Terms and Conditions

Accessing, browsing, registering, and/or using the services of Zen to Go indicates your voluntary acceptance of all the clauses and conditions in this document, so it is recommended to read this agreement carefully before your registration process, browsing, and use on the Zen to Go Platform.

The present terms and conditions aim to regulate access, use, advertising, and e-commerce on the website of the company called Plataformas Zen México, Sociedad Anónima de Capital Variable, located at Calle 38 between Av. 10 and 10 BIS, Local 12, Zazil-Ha, Playa del Carmen, Quintana Roo, CP 77720, Mexico, and with Federal Taxpayers Registry (RFC) PZM170127Q15.

Plataformas Zen México, S.A. de C.V. is a company legally constituted under the commercial laws of the United Mexican States and has all the necessary permits for the provision of the services it performs and claims to be the legitimate owner of the Zen to Go brand, according to trademark registration 2045039 at the Mexican Institute of Industrial Property (IMPI). For the purposes of this document, Plataformas Zen México, S.A. de C.V. will also be referred to by its brand Zen to Go.

The present terms are based on the provisions of Articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law, following the recommendations of the Mexican Standard NMX-COE-001-SCFI-2018, published in the Official Journal of the Federation on April 30, 2019, which establishes the provisions to which all those defined by this Mexican standard as Customers will be subject when entering the site www.zentogo.com.mx, always seeking to guarantee, clarify, inform, and guide adequately about browsing and performing any type of transaction through the website.

Regarding the therapeutic services offered by Zen to Go, it is based on the Official Mexican Standard NOM-017-SSA3-2012 Regulation of health services. For the practice of human acupuncture and related methods.

Regarding the protection of personal data, it is based on the Federal Law on Protection of Personal Data Held by Private Parties in its Articles 16, 18, 19, 22, 24, 25, 26, and the other relevant provisions; guaranteeing users at all times the principles of legality, consent, quality, purpose, loyalty, proportionality, and responsibility regarding the right to the protection of personal data; as well as internationally with the principles of personal data privacy protection conceived in the General Data Protection Regulation, concerning Chapter V called Transfers of personal data to third countries or international organizations and according to the right of the data subject to request access, rectification, cancellation, or opposition to the processing of their data (ARCO Right).

Clients may make a formal complaint when Zen to Go harms or fails to respect the present terms and conditions of the technological service of Zen To Go, through the provisions established in the Federal Consumer Protection Law. For more information, please enter the following link: https://www.gob.mx/profeco/articulos/proceso-y-requisitos-de-quejas-y-denuncias?idiom=es

Zen to Go reserves the right to modify these Terms and Conditions at any time, as well as any other general or specific conditions resulting from the use and development of the website itself. Likewise, the right to suspend, interrupt, or cease operation of the website at any time for sufficient reason.

Zen to Go provides its Users with free and unrestricted access without any discrimination to the public in accordance with what is described in the Federal Law to Prevent and Eliminate Discrimination, provided that the provisions in this document and the registration processes are complied with.

The present Terms and Conditions aim to regulate access to the contents and use of the Digital Platform called Zen to Go and also to present to the User the scope, rights, responsibilities, and all the conditions of the provision of the service offered by Zen to Go.

Zen to Go may enter into legal acts with companies, individuals, national and international, with the aim of improving the digital Platform. Likewise, it may certify its processes and quality of services through certifications that it deems appropriate.

DEFINITIONS

For the purposes of this document, the following is understood as:

Zen to Go: Trade name of Plataformas Zen México S.A. de C.V.

Platform: Website and/or application managed by Plataformas Zen México S.A. de C.V., which serves as a digital platform and intermediary between Clients and Therapists with the aim of facilitating at-home massage services.

Client: All those people who use the Platform for the purpose of reserving professional massages provided by our team of certified Therapists.

Therapists: All those professionals registered with Zen to Go, and eligible to provide their services autonomously through the Platform.

Users: Clients and/or Therapists with an account on the Platform.

