These Terms of Service are effective as of December 1, 2018. Please read these Terms of Service carefully before using our service. These Terms of Service ("TERMS") govern your use of our service. If you sign up for a free trial of our service, these terms will also govern the free trial.

1. Introduction.

A. Geformas, (“Geformas”, “We,” or “Our”) provides its services, as defined below, to You through its website located at www.geformas.com.mx (the "Site") , subject to these terms.

B. Your access and use of the Site are conditioned on your full acceptance and compliance with these Terms and Conditions and this Website Privacy Policy, which are published on Geformas.com.mx and which are incorporated here by reference ("Privacy Policy Privacy"). The Terms of Service and Privacy Policy apply to all visitors, users, and others who access or use this website. By accessing or using this Site, you agree to be bound by these Terms of Service and Privacy Policy. If you do not agree to these Terms of Service and / or Privacy Policy or any part of them, you should not use this Site.

2. General.

A. These terms and conditions, together with the registration form, Price Terms, privacy policy and any other special terms applicable (hereinafter, the Terms) govern the provision of our services to You (hereinafter, the User or You ). The Privacy Policy, which explains how We collect and use Your personal data, can be found here.

B. Language of the Terms. These terms are available in the Spanish language.

3. Eligibility.

A. By using our Services (as this term is defined below), you agree that the information provided to Geformas is accurate, complete, and yours and within your right of use. (a) All registration information you send to Geformas must be true and accurate; (b) will ensure that such information is accurate and up-to-date; (c) You are at least 18 years of age and / or have full legal capacity to establish legally binding relationships; and (d) Your use of the Services does not violate any applicable law, regulation and / or the rules of your entity, company or organization.

B. If you register to use our Services for a legal entity, you have the authority and agree to these Terms on behalf of that entity. If you do not have such authority, or if you do not agree to these Terms, you must not accept them and you may not use the Service.

C. To be eligible to use the Service, you (are) must not be restricted from using the services or be prohibited from using a Geformas account (b) you are not a competitor of Geformas or are not using the Service for reasons that are in competition with Geformas (c) will not violate any rights of Geformas, including intellectual property rights, such as copyrights or trademarks.

4. The service.

A. Geformas is a social media and content marketing tool that helps create, organize, publish and promote content. Geformas provides a social media marketing tool for various social media sites (for example, Facebook, LinkedIn, Twitter, Pinterest, Instagram) through our Site (hereinafter the Services). The services include (a) the site (b) the Geformas website application (c) the Geformas mobile applications and (d) other services provided through the site according to the plan purchased, including personalized content (not limited to all software, data, text, images, Sounds, videos, gifs, advertisements and other templates available through the Site.

B. Any new features or packages, or changes to existing services, are also subject to these Terms. The availability of some New features may require the payment of additional fees and it is at the sole discretion of Geformas whether access to new features will require a new fee.

C. Our services are available to you for a fee (hereinafter, Payment Services). There are different subscription plans from which you can choose the appropriate option for your needs Geformas reserves the right to determine and change the scope of these subscription plans. n. The description of each of these subscription plans is available on our Site or can be provided at Your request by contacting our Support Team development@geformas.com.mx

D. Unless the User and Geformas agree otherwise in writing, Geformas does not undertakes no specific service or level of availability, response times to respond to or repair defects or other obligations related to the maintenance or maintenance of the Services. Although Geformas seeks to ensure that the Services are available and that support tickets are handled within a reasonable time, Geformas does not assume any obligation related to this document.

E. In particular, the User accepts that the Services may not be available from time to time due to planned interruptions of the service, for example, to develop the Services or repair a defect in them. In such event, Geformas will endeavor to provide advance notice, if possible, of such planned outages.

F. Any services offered by Geformas to you that are not included in the Services (including personalization, integrations or consultation work) will be charged separately in addition to your fees for the Services in accordance with the current Geformas price list in every moment.

5. Account registration.

You can subscribe to the Service with your personal or with the email of your business entity or with a personal Facebook account. By registering on the Site, You agree to provide true, accurate, current and complete information that may be requested on the Site, including but not limited to a valid email address and payment details for the service of your choice. You agree to periodically update such information to ensure its relevance and accuracy.

