Terms and Conditions

The conditions described in this document (hereinafter “Terms and Conditions of Use”) govern the use and access that you as a Medical User, either a natural person and/or through a legal person with whom you manage your professional activity (hereinafter the “User” or “You”), make of our website www.leona.health or any website owned by LEONA, including related sites, mobile applications, digital platforms, software, social networks, tools owned by LEONA or any of its subsidiaries, subsidiaries or related parties, or even through the use of data messaging to send and receive text messages, voice, images, videos, documents, contacts (i.e. Whatsapp, Telegram, iMessage, or any other similar feature that may be used by You from time to time) regardless of the form and place of access (hereinafter referred to interchangeably together or individually as the “Site” or the “Applications”), as well as any content and/or services that are made available to you by Mericor, S.A. de C.V. (“LEONA”), a commercial company duly constituted and existing in accordance with the laws of the Mexican Republic, with registered office at Av José Vasconcelos 210, Interior 6-B, San Agustín Residential Complex, San Pedro Garza Garcia, Nuevo Leon, 66260.

‍

By making use of the Site and/or downloading the Applications to your mobile device and accepting the Terms and Conditions of Use, you agree to be legally bound and governed by LEONA; By accepting the Terms and Conditions of Use, you irrevocably acknowledge that the acceptance of this document through the use of Data Messages and Electronic Media is, and will be, a valid and irrefutable form of your consent to the improvement of this agreement in accordance with the provisions of art. 93 of the Commercial Code and 1803 of the Federal Civil Code, as well as you expressly and irrevocably accept that any communication, modification, service supplement and, in general, any situation related to the LEONA Services, is carried out through the use of Data Messages and Electronic Media. If you do not accept the Terms and Conditions of Use and therefore decide not to be governed by them, you will not be able to use and access the services that LEONA makes available to you as described below; In the event of a breach by you of any of the stipulations contained in the Terms of Use and/or any of the conditions, promotions and/or guidelines that are applicable for a certain good or service and that are communicated to you by LEONA, LEONA may deny or cancel your access and use of LEONA services.

‍

LEONA reserves the right to make modifications and/or additions to these Terms and Conditions of Use unilaterally, as well as to modify the design, presentation and/or configuration of the Site, or of any of the services or to add new services and to communicate them to you either by publishing them on the LEONA website www.leona.health, through in-app communication through the Applications, by email, by SMS message or by any suitable means or Data Message that LEONA determines; the continued use and access to LEONA services by you after the publication or submission of any modification and/or addition will represent your express acceptance of them. In addition, LEONA will strive to keep the Applications and/or the Site available as constantly as possible, recognizing the User that it is possible that, for reasons of maintenance, security or capacity, as well as due to events that LEONA cannot influence, anomalies or the temporary suspension of the services of the Site and/or the Applications may occur.

‍

1.- Description of LEONA's services (hereinafter the “Services”).

‍

To make use of the services offered by LEONA through the Site and/or any of its Applications, you must register, create a unique and non-transferable User account, grant authorization to LEONA to access and use the data messaging service on your behalf (i.e. Whatsapp, Telegram, iMessage, or any other one with similar characteristics) that you use to communicate and interact with your patients, as well as to read and accept the LEONA Privacy Notice.

‍

By creating your User account and registering with LEONA, you freely decide and agree to complete and accept the LEONA User registration form or otherwise provide information through the Site and/or the Applications, guaranteeing LEONA to be of legal age and to have the legal capacity to carry out any operation on the Site and/or the Applications (or, if applicable, that you are emancipated or under the supervision and authorization of an adult exercising parental authority or guardianship over You), that all data and information transmitted to LEONA are correct and truthful, that all documents you provide to LEONA will be authentic and that you have the necessary rights to legally transmit such information to LEONA. You, as a User, have stated when opening your User account whether or not you want to receive information about products and, if so, you have clarified that you are not registered in the register referred to in Article 18 of the Federal Consumer Protection Act.

‍

LEONA is a Site (as this term is defined in the preamble to these Terms and Conditions of Use), which allows Physicians, Health Professionals and/or anyone who, to complement and support their activities, contracts LEONA Services, to complement and support their professional activity through technological tools that facilitate the communication and interaction of the Doctor and/or Health Professional with their Patients, both in primary care and in the monitoring of any medical condition or consultation general that they receive from these. You, as the owner and responsible for accepting the Terms and Conditions of Use, will be responsible to LEONA and to third parties for the use of the LEONA Services that third parties who are members of your operational or administrative work team may carry out.

