The Terms and Conditions of use presented below (the “Terms”) constitute the entire agreement between Cashless Solutions S.A.P.I. de C.V., its affiliates and/or subsidiaries, and/or its related parties (“mycashless“), who is the legitimate owner of the Software named “mycashless” or “cashless®” (“Platform” or “Software”, interchangeably) with address at Campeche 280 int 303 and 304, in the Hipódromo Condesa neighborhood, Cuauhtémoc, in Mexico City, Mexico, ZIP code 06170 (the “Address”), website www.mycashless.com (the “Site”) and email [email protected] (the “Email”); and the individual or entity that uses it.

The cashless® Platform allows users “Organizers” to control their sale of food, drinks, merchandise, and experiences in the operation of their events (the “Operation”) through the use of a physical and digital chip. Users who reload money, purchase food, drinks, merchandise, and experiences are “Attendees”. As the provider of the cashless® Platform, mycashless does not own, control, offer, or manage any Operation and is not a party to contracts made directly between Organizers and Attendees.

These Terms, the Software Use Agreement signed with the Organizer (the “Agreement”), and the Services Summary thereof, constitute the entire agreement between the Organizers and mycashless. These Terms are established with the purpose of regulating the services and use of the Software that mycashless provides to the Attendee and Organizer through the contractual relationship entered into. Accordingly, mycashless will provide the Organizer with services consisting of authorization for access and use of the Software with the Modules and Services chosen by the Attendee and the Organizer, as specified in the Agreement. Knowing that the results obtained through the use of the Software depend directly on the truthfulness of the information provided by the Organizer, and that the Software per se is a technological tool that facilitates the acquisition by Attendees of food and drinks and other products available in the Operation; therefore, mycashless does not guarantee the effective resolution of all the Organizer’s needs. For the above reasons, the Organizer agrees to comply with all procedures indicated by mycashless, as well as all provisions indicated by the corresponding laws. For its part, mycashless commits to respect and enforce the rights of the Organizer and Attendees, as well as to properly use the information collected, in accordance with the Privacy Notice.

Terms for Attendees

1. Recharges, Purchases, and Refunds.

1.1. Recharges

Recharges at mycashless refer to the process of loading funds onto the Attendee’s NFC chip or dChip (digital chip). These funds can be used to purchase products and services within the Network of Establishments of each Operation. Recharges can be made using cash and debit/credit cards at the Operation’s Recharge Centers, or through electronic payment methods supported by mycashless via dChip, its digital chip app. Recharges allow users to have a preloaded balance available to make payments without the need for an internet connection.

1.2. Purchases

Purchases at mycashless involve using the balance stored on the Chip or dChip (digital chip) to acquire products and services offered by the Network of Establishments of each Operation. Attendees can make purchases, buy tickets for experiences, among other transactions. mycashless facilitates purchases by providing a convenient, simple, and secure way to pay for products and services using the balance previously loaded onto the Chip or dChip.

1.3. Refunds

Refunds at mycashless refer to the possibility for Attendees to request the return of unused balances in their account. If an Attendee has made a recharge and then decides to cancel a purchase or not use all their balance in a transaction, they can request a refund through the platform at mycashless.com/refund or at the Operation’s Reload Centers. Refunds allow users to quickly and easily recover unspent funds. This feature promotes user satisfaction by providing flexibility and control over their balance at mycashless.

For attendees using the mycashless app to add balance via ecommerce, the One Tap Refund feature will be enabled. This function allows attendees to request a refund with a single tap, returning the balance to the same payment method used for the recharge.

2. Digital Chip (dChip App).

2.1. License of Use

Following the Agreement, mycashless authorizes and grants the Organizer the use of one (1) individual license, which includes the possibility for users to register and access the service on smartphones, tablets, or other mobile devices with or without internet access. This license will be provided by the Attendee to use the services. The grant is provided on an “as is” basis, temporarily, non-exclusively, revocably, for internal use, not for commercial distribution, and not sublicensable.

2.2. Account Registration

The dChip App can be used in incognito mode, in which the Attendee does not have to register their personal data as long as their transactions are onsite with respect to reloading money in the App for purchasing food, drinks, merchandise, and experiences in the Network of Establishments of the Operation. If using the recharge service from the app with a debit/credit card, or requesting a refund from the App, it will be necessary for the Attendee to register using their mobile number and general information such as name, surname, gender, and date of birth.

2.3. Network of Establishments

The dChip App allows for the purchase of products and/or services in the Network of Establishments of the Operation in which it is used, according to the availability of the Establishment at the time of purchase. Any claims should be made directly with the Organizer since mycashless only provides the technology for money reloading, purchasing of products and/or services, receiving notifications, and requesting refunds of unused balances according to the Organizer’s policies.

2.4. Payment Processors

Reloading through the mycashless dChip App is carried out using Payment Processors selected by the Organizer and already integrated into the application. These processors are responsible for the capture, processing, and use of debit/credit card data, complying with the highest security standards of the industry, and such data will never be stored by mycashless.

2.5. Service Interruption

mycashless does not guarantee uninterrupted operation, the speed of the mycashless dChip app, or the service’s interruption that may occur due to slowness and processing error, in the case of preventive or corrective maintenance, operational failure, system error, failures of other service providers, and events of force majeure or acts of God, intermittencies in the Internet connection chosen by the Attendee, or non-availability of the App Store.

3. Your Responsibilities

3.1. Responsibilities

You are responsible for your own actions and omissions, as well as for any act or omission related to the use of the mycashless dChip App, including the purchase of products, services, and requesting refunds of unused balances. This implies that: (i) you must use the mycashless dChip App and carry out transactions in accordance with the instructions and policies established by mycashless; (ii) you are responsible for any claims for damages or losses caused by misuse or non-compliance with the terms and conditions of use of the mycashless dChip App; and (iii) you must act with integrity, treat other users and service providers with respect, and comply with all applicable laws and regulations at all times.

3.2. Risks

You acknowledge that the use of the mycashless dChip App involves certain risks and agree that, to the extent permitted by applicable law, you assume all risks associated with your access and use of the cashless® Platform, including conducting transactions and managing your balance. This means that: (i) you are responsible for verifying the suitability of the transactions and services you choose to conduct through the mycashless dChip App; (ii) you acknowledge that any transaction or activity you carry out using the mycashless dChip App may entail financial risks and you voluntarily accept those risks; and (iii) mycashless is not responsible for the consequences arising from your use of the mycashless dChip App and any interaction you have with other users or service providers, whether online or in person.

Terms for Organizers

4. Definitions

Configuration Sheet. Refers to the definition by the Organizer of the available options to configure and customize the different Service Modules of the cashless® Platform, according to the characteristics and needs of the Operation, such as refund policies, billing, reload amounts, authorization PINs, among others.

Attendee. A physical person who attends the Operation, to whom a Bracelet is given, which allows them to pay for goods and services in the Network of Establishments of the Operation. The Attendee can be a minor, in which case, they will be subject to the conditions indicated in the Kids Module.

Digital Chip (dChip). A digital chip through the app on iOS or Android that the Attendee installs on their cellphone, allowing them to pay for products and services in the Network of Establishments of the Operation and to which the Deposit is made through the mycashless Device or via credit/debit card directly from the App.

NFC Chip. A chip in the form of a bracelet, electronic card, sticker, badge, among others, that is owned by the Attendee, and allows them to pay for products and services in the Network of Establishments of the Operation and to which the Deposit is made through the mycashless Device.

