The following User Service Conditions (hereinafter, simply as the “Conditions”) govern your access and use of the platform of our learning management system (the “Platform”), as well as the Tools, Experiences and Challenges included in it (hereinafter, as the “Services”).

Please read these Conditions carefully as the terms set forth here apply to you as a User of such Services. If you represent a company or other legal entity, by accepting the Conditions, you declare, under protest of telling the truth, that you have the proper representation to legally bind the company and/or legal entity and, as such, any use you make will be made as its legal representative.

The Platform and all its content are the property of Geekstadium, S. A. P. I de C. V. (hereinafter, “apithy”), while the Conditions set forth herein are legally binding and, therefore, are understood and interpreted as a contract between you and us.

As part of these Conditions, you accept and grant your consent to comply with the most recent version of our Appropriate Uses Policy, incorporated by reference in these Conditions.

If you use the Services and access them, or continue to access or use the Services after receiving a notification of a change in these terms or the Appropriate Uses Policy, you confirm that you have read, understood and agreed to be bound by them.

For this purpose, "we", "our" and "us", currently and without distinction, refer to the entity of apithy, applicable in the Contract.

And, therefore, in your capacity as User and/or Client, you guarantee, from now on, that you will keep the password that you designate to access the services secure, being prohibited from providing it to any third party that does not have the trustworthy quality of User.

Either you are an Authorized User of a space controlled by a Client, or you are the Client yourself. Therefore, your status as a User is a consequence of the contracting that you have carried out or said contracting has been carried out by an organization or third party that we refer to throughout these terms as Client and who has determined the range of Services to which you will have access. Consequently, using the Platform is due to the individual hiring that you have made, or because you are following instructions from your employer (and, in the latter case, the Client is your employer).

The foregoing means that the Client (be you, as such, or any third party) has accepted and granted their consent separately regarding our Conditions of Service to the Client, or has entered into a legal act with Us by signing (in any of these cases, identified as the "Contract"), which allowed you to create and configure the Services and Experiences to which you will have access in such a way that you and other people can use them (each with trustworthy access, including you, who will be referred to in particular and subsequently as "Authorized User”).

When your employer is the one who enters into the contract with Us, the Services include the power to subsequently authorize more Users to join their team or teams. When an Authorized User (including you) submits content or information to the Services, such as messages or files (“Customer Data”), they acknowledge and accept that such Data is the property of the Customer and that the Agreement previously entered into offers many options and control about them. For example: the Client may provide or deny access to the Services, activate or deactivate third-party integrations, manage authorizations and settings, transfer or assign teams, share Experiences or join your team or Experiences to other teams or Experiences, so these options and instructions may affect access, use, disclosure, modification or deletion of certain Customer Data.

Regarding the relationship and/or link between Us and the Client, you accept and acknowledge, from the moment you use the Services, that it is the exclusive and sole responsibility of the Client: (a) to inform you and the other Authorized Users about any policy and relevant practice related to it, as well as any adjustment that may affect the processing of your Data; (b) obtain any right, authorization or consent from Authorized Users that is necessary for the legal use of Customer Data and the management of the Services; (c) ensure that the transfer and processing of Customer Data under the Contract are carried out in a lawful manner; and (d) respond to and resolve any conflict with an Authorized User in relation to or based on Customer Data, the Services, or the Client's inability to comply with these obligations. Consequently, apithy is not responsible or offers any type of guarantee, either express or implicit, in relation to the Services that are provided to you, based on the current condition and its availability.

You must be of legal age: Except to the extent prohibited by applicable laws, the Services are not directed to minors under the age of eighteen, therefore it is prohibited for anyone under this age to use them. Therefore, in this act you declare under protest of saying the truth that, at least, you are eighteen years old and that you are the person to whom the Service is provided on the occasion of the hiring made by your employer as a Client with respect to them or for the hiring that you have personally decided to carry out. It is tacitly understood that no one can use the Services and/or Experiences or access them, whatever the purpose, if any of the previous statements are not true and reliable.

While you are here, you must comply with the rules: To ensure a safe and productive work environment, all Usuarios Autorizados deben cumplir nuestra Authorized Users, must comply with our Appropriate Uses Policy being vigilant in order to report any inappropriate content or behavior that you may notice and that causes injury or damage to the Client and/or Us.

You are a User in your own right, at the discretion of the Client (and/or Us): These Conditions for the User will remain in force until the contract we enter into with you (when applicable) and/or the Client concludes or until the Client or We cancel your access to the Services When applicable, contact the Client if at any time or for any reason you wish to cancel your account.

