TERMS AND CONDITIONS
EVOLFY S.A. DE C.V. (WEBALO)
I. COMPANY IDENTIFICATION AND PURPOSE
EVOLFY S.A. DE C.V., with address at Avenida Insurgentes Sur No. 605, Floor 8, Suite 802, Colonia Nápoles, Alcaldía Benito Juárez, C.P. 03810, Mexico City, is the entity responsible for the operation of the website webalo.com.mx (hereinafter, the "Site"), through which it markets and provides design and development services for mobile and web applications (hereinafter, the "Services").
These terms and conditions (hereinafter, the "Terms") govern access, navigation, and use of the Site, as well as the contracting of Services by any user (hereinafter, the "Client"). By accessing the Site or contracting any of the Services, the Client expressly, voluntarily, and irrevocably accepts each and every one of the terms established herein, as well as the Privacy Notice available on the Site. If the Client does not agree with any provision, they must refrain from accessing, browsing, or contracting services on the Site.
II. DESCRIPTION OF SERVICES AND AVAILABLE PACKAGES
The Services offered by WEBALO comprise a set of predetermined packages, each with specific scopes, functionalities, deliverables, and prices, available on the Site. The main packages include:
- Stack Starter: Session to define idea, objectives, and audience, with basic function schema and feasibility recommendations.
- WireWave: Sketches for 2 screens, simple navigation flow, and one round of adjustments.
- ProtoPulse: Wireframe, clickable prototype, feedback, and one correction.
- UI Orbit: Visual design for 8 screens with colors, buttons, typography, and light style guide.
- Pixel Forge: Visual design, navigable prototype, simple transitions, and two rounds of feedback.
- App Reboot: Basic user research, wireframes, visual design for 15 screens, and complete style guide.
- Motion Spark: Current app audit, redesign of key screens, optimized flow, and new prototype.
- Iconic Stack: Design of button animations, transitions, and micro-interactions.
- Proto Max: Set of icons, illustrations, and graphics ready to use in the app.
- Investor Edge: Visual prototype close to the final product, usability testing with 3–5 users, and recommendations report.
- LaunchPad: Complete screen design, interactive prototype, presentation mockups, and style guides for investors.
Additionally, WEBALO offers the possibility of contracting custom services designed to measure according to the Client's specific needs, which will be subject to a separate commercial proposal and will require express approval from both parties.
Each package includes a detailed description, number of screens, workflow, review rounds, deliverables, estimated times, and price. This information is available on the Site and may be modified by WEBALO at any time without prior notice.
III. PRICES, PAYMENT METHOD, AND TAXES
3.1 Price structure
All prices for Services and packages are expressed in Mexican pesos (MXN) and are published on the Site. The current VAT (Value Added Tax) in Mexico is 16%, which will be added to the total invoice amount that the Client must pay.
The total price to be paid will be the sum of the base package price plus the corresponding VAT (16%). WEBALO will send a clear breakdown of the base amount, VAT, and total to be paid before proceeding with the charge.
3.2 Accepted payment methods
WEBALO accepts the following payment methods:
- Credit or debit card: Through secure and certified payment platforms, without WEBALO storing, retaining, or having access to the Client's banking data.
The Client is responsible for verifying the availability of payment methods, applicable fees from banking institutions or payment gateways, as well as any additional costs that may arise.
3.3 Payment validation and confirmation
The contracting of the Service is considered effective and binding only when payment has been validated and confirmed by WEBALO and/or by the corresponding banking institution or payment gateway. Until payment is confirmed, WEBALO will not initiate the execution or provision of the Service.
Once payment is validated, WEBALO will send a confirmation email to the Client, including purchase details, estimated delivery schedule, specific package conditions, and contact information for follow-up.
3.4 Price changes and promotions
WEBALO reserves the right to modify the prices of Services and packages at any time. Modifications will be effective from the date of their publication on the Site. Promotions, discounts, or special offers are subject to availability and apply only during the established period, and it is the Client's responsibility to verify the current conditions at the time of contracting.