Dispute. A dispute is the claim made by a cardholder to the Issuing Bank for an unrecognized charge made to their Credit and/or Debit Card. The dispute is a way to protect the cardholder from possible charges made without their consent.

Deposit (Reload). The Attendee must make the deposit of the amounts they wish to have prepaid on the Bracelet, at any of the loading and return points indicated by the Organizer at the facilities of the Operation, either through cash payment or via credit or debit card at the Bank Point Of Sale Terminals.

mycashless Device. Electronic device in which the cashless® Platform is installed and operational, necessary for loading the Deposit into the NFC Chip, as well as for generating the digital receipt derived from the Transactions that are carried out with it. The electronic device will also serve for the procedure of authorizations and/or rejections of payments in the different establishments that are part of the Network of Establishments of the Operation.

Personal Account (PA). Refers to the ability of attendees to create an online account to preload balance to their NFC Chip or Digital (dChip App), as well as to request their refund at the end of the Operation. In the case of preloading, the Organizer will choose the payment processors to use, from those available in the Personal Account, and must create an account with them.

cashless® Platform. Set of applications and software owned by mycashless, through which the Services indicated in the various Service Modules are provided.

Network of Establishments. Are the establishments that sell products and services in the various local, bars, and restaurants located in the facilities of the Operation, where Attendees can use NFC Chips and dChip in the mycashless Device, for the purchase of said products and services.

Configuration Role. Refers to the configuration characteristics of each Cashless Device according to the characteristics of the area and attendee which includes: the menu of specific products, enabling of tipping, legal age, payment of an account with several chips, balance transfer, cash register mode, among others.

Services. Are the activities carried out by mycashless by reason of these Terms and Conditions and the celebration of the Contract. The Services are provided in favor of the Organizer, mainly through the cashless® Platform.

Transaction. Act by which the mycashless Device processes the operation of authorization, or rejection, of the payment made by the Attendee with the NFC Chip in the Network of Establishments of the Operation.

5. Software License Use

Following the Contract entered into with the Organizer, mycashless authorizes and grants the Organizer the use of one (1) corporate use license, which includes the possibility for registration and access by the users indicated in the Contract (the “Users”). This grant is provided on an “as is” basis, temporarily, non-exclusively, revocably, for internal use, not for commercial distribution, and not sublicensable. The Organizer will have access to some or all of the following functionalities in the Software, depending on what has been agreed upon in the Contract with mycashless:

5.1. Cashless®

With this functionality, a high-speed offline transaction engine is offered (using NFC bracelets or cards + the dChip mobile app), providing the Organizer with peace of mind and complete control over the transactions carried out during the Operation, with accurate information regardless of the Operation’s size.

1. Cashless Transactions. High speed, transparency, and control of money by separating reload cashiers from cashless® sellers.
2. Balance. Consumption predisposition is generated by asking Attendees to reload to enjoy a smooth purchasing experience.
3. Promo Balance. Behaviors are incentivized by awarding promo balance to talent, influencers, and top reloaders (non-refundable).
4. Tokens. Control over the distribution of sampling products and access with tokens that expire when the Organizer determines, from minutes to days.
5. Discounts. Discounts are offered to Attendees according to their ticket type or status.
6. Refunds. Times and policies are defined so that Attendees can obtain refunds of unused balance, both onsite and online.
7. Deposits / Recycling. Recycling is encouraged by collecting deposits in exchange for cups, NFC cards, or any product to be returned.

5.2. Waiters / Dispatch

This feature streamlines the internal operation of the Organizer by digitalizing the communication between waitstaff handling prepaid orders with dynamic QRs and bartenders at filling bars, ensuring smooth preparation and delivery flow even in environments with saturated, little, or no connectivity.

1. Waiters. Enables waiters to easily take orders from Attendees and charge them on the spot and/or offer a recharge for faster service.
2. Dispatch. Simplifies communication between waitstaff and filling bars with digital order slips transmitted with QR codes in offline mode.
3. Order Printing. Prints tickets with orders for easy preparation and delivery from bars and kitchens using thermal printers (Bluetooth).
4. Open Cashless®. Allows unlimited spending by opening accounts for trustworthy Attendees who, with an NFC chip and a PIN, can order to pay at the end.
5. Runners. Digitalizes the delivery of orders within the Network of Establishments of the Operation with printed tickets and/or with mobile devices for Runners.

5.3. Online Orders / Marketplace

With this functionality, internet connectivity is leveraged, allowing sellers to post products while Attendees can order themselves in selected locations or spaces. It also streamlines the service of waitstaff with orders being sent through any available internet connectivity (3G, 4G, WiFi). This service unlocks the possibility for waitstaff to charge payments while runners deliver the order, maintaining separation between money and products.

1. Ordering. Resembles an Uber EatsTM for internal orders from attendees and/or waitstaff sending to bars and kitchens with 3G, 4G, and/or WiFi signal.
2. Product Management. Allows sellers to upload and manage their own products, prices, and availability.
3. User Orders. Makes it easy for Attendees to order with their mobile device from a seat, room, table, and/or car (digital room service).

5.4. Digital Chip (dChip App)

Thanks to this functionality, it’s possible to enhance the power of NFC bracelets and cards by adding a third player. This feature consists of a mobile app that unlocks boosters, such as requiring many fewer NFC chips, which will allow Attendees to skip recharge stations, connect to ticket sales companies, and eliminate the logistics of distributing bracelets. It’s a channel for activating promotions and automatically delivering tokens and promotional balance. It works offline for access and purchases, unifying the Operation experience like never before and saving up to 70% in cashless® implementation costs.

1. dChip App. Costs are reduced by deploying the use of digital bracelets (app) downloaded onto Attendees’ mobiles, allowing payments in airplane mode.
2. Balance and Tokens. Facilitates web/app Sales of Balance and Tokens, anticipating revenues and allowing Attendees to bypass recharge zones.
3. On-Site Upgrades. Enables the sale of upgrades on the fly at any access gate with a tap and signal or at any cash recharge station.
4. Payment Processing. Allows connecting the Organizer’s Stripe, Mercado Pago, and/or PayPal account, processing card charges, and automatically obtaining money.
5. Open Voucher. Allows Attendees to make pre-authorizations of charges to their card (hotel style) and enjoy themselves to later charge them for what they spent.
6. Notifications. Enables activating notifications based on actions made by guests, from accesses, recharges, and purchases, making them feel special.

5.5. Profiles / Diamond Records

With this functionality, say goodbye to the old and slow way of data collection and start registering 100% of the guests without issue in the Operation. Attendees can register on-site at the registration table without an active internet connection or online through any mobile device. They receive a chip (either NFC or dChip) to recharge balance and purchase at speed, so the Organizer can know their best Attendees by frequency, spending, and purchasing behavior.

1. Login / User Profile. Users are registered with SMS validation to have contact and understand their attendance and consumption frequency.
2. User Download. Contact information of users with consumption behavior (diamond records) is downloaded to a .csv file / API.
3. Personalization. Allows activating notifications in SMS, Email, and dChip based on user access, recharges, and purchasing behavior.
4. Incentives. Enables unlocking promotions and benefits that automatically execute with total control through the mPOS (operator devices).