‍

Through the management and management of data messaging to send and receive text messages, voice, images, videos, documents and/or contacts that you use to communicate with your patients (i.e. Whatsapp, Telegram, iMessage, or any other similar characteristic that you may from time to time), LEONA interacts on your behalf with your Patients, coordinates your schedule, confirms medical appointments and follows up on both the appointments and the medical treatments you are providing to your Patient, sends messages, makes follow-up calls and, in general, facilitates the communication and interaction that you, as a Doctor, have with your Patients. By registering and using the LEONA Services, you acknowledge, understand and expressly accept that LEONA will have access, control and/or management of the data messaging service that you use to communicate and interact with your patients.

‍

The technology on the LEONA Site uses Patient Information (as this term is defined in the LEONA Privacy Notice, which you must accept in order to make use of the LEONA Services, visible at https://www.leona.health/) that you as your Doctor provide us, in order to generate and make available to you a Patient Profile with the medical information of your clinical case, a medical record or electronic medical record that can be used by you for the monitoring and personalized care of your Patients or to generate interaction with various medical specialists who are providing medical care to the Patient, as well as to complement and generate alternative treatments with different doctors, through the use of artificial intelligence for information extraction clinic contained in the medical tests or clinical results that your Patient submits to you by any means that, in turn, are interrelated or connected with the LEONA Services.

‍

LEONA technology and the use of Artificial Intelligence for the provision of LEONA Services are a support tool for your activity as a Physician, however, you understand, acknowledge and expressly accept that LEONA technology and Artificial Intelligence can make errors in information, so you are and will be solely responsible for the comprehensive care of your Patients, and it is your sole responsibility to review the information, as well as confirm and diagnose your Patients; LEONA will not be responsible for the information that generates its technology or, where appropriate, Artificial Intelligence, nor can it be understood in any way that LEONA technology is diagnosing any medical treatment for its Patients. You are solely responsible for complying with regulations, requirements, licenses, permits, registrations and, in general, any guidelines that are applicable to the exercise of your profession.

‍

Services. All Services available on the Site and/or Applications are intended solely for their use. LEONA reserves the right to release new Services, without any restrictions on frequency, quantity, uses and characteristics. In addition, LEONA reserves the right to withdraw, replace or change the Services by simply changing the content of the Site and/or the Applications. In addition, LEONA has the right to stop offering, without prior notice and at any time, access to the published Services.

‍

Description of the Services. All information about the Services, through the Site and/or the Applications, is provided for informational purposes. It is the User's sole responsibility to read and understand the descriptions of the Services, and, where appropriate, to take the necessary precautions. LEONA does not guarantee that the descriptions or their content are error-free.

‍

The provision of the Services that LEONA provides through the Site and/or the Applications will, in principle, have an indefinite duration. However, LEONA is authorized to terminate or suspend the provision of its services at any time, without the need for prior notification to the User.

‍

Newsletter. By choosing to register their personal email and cell phone number, the User can receive, on a regular and free basis, the LEONA Newsletter, with information regarding offers, new releases of Services and information related to them. This Newsletter may be provided by LEONA or by people directly or indirectly linked to it. The User will have the right to cancel, at any time, their registration to the Newsletter by communicating to hola@leona.health. The cancellation will take effect no longer than 72 (seventy-two) hours from the date of receipt of the cancellation request, by deleting the User's email data in the LEONA database.

‍

1.1. Request and Payment for Services.

Request for Services. To request any of the LEONA Services, the User: (i) you will create a User and Password account on the Site and/or the Applications by entering a telephone number, an email and accepting these Terms and Conditions of Use as well as the LEONA Privacy Notice; (ii) you will enter the information that LEONA requires for the full identification of the User through the registration form that will be displayed when registering as a User; (iii) you will enter and register a payment method and, (iv) Once the previous steps have been completed, the User can choose between the different LEONA Services options.

‍

Subject to the Terms and Conditions of Use and the LEONA Privacy Notice, LEONA will provide the Services to you in accordance with the Monthly or Annual Subscription Plan that you have chosen and contracted.

‍

All LEONA monthly or annual subscription plans are automatically renewed unless, before the end of the term of the contracted plan: (i) You cancel your account; (ii) You modify or purchase a different LEONA Services plan; (iii) You apply to LEONA either by email hola@leona.health, through messages In app, or through any other means of communication that LEONA makes available to you, the cancellation of the Services as established in paragraph 1.2 below; (iv) You request LEONA via email hola@leona.health the cancellation of the automatic renewal of the Services; and, (v) LEONA decides to cancel the Services as established in these Terms and Conditions of Use. If you sign up for a monthly or annual Service Subscription Plan with LEONA, you agree to pay the then-current rate, which is determined and associated with the type of Subscription Plan you have chosen.

