TERMS AND CONDITIONS OF MR. WELLICK
Use of the MR. WELLICK System and/or Application
This document (along with the documents referenced within it) sets forth the terms and
conditions under which the MR. WELLICK system and/or application may be used. Please read
these terms and conditions carefully before accessing, downloading, or using any information,
data, text, images, video, audio, or any other material or services available or generated,
published, or uploaded on the MR. WELLICK system and/or application.
The user indicates acceptance of these terms and conditions and agrees to comply with them.
Your access to and use of the MR. WELLICK system and/or application constitutes acceptance
of these terms, which take effect on the date you access or browse MR. WELLICK.
1. Scope
1.1 The use of the MR. WELLICK system and/or application is subject to: 1) the terms set forth
below, any additional instructions or terms that appear on MR. WELLICK, including the privacy
and cookies policy available electronically here concerning the use of the system and/or
application services (collectively, the "system and/or application terms and conditions"); and 2)
the terms agreed upon between the parties, described as special terms applicable to the access
or use of the MR. WELLICK system and/or application or the services of the system and/or
application in particular ("Special Terms").
1.2 The system and/or application terms and conditions set forth the terms under which the MR.
WELLICK system and/or application provides access to the user and will apply to: the User.
1.3 Subject to the platform's terms and conditions, the MR. WELLICK system and/or application
agrees to allow the registered User to use the login details, Content, and Services of the system
and/or application as agreed upon by the parties.
2. Definitions and Services
â—Ź MR WELLICK., the owner of the proprietary rights and administrator of the system
and/or application, hereinafter referred to as the MR. WELLICK system and/or
application.
â—Ź "Content" means any information, data, text, images, video, audio, or any other material
available on the MR. WELLICK system and/or application.
● “Platform Services” means any service or facility requested, available, or received
through MR. WELLICK.
● “User” means a person who has the right to use something belonging to someone else
with certain limitations.
â—Ź Types of Users:
â—Ź Administrator User: Authorized to delete or edit any record in the MR. WELLICK
system and/or application.
â—Ź General User: A person created by the Administrator User, authorized to delete
or edit any record in the UXBI system and/or application, only when permitted by
the role assigned by the Administrator User.
● “User Materials” means any information, data, or other content or materials posted or
uploaded by a User to MR. WELLICK.
● “MR. WELLICK” specifically refers to the MR. WELLICK system and/or application, a
software to help content creators to organize the content.
3. Authorization to Use MR. WELLICK Service Subscription
Service Subscription: The MR. WELLICK system and/or application hereby grants, and the
user accepts, to be subject to the terms and conditions of this contract, a limited, revocable,
non-exclusive, non-transferable subscription that cannot be sublicensed to third parties by the
user to use the technology of MR. WELLICK and the related technical documentation within the
authorized territory for that MR. WELLICK technology. Furthermore, the contractual relationship
between MR. WELLICK and the user is perfected upon the user’s use of the service.
3.1 User Obligations: - MR. WELLICK Materials and Software
1. The user may not sublicense, disclose, or transfer MR. WELLICK materials to third
parties without the written consent of MR. WELLICK, nor to its employees and/or agents,
representatives, or dependents.
2. The user agrees not to modify (nor make corrections to the Software), reproduce, rent,
lease, lend, record, distribute, redistribute, resell, or otherwise dispose of MR. WELLICK
Materials or any part of them without the consent of MR. WELLICK, and hereby waives
the rights granted in that regard by applicable laws. The user agrees not to make copies
of the Software.
3. The user acknowledges and agrees that their access and use are subject to the terms of
this Agreement and any future modifications made through the MR. WELLICK system
and/or application.
4. The user will only use the materials contained in the MR. WELLICKsystem and/or
application for personal and non-commercial informational purposes and will not modify
any of the materials contained in the MR. WELLICK system and/or application.
5. The user agrees to comply with all local, state, national, and international legal
provisions and is solely responsible for all actions or omissions.
6. Additionally, the user will have the following obligations:
a. Do not use the MR. WELLICK system and/or application in connection with chain
letters, spam emails, unsolicited advertising emails, or any duplicative or
unsolicited messages (commercial or otherwise);
b. Do not collect, compile, or disseminate information about third parties, including
email addresses, without consent;
c. Do not create a false identity or a fake email address or header, nor attempt to
deceive others about the sender's identity or the origin of a message;
d. Do not transmit through the MR. WELLICK system and/or application, any illegal,
harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive,
or otherwise objectionable materials;
e. Do not transmit any material that may infringe upon intellectual property rights or
other rights of third parties, including, without limitation, trademarks, trade
secrets;
f. Do not transmit any material that contains viruses, trojans, worms, time bombs,
cancelbots, or any other harmful or destructive programs;
g. Do not obtain or attempt to obtain unauthorized access to the MR. WELLICK
system and/or application, or other accounts, computer systems, or networks
connected to the MR. WELLICK system and/or application through illegal
password searching or any other means;
h. h. Do not interfere with another member’s use and enjoyment of the MR.
WELLICK system and/or application.
i.
7. By posting or submitting content to the MR. WELLICK system and/or application, you
automatically grant MR. WELLICK the right to use, reproduce, display, exhibit, adapt,
modify, distribute, or promote the content in any way and for any purpose related to the
services offered by MR. WELLICK. You also agree and warrant that you have the
necessary ownership rights or control over such content and that the publication and use
of the content by MR. WELLICK does not infringe or violate the rights of any third party.
You agree and confirm that you are responsible for all content you post or submit.
3.2 Obligations of the Provider Known as MR. WELLICK:
1. It is MR. WELLICK.'s policy to respect the privacy of users of the MR. WELLICK system
and/or application. Therefore, it adheres to the privacy policies presented in the "Privacy
Policies" and "Privacy Notice" sections.
2. All trademarks, service marks, and/or trade names appearing on the MR. WELLICK
system and/or application that are not trademarks of MR. WELLICK are trademarks of
their respective owners. Mentions of any third-party names, trademarks, products, or
services do not constitute or imply endorsement, promotion, or recommendation of those
third parties or their products or services.
3. MR. WELLICK may, without prior notice, suspend, disconnect, deny, or restrict your
access to the MR. WELLICK system and/or application in the following cases: a. During
a technical failure of the MR. WELLICK system and/or application, or during its
modification or maintenance; b. If the USER uses the MR. WELLICK system and/or
application in violation of any applicable regulations or these usage rules; c. If the USER
does anything or fails to do something that, in MR. WELLICK's opinion, could jeopardize
the operation or integrity of the MR. WELLICK system and/or application; d. If the USER
fails to make full or partial payment for the use of the system and/or application.
4. MR. WELLICK does not guarantee that the functions contained in the MR. WELLICK
system and/or application or any material or content will be free from interruptions or
errors, that all defects will be corrected, or that the MR. WELLICK system and/or
application or the server on which it operates is free from viruses or other harmful
components.
5. MR. WELLICK accepts no responsibility for any loss or damage (including, without
limitation, indirect, special, or direct losses or damages) resulting from the use of the
MR. WELLICK system and/or application, regardless of whether such losses occur due
to negligence or omission. If any law, regulation, or ruling implies that any term or
warranty cannot be excluded, MR. WELLICK’s sole responsibility will be, in the case of
goods or services, to either re-supply the goods or services or pay the cost of supplying
the goods or services again.
4. Ownership of Intellectual Property Rights
The user acknowledges and agrees that MR. WELLICK holds all proprietary rights to the MR.
WELLICK Materials and only MR. WELLICK has the right to grant a license and/or usage rights
to the user regarding the MR. WELLICK Materials. The user acknowledges that they have not
acquired, and will not acquire, any ownership rights to the MR. WELLICK Materials under this
Agreement. The user will not, at any time, nor will they knowingly allow third parties to perform
any act or thing that could, in any way, harm the rights of MR. WELLICK or its licensees over the
MR. WELLICK Materials.
The user also agrees that all resources of the MR. WELLICK system and/or application are
protected by the Federal Copyright Law and the Federal Law for the Protection of Industrial
Property, and agrees to respect all rights granted under these laws in favor of the authors and
MR. WELLICK.
4.1 Changes in MR. WELLICK Technology. MR. WELLICK may update, change, modify, or
supplement all or any of the MR. WELLICK Materials and/or MR. WELLICK Technology at any
time.