If we consider that a violation occurs on your part, either to the Contract, the User Conditions, the Appropriate Uses Policy, or any other policy, in most cases we will ask the Client to carry out corrective measures instead of Us Notwithstanding the foregoing, we may intervene and take what we think is the most appropriate action (including deactivating your account) if the Client fails to take such action, or we will intervene if we believe there is an imminent risk of damaging the Platform and/or Us, and/or the Services, and/or Authorized Users, and/or third parties who have the quality of our business partners.

In the event that we have to deactivate your account due to the aforementioned violations, or the Client requests that it be deactivated, you will not have any responsibility, in any case, for any profit or lost income, or for any indirect, special damage, accidental, consequential, coverage or punitive, whatever the cause, whether by Contract, injury or under any other principle of responsibility. However, if the deactivation of your account proceeds due to illegal, illegitimate activity or for having caused direct damage to Us, the Client or any third party, we will have full power to take legal actions that award the monetary responsibility due precisely for damages and also damages caused due to the violation of these User Conditions.

The Conditions set forth herein will be valid and will be in force as long as you continue with the status of User, whatever the reason for which you hold it, and as long as we do not notify you of the update and/or change in them. The sections entitled "The relationship between you, the Client and Us", “General clauses”, as well as the "Limitation of liability" will remain in force even in the event of any term or expiration of the Conditions, the Contract, or the conclusion of your status as User.

Email and apithy messages: Unless otherwise stated herein, all notifications under the Conditions will occur by email, although we may choose to notify Authorized Users through the Services (for example, with a notification on the Platform) at its place. The notifications that you wish to make to apithy must be sent through the internal chat enabled in your account, except those of a legal nature that must be sent to info@apithy.com. A notification shall be deemed to have been duly delivered (a) the day after it was sent, if sent by email; and (b) the same day, in the case of notifications sent through the Services. The notifications under the Contract, will be sent exclusively to those who hold the quality of Client in accordance with the terms of said agreement.

Notice and Privacy Policy: Please review our Notice and Privacy Policy to learn more about how we collect and use personal data related to the use and operation of our Products and Services.

Modifications: As our business evolves, we may change these Terms or the Acceptable Use Policy If we make a substantial change to the Conditions or the Acceptable Uses Policy, we will notify you in the most expeditious way and before the change takes effect, either by writing to the email address associated with your account or by sending you a message. through the Services. You can review the most recent version of the Conditions, whenever you wish, by visiting this page, and the following for the most recent versions of the other legal issues to which we refer: the Acceptable Uses Policy and the Privacy Notice. Any substantial revision of these Conditions will be effective on the date indicated in our notice and any other changes will be effective on the date we publish it. If you use the Services after the effective date of any change, such use will constitute acceptance of the terms and Conditions that were revised.

Waiver: No fault or omission of any of the parties in exercising a right under the Conditions, including the Acceptable Uses Policy, will constitute a waiver of said right. No resignation under the Conditions will be effective unless it is made in writing and is signed by and with the formalities that the law requires for the resignation to be considered accepted.

Partial nullity: The Conditions, including the Acceptable Uses Policy, are established under the principles of the applicable legislation of the territory. However, if at any time a competent court determines that any clause of the Conditions is contrary to the law, the clause will be understood to be modified from the perspective of the court and it will be included in them in a way that complies with the objectives of the original clause. and the remaining clauses of the Conditions.

Assignment: You may not assign any of your rights or delegate your obligations under these Terms, including the Acceptable Uses Policy, by law enforcement or otherwise, without our prior written consent (which will not be denied without reason). However, We may, at any time, assign these Conditions in their entirety (including all the terms and conditions that were incorporated here for reference) without the need to obtain your consent, in favor of any third party with whom a relationship is established. corporate legal.

Applicable law: The Conditions, including the Acceptable Uses Policy and any dispute arising from or related to them, will be governed exclusively by the same applicable law of the Contract, as well as the courts located in the corresponding jurisdiction of the Contract, which they will have exclusive jurisdiction to judge any dispute that arises or is related to these Conditions, including the Acceptable Uses Policy, or its formation, interpretation or compliance. From now on, the parties consent and submit to the exclusive jurisdiction of said courts, renouncing any other jurisdiction or present or future jurisdiction. In any action or proceeding to exercise the rights under the Conditions, the prevailing party may recover reasonable expenses and attorneys' fees incurred.

Entire Agreement: The Conditions, including any terms incorporated by reference thereto, constitute the entire agreement between you and entre tú y Us, and supersede any other prior and contemporaneous oral or written agreement, proposal or representation, regarding the subject matter. In case of conflict or inconsistency between the clauses of these User Conditions and the pages referenced in them, the terms of the Conditions will prevail; however, if there is a conflict or inconsistency between the Contract and the User Conditions, the terms of the Contract will prevail, followed by the clauses of these Conditions and then the pages referenced in the latter (such as the Acceptable Uses Policy and the Privacy Policy). The Client will be responsible for notifying Authorized Users of such conflicts or inconsistencies and, until that moment, the terms established herein will be binding.

Do not hesitate to contact us if you have any questions about apithy's Terms of Service to the User You can write to us at info@apithy.com.

This Appropriate Uses Policy establishes a series of acceptable and unacceptable behaviors for or related to our Services. If we consider that the violation of the Policy is deliberate, repeated or presents a risk of imminent harm to other Users, our Clients, the Services or any third party, we may suspend or eliminate your access. This Policy may change as apithy, grows and evolves, so please check back for updates and changes regularly.
The capitalized terms used below, but which are not defined in this Policy, have the meaning established in the User's Terms of Service.

• Comply with the User Service Conditions, including the terms of this Appropriate Uses Policy.
• Comply with all applicable laws and government regulations, including, but not limited to, all intellectual property, data, privacy, etc.
• Transfer and disseminate only the data that the Client thus allows and that is only consistent with the applicable laws.
• Carry out all necessary measures, reasonably within your power, to prevent unauthorized access or use of the Services.
• Keep passwords and all login information confidential.
• Monitor and control all activity carried out through your account in relation to the Services.
• Notify us in a timely manner if you know or reasonably suspect any illegal or unauthorized activity or the existence of a security breach in your accounts or equipment, including loss, theft, unauthorized disclosure or use of a username, password or account.
• Comply with all aspects of the User Conditions.

• Allow any third party, other than an Authorized User, to access or use a username or password for the Services.
• Share, transfer or provide access to an account that has been exclusively designated for you or another person.
• Use the Services to store and/or transmit Customer Data with the intention of infringing or misappropriation of intellectual property content, including, but not limited to, trademark(s) and rights copyright, or any third party intellectual property; or use the services fraudulently or illegally.
• Transfer or transmit, from the Services, data, files, software or links that contain or redirect to a virus, Trojan horse, worm or other harmful component, including the use of any technology that seeks to illegally access or download content or information stored within the Services or on the hardware of apithy or some third party.
• Attempting to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or interrupt the functions, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), policy-cookies.html, any use of the Services by third parties, or any third party data contained herein (except to the extent such restrictions are prohibited under applicable law).
• Attempting to gain unauthorized access to the Services or related systems or networks or to thwart, avoid, divert, remove, disable or circumvent any software protection or control mechanism of the Services
• Access the Services in order to create a similar or competitive product or service, or copy ideas, features, functions or graphics from the Services.
• Use the Services in any way that causes harm to minors or interacts with or addresses people under the age of thirteen.
• Impersonate any person or entity, including, but not limited to, one of our employees, an "Administrator", an "Owner" or any cualquier Authorized User; you must also not falsely state or misrepresent your affiliation with a person, organization or entity.
• Use the Services to provide support or material resources (or hide or disguise the nature, location, source or ownership of support or material resources) to any organization that has the same business or activity as apithy.
• Access or seek to create accounts for the Services by means other than our publicly supported interfaces (for example: "scraping" or creating multiple accounts).
• Send unsolicited communications, promotions, advertising or junk mail.
• Place advertising with an apithy client.
• Submitting altered, misleading, or false source(s) identification information, including "spoofing" or "phishing."
• Abusing referrals or promotions to obtain more credits than deserved.
• Sublicense, resell, share or exploit the Services in a similar way.
• Access or use the Services on behalf of or for the benefit of any patent assertion entity.
• Use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users who are not within the Services without your express authorization or authority; nor create or distribute mailing lists or other compilations of contact or user profile information for Authorized Users for use outside of the Services.
• Authorize, allow, enable, induce or promote any third party to do the aforementioned.
• In general, carry out conduct or activities contrary to those established by law.

Do not hesitate to contact Us if you have any questions about apithy Appropriate Use Policy through the email info@apithy.com.