This document describes the general terms and conditions related to the use of the software application either by desktop version (WEB) and mobile devices IOS (Apple) or OS (Google) called Nubital, (hereinafter the “App”) as well as its websites www.archiva.mx and www.nubital.com (hereinafter the “Site”), in an effort to make the User aware of the policies and principles that govern Archiv@.
The “Services” are only available for people with legal capacity for contracting, therefore: · minors, · people in an interdicted state, · those declared incapable, · those limited by another contract, agreement or commercial relationship, but not limited to, as well as · users that have been vetoed definitively or partially by Archiv@, in relation to the breach with these Terms and Conditions of Use are explicitly excluded.
I. ACCEPTANCE OF THE TERMS AND CONDITIONS.
The User understands and accepts that by entering and navigating the “Site”, or by registering and using his “App” and/or requesting the “Services”, he/she expresses in an unquestionable manner his/her full and unreserved will to be subject to these Terms and Conditions, which are mandatory and binding. Likewise, the User is subject to the terms of the Privacy Notice and the Policies that govern Archiv@, which are also available to him/her; so, in case of not accepting or agreeing to these Terms and Conditions, or any document contained in the “Site”, you must refrain from continuing browsing the “Site”, as well as using the “App”. In this sense, it is the responsibility of the User to read and fully understand the conditions set out below, before performing any management within the “Site” and/or registering and requesting or using the “Services” in the “App”.
II. USE AND RESTRICTIONS.
Any person who accesses, through the use of a computer, cellular and/or communication equipment to the “App” or the “Site”, agrees not to use devices, computer programs, software, or any other means that may interfere or affect, both in the functionalities, activities, operations and security of the “App” and/or the “Site”. As well as the databases and/or information contained therein. The User agrees to use and access the “App” and/or the “Site” and to make use of the “Services” in accordance with the provisions of the laws, moral values, good manners and public order, which is why anyone should refrain from using the “App”, the “Site” and the “Services” for illicit purposes or effects, damaging the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the “Site” and/or the “App” or “Services” and to prevent the proper use by rightful Users.
The User accepts that he/she is responsible for having compatible software and hardware, the necessary devices, connection to the Internet network, and any other technical requirement necessary for the correct execution of the “App” and/or the “Site”. If the User accesses or uses the “App” or navigates on the “Site” from a mobile device data rates and messages rates from their mobile network may and shall be applied, according to the provider of said service. Archiv@ does not guarantee that the “App” and/or the “Site” or “Services” will work on all devices. The User is also responsible for allowing and executing the updates of the “App” that are necessary for the correct and timely provision of “Services”.
The User authorizes Archiv@ and its mobile telephony and telecommunications providers, to send emails, text messages or SMS through the cellphone or computer equipment of the User, for the authentication of the identity of the User, with the understanding that the sending of the emails, text messages or SMS will be at the request of the User. Likewise, Archiv@ may provide web addresses and direct links to other websites and/or other third-party resources, over which Archiv@ has no control, nor assumes responsibility for the legality of its content, availability, accessibility or veracity of the information. In the same way, Archiv@ will not be responsible for losses or damages caused, or supposedly caused by, or in connection with the use and security of the content, products and/or services available through any of said sites or resources of third parties.
III. REGISTRATION IN THE “APP”.
Any person requesting “Services” must register in the “App” by completing the Registration form in all its fields, where he/she must enter his/her full name, e-mail address, e-mail address of the emergency contact and data corresponding to your means of payment of the subscription to the “Services”. Also, assigning an access password that must contain at least 8 characters, including at least one uppercase, one lowercase, one number and one sign. Archiv@ is not responsible for the veracity of the data provided by its Users.
Once the previously mentioned data have been entered, the User will receive an e-mail with a code that must be entered in the “App” to validate their e-mail account, it is understood that the sending of said codes by SMS and e-mail is made by request of the User. Archiv@ reserves the right to temporarily or permanently suspend those Users whose data could not be confirmed
The User will access his/her personal account (Account) by entering his registered e-mail plus the password he/she has chosen (Password), or by means of the fingerprint that he/she has registered in this opportunity. The User undertakes to maintain the confidentiality of his/her Password. The User will be responsible for all operations carried out on and from his/her account, since access to it is restricted to the entry and use of his password, which is his/her exclusive knowledge. The Nubital Account is personal, unique and non-transferable.
The registration data will be used exclusively by Archiv@ and/or Nubital for statistical purposes and to establish communication to and from the User and at no time will it be made public or shared with any other physical or moral person. If the User cancels or replaces the e-mail with which he/she has registered, they must inform Nubital through support@nubital.com, otherwise communication may not be properly established with them.
