Terms and conditions

1. Acceptance

This is a courtesy translation of a document originally written in Spanish. Peaking is operated by Magnesia Healthtech SAPI de CV, a Mexican company, and these terms are governed by Mexican law. In the event of any discrepancy, the Spanish version prevails.

These terms and conditions of use (the "Terms") govern access to and use of the website peaking.ai and its subdomains (the "Site"), operated by Magnesia Healthtech SAPI de CV ("Peaking AI"). By accessing the Site, browsing it or using its forms, you accept these Terms. If you do not agree, we ask that you not use the Site.

If you use the Site on behalf of a company, you represent that you have authority to bind that company in relation to these Terms.

2. Site owner

• Legal name: Magnesia Healthtech SAPI de CV
• Address: Avenida Fuente del Parque 218, San Luis Potosí, San Luis Potosí 78280, Mexico
• Contact email: admin@peaking.ai

3. Purpose of the Site

The Site is informational and commercial in nature: it presents the Peaking AI artificial intelligence platform for industrial suppliers and distributors, and allows interested parties to request a demonstration or contact us.

The Site is aimed at companies and professionals. The platform is not contracted through the Site: it is formalized through a separate proposal, agreement or service order, whose terms will prevail over these Terms in everything they cover.

4. Requesting demonstrations

When you request a demonstration, you undertake to provide truthful, current business contact information. The date and time you choose are subject to confirmation by Peaking AI, which may propose another time or reschedule the meeting for justified reasons, giving you as much notice as possible. We ask that you let us know if you cannot attend.

The demonstration is free of charge and creates no obligation to contract for either party. The examples, simulations, scenarios and results shown in it are illustrative and do not constitute a guarantee of results for your company.

5. Information, pricing and scope

We aim to keep the information on the Site accurate and current, but it may contain inaccuracies or become out of date. Descriptions of features, figures, use cases and, where applicable, published prices or price ranges are for reference only and do not constitute a binding offer. The applicable conditions will be those set out in the proposal or agreement that is signed, if any. Peaking AI may modify the content of the Site at any time.

6. Permitted use

You undertake to use the Site lawfully, in accordance with these Terms and in good faith. In particular, you may not:

• Enter false information, information belonging to third parties without their authorization, or information that impersonates another person or company.
• Send unlawful, offensive or defamatory content, or content containing viruses, malicious code or any element that could damage the Site or third parties.
• Attempt to gain unauthorized access to systems, accounts or information belonging to Peaking AI or its clients, or to circumvent its security measures.
• Extract content from the Site in bulk or by automated means (for example through scraping or bots), or use it to train artificial intelligence models, without prior written authorization.
• Reverse engineer, copy or reproduce the design, functionality or materials of the Site in order to develop competing products.
• Use the forms or contact channels to send unsolicited advertising or bulk communications.

7. Intellectual property

The Site and its contents, including text, graphics, logos, trademarks, trade names, images, video, software, code, design and the selection and arrangement of those elements, are the property of Peaking AI or its licensors and are protected by the Mexican Federal Copyright Law, the Mexican Federal Law for the Protection of Industrial Property and applicable international treaties.

You are permitted to view the Site and to download or print materials for internal evaluation of our services. Any other use, reproduction, distribution, modification or public communication requires prior written authorization from Peaking AI. Third party trademarks appearing on the Site belong to their respective owners, and their mention does not imply sponsorship or a commercial relationship unless stated.

8. Feedback and suggestions

If you send us ideas, comments or suggestions about our products, you agree that Peaking AI may freely use them to improve its services, with no obligation to compensate you, provided no confidential information belonging to your company is disclosed.

9. Electronic communications and messaging

You agree that communication with Peaking AI may take place by electronic means, including email and messaging platforms. Under the Mexican Commercial Code, the data messages we exchange are valid and may be used as evidence.

The messaging links on the Site direct you to a third party service (Meta Platforms), whose use is governed by that provider terms and privacy policy. Our replies through those channels may rely on automated or artificial intelligence tools; you may request a human at any time. We ask that you not send confidential information, passwords or sensitive personal data through these channels.

10. Third party links and services

The Site may contain links to or integrations with third party sites and services, such as scheduling, video conferencing or messaging tools. Peaking AI does not control and is not responsible for their content, availability or privacy practices, and their use is subject to each third party terms.

11. Personal data

The processing of the personal data you provide through the Site is governed by our privacy notice, available at peaking.ai/en/privacy, which forms part of these Terms.

12. Availability and disclaimer of warranties

The Site is provided "as is" and "as available". Peaking AI does not warrant that the Site will operate uninterrupted or error free, nor that it will be free of viruses or other harmful components, although it applies reasonable measures to prevent them. We may suspend, restrict or modify the Site, in whole or in part, for maintenance, security or any other justified reason.

The warranties and service levels for the Peaking AI platform will be those set out in the corresponding services agreement, where applicable.

13. Limitation of liability

To the maximum extent permitted by applicable law, Peaking AI will not be liable for indirect damages, lost profits or loss of information arising from the use of or inability to use the Site, from decisions taken on the basis of its content or of the demonstrations, from failures of third party services, or from events of force majeure.

This limitation does not apply to damages caused by wilful misconduct or gross negligence on the part of Peaking AI, and it does not restrict rights granted on a non waivable basis by applicable law.

14. User responsibility

You will be liable to Peaking AI and to third parties for damages caused by your breach of these Terms or by unlawful use of the Site, including reasonable defense costs arising from third party claims connected to that breach.

15. Consumers

The Site and the Peaking AI services are aimed at companies, so in general they do not create consumer relationships. Should any user qualify as a consumer under the Mexican Federal Consumer Protection Law, nothing in these Terms limits the rights that law grants them, and they may approach the Procuraduría Federal del Consumidor.

16. Changes to the Terms

Peaking AI may modify these Terms at any time. The version in force will be published on the Site with its last updated date. Use of the Site after publication constitutes acceptance of the modified Terms.

17. Severability and assignment

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in force. A failure by Peaking AI to exercise a right does not constitute a waiver of that right. Peaking AI may assign its rights under these Terms in the context of a corporate reorganization.

18. Governing law and jurisdiction

These Terms are governed by the federal laws of the United Mexican States, including the Commercial Code. For their interpretation and performance, the parties submit to the jurisdiction of the competent courts of San Luis Potosí, San Luis Potosí, Mexico, waiving any other venue that might correspond to them by reason of their present or future domicile, except for any non waivable rights corresponding to consumers.

19. Contact

For any question about these Terms, write to us at admin@peaking.ai or at Avenida Fuente del Parque 218, San Luis Potosí, San Luis Potosí 78280, Mexico.