TERMS AND CONDITIONS OF USE

No unlawful or prohibited use. As a condition of your use of the Site and the Products and Services provided by SIMDATAGROUP, you agree and warrant that you will not use them for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other terms that apply to your misuse of the service. You may not use any tool in any manner that could, without limitation, damage, disable, overburden, or impair any SIMDATAGROUP server or the networks connected to any SIMDATAGROUP server or interfere with any other party's use and enjoyment of the services. You may not gain unauthorized access to SIMDATAGROUP, other accounts, computer systems or networks connected to any SIMDATAGROUP server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You may not use the Site or any products or services offered by SIMDATAGROUP in a manner that infringes the rights of any third party, including intentionally harming any person or entity, including SIMDATAGROUP. You may not distribute, publish, license or sell commercially any products, information or services obtained from SIMDATAGROUP.

The User undertakes to use the Site, its content and any product or service or aspect related to it and/or offered by SIMDATAGROUP, in a manner that does not harm the rights or interests of SIMDATAGROUP or of the persons directly or indirectly related to it or of third parties. The User shall use the Site, its content and/or the products and services offered by SIMDATAGROUP in a manner that does not damage, render useless, deteriorate or impair it in whole or in part.

Violations to the System or the Database. Any intrusion, attempted intrusion, or activity in violation or contrary to the law or these Terms and Conditions, shall make the responsible party liable to the corresponding legal actions (civil and/or criminal), and the user shall assume the obligation to indemnify SDG for the damages

At present, the technological means available do not allow to guarantee the absolute lack of interference of the action of third parties on the Internet Sites, neither SIMDATAGROUP nor the information providers in any way guarantee the accuracy of all or part of the information contained in the service, nor its updating, nor that such information has been altered or modified, in whole or in part, by means of third parties.

SIMDATAGROUP undertakes to use its best efforts to prevent such actions; however, if the system or database of SIMDATAGROUP or third parties is nevertheless broken into, SIMDATAGROUP undertakes to use its best efforts to investigate the origin of the illegal act, but shall not be liable for any damages resulting from such violation.

Geographic Available. products and services may vary depending on your region or device.

For End Users Only. It is necessary to be a User to acquire SIMDATAGROUP services, this means that the products and services acquired through any agreement or contract with SIMDATAGROUP are for the exclusive use of the User who acquires them.

The User may not lease, sell, grant sublicense, assign, negotiate or transmit under any modality its rights of use of the products or services provided by SIMDATAGROUP, nor authorize the total or partial copy of the same in the equipment of any third party.

Billing. By providing SIMDATAGROUP with a method of payment, User: (i) represents that you are authorized to use the payment method you provided and that all information you provide is true and accurate; (ii) authorizes SIMDATAGROUP to make the respective charges for the products or services or available content you purchase with your payment method; and (iii) authorizes SIMDATAGROUP to make the respective charges through a payment gateway, including but not limited to, OpenPay and/or Stripe and/or Paypal, where your data will be shared for proper payment for the contracted service. You agree to promptly update your account information and other necessary information, including your email address, credit and/or debit card numbers and expiration dates, in order for SIMDATAGROUP to complete transactions, or to contact you as necessary in connection with your transactions. SIMDATAGROUP will under no circumstances be the entity making the respective charge. SIMDATAGROUP will use a payment gateway, therefore SIMDATAGROUP will not store any of User's payment information, and User hereby releases SIMDATAGROUP from any wrongdoing by the third party payment company (hereinafter referred to as "payment gateway") or any situation that occurs to the third party with the payment information. SIMDATAGROUP, will invoice the contracted products and services in the following ways: (a) by month in advance; (b) at the time of purchase for the proportional days of the current month; or (c) periodically the first 5 (five) calendar days of the month, in the case of monthly subscriptions. Additionally, SIMDATAGROUP may charge the amounts approved by the User either by sending an e-mail with the User's payment request and/or through the payment gateway, in accordance with the terms of its subscription, this charge will include any change in the amount, which will be at least an annual increase according to the percentage of the annual inflation index determined by the competent authority(ies), this amount will be charged periodically, on a monthly basis, in the case of subscriptions during the entire time in which SIMDATAGROUP provides the services to the User. SIMDATAGROUP may bill simultaneously for more than one (1) of its previous billing periods for amounts not previously processed.

If User is participating in any trial period offer, it is User's responsibility to cancel the service at the end of the trial period to avoid incurring new costs, unless otherwise notified by SIMDATAGROUP. If the User does not cancel the service at the end of the trial period, it will be understood that the User authorizes SIMDATAGROUP to charge the product or service by the approved payment method.

After the activation of the services, the User will have 3 (three) working days to receive the activated services, after which the services will be considered accepted and 100% of the consideration will be billed.

The Services provided to the User do not include additional costs for development of interfaces with any Dealer Management Systems (hereinafter referred to as "DMS") or any other ERP or other system(s), if applicable, will be quoted separately; likewise any request by the User for customization of the service will be quoted separately. Customization" shall be understood as any additional requirement by the User that does not interfere with the operation of the service.

The User shall be solely responsible for processing with the DMS the delivery of the interface with SIMDATAGROUP and this shall be within a maximum period of 30 days after the signing of the contract and/or service proposal. The User will always be responsible for requesting to the DMS the elaboration or implementation of the Interface with SIMDATAGROUP.

Recurring Payments. By purchasing SIMDATAGROUP products, services or content on a subscription basis (e.g., monthly, quarterly or annually, as applicable), you acknowledge and agree that you authorize the applicable recurring payment for the same, and that payments will be made to SIMDATAGROUP via the method you have chosen at the applicable recurring intervals, until either you or SIMDATAGROUP terminate the subscription, or such termination occurs pursuant to the terms set forth in the Terms and Conditions and/or the Service Agreement. By authorizing recurring payments, you authorize SIMDATAGROUP to process such payments as electronic debits or electronic funds transfers, through the OpenPay and/or Stripe and/or PayPal and/or similar payment platforms, or as electronic payment orders from your designated account (in the case of Automated Clearing House or similar payments) or charges to your designated account (in the case of credit cards or similar payments) (collectively, "Electronic Payments"). Subscription prices are billed and/or charged in advance in respect of the applicable subscription If a payment is returned or if a credit card or other similar method transaction is declined or declined, SIMDATAGROUP or its service providers reserve the right to charge any costs for commissions on returns and/or refunds, declines or other fees as permitted by applicable law.

The non-payment of one or more invoices for the services provided and contracted by the User shall expressly entitle SIMDATAGROUP to suspend the operation and functioning of the products and services provided by SIMDATAGROUP immediately and without any liability whatsoever for SIMDATAGROUP, therefore, the User and the legal entity for which the User works, releases SIMDATAGROUP from any claim and/or liability, and therefore, the User and/or the company and/or legal entity or individual for which the User provides its services, grant SIMDATAGROUP the most ample termination that is legally appropriate and desist from filing any procedure and/or administrative or judicial recourse against SIMDATAGROUP.

The User accepts the above and assumes any risk, loss, damage or harm that he/she may suffer, due to the lack of operation, access or functioning of the Site, or the products and services offered by SIMDATAGROUP as a consequence of the lack of timely payment of the applicable charges, expressly releasing SIMDATAGROUP, partners, shareholders, its suppliers, subsidiaries and affiliates or companies that are part of its business group, from any legal, civil, commercial, labor, administrative or criminal liability, as well as from the payment of any damages of any kind that may be caused to your property or person or in any other way as a result of the foregoing.

Quantities and denominations. Prices will be established by SIMDATAGROUP in the currency selected by SIMDATAGROUP. Prices are subject to change without prior notice, at SIMDATAGROUP's discretion, and will be increased annually at least according to the INPC (Mexico's National Consumer Price Index or the one that may replace it), or the average inflation of each year that elapses, among others.

 Upgrades. If applicable, SIMDATAGROUP will check for and download updates to its products or services, even if you are not  logged into your account, without your authorization.

You agree that, by using an upgrade or update, you voluntarily and completely waive your right to use any previous version of the Software.

Software License Rights and Use. The software and any other digital content available on the Site and/or offered by SIMDATAGROUP are provided under license, not sold, and the User acknowledges that its use does not grant the User any ownership rights over the same, or over the intellectual and industrial property of SIMDATAGROUP.

