Welcome to Omaisha!

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Ubhuru Technologies, Inc., through Omaisha, the special platform that it has developed with the support of specialists in this field, helps reduce depression and anxiety in the workplace through practical knowledge.

The services accessible through https://www.omaisha.com/?lang=es   (the “Website”) and the Omaisha digital platform (the “Platform”) (the “Services ”) are provided by us, Uburu Technologies, Inc., (the “Company” or “We”) registered at 680 Mission St, San Francisco, California, United States.

 

These terms of use (“Member Agreement” or “Terms”) contain the terms and conditions of the services we provide through the Website and the Platform, and apply to those who visit the Website or use the Platform (“You ” or “Member”). We recommend that you read this Member Agreement carefully and, if you do not agree with the Terms, you must refrain from accessing the Website or using the Platform. If you have any questions or concerns about the Terms, please feel free to contact our member care team via email.

 

By using our Services, you also accept and acknowledge our Privacy Notice, which explains how we treat our members' personal data and also explains your rights under applicable Data Protection Laws.

 

When using our Services through the Platform and/or downloading through a third party, including, without limitation, the Apple App Store and the Google Play Store, additional terms and conditions of such third party apply, along with the provisions of this Member Agreement.

What Omaisha does and how it works

On an individual level, Omaisha allows its members to reduce depression and anxiety through practical knowledge that we make available to you.

 

Business-wise, Omaisha offers surveys, results,  interpretations and reports of the measurement instruments indicated in NOM-035 (Psychosocial risk factors at work-Identification, analysis and prevention), as well as recommendations individual and organizational with the purpose of complying with said Official Standard to promote healthier and more favorable organizational environments that positively impact the business. To access the full functionality of Omaisha, it is necessary to have a premium membership (See memberships, functionalities and available plans ) , which allows the business user to access the reports generated from the surveys answered by their company's collaborators, thus allowing them to know directly the results that allow them to determine if any intervention at the organizational level is necessary, or if any of the company's collaborators needs to be channeled to some s External medical and/or psychological service.

The business reports are generated from the information corresponding to each company name and their respective collaborators; therefore, to optimize the use of Omaisha and take advantage of the multiple advantages that the Platform offers, the plan that is appropriate to the characteristics of each organization must be contracted; that is, a plan must be contracted for each company.

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Who can use our services

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Our members must be at least 18 years old or the minimum legal age in the country in which the member uses this platform. Omaisha is intended for the working population that operates in Mexican territory. Therefore, it is not intended for use by, nor is it directed at, persons under the age of 18. If you are not 18 years of age or at least the minimum legal age in your country, please refrain from visiting the Website or using the Platform. 

If you are not at least 18 years of age or the minimum legal age in your country, you will be deemed to have received the explicit consent of your parents or legal guardians to use our Services and to be bound by these terms and conditions.

Member Profiles 

Profile

Description / role

business user

Person who registers a company in Omaisha and will be responsible for managing (at an internal corporate level) the information generated on the platform from the questionnaires answered by the company's collaborators (Within the platform, these members can be identified with the user profile).

The type of information and functionalities that the business user can access will depend on the membership they have acquired. (See memberships, features and available plans ).

user

Person who works in a company that will take advantage of Omaisha's functionalities.

The user (user) is the one who responds to the NOM-035 survey and will receive the results and interpretations of these, as well as individual recommendations ad hoc to the results obtained. 

The creation of an account with this profile also gives you access to the monitoring and follow-up of the results of the implementation of the recommendations provided, as well as information that could be important for the population range to which it belongs.

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Our Services are intended to be used in accordance with the terms and conditions set forth herein. We reserve the right to suspend the Services and cancel your account if we suspect or confirm that your use of the Platform and/or the Website is for purposes other than those indicated in this contract._cc781905-5cde-3194-bb3b- 136bad5cf58d_ Likewise, you acknowledge that you will not be able to demand any compensation under any name if the latter were to occur.

As a member (either business user or user) you accept, declare and undertake to use the site and the Platform according to your type of membership and the functionalities that correspond to it, respecting at all times the terms and conditions established here._cc781905-5cde -3194-bb3b-136bad5cf58d_

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Account creation and security:

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To access our platform, you must create an Omaisha account (either free or premium business membership) by providing an email and creating a password, or you can sign in through your Google or Facebook account.

By becoming a member of Omaisha with a business user profile, you will be able to send the corresponding invitations to the members of the company in which you will use the platform, through said invitation, the company's collaborators will be able to conclude their registration as members of Omaisha, creating your user profile. 

If for any reason it becomes necessary to reset your password, when entering our platform, you must click on the link Did you forget your password? in which you must enter the email with which you registered in Omaisha. Later, you will receive an email containing the instructions for resetting the password.

