Terms and Conditions
Rules for Using the POLIBIT Portal and Platform.
June 14, 2025Welcome to the "POLIBIT" website www.polibit.io
Read these terms and conditions carefully before creating a user profile and accessing our website and/or before directly contracting any of our services and using our Portal (as this term is defined later). By starting to use this website or upon contracting our services, it is presumed that you have read and consented to these terms and conditions (the "Terms and Conditions"). By using this website electronically, the User (as defined later) acknowledges that they have read and accepted to be bound by these Terms and Conditions in their entirety and with all their legal scope. The following Terms and Conditions for the use of the portal apply to all websites that derive from or are a consequence of the use of www.polibit.io (the "Portal"), owned by "POLIBIT, S.A.P.I. DE C.V." ("POLIBIT").
For the purposes of these Terms and Conditions, "we," "our," and POLIBIT will refer to the contracting party of POLIBIT as applicable, and "you" will refer to the User (as defined below) as an individual (if requesting or using a service offered by POLIBIT) or the legal entity that the User represents (if requesting or using a service offered by POLIBIT as a legal entity) and any of its affiliates.
If you do not agree with the Terms and Conditions and our Privacy Notice, we ask that you refrain from using the POLIBIT Services (as defined later).
In accordance with these Portal Terms and Conditions, any person who has created or creates a user profile through the Portal to access it, upon invitation by email from POLIBIT or the Developers (as defined later) (the "User"), will be considered a user. The above is understood in the sense that, in the case of individuals, to be able to register as a User, you must be at least 18 years old and have the legal capacity necessary to bind yourself and accept these Terms and Conditions. For clarity, individuals of nationality from countries blacklisted as tax havens by the Council of the European Union will not be able to be Users.
With the use of the Portal and consequent acceptance of these Terms and Conditions, the User releases POLIBIT from any liability arising from claims related to: 1) the services offered and provided by the Developers (as this term is defined later); 2) the specific products offered by the Developers; 3) any other reason specified in these Terms and Conditions.
POLIBIT will only be responsible for: 1) The functioning of the Portal; 2) The custody on the server of the information uploaded by the Users; 3) Maintaining reasonable cybersecurity measures against the use of the Portal.
With their use and consequently acceptance of these Terms and Conditions, the User agrees to hold POLIBIT harmless from any claims arising from any misuse of the Portal or the inability to use the Portal or POLIBIT Services.
To create a user profile and/or access the Portal, you must read and accept all the usage rules included or incorporated by express reference in the Terms and Conditions, including the Privacy Notice. POLIBIT reserves the right to update or revise these Terms and Conditions without prior notice and without the need for prior authorization from any third party; review these Terms and Conditions periodically to become aware of any changes, with no liability for POLIBIT. The continued use of this website after the publication of any changes to these Terms and Conditions indicates that the User accepts such changes without reservation.
PURPOSEPOLIBIT is a Mexican company that offers advisory and consulting services on all types of topics related to emerging information technologies. In particular, POLIBIT provides real estate developers (the "Developers") with technological tools and the use of the Software (as defined later) so that these Developers can promote their projects and sell tokens created using the technology known as blockchain (the "Tokens") to their clients. The above, with the understanding that POLIBIT only provides technological infrastructure for management and operation, but in no way will it participate in the sale of Tokens, the follow-up services provided by the Developers, or the promotion of real estate projects.
POLIBIT will grant Users access through the Portal to information about projects managed by the Developer(s) (the "Marketplace"), as applicable (the "POLIBIT Service"), where each Developer will publish various tokenized real estate projects for sale or closed. The tokenized real estate projects for sale refer to the projects on which the developer is selling Tokens. Closed tokenized real estate projects refer to the projects for which the developer has already completed the sale of the Tokens assigned to that project. For such purposes, every Developer managing a Marketplace has entered into a service provision contract through which POLIBIT grants them a license to use the Software. By virtue of the above, POLIBIT will provide the respective Developer with authorization for access and use of the Software (as defined later), with the following services and components: i) usage licenses; ii) hosting; iii) installation and configuration; iv) training; v) maintenance; and vi) technical support. The "Software" refers to the set of programs, applications, operating systems, databases, user interfaces, codes, algorithms, data, documentation, and other computer components, whether in the form of source code or object code, that POLIBIT makes available to the Developer for use as an online service accessible via the Internet in Software as a Service mode.
