Terms of Service

Last Updated: June 8, 2026 (Version 2).

1. Plain-English Summary (Non-Binding)

This summary is provided for convenience only. It is not part of the agreement between you and the Service Provider and does not replace, limit, or expand the binding terms that follow.

2. Acceptance of Terms

By downloading, installing, accessing, or using FlashPass (the "App") or any related services made available by Movic Technologies, S.A. de C.V. (the "Service," and together with the App, the "Services"), you agree to be bound by these Terms and Conditions (the "Terms") and by all applicable laws and regulations. If you do not agree, you must not access or use the Services.

You represent that you are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher), that you have full legal capacity to enter into this agreement, and — if you are accepting these Terms on behalf of an entity — that you have authority to bind that entity.

3. Definitions

"App" means the FlashPass mobile and/or desktop application, including all updates, patches, and new versions made available by the Service Provider.

"Applicable Law" means all statutes, regulations, orders, and binding guidance issued by any governmental or Regulatory Authority that apply to your use of the Services or to the data you transmit.

"FlashPass," "Service," "Services" have the meanings given in Section 2.

"Lobo:Labs" is a non-binding convenience label occasionally used in product materials to refer collectively to the FlashPass ecosystem (the App, the Service, and related documentation). "Lobo:Labs" is not a legal entity, does not own any rights, does not provide any services, and cannot be a party to any contract. All legal obligations run to and from the Service Provider (and, where expressly stated, Movic LLC in its limited distribution and collection role). Any prior reference to "Lobo:Labs Software" or similar in earlier versions of the Terms is hereby superseded by this Section 3.

"Movic LLC" means the U.S. limited liability company engaged by the Service Provider solely for the distribution and billing functions described in Section 15. Movic LLC is independent from, and not an affiliate of, the Service Provider, and has no role in the design, operation, or delivery of the Service.

"Operator," "User," "you" mean the individual or entity who registers for, subscribes to, or otherwise uses the Services.

"Passenger Data" means personal information about natural persons (whether passengers, crew, or other persons) entered into, stored in, or transmitted by means of the Services, including name, date of birth, nationality, gender, travel-document numbers and images, machine-readable zone (MRZ) data, itinerary details, and contact information.

"Regulatory Authority" means any governmental or supranational authority that imposes compliance obligations in connection with aviation operations, border control, customs, immigration, or the transmission of passenger, crew, or aircraft data. This includes, without limitation and solely by way of illustration: in the United States, U.S. Customs and Border Protection (CBP) and its eAPIS system, the Federal Aviation Administration (FAA), and the Transportation Security Administration (TSA); in Mexico, the Agencia Federal de Aviación Civil (AFAC), the Instituto Nacional de Migración (INAMI), and the Secretaría de Gobernación (SEGOB); in Canada, the Canada Border Services Agency (CBSA) and the Canadian Air Transport Security Authority (CATSA); ICAO member-state civil aviation, customs, and immigration authorities; and any other governmental, supranational, airport, airspace, air-navigation, emergency-response, public-health, or law-enforcement authority — whether participating willingly or becoming involved unwillingly, and whether by design, by operation of law, by request, or by circumstance (including diversion, emergency, inspection, or incident response) — that exercises jurisdiction over, participates in, or is otherwise involved with any part of a flight, trip, operation, or transaction, including any flight path, flight plan, crew list, passenger manifest, cargo manifest, declaration, permit, or similar filing in connection with your operations. The foregoing enumeration is illustrative only and shall not be construed to limit the general meaning of "Regulatory Authority."

"Service Provider," "we," "us," "our" mean Movic Technologies, S.A. de C.V., a corporation organized under the laws of Mexico, which owns, develops, and operates the Services and owns or licenses all intellectual property in them.

4. Entity Structure and Roles

Three distinct actors may appear in connection with the Services. Their roles are fixed by these Terms and cannot be inferred from marketing or support materials.

4.1 Service Provider — Movic Technologies, S.A. de C.V.

The Service Provider is the sole operator of the Service, the sole developer of the App, and the sole owner or licensee of all intellectual property in the Services. All substantive obligations to you under these Terms are obligations of the Service Provider, except as expressly assigned elsewhere.

