Terms and Conditions

These Terms and Conditions of Use (the "Terms") are an agreement between Soluciones Industriales de Transformación Digital, S.A.S. ("Jibby"), with its registered address at Ciudad del Carmen, Campeche, México, and any person who accesses the website https://jibby.com.mx (the "Site"), the Jibby Suite platform or any of its applications, including Jibby Chat (together, the "Services").

By accessing or using the Services, the user declares that they have read and understood these Terms and agree to be bound by them. If you do not agree with any of their provisions, you must refrain from using the Services.

When the user accesses the Services on behalf of a client organization, acceptance is also deemed to be given by that organization, which is additionally bound by the service agreement or commercial proposal it has entered into with Jibby. In the event of a conflict between these Terms and that agreement, the agreement prevails with respect to commercial conditions, and these Terms prevail with respect to the rules for using Jibby Chat.

When Jibby Chat is downloaded from the App Store or Google Play, the terms of those stores also apply. Apple and Google are not parties to these Terms and are not responsible for the Services.

Use of the Services is also subject to our privacy notice, available at Privacy notice.

For the purposes of these Terms, the following concepts have the meaning indicated below:

• Jibby: Soluciones Industriales de Transformación Digital, S.A.S., the company that develops and operates the Site and Jibby Suite and is responsible for the Services.
• Jibby Suite: the ecosystem of interconnected business applications that Jibby offers by subscription and that is contracted per module, such as Human Resources, Asset Control, Procurement, Cash Control and Internal Communication.
• Jibby Chat: the internal communication app of Jibby Suite (Internal Communication module), which allows collaborators of the same client organization to send direct and group messages, share photos and files and receive notifications.
• Client organization: the company or entity that contracts Jibby Suite and in whose workspace the accounts of its collaborators are created.
• Administrator: the person designated by the client organization to manage its subscription, add and remove users and configure the contracted modules.
• User: the natural person, generally a collaborator of a client organization, who has an account created by the administrator to use the Services. When these Terms use the word "you", they refer to the user.
• User content: any message, text, photo, file, name, profile image or other information that a user sends, posts or shares through Jibby Chat or any other Jibby Suite module.

Jibby Chat accounts, and accounts for the rest of Jibby Suite, are not created through open sign-up: they are created and managed by the administrator of the client organization to which the user belongs. Jibby does not open accounts for people who are not part of a client organization.

Upon receiving their account, the user agrees to:

• Keep their login credentials (email and password) confidential and not share them with third parties.
• Use the account personally only. Accounts are not transferable.
• Immediately notify their administrator and Jibby at soporte@jibby.mx if they suspect their account has been used without authorization or their credentials have been compromised.
• Keep their profile information accurate and up to date.

The user is responsible for all activity carried out from their account until they report unauthorized use. Jibby and the client organization may suspend, restrict or cancel accounts as set out in section 11 (Suspension and termination).

Jibby Chat is not directed to persons under 18 years of age. The client organization agrees not to create accounts for minors.

Jibby Chat is a workplace communication tool for collaborators of a client organization. The user agrees to use it lawfully, respectfully and in accordance with the internal policies of their organization. In particular, it is prohibited to send, post or share content that:

• Is offensive, insulting, humiliating or degrading toward other people.
• Is discriminatory on the basis of ethnic or national origin, gender, age, disability, social status, religion, sexual orientation, health status or any other condition.
• Constitutes harassment, bullying, intimidation or threats of any kind, including those of a sexual or workplace nature.
• Contains sexually explicit material, pornography or nudity, or sexualizes people.
• Promotes or incites violence, hatred, terrorism or the commission of crimes.
• Is spam, unsolicited advertising, chain messages, pyramid schemes or mass messages unrelated to work.
• Contains viruses, malware, malicious links or any code designed to damage, disrupt or gain unauthorized access to systems or data.
• Impersonates another person, an organization or Jibby, or misleads others about the origin of a message.
• Infringes copyrights, trademarks, trade secrets or other intellectual property rights of third parties.
• Discloses personal data, confidential information or the organization's secrets without authorization.
• Is illegal or contrary to Mexican law or the law of the place where the user is located.

