This section contains the Terms and Conditions of Use (“Terms of Use”), which should be familiar to Users and/or Clients, as applicable, whether natural or legal persons, national or foreign, who access or use the website https://inxightmedia.com/ (the “Website”).

By accessing the UXPERIENCENOW TECHNOLOGIES UX S.A.S. (the “Company” or “UX”) Website and using its content, including purchasing the products offered, you imply that you have read these Terms of Use and accept them without reservation. If you do not agree with all or part of these Terms of Use, you must refrain from using the Website.

1. Definitions

For the purposes of these Terms of Use, the following definitions shall apply:

Website: Page operated by UX to offer the various products and services offered by UX.

UX S.A.S.: Website Administrator.

Product or service: Any lawful good or service promoted, offered, and marketed through the Website.

Users: Natural or legal person browsing the Website and/or the User who accepts these Terms and Conditions.

Customer: Natural or legal person who purchases the products or services offered and who accepts these Terms and Conditions.

Content: All designs and edits made by UX for the client that are part of the products and services offered on the website.

2. About the Domain

The domain owners of the Website are:

• Owner: UX S.A.S
• Main address: Catalina Aldaz y Portugal, La Recoleta Building, Tower 3.
• Email: soporte@uxperience.com
• Telephone number: +1 (623) 297-4898
• Telephone support hours: 9:00 a.m. to 5:00 p.m., Monday through Friday.

3. Purpose of the Website
El Sitio Web tiene como finalidad brindar información a los Usuarios y/o Clientes sobre promociones y ofertas de productos y servicios, horarios de atención, cambios y devoluciones, y opciones para la entrega de los productos o servicios.

Furthermore, by creating an account on the Website, the User and/or Customer may purchase products and services and make payment for them. In this case, certain personally identifiable information may be requested that can be used to contact or identify you. Personally identifiable information may include, among others, your first name, last name, email address, and date of birth.

Similarly, to directly receive promotional offers, you must register for the Website newsletter, which will require your email address; however, you may unsubscribe at any time.

Since the purpose of the Website is to present reference information and offer products and services, mere access to the Website material is not intended to constitute, nor does it imply, any relationship between the User and the Company, or any other type of trust or professional relationship. Only when purchases of the products or services offered are made, or payments are made for the products or services purchased, will the User and/or Customer have a relationship with the Company.

1. Terms of Use of the Website

The Company does not guarantee that all products or services offered on the Website are available, nor that the prices are current at the time of the inquiry. Likewise, the products or services offered on the Website may only be purchased while they are available. As this is an e-commerce site, the stock or availability of products or services is updated online. Therefore, it may occasionally happen that a product or service runs out of stock during the purchasing process, making it impossible to continue with the purchase in these cases. UX will not be liable for the lack of a product or service offered on the Website.

All transactions made through the Website will be subject to the terms and conditions set forth herein. Each time a User and/or Customer accesses the Website, they must review the Terms and Conditions before carrying out any type of transaction. Each time they access the page, either themselves or through an authorized person, they accept the terms and conditions set forth herein. In the event that any User and/or Client does not agree with these Terms and Conditions, they must refrain from carrying out any transaction on the Website, as well as from providing personal information within it.

In this regard, we advise that these Terms of Use may be modified occasionally and without prior notice. However, once modifications are made, the Company will promptly notify them of any changes. Therefore, Users and/or Clients should consult the Terms and Conditions to learn about the changes in effect at the time of their purchase.

4.1. Obligations of Users and/or Clients:

In general, the User and/or Client undertakes to use the website correctly, to comply with these Terms of Use, as well as to comply with any warnings or instructions for its use. Furthermore, the User and/or Client undertakes to always act in accordance with the law, good customs, and the requirements of good faith.empleando la diligencia debida, y absteniéndose de utilizar el Sitio Web de forma maliciosa que pueda dañar, impedir o deteriorar su normal funcionamiento, y los derechos de la Empresa, de sus proveedores, de sus trabajadores o en general de cualquier tercero de forma directa o indirecta.

Minors are prohibited from accessing, registering for, or using the Website without the express consent of their parents. UX is not responsible for the truthfulness and accuracy of the data provided by the User and/or Client and, therefore, cannot verify their age. Specifically, and without implying any restriction, during use of the Website, the User and/or Client agrees to:

a) Guarantee and respond, in all cases, to the truthfulness, accuracy, validity, and authenticity of the Personal Data entered to create the account.
b) Not introduce, store, or distribute on or from the Website any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion, or that in any way violates morality, public order, fundamental rights, public freedoms, the honor, privacy, or image of third parties, or in general, current regulations.
c) Not to introduce, store, or distribute through the Website any program, data, virus, code, or any other electronic or physical device that could cause damage to these, any of the services, or any of the equipment, systems, or networks of the Company, any other User and/or Client, its suppliers, or, in general, any third party.
d) Not to carry out advertising or commercial exploitation activities through the Website, and not to use its contents and information to send advertising or messages for any other commercial purpose, or to collect or store personal data of third parties.
e) Not to use false identities or impersonate others when using the Website, including, where applicable, the use of third-party passwords or access keys or in any other way.
f) Not to destroy, alter, use for your own use, render useless, or damage the data, information, programs, or electronic documents of the Company, its suppliers, or third parties.
g) Not to introduce, store, or distribute through the Website any content that infringes the intellectual property rights or trade secrets of third parties, or in general any content that you do not have the right to make available to third parties, pursuant to law.
h) Maintain the confidentiality of your access password, assuming full responsibility for maintaining the confidentiality of your password registered on this Website or any of its services, which allows you to make purchases, obtain information, and make payments.
i) Update your Personal Data as necessary.
j) Have the necessary hardware, connectivity, and internet access for the Website to function properly.

The User and/or Client must not send the Company any confidential information without first consulting with one of our collaborators and having received authorization to send such information.

4.1. Registration of Users and/or Clients

The User and/or Client, under their sole responsibility, must complete their personal data truthfully, accurately, and precisely. The Company is not responsible for the veracity and accuracy of the data provided. The User and/or Client undertakes to update their data if necessary.
El Usuario y/o Cliente acepta y autoriza a UX a utilizar sus datos personales para confirmar la identidad de este. La Empresa se reserva el derecho de solicitar algún comprobante y/o dato adicional a efectos de corroborar los Datos Personales, así como de suspender temporal o definitivamente a aquellos Usuarios y/o Clientes cuyos datos no hayan podido ser confirmados.

The password for account access is for personal use, and providing it to third parties does not entail any liability for misuse. It is the User’s and/or Client’s responsibility to maintain the confidentiality of the username and password. The User and/or Client must immediately notify the Company of any breach or uncertainty regarding the confidentiality of their username or password. UX will not be liable for any changes made to the information and any repercussions that may arise from failure to notify the Company of any breach of the username or password to access the account.

4.1. Products and Prices

UX is not liable for any personal or material damage arising from the use of the products or services advertised on its Website. Additionally, it is suggested that the use of the products or services purchased on the Website be limited to authorized use. Each product includes a description of its components. The User and/or Client declares that they have reviewed them prior to use. UX will not be liable if the product or service does not meet the customer’s expectations.

The User and/or Client acknowledges that the purchase price is always the price at which the order was closed.

UX reserves the right to change prices, discounts, promotions, and other commercial conditions without prior notice, provided they do not have a published, limited condition. However, such changes do not apply to previously approved purchase orders.

4.2. Payment Methods

The Client agrees to make the full payment of the order amount using the payment method selected during order placement, for which they must follow the specifications established on the website.

The Client may pay for their order exclusively by credit card. When using a credit card, the client is responsible for the amount paid.

4.3. Billing

After express acceptance of these Terms and Conditions of Use and confirmation of payment, UX will issue the corresponding invoice. UX will issue the electronic invoice, which will be sent to the email address registered by the Client. Invoices delivered by UX comply with all current legal requirements.

UX advises that sales invoices cannot be modified once issued. The invoice is issued in the name of the individual or company listed under the billing address when the order is placed, so the user must ensure the order is placed with the correct billing address. All taxes arising from the transaction will be borne by the Client, specifically the value-added tax (VAT).

4.4. Order Fulfillment
Como se indicó en el numeral 3 de las presentes Condiciones de Uso, para realizar un pedido, es necesario crear una cuenta e ingresar con el nombre de usuario y contraseña creadas y bajo control del Usuario, mediante el formulario electrónico siguiendo las instrucciones indicadas por UX. El Usuario es responsable del buen uso de datos de ingreso (login). Si requiere
To change or delete users or roles, the User and/or Client must make an express written request to UX.

UX provides the User and/or Client with all necessary technical means to identify and correct errors when entering their data into the various forms that appear on the screen during the purchasing process. Data for orders that have already entered the execution and development process cannot be modified.

After registration, and to proceed with the purchase of products or services, the User and/or Client must add the product or service to the shopping cart or basket, following the instructions on the screen, completing the order form provided for this purpose and validating it.

The prices and offers presented on the Website are valid solely and exclusively for online orders placed on the page.
The prices published in the Website catalog include the retail price including VAT.

4.1. Delivery Time

Each service and product will establish its own terms and delivery times. Upon purchase, the Client accepts these terms and conditions in their entirety.

4.2. Exchanges and Returns

The characteristics of each product and service are subject to the conditions established by UX. Due to the services and products offered by UX, there are no refunds or exchanges under any circumstances. By purchasing UX’s services or products, the Client acknowledges and accepts this.

4.3. Intellectual Property

The User and/or Client agrees to respect the intellectual property rights of the Company and third parties.

The User and/or Client may download the website to their device for private, non-commercial use. Therefore, they may not exploit, reproduce, distribute, modify, publicly communicate, assign, transform, or use the content of the website for public or commercial purposes. UX is the sole owner of the trademarks displayed on the Website or has been authorized by the third-party owners. The use of the trademarks appearing on this website, or any other content on this website, is strictly prohibited unless expressly authorized.

The images appearing on the Website are the property of UX or third parties who have authorized their use, and may only be used with UX’s express permission.
Cualquier uso no autorizado de la información e imágenes aquí contenidas puede materializar una violación a las disposiciones legales en materia de derechos de autor, propiedad intelectual, privacidad de datos, publicidad y lineamientos y políticas internas en materia de comunicaciones.

UX es titular del software, derechos de autor y demás elementos de propiedad intelectual que se encuentren involucrados en el Sitio Web. No es permitido la reproducción de los mismos con fines comerciales y sin la autorización expresa de UX .

En caso de que considere que uno de los productos promocionados en el Sitio Web viola sus derechos de propiedad intelectual, contactarse a la dirección electrónico hello@inxightmedia.com
4.11 Content or products generated or created by UX for the client:

The Client represents and warrants that it has the ownership, title, and associated interests in the content it provides to UX, and that it has ensured that it has all necessary rights to such content to access, use, modify, and distribute it. UX under no circumstances guarantees to the Client that the content or design generated, modified, or created can be registered nationally or internationally in any of the international classes. This will be the client’s sole responsibility.

In the event of any legal dispute, claim, or similar, the Client completely releases UX, acknowledging and accepting that UX merely produces, executes, and edits the content and designs requested or required by the Client, taking into account the provisions set forth in the preceding paragraph. That is, the client has represented and warranted that it has the ownership, title, and associated interests in the content it provides to UX.

With respect to UX creations, the client owns all rights, title, and interest associated with the generated content.

UX does not acquire any ownership of the client’s content, but the client is required to grant certain rights to store and make it available for use in their designs.

The client agrees and authorizes UX, its affiliates, and its third-party service providers, who make the Service possible, to use the client’s or user’s content to develop, improve, and provide AI-powered products and services, including the use of machine learning technologies.

4.12 Limitation of the Company’s Liability

UX will not be liable for errors or problems in the operation of the Website due to the hardware, software, networks, IP connections, cabling, and general connectivity available to the User and/or Client. It is clearly stated that the Website works with the following browsers: Microsoft Edge, Chrome, Firefox, and Safari, within their latest versions. It is the responsibility of the User and/or Client to keep their browser updated to support the Website’s functionality.

The Company is not liable for any damages that may arise from interference, omissions, interruptions, computer viruses, malfunctions, and/or disconnections in the operational functioning of the electronic system or in the computer equipment of Users and/or Clients, caused by reasons beyond the Company’s control.

UX is not responsible for the accuracy of the Personal Data provided by Users and/or Clients. The User and/or Client is solely and exclusively responsible for the information uploaded to the Website, releasing the Company from any administrative, civil, and/or criminal liability.

The products and services presented on the Website are lawful and comply with Ecuadorian law. Access to the Website is voluntary and, therefore, is The User and/or Client shall be liable for any direct or indirect effects arising from their use of the Website, including, but not limited to, any adverse economic, technical, and/or legal consequences, as well as the disappointment of expectations generated by the Website. The User and/or Client shall be obligated to hold UX harmless from any claims arising, directly or indirectly, from such events.

In particular, UX is not liable under any circumstances for Users and/or Clients who use the Website in violation of the law, these Terms and Conditions of Use, generally accepted morality and good practices, and public order.

4.1. Website Availability

The Company does not guarantee the availability and continued operation of the Website; however, when reasonably possible, it will notify you of any interruptions in its operation, whether due to technical, security, control, maintenance, power outages, or any other cause.

Access to the Website is for an indefinite period of time; however, the Company reserves the right to suspend access without prior notice to Users and/or Clients who violate the conditions established for its use, and may take appropriate legal action. Furthermore, the Company reserves the right to restrict access to some sections of the website to the general public, limiting it solely to Clients through the access password, for which they will be responsible.

4.2. Third-Party Links

These Terms of Use refer solely to the Company’s Website and do not apply to third-party links, web pages, and/or applications accessible through it or, in general, any other services provided by third parties.

Consequently, the Company assumes no liability that may arise from them. When accessing other networks or computer resources, the User and/or Client agrees to abide by the provisions of the corresponding usage and privacy policies. In the event that the Company offers the User and/or Client such links, information, and/or services solely for their convenience, they shall be responsible for reading and accepting the terms of use and privacy policies published on such linked websites or applications.

5. Protection of Personal Data

The Company will protect the personal data of Users and Clients and will use them only to the extent that the processing of personal data is legitimate. Please review the General Data Protection Policy and the Privacy Notice for more information on how we process your personal data: https://inxightmedia.com/privacy-policy-2/.

6. Use of Cookies

The Company may use cookies to improve navigation on the Website and understand the preferences of Users and/or Clients. You can configure your browser to accept or reject cookies; however, to learn how we use cookies or configure them, you should review our Cookie Policy.

7. Applicable Law

These Terms of Use are governed by the laws of the Republic of Ecuador.

8. Modifications to the Terms of Use

The Company reserves the right to modify the Terms of Use at any time and at its sole discretion. The Company is under no obligation to notify you of any modifications to the Terms of Use.

The Company reserves the right to modify any content or information included on the Website. The Company is under no obligation to notify or inform you of any changes or modifications to the information contained on the Website.

9. Dispute Resolution

By using the Website in any manner, the parties irrevocably agree that, in the event of any disputes between them, they will make every effort to seek and find a mutually acceptable solution.

The Terms and Conditions were approved on October …, 2024. The last modification was made on October …, 2024.