In accordance with these Terms and Conditions, POLIBIT provides the technological platform for the management of digital Tokens, supplies the technological infrastructure to Developers under a "white label" scheme so that they can manage their own projects.
On the other hand, POLIBIT offers the User the POLIBIT Service through the Portal on its website
www.polibit.io/
AGREEMENTYou agree that by clicking on "Subscribe," "Register," or any other similar link contained in the Portal, or by registering, accessing, or using the POLIBIT Service, you are accepting and acknowledging that you are subject to the rights and obligations described in these Terms and Conditions, even if the POLIBIT Service is used on behalf of a legal entity.
If you do not agree with these Terms and Conditions, we suggest you refrain from using the POLIBIT Service.
GENERAL DESCRIPTION OF SERVICESIn general terms, and subject to any more detailed provisions, whether substantive or procedural, applicable and implemented through the Portal or the Platform, for the provision of the POLIBIT Service: i) the User registers with a username and password, using the link previously sent by POLIBIT or the Developers, as applicable, via email; ii) the User must provide all the information necessary for the proper and timely provision of the POLIBIT Service, including but not limited to the data specified in the Privacy Notice; and (iii) the POLIBIT Service will be governed by the instructions that POLIBIT makes available on the Portal and/or the Platform from time to time, which the User must comply with for the proper provision of the POLIBIT Service.
The POLIBIT Service is provided through the Portal as well as through any application developed by POLIBIT.
You should take the following into account when using or intending to use the POLIBIT Service:
The POLIBIT Service only works through a computer that has an Internet connection and through compatible devices tha
t also have an Internet connection.
The User shall be solely responsible for the Internet access necessary for the proper operation of the Portal, the Platform, and the POLIBIT Service. All internet access charges will be the User's responsibility.
The User may use the POLIBIT Service as long as the User fully complies with these Terms and Conditions and the Privacy Notice. Failure to comply with the above will give POLIBIT the right to cancel or partially suspend the POLIBIT Service for that User.
The User must open a user account through the Portal and must follow the instructions previously sent by POLIBIT via email and those found on the Portal.
By registering as a User, they guarantee that the information they publish is truthful.
POLIBIT reserves the right to make periodic updates to the POLIBIT Service, the Platform, or the Portal, with or without prior notice.
The User intending to use the POLIBIT Service must be at least 18 years old and have the legal capacity necessary to bind themselves and accept these Terms and Conditions.
The User, when registering on the Portal, must expressly authorize the collection, use, transfer, and processing of all information related to the use of the service, which is collected in accordance with the Terms and Conditions and the Privacy Notice.
POLIBIT reserves the right to modify these Terms and Conditions at its discretion and at any time, without prior notice when the change is not substantial. In the event that a substantial change is made to the Terms and Conditions, it will be communicated through any means that POLIBIT deems appropriate.
POLIBIT expressly waives any legal declaration or intervention regarding the use of the POLIBIT Service and exempts itself from liability in this regard.
If you have any questions or concerns regarding these Terms of Service, please contact us via email at admin@polibit.io or via WhatsApp at +52 1 492 160 7793.
EXCLUSIVE RESPONSIBILITIES OF THE DEVELOPERS
The User acknowledges and accepts that POLIBIT provides the Software that facilitates the use of blockchain-based tokenization technology to support the Developer's activities. However, POLIBIT is not, nor will it be interpreted as, a financial intermediary, fund collector, or entity authorized to carry out regulated activities under the Credit Institutions Law or any other applicable financial regulations in Mexico.