A. When creating an account, the Site requires a username and password to access the Site. The User's registered email address will be used as the username to access their account on the Site. The User can set the password at their sole discretion or receive it automatically when registering from the product demonstration. It is the responsibility of the user to change their automatically generated password. After registration, the User will be assigned an account on the Site. By completing the registration, you confirm that you have read and agree to abide by our Terms

B. The user is solely responsible for maintaining the security and confidentiality of their username and password, and for all activities and damages caused by storage inappropriate use of said data, its unauthorized use and the consequences that result or may have resulted from its use. use that way. In the event that the confidentiality of the User's username and password is infringed, and any unauthorized use of their username and password, the User must notify us immediately at development@geformas.com.mx

C. The User agrees not to allow the disclosure of your username and password to third parties, except Geformas, without our written permission. The User is fully responsible for the transfer of rights and access to his account on the Site to third parties. The user is responsible for all actions committed with the use of his account, username and password.

D. User accounts are personal and cannot be shared among several users unless this has been expressly allowed in the subscription plan purchased by the Geformas user. Geformas reserves the right to audit user accounts to ensure that the number and use of user accounts are consistent with the User's subscription plan and to ensure the accuracy of the service fees charged by Geformas. In the event that access to a single user account is allowed for several people under the corresponding subscription plan, said multiple or simultaneous number must not exceed the user number limits established in the subscription plan.

E. Furthermore, a single User only has the right to create a single user account for the Services, unless expressly stated otherwise. For example, users are expressly prohibited from creating successive user accounts to secure multiple free trial periods or to circumvent limitations on the number of social media accounts connected to a given Geformas account.

F. We reserve the right to block inactive and uncommitted user accounts at our sole discretion after 12 months from the last authorization of such account on the Site. Geformas will not be responsible for not providing the Services and access to the Site to Users whose account has been blocked.

G. If the User provides false or incomplete information or Geformas has reason to believe that the information they provided is false, inaccurate or deliberately false, Geformas has the right to unilaterally block the User's account, and denies their use of the Services and Site.

H. If it is suspected that the user has committed illegal actions, including, among others, the commitment to fraud with bank cards, the violation of the intellectual property rights of Geformas or third parties, the distribution of spam, malware and other acts that violate these Terms of use and / or applicable laws, Geformas may report such actions to the relevant authorities and / or block the account of said user.

I. Geformas will have the right to reveal the identity of the User to third parties, appealing that any material / content published by said Users in any way violates the intellectual property rights or the right to privacy of said third parties.

6. Test.

We offer a free trial of the service without payment (the Trial). The duration of the trial may be changed at our sole discretion and is specified on our Site.

A. In order to use the Service, you must register with our service for which you will pay a subscription fee for the use of the Service after the expiration of any Free Trial. We will request your payment details at the end of the Trial. When you continue services, you will be automatically charged the day after the trial ends, on a monthly basis, unless otherwise noted. By providing Your payment details at the end of the Trial, You agree to continue using the Service for a fee until a written termination notice is provided. If You do not provide Us with Your payment details, the trial version of the service will automatically expire. In the event that the payment cannot be processed, your subscription will automatically expire.

B. Each user is only entitled to one free trial period. A User may not create, or cause multiple or successive user accounts to be created to enjoy several free trial periods as provided in Section 5 E.

7. Fees and payment

A. Paid services are available by subscription. Fee amounts are specified on our Site and must be accepted by You prior to using a Paid Service. Said payment terms are an integral part of these terms. The fee amounts on the site do not include taxes and service fees which will be paid at the user's discretion. Geformas reserves the right to convert any part or free feature of the free Services into a paid Service, and vice versa. Geformas can change the rates of payment services at any time with 30 days in advance. In the event that you continue to use the Services after such change, it will be considered that you have accepted the change in question.

B. Fees are paid in advance of the Services. Geformas currently uses PayPal and may use other payment service providers to handle all payments. Geformas is not responsible for the processing of your payments and will not be responsible for any matter related to the processing of your payments.

