Terms of Service

1. Parties and Acceptance

These Terms of Service (the "Terms") constitute an agreement between you (the individual or legal entity that creates an account or uses the service, referred to as "you" or the "User") and the service provider. The responsible party is the individual Alexis Ulises Barba Pérez, operating under the trade name "Espres" (RFC: BAPA950302880), with address at Calle Ures #450, Tepic, Nayarit, C.P. 63058, México (hereinafter "Espres", "we", or "us").

By clicking "I accept the Terms of Service", by creating an account, or by accessing any feature of the service, you represent that you have read, understood, and agreed to these Terms in their entirety. This electronic acceptance has full legal validity under Articles 89 to 114 of the Mexican Commercial Code (Código de Comercio).

If you are acting on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" refers to both the legal entity and the individual acting on its behalf.

2. Description of Service

Espres is a software-as-a-service (SaaS) business management platform focused on sales route management, customer tracking, and inventory management, aimed at small and medium-sized businesses. The service is provided primarily through the website espres.app and a complementary mobile application.

Espres reserves the right to modify, suspend, or discontinue service features, with or without prior notice, provided that such action does not unreasonably affect users with an active paid subscription. Material changes to the service will be communicated with at least fifteen (15) calendar days' advance notice.

3. Permitted Use and Restrictions

You agree to use the service exclusively for lawful business purposes and in compliance with applicable Mexican law, including without limitation the Federal Consumer Protection Law, the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), and the Commercial Code.

The following are expressly prohibited: (a) accessing or attempting to access other users' accounts; (b) reverse engineering, decompiling, or disassembling any part of the service; (c) transmitting malicious code, viruses, or any harmful software; (d) using the service for unlawful activities, including those that violate third-party rights; (e) reselling or sublicensing the service without prior written authorization from Espres; (f) overloading or interfering with the operation of the service's infrastructure.

Violation of these restrictions may result in immediate suspension or termination of your account, without prejudice to any applicable legal action.

4. User Accounts and Security

You are responsible for maintaining the confidentiality of your access credentials (email and password). Espres will not be liable for losses or damages resulting from unauthorized access to your account when such access results from your failure to safeguard your credentials.

Each account is linked to an organization (tenant). The organization's administrator is responsible for managing internal user profiles, assigning roles, and revoking access when a collaborator ceases to provide services. Espres will not actively manage the organization's internal access controls.

You agree to provide accurate and up-to-date information when creating your account and throughout the term of the service. Espres reserves the right to suspend accounts with false or outdated information that poses a risk to the platform or third parties.

5. Intellectual Property

All intellectual property rights in the service, including but not limited to the software, design, logos, trademarks, and proprietary content, are the exclusive property of Espres or its licensors. These Terms do not grant you any license to such rights beyond the limited access necessary to use the service.

Data you enter into the service (customer data, inventory, routes, sales, etc.) is your property. Espres processes that data solely to provide the service, in accordance with the Privacy Notice.

6. Limitation of Liability

The service is provided "as is" and "as available". Espres makes no warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or freedom from errors. This disclaimer applies only to the extent it is not contrary to mandatory public-policy provisions, including the non-waivable rights provided under the Federal Consumer Protection Law where the User qualifies as a consumer.

To the maximum extent permitted by applicable Mexican law, Espres's total cumulative liability to the User, for any cause and under any legal theory, shall not exceed the total amount paid by the User to Espres during the twelve (12) months immediately preceding the event giving rise to liability.

Espres will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of reputation, even if advised of the possibility of such damages. This limitation applies to the extent it is not contrary to mandatory consumer protection provisions of Mexican law.

Nothing in this section limits or excludes Espres's liability arising from fraud or bad faith, nor any liability that cannot be limited under mandatory public-policy provisions, including the Federal Consumer Protection Law where the User qualifies as a consumer. The minimum statutory warranties provided under applicable law are not waived.

7. Subscription, Payments, and Cancellation

Access to paid features requires an active subscription. Prices, plans, and billing terms are described in the Subscription Agreement, available at espres.app/legal/subscripcion. In case of conflict between these Terms and the Subscription Agreement regarding economic terms, the Subscription Agreement will prevail.

Cancellation terms and refunds — including the seven (7)-calendar-day satisfaction guarantee that Espres offers as a commercial policy — are detailed in the Refund Policy, available at espres.app/legal/reembolsos.

8. Termination

You may cancel your subscription at any time from your account's administration panel. Cancellation takes effect at the end of the current billing period; you will retain access to Pro features until that date.

Espres may suspend or terminate your access to the service, with or without prior notice, in the event of: (a) breach of these Terms; (b) confirmed non-payment after the applicable grace period; (c) fraudulent or abusive activity; (d) request by a competent authority.

After termination, Espres will retain your data for thirty (30) calendar days, during which you may request an export. After that period, your data will be permanently deleted, unless applicable law imposes different retention obligations.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United Mexican States, without giving effect to any conflict-of-laws provisions.

For the resolution of any dispute arising from or related to these Terms, the parties expressly submit to the jurisdiction of the competent courts of the city of Tepic, Nayarit, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason. There is no arbitration clause; disputes are resolved exclusively before the courts stated above.

These Terms are drafted in Spanish. Any version in another language is provided for reference only; in the event of a discrepancy, the Spanish version shall prevail.

10. Modifications to the Terms

Espres may modify these Terms at any time. Material changes will be communicated with at least fifteen (15) calendar days' advance notice via email to the address registered on the account and through a notice on the platform. Continued use of the service after the notification period will be deemed acceptance of the modified Terms.

If you disagree with the modifications, you must cancel your subscription before the effective date of the modified Terms.