Terms and Conditions

TERMS OF USE, which are celebrated through this adhesion contract:

On the one hand, you, who will hereinafter be called "USER", and on the other hand, the legal entity CONTRACTUALIS, S.A.P.I. de C.V., who will hereinafter be called "CONTRACTUALIS".

This contract, its scope and legal effects, are applicable for the simple use or access to any of the pages, web or mobile apps, software, computer services and apps in general, that make up the website https://contractualis.com, which hereinafter will be understood jointly and indistinctly as "SITE", so that, as an agreement of wills, it´s binding and it is essential that prior to registering on our website and acquiring the character of "USER" of our services, read, understand and express your consent regarding the conditions contained in the terms of use of this contract.

In the event that you do not agree with these Terms of Use, you must refrain from accessing or using the "SITE".

Terms of Use:

At the time of accessing the "SITE" https://contractualis.com, as well as other sites, apps and tools related to our digital platform and the services executable on it, which are agreed to be understood within the "SERVICES" provided on the "SITE", through computer equipment and/or any communication equipment or device, you become a "USER" of our services, without distinction based on the form, means or procedure used to access or make use of the same, and derived from this fact, accepts and agrees to be bound without any reservation, in the terms and conditions indicated below:

CHAPTER I. TERMS.

For the purposes of this adhesion contract, the following linguistic terms will have the meaning attributed to them below, said meaning being understood to apply to the singular and plural of the definitions:

USER: Person who uses the services provided on the "CONTRACTUALIS" "SITE", either by their own right or on behalf of another natural or legal person, with valid and sufficient legal powers to do so, even without having an "ACCOUNT".

SERVICES: Refers to the provision of an interface for the "USER" to electronically and digitally sign all types of documents using the "DIGITAL SIGNATURE" or "FIEL", as well as stamp the "TIME STAMP" and the "DIGITAL TIME STAMP" on all types of documents through the "SITE"; understood signature, time stamp and "STORAGE" of electronic documents that digitizes, creates, scans, displays, generates or receives "CONTRACTUALIS" through the "SITE", in accordance with what is detailed in CHAPTER III. SCOPE OF SERVICES", of these Terms of Use.

SITE: Refers to the website https://contractualis.com, as well as other sites, web or mobile apps, software, computer services, tools and apps in general, related to our digital platform and the "SERVICES" executable on the same website.

ACCOUNT: The "USER", when creating an account on the "SITE", declares, under oath, that they are at least 18 years of age or the legal age of majority in their jurisdiction and that they have the necessary legal capacity for the purpose of using the "SERVICES" in legal and due form; The "USER" acknowledges and assumes all the responsibility of any activity carried out with said account or through it and is aware of and accepts the conditions established in these Terms of Use and in the Privacy Notice.

PASSWORD AND ACCESS KEYS: The "USER" is solely and ultimately responsible for safeguarding any password or access keys that may be used to access the "SERVICES" of the "SITE".

ADVANCED ELECTRONIC SIGNATURE: In accordance with the provisions of section XIII, article 2, and correlated to the Advanced Electronic Signature Law in force in Mexico, "ADVANCED ELECTRONIC SIGNATURE" means the set of data and characters that allows the identification of the "USER", which has been created by electronic means under its exclusive control, so that it is linked only to it and to the data to which it refers, which allows any subsequent modification of these to be detected, which produces the same legal effects than the autograph signature.

For purposes of what is understood as "ADVANCED ELECTRONIC SIGNATURE" that issued solely and exclusively by the "CERTIFYING AUTHORITY", in accordance with the Law of Advanced Electronic Signature in force in Mexico.

DIGITAL CERTIFICATE: Refers to the data message or record that confirms the link between the "USER" and the "PRIVATE KEY".

PRIVATE KEY: It refers to the sequence of characters that the "USER" chooses and secretly generates, to use it in the creation of the "ADVANCED ELECTRONIC SIGNATURE", in order to achieve the link between said "ADVANCED ELECTRONIC SIGNATURE" and the "USER".

PUBLIC KEY: Refers to the data contained in a "DIGITAL CERTIFICATE" that allows the verification of the authenticity of the "ADVANCED ELECTRONIC SIGNATURE" of the "USER".

CERTIFYING AUTHORITY: Includes the dependencies and entities of the Federal Public Administration and the providers of certification services that, in accordance with articles 23 and 24 of the Advanced Electronic Signature Law, have recognized this quality, as well as with said attribution or faculty, and have the technological infrastructure for the issuance, administration and registration of digital certificates, as well as to provide services related to them.

FIEL (SAT): Refers to the "ADVANCED ELECTRONIC SIGNATURE" whose digital certificate is issued, registered and administered by the Tax Administration Service as "CERTIFYING AUTHORITY".

FIEL (ACD): Refers to the "ADVANCED ELECTRONIC SIGNATURE" whose digital certificate is issued, registered and managed by any "CERTIFYING AUTHORITY" other than the one issued by the Tax Administration Service.

INTERNATIONAL FIEL: Refers to the "ADVANCED ELECTRONIC SIGNATURE" in those digital certificates that were issued outside the United Mexican States and recognized by the "CERTIFICATION AUTHORITY"; These certificates will be valid and will produce the legal effects recognized in the Advanced Electronic Signature Law in force in Mexico, the foregoing in accordance with Article 30 of the same law.

FIEL: Refers indistinctly, individually or jointly, to the FIEL (SAT), FIEL (ACD) or INTERNATIONAL FIEL.

DIGITAL SIGNATURE: Refers to a Simplified/Standard Electronic Signature in which there is an electronic process or symbol attached to the "ELECTRONIC DOCUMENT" executed and accepted by both parties in the document or contract, in order to sign a document.

