Legal

Terms and Conditions

Please read these Terms and Conditions carefully before using Custodia's services. By using the platform, you agree to be bound by these Terms.

This is an English translation provided for convenience. In case of any discrepancy, the Spanish-language version of this document shall prevail and is the legally binding original.

Last updated: March 2026

1. Acceptance of the Terms

By accessing and using the services of the Custodia platform (hereinafter “Custodia”), you agree to abide by the following terms and conditions (hereinafter the “Terms”). If you do not agree with any section of these Terms, your use of the service provided by Custodia will be terminated.
These Terms apply to, but are not limited to: all users of the platform, including condominium administrators, owners, residents, security personnel, and any other authorized user.
The user must be of legal age (at least 18 years old) to create and hold an account. If acting on behalf of an organization or company, the user must be fully authorized to accept and abide by these Terms.
Initial registration on the platform requires express and unequivocal acceptance of these Terms, as detailed in the Express Acceptance and Consent Record section. Subsequent updates to these Terms will be notified, and continued use of the platform after such notification will constitute acceptance of the changes.

2. Description of the Service

Custodia is a comprehensive management platform for residential communities and developments that includes: an administrative web portal, a mobile app for residents, a QR-code-based access control system, amenity and reservation management, community communication tools, and operational reports.
The service is available through a monthly or annual subscription, depending on the contracted plan.
Custodia provides the management technology tools and technical support for the platform's operation according to the contracted plan. The configuration, administration, and day-to-day operation of the residential community is the sole responsibility of the contracting user, administrator, or resident.
Custodia disclaims responsibility for, by way of example and not limitation: the initial onboarding, training, and management of operational staff (including guards, gatehouse personnel, and residential community employees) is not included in the service. Custodia is not responsible for the misuse of the platform by, or the training of, such employees.
The user acknowledges that the platform is a support tool and that access, security, and control decisions are the exclusive responsibility of the residential community’s personnel. Custodia does not replace physical security protocols.
The user is responsible for having the necessary devices (phones, tablets, or computers) to use the service. Custodia does not provide work equipment or hardware for the use of its service.
Custodia may provide trial or demo access, which does not guarantee availability, data integrity, or continuity of service.
Custodia reserves the right to update, modify, or discontinue features with prior notice to users.

3. Registration and Accounts

To use Custodia's services, the User must create an account by providing accurate, complete, and up-to-date information. The information requested includes, by way of example and not limitation: first name, last name, and email address (a phone number may optionally be provided).
The User is responsible for maintaining the confidentiality of their access credentials, data, and information, as well as for all activities that occur under their account.
The User must immediately notify Custodia of any unauthorized use of their account.
The administrator is responsible for the accuracy of the information entered into their account, including data of owners, residents, and units.
The administrator is responsible for managing user access within their residential community, including the creation, modification, and revocation of permissions.
Custodia reserves the right to suspend or cancel accounts that violate these Terms.

4. Acceptable Use

Use the platform solely for the residential management purposes for which it was designed.
Not use the service for any illegal, fraudulent, or unauthorized purpose.
Not attempt to access restricted areas of the system or data belonging to other residential communities.
Not transmit viruses, malware, or any code of a destructive nature.
Not interfere with the service, servers, or networks connected to the platform.
Not distribute illegal, offensive, or defamatory content, or content that violates the rights of third parties.
Not share access QR codes with unauthorized persons.
Not use bots, scrapers, or automated tools without express written authorization.
Not harass, abuse, or harm other users through the platform.

5. Privacy and Data Protection

The use of Custodia's services is also governed by Custodia's Privacy Policy, available on the platform.
We comply with the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP, per its Spanish acronym) and other applicable regulations.
By using Custodia's services, the User consents to the collection and use of personal information as detailed in Custodia's Privacy Policy.
The residential community's administrator is responsible for obtaining the consent of residents and owners for the processing of their personal data within the platform.
Custodia acts as the data processor for the data entered by the administrator, who acts as the data controller for such processing.
Data subjects have the right to exercise their ARCO rights at any time: Access (to know what data is held), Rectification (to correct inaccurate data), Cancellation (to request the deletion of their data), and Opposition (to object to the processing of their data). Residents and owners whose data was entered by the residential community's administrator must direct their ARCO requests directly to said administrator, who acts as the data controller. For data collected directly by Custodia during the registration and use of the platform (data of the contracting administrator's account), ARCO requests must be directed to Custodia's contact channels and will be addressed within a maximum period of 20 business days in accordance with the LFPDPPP.
The user is responsible for maintaining independent backups of their critical information. Custodia does not guarantee data recovery in the event of accidental deletion by the user.
By accepting these Terms, the user grants express and specific consent for Custodia to generate and use aggregated, statistical, and anonymized data derived from the use of the platform (hereinafter, the "Aggregated Data"). This Aggregated Data does not contain information that would allow the individual identification of any user, resident, or owner, and does not constitute personal data under the LFPDPPP. Custodia may use the Aggregated Data to improve the service, develop new features, conduct market studies, produce residential sector trend reports, and for commercial or communication purposes, without restriction.

6. Plans and Payments

Plan prices are published on Custodia's pricing page and may be changed with 30 days' prior notice.
The features, limits, benefits, and specific conditions of each subscription plan are described on Custodia's pricing page. That page may be updated to reflect changes to the plans without such updates constituting a modification of these Terms, provided that rights acquired by the User during the current subscription period are not affected.
Payment is processed automatically according to the selected billing cycle (monthly or annual).
Annual plans include a discount and are billed in a single payment.
Payments are non-refundable.
In the event of non-payment, the service may be suspended immediately until the situation is resolved.
You are responsible for all taxes applicable to your subscription under the corresponding jurisdiction.
Volume discounts or special plans apply according to the pricing table in effect at the time of contracting.
Custodia reserves the right to adjust prices annually in accordance with operational costs and the individual costs of keeping each platform running. Any such adjustment will be notified to the user at least 30 days before it takes effect.

7. Intellectual Property

Custodia and its licensors own all intellectual property rights related to the service, including software, source code, designs, logos, trademarks, content, text, and images.
A limited, non-exclusive, non-transferable, and revocable license is granted to use the platform in accordance with the contracted plan.
The user retains the rights to the data they enter into the system. In doing so, the user grants Custodia a limited license to process such data in order to provide the contracted service and to generate anonymized Aggregated Data as set forth in the Privacy and Data Protection section.
Copying, modifying, distributing, reverse engineering, or creating derivative works of the platform without Custodia's express written authorization is strictly prohibited.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, the service is provided "as is" and "as available," without warranties of any kind, express or implied.
Custodia will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the platform.
Custodia does not guarantee that the service will be uninterrupted or error-free. The operational target for monthly availability is 99.9%, which constitutes an internal goal and not a contractual guarantee. If verified monthly availability falls below 99%, the user may request a credit proportional to the documented downtime, which will be evaluated by Custodia within the 10 business days following the request.
Custodia's total maximum liability to the user will not exceed the amount paid by the user in the preceding 12 months.
Failures arising from the user's internet connectivity issues, device malfunctions, or the residential community's local configurations will not be considered service failures.
Custodia will not be liable for operational, physical security, or administrative decisions made by the residential community's personnel based on information from the platform.
Custodia will not be liable for improper use of the platform by users, nor for errors resulting from incorrect information entered by the administrator or their staff.

9. Indemnification

You agree to indemnify, defend, and hold harmless Custodia, its affiliates, directors, employees, and agents from any claim, damage, obligation, loss, liability, cost or debt, and expense (including reasonable attorneys' fees) arising from:
Your use of the service or use by any person under your account.
Violation of these Terms or of any applicable law.
Violation of third-party rights, including intellectual property or privacy rights.
Content, data, or information that you enter, post, or transmit through the service.
Misuse of access QR codes or other credentials under your responsibility.

10. Modifications to the Service

Custodia reserves the right to modify, suspend, or discontinue any aspect of the service at any time.
Material changes to the service or to these Terms will be notified at least 30 days in advance.
The removal or substantial modification of features included in the user's contracted plan will be notified at least 30 days in advance. The addition of new features or minor changes may be made without prior notice.
Continued use of the service after notification of changes constitutes acceptance of those changes.

