- 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 Tierra software (the “Platform) after a Software Service Agreement (the “Contract”) is signed between Tierra and the legal entity in question (the “Client”). This software (the “Platform”) is built on a database that allows the risk associated with static and moving locations to be analyzed. The Platform is available on Tierra’s website, www.tierra.co (the “Website”). These Terms and Conditions presuppose an obligation to abide by the rules of use for the different services that Tierra provides through its Platform.
- You must read and accept these Terms and Conditions to use the Platform. Accessing, creating a user account for, and using the resources available on the Platform imply that you accept these Terms and Conditions and our Privacy Notice, wherever applicable. If you do not agree to these Terms and Conditions, in whole or in part, do not use the Platform.
- These Terms and Conditions also set out the information required by United Mexican States legislation, as established in Article 76 Bis of Mexico’s Federal Consumer Protection Act (Ley Federal de Protección al Consumidor, LFPC).
- Tierra’s Platform and Services target the Mexican and Latin American markets. Tierra reserves the right to terminate the accounts of Authorized Users that violate or contravene these Terms and Conditions.
- Authorized User: an employee, agent, or representative of the Client who is authorized by the Client to access the Platform.
- Content: information in any format that is included in the Platform, which includes but is not limited to data, maps, source code, texts, images, videos, databases, technical specifications, industrial secrets, brands, sales notices, brand names, inventions, drawings, reports, analytical and test results, new projects, software, modifications/updates to software, and any intellectual creation contemplated by Mexico’s Industrial Property Law and the Federal Copyright Law.
- Services: the offerings Tierra provides through the Platform or by any other means, which include, but are not limited to, the following:
- Static risk scores: the numerical value Tierra assigns to specific geographic areas to indicate how safe they potentially are.
- Dynamic risk scores: the numerical value Tierra assigns to specific routes between two locations to indicate how safe each route potentially is. The number of searches for each Authorized User will depend on the type of license the Client has contracted.
- Geolocation of incidents: the linking of incidents to the geographical location in which they were reported.
- Reports: compilations of data analytics.
- Data storage: the storing of data on Tierra’s servers for inclusion in our analytics and visualizations.
- Platform: all the services that Tierra provides through our Website.
Platform Access and Use
- Only Authorized Users can access the Platform, based on the Services they have contracted. Likewise, all access to and use of the Platform is exclusively for private purposes, that is, the Client and/or Authorized User is not permitted to sell, resell, lease, or grant a license for use of the platform.
- These Terms and Conditions will apply for ten years after the termination or cancellation of this Contract and the subsequent cancellation of Authorized User accounts, wherever applicable or necessary to demonstrate or enforce compliance with any contractual obligations or legal provisions that are applicable to the use of this Platform.
- The personal data of Authorized Users will be processed as described in the Privacy Notices in force and available on our Website: www.tierra.co/privacy.
Copyright and Industrial Property
- The domain name of the website, the Tierra brand, and the Contents of our Platform— including but not limited to databases, technical specifications, industrial secrets, brands, commercial notices, trade names, inventions, drawings, reports, analysis and test results, new projects, software, modifications/updates to software, and any intellectual property contemplated in Mexico’s Industrial Property Law and Federal Copyright Law—are the property of Tierra, which holds and reserves all intellectual and industrial property rights on these.
- The foregoing applies in all cases except when other conditions for the use of specific Content or a specific type of Content are stated in these Terms and Conditions, in the specific conditions for individual Services, or any other place on the Platform.
- All intellectual and industrial property rights over Content and/or Services are reserved in favor of their respective owners, be they Tierra or third parties who have granted us the use of these rights.
- Generally speaking, except when expressly indicated otherwise for specific Content, actions that include but are not limited to the reproduction, distribution, and modification of any Content on the Platform 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.
- With reference to the preceding paragraph, the redistribution of data generated through the Platform is expressly prohibited. All data generated through the Platform may be used exclusively by the Client and/or the Authorized User and only while the Contract is valid.