Services: Professional at-home massages (house, hotel, office, or other service location).

Reservation: At-home massage service requested by the Client through the Platform, for a specific hour, duration, type of massage, and location. A reservation may contain one or more massages.

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I. GENERAL CONDITIONS

In this act, Zen to Go, Clients, and Therapists acknowledge and accept the Terms and Conditions described herein.

It is worth mentioning that the information provided by the parties is safeguarded and protected by the Privacy Policy (see Privacy Policy).

Regarding the Services that Zen to Go makes available to its Users through its digital Platform, it determines that they are for lawful, therapeutic, professional purposes and of high quality in personal care, health, and beauty; making available all the contents of the digital Platform which it owns to the general market.

This digital Platform is protected by intellectual property laws, including the protection of software, trademarks, photographs, contents, development, web design, images, videos, and logos, without this description implying any limitation of any nature.

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II. OUR SERVICES

The Services described in the following paragraphs may be used by individuals, national and/or foreign, over the age of 18 and/or national and/or foreign companies that contract the services offered by Zen to Go in a massive manner.

Zen to Go provides its Users with free and unrestricted access to its Platform, to the public as described in the previous paragraph.

The Users acknowledge in this act that their will is to navigate and register in Zen to Go, and it is presumed that they act in good faith, in the use of this Platform, avoiding deceit and error and fulfilling the requirements of Law and those necessary to be part of the registered Users on its Platform.

Zen to Go offers its Users a complete and developed digital Platform, which serves as an intermediary in contracting professional at-home massage Services between the Client and the Therapist, so Zen to Go disclaims any responsibility or obligation regarding the Service, the Therapists, and the Clients themselves, since the Platform has no control over the behavior of the Clients or Therapists.

In other words, Zen to Go is a digital medium, where Clients seeking professional at-home massage Services connect with Therapists willing to provide such Services.

All Services offered by Zen to Go are and will be the property of the same and aim to promote muscular relaxation, mental well-being, and personal welfare.

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III. USERS

To make use of the Services of Zen to Go, both Clients and Therapists must create an account on the Platform, which is free to open.

The Users are solely responsible for providing and keeping updated all information provided to the Platform, as well as any action taken under their account on the Platform.

The User understands that by creating their account on the Platform, they will be subject to the privacy policies of the Platform.

The registration process for User profiles must be completed according to the requirements requested by Zen to Go for the account to be successfully created. At a minimum, the account creation will require the following information according to the User:

Therapists:

• First and last name;

• Current tax identification number;

• Curriculum Vitae;

• Date of birth;

• Address;

• Gender;

• Mobile phone;

• Email;

• Official photo ID;

• Letter of no criminal record;

• National bank account;

• Sign the Specific Conditions Contract for Professional Therapists;

• Tax information.

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The User's account in Zen to Go will serve to access the registered profile at any time, contract and provide the aforementioned Services for both Clients and Therapists, and make the best use of the Platform.

Clients:

• First and last name;

• Date of birth;

• Address;

• Gender;

• Mobile phone;

• Tax information;

• Email;

• Official photo ID; and,

• Payment method information (debit/credit cards, payment in convenience stores, or bank transfers SPEI).

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The profile of the User's account can be edited and modified regarding their data as many times as necessary, so that such data are always updated and valid and so that at the time of access, there is no impediment or error of false information or unrecognized benefits.

The User acknowledges that the information provided about the creation of the User to Zen to Go, is true, correct, current, and updated, disregarding any possibility of deceit, bad faith, or error, and that the User voluntarily created the account for the use of the Service and accepts that their provided data will be protected by the corresponding Privacy Policy.

In the event that the registration information is false, inconsistent, or lacking legality, acts with deceit and/or error whether with the Users, the Services, and false data and/or with the Platform itself. Zen to Go will be free to suspend or immediately cancel the User's account, without prior notice, holding the User responsible at all times for the damages caused.

