Terms & Conditions (Investment Advice)
The present Terms and Conditions for hiring ("Terms") are applicable to the provision of Services provided by "GRP Tech MX 1.0, S.A. de C.V., Independent Investment Advisor" ("GRP Tech MX 1.0" or "Company"), to the Client, who together shall be referred to as the "Parties", through the Application, in accordance with the following declarations and clauses:
1. Definitions
The concepts contained within the present Terms that begin with a capital letter shall be understood with the meaning assigned to them in the corresponding definitions section.
"Application": Electronic platform through which GRP Tech MX 1.0 provides the services proper to it as an Investment Advisor to Clients, and whose functioning is governed by the Terms and Conditions of the Application.
"Investment Advisory": means to provide by GRP Tech MX 1.0, through the Application, personalized or individualized recommendations or advice to the Client, that suggest to them the making of investment decisions regarding one or more Securities, which may be carried out at the request of the Client or by the initiative of GRP Tech MX 1.0. In no case shall it be understood that the execution of operations arising from Investment Advisory is Execution of Transactions as provided for in the Investment Services Regulations, even when there is an instruction from the Client.
"Privacy Notice": is the document that governs the treatment of personal data provided by the Client during the registration procedure in the Application, the execution and performance of the present Agreement, and which GRP Tech MX 1.0 makes available through the Application, in accordance with the provisions of the Federal Law for the Protection of Personal Data in the Possession of Private Parties.
"Client": the natural person who, after prior registration in the Application, has requested and accepted the provision of Services from GRP Tech MX 1.0, executing the present Agreement for such purpose.
"Consideration": the payment that GRP Tech MX 1.0 receives for the provision of its Investment Services, in accordance with what is established in Section 11 of the Terms.
"Password": a series of characters determined by the Client, linked to an email address, which together allow access to the Application.
"Agreement": means, indistinctly, the present Terms and Conditions or the Agreement, which regulate the Investment Services and their Annexes, in accordance with the provisions of Article 27 of the General Regulations applicable to financial entities and other persons providing investment services.
"Account": means each profile that GRP Tech MX 1.0 opens for the Client, under the Terms and Conditions of the Application, for the provision of investment services offered by GRP Tech MX 1.0.
"CNBV": means National Banking and Securities Commission.
"Personal Data": any information concerning an identified or identifiable natural person. Personal Data may be expressed in numerical, alphabetical, graphical, photographic, acoustic or any other form.
"Business Day" means a day other than Saturday, Sunday or any other day on which Securities Market Intermediaries do not provide services to the public by law or governmental resolution.
"Investment Services Regulations": means the General Regulations Applicable to Financial Entities and other Persons Providing Investment Services, issued by the CNBV and published in the DOF on January 9, 2015, and its amendments or any that replace them.
"Execution of Transactions": is the reception of instructions, transmission and execution of orders, in relation to one or more Securities or derivative financial instruments, with GRP Tech MX 1.0 obligated to execute the transaction exactly in the same terms in which it was instructed by the client.
"Investment Strategy": refers to the set of guidelines developed by GRP Tech MX 1.0 to provide advised investment services to its clients, based on the characteristics and conditions of the markets, Securities and derivative financial instruments in which it is intended to invest.
"Securities Market Intermediary": are financial entities authorized under the terms of financial legislation, national or foreign, to conduct habitually and professionally (i) acts to bring together supply and demand for securities; (ii) the execution of operations with securities on behalf of third parties as a broker, attorney-in-fact or with any other capacity, intervening in the legal acts corresponding in their own name or in representation of third parties; and/or, (iii) the trading of securities on their own behalf with the general public or with other intermediaries acting in the same manner or on behalf of third parties.
"LMV": is the Securities Market Law.
"Mandate": has the meaning attributed to said term in the first paragraph of Section 5 of this document.