4.2 Distribution and Billing — Movic LLC

Movic LLC is an independent U.S. entity engaged by the Service Provider solely to: (a) maintain publisher accounts on the Apple App Store and any other application marketplaces on which the App is distributed; (b) publish and distribute the App through those marketplaces; (c) collect subscription fees, in-app purchase amounts, and any other fees from Users through those marketplaces; and (d) collect amounts payable by third-party U.S. providers in connection with the Services, and remit collected amounts to the Service Provider, in each case net of marketplace fees, chargebacks, refunds, taxes, and reserves.

Movic LLC is not an affiliate, parent, subsidiary, joint venturer, partner, or agent of the Service Provider beyond the limited scope described above. Movic LLC has no operational or technical role in the Services and makes no representation or warranty of any kind regarding the Services. Except for obligations arising directly from its payment-handling role, Movic LLC shall have no liability to Users in connection with the Services.

4.3 "Lobo:Labs" — Convenience Label Only

As described in Section 3, "Lobo:Labs" is a non-binding product label. No obligation, representation, warranty, license, or indemnity runs to or from "Lobo:Labs." Wherever "Lobo:Labs" appears in product materials, the obligor or beneficiary (as applicable) is the Service Provider.

5. Eligibility and Language Proficiency

5.1 Age and Capacity

You may use the Services only if you are eighteen (18) years of age or older (or the age of majority in your jurisdiction, if higher) and have the legal capacity and authority to enter into these Terms. The Services are intended for aviation operators, dispatchers, handlers, and similar commercial or private-operation users. The Services are not directed to children, and we do not knowingly collect personal information from children.

5.2 Language Proficiency — English Required

The Services are designed to prepare and transmit communications to Regulatory Authorities whose working language is, or may be, English, and to produce in-App messages, warnings, confirmations, and error messages in English. The following requirement applies to every User and is provided below in multiple languages for the convenience of prospective Users:

English. Use of the Services requires that you speak, read, write, and understand the English language to a level sufficient to: (a) communicate with any Regulatory Authority to the extent that such Authority requires or may require English-language communication; (b) read, understand, and accept these Terms, the Privacy Notice, and any in-App notice, warning, confirmation, instruction, or error message; and (c) operate the App and interpret its outputs, fields, and prompts. If you do not have this level of English proficiency, you must not install, access, or use the Services. By accepting these Terms, you represent and warrant that you meet this requirement.

Español. El uso de los Servicios requiere que usted hable, lea, escriba y comprenda el idioma inglés a un nivel suficiente para: (a) comunicarse con cualquier Autoridad Regulatoria en la medida en que dicha Autoridad exija o pueda exigir comunicación en inglés; (b) leer, comprender y aceptar los presentes Términos, el Aviso de Privacidad y cualquier aviso, advertencia, confirmación, instrucción o mensaje de error dentro de la Aplicación; y (c) operar la Aplicación e interpretar sus resultados, campos y solicitudes. Si usted no posee este nivel de dominio del idioma inglés, no debe instalar, acceder ni utilizar los Servicios. Al aceptar los presentes Términos, usted declara y garantiza que cumple con este requisito.

Français. L'utilisation des Services exige que vous parliez, lisiez, écriviez et compreniez la langue anglaise à un niveau suffisant pour: (a) communiquer avec toute Autorité Réglementaire dans la mesure où celle-ci exige ou peut exiger une communication en anglais; (b) lire, comprendre et accepter les présentes Conditions, l'Avis de Confidentialité et tout avis, avertissement, confirmation, instruction ou message d'erreur dans l'Application; et (c) utiliser l'Application et interpréter ses résultats, champs et invites. Si vous ne possédez pas ce niveau de maîtrise de l'anglais, vous ne devez pas installer, consulter ni utiliser les Services. En acceptant les présentes Conditions, vous déclarez et garantissez satisfaire à cette exigence.