1. All MR. WELLICK systems and/or applications will receive source code updates related
to fiscal matters within their licensing.
2. For all MR. WELLICK systems that do not have a custom development package, any
improvements, such as a new module or functionalities generated in subsequent
versions, are included.
4.2 Suspension of Rights. MR. WELLICK. may suspend the user’s rights to access any part of
the MR. WELLICK systems and/or applications through MR. WELLICK Technology or as
deemed necessary at the sole discretion of MR. WELLICK. This may include, among other
things, (1) preventing access to any part of the MR. WELLICK systems and/or applications or
MR. WELLICK Technology that does not comply with the terms and conditions of this
Agreement; (2) correcting an error in the MR. WELLICK systems and/or applications or MR.
WELLICK Technology; (3) complying with any law, regulation, or rule, or a judicial or other
competent authority's order; (4) suspending the service due to the suspicion of the system
and/or application being used for illegal purposes; or (5) for non-payment.
5. Ownership of Intellectual Property Rights
5.1 The publication of the web system and/or application, the information it contains and
publishes, as well as the access and use of it, are governed by the laws of Mexico. Therefore,
MR. WELLICK and the USERS, by the mere fact of carrying out these actions, submit to
Mexican law and the jurisdiction of the courts of the first judicial district of the State of Jalisco,
waiving any other jurisdiction that may apply to them for any other reason.
5.2 Modification and Validity:
5.2.1 MR. WELLICK reserves the right to update or revise these terms and conditions without
prior notice; therefore, the USER should periodically review these terms and conditions to stay
informed of any changes. Continued use of this system and/or application after any changes
have been posted indicates that the user accepts those changes.
5.2.2 Validity Period: The validity of quotes that include implementation services and/or monthly
or annual licensing, as well as payment methods, will be subject to confirmation of acceptance
of the terms indicated in the commercial proposal of each project, whether through the user's
handwritten signature, electronic signature, or confirmation of receipt via email.
5.3 Hosting of MR. WELLICK Technology.
There is MR. WELLICK Technology that is hosted by MR. WELLICK, MR. WELLICK Affiliates,
or MR. WELLICK providers. The MR. WELLICK Technology is hosted on servers in various
countries where MR. WELLICK technology is hosted and has been programmed to be available
twenty-four (24) hours a day, seven (7) days a week (except when access is unavailable due to
maintenance); however, MR. WELLICK does not guarantee the availability of the hosted MR.
WELLICK Technology or that access will be uninterrupted and error-free. MR. WELLICK
reserves the right to occasionally interrupt, limit, or suspend the hosted MR. WELLICK
Technology for maintenance, updates, or similar purposes. The user agrees that neither MR.
WELLICK nor MR. WELLICK Affiliates shall be held responsible for any damages arising from
the interruption, suspension, or cessation of the hosted MR. WELLICK Technology, regardless
of the cause.
5.4 Termination.
Either party may terminate this Agreement, and MR. WELLICK may revoke any or all licenses
granted under this Agreement regarding MR. WELLICK Technology at any time and at its
convenience, by providing written notice to the other party. Notwithstanding the foregoing, this
Agreement will be terminated in the following cases without any further action by MR. WELLICK:
(1) breach of the provisions set forth in the Articles of the Federal Civil Code; (2) bankruptcy,
filing for bankruptcy, corporate reorganization, civil rehabilitation, composition, special
liquidation, or other insolvency proceedings affecting the User, or if a trustee, administrator,
receiver, or liquidator is appointed for the User, or if an order for liquidation is issued by a court,
or (3) dissolution of a company of which the User is a partner or dissolution of the Client or
Service Provider, if it is a company, (4) In the event that the User terminates this Agreement,
MR. WELLICK will not refund any amount previously paid.
5.5 Payment.
All fees and charges must be paid according to the due date indicated on the invoice or in the
commercial proposal. MR. WELLICK., as the administrator of the MR. WELLICK system and/or
application, reserves the right to temporarily or permanently suspend the service for
non-payment. If the user wishes to suspend their license or right of use and/or terminate the
contract definitively, they must notify MR. WELLICK 30 days in advance of the end of their
license so that their information can be provided in .csv files.
