Terms of Service

1. Acceptance of the Terms

These Terms constitute a legally binding agreement between SOFTWARECUBO and the individual or entity that contracts or uses the service (the “Client”). SOFTWARECUBO may modify the Terms at any time; material modifications will be notified by email at least fifteen (15) days before taking effect, and continued use of the service implies acceptance.

2. Description of the service

CuboPOS is a software-as-a-service (SaaS) point-of-sale platform for small and medium businesses, including a sales terminal, product catalog, customer and inventory management, reports, registers and shifts, CFDI 4.0 invoicing through FacturAPI (a SAT-certified PAC) and hardware integrations. Plan-specific features are published at https://www.softwarecubo.com.

3. Account and registration

The Client agrees to provide truthful, complete and up-to-date information and to keep their credentials confidential. The Client is responsible for any activity carried out under their account. SOFTWARECUBO is not liable for losses arising from unauthorized credential use that was not timely reported. Registration is available only to adults and to legal entities with legal capacity in Mexico.

4. Plans, billing and cancellation

Free trial: SOFTWARECUBO offers a fourteen (14) day trial, free of charge and without a credit card. At the end of the trial, the Client must subscribe to a plan or access will be restricted.

Plans and billing: active plans and prices are published on the website. Fees are charged in advance through Stripe, Inc. Prices are in Mexican pesos and subject to applicable VAT.

Cancellation: the Client may cancel the subscription at any time from the billing section. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused periods.

Failed payments: if a charge fails, SOFTWARECUBO will retry automatically; after the retries, the account may be suspended until the Client updates the payment method.

5. Acceptable use

The Client agrees not to use the service for illegal, fraudulent or rights-infringing activities, and specifically not to:

attempt to access accounts or data of other users or clients (multi-tenancy);

reverse engineer, decompile or copy the source code;

overload the infrastructure through excessive consumption, mass scraping or denial-of-service attacks;

resell access to the service without prior written agreement;

issue CFDIs with false data or in violation of SAT regulations;

use the platform or any email-sending integration to send unsolicited bulk messages (spam), purchase or upload non-consented contact lists, conceal the actual sender, evade unsubscribe mechanisms or violate the acceptable use policies of the email-sending providers in use. SOFTWARECUBO reserves the right to suspend any account that breaks these rules immediately, without prejudice to applicable legal action.

6. Intellectual property

All intellectual property rights over the code, design, brand, logo, documentation and other elements of the service belong to SOFTWARECUBO or its licensors. The Client receives a limited, non-exclusive, non-transferable and revocable license to use the service solely for its intended purposes.

The Client retains all rights over the data uploaded to the service. SOFTWARECUBO processes that data only as described in the Privacy Policy and these Terms.

7. Limitation of liability

The service is provided “as is” and “as available”. SOFTWARECUBO does not warrant uninterrupted availability or error-free operation.

SOFTWARECUBO's aggregate liability to the Client for any claim arising from the service shall not exceed the amount paid by the Client in the twelve (12) months preceding the event giving rise to the claim.

SOFTWARECUBO is not liable for: tax data-entry errors made by the Client; SAT fines attributable to the Client's non-compliance; lost profits or indirect, special or consequential damages; or data loss attributable to the Client's own action or omission, or that of its users.

8. Indemnification

The Client agrees to defend and indemnify SOFTWARECUBO against any claim, demand or liability arising from: (i) use of the service in violation of these Terms or applicable law; (ii) data uploaded that infringes third-party rights; or (iii) false or irregular tax information causing penalties.

9. Termination

The Client may terminate the relationship at any time under section 4. SOFTWARECUBO may terminate the service with thirty (30) days' notice for material breach not remedied after notification, or immediately in the event of illegal activity or abuse. After termination, the Client has thirty (30) days to export their data using the service's export features; thereafter data may be deleted, except for data that SOFTWARECUBO is legally required to retain.

10. Personal data

Processing of personal data of the Client and of third parties uploaded to the service is governed by the Privacy Policy, which is an integral part of these Terms.

11. Governing law and jurisdiction

These Terms are governed by the laws of the United Mexican States. Any dispute arising from the service shall be submitted to the competent courts in Mexico, with the parties waiving any other jurisdiction that may otherwise apply.

12. Contact

For questions, notices or matters relating to these Terms, please write to hola@softwarecubo.com.