Português. O uso dos Serviços exige que você fale, leia, escreva e compreenda o idioma inglês em um nível suficiente para: (a) comunicar-se com qualquer Autoridade Regulatória na medida em que tal Autoridade exija ou possa exigir comunicação em inglês; (b) ler, compreender e aceitar os presentes Termos, o Aviso de Privacidade e qualquer aviso, advertência, confirmação, instrução ou mensagem de erro dentro do Aplicativo; e (c) operar o Aplicativo e interpretar seus resultados, campos e solicitações. Se você não possuir este nível de proficiência em inglês, não deve instalar, acessar nem utilizar os Serviços. Ao aceitar os presentes Termos, você declara e garante que atende a este requisito.

Translations in this Section 5.2 are provided for convenience only. The English-language version of this requirement is the authoritative expression of the obligation. Section 34 (Language) governs the relationship among language versions of the Terms as a whole.

6. Subscription and Account

A User account is tied to a single eAPIS sender identifier (or equivalent operator identifier issued by a Regulatory Authority) and to a single natural-person User, except where the Service Provider expressly authorizes multi-user access in writing.

You are responsible for keeping your credentials confidential and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly of any suspected unauthorized access.

Your access to the Service is limited to the period for which subscription fees have been paid and have not been charged back or refunded.

We may suspend or terminate your account as described in Section 26 (Suspension and Termination).

7. Permitted Use and License

Subject to your continued compliance with these Terms and payment of applicable fees, the Service Provider grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, and to access the Service, solely for your internal aviation operations.

Except as expressly permitted by Applicable Law that cannot be contractually waived, you shall not, and shall not permit any third party to:

8. Regulatory and Infrastructure Disclaimer

The Services are a transmission and data-management tool. The Service Provider does not represent, warrant, or guarantee that: (a) any Regulatory Authority will accept any submission you prepare or transmit through the Services; (b) the Services will be compatible with the then-current technical requirements of any Regulatory Authority; (c) any Regulatory Authority system will be available, responsive, or functioning correctly at any given time; or (d) any submission will be processed within any particular time frame.

The Services may depend on, and interoperate with, third-party and governmental systems, including (by way of illustration and without limitation) CBP/eAPIS, FAA, and TSA systems in the United States; AFAC, INAMI, and SEGOB systems in Mexico; CBSA and CATSA systems in Canada; systems of any other authority (whether willingly or unwillingly involved) that participates in any part of a flight, trip, operation, or transaction; network providers, cellular carriers, satellite links, push-notification services, cloud-hosting providers, and application marketplaces. We have no control over, and assume no responsibility for, the availability, accuracy, or performance of any such system. All data transmitted through the Services is transmitted AS IS.

9. Operator Responsibility

You are solely responsible for your regulatory compliance, for every use of the Services, and for ensuring that all data used in, stored in, or transmitted through the Services is at all times accurate, complete, current, valid, and lawful. The responsibilities set out in this Section 9 are cumulative and are not narrowed by any other provision of these Terms, by any feature, status indicator, confirmation, or notification produced by the Services, or by any communication from the Service Provider or its personnel.

9.1 Data Accuracy, Currency, and Lawfulness

You are responsible for ensuring that all data you enter into, store in, or transmit through the Services is, at the time of each use and at the time of each submission, accurate, complete, current, valid, up to date, and lawful. This responsibility applies to every category of data, including Passenger Data, crew data, aircraft data, travel-document numbers and expiration dates, itinerary data, operator identifiers, and any supporting documents.

You shall review and update stored data whenever the underlying facts change — including, by way of illustration, when a travel document is renewed, replaced, lost, revoked, or expires; when a passenger's name, nationality, address, or other personal details change; when an aircraft's registration, ownership, or airworthiness status changes; or when a crew member's qualifications, medical certificate, or license status changes. You shall also review all data before each submission to confirm that it remains accurate and current as of the moment of submission. Prior acceptance by a Regulatory Authority of an earlier submission does not establish that currently stored data is still accurate, valid, or sufficient for any subsequent submission.

9.2 Verification of Receipt and of Data as Received

You are responsible for independently verifying, directly with each relevant Regulatory Authority and through that Authority's own official channels, that: (a) each submission has actually been received by the Authority; (b) the submission has been processed and accepted (not merely queued, pending, or rejected); and (c) the data as received and recorded by the Authority matches, field by field, the data you intended to submit. A status indicator, receipt message, confirmation number, or acknowledgment returned to or displayed by the App is informational only and does not establish that any of (a), (b), or (c) has occurred. You must not depart, cross a border, or take any other operational action in reliance on an App-side status alone.