‍

LEONA reserves the right at all times to modify, terminate or correct the rates and features associated with your Subscription Plan. LEONA will also be empowered to generate recommendations for the purchase of a LEONA Service plan other than the one contracted, based on your behavior of using the Services and the need for specific support.

‍

The data recorded on the Site and/or the Applications used by LEONA constitute the maximum proof of all transactions made between LEONA and the User. In the event of any conflict between LEONA and the User, in relation to any Service offered on the Site and/or Applications, the data recorded on the Site and/or LEONA Applications will be considered irrefutable proof of the content of said transaction, having been recorded through the use of Electronic Media and/or Data Messages between the Parties.

‍

Price. Unless otherwise indicated, the price that appears on each Subscription Plan represents the retail price. Unless otherwise indicated, all prices published on the Site and/or Applications are expressed in Mexican pesos and are presented with Value Added Tax (VAT) included. LEONA reserves the right to change the price at any time and without the need for prior notice, and reserves the right to create specific commercial agreements with a User.

‍

Payment Methods. The User undertakes to pay for the Services in Mexican pesos.

‍

LEONA makes available to the User the following payment method:

‍

- Online payment by credit or debit card, via Stripe:

‍

The User declares and guarantees in this act that the economic resources that will be invested for the payment of each and every one of the obligations conferred in this document come from legal sources and/or activities. Any operating charge, or fee established for the Services offered through third-party servers or portals, are fully regulated by terms and conditions provided by those third parties or by applicable laws, so the User hereby exempts LEONA from any responsibility for the form, time and amount in which the charges are made, even if said charge is considered to be exceeded, undue or violating any right of the User. In this way, the User undertakes to keep LEONA in peace and safe at all times from any judicial process that may be brought as a result of the use of third-party servers or portals. Any change in the User's payment method must be made online. This change may result in a temporary interruption of the Service, while the verification of the new information provided is being carried out.

‍

The User acknowledges and accepts that LEONA may use third-party collection services for the purpose of collecting any outstanding debt due to the Services, for which purpose, the User undertakes to collaborate in good faith for the full settlement of the debts.

‍

Billing. If the User requires tax proof, they must request it by email to hola@leona.health or through the “Support” section for it to be generated. It is a condition for the issuance of such proof that the Services that the User has contracted are fully paid for. The User accepts that LEONA may periodically contact you, via email to the email address associated with your registration account, with billing notices and other communications related to the Services, whether for promotion, improvement, changes, etc.

‍

1.2. Cancellation of Services.

‍

The User will be able to cancel the LEONA Services and request that their account be deleted. In this case, you will have to contact customer service at hola@leona.health or in the “support” section provided for this purpose on WhatsApp and request the cancellation of the contracted Service at least 10 days before the expiry of the current month according to the contracted Subscription Plan; if your request for cancellation is received less in advance than indicated above, your cancellation will be applied in the month immediately following.

‍

The User accepts that a customer service manager will contact him by mail or message no longer than 48 (forty-eight) hours from the date of the User's request for cancellation. LEONA Services are covered for the full contracted period, so there will be no refunds for contracted and paid Services in the event of a cancellation request. If the User is not satisfied with the Service, they can contact customer service through the Support section. LEONA will analyze the case presented by the corresponding User but does not guarantee that the refund will be appropriate and will be at the discretion of LEONA.

‍

2. Exclusion of Liability and Use of the Site and/or Applications.

‍

2.1. Your Use of the Site and/or the Applications.

‍

By creating your user account, LEONA grants you access and personal use of the Services, as well as access to various content, information, advertising materials of your own or third parties, for personal, non-commercial use; The authorization or license for use that LEONA grants to you for access and use of the Services is limited, temporary, non-exclusive and subject to compliance with the Terms and Conditions of Use, as well as for any monthly or annual subscription plan for Services that you have paid for and that allows registration of an Account for the use of a LEONA Service (“Subscription Plan”) as appropriate., it is not transferable, it is not usable for commercial purposes, so your user account cannot be used to allow the use and access of LEONA to third parties who are not the owner of the same and, therefore, it is not sublicensable, sublensible or in any way sub-usable by third parties; The authorization or license for use that LEONA grants to you is revocable at any time.

‍

The account, password (if one is created) created to make use of the license is non-transferable, including the impossibility of being transferred through any type of “digital inheritance”. You acknowledge and agree that this license does not include or grant:

‍

1. Any right to resell or commercial use of any of the LEONA Services, or their Contents;
2. No right to compile or use any list of Services, descriptions or prices;
3. Right to download or copy any account information for your own benefit, or the use of search and data extraction tools or robots or similar;
4. Right to place or use placement techniques to introduce any trademark, logo or other copyrighted information (including images, text, page designs or formats) of LEONA, without the corresponding prior written consent of LEONA;
5. Right to reproduce, duplicate, copy, sell, resell or exploit in any way the Services, or any part of them, for commercial purposes, unless there is prior written authorization from LEONA;
6. Right to use meta tags, or other “hidden text”, that uses LEONA's names or brands, without LEONA's prior written consent.

