1. Acceptance of the Terms of Use and Service Conditions.
1.1 Terms of Use and Service Conditions:

This document contains the terms and conditions (the "Terms of Use") under which CONSULTORÍA EN EXPERIENCIA DEL CLIENTE S.A. DE C.V. (hereinafter Customer Experience Consulting), a company duly incorporated under the laws of the Republic of Mexico, offers services to customers who access the platform (the "Customers"), located at www.kindorse.com and kindorse.com/administracion (the "Website" and "administration panel" respectively), and register on it to receive our services as well as users (“Users”) who use the Kindorse application (“Kindorse”), which is owned by CONSULTORÍA EN EXPERIENCIA DEL CLIENTE S.A. DE C.V. Both Users and Customers are subject to the General Terms and Conditions, along with all other policies and principles that govern Customer Experience Consulting and are incorporated herein by reference. By accepting this document, prior to the provision of services, by using any service of the site, Users as well as Customers state: (i) that they have read and understood these Terms and Conditions and; (ii) give their consent in relation to such terms and conditions; Users, by continuing to use the services of the Website, also accept the laws and regulations in accordance with the current and applicable legislation for the use of the Website.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

Users may receive emails from Customer Experience Consulting for the purpose of sending coupons they have requested when using Kindorse at any establishment or may be contacted by Customers to address a complaint they had or to offer them promotions and invitations. Customer Experience Consulting is not responsible for the use that Customers make of the emails provided by Users.
If they do not want to receive emails, they can change their email preferences to stop the emails even if they have previously requested them to obtain a coupon.

Order of competent authorities - Legal requirements

Customer Experience Consulting cooperates with the competent authorities and other third parties to ensure compliance with the laws, for example in the matter of protection of industrial and intellectual property rights, fraud prevention and other matters. Customer Experience Consulting may disclose the Personal Data of its users at the request of the competent judicial or governmental authorities for purposes of investigations conducted by them, even if there is no order or executive or judicial subpoena, or for example (and without limitation to this assumption) when it comes to criminal or fraud investigations or those related to computer piracy or copyright infringement. In such situations, Customer Experience Consulting will cooperate with the competent authorities to safeguard the integrity and security of the Community and its users.

Customer Experience Consulting may (and users expressly authorize it to) communicate any Personal Data about its users for the purpose of complying with applicable regulations and cooperating with the competent authorities to the extent that we discretionarily deem it necessary and appropriate in relation to any investigation of an illegal act or fraud, infringement of industrial or intellectual property rights, or any other illegal activity or that may expose Customer Experience Consulting or its users to any legal liability. In addition, we may (and users expressly authorize it to) communicate their email address to participants in Customer Experience Consulting's Intellectual Property Protection Program in the form that, at our discretion, we deem necessary or appropriate in relation to fraud investigation, infringement of industrial or intellectual property rights, piracy, or any other illegal activity. This right will be exercised by Customer Experience Consulting for the purpose of cooperating with the enforcement and execution of the law, regardless of whether there is a judicial or administrative order to that effect.

Additionally, Customer Experience Consulting reserves the right (and you expressly authorize us to do so) to communicate information about its users to other users, entities or third parties when there are sufficient grounds to consider that the activity of a user is suspected of attempting or committing a crime or attempting to harm other people. This right will be used by Customer Experience Consulting at its sole discretion when it considers it appropriate or necessary to maintain the integrity and security of the Community and its users, to enforce the General Terms and Conditions and other site policies and to cooperate with law enforcement and compliance. This right will be exercised by Customer Experience Consulting regardless of whether there is a judicial or administrative order to that effect.

Users and Customers must read, understand, and accept all the conditions established in the General Terms and Conditions and the Privacy Notice as well as in the other documents incorporated therein by reference, prior to their use of Kindorse.

1.2 Power of Customer Experience Consulting to modify the Terms of Use of the service:

The User and the Customer (for all purposes of these Terms of Use) acknowledge that Customer Experience Consulting may review these Terms of Use at any time; likewise, the User and the Customer accept that Customer Experience Consulting may, at any time, modify the stipulations contained therein. Consequently, the User and the Customer are obliged to review the Terms of Use periodically. The foregoing, with the understanding that the use of the Website and/or the services it offers is considered as tacit acceptance of the Terms of Use and the modifications made to it under this clause. All modified terms will take effect 10 (ten) days after their publication. Within 5 (five) days following the publication of the introduced modifications, the Customer must communicate by email if they do not accept them; in that case, they will be disabled as a Customer. Once this period has expired, it will be considered that the Customer accepts the new terms and the contract will continue to bind both parties.

1.3 Capacity:

The Services are only available to people who have the legal capacity to contract. People who do not have this capacity (people who are in a state of interdiction or incapacity), minors, and Customers of Customer Experience Consulting who have been temporarily suspended or permanently disabled cannot use the services.

1.4 Registration:

The Customer will access their session ("Account") by entering their Username and chosen personal security key ("Security Key") in both the administration panel (www.kindorse.com/administracion) and in Kindorse. The Customer is obliged to keep their Security Key confidential. The Account is unique and non-transferable. The Customer agrees to notify Customer Experience Consulting immediately and by appropriate and reliable means, of any unauthorized use of their Account, as well as the entry of unauthorized third parties into it. It is clarified that the sale, assignment, or transfer of the Account (including reputation and ratings) is prohibited under any title. Customer Experience Consulting reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or expose the reasons for its decision and without generating any right to compensation or indemnification.

2. Services of Customer Experience Consulting to Users; obtaining coupons.

About Customer Experience Consulting and our coupon system. Kindorse is a platform where Users can voluntarily provide their email address, through which purchase coupons will be granted; once the coupons are obtained, Users can redeem them for their content, which includes promotions offered by the registered branches of the Customers, contractually with Customer Experience Consulting (the "Branches").
(i) Customer Experience Consulting owns all rights, titles, and interests in and to the Customer Experience Consulting programs, including, without limitation, intellectual property rights and any improvement, modification, extension, or enhancement thereto. You agree not to decipher, decompile, disassemble, reconstruct, translate, or discover any of the Customer Experience Consulting programs, intellectual property or ideas, algorithms, file formats, programming, or operation as a whole.
(ii) Customer Experience Consulting owns all rights, titles, and interests in and to all data provided by its customers or end users related to Customer Experience Consulting programs ("Customer Data").

2.1 Use of the Kindorse program and its administration panel:

The Branches: (i) will use the programs of Customer Experience Consulting S.A. de C.V., including Kindorse and its administration panel, only for internal business purposes, and (ii) may not, by themselves, through any affiliate or any third party (a) sell, rent, lease, license or sublicense, distribute or transfer the programs of Customer Experience Consulting S.A. de C.V., (b) modify, change, derive works, decipher, decompile, disassemble, reconstruct, translate or discover the source code of the underlying ideas, algorithms, file formats, programming, or interoperability interfaces of the programs of Customer Experience Consulting S.A. de C.V., (c) copy any tangible version of the programs of Customer Experience Consulting S.A. de C.V.

2.4 Obtaining coupons:

The activity that allows a User to obtain coupons is to provide their personal email and answer a service survey through Kindorse at the Branch they have attended. The coupons have an expiration date, belong to a single Establishment or chain of Establishments, and are non-transferable between User accounts.

2.5 Use of coupons to obtain benefits:

The coupons that each User obtains in their email can then be redeemed by printing them or not, depending on whether the coupon states the instruction, at the branch to which it belongs for the promotion established in its wording. The validity of each coupon and redemption days are established in the body of the coupon. Customer Experience Consulting and the Branches do not redeem coupons for cash, nor any other type of benefit or consideration.

