Terms of Use

Last updated: September 2026

1. Parties, Acceptance and Business-Only Use

These Terms of Use (the "Terms") govern the use of the Fidelip platform (the "Service"), operated by DESARROLLO Y SOLUCIONES DE SOFTWARE ("Fidelip", "we", "us"), with its address at Av. Lateral Vía Atlixcáyotl 5210, Col. Emiliano Zapata, San Andrés Cholula, Puebla, C.P. 72810, Mexico. "You" or the "Business" means the company or professional that creates an account.

The Service is offered only to businesses and professionals acting in the course of their trade, business or profession, and not to consumers. The person accepting these Terms represents that they have authority to bind the Business. By creating an account, subscribing to a plan or using the Service, the Business accepts these Terms. If you do not agree, do not use the Service.

The Business's own customers (the people who save a card to their Wallet or answer a survey) are not parties to these Terms; their relationship is with the Business.

2. Description of the Service and Plans

Fidelip is a software-as-a-service (SaaS) platform that lets the Business:

• Create digital loyalty cards (stamps, points and membership / benefits card) for Apple Wallet and Google Wallet, and send notifications to those cards
• Create customer satisfaction surveys (including NPS and tablet kiosk mode) and review their responses
• Manage its customers, rewards, vouchers, email campaigns and automations
• View analytics in its dashboard
• Operate the Service at the counter with the staff app (iOS and Android)
• Connect, if it so chooses, a third-party artificial intelligence assistant to its account. The Business chooses that provider, accepts its terms and is responsible for the information it shares with it

The current plans are:

• Surveys (Encuestas): surveys only, priced per Business.
• Surveys + Loyalty (Encuestas + Lealtad): surveys and loyalty, priced per location, with up to 10,000 customers per Business.
• Enterprise (Empresa): custom terms agreed in a separate contract, which prevails over these Terms on the matters it covers.

Plans that include surveys include 1 active survey and 10,000 responses per month; additional surveys, response blocks, locations, cards and email credits can be purchased. Each plan's features, limits and add-ons are those published on fidelip.com and in the documentation at the time of subscription. We may improve or change features of the Service; if we remove an essential feature of your plan, we will give you reasonable advance notice.

3. Account, Users and Security

The Business must provide truthful and complete information and keep it up to date. The Business:

• Is responsible for keeping its login credentials confidential, and those of the users it creates for its staff (admins, employees and kiosks)
• Is responsible for all activity under its account, including the acts of its staff and of any integrations or assistants it connects
• Must remove access for anyone who no longer works with it
• Must notify us immediately of any unauthorized use

We recommend turning on two-step verification, available in the dashboard.

4. Acceptable Use

The Business agrees NOT to use the Service to:

• Carry out illegal, deceptive or fraudulent activities, including fraud involving points, stamps or rewards
• Send emails or notifications without the legal basis required by the law of the place where the Business and its customers are located (for example, the CAN-SPAM Act in the United States, Canada's Anti-Spam Legislation (CASL), GDPR and LSSI consent in Spain, or the LFPDPPP in Mexico), or send spam
• Collect data from children under 13 (including under the US COPPA law) or from minors below the age of digital consent set by applicable law, without the authorization that law requires
• Request or store sensitive data (health, ethnic origin, religion, financial or payment data, government IDs, passwords and the like) in surveys, notes or free-text fields
• Infringe third parties' intellectual property or image rights
• Distribute malware or attempt to access systems or accounts without authorization
• Resell, sublicense or give access to the Service to third parties outside the Business, unless agreed in writing
• Reverse engineer, extract data by automated means (scraping) or run load, security or penetration tests without our written permission
• Breach the policies of Apple Wallet, Google Wallet or the app stores

5. Your Customers' Data: the Business's Responsibilities

With respect to the personal data of its customers and its staff, the Business is the controller ("responsable") and Fidelip acts as processor ("encargado"). The Business must therefore:

• Provide its own privacy notice to its customers
• Have a lawful basis or the consent required to enroll its customers in its loyalty program, survey them and send them marketing communications
• In Canada, send commercial electronic messages only to customers who have consented under Canada's Anti-Spam Legislation (CASL). Customers who sign up on Fidelip's pages give that consent with a box that is never pre-ticked; for customers the Business imports or adds by other means, the Business represents that it holds that consent and keeps proof of it
• In Canada, tell its customers, in its own privacy notice, that their data is processed in the United States by a service provider, and how they can obtain more information
• Handle its customers' requests to access, correct, object to or delete their data. Fidelip gives it tools for this: the customer portal (where each person can view and delete their account), data export, and the unsubscribe link in every email
• Keep the contact data it collects accurate