You understand and acknowledge that your rights with respect to these products, services or software are limited by these Terms and Conditions, by intellectual property law and by the rules of use referred to above. Software licenses purchased from SIMDATAGROUP are subject to the license agreement attached to the respective software, and the User will be required to accept the license agreement upon installation of the respective software. Any reproduction or redistribution of the software not in accordance with these Terms and Conditions, the rules of use and applicable law is expressly prohibited by law and will result in severe civil and criminal penalties. Except as expressly provided in this agreement, SIMDATAGROUP does not grant the User any intellectual property rights in the Software, and any rights not expressly granted are reserved by SIMDATAGROUP and its partners, shareholders, including its subsidiaries and affiliates.

The User undertakes to respect the intellectual and industrial property rights of third parties when using the tools and utilities made available through the software.

Automatic renewal selection. Provided that automatic renewals are permitted in your country, region, province/territory or state, you may choose which services automatically renew at the end of a fixed service period. If you elect to automatically renew a product or service, SIMDATAGROUP may renew such product or service at the end of the then-current service period and charge you the then-current price for the renewal period, unless you elect to cancel the service. SIMDATAGROUP will bill for the renewal using the payment method chosen by User, regardless of whether it was registered on the renewal date or provided at a later date. User may cancel services prior to the renewal date upon 60 (sixty) days prior written notice, for which cancellation must be made prior to the renewal date to avoid being billed for such renewal.

Payments made to User. If User receives a payment in error, SIMDATAGROUP may reverse or demand a refund, and SIMDATAGROUP may reduce a payment made to User without notice to adjust any overpayment. You agree to accept and cooperate with SIMDATAGROUP in taking any action that SIMDATAGROUP determines to be reasonably necessary.

Customer Service. SIMDATAGROUP will grant support to the User, as long as he/she contracts a support policy, by telephone and/or e-mail. The User will be able to generate a ticket of help request to the mail soporte@simdatagroup.com

SIMDATAGROUP will treat as non-confidential any Feedback provided by User or other third party users. In any event, SIMDATAGROUP may use, disclose, publish, maintain in confidence or otherwise exploit the Feedback without compensating the User or the User's Customers or other third party in question.

Changes to Terms. SIMDATAGROUP may change these Terms and Conditions at any time without notice. Please review the Terms and Conditions each time you visit or make use of the services provided by SIMDATAGROUP. We recommend that you save or print a copy of these Terms and Conditions for future reference.

Privacy and protection of personal information. The User accepts and grants that SIMDATAGROUP has made available to him/her the Privacy Notice, therefore, knowing its content, he/she grants his/her consent so that his/her personal data, as well as those of any third party that have been provided to SIMDATAGROUP are treated and in its case transferred as established in said notice. In case you have provided Personal Data of third parties, you are obliged to inform those Owners of the referred Privacy Notice, as well as the means by which SIMDATAGROUP has them at its disposal, which will always be available at the following address https://simdatagroup.com/aviso-de-privacidad.

Likewise, by means of the present, the User accepts and grants a license of unlimited use and without any compensation in favor of SIMDATAGROUP, of his/her data and/or the data of the company or society for which he/she works and represents, which may be used, in an enunciative but not limited way, for statistical and marketing purposes and for SIMDATAGROUP's own purposes

Errors. SIMDATAGROUP takes all reasonable steps to publish accurate information, update software on a regular basis and correct errors when they are discovered. However, any part of the content of the Site, the software or the products and services offered by SIMDATAGROUP may be incorrect or out of date at any given time. SIMDATAGROUP reserves the right to make changes at any time, including to service prices, specifications and offers and Customer fully releases SIMDATAGROUP for any incorrect content.

The User acknowledges and accepts that SIMDATAGROUP may perform the maintenance and changes it deems appropriate or necessary for the proper provision of services, so that some tools may be disabled or deactivated, without any liability on the part of SIMDATAGROUP, during the time in which such maintenance or change is being performed.

Acceptance of the User to participate in SIMDATAGROUP dynamics and events. The User expressly accepts and agrees to participate in the dynamics, programs and/or events, whatever their denomination, including but not limited to, "SIMLEADERS" and/or "SIMINDEX", such dynamics or programs may be published in digital format, print media and/or social networks (RRSS), so the User agrees to be published in the sections of "Hall of Fame" and/or any other publication, where he/she is named as "Winner" and/or "Champion" and/or "Champion".

