Service Terms and Conditions

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY YOU REPRESENT (hereinafter, "You" or "Your") and AGGERO SOLUTIONS S DE RL DE CV (hereinafter referred to as "Aggero"), THAT RULES THE USE OF THE PLATFORM SPHERE AND OTHER SOFTWARE DEVELOPMENTS.

PARTS OF THIS AGREEMENT

This agreement consists of the following terms and conditions (hereinafter, the “General Terms”) and the terms and conditions, if any, specific for the use of individual services (hereinafter, the “Specific Terms of Service”) . The general terms and the specific terms of service are collectively known as the "terms". In the event of a conflict between the General Terms and the Specific Terms of service, the specific terms of service shall prevail.

ACCEPTANCE OF THE TERMS

To accept the terms, you must be legal age to enter into a binding agreement. If you do not accept the terms, do not use any of our services. If you accept the general terms and do not accept any specific service term, do not use the corresponding service. You accept the terms by using the services.

SERVICE DESCRIPTION

We offer a range of services for the evaluation and management of talent, performance and welfare of human capital. These services include 360 ° assessments, competency assessments, behavioral assessments, surveys, indicator evaluation, objective assessment, anonymous feedback, database creation, job profile management, report management, organization management, management of questionnaires, skills management, behavior management and / or behavior management ("Service" or "Services"). You may use the Services for your personal and commercial use or for internal business purposes of the organization you represent. You can access the Services through any internet browser compatible with them. You are responsible for obtaining Internet access and the equipment necessary to use the Services. You can create and edit content with your user account.

SUBSCRIPTION TO BETA SERVICE

We may offer certain Services such as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation purposes. You agree that we have the absolute authority and criteria to determine the trial and evaluation time period of the Beta Services. We will be the only ones in charge of judging the success of these tests and deciding, if a decision is made, to offer the Beta Services as commercial services. You will not be required to purchase a subscription to use a paid Service for subscribing to a Beta Service. We reserve the right to suspend, totally or partially, at any time, temporarily or permanently, any of the Beta Services, with or without prior notice. You agree that Aggero will not be liable to you or to third parties for any related damages arising from the modification, suspension or interruption of any of the Beta Services for any reason, or that occurs because of these.

MODIFICATION OF THE TERMS OF SERVICE

We may modify the terms with prior notice at any time, through a service announcement or by sending an email to your primary email address. If we apply important changes to the terms that affect your rights, a notice of the changes will be sent at least 30 days in advance by email to your main email address. You may cancel the use of the Services by sending Aggero an email notice within 30 days of receiving notification of the availability of the modified Terms, if the Terms are modified in a way that significantly affects your rights in relation to the use of the Services. Your continued use of the service after the effective date of any change in the terms will be considered as your acceptance of the modified terms.

USER SIGN IN OBLIGATIONS

You must be registered with a user account providing all the information necessary to access or use the services. If you represent an organization and want to use the services for corporate internal use, we recommend that you and all other users of your organization, log in to the user accounts by providing your business contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as requested by the registration process; and b) maintain and timely update the information provided during registration to be true, accurate, current and complete. If you provide false, inaccurate, outdated or incomplete information, or if Aggero has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Aggero may cancel your user account and reject the current or future use of one or all services.

ACCOUNTS AND ADMINISTRATORS OF THE ORGANIZATION

When you sign up for an account for your organization, you can specify one or more administrators. Administrators will have the right to configure the Services based on their needs and manage end users in their organization's account. If a third party created and set up your organization's account on your behalf, it is likely that said third party has assumed the role of administrator of your organization. Be sure to enter into an appropriate agreement with those third parties, specifying the functions of the party and the restrictions as administrator of your organization's account.

You are responsible for i) ensuring the confidentiality of your organization's account password, ii) designating competent persons as administrators to administer your organization's account, and iii) ensuring that all activities that occur in connection with the Your organization's account complies with this agreement. You understand that Aggero is not responsible for the administration of the account and the internal management of the services provided.