Zen to Go manifests that for the provision and reservation of the Services stated in these Terms and Conditions, the User must keep the User account active so that communication and assignment of the Service according to the request and to know its procedure status can be carried out. In the event that there is a computer conflict with the account, it must be communicated immediately to the contact email hola@zentogo.com.mx of Zen to Go, and this will guide the User.

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IV. TYPES OF SERVICE

The types of massages offered are:

• Relaxing

• Deep tissue

• Sports

• Prenatal

• Lymphatic drainage

• Reflexology

  
  

The massages may be requested in the following modalities or sessions:

• One massage - session of one massage with one Therapist

• Couple - session of two massages for two people with two Therapists

• One after the other - two massage sessions, one after the other, with the same Therapist

• Massages for groups, events, or parties

  
  

All Services must be carried out at the address established by the Client, and its neighborhood cannot be modified once the reservation is confirmed.

The aforementioned numbers may be modified at any time by Zen to Go, adding, limiting, and/or modifying the types of Services offered.

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V. PAYMENTS

The prices for Services provided through the Platform are subject to change without prior notice and at the complete discretion of Zen to Go, including surcharges for travel expenses and other concepts. All prices include Value Added Tax (VAT).

Zen to Go accepts most national and international credit cards and national bank debit cards.

The card data entered will be processed with SSL encryption. To make payments with credit or debit cards, the CVV code (Card Verification Value) must be entered, which is a code recorded on the card that functions as a security measure in electronic commerce transactions. Credit cards will be subject to pre-authorizations and verifications from their issuing entities; if such entities do not authorize the payment, Zen to Go will not be responsible for the service. The following are reasons why your card may be declined:

• The card may be expired. Please verify that your card has not passed its expiration date.

• The card may have reached its credit limit. Please check with your bank that the card has not exceeded its credit limit.

• You entered the data incorrectly. Please verify that you have entered the correct information in all required fields.

• It is recommended that before purchasing, the Client ensures that there is no blocking on their card to make internet transactions.

  
  

The payment methods for the Services may be modified at any time by Zen to Go, and their mention on the Platform does not limit the modification or inclusion of other methods in the future.

All charges made through the Platform, including charges with debit or credit cards, are processed by a payment processor. The payment processor at this time is Stripe (www.stripe.com). The Platform reserves the right to change payment processors or payment methods without prior notice and whenever it deems necessary. The commission costs originated by the payment processor for each reservation are covered by the Platform. However, the Platform is not responsible for the following transaction costs that may arise with each reservation:

• If payment is with a debit or credit card, charges originated by the Client's bank, whether for interest, chargebacks, or for any other reason or circumstance.

• In the case of payment via SPEI interbank transfers, additional charges originated by the Client's bank; or,

• Tips for good service: If the Client chooses, the tip may be given directly to the Therapist in cash upon completion of the reservation.

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VI. CLIENTS' RIGHTS AND OBLIGATIONS

The Client agrees that the Services are provided by independent professional Therapists and are for relaxing and completely professional use only.

The Client agrees that the Service is performed at their own risk and under no circumstances will sexual, aggressive, and/or violent conduct between the parties be allowed; if there is omission and/or violation of this paragraph, it may result in legal action from the offended party (victim). The parties agree in this document to relieve Zen to Go, as the property of the company, only serving as an intermediary between the Client and the Therapist.

The Client agrees that the Service is performed at their own risk, so Clients who are medicated, suffer from muscular or skeletal diseases, or are in their first trimester of pregnancy should not request a massage.

The Client should consult their doctor if they have doubts before requesting a massage. If the massage is requested by the Client for a third party, the Client should recommend the same to that person.

The Client must comply with the health protocol related to COVID-19 that is communicated here.

The Client must ensure access for the Therapist to the home and at the starting time indicated in the reservation. The Client will do everything necessary for the home to have a sufficiently large and safe space for the Therapist to provide the Services indicated in the reservation. In the event that the Therapist cannot access the Client's home for reasons not attributable to the Therapist, the reservation will be canceled by the Platform without the possibility of complaint or refund for the Client.

