Acceptance

Please read these terms and conditions and the privacy policy carefully before agreeing to subscribe to Tila App.

If you do not agree to our terms and conditions and privacy policies, please refrain from using the services.

By using the services of the application, you accept in all its extremes the present terms and conditions, as well as our privacy policies.

At any time during the installation or use of the application, the user may be required to accept the terms and conditions and privacy policies by checking a box.

It is considered a requirement of use for the application and to access the content to check this box, in case of not checking the acceptance, the user may not be able to access the content of the application or purchase a subscription.

To be a user of our services, you must obtain the acceptance by a person of legal age with sufficient capacity to enter into contracts, in case of minors the terms must be accepted by their legal guardian or guardian.

General Information

The following terms and conditions apply to the services, products and content developed by Tesla Market Insight SA de CV described in the websites www.tila.app and the applications developed by the same, such as TILA App.

Relevant definitions

– About us: Tesla Market Insight SA de CV, www.tila.app and Tila App.

– User: Person who subscribes to and uses the services.

– Services: Refers to the application, content developed by us, our website, and any others that are made available by us.

– Device: Refers to the device from which the services are accessed, e.g., cell phone (mobile), tablet, computer, among others.

Contact

Our official email address for any inquiry or request for information about the terms and conditions described herein is: [email protected]

Modifications in the terms

Tesla Market Insight SA de CV reserves the right to modify, change or update these terms and conditions, as well as any other policy or practice of Tesla Market Insight SA de CV. Any change, modification or update will be communicated in a timely manner to users through the website www.tila.app, and will become effective at the time of publication. Continuing to use the services after the changes, modifications or updates, implies the user’s acceptance of the terms and conditions.

Privacy Policy

As part of our privacy policy, you agree to the storage and processing of your personal information for the purpose of processing payments and tracking the use of services and products.

By using the products the user declares that he/she understands and accepts the possibility that Mexico may have personal data protection regulations different from those of his/her jurisdiction of residence, so that the level of protection of his/her data may be different from that of his/her country of residence, notwithstanding which he/she gives his/her consent for the processing of his/her data to be carried out in Mexico. Please refer to the privacy policy for more information: https://tila.app/aviso-privacidad.php

User Agreement

These terms and conditions, as well as the privacy policy and any subscription or purchase order represent the Agreement between the User and Us. You may be required to agree to additional terms and conditions incorporated herein.

Where there is a conflict between these terms and conditions and the additional terms and conditions, the additional terms and conditions shall prevail. At the time of making a purchase or subscription, carefully review the details of the terms and conditions described before purchasing or using the services, since with these actions you accept such terms. Any questions regarding these terms should be sent to us at oficial:[email protected].

Memberships & Subscriptions

To make use of the services, purchase products and access the content, you must create a User account, using your email address and personal information. It is important to take into consideration that said email will be used for communications and notifications from Tesla Market Insight SA de CV.

It is the sole responsibility of the User, the correct use of your personal data and the due care of the access data to your account, such as your password and payment information. You can see more information about the storage and use of your personal data in our privacy policy.

Use by minors is permitted when supervised by their legal guardian or caregiver. At the moment of making a purchase, the User declares that he/she is a person with the capacity to bind himself/herself and enter into contracts.

Membership Types

To fully access our content and make use of our services a paid membership is required, some content will be available to the user for free.

– Paid membership: It is a subscription membership that grants the user unlimited access to our content and services. Subscription The user may purchase a paid membership, under the subscription modality, from the beginning or after the trial period has expired.

There are three types of subscription:

– Monthly

– Semiannual

– Annual

Prices for each subscription will be set forth in the application and on our website. We reserve the right to adjust subscription prices as deemed appropriate. Subscription price adjustments will be communicated to the User through the channels established for such purposes, the adjustment will become effective once the communication to the User has been made.

Subscriptions are automatically charged, the user acknowledges and agrees that in the applicable billing period the corresponding reduction of the payment method indicated by the User will be made automatically.

If the user wishes to dispense with the services, he/she must do so under the terms established in the Service Cancellation section before the billing period, otherwise the charge will be made, even if the subscription has been cancelled.

Also, the user agrees to keep the payment information updated, if the information is incorrect, inaccurate or the payment method does not have sufficient funds to make the payment, the user will be responsible for the amounts, charges and taxes incurred for the effective collection of the subscription. Please note that payments made through mobile application platforms such as the Apple App Store and Google Play Store are subject to the policies of each platform. Each sale made through the mobile application platforms will be considered final and no refunds apply to them.

Technical requirements

To access the content, our products and services the smartphone must meet the technical requirements indicated on our website and mobile application platforms.

Cancellation of Service

You can cancel your subscription within the APP at any time without penalty. However, once your subscription has been paid the money will not be refunded. In case the subscription is automatically renewed, you must proceed to cancel it before the next billing period. If the application was downloaded from a provider you must cancel the subscription on the provider’s platform as well. We reserve the right to terminate your access to and use of the services, without notice and at our discretion.

