The only tool that measures, estimates and boost your Software Projects.

WELCOME to “MENSURA®”.

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.

 

  1. Property.- The “MENSURA®” tool is property of SPINGERE, S.A. de C.V. (“SPINGERE”), for company information see www.spingere.com.mx.

 

  1. Tool.- “MENSURA®” is a tool capable to apply the best practices for measurement, estimation and performance evaluation in software projects with a formal and methodological approach for the complete and objective evaluation of the results obtained, based on studies and “SPINGERE” experience. The use of the tool depends of the provisions of these terms and conditions of service, which constitute an agreement, with legal effects, between “SPINGERE”, owner of “MENSURA®” and its users.

 

  1. License conditions.

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.

 

  1. Acceptance.- By using “MENSURA®”, or indicate in any other way your acceptance of these terms and conditions, you approve that you have read, understood and accepted their content, likewise, you accept and guarantee that: (i) you are authorized to submit specifically or on behalf of its represented (“USER”) and (ii) accepts that both the “USER” and “MENSURA®” are obliged to respect all of these terms and conditions, (which constitutes a contract between the “USER” and “SPINGERE”).
    If between “SPINGERE” and the “USER” exist an agreement or previous contract, or any similar document that both the “USER” and “SPINGERE” may provide, the parties accept that the mention rights, obligations and other conditions included in those documents are added by these conditions. “SPINGERE” reserves the right at its own discretion to change, modify, add or delete parts of these terms and conditions at any time according to the needs and conditions of use of “MENSURA®”, to which, the “USER” accept that are responsible for reviewing these “conditions” periodically.

 

 

  1. Validity.- The access to “MENSURA®” will be limited to a specific period of time previously established by the parties in a contract. The commitment of “SPINGERE” to the “USER” begins from the moment the “USER” make the corresponding payment and will be valid for ONE YEAR. “SPINGERE” will have a verification period to enable access to the tool with maximum 5 business days.

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.

  1. Access Authorization.- “SPINGERE” grants the “USER” a revocable, non-transferable and non-exclusive account for the access to “MENSURA®” tool for the purposes specified in these terms and conditions. The “USER” must, always, maintain all the indications of intellectual property and copyright described in these terms and conditions.
  2. “USER” account .- As part of the registration process for “MENSURA®”, the “USER” account will be activated through an administrator id and password, the user must change their password once they access by first time to the tool.

“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

 

  1. Access Codes Security.- “MENSURA®” will not send emails requesting the “USER” for their user names, passwords, personal data and any personal and non-transferable information; guaranteeing, always, the security of your information, therefore, the “USER” must maintain the confidentiality of all their user names and passwords. “MENSURA®” will not be responsible for the losses of the information of the “USER” may suffer if a third party accesses your account or uses your password. “MENSURA®” may request by email, from the “USER”, suspend access to their account. The “USER” is obliged to notify “MENSURA®” immediately of his knowledge that someone is misusing the tool or committing some type of violation to the security of the information contained, in which case, ” SPINGERE ”may suspend any unauthorized access to“ MENSURA® ”, who, in case of well-founded fear, may terminate this contract if the“ USER ”uses the products or services in a way that causes or may cause damage or harm.

 