ELECTRONIC DOCUMENT: Includes any type of document, file or contract that is generated, consulted, modified or processed by electronic means. For the purposes of these terms of use, electronic documents are those provided, assigned or supplied by the "USER" for the execution of the "SERVICES".

COMPLETED DOCUMENT: It´s the "ELECTRONIC DOCUMENT" product of the use of the "SERVICES" in the "SITE".

TIME STAMP: It´s the time stamp based on "BLOCKCHAIN" that´s obtained by registering, in the blockchain, an "ELECTRONIC DOCUMENT" uploaded by the "USER" to the "SITE", through which its existence is certified in a certain date and time, issuing a unique "HASH", which allows the integrity of the "COMPLETED DOCUMENT" and its tracking in the blockchain to be validated.

The "TIME STAMP" secures the invariability of the content of a "COMPLETED DOCUMENT", with which the "USER" is allowed to grant any information and documentation the legal certainty that its content has not been altered from an specific instant in time, granting them "CERTAIN DATE".

The "TIME STAMP" is based on an instant adjustment that uses a median of the timestamps returned by all the nodes of the "BLOCKCHAIN" network. This is due to its decentralized form, and it seeks to keep the network nodes as synchronized as possible; offering a relative precision of between 10 minutes and 8 hours, which grants a validity margin, which depends on the speed and operation of the "BLOCKCHAIN" in which the "ELECTRONIC DOCUMENT" is registered. Basically, all nodes connect to the same time slot. For this, UTC-0 (London local time) is taken as a reference, where UTC is Universal Time Coordinated. From this, the nodes of the network coordinate the time in which they work. Now, after storing this data, the local node calculates the travel time between the UTC band and the local time.

Thus, an adjustment is made between the time of the local node with the displacement of all the nodes that are connected to the network. This allows the network time to adjust constantly. This avoids manipulation and is usually done with slight temporary variations with respect to the time slot.

HASH: Refers to a cryptographic function based on the SHA-256 algorithm, usually known as hash, which is a mathematical algorithm that transforms any arbitrary block of data into a new series of characters with a fixed length. Regardless of the length of the input data, the output hash value will always have the same length, will be unique for each input, and will be irreversible, that is, the original input value will not be obtainable. The hash of a document represents its unique fingerprint and any change to the document alters it.

VALIDATION XML IN BLOCKCHAIN (MERKLE TREE): Combines the "HASH" of various documents in the form of a pyramid upwards to create a single parent hash or merkle root, this parent hash is the one that will be used to create a private key and send it to "BLOCKCHAIN".

PARENT HASH OR MERKLE ROOT: Finding the parent hash or merkle root in a transaction indicates that the "HASH" of a document was used for that transaction in "BLOCKCHAIN", which guarantees its existence at that time and grants "CERTAIN DATE" to the document.

CERTAIN DATE: Also known as proof of existence, it will be obtained by using each of the "SERVICES", as follows:

When the "USER" electronically signs any "ELECTRONIC DOCUMENT" using the "DIGITAL SIGNATURE" or "FIEL" through the "SITE", the certain date will refer to the confirmation or verification of the date of execution of the legal act of a private nature, signed by virtue of the "SERVICES", which is certified by "CONTRACTUALIS" through "BLOCKCHAIN" technology with the implementation of the "TIME STAMP" and through the "DIGITAL TIME STAMP" guaranteeing its integrity.

When the user stamps the "TIME STAMP" and the "DIGITAL TIME STAMP" through the "SITE" to any "ELECTRONIC DOCUMENT", it will guarantee the invariability of the content of the "COMPLETED DOCUMENT", granting a presumption of integrity and existence thereof.

It´s expressly established that the "CERTAIN DATE" is subject to full and public technological verification, enjoying legal presumption and evidential effectiveness against third parties, since between the parties it constitutes an element to repute the date as true, since the technological element generates certainty of the integrity of the "COMPLETED DOCUMENT", as well as the reliability of the method in which it was generated, communicated, received or archived since it is accessible for further consultation, as well as its integrity can be verified and/or validated.

BLOCKCHAIN: Refers to a decentralized ledger made up of internationally distributed nodes, which registers the performance of certain events as a public service. For an event to be certified and registered in "BLOCKCHAIN", it must be witnessed and validated by a certain number of witnesses around the world connected to the database at the time it occurs and takes place (a number of witnesses sufficient but variable, commonly counted in thousands). The information registered in "BLOCKCHAIN" is for practical purposes, impossible to manipulate, since a modification requires the consent of said witnesses.

For the provision of the "SERVICES", "CONTRACTUALIS" uses the "BLOCKCHAIN" of "ETHEREUM", "BITCOIN" and "AION", among others.

ETHEREUM: It´s a decentralized open source blockchain system that works as a platform for numerous cryptocurrencies, as well as for the execution of decentralized smart contracts.

BITCOIN: It´s a blockchain that uses peer-to-peer technology to operate without a central authority or banks; the management of transactions and the issuance of bitcoins is carried out collectively by the network.

AION: Refers to The Open Application Network (OAN) blockchain, whose main objective is to facilitate interoperability between different blockchains, allowing the "USER" to execute smart contracts, store data and share it between different networks.

COOKIES: These will be understood as the data file that is stored on the hard drive of the "USER" computer when the "SITE" is accessed. Said data file may contain information such as the identification provided by the "USER" or information to track the pages that the "USER" has visited.

The "COOKIES" cannot read the data or information from the hard drive of the "USER" nor read the "COOKIES" created by other sites or pages.