6. Intellectual Property Rights
6.1 All copyrights, database rights, patents, trademarks or service marks, product names, or
design rights (whether partially registered or unregistered), trade secrets, confidential
information, and any similar rights existing now or in the future in any territory ("Intellectual
Property Rights") and similar rights and interests in all domain names, trademarks, and logos
that appear in MR. WELLICK and all Content, or related to the structure of MR. WELLICK, are
owned by MR. WELLICK.
6.2 Users may use MR. WELLICK, the Content, and the Services of the system and/or
application only for the purposes reasonably anticipated by MR. WELLICK or as reasonably
expected in the course of their relationship with MR. WELLICK and in accordance with the
procedures in effect within MR. WELLICK system and/or application. Internal and External
Users may not: 1) use or allow another party to use all or part of MR. WELLICK , the Content, or
the Services of the system and/or application in connection with activities that violate relevant
laws, infringe on third-party rights, or breach applicable standards, content requirements, or
codes; 2) publish, upload, temporarily store (if such a facility is provided), or transmit through
MR. WELLICK any information, materials, or content that may be or may encourage conduct
that could be illegal, threatening, abusive, defamatory, obscene, vulgar, discriminatory,
pornographic, profane, or indecent; 3) use MR. WELLICK for the purpose or as a means of
sending "flame" or "spam" emails.
6.3 The User will seek to waive any moral rights over any information, data, or other content or
materials published or uploaded at any time by the Individual User to MR. WELLICK("User
Materials"). The Individual User and the Registered User irrevocably authorize MR. WELLICK
and its subscribers to use any User Materials for all reasonable commercial purposes, including
but not limited to copying, amending, incorporating into other materials, publishing, or providing
to third parties (and allowing such third parties to use and sublicense the User Materials)
anywhere in the world. The Individual User and the Registered User agree to take any steps
(including completing any additional documents) that may be required in any jurisdiction to give
effect to this clause.
7. Warranty
7.1 MR. WELLICK will make every effort to ensure that the Services of the system and/or
application are available to the Registered User through MR. WELLICK and to ensure that the
Services of the system and/or application operate in substantial conformity with its description
and any description appearing on MR. WELLICK.
7.2 MR. WELLICK will make reasonable efforts to ensure that the Content accurately reflects:
(1) the relevant part of the records of MR. WELLICK located on MR. WELLICK computer
systems; or (2) information received from a party other than MR. WELLICK.
7.3 MR. WELLICK does not guarantee that the Content is accurate, sufficient, free from errors,
complete, or up-to-date at the time of access. The User should make further inquiries to ensure
the accuracy and completeness of any Content before relying on it.
7.4 The Internal and External User is responsible for the accuracy and completeness of the
User Materials. The Internal and External User will ensure that the User Materials do not infringe
any Intellectual Property Rights or other third-party rights, and are not defamatory, illegal,
immoral, or otherwise violate or infringe any rights or requirements or lead to a claim for loss or
damage by third parties. The Internal and External User will indemnify and hold harmless MR.
WELLICK and its affiliates, associates, and agents against any claims, losses, actions,
proceedings, damages, or other liabilities (including damages or compensation paid by MR.
WELLICK to settle or resolve a claim) and all legal and other expenses incurred by MR.
WELLICK or its affiliates and associates as a result of any actual or potential breach of this
clause.
8. Errors
8.1 MR. WELLICK does not guarantee that access to MR. WELLICK will be uninterrupted,
timely, or error-free. Access to MR. WELLICK may be suspended or withdrawn from individual
Users or Registered Users temporarily at any time and without prior notice. MR. WELLICK may
also impose restrictions on the length and manner of use of any part of MR. WELLICK for any
reason.
8.2 MR. WELLICK does not guarantee that MR. WELLICK will be compatible with all hardware
and software that individual users may use. MR. WELLICK will not be responsible for any
damage or viruses or other code that may affect any equipment (including, but not limited to,
mobile devices), software, data, or other property as a result of downloading, installing,
accessing, or using MR. WELLICK by users or any materials obtained from or as a result of
using MR. WELLICK. Additionally, MR. WELLICK will not be liable for the actions of third
parties.
