Terms and Conditions

Last updated: July 5, 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. With respect to the operation of the loyalty Program, Xtarly acts solely as a technology provider. The processing of your personal data is governed by the Privacy Notice, not by this clause. 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. Xtarly's total aggregate liability to the User is in any event limited to MXN $500.00 (or its equivalent in local currency).

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

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 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. If you exceed the transactions included in your plan in a given period, the charge may include the additional usage at the per-transaction rate published on the pricing page.

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). The currency and exact amount are shown on the pricing page and confirmed at checkout before you subscribe. Applicable taxes, if any, are shown in that same process.

14. Contact

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