You are responsible for taking the necessary measures to ensure that your organization does not lose control of the administrator accounts. You can specify a recovery process that should be followed in case you lose control of the administrator accounts by sending an email to info@spheremodel.com, provided that the process is acceptable to Aggero. In the absence of any recovery process for the specified administrator account, Aggero may provide control of an administrator account to a person who provides satisfactory proof for Aggero demonstrating authorization to act on behalf of the organization. You agree not to declare Aggero responsible for the consequences of any action that Aggero considers in good faith in this regard.

PERSONAL INFORMATION AND PRIVACY

The personal information you provide to Aggero through the service is governed by the Aggero Privacy Policy. Your choice to use the service indicates your acceptance of the terms of the Aggero Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other confidential information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@spheremodel.com or by calling us at any of the numbers indicated in https://www.spheremodel.com/contacto.html. We are not responsible for losses or damages that you or any third party suffers due to unauthorized access or use of your user account, or for any other reason.

AGGERO COMMUNICATIONS

The service may include certain Aggero communications, such as service announcements, administrative messages and newsletters. You understand that these communications will be considered part of the use of the services.

CHARGES AND PAYMENTS

The Services are available under the subscription plan according to the number of participating users, as well as the modules to be used. We may change the price of a service or charge a fee for the use of services that are currently available for free. If this is the case, it will be notified by mail or notice before charging. There will be no charges for using any Service unless you have chosen to use them.

RESTRICTIONS OF USE

In addition to all other terms and conditions of this contract, you must not: (i) transfer the services or otherwise make them available to a third party; (ii) provide a service based on the Services without prior written permission; (iii) use links to third party sites without accepting the terms and conditions of the website; (iv) publish links to third-party sites or use your logo, company name, etc. without your prior written permission; (v) publish any personal or confidential information pertaining to any person or entity without obtaining the consent of that person or entity; (vi) use the Services in any way that could damage, disable, overload, deteriorate or damage any server, network, computer system or resource of Aggero; (vii) violate any local, state, national or international law; and (viii) create a false identity to deceive anyone in regard to the identity or origin of any communication.

EMAIL MANAGEMENT AND UNLAWFUL ACTIVITIES

You agree to be solely responsible for the content of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is illegal, slanderous, harassing, defamatory, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, pornographic or that is questionable, offends religious feelings , promotes racism, contains viruses or malicious code, or that infringes or may infringe the intellectual property rights or other rights of another person. You agree not to use the services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or mass distribution of unsolicited mail. We reserve the right to suspend your access to services if there are reasonable grounds to believe that the services were used for any illegal or unauthorized activity.

INACTIVE USER ACCOUNTS POLICY

We reserve the right to cancel user accounts that are inactive for a continuous period of 36 months and that are unpaid. In the case of such cancellation, all the data associated with said user account will be deleted. We will give you a prior notice of said cancellation and the option to back up your data. The data deletion policy may apply with respect to some or all services. Each service will be considered as an independent and separate service for the purpose of calculating the period of inactivity. In other words, the activity in one of the services is not enough to keep your user account in another active service. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

DATA OWNED

We respect your right to ownership of the content you create or store. You own the content you create or store. Unless you specifically allow it, your use of the services does not grant Aggero the license to use, reproduce, adapt, modify, publish or distribute the content that you create or store in your user account for commercial purposes. But it grants permission to Aggero to make use of this content for the purpose of generating commercial reports on the industry or sector, as well as performing a benchmarking. Likewise, it grants permission to Aggero to access the contents of its user account, copy it, distribute it, store it, transmit it, re-format it and display it publicly, in order to provide the Services.

CONTENT GENERATED BY THE USER

You may transmit or publish the content you create using any of the Services, or otherwise. However, you will be solely responsible for the content and consequences of its transmission or publication. Any content that is made public will be publicly accessible through the Internet and may be tracked and indexed by search engines. You are responsible for ensuring that private content is not made publicly available. Any content that you may receive from other users of the Services, is provided IN YOUR ORIGINAL CONDITIONS solely for your information and personal use, and you agree not to use, copy, reproduce, distribute, transmit, publish, display, sell, grant under license or in any other way exploit said content for any purpose, without the express written consent of the person who owns the rights to said content. In the course of using any of the Services, if you find content with copyright notices or any copy protection feature, you agree not to remove such copyright notice or disable that copy protection feature, as applicable. the case. If you make content protected by copyright or subject to copyright available in any of the services, you affirm that you have the consent, authorization or permission, as appropriate, of all persons who may claim rights to such content for that such content is available that way. In addition, if you make content available in the aforementioned manner, you expressly agree that Aggero will have the right to block access or remove such content if Aggero receives complaints about any illegality or violation of the rights of third parties in such content. By using any of the Services and transmitting or publishing any content using said Service, you expressly accept the determination of the issues of illegality or violation of the rights of third parties in said content by the agent that Aggero designates for this purpose.

FILE AND SAMPLE APPLICATIONS

Aggero may provide samples of files and applications in order to demonstrate the possibility of using the services effectively for specific purposes. The information contained in these sample files and applications consists of random data. Aggero offers no warranty, express or implied, with respect to the accuracy, usefulness, completeness or reliability of the information or sample files and applications.

REGISTERED TRADEMARK

Sphere, the Sphere logo, the names of the individual Services and their logos are registered trademarks of Aggero. You agree not to display or use, in any way, the trademarks of Aggero, without the prior permission of Aggero.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU ASSUME THE RISK OF USE OF THE SERVICES IN YOUR TOTALITY. THE SERVICES ARE PROVIDED IN ITS ORIGINAL CONDITIONS AND ACCORDING TO AVAILABILITY. AGGERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDED, BETWEEN OTHER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGGERO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, INSURANCE OR ERROR FREE. THE USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES WILL BE UNDER YOUR OWN RISK AND CRITERIA AND YOU WILL BE THE ONLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DAMAGE OR CAUSE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL. NO RECOMMENDATION OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU OBTAIN FROM AGGERO, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTIES NOT EXPRESSLY ESTABLISHED IN THE TERMS.

LIMITATION OF LIABILITY

YOU AGREE THAT AGGERO, IN NO EVENT, SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES OR DAMAGES OR FOR LOSS OF BENEFITS, BUSINESS INTERRUPTION, COMPUTER INFORMATION FAILURE, LOSS OF COMPUTER INFORMATION OR LOSS OF ANOTHER INDEX THAT DERIVES FROM THE USE OR THE DISABILITY OF USING THE SERVICE OR THAT IS PRODUCED BECAUSE OF THESE, EVEN IF IT WAS ADVISED IN AGGERO OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL AGGERO'S TOTAL RESPONSIBILITY TO YOU AS TO YOUR SERVICES, BE IT DIRECT OR INDIRECT, WILL EXCEED THE CHARGES YOU HAVE PAID FOR THESE SERVICES.

COMPENSATION

You agree to indemnify and disclaim Aggero, its officers, directors, employees, suppliers and affiliates, for any loss, damage, fine and expense (including attorneys' fees and costs), arising out of a claim regarding the infringement of the rights of a third party for its use of the Services, or in relation to it, or for claims for violation of any law or provision of the terms, or related to its use of the services, except when Aggero authorizes such use.

SUSPENSION AND CANCELLATION

We may suspend your user account or temporarily disable access to all or part of any Service in case of suspected illegal activity, prolonged periods of inactivity or requests from authorities or other government agencies. Objections to the suspension or disqualification of user accounts must be made to info@spheremodel.com within thirty days of being notified of the suspension. We may cancel a user account that is suspended or deactivated after thirty days. We will also cancel your user account as requested.

In addition, we reserve the right to cancel your user account and deny the Services if we believe that you violated the Terms, and to cancel your access to any Beta Service in case of unexpected technical problems or interruption. You have the right to cancel your user account if Aggero breaches its obligations under these terms and in that case, you will be entitled to a prorated refund of any prepaid charges. The cancellation of the user account will include the denial of access to all services, the deletion of information in your user account, such as your email address and password, and the deletion of all data in your user account.

END OF SERVICE TERMS

If you have any questions or concerns regarding this agreement, contact us at info@spheremodel.com.