Last update: June 15, 2022.

This document contains the Terms and Conditions that govern the use of the VP360° Platform, both for Associate Clients and for VP360° Members.

The Terms and Conditions constitute an agreement of wills, which implies that the parties:

a) They read the content in its entirety and understood its scope, both legal and commercial;

b) They voluntarily and expressly accepted the same, and

c) They acknowledge that whoever signs them has the power to bind them, in terms of articles 310, 313, 316, 321 and other relative and applicable articles of the Commercial Code of the United Mexican States.

1. Definitions

a) Supply chain. - Group of individuals and/or legal entities that have established, maintain or intend to establish a commercial or business relationship with the Associate Client.

b) VP360° certificate. - Digital document through which VP360° informs that the VP360º Platform did not identify coincidences between the data registered for consultation and those contained in the lists and databases published by the Mexican and foreign authorities consulted in the Platform.

c) Associate Client. – Individual or legal entity that has implemented the VP360° Certification Model with respect to its supply chain and has a current contract.

d) VP360° Community. – Group made up of VP360º Members who have acquired their membership, as well as Associated Clients, whose purpose is access to benefits and networking possibilities among its members.

e) ERP (Enterprise Resource Planning). – Information systems that allow the integration of a company's operations, especially those that have to do with production, logistics, inventory, shipments and accounting.

f) Information Sources. – Compilations of public data, available and disseminated by electronic means by government entities, national and foreign, that document the compliance, non-compliance and, where appropriate, sanction of natural and legal persons.

g) Finding. - Coincidence between the data registered in the VP360º Platform and that disseminated in any of the Information Sources that the VP360º Platform monitors.

h) VP360° member. – Natural or legal person that is part of the VP360º Community, with a current membership.

i) VP360° Certification Model. – Methodology for identifying findings on negative or restrictive lists in Mexico and the world developed by VP360°, based on good practices, through the use of technological tools that allow permanent monitoring and timely alerting of model users (Associated Clients and VP360º Members).

j) VP360° platform. – Technological tool based on Data Science and Machine Learning that permanently monitors the identification data of VP360° Members in the Information Sources.

k) Individual Findings Report. - Digital document through which VP360° discloses the identification of one or more findings in any of the Information Sources consulted by the VP360° Platform.

l) Risk. - Contingency that may cause damage to a person or organization in their economic, legal, financial, commercial or reputational interests.

m) Automatic Monitoring and Alert System. – Services provided through the VP360º Platform through which a permanent search for findings is carried out, the results of which are reported through automatic mechanisms to the Associate Client and the VP360º Member.

n) Documentary Support. – Electronic reproduction of the documentation that proves the existence of the findings derived from the monitoring carried out by the VP360° Platform.

o) Third party or third parties. - Natural or legal person that is related to an Associate Client, whose relationship could generate a consequence in the legal or reputational sphere of the Associate Client.

p) Validity. – Period of validity, either of the VP360° Certificate or of the Individual Findings Report.

q) VP360°. - Commercial company that owns the moral and patrimonial rights of the VP360° Certification Model and the VP360° Platform.

2. Service description

VP360º is a company specialized in the review and identification of third-party risks, with special emphasis on the Supply Chains of its Associated Clients.

The service is carried out through the VP360° Platform, which, through the implementation of the Automatic Monitoring and Alert System, permanently monitors and analyzes more than 400 Information Sources, which are consulted directly in the electronic portals and in the formats that are disseminated. In that sense, VP360° does not modify, alter or edit in any way the content of the aforementioned Information Sources.

Thus, the service provided by VP360° includes, essentially, the initial and permanent consultation of the Information Sources disseminated by public, national and international entities, with the purpose of locating and documenting the existence of coincidences (Findings), giving rise to the issuance of an Individual Findings Report, or, in the absence of Findings, issuance of the VP360° Certificate.

3. Registration in the VP360° Platform

Once the corresponding Contract has been formalized, VP360° will proceed to send the Associated Client a welcome communication through which they will be provided with their Username and Password to enter the VP360° Platform.

The individuals and/or legal entities that will be monitored will receive an invitation by the Associate Client, which will contain the electronic link that will allow them to access to the registration module within the VP360° Platform.

Both, Associate Clients and VP360° Members, at the time of registering on the VP360° Platform, will be assigned a unique identification number (NIU) , personal and non-transferable, so that no other person can have access or misuse the information entered into the VP360° Platform. It will be under the strictest responsibility of the Associated Clients and the VP360 ° Members, the conservation and use of their unique identification number . Consequently, both Associate Clients and VP360° Members release VP360° from all liability, regardless of its nature, arising from the misuse of their unique identifier number derived from its disclosure, provided that it is attributable to themselves, their partners, associates, representatives, legal representatives or collaborators, or due to negligence, fraud or bad faith in the adoption of the necessary measures to avoid improper disclosure.

In order for the VP360° Platform to operate, those interested must access it and register in the corresponding module, by capturing the following data:

a) Code of the Federal Taxpayer Registry with homoclave;
b) Type of Provider (natural or legal person);
c) Name or Social reason;
d) Type of company (if applicable);
e) Telephone contact;
f) Email;
g) Home; and
h) Billing data.

You must also choose the Plan of your Subscription. VP360° reserves the right to grant discounts on the Cost of Membership to VP360° Members, in the percentages, validity and conditions that it deems appropriate.

The VP360° Member will establish the password that will allow him/her to enter the VP360° Platform and will be solely responsible for its preservation and use. Consequently, the VP360° Member releases VP360° from all liability, regardless of its nature, derived from the misuse of their password , derived from its disclosure, provided that it is attributable to themselves, their partners, associates, representatives , representatives or collaborators, or due to negligence, intent or bad faith in the adoption of the necessary measures to avoid improper disclosure. If required, the VP360° Member may reset their password by following the instructions established for this purpose in the VP360° Platform itself or requesting it directly from VP360° by sending an email to: contacto@vp360.com.mx.

It will be essential that VP360° Members, in the Billing Data section, choose the use of their CFDI and review their data (RFC with homoclave and fiscal address), essential for the issuance of the corresponding invoice. VP360° Members are solely responsible for the veracity and accuracy of the billing data entered on the VP360° Platform for the issuance of their CFDI, for which they release VP360° from any liability arising from the capture of false or misleading data of invoicing, regardless of whether these falsehoods or errors originate from fault, fraud or error.

4. Membership Payment

The cost of the Membership is expressed in dollars of the United States of America (USD) and will be made in national currency at the exchange rate obtained by the Bank of Mexico and published in the Official Gazette of the Federation in its edition corresponding to the previous day in which the VP360° Member concludes his registration in the VP360° Platform. The cost of the Membership will cause Value Added Tax (VAT).

VP360° Members can make the payment corresponding to their Membership, in any of the following ways:

a) OXXO convenience stores;
b) Payment by credit or debit card, or
c) Electronic transfer.

In case of making the payment of the Membership in the OXXO convenience stores, the VP360° Platform will provide you with a payment stub that contains a barcode that will allow you to make the payment in the indicated establishments. If the credit or debit card payment option is chosen, the operation will be carried out directly on the VP360° Platform. If you pay by electronic transfer, the VP360° Platform will provide you with a reference number with which you can carry out the operation from the electronic platform of the multiple banking institution of your choice. Under this modality, the VP360° Member will be asked to include the Unique Identifier Number (NIU) in the concept of payment, as well as to send proof of payment to the email address contacto@vp360.com.mx.

Once VP360° confirms receipt of the Membership payment, VP360° will issue the corresponding CFDI. The term for issuing the CFDI will depend on the payment method selected.

VP360° will not make refunds of those payments received from any VP360° Member, whose amount is lower and insufficient to cover the cost of the Membership that you have selected, provided that such situation is attributable to the VP360° Member himself, either by fault, fraud or error, in which case, the VP360° Member will be asked to cover the missing amount to cover the cost of the selected membership.

5. Conclusion of the Registration in the VP360° Platform

To conclude the registration in the VP360° Platform and be able to obtain the Individual Findings Report, or the VP360° Certificate, the VP360° Members must send by email to contacto@vp360.com.mx, the Proof of payment of the Membership made in any of the modalities indicated in these Terms and Conditions.

The conclusion of the registration in the VP360° Platform, as well as the submission of the document indicated in the previous paragraph constitute essential requirements to enable the Automatic Monitoring and Alert System and, consequently, the VP360° Members can obtain their Individual Findings Report or your VP360° Certificate. In no case may it be considered that VP360° has failed to provide its service in those cases in which VP360° Members do not meet the requirement indicated in the previous paragraph and, therefore, cannot obtain their Individual Findings Report, or, the VP360° Certificate.

To know the result of the certification, it is an essential requirement that the VP360° Member be registered in the VP360° Platform, since it will be through this means that the VP360° Member will be able to make the respective query.

6. Automatic Monitoring and Alert System

Once the payment of the Membership selected by the VP360° Member is confirmed, regardless of the payment method selected, the Automatic Monitoring and Alert System will be activated and will inform the VP360° Member and the Associated Client, if there is any coincidence in the different Information Sources by generating and sending the Individual Findings Report or the VP360° Certificate.

6.1. Individual Findings Report

The Individual Findings Report will be reported through the VP360° Platform and by email to:

a) The VP360° Member to whom the localized Finding corresponds,

b) The Associated Client related to the third party, third parties or to the Supply Chain of which the VP360° Member is a part to whom the Finding corresponds.

The Individual Report of Findings will contain the type, quantity and, if applicable, the Documentary Support of the Findings. Also, you can view a QR code (Quick Response code) in which it is stored, among other things, the information regarding its date of issue and validity.

6.1.1. Validity of the Individual Findings Report

The Individual Findings Report will continue to be valid for as long as the VP360° Platform continues to locate the Reported Finding, or locate new ones within the Information Sources. The date of issuance of the Individual Findings Report in the VP360° Platform may be updated for the purposes that the interested party agrees.

6.1.2. Effects of the Individual Report of Findings

The issuance of an Individual Findings Report to a VP360° Member will have as consequence that the VP360° Platform identifies and informs only to the Associate Client who extended the invitation to join the VP360° Certification Model. The Associate Client will be solely responsible for analyzing, determining and implementing the measures it deems necessary to mitigate, manage or transfer the risk identified through the Individual Findings Report. Therefore, VP360° at no time and under no circumstances will be responsible for the determinations made by the Associate Client due to the risk identified through the Individual Report of Findings.

Likewise, the issuance of an Individual Report of Findings will prevent the issuance of the VP360° Certificate, without granting any right to the VP360° Member in such situation to request a refund of the amounts paid for their Membership.

The results reported by VP360º are the result of an automated search for matches within the information sources published by authorities in Mexico and the world, governed by mathematical algorithms that are designed to achieve the highest probability of certainty in the search, however, there is a huge number of variables that could alter the results, for example, those that derive from errors in the original sources published by the authorities or in the captures made by VP360º Members when registering or those derived from homonyms, etc. Therefore, the results produced by the platform, particularly in cases where only the name or business name is provided, must be confirmed by those interested in obtaining a certificate and are subject to clarification with VP360º, by the VP360º Members.

6.2. VP360° Certificate

The VP360° Certificate will be issued through the VP360° Platform and sent to:

a) The VP360° Member for whom no Finding has been located,

b) The Associate Client who has extended the invitation to the VP360° Member to join the VP360° Certification Model.

The VP360° Certificate will contain a QR code (Quick Response code) in which it is stored, among other things, the information regarding its date of issue and validity.

6.2.1. Validity of the VP360° Certificate

The VP360° Certificate will be valid from its date of issue and until the VP360° Platform locates a Finding corresponding to the VP360° Member to whom it was granted. This last assumption will give rise to an Individual Findings Report which will be notified to the Associate Client and to the VP360° Member by email and through the VP360° Platform. It may be by consulting the QR code of the VP360° Certificate, where it can be verified that the Certificate is no longer valid.

6.2.2. Effects of the VP360° Certificate

The issuance of the VP360° Certificate will have the consequence that the VP360° Platform identifies that the VP360° Member who owns it, is free of risks exclusively with regard to the supervision of regulatory compliance carried out by government entities, national and foreign, responsible for issuing the Information Sources that are monitored by the VP360° Platform. In no case and under no circumstance, VP360° may be responsible for the behavior or regulatory or contractual breach committed by the VP360° Members who have been issued a VP360° Certificate, due to activities, commercial relationships, business or any other nature, other than those that are subject to monitoring through the VP360° Platform; or of its partners, associates, representatives, legal representatives or collaborators.

In the event that any of the VP360° Members is invited to obtain their VP360° Certificate and has previously acquired an Annual Membership at the request of other Associate Clients, they will not need to pay a new Membership, nor make any additional payment, as long as your Annual Membership is valid. In these cases, it will be enough for the VP360 ° Member in question to make the corresponding registration in the terms specified in number 4 of these Terms and Conditions, so that the results of the Automatic Monitoring and Alert System might be shared to Associate Clients who have subsequently invited you.

7. Temporality of the Automatic Monitoring and Alert System

As of the date on which the VP360° Member concludes his/her registration in the VP360° Platform, the operation of the Automatic Monitoring and Alert System will begin.

To compute the validity period of the monitoring service, days will be computed as 24 (twenty-four) hours, months as 30 (thirty) calendar days, and years as 12 (twelve) calendar months.

The provision of the service and, therefore, the contractual relationship between VP360° and the VP360° Members, may end when one of the following events occurs:

a) Due to termination of the validity of the Membership. Access to the results of the certification and to the Automatic Monitoring and Alert System will be automatically suspended the day after the end of the contract period. For its reactivation, it will only be necessary to hire a new Membership.

b) By early termination determined by mutual consent. In order for this cause to operate, it will be necessary for any of the parties to notify it by written and through the email contacto@vp360.com.mx.

The determination to terminate this agreement of wills must be notified to its counterpart by written, through email with reading confirmation, sent by whoever has sufficient and sufficient powers to do so, with at least 30 (thirty) days prior to the date on which the legal relationship between the parties is intended to end.

c) For non-compliance with the obligations set forth in these Terms and Conditions, unless they are the result of a fortuitous event or duly accredited force majeure.

VP360° reserves the right to partially limit or totally suspend the service, in case of non-payment of the Membership of VP360° Members, attributable to these, or to the Associate Clients, as it appears of the obligations specified in the contract for the provision of professional services, as well as in this instrument.

In the event that the provision of the service is terminated for reasons attributable to the user or third parties unrelated to VP360°, the Associate Client or VP360° Member acknowledge that they will not be reimbursed for any payment made on the date of the incident.

VP360° reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, the functions and characteristics of the VP360° Platform, with prior notice by email and/or on the VP360° Platform, without any responsibility towards Associate Clients or VP360 ° Members and for justified reasons such as: interruptions, modifications or total discontinuation of the VP360 ° Platform or any functionality, content or features, either due to the need to provide preventive, corrective maintenance or incorporate new functionality, content or features or ensure the operability or security of the system, or for legal and regulatory reasons.

Notwithstanding the foregoing, to the VP360° Member who has access to the platform and be permanently discontinued before the end of the paid period, the fees paid for the unearned period after this discontinuation will be refunded.

8. Technical Support and Attention to Members VP360°

VP360 ° Members undertake to inform VP360° of any fact or situation that could result in the interruption of the consultation or operation of the VP360° Platform, as well as any aspect related to the presentation of the service, including billing of the same.

Likewise, they may request technical support and attention to any query they require to improve their experience due to the provision of the service, through the means of communication specified below:

a) Email: contacto@vp360.com.mx

b) Telephones: (55)1559-2560, (55)1559-2561 and (55)1559-2562

VP360° undertakes to provide a response to any of the technical and administrative problems whose solution depends exclusively on its operating capabilities, within a period not exceeding 72 (seventy-two) hours from the confirmation of receipt of the respective communication.

The hours established for technical support and attention to VP360° Members are from Monday to Friday from 09:00 to 14:30 hrs. and from 4:30 p.m. to 6:00 p.m. (Mexico City time)

9. VP360° Community

The Community is a space designed by VP360°, whose purpose is to make the following elements available to its members, among others:

a) News and articles at national and international level;

b) Training Material;

c) Information that allows networking between its members; and

d) Basic advice.

To be a member of the VP360° Community, VP360° Members must have their current Membership. VP360° reserves the right to invite Associate Clients it considers to join the VP360° Community.

In order to achieve the purposes pursued by the VP360° Community, both the VP360° Members who have their current Membership and, where appropriate, the invited Associate Clients, expressly authorize VP360°, to disseminate among the members of the VP360° Community your name or company name, logo or trade mark, telephone numbers, email and web address.

Likewise, the members of the VP360° Community expressly authorize VP360° to use their information for the purpose of informing them of improvements and updates within the VP360° Platform and the VP360° Community, sending them promotional information for marketing purposes, as well as for any other that is required to improve the quality of the service.

10. VP360° Liability Limits

VP360° is committed to provide its services in a professional manner, applying the best commercial and technological practices in order to provide Associate Clients and VP360° Members with timely and reliable information. However, it will not be responsible, under any nature, in the cases and conditions described below:

a) Due to failures in the electrical supply, greater than 24 (twenty-four) hours, that feed the infrastructure and systems used for the execution of the VP360° Platform, provided that they are not a consequence of actions or omissions of VP360°;

b) Due to interruptions greater than 24 (twenty-four) hours in the availability of one or more of the electronic platforms used by any of the government entities, national and foreign, responsible for the Information Sources that the VP360° Platform monitors, if consequently it is prevented the location of a Find that concludes the validity of a VP360° Certificate.

c) For having provided the Associate Client or any VP360° Member, information or false, erroneous or incomplete identification data, which prevents the issuance of the Individual Findings Report, the VP360° Certificate, or causes errors in the identity or in the content of those documents.

d) Due to the existence of homonyms in natural persons in the National Information Sources, as long as only the name has been provided in the VP360° Platform; or, in International Information Sources, in which the Federal Taxpayer Registry does not have application as an element of personal identification.

e) Any other event that prevents the provision of the service performed by VP360°, in the terms established in the Service Provision contract or in these Terms and Conditions, provided that they are the result of fortuitous event or unforeseeable and insurmountable force majeure.

In no case and under no circumstance will VP360° be responsible, nor will it pay any compensation to an Associate Client or VP360° Member due to the updating of any of the hypotheses described in the previous paragraphs. However, VP360° undertakes to inform Associate Clients and VP360° Members of any of the aforementioned eventualities and, where appropriate, formulate the necessary estrangement before the competent national or foreign authorities.

11. Confidentiality, treatment and transmission of information

The treatment of the confidential information of your property provided by the Clients Associated with VP360°, will be regulated in the following terms:

a) In the case of natural persons, by the Privacy Notice that is published on the electronic portal that can be accessed by following: https://www.vp360.com.mx/en/notice-of-privacy;

b) Regarding Associated Clients, it will be regulated in the terms of the Confidentiality Agreement (Non-Disclosure Agreement or NDA) formalized with VP360°.

Associated Clients who transfer information or data to VP360°, property of natural persons that make up its Supply Chain or third parties, are obliged to comply with the obligations imposed by article 36 of the Federal Law on Protection of Personal Data in Possession of Individuals and, by exception, under the protection of the assumptions that are described in sections IV and VII of article 37 of the indicated Law, whenever they are applicable. Consequently, the Associated Clients assume full responsibility for the transfer of the information and data indicated in this paragraph, committing themselves to release VP360° in peace and safe if any claim in this regard arises.

The information and data owned by VP360° Members that they provide to VP360°, through the VP360° Platform, will be considered confidential and consequently kept, reserved and will not be fully or partially disclosed to third parties, except in the cases and for the purposes that are expressly described in the relevant sections of this instrument. VP360° undertakes to comply with the obligations imposed by the Federal Law on Protection of Personal Data Held by Private Parties. In order to comply with this obligation, VP360° undertakes to adopt the necessary and sufficient appropriate measures and practices, both in its technology and in its personnel and collaborators, to safeguard confidentiality and prevent unauthorized dissemination.

Thus, the VP360° Platform has an SSL certificate that allows secure business transactions encoded in base 64 URLs and operates with a JWT standard for API – ERP connection; data encryption for access credentials; implements a CSRF Token that prevents third parties from sending requests to the application; SQL injection prevention standard that prevents malicious code from infiltrating the platform; no bank data is saved, since at the time of making any transaction, it is done directly on the banking pages; if payments are made with credit or debit cards, we do not save the bank security code such as the CVV; there is a security firewall to prevent more advanced computer threats and specific attacks; and internal protocols for physical access to the servers, which are conditioned and monitored 24 (twenty-four) hours a day, 7 (seven) days a week.

In the event that any VP360° Member wishes to modify or rectify his/her provided personal data and information, he/her may do so through his/her profile on the VP360° Platform or by requesting it, by sending an email to contacto@vp360.com.mx; therefore, VP360º Members are obliged to keep their personal information permanently updated.

VP360° in no case, nor in any way, will disclose to third parties information or data that allows knowing and identifying the integration of the Supplier Chain or third parties provided by an Associated Client.

The VP360° Members accept and authorize VP360° to share your information with the Associated Client or Associated Clients with whom you have business relationships.

VP360° reserves the right to use information provided by the parties for statistical, marketing, or advertising purposes carried out by itself or by third parties, provided that the applicable legal framework is not violated, or the rights that assist its owners.

The confidentiality obligations of this agreement will not apply to information that: is public or publicly accessible; is previously known by the party who receives it or has been previously disclosed by the party that issues it; and its communication or disclosure is required by the applicable legislation or by order of the competent administrative or judicial authority.

Once the legal relationship between VP360° and the VP360° Members concludes, the information and data provided by the VP360° Members that are no longer necessary, will be cancelled, after blocking them, for subsequent deletion.

12. Limitations of use and exploitation of the VP360° Platform

Associated Clients and VP360° Members undertake NOT to carry out any of the operations listed below:

a) Use the VP360° Platform, the VP360° Community or any of the elements that comprise it, to develop subcontracting operations;

b) Become a provider of application services derived from access to the VP360° Platform, the VP360° Community or any of its components;

c) Allow access to the VP360° Platform, the VP360° Community or any of its components to third parties through rental operations, administrative services or any other of a similar nature, sharing them or making them available to third parties;

d) Subjecting the VP360° Platform, the VP360° Community or any of its elements, to activities that lead, directly or indirectly, to the decompilation of its software, that imply its submission to operations of a reverse nature to those that determined its construction or that, ultimately, they constitute or may constitute reverse or reverse engineering, decompilation or disassembly operations. None of the sections of this document may be understood as an authorization to access the source code of the VP360° Platform or the VP360° Community;

e) Use the VP360° Platform or the VP360° Community as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights;

