Welcome to KaFeliz, a Mexican web platform based in Guadalajara, Jalisco, that offers restaurants digital menu management, order reception via QR codes, kitchen coordination, and statistics generation. By accessing or using KaFeliz (hereinafter referred to as the "Platform" or the "Service"), you agree to these Terms and Conditions of Use (hereinafter referred to as the "Terms"). If you do not agree with these Terms, you should refrain from using the Platform.
For clarity in this document, the following definitions are established:
| Term | Definition |
|---|---|
| KaFeliz (the Platform) | The web application and its associated services offered by the developing company, allowing Restaurant Clients to manage digital menus, QR-based orders, kitchen coordination, and access to statistics. |
| Restaurant Client (the Client o User) | The individual or entity (restaurant) that registers on KaFeliz, creates an account, and uses the Platform to manage its services. Includes authorized representatives (e.g., owners, managers). |
| Diner | The person who, as a customer of the restaurant, interacts with the Platform (e.g., scanning a QR code to view the menu and/or place an order). |
| Account | The unique profile created by the Restaurant Client on KaFeliz, associated with their registration data, through which they access and use the Platform's features. |
| Internal Balance | The virtual balance in national currency (Mexican pesos) that the Client tops up within their KaFeliz Account. This balance is used to pay monthly subscriptions or other Service charges. |
| Terms and Conditions | This contractual agreement governing the use of the Platform between KaFeliz and the Client User. |
KaFeliz provides a comprehensive digital service aimed at gastronomic establishments. Through the Platform, the Restaurant Client can, among other functions:
Digitize and manage their menu (create, edit, and publish interactive digital menus).
Generate unique QR codes for Diners to access the menu with their devices.
Receive and manage orders in real-time placed by Diners through these QR codes, improving the efficiency of order taking.
Coordinate and monitor orders in the kitchen via an order management interface, streamlining communication between service and kitchen staff.
Access statistics and reports on sales, orders, service times, and other operational data to aid decision-making (without constituting professional financial or business advice).
Manage subscription and service payments through a preloaded Internal Balance system within the Platform.
The purpose of these Terms is to establish the rights, obligations, and conditions under which KaFeliz offers these services to the Client, and under which the Client and Diners can use the Platform.
The User agrees to use KaFeliz in a lawful, ethical manner and in accordance with the conditions set forth here. In this regard, the Restaurant Client agrees to the following:
Accurate Registration Information: Provide accurate, complete, and up-to-date registration data (e.g., restaurant name or legal name, contact information, and any other required information). The User is responsible for maintaining the confidentiality of their login credentials and all activities carried out on their Account. The User must immediately notify KaFeliz (via email at info@ka-feliz.com) about any unauthorized access or misuse of their Account.
Authorized Use: Use the Platform only within the scope of the functionalities provided. The Client shall not allow unauthorized third parties (other than their legitimate employees or agents) to access their Account. If the Client allows their employees to use the system (e.g., waitstaff or kitchen staff via application modules), they will ensure that such internal users comply with these Terms.
Appropriate Content: The Client is solely responsible for the content they upload to the Platform (e.g., dish descriptions, prices, images, logos, promotions, etc.). This content must not: (a) Be illegal, offensive, defamatory, obscene, or discriminatory; (b) Violate intellectual property or privacy rights of third parties; (c) Mislead Diners (e.g., false information about products); (d) Contravene applicable laws or regulations (e.g., health, labeling, promotions, etc.). KaFeliz is not responsible for the content provided by the Client but reserves the right to remove or block any content that violates these rules or applicable legislation.
Prohibited Uses: The User agrees to refrain from:
Using the Platform for fraudulent, illegal, or unauthorized purposes.
Introducing or distributing computer viruses, malware, or any malicious code that could damage the functionality of the Platform, the devices of other users, or compromise data security.
Performing reverse engineering, decompiling, copying, modifying, or creating derivative works of the Platform, its software, or any part of it, except with the express written authorization of KaFeliz.