11. Cancellation and Termination

The user may cancel their subscription at any time from their account settings.
Upon cancellation, the user will have access to the service until the end of the current billing period.
Custodia may suspend or terminate access immediately and without prior notice upon any violation of these Terms, including, by way of example and not limitation: breach of the Acceptable Use section, non-payment, fraudulent activity, compromise of the security of the platform or of other users, and breach of the Restriction on Competitive Use section. The suspension will take effect from the moment Custodia becomes aware of the breach. In the event of disagreement, the user may pursue whatever legal remedies they deem appropriate before the competent authorities, without this creating any obligation for Custodia to restore access during that process.
After cancellation or termination, your data will be retained for 60 calendar days before being permanently deleted. During that period, the user will have read-only access to their information to view and manually copy it. It is the user's sole responsibility to back up their information within that period. Once the 60 days have elapsed, Custodia will have no obligation to retain, recover, or deliver the data, and the deletion will be final and irreversible.
In the event of account suspension due to non-payment, the user will retain read-only access to their data for the purpose of viewing and manually copying it, until they resolve the situation or cancel definitively.
The Intellectual Property, Limitation of Liability, Indemnification, and Governing Law sections will survive the termination of these Terms.

12. Support and Maintenance

Custodia offers technical support according to the level of the contracted plan (email, chat, or phone).
Response times vary by plan: Basic (48h), Control (24h), Admin (4h).
Support covers exclusively the technical operation of the platform. Guidance on the residential community's internal operational processes is not included.
Custodia will perform scheduled maintenance with at least 48 hours' prior notice.
In the event of emergency maintenance, Custodia will notify users as soon as possible.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United Mexican States.
Any dispute related to these Terms will be subject to the exclusive jurisdiction of the competent courts of Cancún, Quintana Roo, with the parties expressly waiving any other venue that might correspond to them by reason of their present or future domiciles, or for any other cause.
For minor disputes, the parties agree to first attempt to resolve the conflict through mediation before resorting to litigation.

14. Force Majeure

Custodia will not be liable for delays, interruptions, or failures caused by circumstances beyond its reasonable control (a "Force Majeure Event").
Force Majeure Events include, by way of example and not limitation: natural disasters, earthquakes, hurricanes, floods, pandemics, acts of war or terrorism, general strikes, large-scale power outages, internet infrastructure failures, disruptions by cloud service providers, or changes in government regulation that prevent the provision of the service.
In the event of a Force Majeure Event, Custodia will make reasonable efforts to restore the service.
If the Force Majeure Event persists for more than 30 calendar days, either party may terminate the contract without liability. In such case, the user will receive a credit, applicable to a future contract, equivalent to the unused time, with no right to a cash refund.

15. Confidentiality

Both parties agree to keep in strict confidence any information they receive from the other party that is designated as confidential or that, by its nature, should be considered confidential.
Custodia agrees not to disclose, sell, rent, or share with third parties the residential community's operational, financial, or resident information, except as necessary to provide the service or when required by law.
The user agrees not to disclose information about Custodia's architecture, non-public features, special pricing, or business strategies that they become aware of within the scope of the contractual relationship.
The confidentiality obligations will remain in effect for the duration of the contract and for a period of 3 years following its termination.
Confidentiality does not apply to information that is in the public domain, that the recipient already knew prior to disclosure, or that must be disclosed by legal mandate or court order.

16. Security Breach Notification

If a security incident is detected that compromises users' personal data, Custodia will notify the affected residential community's administrator within the first 72 hours of becoming aware of the incident.
The notification will include: a description of the incident, the categories and approximate volume of data affected, measures taken to mitigate the impact, and recommendations for the user to protect the affected data subjects.
Custodia will cooperate with the competent authorities in investigating the incident when required.
The user must immediately notify Custodia if they detect any suspicious activity or unauthorized access from their account or residential community.
Custodia maintains technical and administrative security measures consistent with industry standards to prevent security incidents.

