TERMS AND CONDITIONS – ALPHA BITE
- ACCEPTANCE OF THE AGREEMENT
We are pleased to welcome you to https://alpha-bite.com/ (hereinafter referred to as the “Website”), operated by DISTRIBUCIONES EL KILO S.A. DE C.V. (hereinafter, “ALPHA BITE”), a company legally incorporated under Mexican law, with its registered address at Avenida Río Mixcoac 39, 1st Floor, Office 103, Colonia Insurgentes Mixcoac, Benito Juárez, Zip Code 03920, Mexico City.
By accessing, browsing, registering, or contracting services through the Website, you (hereinafter the “User” or “Client”) fully and irrevocably accept these Terms and Conditions of Use and Service Provision (hereinafter the “Agreement”), as well as the Privacy Notice and any other legal documents published on the Website. Acceptance of these terms constitutes a binding agreement between the User and ALPHA BITE.
If the User does not expressly and fully accept this Agreement, they must refrain from using the Website and/or the services offered. Continued access to the Website after any modification of these terms will constitute tacit acceptance of such changes.
- 2. LEGAL CAPACITY TO CONTRACT
The Website is available only to individuals of legal age with full legal capacity to contract under Mexican law, or to legal representatives of entities duly authorized to bind their represented parties. Minors may access the Website only under the supervision and responsibility of their parents or legal guardians.
ALPHA BITE is not liable for actions taken by minors or individuals without legal capacity; any consequences from unauthorized use of the Website are the sole responsibility of their guardians or legal representatives. If unauthorized use by minors is detected, ALPHA BITE reserves the right to immediately suspend access and cancel any pending transaction.
- PURPOSE AND SCOPE OF SERVICE
ALPHA BITE is a company specialized in custom software development, enterprise system integration, and technology consulting. Through the Website, services are offered including, but not limited to: web and mobile application development, enterprise management systems, digital transformation consulting, API integration, e-commerce development, technical maintenance and support, tech audits, and data analysis services.
Services may include both digital products and on-site or remote consulting, as specified in each commercial proposal. ALPHA BITE reserves the right to update, suspend, or discontinue any or all services with thirty calendar days’ notice, without liability to Users who have not contracted current services.
Services may be delivered through different models such as custom development, software licensing, subscription services, project-based consulting, and ongoing maintenance. Technical specifications, scope, deliverables, and timelines will be defined in commercial proposals, which are integral to this Agreement.
- AUTHORIZED USE OF THE WEBSITE
The User agrees to use the Website exclusively for lawful purposes related to contracting technological services and accessing corporate information. The Website must be used in accordance with applicable law, good business practices, and these Terms and Conditions.
It is strictly prohibited to reproduce, distribute, modify, decompile, reverse engineer, or commercially exploit the Website’s content—including source code, databases, designs, texts, images, and other materials—without prior written consent from ALPHA BITE.
The User may not use automated data extraction tools such as bots, scrapers, crawlers, or any software designed to collect information automatically from the Website. Nor may they introduce malware, viruses, worms, trojans, logic bombs, or any code intended to damage or interfere with the Website’s integrity or performance.
Actions that interfere with other Users' experiences, denial-of-service attacks, unauthorized access attempts, identity theft, data manipulation for fraudulent purposes, or actions compromising ALPHA BITE systems’ security are prohibited.
Any violation of these prohibitions will result in immediate account termination, service suspension, reporting to authorities, and/or the initiation of applicable legal actions, without prejudice to the User’s obligation to compensate for damages.
- USER REGISTRATION AND ACCOUNT
To contract services or access specific Website features, the User must register an account providing accurate, complete, verifiable, and up-to-date information. Required data may include full name, address, email, phone number, and any other data necessary for service delivery.
The User is solely responsible for keeping their login credentials—username, password, and other authentication methods—confidential. Any activity performed under the User’s account will be presumed authorized unless the User immediately notifies ALPHA BITE of unauthorized access, providing all available information.
ALPHA BITE reserves the right to reject any registration or suspend accounts if false, incomplete, or fraudulent information is detected or if the User breaches these Terms and Conditions. If suspended, ALPHA BITE will inform the User of the specific reasons and, when possible, provide a reasonable period for correcting the irregularities.
- PRIVACY POLICY AND PERSONAL DATA PROTECTION
ALPHA BITE strictly complies with the Federal Law on Protection of Personal Data Held by Private Parties and its amendments. All personal information provided will be treated according to principles of legality, consent, quality, purpose, loyalty, proportionality, and responsibility.
Personal data will be collected and processed to identify the User, manage service provision, issue invoices, provide technical support, comply with legal obligations, and send service updates, promotions, surveys, or product announcements with the User’s express consent.
Data will be stored on secure servers with appropriate technical and administrative safeguards to prevent unauthorized access, misuse, alteration, or destruction. ALPHA BITE will not share personal data with third parties, except when necessary to deliver services, comply with legal obligations, or with express User authorization.
To exercise access, rectification, cancellation, and opposition rights or obtain more information on personal data handling, consult the Privacy Notice on the Website, which is an integral part of this Agreement.
- 1. SERVICE AVAILABILITY AND DESCRIPTION
The services offered on the Website are subject to technical and commercial availability. ALPHA BITE strives to provide up-to-date and accurate information but does not guarantee that all services will be available at all times or that technical specifications will remain unchanged.
Descriptions, screenshots, demos, and promotional materials are illustrative only and may not exactly represent the final product, which will be defined in each commercial proposal. Development timelines, specific features, and technical characteristics may vary according to project requirements.
