TERMS OF SERVICE

TERMS AND CONDITIONS

We inform Users of the following Terms and Conditions of Use, which apply to them simply by using the Web Platform and its features, applications, and services. Therefore, it is understood that the User accepts them and agrees to be bound by their compliance.

If you do not agree with these Terms and Conditions of Use, you must refrain from accessing or using the Web Platform.

Molusc™ reserves the right to modify the content of the Portal at its sole discretion and at any time, without prior notice.

The user, understood as the person who uses or accesses the platform via computer and/or communication equipment (hereinafter the “User”), agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Web Platform or the databases and/or information contained therein.

USE AND RESTRICTIONS

Accessing or using the Web Platform expresses the User’s full and unreserved adherence to these Terms and Conditions. Through the Web Platform, Molusc™ makes technical linking devices (such as links, banners, buttons, among others) and search tools available to the User. Molusc™ shall have the right to deny, restrict, or condition the User’s access to the Platform, entirely or partially, at its sole discretion, as well as to modify the Services and Contents of the Platform at any time without prior notice.

By accepting these terms and conditions of use, the User acknowledges that they are at least 18 years old, or the legal age required in their country of residence to be considered of legal age, and therefore possesses the legal capacity to be bound by these terms and conditions. Consequently, Molusc™ is not responsible for the use of the Web platform by minors, disclaiming from this moment any dispute that may arise in this regard.

The utilization of the Services and Contents of the Web Platform is the exclusive responsibility of the User, who in any case must use them according to the functionalities allowed on the Web Platform itself and the uses authorized in these Terms and Conditions of Use. Therefore, the User is obligated to use them in a manner that does not violate the rules of use and coexistence on the Internet, the laws of the United Mexican States, the current legislation in the country where the User is located when using them, good morals, human dignity, and the rights of third parties. The Web Platform is for the User’s individual use, meaning they may not commercialize the Services and Contents in any way.

The Registered Trademark “Molusc™”, and its creators, are excluded from any liability that could be attributed to them due to dissatisfaction that the User might experience in the event that the services offered through the digital platforms fail to meet the User’s expectations, since the content offered is not created or offered on a personalized basis, but generally, and its use is strictly limited to the nature of the service.

The User does not have the right to place hyperlinks within the Platform, to use the links contained in the Web Platform for a purpose other than that established in these Terms of Use, nor the right to place or use the Services and Contents on their own or third-party sites or pages without the prior written authorization of Molusc™. Likewise, the User shall not have the right to limit or prevent any other User from using the Portal.

LINKED THIRD-PARTY GOODS AND SERVICES

The fact that information is offered on the Web Platform or through other links does not imply any recommendation, guarantee, sponsorship, or approval by Molusc™ regarding such information, goods, and/or services. The availability of goods and/or services offered by third parties or by linked sites owned by third parties is not the responsibility of Molusc™. In view of the above, Molusc™ shall not be liable before any authority of any nature for any matter related to the use, sale, consumption, distribution, delivery, availability, or provision with respect to any of the goods and/or services offered by third parties or by sites linked through the Web Platform.

Regarding the Services and Contents provided by third parties through links to the Web Platform (such as links, banners, and buttons), Molusc™ strictly limits itself, for the User’s convenience, to making them available to the User, without assuming responsibility for any damage or loss suffered by the User as a consequence thereof.

INTELLECTUAL PROPERTY

The intellectual property rights regarding the Services and Contents and the distinctive signs of the Web Platform, as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution, and transformation, are the exclusive property of Molusc™, as well as of the Registered Trademark “Molusc™” and its creators.

The User does not acquire any intellectual property right by simply using or accessing the Services and Contents of the Web Platform, and at no time will such use be considered an authorization or license to use the Services and Contents for purposes other than those contemplated in these Terms and Conditions of Use.

APPLICABLE LAWS AND JURISDICTION

For the interpretation, compliance, and execution of these Terms and Conditions of Use, the User agrees that the Federal laws of the United Mexican States shall apply, and the courts of the city of Guadalajara, Jalisco, shall have competent jurisdiction, expressly waiving any other forum or jurisdiction that may correspond to them due to their present or future domiciles or for any other cause.

PRIVACY NOTICE FOR THE PROTECTION OF PERSONAL DATA

Molusc™, with its registered address located in Guadalajara, Jalisco, Mexico.

In accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), your provision of Personal Data to Molusc™ constitutes the acceptance of these Terms and Conditions:

This Notice aims to protect your personal data through its legitimate, controlled, and informed processing, in order to guarantee your privacy, as well as your right to informational self-determination. In accordance with Article 3, Section V, of the Federal Law on the Protection of Personal Data Held by Private Parties, Personal Data is understood as: Any information concerning an identified or identifiable natural person.

Molusc™, in accordance with the provisions of Section I of Article 16 of the Law, will be responsible for the Users’ personal information (Personal Data). Molusc™ will use the data solely for the purpose of storing information that helps us provide a better service regarding the content and design of our platform. To carry out the purposes described in this privacy notice, we will use the following information: name, telephone number, email, or physical address.

Should you require any of the changes mentioned in the previous article, you must send an email to contacto@molusc.com. In compliance with Article 29 of the Federal Law on the Protection of Personal Data Held by Private Parties, said request must contain the following information: a) Your name and address or other means to communicate the response to your request; b) The documents that prove your identity or, where appropriate, the legal representation of the person making the request on your behalf; c) A clear and precise description of the personal data with respect to which you seek to exercise any of the rights mentioned in the preceding paragraph; and d) Any other element or document that facilitates the location of your personal data. If you request the rectification of personal data, you must additionally indicate the modifications to be made and provide the documentation that supports your request. The response to your request will be communicated to you within a period of twenty business days, counted from the date it was received in accordance with the provisions of Article 32 of the Federal Law on the Protection of Personal Data Held by Private Parties. This period may be extended for an additional twenty days in the cases established by the aforementioned Law, so that, if appropriate, the measures adopted to comply with your request are carried out within fifteen business days following the date on which the response is communicated.

We suggest you review and analyze the content of the Federal Law on the Protection of Personal Data Held by Private Parties, as regulatory changes to which we are subject may occur.

Molusc™ uses various technologies to improve the efficiency of its websites, including your experience when navigating these sites. Among other technologies, this includes the use of cookies. Cookies are physical files of personal information hosted on the user’s own terminal so that the server remembers certain information that it can later use. This information allows us to identify you and save your personal preferences to provide you with a better browsing experience. The user has the possibility of configuring their browser program in a way that prevents the creation of cookie files or warns of their existence.

In compliance with the provisions of Article 16, Section VI, any change in this privacy notice will be published on the Platform, so it should be reviewed constantly to stay informed of such changes.

If you choose to leave our Web Platform through links, banners, or buttons to websites not belonging to our entity, Molusc™ will not be responsible for the privacy policies of those websites or for the cookies they may store on the user’s computer.