Terms and Conditions for Platform Use and Service Provision
Last modified on January 8, 2025
VIDICRON SA DE CV ("Brainxinstitute") provides financial education services ("Services") through a digital platform ("Platform") accessible at https://brainxinstitute.ai. These Terms and Conditions establish the rules governing the provision of Services and use of the Platform. Any individual using the Platform ("User") accepts these Terms and Conditions, and in the event of disagreement with these provisions, such individual shall refrain from using the Platform.
1. Account
(a) The User may access the Platform without any prerequisites through the website https://brainxinstitute.ai; however, if the User wishes to contract Services or receive information about the Services, such actions may only be performed through a profile that enables identification ("Account"). Any User wishing to create an Account must be a natural person with the legal capacity to enter into contracts independently.
(b) To create an Account, the User shall provide certain personal data that will be collected through the Platform. Upon provision of the personal data, Brainxinstitute shall assign an Account to the User, and the User shall specify a unique pseudonym ("Username") and a confidential security key ("Password"). Brainxinstitute reserves the right to terminate any Account whose Username may be deemed offensive.
(c) The Account shall be personal and non-transferable, and accordingly, the User may not possess more than one Account, nor permit the use of their Account by third parties. The User agrees to maintain the confidentiality of their Password and report any unauthorized third-party access to the Account. Brainxinstitute shall have the right to terminate at any time any Account that is used by third parties other than the User. To report unauthorized use of an Account, the User may send an email to contact@brainxinstitute.ai.
(d) Pursuant to these Terms and Conditions, Brainxinstitute may unilaterally determine the period of time for which an Account shall remain active. Brainxinstitute reserves the right to terminate any Account that remains inactive for an extended period. The User acknowledges that Brainxinstitute shall not be liable under any circumstances for the termination of an Account.
2. 2. Personal Data
(a) By using the Site, the User agrees that their personal data shall be processed in accordance with the privacy notice available at https://brainxinstitute.ai/privacy-notice. When the User wishes to create an Account, certain additional data may be collected which, in specific contexts, may be considered sensitive personal data. In such cases, Brainxinstitute shall obtain the User's express consent for the processing of their data in accordance with the privacy notice.
(b) The personal data provided by the User when creating and using the Account must be true and accurate, and in the event of any changes, such data must be updated as promptly as possible. The User acknowledges that they shall be solely responsible for the truthfulness and accuracy of their personal data. Brainxinstitute shall have the right to request additional documentation and/or information for the purpose of verifying the personal data provided by the User. In the event that the User fails to demonstrate the truthfulness or accuracy of the stated personal data, Brainxinstitute may, in its sole discretion, temporarily or permanently terminate the Account.
3. Services
3.1. General Description of Services
The Services shall be provided through the Platform in the form of business and technology education courses and certification programs, which shall be exclusively for personal use. The courses and certification programs offered shall be specified on the Platform with at least the following information:
I. The "Price" of the courses and certification programs expressed in U.S. dollars, inclusive of Value Added Tax. At any time prior to the completion of the Services contract (as specified in section 3.2), Brainxinstitute may modify the Price unilaterally and at its discretion.
II. The "Payment Plan" which shall specify the term and manner in which the User must make payment of the Price to Brainxinstitute as established on the Platform, including but not limited to, lump sum payment or deferred payment in monthly installments. At any time prior to the completion of the Services contract (as specified in section 3.2), Brainxinstitute may modify any Payment Plan unilaterally and at its discretion.
III. A description containing the essential characteristics of the courses or certification programs, including but not limited to, duration, activities, content, and required programs.
3.2. Contracting and Payment for Services
(a) To contract the Services, the User shall select and accept a Payment Plan from those available on the Platform for each course or certification program. The User agrees to pay the Price of the Services in accordance with the selected Payment Plan, which may be done using a credit or debit card, payment transfer, or any other mechanism provided on the Platform. The Price of the Services shall correspond to that which is in effect at the time of processing the Payment Plan.