Those clauses within these terms and conditions which by their nature must remain in force after the termination of the Agreement shall be considered binding, even if the Agreement is terminated.

Removal and access of personal information

At any time, the User who has given his consent to the use of his personal data, may withdraw the consent by sending an email to the address [email protected], with the heading “Withdrawal of Consent”.

Also, the User may at any time restrict the use of the information provided to Tesla Market Insight SA de CV through the website www.tila.app, or the use of our products such as Tila App. The user may access their personal information at any time through their online account or by sending an email to [email protected].

In addition, it is possible for Users to check or uncheck the option to receive information by email, either for sending promotional content or relevant information regarding our products and services. This option can also be unsubscribed by performing the process described in the previous section. To request deletion of your personal data that we have on file, please send an email to [email protected]. We will respond to your request within a reasonable time frame.

Restriction of Use & Access to Material

The use of the products, services and content of Tesla Market Insight SA de CV will be exclusively of a personal nature, it is prohibited to make commercial use of the same, or conduct research, analysis or scientific evaluation of the products, services and content without prior express written authorization from Tesla Market Insight SA de CV. By subscribing, the User agrees not to interfere with the servers or networks related to the products or services, nor to send, upload, upload or transmit any material that contains viruses or malware that may attempt, damage, interrupt, limit the functionality or destroy any equipment, whether software or hardware, directly or indirectly linked to the products and services. It is prohibited for the user to access the services, products, content and material in an unauthorized or unauthorized manner, as well as to impersonate other people, behave in an offensive or indecorous manner when using the services. As detailed in the sections Copyright and User License, access to the material is solely for use by the User, does not imply ownership rights over it or over the products or services of Tesla Market Insight SA de CV.

Both our products and services, as well as our material are protected by Copyright and Intellectual Property Rights, any use different from that established in the present terms and conditions will be sanctioned according to the applicable legislation.

Copyrights

Tesla Market Insight SA de CV is committed to compliance with the rules relating to the protection of Intellectual Property and Copyright, so if you believe that any of our content or services infringes these protections please send an email to the address [email protected], with the subject “Copyright Protection” attaching the relevant evidence and the capacity in which you act in your claim. As part of these terms and conditions the User agrees not to upload, share, transmit, broadcast or store, on our services, products, website or mobile application, any content that is protected under Copyright Protection and Intellectual Property laws in any jurisdiction, without the prior consent of the author. The User further agrees and undertakes not to upload, share, transmit, disseminate, copy or reproduce our content and material, whether for free or for profit to third parties. The user accepts and acknowledges that the material and content of our services are the exclusive property of Tesla Market Insight SA de CV, unless otherwise indicated.

This material is made available to the User for use according to the conditions set forth in User License, so that no property right is acquired on our content when subscribing to our services. Any use of our products, services, materials or content other than as provided in these terms and conditions, as well as use by third parties outside the User’s subscription, is prohibited.

Disclaimer of liability

The information contained in the products and services of Tesla Market Insight SA de CV is made available to the public for informational purposes.

Our services and content are not intended for the treatment or diagnosis of specific conditions, nor are they intended to fulfill specific therapeutic purposes, so we do not guarantee that the information in our content, products and services is correct, reliable, accurate, or suitable. The services and contents of our App are aimed at meditation and mindfulness, are made available to the user for their convenience, but at no time are they a substitute for medical, psychological or psychiatric care.

Both the content and our services and products are recommendations provided as general information to the User, the use and access to our products and content is at the risk and responsibility of the User. Therefore, we are not responsible for the decisions and actions of the user made on the occasion of the use of our services, products or access to our content, as it is the sole responsibility of the user to assume the consequences of their actions.

Health Kit /Google Fit/ Apple HealthKit

Android users will have the option to allow the SERVICES to provide data on the number of minutes measured, among other pertinent data, to the Android “Google Fit” app. Likewise, Apple iOS users will have the option to allow SERVICES to provide data on the number of minutes measured, as well as pertinent data, to the Apple iOS “Health” app for display. This information will not be shared with third parties or used for commercial purposes.

User License

By subscribing, under the terms and conditions set forth in the Agreement, you obtain from us a limited, non-exclusive license to make personal use of the Services. Some of the services or content are exclusively available on a paid subscription basis.

The license may be revoked under the terms set forth in Cancellation of Service, and covers only the transmission and downloading of the services and material, strictly prohibiting their reproduction or commercial use. As defined in the Copyright section, the services provided are protected by applicable copyright and intellectual property regulations. Therefore, all content and services offered by Tesla Market Insight SA de CV are the exclusive property of Tesla Market Insight SA de CV, and the granting of the license to the user does not imply the sale or derive rights for the user on them, beyond the use as stipulated in the terms and conditions of the Agreement. The User agrees and undertakes not to make by himself or assisting third parties copies, storage, reproduction, transmission, modification, alteration, reverse engineering, decompile or disassemble the products or services, or create derivatives of the services and content provided by Tesla Market Insight SA de CV. The user agrees not to (i) use the services and products to create software products for the creation of applications; (ii) rent, lend, sell or distribute the products and their contents to third parties; (iii) alter the products to evade the protections established by Tesla Market Insight SA de CV for restricted content, (iv) circumvent established territorial restrictions. In general terms, the user agrees not to use the products, services and content in a manner contrary to the provisions of this User License clause. In case of violation of these terms, Tesla Market Insight SA de CV reserves the right to proceed legally as appropriate for the satisfaction of the damages caused by the actions of the user.