9.3 Submission Is One Step Among Many

Preparing and transmitting a manifest, declaration, permit application, or similar filing through the Services is only one step in a broader regulatory and operational process. Lawful operation, entry, exit, or transit typically requires additional steps — including, without limitation, separate filings with other authorities, payment of fees and duties, inspection of persons, aircraft, or cargo, stamping or recording of travel documents, permit issuance, slot coordination, overflight and landing permissions, customs formalities, and post-arrival or post-departure reporting. The Services do not track, monitor, or warn you of every step required for your operation, and the Service Provider makes no representation that the Services cover any step other than the specific filing you choose to prepare and transmit. A confirmation number, acknowledgment, or verbal approval from an officer or Authority with respect to one step does not establish that any other required step has been completed, or that your operation is in full compliance. You are solely responsible for identifying and completing every step required for your operation.

9.4 Validation Assistance — Best Effort, No Substitute

The Services may include features intended to help you prepare valid submissions, such as format checks, field-level validation, required-field prompts, lookup lists, and built-in reference data. The Service Provider uses reasonable efforts to keep these features aligned with known Regulatory Authority requirements and to update them as requirements change. However, the Service Provider makes no representation or warranty that any validation feature is complete, current, error-free, or suitable for any particular filing. Regulatory requirements change frequently and without notice to us, and a successful validation by the App does not mean that the submission will be accepted by the Authority or that the data is correct. You must independently verify that your data satisfies the Authority's then-current requirements. The availability of validation features does not shift responsibility for data accuracy, completeness, or compliance from you to the Service Provider.

9.5 Computed Values and Time-Based Calculations

The App may compute, display, or transmit derived values based on data you enter, including (by way of illustration and without limitation) time-zone offsets, local times at departure and arrival, estimated time of departure, estimated time of arrival, flight duration, day-of-flight calculations, and similar time-based results. Newer releases of the App may increasingly rely on automated lookups of airport and regional time-zone data to produce these values. The Service Provider uses reasonable efforts to compute such values accurately, but time-zone rules, daylight-saving transitions, regional exceptions, and airport operating times change over time and may not be reflected in the App at all times. You are responsible for independently verifying every computed value before relying on it for a regulatory submission, a flight plan, a passenger communication, or any operational decision. The Service Provider makes no representation or warranty that any computed value is correct, current, or suitable for any particular purpose.

9.6 Reference Data and Regulatory Currency

The App includes reference data and lookup tables (airport codes and coordinates, airport approval and operating information, customs and immigration ports of entry, country and nationality lists, regulatory codes, document-type catalogs, and similar). Airports, fixed-base operators, aviation authorities, customs authorities, immigration authorities, and other Regulatory Authorities may change their requirements, rules, procedures, forms, data schemas, operating hours, approval status, or operating restrictions at any time and without notice to us. Individual airports and fixed-base operators may impose their own local rules independently of national authorities. The Service Provider uses reasonable efforts to keep reference data and requirement implementations current and to update the App in response to known changes, but makes no representation or warranty that the App reflects the then-current requirements or lookup data of any Authority or airport. You and any pilot-in-command are solely responsible for being informed of all applicable changes and for complying with the then-current requirements and rules, even where the App presents no warning, no error, no update prompt, and no indication that a change has occurred.

9.7 Technology and Connectivity Risk

Data submitted through the Services passes through your device, local storage, network infrastructure, third-party providers, and Regulatory Authority systems, any of which may fail, degrade, or introduce corruption. You acknowledge this risk and remain solely responsible for the content, accuracy, and integrity of each submission even if data is lost, delayed, truncated, altered, or corrupted in transit or at rest due to any cause, including device failure, operating-system failure, storage failure, network or connectivity failure, or outage of a third-party provider or Regulatory Authority system. This Section 9.7 does not enlarge or limit the liability provisions in Section 23.