(b) Brainxinstitute shall process the Payment Plan selected by the User based on various authentication mechanisms. For this purpose, Brainxinstitute may collect financial or patrimonial data related to payment methods (credit or debit card). The User warrants the accuracy of the shared data and that they possess the necessary powers, rights, and authorizations to use them. The User shall be solely responsible for the lawfulness of the financial and patrimonial data provided for payment of the Price. When the Payment Plan involves deferred Price payments in monthly installments, the User undertakes to rectify the financial and patrimonial data provided to Brainxinstitute in the event such data changes or is no longer valid for the payment of said installments. The contracting of Services shall be deemed completed once the selected Payment Plan has been duly processed and authorized according to Brainxinstitute's systems.
(c) The User authorizes Brainxinstitute to charge the Price to the credit or debit card provided for payment. The payment obligation shall be irrevocable, and there shall be no refunds of amounts paid. In any Payment Plan deferred in monthly installments, the payment obligations incurred shall not be extinguished, even if the Account is cancelled, the contracted courses and certification programs are no longer available, or have been partially utilized. In the event that payment of a monthly installment is not made, Brainxinstitute shall have the right to suspend the use of the Account either temporarily or permanently, as well as to demand immediate payment through judicial or extrajudicial means.
3.3. Invoicing
The User may request an invoice equivalent to the price of the contracted Services within a maximum period of 15 (fifteen) days following the payment of the Services. To do so, the User must complete a form with their tax information that will be made available through the Portal. Once the request is made, the corresponding invoice shall be sent to the email address used for creating the Account within a maximum period of 30 calendar days. It is important to note that invoicing shall only be performed within Mexico in accordance with Mexican tax legislation.
3.4. Provision of Services
(a) Once the Payment Plan has been processed, Brainxinstitute shall make available to the User the materials corresponding to the contracted course or certification program, including but not limited to readings, audiovisual content, activities, and other materials ("Content"). The courses or certification programs may be completed according to a schedule that shall be part of the Content, or within a timeframe that the User deems appropriate, provided that such timeframe does not exceed one year from the date the Content was made available. The completion of the course or certification program shall depend on the completion of all activities that comprise the program within the maximum one-year period mentioned above; in this case, Brainxinstitute shall issue a certificate evidencing the completion of the course or certification program.
(b) Brainxinstitute shall not be obligated to provide the Service, nor to maintain the Content or Platform for any specific period. Furthermore, Brainxinstitute reserves the right to discontinue or suspend the Content or Platform at any time, temporarily or permanently, without prior notice. The User acknowledges that Brainxinstitute shall not be liable for the discontinuation or suspension of the Content or Platform.
3.6. Posts
(a) The User may share certain information on the Platform, whether verbally, in writing, or through images, photographs, videos, graphics, among others, for the purpose of completing activities corresponding to the course or certification program curricula ("Posts"). To do so, the User must: I) possess the necessary powers, rights, authorizations, licenses, or permits, whether governmental or private, to disseminate the content of the Posts; II) avoid the violation of any intellectual property rights; and III) ensure compliance with any legal or regulatory provisions applicable to the content shared through the Posts. The User shall be solely responsible for the content of the Posts.
(b) The content of the Posts must be limited to fulfilling the purposes established in these Terms and Conditions. Accordingly, Posts: I) may not have any commercial purpose, including but not limited to, the dissemination of unsolicited advertising; II) must not contain personal data, viruses, malware, or any other files that could damage or put at risk the information or equipment of third parties and/or Brainxinstitute; and III) must avoid being offensive, insulting or aggressive toward third parties, as well as addressing any topics related to weapons, incitement to commit crimes, narcotics, prohibited substances, prostitution, pornography, sexual services, hatred, violence, discrimination, torture, or any other topic similar to the foregoing. Brainxinstitute reserves the right to remove Posts that violate any of the provisions set forth in this section.
3.7. Licenses
(a) Brainxinstitute grants the User a limited, non-exclusive, non-transferable, temporary, and revocable license to use the Platform and Content solely for the purposes specified in these Terms and Conditions. Except for the rights expressly established in these Terms and Conditions, the User shall be prohibited from copying, reproducing, licensing, publishing, sublicensing, assigning, duplicating, leasing, distributing, selling, reselling, transferring, exploiting (or any similar conduct with commercial purposes) the Platform and Content. Regardless of the completion of the course or certification program, the Content shall be available for a maximum period of one year from the date the Content was made available. The Platform license shall remain in effect for the same period as these Terms and Conditions. Brainxinstitute may, at any time, revoke at its discretion the license granted under this section.
