Terms and Conditions of Use - Azteli

Welcome to Azteli.com. These Terms and Conditions of Use (hereinafter, the "Terms") constitute a legally binding agreement between you (hereinafter, "the User", "the Client", or "the Merchant") and Azteli (hereinafter, "the Company", "we", or "Azteli").

These Terms govern the access and use of the website, the administration panel (dashboard), and the visualization services offered by Azteli.

By registering, accessing, browsing, or using our services, the User acknowledges having read, understood, and agreed to be fully bound by these Terms, as well as our Privacy Notice.

The acceptance of these Terms through the platform constitutes an electronic signature and a valid data message in accordance with the Commercial Code of the United Mexican States.

Legal Capacity: The use of the platform is restricted to individuals of legal age (18 years) with the legal capacity to contract, and to duly constituted legal entities.

If the User uses Azteli on behalf of a company, they guarantee that they have the necessary legal powers to bind said entity under these Terms.

This is a Business to Business (B2B) service.

1. Service Description

Azteli is a digital platform operating under the Software as a Service (SaaS) model.

Our service allows businesses, companies, and entrepreneurs to access a private panel (dashboard) to upload, manage, and host technical and commercial information for their products (texts, images, and specifications), for the sole purpose of generating an independent public web link for displaying their digital catalog.

2. Nature of the Platform and Limit of Intervention

Azteli as a Technological Showcase: The service is limited to providing the technological infrastructure for hosting the catalog and its visual display on an external link.

Azteli does not operate as a store, virtual marketplace, financial intermediary, or final sales processor.

• No Sales Processing: Azteli does not intervene in, process, or guarantee transactions, negotiations, collections, invoicing, shipping logistics, return policies, or warranties generated between the User and their end consumers. Any sale or contact finalized through external channels (such as WhatsApp redirects) is the sole responsibility of the Merchant.

Merchant Responsibility: Any commercial and legal relationship derived from the use of the digital catalog is the exclusive and absolute responsibility of the User.

The User acknowledges acting as the final provider of the goods or services to their consumers, and agrees to strictly comply with the Federal Consumer Protection Law (PROFECO) and other applicable regulations in the United Mexican States or their country of residence.

3. Registration, Credentials, and Account Use

Account Creation: To use the Azteli dashboard, the User must register by providing truthful, accurate, lawful, and updated legal and contact information.

If the User provides false or misleading information, Azteli reserves the right to immediately suspend or cancel the account without prior notice.

Credential Security: The created account is personal and non-transferable.

The User is solely responsible for maintaining the confidentiality of their access credentials (username and password).

Any activity, catalog modification, or data breach that occurs due to mismanagement or password theft by the brand's team will be its exclusive responsibility, freeing Azteli from any harm.

Dashboard Activity: The User assumes full technical and legal responsibility for any activity occurring under their panel.

This includes, but is not limited to, inventory updates, pricing, image and text configuration, and any content published on the final display link.

4. Intellectual Property

• Azteli's Property: The complete source code, platform design, software architecture, dashboard, link generation tools, interface, logos, trademarks, and domains of Azteli are the exclusive property of the Company. All code belongs entirely to us. Reproduction, reverse engineering, or unauthorized use of the platform is prohibited.
• Client's Property: All content uploaded or generated by the User (including product photographs, descriptions, brands, and business logos) is the exclusive property of the User.

Use License and Promotional Use: By uploading content to the platform, the User grants Azteli a worldwide, non-exclusive, royalty-free license, with the sole purpose of hosting, processing, and displaying said content on the public link of their catalog.

Likewise, the User grants Azteli the right to use their trade name and logo for promotional purposes (for example, in a "Brands that trust us" section).

5. Acceptable Use and Prohibited Products

The User agrees to use Azteli in a lawful, ethical manner, and in accordance with good customs.

It is strictly prohibited to use the dashboard to host, display, or promote:

• Explicit and Inappropriate Content: It is strictly prohibited to upload sexually explicit content, pornographic material, or violent, discriminatory images that violate morals and good customs.
• Illegal or Regulated Products: Narcotics, firearms, explosives, stolen or smuggled goods, and any product whose sale is prohibited by Mexican legislation.
• Intellectual Property Infringements: Counterfeits, piracy, or products that violate copyrights, patents, or registered trademarks of third parties (it is assumed that the publisher has the legal permission to do so).
• Abuse of Integrations: Abusive use of the platform or its integrations (e.g., WhatsApp automations) for sending spam or unsolicited messages.

Automatic Termination: Azteli reserves the unilateral right to permanently suspend or delete, without prior notice and without the right to a refund, any account that violates these rules.

6. Subscription Plans, Payments, Billing, and Retention

• Fees and Gateways: Access to the dashboard is subject to the payment of subscription plans charged in advance. Payments are processed externally and securely through Stripe and Mercado Pago.

Refund Policy (Option A): There are no refunds or prorations for early cancellations, lack of use, or dissatisfaction. If the brand cancels its subscription, it will retain access until the end of the paid period.

Retention and Deletion after Cancellation: If the subscription expires or is canceled, Azteli will safeguard the information, texts, and images uploaded to the panel for a grace period of 90 calendar days.

After this time, the data will be permanently deleted from our servers to free up operational space.

7. Service Availability and Technological Measures

• "As Is" Provision: The service is provided according to technical availability. Although we have secure browsing (HTTPS encrypted protocol / SSL certificates), we do not guarantee 100% continuous, interruption-free access, and we are not responsible for the loss of catalog views resulting from system crashes or maintenance.

Force Majeure: Azteli will not be liable for interruptions caused by events beyond its reasonable control, such as massive internet outages, cloud infrastructure failures, power cuts, or natural disasters.

8. Limitation of Liability and Indemnification

Financial Cap: Under no circumstances will Azteli's total liability to the brand, whether by contract or negligence, exceed the total amount the brand has paid Azteli for the service during the 12 months prior to the event that gave rise to the claim.

No Liability for Lost Profits: Azteli is not liable for loss of profits, indirect damages, or commercial harm suffered by the Merchant or their final customers.

Indemnification: The brand agrees to defend, indemnify, and hold Azteli harmless from any lawsuit, fine, or legal expense arising because the content uploaded by the brand to the dashboard violated applicable laws or third-party rights, obligating itself to cover all of Azteli's legal expenses.

9. Privacy and End Customer Data

The processing of the brand's account data is governed by our Privacy Notice.

If the brand uses linked external channels to collect information from its own consumers, the brand assumes all legal responsibility for the processing of that data.

It is the brand's obligation to have its own valid Privacy Notice, releasing Azteli from any claim or violation of the Federal Law on Protection of Personal Data Held by Private Parties.

10. Modifications to the Terms

We reserve the right to modify these Terms at any time.

Azteli will notify users of substantial changes through the dashboard or by email at least 15 days before they go into effect.

Continued use of the service constitutes acceptance of the new terms.

11. Applicable Law and Jurisdiction

For the interpretation, compliance, and execution of these Terms, the parties expressly submit to the applicable laws in Mexico and to the jurisdiction of the competent courts in the State of Sinaloa, waiving any other jurisdiction that may correspond to them due to their present or future domiciles.