General Terms & Conditions

Conflict resolution

Any claim, dispute or controversy arising out of these terms and conditions, the privacy policies and any component of the Agreement, as well as the use of the services, whether for breach, interpretation, performance or termination will be resolved in the first instance through alternative dispute resolution mechanisms.

Applicable jurisdiction

The applicable jurisdiction for the resolution of any conflict related to the terms and conditions described herein, prior alternative dispute resolution as indicated in the previous clause, shall be the United Mexican States, specifically the Courts of Mexico City.

Warranties and limitations

We guarantee that our services materially comply with their description and are developed with due care for services and products in the area. However, the manner in which you use the services is your responsibility and we shall not be liable to you, your family members, heirs or any third party for any loss, death, damage or bodily injury suffered by you or caused by you to any third party in connection with your use of the services or activities related to your use of the services.

We do not warrant the fitness of the services for a particular purpose or the continued secure availability of our services. Nor do we make any warranty of merchantability or as to the quality, completeness or reliability of any content.

Force majeure

We shall not be liable to the user for any unavailability or failure of the services and products developed, for low or poor performance, or any delay on our part in the fulfillment of these terms and conditions, when attributable to a force majeure cause, i.e. an unforeseeable or unavoidable situation.

Interpretation

For the application and interpretation of these terms and conditions, the relevant definitions set forth at the beginning of these terms and conditions shall be observed in all cases.

Likewise, it should be considered that any expression that intends to provide an example does not establish an exhaustive list, nor does it limit the scope of application or reduce the possibilities to what is established subsequently to such expressions. Such expressions include, but are not limited to: “for example”, “including”, “as”, “in particular”.

If you have any doubts about the interpretation of any of the terms and conditions, please send an email to: [email protected] subject: Interpretation.

Electronic communications

Any communication between the user and us related to our services and these terms and conditions will be made electronically, to the address established by the user at the time of creating the profile.

The user can request a written copy of these terms and conditions by sending an e-mail to: [email protected], the associated costs (e.g. shipping) will be covered by the user.

Notifications

At the moment of account creation, the user accepts that the e-mail address established will be used as a means of notifications.

Notifications made by e-mail shall be deemed to have been received on the date on which they are sent.

If the user wishes to communicate with us, he/she may do so by e-mail: [email protected], establishing as subject “Notification” plus the reason for the communication.

Indemnity

You acknowledge and agree that you will hold Tesla Market Insight SA de CV, as well as its officers, directors, employees, agents, representatives, harmless against any claims, demands, disputes, damages, suits, expenses and legal costs, arising from your use of the services, access to content or your violation of the terms and conditions of the Agreement.

Limitation of Liability We shall not be liable to you, your family members, heirs or any third party for any loss, death, damage or bodily injury suffered by you or caused by you to any third party, in connection with the use of the Services or activities related to the use of the Services. We will not be liable for equipment, server or computer malfunctions during the registration process, the completion of a subscription or purchase, or during the transmission of data, nor for any damage that occurs due to information not being received in a timely manner as a result of (i) slow data transmission due to the internet provider, (ii) incorrect transmission of information, (iii) technical failures of our software, or (iv) technical failures in our hardware, regardless of whether such failures are beyond our control. We will also not be liable for any loss or damage to your device, data or other property caused by malware or viruses that may infect your device obtained through our electronic communications or while using or downloading the services.

We shall not be liable for damages caused on websites related to our products and services when these are operated by third parties.

Under no circumstances will our liability be greater than the price paid for the services, so it is limited exclusively to the amount paid by the user for the services.

Nullity

If any of these terms and conditions subsequently become null and void, they shall be deemed deleted from the Agreement and shall not affect the validity and enforceability of the Agreement.

Notice of Arbitration and Waiver of Class Action Waiver Please note that these terms contain an arbitration clause. Except for certain types of disputes mentioned in this arbitration clause, you and Tesla Maket Insight SA de CV agree that disputes relating to these terms or the use of the services shall be binding upon the arbitration board, and you and Tesla Maket Insight SA de CV waive any right to participate in litigation, class action or collective arbitration.

Assignment

The assignment of the present terms and conditions is prohibited for the user without prior written authorization from Tesla Market Insight SA de CV.

Rights of third parties

Any person other than the User, i.e. who is not a party to the User Agreement comprised in part by these terms and conditions shall have no rights contained in or related to these terms and conditions.