The Client undertakes to be available at the home and at the starting time indicated in the reservation. The Therapist will remain at the home and allow up to 20 minutes of tolerance for the Client after the starting time indicated in the reservation. In the event that the Client is not available after the 20 minutes of tolerance, the Therapist may leave the home. The minutes that the Therapist waits will not be compensated in the Service nor will they imply any discount or refund to the Client.

Zen to Go acts as an intermediary between the Therapist and the Client, excluding itself from any obligation regarding the commercial act outside of what is stipulated in this document.

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VII. THERAPISTS' RIGHTS AND OBLIGATIONS

The Services indicated in the reservation will be provided solely and exclusively by the Therapist who requests the reservation and is confirmed by the Platform. The Therapist will provide only the Services indicated by the Client in the Reservation, at the location and within the schedule established therein.

Under no circumstances will sexual, aggressive, and/or violent conduct between the parties be allowed; if there is omission and/or violation of this paragraph, it may result in legal action from the offended party (victim). The parties agree in this document to relieve Zen to Go, as the property of the company, only serving as an intermediary between the Client and the Therapist.

The Therapist must comply with the health protocol related to COVID-19 that is communicated here.

The Therapist acknowledges that the service they provide to clients will comply with all provisions of the Policies of the Official Mexican Standard NOM-035-STPS-2018, published on the Zen To Go website and that for any specific situation of the policy they will follow the established protocols.

The Therapist expressly authorizes the Platform to set the prices of the Services offered on the Platform according to numeral V of these Terms and Conditions.

The Therapist authorizes the Platform to charge and withhold a commission for the Services provided by the Therapist through the Platform. This commission is set by the Platform and can vary, at the Platform's discretion, depending on local market conditions, among other factors.

The Platform will communicate to the Therapist in advance any changes in the calculation of the commission. The continuous use of the Platform and acceptance of new reservations by the Therapist constitutes acceptance of said change.

Tardiness directly and negatively impacts the Client's Service, which is why the Therapist must check in with Zen to Go as soon as they arrive at the Client's home. The check-in will serve as proof in the event of any complaint from the Client regarding the Therapist's punctuality, as well as providing security for the Therapist. The check-in must be performed through the Platform so that the location and arrival time are recorded digitally in the Platform's records.

Zen to Go acts as an intermediary between the Therapist and the Client, excluding itself from any obligation regarding the commercial act or service outside of what is stipulated in this document.

The Specific Conditions for Professional Therapists establish the conditions that Therapists must meet in addition to these Terms and Conditions.

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VIII. CANCELLATION AND REFUND POLICY

a. Reservations for one or two massages

No modifications to an existing reservation are accepted except for: 1) full or partial cancellations; 2) changes the technique of the massage; 3) for whom the massage is for; and/or, 4) specific instructions for the Therapist. Partial cancellations may occur in reservations that have two massages. All cancellations initiated by the Client, whether complete or partial, incur the following penalties for the Client:

• No penalty with more than 24 hours notice before the reservation starts.

• 20% penalty with 4 hours notice before the reservation starts.

• 100% penalty with less than 4 hours notice before the reservation starts.

  
  

All cancellations must be made through the Platform.

The penalty percentages are applied to the net cost plus VAT of the canceled massage(s). Under no circumstances will refunds or cash returns be made.

However, the Platform may grant credits in favor of the Client to be used in future reservations according to clause IX(c) of these Terms and Conditions.

b. Reservations for three or more massages and corporate reservations

The cancellation policy for these reservations depends on each case and is determined by Zen to Go and communicated in advance to the client.

c. Cancellations related to COVID-19 or infectious diseases

The Client or the Therapist must contact Zen to Go at least four hours before the service starts to cancel their reservation in case they present symptoms of COVID-19 or infectious diseases, or have been in contact with anyone presenting such symptoms or have been diagnosed with an infectious disease. The Client must present a positive COVID-19 test taken within the last 72 hours to effect the cancellation and obtain a refund. On the other hand, Zen to Go reserves the right to cancel the service if it concludes that the health of either party is at risk or if local authorities’ regulations restrict the service without prior notice.

d. Cancellations initiated by Zen to Go

Zen to Go reserves the right to cancel any reservation and block Users without prior notice and at its complete discretion, especially if it suspects acts of discrimination, sexual acts, or risks of violence or security that may affect any of its Users. Zen to Go will notify the corresponding Users of the cancellation, as well as any applicable cancellation fee, as soon as possible.

