Terms of service

These terms govern the use of Fidelize, operated by Juan Pablo Aboytes Dessens (“Fidelize”, “we”, “us”). By creating a business account or signing up for a loyalty card, you accept these terms and our Privacy notice.

1. What Fidelize is

Fidelize is a platform that lets businesses create a stamp-card loyalty program and give it to their customers as a digital pass in Apple Wallet or Google Wallet. Fidelize provides the tool; each program, its rewards and honouring them belong to the business that offers it.

2. For customers who sign up for a card

• Signing up is free and does not require creating an account.
• Rewards, rules and expiry dates are set and honoured by the business. Any question about a reward must be taken up directly with that business.
• Stamps have no cash value, are not transferable and cannot be exchanged for money.
• The business may change or end its program. Fidelize does not guarantee the availability of rewards.
• Passes are shown through Apple Wallet and Google Wallet, which are also subject to Apple’s and Google’s own terms.

3. For businesses

• You must provide accurate information and keep your password confidential. You are responsible for everything done with your account and your staff’s.
• You are responsible for the rewards you offer, for honouring them and for clearly telling your customers their conditions.
• You are responsible for handling your customers’ data lawfully; Fidelize processes it on your behalf to run the service, as described in the Privacy notice.
• You confirm you hold the rights to the name, logo, photos and any other content you upload, and you authorise us to use them to display your program and generate your customers’ passes.
• You may not use Fidelize for unlawful or misleading activities, to send unsolicited communications, or to offer products prohibited by law or by Apple’s or Google’s policies.
• Commercial terms (price, plan and payment method), when they apply, will be agreed separately and in writing.

4. Service availability

We work to keep Fidelize available and working correctly, but the service is provided “as is” and may have interruptions, particularly due to failures at providers such as Apple or Google. If a pass does not update, the card’s status in Fidelize remains the one that counts, and the business’s staff can check it.

5. Suspension and termination

You may stop using Fidelize at any time. We may suspend or close accounts that breach these terms, the law, or Apple’s or Google’s policies, with notice where possible.

6. Intellectual property

The Fidelize software, design and brand are ours. Each business’s content (name, logo, photos) remains that business’s. Apple Wallet is a trademark of Apple Inc. and Google Wallet is a trademark of Google LLC.

7. Liability

To the extent permitted by law, Fidelize is not liable for indirect damages, for a business’s failure to honour rewards, or for failures of third-party services. Nothing in these terms limits the rights granted to you by Mexico’s Federal Consumer Protection Law.

8. Changes

We may update these terms. We will publish the current version on this page with its date; if the change is significant, we will notify registered businesses.

9. Governing law

These terms are governed by the laws of the United Mexican States. Any dispute will be submitted to the competent courts of the responsible party’s domicile (Col. Santa María, Mexicali, Baja California, Mexico), without prejudice to the rights the law grants consumers.