Terms and Conditions

1. Purpose of Agreement

These Terms and Conditions (hereinafter, "the Terms") constitute a legally binding agreement between you (hereinafter, "the User") and Genesis Business (hereinafter, "Genesis", "we" or "the Company"), located in Los Mochis, Sinaloa, Mexico. These Terms govern access to and use of the Genesis Platform (hereinafter, "the Platform"), including all its features, services, content and updates. By creating an account, accessing the Platform or using any of our services, you declare that you have read, understood and accepted these Terms in their entirety. If you do not agree with any of these Terms, you must not use the Platform.

2. Definitions

• "Platform": The software as a service (SaaS) Genesis Platform, including the client portal (app.genesisbusiness.net), admin panel, APIs, mobile applications (if any) and website (genesisbusiness.net).
• "User": Any individual or legal entity that creates an account, accesses or uses the Platform in any capacity.
• "Organization": The company, business or entity registered by the User within the Platform, under which data, users and services are grouped.
• "Contracted Services": The specific services activated for the Organization, which may include but are not limited to: ERP (point of sale, inventory, employees, expenses, reports), digital marketing, design, web development and artificial intelligence.

3. Legal Capacity and Registration

To create an account on the Platform, the User must be at least 18 years old and have legal capacity to enter into binding contracts under Mexican law. If the User acts on behalf of a legal entity, they declare and warrant that they have the authority to bind such entity under these Terms. The User commits to providing truthful, complete and up-to-date information during registration and to keeping it current. The User is solely responsible for maintaining the confidentiality of their access credentials (email and password) and for all activities that occur under their account. If unauthorized access is detected, the User must immediately notify Genesis at legal@genesisbusiness.net. Each Organization can have multiple users with different roles (Owner, Administrator, Employee). The Owner is jointly responsible for the actions performed by all users in their Organization within the Platform.

4. Plans, Pricing and Billing

The Platform offers different subscription plans with varying levels of functionality, user limits and included services. Prices are expressed in Mexican pesos (MXN). Value Added Tax (IVA) will be applied in accordance with current tax legislation.

• Charges are made on a recurring basis (monthly, quarterly, semi-annually or annually, depending on the chosen plan) through Stripe, our payment processor. The User authorizes these recurring charges at the time of subscription.
• Genesis reserves the right to modify plan prices by notifying the User at least 30 calendar days in advance by email. New prices will apply at the beginning of the next billing cycle.
• Payments made are non-refundable, except during the free trial period or when required by applicable law. No prorated refunds will be issued for mid-cycle cancellations.
• In case of non-payment or charge rejection, Genesis may suspend access to the Platform after a 5 calendar day grace period. If payment is not regularized within an additional 15 calendar days, Genesis may cancel the account.

5. Free Trial Period

Genesis may offer free trial periods at its sole discretion. During the trial period, the User will have access to the features of the selected plan at no cost. At the end of the trial period, the subscription will automatically convert to a paid subscription unless the User cancels before the trial period ends. No commitment is required during the trial period and the User may cancel at any time at no cost or penalty. Data entered during the trial period will be retained if the User decides to continue with a paid plan. Genesis reserves the right to limit the trial period to once per individual or legal entity, and to deny access to free trials in case of abuse.

6. Acceptable Use

The User commits to using the Platform exclusively for lawful, legitimate commercial purposes and in accordance with these Terms, all applicable laws and good morals and customs. Without limiting the foregoing, the following is expressly prohibited:

• Using the Platform for illegal, fraudulent, deceptive activities or activities that violate third-party rights, including but not limited to money laundering, tax evasion or terrorism financing.
• Attempting to access, through reverse engineering, hacking, brute force or any other means, other users' accounts, third-party data, unauthorized features, internal systems or Platform source code.
• Reselling, sublicensing, redistributing, assigning or commercializing access to the Platform or any part of it without prior written authorization from Genesis.
• Introducing malicious code, viruses, malware, ransomware, trojans, unauthorized automated scripts (bots, scrapers) or any technology that could damage, interfere with or overload the Platform or its systems.
• Using the Platform to store, process or transmit content that is illegal, defamatory, obscene, that incites hatred or that violates third-party intellectual property rights.
• Conducting penetration tests, vulnerability scans or security audits on the Platform without prior written authorization from Genesis.