8.3 Except as stated in the terms and conditions of the platform, MR. WELLICK will not have
any liability for the breach of any implied warranty, term, or condition that might otherwise apply,
including (but not limited to) with respect to the operation, quality, or fitness for purpose of MR.
WELLICK or any Content, User Materials, or Service, or the exercise of reasonable skill and
care.
8.4 The MR. WELLICK system and/or application is independent of any platform on which it is
hosted. MR. WELLICK is not associated, affiliated, sponsored, endorsed, or connected in any
way to any platform operator, including but not limited to Apple, Google, Android, Chrome, etc.
(each being an "Operator").
9. Hyperlink Platforms
MR. WELLICKmay contain certain links or references to websites operated by third parties. MR.
WELLICK makes no warranties or representations of any kind regarding any third-party system
and/or web application that a Registered User or Individual User may access through the MR.
WELLICK system and/or application, or that a Registered User or Individual User may use or
access to enable access to or use of the MR. WELLICK system and/or application and any of its
content or platform services. Any such system and/or web application is completely separate
and independent from the MR. WELLICK system and/or application, and MR. WELLICK has no
control over the content or operation of such system and/or web application. MR. WELLICK
does not endorse any third-party system and/or web application and accepts no responsibility
for the existence, operation, content, or use of such system and/or web application.
10. Liability
10.1 The total liability of MR. WELLICK, its affiliates, associates, and agents, including MR.
WELLICK, to the User, and any person acting on their behalf, regardless of what arises from or
in connection with the terms and conditions of the system and/or application and/or MR.
WELLICK, the Services of the system and/or application, or the Content (even in relation to
negligence), collectively, with respect to any claim or series of related claims arising from the
same cause in any calendar year, shall not exceed USD $500.00 (Five Hundred United States
Dollars).
10.2 The Administrator User shall ensure that no claims exceeding the total liability limit
established in clause 10.1 are made against MR. WELLICK, its affiliates, associates, or agents.
10.3 The Administrator User is advised to obtain, if deemed appropriate, insurance coverage at
their own cost, particularly for any loss exceeding the limit set forth in clause 10.1.
10.4 The Administrator User shall indemnify and hold harmless MR. WELLICK, its affiliates,
associates, and agents against any claim, loss, action, proceeding, damage, or other liability
(including damages or compensation paid by them to settle or resolve a claim), and all legal
costs or other expenses suffered by MR. WELLICK, its affiliates, associates, and agents arising
from any actual or potential breach by the Administrator User or any Individual Users of any
duty or obligation (including negligence) owed by the Administrator User or any Individual Users
to MR. WELLICK or its affiliates, associates, or agents related to the terms and conditions of the
Platform, MR. WELLICK, the Services of the Platform, the User Materials, or the Content.
10.5 Nothing in these terms and conditions of the system and/or application shall exclude or
limit liability for death or personal injury resulting from negligence or fraud by MR. WELLICK.
10.6 Except as provided in these terms and conditions of the platform, MR. WELLICK, its
affiliates, associates, and agents shall have no liability regarding login details, the Services of
the platform, the content, the User Materials, or MR. WELLICK, regardless of what arises
(including, without limitation, under any implied warranty, condition, or term).
11. Termination and Suspension
11.1 MR. WELLICK may modify the terms and conditions of the system and/or application at
any time. Additionally, MR. WELLICK may (at its discretion) terminate all or part of the access or
use of any individual User and/or Registered User of MR. WELLICK, the Platform Services, the
Content, and the Login Details:
Immediately upon written notice if: a) the Individual User or External User fails to make
any payment within the first 7 business days following MR. WELLICK's notice; service
will be suspended; b) the Individual User or External User substantially or persistently
breaches any provision of any part of the terms and conditions of the system and/or
application and, in the case of breaches that can be remedied, does not resolve such
breach within 7 days following request; or c) in relation to the Registered User, an order
is made or a resolution is adopted for its dissolution or if an order is issued for the
appointment of an administrator to manage its affairs, business, and property or if a
judicial administrator is appointed over any of its assets or enterprises or if
circumstances arise that entitle a court or creditor to appoint a judicial administrator or
provisional administrator or liquidator or if a court is entitled to issue a liquidation order in
relation to it or if it enters into any other formal or informal insolvency process in any
relevant jurisdiction; or 11.1.2. By giving written notice with 14 days' advance notice.