In such a manner, the Developer is solely responsible for all activities related to the sale of Tokens associated with tokenized real estate projects, which includes, but is not limited to, the following:
Promotion and Advertising: the Developer will manage all communications, announcements, and marketing materials related to the sale of the Tokens, ensuring that such materials do not directly or indirectly involve POLIBIT in regulated activities. The Developer must avoid any statement that could be interpreted as a public offering of securities or mass fundraising.
Management of the Relationship with Users/Acquirers: the Developer will independently manage any interaction with Users/Acquirers, including: the search, evaluation, and selection of potential clients; and the obtaining of the necessary consents and documentation to formalize the relationship with Users/Acquirers. The Developer must enter into the corresponding contract with each User.
Administration and Control of Resources: the Developer is responsible for receiving, safeguarding, and managing any resources obtained through the sale of Tokens, ensuring that the funds are not transferred or managed through the POLIBIT infrastructure to avoid unauthorized fundraising.
Regulatory Compliance: the Developer will be responsible for complying with all applicable laws and regulations of the corresponding financial system.
The above is understood with the notion that POLIBIT will only act as a host for the tokenization technology, regarding the rights recorded in the Token in relation to the Real Estate Developer for the purpose of any act aimed at safeguarding rights. The User is informed that POLIBIT will use the relevant systems to track the location of the Tokens, as well as to register who holds them as the owner, in order to comply with regulatory requirements in real estate matters related to AML/KYC. Therefore, in the event that a Token is lost, POLIBIT will have the authority to locate it, burn it, and issue a new one to assign to the User who is the Token owner. In that sense, in case of loss, the User must immediately notify POLIBIT to take the necessary actions. The loss of Tokens will be the sole responsibility of the User, and the User assumes the loss of the item in case POLIBIT is unable to restore it. It is brought to your attention that POLIBIT does not act as a financial advisor; therefore, any contracts are made by the User under their exclusive responsibility.
Additionally, and in accordance with the contract entered into between the User and the Developer at the time of the acquisition of a Token (the "Developer Contract"), the following are the Developer's responsibilities:
The payment of the Benefits linked to the Tokens that the Developer sells to the Users.
Facilitate relevant information about the progress of the respective real estate project, as well as the key payment dates for the Benefits linked to the sale of the Tokens;
Manage the resources obtained from the sale of the Tokens, which will never and under no circumstances be deposited into any bank account of POLIBIT or under its control or possession.
Ensure that each User provides the corresponding information, whether it be a wallet or a bank account, where they can receive the benefits linked to the acquired Tokens, which will at no time be the responsibility of POLIBIT;
For clarity purposes, POLIBIT will be responsible solely for: (a) providing and enabling the use of its technological platform (www.polibit.io) as a Marketplace under white label usage so that the developer can manage it directly, without POLIBIT being responsible for such commercialization, for which timely collaboration from the Developer will be necessary by providing relevant project information and materials, and (b) simplifying the continuous management of the digital asset by automating tasks such as regulatory compliance and other operations that contribute to significant savings in time and operational resources for the Developer.
These Terms and Conditions govern the use of the Portal, as well as any technology that may be used by POLIBIT for the provision of the POLIBIT Service (the "Platform"), and access to it constitutes a binding contract (an "Agreement") between POLIBIT and the User. The Privacy Notice is mandatory and binding for all Users. In case the User does not agree with the Privacy Notice, in whole or in part, they must refrain from using, operating, visiting the Portal, the Platform, and/or using the POLIBIT Service.
By using the Portal, the Platform, and/or inducing their use electronically or through other means, the User indicates acceptance of the Agreement and acknowledges and agrees that: (i) POLIBIT is exempt from any responsibility, loss, damage, or risk resulting directly or indirectly from the use of the Portal, the Platform, or the POLIBIT Service; (ii) the use of the Portal and the Platform is subject to the terms of the Privacy Notice, as it may be modified from time to time; and (iii) the User will only use the materials contained in the Portal and the Platform for personal, non-commercial, and informational purposes, and will not modify any of the materials contained therein.
UNREGISTERED USERSUnregistered Users will not have the right to browse the Portal. Only registered Users will have access to the POLIBIT Service, and all the content offered on the Portal, for which they must create a user account and enter the registration information. Users will only be able to register if they have the link containing the corresponding access key, which will be provided by POLIBIT via email. POLIBIT will only send said email or link to individuals who are members of the club or group of a Developer, at the express request of the latter.
SERVICE AVAILABILITYThe POLIBIT Service operates exclusively through its Portal and/or Platform. The POLIBIT Service is provided for Mexico and is governed by Mexican laws. Notwithstanding the above, the User may access the Portal and the POLIBIT Service from anywhere in the world, subject to these Terms and Conditions at all times.
POLIBIT reserves the right to suspend, in whole or in part, at its discretion, access to the Website without prior notice, as well as to interrupt the POLIBIT Service to any User who makes unethical, offensive, illegal, or incorrect use of the content or services offered and/or contrary to the interests of POLIBIT.
USER OBLIGATIONSIn addition to the obligations mentioned in the other sections of these Terms and Conditions, all Users will have the following obligations:
Comply with all relevant laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, tax and fiscal laws, and any other applicable federal or state laws, regulatory or normative requirements, and will be solely responsible for all actions or omissions that occur as a consequence of the use or access to the Portal or the Platform.
Provide accurate, truthful information and keep it updated.
Use your real name in the User profile.
PROHIBITIONIn addition to the prohibitions or limitations established in the other sections of these Terms and Conditions, all Users agree not to engage in any of the following behaviors:
Use the Portal or the Platform in connection with the commission of property crimes or any other type of crime.
Act in a dishonest or unethical manner, including posting inappropriate, inaccurate, or objectionable content.
Create a false identity or a fake email address or header, or attempt in any way to deceive others about the identity of the sender or the origin of a message.
Add content in fields that are not designed for that content.
Use the Portal or the Platform in connection with chain letters, advertising emails, spam emails, or any duplicates or unsolicited messages, commercial or otherwise.
Falsifying age, place of residence, profession, or any other information requested.
Collect, compile, or disseminate information about third parties, including email addresses or personal data, without the consent of the information or data owner.
Misrepresenting one's identity, such as using a pseudonym.
Create a User profile for someone who is not yourself or who does not have the authorization to do so.
Use or attempt to use another person's account or User.
Harass, abuse, or harm another person.
Send spam or other unwanted communications to other Users.
Use the scraping method or copy profiles and information from other people through any means (including crawlers, browser plugins and add-ons, and any other technology or manual programs).
Act in an illegal, injurious, abusive, obscene, discriminatory, or otherwise reprehensible manner.
Reveal information that you do not have the right to disclose (such as confidential information, offers, figures, and any type of information that you have not been authorized to disclose through the Platform).
Infringing on the intellectual property rights of others such as patents, trademarks, trade secrets, copyright, among others. Infringe the intellectual property or other rights of our website and applications, including, but not limited to, the use of our trademarks, trade name, trade dress, email, or URL.
Publish unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," and any other form of advertising not authorized by POLIBIT.
Publish anything that contains program viruses or any other harmful code. Transmit any material that contains viruses, trojans, worms, time bombs, cancelbots, or any other harmful or malicious programs.
Manipulate identifiers to conceal the origin of any message or publication transmitted through POLIBIT Services.
Copy or use the information, content, or data of other people available in the POLIBIT Services (unless expressly authorized).
Copy, modify, or create derivative works of POLIBIT, POLIBIT Services, or any related technology (except when expressly authorized by POLIBIT).