Within the document "SIMDATAGROUP SIMLEADERS" and/or any other denomination designated by SIMDATAGROUP, reference shall be made to the classification of "Winner" and/or "Champion" and/or "Champion", being understood as winner/champion/champion the Automotive Group and/or Distributor that may be published if it is qualified with one of the highest positions in a ranking, according to the criteria and algorithms owned by SIMDATAGROUP. In case of being named as "Winner" and/or "Champion" and/or "Champion", the User accepts and grants SIMDATAGROUP the authorization to publish the following information of the company and/or society in which he/she works: i) Automotive Brand, ii) name of the automotive group to which it belongs, iii) name of the branch, iv) ranking position, v) category and/or vi) indicator (KPI).

For further information, the User may access the following web page https://simdatagroup.com/ .

Duration and Termination of the use or access. The duration of the use, the services or products provided by SIMDATAGROUP, will be for the term contracted by the User and according to the particular characteristics of each one, nevertheless, during its validity SIMDATAGROUP will be able to rescind and terminate in advance, without previous notice and without any responsibility at its expense, the use of the services or products provided by SIMDATAGROUP in the following assumptions:

1. When SIMDATAGROUP has notified the User that it has not complied with the provisions of these Terms and
2. When the User denies access to SIMDATAGROUP to carry out the audits or to issue the corresponding reports thereof, in the applicable
3. When the User uses or exploits the products or services offered by SIMDATAGROUP for any improper use or any use not authorized by SIMDATAGROUP in these Terms and
4. When the User assigns, transfers or sublicenses partially or totally the rights granted in the software license for User of each product or service contracted from SIMDATAGROUP, without prior written authorization from
5. When the User discloses intellectual property of SIMDATAGROUP to unauthorized
6. When the User violates any of the provisions contained in these Terms and
7. When the User or the company for which the User works copies SIMDATAGROUP
8. When the User or the company for which the User works, use the information provided by SIMDATAGROUP to make their own
9. When the User or the company for which the User works, is a third party beneficiary of any contract that SIMDATAGROUP has with its network of
10. Anything that simulates or appears to be an infringement of SIMDATAGROUP's intellectual property or any software product due to any alliance or integration that SIMDATAGROUP and its allies have had.
11. When SIMDATAGROUP, at its own discretion, decides to rescind and terminate the service in

SIMDATAGROUP reserves the right to take such action as it determines to be reasonably necessary in its sole discretion in connection with any violation of these Terms and Conditions. You agree to accept and cooperate with SIMDATAGROUP in taking any action it determines to be reasonably necessary.

Exclusive Warranty. SIMDATAGROUP, its suppliers, subsidiaries or affiliates do not grant express warranties or conditions, other than those established at the time of contracting SIMDATAGROUP products, services or tools, which constitutes the exclusive remedy available to the User in the event of a claim.

SIMDATAGROUP does not guarantee the accuracy or timeliness of the information available. The User acknowledges that computer and telecommunications systems are not error-free and that there are force majeure causes beyond SIMDATAGROUP's control dueto which there may be occasional periods of downtime. SIMDATAGROUP does not warrant that access to the services will be uninterrupted, timely, secure and error-free, nor that there will be no loss of content.

By the sole fact of accessing the services provided and contracted with SIMDATAGROUP, the User waives its right to sue SIMDATAGROUP by any means, for the lack of availability or continuity in the operation of its products or services.

SIMDATAGROUP does not control and does not guarantee the absence of viruses in its products and services, nor the absence of other elements in these that may cause alterations in the computer system of the Users (software).

By the mere fact of accessing or using the services provided by SIMDATAGROUP, the Users waive their right to sue SIMDATAGROUP by any means, for any damage or harm suffered in their computer system (software), or in their mobile device, as well as their products and services, or because they have transmitted a virus or any other harmful element or for any other reason in the relationship between the user and SIMDATAGROUP.

The Customer accepts the foregoing and assumes any risk, loss, damage or harm that may be suffered for such reasons, expressly releasing SIMDATAGROUP, its suppliers, subsidiaries and affiliates, from any legal, civil, commercial, labor, administrative or criminal liability, as well as from the payment of any damage or harm of any kind that may be caused to its goods or person or in any other way as a consequence of the foregoing.

Assignment. To the extent permitted by applicable law, SIMDATAGROUP may assign, transfer or dispose of its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to the User.