  1. “USER” Responsibility.- The “USER” is responsible for having the appropriate equipment and covering the necessary expenses in order to access and use “MENSURA®” in a proper way.
    The “USER” is the only responsible for (i) the use that is given to “MENSURA®”; (ii) the use, treatment and transfer of the content of your account, and (iii) make the notifications or obtain the consents that you require in relation to the use of “MENSURA®”, will not be responsible for the losses that the company may suffer from information of the “USER” if a third party has access with the password or account.
    The “USER” agrees to refrain from the following: (i) Make or intend to make any kind of modification to “MENSURA®” (ii) Make use of “MENSURA®” deliberately or negligently in a way that misuses or disrupts our networks , the accounts of our users, etc. (iii) Transmit through “MENSURA®” illegal, harassing, defamatory, indecent, abusive, threatening, harmful, violent, vulgar, intimidating, obscene, offensive, fraudulent, illegal material that may represent any type of objection of any kind or nature for “MENSURA®”. (iv) Market or intend to market “MENSURA®” to third parties; (v) Use “MENSURA®” in a way that violates applicable laws or regulations; (vi) Obtain, collect or gather user data without their consent; (vii) Transmit through “MENSURA®” material that may infringe the intellectual property, privacy or other rights of third parties; (viii) attempt to access other computer systems without authorization or interfere in the use of the product or service that belongs to another user; (ix) Publish, distribute, modify, transmit and disseminate data, graphics, images, photographs, designs, descriptions, information, texts, tools, software and any other information, without prior permission, available only to the “USER”; (x) Give any other use to the tool, including reproduction for any purpose other than those indicated, reverse engineering without prior written consent of “SPINGERE” and use that in any way violates these terms and conditions or any norm or legislation in force or that causes, or may cause, any damage, interruption or problem in the service; Access or attempt to access, without authorization, any part of “MENSURA®” that is not authorized, such as accounts of other users.10. Modifications.- “SPINGERE” can make improvements or changes in “MENSURA®”, referring to content, calculations, modules, design and graphics, also, it may modify the support, services, integrated tools, prices at any time and with or without prior notice. “SPINGERE” can notify about changes in its content, through the publication of notices in this tool or in other media, the main domain being www.mensura.com.mx.

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.

  1. Trademark.- “SPINGERE” and “MENSURA®” are registered and protected trademarks in terms of what is described in the Industrial Property Law and the Regulations of the Industrial Property Law, so that improper use and / or Without the prior consent of its owner, the sanction is those provided for in Chapter II, Of Infractions and Administrative Sanctions of article 213 to 222 and in Chapter III, Of crimes, of article 223 to 229 of the previous law. All trademarks, logos, website addresses, product names, derivations that describe products, support or services are the exclusive property marks of “SPINGERE”. Use or interchange of the “SPINGERE” Marks is prohibited, except with written authorization.
    The “USER” agrees not to use or register trademarks, service marks, trade names, domain names or names or user names of social networks that totally or partially incorporate the trademarks, slogan, distinctive signs, etc., of “MENSURA®” or similar of it.

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.

  1. Industrial property.- The use of “MENSURA®” and all materials included or transferred, including, without limitation, software, images, text, graphics, logos, patents, registered trademarks, service marks, trademarks, industrial secrets , copyrights, photographs, audio, videos and all Intellectual Property Rights, are the exclusive property of “SPINGERE”. Accepting the terms and conditions does not consider the license in favor of the “USER” to sell, license, rent, modify, distribute, copy, reproduce, transmit, publish, adapt, edit or create works. Any reproduction, resale or redistribution of the programs carried out under these terms and conditions are expressly prohibited, and may carry civil and criminal penalties. Violators will be subject to all pertinent legal actions. “SPINGERE” does not transfer the ownership of the “MENSURA®” tool to the “USER”, therefore, it is prohibited to assign any type of access or information to third parties without the prior knowledge and authorization of “SPINGERE”.

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®”.

14.- Privacy Policy.- At “SPINGERE”, we are committed to the protection of personal data and privacy of the “USER”, therefore, we adhere to the protection of the personal data of our users. All information collected by “MENSURA®” will be treated confidentially. For more information on the data we collect, use, store and transfer, see our Privacy Policy published at www.spingere.com.mx.

  1. Returns and refunds.- In the event that the “USER” wishes to return access to the tool due to duly verified failures or deficiencies, they must do by written request, within 15 calendar days after their period of validity; This request must be sent to the contact email indicated above, stating the reasons why it has decided to return access to the “MENSURA®” tool, in which case, “MENSURA®” will have 20 calendar days to reply by the same way.

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.