5.6. Tickets / Tables / Slots

This feature allows for the sale of tickets, tables, and balances through the online app/website. Attendees register with a validated phone number and make purchases while the Organizer identifies which PRs generate the most business in terms of ticket sales, linking it to on-site spending. Tables can bundle several tickets and products such as bottles and minimum spend, allowing your Operation to flow smoothly from access to table service and bar purchases.

1. Tickets and Tables. Enables online sale of Web/App Accesses and VIP Tables to Attendees, so they can enjoy an offline access+purchase experience.
2. Access Codes. Facilitates the issuance of discount codes and courtesy tickets to special users with visibility of who grants and who receives them.
3. PR Links. Allows tracking of who is bringing in Attendees by type of access and expenditure, paying (%) of the business generated to each PR.

5.7. Tickets API

Thanks to this feature, it’s possible to unify access and the purchasing experience by connecting the ticketing system that best suits the Organizer. Quickly connect to the tickets API so the Organizer doesn’t have to worry about on-site access operations, but rather focus on selling tickets and balance online. The tickets API sends unique links per purchase, so Attendees can download the items purchased in dChip, giving the Organizer the power to audit accesses offline confidently focusing on creating the best possible.

1. Ticketing API to dChip. Allows auditing Access by connecting any ticketing system that sells tickets online, unifying fast accesses+purchases in offline.

5.8. Access Control

Expands the power of speed purchasing to multi-level access control. Attendees use NFC or dChip offline to smoothly access any door according to their access level; from General Access to Full Access, everyone gets a green color to enter or purple to invite you to purchase the upgrade with a tap at any recharge station. The Organizer can use check-in and checkout functionalities for better control and reporting. This service works in all challenging environments, even those with saturated, scarce, or no connectivity.

1. Registration (Check-in). Allows for user data collection without internet on-site and grants Access and/or Tokens to enjoy with an NFC bracelet or dChip.
2. Ticket Booth (Upgrades). Facilitates on-site sales of Accesses and Upgrades without paper by assigning them on NFC bracelets/cards or in dChip Apps with QR in offline.
3. Access Control (Fastpass). Grants Attendees quick access and gets more upgrades with total control.
4. Multiple Accesses. Easily allows Attendees to navigate the experience through multiple control points and doors without needing internet.
5. Kids. Swiftly safeguards children by doing a check-in that associates the parent’s bracelet and their mobile number with the children’s.
6. Staff Management. Controls check-in and check-out times of staff as well as their access to restricted areas, meals, and gifts.

5.9 Reports

This feature provides a comprehensive and detailed view of the Operation, enabling the Organizer to make informed decisions and optimize processes. Below is a summary of the different report options offered:

1. Operation Summary. Provides a General Statement of Results showing detailed revenues and sales of the Operation. With this information, the Organizer can evaluate the overall performance of the Operation.
2. Areas. The Organizer has access to a summary of recharges and sales broken down by physical areas within the Operation. This will allow them to identify the most profitable zones and those that require special attention.
3. Products. The Organizer can explore detailed reports on their products and gain insight into the demand for specific products and their performance in the Operation, including how many Attendees consumed them, in how many transactions, and in what quantity separated by actual balance, promo, tokens, and discounts.
4. Categories. Allows categorizing products into different categories and analyzing their performance by category. This helps the Organizer understand what types of products are most popular among their Attendees.
5. Tickets. Enables examination of tickets sold by each type of ticket, by date, and PR.
6. POS. Facilitates generating reports related to the points of sale used in the Operation to review the performance of each recharger/seller.
7. Vendors. Monitors the performance of each of the Organizer’s suppliers and evaluates their contribution to the Operation, identifying key suppliers and analyzing the products they sell.
8. Deposits. Monitors the products (cups, cards) that the Organizer has lent to their Attendees to see how many have been handed out and how many have been returned.
9. Top Clients. Identifies the most loyal and valuable Attendees. Allows understanding of their purchasing patterns and thus offer incentives to maintain their loyalty.
10. Reloads. Allows analyzing the reloads made in the Organizer’s system, reporting on the most frequent amounts.
11. Reloads by User. Provides insight into the ranges of recharges where most of the Attendees fall.
12. Chips. Tracks which Attendees visit the Operation daily, who are recurrent, and who are new.

5.10. Integrations

Many types of integrations have been carried out on the Platform, and we’ll be happy to advise and clarify how to make simple and functional integrations. The secret is simple: avoid real-time dependencies, instead allowing systems to synchronize when there is a signal, so the Organizer can optimize steps and costs and have the data when and where it’s needed.

1. API Inputs. Integrate data from other systems with webhooks to receive them in mycashless.
2. API Outputs. Send data from mycashless to any CRM, POS, PMS, or other systems via API and/or Batch to report as you wish.
3. API from Doors to NFC. NFC chips share local memory to the door software and to mycashless (Mifare Ultralight 1k, 4k).
4. Payment Processor. Any additional processor to Stripe can be connected upon request, requires documentation in English.
5. Customization. Any customization will be evaluated and quoted upon request.

6. Software and Operation Configuration

6.1. Operation Configuration Act

The Organizer must hold a call with the mycashless team where the Organizer will define the configuration elements of the cashless® Platform, which will be specified in an Operation Configuration Act.

The Organizer states that the data and characteristics of the Operation expressed in the Contract’s Service Cover are correct and that any changes to them must be notified to mycashless at least 30 (thirty) business days before the start date of the Operation. Otherwise, if applicable, the Organizer will assume the additional costs due to the change in the data and characteristics of the Operation.

In case the Operation is larger than stipulated in the Contract’s Service Cover and the Operation Configuration Act, the Organizer hereby agrees to pay mycashless for the extra hours of operation and licensing expenses, according to the unit prices described in the Service Cover, upon authorization by the Service Manager.

mycashless is obliged to provide the Services at the place, facilities, date, and time indicated in the Contract’s Service Cover and Operation Configuration Act. The Organizer must provide the correct location, the map of the place, and must provide the necessary facilities for at least one “scouting” or organized visit to thoroughly understand the characteristics of the place where the Operation will be carried out and how the logistics of the place will be in conjunction with the person in charge of operating the different drink bars that will be installed in the Operation (the “Bar Operator”), the person(s) responsible for the accesses, and the person responsible for the Operation’s cash registers.

The Organizer may postpone the date of the Operation, if required, covering an additional charge of 16% (sixteen percent) of the Contract value and subject to the availability of dates of mycashless. When the causes are due to force majeure, the additional charge will not be applied, and it will only be subject to the availability of dates of mycashless.

6.2. Responsible to mycashless

To ensure proper and adequate coordination between both parties regarding the Services and the Operation, the Organizer appoints as responsible for everything related to the operability of this instrument the person defined in the Contract’s Service Cover, who may accredit additional persons by Email at any time.

6.3. Personal Account and dChip

If the Organizer has contracted the Personal Account and/or dChip module, they acknowledge and agree to the following points:

1. Register with the payment processors selected in the Operation Configuration Act.
2. Comply with the Terms of Service contained on their websites, including chargebacks.
3. Be responsible for the timely transmission and content of the internal information as well as that of the Attendee using Personal Account.
4. Ensure a stable internet connection on devices that will exchange the preloads by Personal Account in the Operation.
5. Connect the payment processor with mycashless so that mycashless can enable credit or debit card charging.
6. Accept the fees imposed by the payment processing platform operator.
7. Activate the anti-fraud module and implement the rules recommended by mycashless.

