clearway.com.mx Terms and Conditions - General Conditions of Use and Service

Welcome to clearway.com.mx. These Terms and Conditions govern the access and use of our services, technological platforms, logistics solutions, international trade, international consulting, multi-brand point-of-sale terminal implementation, banking integration, and eCommerce.

The use of any of our services implies full acceptance of these Terms.

1. Acceptance of Terms

By using our services, contracting international trade operations, accessing our platforms, or using point-of-sale terminals or banking integration solutions, you ("the User" or "the Client") expressly accept these Terms and Conditions.

If you do not agree, you must refrain from using the services.

2. Purpose

The Company offers professional services in the areas of:

• National and international logistics and transportation.
• Foreign trade operations and procedures.
• International consulting and market analysis.
• Multi-brand point-of-sale terminal implementation (POS).
• Banking integration, payment processing solutions, and reconciliation.
• eCommerce services and platforms.
• Management and support in related technological operations.

The specific scope of each service will be detailed in the quotation, service order, proposal, or individual contract signed by the Client.

3. Client Obligations

The Client is obligated to:

1. Provide real, complete, and verifiable information for the proper provision of services.
2. Deliver customs, tax, technical, or commercial documentation in a timely manner.
3. Comply with government regulations applicable to their operations (customs, tax, banking, sanitary, commercial, etc.).
4. Pay promptly for contracted services within established deadlines.
5. Use platforms, POS terminals, and technological tools responsibly and in accordance with current regulations.
6. Ensure that they possess legal rights over goods, products, funds, and data with which they operate.

Any non-compliance that affects the operation will be the sole responsibility of the Client.

4. Company Obligations

The Company commits to:

• Provide services with professionalism, care, and in accordance with applicable standards.
• Implement best security practices in banking integrations and POS systems.
• Maintain confidentiality of received information.
• Inform the Client about additional requirements necessary for the operation.
• Comply with applicable laws and regulations within its scope of action.

5. Limitation of Liability

1. The Company will not be responsible for losses, damages, or delays arising from:
   • Causes beyond the Company's control,
   • Client non-compliance,
   • Third-party failures (carriers, authorities, banks, payment gateways, etc.),
   • Fortuitous events or force majeure.
2. In banking integrations and POS solutions:
   • The Company assumes no responsibility for failures of banks, issuers, acquirers, payment networks, or third parties involved in transaction processing.
   • The Client is responsible for the final configuration of their own systems, equipment, and connections.
3. In foreign trade and logistics:
   • The Company does not guarantee estimated delivery times, as they depend on customs authorities, transportation conditions, inspections, weather, etc.
   • Maximum liability for any claim will be limited, in all cases, to the amount actually paid by the Client for the specific service.
4. In eCommerce and technological solutions:
   • The Company does not guarantee continuous availability of platforms, integrations, or third-party systems.
   • It is not responsible for losses resulting from cyberattacks, external outages, or failures of global infrastructure (AWS, Google Cloud, banking networks, etc.).

6. Intellectual Property

• All content, software, documentation, integrations, designs, methodologies, trademarks, and processes used by the Company are the exclusive property of the Company or its licensors.
• The Client receives only a limited, non-exclusive, and revocable license to use provided tools.
• Copying, distribution, or reverse engineering is prohibited without written authorization.

7. Use of Point-of-Sale Terminals and Banking Integrations

The Client accepts that:

• Terminals and POS solutions may require bank activation, verification processes, and regulatory compliance.
• Transactions are subject to review and may be held or rejected by banks or acquirers without liability for the Company.
• The Client is responsible for:
  • Safeguarding sensitive data,
  • Proper operation of the device,
  • Protection of passwords and keys.

8. Confidentiality

Both parties are obligated to maintain confidential any technical, commercial, operational, or financial information exchanged.

The Company will not share Client data except:

• With express authorization,
• When necessary for service provision, or
• When required by a competent authority.

9. Prices, Billing, and Payments

• Prices will be those established in quotations or service orders.
• All payments must be made under the specified conditions and dates.
• Failure to pay may result in immediate suspension of services without liability for the Company.
• Applicable taxes will be covered by the Client.

10. Suspension and Termination of Services

The Company may suspend or terminate services when:

• The Client fails to fulfill payment obligations.
• Documentary inconsistencies or regulatory risks exist.
• Misuse of platforms, POS, or banking integrations is detected.
• There are indications of fraud, suspicious activity, or violation of legal regulations.

In such cases, the Company will have no liability for damages or losses arising from suspension or termination.

11. Regulatory Compliance

The Client agrees to comply with:

• Foreign trade and customs laws,
• Tax laws,
• Banking and anti-money laundering regulations (AML / KYC),
• Data protection and privacy regulations (including the corresponding Policy).

The Company may request additional information to verify compliance.

12. Modifications

The Company may update these Terms and Conditions at any time. Changes will be published on the website or communicated to the Client. Continued use of the services constitutes acceptance of the changes.

13. Applicable Law and Jurisdiction

These Terms shall be interpreted in accordance with the laws of the United Mexican States. Any controversy shall be submitted to the competent courts of Mexico City, expressly waiving any other jurisdiction that may correspond.

14. Contact

For any inquiries regarding these Terms and Conditions: