Terms of Service

1. Description of service

Aparece (aparece.mx), operated by Eder Alan Martínez Márquez, individual with business activity (persona física con actividad empresarial), tax ID (RFC) MAMX910203NW7, domiciled at Cerrada San Cristóbal #1, Colonia Lázaro Cárdenas, C.P. 62780, Zacatepec, Morelos, Mexico, is a full-stack digital platform designed for local businesses in Mexico. By subscribing to any of our plans or using our platform, you ("the Client") agree to these Terms of Service in their entirety.

Our service includes, depending on the plan: website design and publishing, hosting, maintenance, content updates, search engine optimization (SEO), and custom domain registration.

2. Plans and pricing

Aparece offers the following plans:

Prices are in Mexican Pesos (MXN) and include VAT (IVA). Aparece reserves the right to modify prices with 30 days' prior notice. The prices in effect at the time of subscription or renewal will apply for that period.

3. Free trial

Aparece offers a 30-day free trial of the Arranca plan. During the trial:

• No credit card or payment information is required to start the trial.
• You will have access to all Arranca plan features.
• At the end of 30 days, the service will be automatically suspended if you do not activate a paid plan.
• No automatic charges are made when the trial ends. You decide whether to continue.

The free trial is available once per business.

4. Billing and payments

Subscription plans are billed monthly. We accept the following payment methods:

• Mercado Pago: Credit card, debit card, cash payment at OXXO convenience stores
• Bank transfer: SPEI transfer to the account provided at the time of subscription

The billing cycle begins on the day the paid plan is activated. If payment is not received within 5 days of the due date, Aparece may suspend the service until the payment is settled.

5. Cancellation and refunds

Subscription cancellation

• Subscription plans are month-to-month. You may cancel at any time without penalty.
• Cancellation takes effect at the end of the current paid monthly period. You will continue to have access to the service until that period ends.
• To cancel, send your request to hello@aparece.mx or via WhatsApp.

Refunds

• No prorated refunds are given for unused days within a paid monthly period.
• In the event of duplicate charges or billing errors, Aparece will process the corresponding refund within 10 business days.

6. Intellectual property

Aparece's property

The design, source code, templates, structure, graphic elements, and all technical assets created by Aparece are the exclusive intellectual property of Aparece, regardless of the plan contracted. No plan grants the Client ownership of, or rights to, the source code or any underlying technology. The Aparece brand, logo, and technology platform are the exclusive property of Aparece.

Client's property

All content provided by the Client (text, photographs, logos, business information) is and remains the property of the Client. Aparece does not acquire any ownership rights over the Client's content.

License of use

By providing content, the Client grants Aparece a non-exclusive license to use said content for the purpose of creating and maintaining their website. This license will expire upon termination of the contractual relationship.

Upon service cancellation

In the event of cancellation or termination of service, the website will no longer be available. The Client may request a copy of all content they provided (text, images, logos), but shall have no right to receive the source code, templates, or any technical assets developed by Aparece.

7. User content

The Client is solely responsible for the accuracy, legality, and appropriateness of all content provided for their website, including:

• Business descriptions, product and service information
• Photographs and images
• Prices, hours, and contact information
• Logos and brand materials

The Client represents and warrants that they hold the necessary rights to all content provided and that such content does not infringe on third-party rights. Aparece is not liable for claims arising from content provided by the Client.

8. Acceptable use and platform role

Aparece as a technology platform

Aparece is a technology platform that provides digitalization tools to local businesses. Aparece is not a marketplace, does not sell products, and does not provide services to end consumers. Transactions made through the ordering system, digital catalog, or loyalty program are exclusively between the business and its customers. Aparece is not a party to, nor an intermediary in, such transactions.

Prohibited conduct

The Client agrees to use Aparece's service only for lawful purposes. The following uses are strictly prohibited:

• Publishing illegal, fraudulent, defamatory, or violence-inciting content
• Selling or promoting illegal products or services
• Distributing content that infringes on third-party intellectual property rights
• Distributing malware, spam, or any type of malicious software
• Impersonating individuals or businesses
• Accepting orders with the intent of not fulfilling them or charging for products or services not delivered
• Displaying misleading prices or charging amounts different from those shown in the catalog
• Using payment processing for fraudulent activities or money laundering
• Creating fraudulent loyalty programs or offering rewards without intent to fulfill them
• Any activity that violates applicable laws in Mexico

Business responsibility

The Client is solely responsible for operating their business, including product quality, order fulfillment, deliveries, customer service, and compliance with applicable Mexican laws (health, tax, and consumer protection regulations).

Enforcement and abuse reports

Aparece reserves the right to immediately suspend or cancel, without prior notice, any account that violates these policies, with no obligation to refund. Anyone can report a business that violates this policy at reportar@aparece.mx.

For full details, see our complete Acceptable Use Policy.

9. Domain and hosting

Free subdomain

All plans include a subdomain under aparece.mx (e.g., yourbusiness.aparece.mx). This subdomain is the property of Aparece and cannot be transferred.

Hosting

Aparece provides web hosting as part of all plans. Hosting will remain active as long as the subscription is current.

10. Service availability

Aparece strives to maintain 99.9% hosting uptime. However, we do not guarantee uninterrupted availability. Interruptions may occur due to:

• Scheduled maintenance (with at least 24 hours' prior notice)
• Force majeure events
• Issues with infrastructure providers

11. Limitation of liability

Aparece does not guarantee specific results in search engine rankings, sales increases, traffic, or any other business metric. The service is provided "as is" with the best available technical standards.

To the maximum extent permitted by law:

• Aparece's total liability shall not exceed the amount paid by the Client in the last 3 months of service.
• Aparece shall not be liable for indirect, incidental, special, or consequential damages.
• Aparece is not responsible for losses arising from service suspension due to non-payment.

12. Governing law

These Terms of Service are governed by and construed in accordance with the laws of the United Mexican States (Mexico).

13. Dispute resolution

In the event of a dispute arising from these Terms, the parties agree to:

1. Direct negotiation: First, attempt to resolve the dispute in good faith through direct communication.
2. Mediation: If unresolved within 30 days, the parties may resort to mediation.
3. Jurisdiction: Ultimately, any dispute shall be submitted to the competent courts in Mexico City, with both parties waiving any other jurisdiction that may apply based on their present or future domicile.

14. Modifications to these terms

Aparece reserves the right to modify these Terms of Service at any time. Changes will be published on this page at aparece.mx/en/terms-of-service.

For substantial changes affecting the Client's rights or obligations, we will provide at least 30 days' notice via email or WhatsApp. If the Client does not agree with the modifications, they may cancel their subscription without penalty.

Continued use of the service after the modifications take effect constitutes acceptance of the new terms.

15. Contact

For any questions or comments about these Terms of Service:

• Email: hello@aparece.mx
• WhatsApp: +52 1 565 997 2153