  1. Liability limitation.- The “USER” accepts that the payment received by “SPINGERE” by virtue of this document does not include assuming the risk of indirect, special, consequential or incidental damages, including profit. loss of income, product replacement costs, loss or destruction of data, etc., due to the use or inability to use “MENSURA®”. The “USER” agrees not to file any claim since, under no circumstances, will he be responsible for damages caused as a result of its use or the information with which the “USER” feeds “MENSURA®”, also, in any case, the liability of “SPINGERE” for damages, will exceed the amount that the “USER” paid at the time of their authorization to the tool.

“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.

 

  1. Consent to use data.- “SPINGERE” will have the right to publish the identification of the “USER” as users of “MENSURA®”. The “USER” accepts that “SPINGERE” may use any logo and / or name related to the “USER” on the “SPINGERE” or “MENSURA®” website, as well as in other marketing materials to identify them as users.

“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 mensura@spingere.com.mx or it will be delivered personally to the” SPINGERE “address that appears at the beginning of this document.

 

  1. “MENSURA®” Confidential Information

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.

 

  1. Test versions.- “MENSURA®” will eventually have test versions, which will apply to those who do not have valid “MENSURA®” licenses. In the case that a test version could or would like to be accessed by current users of “MENSURA®”, it must be requested via email in accordance with clause 23. The test version could end when “SPINGERE” decides without prejudice to this or the current license of the “USER”.

 

  1. Compensation.-. The “USER” agrees to compensate, defend and exempt “MENSURA®” and its subsidiaries, employees, administrators, directors, owners, information providers, representatives and concessionaires and licensors (hereinafter, the “Compensate Parties”) of all responsibility derived from any lawsuit, claim, action, litigation or loss, (including expenses and attorneys’ fees) as a result of (a) the breach by the “USER” of these conditions of use or claims arising from the account of the “USER”; (b) any fraud or manipulation by the “USER”; (c) any claim, legal action or allegation of infringement by a third party for the information, data, files or content sent by the “USER”. The “USER” agrees to do everything possible to cooperate with “MENSURA®” in the defense of any claim, action or litigation. “MENSURA®” reserves the right to assume the exclusive defense of any matter subject to compensation by the “USER”.

 

  1. Revocation of the service.- “SPINGERE” may, at its sole discretion, immediately revocate the account as well as the license and the right to use “MENSURA®” if, (i) the “USER” violates these terms and conditions; (ii) “MENSURA®” cannot verify the authenticity of the information provided by the “USER”; (iii) such information is not true or will not be true; or (iv) If “SPINGERE” decide in its own discretion to stop offering 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 mensura@spingere.com.mx
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 mensura@spingere.com.mx

 

  1. Cancellation.- “MENSURA®”, informs the “USER” that there will be no cancellations of the use of the tool, therefore, in case of not requiring the use of “MENSURA®”, it must be agreed by email to clause 23, inform “SPINGERE” of your desire not to continue with “MENSURA®”, however, the period that remains to conclude of the validity with which the license has been enabled, the corresponding charge will continue to be made until the conclusion of it.

 

  1. Fortuitous event or force majeure.- Neither party will be responsible for a failure or delay in compliance or loss of data under these “conditions”, to the extent that such failures or delays are caused directly by ( i) Software or other computer program failures, (ii) inclement weather or (iii) other reasons beyond the reasonable control, and which occur through no foreseeable fault or negligence, including: breach of the suppliers, subcontractors or of the party that must fulfill its obligations substantially according to these “conditions”, provided that in such case, as a condition to claim the absence of responsibility, the party experiencing the difficulty presents the other party immediate written notice, with detailed information on the reason.

 

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.

 

  1. Security emergencies.- If “SPINGERE” reasonably determines that the security of its products, services, database, information, infrastructure, etc., may be at risk of hacking, or other malicious activities, we may temporarily suspend the services and take the appropriate measures to solve these security problems. It will notify the “USER” of any suspension or measure adopted for security reasons.

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: support@mensura.com.mx

* 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.

Service levels:

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.

Contact us for more information about  MENSURA®, someone in our team will assist you.

mensura@spingere.com.mx
(55) 8662 0963
Calle Santander #15, Int 402, Col. Insurgentes Mixcoac
Alcaldía Benito Juárez C.P. 03920