IV. CONTRACTING PROCESS AND CLIENT ELIGIBILITY
4.1 Eligibility
To contract WEBALO's Services, the Client must meet the following requirements:
- Be a natural person over 18 years of age or have the legal age necessary to enter into binding contracts under current Mexican legislation.
- Have sufficient legal, administrative, and financial capacity to assume the obligations derived from the contracting.
- Be a resident of Mexico or have an established address within Mexican territory, or be located in jurisdictions where the provision of Services is legal and permitted.
- In the case of acting on behalf of a legal entity, company, association, or organization, the Client guarantees having all necessary authorizations to legally bind the represented entity.
4.2 Client registration and data
To contract services, the Client must provide complete, truthful, accurate, and updated information through the contact or registration form available on the Site, including:
- Full name or company name.
- Valid and verifiable email address.
- Contact telephone number.
- Full address for billing and correspondence purposes.
- Additional information that WEBALO requires for the provision of the Service.
The Client agrees to keep their data updated and to notify WEBALO of any changes. The accuracy of the information provided is the Client's responsibility. WEBALO may request additional documentation, perform verifications, or conduct investigations to confirm the Client's identity and comply with applicable legal obligations.
4.3 Package selection and contracting
- The Client must select the package that best fits their needs.
- For custom services, the Client must communicate their specific requirements through the Site; WEBALO will prepare a tailored proposal.
- Selection implies acceptance of the terms, scope, duration, number of revisions, and specific conditions of the package.
- The Client will receive a contracting confirmation by email once payment is validated.
V. WEBSITE USE CONDITIONS
5.1 Authorized use
The Client may access and browse the Site only for legal purposes and in accordance with these Terms. The Client agrees to use the Site responsibly, respecting the rights of third parties, current Mexican legislation, and applicable international standards.
5.2 Use restrictions
The Client expressly agrees to refrain from:
- Performing actions that damage, interrupt, disable, block, or affect the operability, security, or integrity of the Site.
- Using software, bots, spiders, scripts, automated applications, or tools that interfere with the normal functioning of the Site.
- Accessing unauthorized systems, servers, networks, or information; attempting to gain access to other users' accounts; or performing "hacking" or social engineering activities.
- Reproducing, duplicating, copying, downloading, disposing of, or using the Site's content for commercial or profit purposes, without WEBALO's express authorization.
- Collecting, downloading, or extracting user information, contact data, email addresses, or sensitive information from the Site for commercial, advertising, or fraudulent purposes.
- Publishing, sharing, or transmitting false, defamatory, obscene, violent, discriminatory information, or content that incites illegal activity or violates third-party rights.
- Using hyperlinks, frames, or any mechanism to integrate the Site into third-party sites without WEBALO's express authorization.
- Modifying, altering, hiding, or deleting information, metadata, watermarks, authors, or any Site content.
- Registering under a false name, inaccurate or outdated information, or multiple times under different identities.
- Using WEBALO's trademarks, logos, trade names, or distinctive signs without express written consent.
VI. EXECUTION, DELIVERY, AND REVIEW OF SERVICES
6.1 Schedule and execution phases
Once payment is confirmed, WEBALO will proceed with the execution of the Service according to the scope and schedule of the contracted package. WEBALO will notify the Client about:
- Start date of the work.
- Main phases or milestones of the project.
- Estimated delivery dates for progress and preliminary versions.
- Deadlines for the Client to perform reviews and request adjustments.
WEBALO will comply with the estimated times under its best effort; however, delays caused by force majeure, technical impossibility, delays in Client responses, or circumstances beyond WEBALO's control will not be attributable to the latter.
6.2 Review and adjustments
Each package includes a specific number of review and adjustment rounds. The Client will have the established time to review deliverables and request corrections or changes in scope. Adjustment requests must be communicated in writing through WEBALO's contact email.
Additional changes outside the package scope, substantial modifications to the project, or requests after final delivery must be quoted and approved by both parties through an additional proposal.
