Please read these terms and conditions carefully; it contain important information about the rights and obligations that the “USER” acquires when accessing and using “MENSURA®”, for which, you confirm that, to this date, you have the legal capacity to do so.
The “USER” accepts that “MENSURA®” is property of “SPINGERE” and they are protected by legal regulations on copyrights, trademarks, service marks, patents and / or other property rights. Therefore, the “USER” accepts that they only have permission to use the licensed programs in the manner expressly authorized by “SPINGERE” and in these terms and conditions, obligate to clause 9 of this document.
The client buys a valid license for one year during that period, and will be able to access the modules that they want and that are previously indicated in the respective contract that is closed for that purpose. Once the previous period has ended, the “USER” will finish the obligations that they contract by accepting these terms and conditions. These license conditions grant the right and the license to the “USER” to use the tool under these terms and conditions.
“MENSURA®” will access the stored data by making inquiries, backups and random analyzes on a continuous basis to improve the performance of the tool; as necessary to satisfy our policies, applicable law or to attend a court request.
After the initial validity period, “MENSURA®” will automatically renewed for additional periods of 12 months, making the charge automatically to the same credit or debit card of the “USER”, with which the first payment was made; or with the generation of the corresponding invoice that the “USER” agrees to be obliged to pay. The previous, will not be applicable in the case that one of the parties notifies the other at least 30 days before the end of the validity period that they do not want the validity of “MENSURA®” to be renewed to the contact information that appears in clause 23.
“MENSURA®” recommends changing your password from time to time to increase the security of the account. The password you choose to access the tool must be kept strictly secret and be different from the username and password of the computer equipment you use.
The “USER” is responsible for maintaining the confidentiality of his password, the related data and the activities that occur in the “USER” account. In the event of password loss, unauthorized use of your account, well-founded fear that your password or information has been stolen or compromised in any other way, or any other breach of security of which you are aware, the “USER” must contact with his administrator of the corresponding instance or if necessary with” SPINGERE “, so that after validation of the identity, a valid password is generated again.
The access account is personal and cannot be revealed or disclosed to other people, it may be cause of the termination of your registration without including money returns, however, it may be subject to additional fees due to unauthorized use. The “USER” will retain all rights to the content of his account.
Access and use of password-protected and / or security-related aspects of products or services are restricted to authorized users only. “MENSURA®” will not be held responsible for any type of loss suffered by the “USER” as a result of the use by third parties of his password or account, either with his knowledge or without it
Derived from the changes in “MENSURA®”, “SPINGERE” reserves the right to modify these terms and conditions at any time by updating at least the information published on the website https://www.mensura.com.mx or inform by some means to the active “USERS”.
The “USER” agrees to accept these modified “conditions” if he continues using “MENSURA®” after the “modified conditions” have been informed to the “USER” or have been published, if the user is not agreeing to according to any of the modified conditions, you must notify “MENSURA®” within 5 calendar days from the publication of new conditions. At the end of this period, these “conditions” will be considered accepted.
12.- Transfer of rights.- “SPINGERE” does not transfer rights for any content that has been downloaded or used by the “USER”. The content of the tool is the property of “SPINGERE”. The use of “MENSURA®” and the acceptance of the “USER”, are expressly conditioned to the indications regarding copyright, trademarks, exclusive property in the content of “MENSURA®” and all the exclusive rights owned by “ SPINGERE ”Any unauthorized copy or use of the content of“ MENSURA® ”or any use of the content that does not comply with these terms and conditions may infringe trademark rights, copyrights and other exclusive property rights. Users must use the content in a way that does not infringe the rights or other proprietary rights. “SPINGERE” reserves all rights and legal actions related to unauthorized use or breach of these terms and conditions.
All the content of “MENSURA®” is protected by the legislation on copyright and / or industrial property.
The “USER” may not reproduce, distribute or create derivative works based on the programs without express authorization for such purposes by “MENSURA®”.
If the “USER” wants a refund for faults or deficiencies duly verified in the use of “MENSURA®”, he must request it within 5 calendar days after its validity period has begun (otherwise, your request will be inadmissible), stating the reasons for your request. For the above, “SPINGERE” will determine if, in effect, there was any failure or deficiency of the tool, if so, it will authorize the “USER” to access it again, starting the period of validity at the time that “MENSURA ® ”correct the localized error.
“SPINGERE” assumes responsibility for the precision and accuracy of the tool, however, the “USER” agrees that the previous success will largely depend on the proper use that is given to “MENSURA®”.
All data downloaded or obtained in any way other than the use of “MENSURA®” will be at the expense and risk of the “USER”, who will be the only responsible for the damages suffered by his computer system or for the loss of data derived from the download of material or data.
The mention of products or services that do not belong to “MENSURA®” is made for informational purposes only.
“SPINGERE” could send notifications to the email address of the “USER” or by any other way that “SPINGERE” consider in its sole discretion and that allows it to contact the “USER”. If the “USER” wishes to send “SPINGERE” a notification related to these “conditions, he will do by email to email@example.com or it will be delivered personally to the” SPINGERE “address that appears at the beginning of this document.
The confidential information of “SPINGERE” is, among other things, information related to (i) matters of a technical nature such as processes, knowledge, data, formulas or calculations, graphs, algorithms, models, inventions (may or may not be patented, or are susceptible whether they have copyright or not), specifications and characteristics of products or services planned or under development, as well as research topics, methods and results; (ii) matters of a commercial nature such as information on costs, benefits, prices, policies, markets, sales, suppliers, users, product plans, as well as business concepts, plans or strategies; (iii) matters of a human resources nature such as employment policies and practices, personnel, compensation and benefits for employees; (iv) other information of a similar nature that “SPINGERE” does not usually disclose to the public or, under the circumstances; (v) information regarding the use of the product or service by the “USER”.
