Grupo Tecnophone Terms and Conditions

Acceptance and Purpose

Welcome to gtecnophone.com and grupotecnophone.com, operated by Grupo Tecnophone S.A. de C.V. (“Grupo Tecnophone”). By accessing and using our sites, platforms and services (hereinafter, the “Services”), you accept these Terms and Conditions, entering into an agreement that governs the relationship between you and Grupo Tecnophone. If you do not agree, you must refrain from using and/or accessing the sites.

Term and Changes

This agreement takes effect from the moment the user accesses the Services and will remain in force for as long as the user continues to use them or a business relationship exists. Grupo Tecnophone reserves the right to modify these Terms and Conditions at any time. Changes take effect upon publication on the sites. It is the user’s responsibility to review them periodically.

Intellectual Property and License

Grupo Tecnophone is the owner or legitimate licensee of all intellectual property rights related to the sites and the content published on them, including but not limited to: text, graphics, logos, icons, images, audio clips, software, tools and code. The user is granted a limited, non-exclusive, revocable and non-transferable license to view and use the content strictly for their legitimate business activities authorized under these Terms.

Except with Grupo Tecnophone’s prior written authorization, it is prohibited to reproduce, modify, distribute, transmit, reuse, repost or create derivative works from any part of the site and/or its content. Any use that infringes the intellectual property rights of third parties or of Grupo Tecnophone may lead to the suspension or termination of the account, in addition to the relevant legal action.

Purpose of the Service and Permitted Use

The services offered by Grupo Tecnophone include, among others, SMS messaging solutions, digital marketing tools, campaign sending platforms and other features described on the gtecnophone.com and grupotecnophone.com sites. By using our services, you acknowledge and agree that you will:

Use the platform lawfully and ethically, without sending illegal, defamatory, abusive or misleading content or content that violates the rights of third parties.

Not interfere with other users’ use of the services or introduce viruses or malicious code.

Comply with all applicable laws on privacy, data protection, advertising and spam, as well as good business practices.

Obtain the prior, express consent of recipients before sending bulk SMS and email. The user is solely responsible for the content sent.

User Account, Confidentiality and Security

To access some services, the user may need to create an account and provide personal and billing information. The user agrees to:

Provide truthful information and keep it up to date.

Protect their access credentials (username and password) and not share them with unauthorized third parties.

Notify Grupo Tecnophone immediately upon detecting any unauthorized access to or misuse of their account.

Grupo Tecnophone is not responsible for damages resulting from misuse or lack of diligence in safeguarding the user’s credentials.

User-Generated Content

You (the “user”) are solely responsible for the content you upload, transmit or use through the Services, including, without limitation, text messages, files, images, information or other materials (collectively, “User Content”). By using our services, you warrant that User Content does not infringe the rights of third parties or contain illegal material.

Grupo Tecnophone reserves the right to remove, block or restrict access to any content that it considers, at its sole discretion, inappropriate, unlawful or in violation of these Terms and Conditions, without this giving rise to any right to compensation for the user.

SMS Sending and Anti-Spam Policy

Sending SMS and other communications through the Services must comply with current legislation, especially regarding consumer protection, privacy and advertising. The following is strictly prohibited:

Sending unsolicited bulk messages (spam) or messages without the recipient’s consent.

Sending content that promotes illegal, violent or misleading activities.

Impersonating third parties or falsifying sender information in messages.

Grupo Tecnophone is not responsible for the content of messages sent by users or for any legal consequences arising from them. In the event of reports or indications of spam, Grupo Tecnophone may suspend or close the account of the user involved.

User Liability

The user agrees to indemnify and hold harmless Grupo Tecnophone, its officers, employees and affiliates from any claim, lawsuit or loss (including attorneys’ fees) arising from misuse of the Services, breach of these Terms and Conditions or infringement of third-party rights.

Limitation of Grupo Tecnophone’s Liability

Grupo Tecnophone will make every reasonable effort to maintain the availability and functionality of the services; however, it does not guarantee that the sites or services will operate uninterrupted or error-free. To the extent permitted by law, Grupo Tecnophone will not be liable for indirect, special, incidental or consequential damages (including loss of business, data or profits) arising from the use of or inability to use the services, even if advised of the possibility of such damages.

In any case, Grupo Tecnophone’s total liability will be limited to the amounts actually paid by the user in the six (6) months prior to the date of the event giving rise to the claim.

Billing and Payments

Billing is issued from Mexico and complies with Mexican tax regulations. The charges applicable to the services are described on the sites and may be updated periodically. By using the services, the user agrees to:

Pay all invoiced amounts on time according to the agreed payment method.

Bear any fees, bank charges or costs associated with the chosen payment method.

Provide truthful billing information and keep it up to date.

Grupo Tecnophone may suspend or cancel the user’s access to the services in the event of non-payment or suspected fraud.

