Terms and Conditions

Last updated: October 7, 2026 Effective date: July 5, 2026

These Terms and Conditions (the "Terms") govern access to and use of the Xtarly Rewards mobile application and the white-label applications powered by the Xtarly platform (including, without limitation, Caffenio Rewards), as well as the website https://www.xtarly.com (together, the "Services"), operated by Rodrigo de la Torre González (individual sole proprietor) ("Xtarly", "we"), with registered address at Av. Vallarta 4327, Camino Real, 45040, Zapopan, Jalisco, Mexico.

By registering or using the Services you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

Program Customer / User: a natural person who registers in a loyalty program through the Services.
Program Operator: the business or brand that owns a loyalty program running on the Xtarly platform (e.g., Caffenio).
Points / Stamps: virtual units credited to the User as a result of purchases, promotions or other actions defined by the Program Operator.
Rewards: goods or discounts the User may redeem with Points or Stamps under the Operator's rules.
Account: the User's personal profile in the Services.

2. Capacity and registration

2.1. To use the Services you must be at least 13 years old (16 in the European Union) and have legal capacity. Minors require verifiable parental or guardian consent.

2.2. You agree to provide truthful, accurate and up-to-date information at registration and to keep your password confidential. You are responsible for all activity performed from your Account.

2.3. A single email address may only be associated with one Account per program.

3. Loyalty program

3.1. The Services allow the User to accumulate Points or Stamps and redeem them for Rewards under the rules set by the Program Operator they enrolled with.

3.2. Xtarly's role in the Program. Xtarly provides the technology platform on which the loyalty Program runs. With respect to the personal data of Program Customers, the Program Operator is the controller (responsable) and Xtarly acts as processor (persona encargada): it processes that data on behalf of and under the instructions of the Operator, as set out in section 13.11 and in the Privacy Notice. The Program Operator is solely responsible for:

Defining and modifying program rules (Points value, Rewards catalogue, tiers, expiration, etc.).
Delivering redeemed Rewards.
The quality of goods or services offered.
Handling complaints related to purchases, credits and redemptions.

3.3. Points, Stamps and Rewards have no monetary value, are not transferable, are not redeemable for cash and may expire according to the Operator's rules.

3.4. The Operator may modify program rules with reasonable prior notice. Changes will not affect already-completed redemptions.

4. Acceptable use

You agree not to:

Use the Services for unlawful or unauthorized purposes.
Create fake or multiple Accounts, or Accounts with third-party data without their consent.
Manipulate, automate or abuse the accrual or redemption system (including bots, scripts, reverse engineering or bug exploitation).
Sell, assign or transfer your Account, Points or Rewards.
Attempt to access, alter or interfere with the security of the Services.
Upload content (avatar, name, etc.) that is illegal, offensive, defamatory, infringes third-party rights or contains others' personal data.
Use the Services to send unsolicited advertising or malicious content.

Violation may result in the immediate suspension or cancellation of your Account and forfeiture of accumulated Points, without prejudice to any applicable legal action.

5. Account termination

5.1. You may delete your Account at any time from Settings → Account → Delete account inside the app or at https://www.xtarly.com/legal/delete-account.

5.2. Upon deletion you will permanently lose your Points, Stamps, unredeemed Rewards and visible history. Some data may be retained for legal or tax purposes under the Privacy Policy.

5.3. We may suspend or cancel your Account, with or without prior notice, in case of breach of these Terms, fraud, abuse or legal requirement.

6. Service availability

6.1. The Services are provided "as is" and "as available". We do not warrant that they will be error-free or uninterrupted.

6.2. We may perform maintenance, updates or changes at any time.

6.3. Certain features require a recent OS version and an Internet connection. You are responsible for data charges from your mobile carrier.

7. Intellectual property

7.1. The Services, their code, design, trademarks, logos and content are owned by Xtarly, the Program Operator or their respective owners, and are protected by applicable intellectual and industrial property laws.

7.2. You are granted a personal, limited, non-exclusive, non-transferable and revocable license to use the Services in accordance with these Terms.

7.3. Any content you upload (e.g., avatar) remains yours. You grant us a worldwide, royalty-free, non-exclusive license to host and display it for the sole purpose of providing the Service.

8. Notifications

By enabling push notifications you agree to receive transactional alerts and, optionally, promotional communications from the Program Operator. You may disable them at any time from your device or app settings.

9. Limitation of liability

9.1. To the maximum extent permitted by law, Xtarly shall not be liable for indirect, incidental, consequential damages, lost profits or loss of data arising from the use or inability to use the Services.