The Organizer agrees that if their account with the payment processor StripeTM is restricted from continuing to receive payments or is not authorized by StripeTM, mycashless may substitute the Organizer’s account with a bridge account, under mycashless responsibility. In this case, the funds will be deposited, according to the same conditions and costs of the payment processor, into the bank account of mycashless to later be transferred to the Organizer’s account. mycashless may retain between 10% to 30% of the funds received, depending on the risk of chargebacks reported by the anti-fraud module, which will be released and transferred to the Organizer in a maximum of four monthly installments from the date of the operation’s conclusion, minus any chargeback that is made during that period. For this assumption, the Organizer grants mycashless, an exclusive mandate (commercial commission) in terms of Article 273 and related of the Commercial Code so that mycashless can carry out the acts related to the receipt of resources, as established in this paragraph.

6.4. Menus.

The Organizer commits to providing the menus for each establishment in the Network of Establishments of the Operation, within the times established in the Configuration Act, in the format provided by mycashless for that purpose. Modifications can be made up to 24 (twenty-four) hours before the start of the Operation; any subsequent modification requested by the Organizer, either hours before or during the Operation, will be carried out in a staggered manner, within a maximum of 3 (three) hours, so as not to affect the rest of the services and activities of the staff assigned to the Operation.

6.5. Consumption Mode.

Deposits can be in real balance, promotional balance, or tokens, so the Organizer must define the mode that will apply to each of the products marketed through the Network of Establishments of the Operation. To this end, the Organizer must define how the promotional balance or tokens will be assigned to the NFC Chips and dChip. In the case of courtesy for consumption, or cards with promotional balance or tokens, at the time the Organizer makes a purchase, they will be discounted in the following order of priority: promotional balance, tokens, and real balance.

6.6. Resource Management and Banking Terminals

The Organizer agrees that the cashless® Platform is not a credit card charging platform, so it is their responsibility to hire the banking terminals for debit and credit card charges, as well as to have the necessary equipment responsible for cash handling and management.

6.7. Refunds.

The Organizer is obligated to communicate, through the Operation’s communication channels, the refund mechanism, the timing, and the means by which Attendees can request their refund during and after the Operation, releasing mycashless from any responsibility for any action taken to comply fully and timely with the obligations of payment and refund requested by third parties.

With the exclusive purpose of supporting the Organizer in their refund management with the respective Attendees, mycashless may make available to the Attendees a form at https://mycashless.com/refund/ for the request of refunds after the Operation’s conclusion, where Attendees will put their NFC Chip Tag ID, as well as card or account, so that the Organizer can carry out the corresponding bank transfer. In these cases, once the refund period is closed, mycashless will deliver to the Organizer a document with the list of transfers to be made, being the total responsibility of the Organizer to carry them out, thus, in this act agrees to hold mycashless harmless in this respect, and the Parties acknowledge that at no time can it be understood that mycashless directly intervenes or is responsible for any stage of the refund procedure, since its involvement is limited exclusively, at most, to assist in the exchange of information between the Organizer and the Attendees through the cashless® Platform.

The Organizer may charge the Attendee an administrative fee for the refund, as long as it is previously communicated in the Operation’s Refund Policies. The unclaimed circulating balance, after the refund period, will be considered as the Organizer’s profit. The Organizer commits to making all requested refunds in a timely and proper manner.

6.8. Reports

The Organizer will have access to reports of the Transactions carried out by the Attendees through the cashless® Platform in real-time, provided that the WiFi network for the Operation referred to in the seventh clause of this Contract has been installed. mycashless will deliver a preliminary report at the end of the Operation, and the detailed final report no later than 5 (five) business days after the Operation, as well as the database of Attendees with a psychographic study of them (name, gender, age, and purchases made), in case the registration of the attendees has been done through Guestlist. mycashless has authorizations in its privacy notice that empower it to share this information.

6.9. Operations Office

The Organizer must provide mycashless with a closed physical space (operation office) within the facilities of the Operation, which must have security, internet, electrical outlets, and the necessary furniture to operate the cashless® Platform; to carry out the delivery/reception of the mycashless Devices; as well as to report the final report to the Organizer. If the Operation takes place in areas with hot climates, this operation office must have air conditioning to keep the equipment at an appropriate temperature.

6.10. Training

mycashless is obligated to train the personnel designated by the Organizer for the proper use of the cashless® Platform and mycashless Devices. To this end, the Parties will agree on a training schedule prior to the start date of the Operation. The Organizer will be responsible for providing the location and materials, as well as for calling the staff who will operate the cashless® Platform during the Operation.

The training must be given on topics of the use of the cashless® Platform and the correct use of the mycashless Devices. mycashless disclaims any misuse that the Organizer’s personnel may make of the cashless® Platform equipment.

6.11. WiFi Network

The Organizer must provide an internal WiFi network, with internet access, to synchronize the various mobile devices that use the cashless® Platform and to be able to obtain a real-time report of the movements of the Attendees on said Platform. The WiFi network is critical for obtaining real-time reports, but not for the provision of the Services. If the Organizer cannot guarantee the WiFi network, mycashless may implement it on its own, under a cost previously agreed upon between the Parties, or may recommend to the Organizer a third-party service provider that can provide such a network with the required specifications, assuming the Organizer the costs of the third-party service provider, as well as the implementation costs carried out by mycashless.

The lack of a network, or intermittencies of the same during the Operation, will not affect the recharges and sales during it, since the Cashless system can function without internet; therefore, the lack of network will not prevent having a real-time report by storing the information in the memory of the NFC Chip. When the network is recovered, or upon delivery of the mycashless Devices at the end of the Operation, the final report can be generated for the Organizer’s knowledge. In periods when there is no internet, or the service is intermittent, such a report can be granted up to the last available synchronization and the report of each device can be consulted individually.

6.12. Policy Signage

The Organizer will be responsible for setting up the necessary signage for the cashless® Platform and Services within the Operation, to provide the Services. To this end, mycashless will provide the necessary information and content proposal, which must always include the “mycashless” logo. Additionally, the Organizer must provide mycashless with the necessary accreditations to access all areas that may require support during the provision of the Services. The Organizer must communicate to the Attendees, prior to the start date of the Operation, that the cashless® Platform will be used for Transactions during the event.

6.13. Quality Assurance

mycashless grants the Organizer the opportunity to access Quality Assurance services, which consist of the Organizer implementing the quality and security guidelines established by mycashless, which will be delivered to the Organizer after the configuration call.

To ensure the optimal execution of the Operation, when mycashless deems it necessary and the Organizer agrees to it, the Organizer accepts to include in their access list up to 6 (six) members of the mycashless staff who will act as mystery shoppers. These individuals will not identify themselves as part of the mycashless team; their objective will be to identify gaps and inconsistencies that may arise in the Organizer’s operation and provide the necessary recommendations for the Operation to be carried out in compliance with the quality and safety standards recommended by mycashless. Among these can be mentioned: required signage guidelines concerning privacy and personal data use, such as the correct and accessible printing of the privacy notice; those regarding applicable refund policies, or in case the visible printing of the no refunds sign; and total transparency regarding the monetary transactions carried out, allowing the User to clearly visualize the balance of each transaction and that the information between the Organizer and the users and/or potential Organizers be communicated positively and clearly. This is achieved through simultaneous feedback on operation and communication, accelerating the success curve and perfect experience.

The recommendations to the Organizer will be delivered in writing, for implementation by the Organizer if so desired. In case the Organizer decides not to execute the quality and safety standards set by mycashless, the Organizer agrees to release mycashless from any responsibility for the violation of rights in terms of privacy, protection of data use, information, and transparency that may be brought by a third party.

7. Supplementary Services

7.1. NFC Chips

mycashless will produce and provide the Organizer with the number of NFC Chips set forth in the Service Cover of the Contract. The customization of the NFC Chips must be requested from mycashless at least 30 (thirty) calendar days before the start date of the Operation, for which the Organizer must have validated the design and characteristics of the NFC Chips, the type of fabric, type of closure, size, printing of the “Tag ID” (Unique Chip Number) for refunds after the Operation, as well as the “mycashless” logo on the wristband fabric printing. Such validation must be confirmed in writing, via email. The Organizer may request NFC Chips, under the understanding that if there is not enough time for customization, they will be generic. The delivery of these additional NFC Chips will be subject to the inventory availability of mycashless, and the Organizer will have to pay the unit price established in the Service Cover.

mycashless will bring an additional 20% (twenty percent) of NFC Chips requested in the Service Cover to the Operation, under the understanding that they will be generic, with the purpose of covering any attendance higher than estimated for the Operation. The price of these NFC Chips will be the one stipulated in the Service Cover of the Contract.

The Organizer accepts and authorizes in this act that the NFC Chips that have not been used may be reused, reassigned, sold, ceded, or transferred by mycashless to whomever it decides without the need for express authorization from the Organizer in case they have not been requested by the Organizer within a period of 30 calendar days from the end date indicated in the cover of this document.

mycashless commits to delivering the NFC Chips to the Organizer, prior to the Operation on the date agreed with the Organizer. From that moment, the Organizer will be the sole responsible for the safeguarding, care, management, and assignment of the NFC Chips. mycashless commits to establishing the necessary technological safeguards so that the chips contained in the NFC Chips that come damaged or are decoded during the Operation, remain encrypted and, in this way, cannot be misused in the purchase of products or services from the Network of Establishments of the Operation, releasing the Organizer from any incident in the failure of the cashless® Platform.

In case the Organizer acquires NFC Chips from a provider outside of mycashless (the “Foreign NFC Chip”), it must pay mycashless an amount of 3.00 MXN (three pesos 00/100 national currency) plus the corresponding Value Added Tax (VAT) for each Foreign NFC Chip that is activated on the cashless® Platform. In this act, the Organizer releases mycashless from any liability for any failure or malfunction that may arise from the use of the Foreign NFC Chips, whether before or during the Operation. Similarly, given that the Organizer will acquire Foreign NFC Chips, the Organizer acknowledges that mycashless will only have an additional 20% (twenty percent) of NFC Chips over the Foreign NFC Chips, under the understanding that they will be generic.

The Organizer recognizes that the Services of mycashless will be provided through the NFC Chips or dChip, so it is strictly prohibited to execute and accept cash commercial transactions. The Organizer commits to taking the necessary measures to prevent and sanction this type of practices by its personnel. In case of non-compliance with the provisions herein by the Organizer and/or its assigned personnel, mycashless will have the authority, at its sole discretion, to cancel the services and terminate the Contract, without any liability, and without the need for prior judicial notice. In such a case, the Organizer is obliged to pay for damages caused to mycashless.

7.2. mycashless Devices

The Organizer agrees that the necessary mycashless Devices for operation will be provided according to the total number of terminals established in the Service Cover. To have terminals available during the Operation, in case of malfunction or failure, mycashless will have a reserve equivalent to 10% (ten percent) of the total mycashless Devices requested in the Service Cover. The allocation of mycashless Devices will be made according to the needs established in the Layout, and based on the configuration characteristics required for each establishment in the Network of Establishments of the Operation. After the Operation, there will be a charge for additional devices that have been used on the concept of “Licensing by active mPOS” and “mPOS Devices (rent).

mycashless Devices will operate for the number of hours required on each day of the Operation, for which mycashless will include external batteries and equipment for battery charging. It will be the responsibility of the Organizer that the personnel in charge of operating the mycashless Devices follow the guidelines established by mycashless for proper functioning and battery charging.

Any mycashless Device that is broken, mistreated, lost, or stolen during the Operation, or at any time when they are under the responsibility of the Organizer, will cause a payment by the Organizer of $5,000.00 MXN (five thousand pesos 00/100 national currency) plus VAT.

The Parties will agree on a mechanism for the delivery/reception of the mycashless Devices by the operational staff of the Operation, for which mycashless will provide a delivery/reception format for each mycashless Device with a Responsiveness Letter, which must be signed by both Parties.

7.3. Supervision Staff

mycashless will assign the staff indicated in the Service Cover of the Contract (the “Staff”). This Staff will have the following responsibilities: (i) achieve optimal execution of the Operation; (ii) collaborate with the Organizer to achieve the satisfaction of the Attendees; (iii) thoroughly know the operation and functioning of the cashless® Platform to support the Organizer with the requirements; (iv) communicate any problem that cannot be timely attended to the Operation coordinator; (v) anticipate risks and possible scenarios having alternatives and emergency protocols to respond to problems with the network, failures of the cashless® Platform, failures of the mycashless Devices, theft of the same, among others; (vi) handle and not share with anyone the passwords of the mycashless Devices that have been entrusted to them; (vii) carry out the delivery/reception of the Point of Sale Terminals and NFC Chips against the delivery of identification and signing of the responsive by the Organizer’s team and the Attendee; (viii) properly manage and care for the goods and resources that the Organizer grants them for the development of the Operation; (ix) keep and not use for purposes other than their duties, information of the Organizer related to the Attendees, the structure, organization and services it offers, as well as its quotes and business schemes; and, (x) perform the closing of the Operation and report to the Organizer.

Furthermore, mycashless commits to ensuring that the Staff maintains appropriate behavior according to morals and good manners, does not consume alcoholic beverages or drugs, and adheres at all times to the behavior required in the Operation during the provision of Services.

The Parties agree that in the implementation and supervision of the cashless® Platform, mycashless will at no time: (i) operate the sales points directly; (ii) operate directly or indirectly the cash registers; (iii) receive or charge money in cash and/or through bank debit or credit cards; and, (iv) ensure that the Organizer’s operators do not receive cash. That said, the Parties agree that it is the responsibility of the Organizer’s personnel to supervise and ensure that cash is only received at the points determined by him.

7.4. Travel Expenses

mycashless will quote travel expenses including transportation, lodging, and meals for the Organizer’s authorization via email, an amount that will be invoiced to the Organizer. In case the Organizer has preferential prices, they may cover the travel expenses directly. If the Organizer does not cover the travel expenses under the minimum standards of mycashless, the Staff will notify the Organizer by email of the non-compliance and the measures taken to be reimbursed by the Organizer to mycashless.

General Terms

8. Rights of Use and Software Restrictions

mycashless grants the Organizer the right to access and use the Software over the Internet (colloquially known as “as a service”), subject to compliance with the terms and conditions set forth herein, including the timely and appropriate payment for the use of the Software and Services by the Organizer. The Organizer acknowledges and agrees to respect that the Software, as well as all its designs, are and will at all times be the property of mycashless.

