1. Provider Identity and Acceptance of Terms

1.1 Provider identity

mxsity is a platform offering website design, development, implementation, and hosting services for restaurants, bars, and other local businesses in Mexico (hereinafter, the "Service"). The service provider is the holder of the "mxsity" brand, domiciled in Mexico City, Mexico, reachable at hola@mxsity.com and WhatsApp +52 55 3127 0149.

1.2 Electronic acceptance

By accessing and using the website www.mxsity.com and/or contracting any of the offered service plans, the user (hereinafter, the "Client") declares to have read, understood, and fully accepted these Terms and Conditions. If the Client does not accept these Terms, they must refrain from using the site or contracting the services.

1.3 Modifications to the Terms

mxsity may modify these Terms and Conditions at any time by publishing the updated version on the website. Modifications apply to new contracts from their publication date; for existing contracts, the originally contracted conditions will be respected unless there is an express subsequent agreement with the Client, consistent with the LFPC.

2. Object of the Contract

2.1 General description

The purpose of these Terms and Conditions is to regulate access to and use of the website www.mxsity.com, and the provision by mxsity of design, development, implementation, and hosting services for custom websites for local businesses.

2.2 Scope of Service

Depending on the contracted plan (monthly or annual), mxsity commits to:

• Design and develop a customized website for the Client, tailored to their brand and objectives.
• Implement a responsive site (optimized for mobile devices and desktop).
• Provide hosting with SSL certificate (HTTPS) while the plan is active.
• Integrate Google Maps, WhatsApp and call buttons, Google reviews, basic SEO, and bilingual support, as described in the plan at the time of contracting.
• Perform reasonable monthly content updates (text, images, schedules) included in the plan.

2.3 Exclusions

Unless expressly agreed in writing, the following are not included: development of advanced features not described in the standard plan (complex payment gateways, custom reservation systems, third-party integrations), drafting of Client-specific legal texts, or photography/video production. Any additional service must be agreed separately.

3. Pricing and Billing

3.1 Plans and pricing

• Monthly Plan: $299.00 MXN per month. No commitment, cancel anytime.
• Annual Plan: $2,990.00 MXN per year. Equals $249 MXN/month (savings of $598 MXN vs. monthly plan).
• Custom Domain Add-on: $290.00 MXN per year.

Current prices, applicable taxes, and additional charges will be clearly itemized before contracting, pursuant to the LFPC and NMX-COE-001-SCFI-2018.

3.2 Currency and payment methods

Prices are expressed in Mexican pesos (MXN). Accepted methods: bank transfer (SPEI), cash deposit, and debit/credit card. Payment is made in advance for the contracted period.

3.3 Billing and CFDI

If a digital tax receipt (CFDI) is required, the Client must provide complete and accurate tax information at the time of contracting. Invoice issuance is subject to current Mexican tax regulations.

3.4 Renewal and recurring charges

Subscription plans renew automatically at the end of each period unless expressly cancelled per section 8. The Client will be clearly informed of the recurring nature of charges before completing contracting.

4. mxsity Obligations

mxsity commits to:

• Provide services in accordance with the features and conditions published on the site at the time of contracting.
• Deliver the website within reasonable timeframes considering the information provided by the Client (on average 24 business hours when complete information is available).
• Keep the site hosted and accessible while the plan is paid and active, except for temporary interruptions due to maintenance, improvements, third-party failures, or force majeure.
• Inform the Client, when possible, of scheduled maintenance that may affect availability.
• Address questions and support requests through the channels and hours informed on the site.
• Protect the Client's personal data in accordance with the LFPDPPP and the current Privacy Notice.

5. Client Obligations

The Client commits to:

• Provide mxsity with truthful, complete, and updated information about their business (business name, address, hours, menu, services, prices, photos, logos, etc.).
• Guarantee that they hold the necessary rights over all content delivered to mxsity (texts, images, logos, trademarks, reviews, etc.).
• Pay the subscription fees and any additional charges generated under the contracted plan on time.
• Review the site before launch and notify mxsity of any errors or adjustment requests within the indicated reasonable timeframes.
• Use the website and services lawfully, in accordance with Mexican law, these Terms, and good commercial practices.

6. Intellectual Property and Licenses

6.1 Ownership of design and code

Unless otherwise agreed in writing, mxsity retains intellectual property rights over templates, source code, technical configurations, and design elements created for the site, pursuant to the Federal Copyright Law. The Client receives a limited use license for the period the plan is active.

