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1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the BackStaff human orchestration platform, including any associated software, applications, websites, and services (collectively, the “Service”), provided by IPG Incremento de Productividad Global S.A. de S.V. , a Mexican corporation with its principal place of business at Amores 109, Benito Juárez, CDMX, CP 03103 (“BackStaff,” “we,” “our,” or “us“).
The Service is offered to the company or legal entity (“Customer” or “you“) that has entered into a separate agreement (e.g., a Subscription Agreement or Order Form) with BackStaff. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at Privacy Policy), which is incorporated herein by reference. If you are accepting these Terms on behalf of a Customer, you represent and warrant that you have the authority to bind that Customer to these Terms. If you do not agree to these Terms, you may not use the Service.
2. The BackStaff Service
2.1 Description of Service
The BackStaff Service is a cloud-based process surveillance and human orchestration platform designed to help manufacturing teams eliminate process deviations. As described on our website, key features include:
- Push Notifications: Real-time alerts sent to designated groups the moment a process deviation event occurs.
- Real-Time Dashboards: Dynamic visual displays of process data, rendered from emails or other data inputs.
- Issue Tracking & Digital Audit Trails: A searchable, categorized repository of deviation history with full logs for regulatory compliance and analysis.
2.2 Modifications to Service
We are constantly innovating the Service to provide the best possible experience. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will use commercially reasonable efforts to notify you of any material changes that may adversely affect your use of the Service.
2.3 Third-Party Services
Your use of the Service may involve third-party software, websites, or services (“Third-Party Services”) that are not owned or controlled by BackStaff. BackStaff has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You expressly acknowledge and agree that BackStaff shall not be liable for any damages, claims, or other liability arising from or related to your use of any Third-Party Services.
3. Use of the Service and Account Responsibilities
3.1 Access and License
Subject to your compliance with these Terms and payment of all applicable fees (if any), BackStaff hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription term, solely for your internal business purposes related to your industrial processes.
3.2 Account Registration and Security
- Account Credentials: You are responsible for maintaining the confidentiality of your account credentials, including usernames, passwords, and any unique tokens (such as the “Email Token”) provided by BackStaff. You are solely responsible for all activities that occur under your account.
- Prohibition on Sharing: You shall not share your account credentials with any unauthorized person. You are prohibited from sharing, forwarding, or disclosing unique session authentication tokens.
- Legal Acknowledgement: You acknowledge that actions performed using your credentials may have legal effect and be attributed to you or the Customer. You must notify BackStaff immediately of any known or suspected unauthorized use of your account.
- Customer Responsibility: If you are an Authorized User (as defined below), the Customer who has contracted for the Service is responsible for managing your account, setting permissions, and for your compliance with these Terms.
3.3 User Obligations and Acceptable Use Policy.
You agree not to, and not to permit others to (i) Use the Service in any manner that violates any applicable local, state, national, or international law, (ii) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service, (iii) Use any automated system, including “robots,” “spiders,” “offline readers,” or load testing tools, to access the Service in a manner that sends more requests to our servers than a human could reasonably produce, or for any purpose other than interacting with the Service as intended, (iv) Use the Service to transmit any material that is infringing, harassing, defamatory, obscene, or otherwise harmful or objectionable, (v) Interfere with or disrupt the integrity or performance of the Service or the data contained therein, (vi) Attempt to gain unauthorized access to the Service or its related systems or networks, (vii) Use the Service to store or transmit any “protected health information” (as defined under HIPAA) unless you have entered into a separate Business Associate Agreement with BackStaff.
3.4 Suspension and Termination
BackStaff reserves the right to suspend or terminate your access to the Service immediately without notice if we reasonably believe you have violated these Terms. BackStaff may also terminate a user’s or Customer’s access for any or no reason, upon notice.
4. Customer Data
4.1 Definition. ”Customer Data”
Means any data, information, or other materials, including process data, deviation logs, messages, photos, files, and dashboard configurations, that is submitted, posted, or transmitted to or through the Service by you or on your behalf.
4.2 Ownership of Customer Data
As between you and BackStaff, you retain all right, title, and interest in and to your Customer Data. These Terms do not grant us any ownership rights to Customer Data.
4.3 License to Host and Display
You grant BackStaff a worldwide, royalty-free, non-exclusive license to host, use, reproduce, display, perform, and transmit your Customer Data solely as necessary for us to provide, maintain, and improve the Service to you. This license includes the right to format and display your Customer Data within the dashboards and notifications as a core function of the Service. You also grant each Authorized User within your organization the right to access your Customer Data as permitted by your account’s permission settings.
4.4 Representations and Warranties
You represent and warrant that: (i) you own all Customer Data or have all necessary licenses, rights, consents, and permissions to authorize BackStaff to use it as contemplated by these Terms and the Service; and (ii) the Customer Data, and its use by BackStaff as contemplated herein, does not and will not violate any applicable law or infringe any third-party right, including intellectual property and privacy rights.
5. Intellectual Property Rights
5.1 BackStaff IP
The Service, including its software, algorithms, interfaces, “look and feel,” and any BackStaff-provided content, text, graphics, and trademarks (“BackStaff IP”), is the exclusive property of BackStaff or its licensors. BackStaff IP is protected by intellectual property laws. You may not use any BackStaff IP without our prior written consent. BackStaff reserves all rights not expressly granted in these Terms.