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IX. PROMOTIONS, REFERAL PROGRAMS AND ZEN TO GO BALANCE

Any promotion, promotional code, advertising campaign, benefits, will have sufficient policies to be part of the contents that Zen to Go offers its Users.

Promotions are not retroactive and can only be applied at the time of reservation. Promotions may contain additional restrictions on use and of the type that the Platform deems appropriate, including validity dates, quantity, service eligibility, and geographical location, among others. The Platform reserves the right to reduce or eliminate the benefit of a promotion if it considers that the benefit was granted to the User by mistake, for fraudulent or illegal reasons, or in violation of these Terms and Conditions and the specific restrictions that the promotion may have. These promotions can be offered as promotional coupons or as referral programs, as well as any other type of modality that the Platform chooses:

a. Promotional coupons. These are unique alphanumeric discount codes to be entered by the Client at the time of a reservation that deduct the total cost of said reservation according to the specific restrictions and conditions of that coupon.

b. Referral programs. When creating a Client account, and after completing and paying for their first reservation, the Platform assigns a unique alphanumeric code to the Client. In the referral program called “Clave Zen,” for example, if a third party uses the Client's code in their first reservation, and upon successful completion of that reservation, the Client may receive discount credits towards future Services. Additionally, the third party may receive an immediate discount on their first reservation. The Client's “Clave Zen” is inputted by the third party at the time of their first reservation. Any credits or balance given to the User through these promotions are subject to the conditions of clause IX(c) of these Terms and Conditions.

c. Zen Balance. The Platform, at its complete discretion, may grant credits to the Client's account at any time and for any reason it considers appropriate and necessary. The credits, referred to collectively as “Zen Balance,” are automatically applied against the cost of future reservations as a discount and cannot be used retroactively. With exceptions expressly granted to certain Clients, the credits granted to the Client are not transferable or exchangeable for cash and cease to be valid if the Platform ceases operations. The credits may contain usage restrictions that the Platform considers appropriate, including validity dates, quantity, service eligibility, and geographical location, among others. The Platform reserves the right to reduce or eliminate the credits granted to Clients either because the Platform considers that the credit was granted by mistake, for fraudulent or illegal reasons, or in violation of these Terms and Conditions and the specific restrictions that may have the granted credit.

d. Corporate discounts. The Platform, at its complete discretion, may grant percentage discounts in favor of the Client to be applied at the time of the reservation. The discount rate is mutually agreed upon with the corporate User.

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X. COVERAGE AND AVAILABILITY

The Services of Zen to Go will be available in various cities of the Mexican Republic and may expand to other cities around the world through the Platform's update.

The User must verify that the Services of Zen to Go are available according to their location.

All Services are subject to the availability and acceptance of registered Therapists.

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XI. ACCESS TO CONTENTS AND SECURITY

The contents displayed on the digital Platform of Zen to Go may use images, sounds, photographs, designs, and any form of marketing of its own and third parties, respecting the copyrights and intellectual property rights they contain, and may be modified, suspended, or deleted at any time by Zen to Go.

Likewise, the User acknowledges that the use of the Platform may generate additional costs for the use of mobile data or internet provided by the telephone or internet company with which the User has contracted those Services, so Zen to Go will not be responsible for such costs, nor for the Service provided by such company in favor of the User.

Passwords created for the profiles must be safeguarded by the Users who use them. Zen to Go disclaims any misuse or third-party access to the User's profile.

Any violation of the security system or network of the Platform may result in the cancellation of the User's account, as well as the initiation of any civil or criminal accountability procedures against the User.

