(Integration of Article 3 of the GCU/GCS)

3.1. Limited Role of the Platform and Legal Status

The Mister-Servicios platform acts solely as a technical facilitator and digital intermediary. Its role is strictly limited to providing the technology that enables the Paid Intermediation (Mise en Relation Payante) between the Provider and the Client.

Mister-Servicios is not responsible, nor a party to, nor a guarantor of, the service provision contract that is ultimately concluded.

MISTER-SERVICIOS IS NOT THE FINAL SERVICE PROVIDER.

3.2. Exclusion of Liability Regarding the Execution of Services

The Provider and the Client expressly acknowledge and accept that Mister-Servicios will in no case be liable, and disclaims all obligations, guarantees, or responsibilities, with respect to:

  • Quality and Conformity: The execution of the service, its quality, its suitability to the Client’s expectations, the fulfillment of the agreed deadlines, or the actual skills and honesty of the Provider.
  • Damages: Direct, indirect, material, or immaterial damages (including, but not limited to, bodily injury, property damage, or financial losses) that may occur during the execution or non-execution of the service.
  • Legal Compliance of the Provider: The Provider’s compliance with its legal, tax (SAT), social, or any other regulations specific to its activity in Mexico.
  • Contractual Disputes: Any disagreement or dispute that arises between the Provider and the Client in relation to the terms, execution, or payment of the final service.

3.3. Financial Limitation of Liability

In the event that Mister-Servicios’ liability to a User is determined, including within the framework of an action brought before PROFECO (in the event of a Client complaint):

The total and accumulated financial liability of Mister-Servicios to the User will be expressly limited to the total amount of the Contact Costs invoiced and received by the Platform from the Provider in question during the three (3) months prior to the event giving rise to the claim.

The User acknowledges that this limitation is an essential condition for access to the Platform’s services.

3.4. Indemnification by the Provider

The Provider agrees to defend, indemnify, and hold harmless Mister-Servicios against any claim, loss, damage, legal action, or expense (including attorneys’ fees) arising from:

  • A fault, negligence, or illegal act committed by the Provider during the provision of the service.
  • A violation by the Provider of applicable Mexican laws or regulations.