Terms and conditions
I. DITO AND THE USER.
INTERFACTURA, S.A.P.I. de C.V. (hereinafter "DITO") is constituted in accordance with the laws of the Mexican Republic, with federal taxpayer registration number INT020124V62.
The creation of any record to generate a User profile in DITO requires the reading, understanding, and manifestation of consent regarding these Terms and Conditions of Use of Services prior to the start of use of the Services. This instrument is applicable to all DITO Services and is legally binding between You and DITO.
a. Client: The natural or legal person who has contracted a Service owned by DITO. The Terms and Conditions of Use of the Service together – if applicable – with the Service Provision Agreement and the corresponding Annexes constitute the entire commercial agreement between the Client and DITO.
b. Guest: The natural or legal person who, through the contracting of a Client with DITO, is invited to collaborate on any of the Platforms and/or Mobile Applications for free through their registration and, where appropriate, signing of corresponding documents, including this instrument.
c. User: Indistinctly a Client or a Guest who, through a natural person, uses DITO Services by their own right or on behalf of a legal person under protest of telling the truth that they have current and sufficient legal powers to bind themselves through their Digital Signature, with their represented party agreeing to this instrument.
The User accepts and declares under protest of telling the truth that, to use DITO's Platform(s) and Mobile Applications, they require registration to activate their User account providing identification data that is authentic, verifiable, and of their ownership, including the valid Digital Certificate of their Digital Signature. Damages caused by the lack of veracity and updating of said information will be the exclusive responsibility of the User. The User must not reveal their account information to anyone else. The User is solely responsible for maintaining the confidentiality and security of their account, safeguarding and keeping confidential the password assigned for accessing the Services, and for all activities that occur in or through their account. The User is responsible for all actions, conduct, or omissions carried out with their User account. DITO will not be liable for any loss arising from the unauthorized use of the User account. DITO reserves the right to approve, modify, or delete the User account if its identity or that of its valid Digital Signature Certificate cannot be verified, if any information provided for User registration is false, or for any other cause at DITO's discretion.
The User must keep their Digital Signature valid to use the Services.
II. DEFINITIONS.
For the purposes of these Terms and Conditions of Use of Services, the following terms shall have the meanings attributed to them below:
a. Mobile Applications: Modality of access to the Platform(s) available through an application for iOS and/or Android in some DITO Specific Services.
b. Addendas: Node that can optionally be attached to a CFDI with additional information to the Invoice.
c. Annexes: -If applicable- annexes to the Service Provision Agreement between the Client and DITO, applicable according to the Services contracted for the User.
d. API: Application programming interface, is a set of functions and procedures that allow access to a Platform or Mobile Application.
e. Help Center: Electronic documentation of functionalities and tools available to the User on the Platform(s) and/or Mobile Application(s).
f. Digital Seal Certificate: Set of data and characters that proves the authorship of the CFDIs issued by natural and legal persons, is subject to the regulation applicable to the use of advanced electronic signature, and is issued by the Tax Administration Service (SAT) exclusively for the purpose of issuing CFDIs.
g. CFDI: Digital Fiscal Receipt(s) via Internet.
h. Service Provision Agreement: -If applicable- is the set of the Service Provision Agreement, these Terms and Conditions of Use of Services, and the Annexes corresponding to the commercial agreement, including Annex(es) of Service Order(s) between the Client and DITO, which together represent a single instrument and the entire commercial agreement.
i. Connector: DITO software installed on the Client's equipment to enable a bilateral electronic communication medium, which allows the sending and returning of files to DITO for fiscal stamping in a secure manner, thanks to connection certificates. Once stamped, DITO returns these documents with fiscal validity, through the same medium to the Client.
j. Invoice: Indistinctly, jointly or individually a CFDI and/or Withholdings.
k. Electronic Signature: Set of data and characters that through digital security mechanisms links the signer with the expression of consent on a data message and is admissible as evidence in trial.
l. Electronic Signature Plus: It is an electronic signature that adds the use of a code as a security measure to have a double authentication factor in the signature collection process. The electronic signature data, including the exclusive use code per operation or signature transaction, are recorded in a data message and is admissible as evidence in trial.
m. Digital Signature: It is a type of electronic signature known as an advanced, reliable, or certified electronic signature. It is composed of a set of digital certificates (public .cer and private .key), which along with a password allow identifying the holder since it has been created by electronic means under their exclusive control, so it is linked only to them and the data it refers to, allowing any subsequent modification of these to be detectable. The digital signature links the signer through its use with the same legal effects as a handwritten signature. Besides being admissible as evidence in trial, it grants legal presumption of non-repudiation. It uses IES technology, Extended Security Infrastructure, popularly known as PKI, Public Key Infrastructure.
n. Signer: Any person using an Electronic Signature, Electronic Signature Plus, and/or Digital Signature, to sign electronic documents and, where appropriate, data messages.
o. PCCFDI: Authorized Certification Provider for Digital Fiscal Receipts via Internet.
p. Platform(s): Websites accessible via internet owned by DITO through which Services are made available to the User, including but not limited to: www.vital.com.mx, www.dito.com.mx, www.interfactura.com, individually or collectively, with those made available over time for the provision of Services.
q. Withholdings: Invoice that supports withholdings and payment information associated with dividends, trust leasing, share alienation, non-business trust, interests, mortgage interests, payments to foreigners, retirement plans, prizes, derivatives operations, and the financial sector.
r. RI: Internal registration with Client identification number, provided by DITO.
s. Services: Set of products selected by the Client, owned by DITO, accessible through the Platform(s) and/or Mobile Application(s), as well as auxiliary implementation services, delivery, BPaaS (Business Process as a Service), Consulting, training, and development as stipulated on the Platform and/or in the Service Provision Agreement signed between the Client and DITO.
t. Solution(s): Specific service(s) selected by the Client on the Platform and/or in the Service Provision Agreement, available through the Platform(s) and/or Mobile Application(s) of the corresponding product(s), which are subject to this instrument and the Terms and Conditions of Use of Product in question available in section XVI of this document.
u. Terms and Conditions of Use of Services: This document that establishes in sections I to XV the general Terms and Conditions of Use of Services for Users, and the User's Final Manifestation at the end of this document.
v. Transmission: Consists of the electronic sending from the Client to DITO of Invoice(s) and/or documents, issued by their own means or a third party, so that DITO, through its electronic means, can deliver these files to the specific destination contracted by the Client. DITO is not responsible for compliance by the CLIENT and/or their PCCFDI(s) with any of their obligations, including, but not limited to, fiscal obligations regarding the issuance, reception, and/or safeguarding of Invoice(s).
w. Web Service: Mechanism that provides a transport medium to securely send documents to DITO with a response in seconds.
III. SERVICES.
The Platform(s) and Mobile Applications offering business operating systems are provided to the User "as is," maintaining at all times the characteristics of information security and processing of personal data in accordance with Mexican law.
DITO may make modifications or updates to the Services at any time, including changes in infrastructure, technical configurations, features of its content, additions, improvements, presentation of information, among others, to comply with applicable legislation and/or to strengthen the competitiveness of the Service offering to Users. Such modifications or updates will be announced on the corresponding Platforms or Mobile Applications and documented in the Help Center for User reference. DITO will safeguard the continuity of the functions contracted by the Client, User information, and the availability of Services.
The User agrees to update their information on the Platform(s) and/or Mobile Application(s) and to use the Services for lawful purposes, in accordance with their intended use, refraining from taking any action or conduct that could cause damage to the Platforms and/or Mobile Application(s) or third parties. The User expressly accepts that in the event of damage caused by their conduct, they will be responsible for the legal, civil, and criminal consequences, national or international, that arise.
The User accepts that third-party links or materials interconnected or made available with the Services are the sole responsibility of the third parties. Therefore, the User accepts that there are no warranties, express or implied, regarding the ownership, content, accuracy, compliance, availability, or veracity of third-party information, products, and/or services.
The start of the use of Services will begin when the Client:
a. Signs –if applicable- the Service Provision Agreement, these Terms and Conditions of Use of Services, and if applicable, the corresponding Annexes.
b. Makes the payment of the applicable Consideration(s).
Additionally, the User must, depending on the applicable product:
c. Register on the corresponding Platform(s) and/or Mobile Application(s); and
d. Have a valid Digital Signature and/or one or more valid Digital Seal Certificates.
SMS/Text Messaging Services
As part of the Services provided by DITO, the User may opt in to receive SMS/text message notifications. The following terms apply to such messaging services:
- Program/Brand Name: DITO by Interfactura, S.A.P.I. de C.V.
- Message Frequency: Message frequency varies depending on the services contracted and account activity. Users may receive recurring messages related to invoicing notifications, collection reminders, payment confirmations, and account updates.
- Program Description: DITO provides SMS/text messaging services to deliver notifications related to invoicing, collection management, payment processing, and account activity on the DITO platform.
- Customer Care Contact: For questions or support regarding SMS messaging services, please contact us at: Email: soporte@interfactura.com | Phone: 8147771100 | Address: San Francisco No. 170-A, Colonia La Fama, Santa Catarina, Nuevo León, C.P. 66100, Mexico.
- Opt-Out: Users may opt out of receiving SMS/text messages at any time by replying STOP to any message received from DITO, or by contacting customer care at the information provided above. A single confirmation message will be sent upon opt-out.
- Message and Data Rates: Message and data rates may apply. Users should consult their mobile carrier for details regarding their messaging plan and any associated charges.
IV. INFORMATION SECURITY AND LIMITS OF LIABILITY.
DITO has the following information security measures in the Services:
a. Availability: DITO has the technological infrastructure of hardware, software, and specialized technical personnel to guarantee the availability of Services according to the legal requirements applicable to each product.
b. User Profiles: DITO manages security per User based on profile(s), controlling all unit actions existing in the Services.
c. Backups: DITO performs periodic incremental information backups.
d. Session Security: DITO uses information security standards to control and prevent data loss;
e. Session Timeout for Inactivity: DITO allows setting User session(s) to expire after a determinable period of inactivity;
f. Soft-Delete: DITO retains data records in the Services to prevent involuntary data loss or mitigate voluntary data deletion risks. Data deletions are inaccessible to the User, and a DITO Services administrator could potentially recover access to them if necessary.
g. SSL Certificate on all Platforms.
DITO will not be liable to the User for failures or delays in the provision of Services derived from:
a. Act of God or force majeure.
b. Negligence and/or misuse of the Service by the User.
c. Any misuse, modification, or theft of User information if such information is transmitted to DITO through systems other than those offered by the Services and/or its components;
d. Corrections, updates, or modifications to the Services that have been recommended by DITO to the User and have not been carried out by them, or the User making corrections, updates, or modifications not recommended by DITO;
e. Corrections, updates, and modifications to the Services that DITO cannot perform due to reasons attributable to the User;
f. Updates or renewals of digital certificates required by the User for the provision of DITO Services due to the nature or functionalities of the product(s) used;
g. Malfunction of the User's computer systems, terminals, or communication, internet service, and connections;
h. Non-compliance with this instrument, and –if applicable- the Service Provision Agreement, and the corresponding Annexes, and;
i. Poor quality, error, and/or insufficiency in or of the information provided by the User to DITO.
The User expressly acknowledges and accepts that:
a. Non-compliance with any of the User's fiscal and legal obligations is and will be solely and exclusively their responsibility, so they agree to indemnify and hold DITO harmless from any requirement, claim, and/or judicial and/or administrative proceeding derived from such non-compliance;
b. DITO is not and will not be responsible for the content, veracity, or accuracy of the information contained in CFDIs, documents, contracts, templates, models, transactions, and/or data messages transacted, signed, certified, or exchanged through the Services.
c. The veracity, accuracy, or content of any User information coming from third-party systems or external to the Services, the quality of the information the User provides to DITO, nor the use the User makes of the information received through the Services.
d. DITO has no obligation to appear in any dispute, litigation, or trial process generated due to a document signed on its Platform, and the User agrees not to request DITO's intervention in such procedures.
In no case will DITO or the User be liable to each other or to any person for any damage, including but not limited to indirect, incidental, excessive, remote, or eventual damages, loss of profits, consequential damage, moral damage, loss of data and/or information, and/or security breaches regarding personal data that the User, DITO, or a third party may suffer, even if notified of the possibility of such damages occurring.
The User and DITO will not be responsible for any delay or non-compliance with the obligations of this instrument and -if applicable- the Service Provision Agreement, resulting directly from an act of God or force majeure, including but not limited to natural disasters, fire, flood, earthquake or electrical storm, power variations or failures, sabotage, accidents, embargoes, riots, civil disturbances, or exercise of civil authority, pandemics, etc.
If DITO cannot provide the Services due to an act of God and/or force majeure, DITO will notify the Client of the estimated time for resumption of Services. If the causes preventing the provision of Services persist for more than 15 consecutive calendar days, the Client may request the termination of Services by paying the applicable Consideration for the Services effectively provided.
DITO guarantees in terms of operability that even if an act of God or force majeure occurs, User information will remain safeguarded and will not be lost due to the aforementioned events. Any information sent by the User to DITO, or vice versa, at the precise moment any of these adverse events occur cannot be guaranteed by DITO.
V. INDUSTRIAL AND INTELLECTUAL PROPERTY.
DITO holds the ownership and exclusive property of the rights granted by current laws and/or international treaties regarding industrial and intellectual property where Mexico is a party, for all trademarks, distinctive signs, commercial notices, computer programs, and compilations through which it commercializes and provides its Services, including, without limitation, technological developments, codes, designs, domains, knowledge models -know how-, and/or goods or rights corresponding to it in the field of industrial and intellectual property by its own right.
DITO does not grant any license or authorization of use of any kind over the industrial and intellectual property it owns.
The User may not modify, alter, delete, copy, reproduce, distribute, sell, decompile, disassemble, transfer, apply reverse engineering techniques, or attempt to extract the source code in whole or in part from DITO's Services, Platforms, and Mobile Applications, assuming the responsibility in case of doing so to pay DITO the corresponding amount for damages resulting from it.
VI. CONFIDENTIALITY.
The User and DITO accept that during the entire provision of Services, all technical, administrative, and commercial knowledge, processes and procedures (including sales, promotion, and commercialization procedures), information, user lists, formulas, techniques, cost and sales information, research and development information, pricing information, technical secrets, source codes, industrial and commercial secrets, privileged information, business plans, feasibility studies, ideas, products, services, financial information, technical specifications, materials, discoveries, data, and other elements related to their products or operations will be treated as Confidential Information, all of which grant a favorable competitive position in the market they participate in, representing an important and irreplaceable value whose disclosure or exploitation by the Receiving Party (who receives the Confidential Information) or third parties would cause severe, substantial, and irreparable damage to the Disclosing Party (who reveals confidential information partially or totally).
The Receiving Party has no right over the Confidential Information, except and exclusively for fulfilling its obligations under this instrument and its Annexes.
The assumed confidentiality obligations will be valid for the entire duration of the provision of Services, as well as for a period of 3 (three) years counted from the end of the relationship between the User and DITO.
DITO will at no time and for no reason deliver User information to governmental authorities without the prior written consent of the User, except by a judicial or administrative order issued by a competent body.
The User authorizes DITO to send information related to the Services in accordance with Articles 16, 18, and 18 bis of the Federal Consumer Protection Law.
VII. PRIVACY.
Based on the Federal Law on the Protection of Personal Data Held by Private Parties and its corresponding Regulations, DITO makes available for consultation the Privacy Notice by which it is governed and identifies itself as responsible for the use and processing of the personal data intended to be collected from the User, owner of such data; as well as processor of the personal data the User sends to it, so by providing personal data related to third parties, the User acknowledges having their consent for DITO to process their personal data.
VIII. CONSIDERATION(S) AND SERVICE MODIFICATIONS.
The Client agrees to pay DITO as Consideration for the Services, the amounts stated on the Platform, in the Service Provision Agreement, and/or in any Annex(es) of Service Order(s) according to the conditions established therein.
If the Client has contracted a service with limited transactions, once these are exceeded, they must contract a new package and make the corresponding payment.
The User acknowledges that in case of non-payment, DITO reserves the right to suspend or cancel the provision of Services according to the conditions established with the Client.
DITO will not refund any amount for unused and/or accrued services by the Client.
The Consideration(s) applicable for the Service(s) will be increased annually, automatically, without the need for a new agreement between the Parties, in accordance with the percentage increase in the National Consumer Price Index (INPC) published in the Official Gazette of the Federation.
The cost of the Services may be increased by DITO at any time without requiring written authorization from the Client, with prior 30 calendar days notification to the Client of the effective date the new prices take effect.
IX. TERMINATION OF SERVICES.
DITO may terminate the provision of Services to the User(s) at any time and/or due to any non-compliance with the obligations agreed upon in the Service Provision Agreement -if applicable- and/or this instrument, including but not limited to if the User:
a. Provides false information or data, as well as any act of fraud, misrepresentation, and falsification of such information,
b. Commits an act of corruption or attempted corruption,
c. Is published in the Official Gazette of the Federation for having met the definitive status of Article 69-B of the Federal Tax Code, and
d. In case of insolvency or commercial bankruptcy declaration of the Client.
In case of termination of services by DITO, it will send a notification to the User 15 calendar days in advance of the effective termination date.
The termination of Services does not exempt the Client from any applicable Consideration debt owed to DITO.
X. SUPPORT.
In accordance with the Services contracted by the Client, the User will have technical support available.
XI. NO EMPLOYMENT RELATIONSHIP.
The User accepts that this instrument, the Service Provision Agreement, and/or Annexes -if applicable-, do not configure any labor or employer-employee relationship between the User's officials, consultants, agents, and employees and DITO. The User assumes any responsibility derived from their labor and subordinate relationships, individually or collectively, with their workers, employees, dependents, or administrative staff, releasing DITO from any labor-related obligation.
The User must have previously signed individual employment contracts acting as the sole employer with those providing subordinate services, or a professional service provision contract acting as the Client.
The User expressly accepts that DITO is not an employer, joint employer, or substitute employer for any employee, agent, consultant, and/or official of the User and agrees to assume all legal responsibilities in their relationships with dependents, subordinates, service providers, employees, unions, and third parties. Therefore, the User agrees to indemnify and hold DITO harmless from any individual or collective trial, fiscal proceeding, litigation, social security proceeding, or proceeding of any other nature arising from the User's non-compliance with the obligations described in this section before any federal or local authority.
FINAL MANIFESTATION OF THE USER.
The User expressly manifests that:
a. They have read and fully understood this instrument to their entire satisfaction and are in full use and enjoyment of their faculties and rights, so they have no legal impediment to sign these Terms and Conditions of Use of Services;
b. They voluntarily decide to use the Services and Solution(s) under their full responsibility;
c. By signing this instrument, they consent to use Electronic Signature, Electronic Signature Plus, or Digital Signature mechanisms to manifest their consent in contracting or modifying Services, and updating policies and documents DITO submits for their consideration;
d. Electronic documents and data messages bearing a Digital Signature produce the same legal effects, validity, or binding force as those signed with a handwritten signature and have the same probative value granted by applicable provisions.
e. The incorporation of a Digital Signature into a data message and/or electronic document guarantees the authorship and integrity of the document and that such signature exclusively corresponds to the Signer, so all acts signed with the Digital Signature Certificate will be attributable to the User holding it.