9.8 Government Fines and Penalties

Any fine, penalty, surcharge, assessment, forfeiture, sanction, civil money penalty, detention cost, demurrage, storage or handling fee, re-inspection fee, or similar charge imposed by any Regulatory Authority on you or on any person, aircraft, cargo, or asset you are responsible for (collectively, "Government Charges") is your sole responsibility. You shall pay Government Charges directly to the Authority and shall not seek reimbursement, indemnification, offset, or contribution from the Service Provider or Movic LLC. This allocation applies regardless of cause, including where the Government Charge arises from or is attributable to a defect, failure, outage, error, delay, misclassification, validation miss, out-of-date reference data, or other act or omission of the App, the Service, the Service Provider, Movic LLC, or any third-party system, and it is subject only to the mandatory-liability carve-outs set out in Section 23.

9.9 Record-Keeping

You are responsible for retaining copies of all submissions, confirmations, and related records for the periods required by Applicable Law, independently of any retention by the Service Provider.

9.10 Licenses, Certifications, and Authorizations

You are responsible for obtaining and maintaining all licenses, certifications, authorizations, operator identifiers (including eAPIS sender IDs and equivalent foreign identifiers), and permissions required for your operations and for the transmission of Passenger Data.

9.11 No Substitute for a Compliance Program

The Services do not replace your own compliance program, record-keeping, training, quality controls, or internal controls. You must independently verify that your use of the Services satisfies your regulatory obligations.

10. No Legal or Compliance Advice

Nothing in the Services, in any documentation, in any support communication, or in any automated suggestion, template, wizard, or artificial-intelligence feature constitutes legal, regulatory, immigration, customs, or compliance advice. You should seek advice from qualified professionals before making decisions that depend on compliance with Applicable Law.

11. Privacy and Data Protection

The Service Provider processes personal data in accordance with its Privacy Notice, which is incorporated into these Terms by reference. The Service Provider is a "responsable" within the meaning of the Mexican Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP) with respect to data it controls, and processes certain data as a service provider or processor on behalf of Users with respect to Passenger Data (see Section 12). We do not sell personal data. We apply reasonable administrative, technical, and physical safeguards appropriate to the risk posed by our processing activities. Where Users or their passengers are located in a jurisdiction with additional data-protection requirements (such as the European Union's GDPR or California's CCPA/CPRA), additional terms set out in the Privacy Notice may apply.

12. Passenger Data and Third-Party Personal Information

The Services necessarily involve the processing of personal information about natural persons other than you (passengers, crew, and contacts). With respect to Passenger Data:

13. Data Retention

We retain data for as long as is necessary to: (a) provide the Services; (b) comply with our legal, tax, accounting, and regulatory obligations; (c) resolve disputes and enforce our agreements; and (d) maintain reasonable backups and audit logs. Retention periods for specific categories are set out in the Privacy Notice. After a retention period expires, we will delete, anonymize, or archive the data as appropriate.

14. Data Security Disclaimer

We implement technical and organizational measures designed to protect data against unauthorized access, alteration, disclosure, and destruction. No system, however, is completely secure. We do not guarantee absolute security, and you acknowledge that transmission over the Internet and mobile networks carries inherent risk. You are responsible for security at your end, including device security, screen-lock controls, credential hygiene, and secure Wi-Fi.

15. Government Disclosure and Legal Process

We may access, preserve, and disclose data when we reasonably believe it is necessary to: (a) comply with Applicable Law, legal process, or a binding governmental request; (b) protect the safety of any person; (c) enforce these Terms; (d) detect, prevent, or address fraud, security, or technical issues; or (e) protect our rights or property. Where legally permitted, we will notify you of such requests.

16. Intellectual Property

All right, title, and interest in and to the App, the Service, the FlashPass name and marks, and all related content, designs, software, algorithms, documentation, and know-how are owned by the Service Provider or its licensors and are protected by copyright, trademark, patent, trade-secret, and other laws. No rights are granted to you by implication, estoppel, or otherwise, except for the limited license expressly granted in Section 7. You retain all rights in the data you enter into the Services; you grant the Service Provider a worldwide, royalty-free license to host, copy, transmit, display, and process that data as necessary to provide and improve the Services and to comply with Applicable Law. Feedback you provide about the Services is non-confidential, and you grant the Service Provider a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose.