2.6 Rights and scope of use of Global Points:
2.7 Responsibility of Customer Experience Consulting regarding Rewards published by Establishments in the mobile application:

The publication of promotions by coupons will be made exclusively by Customer Experience Consulting, this to protect the interests of the Branches and maintain control. Customer Experience Consulting does not guarantee that the Branches will fulfill the promotions offered to Users in the coupons. Consequently, Customer Experience Consulting assumes no responsibility for any damages or harm that may be caused to the User if the Branches do not respect the promotions of the issued and sent coupons. Notwithstanding the foregoing, in the [Contact] section, Users can inform Customer Experience Consulting of any mishap they have had when redeeming the offer at any of the Branches. Customer Experience Consulting is obliged to forward the User's complaint to the Branch and, if applicable, to forward the Branch's response to the User; likewise, Customer Experience Consulting may, if deemed necessary, terminate relationships with the Branch that repeatedly violates its commercial commitments.

3. Use of the Website.
3.1 Use of Customer Experience Consulting Content and Intellectual Property:

Users of the Website and the administration panel acknowledge and accept that the content of this page is Customer Experience Consulting Property Content and, where applicable, of the Branches that have granted Customer Experience Consulting the rights to reproduce their material in the administration panel, and that this information is protected under Mexican laws and international treaties on industrial and intellectual property. For the purposes of these Terms of Use, Customer Experience Consulting Property Content ("Customer Experience Consulting Property Content") includes, but is not limited to, text, graphics, images, video, logos, button icons, software, applications, and other content of the Website and administration panel. All content of the Website administration panel is Customer Experience Consulting Property Content and/or property of its content providers or the establishments and is protected by copyright laws in Mexico and other countries.
The User and Customer acknowledge and accept that any unauthorized use of the content of the Website and, in the case of customers, also of the administration panel could constitute a violation of the applicable industrial or intellectual property provisions in Mexico and other countries. The User and Customer must not sell or modify Customer Experience Consulting Property Content; likewise, the User and Customer are prohibited from reproducing, displaying, publicly performing, distributing, or using Customer Experience Consulting Property Content for any public or commercial purpose. The User and Customer must not copy or adapt in whole or in part the programs or applications, including the HTML, PHP, FLASH code, that allow the operation of the Website, administration panel, and its services, developed by Customer Experience Consulting.

3.2 Access to the Website:

Access to the website is free, except for the cost of the connection through the telecommunications network provided by the access provider (ISP) contracted by the User or Customer, which will be at their exclusive charge.

3.3 Registration; quality of information; receipt of advertising:

Unless Customer Experience Consulting authorizes otherwise, access to the content of the website will not require User or Customer registration. However, the use of certain services will be conditioned on prior registration of the User, Customer, or potential Customer. When a User or potential Customer registers on the Website, we assume that they are the owners of the personal data provided. Users, Customers, and potential Customers should avoid registering other people, in order not to compromise the quality of the data stored by the Website from third parties; whether or not they are the owner of the data, the User, Customer, or potential Customer is obliged to verify that the information they provide to Customer Experience Consulting, whether their own or third parties', for registration on the Website is complete and correct (hereinafter "User Information"). The Website establishes in the registration form the information that is necessary to be able to provide services to Customers. Customer Experience Consulting is concerned with requesting the minimum necessary and relevant personal data from Users/Customers. Customer Experience Consulting may use various means to maintain the quality of the information of Users and Customers, but is not responsible for the quality of the information, whether its own or third parties', that Users and/or Customers make available to the Website. Users and Customers are responsible for ensuring that personal data is accurate, complete, relevant, correct, and kept up to date.
By registering and signing these Terms and Conditions, the User and Customers authorize Customer Experience Consulting to send them notices, coupons, event invitations, and generally any type of advertising. If at any point the User wishes to stop receiving messages, the User can opt-out.