It is also prohibited to:

• Access or attempt to access accounts, conversations or data of other users or organizations without authorization.
• Interfere with the operation of the Services, overload the infrastructure or circumvent security measures.
• Reverse engineer, decompile or attempt to extract the source code of the applications, except to the extent expressly permitted by law.
• Use automated tools to extract information from the Services or to send messages in bulk.
• Use the Services for purposes other than the internal operation of the client organization.

Failure to comply with these rules may result in removal of the content, suspension or cancellation of the account and, where applicable, notification to the client organization or the competent authorities.

The user is solely responsible for the user content they send or share through Jibby Chat, and for having the rights and authorizations required to do so. Jibby does not endorse or guarantee the accuracy, legality or quality of user content.

Jibby does not pre-screen the content that users exchange, but reserves the right, without being obliged to do so, to review, remove, hide or restrict any content that, in its reasonable judgment, violates these Terms, the law or the rights of third parties, whether as a result of a report received or its own detection. Jibby may keep a copy of removed content when necessary to handle a report, comply with a legal obligation or exercise its rights.

The user and the client organization retain ownership of their content. By using Jibby Chat, they grant Jibby a limited, non-exclusive, royalty-free license to store, transmit, reproduce and display that content solely to the extent necessary to provide, maintain and protect the Services.

Jibby does not sell user content or personal data, and does not use them to display advertising. The processing of content is described in the privacy notice (Privacy notice).

Any user may report content or conduct they consider contrary to these Terms, and request that another user be blocked, through the following means:

• By writing to support or, when the Jibby Chat app offers them, through its report and block options.
• By writing to soporte@jibby.mx, stating the name of their organization, the user or conversation involved, a description of what happened and, if possible, screenshots.
• By notifying the administrator of their organization, who may act directly or escalate the case to Jibby.

Response commitment. Jibby reviews reports of objectionable content and acts on them within a maximum of 24 hours from receipt. Depending on the severity of the case, Jibby may:

• Remove or hide the reported content.
• Block communication between the reporting user and the reported user.
• Temporarily suspend or permanently cancel the account of the responsible user.
• Inform the administrator of the client organization so that it can apply its own measures.
• Notify the competent authorities when required by law or when there is a risk to the safety of persons.

The client organization, through its administrator, may also suspend or remove its own users at any time in accordance with its internal policies.

Reports must be made in good faith. Jibby will not retaliate against anyone who files a report, but repeated and malicious use of the reporting mechanism may be considered a violation of these Terms.

If you are facing harassment or a threat that puts your safety at risk, in addition to reporting it, contact your local authorities.

Of the client organization

• Use Jibby Suite in accordance with the law, these Terms and the agreement entered into with Jibby, and solely for its internal operation.
• Load and maintain accurate, up-to-date and lawfully obtained information about its collaborators and any other data it records on the platform, having the legal bases required for its processing.
• Inform its collaborators of the existence of these Terms, the privacy notice and the internal policies applicable to the use of Jibby Chat.
• Diligently manage its users' accounts: create them only for authorized collaborators, deactivate them when the relationship ends and handle the reports it receives.
• Be responsible for the acts of its administrators and for the use its collaborators make of the Services within the organization.
• Have the labor and privacy policies required in its relationship with its collaborators, since Jibby does not take part in that relationship.

Of the user

• Use the Services responsibly, respectfully and in accordance with section 4 (Acceptable use).
• Safeguard their credentials and the device from which they access the Services.
• Respect the confidentiality of their organization's and colleagues' information.
• Report conduct or content contrary to these Terms.
• Comply with their organization's internal policies regarding the use of communication tools.

The Jibby Suite and Jibby Chat software, including its code, design, interfaces, databases, documentation, trademarks, logos and trade names, is the property of Jibby or its licensors and is protected by Mexican intellectual property law and applicable international treaties. These Terms do not transfer to the user or the client organization any ownership right over the software.

Jibby grants the user a limited, non-exclusive, non-transferable and revocable license to install and use the applications on their devices, solely in connection with the client organization to which they belong and while their account is active.