(b) Furthermore, the User grants Brainxinstitute a free, irrevocable, non-exclusive, worldwide, and perpetual license to use, publish, reproduce and/or adapt the Posts for use across all sites, applications, social networks and/or any mass and non-mass communication media, including but not limited to, platforms and any other digital or physical medium that Brainxinstitute deems appropriate or with other platforms or websites with which Brainxinstitute has formed an alliance, to identify offers, classify products, create catalogs, and conduct advertising and marketing activities. The license granted under this section includes the right of association with other third-party trademarks and/or trade names, as well as the right to sublicense their use to third parties, including but not limited to, rights to use, publish, reproduce and adapt images, texts, photographs, advertising phrases, logos, brand designs and information. The User shall be solely responsible for any infringement of third-party rights arising from the use of the Posts.
3.8. Use Limitations
The User shall not use the Platform to: I) violate the privacy of third parties, II) interfere with the provision of Services or the Platform, III) violate any applicable regulations or legislation; IV) advertise goods or services and V) promote criminal activity. Brainxinstitute reserves the right to terminate any Account that is used contrary to any of the foregoing limitations.
4. Intellectual Property
The User acknowledges that, regardless of whether they are registered or not, Brainxinstitute is the owner of and/or holds the necessary rights to use and exploit the Platform, as well as the images, photographs, videos, trademarks, logos, designs, drawings, text, graphics, sounds, music, software, patents, design rights, trade secrets and other similar rights that comprise the Content ("IP Materials"). Brainxinstitute may, at any time, make any type of modification, alteration, change, edition or mutilation to the IP Materials, with no limitations other than those established by applicable law. The User agrees that they shall have no rights to the IP Materials, nor may they use the IP Materials for purposes other than those established in these Terms and Conditions, without the prior written consent of Brainxinstitute, including but not limited to, copying, reproducing, licensing, assigning, publishing, sublicensing, duplicating, leasing, distributing, selling, reselling, transferring, or exploiting the IP Materials. The User waives any right to pursue legal action or file any claim contesting ownership of such IP Materials. The User shall not: I) alter, whether directly or indirectly, reverse engineer, decompile, disassemble, attempt to establish the source code or underlying ideas or algorithms of the Platform or Content; and II) modify, copy, translate or create derivative works based on the Platform or Content.
5. Indemnification
The User is responsible for indemnifying and holding Brainxinstitute harmless from any claim, demand, damage (whether direct, indirect, consequential, or of any kind), loss, or harm caused by the use of the Platform or Content, Posts, violations of these Terms and Conditions, or the violation of third-party rights. Such indemnification shall include, without limitation, reasonable attorneys' fees incurred by Brainxinstitute for its defense, expenses, and court costs.
6. No Warranties
(a) In connection with the provision of Services, Brainxinstitute only makes available to the User the Platform and Content; however, it makes no implied or explicit warranty regarding merchantability, fitness for a particular purpose, condition, or integrity that might be obtained from these. Brainxinstitute makes no warranty that the Services: I) will meet the User's requirements; II) will be uninterrupted, secure, and error-free; III) will produce certain and specific results; and IV) will have a quality expected by the User.
(b) Brainxinstitute does not guarantee continuous access to the Platform, as it may occasionally be unavailable due to technical difficulties or internet failures, or due to any other circumstances beyond Brainxinstitute's control. In such cases, Brainxinstitute shall endeavor to restore it as quickly as possible. The User must report any Platform failure via email to the following address: https://brainxinstitute.ai.
(c) The Platform may contain links to third-party websites over which it has no control. The presence of links to other websites does not imply any partnership, approval, or endorsement by Brainxinstitute of such sites and their contents. The User releases Brainxinstitute from any liability related to the contents, materials, actions, or services provided by links to third-party websites, as well as from damages or losses caused by their use, whether direct, indirect, consequential, or of any other kind.
7. Limitation of Liability
(a) The User acknowledges that in no event shall Brainxinstitute be liable for damages, injuries, or losses that the User may have suffered, even if warned of the possibility of causing them, when these arise from: I) the provision, failures, or performance of the Services, II) any costs related to or arising from the provision of Services, III) unauthorized access or alteration of data by the User; IV) conduct or statements of third parties; or V) any other matter related to the provision of Services. The User agrees that Brainxinstitute's liability shall in no case exceed the price that the User is obligated to pay for the Service contracted, or in the case of having contracted several Services, the one with the highest price, nor shall it be liable for indirect, consequential, incidental damages or those related to any other theory of liability.