‍

LEONA and its licensors, suppliers, publishers, rights holders or other Content providers reserve any right that is not expressly included in these Terms and Conditions of Use. Any breach by the User of these Terms and Conditions of Use will result in the immediate termination of the license granted by LEONA.

‍

Lodging. LEONA will host memberships in its software. The accommodation has adequate availability. Notwithstanding the foregoing, LEONA will not be responsible for any drop, total or partial lack of availability, or for total or partial loss of data.

‍

Access and stay on the Site. As a user of the Services, you are solely responsible to LEONA, and any third party, for your conduct when accessing, consulting and providing information on the Site and for the consequences that may arise from a use, for illegal purposes or effects or contrary to the purpose of the Site, its content, prepared or not by LEONA, published or not officially published under your name; as well as those consequences that may arise from the use contrary to the content of these Terms and Conditions of Use that is harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Site and prevent the normal enjoyment of other Users.

‍

Your use and access to the LEONA Site and/or Applications allows you to browse different content, images, information, logos, trademarks, Slogans advertising, products, services, promotional campaigns, service prices, etc., for the sole purpose of allowing you to select and quote any service; As a result, you may NOT reproduce, record, use, alter, modify, copy, advertise, display, promote, or in general, take advantage of any of the above-mentioned for purposes other than those described in the Terms and Conditions of Use. The LEONA Services and all the rights derived therefrom are and will remain the property and property of LEONA, so your use and access to LEONA does not transfer or grant you any authorization or right to use the LEONA name, brand, logos, or business model.

‍

You may NOT generate or use any program, software, script, reverse engineering, or any other computer mechanism in connection with the LEONA Services, the operation of the Site and/or LEONA Applications, information, prices, products or services, or search in any way to download, disaggregate or export information from LEONA, products or services, or seek to obtain collection of information or data through the use and access to LEONA; You may not perform or generate actions, requests, transactions or in any way attempt to cause the saturation and/or malfunction of LEONA or in any way attempt or cause unauthorized access or computer modifications that prevent or hinder the operation of LEONA services.

‍

By registering, creating your user account and accepting the Terms and Conditions of Use, you accept, acknowledge and authorize LEONA to send you information, advertising, satisfaction surveys and/or consumer preferences and, in general, any communication related to your professional activity, whether by email, SMS messages, data messaging to send and receive text messages, voice, images, videos, documents and/or contacts (i.e. Whatsapp, Telegram, iMessage) communication In app, screens or pop-ups Pop Ups, or any other means of communication that LEONA determines. You can request at any time not to receive SMS text messages containing content and information related to LEONA services.

‍

You are responsible for access to the data network on your mobile device and for the costs, charges and/or fees that these represent to you in order to access and use the LEONA Services. You acknowledge that LEONA services may be affected by failures or delays in telecommunications networks related to the use of the internet or electronic commerce, which is not the responsibility of LEONA.

‍

To carry out maintenance work, LEONA reserves the right to suspend access and/or modify the Content, as well as to delete or disable access to the Site, without prior notice. Access to the Site depends on the availability of the User's network, so LEONA will not be responsible for any impossibility of accessing it, resulting from circumstances beyond LEONA's control, as well as due to fortuitous events or force majeure. LEONA, when it deems it necessary for the proper functioning of the Site, will make patches, updates, “bug” corrections and minor improvements.

‍

LEONA offers the User the technical support service and basic guidance for the use of the Services and the functionalities of the Site directly via WhatsApp or you can send your questions and/or questions to the email hola@leona.health This service will have no additional cost. In addition, the User who has requested Support accepts and authorizes LEONA to have full access to all the information provided on the Site, without any limitations. In this regard and for the benefit of the User, LEONA undertakes to maintain full secrecy and confidentiality, with respect to the information to which it has access.

‍

2.2. Contents.

‍

The User undertakes to use the Site, Information and its Contents in accordance with applicable laws and public order, abstaining from carrying out any act that impairs, deteriorates, disables or damages the image and/or information disclosed by LEONA or in any way damages the rights or interests of third parties, directly or indirectly linked to it; Not to copy, disseminate, modify, reproduce, distribute or use in any way for profit or for profit the contents and elements used on the Site, unless you have the express written authorization from LEONA; Not to modify or manipulate the brands, logos, commercial notices, trade names and distinctive signs in general of LEONA, the Site or those associated with LEONA (unless you have your written authorization); Delete, evade or modify the Contents and elements used on the Site, as well as the technical protection devices, or any mechanism or procedure established on the Site.

