or content through the Platform or through the use of the Services that constitutes a violation of the secrecy of communications and the legislation on personal data protection and, in general, all legal norms regulating the protection and promotion of respect for the privacy and intimacy of individuals and their families; and (xiv) engaging in or attempting to engage in reverse engineering, decompiling or reverse compilation, disassembling, listing, printing, or displaying the software, firmware, middleware, or any other part of the source code or compiled code that integrates the Platform and any of its programs or components, or obtaining the source code or other proprietary information by any other means.

 

10. OBLIGATIONS OF LEADSALES®.

 

In addition to what is established in the different sections of the Terms and Conditions, Leadsales® agrees to: i) provide accurate, reliable, sufficient, clear, and updated information regarding the Services; (ii) make the Platform available to the Client under the agreed terms and conditions; (iii) use the information solely for the purposes established in these Terms and Conditions, as well as the applicable Privacy Notice; and (iv) use information and validation mechanisms during the transaction, such as pop-up windows, that allow the Client to accept or reject each step of the payment process for the Services.

 

11. SCOPE OF SERVICES AND LEGAL RELATIONSHIP.

 

Leadsales® does not intervene in the contact process that may occur between the persons authorized by the Client to manage the various User roles of the Client within the Platform, as well as between the Client with the Integrations and/or with third parties in the use of the Platform. Therefore, the Client acknowledges and agrees that Leadsales® has no responsibility for the information and/or agreements made between the Clients and/or with any third party, as these agreements are solely their own responsibility and knowledge. This is understood in the sense that Leadsales®, through the Platform, facilitates the respective contact between the Users and the corresponding third parties, as the services or products that the Clients offer through the use of the Platform, as well as the information they provide, are of an autonomous and independent nature, and are not under the control of Leadsales®.

These Terms and Conditions do not create any contract of partnership, association, mandate, franchise, or employment relationship between Leadsales® and the Clients and/or Users, but merely document the provision of the Services contracted by the Clients.

 

12. OPERATION OF THE PLATFORM.

 

The Platform is available 24 (twenty-four) hours a day for access and consultation. The operation of the Platform does not refer to the hours of the Support Center, which is only available on business days and hours, from Monday to Friday, between 8:00 AM and 6:00 PM.

The Client is responsible for obtaining the necessary data network access to use the Platform. Data and messaging rates and charges from the Client’s mobile network may apply if the Client accesses or uses the Platform from a wireless device, and the Client will be responsible for paying such rates and charges.

The Client is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and the Platform, as well as any updates to them. Leadsales® does not guarantee at any time that the Services, or any part of them, will function on any particular hardware or device.

Leadsales® will make its best efforts to maintain the proper and correct functioning of the Platform, as well as to mitigate the presence of viruses and/or other elements introduced into the Platform by unrelated third parties. Additionally, it will adopt various protective measures to safeguard the Platform against cyberattacks from third parties. However, Clients acknowledge that the Platform may be unavailable due to technical difficulties, internet failures, disruptions in telecommunications networks, or any circumstances beyond Leadsales®’ control.

 

13. INDEMNIFICATIONS.

 

The Client acknowledges that Leadsales® does not assume any obligation or responsibility that is not specifically established in the Terms and Conditions.

The Client accepts and acknowledges that Leadsales® may take the necessary legal actions to require and ensure compliance by the Clients with all the provisions established in these Terms and Conditions, as well as request compensation for damages caused by the breach of their obligations under these terms, and for any harm caused to Leadsales®, its subsidiaries, affiliates, and/or any of its directors, officers, agents, contractors, shareholders, and/or employees.

In this regard, any improper, unlawful, abusive use, or any use that in any way violates these Terms and Conditions, the rights of third parties, or applicable laws or regulations, will authorize Leadsales® to immediately proceed, without prior notice, to revoke the Client’s Account, preventing them from continuing to use the Platform, and thereby revoking the non-exclusive license granted under these Terms and Conditions.

 

14. PLATFORM SECURITY.

 

Violations of the security system or network by the Client and/or User may result in civil or criminal liability. Therefore, Leadsales® will have the authority to investigate cases that may constitute such violations and expressly reserves the right to notify and even cooperate with the competent authorities in the prosecution of Clients or third parties involved in such violations.