(b) Brainxinstitute shall also not be liable for any virus that may infect the User's equipment as a result of accessing or using the Platform or as a result of any transfer of data, files, images, texts, or audio contained therein. The User agrees that Brainxinstitute shall not be liable under any circumstances for interactions they may have with other Users.
8. Modification of Terms and Conditions
(a) Brainxinstitute may modify these Terms and Conditions at any time. Any modification made shall be published on this site (https://brainxinstitute.ai/terms-and-conditions) and the latest modification date shall be indicated in the header. Any modification shall take effect with respect to the User within 15 (fifteen) calendar days after Brainxinstitute publishes the corresponding modifications, unless such modifications are made for legal reasons or by order of an authority, in which case, the modifications shall take effect immediately. Use of the Platform and Services after the modifications have taken effect shall imply the User's consent to the new provisions of these Terms and Conditions.
(b) Additionally, the User may express their consent at the time of creating an Account to receive notifications of any modification made to these Terms and Conditions. In such case, Brainxinstitute shall send a notification to the User for the purpose of informing them about the modifications made either through the email address provided at the time of creating the Account or through the Platform interface.
9. Termination
In accordance with these Terms and Conditions, Brainxinstitute may terminate the legal relationship with the User without cause, at its discretion, with immediate effect and without the need for prior judicial declaration through a notification that complies with the provisions of section 17. Furthermore, the User agrees that Brainxinstitute may cancel or suspend their Account temporarily or permanently, in the event of: I) violations of any law or these Terms and Conditions; II) failure to cooperate with Brainxinstitute in case of legal or governmental authority requirements; III) the User requesting termination of these Terms and Conditions; IV) willful or fraudulent acts; and V) extended periods of inactivity. In the event of Account cancellation, all Content to which the User had access shall be cancelled.
10. No Association
The User agrees that this Agreement does not constitute a legal mandate, power of attorney, or any relationship that grants additional powers beyond those specifically granted expressly in these Terms and Conditions. The User acknowledges that they may not execute any act on behalf of Brainxinstitute, nor carry out any other activity that is not specified in these Terms and Conditions.
11. Term
These Terms and Conditions shall have an indefinite term beginning from when the User starts using the Platform.
12. Act of God or Force Majeure
Neither party shall be liable for any breach when it is directly caused by an act of God or force majeure. In such event, the party that breaches must notify the other party within 10 (ten) business days following the act of God or force majeure event, or as soon as possible, to reschedule the dates for the provision of Services that remained incomplete or were not provided.
13. Assignment
The User may not assign or transfer in any way the rights and obligations of this Agreement without the prior written authorization of Brainxinstitute. The User's consent shall not be necessary in the event that Brainxinstitute carries out such assignment or transfer. Any assignment or transfer of rights and/or obligations made in contravention of the provisions in this section shall be null and void and shall have no legal or contractual effect.
14. Jurisdiction and Governing Law
The interpretation, compliance with the content, and scope of these Terms and Conditions shall be governed by the provisions of the federal laws of the United Mexican States. Any conflict, claim, action, or proceeding arising from or relating to these Terms and Conditions shall be resolved in the exclusive jurisdiction of the Federal courts of Mexico located in Mexico City. The User waives any other jurisdiction that may correspond to them by reason of their domicile or for any other cause.
15. Headings
The section headings of these Terms and Conditions are included solely for ease of handling and do not define or limit their content. For purposes of interpretation of each section, attention shall be given exclusively to its content and in no way to its heading.
16. Entire Agreement
The User acknowledges that these Terms and Conditions contain the complete and sole agreement between the parties, and as such, supersede any other verbal or written agreement that they may have entered into previously.
17. Notices
Any notice to the User in accordance with these Terms and Conditions shall be in writing and shall be made via email directed to the address provided for the creation of the Account. Any notice to Brainxinstitute related to these Terms and Conditions shall be made in writing at the following address: Avenida SecretarÃa de Marina 538, Office A, Colonia Lomas del Chamizal, Cuajimalpa de Morelos, Mexico City, ZIP Code 05129.