The User acknowledges that there may be interruptions in the provision of Services or Updates, or even other events occurring for reasons beyond Zen to Go's control, for which it cannot be held responsible for any lost data during the transmission of information via the Internet.

Zen to Go is exempt from any responsibility that occurs due to interruptions or suspensions of internet access service caused by a failure in the telecommunications system, in the power supply, fortuitous events or force majeure, or an action by third parties that may disable the equipment that provides access to the network.

For the above, Zen to Go is not responsible for any damage, loss, or detriment to the User caused by failures in the system, server, or Internet. Zen to Go will also not be responsible for any virus that may infect the User's equipment as a result of access, use, or examination of the Platform or as a result of any data transfer, files, images, texts, or audio contained therein.

Users may not attribute any responsibility or demand payment for damages, due to technical difficulties or failures in the systems or the Internet. Zen to Go does not guarantee continuous or uninterrupted access and use of the Services.

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XII. INTELLECTUAL PROPERTY

The software, trademarks, and everything related to the digital Platform and all the contents available therein, including links, both those under registration process and completion, are the exclusive property of Zen to Go and are protected by laws and international treaties on copyright, trademarks, patents, models, and industrial designs applicable in Mexico and, if applicable, Internationally.

It is strictly prohibited to copy, distribute, transmit, publish, connect, reverse-engineer, or any other type of modification of the Platform or Contents without the express prior authorization of Zen to Go or, where appropriate, of the holder of the corresponding property rights. The User may not sublicense, sell, resell, transfer, assign or in any way exploit any third party's use of Zen to Go.

Any violation of the provisions in this section will constitute an infringement of intellectual property rights and will subject the User to the applicable administrative, civil, and criminal penalties.

The use of Zen to Go does not confer ownership rights to the User, but rather a license to use.

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XIII. PRIVACY

The issues of privacy and protection of data provided by the Users of Zen to Go will be protected by the Privacy Policy.

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XIV. GENERAL RESPONSIBILITIES

The User understands and acknowledges that access to and use of Zen to Go is done at their sole discretion and under their responsibility and that they will be solely responsible for any damage caused to the computer system or their mobile device. Under no circumstances will Zen to Go, its employees, contractors, directors, agents, developers, be liable for any direct or indirect damages resulting from the use or misuse of Zen to Go as its Services are exclusive and at the Users' own risk.

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XV. UNFAIR COMPETITION

Users designated as "Corporates" on the Platform are prohibited from transferring and/or in any way copying and/or developing partially and/or totally the services, work methods, intellectual property, know-how, or type of business of Zen to Go. This is applicable both during corporate collaboration and after it. In the case that this clause is violated, Zen to Go may initiate legal action against the "Corporate" User.

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XVI. USE OF COOKIES

The User acknowledges and accepts the use of cookies (see Privacy Policy).

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XVII. VALIDITY AND MODIFICATIONS

The present Terms and Conditions of Zen to Go come into effect from the moment the User uses the Platform and accepts the Terms and Conditions.

For its part, Zen to Go reserves the right to terminate the present document as well as to cease the provision of Services at any time, without prior notice.

Modifications to these Terms and Conditions may be made at any time by Zen to Go, without this causing detriment to the same Platform or Users.

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XVIII. FINAL PROVISIONS

For all matters related to the compliance and interpretation of these Terms and Conditions, the parties submit to the applicable legislation, as well as to the jurisdiction of the competent courts, waiving in this act any jurisdiction that due to their present or future domicile may correspond to them.

The User hereby accepts that they have read carefully and understand the content and scope of each of the provisions contained in the Terms and Conditions and in the Privacy Policy.

The present or future Services will be endorsed and based on these Terms and Conditions, which enumerate the corresponding Services to Zen to Go, but are not limiting of them.

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XIV. CONTACT AND INFORMATION

Any questions, suggestions, or complaints, Zen to Go provides its Help Center at the address hola@zentogo.com.mx.