It is strictly prohibited for the Organizer, or any third party external to mycashless, to partially or totally reproduce the Software by any mechanical, electrical, electronic, printed, or any other means that allows the reproduction, modification, adaptation, decompilation, disassembly, or reverse engineering of the Software. Non-compliance with these terms implies the immediate termination and/or suspension of the license to use the Software and the services chosen and contracted, as well as the obligation of the Organizer to pay for damages caused to mycashless by such acts.

9. Problem Resolution

mycashless will provide in-person support, if contracted, and remote support through the “CSM” (mycashless Support Center), to solve problems that arise in the operation of the Software. The support referred to in this point, as well as any consultation and/or request for technical advice needed, must be made in accordance with the following procedure:

1. The Organizer must contact the CSM immediately after the incident that originates the request for assistance occurs, in order to report it. Or communicate it to the in-person staff, if contracted.
2. At the moment of reporting the incident, mycashless will provide the Organizer with a folio number, which will identify the case and will be used for follow-up.
3. Upon receiving the report, mycashless will issue a diagnosis of the problem. If it cannot be resolved immediately, the report will be turned over to the corresponding specialist for resolution.

When a problem with the Software arises, which prevents its operation or results in an outcome different from the expected, it can be registered through the CSM service under the concept of 5×8 (five days a week, eight hours per day). This means messages can be sent to the phone number +1.915.335.0708 from 10:00 AM to 6:00 PM, Monday through Friday, or via WhatsApp in the group created for the operation, which will additionally provide special attention during operation hours.

9.1. Task Prioritization

Reports will be received and registered according to the aforementioned procedure and will be prioritized with the following criteria: 1) if the Software performs no transactions; 2) or if it has intermittent transactions.

9.2. Response Times

The response times will be as follows:

Priority 1 Response time of 30 min and resolution time of maximum 8 hours.

Priority 2 Response time of 60 min and resolution time of maximum 12 hours.

Note: The mentioned resolution times might vary depending on the complexity of the problem, which will be expressed to the Organizer at the time of reporting. The work program established and approved to complete the reports can be modified if there is a request of higher priority, which may result in the reassignment of personnel to fulfill the new committed requests.

mycashless will take the necessary measures to efficiently correct any error, defect, or failure presented in the Software, according to the response times established in this section. In case such failures are caused by acts of negligence or careless use of the Software, or show signs of manipulation, alteration, or modification, attributable to third parties or persons not authorized by mycashless, the Organizer will cover mycashless for the expenses incurred for the attention of unfounded claims. Such charges will be calculated based on the time invested and the current hourly rate of the mycashless specialist. Any warranty offered to the Organizer by mycashless will be invalidated if the Organizer allows interaction or support to the Software by a third party external to mycashless. mycashless does not grant any other warranty, either express or implied. The Organizer agrees that, under no circumstances, will mycashless be responsible for losses of profits and/or information suffered by the Organizer due to the use of the Software.

10. Data Accuracy

The Organizer recognizes that mycashless will not undertake any investigation to validate the accuracy and truthfulness of the data provided by the Organizer to fulfill the purpose of this Contract and its Terms. Therefore, mycashless is empowered to rely on the accuracy and completeness of such information for configuration, as well as for the Organizer’s access to and use of the Software. In the event that the information has omissions, inaccuracies, or errors, mycashless assumes no responsibility towards the Organizer or any third party regarding any damage or harm that such acts or omissions may cause to the Organizer, nor is it responsible for any failures that may occur in the Services and Use of the Software.

11. Validity

Access to the Software, and the contracted services, are provided to the Organizer with the validity stated in the Contract, which will start from the date of signing. In case of omission in the Contract, the validity will be 12 (twelve) months. Such validity will be automatically renewed for similar periods, unless the Organizer gives written notice to mycashless at least 90 (ninety) natural days in advance of any automatic renewal, expressing their desire not to renew it. Once the validity period has ended, mycashless will cancel the access to the Software. mycashless, at its absolute discretion, may terminate the Services and the Use of the Software at any time, requiring only written notice (via email).

12. Price and Payment Method

The Organizer will pay mycashless for the Services and License of Use, the amounts established in Section III of the Service Cover in the Contract between the Parties, including the corresponding taxes. mycashless will issue an invoice for the monthly recurrence of the Software Use License and, where applicable, the rates for the supplementary services contracted by the Organizer, within the deadlines established in Section IV of the Service Cover of the Contract. The charges billed by mycashless will be paid by electronic transfer to the account established in the Contract. The Organizer accepts that mycashless may periodically contact them via email to the email address associated with their registration account, with billing notices and other communications related to the contracted Services, whether they are: i) promotion of own or third-party products; ii) improvement in service; iii) changes in the Services, among others.

13. Use and Access to the Software

To access the Software, the Organizer and the Attendee must have the legal capacity to acquire the obligations herein conferred and provide the required information to create an account, such that it is the responsibility of the Organizer (and their Users) and the Attendee to keep the information truthful, accurate, up-to-date, and available. Failure to update their account will lead to the inability to access and use the Software, as well as its suspension or cancellation. The Organizer will have the authority to modify, add, or remove authorized Users, notifying mycashless. For any changes regarding access, the Organizer must give written notice to mycashless via email detailing the reasons for their decision and the data requested by mycashless for this purpose. Consequently, the Organizer and their Users, as well as the Attendees, are responsible for all activity that occurs under their account and commit to maintaining the security and secrecy of their username and account password at all times, as such data are confidential.

The Organizer and their Users are responsible towards mycashless, and/or any third party, for their conduct when accessing, consulting, and providing information to the Software, namely: (i) the consequences that may arise from use with purposes or effects that are illegal or contrary to these Terms, of any content of the Software, whether or not made by mycashless, published or not under its name officially; and (ii) the consequences that may arise from use contrary to the content of these Terms, which is harmful to the interests or rights of third parties, or that in any way can damage, disable, or deteriorate the Software or its services. mycashless reserves the right to update, delete, limit, or prevent access to the modules or services, whenever deemed appropriate, temporarily or permanently.

14. Software Inaccuracies

mycashless acknowledges that the content of the Software may contain inaccuracies and/or typographical errors. mycashless does not guarantee the accuracy of the Software’s content and reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Software and to make any changes to the features, functionality, or content at any time. mycashless, as well as any person related to and/or affiliated with mycashless, including, without limitation, directors, agents, representatives, administrators, employees, shareholders, and/or agents, past or present, or allies, will not be liable for errors or omissions in the Software’s content.

15. Denial of Access to the Software

mycashless reserves the right to deny or withdraw access to the Software at any time and without prior notice, to the Organizer, the Attendee, and/or their Users who fully or partially fail to comply with the terms and conditions established here, or who engage in actions or acts tending to: (i) “harass” or otherwise harass or bother the staff or employees of mycashless; (ii) impersonate as a representative or employee of mycashless, making false or otherwise erroneous statements about their connection with mycashless or collecting or storing personal data of other users in relation to prohibited conduct and activities; (iii) forge headers or manipulate Software identifiers to hide the origin of the Content; (iv) upload, post, email, transmit, or otherwise provide any content that they do not have the right to transmit under the terms contained in the Federal Law for the Protection of Industrial Property (“LFPPI”), Federal Copyright Law (“LFDA”), and the Federal Law on the Protection of Personal Data Held by Private Parties (“LFPDPPP”) or contractually protected relationships by nondisclosure agreements; (v) upload, post, email, transmit, or otherwise provide materials that contain computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Software or of the Equipment, and/or of the servers involved; (vi) use the Software in a way that could damage, disable, overload, or alter mycashless servers or network connections, disregard requirements, procedures, policies, or network rules connected to the Software that could interfere with any third party’s use and enjoyment of it; and/or (vi) access the Software, accounts, computer systems, or networks connected to mycashless servers through hacking attacks, password decryption, or any other means nor attempt to obtain materials or information by any means not intentionally made available through the Software.