17. Subprocessors and Third Parties

To provide the service, Custodia uses external service providers ("Subprocessors") who may have access to user data strictly to the extent necessary for their functions.
The main Subprocessors include, by way of example and not limitation: cloud infrastructure providers (hosting and storage), payment gateways, email delivery services, push notification services, and service analytics and monitoring tools.
Custodia guarantees that all Subprocessors are subject to confidentiality and data protection obligations equivalent to or stricter than those established in these Terms.
Custodia is not liable for failures, interruptions, or conduct of the Subprocessors that are beyond its direct control.

18. Merger, Acquisition, or Change of Control

Should Custodia become subject to a merger, acquisition, sale of assets, or any change of corporate control, it will notify users at least 30 days in advance.
User data may be transferred to the successor entity, provided that it agrees to abide by these Terms and the then-current Privacy Policy.
If the change of control involves substantial modifications to the service's conditions, the user will have the right to cancel their subscription within the 30 days following the notification and will receive a credit equivalent to the unused time, applicable to a future contract, with no right to a cash refund. If such credit cannot be applied within the following 12 months for reasons attributable to Custodia or the successor entity, the user will have the right to request a cash refund of the corresponding amount.
Under no circumstances will user data be sold independently of the service as a commercial asset.

19. Restriction on Competitive Use

The user agrees not to use the platform, or the information, methodologies, or knowledge acquired through its use, to develop, finance, or collaborate in the development of a product or service that directly competes with Custodia.
This restriction applies during the term of the contract and for a period of 12 months following its termination.
Reverse engineering, decompiling, or analyzing the platform's code for competitive purposes is prohibited.
Breach of this clause will entitle Custodia to terminate the contract immediately and to claim the corresponding damages.

20. Express Acceptance and Consent Record

When registering on the platform, the user must expressly confirm their acceptance of these Terms through a positive and unequivocal action (checking a checkbox or equivalent).
Custodia will record and retain evidence of each user's consent, including: the date and time of acceptance and the user's email address.
This record constitutes proof of the contractual agreement between the parties and may be used as evidence in the event of a dispute.
By accepting these Terms, the user acknowledges having read, understood, and accepted all the provisions contained herein, including the Privacy Policy.
Acceptance of these Terms carries the same legal value as a handwritten signature, in accordance with Articles 89 through 114 of the Commercial Code of the United Mexican States, which govern commercial acts and contracts entered into by electronic means between private parties.

21. Data Processing Engagement and Data Transfer

In compliance with Articles 50 through 52 of the Regulations to the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP), the Administrator, in its capacity as Data Controller, formally instructs Custodia, in its capacity as Data Processor, to process the personal data of residents, owners, and visitors exclusively in accordance with the instructions set forth in these Terms and for the purposes described herein.
The Administrator expressly warrants that, prior to uploading personal data to the platform, it has obtained the free, specific, informed, and unequivocal consent of the data subjects, or has another valid legal basis under the LFPDPPP for such processing.
The personal data that the Administrator may upload to the platform includes, by way of example and not limitation: full names, photographs, vehicle license plate numbers, housing units, contact information, and any other data necessary for the operation of the residential community. The Administrator is responsible for limiting data uploads to the minimum necessary for residential management purposes.
Custodia will process personal data solely in accordance with the Administrator's documented instructions and will not use it for its own purposes other than providing the contracted service, except where legally required.
Custodia will implement the technical and administrative security measures necessary to guarantee the confidentiality, integrity, and availability of the personal data processed on behalf of the Administrator.
At the end of the contractual relationship, Custodia will delete or return the personal data to the Administrator as agreed, in accordance with the period established in the Cancellation and Termination section of these Terms.
The Administrator will indemnify and hold Custodia harmless from any claim, penalty, or liability arising from the Administrator's failure to comply with its obligation to obtain data subjects' consent, or any other obligation it holds as Data Controller.

22. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms constitute the entire agreement between the parties regarding the use of the service and supersede any prior agreement.
Custodia's failure to exercise any right does not constitute a waiver of that right.
Assignment of these Terms by the user is not permitted without Custodia's prior written consent.
Notifications to the user will be made through the email address registered on their account.

Questions about the Terms

If you have questions about these terms and conditions, please don't hesitate to contact us:

Phone: +52 998 120 0379