If your account is free and you wish to unsubscribe, you can do so at any time from your profile, by clicking on the link created for these purposes. All personal information will be deleted immediately.

In the case of premium memberships, these can be unsubscribed from the platform in the same way as free accounts. However, due to local regulations, the records generated by the collaborators of an organization (users) must be protected by Ubhuru for a period of 5 years after the account is closed. The protection of these records meets the information blocking standards required by the corresponding laws.

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Memberships, features and plans available:

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Omaisha has two types of membership, free and premium; both are of a business type and depending on the profile and type of membership you have, you will be able to access different functionalities that are described below.

Free Membership: You can access our Services that do not require payment (“Free Services”) through the use of a “Free Membership” by creating an account on the platform, using your email, or by logging into Omaisha through Google. or Facebook. 

If you are a collaborator of a company that uses Omaisha as a corporate tool for monitoring, measurement and compliance with NOM-035, you can activate your membership by creating your user profile by receiving a corporate invitation. It is important that before creating your account, you confirm that the sender belongs to the company of which you are a part, or that it is an external authorized by the company where you work. In the event that you suspect or detect any anomaly, we would appreciate it if you would immediately report it to your company's administrator and to our email. The profiles and functionalities of the free membership are:

Profile

Features

Business user:

Register a company, enter the list of collaborators, manage and administer the application of surveys to collaborators.

User:

Complete your membership (user profile), access the NOM-035 questionnaires and the results of the questionnaires (not downloadable or printable), receive individual recommendations (personal), ad hoc to the results obtained; access the monitoring and follow-up of the results of the implementation of the recommendations provided, as well as information that could be important for the population range to which it belongs.

 

The functionalities of this type of account are limited and it is possible that there will be changes or additional limitations. This could happen for any reason and at any time without notice.

Premium Membership: You can access our Services that require payment (“Paid Services”) through a “Paid Annual Subscription” and make your company a “Premium Member” for an annual period. The cost depends on the number of collaborators that make up the workforce. 

The profiles and functionalities of the premium membership are:

Profile

Features

Business user:

Register a company, enter the list of collaborators, manage and administer the application of surveys to collaborators; receive in downloadable and printable format the results and reports of the results of the surveys answered, as requested by the STPS; access to individual (personal), managerial and organizational recommendations ad hoc to the results obtained.

User:

Complete your membership in the collaborator profile, access the NOM-035 questionnaires, access the results of the questionnaires, receive individual (personal) recommendations, ad hoc to the results obtained; access the monitoring and follow-up of the results of the implementation of the recommendations provided, as well as information that could be important for the population range to which it belongs.

The premium membership can be contracted directly by a company that wishes to use Omaisha as a corporate monitoring and compliance tool for NOM-035, or by a third party outside the company(ies) that decides to rely on the Omaisha platform. to provide organizational consulting services, including support in compliance with NOM-035; in which case, you must acquire a plan per company according to the characteristics of the workforce that each company has.

Premium Membership can be purchased directly by paying a subscription fee in advance on a monthly or yearly basis (“Recurring Subscription Fee”).

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The plans and costs that we have available can be consulted at https://www.omaisha.com/plans-pricing?lang=es

Price changes:

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The price of the Paid Subscription will be respected during the period in which the service has been contracted. In the event of any price adjustment, we will duly notify you close to the expiration period of the service. 

 

In any case, the price change will take effect at the beginning of the next subscription period after the date of the price change. In case you do not agree with the price change, you can reject this increase by canceling the subscription to the Paid Subscription by not re-contracting the service.

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Automatically recurring subscriptions and how to cancel them:

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If you are using the Paid Services by paying a recurring monthly fee, payment will automatically renew at the end of the then-current subscription period unless you cancel the Paid Subscription before the end of the subscription period by sending your request to us. . 

 

We want you to know that such cancellation will take effect at the end of the then-current subscription period and you will not be refunded for the subscription period in which you canceled the Paid Subscription. 

 

To avoid discrepancies, you will not receive a refund for the Subscription Fee you have already paid during the current subscription period and you will continue to receive the Paid Services requested until the end of the current subscription period (monthly, yearly).

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Enterprise account testing: 

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We may periodically offer trials of Business Accounts for specified periods (“Trial Period”) without payment. Any Trial or other promotion that provides access to Paid Services must be used within the specified Trial Period. 

To be entitled to these trial exercises, it will be necessary to make a payment that will not generate any charge during the corresponding trial period. However, by providing payment details, you agree and acknowledge that you will be charged the specified subscription fee unless you cancel the applicable paid subscription within the trial period. 

If you took the Trial and canceled your corresponding paid subscription within the Trial Period, but were inadvertently charged, you will need to contact us by email.
  