Accessing unauthorized areas of the Platform, KaFeliz’s computer systems, or the data of other users.
Assigning, sublicensing, or transferring their Account or access to the Service to unauthorized third parties without prior consent from KaFeliz.
Responsibility for Equipment and Connection: It is the Client's responsibility to have the necessary equipment (e.g., tablets, phones, computers) and an Internet connection to use KaFeliz. The lack of such equipment or connection does not exempt the Client from their subscription payment obligations while the service is available. KaFeliz will not be responsible for service failures due to issues with the User's connection or devices.
Interaction with Diners: To the extent that Diners use the Platform (e.g., to place an order), the Client agrees to provide respectful treatment and fulfill their obligations towards their customers (the diners), including the correct delivery of orders and the collection of payments through means external to the Platform. Note: Currently, KaFeliz does not process payments from Diners within the application; any payment for consumption must be made directly between the Diner and the restaurant through the establishment's traditional payment methods.
In case of non-compliance with these usage rules, KaFeliz may suspend or cancel the User's Account and/or take the corresponding legal measures.
All intellectual property rights over the Platform and its components belong to KaFeliz and/or its licensors. This includes, but is not limited to, the software, source code, design, system architecture, images, logos, trademarks, trade names, editorial content, and any other content or materials provided by KaFeliz. These are protected by applicable intellectual property laws in Mexico and international treaties.
The User receives a limited, non-exclusive, revocable, and non-transferable license to use the Platform and its services, exclusively under the terms set forth in this agreement and for the purposes described. This usage license does not imply a transfer of intellectual property to the User in any case.
It is strictly prohibited for the Client (and any person acting through their Account) to carry out the following actions without prior written authorization from KaFeliz: copy, reproduce, adapt, modify, distribute, publish, transmit, decompile, reverse engineer, or commercially exploit the Platform, its modules, or contents in any way. Additionally, the Client should not use the trademarks, logos, trade names, or other distinguishing signs of KaFeliz without consent.
On the other hand, the content that the Client uploads to the Platform (e.g., restaurant menu, product descriptions, dish images, restaurant logo, etc.) remains the property of the Client or the rightful owner. However, the Client grants KaFeliz a free, non-exclusive, and time-limited license for the duration of the contract to use such content solely for the purpose of providing the Platform’s services (e.g., displaying the digital menu to Diners and generating corresponding statistics). The Client ensures that they have the necessary rights to the content they upload and that its use on KaFeliz will not infringe upon third-party rights. KaFeliz may remove or suspend content provided by the User if there is evidence that it violates third-party rights or legal provisions, notifying the Client when appropriate.
KaFeliz operates under a service subscription model. Upon registration, the Client may access an initial free plan or trial period (as offered on the Platform) and must later choose a paid subscription plan to continue using all features. The details of each plan (features, monthly price, usage limits, etc.) will be published on the Platform or provided to the Client at the time of subscription.
The payment for the monthly subscription is made by charging the Client's Internal Balance on the Platform. This works as follows:
The Client must pre-load funds into their KaFeliz Internal Balance. The methods for recharging funds (e.g., payment with credit/debit card, bank transfer, deposit at convenience stores, etc.) will be available and published on the Platform. The amount reloaded will be credited as a balance in favor of the Client’s Account.
The currency used is Mexican pesos (MXN). The subscription and recharge amounts will be expressed in MXN, and the corresponding charges will be deducted from the Internal Balance in that currency.
Subscription Charge: On the billing or cutoff date of each month (based on the registration date or the calendar indicated on the Platform), KaFeliz will automatically deduct the amount corresponding to the monthly subscription of the chosen plan from the Client’s Internal Balance.
Charge Notification: KaFeliz may send notifications (via registered email or within the Platform) to the Client indicating the charge made. The transaction history (charges and recharges) will also be shown in the Account's balance section.