"General Framework of Action": is the document prepared by GRP Tech MX 1.0 in accordance with what is provided in the Investment Services Regulations and which contains: (i) the nature and scope of the faculties of the services provided by GRP Tech MX 1.0, as well as the significant risks associated with the foregoing, the manner and terms under which they will be exercised and the manner in which the Client may modify the agreed services (ii) the Investment Strategy that GRP Tech MX 1.0 will follow when providing the service (iii) the investment policy of GRP Tech MX 1.0; (iv) the policies regarding the liquidity of the investment portfolio; (v) the selection criterion of GRP Tech MX 1.0 with respect to investments in variable income instruments; (vi) the criterion to be followed by GRP Tech MX 1.0 for the selection regarding securities representing debt; (vii) the policy of GRP Tech MX 1.0 before conditions of high volatility in financial markets, or economic or political uncertainty; and (viii) the type of operations with Securities that GRP Tech MX 1.0 may carry out under the Investment Services that GRP Tech MX 1.0 provides within the scope of these Terms.
"Agreed Communication Means": shall have the meaning attributed to said term in Section 9 of this document.
"Mexico": means the United Mexican States.
"Operations": means each and every one of the operations that the Client instructs GRP Tech MX 1.0 derived from the Investment Advisory services, in the terms of the present Agreement.
"Client Profile": means the evaluation that GRP Tech MX 1.0 carries out of the Client, in accordance with Section 7 of these Terms.
"Investment Profile": means the result of the evaluation that GRP Tech MX carries out with respect to (i) the financial situation, knowledge and experience in financial matters, of the Client, in the case of sophisticated clients, and (ii) the investment objectives of the Client, in accordance with the Investment Services Regulations.
"Product Profile": means the analysis carried out by GRP Tech MX 1.0 with respect to each type of Financial Product based on public information related to said Financial Product, in the terms of the Investment Services Regulations.
"AML/CFT": is Prevention of Money Laundering and Financing of Terrorism.
"Financial Products": the Securities, Investment Strategies or composition of the investment portfolio.
"Investment Services": means the habitual and professional provision of Investment Advisory services and/or transmission of orders to securities market intermediaries under the Mandate referred to in Article 226, Section I of the LMV and Article 28, third paragraph of the Investment Services Regulations.
"GRP Tech MX 1.0": shall have the meaning attributed to said term in the preamble of these Terms.
"Securities": refers to shares, partnership interests, bonds, debentures, optional securities, certificates, promissory notes, bills of exchange and other credit instruments, registered or unregistered, whether or not registered in the National Securities Registry, capable of circulating in the securities markets referred to in the Securities Market Law, which are issued in series or in bulk and represent the capital stock of a legal entity, an aliquot part of an asset or participation in a collective credit or any individual credit right, in the terms of applicable national or foreign laws.
GRP Tech MX 1.0 is registered as an Independent Investment Advisor with the National Banking and Securities Commission (CNBV), which the user can verify in the Registry of Independent Advisors contained in the following link https://www.cnbv.gob.mx/SECTORES-SUPERVISADOS/ASESORES_EN_INVERSIONES/Pa ginas/RegistroDeAsesoresEnInversiones.aspx .
Said registration allows GRP Tech MX 1.0 to offer portfolio management services and personalized investment advisory services.
It is made known to the user, and upon accepting the present Terms, the Client acknowledges that GRP Tech MX 1.0, in the provision of Services, does not and will not conduct intermediation with securities, nor will it receive deposits or hold custody of money or securities of Clients, except for what corresponds to the collection of fees or commissions for the Services provided.
2. Client Declarations
At the moment of acceptance of the present Terms, the Client declares that they have full legal capacity to accept and comply with these terms. They declare that the information and documents provided to GRP Tech MX 1.0 for the creation of their profile in the Application are correct, truthful and authentic. Likewise, they commit to keeping their information updated and to notify any relevant change to GRP Tech MX 1.0.
The Client confirms that the funds they will invest are their own and of lawful origin, and commits to complying with regulations for the prevention of money laundering and financing of terrorism. Furthermore, they understand that the recommended investments may generate both profits and losses, depending on market fluctuations, without any return being guaranteed.
They have reviewed and accept the Privacy Notice, Risk Warning of GRP Tech MX 1.0, as well as their assigned Investment Profile and the implications that it entails. The Client also agrees that any payment for the services of GRP Tech MX 1.0 must be made solely to the accounts designated by the Company, and not through employees or representatives.
Additionally, the Client acknowledges that the Company may temporarily suspend the services if required by any authority, without need for prior notice. The email registered by the Client will be used to receive notifications related to these Terms and Conditions and in turn declares irrevocably that they act at all times on their own account and order and are not a previous Client of GRP Tech MX 1.0.
In the event that the Client does not wish to adhere to these conditions and declarations, they must refrain from using the Application and Services of GRP Tech MX 1.0.
Finally, and for purposes of entering into the Investment Services provided by GRP Tech MX 1.0, the Client declares, in their capacity as a natural person, that they do not qualify under the regime of business and professional activities.
3. Use of Application Account
To use the Investment Services of GRP Tech MX 1.0, it is necessary to create an account in the Application. The Client must accept these Terms and the Privacy Notice, as well as provide the data and documents required to comply with anti-money laundering (AML) provisions. GRP Tech MX 1.0 will not offer any service without first validating this information and executing the Terms through an interview.
The Client may access the Application using the email address and password provided during registration. The confidentiality and use of this password are the exclusive responsibility of the Client, and it is presumed that only the Client has access to their device and account. The password constitutes the Client's electronic signature, with the same legal validity as a handwritten signature, and any interaction performed through the Application shall be considered a "data message" sent by the Client, as established by the Commercial Code.
GRP Tech MX 1.0 shall not be responsible for unauthorized access to the Client's account if the Client does not immediately notify of the loss or theft of their mobile device or access credentials. Any damage arising from negligence, fraud, or misuse of the account shall be the responsibility of the Client, exempting GRP Tech MX 1.0 from any legal or civil consequences.
4. Services
GRP Tech MX 1.0 shall provide the Client with Investment Advisory Services in accordance at all times with the Client's Investment Profile and Product Profile, unless the Client through an instruction via the Platform requests a different strategy and profile.
5. Mandate
The Client, by accepting these Terms and making use of the services, authorizes GRP Tech MX 1.0 to, in their name and representation, perform all necessary actions to fulfill the obligations established in these Terms. This includes the authority to give instructions to securities market intermediaries and carry out securities transactions on behalf of the Client.
GRP Tech MX 1.0 is authorized to contract, on behalf of the Client, the services of intermediaries that it deems most appropriate, without the need to inform the Client of any changes in intermediaries that may occur. GRP Tech MX 1.0 may open accounts in the Client's name with these intermediaries, but it shall not be understood that GRP Tech MX 1.0 is a co-holder of such accounts.
GRP Tech MX 1.0 also has the authority to perform any action that it deems necessary to manage the Client's investment portfolio, following the General Framework for Action or the instructions that the Client has given based on the advice received.
The Client accepts and undertakes to comply with the obligations arising from the actions that GRP Tech MX 1.0 performs on their behalf, understanding that the execution of operations corresponds to the intermediaries.
The Client undertakes to release GRP Tech MX 1.0 from any legal responsibility or claim that could arise in connection with the granted mandate, including legal actions by securities market intermediaries. The Client ratifies all actions taken by GRP Tech MX 1.0 under this mandate.
GRP Tech MX 1.0 guarantees that it will act independently and without conflicts of interest. In the event that a possible conflict of interest arises, GRP Tech MX 1.0 will immediately notify the Client and manage the situation according to agreed procedures.