Payment Processing and User Responsibility

Payments may be handled by third-party companies (payment gateways). Grupo Tecnophone is not responsible for errors, delays or failures in the payment platforms of such third parties, or for additional charges or fees that banks may apply. The user is responsible for using legitimate payment methods that belong to them.

In the event of fraud, suspicious payments or chargebacks, Grupo Tecnophone reserves the right to suspend or cancel the user’s account without prior notice. It may also require proof of payment or additional documentation to verify unusual or suspicious transactions.

Privacy and Data Protection

The security and confidentiality of personal data are of the utmost importance to Grupo Tecnophone. By creating an account and/or using the Services, the user acknowledges and accepts Grupo Tecnophone’s Privacy Policy, which forms an integral part of these Terms and Conditions.

When Grupo Tecnophone processes personal data on behalf of the user (for example, when sending SMS to contacts), Grupo Tecnophone will act as a data processor and undertakes to:

Use personal data only to provide the contracted services.

Implement appropriate security measures against unauthorized access or disclosure.

Not transfer or disclose such data to third parties, except where required by law or expressly authorized by the user.

Report any personal data breach that may pose a risk to the rights and freedoms of those affected.

The user agrees to comply with data protection regulations (e.g., obtaining valid consent from their recipients). Grupo Tecnophone will not be liable for non-compliance or legal violations attributable to the user.

Service Maintenance and Changes

Grupo Tecnophone reserves the right to modify, update, suspend or discontinue, in whole or in part, the services, features, code or technology infrastructure at any time and without prior notice, to ensure the quality and continuity of the service. The user acknowledges and agrees that such changes may involve temporary interruptions that will not give rise to any compensation.

In the event of technical, operational or security incidents, Grupo Tecnophone may temporarily stop sending SMS or set up alternative channels, without incurring any liability to the user.

Account Inactivity and Balance Removal

For security reasons and to ensure the efficiency of the service, Grupo Tecnophone reserves the right to suspend accounts that remain inactive for an uninterrupted period of three (3) months. When an account is suspended for inactivity:

The user will not be able to access the services or send messages.

After three (3) consecutive months without account use, the available balances in any of the associated modules will be removed. As a result, the account will have a zero balance.

If the user wishes to resume using an account suspended for inactivity, they must request its reactivation through the official support channels, on the understanding that the previous balance cannot be recovered and that a new verification process may be required.

Grounds for Termination and Suspension

Grupo Tecnophone may suspend or cancel the user’s access to the services at any time and without prior notice if it considers that the user has committed serious violations of these Terms and Conditions, fraudulent or improper use of the platform, breach of the law or non-payment. The user may terminate the business relationship and request the closure of their account by notifying Grupo Tecnophone in writing at least 15 days in advance.

Termination does not release the user from paying outstanding obligations or void the rights acquired by Grupo Tecnophone up to the date of termination.

Force Majeure

Grupo Tecnophone will not be liable for delays or failures to perform due to force majeure, such as natural disasters, labor disputes, pandemics, power outages, cyberattacks or any other circumstance beyond its reasonable control. In such cases, obligations will be suspended for the duration of the force majeure event and will resume once it ends.

Confidentiality

Any confidential or proprietary information to which the user has access, including documentation, databases, business plans, prices or programs, must be kept strictly confidential and may not be disclosed to third parties without Grupo Tecnophone’s prior authorization. This obligation will survive the termination of the business relationship.

Assignment and Subcontracting

Grupo Tecnophone may assign or delegate its rights and obligations under these Terms and Conditions to any entity it considers appropriate for the continued provision of the Services. The user may not assign or transfer their rights or obligations without Grupo Tecnophone’s written consent.

To provide certain services, Grupo Tecnophone may rely on third parties (subcontracting). In that case, it will ensure that such third parties comply with the confidentiality and data protection obligations described in this document.

No Waiver

Grupo Tecnophone’s inaction or delay in exercising any right provided for in these Terms and Conditions will not be construed as a waiver of that right, nor will it affect the full or partial exercise of any other right.

Severability

If a competent court declares any clause of these Terms and Conditions invalid or unenforceable, the remaining clauses will remain valid to the extent that their substance or purpose is not affected.

Jurisdiction and Governing Law

These Terms and Conditions are governed by the laws in force in the United Mexican States. Any conflict or dispute arising from the interpretation or performance of this document will be submitted to the jurisdiction of the competent courts of Mexico, unless mandatory rules of territorial jurisdiction provide otherwise.

Official Language and Translations

The official language of gtecnophone.com and grupotecnophone.com is Spanish. Any translation provided by Grupo Tecnophone is for information purposes only and may contain errors or discrepancies in terminology. In the event of any conflict or discrepancy between the Spanish version and a translation, the Spanish version will prevail.

Contact Information

If you have questions or need more information about these Terms and Conditions, you can contact us at: