Thinkworks Terms of Service

1. LEGAL NOTICE AND ACCEPTANCE

This legal notice (hereinafter, the “Legal Notice”) governs the use of the services on the website www.thinkworks.mx (hereinafter, the “Portal”) made available to the user by Thinkworks S.A.P.I. de C.V. (hereinafter, “THINKWORKS”).

THINKWORKS has its registered address at INSURGENTES SUR 1752, COL. FLORIDA, ALVARO OBREGÓN, CDMX 01030; it is legally incorporated in accordance with the laws of the United Mexican States, as evidenced by Public Deed No. 65165 dated July 15, 2020, granted before Notary Public HÉCTOR MANUEL CÁRDENAS VILLAREAL No. 201 in Mexico City.

Use of the Portal grants you the status of user of the Portal (hereinafter, the “User”) and implies full and unreserved acceptance of each and every provision included in this Legal Notice in the version published by THINKWORKS at the time the User accesses the Portal. Consequently, the User must carefully read this Legal Notice each time they intend to use the Portal, as it may be modified.

The use of certain services offered to the User through the Portal may be subject to specific terms and conditions (hereinafter, the “Specific Conditions”) which, as applicable, replace, supplement and/or modify this Legal Notice. Therefore, prior to using such services, the User must also carefully read the corresponding Specific Conditions.

Likewise, use of the Portal is subject to all notices, regulations of use, and instructions made known to the User by THINKWORKS, which replace, supplement and/or modify this Legal Notice.

2. PURPOSE

Through the Portal, THINKWORKS provides the User with access to and use of various services and content (hereinafter, the “Services”) made available by THINKWORKS or by third parties.

3. CONDITIONS OF ACCESS AND USE OF THE PORTAL

3.1 Nature of Access and Use

The provision of the Services by THINKWORKS is prepaid for the User. Notwithstanding the foregoing, some Services provided by THINKWORKS or by third parties through the Portal are subject to payment under the terms established in the corresponding Specific Conditions.

3.2 User Registration

As a general rule, provision of the Services requires prior subscription or basic registration of the User. THINKWORKS may condition the use of certain Services upon completion of the corresponding User registration. Likewise, THINKWORKS may make available Services that require additional registration. Such registration shall be completed in the manner expressly indicated in the relevant service or in the applicable Specific Conditions.

3.3 Provision of Services by THINKWORKS

THINKWORKS is constantly innovating to provide the best possible experience to the User. The User acknowledges and agrees that the content and nature of the Services provided by THINKWORKS may change from time to time without prior notice.

As part of this ongoing innovation, the User acknowledges and agrees that THINKWORKS may modify and/or suspend, permanently or temporarily, the Services or any features thereof, at its sole discretion and without prior notice. The User may discontinue use of the Services at any time without notifying THINKWORKS.

The User acknowledges and agrees that to use THINKWORKS Services, they must register an electronic account. If THINKWORKS disables access to the account, the User may not be able to access the Services, account information, or stored files and content.

THINKWORKS reserves the right to set limits on storage space and/or bandwidth at any time and at its sole discretion.

3.4 Accuracy of Information

All information provided by the User through the Services must be truthful. The User guarantees the authenticity of all data submitted and is responsible for keeping such information updated. The User shall be solely responsible for false or inaccurate statements and for any damages caused to THINKWORKS or third parties.

3.5 Minors

Minors must obtain prior authorization from parents or legal guardians, who shall be responsible for all acts performed by minors under their care. Adults responsible for minors are solely responsible for determining appropriate content access.

3.6 Proper Use of the Portal and Services

The User agrees to use the Portal and Services in accordance with the law, this Legal Notice, the applicable Specific Conditions, and generally accepted moral standards and public order.

The User agrees not to use the Services for unlawful purposes, nor to transmit or distribute illegal, defamatory, discriminatory, violent, misleading, infringing, harmful, or otherwise unlawful material. The User shall not reproduce, duplicate, copy, sell, resell, or exploit the Services without authorization.

The User accepts sole responsibility for any breach of these Conditions and any resulting damages.

3.7 Proper Use of Content

All information, including files, text, software, audio, video, photographs, and other materials placed on the THINKWORKS site (hereinafter, “Content”) is the sole responsibility of the person who created it.

THINKWORKS reserves the right (but not the obligation) to pre-screen, review, filter, modify, reject, or remove Content.

The User acknowledges that they may be exposed to advertising or content they consider offensive and uses the Services at their own risk.

The User agrees not to reproduce, distribute, modify, or publicly communicate Content without proper authorization, nor to remove copyright or ownership notices.

3.8 Anti-Spamming Policy

The User agrees not to collect data for advertising purposes or send unsolicited communications. Complaints regarding unsolicited messages may be sent to contacto@thinkworks.mx.

3.9 Hyperlinks

Users who create hyperlinks to the Portal must comply with specific conditions, including linking only to the homepage and not misrepresenting THINKWORKS or implying endorsement.

4. NO LICENSE

All trademarks, trade names, and distinctive signs displayed on the Portal are the property of THINKWORKS or third parties. Access does not grant the User any rights over such intellectual property.

Content is protected by intellectual property rights and may not be exploited beyond what is strictly necessary for proper Portal use.

5. DISCLAIMER OF WARRANTIES AND LIABILITY

THINKWORKS does not guarantee uninterrupted availability, security, accuracy, legality, or usefulness of the Portal, Services, or Content.

To the fullest extent permitted by law, THINKWORKS excludes all liability for damages arising from:

  • Lack of availability or continuity

  • Viruses or harmful elements

  • Third-party services

  • Linked websites

  • Misuse by Users

  • Inaccuracies or unlawful content

6. PERSONAL DATA PROTECTION

Access to certain Services may require personal information (“Personal Data”). The User agrees to provide accurate and current information.

Personal Data may be used to improve Services and offer new services. THINKWORKS will process Personal Data according to its Privacy Policy and applicable law.

THINKWORKS may use cookies to enhance user experience. Users may configure their browsers to reject cookies.

7. PROCEDURE IN CASE OF UNLAWFUL ACTIVITIES

If any User or third party believes unlawful activities or intellectual property violations are occurring, they must notify THINKWORKS with detailed information and supporting documentation.

8. NOTIFICATIONS

Notifications from the User to THINKWORKS shall be effective when sent by:

  • Postal mail to INSURGENTES SUR 1752 COL FLORIDA ALVARO OBREGON CDMX 01030

  • Telephone: 5515 option 3

  • Email: conntacto@thinkworks.mx

Notifications from THINKWORKS to the User shall be effective when sent by postal mail, email, phone call, or pop-up message using the contact details provided by the User.

9. CHANGES TO THE TERMS

THINKWORKS may modify these Terms of Use at any time. Continued use of the Services constitutes acceptance of such changes.

10. WITHDRAWAL AND SUSPENSION OF SERVICES

THINKWORKS may withdraw or suspend Services at any time without prior notice to Users who breach this Legal Notice.

11. DURATION AND TERMINATION

Provision of the Portal and Services is indefinite. THINKWORKS may terminate or suspend Services at any time.

12. APPLICABLE LAW

This Legal Notice is governed by the laws of Mexico.

13. JURISDICTION

THINKWORKS and the User expressly submit to the courts of Mexico City, waiving any other jurisdiction.

January 1, 2019