Time and budget estimates are based on information available at the time of quoting. Custom software development may require timeline or cost adjustments due to changes in requirements, unforeseen technical complexity, or Client-requested modifications.
- CONTRACTING PROCESS AND COMMERCIAL PROPOSALS
Service contracting begins with a User request via the Website, email, or phone. ALPHA BITE will prepare a detailed commercial proposal outlining service descriptions, technical specifications, timelines, deliverables, payment terms, and project-specific terms.
Once accepted by the User, the commercial proposal becomes part of this Agreement and takes precedence over general terms in case of conflict. The User will have thirty calendar days to accept the proposal, after which ALPHA BITE may revise the offered conditions.
To finalize the contract, the User must confirm acceptance in writing, provide required technical information, and make an initial payment as stated in the proposal. Service provision will begin once all contracting requirements and payments are fulfilled.
- PRICES, PAYMENT METHODS, AND BILLING
All prices are in Mexican pesos (MXN) and include VAT unless otherwise stated. Prices are valid for the period specified in each quote and may be adjusted due to changes in scope, additional requirements, or third-party cost variations.
Accepted payment methods may include bank transfers, credit/debit cards, certified checks, and electronic payment systems, as specified in each proposal. The User agrees to pay according to the terms and methods agreed.
Payments are structured based on defined project milestones and deliverables. Usually, an initial deposit is required to begin work, followed by partial payments and a final balance upon project completion. For subscription or maintenance services, payments will follow the agreed periodic schedule.
If payment processing fails, ALPHA BITE will notify the User and suspend services until resolved. If issues stem from credit/debit cards, the User must contact the card issuer directly. ALPHA BITE does not store banking information, which is processed by third parties under PCI DSS security standards.
Upon payment confirmation, ALPHA BITE will send a confirmation email and, upon request, issue a valid invoice according to tax regulations.
- INTELLECTUAL PROPERTY AND COPYRIGHT
Intellectual property rights over developed software are governed by each specific proposal. Generally, ALPHA BITE retains rights over methodologies, frameworks, tools, and reusable components, while the Client owns rights to the specific code developed for their project.
All Website content, including trademarks, logos, trade names, images, designs, software, databases, texts, and graphics, is the exclusive property of ALPHA BITE or its licensors and is protected by national and international intellectual property law.
Unauthorized use of these materials constitutes an infringement and will lead to legal action. The User does not acquire any intellectual property rights over ALPHA BITE’s assets through Website use or service contracting.
- CONFIDENTIALITY
ALPHA BITE agrees to maintain strict confidentiality regarding all technical, commercial, financial, and strategic information provided by the Client. This obligation continues during service provision and for five years thereafter.
Likewise, the Client agrees to keep confidential ALPHA BITE’s methodologies, processes, techniques, and proprietary knowledge. This is considered trade secret information and unauthorized disclosure may result in legal action.
The confidentiality obligation does not apply to publicly available information, independently developed knowledge, or legally compelled disclosures, provided advance notice is given when possible.
- LIABILITY AND WARRANTY LIMITATION
The User accesses the Website and contracts services at their own risk. ALPHA BITE does not guarantee uninterrupted Website access or complete error-free operation. Nor does it guarantee the Website is entirely free of malware or potentially harmful elements.
ALPHA BITE will use best efforts to provide quality services but does not guarantee specific business outcomes such as increased sales, productivity, or other commercial benefits. ALPHA BITE’s liability is limited to delivering services according to agreed specifications.
In no event shall ALPHA BITE be liable for indirect, incidental, special, punitive, or consequential damages, loss of data, business interruptions, or lost profits, even if advised of the possibility of such damages.
Total liability is limited to the amount paid by the Client for the specific services giving rise to the claim within the twelve months prior to the event.
- TERMINATION AND CANCELLATION
Either party may terminate the contractual relationship with thirty calendar days’ written notice without cause. In such cases, the Client must pay for all services rendered up to the effective termination date.
ALPHA BITE may immediately terminate services without liability if the Client materially breaches their obligations, including late payments beyond thirty days, providing false information, or infringing intellectual property.
Clients may cancel specific services according to proposal terms. Cancellations may incur penalties based on project progress and resources committed by ALPHA BITE.
Upon termination, each party must return or destroy the other party’s confidential information and cease any use of trademarks or copyrighted material.
- FORCE MAJEURE
Neither party will be liable for breaches caused by force majeure or unforeseen events, including natural disasters, war, terrorism, epidemics, third-party service failures, or any event beyond the party’s reasonable control.
The affected party must notify the other as soon as possible and make best efforts to mitigate the impact and resume obligations.
- MODIFICATIONS
ALPHA BITE may modify these Terms and Conditions at any time by publishing updates on the Website. Changes take effect upon publication and apply to services contracted afterward. For ongoing services, modifications apply only with the Client’s express acceptance.
Continued Website use after changes implies tacit acceptance of the new terms. If the User does not accept the changes, they must stop using the Website and may terminate active services per cancellation terms.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the United Mexican States. For disputes not submitted to arbitration, parties submit to the courts of Mexico City, waiving any other jurisdiction.
Users may contact the Federal Consumer Protection Agency (PROFECO) to resolve consumer service disputes under the Federal Consumer Protection Law.
- GENERAL PROVISIONS
If any provision is declared invalid or unenforceable by a competent authority, the remaining provisions remain in full force. Waiving any right does not imply its permanent waiver.
This Agreement constitutes the entire understanding between the parties and supersedes prior agreements. Modifications must be made in writing and accepted by both parties.
Headings are for reference only and do not affect interpretation.