The Organizer or the Attendee, as applicable, agrees to indemnify and hold mycashless and its officers, agents, employees, partners, and licensors harmless from any claim or demand, as well as to cover reasonable attorney’s fees, promoted by any third party against mycashless due to the content that the Organizer or the Attendee sends, posts, transmits, or provides in a manner other than intended. This is without prejudice to mycashless right to take necessary legal actions to claim damages that such actions by the User could cause.

16. Contents

mycashless will make its best efforts to maintain a high descriptive and organizational level in managing the information contained in the Software; however, mycashless in no way guarantees the accuracy, truthfulness, and precision of such information, which is an exclusive obligation of the Organizer or the Attendee, as applicable.

The Organizer, the Attendee, and the User commit to: (i) use the Software and its Content according to applicable laws and public order, refraining from any act that diminishes, deteriorates, disables, or damages the image and/or information provided by mycashless, or in any way injures the rights or interests of third parties, directly or indirectly linked to it; (ii) not copy, disseminate, modify, reproduce, distribute, or use in any way, with or without profit, the Contents and elements used and that are part of the Software, unless they have the express written authorization of mycashless; (iii) not modify or manipulate the brands, logos, commercial notices, trade names, and distinctive signs in general of mycashless from the Software or the Services provided through it or the people directly or indirectly linked with mycashless (unless they have its express written authorization); (iv) eliminate, bypass, or modify the contents and elements used in the Software and/or the Services, as well as the technical protection devices, or any mechanism or procedure established in the Software.

Excluded from the above terms is that information generated through the Software for use and management by the Organizer or the Attendee, which may be printed and/or copied for interests that best suit them. The Organizer and the Attendee hereby commit to comply with the provisions of article 148, section IV of the LFDA. The Organizer and the User acknowledge and accept that the use of the Software and the Services and Contents is at their sole

16.1. Responsibility Regarding Content

mycashless assumes no responsibility for (i) errors or delays in accessing the Software when entering data into the request form or survey, the slowness or impossibility of receipt by survey recipients or confirmation of the request, or any anomaly that may arise when such incidents are due to problems in the Internet network, acts of God or force majeure, or any other unforeseeable contingency external to mycashless; (ii) failures or incidents that may occur in communications, whether by deletion or incomplete transmissions, so that it is not guaranteed that the services of mycashless are constantly operational; (iii) errors or damage caused to the Software or applications contained in the Equipment due to misuse of the service by the Organizer, the Attendee, and/or their Users; (iv) the inoperability or problems in the email address provided by the Organizer for sending the confirmation of the request made; (v) the delay in sending or receiving any fiscal compliance, or inaccuracy of payment information or tax collections, which may result from the use of the Software.

17. Regarding the Requested Data

The Organizer and the Attendee agree that mycashless may collect personal and sensitive personal data, in order to include them in formats, lists, surveys, databases, or other physical, digital, and/or electronic means, to carry out the proper registration of them and offer the Services. mycashless is not responsible for the consequences that may arise from the truthfulness and/or omission, whether conscious or unconscious, of data by the Organizer or the Attendee in this regard.

mycashless may also collect your IP (Internet Protocol) address to help diagnose problems with the mycashless server, and the administration of the use of the Software. An IP address is a number assigned to your computer when you use the Internet. Your IP address is also used to help identify you within a particular session and to collect general demographic information. Therefore, the Organizer and the Attendee acknowledge and accept that mycashless may use “push” technology through the application that mycashless uses to send notifications to the Organizer or the Attendee, as applicable, knowing that this means of communication does not have any type of access to other functions or information of the device with which it connects to the Software. The information collected may include the URL they come from (whether they have accessed the Software or not), which browser they are using, and also the behavior of the Software in normal use by the Organizer or the Attendee.

For this reason, by accepting these Terms, the Organizer and the Attendee expressly waive the right to present any type of claim, demand, lawsuit, or legal procedure before any Mexican or foreign authority against mycashless, as well as any person related to and/or affiliated with mycashless, including, without limitation, directors, legal representatives, administrators, employees, shareholders, and/or agents, past or present, for any act that arises, or could arise, from the use of the Software and the Services, or from any service derived from such use.

17.1. Personal Data

In compliance with the terms provided by the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), mycashless, as the entity responsible for the processing of your personal data, informs the Organizer, the Attendee, and their Users that the information provided in the Software will be processed for the purposes and according to the terms established in the Privacy Notice available on the Website. To use or enjoy some of the Contents, it is necessary for the User to previously provide certain personal data (the “Personal Data”) to mycashless.

By accessing the Software, or any of the Contents where Personal Data is required, the Organizer and the Attendee are authorizing mycashless to analyze and study such data. The Organizer, the Attendee, and their Users are obliged to provide true and accurate Personal Data. In the event that false or misleading information is provided, mycashless may deny the Organizer or the Attendee access to the Software, without prejudice to the right to claim damages as appropriate.

By providing their Personal Data in the Software, the Organizer and the Attendee authorize mycashless to disclose the respective information to any competent authority, should it be requested through the appropriate legal means, committing mycashless not to share with third parties the individual personal information provided by the Organizer, except for information that Attendees need to know for the proper Operation. Furthermore, mycashless informs the User that the Personal Data collected may be transmitted to be processed by persons other than it. All Personal Data will be treated according to the terms contained in the aforementioned Privacy Notice.

17.2. Handling of Data and Information and Security Measures

All information provided by the Organizer or the Attendee, during their access to the Software, is strictly confidential and will be handled only by mycashless personnel, in accordance with the information management and security policies established for this purpose, which include various mechanisms in compliance with applicable regulations and adhering to the highest standards of security and information protection.

As referred in the Privacy Notice, the primary or secondary purpose of the Organizer’s or Attendee’s Personal Data may include the promotion of services. Therefore, the Organizer and the Attendee, as applicable, hereby authorize and express their acceptance of the use of their data for statistical, promotional, and marketing purposes, as well as any other purpose established in this document or in the aforementioned Privacy Notice.

17.3. Data Indicators

The Organizer and the Attendee acknowledge and accept that the information or data entered into the Software, whether real or historical, is processed and ordered to generate statistical indicators, which mycashless will use for analysis purposes to improve the Software, the Software prices, etc., guaranteeing that for the promotion indicated here, such data will never be individualized, meaning, at no time will they refer to a specific User. The Organizer and the Attendee hereby authorize access to the information provided and generated in the Software, under the terms of this document and the aforementioned Privacy Notice.

17.4. Regarding the Information Provided by the User

The Organizer and the Attendee recognize and agree that mycashless may, during the duration of the Services, rely on or use data, material, or other information provided, and that it does not require any independent investigation or verification. Therefore, mycashless is authorized to rely on the accuracy and completeness of such information to provide the Services. The Organizer and the Attendee, as applicable, are solely responsible for the information they share with third parties and whom it is shared with, thus releasing mycashless from any current or future responsibility in this act. Furthermore, all information that the Organizer or the Attendee publish by any means immediately and forever loses the character of secrecy and confidentiality, releasing mycashless from all responsibility regarding its use and disclosure, subject to the terms and conditions set in the Privacy Notice, when applicable.