- Once the Contract has expired, the data generated through the Platform can no longer be used by the Client and/or Authorized User and must be deleted immediately.
- Derivative works of Tierra’s software are expressly prohibited, including works that entail reverse engineering. Likewise, users are prohibited from engaging in activities that include but are not limited to uploading, recording, publishing, posting, linking to, transmitting, distributing content, or otherwise using the Platform in a manner that advocates, assists, or otherwise encourages violence or any illegal activities for any purposes.
- Accessing the Platform for the purpose of bringing an intellectual property infringement claim against Tierra is expressly prohibited.
- Clients may use data and information originating from our Platform as part of the Services we provide, in accordance with the conditions of this Contract.
- Tierra reserves all copyright and industrial property rights over all Content contained in or published on our Website or Platform and any other Service that is protected under Mexico’s Industrial Property Law, the Federal Copyright Law, and any other applicable local or international intellectual property legislation.
- Tierra will always be independent of any third-party sponsors and/or advertisers whose content—including, but not limited to data, images, advertisements, or other promotional material—may be published on the Platform or Website by these third-party sponsors and/or advertisers.
- Advertising material published by third-party sponsors and/or advertisers is not owned by Tierra nor does it form part of the Content published on our Website or Platform nor does it form part of any of our Services.
Modifications to the Platform and Services
- Tierra may modify, update, extend, or otherwise change its 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 price of accessing 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 Authorized 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 the Platform shall be deemed the latest version of them. Clients and Authorized Users should review these Terms and Conditions periodically to keep abreast of any modifications to them.
- Each time a Client accesses the Platform and/or the Website, they will be deemed to have accepted the latest version of these Terms and Conditions.
Exemption from Liability
- Tierra provides risk analysis based on historical and statistical data to enable Authorized Users of its Platform to obtain information and make better security-related decisions. However, Tierra is not liable for any event that may arise as a result of Client decisions that derive from the use of the Platform.
- Tierra makes the Platform available to Authorized Users as-is at the time of use. Tierra works to the highest statistical and engineering standards; however, it is not liable for the accuracy of the maps, Content, routes, traffic, road conditions, or the safety of Authorized Users of the 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.
- Should Authorized Users 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 any such technical services, repairs, or replacements. Tierra is not liable for any damage and/or injury that arises from the use of the Platform.
- Tierra recommends that Authorized Users keep backups of their data and/or content, as under no circumstances shall Tierra be liable for the unauthorized deletion, loss, or modification of any data and/or content belonging to the Authorized User.
- Tierra does not guarantee that use of the Platform will be uninterrupted, timely, secure, or error-free, nor that we will correct defects in our Platform or any of its parts, nor that these or our Content or the Servers on which the Platform runs are or will be free of computer viruses or other harmful content. Tierra shall not be liable for third-party or supplier service or server failures that may directly affect the Services that Tierra provides through the Platform.
- Tierra and its affiliates or suppliers shall not be liable to the Authorized User under any circumstances for any direct, indirect, incidental, special, exemplary, punitive, or other resulting damages that include, but are not limited to, loss of revenue and expected profits, loss of business opportunities, lost profits, interruption of business, or payment of attorneys’ or experts’ fees or other legal expenses. Under no circumstances shall Tierra be or become liable for any damages caused to the Authorized User by the actions of any third party.
- Where applicable, the liability of Tierra and its subsidiaries shall be limited to the total amount paid by the Client for the Services agreed in the Contract.
Exemption from Liability
- The Authorized User shall receive online support after requesting this through the Platform or by e-mailing email@example.com.
Governing Law and Jurisdiction
- These Terms and Conditions are governed by the laws of the United Mexican States, such that 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.
- As a consequence, both Authorized User and the Client waive any other jurisdiction that may apply on the grounds of its current or future address, or for any other reason.
Last updated: June 17, 2020