To imply or declare that one is affiliated with or part of the POLIBIT team.
Gather, use, copy, or transfer any information obtained from our Portal or applications.
Share or disclose information about other people without their express consent.
Perform "framing" or "mirroring" or otherwise simulate the appearance or function of POLIBIT Services. Use the Portal or the Platform to violate any relevant law that restricts the export or import of data, software, or any other type of content.
Interfere with, or disrupt, the operation of networks connected to POLIBIT websites or violate the rules, policies, regulations, or procedures of such networks.
Obtain or attempt to obtain unauthorized access to the Portal or the Platform and POLIBIT websites or other accounts, computer systems, or networks connected to the POLIBIT websites or the Platform, through the illegal search or acquisition of passwords or by any other means.
Use the Portal or the Platform to promote businesses for the benefit of any competing company or service.
Use any type of "deep link," "data scraping," "robot," "spider," or other automatic devices, programs, algorithms, or methodologies, or similar or equivalent manual processes to acquire, copy, or monitor any part of the Portal, or to access these, nor reproduce or evade the navigation structure or presentation of the Portal, with the aim of obtaining or attempting to obtain materials, documents, or information by any means not voluntarily made available through it.
Explore, analyze, or evaluate the vulnerability of the Portal or any network connected to it, nor infringe upon the security or authentication measures of the Portal or any network connected to it.
At the same time, non-Users will not be able to: i) remove copyright notices, trademarks, or any other intellectual property notice from any part of the Portal; ii) reproduce, modify, create derivative works, distribute, license, rent, sell, resell, transfer, publicly display, publicly present, transmit, publish, disseminate, or otherwise exploit the Portal; iii) decompile, reverse engineer, or disassemble the Portal, except as permitted by applicable law; iv) link to, duplicate, or use frames on any part of the Portal; v) introduce or implement programs or scripts for the purpose of extracting information, indexing, scraping, or otherwise data mining any part of the Portal, or unduly hinder or impede the operation and/or functionality of any aspect of the Portal; or vi) attempt to gain unauthorized access or affect any aspect of the Portal or its related systems or networks.
The User will be responsible for any damages and losses caused to POLIBIT resulting from their actions or those of their officials, employees, agents, dependents, collaborators, and/or associated, subsidiary, and/or affiliated individuals or entities. If the User were to infringe any of the points mentioned in the Terms and Conditions, POLIBIT, without the need for prior notification, has the right to cancel and/or suspend the User's account, and the User does not have the right to receive any refund and/or compensation from POLIBIT.
OFFICIAL SITES WHERE THE SERVICE IS PROVIDEDThe service offered by POLIBIT operates exclusively on the portal www.polibit.io.
SECURITY CHANNELS AND FILTERSPOLIBIT, at its sole discretion, may implement the security filters it deems appropriate to evaluate Users and determine whether the information provided by a User is reliable and secure, and whether to provide or discontinue POLIBIT Services for a User, at its sole discretion. Since a User registers on the Portal or the Platform, the POLIBIT team may filter them with the aim of safeguarding the integrity of its collaborators, agents, partners or shareholders, advisors, and employees involved directly or indirectly in the provision of POLIBIT Services.
The User is completely responsible for maintaining the confidentiality of their account information, including the password, and for any and all activity that occurs in their account as a result of their failure to maintain the confidentiality and security of such information. You agree to inform POLIBIT immediately in case of any unauthorized use of your account or password, or if any security-related issue occurs. You may be legally responsible for the losses incurred by POLIBIT or any other Portal User due to the use of your account or password by another person, as a result of your failure to maintain the confidentiality and security of the account information. You cannot use your account or password, nor the account of another person, without the express permission and consent of the account holder. POLIBIT will not be responsible for any loss or damage arising from the breach of these obligations.
Likewise, POLIBIT reserves the right to cancel a User's account temporarily or permanently in case of non-compliance with the immediate following User Conduct section.