18. Exclusion of Warranties and Liability

The Organizer and the Attendee are solely responsible for the use they may give to the Software and its Content. The Organizer and the Attendee acknowledge that the information of the Software and its functionalities are provided “as is,” without any express or implied warranty of merchantability or fitness for a particular purpose.

mycashless does not guarantee the accuracy or completeness of the information, text, graphics, links, or other elements contained in the Software or Content. mycashless does not guarantee the uninterrupted operation, or free of errors, of the Software and/or its Content. Since the information referred to in the Software and its Content is in the cloud, the Organizer and the Attendee accept and agree that mycashless does not control or guarantee the absence of viruses in the Contents, nor the absence of other elements in the Contents that may produce alterations in the Organizer’s or the Attendee’s computer system or in the electronic documents stored.

Any material downloaded or otherwise obtained through the Software will be at the sole responsibility and risk of the Organizer or the Attendee, releasing mycashless from all responsibility for the damage that such act could cause to the equipment or device through which their connection is made (the “Equipment”) and/or for the loss of data resulting from the download of that material.

In no case, neither mycashless nor its suppliers or allies, will be responsible for any damage and/or harm derived from the use of the Software or Content, or from not being able to use them, (IN PARTICULAR, WITHOUT LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, CONSEQUENTIAL, EXCESSIVE, REMOTE AND/OR INCIDENTAL DAMAGES, LOSS OF PROFITS, INTERRUPTION OF BUSINESS ACTIVITY OR LOSS OF INFORMATION AND/OR SECURITY BREACHES), even if mycashless had been advised of such possibility.

19. Use of Cookies

mycashless informs the Organizer, the Attendee, and the User that, through the use of cookies and similar technologies, it seeks to guarantee the best possible experience on the Software by providing personalized information, remembering your preferences, and helping you obtain the right information. If the Organizer or the Attendee require more information regarding the use of cookies and similar technologies, mycashless makes available the Cookie Use Policy on the Website.

20. Electronic Device Compatibility

The Organizer and the Attendee will be responsible for obtaining the devices or Equipment that are compatible with the Software and the Services, since mycashless does not guarantee that these will function correctly on any device. Similarly, the Organizer and the Attendee agree not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Services or the Software, or the databases and/or information contained therein.

21. Intellectual Property

mycashless authorizes the Organizer and the Attendee to use the Software exclusively under the terms expressed here, without implying that it grants any authorization, or any type of right other than the use mentioned above regarding mycashless‘s Industrial Property and Copyright, understood as all registered trademarks, or in the process of registration and/or used in Mexico or abroad by mycashless, as well as all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, commercial notices, rights reservations, domain names, and all types of property rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or to be recognized by corresponding laws.

The Organizer and the Attendee acknowledge and accept that mycashless is the legitimate owner, or has the necessary rights over the Software, including the trade names of mycashless, trademarks, service marks, logos, domain names, and other distinctive features of the brand contained in them (the “Registered Trademarks of mycashless“), regardless of whether those rights are registered or not, and anywhere in the world where those rights may exist, and that they are protected by international copyright laws and treaties. Therefore, the Organizer and the Attendee agree that the Registered Trademarks of mycashless may not be subject to copy, reproduction, modification, publication, uploading, sending, transmission, or distribution in any way. Except as expressly indicated to the contrary in this document, mycashless does not grant the Organizer or the Attendee any express or implied right under patents, copyrights, trademarks, or trade secret information. Therefore, the Organizer and the Attendee acknowledge and agree that the Software, as well as all its designs, are and will at all times be the property of mycashless.

Feedback. In the event that the Organizer or the Attendee provide any comments to mycashless regarding the functionality and performance of the cashless® Platform (including the identification of potential errors and improvements), in this act, the Organizer or, where applicable, the Attendee, authorizes mycashless to make use, without restriction, of all rights, titles, and interests over the expressed comments. This, without being considered as a moral right of the Organizer or the Attendee to require participation or any monetary remuneration, or restriction in the use of such comments for their exploitation by mycashless.

22. Other Provisions

The Organizer and the Attendee agree that a printed version of these Terms, and of any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative procedure.

23. Modification of the Software Terms and Conditions

mycashless reserves the right, at any time, to modify and/or unilaterally renew the terms and conditions of use of the Software without prior notice, with the obligation to post a message containing a notice to the Organizer that certain modifications have been made to the Terms. If the Organizer disagrees with the modifications made, they may terminate the contractual relationship by not renewing the subscription to the license of use.

The Organizer and the Attendees will always have access to the Terms in the Software in a visible manner, and freely accessible for any queries they wish to make. In any case, acceptance of these Terms will be a prior and indispensable step to the acquisition of any Service.

24. Nullity

In case any clause of these Terms is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the Parties and the very purpose of these Terms. mycashless may not exercise some of the rights and powers conferred in this document, which will not imply the waiver of them, except express acknowledgment by mycashless.

25. Discretion

All parties agree that mycashless is not and will not be responsible for any conflict that may occur between the Organizer and their employees, collaborators, creditors, debtors, allies, and/or any other third party who may or may not have an interest, so any controversy that occurs among the named parties should be addressed and resolved among themselves, leaving mycashless out of any claim. The information generated in the Software, as well as any projection, index, indicator, test, report, analysis, conclusion, and any other element of information, objective or subjective, partial or total, is issued for informational purposes and does not represent any promise or guarantee on the part of mycashless or its affiliates for the Organizer, any interested party, or any third party in general.

26. Rights

Any rights not expressly granted in this document are understood to be reserved to mycashless.

27. Law and Jurisdiction

These Terms are governed by Mexican federal legislation. To resolve any controversy or conflict arising from these Terms, the Parties submit to the jurisdiction of the courts of Mexico City, Mexico, even if the domicile of the Organizer or the Attendees is in a different place.

28. Digital, Electronic, or Online Form

The Parties agree that the form to perfect the agreement of wills between them is Digital, Electronic, or Online, where it will suffice to manifest their will by accepting these Terms, as well as providing personal data and banking information in the Software or in the various applications of the licensors, without requiring a signature on any document.

29. Acceptance of the Terms

The Organizer and each Attendee acknowledges that by accessing, subscribing, and using the Software, the Services, and/or Contents or derivatives, they express their full and unconditional acceptance and, therefore, their adherence to the version of the Terms published at the time they access the Software, in terms of what is established by articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89, and other related and applicable provisions of the Commercial Code and the applicable legislation for the Mexican Republic. It is the sole and exclusive responsibility of the Organizer, the Attendee, and the User to read these Terms and their corresponding modifications, each time they access the Software, so if at any time, the Organizer or the Attendee does not agree, in whole or in part, with these Terms, they must immediately refrain from accessing and using the Software and the Services. Therefore, by accepting these Terms, the Organizer and the Attendee expressly consent to be bound by them, thereby entering into a software use agreement with mycashless, thus declaring that they have read the content of each and every one of the provisions and ratify their content.

30. Entire Agreement

The Organizer and the Attendee acknowledge and accept that mycashless made all the information available to understand the scope and characteristics of the Software. Likewise, they declare that, prior to accessing the Software, they analyzed its features and, consequently, agree with them.

First issue date: February 6, 2024

Last modification date: October 31, 2024