The User agrees to notify Archiv@ immediately, any unauthorized use of his/her account, as well as the entry by unauthorized third parties to it, due to its negligence as it would be -more not limited- to leave any electronic device, through which has access to the “App”, the “Site” and the “Services”, without any attention, consequently, Archiv@ disclaims liabilit.
The User may cancel his/her account at any time, if there is no obligation to pay due debts in favor of Archiv@ and/or Nubital.
IV. GENERAL CONDITIONS OF THE SERVICES.
In a world in which change seems to be taking control of our lives, Archiv@ firmly believes that order, security and availability of information provide greater clarity, certainty and tranquility, for that purpose makes available to the user the following conditions of its “Services” of the “App” called Nubital:
The services of document management and protection of the information offered by Archiv@ and/or Nubital through the “App” and its “Site” have the purpose of helping the User to organize, scan/photo and to keep available the following Categories:
· Personal Documents
· Insurance Policies
· User Names and Passwords
· Documents on his/her Wallet,
· Asset Documents,
· Health Documents,
· Travel Documents
· Company and/or Business Documents,
· Additional Documents
· Categories may be modified or additioned in subsequent versions of the “App”.
The information stored by the User in the “App” is not in the memory of his/her device, therefore, for access, he/she must have access to the Internet.
• The “App” has the preloaded list of Categories and Sets of Documents that it is suggested to safeguard; however, it is the User’s decision to scan and upload those, at their own pace and convenience.
• The main functions of the “App” allow the User to personalize folders, scan and name files, photograph and view both sides of documents with front and back, load previously scanned files, set reminders of the physical location of the original document, enter a number telephone or several, to report emergencies, add due dates, schedule a reminder of document renewal. The User may share, print or delete documents protected from or in the “App”. During the Registration procedure the User must designate an Emergency Contact.
• Archiv@ may modify at any time and without any responsibility the specifications and functions and “Services” of the “App” referred to above.
• Archiv@ takes the issue of security in a very formal way, so that the images and data that are uploaded by the User in the “App” will be transferred securely and encrypted in a secure server in Google Cloud©.
• Archiv@ and/or Nubital will not have the obligation to verify the content that the User uploads on the platform or the traffic that is generated in it. Therefore, the legality of the content lies entirely within the User.
• It is completely forbidden to store any type of information that violates local laws.
• All documents scanned and uploaded in the “App” will be accessible exclusively to the User through a Smartphone, safely, at any time, in any place and circumstance, given that he/she have access to the internet.
• Communication to and from the server of the “App” is encrypted for the User’s security.
• The “App” allows documents to be printed and/or shared by email or WhatsApp® by the User.
• The User must designate an Emergency Contact. This Emergency Contact will be the only one person capable to inform the Password to the designated heir, in the pertinent moment.
• Only when a Legal Representative of Archiv@ is presented with the User’s Official Death Certificate, or a Notarized Letter issued by a Physician including his/her Professional Certificate number, when the User is in a permanent or irreversible State of Disability, then Archiv@ and/or Nubital will grant the designated heir the e-mail account registered by the User.
• Neither Archiv@, nor Nubital, nor any of its employees, collaborators and/or suppliers may have access to documents, images or any information stored in the User’s account, since the data arrives and remains encrypted.
PRICES FOR NUBITAL APP
There are two versions:
– (I) “Initial” Version, Allows the User to keep free of charge for an indefinite period, up to 20 (twenty) specific documents.
– The “Initial” Version will have the 20 Document names preloaded (that is, only those indicated below):
• 10 (ten) of those will be “enabled” right after the Registration process is fulfilled, those marked with a letter (a);
• 10 (ten) other documents marked with a (b) may be enabled by the User through a referral scheme; for each referral registered at Nubital, one additional document will be enabled for the User. Each User can invite up to 10 (ten) referrals, to enable up to 20 (twenty) documents in the Initial Version.
• Total capacity in the Initial Version is limited to 50 Mb (Fifty Megabytes)
Free Documents (a) Enabled
1. Identification Document (ID)
2. Auto Insurance
3. Debit Card
4. Credit Card
5. Apple ID or Google ID
6. Deed of Ownership or Lending of Real State Contract
7. Medical Prescription
8. Passport
9. Visa
10. Federal Taxpayer Registry
Additional Documents (b), subject to providing Referrals (New Nubital Users)
1. Driver’s License
2. Medical Insurance
3. Social Security Card
4. Commercial Credit Card
5. Facebook Login
6. Notarized Will
7. Clinical Analysis
8. Address Proof
9. Articles of Incorporation
10. Power of Attorney
· (II) “Vital” Version, allows the User to safeguard up to 2,500 (two thousand five hundred) Documents of the following Categories:
1. Personal Documents
2. Insurance Policies
3. Documents in Wallet
4. User Name’s and Passwords
5. Asset Documents
6. Travel Documents
7. Health Documents
8. Business Documents
9. Additional Documents
· The “Vital” Version, will have the above said 9 (nine) Categories and 76 (seventy six) preloaded Sets of Documents fully enabled, with a limit of up to 4 Gb (Four Gigabytes).
Archiv@ and/or Nubital, wish to maintain a constant improvement of the platform, so there may be modifications and increase of the Categories, as well as the Sets of Documents.
The monthly or yearly prices, and the applicable promotions, as well as the number of Documents or Passwords that can be secured in each Version, may be consulted at www.nubital.com.
The services may be billed invoiced in Mexico once requested in the registry form filled by the “User” whom must provide the applicable tax information for the corresponding billing. If billing is not required, Archiv@ will anyhow generate a transaction receipt that will be e-mailed to the User.
The price includes the Value Added Tax.
The price is subject to change at any time and without any responsibility towards the User.
An e-mail notice will be sent to the Users through their registered e-mail addresses, at least 30 calendar days in advance. The variation of the price will be applicable as of the renewal date of the Membership
Subscription payments to the Vital Version may be made through the App Store® for IOS, the Play Store® for Android, and OpenPay® platform
Only in case of an annual subscription, a return guarantee is granted for the unearned months. The refund will be made within 30 calendar days following the cancellation date requested in writing.
If there is no request for cancellation, in the twelfth month the annual renewal will be performed automatically in the Vital Version, while this shall be informed to the Users through their registered e-mail addresses, at least 30 calendar days in advance.
The User may not make unauthorized copies or use any part of the content of the “App” and the “Site” in accordance with the applicable legislation.
V. MODIFICATIONS OF THE TERMS AND CONDITIONS.
Archiv@ may modify the general Terms and Conditions at any time by making them public on the “App” and on the “Site”. The User will have 5 (five) calendar days period following the publication of the modifications, to communicate by e-mail to the account support@nubital.com his rejection of the modifications; in which case the contractual link will be dissolved and will be discharged as User of the “App” within a period of 15 (fifteen) calendar days following the receipt of such written communication. Otherwise, if after expiration of the term of 5 (five) days to oppose the modifications of this instrument, the User will be considered to having fully accepted the new Terms and Conditions and the contract will continue to bind both parties.
VI. CANCELLATION OF THE ACCOUNT.
Without any prejudice to other measures, Archiv@ may disqualify, without any requirement or formality, either temporarily or definitively, the User’s Account and/or to suspend the provision of its “Services” in any of the following cases:
(a) By court order
(b) For lack of confirmation of the registration by the User through the means of contact provided at the time of registration; and/or
(c) By written request of the User.
Once the account has been canceled, the User will not be able to recover the Documents, nor the Keys or Passwords, since all the data contained in the account registered onto their name, will be erased immediately and definitively, without any responsibility for Archiv@ and/or Nubital.
VII. PRIVACY AND SECURITY OF THE “APP” AND THE “SITE”.
Archiv@ will maintain the “App” and the “Site”, as well as its contents, in a reasonably correct and updated manner, having the necessary security controls, always seeking for the User’s security.
Archiv@ makes to the knowledge of the User that the “App” Nubital has been designed through the Google Developers Firebase® platform, so that consequently the data, files or images that the User loads in the “App” are fully protected in accordance with the privacy and security policies of Google® Firebase®, which implies adherence to the General Data Protection Regulation (GDPR) in force in the European Union; certifications in accordance with the main security and privacy standards (ISO 27001, ISO 27017, ISO 27018 and SOC 1, 2, 3); Encryption of data in transit with HTTPS (Hypertext Transfer Protocol Secure); logically isolated user data and data encryption at rest; as well as exhaustive security measures on the processing and storage of data. Those specific scopes are available in the following link: https://firebase.google.com/support/privacy/?hl=es-419
Notwithstanding the foregoing, Archiv@ cannot guarantee the User that the systems and contents of these are free of errors, defects, malware and/or viruses, so Archiv@ is not responsible for any loss or damage suffered by the User in their documents, keys or passwords as a consequence of said failures or errors. Likewise, any element that is downloaded by the User through the “App” and/or the “Site”, will be at its own discretion and risk, so Archiv@ does not assume any responsibility for any virus that could affect or disable the User’s equipment as a result of any download, transfer of data, files, images, texts, or audio contained therein, as well as any other information sent with the use of electronic means. The system may not be available due to technical difficulties or failures of the Internet, or any other circumstance outside Archiv@; therefore, Archiv@ does not guarantee access and continued or uninterrupted use of its site, in such cases Archiv@ and/or Nubital will attempt to re-establish “Services” as quickly as possible, without this implying any kind of responsibility.
