TERMS AND CONDITIONS OF USE OF IN-XCHEDULE APP.

These are the terms and conditions of use of the technological application IN XCHEDULE (abbreviated as InX), mobile and web platform developed by GC MOBIL TECHNOLOGY S. DE R.L. DE C.V. (abbreviated as GCMT) and protected by the Federal Copyright Law.

When you download and use the "InX" application and/or any service or technological component related to the services and functionality of InX, you as a user accept all the terms of use and conditions that are defined in this document, this agreement of use with the user, constitutes a legal agreement between the user of the application and GCMT.

As a user of the services, you agree to respect and abide by them, if you DO NOT agree to ALL the terms and conditions of service described below, do not access the INXCHEDULE application, or use any service or technology provided by the same

I. USE CONTINUITY:

You must read this agreement carefully, as by indicating acceptance of this agreement or by using InX, you are entering into a legally binding agreement with GCMT as a user. If you do not agree to these terms and conditions, you may not use the functionality or the products and services of InX, technology protected by the Federal Copyright Law. GCMT has exclusivity for the exploitation of InX's economic rights.

II. CONTENT:

This application belongs to the category of project management systems for installation or construction of works, which is designed to facilitate the control of work during the execution phase, and which allows to establish a network of work or remote monitoring from any mobile device, the status or progress of your project in real time. It has the functionality of being able to invite the client or contractor so that at the same time he can be monitoring and consulting the work in real time. Next, it is described in a general way:

  • Project Management: It is the access door to the records and progress that the work keeps. It contains subtitles where you access the real program and the expected program. It also contains the record of advance narratives and / or daily or step-by-step activities. You can keep the work log and a network of work or activities to be done. It is also capable of generating requests for information and at any time can share different information for the consultation of the work.
  • Warning Zone: This function automatically generates all the activities that are behind the expected progress or that are tasks not yet fulfilled.
  • Financial: Consultation of documents related to budgets, contracts, and purchases.
  • Commissioning: Are all those documents and procedures for closing and delivery of the finished work.

InX also has a desktop web page, from which the primary administration of the work or works is performed, and can perform the same operations from the desktop as if they were mobile devices. This project management system classifies users into a hierarchy, based on the level of access privileges as follows:

Client (Level-Base): This user can access all the information of the work, but can not modify the data of the same, and locks will be shown in the areas that can not be modified, but the client can also add the following:

  1. Documents, images and PDFs
  2. Create new Todo's for the resident
  3. Create discussions
  4. Punch List in Commissioning and Warning Zone

Resident (Level-1): It is the User that is in the field (the work under construction) and would have the function of coordinating the teams for the completion of the work. This user counts the access privileges to be able to see all the contents of the modules, and can be a user of one or several works. It may be the case that in a work there may be more than one resident and each one in charge of one or more specialties separately. In your Resident mode, you can add the following information:

  1. Feed the progress and tasks
  2. Daily Report (Daily Report)
  3. Tasks to be completed (ToDoList)
  4. Upload documents, images and PDF
  5. Discussions
  6. RFI's

You can also edit or modify the following:

  1. Open and closed ToDoList activities
  2. RFI's open and closed
  3. Advance of work (Schedule) by Work or Specialty
  4. Change orders
  5. Elements of the Punch-List (open and closed)

Superintendent (Level-2):In this mode, the user may be interacting with one or several works at a time, according to their sector or as appropriate. The platform is designed in such a way that a Superintendent or Level-2 in hierarchy, can be on the lookout for the works or specialties of the work in execution. The privileges that the user counts in the application are the following:

  1. You can add items to the Punch-List, but you can not modify the existing ones
  2. Reply and add RFIs
  3. Attend the Discussions section in the application
  4. Add all's to the resident
  5. Has read-only access to all elements of the modules

Construction Management or Management (Level-3): In this modality, the user may be interacting with all the specialties that are registered in the system. This user is able to access all the contents of the modules and intervene in them:

  1. Upload of documents, images and PDFs
  2. RFIs response
  3. Edit the Punch List
  4. Add all's
  5. Start discussions

Administration (Level-4): In this mode, the user will be able to fully access all the functions of the application.

