Terms and Conditions of Use

Tecnologías Amber de México S. de R.L de C.V. (hereinafter "TAM", "we" or "our") makes available these Terms and Conditions of Use (hereinafter the "Terms"), which govern access to and use of all services, platforms, websites, interfaces, software and mobile applications offered by TAM (hereinafter, jointly, the "Services").

These Terms apply to all persons who access, use or contract the Services, including residents, visitors, community administrators, boards of directors (mesas directivas), security guards, private security companies and their operational personnel, real estate developers, technology integrators, service providers and any other individual or legal entity (persona física o moral) that interacts with our Services (hereinafter, individually or jointly, the "Users").

1. Acceptance of the Terms

By accessing, registering for or using any of TAM's Services, the User declares that they have read, understood and accepted these Terms in their entirety, as well as our Privacy Notice (Aviso de Privacidad). If the User does not agree with any part of these Terms, they must refrain from using the Services.

When the User contracts the Services on behalf of a legal entity (persona moral) (company, association, condominium or other entity), they declare that they have sufficient legal authority to bind said entity to compliance with these Terms. In such case, references to the "User" shall include both the individual (persona física) who accepts and the entity they represent.

Continued use of the Services after the publication of any modification to these Terms constitutes acceptance of said changes.

2. Definitions

For purposes of these Terms, the following shall be understood as:

• Services: All of the technological solutions offered by TAM, including access control platforms, vehicle recognition systems, communication tools, mobile applications, administration panels, operational security assistance services, monitoring systems, integrated telephony and any other product or functionality that TAM makes available.
• Platform: The websites, mobile applications, application programming interfaces (APIs), control panels and any other digital means through which the Services are accessed.
• Account: The individual or business registration that allows the User to access the Services, with unique identification credentials.
• User Content: All information, data, images, files, messages, reports and any other material that the User uploads, transmits or generates through the Services.
• Client: An individual or legal entity that contracts TAM's Services, whether directly or through an authorized intermediary.
• End User: An individual who uses the Services under the license or contract of a Client, including residents, visitors, security personnel, administrators and any other role assigned within the Platform.
• Equipment: Hardware devices, cameras, relays, sensors and any other physical component that is integrated with the Services. The Equipment is not the property of TAM unless expressly indicated otherwise.
• Chats: The messaging functionality of the Platform that allows Users to exchange text messages and images individually or in groups, as well as the communication channels of a community or service.
• Alias: The display name that the User chooses to identify themselves to other Users within the Chats. The Alias does not replace the name registered in the Account or identity verification.

3. Description of the Services

TAM develops and operates technological solutions oriented to access control, community communication, operational security assistance and automation through connected devices. The Services may include, by way of example but not limitation (de manera enunciativa mas no limitativa):

1. Access control: Tools for the management of entries and exits in residential, commercial and industrial communities, including digital directories, temporary passes, QR codes, remote authorizations and visitor logs.
2. Vehicle recognition and log (bitácora): Systems based on optical recognition technology for the identification of vehicles, automated opening of accesses and generation of traffic logs.
3. Communication and channels: Messaging platforms, broadcast channels, security groups, communication between residents and operational personnel, and real-time notifications.
4. Operational security assistance: Tools for the coordination of private security personnel, management of surveillance rounds, emergency protocols, panic button, reports of suspicious activity and communication with monitoring centers.
5. Monitoring and operations center: Interfaces for the real-time supervision of cameras, accesses, alerts and operational activity of multiple communities or sites.
6. Integrated telephony: Voice communication services between visitors, residents and security personnel through the Platform, including the voice group associated with each emergency and its recording under the terms of clause 15.1.
7. Mobile applications: Applications for iOS and Android devices that allow Users to interact with the Services from their personal devices.
8. Free community application: Neighborhood communication tools, groups, security channels, businesses and classifieds of the area («Cerca de ti» ("Near you")) and social features available at no cost to the user. Businesses that do not have an address registered on the Platform may be published through a subscription contracted on TAM's website, in accordance with the «Cerca de ti» Terms and the Business publication agreement. The rating that a User gives to a conversation with a «Cerca de ti» business is private: the business knows only its average and its total, and only an aggregate seal is shown to the public, under the terms of that section.
9. Travel coverage (Amber Viajero): Access, for a determined period and only within the territory of Mexico, to the emergency features of the application attended by a monitoring center, together with tools for the traveler: a copy of their travel documents that only they can open, their itinerary and the verification of their itinerary at key moments. It is further governed by the Travel coverage terms, which prevail over these Terms with respect to said coverage.
10. Business services: Solutions designed for real estate developers, private security companies, technology integrators and other entities that require managing multiple communities, sites or clients through the Platform.