6.2 License to the Client

mxsity grants the Client a non-exclusive, non-transferable, and revocable license to use the developed website solely to promote their business, during the subscription term. Exploitation of the design or code for purposes other than agreed, or sublicensing to third parties without mxsity's express authorization, is prohibited.

6.3 Client content

The Client retains rights over the content they deliver (texts, photos, logos) and grants mxsity a non-exclusive license to use them for the purpose of designing, implementing, and operating the site. The Client warrants that such content does not infringe third-party rights or legal provisions. The name, brand, and 'mxsity' logo are mxsity property and may not be reproduced without express written authorization.

7. Permitted Use and Prohibitions

The Client commits not to use the website or services to:

• Publish unlawful, defamatory, discriminatory, violent, fraudulent, pornographic content, or content that violates third-party rights.
• Conduct activities contrary to Mexican laws, morality, or public order.
• Attempt to compromise the security of mxsity's or third-party servers or technological infrastructure.
• Send spam, malware, or other malicious content.

mxsity may temporarily suspend the service, with prior notice when possible, if use is detected that constitutes serious violations of these Terms or applicable law.

8. Terms, Cancellation, and Termination

8.1 Subscription term

The subscription term is monthly or annual according to the contracted plan, renewing automatically at the end of each period unless cancelled or terminated early per this section.

8.2 Cancellation by the Client

• Monthly Plan: The Client may cancel at any time. The service remains active until the end of the paid month. No refund for unused days.
• Annual Plan: The Client may cancel at any time. If cancellation occurs within the first 30 (thirty) calendar days, a proportional refund will be issued. After 30 days, no refund applies, but the service remains active until the end of the paid annual period.

The Client may request cancellation using the available channels (email or WhatsApp) with reasonable advance notice before the next billing date.

8.3 Termination for non-payment

In case of non-payment, mxsity will send a reminder. If payment is not made within 10 (ten) calendar days, the service may be temporarily suspended. After 30 (thirty) calendar days without payment, the service may be permanently cancelled. mxsity is not obligated to keep site copies indefinitely after termination.

8.4 Termination for serious breach

Either party may terminate the contract in case of serious breach by the other party, notifying in writing. Upon service termination, the website will be taken down from hosting. mxsity will keep a backup copy for 30 (thirty) calendar days, after which it will be deleted.

9. Warranties and Limitation of Liability

9.1 Legal warranties

mxsity will provide services in accordance with the features and conditions offered on the site and in good faith, respecting consumer rights established by the LFPC. No additional warranties beyond those provided by applicable law and these Terms will be granted.

9.2 Limitation of liability

To the extent permitted by applicable law, mxsity shall not be liable for indirect, special, incidental, or consequential damages arising from the use or inability to use the site or services. mxsity shall not be responsible for failures attributable to:

• Internet service providers, hosting, electricity, or other third parties (including Amazon Web Services).
• Errors or content provided by the Client.
• Third-party attacks or security incidents, provided mxsity has implemented reasonable protection measures.
• Business results, sales, or search engine rankings, as these depend on multiple external factors.

mxsity's maximum liability shall be limited to the total amount paid by the Client in the last 12 months of service. Nothing herein limits the consumer's non-waivable rights under Mexican law.

10. Personal Data

The processing of personal data collected by mxsity from the Client is governed by the corresponding Privacy Notice, available in this document and on the website, which complies with the minimum requirements of the LFPDPPP (controller identity and domicile, purposes, options to limit use, means to exercise ARCO rights, transfers, and consent revocation mechanisms). The Client acknowledges reading and understanding the Privacy Notice before providing personal data.

11. Electronic Communication

The Client accepts that mxsity may send service-related communications (contracting confirmations, renewal notices, maintenance notifications, or Terms changes) by electronic means, including email and messaging apps. These communications are considered received on the date sent to the contact details provided by the Client.

12. Complaints, Claims, and PROFECO

The Client may submit complaints, claims, or clarification requests directly to mxsity through the contact means indicated on the site (email hola@mxsity.com or WhatsApp +52 55 3127 0149). In case of unresolved dispute, the Client may go to the Federal Consumer Protection Agency (PROFECO) for conciliation, without prejudice to other legal remedies provided by law.

13. Applicable Law and Jurisdiction

For the interpretation and fulfillment of these Terms and Conditions, the parties submit to the federal laws of the United Mexican States, including in particular: Federal Consumer Protection Law (LFPC), Federal Law for the Protection of Personal Data Held by Private Parties (LFPDPPP), Federal Copyright Law, Commercial Code, and Federal Civil Code.

For any dispute, the parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile. This is without prejudice to the consumer's rights to go to PROFECO and other competent authorities.