The User accepts and acknowledges that SIMDATAGROUP may share the information provided by the User with any third party with which SIMDATAGROUP maintains a contractual and/or business relationship, information that will be used for business activities. The User acknowledges that this authorization is voluntary and free of charge, and that, in accordance with the provisions of the Federal Copyright Law and/or similar, SIMDATAGROUP has the User's authorization for the above mentioned purposes. Notwithstanding the foregoing and for the purpose of developing and offering a better service to the User, from this moment on you accept and acknowledge that by signing these Terms and Conditions you grant SIMDATAGROUP the broadest authorization that by law corresponds and releases SIMDATAGROUP from any liability or obligation arising from the sharing of such information.

The User may not assign or transfer any rights under these Terms and Conditions upon express prior notice to SIMDATAGROUP.

The User may not lease, sell, grant sublicenses, assign, negotiate or transmit under any modality its rights of use of the services or products granted by SIMDATAGROUP, nor authorize the total or partial copy of the same for its own use or that of third parties prior written notice to SIMDATAGROUP.

Liability for damages. The User shall immediately indemnify SIMDATAGROUP for any damage and/or prejudice of any nature caused by breach of these Terms and Conditions or any applicable regulation.

Notwithstanding the provisions of the preceding paragraph, in the event that SIMDATAGROUP is fined or condemned by a competent authority to indemnify any person for any damage and/or harm caused by the User, the User shall pay SIMDATAGROUP the corresponding amount, within 15 (fifteen) calendar days after SIMDATAGROUP notifies the respective amount; otherwise, the User is obliged to pay to SIMDATAGROUP as a conventional penalty for the mere delay in the fulfillment of the obligation, an additional amount equivalent to the main amount in which SIMDATAGROUP would have been affected.

SIMDATAGROUP shall not be liable for damages suffered by the User, its hardware, or third parties, which occur directly, indirectly or accidentally as a result of or in connection with the use of the products and/or services, and/or tools provided, including the downloading of material through our services. SIMDATAGROUP shall not be liable for any damage caused to Users or third parties as a result of the inability to use our services and/or our Site and/or products, whether directly, indirectly, or in connection with this event. Therefore, the use of our services is carried out at the User's own risk and the User shall be solely responsible for any possible damage suffered in its computer or other system, whether by viruses, hackers, etc., as well as the possible loss of data resulting from the download of such materials, or by the use of the tools necessary to provide the products or services, so that the User disclaims any liability to SIMDATAGROUP with respect to any such eventualities.

You understand and agree that your use of the Site, services and products is at your sole risk. You understand and agree that SIMDATAGROUP is not responsible for the availability and/or functionality of any third party web sites or material you may access through the SIMDATAGROUP web site.

The user expressly agrees to abide by the TERMS AND CONDITIONS OF USE contained in this document, and therefore, releases and discharges SIMDATAGROUP, as well as its business group, partners, subsidiaries, officers and employees from any liability, claim, demands and/or any legal action that may arise with respect to this document and/or publication, granting the most comprehensive termination that by law corresponds.

Applicable Jurisdiction. Any interpretation and/or conflict related to all or part of the present Terms and Conditions, or about the fulfillment of the same by SIMDATAGROUP, will be submitted to the jurisdiction of the competent Judges and Courts of the city of Merida, Yucatan, Mexico, renouncing the User to any other jurisdiction that may be competent by virtue of its present or future domicile.

In the event that any part of these Terms and Conditions or any of the other legends is declared invalid by any judicial authority, the remaining parts shall remain in full force and effect in all cases where this is possible, SIMDATAGROUP reserves the right to integrate and interpret the parts not declared invalid by such authority.

Notifications and communication. For customer support inquiries, please visit www.SIMDATAGROUP.com or call us at +52 (999) 9 26 5005.

Notifications and communication. For customer support inquiries, please visit www.SIMDATAGROUP.com or call us at +52 (999) 9 26 5005.

Electronic Consent and Electronic Signature. The Parties hereby expressly acknowledge and agree that this document, as well as any consent, approval or other documents related thereto, is and may be executed either by handwritten signature or by Electronic Means and Electronic Signature, being any of them binding, valid and effective for all legal purposes. Each one of the Parties shall be responsible for keeping the contract and its signed accessory documents. In this sense, the parties shall consideras received the signed documentation at the moment of its reception through the Docu-sign, Zap-Sign, Adobe Sign platform and/or any other system used by SIMDATAGROUP for this purpose.