The scope, functionalities and availability of each Service may vary according to the plan contracted, the Client's configuration and the particular conditions agreed upon. TAM reserves the right to modify, expand, suspend or discontinue any Service or functionality at any time, with reasonable prior notice to the affected Users.

4. Types of Users and Roles

The Platform contemplates various roles and levels of access. The main categories of Users are described below, by way of example but not limitation:

4.1 Residential and community users

• Address holders (titulares de domicilio): Persons recognized by the administration of the community (homeowners' association (asociación de colonos), condominium or other figure) as owners or administrators of a property or unit within a service. The holder may assign primary residents to their address and manage the accesses associated with it. This role is distinct from the account owner described in section 4.4.
• Residents and tenants: Persons who inhabit a property within a community that uses the Services, whether as primary or secondary residents, owners or lessees.
• Emergency contacts: Persons designated by a holder or resident to receive alerts and notifications in case of emergency.
• Visitors: Persons who access a community or site temporarily through the mechanisms of passes, QR codes or other means provided by the Platform.
• Service providers: Persons or companies (maintenance, repairs, deliveries, among others) that access a community on a recurring or temporary basis to provide a service, and whose access is managed through the Platform.

4.2 Governance and administration of communities

• Boards of directors and committees: Governing bodies of a community (condominium owners, neighbors' association or other figure) that use the Services for the management and supervision of their community.
• Community administrators: Persons responsible for the configuration and day-to-day operation of the Services within a community, including the assignment of roles, management of accesses and administration of communications.

4.3 Security and operational personnel

• Guards and guardhouse personnel (personal de caseta): Persons who operate the access points, process entry passes, verify identities and record the entry and exit of persons and vehicles through the Platform.
• Security supervisors: Personnel with supervisory functions over guards and operational personnel, including the verification of surveillance rounds, approval of exceptional accesses and management of reports.
• Responders and neighborhood watchers (vecinos vigilantes): Persons in charge of attending to and following up on incidents, emergencies and reports of suspicious activity through the Platform. They may be operational personnel assigned by the administrator or residents of legal age who voluntarily register for this function from the application.
• Monitoring operators: Personnel in charge of the centralized surveillance and supervision of cameras, accesses, alerts and operational activity of one or multiple sites.
• Communicators: Personnel authorized to send mass communications, alerts and notifications through the channels of the Platform.

4.4 Clients and account owners

• Account owners: The individual or legal entity that contracts and pays for TAM's Services. The account owner has access to the management panel, may assign administrators, integrators and security companies, and is responsible for compliance with these Terms and with the payment obligations. This role is distinct from the address holder described in section 4.1.
• Private security companies: Legal entities that contract the Services to coordinate and manage their security operations in one or more communities, including the administration of their operational personnel.
• Real estate developers: Legal entities that contract the Services to integrate access control, security and communication solutions into their residential, commercial or industrial developments.
• Technology integrators: Individuals or legal entities that install, configure and maintain the Equipment compatible with the Services, and that may manage multiple clients through the Platform.
• Other business clients: Legal entities of any line of business (industrial, commercial, educational, among others) that contract the Services for the management of access and security of their facilities.

4.5 Authorities

• Municipal, state and federal authorities: Government officials or agencies that, in accordance with applicable legislation and with prior agreement with TAM or with the Client, access certain functionalities of the Platform for purposes of public safety, crime prevention or emergency response.