7. User Data Ownership

The User retains all ownership rights over data they enter, upload or generate within the Platform (including but not limited to: products, sales, customers, employees, expenses, inventories and reports). Genesis does not claim ownership of User data. Genesis will only access User data when necessary to: (a) provide and maintain the service, (b) provide technical support requested by the User, (c) comply with legal obligations, or (d) generate aggregated and anonymized data to improve the Platform (without it being possible to identify the User or their Organization). In case of cancellation or termination, the User may request a complete export of their data in standard format (CSV/JSON) within 30 calendar days. After that period, Genesis will permanently and securely delete the data, without possibility of recovery.

8. Intellectual Property

The Platform in its entirety — including its source code, architecture, visual design, user interface, brand, trade name, logos, icons, texts, documentation, algorithms and any other content — are the exclusive property of Genesis Business and are protected by Mexican and international intellectual property, copyright and industrial property laws. Use of the Platform does not grant the User any intellectual property rights over it or its components. Genesis grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform solely in accordance with these Terms and during the term of their subscription. Reproduction, modification, distribution, reverse engineering, decompilation or creation of derivative works of the Platform or any part of it is prohibited.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. GENESIS DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR AVAILABLE AT ALL TIMES; (B) RESULTS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE OR RELIABLE; (C) THE PLATFORM WILL MEET THE USER'S SPECIFIC EXPECTATIONS OR REQUIREMENTS; OR (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED. GENESIS MAKES ITS BEST EFFORT TO KEEP THE PLATFORM OPERATIONAL AND UP TO DATE, BUT ASSUMES NO RESPONSIBILITY FOR INTERRUPTIONS CAUSED BY SCHEDULED MAINTENANCE, UPDATES, THIRD-PARTY FAILURES OR CAUSES BEYOND ITS CONTROL.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Genesis shall not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to: loss of profits, revenue, expected savings, data, customers, business opportunities or goodwill, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory.
• Genesis's total cumulative liability for all claims related to these Terms or the Platform shall not exceed the total amount paid by the User to Genesis during the 12 months immediately preceding the claim.
• Genesis shall not be liable for losses or damages caused by: (a) improper or negligent use of the Platform by the User, (b) unauthorized access to the User's account due to negligence in credential protection, (c) business decisions made based on Platform information, or (d) interruptions in third-party services.
• The User acknowledges that the liability limitations set forth in this section are an essential condition of these Terms and that Genesis would not have entered into this agreement without them.

11. Indemnification

The User agrees to indemnify, defend and hold harmless Genesis, its directors, employees, agents, partners and providers, from and against any claim, demand, action, damage, loss, cost, liability and expense (including reasonable attorney fees) arising from or related to: (a) the User's use of the Platform, (b) the User's violation of these Terms, (c) the violation of any applicable law or regulation, (d) the violation of third-party rights, or (e) the data, content or information that the User enters or transmits through the Platform.

12. Account Suspension and Termination

The User may cancel their subscription at any time from the Platform's billing panel. Cancellation will be effective at the end of the current billing period, retaining access until that date. Genesis may temporarily or permanently suspend the User's access to the Platform, without prior notice, in case of: (a) violation of these Terms, (b) suspicious fraud or security activity, (c) requirement from competent authority, or (d) non-payment after the grace period. In cases of non-serious violation, Genesis will notify the User 5 business days in advance before suspension, providing the opportunity to remedy the cause. After termination for any reason, User data will be retained for 30 calendar days to allow export, after which it will be permanently deleted. The obligations of confidentiality, indemnification, limitation of liability and intellectual property shall survive termination of these Terms.

13. Third-Party Services

The Platform uses third-party services for its operation. Genesis is not responsible for the availability, accuracy, security or privacy policies of these services. Use of the Platform implies acceptance of the terms of service of the following providers:

• Stripe (payment processing): Payments are processed by Stripe, Inc. according to their own terms of service and privacy policy. Genesis does not store credit or debit card data.
• Neon / Vercel (infrastructure): The Platform is hosted on Vercel infrastructure and uses Neon databases. Data is stored on servers located in the United States.
• Resend (email): Email communications are sent through Resend according to their terms of service.

