Terms & Conditions

Terms and Conditions

The use of the portal https://datu.mx (hereinafter referred to as the “Site”) and the mobile application for Android and iPhone devices called “DATU” (hereinafter referred to as the “App”) expresses the full and unconditional acceptance by the user of these Terms and Conditions and the Privacy Notice of DATU, S.A.S DE C.V. (hereinafter “DATU”), documents which are available to users at all times through these means and physically at the DATU office.

For the purposes of this document, the term "user" refers to any person who accesses, browses, downloads, and/or registers on the Site and/or the App to obtain the products and services of DATU.

The products and services of DATU are intended solely and exclusively for Mexican individuals with legal capacity to contract and/or for legal entities established under the laws of the Mexican Republic, through their duly authorized representative. Therefore, minors, persons declared incapacitated, those limited by another contract, agreement, or commercial relationship, non-exclusively listed, as well as users who have been permanently or temporarily banned by DATU in relation to their credit behavior, are expressly excluded.

Consequently, by accessing the Site and/or using the DATU App, the user states and guarantees that they are of legal age according to the laws of the Mexican Republic.

The services offered by DATU through the Site and/or the App are valid solely and exclusively within the territory of the Mexican Republic. Therefore, if the Site and/or the App can be accessed from various countries around the world, this does not imply that DATU authorizes or enables its services and/or content in such countries or jurisdictions.

Acceptance.

The user understands and agrees that by entering and navigating the Site and/or registering and/or using the App, they unequivocally express their full and unconditional will to be bound by these Terms and Conditions, which are mandatory and binding. If the user does not accept or disagree with these Terms and Conditions and/or the Privacy Notice of DATU, they must refrain from continuing to navigate the Site or use the App. In this regard, it is the user's responsibility to read and fully understand the conditions set forth below before performing any action on the Site and/or registering and requesting any service in the App.

Proper Use and Restrictions.

Any person who accesses the App and/or the Site via a computer, tablet, mobile phone, and/or any other device with internet access agrees not to use such devices, computer programs, software, or any other means to interfere with or affect the functionality, activities, and/or operations of the App and/or the Site, as well as the databases and/or information contained therein.

The user agrees to use and access the App and/or the Site and make use of the services in accordance with the laws, morals, good customs, and public order, and thus agrees to refrain from using the App, the Site, and the services of DATU for illegal purposes and/or effects that harm the rights and interests of third parties, or in any way that may damage, disable, overload, or deteriorate the Site and/or the App or prevent others from using them.

The user agrees to be responsible for having compatible software and hardware, the necessary devices, internet connection, and any other technical requirements necessary for the correct operation of the App and/or the Site.

The user understands that if they access or use the App and/or browse the Site from a mobile device, data and message charges from their mobile network provider may apply.

DATU does not guarantee that the App and/or the Site will function on all devices. The user is also responsible for permitting and executing updates for the App necessary for the proper and timely provision of services.

DATU may provide web addresses and direct links to other websites and/or third-party resources over which DATU has no control and assumes no responsibility for the legality of their content, availability, accessibility, or the truthfulness of the information on them.

DATU will not be responsible for losses or damages caused or allegedly caused by or in connection with the use and security of the content, products, and/or services available through any of these third-party websites or resources.

Registration/Account Creation.

Any user who intends to request DATU’s products and services must first register through the App and/or on the Site by creating a user and password by filling out the corresponding form in all its fields; the user may choose, if the option is enabled, to expedite the account creation by entering their user and password from the Facebook social network, from which DATU will only take the necessary data to complete their registration.

For registration, the user must provide the following information: personal email account; mobile phone number (smartphone, as it must have WhatsApp messaging service).

Additionally, the user must provide their explicit consent to DATU for:

3.1 Sending text messages via the WhatsApp App to authenticate their identity, with the understanding that the sending of text messages will be at the user’s request.

3.2 The processing of their personal data and sensitive personal data under the terms of the current Privacy Notice, which will be made available during registration and can always be consulted on the website https://datu.mx.

In addition, the user may authorize DATU to send advertising related to the services offered and/or to use their personal data for marketing and/or advertising purposes.

Once the required data is entered, the user will receive a PIN via WhatsApp to the mobile phone number provided for identity authentication, which must be entered in the App to complete the registration. Subsequently, the user will receive an email with a code to be entered in the App to validate their email account. In both cases, it is understood that the sending of such codes is done at the user’s request.

The account is personal, unique, and non-transferable, and it is prohibited for the same user to register or own more than one account. If DATU detects different accounts with matching or related data, it may cancel, suspend, or disable them.

Account Access.

Once registration is successfully completed, the user may access their personal account by entering the assigned user and password.

The user agrees to keep their password confidential, as they understand they will be responsible for all transactions made from their account, as access to it is restricted to the entry and use of their password, which is for their exclusive knowledge.

Credit Application.

Once registration is completed and the user has accessed their account, they may request DATU’s services, for which they must fill out the Credit Application in all its fields.

The user guarantees and agrees to take responsibility for the truthfulness, accuracy, validity, and authenticity of the data entered in the Credit Application, assuming the obligation to update them as necessary for the proper provision of services.

In addition to the required data, the user must upload a photograph of their valid voter ID card (both sides visible, with the barcode clearly visible), as well as a photograph of the user holding the official ID (hereinafter "Selfie Photo") to prevent identity theft.

5.1. Authorization for Data Validation.

The user acknowledges and agrees that DATU may use various methods to verify their identity, as well as the accuracy of the information and personal data provided in the Credit Application.

Therefore, if the user agrees, they must express their explicit consent via electronic means for DATU to verify the provided data and fingerprints with the records held by the National Electoral Institute (INE) through the Voter ID Verification Service.

DATU reserves the right to request additional documentation to verify the data entered in the application and to suspend or permanently disable the accounts and/or deny the requests of users whose data could not be confirmed.

Additionally, the user authorizes DATU to, once all required personal data has been collected, consult their credit history with the credit information societies with which it has a contract and process it under DATU’s credit rating model to determine whether the services are approved or denied.

5.2 Approval or Denial of the Credit Application.

The user’s Credit Application will not create any obligation on DATU’s part, as the approval of the credit will always be subject to the verification of the information and documentation provided by the user.

Therefore, until DATU notifies the user that the credit has been authorized, the Credit Agreement will not be considered finalized. For this reason, the user understands that the acceptance of these Terms and Conditions does not represent a formal offer from DATU and does not imply that the credit has been or will be authorized.

Unauthorized Use.

The user agrees to immediately notify DATU of any unauthorized use of their account or unauthorized access by third parties, noting that the sale, assignment, or transfer of the account is prohibited. DATU will not be responsible for general or typographical errors made by the user or negligence in using the App and/or Site services. Similarly, DATU is not responsible for negligence when leaving any electronic device used to access the App, Site, and services unattended, reserving the right to reject any registration request or cancel a previously accepted request, without being obliged to provide reasons for its decision and without generating any right to compensation for the user.

Account Cancellation.

The user may cancel their account at any time, as long as there is no pending payment obligation to DATU.