Terms and conditions of our website

These general Terms and Conditions (hereinafter, the "Terms and Conditions") describe the use of the content, products and services offered through the website http://www.momentocapital.com/ (hereinafter, the "Website"), owned by Momento Capital, S.A.P.I. de C.V. (hereinafter, "Momento Capital"), with its registered address at: Av. Vasconcelos 404, Interior 604, San Pedro Garza García, Mexico.

These Terms and Conditions will be available at the following web address: www.momentocapital.com/aviso-de-privacidad

MOMENTO CAPITAL SAPI DE CV is not an Investment Advisor registered with the National Banking and Securities Commission ("Comisión Nacional Bancaria y de Valores", "CNBV"), because it does not provide portfolio investment recommendations; it only refers business to Independent Advisors authorized by the CNBV, and its participation is limited to providing analytical tools for self-execution by the client or Independent Advisor.

MOMENTO CAPITAL SAPI DE CV offers financial consulting services to institutional clients in Mexico and its responsibility to issue an investment recommendation is limited to certain types of assets; it only presents and connects projects with potential investors. All projects are private; none is opened to the general public or published on our website.

Some of our services are offered exclusively to non-US residents.

Purpose

The purpose of these Terms and Conditions is to regulate access to and use of the Website, meaning any type of content, product or service made available to the general public within the domain www.momentocapital.com.

Momento Capital reserves the right to modify, at any time and without prior notice, the presentation, content, functionality, products, services and configuration that the Website may contain; accordingly, the User acknowledges and accepts that Momento Capital may at any time interrupt, deactivate or cancel any of the elements that make up the Website, or access to them.

The User's access to the Website is unrestricted and, as a general rule, free of charge, without the User having to provide any consideration in order to enjoy it.

Access to some of the content and services of the Website may require prior subscription or registration by the User.

The Website is directed primarily at Users residing in the Mexican Republic. Accordingly, Momento Capital does not ensure that the Website complies, in whole or in part, with the laws of other countries. If the User resides or is domiciled in another country and decides to access or use the Website, the User does so at their own risk and must ensure that such access and browsing complies with the local laws applicable to them, and Momento Capital assumes no liability that may arise from such action.

The User is hereby informed that Momento Capital may administer or manage the Website directly or through a third party, which does not in any way modify the provisions of these Terms and Conditions.

The User

The Services are only available to persons who have the legal capacity to enter into contracts (capacity to exercise rights) under applicable law and who meet the requirements set out in these Terms and Conditions. Consequently, persons lacking legal capacity and Momento Capital Users who have been temporarily suspended or permanently disqualified may not use the Services or products. If the User is a legal entity, its legal representative, who subscribes to and accepts these Terms and Conditions, represents that they have sufficient authority to act and contract on behalf of the Client and/or User and to bind it to the provisions contained in these Terms and Conditions.

Accordingly, as this Website is directed exclusively at persons of legal age, the User represents that they are of legal age and have the legal capacity necessary to be bound by these Terms and Conditions.

Accessing or using the Website confers the status of User of the Website, and the User shall therefore be subject to these Terms and Conditions and any subsequent amendments, without prejudice to applicable law. Given the importance of the foregoing, the User is advised to review any updates made to these Terms and Conditions.

The User is responsible for using the Website in the manner in which it was designed. Accordingly, the use of any type of software that automates interaction with, or the downloading of, the content or services provided through the Website is prohibited, and no action or use of any device, software or other means intended to interfere with the activities and operation of Momento Capital or with its database is permitted.

Any intrusion, attempt or activity by the User that violates or contravenes intellectual property laws and/or the prohibitions set out in these Terms and Conditions will make the User liable to the relevant legal actions and to the sanctions provided for in this agreement, and the User undertakes to pay compensation for any damages caused.

In this regard, the User may not: (i) remove any copyright, trademark or other proprietary notice from any part of the Products and/or Services; (ii) reproduce, modify, prepare derivative works based on, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the Services and/or Products; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link to, mirror or frame any part of the Services and/or Products; (v) cause or launch any program or script for the purpose of scraping, indexing, surveying or otherwise data mining any part of the Services and/or Products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services and/or Products; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services and/or Products or their related systems or networks.

In addition, the User undertakes to use the information, content or services offered through the Website lawfully, without contravening these Terms and Conditions, the law, morality or public order, and shall refrain from any act that may affect the rights of third parties or in any way impair the operation of the Website.