14. Confidentiality

Both parties commit to maintaining the confidentiality of any confidential or proprietary information to which they have access during the contractual relationship. Confidential information includes: User business data, commercial terms, financial data, strategies, and any information that by its nature should be considered reserved. This confidentiality obligation shall remain in effect during the term of the contractual relationship and for an additional period of 2 years after its termination. Information shall not be considered confidential if: (a) it is in the public domain without breach, (b) it was legitimately received from a third party without restrictions, or (c) it must be disclosed by requirement of competent authority.

15. Force Majeure

Neither party shall be liable for failure or delay in fulfilling its obligations when such failure is caused by events beyond its reasonable control, including but not limited to: natural disasters, pandemics, wars, acts of terrorism, civil disturbances, strikes, failures in telecommunications or internet services, cyberattacks, governmental actions, legislative or regulatory changes, or failures in third-party provider services. The affected party shall notify the other party as soon as reasonably possible and make all commercially reasonable efforts to mitigate the impact of the force majeure event.

16. Availability and Service Level

Genesis will strive to maintain the Platform available continuously, with a target monthly availability of 99.5%, excluding scheduled maintenance periods. Scheduled maintenance will preferably be performed during low-traffic hours and will be notified with reasonable advance notice when possible. Genesis shall not be liable for interruptions caused by: (a) emergency maintenance necessary to protect the security or integrity of the Platform, (b) failures in third-party services (hosting, DNS, payment processors), (c) denial of service attacks or other cyberattacks, or (d) force majeure events.

17. Personal Data Protection

Genesis commits to protecting personal data in accordance with Mexico's Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations. For more information on how we collect, use and protect personal data, please see our Privacy Policy. In particular:

• Genesis acts as Data Processor with respect to personal data that the User enters into the Platform (customer data, employee data, etc.). The User is the Data Controller of such data and must comply with their obligations under the LFPDPPP.
• Genesis implements reasonable technical, administrative and physical security measures to protect data, including encryption in transit (HTTPS/TLS) and at rest, role-based access controls, and periodic backups.
• In the event of a security breach that compromises personal data, Genesis will notify the affected User within 72 hours of discovering the incident, providing details of the scope and corrective measures taken.
• The User is responsible for obtaining the necessary consent from individuals whose personal data they enter into the Platform (employees, customers, etc.) and for informing them about the processing of their data in accordance with the LFPDPPP.

18. Changes to Terms

Genesis reserves the right to modify these Terms at any time. Any substantial changes will be notified to the User by email and/or through a prominent notice within the Platform at least 15 calendar days before the effective date. Non-substantial changes (spelling corrections, clarifications that do not modify rights or obligations) may be made without prior notification. Continued use of the Platform after the effective date of changes constitutes acceptance of the new Terms. If the User does not agree with the changes, they must cancel their account before the effective date of the new Terms.

19. General Provisions

Severability: If any provision of these Terms is declared invalid, illegal or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the original intent. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Genesis regarding use of the Platform, and replace any prior agreement, communication or understanding, whether oral or written. Assignment: The User may not assign or transfer these Terms or any rights or obligations arising from them without the prior written consent of Genesis. Genesis may freely assign these Terms in case of merger, acquisition, asset sale or by operation of law. Waiver: Failure to exercise or delay in exercising any right by Genesis shall not constitute a waiver thereof. Relationship between parties: Nothing in these Terms creates a partnership, agency, employment or franchise relationship between Genesis and the User.

20. Governing Law, Jurisdiction and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Mexican States, including the Commercial Code, the Federal Civil Code, the Federal Consumer Protection Law and the LFPDPPP, as applicable. The parties agree that any dispute arising from or related to these Terms shall be resolved as follows: (1) Direct negotiation: The parties will attempt to resolve the dispute in good faith through direct negotiation for a period of 30 calendar days. (2) Mediation: If negotiation does not resolve the dispute, the parties may submit it to mediation before a certified mediator. (3) Jurisdiction: If the dispute is not resolved by the above means, the parties irrevocably submit to the jurisdiction of the competent courts of Los Mochis, Ahome, Sinaloa, Mexico, expressly waiving any other jurisdiction that may apply by reason of their present or future domicile.