TOKEN: Refers to the unit of value that grants the "USER" the right to exchange it for the signature of an "ELECTRONIC DOCUMENT" with the use of the "DIGITAL SIGNATURE" or the "FIEL" or to exchange it for a "TIME STAMP" and the "DIGITAL TIME STAMP" of an "ELECTRONIC DOCUMENT", through the "SITE" that "CONTRACTUALIS" offers for it.

PACKAGE: Refers to the number of "TOKEN" acquired together, contracted by prepayment.

CONTRACTUALIS CERTIFICATE: It´s a file in PDF format generated by the "SITE" that certifies the validity of a "COMPLETED DOCUMENT", which contains the relevant information of the latter and allows the validation of the associated document, both its "CERTAIN DATE" and of its integrity.

This certificate together with its associated document, related by its identifier or "HASH" and the "NOM-151 CERTIFICATE", confirm the validity and integrity of the "COMPLETED DOCUMENT", while the "AUDIT TRAIL" confirms the validity of its creation process. 

This document includes:

- Name of the document.

- Identity of the signer (if applicable).

- Identifier (generated by Contractualis).

- Hash of the document (Unique Fingerprint).

- Location of the document.

- Validation QR code.

- Time stamping in Blockchain networks (Aion, Ethereum and Bitcoin).

- Proof of Blockchain or Merkle Tree of the respective Blockchain networks.

AUDIT TRAIL: It’s a chronological record of facts related to an operation, procedure or digital object that reflect its creation, modification, elimination or events. In this case, the Audit Trail reflects the history of a "COMPLETED DOCUMENT" in the "SITE", indicating the date and time of the mentioned event, as well as the metadata of the "USER", system or equipment that generated the event, since the document was created, until the process is complete. The Audit Trail will be available, automatic, traceable, contemporary, secure and always verifiable.

DIGITAL TIME STAMP: Computer mechanism by means of which security is granted on the invariability of the content of a "COMPLETED DOCUMENT" as a certain date, with which the "USER" is allowed to grant any information and documentation the certainty that its content has not been altered from a specific moment in time, granting them a "CERTAIN DATE", in terms of the provisions of "NOM-151", through a "CERTIFICATION SERVICE PROVIDER" that issues the "NOM-151 CERTIFICATE".

NOM-151: It is the Official Mexican Standard NOM-151-SCFI-2016, which establishes the requirements that must be observed for the conservation of data messages and digitization of documents.

CERTIFICATION SERVICES PROVIDER: It´s a third party legally authorized to issue the "NOM-151 CERTIFICATE".

NOM-151 CERTIFICATE: It´s the proof of conservation of data messages that refers to a file that serves as proof of the complete conservation of a "COMPLETED DOCUMENT" with "DIGITAL TIME STAMP", with which the "USER" obtains documentation or information with full probative value, which can verify and/or validate its integrity.

STORAGE: Refers to the safeguarding of all kinds of electronic documents obtained through the "SITE" for the provision of the "SERVICES", implementing Amazon Simple Storage Service (Amazon S3), a centralized model that allows the "USER" to have the security, performance, data availability and scalability required, allowing "CONTRACTUALIS" to offer additional services such as verification of data integrity, encryption of these, among other things, thus becoming a reliable means of safeguarding information processed as a result of the provision of the aforementioned "SERVICES".

Every "COMPLETED DOCUMENT" will be stored in the "STORAGE", for which the “USER” may use a folder system for their organization, however, they will always be available in the My Documents section.

DELETED FOLDER: A "COMPLETED DOCUMENT" deleted by the "USER" on the "SITE" will be sent to this folder, which will be kept for 3 (three) days before being definitively deleted, during which time they can be recovered, however, the "USER" may permanently delete them within this period by selecting the corresponding option.

Even if the files are permanently deleted, the records will be permanent and will continue to be verifiable.

CHAPTER II. DECLARATIONS OF “CONTRACTUALIS”.

The services provided through the "SITE" are governed by the terms of use agreed between you, who is called "USER" and CONTRACTUALIS, S.A.P.I. DE C.V., legal entity constituted under Mexican law, hereinafter "CONTRACTUALIS" as the owner or provider thereof.

"CONTRACTUALIS" is not a "CERTIFICATION AUTHORITY" nor a provider of certification services in accordance with the Advanced Electronic Signature Law and other related legal provisions, since for the provision of the "SERVICES" digital certificates are not issued, managed or registered.

For all legal purposes, "CONTRACTUALIS" is only the provider of the "SERVICES", so it is not a party and is absolutely excluded from both the rights and the obligations that emanate from the legal acts that are signed through the "SITE".

"CONTRACTUALIS" will not extract or disclose any information or data contained in any "ELECTRONIC DOCUMENT" that the "USER" provides through the "SITE" for the use of the "SERVICES".

"CONTRACTUALIS" has no access, control or responsibility, regarding the personal data declared by the "USER" in the creation of the "FIEL", as well as the "PRIVATE KEY" linked to it.

“CONTRACTUALIS” may modify CHAPTER III. SCOPE OF THE "SERVICES", without prior notice to the "USER", the foregoing shall not be considered a breach of these Terms of Use.

CHAPTER III. SCOPE OF THE “SERVICES”.

The "SERVICES" offered by "CONTRACTUALIS" refer, on the one hand, to the provision of an interface for the "USER" to electronically sign all types of documents using the "DIGITAL SIGNATURE" or "FIEL" and, on the other hand, to the stamping of the "TIME STAMP" and the "DIGITAL TIME STAMP" in all types of "ELECTRONIC DOCUMENT" through the "SITE"; for which the user may choose to use any of the following:

1. Electronically sign any type of "ELECTRONIC DOCUMENT" using your "DIGITAL SIGNATURE" or "FIEL", including in this, the stamping of the "TIME STAMP" and the "DIGITAL TIME STAMP".
2. Stamp the "TIME STAMP" and the "DIGITAL TIME STAMP" on all types of "ELECTRONIC DOCUMENT".

It´s a necessary condition for the "USER" to make use of the "SERVICES" that involve the use of the "FIEL", available on the "SITE", to obtain and keep a valid or active "FIEL" before the "CERTIFYING AUTHORITY" that corresponds, or in the case of "INTERNATIONAL FIEL" this is duly recognized by the Ministry of Public Function, the Ministry of Economy or the Tax Administration Service, in accordance with the provisions of the Law of Advanced Electronic Signature.

The "SERVICES" offered by "CONTRACTUALIS" through the "SITE" consist of providing the "USER", an interface for the expression of will by electronic means using the "DIGITAL SIGNATURE" or "FIEL", for which consent may be granted in any "ELECTRONIC DOCUMENT" that implies or contains an agreement of wills, whether they are agreements, contracts or any other that constitutes a legal act, that individuals or parties wish to formalize, as well as an interface for stamping the "TIME STAMP" and the "DIGITAL TIME STAMP" in all types of documents, obtaining as a final product the "COMPLETED DOCUMENT", the "CONTRACTUALIS CERTIFICATE", the "AUDIT TRAIL" and the "NOM-151 CERTIFICATE".

When using the "SERVICES", the "SITE" obtains the IP address (Internet Protocol address) of the "USER" for the purpose of including it in the signature section of the "COMPLETED DOCUMENT", in the corresponding case, as well as to add it in each section of the "AUDIT TRAIL"; In the event that the "USER" uses a VPN service (virtual private network), the "SITE" will obtain the IP address of the last node, which will not correspond to the real one, which will be the responsibility of the "USER".

Within the "SERVICES", the "STORAGE" of each "COMPLETED DOCUMENT" must be considered by the "USER".

"USER" may stamp the "TIME STAMP" and the "DIGITAL TIME STAMP" through the "SITE" to all types of documents that have not been signed through the "SITE", as well as all types of documents that have been signed by autograph signature or that do not have or require any signature, since this guarantees the invariability of the content of the "COMPLETED DOCUMENT" and it will be kept in the "STORAGE".

The signature or subscription of an "ELECTRONIC DOCUMENT" through the "SITE" by the "USER" using either one or more than one "DIGITAL SIGNATURE" or "FIEL", implies a manifestation of consent of the user or, where applicable, whom it represents, tending to the production of legal effects sanctioned by law, in accordance with the provisions of CHAPTER IV. "DIGITAL SIGNATURE" AND "FIEL", EFFECTIVENESS AND LEGAL EFFECTS, based on the Federal Advanced Electronic Signature Law, the Federal Civil Code, the Commercial Code and other related legislation regarding electronic signatures in the United Mexican States, as well as internationally by the United States - Mexico - Canada Agreement (USMCA) and the United Nations Convention on the Use of Electronic Communications in International Contracts (New York, 2005).

The content and integrity of the information of your "DIGITAL CERTIFICATE" or your "COMPLETED DOCUMENT" are not modified or altered by "CONTRACTUALIS" when using the "SITE".

As an integral part of the "SERVICES", once the "ELECTRONIC DOCUMENT" has been signed, either with the "DIGITAL SIGNATURE" or "FIEL" by the "USER" through the "SITE", "CONTRACTUALIS" will assign "CERTAIN DATE" with the use of "BLOCKCHAIN" technology through the implementation of the "TIME STAMP" and the "DIGITAL TIME STAMP".

The "USER" may use or receive the "SERVICES" from "CONTRACTUALIS" by following the process and through the functions permitted, activated and clearly detailed on the "SITE".

For the execution of the "SERVICES", "CONTRACTUALIS" has taken precautions so that the platform and processes that make up the "SITE" are reliable and efficient, through a robust and reliable security system that does not compromise confidentiality and security of the "PRIVATE KEY" of each "USER".

For the correct provision of the "SERVICES", it’s necessary that the "USER" carry out various processes on the "SITE", which, in the event that they are not completed, individually retain the progress generated for a period of fifteen days after the inactivity of the process started on the "SITE" by the "USER".

The "USER" accepts that the progress generated in the provision of the "SERVICES" that has not been completed, will be kept individually for a period of up to fifteen days after the initialization of the uncompleted procedure, for which it reserves the right to claim the loss of progress in the provision of the "SERVICES" derived from its inactivity.

The "SERVICES" can be used both by natural persons and by legal entities, in the case of a legal entity, any use must be made through its "FIEL" or through the "DIGITAL SIGNATURE" or "FIEL" of the natural person who has the necessary legal powers or powers of attorney to subscribe the "ELECTRONIC DOCUMENT" and acquire the obligations contained in it.

Any "COMPLETED DOCUMENT" through the use of the "SERVICES" of the "SITE", will be kept in the "STORAGE" for the time that the "USER" has contracted, however, the records, the "CONTRACTUALIS CERTIFICATE" the "NOM-151 CERTIFICATE" and the "AUDIT TRAIL" will be permanent and will continue to be verifiable.

The "USER" may contract a "STORAGE" plan for the amount and time required, in accordance with the prices indicated in the following link: https://contractualis.com/storage-plans 

Once the "STORAGE" plan referred to in this section expires, if the "USER" subsequently fails to contract a "STORAGE" plan, "CONTRACTUALIS" will keep its "COMPLETED DOCUMENT" for up to a period of 6 (six) additional months from the expiration date of the "STORAGE" plan, for which it will not be available for viewing by the "USER".