6.3 Acceptance of deliverables
Acceptance of the final deliverables by the Client implies conformity with the work performed. Claims after acceptance will only be considered in case of evident defects, under the conditions and deadlines established in the applicable Warranty Policy.
6.4 Causes for suspension or termination of services
WEBALO may suspend or terminate the provision of Services in the following cases:
- Client's breach of obligations established in these Terms or in the specific proposal.
- Non-payment or significant delay in payment of fees, if applicable.
- Client conduct that affects the security, reputation, or integrity of the Site or WEBALO.
- Technical, legal, or force majeure impossibility that prevents the continuation of the Service.
- Express request from the Client.
In case of suspension due to a cause attributable to the Client, WEBALO may retain deliverables and no refund will proceed.
VII. INTELLECTUAL PROPERTY AND COPYRIGHT
7.1 WEBALO ownership
All content available on the Site —including texts, images, logos, trademarks, graphic designs, preliminary sketches, wireframes, prototypes, code, illustrations, style guides, animations, production files, and any material developed by WEBALO— is the exclusive property of EVOLFY S.A. DE C.V. or is used under authorized license from its owners.
WEBALO and related trademarks are registered or pending registration trademarks, protected by intellectual property laws, copyright, and international treaties in force in Mexico and other countries.
7.2 Client rights
The Client does not acquire intellectual property rights over the Services, deliverables, designs, or content by simply accessing the Site, browsing, or contracting. The Client obtains a limited, non-exclusive, and revocable license to use the deliverables solely for internal and non-commercial purposes, according to the scope of the contracted package.
In the case of custom services where the transfer of rights is expressly negotiated, this must be specified in writing in the corresponding proposal and will be subject to full payment of the contracted Service.
7.3 Prohibitions
It is strictly prohibited to:
- Reproduce, publish, distribute, modify, transform, or adapt the Services, designs, or content without WEBALO's express written authorization.
- Commercially use the deliverables or resell them to third parties, unless specifically authorized.
- Perform reverse engineering, decompile, disassemble, or attempt to derive the source code or programming logic.
- Use the content in direct competition with WEBALO or for illicit purposes.
Violation of these rights exposes the Client to civil and criminal legal actions, as well as the payment of damages.
7.4 Third-party rights
The Client accepts and respects the intellectual property rights of third parties included in the Services or on the Site. The Client guarantees that the information, content, and data they provide do not violate copyrights, patents, trademarks, or other third-party intellectual property rights.
VIII. CLIENT OBLIGATIONS AND RESPONSIBILITIES
8.1 General obligations
The Client agrees to:
- Use the Site and Services in accordance with current Mexican legislation, these Terms, and good business practices.
- Provide complete, truthful, and updated information.
- Make payment according to the established methods, deadlines, and conditions.
- Respect the intellectual property rights of WEBALO and third parties.
- Not engage in conduct that causes damage to the Site, WEBALO, or other users.
8.2 Responsibility for content
The Client is solely responsible for:
- Any content, information, data, or materials provided to WEBALO for the provision of Services.
- Ensuring that such content does not violate third-party rights, current laws, or good conduct standards.
- Obtaining necessary permissions, authorizations, and licenses from third parties before providing them to WEBALO.
WEBALO acts as a design and development service provider; it is not responsible for the content, accuracy, legality, or integrity of the materials provided by the Client.
8.3 Indemnification
The Client agrees to indemnify, defend, and hold harmless WEBALO, its directors, employees, partners, and affiliates, from any claim, demand, loss, damage, cost, or expense (including legal fees) derived from:
- Violation of these Terms by the Client.
- Breach of applicable laws.
- Violation of third-party rights.
- Use of the Site or Services contrary to what is authorized.
- Content, data, or information provided by the Client.
IX. WARRANTIES AND LIMITATION OF LIABILITY
9.1 Disclaimer of warranties
WEBALO does not offer or guarantee:
- That the Site is secure or free of errors, viruses, malware, or malicious elements.