The “USER” may not disclose information to third parties, with the exception of their staff and only in cases where it is necessary to provide information to perform their work correctly (these individuals must be informed and acknowledge their obligation to be bound by these conditions); and they will not use “SPINGERE” confidential information for any other purpose. All confidential information is the exclusive property of “SPINGERE”. The “USER” does not have the right or ownership of the confidential information.
The parties accept that in the event of breach or threat of breach, of any of the obligations and agreements established in these confidentiality conditions by “USER”, “SPINGERE” can request that all the information be returned or certify that it has been destroyed; also, “SPINGERE” will have the right to the resources that correspond to it by law as well as to recover the expenses, including the reasonable fees of the lawyers.
The confidentiality obligations indicated in these Conditions will remain valid after their termination or cancellation and will remain in effect for 10 years after the termination of the relationship with the “USER”.
19.- “USER” Confidential information
The “USER” expresses her full knowledge and agreement that the data that he uses and is generated in the “MENSURA®” tool will be deleted once he requests. You can only request the information you have captured, excluding all the information that is made through calculations in the tool, which can only be accessed through a current license of “MENSURA / R)”. The information relating to personal data of the accounts will be processed by the persons authorized by “SPINGERE”, who will be responsible for the adequate quality and reliability of the tool.
After termination or resolution for any reason, the “USER” will no longer be authorized to use “MENSURA®”. When these terms and conditions lose validity and / or the subscription has been canceled, the “USER” will no longer have access to the data and other materials that they have stored in relation to “MENSURA®”, who can delete the material. All waivers, limitations of guarantees and damages, as well as the confidential commitments established in these terms and conditions, that exist in any other way in the legal regulations remain valid after the resolution, termination or revocation.
Once the relationship between “SPINGERE” and the “USER” is terminated, the “USER” must immediately stop using all the services cancelled, in case he needs more time to recover the content of his service, as long as the information has been made by him, and not the information derived from the processing of the tool, will be given limited access for a maximum period of 5 calendar days. Once this period has elapsed, “SPINGERE” will not be obliged to keep the content in “MENSURA®”. After the termination date, the “USER” agrees to pay for any use of “MENSURA®” that has not been considered in the cost that was paid at the beginning of the relationship between the parties.
23.- Contact.- The notifications that “MENSURA®” makes to the “USER” will be valid if they are sent to the email that the “USER” provided in their registration. Also, the “USER” must send the answers, questions or requests to “MENSURA®”, to the following email address firstname.lastname@example.org
Once the “USER” begins to use the “MENSURA®” tool, he accepts to receive relevant information related to the “MENSURA®” tool and in general with related topics, such as: courses, conferences, training, updates, etc. .
However, if at any time you wish to stop receiving information in this regard, you can request it by sending an email to the address email@example.com
26.- Agreement between the parties.- The Contract constitutes the entire agreement between the parties in relation to the products or services and replaces all previous and current verbal and written contracts, therefore, in case of conflict, it will be resolved with based on what is indicated in the “conditions”, which will be indicated by the date of the last update.
27.- Independence of content.- “MENSURA®” and “THE USER” are independent and this document does not create company relations, agency relations, fiduciary relations or labor relations between them. The persons authorized by “MENSURA®” in these “conditions” do not have the power to modify these “conditions” or accept binding commitments for “MENSURA®”. If any condition of this contract cannot be applied, it will not affect the other conditions.
If any of the provisions of these “conditions” were illegal or void or, for any reason, could not be applied, said provision will be separated from these and will not affect the validity and enforceability of the rest of the provisions.
29.- Jurisdiction.- The “USER” and “SPINGERE” declare that they agree that, in the event of a conflict or controversy between them, the applicable jurisdiction will be the competent Courts in Mexico City, Mexico. The parties specifically waive the jurisdiction that may correspond to them due to their present or future addresses. These terms and conditions are valid and binding for both parties from the effective date of the product or service.
The Technical Support of the Mensura® tool includes:
* Telephone support: PUT THE COMPANY TELEPHONE
* Support via e-mail: firstname.lastname@example.org
* Support via page: https://mensura.com.mx AVAILABLE IN SPANISH AND ENGLISH LANGUAGE
From Monday to Friday, from 10:00 a.m. to 6:00 p.m., Central Mexico Time. As our client, you will receive the service free of charge according to the service levels detailed below.
Level 1, Queries / doubts / questions regarding the use of the application: it will be possible to have a response of 1 – 3 hours, depending on complexity and demand for questions.
Important Clarification: All queries that are directed to the support area, will be attended as long as they refer to the use of the tool, otherwise they will be referred to the commercial area for a “Consulting” service to be quoted, in the same way in case of requiring the purchase of additional modules.
Level 2, In case of a suspected error in the tool: a response can be received from 12 to 72 hours, depending on complexity.
Level 3, Application failures (Visible discrepancy that occurs when executing the application, which is unable to function properly and does not allow a normal flow to be terminated): it will be possible to have a response of 4 – 16 hrs, depending on complexity.
Note: If for reasons beyond MENSURA’s control, this answer requires more time than established, you will be notified immediately.
These terms and conditions were updated on May 15, 2020.