Terms of Service
This is a courtesy English translation. In case of any discrepancy, the Spanish version prevails.
1. Identity of the operator
PunchyPass is a platform operated by Astral Restaurant Systems, with its address at Sinaloa 179, Roma Norte, Mexico City ("PunchyPass", "we"). These Terms of Service govern the use of PunchyPass Pro by the businesses that subscribe to it ("the Business", "you").
2. Scope and acceptance
PunchyPass Pro lets you create and operate digital loyalty programs: issue cards in Apple Wallet and Google Wallet, record stamps, manage rewards, manage your contact base, and send communications to your customers. By creating an account and subscribing to the service you accept these terms. If you accept them on behalf of a legal entity, you represent that you have the authority to bind it.
These terms are different from the Loyalty Program Terms accepted by end customers when they join your program.
3. Your account
- Authentication is handled through Auth0; you are responsible for safeguarding access to your account and for the activity that occurs in it.
- You must provide truthful information and keep it up to date.
- One account corresponds to one business. Do not share it with third parties outside your operation.
4. Subscription, plans, and billing
- The service is offered under a subscription. The price, plan, and applicable limits (including the issued-cards quota) are those in effect at the time you subscribe.
- Payments are processed through Stripe. PunchyPass does not store your full card data.
- Unless otherwise indicated, the subscription renews automatically at the end of each period. Prices may include or exclude taxes as specified at the time of purchase.
- You can cancel the renewal at any time; cancellation takes effect at the end of the period already paid and does not generate prorated refunds, unless applicable law requires otherwise.
5. Acceptable use
You agree not to use the service for unlawful purposes and not to:
- Send communications to people who did not give you their consent or who unsubscribed.
- Upload content that infringes third-party rights or that is misleading, offensive, or illegal.
- Attempt to breach the platform's security, resell access, or overload the infrastructure through automated means.
6. Responsibilities of the Business
You are solely responsible for your loyalty program towards your customers: the stamp rules, the rewards you offer and their fulfillment, and your customer service. You are likewise responsible for complying with consumer protection legislation and for obtaining the necessary consent before sending marketing communications. With respect to your customers' data, you act as the data controller and PunchyPass as the processor handling it on your behalf.
7. Intellectual property
PunchyPass retains all rights to the platform, its software, and its brand. We grant you a limited, non-exclusive, non-transferable license to use the service while your subscription is active. You retain the rights to your brand and the content you upload, and you authorize us to use them to the extent necessary to provide the service (for example, displaying your logo on your customers' cards).
8. Availability and support
We make reasonable efforts to keep the service available, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, changes, or improvements that temporarily affect availability.
9. Data and privacy
The processing of personal data is governed by our Privacy Notice, which describes the data processors and the applicable security measures.
10. Limitation of liability and indemnification
To the extent permitted by law, PunchyPass's total liability towards you is limited to the amount you paid for the service in the three months prior to the event giving rise to the claim. PunchyPass will not be liable for indirect or incidental damages or for lost profits. You agree to hold PunchyPass harmless from claims by your customers or third parties arising from your loyalty program or from your breach of these terms.
11. Term and termination
These terms remain in effect while you keep an active account. We may suspend or terminate your access in case of a serious breach or non-payment. Upon termination of the relationship, the programs and your customers' cards associated with your account will no longer be active. Data retention and deletion are handled in accordance with the Privacy Notice.
12. Changes to these terms
We may update these terms to reflect changes in the service, in prices, or in applicable law. Any modification will be published at this same URL with its new date and version number; if the changes are substantial, we will notify you.
13. Governing law and jurisdiction
These terms are governed by the laws of the United Mexican States. For any dispute, the parties submit to the competent courts of Mexico City, waiving any other jurisdiction. For questions about these terms, write to us at contacto@punchypass.com.