6. Processing of Data on the Business's Behalf

This clause applies to the personal data of the Business's customers and staff that Fidelip processes within the Service on the Business's behalf, and constitutes the processing agreement required by Article 28 of the General Data Protection Regulation (GDPR) and by Mexican personal data protection law. Data that Fidelip processes as controller (for example, billing data and the data of the person who subscribes) is governed by our Privacy Notice. Fidelip:

• Processes the data only on the Business's documented instructions, which are these Terms and the Business's configuration of the Service, unless the law requires otherwise, in which case it will inform the Business where the law permits
• Requires the people authorized to process the data to keep it confidential
• Applies appropriate technical and organizational security measures, described in general terms in the Privacy Notice, and in more detail at the Business's request
• Uses sub-processors in the categories set out in the Privacy Notice, on whom it imposes equivalent obligations; the detailed list is available on request at [email protected]. It will give the Business reasonable advance notice of any new or replacement sub-processor; the Business may object on reasonable grounds and, if the objection is not resolved, terminate the Service
• Reasonably assists the Business in responding to data subjects' requests and in carrying out impact assessments or consultations with authorities
• Notifies the Business without undue delay of any security breach affecting its data, aiming to do so within 72 hours of confirming it, with the information available so the Business can meet its own obligations
• When the Service ends, keeps the data for 30 days so the Business can export it and then deletes it, unless the law requires the data to be kept. Backups are overwritten periodically; if we restored one, we would apply the deletions again
• Makes available to the Business, on reasonable request, the information needed to demonstrate compliance with this clause

International transfers. The Service is hosted in the United States. Data from the European Economic Area is transferred under the European Union's Standard Contractual Clauses and, where the recipient is certified, the EU-U.S. Data Privacy Framework.

Businesses in the United States. Fidelip acts as a "service provider" or "processor" under US state privacy laws. It does not sell or share the personal information of the Business's customers, and does not retain, use or disclose it outside the direct business relationship with the Business, except as those laws permit.

Businesses in Canada. For the Business's customers' data, Fidelip acts as a service provider: it processes the data only to provide the Service, protects it with the measures in this clause and notifies the Business of any security breach, with the information available, so the Business can assess whether to report it and record it. The data is hosted in the United States, where its courts and authorities may access it under their laws.

If the Business needs a separately signed data processing agreement (DPA), it can request one at [email protected].

7. Prices, Taxes and Billing

Prices are those shown on fidelip.com and at checkout for the Business's country, and are charged in that market's currency: Mexican pesos (MXN), US dollars (USD), Canadian dollars (CAD) or euros (EUR); in Latin American markets, once they open, in the local currency or in USD.

• Mexico: prices include VAT (IVA).
• United States: prices do not include sales tax; any applicable taxes will be added.
• Canada: prices are final; Fidelip does not add Canadian sales taxes (GST/HST, QST or provincial taxes).
• Spain, the rest of the European Economic Area and other countries: the price shown is the final amount Fidelip charges. The Business is responsible for self-assessing any VAT or other local taxes that apply to it (reverse charge) and for providing a valid tax ID.

The currency is set by the first subscription and cannot be changed afterwards. Payments are processed by Stripe. By subscribing, the Business authorizes recurring charges, monthly or annual as it chooses (the annual plan equals 10 months of the monthly price, as published), plus the per-location and add-on charges it has subscribed to. Upgrades to a plan or add-ons are charged immediately for the prorated part of the period; reductions apply without a refund of the current period, as shown in the dashboard before you confirm.

Invoices. Businesses in Mexico receive a CFDI, issued on request by our accounting team using the tax details they register in the dashboard; issuance is not automatic. In other markets the Business receives Stripe's invoice or receipt.

If a payment cannot be collected, we will notify you and the account may be frozen (no new purchases, redemptions, customer sign-ups or survey responses can be recorded) until payment is brought up to date.

8. Free Trial, Automatic Renewal and Cancellation

• 10-day trial. A card is required at sign-up, but nothing is charged until the trial ends. If you cancel before it ends, you will not be charged.
• Automatic renewal. When the trial ends, the first period of the chosen plan is charged, and the subscription renews automatically at the start of each period (monthly or annual), charged to the card on file, until the Business cancels it.
• Cancellation. You can cancel at any time from the billing section of the dashboard. Cancellation takes effect at the end of the period already paid, and the Service remains available until then.
• Refunds. There are no refunds for partial periods or for the unused part of a period, except where mandatory law provides otherwise (including, where applicable, Mexico's Federal Consumer Protection Law, Ley Federal de Protección al Consumidor).

