Terms and Conditions

1. Acceptance of Terms

By registering, accessing, or using the Genesis Business platform (hereinafter "the Platform"), the user (hereinafter "the Client") agrees to be bound by these Terms and Conditions. If you do not agree with any of these terms, you must not use the Platform. Continued use of the Platform constitutes acceptance of any modifications to these terms.

2. Description of Service

Genesis Business is a software-as-a-service (SaaS) platform that offers business management tools, including but not limited to:

• ERP System: Point of sale, inventory, customers, invoicing, accounting, payroll, and reports
• Digital Marketing: Campaign management, metrics, and performance reports
• Web Development: Website creation and management
• Design and Branding: Brand management and design requests
• AI Automation: Virtual assistants, chatbots, and process automation

Available modules and features depend on the subscribed plan. Features marked as "Coming Soon" are under development and do not constitute a commitment to deliver by a specific date.

3. Registration and User Account

To use the Platform, the Client must create an account by providing truthful, complete, and up-to-date information. The Client is responsible for:

• Maintaining the confidentiality of their access credentials
• All activities that occur under their account
• Immediately notifying any unauthorized use of their account
• Ensuring that users added to their organization comply with these terms

Genesis Business reserves the right to suspend or cancel accounts that violate these terms or that show suspicious, fraudulent, or illegal activity.

4. Plans, Pricing, and Billing

The Platform offers different subscription plans with varying levels of functionality, user limits, and branch limits. Published prices are expressed in Mexican Pesos (MXN) and include VAT where applicable.

• Charges are made in advance according to the selected billing period (monthly, quarterly, semiannual, or annual)
• Payments are processed through Stripe, a PCI DSS certified payment processor
• Subscriptions automatically renew at the end of each billing period
• Prices may be modified with at least 30 calendar days prior notice
• Promotional offers and discounts are valid only during the specified period and are not combinable

In case of payment failure, Genesis Business will attempt to process the payment again. If payment is not completed within a reasonable grace period, access to the Platform may be suspended until payment is regularized.

5. Free Trial Period

Genesis Business offers a free trial period of 14 calendar days. During this period, the Client has access to the features of the assigned plan at no cost. Upon completion of the trial period, the Client must select and pay for a plan to continue using the Platform. Genesis Business reserves the right to modify the duration or conditions of the trial period without prior notice. No credit card is required to start the free trial.

6. Intellectual Property

All intellectual property rights over the Platform, including but not limited to source code, design, interfaces, logos, trademarks, documentation, and content, are the exclusive property of Genesis Business or its licensors.

The Client retains all rights over the data, content, and information they enter into the Platform. Genesis Business does not claim ownership over the Client's data.

It is strictly prohibited to copy, modify, distribute, sell, sublicense, decompile, reverse engineer, or create derivative works of the Platform or any of its components.

7. Client Data and Privacy

Genesis Business acts as a data processor for the data that the Client stores on the Platform. The processing of personal data is governed by our Privacy Policy, available in the corresponding section of our website.

• Genesis Business will not access Client data except to provide requested technical support or by legal requirement
• Client data is stored on secure servers with encryption in transit and at rest
• Genesis Business performs periodic backups but the Client is responsible for maintaining their own backups
• Upon service termination, the Client will have a period of 30 calendar days to export their data before permanent deletion

8. Availability and Service Level

Genesis Business strives to maintain the Platform available 24 hours a day, 7 days a week. However, it does not guarantee 100% uptime.

• Scheduled maintenance will be performed with prior notice when possible
• Genesis Business shall not be liable for interruptions caused by factors beyond its control, including third-party provider failures, natural disasters, cyber attacks, or Client connectivity failures
• In case of prolonged interruptions not attributable to the Client, a proportional credit to the downtime will be evaluated

9. Acceptable Use

The Client agrees to use the Platform lawfully and in accordance with these terms. The following is expressly prohibited:

• Using the Platform for illegal, fraudulent activities or activities that violate third-party rights
• Attempting unauthorized access to systems, data, or accounts of other users
• Introducing viruses, malware, or malicious code into the Platform
• Using the Platform to send spam, offensive content, or unsolicited communications
• Reselling, sublicensing, or sharing Platform access with unauthorized third parties
• Intentionally overloading the Platform's infrastructure

Violation of these restrictions may result in immediate suspension or cancellation of the account without right to refund.

10. Limitation of Liability

To the maximum extent permitted by applicable Mexican law:

• Genesis Business shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
• Genesis Business's total cumulative liability shall not exceed the total amount paid by the Client during the 12 months preceding the event giving rise to the claim
• Genesis Business does not warrant that the Platform will be error-free or operate without interruption
• The Client is solely responsible for verifying that the Platform meets their business needs before subscribing to a paid plan

The Platform is provided "as is" and "as available." Genesis Business makes no implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Cancellation and Refunds

The Client may cancel their subscription at any time from the Billing section of the Platform.

• Cancellation takes effect at the end of the current billing period; access is maintained until that date
• No refunds are granted for unused partial periods, except in exceptional circumstances evaluated on a case-by-case basis
• Annual, semiannual, and quarterly plans paid in advance are non-refundable once payment is processed
• Genesis Business reserves the right to cancel accounts that violate these terms, providing 5 business days prior notice except in cases of illegal use or fraud

After cancellation, Client data will be retained for 30 calendar days. After this period, data will be permanently and irreversibly deleted.

12. Modifications to Terms

Genesis Business reserves the right to modify these Terms and Conditions at any time. Modifications will be notified via email to the account holder and/or through a notice on the Platform at least 15 calendar days in advance. Continued use of the Platform after the effective date of modifications constitutes acceptance of the new terms.

13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Mexican States. For the resolution of any dispute arising from these terms, the parties submit to the jurisdiction of the competent courts of the city of Los Mochis, Sinaloa, Mexico, expressly waiving any other jurisdiction that may correspond to them by reason of present or future domicile.

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless Genesis Business, its directors, employees, and collaborators, against any claim, damage, loss, liability, cost, or expense (including reasonable attorney fees) arising from the Client's misuse of the Platform or breach of these Terms and Conditions.

15. Force Majeure

Neither party shall be liable for failure or delay in fulfilling its obligations when such failure is caused by force majeure events, including but not limited to: natural disasters, pandemics, strikes, wars, acts of terrorism, widespread telecommunications or internet failures, government actions, or any other event beyond the reasonable control of the affected party.

16. General Provisions

• If any provision of these terms is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect
• Failure to exercise a right under these terms does not constitute a waiver thereof
• These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between the parties regarding the use of the Platform
• The Client may not assign their rights or obligations under these terms without the prior written consent of Genesis Business

17. Contact

For any inquiries related to these Terms and Conditions, contact us at legal@genesisbusiness.net or via WhatsApp at the number published on our website.