11.2 The User may terminate their agreement with these Platform terms and conditions, the
system and/or application Services, and their use of MR. WELLICK: 11.2.1. Immediately upon
notice if: a) MR. WELLICK is in material or persistent breach of any provision of the system
and/or application terms and conditions and, in the case of breaches that can be remedied,
does not resolve such breach within 7 days of the request; or 11.2.2. By giving written notice
with 14 days' advance notice.
11.3 Termination of all or part of the agreement between MR. WELLICK and the Registered
User will automatically terminate the relevant part of the agreement between MR. WELLICK and
the Individual Users.
11.4 MR. WELLICK may suspend part or all of the access to or use of MR. WELLICK, the
Content, the Platform Services, the User Materials, or the Login Details for routine, non-routine,
or emergency scheduled or unscheduled maintenance or for any other reason that MR.
WELLICK reasonably considers necessary. In the case of such suspension, MR. WELLICK,
when reasonably possible, will make all reasonable efforts to notify the suspension through MR.
WELLICK.
11.5 Termination of these system and/or application terms and conditions will not affect the
parties' rights and remedies accrued before termination, nor will it affect any provisions intended
to survive after termination.
12. Miscellaneous
12.1 If a conflict arises between: (a) these system and/or application terms and conditions and
the MR. WELLICK Privacy Policy, the MR. WELLICK Privacy Policy will prevail to the extent of
that conflict; and (b) these system and/or application terms and conditions and any Special
Terms, those Special Terms will prevail to the extent of that conflict.
12.2 The information that the user inputs into the system and/or application is the sole
responsibility of the User. The system and/or application, MR. WELLICK, and MR. WELLICK
disclaim any liability for misuse or false or erroneous information provided by the user.
12.3 The use of the login details for the MR. WELLICKsystem and/or application, the system
and/or application Services, or the content may be subject to certain legal or regulatory
requirements in specific jurisdictions. The User may only access or use the login details, system
and/or application services, or content to the extent that such access or use is permitted in the
jurisdiction in which they are accessing.
12.4 The MR. WELLICK system and/or application may modify the system and/or application
terms and conditions at any time (including adding new products, content, or system and/or
application services or changing fees, rates, or charges for its use) without prior notice. Subject
to the right of termination under clause 5.4, the change will take effect on the expiration date of
the notice. Exceptionally, MR. WELLICK may provide a shorter notice period (except for any
change in fees, rates, or charges) as it reasonably considers necessary for the effective
operation of MR. WELLICK or the system and/or application Services (in which case the
Administrator User will have the right to terminate the use of the platform Services, MR.
WELLICK, and/or its Login Details with immediate effect by written notice at any time during
such notice period).
12.5 MR. WELLICK and its affiliates, associates, and agents will not be liable for any loss
(including, but not limited to, loss of profits), damage, delay, or failure to fulfill any of their
obligations under the system and/or application terms and conditions caused in whole or in part
by the action of any government or governmental agency, natural occurrence, law or regulation
(or any change in its interpretation), court order, currency restriction, sanction, exchange control,
industrial action (whether involving its staff or not), war, terrorist action, equipment failure, power
supply disruption, or any other cause beyond their reasonable control.
12.6 The system and/or application terms and conditions replace all previous agreements,
communications, representations, and discussions between the parties concerning MR.
WELLICK. Unless expressly stated otherwise, no party will have any claim against MR.
WELLICK or its affiliates, associates, or agents arising from any previous agreement,
communication, representation, or discussion regarding MR. WELLICK (except in the case of
fraudulent misrepresentation). The User acknowledge that they have not relied on any terms,
warranties, representations, or conditions other than those expressly set forth in the platform
terms and conditions. No modification or waiver will be binding on MR. WELLICK unless it is in
writing and agreed upon by an authorized representative of MR. WELLICK.
12.7 References in the system and/or application terms and conditions to "written" or "in writing"
include communication by email or other electronic form. References in the system and/or
application terms and conditions to the singular include the plural and vice versa.
12.8 Each provision of the system and/or application terms and conditions is severable from the
others, and if one or more of them are invalid, illegal, or unenforceable, the remainder will not be
affected in any way.
12.9 The user may not assign this Agreement or any of the rights, licenses, or obligations under
it to any other person or entity.
12.10 MR. WELLICK may assign, delegate, or transfer in whole or in part this Agreement or any
of the rights under it to any member of the MR. WELLICK Parties without requiring the user to
grant any approval or consent in that regard. For this purpose, "Assignment" shall include, by
way of example and without limitation, the merger or sale of all or substantially all of the assets
of the assigning party or the transfer of this Agreement or any part of it by operation of law or
other reason, or the sale or other transfer of thirty percent (30%) or more of the voting stock or
the equity or control of the assigning party. In the event of an authorized Assignment, the
Agreement will be binding on each of the parties and their respective legal successors and
authorized assignees, and will benefit all of them.
12.11 MR. WELLICK may assist or cooperate with authorities in any jurisdiction regarding any
request or order to disclose personal or other information concerning any Internal or External
User or the use of MR. WELLICK, the Content, or the Platform Services.
12.12 MR. WELLICK may process any personal information it receives from the Internal and
External User in connection with the terms and conditions of the Platform for the purpose of
providing MR. WELLICK and the Platform Services. Such processing may take place in
countries outside the Mexican Economic Area. The Internal and External Users warrant that the
processing of such information by UXBI in accordance with the system and/or application terms
and conditions will not place MR. WELLICK in breach of any applicable law, including, but not
limited to, the FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA HELD BY
PRIVATE PARTIES or the terms and conditions of the Platform.
12.13 The parties are independent, and nothing in this Agreement shall be interpreted as
creating an employment relationship or principal/agent, partnership, or joint venture between the
parties. Neither party has any right or authority to assume or create any liability or obligations,
express or implied, on behalf of or in the name of the other, or to bind the other in any way.
12.14 Neither party shall be liable for any breach of its obligations under this Agreement or for
damages or any other liability if such breach or liability is due to any cause beyond its
reasonable control, including but not limited to force majeure, strikes or labor disputes, labor
conflicts, emergency government orders, legal or governmental actions, emergency regulations,
sabotage, riots, vandalism, electronic failures, major hardware or software failures, delays in
equipment delivery, actions by third parties, or terrorist acts.
13. Privacy Notice
The Contributor acknowledges that the information provided through the "MR. WELLICK"
computing programs may contain Personal Data and/or Sensitive or Financial Personal Data,
which may be stored or processed by "MR. WELLICK" through automated files created for this
purpose.
In light of the above, the Contributor grants the necessary authorization for "MR. WELLICK" to
process such data as needed to provide the corresponding service for the issuance and
stamping of the CFDI, in the terms described in the Privacy Notice available on the MR.
WELLICK website.
14. Third-Party Authentication and Data Access
MR. WELLICK may use third-party authentication services, such as Google, to facilitate user
login and access to features, including but not limited to retrieving data from the YouTube
Analytics API. By using these services, you agree to grant MR. WELLICK access to certain
account information, subject to the respective third-party service's terms and privacy policies.
MR. WELLICK ensures that any data accessed through these services will be used solely for
the purposes of providing the functionalities of the application and will be handled in compliance
with applicable data protection laws. The user is responsible for managing their third-party
account settings and permissions.
15. Retention and Deletion of Google User Data
We are committed to handling Google user data responsibly and in compliance with Google’s
privacy and security policies.
1. Data Retention: We retain Google user data only for as long as necessary to provide
the services described in our application or to comply with applicable legal requirements.
This includes information needed for the functionality of our application and to fulfill our
contractual obligations.
2. Data Deletion: Users have the right to request the deletion of their Google user data at
any time. Upon receiving such a request, we will securely delete all associated data
within a reasonable timeframe, unless retention is required by law. To request data
deletion, users may contact us at [insert your support email] or use the automated tools
provided by our application.
3. Security Practices: We implement technical and organizational measures to ensure the
security of Google user data, preventing unauthorized access, alteration, or loss.