USERS AND PRIVACYSo that the User can contact POLIBIT regarding the POLIBIT Service, inquiries, and other options within the Portal or the Platform, they can do so through the contacts available on the Portal, provided they have a User account on the Platform. For the provision of the POLIBIT Service or to resolve any questions or inquiries, the User may be asked to provide personal information. The data collection and usage policies of POLIBIT regarding the privacy of such information are contained in the Privacy Notice, which will be considered incorporated by reference for all purposes and can be consulted through the Portal. It is the User's responsibility to provide accurate, complete, true, and updated information. The User, by using the Portal and/or the Platform, agrees to the terms indicated in the Privacy Notice, and undertakes to promptly update any changes in the provided information.
PROPERTY RIGHTS OVER PORTAL AND PLATFORM CONTENTPOLIBIT holds the exclusive ownership and rights granted by current laws and/or international treaties related to intellectual property, for all trademarks, trade names, software, and computer programs in general, and other figures susceptible to legal protection under the Federal Law for the Protection of Industrial Property and the Federal Copyright Law, in relation to the Portal and the Platform, through which it promotes, markets, and provides the POLIBIT Service, including but not limited to: i) industrial property over trademark and trade name registration titles granted by the Mexican Institute of Industrial Property; ii) all texts, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, designs, and computer codes, including the design, structure, selection, coordination, expression, appearance, and arrangement of said elements; iii) copyright regarding the computer program(s), software developments, system(s), and/or their derivatives, granted by the National Copyright Institute; and iv) all developments, know-how, distinctive signs, and/or goods or rights that correspond to it in the field of intellectual property by its own right (the "Intellectual Property").
POLIBIT does not grant any license or authorization of any kind for the use of Intellectual Property, therefore the User acknowledges that: (i) they have no rights over the Intellectual Property, and they are obliged to respect at all times the rights held by POLIBIT over it; (ii) you will not be able to modify, alter, delete, copy, or reproduce, either in whole or in part, including but not limited to, the informational content generated by POLIBIT, the Intellectual Property, and/or any indication contained in the Portal or the Platform.
THIRD PARTIES The wireless service providers of the Users, the manufacturers and sellers of the devices on which the User uses or accesses the Portal or the Platform, the creator of the Users' operating system, and the operator of any app store or similar services through which Users access the Portal or the Platform and conduct transactions (the "Third Parties") are not part of these Terms and Conditions or POLIBIT, and are not owners or responsible for the Portal or the Platform. Consequently, POLIBIT is not and will not be responsible for any operational detail that depends on Third Parties and that could affect the provision of the POLIBIT Service through the Portal or the Platform. Third Parties do not provide any warranty regarding the Portal or the Platform, and POLIBIT does not provide any warranty regarding the services provided by Third Parties.
The Portal and/or the Platform, and the transactional means used in them, have been created for the latest version available on the market of the Users' internet operating systems and compatibility issues may arise when using previous versions. The coverage of the wireless network and the speed of the Wi-Fi network vary according to the provider and geographical location. POLIBIT is not responsible for the limitations and/or failures in the operation of any wireless or Wi-Fi service used to access the Portal or the Platform, nor for the security of the wireless or Wi-Fi services. Likewise, POLIBIT is not responsible for the charges or fees for the use of data networks, which are the sole responsibility of the User.
The User acknowledges and accepts that POLIBIT may use Artificial Intelligence on its platform, and that this tool is used solely and exclusively for the achievement of POLIBIT's corporate purpose.