Leadsales® indicates that it employs the highest commercially available security measures in the industry. Furthermore, the payment process, which is carried out through a third party, operates on a secure server using the SSL (Secure Socket Layer) protocol.

 

15. INTELLECTUAL PROPERTY RIGHTS.

 

The Client acknowledges that the trademarks “Leadsales®”, “Leadsales® & Design”, headers, icons, Platform code (HTML, CSS, JavaScripts, among others), and illustrations contained or related to this Platform are the intellectual property of Leadsales®, in accordance with the Federal Law for the Protection of Industrial Property. Therefore, the Client may not use them, nor attempt to register them or any similar mark that may cause confusion, whether in Mexico or in any other jurisdiction.

Additionally, the software used on the Platform and the Content, including but not limited to the logical code, source code, design, texts, and graphical elements, as well as the selection and design of the content disseminated through the Platform, are the exclusive property of Leadsales® or are licensed to it for exploitation. These rights are protected by the Federal Copyright Law and by the international treaties to which Mexico is a party.

Nothing in these Terms and Conditions should be interpreted as a grant of an exclusive license or transfer of rights to the Client over any intellectual property or proprietary rights of Leadsales® or its affiliates or subsidiaries. Therefore, it is prohibited for the Client and/or Users, without exception, to make any total or partial reproduction, distribution, editing, making available, public communication, or use of any of the Platform’s tools, its Content, or the Services, without prior and express written authorization from Leadsales®.

Subject to compliance with these Terms and Conditions, Leadsales® grants the Client a limited, non-exclusive, revocable, non-sublicensable, non-transferable authorization to: (i) access and use the Platform on the Client’s electronic device solely in connection with their use of the Platform, the content, and the Services described; and (ii) access and use any content, information, and material that may be made available through the Platform. The content generated and/or published on the Platform and all rights related to it are and will remain the property of Leadsales®, which is why, under no circumstances, should it be understood that rights have been transferred or granted to the Client: (i) over or in connection with the Services; (ii) to use or mention in any way the company names, logos, or Service names; (iii) to remove any copyright, trademark, or other proprietary notice from the Services; (iv) to reproduce, modify, create derivative works based on the Services, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit, or otherwise exploit the Services, except as expressly permitted by Leadsales®; nor (v) to decompile, reverse-engineer, or disassemble the Services.

This agreement under no circumstances may be considered as a transfer, in any form, of the technology and software of which Leadsales® is the owner.

Leadsales® reserves any rights not expressly granted by these Terms and Conditions.

 

16. DISCLAIMER OF LIABILITY.

 

The Client expressly acknowledges that they are the sole and exclusive responsible party for the use of their Account, the Platform, the digital accounts of the Integrations, as well as any actions they take while using them, and therefore, no responsibility can be attributed to Leadsales®.

Leadsales® states, and the Client acknowledges and accepts, that the Platform is solely intended to provide technology services to the Client to facilitate contact with third parties, such as clients and/or prospects of the Business, through the interconnection between the digital platforms of the Integrations (which are external to Leadsales® and, therefore, are not its responsibility) and the Client’s social media accounts, in order to enhance their customer service, sales, and/or advertising services. Therefore, Leadsales® does not participate in the completion of the operations entered into by the Clients and Users and, under no circumstances, will it be responsible for the availability, quality, or legitimacy of the activities offered and/or sold by the Clients, Users, and/or the Integrations.

Under no circumstances will Leadsales® be responsible for the unavailability, lack of attention, absence of services, or any damage or harm suffered by any third party due to the services provided or products offered, promoted, and/or marketed by the Users and/or Clients. Leadsales®’s responsibility is limited to providing a technological platform for the Clients, through their Users, to disseminate information and advertising. This does not imply that Leadsales® in any way guarantees, backs, or offers products or services on its own or through a third party.

Leadsales® will not be liable to the Clients for any damage, loss, or harm caused by system failures, server issues, internet disruptions, and/or in any way related to the Platform and/or the Integrations. It will also not be responsible for any virus that infects the Client’s or User’s device caused by downloading, accessing, and/or using the Platform and/or the Integrations, or as a result of any data, files, images, texts, or audio transfers contained therein, despite all precautions taken by Leadsales® to prevent such occurrences.