9.2. Loyalty program Users. Xtarly's total aggregate liability to the User is in any event limited to MXN $500.00 (or its equivalent in local currency). This limitation does not affect any rights that applicable consumer-protection law grants you and that cannot be waived.

9.3. Xtarly is not responsible for the delivery, quality or availability of Rewards, which are the sole responsibility of the Program Operator.

9.4. Program Operators on a paid plan. Towards a Program Operator that purchases a paid plan (section 13), Xtarly's total aggregate liability for all claims arising from these Terms or from the use of the platform is limited to the total fees that Operator paid to Xtarly during the twelve (12) months immediately preceding the event giving rise to the claim. The limitations in this section do not apply to damages caused by Xtarly's wilful misconduct or gross negligence, or where the law does not allow liability to be limited.

10. Indemnification

You agree to indemnify and hold harmless Xtarly, its affiliates and personnel, from any claim, damage or expense (including reasonable legal fees) arising from (i) your breach of these Terms, (ii) content you upload or (iii) misuse of the Services.

11. Changes

We may amend these Terms. The current version will be posted at this URL. If changes are material, we will notify you at least 15 days in advance by email or in-app. Continued use of the Services after the effective date implies acceptance of the changes.

12. Governing law and jurisdiction

These Terms are governed by the laws of the United Mexican States, State of Jalisco. For their interpretation and enforcement, the parties submit to the exclusive jurisdiction of the competent courts of Zapopan, Jalisco, waiving any other venue that may correspond to them.

If you are a consumer in Mexico, you retain the non-waivable rights granted to you by the Federal Consumer Protection Law (LFPC), including the right to go to the Federal Consumer Protection Agency (PROFECO).

If you are a consumer in the European Union or United Kingdom, you retain the mandatory consumer-protection rights of your country of residence.

13. Paid subscriptions for Program Operators (merchants)

This section applies exclusively to merchants and brands that purchase a paid plan of the Xtarly platform (e.g. Wallet, Shared, Branded or Premium), not to end Users of the loyalty program.

13.1. Automatic recurring billing. Paid plans are auto-renewing subscriptions. By purchasing a plan you expressly and knowingly authorize recurring automatic charges to your payment method, with the billing period (monthly or yearly), amount and currency shown on the pricing page and confirmed at checkout before you subscribe. Using the platform does not generate per-transaction charges: your plan's amount is the only recurring charge, other than any add-ons you purchase separately, which are shown and confirmed before you purchase them.

13.2. Advance notice of each renewal. We will notify you by email at least 5 calendar days before each renewal charge, stating the amount, the charge date and how to cancel, in accordance with article 76 Bis of the Mexican Federal Consumer Protection Law (LFPC).

13.3. Free trial. If your plan includes a trial period, no charge is made during the trial. Before it ends we will email you the date and amount of the first charge. If you cancel before the trial ends, you are not charged anything.

13.4. Cancellation without penalty. You may cancel your subscription at any time, through the same channel you used to subscribe, from your dashboard (Settings → Billing), with no penalty or additional charges. Cancellation takes effect at the end of the period already paid, and you keep access to the service until that date.

13.5. Price changes. Any change to your plan's price will be notified by email at least 30 calendar days in advance and will apply starting from the next renewal period. If you do not agree, you may cancel before the new price takes effect.

13.6. Currency and taxes. The billing currency is determined by your location: in Mexico prices are shown and charged in Mexican pesos (MXN), and in all other countries in US dollars (USD). Prices are expressed in the currency indicated; the currency and exact amount are shown on the pricing page and confirmed at checkout before you subscribe. Applicable taxes, if any, are disclosed in that same process, before you confirm payment.

13.7. Capabilities included in your plan. Each plan includes a number of branches, shown on the pricing page and confirmed before you subscribe. If your operation reaches that number, you keep the branches you already have —they are never deactivated— and you can move up a plan to add another. Any change to the included capabilities will be notified to you by email at least 30 calendar days in advance and will apply from the next renewal period; if you do not agree, you may cancel without penalty before it takes effect.

13.8. Refunds. Fees for billing periods that have already started are non-refundable: if you cancel, no further charges are made and you keep access until the end of the paid period (13.4). We do refund in full, to the same payment method and through Stripe: we issue the refund within 10 business days of confirming it, and the time it takes to appear on your statement depends on your bank. We refund: (a) any charge made after you cancelled under 13.4 or during the free trial under 13.3; (b) duplicate charges or charges for an amount other than the one disclosed; and (c) any other case in which applicable law grants you a right to a refund that cannot be limited. To request one, email atencion@xtarly.com stating the business and the charge date.

