These general terms and conditions of use (the “Terms and Conditions”) regulate the access and/or use of the website https://www.vinkos.com/ (hereinafter, the “Website”) owned by Vinkos Tecnología, S.A. de C.V. (hereinafter “Vinkos”), a company legally constituted in accordance with the laws of the United Mexican States, with domicile at Homero street, number 203, 2nd Floor, Chapultepec Morales, Miguel Hidalgo Territorial Demarcation, Z.C. 11570, Mexico City.

Vinkos Terms and Conditions establish the methods of use of the Website, whereby the user gives their express, free, informed, specific, and unequivocal consent regarding the Products and/or Services (hereinafter defined) promoted on the Website, which may only be contracted by individuals with the legal and economic capacity to contract. Minors or Website users who have been temporarily suspended or permanently disabled may not use the products and services.

To access, use, and contract Vinkos  Products and/or Services, these Terms and Conditions, as well as the Privacy Policy, must be accepted.

1. PRODUCTS AND SERVICES

The services offered by Vinkos through the Website (the “Products and/or Services” or “Generated Content”) include, but are not limited to, the following:

• Data Engineering
• Data Science
• Data Ops
• Fraud Ring Detection
• Productivity Solutions with Generative Artificial Intelligence
• Real-time data ingestion solutions
• Development and orchestration of data integration processes with the Vinkos information engineering framework

2. ACCESS TO THE WEBSITE.

User access to the Website is free, except for the cost of connection through the telecommunications network supplied by the access provider (ISP) contracted by the User, which shall be their exclusive responsibility without any liability for Vinkos.

Users who wish additional information about the Products and/or Services offered by Vinkos may contact them through the following means:

1. By filling out the form available at: https://vinkos.com/contacto/
2. Through the telephone number 525526241785; or

• By sending an email to the address informacion@vinkos.com.

In any case, and for better attention and support from Vinkos, the user must provide the following data: (i) full name; (ii) email; (iii) Company; and (iv) telephone (hereinafter “Personal Data”).

Users declare their responsibility that the Personal Data provided to Vinkos is: current, accurate, truthful, and authentic and that it will be subject to the provisions indicated in the Privacy Notice.

4. GENERAL RULES FOR WEBSITE USE.

The User undertakes to make proper use of the content of the Website and not to use it to carry out illicit activities or criminal acts that violate the rights of third parties and/or infringe any current regulation or other applicable legal norms.

The User’s obligations are as follows:

1. Not to make unauthorized or fraudulent use of the Website or any information provided by Vinkos;
2. Access or attempt to access restricted resources of the Website or Vinkos;

• Use the Website for illicit or illegal purposes or effects, contrary to what is established in these Terms and Conditions;

1. Cause damage to the Website and/or Vinkos, in the systems of its clients, providers, or third parties;
2. Cause or launch any program or script with the purpose of extracting, indexing, analyzing, or otherwise performing data prospecting of any part of the Website content or unduly overloading or blocking the operation and/or functionality of any aspect of the Website content;
3. Attempt to obtain unauthorized access or damage any aspect of the Website content or its related systems or networks;

• Attempt to access, use, and/or manipulate the data of the Website and/or Vinkos;
• Not to introduce or disseminate content or propaganda of a racist, xenophobic, or, in general, discriminatory, pornographic nature, or that advocates terrorism or that harms, violates, or could harm or violate human rights;

1. Not to introduce or disseminate data programs (viruses and/or harmful software) into the network capable of causing damage to the computer systems of Vinkos and/or the Website, its providers, third parties, or, in general, any ‘Internet user’;
2. Not to disseminate, transmit, or make available to third parties any type of information, element, or content that infringes fundamental rights and public liberties constitutionally recognized and in international treaties;
3. Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes illicit or unfair advertising;

• Not to transmit unsolicited or unauthorized advertising, promotional material, “junk mail or spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose through express communication from Vinkos, duly and timely communicated on the Website;
• Not to introduce or disseminate any false, ambiguous, or inaccurate information and content in a way that misleads the recipients of the information;
• Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks, or copyright that may belong to Vinkos, the Website, clients, providers, or third parties;

1. Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of the secrecy of communications and personal data legislation and, in general, all legal norms that regulate the protection and promotion of respect for the private life and intimacy of individuals and their families.

Any user who infringes one or more of the obligations listed above will be temporarily suspended or permanently disabled.

The User undertakes to hold Vinkos, its affiliates, controlled and/or controlling companies, shareholders, directors, representatives, and employees harmless against any possible claim, fine, penalty, sanction, or indemnification of any nature, derived from the User’s breach of any of the rules indicated in these Terms and Conditions and other policies understood to be incorporated into this instrument, including reasonable attorney’s fees.

In addition to the foregoing, Vinkos is not limited to exercising or initiating any legal action or proceeding against the User who makes improper use of the Website and consequently infringes any policy that causes any damage or harm to Vinkos.