It is the Client's responsibility to maintain sufficient funds in their Internal Balance to cover the payment of each monthly subscription. If, on the payment date, there are insufficient funds in the Internal Balance to cover the fee:
KaFeliz will notify the Client about the inability to process the charge and the outstanding balance.
From that notification, a grace period of 14 calendar days will be granted for the Client to top up funds in their Internal Balance and cover the overdue payment. During this grace period, the Client's Account will remain active, and they can continue using the Platform normally, but with reminders to recharge.
If the Client completes the recharge and the pending payment within the 14-day period, the subscription will be considered renewed without service interruption (the monthly billing date may be adjusted to the new payment date).
If 14 days pass without the Client recharging the necessary balance, KaFeliz will be authorized to freeze the Client's Account. A frozen Account means that the Client will temporarily lose full access to the Platform: the ability to receive new orders via QR codes may be disabled, the menu could be shown as unavailable to Diners, and access to the administrative panel may be blocked, as determined by KaFeliz.
KaFeliz will notify the Client about the freezing of the account. Once frozen, the Client must regularize the payment (by recharging the Internal Balance with at least the overdue amount) for KaFeliz to reactivate the account. KaFeliz commits to reactivating the service within a reasonable period (e.g., within 24 business hours) after confirming the receipt of the pending payment.
If the Account remains frozen for an extended period (e.g., more than 30 calendar days) without the Client regularizing the payments, KaFeliz may, at its discretion, terminate the contractual relationship and permanently cancel the Account. In such a case, the Client will lose access to their data on the Platform, without prejudice to KaFeliz’s right to retain certain information as outlined in the Privacy Notice or for legal purposes. Any residual balance in the Internal Balance at the time of cancellation for non-payment may be used to cover amounts owed to KaFeliz; if there is a remaining balance in favor of the Client, KaFeliz will evaluate the possibility of refunding it in accordance with applicable legal provisions.
Recharges to the Internal Balance are considered consumptions for service use. In principle, they are non-refundable to the Client, except in cases provided by law or at KaFeliz’s sole discretion in specific cases (e.g., if the Client requests service cancellation and has a significant unused balance, KaFeliz may consider a partial refund, subject to the deduction of any applied promotions or financial processing fees). Any refund request must be directed to the support email (info@ka-feliz.com) and will be reviewed on an individual basis.
If the Client requires a fiscal invoice (CFDI) for subscription payments, they must provide KaFeliz with their complete tax information (RFC, name or legal name, fiscal address, and tax regime, as applicable) and request the invoice within the established period (e.g., within the same month the recharge or charge was made). KaFeliz will issue the electronic invoice in accordance with Mexican tax legislation and send it to the email address registered by the Client. It is the Client's responsibility to provide and verify the correct tax information; KaFeliz will not be responsible for billing errors resulting from incorrect data provided by the Client.
The Client may cancel their subscription and stop using the Platform at any time. To do so, they must notify KaFeliz in writing (via email at info@ka-feliz.com) of their desire to cancel, or use the cancellation feature available in the Account settings, if applicable.
If the cancellation request is made at least 5 days before the next monthly renewal date, the charge for the next period will not be made, and the service will be suspended at the end of the already-paid cycle.
If the cancellation request is made after the new subscription period has started, the service will remain active until the end of the already-paid period, but no refunds will be issued for the unused time of the current month.
After cancellation, the Client should download or back up any information they require (e.g., sales data or menu), as KaFeliz is not obligated to retain the Client's information indefinitely, except for the legal data retention periods.
KaFeliz reserves the right to retain, for a reasonable period, the account settings or data of a canceled account in case the Client decides to reactivate the service, but does not guarantee its retention beyond the mandatory legal retention period.
KaFeliz may temporarily suspend or permanently terminate a Client's Account, without liability, if, in its reasonable judgment, the Client commits a serious breach of these Terms (e.g., illegal use of the Platform, violation of intellectual property, unauthorized use, or fraud). In cases of correctable breaches, KaFeliz will attempt to notify the Client to correct the situation; if not corrected in a timely manner, KaFeliz may proceed with suspension or termination. In severe cases (such as illegal activity), suspension or termination may be immediate. Termination due to a breach by the Client will not entitle the Client to a refund of amounts paid.
