Country-Specific Terms for Mexico

Scope and order of precedence

These Mexico Terms form part of the Agreement for Mexico Accounts. To the extent they regulate a matter, they prevail over the Agreement and the other policies; in all other respects, the Agreement applies unchanged.

Nothing in the Agreement or in these Mexico Terms limits the rights that Mexican law grants the Customer on a non-waivable basis. If a clause is invalid under those rules, it will apply to the maximum extent permitted and the remainder will remain in effect.

Contracting party, governing law and disputes

The service is provided to Mexico Accounts exclusively by JIVSoft S.A., a company incorporated in the Republic of Ecuador. JIVSoft S.A. has no establishment, subsidiary or representative in Mexico, and no reseller or third party is a party to the Agreement.

The Agreement is governed by the laws of the Republic of Ecuador, without prejudice to any applicable Mexican public-order rules, in particular those on personal data protection, health and, where applicable, consumer protection.

Disputes will be resolved under Section 18 of the Agreement: direct negotiation for 30 days, then mediation and, failing agreement, commercial arbitration at law administered by a legally recognized arbitration and mediation center in Machala, before a sole arbitrator, in Spanish, seated in Machala. The parties acknowledge that this is an international commercial arbitration and that the award may be recognized and enforced in Mexico under Title Four of Book Five of the Commercial Code and the 1958 New York Convention, to which Mexico is a party.

Nothing above prevents the Customer from approaching the Ministry of Anti-Corruption and Good Governance on personal data matters or, where the law grants it that right, the Federal Consumer Protection Agency (“PROFECO”).

Professional use and consumer protection

LIVE is offered to healthcare professionals and facilities to incorporate into the services they provide to third parties. By subscribing, the Customer represents that it acquires the service for that purpose and not as an end user.

Under art. 2, section I, of the Federal Consumer Protection Law (“LFPC”), a person who acquires services to incorporate them into services provided to third parties is considered a consumer only in the cases of arts. 99 and 117 of that law, which allow micro-businesses to file complaints and use conciliation before PROFECO. If the Customer is considered a consumer, the non-waivable rights of the LFPC will apply in preference to any contrary clause.

Cancellation. The Customer may cancel at any time by writing to support@jivsoft.com or simply by not renewing: there are no automatic charges. Refunds are governed by the Cancellation and Refund Policy (https://live.jivsoft.com/en/refunds), without prejudice to any right of withdrawal or refund granted by law. That right may be exercised through the same channel.

Personal data protection

Framework. The Federal Law on the Protection of Personal Data Held by Private Parties published in the Official Gazette of the Federation on March 20, 2025 (“LFPDPPP”), which repealed the 2010 law, applies. The competent authority is the Ministry of Anti-Corruption and Good Governance, which took over the functions of the former INAI in this area. Data about health status are sensitive personal data.

Roles. The Customer is the controller of the personal data of its patients and contacts. JIVSoft S.A. acts as processor and processes those data only on the Customer’s behalf and on its instructions, under the Data Processing Agreement. The communication of data between the Customer and JIVSoft S.A. is a remittance (remisión), not a transfer.

Customer obligations. The Customer is responsible for: (a) making its own privacy notice available to its patients, identifying the sensitive data it processes and the purposes; (b) obtaining the data subjects’ express written consent to process their health data, by handwritten signature, electronic signature or another authentication mechanism, where the LFPDPPP requires it; (c) obtaining consent for reminders sent by WhatsApp, SMS or email; and (d) complying with the confidentiality duties for clinical records. The public booking page and the platform’s forms do not replace the privacy notice or the consent that the Customer must obtain and document.

Processors and data location. Data are stored and processed outside Mexico, in Ecuador, the United States or other countries where JIVSoft S.A. and its sub-processors (including Amazon Web Services) operate. JIVSoft S.A. requires its sub-processors to accept data protection obligations equivalent to its own, under the Data Processing Agreement, and is liable to the Customer for their compliance as set out in that agreement. JIVSoft S.A. does not transfer the Customer’s data to third parties for its own purposes.

Security breaches. We will notify the Customer without undue delay of any breach affecting its data, with the information available and the measures taken. This allows the Customer to inform the data subjects immediately when the breach significantly affects their property or non-property (moral) rights, as the LFPDPPP requires.

ARCO rights. The Customer handles its patients’ requests for access, rectification, cancellation and objection. The LFPDPPP gives the Customer a maximum of 20 days from receipt to communicate its response and 15 additional days to give effect to it, extendable once for an equal period where justified. The platform allows data to be viewed, corrected and exported. If we receive a request addressed to the Customer, we will forward it without delay and will not answer it ourselves.

Artificial intelligence. The AI features are optional. If the Customer uses them, the content it submits is processed by the sub-processor listed in the Data Processing Agreement. The Customer should avoid including unnecessary identifying data.

Clinical records and health regulations

Clinical records. NOM-004-SSA3-2012 requires providers of medical care services to compile and keep the clinical record for a minimum of 5 years from the date of the last medical act. That obligation, the content of the record and its confidentiality are the Customer’s responsibility.

Retention and export. During the Agreement, the Customer may export its information. After termination, we keep it for 90 days so that the Customer can request a copy. Since the legal period is longer, the Customer must export and keep its records by its own means before that period expires.

NOM-024. LIVE is not certified under NOM-024-SSA3-2012 (Electronic health record information systems). It does not claim compliance with that standard or interoperability with National Health System systems. If the Customer is required to use a certified system, it must assess whether LIVE is suitable for that use.

Prescriptions and certificates. The PDF documents generated by LIVE are the responsibility of the professional who issues them. They do not replace the forms, special prescription pads or control mechanisms required by the health authority, for example for controlled medications.

Health compliance. Compliance with the General Health Law, its regulations and the applicable Official Mexican Standards, and with professional practice rules, is the Customer’s responsibility, under Section 6 of the Agreement.

Invoicing and taxes

Electronic invoicing. LIVE does not issue Digital Tax Receipts via Internet (CFDI) before the Tax Administration Service (“SAT”). The service’s electronic invoicing feature is available only for Ecuador (Section 7 of the Agreement). For each payment, JIVSoft S.A. issues the receipt required under Ecuadorian regulations. That receipt is not a CFDI.

Price and currency. Prices are stated and charged in United States dollars. Any conversion to pesos is applied by the issuer of the Customer’s payment method.

Mexican taxes. The VAT Law taxes certain digital services provided by non-residents without an establishment in Mexico to recipients located in Mexican territory (Chapter III BIS, arts. 18-B et seq.). Depending on the service and the Customer’s situation, VAT on imported services or income tax withholding on payments to non-residents may also apply.

Who pays them. Those taxes are borne by the Customer and are not included in the price. If the law requires JIVSoft S.A. to charge VAT, it will be added to the price, stated expressly and separately, and shown before payment. If any rule requires the Customer to withhold an amount from the payment to JIVSoft S.A., Section 9 of the Agreement applies: the Customer will pay the additional amount needed for JIVSoft S.A. to receive the full price and will provide the withholding certificate, so that any applicable double taxation treaty can be applied.

Warranties and limitation of liability

The exclusions and limitations in Sections 14 and 15 of the Agreement apply to the extent permitted by Mexican law. They do not exclude liability for willful misconduct (dolo), any waiver of which is null (art. 2106 of the Federal Civil Code), or liability arising from gross negligence, or rights that the law declares non-waivable.

If the Customer is a consumer, clauses that the LFPC deems null in adhesion contracts will have no effect (art. 90 of the LFPC).

Language, notices and authorities

These Mexico Terms are drafted in Spanish, which is the authoritative version. Any translation, including this one, is provided as a courtesy only.

We will send notices to the email address registered on the account and, where appropriate, within the platform. The Customer may notify us at support@jivsoft.com. The parties accept the use of electronic means to enter into the Agreement and to communicate, in accordance with the Commercial Code.

Relevant Mexican authorities: Ministry of Anti-Corruption and Good Governance, personal data protection (https://www.gob.mx/buengobierno); Federal Consumer Protection Agency (https://www.gob.mx/profeco); Ministry of Health (https://www.gob.mx/salud); and Tax Administration Service (https://www.sat.gob.mx).