‍

Excluded from the above points, is information generated through the Site for the use and management of the User, which may be printed and/or copied for the interests that best suit the User. The User recognizes and accepts that the use of the Site and the Contents is under their sole and strict responsibility, so LEONA will not be, at any time and under any circumstances, responsible for any damage or problem that occurs in the computer equipment (hardware) or computer programs (software) that the User uses to access or navigate any part of the Site or text messaging.

‍

LEONA has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members on its Site. The User undertakes to respect all the rights contained in the Privacy Notice established on the Site.

‍

Sites and content other than the Site and the LEONA Contents. LEONA may make use of its right to publish any informational material and/or sites or subsites owned by third parties, whether or not linked to LEONA, that it deems to be of interest to Users. Notwithstanding the foregoing, LEONA disclaims all responsibility, the User's access and/or use of the information contained therein and/or the use, origin and destination of information that emerges from different links (link, hyperlink, link).

‍

In the same way, LEONA may make use of its right to publish any service provided by third parties, linked or not to LEONA, that may complement the LEONA Services (i.e. Complementary services of Meta); LEONA disclaims all liability related to the access, use, content, scope, costs and/or contracting of services carried out by the User with third parties other than LEONA when accessing, browsing and, where appropriate, contracting third-party services through any link, hyperlink or link other than LEONA. You understand, acknowledge and accept that everything related to the terms and conditions of services (including payment and cancellation of these) to which you have accessed through any hyperlink, link, link or reference within the LEONA Site and/or Applications (including personal data protection), are foreign to LEONA and are not provided by LEONA, so LEONA is not responsible for them, nor can you claim or request LEONA to intervene as a mediator, intermediary, interlocutor or representative of said third. You release and release LEONA from any liability that may arise from the use of third-party services.

‍

Denial and withdrawal of access to the Site and the Contents. LEONA reserves the right to deny or withdraw access to the Site or its Contents, at any time, without any liability to LEONA and without prior notice to the User who fully or partially fail to comply with the conditions established here and/or who carry out actions or acts aimed at:

‍

Falsification or impersonation, including the provision of false information or information from a third party without authorization, for the creation of a profile on LEONA at the time of creating the account;
“Harass” or otherwise harass or annoy other Users or LEONA staff;
Impersonating yourself as a representative or employee of LEONA, making false or otherwise erroneous statements of your relationship with LEONA;
Collect or store personal data from other users in connection with prohibited conduct and activities;
Falsify headers or manipulate Site identifiers, in order to hide the origin of the Contents;
Upload, post, email, transmit or otherwise provide any content for which you do not have the right to transmit, under the terms contained in the Federal Industrial Property Protection Act (“LFPPI”), the Federal Copyright Act (“LFDA”), and the Federal Act on the Protection of Personal Data Held by Individuals (“LFPDPPP”) or contractual relationships protected by confidentiality and non-disclosure agreements;
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, hardware or telecommunications equipment connected to the Site;
Make use of the Site in a way that could damage, disable, recharge or alter LEONA's servers or network connections;
Ignore the requirements, procedures, policies or rules of networks connected to the Site that could interfere with the use and enjoyment of the Site by any third party; and
Unauthorized access to accounts, computer systems or networks connected to LEONA's servers, through their own hacker attacks, password cracking, or any other method to obtain or attempt to obtain materials or information using any means not intentionally offered through the Site.

‍

The User agrees to compensate and keep LEONA and its officers, agents, employees, partners, suppliers and licensors in peace and secure against any claim or demand, as well as to cover reasonable attorneys' fees, brought by any third party against LEONA because of the content that the User submits, posts, transmits or provides in a manner other than that provided for on the Site or any misuse made by the User of the Site. The foregoing, without prejudice to LEONA's right to take the necessary legal actions to claim the damages that such actions on the part of the User may cause.

‍

2.3. Exclusion of Liability in the Use of LEONA Services.

‍

LEONA is not responsible or guarantees that Users use the Services and contents of the Site and/or LEONA Applications in accordance with these Terms and Conditions of Use, nor does it guarantee the veracity of the data that Users provide about themselves. LEONA is excluded from any liability for damages of any kind that may be due to the use of the Services and content by Users and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a User in any kind of communication made through the Site and/or the Applications.

‍

The Site and/or Applications contain links to other web pages, and the User is aware that LEONA is not responsible for the privacy practices or the content of those other websites.