13.9. Suspension for non-payment. If a renewal charge cannot be completed, we will notify you by email and may retry the charge. If payment is not regularised within 15 calendar days of the failed charge, we may suspend the paid-plan features until it is; your customers keep their points and their card during the suspension. If the suspension lasts more than 60 calendar days, we may terminate the subscription and section 13.10 applies.

13.10. Effects of termination on your data. When your subscription ends —by cancellation, non-payment or any other cause—: (a) for the following 30 calendar days you may ask us at atencion@xtarly.com to export your business and program information (customers, balances, transactions and configuration) in a structured, commonly used format; if you subscribe again within that period, your information is reactivated without loss; (b) after that period, we will delete or anonymise, within a maximum of 90 calendar days, your business data and your Program's data about your Customers (their enrolment, balances, transactions and redemptions in your Program), except data we must keep under legal or tax obligations or to defend claims, which is blocked and used only for that purpose. The personal account each Customer holds in the Services and their participation in other Operators' programs are not deleted because your subscription ends: they are governed by the Privacy Notice.

13.11. Processing of data on behalf of the Operator (data processing terms). With respect to the personal data of your Program Customers, you are the controller and Xtarly is the processor. While your subscription is active and until the deletion provided for in 13.10, Xtarly: (i) processes that data solely to operate your program under these Terms and the instructions you give through the platform; (ii) keeps it confidential and limits staff access to what is necessary; (iii) applies the security measures described in the Privacy Notice; (iv) only uses the providers (sub-processors) listed in section 6 of the Privacy Notice, bound by equivalent obligations, and will inform you of changes to that list by updating the Notice; (v) does not transfer that data to third parties except on your instruction or at the request of a competent authority; (vi) will notify you without undue delay of security breaches that significantly affect that data; (vii) assists you in handling your customers' data-subject (ARCO) requests and forwards to you any it receives; and (viii) on termination, makes the data available to you and deletes it in accordance with 13.10. You are responsible for having your own privacy notice towards your customers, for obtaining any consents your program requires and for giving lawful instructions. If a data processing agreement or annex has been signed between you and Xtarly, that document prevails over this clause.

14. Integrations and AI assistants authorized by the Program Operator

This section applies to people who manage a business on the Xtarly platform (owners and administrators of the Program Operator), not to end Users of the loyalty program.

14.1. Authorization. You may authorize third-party applications —for example, artificial-intelligence assistants such as Claude, by Anthropic— to access your Xtarly account. You do so on our authorization screen, which shows you the application, the permissions it requests and the site the connection returns to. The application can only do what those permissions and your own role in the business allow.

14.2. Acts performed with your authorization. Actions the application performs with your authorization (for example, changing the program rules; creating, activating, editing or deleting rewards or coupons; changing your menu, branches or business details; inviting your staff; or creating, scheduling or cancelling campaigns, or turning on and setting up automatic notices to your customers) are deemed performed by you on behalf of the business, are recorded in the business activity log and have the same effects as if you performed them from the dashboard, including the notices and messages your customers receive and any charges from the providers of the channels you contracted (for example, Meta for WhatsApp messages or your Resend account for emails). Xtarly does not charge per message. The content of your campaigns, automatic notices and coupons, including the promotions, discounts and rewards they announce and their conditions, is the Program Operator's responsibility even if the application drafted it. It is your responsibility to review what the application proposes before approving it and to check the result. This does not modify section 3.2: the program rules remain the responsibility of the Program Operator.

14.3. Third-party service. The application you connect is not an Xtarly provider and does not act on our behalf: you choose it and use it, with your own account and under the terms and privacy policy of whoever offers it. Xtarly does not control or guarantee its answers, suggestions or errors, nor the use it makes of the information you ask it to read. What the application receives from Xtarly is described in our Privacy Policy.

14.4. Revocation. You may withdraw the authorization at any time from Account settings → Security or from the application itself. From that moment the application can no longer access your account. Changes it already made are not automatically reverted.

14.5. Security. We may limit, suspend or revoke a connection, even without prior notice, if we detect use that puts the security of the Services, your account or the program's customers at risk, or that exceeds technical usage limits.

14.6. Optional feature. Integrations with third-party applications are optional, may change or be withdrawn, and are provided under section 6.

15. Contact

Rodrigo de la Torre González (individual sole proprietor) Av. Vallarta 4327, Camino Real, 45040, Zapopan, Jalisco, Mexico 📧 atencion@xtarly.com 🌐 https://www.xtarly.com

16. Language of these Terms

These Terms are published in Spanish and in English. In case of any discrepancy or doubt of interpretation between the two versions, the Spanish version prevails.