17. Payments, Subscriptions, and Auto-Renewal

Fees for the Services are billed and collected by Movic LLC through the applicable application marketplace (primarily the Apple App Store) or, where applicable, directly from third-party U.S. providers that support your operations. Movic LLC remits collected amounts to the Service Provider under a separate arrangement.

18. Apple App Store Terms

If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and the Service Provider, not Apple Inc. ("Apple"), and that Apple has no responsibility for the App or its content. To the maximum extent permitted by Applicable Law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are the sole responsibility of the Service Provider. Apple is not responsible for addressing claims by you or any third party relating to the App or your possession and/or use of the App, including product-liability, consumer-protection, and intellectual-property claims. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. Third-Party Services

The Services may incorporate, link to, or rely on services operated by third parties, including but not limited to regulatory transmission endpoints, map and geolocation providers, cloud hosting, push-notification services, identity-verification services, speech and machine-learning services, and payment and marketplace providers. Your use of such third-party services may be subject to those providers' own terms. We are not responsible for third-party services and do not endorse them. If a third-party service becomes unavailable or changes its terms, we may modify or remove related features without liability.

20. Service Availability and No SLA

The Services are hosted in data centers selected by the Service Provider, which may be located inside or outside Mexico and the United States. We do not provide any service-level commitment (uptime guarantee, response-time guarantee, or similar) unless expressly set out in a separate written agreement signed by an authorized representative of the Service Provider. We may perform scheduled or emergency maintenance, and may modify, suspend, or discontinue any feature at any time.

21. On-Device Scanning and AI-Assisted Features

21.1 On-Device Document Scanning

Certain features of the App — including passport and travel-document scanning and machine-readable-zone (MRZ) parsing — are performed entirely on your device by system-level frameworks supplied by the device operating system (for example, Apple's Vision framework on iOS). The underlying document image is captured and processed locally on your device. The Service Provider does not access, receive, store, or transmit the captured image, and the image is not uploaded to any server operated by or on behalf of the Service Provider or Movic LLC. Only the text values that you review and confirm (such as the passenger's name, document number, date of birth, nationality, and expiration date), together with any data you subsequently edit or enter, are saved within your App data and, where you initiate a submission, transmitted as part of that submission. Accordingly, the Service Provider does not act as a controller or processor with respect to the raw document image under any data-protection law. The accuracy, availability, and behavior of on-device scanning depend on the operating system and device you use, and are subject to the terms imposed by the device operating-system provider. You are responsible for capturing documents only from persons who have authorized the capture and for handling any locally cached image material in accordance with Applicable Law.

21.2 AI-Assisted and Best-Effort Features

Features that rely on automated inference or machine learning — including MRZ text extraction, optical character recognition, speech synthesis or transcription, and any drafting, summarization, or suggestion feature — are provided on a best-effort basis and may produce incorrect, incomplete, or misleading output. You must independently verify any such output before relying on it for a regulatory submission or operational decision. Features designated "beta," "preview," "experimental," or similar are provided AS IS, may be withdrawn at any time, and are excluded from any warranty.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE SERVICE PROVIDER AND MOVIC LLC DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SERVICE PROVIDER AND MOVIC LLC UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL THE SERVICE PROVIDER OR MOVIC LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

Without limiting the generality of the foregoing, the Service Provider and Movic LLC shall have no liability for, and shall have no obligation to pay, reimburse, indemnify, or offset, any Government Charges (as defined in Section 9.8) imposed on you or on any person or asset you are responsible for by any Regulatory Authority, regardless of cause. Nothing in these Terms limits or excludes liability to the extent that such limitation or exclusion is not permitted by Applicable Law.

24. Indemnification

You shall defend, indemnify, and hold harmless the Service Provider, Movic LLC, and their respective officers, directors, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of Applicable Law; (c) your infringement or misappropriation of any third-party right; (d) your data, including Passenger Data, or your lack of a sufficient legal basis to process it; or (e) any submission, filing, or communication you cause to be made through the Services.

We will promptly notify you of any claim subject to indemnification, allow you to control the defense (with counsel reasonably acceptable to us), and reasonably cooperate at your expense. You may not settle any claim in a manner that imposes any obligation or admission on the indemnified parties without their prior written consent.