- That the Site is uninterrupted, accessible at all times, or infallible in operation.
- That the deliverables will meet the Client's specific expectations or be suitable for a particular purpose.
- That the Site's content is accurate, updated, legal, non-infringing of third-party rights, or complete.
- That the Services will generate specific economic or commercial results or benefits.
The Services are provided "as is" and "as available." The Client expressly accepts to assume all risks derived from accessing the Site and using the Services.
9.2 Limitation of liability
In no case shall WEBALO be liable for:
- Direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
- Loss of data, files, information, configurations, or systems.
- Lost profits, loss of income, benefits, or expected savings.
- Damage to the Client's reputation, brand, business relationships, or credit.
- Interruptions, delays, technical failures, or access issues to the Site.
- Incompatibilities, pre-existing errors, or misuse of deliverables by the Client.
- Acts or omissions of third parties, including hackers, viruses, or malware.
- Force majeure, fortuitous events, or circumstances beyond WEBALO's control.
9.3 Liability cap
WEBALO's total liability to the Client, for any concept, cause, or legal action, shall never exceed the amount actually paid by the Client for the contracted Service during the twelve (12) months prior to the claim.
If the Client has not made any payment, liability is limited to zero.
9.4 Technical responsibility
The Client is solely responsible for:
- Installing, configuring, maintaining, and properly using the deliverables according to the manufacturer's instructions or the provided documentation.
- Backing up their data before any technical intervention or use of Services.
- Verifying compatibility with their systems, devices, and software before implementation.
- Protecting their account, passwords, and access data against unauthorized use.
X. MODIFICATIONS TO THE TERMS AND CONDITIONS
WEBALO reserves the right to modify, update, amend, or delete any part of these Terms at any time and without prior notice. Modifications will become effective upon their publication on the Site.
It is the Client's responsibility to periodically review the current Terms. Continued use of the Site or contracting of Services after the publication of changes implies automatic acceptance of the modified Terms.
In case of disagreement with the changes, the Client must stop using the Site and, if applicable, request the cancellation of their account.
XI. GENERAL PROVISIONS
11.1 Validity
These Terms will remain in force indefinitely from their publication on the Site until a more recent version is published.
11.2 Headings
Headings and section titles are for reference only and do not affect the interpretation, validity, or scope of the provisions.
11.3 Partial nullity
If any provision of these Terms is declared null, illegal, or unenforceable by a competent court, the validity of the remaining provisions will continue in full force.
11.4 Relationship between parties
These Terms do not create a partnership, mandate, franchise, employment, or agency relationship between WEBALO and the Client. The Client acts as an independent client.
11.5 Legal compliance
The Client guarantees compliance with all laws, regulations, and standards in force in Mexico applicable to their use of the Site and the contracting of Services.
XII. JURISDICTION AND DISPUTE RESOLUTION
These Terms and all matters derived from them are governed by the laws of the United Mexican States, particularly by the legislation in force in Mexico City.
For the interpretation, compliance, execution, and resolution of any dispute arising from these Terms, the parties expressly submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
Prior to initiating legal actions, the parties agree to attempt to resolve disputes amicably through:
- Direct communication between the parties.
- Mediation before authorized instances.
- Arbitration in accordance with the arbitration rules in force in Mexico, if agreed in writing.
Both parties expressly waive any jurisdictional venue other than Mexico City.
XIII. CONTACT AND CUSTOMER SERVICE
For any questions, clarifications, claims, requests for custom proposals, or concerns about these Terms or the Privacy Notice, the Client may contact WEBALO through:
- Email: info@webalo.com.mx
- Website: webalo.com.mx (contact section)
- Address: Avenida Insurgentes Sur No. 605, Floor 8, Suite 802, Colonia Nápoles, Alcaldía Benito Juárez, C.P. 03810, Mexico City.
WEBALO commits to responding to communications within a reasonable period, typically between 24 and 48 business hours.