C. Services are available on a pay-as-you-go basis and are charged at the beginning of the chosen subscription period (generally monthly or yearly). Unless you cancel your subscription before the expiration of your current subscription period, we will automatically renew your subscription based on the renewal cycle of your plan and charge your credit card the applicable renewal subscription fees. Subscriptions must be canceled at least 3 days before expiration to avoid automatic renewal.

D. Authorization to charge your credit card. By becoming a subscriber to the Service and submitting your credit card information to Geformas, you authorize Geformas to store your payment card information and to load the billing source that you have provided for your account according to the subscription plan that selected until your account is canceled.

E. Overdue or Denied Charges. If you do not pay your subscription fee on time, or if your credit card payment information is entered by mistake or not processed and you do not update the payment information at our request, your full subscription may be blocked or canceled if Geformas does not You receive payment due within 14 days of being sent a reminder of the overdue payment / transaction declined. Once your subscription ends, we will keep your current account settings on file for 90 days. After that time, Geformas reserves the right to remove such configurations from our servers without ANY liability or notice to you.

8. Cancellation and Termination.

A. You can cancel Your subscriptions for Services at any time; however, to cancel a subscription, you must send a written notice of cancellation to development@geformas.com.mx. You are not entitled to any refund for fees paid to Geformas, but you will retain access until the end of the billing period and you will not be charged again.

B. If your account is terminated, Geformas reserves the right to delete your account information along with any account settings from our servers without liability or notice to you. Once your account information is deleted, you will not be able to get it back. By deleting Your account, these Terms are terminated and Your rights to access the Services immediately cease to exist.

C. Geformas may suspend or block your account without prior notice if you breach the Terms or if your actions when using the Service or your User Content (as defined below) violate the law (including but not limited to personal data) . legislation, intellectual property rights of third parties, laws against pornographic or defamatory material) or good business practices, or if your User Content or actions lead to third party claims against Geformas. In such case, Geformas reserves the right to (i) modify or interrupt, temporarily or permanently, the Service (or any part of it) and (ii) reject any / all current and future use of reproduction, suspend or cancel your account or any part of it (or Your use of the Service), and delete and discard any of Your content within the Service. In the event We decide to cancel or suspend Your account and / or subscription below, We will have no obligation to refund any payments You have made for the Services.

D. Geformas may, in any case, terminate these Terms and your right to access and use the Services through termination without cause, giving you thirty (30) days' written notice, in which case, your right to access to the Services will cease. at the end of your current subscription period, paid. Geformas will use reasonable efforts to contact you directly by email to warn you prior to the successful suspension, cancellation or termination of your account.

E. Upon termination or expiration of your account for any reason, your right to access the Services will terminate immediately.

9. User content.

Any content that you store or publish through our Service (hereinafter User Content) will remain yours. User Content can be, for example, texts, images, reviews, campaigns created and uploaded by you. User Content is not content that you received or used from the Geformas libraries or through the Geformas Service in any other way. A. You hereby grant us a limited worldwide license to use, access, copy, modify, distribute, reproduce, transmit, reformat, edit, translate, make derivative works, publicly display, and publish User Content to the extent required by Us to provide services to You. The license you grant us is non-exclusive, fully paid, royalty-free, transferable, and licensed.

B. You are solely responsible for your User Content and are responsible for the consequences derived from or related to the publication or transmission of such content. By posting or transmitting your User Content, you confirm that you have the right to post or transmit such User Content and that such actions do not violate these Terms, applicable law, or the intellectual property rights of third parties. You must ensure that no private content is accidentally made public.

C. If you use our Services to carry out promotional campaigns, contests or the like, you are solely responsible for ensuring that the performance of such activities complies with all applicable laws and regulations of the relevant social media provider.

D. Geformas does not monitor User Content. You are solely responsible for the compliance of your User Content and the activities of the terms of the corresponding social media service providers.

E. However, without assuming any obligation to do so, Geformas may remove any User Content or suspend or terminate your user account with us at its sole discretion. Geformas can take such actions without prior notification to the User.