USER-PROVIDED CONTENTBy publishing or submitting content to the Portal or the Platform, the User automatically grants POLIBIT the right to use, reproduce, present, display, adapt, modify, distribute, or promote the content in any form and for any purpose, in accordance with the Terms and Conditions and the Privacy Notice. Likewise, the User accepts and guarantees that they have the necessary property rights for such content or control over such content and that the publication and use of the content by POLIBIT does not infringe or violate the rights of any third party, and does not constitute a crime. The User accepts and confirms that they are responsible for all the content they publish or send through the Portal or the Platform. In these cases, the User agrees to: i) grant POLIBIT a free and non-exclusive usage authorization for the shared data; and ii) hold POLIBIT and/or its affiliates harmless from any action, lawsuit, or claim for any intellectual property violation arising from the use of shared data that the User themselves sends or shares with POLIBIT.
SUSPENSION OR DENIAL OF ACCESSPOLIBIT may, without prior notice, suspend, disconnect, deny, or restrict your access: i) during a technical failure of the Portal or the Platform, or during their modification or maintenance; or ii) if the User uses POLIBIT's sites and facilities in a manner that violates these Terms and Conditions; iii) if the User does something or fails to do something that, in POLIBIT's opinion, could jeopardize the operation or integrity of the facilities of any of the branches, employees, customers, the Portal, or the Platform of POLIBIT.
CIVIL EXCLUSION OF WARRANTIES AND LIMITATION OF CIVIL LIABILITYIt is possible that the POLIBIT Portal or Platform contains links to third-party sites, cookies, resources, or sponsors. The existence of links to and from the Portal or the Platform to third-party sites does not constitute sponsorship by POLIBIT of any third-party site, resources, sponsors, or content, and POLIBIT accepts no responsibility, directly or indirectly, for any of those sites, resources, sponsors, or content.
POLIBIT makes no declaration and does not endorse the accuracy or reliability of any advice, opinion, statement, or any other information presented or distributed through the Portal or the Platform. The User agrees that by relying on any of these opinions, advice, statements, or information, they do so at their own risk.
POLIBIT and its partners do not assume any responsibility or offer any guarantees regarding: i) the content of the Portal and the Platform; ii) the materials, software, functions, and information accessed through the software used in the Portal and the Platform or accessed through them; iii) any third-party product or service or third-party links on the Portal and the Platform; iv) any security breach associated with the transmission of sensitive information through the Portal and the Platform or any linked site; or v) any service provided by a third party that has been contracted through the Portal or the Platform.
INDEMNIFICATIONBy means of this document, the User agrees to indemnify, defend, and hold harmless POLIBIT and all its affiliated or subsidiary companies, affiliates, representatives, agents, advisors, directors, counselors, owners, employees, collaborators, information providers, partners, licensors, and licensees (collectively the "Indemnified Parties") against any liability and cost incurred by the Indemnified Parties in connection with any claim related to any breach of this agreement by the User, any unauthorized use of the content of the Portal or the Platform, or any breach by the User of the preceding representations, warranties, or clauses, including but not limited to reasonable attorney's fees and expenses. The User must fully cooperate as reasonably required in the defense of any claim. POLIBIT reserves the right, at its own expense, to assume the exclusive defense and control of any matter that would otherwise be subject to indemnification by you, and the User must not settle any matter without POLIBIT's written consent.
MODIFICATIONS TO THE PORTAL OR PLATFORMPOLIBIT may, at any time and when it deems appropriate, without the need to notify the User, make corrections, additions, improvements, or modifications, delete, remove content, presentation, information, services, areas, databases, and other elements of the Portal or the Platform, either partially or completely, without this giving rise to any claim or compensation, nor implying any acknowledgment of liability in favor of the User.
These changes or modifications will take effect from the moment they are updated in the application, without the need to notify the User in advance. POLIBIT recommends that the User constantly review these Terms and Conditions of use. POLIBIT reserves the right to terminate the application or remove any of its sections or contents at any time, at its discretion and without the need for authorization or notification from the User.
APPLICABLE LEGISLATION AND COMPETENT COURTSThis agreement, the Terms of Use, and all matters arising from or related to this agreement shall be governed by the laws of Mexico, before the competent federal courts of Mexico City, Mexico.
20. MODULAR APPLICATION OF TERMS AND CONDITIONSThese Terms and Conditions have been designed with a modular structure to allow for their progressive and general application to the various services offered by POLIBIT, whether jointly or independently. Accordingly, the Terms and Conditions shall apply, as relevant, to each service offered by POLIBIT—including but not limited to its tokenization technology infrastructure, the KYC/AML compliance module, and any future services—to the extent that such terms are not incompatible with the specific nature of the service in question.
Each new service may incorporate a specific module or section within these Terms and Conditions, setting forth the particular provisions applicable to such service. In the event of any conflict between the general provisions of these Terms and Conditions and those of a specific service module, the provisions of the specific module shall prevail.
This structure enables POLIBIT to expand and diversify its service offerings in a scalable manner while maintaining legal consistency and continuity for its Users, without the need to redesign or renegotiate the entire Terms and Conditions for each newly added service.
21. ADDITIONAL COMPLIANCE SERVICES (KYC/AML)Without prejudice to the provisions of the previous sections, and as part of the strategic evolution and diversification of its technological services, POLIBIT may offer its Users, whether Developers or authorized third parties, access to a specialized module of regulatory compliance technological services, focused on Know Your Customer (KYC) processes and Anti-Money Laundering (AML) prevention, through the use of its infrastructure under the Software as a Service (SaaS) model.
This compliance module has the sole purpose of providing technological tools that facilitate the automation, systematization, and monitoring of identity validation and financial integrity processes, without implying, under any circumstances, that POLIBIT engages in verification, analysis, diagnosis, legal validation, or regulatory review of compliance performed by Users, nor that POLIBIT guarantees the suitability, sufficiency, veracity, or completeness of the information collected or processed through this module.
In non-exhaustive but not limiting terms, these services may include:
a) The automation of the process of capturing and verifying personal data and official documents, in order to facilitate the filling out of forms and collect the necessary information to comply with Users' internal policies regarding KYC/AML;
b) The integration of national and international verification lists including sanction lists, lists of politically exposed persons (PEPs), and watch lists through third-party providers, whose availability or validity is beyond POLIBIT's control;
c) The generation of user-configurable workflows to validate, reject, or request additional information according to their own risk criteria and compliance policy;
d) The enabling of a control panel for the exclusive use of the User, through which their compliance teams and advisors can consult the progress of the process and make follow-up or escalation decisions;
e) The optional synchronization of the module with User systems such as CRM Dynamics, SNAP Compliance, or other internal management systems, under the exclusive responsibility of the User regarding such interoperability.
These services are provided exclusively as a technological tool for operational support, without POLIBIT having any control, access, or responsibility over the decisions made by the User as a result of using these services. Consequently, the contracting of this module will be governed by the specific terms of license, support, usage limitations, and technological restrictions that POLIBIT establishes with each User, including clauses of non-responsibility for misuse, improper use, omissions in configuration, defective integrations, and other assumptions arising from the operation.
Likewise, these Terms and Conditions will apply complementarily, provided they do not conflict with the operational nature of the SaaS model offered for these purposes.
The User expressly acknowledges that POLIBIT does not provide legal, tax, financial, or auditing consultancy services, and that it assumes no responsibility for the effective compliance with regulatory obligations by the User or the legality of the procedures implemented by the latter. The User will be solely responsible for verifying that the use of the compliance module is aligned with the laws, regulations, and best practices applicable in their jurisdiction, as well as for maintaining the supporting documentation and evidence of compliance in accordance with the requirements of the competent authorities.
Finally, the User agrees to keep POLIBIT, its employees, representatives, and affiliates, safe and sound from any claim, proceeding, fine, or sanction arising directly or indirectly from the use of the KYC/AML compliance module, committing to cover all legal and defense expenses necessary to protect POLIBIT's interests in case of a conflict arising from such use.