Notwithstanding that the user does not contract any "STORAGE" plan for additional space or time, derived from the technology used by "CONTRACTUALIS" in the provision of its "SERVICES", the integrity of the "COMPLETED DOCUMENT" of the "USER" can always be verified and/or validated, both on the "SITE", as well as on the "BLOCKCHAIN" or with the "CERTIFICATION SERVICES PROVIDER", through the "NOM-151 CERTIFICATE".

Understanding this, it´s pointed out that, after the expiration date of the "STORAGE" plan, any "COMPLETED DOCUMENT" may be recovered through the account of the "USER" who signed said document, by contracting a plan of "STORAGE", with sufficient capacity within 6 (six) months following the expiration date of the "STORAGE".

Now, prior to the expiration of the "STORAGE", the "USER" will be sent an expiration notice via the electronic means indicated.

In the event that the "USER" wants any "COMPLETED DOCUMENT" to be deleted or removed from the "ACCOUNT" on the "SITE", the corresponding option must be selected, sending the "COMPLETED DOCUMENT" to the "DELETED FOLDER".

"CONTRACTUALIS" reserves the right to deny, restrict, suspend or cancel to any "USER", access to the "SITE", totally or partially, temporarily or definitively, at any time and without prior notice, if the second breaches any of the stipulations contained in these Terms of Use, if it performs any other act contrary to the applicable laws in force, if its identity or that of its "DIGITAL CERTIFICATE" could not be verified, if any information provided its false or for any other reason, at the sole discretion of "CONTRACTUALIS".

In the above assumption, "CONTRACTUALIS" will communicate via email to the "USER", its refusal or restriction to access or use the "SERVICES" and the removal of its registration from the "SITE".

Neither "CONTRACTUALIS" nor its suppliers or business partners, will be responsible for any damage or harm suffered by the "USER" as a result of inaccuracies, queries made, typographical errors and changes or improvements made periodically to the "SERVICES" and to the "SITE". The "SERVICES", recommendations and advice obtained through the "SITE" are of a general nature, so they should not be considered in the adoption of personal, commercial or professional decisions, so the "USER" should consult an appropriate professional for obtain advice on a specific need. The "SERVICES" are not legal advice or consultancy and should not be understood in that way. "CONTRACTUALIS" is not a law firm, it only offers tools and materials through the "SITE" for the preparation of the "SERVICES" offered. All the "SERVICES", including without limitation, the descriptions, information, definitions, and any other resource, are of an informative and general nature in the strict sense, they are not of an opinion or legal advice.

CHAPTER IV. "DIGITAL SIGNATURE" AND "FIEL", EFFECTIVENESS AND LEGAL EFFECTS.

The "FIEL" contained in electronic documents guarantees the authorship and integrity of the document and that said signature corresponds exclusively to the "USER", for which all acts signed with said certificate will be attributable to the owner thereof. In accordance with the provisions of the Advanced Electronic Signature Law, the "DIGITAL SIGNATURE" and the "FIEL" may be used in electronic documents and, where appropriate, in data messages.

Electronic documents and data messages that have "DIGITAL SIGNATURE" or "FIEL" will produce the same effects as those presented with an autograph signature and, consequently, will have the same probative value that the applicable provisions grant to them.

In the event of making use of the "DIGITAL SIGNATURE", the parties will be understood to agree with it, from the moment it is signed with any of the methods offered by the "SITE".

For the use of this last signature modality, "CONTRACTUALIS" is not responsible for the legal conflicts that may arise from its use, as well as clarifying that "CONTRACTUALIS" is not a "CERTIFICATION AUTHORITY", however it provides "CERTAIN DATE" with "BLOCKCHAIN" technology in every "COMPLETED DOCUMENT" signed on the "SITE", which strengthens its veracity before Courts, plus said characteristic is judged solely and exclusively by the Judges, having said that, the "DIGITAL SIGNATURE" has the scope that national and international legal provisions grant it.

The guiding principles of the "ADVANCED ELECTRONIC SIGNATURE" are the following:

Functional Equivalence: It consists in that the "ADVANCED ELECTRONIC SIGNATURE" in an "ELECTRONIC DOCUMENT" or, where appropriate, in a data message, satisfies the signature requirement in the same way as the autograph signature in printed documents;

Authenticity: Consists of the "ADVANCED ELECTRONIC SIGNATURE" in an "ELECTRONIC DOCUMENT" or, as the case may be, in a data message, allowing certainty that it has been issued by the "USER" in such a way that its content it is attributable to it as well as the legal consequences derived from it;

Integrity: It consists in that the "ADVANCED ELECTRONIC SIGNATURE" in a "COMPLETED DOCUMENT" or, where appropriate, in a data message, allows to give certainty that it has remained complete and unchanged since its signature, regardless of the changes that the medium that contains it may have suffered as a result of the communication, filing or presentation process;

Technological Neutrality: It consists in that the technology used for the issuance of digital certificates and for the provision of services related to the "ADVANCED ELECTRONIC SIGNATURE" will be applied in such a way that it does not exclude, restrict or favor any technology in particular;

Non-Repudiation: It consists in that the "ADVANCED ELECTRONIC SIGNATURE" contained in electronic documents guarantees the authorship and integrity of the document and that said signature corresponds exclusively to the "USER"; and

Confidentiality: It consists in the fact that the "ADVANCED ELECTRONIC SIGNATURE" in a "COMPLETED DOCUMENT" or, where appropriate, in a data message, guarantees that it can only be encrypted by the signatory and the receiver.