5.2 Feedback
If you provide BackStaff with any suggestions, comments, or other feedback regarding the Service (“Feedback”), you hereby assign all right, title, and interest in and to such Feedback to BackStaff. BackStaff may use any Feedback for any purpose without restriction or obligation to you.
6. Fees and Payment (if applicable)
If your use of the Service is subject to subscription fees, payment terms will be set forth in a separate Order Form or agreement. All fees are non-refundable except as required by law or as expressly stated in such Order Form.
7. Confidentiality
Each party may have access to confidential information of the other party (“Confidential Information”). Confidential Information shall be maintained in confidence and shall not be disclosed to any third party without the other party’s prior written consent, except as required by law. Each party shall use Confidential Information solely to exercise its rights and perform its obligations under these Terms. This section does not apply to Customer Data, which is governed by Section 4.
8. Warranties and Disclaimers
8.1 Limited Warranty
BackStaff warrants that the Service will perform in all material respects with the functionality described in our official product documentation. Our sole liability, and your exclusive remedy, for any breach of this warranty will be for BackStaff to use commercially reasonable efforts to correct the non-conformity or, if BackStaff is unable to do so, to terminate the applicable subscription and provide a pro-rata refund of pre-paid fees.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BACKSTAFF AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BACKSTAFF DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. BACKSTAFF IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
8.3 Regulatory Compliance
You acknowledge that the Service may be used in regulated environments. BackStaff does not warrant that your specific use of the Service will comply with all applicable laws and regulations, such as FDA or COFEPRIS requirements. It is your responsibility to implement, validate, and maintain the Service in compliance with applicable regulations based on your specific processes and needs.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKSTAFF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF BACKSTAFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BACKSTAFF’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO BACKSTAFF DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
10. Indemnification
You agree to defend, indemnify, and hold harmless BackStaff, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or other right; or (iv) any claim that your Customer Data caused damage to a third party. This defense and indemnification obligation will survive these Terms.
11. Term and Termination
11.1 Term
These Terms commence on the date you first accept them and continue until your subscription to the Service expires or is terminated.
11.2 Termination for Cause
Either party may terminate these Terms (i) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
11.3 Effect of Termination
Upon termination, your right to access the Service will cease immediately. BackStaff will, upon request, provide you with a reasonable opportunity to export your Customer Data in a standard format, subject to any applicable time limitations. After a reasonable period, BackStaff may delete your Customer Data from its systems.
12. General Provisions
12.1 Governing Law and Venue
These Terms shall be governed by the laws of Estados Unidos Mexicanos, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Mexico City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.2 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between you and BackStaff regarding the use of the Service.
12.3 Changes to Terms
BackStaff reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through the Service. Your continued use of the Service following such notice constitutes your acceptance of the revised Terms.
12.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.5 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
12.6 Assignment
You may not assign these Terms without BackStaff’s prior written consent. BackStaff may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
12.7 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever.
12.8 Statute of Limitations
YOU AND BACKSTAFF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Aviso de Privacidad
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This Privacy Notice explains how IPG Incremento de Productividad Global S.A. de S.V. (“BackStaff,” “we,” “us,” or “our”) collects, uses, and discloses information about you when you access or use our website, software, and services (collectively, the “Service”). This Notice is incorporated into and forms part of our Terms of Service.
Information We Collect
- Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an account, fill out a form, or communicate with us. The types of information we may collect include your name, email address, mobile phone number, job title, and company name. You may also provide us with photos, files, and other data as part of your use of the Service’s features.
- Information Collected Automatically. When you access or use the Service, we may automatically collect information about you, including:
- Log Information: We log information about your use of the Service, including your access times and pages viewed.
- Device Information: We may collect information about the mobile device you use to access the Service, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
- Usage Information: We collect information about your activity on the Service, such as the time and date of notifications sent and received, and interactions with dashboards and issues.
- Cookies and Similar Technologies: We may use cookies, web beacons, and other tracking technologies to collect information about you. Most web browsers are set to accept cookies by default. You can usually set your browser to remove or reject cookies, but this may affect the functionality of the Service.
How We Use Information
We use the information we collect to:
- Provide, maintain, and improve the Service;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions, and requests;
- Monitor and analyze trends, usage, and activities in connection with the Service;
- Detect, investigate, and prevent security incidents and other illegal or prohibited activities; and
- Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Notice:
- With other users of the Service as necessary to facilitate the core functionality of the Service (e.g., sending push notifications to designated group members, sharing dashboards).
- With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf.
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process.
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of BackStaff, our users, or the public.
- In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- With your consent or at your direction.
We do not sell or rent your personal information to third parties for their own marketing purposes.
Data Security
We take reasonable measures to help protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Data Retention
We store the information we collect about you for as long as necessary for the purposes for which we collected it, including to provide the Service, comply with legal obligations, resolve disputes, and enforce our agreements. We may delete or anonymize your information upon request, subject to applicable law.
Your Choices
You may request that we update, correct, or delete your account information by contacting your local BackStaff Administrator. The Customer who has contracted for the Service (e.g., your employer) is primarily responsible for managing your account and can assist with these requests.
Changes to this Notice
We may change this Privacy Notice from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this notice and, in some cases, we may provide you with additional notice (such as by adding a statement to our website or sending you a notification). We encourage you to review this Privacy Notice regularly to stay informed about our information practices.
Contáctanos
If you have any questions about this Privacy Notice, please contact us at: support@backstaff.net.