The data that the client organization records in Jibby Suite and the user content are the property of the client organization or the user, as applicable. Jibby only processes them to provide the Services, in accordance with section 5 and the privacy notice.

Any suggestion or feedback that the user or the client organization sends about the Services may be used by Jibby to improve them, without any obligation of compensation.

Jibby makes reasonable efforts to keep the Services continuously available. However, the Services may be interrupted by scheduled maintenance, updates, connectivity failures, failures of infrastructure providers (such as Google Firebase) or app stores, or force majeure. Where possible, Jibby will give advance notice of maintenance that involves a significant interruption.

The Services are provided as is and as available. To the maximum extent permitted by applicable law, Jibby does not guarantee that the Services will be free of errors or interruptions, or that they will meet the specific needs of the user or the client organization.

Jibby will not be liable for: (a) user content or the conduct of users; (b) damages arising from misuse of accounts or loss of credentials; (c) decisions the client organization makes based on the information recorded on the platform; or (d) indirect damages, loss of profits, loss of data or loss of business opportunities. These limitations do not apply in cases of willful misconduct or gross negligence by Jibby, or where the law does not allow liability to be limited.

In any event, Jibby's total liability to the client organization and its users for any claim related to the Services will not exceed the amount actually paid by the client organization to Jibby during the twelve months prior to the event giving rise to the claim.

The client organization is responsible for keeping backups of information critical to its operation when it so requires.

The processing of users' personal data is governed by our privacy notice, available at Privacy notice, which describes what data Jibby Chat collects, for what purposes, which providers are involved (such as Google Firebase) and how to exercise the rights of access, rectification, cancellation and objection (ARCO rights), which are handled within a maximum of 20 days.

Although accounts are managed by the client organization, any user may directly request the deletion of their account and data. The procedure, the data that is deleted and the data that is temporarily retained due to legal obligations are described at Delete account and data. Requests are handled within a maximum of 30 days.

Jibby may suspend or cancel, in whole or in part and with or without prior notice depending on the severity of the case, a user's or a client organization's access to the Services when:

• The user violates these Terms, in particular the acceptable use rules in section 4.
• There is a risk to the security of the Services, other users or third parties.
• Required by a competent authority or by law.
• The client organization breaches its agreement with Jibby, including non-payment of the subscription.

The client organization may suspend or remove its users at any time through its administrator, and the user may request the deletion of their own account as described at Delete account and data.

Upon termination of access, the user will no longer be able to use Jibby Chat or the other modules. Content and data will be handled in accordance with the privacy notice and what has been agreed with the client organization. Provisions that by their nature should survive (intellectual property, limitation of liability, governing law) will remain in force after termination.

Jibby may modify these Terms to reflect changes in the Services, in legislation or in its practices. The current version will always be published on this page (Terms and conditions) with its last updated date. When the changes are significant, Jibby will communicate them to the administrators of client organizations or through a notice in the app or on the Site.

Continued use of the Services after the changes are published constitutes acceptance of the modified Terms. If the user does not agree, they must stop using the Services and, where applicable, request the deactivation of their account.

These Terms are governed by and interpreted in accordance with the laws of the United Mexican States.

For the interpretation, performance and enforcement of these Terms, the parties submit to the jurisdiction of the competent courts of Jibby's registered address (Ciudad del Carmen, Campeche, México), expressly waiving any other jurisdiction to which they may be entitled by reason of their present or future domicile or for any other reason.

The foregoing does not affect any non-waivable rights the user may have under applicable law. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions will remain in full force.

These Terms are drafted in Spanish. The English version is provided for reference only; in the event of any discrepancy, the Spanish version prevails.

For questions about these Terms, content reports, blocking requests or any other matter related to the Services, you can write to soporte@jibby.mx or visit our support page at Support.

• Support email: soporte@jibby.mx
• Responsible party: Soluciones Industriales de Transformación Digital, S.A.S., Ciudad del Carmen, Campeche, México
• Support hours: Monday to Friday, 9:00 to 18:00 (Central Mexico time)
• General response time: We reply within 2 business days. Reports of objectionable content are handled within a maximum of 24 hours (section 6).