By virtue of the foregoing and for the purposes of the "SERVICES", the use of the "DIGITAL SIGNATURE" or the "FIEL" provides legal certainty regarding the celebration, validity and legal effects of the acts signed by the "USER" through the "SITE" and as well as evidentiary effectiveness.

CHAPTER V. LIMITS OF LIABILITY.

Through the "SITE", "CONTRACTUALIS" provides the interface for the execution of the "SERVICES", but has no incidence or responsibility whatsoever regarding the authenticity, will, veracity or legality of the content, personal information, elements of form and substance of the legal acts or transactions contained in electronic documents that are signed or in which the "USER" has given consent using them.

By virtue of the foregoing, "CONTRACTUALIS" will be solely responsible for irregularities in the provision of the "SERVICES" as long as it is proven that the act that caused the irregularity was negligent conduct of its operational personnel or a technical failure in the "SITE".

You as a "USER", when using the "SERVICES" maintain the secrecy, confidentiality, possession and integrity of your "PRIVATE KEY" and the password of your "PRIVATE KEY", by virtue of the fact that it is read or displayed from the device or electronic medium under its exclusive control and domain, through which it uses or accesses the "SITE", therefore, the "USER" is the only one who must and can sign the electronic documents through the use of the "FIEL" of its ownership.

By virtue of the foregoing, the "USER" as the holder of the digital certificate must not, under any circumstances, provide the same to "CONTRACTUALIS", being responsible and solely obligated for the adequate custody of the "FIEL" and the "PRIVATE KEY" linked to it, in order to keep them secret, in accordance with the Advanced Electronic Signature Law.

The "CERTIFYING AUTHORITY" reserves or saves as public information the "PUBLIC KEY" of an "ADVANCED ELECTRONIC SIGNATURE" in order to verify identity and use by its owner; for the execution of the "SERVICES", "CONTRACTUALIS" only and for the purpose of additional confirmation, will verify through the electronic means authorized by the corresponding "CERTIFICATION AUTHORITY", that the "USER" is the one who signs the "ELECTRONIC DOCUMENT", by which will only have access to your "PUBLIC KEY" and never to your "PRIVATE KEY".

By virtue of the foregoing, "CONTRACTUALIS" is legally, technically and materially limited and prevented from the discretionary use of the "FIEL" owned by the "USER", so in this sense and as a provider of the "SERVICES" it is released from any liability of a legal nature and will not be liable for damages and/or losses that may be caused to the "USER", directly or indirectly derived from the unauthorized or illegal use of the "ADVANCED ELECTRONIC SIGNATURE".

The partners, administrators, legal representatives, collaborators, employees, service providers, operators, advisors or officials of "CONTRACTUALIS", who by virtue of their operational work derived from the "SITE" or strict necessity, may know the content or information contained in the electronic documents signed through the "SITE" will be bound in terms of confidentiality and treatment of personal data in accordance with these Terms of Use and our Privacy Notice.

In addition to the above, "CONTRACTUALIS" will not be responsible in the following cases:

For any type of damages and/or losses suffered by the "USER" provided that these derive from the improper use of the services by them, or against affected third parties, who have a direct or indirect relationship with the "SERVICES".

If for reasons attributable or not attributable to "CONTRACTUALIS", the "SERVICES" are not executed or are performed with alterations, defects or errors, in the event that the "DIGITAL CERTIFICATE" of the "USER" is not valid, is revoked or not is authenticated, "CONTRACTUALIS" will have no responsibility against it.

Normally and due to their nature and its computer processes, the "SERVICES" once requested by the "USER" on the "SITE", are executed immediately by "CONTRACTUALIS"; however, some of the procedures may be delayed due to the time and limitations of the "CERTIFICATION AUTHORITY" systems, so "CONTRACTUALIS" does not guarantee the time in which the services will be completed.

By virtue of the foregoing, the "USER" accepts the risk regarding the delays that the "SERVICES" may suffer, releasing "CONTRACTUALIS" from any responsibility derived from the aforementioned delay. However, "CONTRACTUALIS" will carry out the technically possible procedures, so that said times are the shortest and most efficient.

If an unforeseen circumstance makes the execution of the services technically unfeasible for "CONTRACTUALIS", it must notify the "USER" through the "SITE" of the cause or circumstance, as quickly as possible, so that the latter determines the convenience of waiting for the restoration of the "SERVICES" or an alternative for the subscription of the "ELECTRONIC DOCUMENT", the above without any responsibility for "CONTRACTUALIS".

"CONTRACTUALIS" will carry out the necessary technical actions to guarantee the availability, permanence and continuity of the operation of the "SITE" and the provision of the "SERVICES", however, this being an internet platform, the "USER" accepts the risks and releases "CONTRACTUALIS" from any liability that comes from any damage or harm of any nature that it considers may arise from the foregoing.

The "USER" is responsible for protecting and safeguarding the "PRIVATE KEY", personal passwords, access codes and confidential numbers or any other codes that keep the integrity of your "ADVANCED ELECTRONIC SIGNATURE" or your registration to access the "SITE".

The "USER" is responsible for protecting and safeguarding the "PRIVATE KEY", personal passwords, access codes, confidential numbers or any other code necessary to preserve the integrity of the "ADVANCED ELECTRONIC SIGNATURE" as well as the password or private keys to access the "SITE ”.

"CONTRACTUALIS" will not be responsible for damages that the "USER" may suffer due to providing inaccurate or erroneous information, derived from the omission, distraction or typographical error at the time of registration, providing electronic documents or any other related to the "SERVICES" or when using the "SITE".

