Terms of Service

These Terms of Service (the "Terms") constitute a legally binding agreement between you (the "User" or "Customer") and Wiger AI (the "Company," "we," or "our") governing access to and use of our ERP platform, integrations, website, and related services (collectively, the "Service"). By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Service.

"Service": the Wiger AI ERP platform, including all its features, modules, integrations, APIs, and support services. "User": any individual or legal entity that accesses or uses the Service. "Customer": the company or organization that contracts the Service through a subscription agreement. "Customer Data": all information, content, and data that the Customer enters, uploads, or generates through the Service. "ERP System": the enterprise resource planning system provided by Wiger AI. "Gmail Integration": the functionality that enables sending emails through the Google Gmail API from the ERP platform.

Wiger AI provides an ERP platform designed for manufacturing and distribution companies, which includes: — Inventory, purchasing, sales, and production management. — Customer relationship management (CRM). — Generation and sending of commercial documents (invoices, quotations, address forms) via email through Gmail integration. — Business reports and analytics. — Third-party service integrations. — Custom configuration and implementation. We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable prior notice.

To use the Service, you must create an account by providing truthful, accurate, and up-to-date information. You are responsible for: — Maintaining the confidentiality of your login credentials. — All activities that occur under your account. — Promptly notifying us of any unauthorized use of your account. — Ensuring that all authorized users under your account comply with these Terms. We reserve the right to suspend or terminate accounts that violate these Terms or exhibit suspicious activity.

You agree to use the Service only for lawful and legitimate business purposes. The following are prohibited: — Using the Service for any illegal or unauthorized activity. — Attempting to gain unauthorized access to systems, accounts, or other users' data. — Transmitting viruses, malware, or malicious code. — Reverse engineering, decompiling, or disassembling any part of the Service. — Using the Service to send unsolicited email (spam) or unauthorized mass communications. — Intentionally overloading the Service infrastructure. — Reselling, sublicensing, or redistributing the Service without written authorization.

The Customer retains all ownership rights to Customer Data. Wiger AI does not claim ownership over any data you enter into the platform. By using the Service, you grant us a limited, non-exclusive, revocable license to process, store, and display Customer Data solely for the purpose of providing and improving the Service. We commit to not using Customer Data for purposes other than those established in these Terms and our Privacy Policy.

The Service offers integration with the Google Gmail API to enable sending emails from the ERP platform. By enabling this integration: — You authorize Wiger AI to access your Gmail account with the specific scopes required (sending and verifying email delivery status). — You acknowledge that this access is subject to Google's Terms of Service and the Google API Services User Data Policy. — You may revoke this access at any time from your Google account permission settings. — Wiger AI complies with the Limited Use requirements of the Google API Services User Data Policy. Wiger AI is not responsible for interruptions to the Gmail service or changes to Google's policies that affect the availability of this integration.

By using the Service's email sending functionality: — You authorize Wiger AI to send emails from your Gmail account on your behalf and from your email address. — You are responsible for the content of emails sent through the platform. — You agree to comply with all applicable electronic communications laws, including Mexico's Federal Consumer Protection Law, the United States CAN-SPAM Act, and the European Union's General Data Protection Regulation (GDPR). — You will not use this functionality to send unsolicited mass communications or illegal content. Wiger AI is not liable for the content of emails you send through the platform or for the consequences arising from such communications.

The Wiger AI platform, including its source code, design, interfaces, logos, trademarks, and documentation, is the exclusive property of Wiger AI and is protected by applicable intellectual property laws. Your subscription to the Service grants a limited, non-exclusive, non-transferable, and revocable license to use the platform as set forth in these Terms. The Customer retains all intellectual property rights over their data, content, and materials entered into the platform.

Use of the Service is subject to payment of the subscription fees agreed upon in your service plan. — Fees are invoiced according to the agreed billing cycle (monthly or annual). — Payments are due within 15 days of the invoice date. — All prices are stated in the currency specified in your service agreement and are exclusive of applicable taxes. — Failure to pay may result in suspension of access to the Service. — Refund requests are evaluated on a case-by-case basis. Payments for service periods already used are non-refundable.

We strive to maintain Service availability of 99.5% monthly, excluding scheduled maintenance periods. — Scheduled maintenance will be notified at least 48 hours in advance when possible. — We do not guarantee uninterrupted availability and are not liable for outages caused by factors beyond our reasonable control, including natural disasters, third-party service provider failures, cyberattacks, or government actions.

To the maximum extent permitted by applicable law: — Wiger AI's total cumulative liability for any claims related to the Service shall not exceed the total amount paid by the Customer during the 12 months preceding the event giving rise to the claim. — Wiger AI shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill. — The Service is provided "as is" and "as available." We make no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

You agree to indemnify, defend, and hold harmless Wiger AI, its officers, employees, agents, and suppliers from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: — Your use of the Service in violation of these Terms. — Your violation of any law or third-party rights. — The content of emails sent through the Gmail integration. — Any dispute between you and your customers, suppliers, or other third parties.

Either party may terminate these Terms: — The Customer may cancel their subscription at any time with 30 days' prior notice. — Wiger AI may suspend or terminate access for breach of these Terms, with 15 days' prior notice to remedy the violation (except in cases of serious violations warranting immediate termination). Upon termination: — We will provide a 30-day period for you to export your Customer Data. — After the export period, we will delete your data from our active systems, subject to legal retention requirements. — Confidentiality obligations and clauses that by their nature should survive termination will remain in effect.

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. Wiger AI acts as a data processor for Customer Data under the LFPDPPP. For customers in the European Union, we act as a data processor under the GDPR. For specific data processing requirements, we can enter into an additional Data Processing Agreement (DPA) upon request.

These Terms are governed by the laws of the United Mexican States. Any disputes arising from or related to these Terms shall first be submitted to a good-faith mediation process for a period of 30 days. If mediation does not result in a resolution, the parties submit to the exclusive jurisdiction of the competent courts in Mexico City, Mexico, waiving any other venue that may correspond to them by reason of their present or future domicile.

We reserve the right to modify these Terms at any time. Changes will be notified at least 30 days in advance through: — Publication of the updated terms on our website. — Email notification to the address associated with your account. Continued use of the Service after the notice period constitutes acceptance of the modified Terms. If you do not agree with the changes, you may cancel your subscription before they take effect.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. The failure to exercise or delay in exercising any right or remedy under these Terms does not constitute a waiver of such right or remedy. A waiver of a specific breach does not constitute a waiver of subsequent breaches.

For questions or inquiries related to these Terms of Service, you can contact us: Email: privacidad@wiger.ai Wiger AI Mexico City, Mexico