Neither Leadsales® nor its subsidiaries, affiliates, shareholders, directors, employees, or collaborators will be held liable for direct, indirect, incidental, or consequential damages arising from the sequence, accuracy, absence of errors, truthfulness, relevance, quality, consistency, availability, or use of the Platform, or the inability to use it, despite all precautions taken by Leadsales® to ensure its continuous availability and avoid such issues. Notwithstanding the above, the Platform may undergo maintenance operations, which could cause potential interruptions, for which Leadsales® will not be responsible.

 

17. RESTRICTIONS ON USE OF THE PLATFORM.

 

The Client accepts and acknowledges that Leadsales® reserves the right to prohibit access to the Platform at any time, for any reason, at its sole discretion, as well as to modify the Services and content of the Platform at any time without prior notice. In this regard, unless otherwise stated in these Terms and Conditions, the Client may contact or reach out to Leadsales® to request any clarification or send any comments related to the restriction or prohibition of use or navigation on the Platform.

 

18. TERM.

 

These Terms and Conditions will remain in effect and be mandatory and binding for all Clients who have an active User Account on the Platform and do not request its cancellation or termination. In the event that a Client requests the cancellation or termination of their Client Account, they will be relieved of the obligation to comply with the provisions of this document, but all obligations related to damages, losses, or liabilities of a civil, criminal, administrative, or any other nature incurred by the Client or User against other Clients or Users, Leadsales®, or any third party will remain in effect.

 

19. NOTIFICATIONS.

 

Leadsales® may make timely notifications through a general notice on the Platform, or via the email address provided by the Clients when registering their Accounts. The Client may notify Leadsales® by sending an email to the contact address specified on the Platform.

 

20. MODIFICATIONS.

 

These Terms and Conditions may be updated, modified, added to, or amended, in which case the date of the last modification of this document will be updated. Leadsales® reserves the right at any time to modify, add to, or amend these Terms and Conditions, as well as to make updates to the Platform, its Content, and/or Services whenever it deems appropriate.

These changes will be communicated to the Client through a notification to the User Owner’s email address and will be effective after the updated Terms and Conditions are published on the Platform.

It will be understood that the User accepts the modifications made to these Terms and Conditions if they request or participate in any transaction after such modifications come into effect, while retaining the right to terminate this agreement as provided in the previous paragraph.

The Client agrees to review the updates, modifications, additions, and/or amendments to the Terms and Conditions.

 

21. COOKIE POLICY.

 

Cookies are text files that are stored on the smartphone or computer used by the Client or User when accessing the Platform. Cookies help Leadsales® provide a better experience to the Client and/or User when using the Platform. Leadsales® uses cookies to analyze the flow of information, customize Services, Content, and advertising, measure promotional effectiveness, and promote trust and security on the Platform. Cookies also help remember User preferences and provide default settings for Platform features configured by Leadsales®, as well as adapt the most relevant tools for Users.

Each Client or User can accept or reject the use of cookies through the settings on the smartphone or computer being used. However, it is important for Users to note that if they do not accept the use of cookies, some features of the Platform may not be fully available, as some of the Services offered by Leadsales® are only accessible through the use of cookies.

 

22. LINKS TO EXTERNAL SITES.

 

The Platform may provide links to other external platforms, pages, or websites, as well as to web or mobile pages and/or applications of the Integrations. Leadsales® will not be responsible for the availability of those external platforms, pages, or websites, nor for the content of the mentioned external platforms, pages, or sites. Leadsales® will not be responsible or have any obligation regarding unauthorized links leading to the Platform.

By providing the Services, Leadsales® will at all times have the authority to request support from third parties and delegate the provision of specific services to the Integrations.

The Client expressly agrees to comply with all terms and conditions, guidelines, policies, and applicable regulations of each Integration. The Client acknowledges that for certain purposes of the Services provided by the Platform, failure to comply with the above will result in Leadsales® being unable to continue providing Services through the Platform and/or the requested support, or the termination of their Account.