Despite the foregoing, "CONTRACTUALIS" will carry out the procedures that are within its reach, restoring the permanence, continuity, availability or operation of the "SITE" as soon as technically possible.

CHAPTER VI. "USER" MANIFESTATIONS.

The "USER", when registering on the "SITE", declares, under oath to tell the truth, that is at least 18 years of age or is of legal age in the corresponding jurisdiction, as well as states that is in full use of all related powers and rights and doesn’t  have any legal impediment to accept these Terms of Use; The "USER" acknowledges and assumes all the responsibility of any activity carried out with the “ACCOUNT” or through it and is aware of and accepts the conditions established in these Terms of Use and in the Privacy Notice.

Likewise, the "USER" declares under protest to tell the truth that both the "FIEL", as well as the personal data and/or documents that it has granted for its identification and registration in the cases thus required in the "SITE", are of its ownership, authentic and verifiable by "CONTRACTUALIS" or, where appropriate, by the competent authorities that, in accordance with the law, so require.

The "USER" states that these Terms of Use are clear and have fully understood their scope.

The "USER" has received clear information regarding the "SERVICES" offered by "CONTRACTUALIS", as well as the operation of the "SITE", and is able to access the FAQ´s section, or in any case contact our customer service staff to clarify and detail such information.

The "USER" accepts the responsibility and voluntary use of the "SERVICES", freely adopting the subscription of electronic documents through the "SITE" or the interface made available by "CONTRACTUALIS".

That the Privacy Notice and other documents or information of "CONTRACTUALIS" related to the "USER" as well as the communications that are delivered or exchanged between "CONTRACTUALIS" and the "USER" form an integral part of these Terms of Use.

In the event that the "SERVICES" are used on behalf of a legal entity or another natural person, it must be done through a "USER" with legal powers or power of attorney, using the "DIGITAL SIGNATURE" or "FIEL" of the representative "USER"; doing this, the representative "USER" states and declares that the legal powers or powers of attorney that were granted to the latter, have not been limited or revoked and that the represented legal entity or natural person accept all the scope of these Terms of Use.

The "USER" acknowledges that not all the "SERVICES" are available in all geographic areas and that some of the "SERVICES" can only be used after their contracting, activation or prior registration by the "USER" and/or through the payment of these.

That these Terms of Use clearly stipulate the rights and obligations of the "USER" and "CONTRACTUALIS", derived from the use or provision of the "SERVICES", governing the contractual relationship by the total content of this instrument, regardless of their order or division into chapters.

CHAPTER VII. AUTHORIZED USES AND "USER" RESPONSIBILITY.

The "USER" undertakes to use the "SERVICES" for lawful purposes, without violating good customs, the rights of third parties, the rules of use and coexistence on the Internet, international laws, the laws of the United Mexican States and the current legislation in the country in which the “USER” is located when accessing the “SITE” and using the “SERVICES”.

The registration generated by the "USER" when making use of the "SITE" and from it being able to make use of the "SERVICES" of "CONTRACTUALIS", is and must always be of a personal and non-transferable nature, for which the "USER" may not sell or assign the use of it to third parties, and you are entirely responsible for the legal consequences that the infringement of this term entails.

The content of any "ELECTRONIC DOCUMENT" that "CONTRACTUALIS" receives through the "SITE", is the sole responsibility of the "USER", as well as the rights and obligations contracted by the formalization of legal acts through the use of the "SERVICES", freeing "CONTRACTUALIS" from any related liability.

The use given to the "SERVICES" is the responsibility of the "USER", commiting to use them in accordance with these Terms of Use and the functionalities that are offered and allowed in the "SITE".

The "USER" agrees not to use devices, software, or any other means tending to interfere in the activities and/or operations of the "SITE", in the databases and/or information contained therein.

The "USER" does not have the right to place hyperlinks within the "SITE", to use the links of the "SITE", nor the right to place or use the "SERVICES" on other sites without authorization prior and in writing of "CONTRACTUALIS". The "USER" may not prevent any other "USER" from using the "SITE" or the "SERVICES".

The "USER" undertakes to pay "CONTRACTUALIS" the remuneration established in accordance with this instrument for the execution of the "SERVICES", in the times and means of payment established for that purpose.

CHAPTER VIII. REMUNERATION. 

"CONTRACTUALIS" offers a free registration service, which is followed by the choice of the amount of "TOKEN" and "STORAGE" that best suits the "USER", thereby having access to different "SERVICES" at their availability, in accordance with the amount of "TOKEN" acquired or of the "PACKAGE" contracted.

Therefore, as remuneration or consideration for the "SERVICES" provided through the "SITE" and object of this agreement, "CONTRACTUALIS" charges the "USER" different rates, which are established in accordance with the sum of "TOKEN" purchased or with the "PACKAGE" and/or the "STORAGE" plan that is contracted, which gives you the power to sign through the use of the  "DIGITAL SIGNATURE" or the “FIEL” and/or stamp the "TIME STAMP" and the "DIGITAL TIME STAMP" to any "ELECTRONIC DOCUMENT" in exchange for each "TOKEN".

Each "TOKEN" will have a unit price in accordance with the provisions of the following link: https://contractualis.com/token-packages 

The acquisition of "TOKEN" may be individually, for a personalized amount or through a "PACKAGE", for which the price will be determined according to the volume of "TOKEN" acquired, as indicated in the link contained in the previous paragraph.

To have access to the "SERVICES", the "USER" must buy, within the "SITE", a certain amount of "TOKEN"; each "PACKAGE" is different from each other, including but not limited to, in price, available functionalities, among other characteristics.