Right of cancellation and refunds

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By using our platform, you accept and acknowledge that our Services are considered "services provided immediately on an electronic platform", and although you will have the right to cancel the use of our services, no charges corresponding to the current contracted period will be refunded.

 

The Company will evaluate refund requests at its sole discretion, provided that any of the following criteria are met:

 

• In the annual business subscription, the refund request must be made within 20 days after payment and the amount corresponding to the remaining months of service will be refunded. The calculation of the reimbursement will be made taking into account the rates stipulated in the monthly collection rates.

 

• If the business subscription is charged on a monthly basis, the refund request must be made within 5 days after payment and the refund will only be applicable if the monthly service period is not yet running._cc781905-5cde-3194- bb3b-136bad5cf58d_

 

As a premium member, you accept and acknowledge that the refund process for purchases made through the Website is at the sole discretion of the Company in each case and you understand that Ubhuru will not make refunds that do not meet the aforementioned conditions.

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Payments and receipts

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We use a third party payment processor (the "Payment Processor") that has all the necessary security standards to operate as such. This processor will be responsible for receiving your payments for purchases made through our platform. The processing of such payments will be subject to the Payment Processor's terms, conditions and privacy policies in addition to this Member Agreement. By making a purchase through us, you agree to pay us, through the Payment Processor, all charges at the prices in effect on the date of purchase and/or on the dates on which the subscription automatically renews for any use of such Services. Paid in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider (“Payment Method”).

In order to make the corresponding payment, you must provide updated, complete and accurate information for the issuance of payment receipts (such as a change in your business address, credit card number or credit card expiration date) and you must immediately notify us in the event that your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a possible breach of security, such as an unauthorized disclosure or use of your member name or password.

Your bank, credit or debit card company may incur additional charges for which you agree not to hold us responsible. These will include, without limitation, bank charges, bank charges or charges that may arise due to currency conversions.

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Security and transaction support

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We have security experts and use advanced security tools to proactively detect problems. Our platform is governed by the principles required by ISO/PCI certifications. 

We have multi-layered security architecture to help protect information from "zero-day" security issues.

The registration and access services run through a secure server. The information provided in the registration process is secured through HTTPS/SSL communication. 

In addition, we use hash encryption and disassociation functions to protect your information. Your password is stored as a hash digest, and in the event of a security breach, your original password cannot be recovered from our servers. 

In addition to the above, Ubhuru employees only have access to the information that is merely essential for carrying out their activities and in no case do they have access to all of it; In addition, no one may use technological resources (hardware/software) that are not previously reviewed, tested and approved by the Company's Senior Management. 

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Warranties and Disclaimer

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Even though our objective is to support our members in managing stress, depression and anxiety through reports of surveys answered by company employees in accordance with NOM-035, you should consider that the impact and result of our Services depends directly on the veracity of the information that each member pours in the surveys, so we cannot be held responsible for that part, and, therefore, it is not possible to affirm that our Services can provide such benefits in the totality of the cases.

Although we cannot offer a total guarantee as to the results that may be obtained from the use of the Additional Services (practical advice), we can guarantee that the platform was built on the basis of statistical controls specially designed for the platform of the measuring instruments. of NOM-035 and, therefore, the results reflected in the reports have the reliability and validity required by this Standard; which, in theory, will allow detecting risk parameters that require intervention at the organizational level (work environment) and personal level, allowing the collaborator who needs it to be channeled with the corresponding medical and/or psychological expert.

If as a member you have any doubts about your health, either before using our Services or while using our Services, you must consult your doctor and attend to any medical and/or psychological recommendations made by the health professional in charge of your care. tracing. The use of our Additional Support Services must depend on the corresponding medical and/or psychological recommendation.

Our Services are not a substitute for any physician, psychologist, or professional medical or psychological counselor; nor are they designed or intended to diagnose any disease or medical problem, but are designed to detect psychosocial risk factors that must be channeled to the corresponding medical and/or psychological service. As well as they were designed to provide practical measures that help in the management of stress, depression and anxiety. 

By visiting the Website or using the Platform, you agree that we are not responsible for the accuracy of the information posted on our platform, nor for the use of the Website or the Platform that each member gives you, but only for the processing of the same in accordance with the parameters established by NOM-035.

All of our Services are provided through an Internet connection. Therefore, you accept and acknowledge that we have no representation or responsibility regarding the fees applied for your use of the Internet.

Our services are provided on an “As Is” and “As Available” basis. Therefore, you acknowledge that, despite the use of technological and security measures, we do not guarantee that the Service will be uninterrupted, free of errors or viruses and that the guarantee that we can offer in relation to our Services depends on the type of account that as a member you have. , as well as the information provided, the promptness and the format in which it can be delivered.