Likewise, the User undertakes to provide lawful and truthful information in any forms and/or information requests made available on the Website in which the User must provide certain data or information to access content, products or services offered by the Website.

In any case, the User shall immediately notify Momento Capital of any event suggesting misuse of the information registered in such forms, such as theft, loss or unauthorized access to accounts and/or passwords, so that they may be cancelled immediately.

Mere access to the Website does not establish any kind of relationship between Momento Capital and the USER.

Access to and browsing of the website

Momento Capital in no way guarantees the continuity and availability of the content, products or services offered through the Website. Nevertheless, Momento Capital will take such actions as are within its means to keep the Website functioning properly, without this implying any liability on the part of Momento Capital.

Likewise, Momento Capital shall not be liable for, nor does it guarantee, that the content or software accessible through the Website is free of errors or malicious software, or that it will not cause damage to the software or hardware of the device through which the User accesses the Website.

Furthermore, Momento Capital shall not be liable for, nor does it guarantee, any results obtained from the use of the Website.

Momento Capital is not responsible for any damage that may be caused, directly or indirectly, by the use of the Website. Under no circumstances shall Momento Capital be liable for losses, damages or harm of any kind arising from mere access to or use of the Website.

Use of this Website is at your own risk, and the User assumes all responsibility and risk of loss arising from its use, including, without limitation, loss of services or information.

Sanctions and suspension of operations

Without prejudice to other measures, Momento Capital may warn, temporarily suspend or permanently disable a User's Momento Capital Account or a publication, apply a sanction that negatively affects a User's reputation, take such actions as it deems appropriate and/or suspend the provision of its Services if: (i) any law, or any of the provisions of these Terms and Conditions and other Momento Capital policies, is breached; (ii) the User fails to comply with any of their obligations as a User; (iii) in Momento Capital's judgment, the User engages in wilful misconduct or fraudulent acts; or (iv) the identity of the User or any information provided by the User cannot be verified, or such information is incorrect.

Privacy and data protection policy

In accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), Momento Capital undertakes to adopt all necessary measures within its reach to ensure the privacy of the personal data collected, so as to guarantee its security and prevent its alteration, loss or unauthorized processing.

In addition, in order to comply with the Federal Law on the Protection of Personal Data Held by Private Parties, all personal data collected through the Website will be processed in accordance with the principles of lawfulness, quality, purpose, loyalty and accountability. All processing of personal data shall be subject to the consent of the data subject. In any case, the use of financial or property data requires the express authorization of the data subjects; such authorization may nevertheless be given through the Website itself using the mechanisms provided for that purpose, and in all cases the utmost diligence and care will be given to this type of data. The same applies to sensitive personal data, meaning data whose misuse could give rise to discrimination or whose disclosure would entail a risk for Momento Capital.

At all times, efforts will be made to ensure that the personal data contained in any databases or files used are relevant, correct and up to date for the purposes for which they were collected.

The processing of personal data will be limited to fulfilling the purposes set out in the Privacy Notice, which will be available at the following web address: www.momentocapital.com/aviso-de-privacidad

Some links on this Website may lead to web pages, resources and tools provided by third parties over which we have no control and which therefore cannot be governed by Momento Capital's Terms and Conditions or Privacy Notice. We therefore recommend that you review the privacy and personal data protection policies of the owners of those web pages. Momento Capital assumes no responsibility whatsoever for data provided by the User through any website other than www.momentocapital.com, without exception, should you decide to visit such web pages, and we do not tacitly or expressly guarantee the content of such websites, their resources and tools, or the links they contain.

Content, resources and tools located outside our Website should not be understood as endorsed by Momento Capital or by third parties. We therefore recommend that, in such cases, you review the privacy notice of each website before disclosing personal information.

Momento Capital reserves the right to modify its Privacy Policy according to its needs or as a result of any change in the law. Accessing or using the Website after such changes will constitute acceptance of those changes.

Furthermore, access to the Website may involve the use of cookies, which are small amounts of information stored in the browser used by the User. Cookies facilitate browsing and do not damage the browsing device; to this end, they may collect information to access the Website and store the User's preferences, as well as the User's interaction with the Website.

This type of information will be used to improve the Website and to detect errors and possible needs the User may have, in order to offer Users better-quality services and content.