25. Third-Party Protection

No officer, director, employee, contractor, advisor, or agent of the Service Provider or of Movic LLC shall have any personal liability to you in connection with the Services or these Terms. This Section 25 is intended to benefit such persons as third-party beneficiaries.

26. Force Majeure

Neither party shall be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, armed conflict, acts of terrorism, civil unrest, epidemics or pandemics, labor disputes, governmental actions or orders, cyberattacks (including distributed denial-of-service and ransomware), failures of telecommunications or Internet infrastructure, failures of upstream cloud or marketplace providers, and disruptions to energy supply.

27. Suspension and Termination

We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe that: (a) you have breached these Terms; (b) your account is delinquent; (c) your use of the Services poses a security, legal, or regulatory risk; or (d) we are required to do so by Applicable Law or by a Regulatory Authority. You may terminate these Terms at any time by cancelling your subscription and uninstalling the App.

28. Effect of Termination on Data

You are responsible for exporting or otherwise preserving any data you need before termination. After termination, we may delete or retain your data in accordance with our retention schedule, our backup cycle, and Applicable Law. Upon written request received within thirty (30) days after termination, we will use reasonable efforts to provide a one-time export of your data in a machine-readable format, subject to a reasonable fee for extraordinary requests.

29. Modifications to the Terms

We may modify these Terms from time to time. The “Last Updated” date at the top reflects the current version. For material changes, we will provide at least thirty (30) days’ advance notice by in-App notification, email to the address associated with your account, or a conspicuous notice within the Services. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree, your sole remedy is to stop using the Services and cancel your subscription before the effective date.

30. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Mexican States, without regard to conflict-of-laws principles. Subject to Section 31, the parties submit to the exclusive jurisdiction of the competent courts of Monterrey, Nuevo León, Mexico, and waive any objection to venue or forum non conveniens. This Section 30 does not deprive consumers of any mandatory protections of the law of their habitual residence, where Applicable Law makes those protections non-waivable.

31. Dispute Resolution — Notice and Cure

Before initiating any formal proceeding, the complaining party shall deliver a written notice to the other party describing the dispute in reasonable detail and the relief sought. The parties shall attempt in good faith to resolve the dispute within thirty (30) days after delivery of the notice. This Section 31 does not prevent either party from seeking urgent injunctive or equitable relief where necessary to prevent irreparable harm.

32. Export Controls and Sanctions

You represent and warrant that: (a) you are not located in, and are not a national or resident of, any country that is subject to a comprehensive embargo by Mexico, the United States, the European Union, or the United Nations; (b) you are not listed on any restricted-party or sanctioned-person list administered by any of the foregoing; and (c) you will not use the Services in violation of any applicable export-control or sanctions law.

33. Notices and Contact Information

We may provide notices to you by in-App notification, email to the address associated with your account, or by posting within the Services. You must provide notices to us in writing to the address below, with an electronic copy by email.

Service Provider — Movic Technologies, S.A. de C.V.
Attention: Legal Department
Humberto Lobo 2000, Colonia Del Valle
San Pedro Garza García, Nuevo León, 66220, Mexico
Email: apps@movic.mx
Data-protection requests (ARCO rights under LFPDPPP): apps@movic.mx

34. Language

These Terms may be made available in Spanish and English. In the event of any conflict or inconsistency between language versions, the Spanish-language version shall prevail, except to the extent that Applicable Law in a User’s jurisdiction requires otherwise.

35. Miscellaneous

35.1 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.

35.2 Severability

If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

35.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

35.4 Entire Agreement

These Terms, together with the Privacy Notice and any order form or separate written agreement signed by an authorized representative of the Service Provider, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, including any prior version of the Terms.

35.5 Survival

Sections 3 (Definitions), 4 (Entity Structure), 7 (Permitted Use and License — restrictions only), 8–10 (Regulatory/Operator/No Advice), 13–16 (Retention/Security/Government Disclosure/IP), 22–25 (Disclaimer/Liability/Indemnification/Third-Party Protection), 28 (Effect of Termination on Data), 30–34 (Governing Law/Dispute Resolution/Export/Notices/Language), and this Section 35 survive termination of these Terms.