- These Terms and Conditions of Use (“Terms and Conditions”) govern the relationship between VIGILAMOS RH TIERRA MÉXICO, S. DE R.L. DE C.V. ( “TIERRA,” “us,” or “we”) and individuals (“Authorized Users”) who are granted access to the TIERRA Platform by legal entities holding a Service Agreement (“Clients”) with TIERRA for the use of the TIERRA Platform, available at https://tierra.co/, and the use of the different Services offered through this Platform.
- You are required to review these Terms and Conditions to use the Platform. Using TIERRA’s Platform, TIERRA’s Services, and and/or creating a user account imply that you agree to these Terms and Conditions and to our Privacy Notice. These Terms and Conditions also contain information required by Mexican law as per Article 76 BIS of Mexico’s Federal Consumer Protection Act (Ley Federal de Protección al Consumidor, LFPC).
- “Authorized User” means an employee, agent, or representative of the Client who is authorized by the Client to access the TIERRA Platform and use the TIERRA Services the Client has purchased access to through the Service Agreement.
- “Content” means information contained in any format on the TIERRA Platform, including, but not limited to, data, maps, source code, software, text, images, and video.
- “Services” means the offerings TIERRA provides through our Platform or by any other means, which include, but are not limited to, the following:
- Dynamic risk scores: the numerical value TIERRA assigns to specific locations to indicate how safe they potentially are.
- Static risk scores: the numerical value TIERRA assigns to specific routes between two locations to indicate how safe they potentially are.
- Geolocated incidents: the assignment of incidents to geographical points.
- Reports: analytical compilations of data to serve specific purposes.
- Data storage: the keeping of data on TIERRA’s servers or the inclusion of this in our algorithm.
- “TIERRA Platform” or “Platform” means all the Services we provide through our website, http://tierra.co.
Grant of Rights
- Access: Subject to these Terms and Conditions, through the Service Agreement, TIERRA grants Clients the right to access and use our Platform for as long as this agreement is valid.
- Usage: Only the number of Authorized Users included in your payment package can use our Platform.
- Prohibited Uses: Clients are prohibited from taking any action that imposes an unreasonable load on TIERRA’s infrastructure or that of our third-party providers (where TIERRA reserves the right to determine what is reasonable or unreasonable).
Purpose and Scope of Application
- No verbal or secondary contracts can replace the provisions of these Terms and Conditions.
- These Terms and Conditions will apply even after our Services have been terminated and Authorized User account data has been erased, whenever doing so is needed demonstrate or enforce compliance with contractual obligations or legal provisions that affect the use of our Platform.
- The personal data of Clients who use TIERRA’s Platform or Services will be treated as described in our Privacy Notice.
Copyright and Industrial Property
- TIERRA’s internet domain name (http://tierra.co), TIERRA’s brand name, and the Contents of our Platform are TIERRA’s property. We own and reserve all intellectual property rights over them. This applies except when other conditions for the use of specific content or types of content are set out in these Terms and Conditions, in specific conditions for individual Services, or anywhere else on our Platform.
- All intellectual and industrial property rights over our Content and/or Services are reserved in favor of their respective owners, be they TIERRA or third parties who have granted us use of these rights.
- Generally speaking, except when expressly indicated otherwise for specific Content, the reproduction, distribution, and modification of our Content are expressly prohibited in whole or in part except with the express authorization of TIERRA or, where appropriate, the owner of the rights in question.
- Derivative works of TIERRA’s software are expressly prohibited, including works that entail reverse engineering.
- Any activity on the Platform that may interfere with or disrupt our Services or damage our servers and networks is expressly prohibited.
- Users are prohibited from uploading, recording, publishing, posting, linking to, transmitting, distributing content, or otherwise utilize using TIERRA in a manner that advocates, assists, or otherwise encourages violence or any illegal activities.
- Accessing our Services for the purpose of bringing an intellectual property infringement claim against TIERRA is expressly prohibited.
- Clients can use data and information originating from our Platform as part of the Services we provide.
- TIERRA reserves all copyright over all Content contained in or published on our Platform. All other Services are protected under the applicable local or international intellectual property legislation.
- We also reserve the right to terminate accounts that violate or contravene these Terms and Conditions.
- TIERRA is independent of any third-party sponsors and advertisers whose data, images, advertisements, or other promotional material may be published on the Platform or appear as part of our Services.
- Third-party advertising material is not part of the Content published on our Platform nor does it form part of any of our Services. This advertising material is protected by the applicable intellectual and industrial property legislation.
Modifications to the Platform and Services
- TIERRA may make corrections, additions, improvements, or modifications to our Content and Services at any time, whenever we deem this appropriate, at our sole discretion.
- Such changes are not grounds for compensation, nor do they imply any recognition of liability in favor of the Client.
- The pricing of access to TIERRA’s Platform and Services is subject to change.
Modifications to these Terms and Conditions
- TIERRA may modify, update, extend, or otherwise change the content and scope of these Terms and Conditions at any time at our sole discretion. Whenever we do so, we will advise users of these changes through our Platform and any other means of communication we deem appropriate.
- The version of these Terms and Conditions that is published on TIERRA’s Platform shall be deemed the latest version, and Clients and Authorized Users should strive to ensure that they remain aware of this.
- Clients and Authorized Users should review these Terms and Conditions periodically to keep abreast of any modifications to them.
- Each time the Client accesses TIERRA’s Platform or Services, they are assumed to have accepted the latest version of these Terms and Conditions.
Disclaimer of Liability
- The Client expressly agrees to be liable for all risks arising from the use of TIERRA’s Platform and Services.
- The Services and Content that TIERRA provides Clients draw exclusively on data contained in the TIERRA Platform.
- TIERRA cannot guarantee Clients that our Platform or Services will meet the Client’s requirements or expectations, nor that they will be error-free.
- TIERRA cannot guarantee what outcomes Clients will obtain from using our Platform or Services, nor can we guarantee that the information that Clients access through these is accurate or reliable, given that the Platform Contents are continually being updated.
- TIERRA cannot guarantee that we will correct defects in our Services nor that our server is free of computer viruses or other harmful content.
- Should Clients require technical repair services or need to replace their computer equipment or data due to the use of TIERRA’s Platform or Services, TIERRA will not be liable for the cost of their doing so.
- TIERRA recommends that Clients keep backups of their data and content. To the extent permitted by law, in no event shall TIERRA be liable for the unauthorized deletion, loss, or modification of any Client content.
Governing Law and Jurisdiction
- TIERRA’s Platform and Services are aimed at the Mexican and Latin American markets.
- TIERRA’s Services are governed by the laws of the United Mexican States.
- Any dispute relating to the interpretation, implementation, and validity of these Terms and Conditions shall be settled in the competent courts of Mexico City, Mexico.
- The Client waives any other jurisdiction that may apply on the grounds of its current or future address, or for any other reason.
Last updated: November 20, 2019