4.6 TAM internal personnel

• TAM advisors, support, administrative and operational personnel: Employees and collaborators of TAM who access the Platform for the provision, support, maintenance and improvement of the Services. Their access is subject to TAM's internal policies and to applicable legislation on the protection of personal data.

Each role has specific permissions and responsibilities within the Platform. The Client, holder or administrator of the community is responsible for assigning the appropriate roles to each User. TAM is not responsible for the improper use of the Services resulting from an incorrect assignment of roles or permissions. TAM reserves the right to create, modify or discontinue roles as the Services evolve.

5. Registration, Accounts and Access

5.1 Client Accounts

Access to the Services originates through a Client account. The Client is the individual or legal entity (residential subdivision (fraccionamiento), condominium, private security company, real estate developer, integrator or other entity) that contracts the Services, whether through a paid plan or a trial period. The Client is responsible for the creation, configuration and administration of its account.

When creating a Client account, the person who registers it declares that they have the necessary legal authority to act on behalf of the entity they represent and to accept these Terms on its behalf.

5.2 User Access

Users' access to the Platform is granted through any of the following channels:

• Direct enrollment by the Client or administrator (alta directa): The Client, community administrator or other authorized role enrolls the User on the Platform, assigning them a role and the corresponding permissions.
• Access request: The User may request access to a community or service (for example, through a QR code or an invitation link). Said request must be approved by an authorized person within the Client's account before the access becomes effective.
• Invitation: A User may invite other persons to register on the Platform, for example to communicate with them through the Chats. The invitation includes the User's name, so that the invitee knows who is inviting them, and it is sent through either of two channels, at the User's choice: from the User's own means (for example, their messaging application), or by TAM at the express request of the User, through a message to the telephone number that the User indicates. TAM never sends invitations that a User has not requested, limits the number of invitations that a single person may receive, and does not contact again anyone who asks not to receive them.
• Direct registration (registro directo): An individual may register themselves on the Platform with a verified telephone number, which allows them to use the Chats. In addition, they may register, at no cost, an address and obtain a Client Account for that address with the Services that TAM makes available without charge (digital doorbell, family panic button and communication with their community). The address is the basis on which those Services operate.

In all cases, the User's access is subject to the existence of an active and current Account. If the Client's account is suspended, canceled or terminated, the access of the associated Users may be affected.

5.3 Account security obligations

Every User with access to the Platform agrees to:

• Provide truthful and up-to-date information when required.
• Maintain the confidentiality of their access credentials (password, verification code, session token or any other authentication mechanism).
• Not share, transfer or allow the use of their account by unauthorized third parties.
• Immediately notify TAM or the administrator of their community of any unauthorized use of their account or any security breach of which they become aware.

The User is responsible for all activity that occurs under their credentials. TAM shall not be liable for losses or damages arising from the breach of these security obligations.

5.4 Identity verification

TAM or the Client may require identity verification processes as a condition for accessing certain Services or functionalities. The User agrees to cooperate with said processes.

5.5 Deletion of account and data

The User may request the deletion of their account and personal data at any time through the account deletion page available on the Platform, or in accordance with the procedure established in our Privacy Notice. Deletion is permanent and irreversible. The deletion of the User's account does not affect the Client's account or the access of other Users associated with it. Deletion does not release the User from pending obligations arising from these Terms.

The deletion of the account removes the User from their conversations and groups; the messages they already sent remain visible to their recipients until the retention period of section 7.1 expires.

The Client may request the complete cancellation of its account and the deletion of the associated data, subject to the conditions of the applicable contract and to the fulfillment of its payment obligations.

5.6 Communications and advertising in free accounts

The features that TAM offers at no cost (among them the free community application and the free plan of Amber en Casa) may include spaces intended for communications from TAM about its services and, where applicable, for third-party advertising. Said spaces do not interfere with the security or emergency features, and the advertising is displayed without delivering Users' personal data to the advertisers.

TAM reserves the right to enable these spaces in free accounts at the time it so decides, informing of this in the application with reasonable advance notice. This provision does not apply to the Services contracted under a paid plan.