"CONTRACTUALIS" may make changes to the cost of the "TOKEN", the "PACKAGES" and the "STORAGE" plans offered, without prior notice.

"CONTRACTUALIS" reserves the right to modify the scope of the "SERVICES" that may or may not include integration processes with any "USER" that requires, by virtue of the magnitude or frequency of use of the "SERVICES", particular agreements, same that will be adjusted to these Terms of Use and will be expanded or modified in the corresponding aspects by means of a notice made by the electronic means indicated by the "USER" for this purpose, instrument and means that will be considered suitable for such purpose.

The "USER" acknowledges that the charges made to debit or credit cards, as well as the payments made through SPEI (electronic transfer or cash payment using the receipt generated for it), due to the "SERVICES", will not be object of refunds and that when making said payments is subject to and accepts, without reservation, the Terms of Use and Privacy Notice of the service providers related to said payments.

To the extent permitted by applicable law, any payment made will not be refundable and no refunds or credits will be given by "CONTRACTUALIS".

CHAPTER IX. CONFIDENTIALITY.

"CONTRACTUALIS" will maintain and protect the information that is delivered or communicated by the "USER" confidentially, in accordance with the provisions of the applicable legal provisions in the United Mexican States and in these Terms of Use, for the above, it is obliged to take the necessary steps so that the people who, in their case, have access to the information due to or as a consequence of the "SERVICES", do not disclose it and that third parties outside the parties do not have access to it.

Notwithstanding the foregoing, "CONTRACTUALIS" will not be obliged to keep confidential any information that the "USER" provides that is public in any way or that should not be considered confidential in the aforementioned terms.

The information that is not of a confidential nature may be used, published, reproduced, disclosed, publicly communicated and transmitted by "CONTRACTUALIS" in accordance with the provisions of article 109 of the Federal Copyright Law and section I of the Article 76 bis of the Federal Consumer Protection Law.

CHAPTER X. COOKIES.

The "USER" who has access to the "SITE", agrees to receive the files transmitted by the "CONTRACTUALIS" servers.

For the above, the "COOKIES" are accepted automatically, the "USER" can change the configuration of the browser at any time.

If the "USER" decides to reject the "COOKIES", it is possible that certain sections of the "SITE" do not function optimally or even do not function at all.

CHAPTER XI. NOTICES AND NOTIFICATIONS.

Any notification, statement or notice made by "CONTRACTUALIS" will be made to the email address registered in the "ACCOUNT" of the "USER", likewise, any notification, statement or notice made by the "USER" will be made to the following email address: contacto@contractualis.com

The "USER" is responsible for keeping the email address and other personal identification and/or contact information updated and correct on the "SITE", freeing "CONTRACTUALIS" from any liability related to failure to update such registration information or deactivation or saturation of your registered email address.

The "USER" accepts that any information sent by "CONTRACTUALIS" that was not received because their registered email is incorrect, outdated, saturated or blocked, or the same have been filtered by the administrator of their accounts, will be considered as due and legally notified.

CHAPTER XII. INTELLECTUAL RIGHTS.

The rights of industrial and intellectual property, copyright, industrial property regarding the "SERVICES", the distinctive signs, designs and domains of the pages or the "SITE", as well as the rights of use and exploitation of these, including but not limited to, its disclosure, publication, reproduction, distribution and transformation, are the exclusive property of "CONTRACTUALIS" so that the "USER" does not acquire and may not acquire any intellectual property rights (Copyright or industrial property) by the fact of making use of the "SITE" and at no time will said use be considered as an authorization or license to use the "SERVICES" for purposes other than those established in these Terms of Use.

The "USER" agrees that the provisions established in the previous paragraph regarding the ownership of the rights of "CONTRACTUALIS", are also applicable to the rights of third parties regarding the "SERVICES" of the pages, domains or information presented or linked to the "SITE".

CHAPTER XIII. MODIFICATIONS.

"CONTRACTUALIS" has the right to modify these Terms of Use at any time. Consequently, the "USER" must carefully read our Terms of Use and Privacy Notice each time the "SITE" is used.

CHAPTER XIV. AGREEMENT TO ARBITRATE AND GOVERNING LAW.

The "USER" and "CONTRACTUALIS" agree that any dispute, claim, or controversy between them, arising in connection with or relating in any way to these Terms of Use, will be determined by mandatory final and binding individual (not class) arbitration.  The "USER" and "CONTRACTUALIS" further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. The arbitration shall be subject to the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The arbitration will be administered by the Centro de Mediación y Arbitraje (CANACO). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the UNCITRAL Rules. Any arbitration will be conducted in the Spanish language. Time for Filing: any arbitration against "CONTRACTUALIS" must be commenced by filing a request for arbitration within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. Seat of Arbitration: The seat of the arbitration shall be Mexico City. Place of Hearing: The location of any in-person arbitration hearing shall be Mexico City, unless otherwise agreed to by the parties. Governing Law: These Terms of Use (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of the United Mexican States. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall not be disclosed to any non-party. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms of Use and of any arbitration brought pursuant to these Terms of Use.

For the interpretation, compliance and execution of this agreement, the parties agree that the current and related laws of the United Mexican States will be applicable, unless by operation of law a different jurisdiction may correspond.

If any portion of these Terms of Use are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms of Use will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.

All rights reserved, on the "SITE".

Privacy Notice. In compliance with the Federal Law on Protection of Personal Data and its Regulations, we inform you that for the operations and activities carried out on this "SITE", the "USER" will be subject to the content of the Contractualis Privacy Notice, which is published for your consultation at the following link: https://contractualis.com/privacy-notice