GRP Tech MX 1.0 does not guarantee any return on investments, nor does it undertake to reverse or secure the investment made. It will also not indemnify the Client for losses that may arise from the advice provided or from operations carried out by securities market intermediaries. Consequently, GRP Tech MX 1.0 shall not be responsible for losses that the Client may suffer in relation to the services provided or operations carried out under these Terms.
6. Nature of Services
The Investment Services offered by GRP Tech MX 1.0 to the Client include personalized investment services, specifically designed based on their investment profile, needs, experience, financial situation, and objectives. Once this information is evaluated, a customized investment strategy will be developed for the Client.
Additionally, GRP Tech MX 1.0 will offer an order transmission service, allowing the Client's instructions to be executed in the market in accordance with the granted mandate. Although detailed records of each transaction will be maintained, it is the Client's responsibility to understand that these transactions do not originate from a specific recommendation by GRP Tech MX 1.0. Therefore, the Client must evaluate whether the acquired securities are appropriate for their investment objectives and whether they are willing to assume the associated risks.
GRP Tech MX 1.0's recommendations will be based strictly on the Investment Profile and Product Profile assigned to the Client. It is essential that the information provided by the Client be accurate and reflect their actual situation, including their investment objectives, level of risk tolerance, and time horizon. The Client is responsible for the accuracy of the information provided and must pay attention to any warning or clarification made by GRP Tech MX 1.0.
Investment Services will be provided through GRP Tech MX 1.0's digital application, and require the Client to register and participate in an interview as detailed in these Terms and Conditions.
The Client accepts that personalized recommendations may include investments in the financial products mentioned in the Terms, always following the Investment Strategy and within the established limits. GRP Tech MX 1.0 has made relevant information about the financial products available to the Client through the Application.
In the event that the Client requests the order transmission service, GRP Tech MX 1.0 will execute operations according to the granted mandate. Records of these operations will be maintained and the Client will be warned that such operations do not originate from a direct recommendation by GRP Tech MX 1.0, so the Client must ensure that the investments are consistent with their objectives and evaluate the inherent risks.
7. Determination of Investment Profile.
Prior to providing Services, GRP Tech MX 1.0 will collect information from the Client in order to determine and evaluate their Investment Profile. For this purpose, the Client will be asked to provide details about their financial situation, knowledge, investment experience, and financial objectives.
GRP Tech MX 1.0 will take into account factors such as age, current occupation, and, if relevant, the Client's prior professional experience. Additionally, the Client's experience with securities and financial instruments in which they have invested in the last two years and their level of investment education will be evaluated.
To evaluate the Client's financial situation, the source and percentage of their income and assets allocated to investment will be considered, as well as the proportion of their investment in relation to their total net worth. The Client's investment objectives will also be analyzed, taking into account the purpose, duration, risk tolerance, and any restrictions they establish for their investments.
In the event that the Client does not provide sufficient information, GRP Tech MX 1.0 will assume that the Client has limited financial experience, that their risk tolerance is conservative, or that they have not previously invested in securities or financial instruments.
GRP Tech MX 1.0 will use a questionnaire in its Application, designed to collect this information in a clear and simple manner to determine the Client's Investment Profile. If the Client provides new information or if it is identified that current data is insufficient, the Investment Profile will be re-evaluated to ensure that financial recommendations are appropriate and reasonable. If the Client provides new information or if it is necessary to adjust the profile, a new evaluation will be conducted to ensure that the recommendations are appropriate.
If the Client does not provide sufficient information or if the necessary elements to determine their Investment Profile are not available, it will be assumed that the Client has limited financial experience, that their risk tolerance is conservative, or that they have not previously invested in securities or financial instruments.
GRP Tech MX 1.0 will consider publicly available information about Securities, such as prospectuses, technical notes, price behavior, and agency ratings, to issue recommendations aligned with the Client's Investment Profile.
