This agreement describes the general terms and conditions (the “Terms and Conditions”) that rule the use of a technological platform made available by Chapa Inc. (“dataPlor”) to the users of the same (the “Users” or “Explorers”). Any person wishing to access or use the System or provide the Services (as these terms are defined below), may do so subject to these Terms and Conditions, along with all other notices, policies and principles governing dataPlor and that are incorporated into these Terms and Conditions by reference.
Any person who does not accept these Terms and Conditions, which are mandatory and binding, must refrain from using the System or providing the Services.
The use of the System or the provision of the Services implies the express acceptance by the User of all the clauses and policies established in these Terms and Conditions and, where applicable, the notices, policies and principles incorporated by reference.
1. General Information
1.1 dataPlor is a company duly incorporated and validly existing under the laws of the United States of America, with sufficient capacity according to its corporate purpose to execute these Terms and Conditions.
1.2 dataPlor offers Users, through the technological platform explorer.dataplor.com (the “System”), the possibility of providing the services of “Explorer of dataPlor”, whose purpose for the Explorer is to visit businesses with the characteristics that will be specified in the System and build a profile of said businesses (the “Business Profile”), for each Business Profile that the Explorer create, dataPlor will pay this one a consideration that will be determined by the number of Business Profiles created by the Explorer ( the “Services”), in accordance with the provisions set forth in the System and with these Terms and Conditions.
2. User Account
2.1 In order to provide the Services to dataPlor, the User must register and keep active a personal, unique and non-transferable account of use of the System for the provision of the Services (the “Account”). In order to open said Account for the User it is necessary to provide certain personal information that in this respect is required in the Account registration form. In connection with the foregoing, the User acknowledges that he is solely responsible for the information and operations of the Account, so that dataPlor will not be responsible for the accuracy of the information or operations that the User uploads in the Account. The User undertakes to keep the username and password of his Account secure and confidential and in no case dataPlor will be responsible for the use of the user name and password of the Account.
2.2 dataPlor reserves the right to reject any account request, cancel or suspend an account, without being obliged to communicate the reasons for this to the User and without responsibility for dataPlor.
2.3 dataPlor can, at any time, request any type of document or additional data in order to corroborate the information of the Account, as well as temporarily or permanently suspend those Users whose data or information could not be confirmed.
3. General Terms and Conditions of the Explorer Services
3.1 Users who registered in dataPlor, will provide their Services as Explorer in accordance with the following:
3.2 The User wishing to register as an Explorer, must create an Account in the System, when creating the Account, they will be asked for certain data to be able to register his profile, said data will be protected in accordance with the Privacy Policies available in the System.
3.3 Once registered as Explorer, dataPlor will tell you what and what your services will be like Explorer, likewise, dataPlor through the System will specify the terms of the consideration and the payment process. Said payment shall be made in accordance with these Terms and Conditions and the ones specified in the System.
4. Payment Terms
4.1 Each week, the Explorers will receive a payment corresponding to the provision of their Services in accordance with these Terms and Conditions (the “Consideration”) and the System, which will be determined as follows: dataPlor will pay the then applicable fee per Business Profile to the Explorer for each Business Profile that the Explorer generates and uploads in the System in accordance with the instructions established therein.
4.2 At the end of each week, dataPlor will review and count the Business Profiles generated by the Explorer and make the corresponding Consideration to the PayPal account that the Explorer registered in the System.
4.3 Once PayPal confirms to dataPlor that said payment has been deposited in the Explorer´s PayPal account, the Consideration will be considered duly fulfilled.
4.4 DataPlor will not be responsible for those faults that are caused by PayPal or any of its programs, accessories, etc., that are necessary to make the deposit of the Consideration.
5.1 The provisions set forth in these Terms and Conditions will be in force while the Explorers have active Accounts and even as long as they comply with each and every one of their obligations in these Terms and Conditions.
6. System Failures
6.1 DataPlor will not be responsible for any damage or loss to the User that could be caused by failures in the System, on the server or on the Internet. DataPlor will not be responsible for any virus that could infect the User’s equipment as a result of accessing or using the System or as a result of any transfer of data, files, images, texts or audio contained in it. The User may not demand any responsibility from dataPlor, nor may he demand the payment of any amount for damages or losses resulting from technical difficulties or failures in the System or on the Internet. dataPlor does not guarantee access and continued or uninterrupted use to the System, because it may not be available due to technical difficulties, Internet failures or any other cause beyond dataPlor; in such cases, efforts will be made to re-establish it as quickly as possible, without thereby implying any kind of responsibility to dataPlor. In the same way, dataPlor will not be responsible for any errors or omissions contained in the System, nor those related to the payment through PayPal
6.2 The System may contain advertising and / or links to other third-party websites. In such cases, dataPlor will not be responsible in any way for the content, products, services, advertisements or other information that may be provided by or through such sites or advertising, nor its privacy policies or its compliance with applicable legal provisions.]
7.1 In a non-limiting manner, dataPlor may warn, suspend or disable a User account in the event that: (i) the User does not comply with its obligations under these Terms and Conditions; (ii) the User uses the System for the purpose of executing fraudulent acts; or (iii) the information provided by the User in his Account could not be verified.
8.1 dataPlor may terminate the Services or deny access to the User in the System, and even terminate the provisions of these Terms and Conditions at any time, without responsibility for dataPlor. In case of termination, the User must stop using the System.
8.2 Notwithstanding the foregoing, the termination of the Terms and Conditions will not affect the rights and obligations arising before the termination date.
9.1 DataPlor only makes available to Users a System for the Users to have the possibility of providing the Services of “Explorer of dataPlor”, whose purpose for the Explorer is to visit businesses and build a Business Profile of each place visited, and dataPlor will pay the Explorer a Consideration through PayPal for each Business Profile that the Explorer creates, therefore dataPlor will not be responsible for those faults that are generated by PayPal in the case of the deposit of the Consideration.
9.2 dataPlor shall not be liable for any damage, impairment, or loss, caused by any claim, demand, notification, notice, summons, instruction, order, action, litigation or procedure related to the Services that the Explorer provides to dataPlor for the creation of Business Profiles.
10.1 The User agrees to indemnify, release and hold harmless dataPlor from any claim that may be made against the User in connection with the use of the Account. In connection with the foregoing, the User agrees to indemnify and hold harmless dataPlor (including but not limited to its respective shareholders, directors, managers, officers, representatives, agents and employees) for any claim (including legal fees and costs), agreeing hereby to compensate dataPlor of any amount that will be paid for these concepts.
11.1 No provision contemplated in these Terms and Conditions constitutes in any way any type of company, joint venture, commercial commission or employment relationship between dataPlor and the User.
12. Intellectual Property
12.1 The System and all rights related thereto are exclusively owned by dataPlor. No provision provided in these Terms and Conditions, nor use of the System grant or transfer any right over or in connection with the System.
13.1 All information that relates to the information provided by the Users will be treated as confidential information and may not be disclosed without the consent of the User, except to those employees, representatives or advisors of dataPlor who need to know the information for compliance with obligations under these Terms and Conditions. Notwithstanding the foregoing, dataPlor may disclose the information in accordance with governmental, administrative or judicial requirements to which it is subject, upon notice to the User informing said situation and, as long as the disclosure of the information is mandatory for dataPlor in accordance with applicable laws or with an order of competent authority. This confidentiality obligation will last 12 (twelve) months after the date of termination of these Terms and Conditions and will not cease due to the expiration, termination or resignation of these Terms and Conditions.
14.1 The collection and use of personal data in connection with the Services shall be governed in accordance with the provisions of DataPlor’s Privacy Policies, which are available in the System, in compliance with the provisions of the Federal Law of Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de Particulares), its Regulations and other applicable legal provisions.
15.1 dataPlor may modify these Terms and Conditions at any time, without the need to notify the User. Notwithstanding the foregoing, dataPlor may publish updates or amendments to the Terms and Conditions in the System, in the understanding that the mere use of the System implies the express acceptance by the User of any update or modification of the Terms and Conditions.
15.2 The last update of the Terms and Conditions occurred on February 18, 2018.
16.1 The User acknowledges that the headings of each of the clauses of these Terms and Conditions are for reference purposes only and will not affect the meaning or interpretation hereof.
17.1 The address of dataPlor is located at
660 Venice Blvd,
Venice, CA 90291,
United States of America
18. Applicable Law and Jurisdiction
18.1 For all matters relating to the interpretation and compliance with these Terms and Conditions, the parties hereby expressly and irrevocably submit to the applicable laws of the United Mexican States and the jurisdiction of the competent courts of Mexico City, United Mexican States, and expressly and irrevocably waive to the application of any other jurisdiction that may come to correspond by virtue of their current or future addresses or for any other reason.