If the User does not wish this type of information to be collected, they must disable, reject, restrict and/or delete the use of cookies in their web browser. The procedures for doing so may differ from one browser to another; it is therefore suggested that the User review the instructions provided by the browser developer.

If the User rejects the use of cookies (in whole or in part), they may continue to use the Website, although some of its functions may be disabled.

These cookie policies may change or be updated in the future, so it is advisable to review any updates made to these Terms and Conditions in order to stay properly informed about how and why we use the cookies generated when accessing or using the Website.

Links policy

The Website may contain links, content, services or functions from other websites owned and/or managed by third parties, such as images, videos, comments, search engines, etc.

The purpose of these links, content, services or functions is to improve the User's experience when using the Website, and they may not be considered a suggestion, recommendation or invitation to use external sites. Momento Capital will in no case review or control the content of external sites, nor does it adopt as its own the products, services, content or any other material on such linked sites; accordingly, it does not guarantee the availability, accuracy, truthfulness, validity or legality of external sites that may be accessed through the Website. Likewise, Momento Capital assumes no liability for any damages that may arise from accessing or using the content, products or services available on websites not managed by Momento Capital that may be accessed through the Website.

Users or third parties who create or publish a link to this Website from an external web page must take the following into account:

Reproduction (in whole or in part) of the content, products or services available on the Website is not permitted without the express authorization of Momento Capital or its Owner. False, inaccurate or incorrect statements about the Website or its content, products or services are also not permitted, and Momento Capital may restrict access to the Website for anyone who engages in such acts.

Establishing a link to the Website from any external site does not imply the existence of any relationship between Momento Capital and the owner of the website from which the link is made, nor does it imply that Momento Capital has knowledge of the content, products or services offered on external sites from which the Website may be accessed.

Intellectual property policy

The intellectual and industrial property rights in the Website, meaning the source code that makes it work as well as the images, audio or video files, logos, trademarks, color combinations, structures, designs and other distinctive elements, are protected by Mexican industrial property law and by applicable international treaties. Accordingly, the reproduction, distribution or dissemination of the content of the Website for commercial purposes, in any medium and by any means, without the authorization of Momento Capital, is expressly prohibited, and the User undertakes to respect Momento Capital's industrial property rights. Nevertheless, in addition to viewing the elements of the Website, the User may print, copy or store them, provided this is exclusively for their strictly personal use.

Furthermore, the User shall refrain from deleting, altering or manipulating any element, file or content of the Website, and shall under no circumstances perform acts intended to breach the security of, or the files or databases that are protected, whether through restricted access by username and password or because the User lacks permission to view, edit or manipulate them. The foregoing is subject to the penalties and sanctions established by law.

If the User or any third party believes that any content on the Website infringes industrial property rights, they must immediately notify Momento Capital using the contact details available on the Website.

Governing law and jurisdiction

Momento Capital reserves the right to bring such administrative, civil or criminal actions as it deems necessary for misuse of the Website, its content, Products or services, or for breach of these Terms and Conditions.

Should any dispute arise regarding the interpretation and/or application of these Terms and Conditions, the parties expressly submit to the jurisdiction of the courts of the City of Monterrey, Nuevo León, Mexico, waiving any other jurisdiction that may apply by reason of their present or future domiciles or for any other reason.

Finally, the User agrees that these Terms and Conditions do not create an employment or commercial relationship between the User and Momento Capital.

Authorization and acceptance

By pressing the “Accept” button on the Site, the User acknowledges and declares that they have read, understood and fully accepted the content of these Terms and Conditions in all their parts, agreeing to be governed by all of their provisions and to be subject to applicable laws and regulations. Once the “Accept” button has been pressed, this instrument will be binding on the parties. If the User does not accept these Terms and Conditions, they may not access, browse or use the Site, nor may they use its Services and/or Products or the information available on the Website.

The User agrees to express their consent by electronic means in compliance with the provisions of the Commercial Code (Código de Comercio) and Article 95 Bis, with respect to operations relating to the remote granting of credit and the execution of this agreement.

Likewise, the User agrees that their information may be consulted with Credit Information Companies (Sociedades de Información Crediticia) prior to the granting of credit and as many times as necessary for a period of 3 years, or for as long as the User remains a client of Momento Capital, through electronic means.