6. User Obligations

The User undertakes to use the Services in accordance with applicable legislation, these Terms and good customs (buenas costumbres). In particular, the User agrees to:

1. Use the Services exclusively for the intended and authorized purposes.
2. Provide truthful, complete and up-to-date information when required by the Platform.
3. Not use the Services for illicit or fraudulent activities or activities that violate the rights of third parties.
4. Not attempt to access systems, data, accounts or functionalities for which they do not have authorization.
5. Not perform reverse engineering, decompile, disassemble or attempt to obtain the source code of the Services.
6. Not interfere with the normal operation of the Services or with the use that other Users make of them.
7. Not use the Services to transmit content that is offensive, defamatory, threatening, discriminatory or that constitutes harassment.
8. Not use automated mechanisms (bots, scrapers or others) to access the Services without the prior written authorization of TAM.
9. Comply with the internal policies and regulations of the community, company or entity in which they use the Services.
10. Report any security vulnerability, malfunction or improper use of which they become aware.
11. Use the Chats only with persons who reasonably expect their communication, without sending mass messages, unsolicited advertising or content that constitutes harassment, and without using an Alias that is misleading as to their identity.

7. User Content

The User retains ownership of the rights over the User Content that they generate or upload to the Platform. By using the Services, the User grants TAM a non-exclusive, worldwide, royalty-free and sublicensable license to store, process, transmit and display said content to the extent necessary for the provision of the Services.

The User is solely responsible for the User Content that they generate, upload or transmit through the Services. TAM does not proactively monitor the content generated by Users, but reserves the right to remove or restrict access to any content that, in its reasonable judgment, violates these Terms, applicable legislation or the rights of third parties.

The User represents and warrants that the User Content that they generate or upload does not infringe intellectual property, privacy or other rights of third parties, and that it complies with applicable legislation.

7.1 Chats between Users

a) Scope. The Chats allow the User to communicate with other Users of the Platform individually or in groups of up to two hundred fifty (250) members, and with the channels of their community or service. To start an individual conversation or add someone to a group, the User must know that person's telephone number. The Platform does not offer directories or searches for Users by name.

b) Alias and profile. The User chooses an Alias with which other Users will see them in the Chats, and may change it at any time. The Alias may not impersonate another person, TAM, the administration of a community or an authority; TAM may reject or withdraw an Alias that fails to comply with the foregoing. The profile photo, if the User uploads it, is visible to the persons with whom they converse.

c) Groups. Whoever creates a group is its administrator: they may name it, add and remove members. Any member may leave the group at any time. Messages sent to a group are visible to all of its members.

d) Retention. Chat messages are retained in TAM's systems for ninety (90) calendar days counted from their sending and are then automatically deleted. Messages that have been reported may be retained while the report is being handled. The deletion of the User's Account does not delete the messages that other Users already received until said period expires.

e) Conduct and moderation. The obligations of section 6 apply to the Chats. TAM does not proactively read or monitor private conversations or groups. The User has tools to block another User (who is thereby prevented from writing to them), mute conversations and report messages. TAM reviews the reports it receives and may remove content, restrict the use of the Chats or suspend the Account of the User who breaches these Terms, in accordance with section 13.

f) Proper use. The Chats are not a means to request help or report emergencies; for that purpose the Platform offers the panic button and the services described in section 15. TAM does not guarantee the timely reading of a message by its recipient.

g) Invitations. When the User invites a person who is not registered, TAM generates the text of the invitation with the User's name and Alias and a registration link. The User may send it from their own means and under their responsibility, or request TAM to send it by message to the indicated telephone number; in this second case TAM retains the number, the date and the result of the sending solely in order not to repeat invitations, to respect the limit per number and to attend to the invitee's request not to receive more messages. TAM does not use the invited person's data for any other purpose until that person registers on their own. Upon registering, the conversation started by whoever invited them becomes available to both.

8. Intellectual Property

All intellectual and industrial property rights over the Services, including by way of example but not limitation the software, source code, designs, interfaces, trademarks, logos, trade names, algorithms, models, databases (in their structure and compilation), documentation and any other associated material, are and shall remain the exclusive property of TAM or its licensors.