GRP Tech MX 1.0 will inform the Client about their Investment Profile, explaining its meaning. The Client must confirm their agreement with such profile. If the Client disagrees, further information will be requested to adjust the profile until it is acceptable to both the Client and GRP Tech MX 1.0. Additionally, the profile assignment will be justified, indicating the recommended classes of securities and maximum investment percentages.
The Client must confirm at least once every two years that their Investment Profile has not changed significantly. If this confirmation is not made, GRP Tech MX 1.0 will continue to provide its services based on the existing profile, without any responsibility.
8. Securities Subject to Services.
The Securities that GRP Tech MX 1.0 may include in the investment portfolio or recommend to the Client are stocks, bonds, exchange-traded funds (ETFs), and stock indices. The investment portfolio will consist of those Securities that are aligned with the personalized Investment Strategy, designed by GRP Tech MX 1.0 according to the Client's Investor Profile and financial objectives.
9. Agreed Means of Communication and Use of Application
All communications and investment services of GRP Tech MX 1.0 shall be conducted exclusively through the Application linked to the Client. It is presumed that any interaction and instruction sent by the Client through the Application has the same legal validity as a handwritten signature and may be used as evidence in a legal proceeding.
GRP Tech MX 1.0 reserves the right to verify the Client's identity before addressing any request and may limit the use of the Application if it suspects that the Client has lost control of their access credentials. These restrictions will be applied as soon as GRP Tech MX 1.0 becomes aware of the situation.
Communications related to complaints, clarifications, service notifications, and personal data processing will be conducted through the following means:
For GRP Tech MX 1.0: the Application and the email help@dolarappwealth.com.
For the Client: the email address provided during registration.
The Client may request at any time the update of their means of communication, and GRP Tech MX 1.0 may require additional authentication to validate the changes.
10. Liability
GRP Tech MX 1.0 does not assume responsibility for failures or delays in communications with the Securities Market intermediaries that must carry out the transactions. The use of the Application is governed by terms and conditions that will be available at all times and that may be modified or restricted by GRP Tech MX 1.0. The Client accepts that GRP Tech MX 1.0 will not be responsible for damages, losses, or expenses arising from the use or inability to use the Application, including technical failures, viruses, errors, or any interruption in service.
The Client acknowledges that information transmitted through electronic means is subject to security risks, such as unlawful intrusions, and releases GRP Tech MX 1.0 from any responsibility for misuse of such means. It is the Client's responsibility to protect their passwords and access data; GRP Tech MX 1.0 shall not be responsible for the improper use of these by third parties.
The Client also accepts that GRP Tech MX 1.0 may require additional authentication factors, such as one-time passwords, and that geolocation will be collected each time a service is contracted or an operation is instructed.
In case of theft, loss, or forgetting of passwords, the Client may reset them by following the procedure indicated by GRP Tech MX 1.0. The Application may not be available due to technical or internet failures, for which reason GRP Tech MX 1.0 shall not be responsible for such difficulties.
11. Consideration for Services
The Client shall pay GRP Tech MX 1.0 monthly for the Investment Services provided. For such purposes, the Client may access a regular commission and/or a premium commission. GRP Tech MX 1.0 shall make available to the Client each of the commissions that may be implemented, which shall be available in the Investment Services Guide, which may be modified from time to time.
The Client authorizes GRP Tech MX 1.0 to use the returns obtained from investments to cover the commissions for services provided. The Client also authorizes GRP Tech MX 1.0 to instruct the Securities Market intermediaries to prevent the withdrawal of funds or assets until all debts have been paid.
The operation reports shall include details about the commissions charged. Any change in fees shall be updated in the Investment Services Guide available in the Application.
12. Reports and Provision of Resources
GRP Tech MX 1.0 shall provide the Client with a monthly report on securities positions through the Application and email. Monthly account statements shall be the responsibility of the Securities Market intermediaries. The Client must ensure that the necessary resources are available for GRP Tech MX 1.0 to execute investment instructions. GRP Tech MX 1.0 shall not be responsible for the failure to transmit instructions due to the lack of resources on the Client's part.