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Intellectual property

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The platform developed, the adjustments made to it and the content included or made available through any of our Services is the property of Ubhuru Technologies, Inc., and the exploitation of these corresponds solely to the Company. In addition to that, all Company trade names, trademarks, logos, domain names and proprietary marks are protected by local and foreign trademark laws.

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Privacy and protection of personal info:

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For the provision of our services, it is necessary that the holders of the personal data pour directly the information that feeds the Platform, which has been created with the necessary physical, technical and administrative security standards to protect the personal information of the users. Omaisha members.

By accepting the terms and conditions of this contract, you agree that in addition to Ubhuru, You, as a member of Omaisha, are also committed to complying with local regulations regarding the protection of personal data; especially with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility. Likewise, you acknowledge that you also undertake to adopt the necessary technical and organizational confidentiality and security measures to guarantee the security of the personal data that you must manage; whether they are your own personal data (user), of the collaborators of the company that you have registered in Omaisha (business user) or, it is the personal data of collaborators corresponding to the company(ies) to which ) that you are providing a consulting service (business user).

As a member with a business user profile, you must guarantee that the persons authorized to process personal data of members with a user profile commit expressly and in writing to respect confidentiality and comply with the corresponding security measures, in accordance with the company's privacy policies. .

Likewise, you admit that the processing of personal data carried out by Ubhuru through the Platform is indicated in our Privacy Notice and for which Ubhuru has already obtained the corresponding express consent. Therefore, if you decide to use the personal data of the collaborators who are part of the membership you manage for purposes other than those described in our privacy notice, you agree to carry out the corresponding processes in terms of personal data protection, being the latter a responsibility totally foreign to Ubhuru.

By using Omaisha as a Platform for monitoring and compliance with NOM 035, you agree to notify Ubhuru without delay, via email (with read confirmation), of security violations that are related to the Platform and in the that the personal data in your charge of which you have knowledge may be affected. In addition to raising the incident report (sending mail), it will be necessary for you to share with us all the relevant information for the documentation and communication of the incident. Notification will not be necessary when it is unlikely that said security breach constitutes a risk to the rights and freedoms of natural persons.

 

In case of detecting a security breach related to the personal data that is processed by Omaisha, you must provide at least (if you have it), the following information:

 

• Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected;

• Compromised personal data;

• The name and contact details where further information can be obtained;

• Corrective actions carried out immediately,

• Description of the measures adopted or proposed to remedy the breach of personal data security, including, if applicable, the measures adopted to mitigate possible negative effects;

• The recommendations to the holder about the measures that he can adopt to protect his interests; 

• The media where the holder can obtain more information about it. 

• If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.

What happens to the content you provide to us?

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From time to time we may offer certain features within our Services that would allow the submission of various content, such as testimonials; in which case, we will not claim ownership of such content, but instead request that you grant us a non-exclusive, royalty-free license to use, modify, copy or publicly display the content you share with us. For more information about how we use content generated by Omaisha members, please see our Privacy Notice.

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Compensation:

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You hereby release the Company and its officers, directors, employees and agents from and against any and all claims, disputes, demands, liabilities, damages, losses and costs and expenses; including without limitation, reasonable legal and accounting fees arising out of or in any way related to (i) your access to or use of the Services or (ii) your violation of any of the provisions of this Member Agreement.

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Dispute Resolution

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Any type of controversy that arises or arises from these Terms, will be resolved by the competent courts in Mexico City and in accordance with the laws applicable to said City (federal or local). Members who qualify to be consumers and who do not act for commercial or professional purposes, may address the corresponding authorities in matters of consumer protection in disputes.

This Member Agreement shall constitute evidence pa

for the resolution of controversies in accordance with the Mexican laws that apply.

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Deletion of personal data

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For this purpose, any copy that contains Confidential Information whether in the possession of Ubhuru Technologies Inc., employers and/or staff and employees of each, will be fully registered to the Discloser, except in those cases in which its destruction or elimination is authorized. In addition to the foregoing, in the same way, said information will be eliminated from any electronic device, server or digital or analog storage device, for which a written declaration must be made by the person who wishes to remove the information and who must do so. knowing under protest to tell the truth to the other party; except in the case of a written waiver by the Discloser, in which case Ubhuru Technologies Inc. may keep the Confidential Information subject to the applicable security conditions, for a period not exceeding 02 (TWO) years. To send this declaration, please request the "Deletion of account" format to hello@omaisha.com

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You have doubts?

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If you have any questions, comments, or suggestions, you can contact us through our social media accounts https://www.facebook.com/OmaishabyUbhuru https://www.instagram.com/omaisha_ubhuru/ ; or to our email, hello@omaisha.com member service, where we will gladly assist you.