6. LIMITATION OF LIABILITY.

Vinkos guarantees continuous and uninterrupted access and use of the Website; however, it states that the products and services provided through the Website may eventually be unavailable as a result of technical difficulties or internet failures, or for any other circumstance beyond and not attributable to Vinkos; in such cases, it will endeavor to reestablish them as quickly as possible without thereby incurring any type of liability.

Vinkos will not be responsible for any error or omission of content on the Website.

It is the User’s responsibility, in any case, to have adequate tools to detect and disinfect harmful computer programs.

Vinkos is not responsible for damages or losses of any kind caused to the User’s computer equipment or smartphones due to failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of Website services during their provision.

7. OWNERSHIP OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The User acknowledges and accepts that all intellectual and industrial property rights over the generated content and/or any other elements inserted on the Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to Vinkos.

The Content Generated and/or published on the Website and all rights related thereto are and will remain the property of Vinkos, for which reason it shall under no circumstances be understood that rights have been transferred or granted to the User: (i) over or in relation to the products or services, (ii) to use or mention in any way the company names, logos, product and service names. (iii) remove any copyright, trademark, or other proprietary notice from the Generated Content; (iv) reproduce, modify, prepare derivative works from the Generated Content, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit, or otherwise exploit the Generated Content, except as expressly permitted by Vinkos; (v) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law.

8. INFORMATION PRIVACY.

Personal data collected from users will be processed and stored in accordance with the Federal Law on Protection of Personal Data Held by Private Parties. For more information, the user may consult the Privacy Notice available at https://www.vinkos.com/.

9. R.C.O. RIGHTS.

The Holder of the Personal Data provided to Vinkos is responsible, in any case, for the veracity, accuracy, validity, and authenticity of the information provided, and undertakes to keep it duly updated.

The Holder may:

1. know the personal data held by Vinkos and the details of its processing;
2. rectify their personal data if it is inaccurate;

• cancel the processing of personal data when they consider it to be excessive or unnecessary for the purposes that justified its collection; and

1. oppose the processing of their personal data for specific purposes.

At all times, the Holder may revoke the consent granted for the processing of their Personal Data, in order to stop using them, in case they require to limit the use and/or disclosure of personal data or, to exercise any of their rights of access, rectification, cancellation or opposition (ARCO Rights), they must direct their request: (i) to the email mariam@vinkos.com, needing to confirm the reception of said document by phone at 55 2624 1785, Monday to Friday from 10:00 to 13:00 hours, on business days, as applicable.

For the above, they must inform Vinkos, clearly and precisely, the personal data that the Holder wishes to be rectified, canceled or reviewed, as well as the purpose for which they provided them and, in general, comply with the requirements mentioned in art. 28 of the Federal Law on Protection of Personal Data Held by Private Parties:

• Full name of the Holder and their address, or any other means to receive notifications;
• The documents that prove the identity of the Holder or, where appropriate, the identity and legal representation of their representative;
• A clear and precise description of the personal data for which they seek to exercise any of the ARCO rights, unless it is the right of access;
• The description of the ARCO right that is intended to be exercised, or what the Holder requests; and
• Any other element or document that facilitates the location of personal data.

Vinkos will have a period no longer than 20 business days after receiving the referred request to respond to it, and 15 more business days to make the requested right effective, if applicable. The aforementioned deadlines may be extended for an equal period, as long as the circumstances of the case justify it.

Vinkos reserves the right to modify the content of these Terms and Conditions at its sole discretion, as well as to suspend, change, terminate, and/or exclude the Products and/or Services. Similarly, Vinkos reserves the right to make, at any time, any modification or update of its content of the Products and/or Services in general, of all elements that make up the design and configuration of the Website and the corresponding access and use conditions.

Changes may be made by Vinkos, at its discretion, at any time and without prior notice. In such case, Vinkos will notify of the corresponding modifications through its Website.

11. BINDING EFFECT

These Terms and Conditions are mandatory and binding on all Website Users, as well as clients and/or potential clients. Therefore, any person who accesses and/or uses the Website expressly accepts these Terms and Conditions in each and every one of its parts, attributing to whoever does so the quality of User.

By accepting these Terms and Conditions, the User declares:

1. That they have read and understand the legal scope of what is established in these Terms and Conditions;
2. That they are a person with full capacity and legal age to contract in accordance with the legislation of the United Mexican States;

• Not having been previously suspended and/or temporarily or permanently disabled by Vinkos from using the Services and/or Products; and

1. That it is their will to be bound by the clauses provided in this document.

12. APPLICABLE LAW AND COMPETENT JURISDICTION.

These Terms and Conditions shall be governed and interpreted by the current federal legislation in the United Mexican States, particularly with regard to data messages, electronic contracting, and e-commerce. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Mexico City for the interpretation, scope, fulfillment, or controversy arising from this document or the relationship between them, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or any other cause by which they may acquire it.