III. USER CONTENT:

In relation to the use, installation and updating of InX, it is possible to upload, publish images, text, documents, graphics in electronic formats that are displayed on the network through the application, hereinafter "Content." The "Content" is from InX does not claim ownership of copyrights or other proprietary rights over such information and "Content." However, the user accepts without limitation all of the guidelines defined below:

  1. InX will not be responsible in any case before the user or its representatives or any authority for any use or misuse of its "Content", made by it or by any third party.
  2. The user declares and guarantees that he owns all the property rights of his "Content". It also states and guarantees that the publication of the "Content", as well as the exercise of the license rights granted to "CUSTOMER'S NAME" and the InX application, does not infringe any intellectual property rights of third parties, nor violate the rights of privacy or advertising, nor are they defamatory, vulgar, profane or obscene, nor do they violate any law or any other right, privilege or benefit of a third party.
  3. If for any reason there is an obligation to pay royalties to third parties for the exploitation of the "Content" sent by the user within the InX application and in accordance with the licenses granted by the user in this Agreement, the user will be solely responsible for paying all applicable royalties.
  4. The User is the sole and exclusive responsible for storing information on the servers of InX or its digital service provider. The User may use the InX Services only in compliance with THE TERMS AND CONDITIONS OF THE APPLICATION. The User has no right to use the InX Services and functionality in any way that could overload, alter, damage, disable or harm the Services or InX users, or use InX in any way that could lead to the transfer, distribution or the uploading of software or material that contains malicious code, such as viruses, time bombs, worms or other potentially harmful software, material or information.
  5. The User agrees not to use the InX Services for the purpose of uploading, publishing, sending email or any other way of processing or forwarding Content that violates applicable laws (including but not limited to information that may be considered as incitement to hatred racial, child pornography, slander, insult, instigation of rebellion, description of violence, and / or violation of copyright or any intellectual property right or data breach personal) or that can in any way be conceived as threatening, insulting, racist, offensive, vulgar and / or indecent or that leads to infringe the personal circle of an individual or to infringe mark registered third party or copyright or other intellectual property rights.
  6. The User consents to InX the processing and storage of personal data and the "Content", and to reveal Personal Data or Content if InX is required to do so by law or if InX at its discretion considers it necessary (a) to comply with a legal obligation; (b) ratify the Agreement with the User; (c) respond to statements that establish that the Content and / or Personal Data constitute a violation of the right of a third party or is against the law in any other way; or (d) protect the interests, rights, property or personal security of InX, its users or the general public.
  7. If a User finds that the Content of InX is in breach with the terms and conditions of use of this Agreement with the User, said User may submit a complaint to the section of customer service of InX. In the case of such claims, InX reserves the right to withdraw the content in question, either temporarily or permanently.

IV. LIMITATION OF LIABILITY OF THE USER CONTENT:

InX stores and distributes user content and does not control it by any means. All the tools of services or other content included in "Content" are the respective users, authors or distributors, InX is not responsible for the accuracy or reliability of the "Content". InX does not have any obligation to modify or control the "Content" that the user or publisher publishes or distributes, and will not be responsible in any way for the "Content". The user accesses and uses the "Content" at his / her own risk, InX will not be responsible under any circumstance for any loss or damage that any person can suffer as a result of using the "Content" developed by InX technology

V. CONTENT RESTRICTIONS:

The user must comply with ALL the rules that are defined and listed below as a condition to use InX. You, as a user, may not: (a) Use, upload, publish, distribute or transmit any "Content" in violation of any local, state, federal or international standards and treaties. (b) Except as permitted by this agreement, "Content" of third parties may not be collected. includes, addresses, email, without their consent. (c) Participate in any other conduct that interferes with the services of InX, expose any of its officers, directors, employees or agents to any responsibility or prejudice of any kind for the user content. The User may not use InX to send, publish, upload, distribute "Content" that: (a) Is defamatory, vulgar, threatening, violent, abusive, obscene, pornographic or illegal or that encourages any crime of any order, civil, criminal, commercial, labor. (b) Violates any right of privacy or publicity or any other rights of third parties; (c) Contain any statement, address, instruction that implies a reasonably foreseeable risk of injury or damage to the readers of the material or of third parties; (d) Contain software virus, malware or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment of InX.

VI. LICENSE OF USER CONTENT TO INXCHEDULE APP:

You as an end user are granted an exclusive license for 12 months, with the right to sub license through multiple levels (different levels of user), and copy, edit, modify, use, publish, distribute, all information fed into this application, in any format electronic and through any communication channel. a) This license is valid throughout the world. (b) The User is responsible for their own registration and the information contained in InX, through this agreement accepts the conditions of the InX Privacy Notice and accepts all terms and conditions of download and use of InX, same as defined in this document of terms and conditions. (c) In addition you agree not to share passwords with any other person or use another user's account, this does not It is allowed under any circumstance. (d) You will be entirely responsible for the use and security your account in InX. (e) InX will not be responsible in any case for the security and integrity of your account in if there is an unauthorized use of it.

VII. OWNERSHIP OF THE RIGHTS OF INXCHEDULEE:

The technology, services, functionality and information of InX is owned by GCMT. Without prejudice to above, all texts, images, sound, music, brands, logos, compilations (that is, the collection, classification and indexing of information) and the rest of the contents included in the tools and services, other than user content as defined below (hereinafter referred to as "Content"), all software incorporated in the products and services and used by InX to provide the Services is owned by GCMT. And it is protected by copyright and other property rights intellectual. Except as expressly permitted in this Agreement, any use, copy, reverse engineering, derivative works, transmission, publication, linking, redistribution, marketing, modification, translation or dismantling of software and products and services protected by the Copyright Laws is PROHIBITED and you may be subject to civil penalties or penalties for violations defined in this paragraph.

VIII. REGISTERED MARK:

Likewise, InX is a registered trademark and can not be used in connection with any product or service. that is not supplied by InX. The InX brand can not be used in any way that may cause confusion among users, or in any way that disparages or discredits the InX brand and / or GCMT, in case of physical or moral persons causing discredit, confusion and disparagement will be made creditors for the payment of damages for the affectation in the image of the registered and defined trademarks in the present paragraph.

IX. TYPES OF USE LICENSE OF INXCHEDULE:

1. USE LICENSE FOR USING INXCHEDULE:
The limitations of the number of projects and quantities of users will be specified in the commercial sales contract. InX grants you a license exclusive, non-transferable (with the right to sublicense in levels per user), for a period of 12 months, with In order to download and install an authorized copy of the InX license worldwide, to create, reproduce, feed, modify, and transfer content within the InX application and its different functionalities, including without limitation, the redistribution in any format through its use in the mobile device or computer equipment owned by the end user, computer equipment and mobile device that the end user must also own and control. The user runs the InX application on each device Mobile, Smartphone, Tablet or computer equipment solely for the management of operations and the achievement of business purposes.

By means of the total acceptance of the terms and conditions defined in this document, InX will authorizes the end user to access, install and use their functionalities. Through the use of this license the user will have the ability to upload or upload all kinds of images, graphics, documents, etc. in PDF format, JPG, and likewise the user will be able to generate content within the application. This license use granted to the User, forces him to obtain all the necessary consents in order to load the user content, including, but not limited to, the necessary consents of the owners of registered trademarks, owners of buildings or owners of any other intellectual property included in the Content.

X. SCOPE OF INXCHEDULE SERVICES

Consisten en, los sistemas, la información y los productos (incluyendo software) que aparecen en el sitio web de InX (www.inxchedule.com). La aplicación se compromete, de acuerdo con el Convenio con el Usuario, a dar acceso al Usuario a los servidores proporcionados de InX, a través del uso de la aplicación móvil InX o a través de un navegador web. El Usuario está consciente y acepta que el uso de los Servicios InX requiere que el Usuario tenga acceso a una conexión de Internet móvil o fijo. El Usuario deberá proveer por sí mismo, pagar y mantener dicha conexión a internet y todo el equipo que se requiere para acceder y utilizar los Servicios. En caso de que no se cuente con dicha conexión, la información capturada durante el tiempo sin acceso a internet será guardada e instantáneamente cargada al entrar en conexión nuevamente a la red.

The User is aware that InX can be closed immediately if InX considers it necessary for security or for other reasons. InX reserves the right to modify, add or delete functions in the Services and change unilaterally, make additions, and modify the terms of this Agreement with the User at any time. InX will notify you, through the mobile application, through the website of InX or by email to an email address provided by the User, of the amendments to the terms of the Agreement with the User and / or changes to the InXE Services that InX performs. In if the User does not accept such modification of the InX Services or the terms of the Agreement with the User, may, within thirty (30) days from the receipt of notification of the changes of InX, terminate the Agreement with the User, with immediate effect. A user who has not given terminated the Agreement with the User, no later than thirty (30) days from the date InX notified of the changes, you will be considered to have accepted those changes. InX will not be responsible for any disruption or distortion of Content that occurs during the transfer over the Internet. InX is maintains constant supervision to improve the services it provides, so it will not be responsible for any failure, error, impairment or situation that is generated during its use by the Client. InX does not protect against viruses or other harmful code and the User is aware that any opening of files available in InX is made at the user's risk.

XI. USER SUPPORT:

Support for Users of the InX application is provided through guides, frequently asked questions and Other supporting documents are available on the InX website, www.inxchedule.com. customer service number, in which it is possible to go in case of emergency. InX does not guarantee the availability of some support to Users for any specific question or support issues.

XII. CHANGES AND MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE OF INXCHEDULE:

This Agreement with the User includes the entire agreement between the parties regarding the use of of the User of the InX Services. Except for the right of InX to change, make additions and other ways to modify the terms and conditions of use at any time. The User is not authorized to transfer your rights or obligations under this Agreement with the User without consent by written by InX.

XIII. LANGUAGE.

The Spanish / English version is the only version that is accepted for the purposes of the terms and conditions of use of InX.

XIV. COMPUTER EQUIPMENT OR MOBILE DEVICE:

You are responsible for being the rightful owner of the mobile device or computer equipment and keep it in accordance with the specifications defined by the InX technological application.

You will be solely responsible for the payment of telecommunications fees and expenses, such as data to access the internet and partial payments of computer equipment acquisition plans and mobile devices. InX is not responsible for any loss or damage suffered by the devices mobile phones or computer equipment for damage to the equipment used or loss of information in relation to the use of the InX application. InX is not responsible for any economic charges made for an increase in its service or data plan to access the Internet.

XV. IDEAS PRESENTED TO INXCHEDULE:

InX is pleased to have feedback from its end users and appreciates your comments about the services and the InX application.

In case you send ideas or suggestions from the InX application, these suggestions will be considered and comments but in the case of implementing them the ownership of these will be exclusive to GCMT, none of the suggestions or comments will be subject to no obligation of confidentiality by GCMT and no will be responsible for any use or disclosure of any suggestion or comment. Without prejudice to above, InX will be entitled to the unrestricted use of the comments for any purpose, commercial or otherwise type, by any means without any compensation for the provider, author, creator or inventor of the suggestions or comments.

XVI. LÍMITES DE RESPONSABILIDAD

GCMT can interrupt the services of the InX technological application at any time, users end of the application should wait for inactivity to run the updates periodicals to the application. InX DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED. InX DOES NOT GIVE GUARANTEES THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, ACCESSIBLE AND THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SAFE OR THAT OPERATES WITHOUT ERRORS. InX NEITHER GIVES GUARANTEES REGARDING ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE TECHNICAL APPLICATION INXCHEDULE, ALL RESPONSIBILITY RECEIVE AT THE USER THAT FEEDS THE PLATFORM. THE FINAL USER MAY NOT UNDER ANY CIRCUMSTANCE CLAIM ANY incidental, consequential, INDIRECT, MORAL OR SPECIAL harm (INCLUDING LOSS DAMAGES) ECONOMIC, CIVIL RESPONSIBILITY, OBJECTIVE LOSS OF BENEFITS OR LOSS OF INFORMATION), WHETHER OR CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY DAMAGES RELATED TO THE INX APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS ARE NOT APPLICABLE TO YOU.

XVII. COPYRIGHT LAW:

InX complies and is protected by the provisions of the Federal Copyright Law. If you have any complaint or protest about materials published in the InX application send an email to the following electronic address: contacto@inxchedule.com.

Any notification alleging that the information stored or distributed through The InX application infringes intellectual property rights must include the following:

  1. Original power or certified copy of power to act on behalf of the owner of the rights of author (property rights) or another right that presumably was violated.
  2. Title of the National Institute of Copyright or its equivalent that contains a description of the work, copyright (economic rights) or other intellectual property that you claim to have been violated;
  3. A description of the material that you believe is infringing and where it is located in the InX application;
  4. Your address, telephone number (with country code) and email address;
  5. A statement in which you affirm that you have a good faith belief that the use of the materials in the services you complain about are not authorized by the owner of the copyright (copyright) or the law.
  6. A statement by you that the information mentioned in your notification is accurate and, under penalty of perjury, which are the copyright or intellectual property rights or are authorized to act on behalf of the author or owner of intellectual property.

XVIII. LAW AND APPLICABLE JURISDICTION (Fulfillment).

You as an InX user agree that all matters arising from or related to the use, Installation, updates and operation of the InX application will be governed by the courts and courts that within the United Mexican States GCMT consider. You as an InX user accept that any Any claim arising in connection with the operation, use or any other exploitation of the application will be heard and resolved in the state and federal courts located that GCMT orders within the United Mexicans You as a user give your consent to the jurisdiction of state courts and of the country and stipulates and expresses the impartiality and convenience of proceeding in said courts. If you as a user use, install or update the InX application from anywhere, you as end user will be responsible for compliance with all local or federal laws, and in no case will use the InX application, information or content thereof, violating Mexican laws or other laws or regulations of other countries outside of Mexico.

XIX. SUSPENSION OF SERVICES, EARLY TERMINATION AND FORCE MAJEURE:

InX reserves the right to suspend your password and / or access to the InX application at any time if you consider that an end user is violating this agreement. InX reserves the right to suspend or modify the present agreement, cancel the services of use, installation or updates or modify the features or functionality of the InX application, or modify its policies at any time, with or without prior notice to the end user. If you use the InX application as a user of any level, you are required by this agreement that enters into force at the time of use, installation or update of the application InX. You as a user are obliged to review the current version of this agreement, the notice of privacy and other policies and operating manuals of InX before using the access services, installation and updates. Under no circumstances InX or GCMT will be responsible for any breach of the present agreement, insofar as the non-compliance is due to factors beyond the reasonable control of InX.

XX. VARIOUS PROVISIONS:

No delay or omission of InX in the exercise of any of its rights that derive in any breach with respect to any of the terms and conditions of this contract shall be construed as a waiver of any right or of any other agreement, condition or agreement of this document. If any provision of this Agreement is considered by a court of competent jurisdiction to be invalid or inapplicable, this agreement will remain in full force and effect except for the part that was reformed. East agreement constitutes the entire agreement between you as a user of InX, and supersedes all previous promises, agreements or representations, written or oral, with respect to the object thereof.

With the registration of you as a user in the InX application, you grant to InX. your express consent FOR COMPLY with all the terms and conditions of this agreement and their rights and obligations under the present, rights and obligations for you to third parties are not assignable or transferable without the prior written consent.

This Agreement may be executed electronically, and acceptance will be completely linked to its registration, use, installation or update of the InX application and will constitute the execution of this agreement. You as the end user accept all the electronic written text of this agreement and the use, the installation and update of the InX application constitutes full acceptance of all terms and conditions of this document at the same time that it constitutes a "signature" for all purposes.