9. Price Changes

We may change prices. We will notify you by email at least 30 days before a change applies to your subscription; the new price will apply from the next renewal. If you do not agree, you may cancel before that date.

10. Intellectual Property and Content

The Service, its software, design, trademarks and documentation are the property of DESARROLLO Y SOLUCIONES DE SOFTWARE or its licensors, and are protected by the intellectual property laws of Mexico and international treaties. While your subscription is active, we grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

The Business retains all rights to the content it uploads to or generates in the Service (logos, images, text, customer data and responses) and grants us a limited, non-exclusive, worldwide license to host, reproduce and display it only to the extent necessary to provide the Service (for example, on Wallet cards and in the emails the Business sends). The Business warrants that it holds the rights to that content.

If you send us comments or suggestions, we may use them freely to improve the Service, without any obligation to you. Apple Wallet, Google Wallet and other third-party trademarks belong to their respective owners.

11. Third-Party Services

The Service relies on third-party services such as Apple Wallet, Google Wallet, the app stores, Stripe and email delivery providers. Fidelip does not control their availability, policies or changes, and is not responsible for them: for example, a pass rejected by Apple or Google, or an email filtered as spam by the recipient's provider.

12. Service Availability

We strive to keep the Service available at all times, but for plans purchased online we do not guarantee any particular level of availability. There may be scheduled maintenance and interruptions beyond our control. The Enterprise plan may have its own service level agreement in its contract.

13. Warranties and Limitation of Liability

The Service is provided "as is" and "as available". To the maximum extent permitted by law, Fidelip gives no implied warranties of merchantability, fitness for a particular purpose, or that the Service will be error-free.

To the maximum extent permitted by law, Fidelip shall not be liable for any indirect, incidental, special or consequential damages, or for lost profits, revenue, customers or data. Fidelip's total liability for any claim relating to the Service shall not exceed the amount the Business paid Fidelip in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for willful misconduct or gross negligence.

14. Indemnification

The Business will defend, hold harmless and indemnify Fidelip against third-party claims (including by its customers and by authorities), and the resulting damages, fines and reasonable expenses, arising from the Business's content, the communications it sends to its customers, its processing of personal data, or its breach of these Terms or of the law.

15. Suspension, Termination and Data Retention

We may suspend or terminate access to the Service if the Business:

• Breaches these Terms, in particular the acceptable use section
• Fails to make the corresponding payments
• Uses the Service fraudulently or in a way that puts Fidelip, other users or third parties at risk

Except in serious or urgent cases, we will notify you first and give you an opportunity to correct the situation. The Business may terminate at any time by cancelling its subscription or requesting deletion of its account.

After termination or a deletion request, the account data is kept for 30 days, during which the Business can export it; it is then permanently deleted. The Business's customers can still delete their own data from the customer portal. Sections that by their nature should survive (outstanding payments, intellectual property, limitation of liability, indemnification and governing law) remain in force.

16. Changes to These Terms

We may change these Terms. Material changes will be notified by email at least 30 days in advance; other changes, by publishing the new version with its update date. If the Business continues to use the Service after the effective date, it is deemed to accept the changes; if it does not agree, it may cancel before that date.

17. Governing Law, Jurisdiction and Language

These Terms are governed by the federal laws of the United Mexican States. For any dispute, the parties submit to the competent courts of the city of Puebla, Puebla, Mexico, and waive any other jurisdiction that might otherwise apply to them. This does not deprive either party of the mandatory protections of the law of its country that cannot be waived.

These Terms are written in Spanish. Any translation is provided as a courtesy only and, in the event of any discrepancy, the Spanish version prevails.

18. Export Controls and Sanctions

The Business may not use the Service in countries or territories, or by persons, to which applicable law (including United States, European Union or United Nations sanctions) prohibits providing it, and represents that it is not on any sanctioned persons list.

19. Contact

For any questions about these Terms, you can reach us at:

• [email protected] (answered by a person during business hours)
• Address: Av. Lateral Vía Atlixcáyotl 5210, Col. Emiliano Zapata, San Andrés Cholula, Puebla, C.P. 72810, Mexico

See also our Privacy Notice and our Cookie Policy.