These Terms do not grant the User any property right over the Services or over the elements that comprise them. Access to the Services constitutes a limited, non-exclusive, non-transferable and revocable license of use, subject to the conditions of the plan contracted and to compliance with these Terms.

The reproduction, distribution, modification, public display or any other unauthorized use of the elements protected by TAM's intellectual property is strictly prohibited.

9. Third-Party Services and Content

The Services may integrate with, interoperate with or refer to services, platforms, hardware or content provided by third parties. TAM does not control, does not guarantee and is not responsible for the availability, quality, security or content of said third-party services.

When the User uses third-party services in conjunction with TAM's Services, the terms and conditions and the privacy policies of said third parties shall apply independently. TAM recommends that the User review the conditions of third-party services before using them.

The mention or integration of third-party services within the Platform does not constitute an endorsement, recommendation or guarantee on the part of TAM.

10. Equipment and Hardware

Some Services require or integrate with Equipment provided by third-party manufacturers. The User acknowledges and accepts that:

• TAM operates as a provider of software and technological services. Unless expressly agreed otherwise, the Equipment is not the property of TAM and its acquisition, installation and maintenance are the responsibility of the Client or of the corresponding technology integrator.
• The warranties of the Equipment are provided by the corresponding manufacturer or distributor, not by TAM.
• The proper functioning of the Services that depend on Equipment is subject to said Equipment being in optimal operating condition, properly installed and configured, and compatible with the technical requirements of the Platform.
• TAM shall not be liable for failures, interruptions or degradation of the Service caused by defects, damage, improper installation or lack of maintenance of the Equipment.

11. Billing, Payments and Subscriptions

The Services may be offered under different contracting modalities, including periodic subscriptions, volume licenses, usage-based plans and any other modality that TAM establishes. The prices, payment conditions, billing cycles and accepted payment methods shall be those in effect at the time of contracting and shall be available on the Platform or in the applicable specific contract.

The Client undertakes to make the corresponding payments within the established periods. Failure to pay may result in the partial or total suspension of the Services, without this releasing the Client from its pending payment obligations.

TAM reserves the right to modify the prices of the Services. Any price change shall be notified to the Client with the advance notice established in the applicable contract or, failing that, at least thirty (30) days in advance.

The amounts published on the Platform include the Value Added Tax (Impuesto al Valor Agregado, IVA) in effect, unless expressly indicated otherwise. Invoicing shall be carried out in accordance with the tax provisions applicable in Mexico.

11.1 Online collections (dues and reservations)

Some communities enable, optionally, the online collection of dues (cuotas) and reservations through the Tecnologías Amber platform. By using this feature:

1. Technology platform. Amber provides the software that allows these collections to be enabled and managed. The processing of the payments is carried out by an external payment provider and the funds are deposited into the community's account. Amber does not process payments or manage, hold in custody or transmit the funds.
2. Use of the platform. For enabling and operating online collection, the platform applies a fee for the use of the service, intended to cover the operating costs of this functionality. The applicable amount is shown clearly before confirming any payment.
3. Amount payable. The resident pays the amount of their item (dues or reservation) as is, without additional charges for paying by card. The costs of online collection are covered by the community.
4. Party responsible for the collection. The community is responsible for the item charged and for attending to it vis-à-vis the payer (clarifications and refunds).
5. Third parties. The processing, the settlement of funds and the responsibility for the payment correspond to the payment provider, subject to its own terms, which the community accepts upon activating the feature.
6. Acceptance and changes. The administrator accepts these terms upon enabling the collection; the conditions may be updated with reasonable notice.

11.2 Community administration module (AmberAdmin)

Some communities enable, optionally, the administration module to keep their accounting and administration (dues, budgets, account statements, reconciliation and reports). By using this feature:

1. Data entry tool. Amber provides a technological platform for data entry and consultation. Amber does not provide accounting, auditing or tax, accounting or legal advisory services, nor does it issue a professional opinion on the information entered.
2. Responsibility for the information. The truthfulness, accuracy and integrity of the data (dues, surcharges, expenses, income, budgets, tax and banking data, account statements and reports) correspond to the community and to whoever enters or authorizes them. Amber does not verify or audit said information.
3. Invoicing. The community is responsible for issuing and stamping (timbrar) the tax receipts (CFDI: Comprobantes Fiscales Digitales por Internet, Mexican electronic tax invoices) for its dues and services with its own RFC (Registro Federal de Contribuyentes, Mexican taxpayer ID) and certification provider, and for complying with its obligations before the tax authority. Amber invoices only its own services.
4. Third-party data. With respect to the data of residents and providers processed in the module, the community is the data controller (responsable del tratamiento) and Amber acts as data processor (encargado), in accordance with the Privacy Notice.
5. Restrictions due to debt. The activation and application of restrictions of services for non-payment are the decision and responsibility of the community, in accordance with its bylaws (reglamento) and the law. Amber only executes the configured rule.
6. Retention. Accounting and tax data may be retained for the period required by law, even after the cancellation of the service.

12. Trial Period

TAM may offer trial periods that are free or with special conditions for certain Services. The specific conditions of each trial period, including its duration and the functionalities included, shall be communicated to the User at the time of its activation.

At the end of the trial period, access to the Services may require contracting a paid plan. If the User does not contract a plan, access to the functionalities of the trial period may be suspended or limited.

13. Cancellation and Termination

The Client may request the cancellation of the Services at any time, subject to the conditions of the applicable contract and to the fulfillment of pending payment obligations. The cancellation request must be made through the channels indicated on the Platform or by written communication.

TAM may suspend or terminate the User's access to the Services, immediately and without the need for a judicial declaration, in the following cases:

• Breach of these Terms by the User.
• Use of the Services for illicit activities or activities that put at risk the security of the Platform, of other Users or of third parties.
• Failure to pay the agreed consideration, once the applicable grace periods have elapsed.
• Request from competent authorities or judicial requirement (requerimiento judicial).
• Any other cause provided for in the applicable specific contract.

Right of admission (reserva de admisión). In addition to the foregoing cases, TAM reserves the right of admission: it may deny registration, suspend or remove (dar de baja) an Account, a publication or a content at any time, with or without a current paid plan, when in its judgment it is necessary to preserve the security, trust and proper functioning of the Platform, even if the case is not expressly provided for in these Terms. These decisions are made based on the User's conduct and content, never on their ethnic or national origin, gender, age, disability, social condition, religion, opinions, sexual preferences, marital status or any other reason prohibited by law. If TAM removes, without breach by the User, an Account with a period paid in advance, it refunds to the User the proportional part of the period not enjoyed; removal due to breach does not give rise to a refund.

The termination of the Service does not release the User from the obligations acquired during the term, including payment and confidentiality obligations and those arising from the prior use of the Services.

After termination, TAM may retain the User's data for the period established by applicable legislation or our Privacy Notice.

14. Service Availability

TAM makes commercially reasonable efforts to keep the Services available on a continuous basis. However, the User acknowledges and accepts that:

• The Services may experience temporary interruptions due to scheduled maintenance, updates, improvements or circumstances beyond TAM's reasonable control.
• TAM does not guarantee the uninterrupted, error-free or completely secure availability of the Services.
• The quality and availability of the Services may be affected by external factors, including the User's Internet connectivity, the condition of the Equipment, the conditions of the local infrastructure and the operation of third-party services.
• TAM reserves the right to perform scheduled maintenance, which shall be notified with reasonable advance notice when possible.

15. Security Services and Operational Assistance

TAM provides technological operational assistance tools for the coordination of security activities. The User expressly acknowledges and accepts that:

• TAM is not a private security company and does not provide surveillance, custody, personal protection or transportation of valuables services. TAM is a technology provider that facilitates tools for the management and coordination of security operations.
• The emergency tools (panic button, alerts, reports of suspicious activity) are means of communication and coordination. They do not replace public emergency services (police, firefighters, medical services). In the event of a real emergency, the User must contact the competent authorities.
• The effectiveness of the security protocols depends on the correct configuration of the Service, on the training and performance of the operational personnel, and on the particular conditions of each situation. TAM does not guarantee specific results in matters of security.
• When the Service is integrated with the operations of a private security company, said company is directly responsible for the provision of the security services in accordance with applicable legislation. TAM acts solely as a technology provider.
• Response times to alerts or emergencies depend on the operational personnel assigned by the Client or by the corresponding security company, and not on TAM.
• The operational security personnel (guards, guardhouse personnel and similar functions) who use the application in said modality acknowledge and accept that, as part of the functionality of the Service, the location of their device is collected continuously —even while the application runs in the background— during the time in which their operational session is active, and that said location is visible, in real time and historically, to the persons with supervision, monitoring or administration functions designated by the private security company or the contracting community (among others, supervisors, monitoring operators, administrators, the account holder and the board of directors).
• The activation of this functionality, the determination of the persons who have access to said information and the use made of it correspond to the private security company or contracting community, in its capacity as employer or party responsible for the personnel. TAM limits itself to providing the technological tool.
• It is incumbent upon the private security company or contracting community to inform its personnel about this functionality and to obtain the consents that are applicable in accordance with labor and personal data protection legislation.
• The «Viaja acompañado» ("Travel accompanied") feature allows the User to voluntarily share the location of their device during a trip that the User themselves starts. While the trip is active, said location is collected continuously —even while the application runs in the background— and is visible only to the persons registered as residents of the User's same address. The User may end the trip at any time from the application; the Service closes it automatically when it does not receive confirmation of arrival or when the maximum foreseen duration is reached. This functionality is a means of accompaniment between the persons of the same address and does not constitute a monitoring, location or response service provided by TAM; its availability depends on the connectivity of the device and on the permissions that the User themselves grants.

15.1 Recording of emergency audio

When a User activates an emergency from the application, the device that activated it automatically joins the voice group of that emergency with the microphone open and the communication is recorded, even when no other person has joined. The User expressly acknowledges and accepts that:

• The recording starts automatically with the activation of the emergency and the User is informed of this through a permanent on-screen notice while the recording is in progress. The User may end it at any time by hanging up from said notice, and may revoke the microphone permission from the settings of their device, which will prevent the function from operating.
• The recording captures the audio of the device's surroundings and may record the voices of the persons present during the emergency. The User undertakes to use this functionality only in a real emergency situation and not to use it to capture conversations unrelated to the incident. The use of the emergency function for different purposes constitutes a breach of these Terms.
• The recording is made available to the contracting Client —community or private security company— and to the persons designated by it with supervision, monitoring or administration functions, who may play it back from the panel of the Service, and it may be delivered to the competent authorities when so required by law, when there is a judicial order or when requested by the User themselves.
• Recordings are retained for a period of 210 days, after which they are automatically deleted. TAM is not obligated to retain them beyond said period, except upon a prior requirement from a competent authority.
• Recording is a best-effort functionality. Its execution depends on the permissions granted by the User, on the condition and capabilities of the device, on the restrictions that mobile operating systems impose on audio capture when the application is not in the foreground, on the available connectivity and on the operation of the recording infrastructure and of third-party services. TAM does not guarantee that a given emergency will be recorded, nor the integrity, quality, continuity or duration of a recording.
• TAM does not guarantee the evidentiary value or admissibility of the recordings before any judicial or administrative authority; their assessment corresponds exclusively to the authority hearing the matter. The User must not consider the recording as a substitute for filing a complaint (denuncia) with the competent authorities.
• The processing of the personal data contained in the recordings, including those of third parties, is governed by the Privacy Notice, in its section "Audio recording in emergencies" ("Grabación de audio en emergencias").
• It is incumbent upon the contracting Client to determine which persons in its organization have access to the recordings, to use them exclusively for the handling, documentation and follow-up of the incident, and to inform its residents or personnel about this functionality. TAM acts solely as a technology provider.