VIII. INTELLECTUAL PROPERTY.
The User acknowledges and accepts that the “App”, the “Site” and any software that needs to be downloaded in order to access and use the Archiv@ and/or Nubital “Services”, contain confidential information of Archiv@ and/or those of third parties, which are protected by the laws of intellectual property and other applicable laws. Likewise, the User acknowledges that the format and content in the “App” and the “Site” are the exclusive property of Archiv@ and consequently the rights of use and exploitation included, but are not limited to, their publication, reproduction, disclosure, transformation and distribution, which correspond only to Archiv@ and/or Nubital being protected by international copyright, trademark, patent, model and industrial design standards.
Nubital® and Archiv@® are registered trademarks that are protected by the Industrial Property Law in force in the Mexican Republic. In consequence, the use, diffusion, exhibition, exploitation, commercialization or any other use, be it partial or total, of identical form or that confuse in minor or greater degree; either by any means, including but not limited to the printed, magnetic, optical, electronic or computer, is expressly prohibited without prior written authorization of Archiv@ or whoever at the time is the owner of the corresponding copyright and/or trademark of Nubital.
Any contravention of the foregoing or the applicable legislation on intellectual property, industrial, copyright will be considered and prosecuted as a criminal offense of direct commission.
Consequently, the User understands that it is forbidden to give undue use, as well as to reproduce totally or partially said systems and contents.
The User does not acquire, under any circumstance, any license or right, on the intellectual property of Archiv@ by the mere use of its “App”, the “Site” or its services; therefore, the usage of Nubital or the “Services” cannot be considered as a tacit or express authorization to use the systems and contents for any purpose other than those contemplated by this document.
IX. NON-COMPLIANCE OF THE USER.
In case of breach of the User to any of the obligations under his charge arising from these Terms and Conditions of Nubital, or in case of violation of any law and/or rights of third parties, Archiv@ may choose between requiring the termination of the relationship of provision of “Services” and the subsequent cancellation of the User’s account; or to demand the forced fulfillment of the obligations of the User, derived from this instrument and specifically those of payment for the provision of “Services” offered by Archiv@ y/o Nubital.
In any of the above cases, the User is obliged to indemnify Archiv@ for the damages that it causes, and must also cover the all expenses that Archiv@ may incur, including but not limited to reasonable attorneys’ fees, fixtures to the platform, etc. the User commits to respond to Archiv@, its subsidiaries and/or controlling companies, directors, administrators, representatives and employees, of any claim or demand of other users or third parties for their activities in the “App” or the “Site”, and/or for non-compliance.
X. PRIVACY POLICY.
To provide the “Services”, Archiv@, will collect information of a personal nature from the Users, the terms of the treatment of the personal data of the Users are specified in their Privacy Notice visible in the “App” and the “Site”, which is integral part of the present Terms and Conditions. Therefore, the User understands and accepts that by the only use of the “App” and/or the “Site”, he/she accepts to have read, understood and expressly accepted the Privacy Notice and its content
Likewise, the User accepts that Archiv@ can collect and use technical data and related information, which includes, among o application software, which is compiled periodically to facilitate the supply of software updates, support of products and other purposes. Also, Archiv@ may use this information, provided that does not personally identify the User, to improve its products or to provide new or additional “Services” or enhanced technologies.
XI. NOTIFICATIONS, JURISDICTION AND APPLICABLE LAW.
All notices that the Parties want to be made in relation to these Terms and Conditions of Use, must be made by e-mail, in the case of the User to the account that this has provided at the time of registration, and those addressed to Archiv@ and/or Nubital to the following account: support@nubital.com
The following is the address to hear or receive notifications to Archiv@ and/or Nubital:
· Broca 2605-L29 Col. Parque Industrial El Álamo 44490 Guadalajara, Jal.
· Telephone +52 333 344-1900
For the interpretation, fulfillment and execution of this contract, the parties expressly refer to the Federal Laws in force in the Mexican Republic and submit to the jurisdiction of the Federal Courts with jurisdiction in the City of Guadalajara, Jalisco, renouncing consequently any other that, due to their present or future domicile, nationality, or for any other reason, they may correspond to them.
Having read and understood each of the Terms and Conditions, the User expresses his total acceptance and subjection to any obligation derived from them, by making continuous use of the “Site” and/or the “App” and/or by clicking on the OK button.
Date of last update: July 29, 2019