F. Geformas has no obligation to keep backup copies of User Content once your account or User Content has been removed or blocked for any reason. We do not guarantee that User Content will be stored securely. To be safe, you should make a separate backup copy of your User Content, to the extent permitted by this document and applicable laws and regulations.

10. Prohibited activities.

You are NOT permitted to do the following:

I. Use the Services for illegal, harmful, deceptive, fraudulent or other malicious purposes or to post or communicate any illegal, defamatory, violent, harassing, sexually explicit or otherwise objectionable content;

II. Transmit material or content that contains viruses or other malicious code, or content that infringes or may infringe the intellectual property or other rights of third parties;

III. Display, use or post the files you download from the Site (Files) in such a way that you can come to the conclusion that the model in the Files approves or endorses the elements or services of any company or trademark;

IV. Show a person depicted in the Archives in sensitive settings that could reasonably be considered offensive or unflattering to that person (for example, related to mental and physical impairments, sexual or implied activity or sexual preferences, crime, physical or mental abuse or ailments) ;

V. Use the files for pornographic, illegal or immoral purposes; and / or use the Files on items or products that may embarrass or humiliate a person or model in the Files; SAW. Send unsolicited, intrusive messages, spam, "chain letters", and more. to Geformas and Users; VII. Carry out unauthorized actions for the collection, storage, use or disclosure of Users' personal information obtained by the User when using the Site or as a result of uploading Files or obtaining Services; VIII. Take any action that could lead to the responsibility of Geformas towards any party or that could cause the suspension or cancellation of the services offered by third parties to Geformas or the Users of the site;

IX. To interfere with the operation of the Site, the Services available on it and the accounts of other Users;

X. To register on the Site with another username and password, which is already a registered User of the Site;

XI. To attempt unauthorized access to the Site or the servers on which it is hosted, or any other server, computer or database, other equipment and technological tools related to the Site;

XII. To perform DoS attacks and DDOS attacks on the Site;

XIII. To take any other action, which may violate the provisions of these Terms of Use and / or applicable laws, on the Site.

The actions mentioned above can be classified as a crime that carries the punishment and sanctions provided by law. In the case of such violations, Geformas will be obliged to request the competent authorities to enforce its rights and interests, as well as the rights and interests of the Users of the Site.

In the case of the above actions, the right of said User to use the Site and the Services will be interrupted and Geformas will have the right to disclose the User's personal data and information to the authorities and competent persons as stipulated by the applicable laws.

11. Intellectual property.

A. The content provided through our Service, which includes all information, data, text, graphics, images, templates, sound files, software, advertisements and other material contained in the libraries, the website and the Service Geformas are owned by Geformas and / or its licensors, and will be the exclusive property of Us / such licensors (hereinafter, Geformas Content).

B. Geformas grants you a non-exclusive, revocable, personal license (unless otherwise indicated in the subscription plan) to access the Service and view, copy, print and publish the Geformas Content that is available through the Service during the period of your valid subscription. You may use such Geformas Content for your own use, but you may not edit or make derivative works of the Geformas Content, or reproduce, distribute or display it for any reason other than provided for in these Terms.

C. For the avoidance of doubt, you are not permitted to post or otherwise use any of the templates previously described in the Geformas library for any purpose other than the use of the Services. These Terms do not grant you any right to use the Geformas trademarks, logos, service marks, button icons, design, domain names, or other distinctive brand features, whether for commercial or non-commercial use, without express prior consent. by Geformas.

By accepting these Terms, you agree that the content of Geformas (for example, templates, texts, images and other material) is not exclusive to your company and may be used and published by other users as well.

In addition to the right to access and use the Services as expressly provided in this document, Geformas reserves all intellectual property rights to the Services that are not explicitly granted to you in these Terms.

Except as expressly permitted above, any use of any Geformas Content without Geformas' prior written permission is strictly prohibited and any use of Geformas Content that violates these Terms will terminate the license granted and Your agreement with us. To request permission to use Geformas content not included in this license, you can contact Geformas at the contact details provided below.

12. Privacy Policy

User privacy and the protection of user information provided to Geformas during the use of the Services is very important to Geformas. The processing of the user's personal data by Geformas is subject to the Geformas Privacy Policy.

13. Third Party Content.

A. Geformas, other users or third parties may provide content during the provision of Services or redirection to other websites ("Linked Sites"). Geformas expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of said Sites linked through the Services.

B. These linked sites are provided solely as a convenience to our users. Such linked sites are not under our control, and we are not responsible for or endorse the content of such linked sites, including any information or material contained on such linked sites.

C. You will need to make your own independent personal judgment regarding your interaction with these linked sites.

14. There are no guarantees

Geformas disclaims any and all warranties, express or implied, in relation to the Services. The Services are provided to you "as is" and "as available" and we make no guarantees, for example, as to the quality, fitness for purpose, non-infringement, completeness or accuracy of the Service. In particular, we do not guarantee that the Services will work with any user interface or browser, or with any network connection, particularly if the User does not have a sufficiently fast and reliable Internet connection, as well as a modern user interface and browser and updated. Regardless of our efforts to provide you with services of the highest quality, security and protection, we make no guarantee that the Services will be uninterrupted, timely or error-free or that defects will be corrected. Geformas does not guarantee that the collection, transmission and storage of personal data are secure at all times.

Geformas reserves the right, periodically and at any time, to modify or interrupt, temporarily or permanently, the functions and characteristics of the Services, all without your responsibility for any interruption, modification or interruption of the Services or any function or characteristic. thereof. Reasonable advance notice of the interruption of the Services will be provided when possible. Geformas is not responsible for any difficulties in the operation or use of the Services caused by the web hosting service provider, social media service provider, your internet service provider or any other third party, unless required to do so. applicable law.

15. Limitation of liability.

To the maximum extent permitted by law, Geformas will not be liable for any damage or loss of earnings resulting from your use or inability to use the Services or any unauthorized access or interruption, alteration, loss or deletion of your Content or data. of user.

Furthermore, Geformas will not be liable in any case for indirect, consequential or punitive damages. In any case, the aggregate responsibility of Geformas is limited to the amount that the User has paid Geformas for the Services during the twelve (12) months immediately prior to the month in which the event that gave rise to the responsibility of Geformas occurred.

16. Indemnification.

You agree to indemnify, defend and hold Geformas and its third-party service providers harmless from any claim, demand, loss, damage, cost, or liability (including reasonable attorney's fees) arising out of or related to any User Content . You send, transfer or make available through the Services, or promotional campaigns or contests organized or created by You, or through your misuse of the Services; Your breach or alleged violation of any of these Terms and your violation of any right (including intellectual property rights) of a third party.

17. Modification of the Terms.

Geformas reserves the right to modify any part of the Terms at any time. Geformas will provide you with 30 days notice of such changes. The User is responsible for reviewing the Terms. By continuing to use, you accept and accept the modifications and modifications.

18. Applicable law and dispute resolution

The Terms are governed by the laws of the United States of Mexico without taking into account the rules on conflict of laws. Any dispute arising out of or in connection with these Terms will be finally resolved by the Court of Monterrey, Nuevo León, Mexico, unless required by mandatory law.

The law in your country of residence may provide consumers with rights in conflict with the provisions of these Terms. In such event, the mandatory provisions of the law supersede the conflicting provisions of these Terms. For more information on your rights as a consumer, contact your local consumer advice organization.

19. Final Provisions

These Terms, together with the registration form, the Price Terms, the Privacy Policy and any other applicable special terms constitute the entire agreement between You and Geformas with respect to the object of these Terms, and supersede and replace all previous agreements, written or oral, applicable to the object of these Terms. If any provision of these Terms is considered null, invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this document will not be affected or harmed.

Geformas may assign any or all of its rights under this document to any party without your consent. Please send all notices of these Terms to Geformas at the email address listed below.

Contact information:

Geformas Tecnología y Consultoría, SA de CV

Joaquín García 307, Col. Buróucratas del Edo.,

Monterrey, Nuevo León CP 64380

Email: desarrollo@geformas.com.mx

Last revision November 2018