4. General Rules.

Customers are prohibited from using the Website and administration panel to transmit, distribute, store, or destroy material, including without limitation, Customer Experience Consulting Property Content in cases where such use: (a) causes the violation of any applicable law; (b) infringes the copyright, trademarks, trade secrets, or other intellectual or industrial property rights of third parties; (c) violates the confidentiality, privacy, or other rights of third parties, or; (d) results in the publication of defamatory, obscene, threatening, injurious, or derogatory material. Customer Experience Consulting reserves the right to suspend the use of the administration panel to any Customer who performs acts that contravene this section; likewise, Customer Experience Consulting may suspend the use of the administration panel to any Customer when the suspension is ordered by a competent authority.

4.1 Website and mobile application security rules:

Users and Customers are prohibited from violating or attempting to violate the security of the Website, administration panel, and Kindorse; the aforementioned subjects are prohibited, among other actions: (a) accessing data they are not authorized to use or logging into a server or an account they do not have authorized access to; (b) attempting to probe, scan, or test the vulnerability of a computer system or network or breach security or authentication measures without proper authorization; (c) attempting to interfere with the use of any other User or Customer, hosting service, or network, including, without limitation, transmitting a virus to the Website or administration panel; causing saturation of such sites through "flooding," "sending unsolicited email" (spamming), "mail bombing," or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. The User and Customer acknowledge that violations of computer system or network security may result in civil or criminal liability. Customer Experience Consulting will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; Customer Experience Consulting will cooperate with the competent authority in the investigation of such violations under the terms established in the applicable legislation.

5. Information privacy:

To use the Services offered by Customer Experience Consulting, Customers must provide certain data. Your information is processed and stored on servers or magnetic media that maintain high standards of physical and technological security and protection. For more information on the privacy of Data and cases in which information will be disclosed, you can consult our Privacy Notice.

6. Limitation of liability of Customer Experience Consulting:

The User's access to the Website or administration panel does not imply an obligation for Customer Experience Consulting to inform, control, or act regarding the absence or presence of viruses, worms, or any other harmful computer element. Users or Customers cannot hold Customer Experience Consulting liable, nor demand compensation under any concept, for damages resulting from technical difficulties or failures in the systems or on the internet. Customer Experience Consulting does not guarantee continuous and uninterrupted access and use of the Website and administration panel. The Website and administration panel may eventually be unavailable due to technical difficulties or internet failures, or for any other circumstance beyond and not attributable to Customer Experience Consulting. Customer Experience Consulting is not responsible for damages or losses of any kind caused to the User or Customer due to failures or disconnections in telecommunications networks that result in the suspension, cancellation, or interruption of the Website and administration panel services during the provision of the same or beforehand. Customer Experience Consulting is not responsible for the authorizations, permits, and/or licenses that the Branches require from the corresponding authorities for the commercialization of their products and/or the provision of services, including, but not limited to, obtaining licenses for the sale of alcoholic beverages, to promote Rewards and Rewards in terms of advertising and consumer protection laws.

7. Intellectual property. Links

The content of the screens related to the services of Customer Experience Consulting as well as the programs, databases, networks, and files that allow the Customer to access and use their Account, are the property of Customer Experience Consulting and are protected by copyright laws and international treaties on copyright, trademarks, patents, models, and industrial designs. The improper use and total or partial reproduction of such content are prohibited, except with the express and written authorization of Customer Experience Consulting. The Site may contain links to other websites which does not indicate that they are owned or operated by Customer Experience Consulting. Since Customer Experience Consulting has no control over such sites, it is NOT responsible for the content, materials, actions, and/or services provided by them, nor for damages or losses caused by their use, whether directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, or endorsement of Customer Experience Consulting to such sites and their content.

8. Processing of personal data
8.1 Obtaining Personal Data:

During the interaction of Users and Customers with the Website, Customer Experience Consulting may collect and process personal data from Users, under the terms of the Privacy Notice disclosed on the Website.