‍

In addition, LEONA does not guarantee the availability, continuity or infallibility of the operation of the Site and/or the Applications and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Site and/or the Applications and the services enabled therein. LEONA, the Site and/or the Applications, may not be free of viruses, errors, spyware, Trojans or similar malicious software. LEONA is not responsible for any damage to your computer hardware or software or other type of technology. Nor is it responsible for any loss of information as a result of the transmission, use of data or erroneous content posted by Users.

‍

LEONA will not be responsible in any way, when there are: (i) errors or delays in accessing the Site/Whatsapp when entering data in the application form, the slowness or impossibility of receiving confirmation of the request by the recipients or any anomaly that may arise when such incidents are due to Internet network problems, unforeseeable circumstances or force majeure or any other unforeseeable contingency outside LEONA; (ii) failures or incidents that may occur in communications, either being deleted or due to incomplete transmissions, so that it is not guaranteed that the services of the Site are constantly operational; (iii) of errors or damage caused to the Site and/or the Applications due to a misuse of the service by the User; (iv) of inoperability or problems with the email address provided by the User to send the confirmation of the request made.

‍

In any case, LEONA is committed to solving any problems that may arise and to offering all the necessary support to the User to arrive at a quick and satisfactory solution to the incident. In addition, LEONA has the right to carry out promotional campaigns during defined time intervals to promote the registration of new members in its service.

‍

2.4. User Obligations.

‍

The User undertakes to make diligent use of the Site and/or the Applications and the services accessible from it, in full compliance with the law, good customs and these Terms and Conditions of Use, as well as maintaining due respect for other Users. Any use other than the purpose of the Site and/or the Applications is expressly prohibited. In this regard, the User is prohibited from using any of the materials and information contained in the Site and/or the Applications for illegal purposes and expressly prohibited in these Terms and Conditions.

‍

All information provided by the User through the Site and/or the Applications must be true and accurate. The User guarantees the authenticity of all the data they communicate as a result of filling out the forms necessary for the subscription of services through the Site and/or the Applications.

‍

Any information or content that the User publishes on the Site and/or the LEONA Applications must be legal and truthful and not susceptible to violating the rights of third parties or current regulations. For these purposes, the User guarantees the authenticity of all information published on the Site and/or the Applications.

‍

The User undertakes not to use the Site and/or the Applications to obtain source codes or any other data essential for their operation, nor to carry out reverse engineering or any other acts aimed at modifying, subtracting, adding or decompiling the application or website.

‍

2.5. Age and Legal Capacity.

The use of the Site and/or the Applications is restricted to minors, so you, as a User, must be 18 years of age or older, register and create an account as a user and provide LEONA with the necessary information to identify You in order to provide the third parties with whom the Services connect you with a valid and true profile; By virtue of the foregoing, the Services are aimed at people of legal age who have full legal capacity. Minors under this age are not authorized to use the Site and/or the Applications and should not, therefore, use the Services, so LEONA reserves the right to cancel and cancel the data of those Users who, having been required to do so, do not prove to LEONA's satisfaction that they are of legal age.

‍

2.6. Responsibility and Dissemination of Content, Data and/or User Information.

LEONA has no obligation to verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data they provide about themselves on the Site and/or the Applications.

‍

When the User enters the information requested by the Site and/or the Applications, they authorize the use and collection of personal information, LEONA complying with all current legislation in relation to this matter, especially with regard to the protection of personal data associated with the User's banking or financial information due to the payment of the Services.

‍

The User's personal information that is stored by LEONA on servers or other electronic means will be protected by electronic and physical security systems; The use and collection of the personal information that you register in your profile when creating and configuring your user account on the Site and/or the Applications is done in accordance with LEONA's privacy policy and notice, visible on its website www.leona.health. You understand, acknowledge and agree that your personal information may be used and provided to complaint and claim processors In app so that they can even contact you.

‍

LEONA does not guarantee that the Site and/or the Applications, or any part of them, will work on any particular hardware or device. In addition, the User accepts that the Site and/or the Applications may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.

‍

3. Intellectual and Industrial Property Rights.

All content displayed on the Site and/or the Applications, including, but not limited to, items, designs, texts, graphics, logos, icons, language code, software, brands or any other signs susceptible to industrial and/or commercial use, are subject to LEONA's industrial and intellectual property rights, without it being understood that the use and access to the Site and/or the Applications and the use of their services gives the User any right over the said elements.