The Client agrees that Leadsales® has no obligation or responsibility for the Integrations, third-party digital platforms, and/or their content, that are available through the Platform or in connection with it. Therefore, the only solution regarding Leadsales® for any issues or dissatisfaction with Integrations, third-party digital platforms, and/or their content will be to uninstall or cease using them.

 

23. SEVERABILITY AND NO WAIVER.

 

If any term, condition, section, or provision set forth in these Terms and Conditions is considered or could be considered null, invalid, illegal, prohibited, or unenforceable in any jurisdiction, such term, condition, section, or provision will be separated from this document, without affecting the validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.

 

24. ASSIGNMENT.

 

Clients may not assign their rights and obligations under these Terms and Conditions without the prior written consent of a legal representative of Leadsales®. On the other hand, Leadsales® may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or assumes ownership of the Platform, by any possible means, with prior notice to the Clients for that purpose.

 

25. ENTIRE AGREEMENT.

 

These Terms and Conditions, along with any modifications and/or legal notices that may be published or communicated from time to time by Leadsales® through the Platform, constitute the entire agreement between the Client and Leadsales® regarding the Services offered by Leadsales® through the Platform. Any other terms and conditions governing the use of Leadsales®’ Services are incorporated into these Terms and Conditions by reference.

 

26. PRIVACY.

 

By subscribing to or accepting these Terms and Conditions, Clients declare that they have read and expressly accepted Leadsales®’ Privacy Notice, which is available to them on the Platform. For more information on the processing of their personal data, Users should consult the Privacy Notice at the following link: https://leadsales.io/aviso-de-privacidad/.

 

27. FORCE MAJEURE.

 

Leadsales® will not be responsible to the Clients under these Terms and Conditions in the event that they are unable to use the Platform or engage in transactions, or for any other situation, due to Force Majeure or Unforeseeable Events, including but not limited to fires, floods, hurricanes, storms, cyclones, earthquakes, seismic activity, labor strikes, wars, insurrections, riots, rebellions, shutdowns, cyber-attacks by hackers, general revocation or limitation of public access to the software or programming language necessary to operate the Platform, unforeseeable events, or other causes of a similar or different nature.

 

28. CUSTOMER SUPPORT CENTER.

 

To make any requests, complaints, or reports related to the Services, as well as to request assistance regarding transactions and the use of the Account, Clients must contact Leadsales®’ Customer Support Center within 24 (twenty-four) hours of the occurrence for which they seek assistance. The access to the support center can be found directly within the Platform.

At Leadsales®, our Clients are the most important, so Leadsales® will have a period of 1 (one) business day from the date of the Client or User’s support or assistance request to respond to the Client’s inquiry. The time for resolving the Client’s request will vary on a case-by-case basis, depending on the type of request.

 

29. HEADINGS.

 

The headings of these Terms and Conditions are for convenience of reference only and shall not limit or otherwise affect the meaning of any provision of this document.

 

30. APPLICABLE LAW AND COMPETENT JURISDICTION.

 

These Terms and Conditions shall be governed and interpreted in accordance with commercial law, applicable consumer protection legislation, and, subsidiarily, with the current federal civil law of the United Mexican States. Therefore, the Client expressly and irrevocably waives any other legislation that may correspond to them due to their present or future domicile or for any other reason or concept.

For all disputes, claims, actions, or litigation arising from or related to these Terms and Conditions, the Client expressly and irrevocably agrees and consents to submit exclusively to the jurisdiction of the competent courts and tribunals in the City of Querétaro. The Client hereby expressly and unconditionally waives, to the fullest extent permitted, any other jurisdiction that may correspond to them due to their current or future domicile or for any other reason.

 

Currency

 

For Clients located in Mexico, the charge for the Services will be in Mexican pesos at the price published in national currency. For Clients located in other countries, the charge for the Services will be in US dollars at the price published in Dollars.

Clients located in Mexico should be aware that if the language setting of their computer or device is in English, the price of the Services may be displayed on the Leadsales® website in US dollars. However, the payment must be made in Mexican pesos at the price published in national currency.

 

Discrepancy Between the Subscription Terms and the Terms and Conditions

 

In the event of any discrepancies between the Subscription Terms and the Terms and Conditions of Leadsales®, the Terms and Conditions of Leadsales® shall prevail.

Last updated on: October 30, 2024.