8.2 Information transfers to Branches:

Customer Experience Consulting may transfer personal data of Users to the Branches under the terms of the Privacy Notice; in particular, personal data transfers occur when: (i) the Branch, as the data controller, under the terms of the corresponding Privacy Notice, obtains personal data from Users through questions asked by Customer Experience Consulting, always to improve their services; (ii) when Users express their consent for Customer Experience Consulting to transfer or remit their personal data to the Branch, this consent is established by accepting the terms and conditions herein. Customer Experience Consulting requires Branches to have appropriate security measures and comply with the provisions of the Federal Law on Protection of Personal Data Held by Individuals.

8.3 Independence between the parties:

The Agreement shall not be construed as the creation or constitution of an association, merger, or agency relationship between the parties. Neither party has the power to bind the other or incur obligations on behalf of the other without the prior written consent of the other. This agreement does not create any partnership, mandate, franchise, or employment relationship between Customer Experience Consulting and the User.

8.4 Information Security:

Customer Experience Consulting does not own security infrastructure but contracts internet hosting services with specialized service providers in data storage and information security. These providers guarantee Customer Experience Consulting that their personal data is protected according to the standards established in the Federal Law on Protection of Personal Data Held by Individuals.

8.5 System failures:

Customer Experience Consulting is not responsible for any damage, harm, or loss to the Customer and User caused by system failures, server failures, or the internet. Customer Experience Consulting is also not responsible for any virus that may infect the User's or Customer's equipment as a result of accessing, using, or examining its website or as a result of any data, file, image, text, or audio transfer contained therein. Users or Customers CANNOT hold Customer Experience Consulting liable or demand payment for lost profits due to technical difficulties or failures in the systems or the internet. Customer Experience Consulting does not guarantee continuous or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or internet failures, or for any other circumstance beyond Customer Experience Consulting's control; in such cases, efforts will be made to restore it as quickly as possible without any liability being attributed to it. Customer Experience Consulting is not responsible for any errors or omissions contained on its website.

9. Indemnification:

The User and Customer agree to defend and hold harmless, indemnify and hold harmless Customer Experience Consulting, its officers, directors, employees, and agents from and against any claim or action, including without limitation, legal and tax fees resulting from: (i) any User or Customer Property Content that the User or Customer provides to the Website, administration panel or Kindorse; (ii) any use made by the Customer or User of Customer Experience Consulting Property Content, or; (iii) any breach of the Terms of use. Customer Experience Consulting will immediately notify the User or Customer of such claims, lawsuits, or proceedings and will assist, at the User's or Customer's expense, in their defense in such claim, lawsuit, or proceeding.

10. General provisions:

Mexico. Access to Customer Experience Consulting Property Content may not be legal for certain people or in certain countries. If the User or Customer accesses Customer Experience Consulting Property Content from outside Mexico, they do so at their own risk and are responsible for complying with the laws within the jurisdiction in which they are located. These Terms of Use are governed by Mexican laws, without consideration of conflict of law principles.

11. Applicable law and jurisdiction:

These Terms of Use are governed by the laws of the United Mexican States. Therefore, for the interpretation and fulfillment of this contract, as well as for everything that is not expressly stipulated herein, the parties submit to the jurisdiction of the competent courts of Mexico City, expressly waiving any other that may correspond to them due to their present or future domicile.

12. Termination:

These Terms of Use will remain in effect as long as the User or Customer continues to use the Website, administration panel, and Kindorse. Notwithstanding the foregoing, Customer Experience Consulting reserves the right to terminate this contract at its sole discretion for breach of these Terms of Use or any other cause it considers sufficient.

13. Contact details for complaints and clarifications:

CONSULTORÍA EN EXPERIENCIA DEL CLIENTE S.A. DE C.V. is a Mexican company with its address at Privada Cuernavaca #624, Colonia Buenos Aires, Monterrey, Nuevo León, C.P. 64800; for any complaints or clarifications, contact us at 8113829065 or write to us at: [email protected]. By accepting these Terms of Use, through the form that Customer Experience Consulting has provided for this purpose, a binding contract is created between the Customer and Customer Experience Consulting, under the terms described herein.