‍

LEONA authorizes the User to use the Site, exclusively under the terms expressed here, without this implying that it grants the User any license or authorization, or any type of right other than the one mentioned above, with respect to LEONA's Industrial Property and Copyright, meaning: all trademarks registered and/or used in Mexico or abroad by LEONA; all rights to inventions (patented or not), industrial designs, utility models, confidential information, trade names, industrial secrets, notices commercial rights, reservations of rights, domain names; as well as all types of property rights to works and creations protected by copyright and other forms of industrial or intellectual property recognized or recognized by the corresponding laws. The User acknowledges and accepts that LEONA is the legitimate owner, or has the necessary rights, to the Site, including LEONA's trade names, trademarks, service marks, logos, domain names and other distinctive characteristics of the brand contained therein (the “LEONA Trademarks”), regardless of whether those rights are registered or not, and from anywhere in the world where those rights may exist, and that they are protected by international laws and treaties on industrial property and the right to author. Therefore, the User accepts that the LEONA Trademarks may not be copied, reproduced, modified, published, uploaded, shipped, transmitted or distributed in any way. Unless otherwise indicated in this document, LEONA does not grant the User any express or implied right under patents, copyrights, trademarks or trade secret information. The User acknowledges and agrees that the Site, as well as all its designs, are and will be at all times the property of LEONA.

‍

Feedback. In the event that the User provides and/or generates any comments and/or suggestions to LEONA regarding the functionality and performance of the Site and/or the Applications, either directly to LEONA by any means of communication, or through publications on any other Digital Platform or Social Networks (including the identification of possible errors and improvements), LEONA may make use, without restriction, of all the rights, titles and interests in the comments expressed, without this being considered as an intellectual property right or the User's copyright to request any participation or monetary compensation, or restriction on the use of such comments for exploitation by LEONA. To the extent that any or some of the comments and/or suggestions made by the User could be considered for any reason as an idea or creation of the User, the User expressly assigns all intellectual property rights or copyrights to LEONA free of charge and in perpetuity, expressly waiving any right or claim that he may assert regarding their exploitation by LEONA.

‍

The reproduction, exploitation, alteration, distribution or public communication of the Site and/or Applications for uses other than legitimate information or contracting by Users of the services offered is prohibited.

‍

LEONA may at any time ask you to express ideas, suggestions, complaints regarding LEONA services, or to participate in any promotion or advertising event through which you are allowed to post, upload or share visual or audio content, text information, images, photographs or ideas (“Content”); any Content that You upload or share with LEONA will remain your property. However, by uploading or sharing with LEONA any of the content mentioned above in an illustrative but non-limiting way, You understand, acknowledge and accept that you are granting LEONA an authorization or license for unlimited and invalid use, free of charge and royalty-free, irrevocable and transferable, so LEONA will be entitled to use, modify, copy or reproduce such content in any medium or channel that LEONA deems appropriate without the need for any payment to You, by virtue of being a authorization or license for royalty-free use. You must upload Content that you own and refrain from using any content for which you are not the owner of the corresponding rights. You will be responsible and undertake to compensate LEONA in the event that any third party claims rights to the Content that You share with LEONA as your own; in your case, you will be responsible for ensuring and having prior express authorization from any third party that may have or claim any right to the Content to share it with LEONA and to generate the license for use referred to above.

‍

LEONA reserves the right to delete any content referred to in the previous paragraph if it proves to be offensive, illegal, discriminatory or contains harmful, obscene content or that in any way attacks or harms third parties; likewise, LEONA may, at its sole discretion and unilaterally deactivate your user account and deny you access and use of LEONA services.

‍

4. Personal Data.

In compliance with the terms set out in the LFPDPPP, LEONA, as responsible for the processing of your personal data, informs the User that the information provided by the User on this Site will be treated in accordance with the provisions of the LEONA Privacy Notice contained on the Site. To use or enjoy some of the Contents, it is necessary for the User to provide LEONA with certain personal data (“Personal Data”) beforehand. By accessing the Site, or any of the Contents where Personal Data is required, the User is authorizing LEONA to carry out analyses and studies based on them. The User undertakes to provide true and reliable Personal Data. In the event that the User provides false or confusing information, LEONA assumes no responsibility for the results that such acts cause to the User, having the power to deny access to the Site and its Contents, notwithstanding the fact that it may require any compensation that may arise.

‍

The User recognizes and accepts that, in order to fulfill the purpose of the Site, it will be necessary for LEONA to collect Personal Data, which will be treated in accordance with the LEONA Privacy Notice contained on the Site, in order to include it in formats, lists, databases or other physical, digital and/or electronic media, to carry out the appropriate registration of the same and offer the Services. It is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by the User in this regard.

‍

For this reason, by accepting these Terms and Conditions of Use, the User expressly waives filing any type of claim, demand, lawsuit or legal proceeding before any Mexican or foreign authority against any related and/or affiliated person, including, without limitation, directors, representatives, administrators, employees, shareholders and/or agents, present or former, for any act that derives, or may result from, the use of the Site and the Services, or from any derivative service of such use. As part of the evidence of acceptance of these Terms and Conditions of Use, the time of creation of the User's account will be stored together with the User's personal and contact data. Such data will be stored for at least 5 years, even after the request for account deletion, in accordance with Mexican commercial regulations.

‍

The information that the User provides on the Site, real or historical, is processed and ordered, to generate data indicators, which LEONA can use to make decisions relevant to its business, always in a statistical and not individualized way. The User, in this act, authorizes LEONA to access the information provided and generated on the Site, in terms of this document and the LEONA Privacy Notice.

‍

5. Use of Cookies.

‍

LEONA informs the User that, through the use of cookies and similar technologies, it seeks to: i) guarantee the best possible experience on the Site; and ii) provide the User with information about their service and marketing preferences, thus helping them to obtain appropriate information. If the User requires more information regarding the use of cookies and similar technologies, LEONA makes available the Cookie Use Policy in the LEONA Privacy Notice.

‍

6. Other Provisions.

‍

Validity. The User accepts that any communication sent and/or received electronically or through Data Messages will be admissible as evidence in any judicial and/or administrative proceeding.

‍

Divisibility. In the event that any term, condition or stipulation contained in these Terms and Conditions of Use is determined to be ineffective, illegal or ineffective, it may be excluded from the body of those present and the rest will continue in force and effect as broadly as applicable law.

‍

Rights. Any right that has not been expressly conferred in this document is understood to be reserved to LEONA

‍

Updates. LEONA may review and update, at any time, these Terms and Conditions of Use, maintaining free access at all times to any User who wishes to know them. LEONA reserves the right to modify, at any time, the presentation and configuration of the Site, as well as these Terms and Conditions of Use. For this reason, LEONA recommends that the User read carefully each time they access the Site. Notwithstanding the foregoing, the User will always have them on the Site, in a visible and accessible form at any time.

‍

Applicable Law and Jurisdiction. The use of the LEONA Services, as well as everything related to the interpretation and compliance with the provisions of these Terms and Conditions of Use, are governed by the applicable laws of Mexico (the “Laws”) regardless of the place from which the User decides to access the Site and/or Applications; by simply accessing the Site and/or the Applications, you expressly agree to submit to the Laws, expressly waiving any other jurisdiction and/or the application of any other legal system that, by reason of your domiciles present or future, or from your place of access to the Site and/or the Applications may be claimed to be applicable. Any claim or controversy, of any nature, that derives from the interpretation of these Terms and Conditions of Use or the use of the LEONA Services, must be subject to mediation procedures under the Mediation Regulations of the International Chamber of Commerce “ICC”.

‍

If such a dispute is not resolved within (60) days from the date on which the request for mediation is formalized under the ICC Mediation Rules, such dispute will be referred to and will be resolved exclusively and definitively by arbitration under the Arbitration Rules of the International Chamber of Commerce. The Expedited Procedure and Emergency Arbitrator provisions of the ICC Rules will not apply.

‍

The dispute will be resolved by an arbitrator appointed for that purpose under the ICC Rules. The place for both mediation and arbitration will be the country where the LEONA Services that motivated the claim are being provided. The existence and content of mediation and arbitration procedures, including documents and reports submitted by the parties, ICC correspondence, mediator correspondence and correspondence, requests and awards issued by the sole arbitrator must remain in strict confidence and must not be disclosed to any third party without the express written consent of the other party.

‍

Digitally, electronically or online. The Parties agree that the form to perfect the agreement of will between them is in digital, electronic or online format, where it will be sufficient to express their will by accepting these Terms, as well as providing personal data and banking information on the Site or in the different applications of the licensors, without having to print the signature on any document.

‍

Acceptance of the Terms. The User acknowledges that, by entering and using the Site, they express their express acceptance and acceptance of these Terms and Conditions of Use, in the version published at the time the Site is accessed, in terms of what is established by articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89, 93 and other related and applicable laws of the Commercial Code and the applicable legislation for the Mexican Republic. It is the sole and exclusive responsibility of the User to read these Terms and Conditions of Use and their corresponding modifications beforehand, each time they access the Site, so if at any time, the User does not fully or partially agree with these Terms, they must immediately refrain from accessing the Site and its Content and using the Services. Therefore, with the acceptance of these Terms and Conditions of Use, the User expressly consents to be bound by them, and so they declare that they have read the content of each and every one of the provisions and ratify their content.

‍

Total Agreement. The User acknowledges and accepts that LEONA made available to them all the information necessary to understand the scope and characteristics of the Site and Services. In the same way, you state that, prior to accessing the Site, you analyzed its characteristics and, therefore, you agree with them.

‍

If you have any complaints, clarifications, requests for resolution of any claim or controversy, you must communicate them to LEONA by email at hola@leona.health.