Terms and conditions

What this is

These terms are the agreement between you and SellPointy, S.A. de C.V. [[⚠️ PROVISIONAL — cambiar]] (“SellPointy”) for using the website sellpointy.com and the application app.sellpointy.com (the “Service”). By creating an account or using the Service you accept them. If you use it on behalf of a business, you confirm you can bind it.

The Service

SellPointy is an online application for point of sale, inventory and purchasing. What it includes depends on the plan you choose, as described on the website when you sign up. We improve the Service continuously: we may add, change or remove features, and if we remove one you pay for, we give you advance notice.

Your account

You are responsible for what is done with your account and for keeping your password secret. The information you give us must be true. You decide who on your team gets access and with what permissions. Tell us right away if you think someone got in without your permission.

Free trial, plans and payments

Trial: when you create your account you get 14 days with every feature, at no cost and without giving a card. Payment: plans are paid in advance, by bank transfer, monthly or yearly; the yearly price equals ten months. We activate your plan once we confirm the payment. If you don't pay on time: you have a 10-day grace period, after which your account moves to a limited, read-only mode. We do not delete your information for non-payment. Price changes: we tell you at least 30 days ahead, and they never affect a period you already paid for. Refunds: periods already paid for are not refunded, unless the Service was unusable because of us; in that case we refund the share corresponding to the time affected. Before paying, you had 14 days to try it in full at no cost. Taxes: prices do not include any taxes that apply in your country, unless stated otherwise.

Your information is yours

Everything you enter in SellPointy is yours: your products, prices, sales, stock, suppliers and customers. You give us permission to store and process it only to provide the Service. We do not sell it, share it or use it for anything else, with the sole exception of clause T6. You can export your reports whenever you want.

The shared product catalog

To make adding a product as fast as scanning it, SellPointy maintains a common catalog of barcodes with their trade name. By using the Service you agree that the name you enter for a barcode not yet in that catalog may be added to it and suggested to other users, without attribution and at no cost. That permission is permanent for names already added, and it is limited to that: the barcode and the product name, which are public information printed on its package. Nothing else from your business enters that catalog.

Your customers' personal data

If you enter data about your customers or employees, you are responsible for that data to them and under the law — including having your own privacy notice — and SellPointy acts only as a processor, handling it on your behalf and on your instructions. We commit to keeping it confidential, protecting it with reasonable measures and not using it for our own purposes.

Custom modules

Custom-built modules — such as Reception or Medical practice — are governed by a separate agreement, which prevails over these terms wherever they differ. In particular, the processing of health data is not covered by this document: it requires that agreement, and whoever enters such data is responsible for complying with the health and data-protection rules of their country.

Acceptable use

You may not use SellPointy for anything illegal; try to access other people's accounts or data; interfere with or overload the Service; copy, resell or reverse-engineer it; or enter content that infringes someone else's rights. We may suspend an account that does.

Availability and backups

We work to keep the Service available at all times and we back up your information every day. Even so, it is provided “as is”: we do not guarantee it will never fail or be free of errors. There may be interruptions for maintenance or for reasons beyond our control.

Intellectual property

SellPointy's software, brand and design are ours. These terms give you a right to use them while your account is active, not ownership of any of it. Your information is yours (T5).

Limitation of liability

To the extent the law allows: SellPointy is not liable for lost profits, loss of data or indirect damages arising from use of the Service; and our total liability is limited to what you paid us in the 12 months before the event giving rise to it. SellPointy is a management tool: it does not replace your accountant or relieve you of your tax obligations, and the taxes it sets up are a starting point that you must verify.

Ending

You may stop using SellPointy whenever you want. We may suspend or close an account that breaches these terms. When you close your account you may ask us to delete your information; we do so except for what the law requires us to keep.

Changes to these terms

We may update them. If the change is significant we tell you by email at least 15 days ahead. Continuing to use the Service afterwards means you accept them.

Governing law

These terms are governed by the laws of Mexico. Any dispute is submitted to the courts of [[city]], unless the consumer protection law of your country gives you a right that cannot be waived.

Contact

[[contact email]]