Privacy Notice

In compliance with the Federal Law on Protection of Personal Data Held by Individuals LFPDPPP (the "Law"), we protect and safeguard your personal data to avoid damage, loss, destruction, theft, loss, alteration, as well as the unauthorized processing of your personal data. Through this means, we inform everyone of the terms and conditions of the Personal Data Privacy Notice, hereinafter "Privacy Notice," with its tax address at Privada Cuernavaca #624, Col. Buenos Aires, Monterrey, Nuevo León.

Information we collect.

This site does not require any mandatory personal data from visitors; however, in case they are provided or access our services by filling out online forms, all the information entered in these is provided by you freely and voluntarily and will be treated with absolute confidentiality and will not be made available to any third party unless you authorize it previously, or an authority requires us as explained below. Most of these forms can be filled out anonymously; however, some of the services we offer on this site may require contacting the user at their email address; this action is carried out only and exclusively if the user accepts this condition when sending us their data.

The type of possible Information that may be requested includes, but is not limited to, your name, email address, phone number, personal comments, among others, not all the Information requested when participating on the site is mandatory to provide, except for what we deem convenient and will be made known.

You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and users.

All your data is transferred to an external database on equipment not connected to the Internet, under the strictest control and verification of integrity procedures.

By using this site, you expressly consent to your personal data being processed according to the terms and conditions of this Privacy Notice.

How we use your information.

Your email address, in case you have freely and voluntarily provided it, is used solely to respond to your messages.

In the case of forms where your name or phone number is requested, this data would be used solely by our authorized personnel to contact you personally and address the request you have made to us.

Third-party access to your information.

As a general principle, this site does not share or disclose information obtained, except when expressly authorized by the visitor, or in the following cases:
a) When required by a competent authority and prior compliance with the corresponding legal procedure and
b) When in the judgment of this site, it is necessary to enforce the terms of use and other terms of this page or to safeguard the integrity of other users or the site.

If our site receives information from a visitor describing an act that may constitute a crime, this could be sent to the corresponding authorities, and in compliance with verification and control procedures previously established with them.

Security and control measures to protect your personal data. We have implemented technical, logistical, administrative, and physical security measures to protect your personal data, which we also require to be complied with by third parties who may have access to it.

All the information and personal data that you freely and voluntarily provide to us through the use of our website www.kindorse.com and its different redirecting domain names, are transferred to a database owned by Customer Experience Consulting to store it and prevent its loss, misuse, or alteration. Notwithstanding the foregoing, this does not guarantee its security, nor that it can be intercepted, altered, or extracted by third parties when sent over the Internet.

How can you exercise your ARCO rights and revoke the consent granted?

You are the owner of your personal data and may exercise ARCO rights (Access, Cancellation, Rectification, and Opposition to the processing of your personal data), or revoke the consent you have granted to Customer Experience Consulting for the processing of your personal data, by directly sending your request to the person responsible for the handling and administration of personal data described in the previous section. This request must contain at least: (a) name and email address or other means to communicate the response to your request; (b) documents proving your identity or, where appropriate, legal representation; (c) a clear and precise description of the personal data for which you seek to exercise any ARCO rights, (d) express statement to revoke your consent to the processing of your personal data and therefore, to stop using them.

Remember that you can exercise your ARCO rights, under the LFPDPPP Law, from January 6, 2012. You may initiate the ARCO rights protection procedure before the Federal Institute for Access to Information and Data Protection (IFAI) within 15 days from the date Customer Experience Consulting has responded to your request or, if after the period specified by the Law, Customer Experience Consulting does not respond to your request.

Modifications to the Privacy Notice. We reserve the right to change this Privacy Notice at any time; we suggest visiting this section to learn of any changes.