f) Perform acts of reverse engineering, gathering requirements and other activities aimed at developing an online platform identical or similar to the VP360° Platform or the VP360° Community. These acts will be considered as unfair competition and violation of intellectual and industrial property rights;

g) Translate, adapt, improve, transform, correct the VP360° Platform, the VP360° Community or any of the elements that integrate them or in any other way modify it, not being able to incorporate the platform(s) to other software or own platforms or provided by third parties;

h) Remove, delete, alter, manipulate or modify the notes, legends, indications, logos or commercial symbols that VP360° incorporates into its properties in terms of intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc. ) either in the VP360° Platform itself, in the VP360° Community, as well as in the associated material;

i) Transfer, even free of charge, your access credentials to the VP360° Platform or to the VP360° Community to third parties, nor delegate the rights acquired through the contracting of VP360° services;

j) Use logos, data, videos, brands, slogans, commercial messages, images, color combinations, property of VP360° that cause confusion among potential Associate Clients or VP360° Members;

k) Use the VP360° Platform or the VP360° Community to improperly gain access to the computer code of automated sequences to learn about the business model with which VP360° operates;

l) Assign, transfer or encumber, partially or totally, the rights and obligations derived in your favor in these Terms and Conditions; as well as sublicensing the services contracted with VP360° to any person;

m) Force failure or look for security gaps in the VP360° Platform or the VP360° Community, and

n) Any action or omission of another of an analogous or similar nature that results in a violation of moral, patrimonial, industrial property rights, the preservation of industrial secrets, the integrity of the business model and healthy economic competition, whose ownership corresponds to VP360°.

Associate Clients and VP360° Members accept and acknowledge that VP360° has the right to terminate access to the VP360° Platform or the VP360° Community in the event of incurring in any of the conduct described in the preceding paragraphs or violating any of the provisions contained in these Terms and Conditions, even at the discretion of VP360°.

In the event that any of the behaviors described above occurs, VP360° will promote the legal actions of a civil, administrative or criminal nature that are necessary for the preservation of its rights. Likewise, the Associated Clients and VP360° Members are obliged to pay the damages caused directly by their partners, associates, representative, legal representatives, collaborators or any third party linked to them that they could cause to VP360° due to the violation of any of the provisions contained in these Terms and Conditions.

For any litigious issue or that concerns the rights of VP360 °, the Mexican legislation will be legally applicable, being competent for the resolution of all conflicts arising or related to the use of this service, the courts and tribunals of Mexico City.

13. Non-competition considerations

All intellectual and industrial property rights, as well as the moral and patrimonial rights of the author related to or derived from the VP360° Platform or the VP360° Community are the sole and exclusive property of VP360°.

Associate Clients or VP360° Members expressly undertake not to carry out, either directly or on behalf of third parties, the development or improvement of a document management platform that includes functionalities or technologies that were expressly provided or contained in the Platform VP360° or in the VP360° Community, being considered the act of unfair competition and, in such case, assuming the possible responsibilities derived from these acts. In the same way, they undertake that, once the contractual relationship has ended, they will comply with the non-competition commitment that will last for the next 5 (five) years from the end of the provision of the service regulated here, not being able to market and/or or promote technological solutions that may enter directly or indirectly into competition with the above-mentioned platform.

14. Final considerations

VP360° reserves the right to modify these Terms and Conditions, without the express acceptance by the Associate Clients being a prior requirement or of the VP360° Members, as long as the modification does not substantially affect its essential conditions.

The conditions, rates and discounts that are agreed with each Associate Client or VP360° Member will be applied from the moment the relationship with VP360° is formalized, either through the signing of the contract for the provision of services or the acceptance of these Terms and Conditions on the VP360° Platform or in the VP360° Community. In the event that the Terms and Conditions were updated during the validity of the legal relationship with the Associate Client or the VP360° Member, this modification will not affect the relationship with them, being only applicable in the event that the user renews the contract once it has ended.