13. Liability and Indemnification
GRP Tech MX 1.0 does not guarantee returns or success in investments and shall not be responsible for losses arising from operations conducted under these Terms, except in cases of fraud, bad faith, or gross negligence, as determined by a competent court. The Client is obligated to indemnify and hold harmless GRP Tech MX 1.0 and its affiliates from any claim or liability, except in cases of fraud, deceit, or bad faith on the part of GRP Tech MX 1.0.
14. Update of Information
The Client must keep their information and documentation updated in accordance with applicable provisions. If the Client fails to comply with these obligations, GRP Tech MX 1.0 may suspend or terminate the services without any liability.
15. Term and Termination
These Terms and the provision of Services shall have an indefinite term; however, they may be terminated by the Client or GRP Tech MX 1.0 at any time, with notice of at least five business days. In case of termination, GRP Tech MX 1.0 shall instruct the sale of the Client's securities to settle operations, without assuming responsibility for possible losses.
16. Suspension or Termination of Services
GRP Tech MX 1.0 may suspend or terminate services if irregularities are detected, such as ongoing investigations, data falsification, force majeure, unusual conduct, or by order of an authority. Termination may also occur if the Client objects to changes in the Terms.
17. Assignment of Rights
GRP Tech MX 1.0 may assign its rights and obligations under these Terms to authorized third parties, informing the Client of such assignment. The Client may not assign its rights without the consent of GRP Tech MX 1.0.
18. Treatment of Personal Data
The Client consents to the treatment of their personal data in accordance with GRP Tech MX 1.0's Privacy Notice. Any modification in the treatment of data shall be notified to the Client, who must give their consent.
19. Retention of Information
GRP Tech MX 1.0 shall retain documentation related to the Client and their operations for a minimum of five years, in accordance with applicable legal provisions.
20. Non-Exclusive Services
The investment services of GRP Tech MX 1.0 are not exclusive, and the company may offer similar services to other clients.
21. Independence of Clauses
If any provision of the Terms is declared invalid, the remaining provisions shall continue to be valid and enforceable.
22. Notifications
All notifications related to these Terms and Conditions shall be made in the following manner:
a. Notifications to the Client: Shall be sent through the Application or to the email address with which the Client created their user account. These notifications shall be considered received at the moment they are entered into the Application or when sent to the registered email address, as applicable.
b. Notifications to GRP Tech MX 1.0: Shall be made by email to the address help@dolarappwealth.com. These notifications shall be considered received at the moment the email has been successfully sent to the provided address.
The Client is responsible for keeping the contact information provided to GRP Tech MX 1.0 updated, including their email address and any other means of communication they have registered.
23. Claims and Clarifications
The Client may file claims or request clarifications through the agreed means of communication. GRP Tech MX 1.0 shall provide a tracking number for each claim.
24. Modifications
Any modification to the contract shall be notified to the Client, who shall have 20 business days to terminate the legal relationship. If they do not do so, or if they continue using the Investment Service resulting from the modification, it shall be considered accepted. If the Client does not agree, the Terms shall be deemed terminated.
25. Taxes
Each party shall be responsible for the taxes that correspond according to the operations conducted under these Terms.
26. Signature
The Parties grant their consent for these Terms and any document related to Investment Advisory services to be executed through the use of electronic signature, for which they fully know and understand that it has the same effects that laws grant to handwritten signature, including its corresponding evidentiary value, and they also recognize and accept that the electronic signature identifies and authenticates the Parties in compliance with applicable legal provisions.
27. Applicable Law and Jurisdiction
The Terms shall be governed by the federal laws of Mexico, and any dispute shall be resolved in the courts of Mexico City, waiving any other jurisdiction.
Client Name:
Client No.:
Date of Signature:
