Terms and Conditions
These terms govern access to, browsing, use of, and purchase of equipment, services, platform access, and technology solutions offered under the Actus ELENA brand. This English translation is provided for convenience. The Spanish-language terms and the laws of Mexico govern.
Read these terms together with the Privacy Notice.
1. Provider
The provider is CAFESON, S.A. de C.V. (RFC CAF051025IC5), located at Callejón Eje Sal 609-J, Col. Café Combate, C.P. 83165, Hermosillo, Sonora, Mexico. Contact: soporte@actus.io; phone +52 662 301 4200; commercial WhatsApp +52 561 003 6354; support WhatsApp +52 662 400 3351. “Customer” means a person or entity that buys equipment, contracts services, or uses the platform. “User” means someone the Customer authorizes.
2. Scope
These terms apply to equipment and sensor purchases; installation and configuration; monitoring and control services; web and mobile platform access; analytics, reporting, and automation; AI and predictive analysis; technical support, training, and related connectivity. Quotes, technical specifications, service plans, warranty policies, and other information provided to the Customer may supplement these general terms.
3. Service description
Actus ELENA is an agricultural technology solution for storage and postharvest operations. It combines sensors, industrial hardware, software, connectivity, data analysis, automation, and AI. It may support compatible cold rooms, precooling tunnels, and other facilities.
4. Features
Depending on the contracted solution and active plan, features may include environmental and product temperature, relative humidity, CO₂, dew point, VPD, alerts, history, event traceability, automation, dashboards, real-time data, reports, performance analysis, and AI-assisted predictive analysis.
5. Equipment purchase and delivery
Equipment, sensors, communications devices, and related hardware are sold for a one-time price under the applicable quote. Unless otherwise agreed, purchased hardware belongs to the Customer after payment. Hardware purchase does not by itself create an indefinite platform or service subscription. Shipping is quoted separately.
6. Quotes, prices, and validity
Equipment and services are offered by formal quote. Unless stated otherwise, quotes are valid for 30 calendar days. Published or quoted prices and services are subject to applicable Mexican VAT.
7. Installation and travel
Monitoring installation may be quoted separately through an authorized partner, or the Customer may install after training from Actus ELENA. For control and automation, Actus ELENA or its authorized partner manages and performs installation. Travel outside the provider’s base city is quoted separately.
8. Facility conditions and non-exclusivity
The Customer must provide a suitable, safe space with required electrical power and connectivity and share relevant technical information. The relationship is non-exclusive; either party may work with others on similar solutions.
9. Connectivity
The solution requires an Internet connection (including compatible Wi-Fi, Ethernet, or satellite technologies) to transmit information. Cellular connectivity included in applicable plans is limited to 1 GB under the contracted service terms. Connectivity may depend on third-party networks outside Actus ELENA’s control.
10. Platform and app
Actus ELENA provides access to its official web platform and mobile app and may periodically update, maintain, and improve them.
11. Subscriptions and plans
Platform access and tools are provided as Software as a Service. Subscription plans and prices depend on the number of rooms and subscription period specified in the quote or commercial agreement.
12. Users and access
The Customer determines who may use the platform and requests access changes. The Customer must protect credentials and report unauthorized use. Actus ELENA may suspend accounts when it suspects a security breach or misuse.
13. Monitoring and alerts
The system monitors configured variables and sends alerts through the app or email. Notifications support operations; they do not replace the Customer’s direct supervision or in-person facility maintenance.
14. Automation and control
Automated actions operate according to configured rules. Their effectiveness depends on the condition of the Customer’s equipment and facilities. The Customer is responsible for configured logic, schedules, and parameters. The platform does not replace industrial safety systems or protocols; the Customer is responsible for physical safeguards, emergency stops, guards, and signage.
15. AI and predictive analysis
AI-based analyses and recommendations are informational and supportive only. The Customer should apply professional judgment before making critical operating decisions. AI features may have daily token or credit limits that Actus ELENA may adjust based on operations, plans, or service costs.
16. Service-generated information
Technical, historical, and operational data (including temperature, humidity, CO₂, VPD, alerts, events, and performance) may be collected and processed to provide, support, and improve services.
17. Personal information
Personal information supplied by Customers or Users is handled under applicable Mexican law and the Privacy Notice.
18. Aggregated information
Actus ELENA may use operational and historical data that has been de-identified through aggregation for statistics, research, product improvement, and training algorithmic or AI models.
19. Information security
Actus ELENA applies reasonable administrative, technical, and physical safeguards. Service delivery uses external technology infrastructure, cloud providers, and AI tools.
20. Payments
Payments for equipment, installation, travel, and subscriptions use enabled payment methods. Stripe processes payments securely; cards and bank transfers may be accepted through authorized channels.
21. Automatic renewal and prepayment
Customers may optionally enable automatic subscription renewal by registering a credit card in the Actus ELENA platform. Service remains active under the agreed prepayment or billing schedule.
22. Late payment, suspension, and reactivation
A renewal notice is sent five days before the billing date, followed by a pending-payment email on the due date and another reminder after three calendar days if unpaid. A seven-calendar-day grace period applies from the due date. After that, platform, report, and history access may be temporarily suspended. Paying the balance in the platform automatically reactivates service.
23. Equipment warranty
Equipment has a one-year warranty against manufacturing defects. Report issues to soporte@actus.io or Support WhatsApp. Actus ELENA will initially review remotely within one to two business days. Site visits or shipping are quoted for approval. The warranty excludes misuse, unauthorized handling, severe electrical variation, and causes unrelated to manufacturing defects.
24. Training and technical support
Actus ELENA provides initial training and technical support through chat, email, phone, and WhatsApp, as well as software and firmware updates according to the contracted plan.
25. Customer responsibilities
The Customer must provide accurate information, protect credentials, use equipment and the platform lawfully, maintain adequate electrical power and Internet access, and report relevant facility changes.
26. Intellectual property
Intellectual property in the platform, app, software, algorithms, AI models, brands, designs, and related documentation belongs to Actus ELENA or its licensors. Hardware purchases and licenses do not transfer intellectual-property rights.
27. Availability and limitations
Actus ELENA will make reasonable technical efforts to keep the platform available. Maintenance, telecommunications, power, or third-party technology-provider interruptions may temporarily affect service.
28. Force majeure
Neither party is liable for failure caused by force majeure or unforeseeable events, including natural disasters, widespread unexpected network failures, major power interruptions, or government action.
29. Third-party services
The platform depends on or integrates third-party services, including Stripe, cloud infrastructure, connectivity, and AI providers, whose availability is outside Actus ELENA’s direct control.
30. Prohibited uses
Customers and Users may not use the platform or equipment for unlawful activity, compromise information security, introduce malicious code, reverse engineer, or extract software or databases without express authorization.
31. Cancellation, account deletion, and refunds
Customers may cancel subscriptions in the platform; cancellation does not refund purchased hardware. Account deletion requests and refund requests must be emailed to soporte@actus.io. A later subscription may be started in the platform. Refund requests are reviewed under internal policies.
32. Data retention
Platform data and history are actively available for up to 24 months. After that, they are moved to secure cold storage for an indefinite period. Customers may request a data copy at soporte@actus.io.
33. Complaints and contact
Contact soporte@actus.io, call +52 662 301 4200, message Support WhatsApp at +52 662 400 3351, or write to the Hermosillo, Sonora address listed in Section 1.
34. Changes
Actus ELENA may update these terms due to operational, technical, or legal changes. Material changes may be announced on the platform, by email, or on the official website.
35. Governing law and jurisdiction
These terms are governed by the laws of the United Mexican States. Administrative consumer complaints and conciliation are handled by PROFECO, Hermosillo Metropolitan Zone. The competent courts in Hermosillo, Sonora have jurisdiction, and the parties waive any other venue based on present or future domicile.
36. Electronic acceptance
Using the platform, app, or Actus ELENA services constitutes electronic acceptance of these terms. Acceptance may be recorded through checkboxes, digital buttons, access credentials, or electronic records retained by the provider.