16. Limitation of Liability

To the maximum extent permitted by applicable legislation:

• TAM shall not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, including loss of profits, loss of data, reputational damage, lost earnings (lucro cesante) or interruption of activities, resulting from the use or inability to use the Services, regardless of the cause and even when TAM has been advised of the possibility of such damages.
• TAM shall not be liable for damages or losses (daños o perjuicios) arising from criminal acts, natural disasters, failures in public infrastructure, electrical power outages, telecommunications failures or other circumstances beyond its reasonable control.
• TAM shall not be liable for the actions or omissions of Users, of security personnel, of community administrators or of any other third party that uses the Services.
• TAM shall not be liable for the nonexistence, loss, interruption, technical deficiency or deletion —in accordance with the applicable retention period— of an emergency recording, nor for the consequences of said recording not being available, being incomplete or lacking the quality necessary for a given purpose.
• TAM's total cumulative liability to the User, for any matter related to the Services, shall not exceed the total amount paid by the User to TAM during the twelve (12) months prior to the event that gives rise to the claim.

The foregoing limitations shall not apply in cases where Mexican legislation expressly prohibits them.

17. Indemnification

The User undertakes to indemnify, defend and hold harmless TAM, its directors, employees, agents and representatives, from and against any claim, lawsuit, damage, loss, cost or expense (including reasonable legal fees) that arises from or is related to:

• The use of the Services by the User in contravention of these Terms.
• The violation of applicable legislation by the User.
• The infringement of rights of third parties by the User.
• User Content that violates these Terms or applicable legislation.
• The negligence or willful misconduct (dolo) of the User in the use of the Services.

18. Confidentiality

The User agrees to treat as confidential all information of a technical, commercial, operational or strategic nature to which they have access through the Services and that is not in the public domain. This obligation survives even after the termination of the contractual relationship.

The processing of personal data is governed by our Privacy Notice, which forms an integral part of these Terms.

19. Information Security

TAM implements reasonable physical, administrative and technical security measures to protect Users' information. However, no security system is infallible. TAM cannot guarantee that the information transmitted over the Internet or stored in its systems is absolutely invulnerable to unauthorized access, interception or alteration.

The User acknowledges that the security of their information also depends on the precautions they take with respect to their access credentials, the security of their devices and their Internet connection.

20. Modifications to the Terms

TAM reserves the right to modify these Terms at any time. The modifications shall enter into force upon being published on the Platform with the date of last update. For substantial changes, TAM shall make reasonable efforts to notify Users through the available means.

It is the responsibility of the User to periodically review the Terms in effect. Continued use of the Services after the publication of the modifications constitutes acceptance of the updated Terms.

If the User does not agree with the modifications, they must stop using the Services and, where applicable, request cancellation in accordance with the established procedure.

21. General Provisions

• Entire agreement: These Terms, together with the Privacy Notice and any specific services contract, constitute the entire agreement between the User and TAM regarding the use of the Services.
• Severability: If any provision of these Terms is declared null or unenforceable by a competent court, the other provisions shall continue in full force and effect.
• No waiver: TAM's failure to exercise any right established in these Terms shall not constitute a waiver thereof nor prevent its future exercise.
• Assignment: The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of TAM. TAM may assign its rights and obligations to any affiliated, successor or acquiring company.
• Notices: TAM's notices to the User may be made through the Platform, email, text messages or other means of communication registered by the User.
• Force majeure: TAM shall not be liable for the failure to perform its obligations when said failure is caused by events beyond its reasonable control, including natural disasters, pandemics, acts of government, telecommunications failures, cyberattacks or interruptions in third-party services.

22. Applicable Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of the United Mexican States (Estados Unidos Mexicanos), including the Commercial Code (Código de Comercio), the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) and other applicable legislation.

For the resolution of any dispute arising from these Terms, the parties expressly submit to the jurisdiction of the competent courts of the city of Santiago de Querétaro, State of Querétaro, Mexico, waiving any other venue (fuero) that may correspond to them by reason of their present or future domiciles.

Language. These Terms are entered into in the Spanish language. The Spanish version is the only one with legal validity. TAM may publish translations into other languages solely as a courtesy and to facilitate their reading; said translations are not interpretive, do not modify or expand the content of these Terms and, in case of any difference or doubt, the Spanish version prevails.

23. Contact

For any inquiry, clarification or notice related to these Terms, the User may contact us through:

• Email: legal@tecnologiasamber.com
• Telephone: 800 461 1211

Last updated: October 15, 2026