Service Operation: KaFeliz makes reasonable efforts to ensure that the Platform is available and functions optimally 24 hours a day. However, the service is provided "as is" and "as available." KaFeliz does not guarantee that the service will be free from errors or interruptions at all times. Access may be temporarily suspended without prior notice in the event of system failures, technical maintenance, updates, or force majeure events. The Client acknowledges that interruptions or data losses may occur due to factors beyond KaFeliz's control (such as internet failures, power outages, third-party attacks, etc.), and KaFeliz will not be liable for damages or losses resulting from such interruptions, provided that it acts with reasonable diligence to restore the service.
Use of Information: The statistics and reporting tools provided by KaFeliz are intended to assist in restaurant operations. KaFeliz does not guarantee the financial or commercial accuracy of the generated data (e.g., sales estimates, service times, etc.) nor is it responsible for business decisions the Client makes based on such data. It is the Client's responsibility to analyze their information with independent professional judgment.
Relationship with Diners: KaFeliz is a technological intermediary that facilitates interaction between Diners and the restaurant (Client). KaFeliz is not part of the commercial relationship between the Diner and the restaurant concerning the purchase of food or restaurant services. Consequently, KaFeliz does not assume responsibility for the quality, characteristics, availability, or delivery of the products and services offered by the Client to their Diners. Any claim from a Diner regarding their experience at the restaurant (including complaints about food, billing, customer service, etc.) should be addressed by the Restaurant Client. Furthermore, KaFeliz is not responsible for disputes, damages, or losses that arise between the Restaurant Client and a Diner, with KaFeliz’s role being solely to provide the supporting technological platform.
Client Content: KaFeliz is not responsible for the accuracy or legality of the content entered by the Client on the Platform (e.g., price lists, allergen descriptions, promotions, images, etc.). It is the Client’s sole responsibility to ensure that this information is correct and up to date, as well as to comply with applicable regulations (e.g., consumer protection, advertising, intellectual property of images used, etc.). The Client will indemnify KaFeliz against any third-party claims arising from the content they have provided or published on the Platform.
Indirect Damages: To the maximum extent permitted by law, KaFeliz (including its partners, affiliates, directors, employees, and agents) will not be liable to the Client for indirect, special, incidental, or consequential damages. This includes, but is not limited to: loss of revenue or profits, loss of business opportunities, loss or corruption of data, damages due to delays or service downtime, costs of providing substitute services, or damage to the restaurant’s reputation or clientele. This limitation will apply even if KaFeliz has been advised of the possibility of such damages.
Limits of Direct Liability: In any case, KaFeliz's maximum accumulated liability for proven direct damages, arising from its attributable failure to fulfill its obligations, will not exceed the amount actually paid by the Client to KaFeliz for the service in the 3 months immediately prior to the event that gave rise to the claim. If the applicable law does not allow the above limitation, the minimum liability permitted by law will apply.
Third-Party Links and Services: The Platform may, on occasion, integrate or reference links to third-party services (e.g., messaging systems, future payment gateways, maps, etc.). These third-party services are not under the control of KaFeliz, and therefore, KaFeliz assumes no responsibility for the content, policies, or practices of such external sites or services. Any relationship with third parties that the Client enters into by using KaFeliz integrations is solely between the Client and the respective third party.
Legal Reservations: No provision in this section will have the effect of excluding or limiting responsibilities that cannot be limited by law (e.g., in cases of fraud by KaFeliz, or liability for damage to the physical integrity of any person caused by failures of the Platform, if the applicable law so requires). However, to the extent that such legal responsibilities exist, they will apply to the extent and terms that the law determines, with KaFeliz not assuming any additional obligations beyond those established by law.
The User acknowledges that the use of the Platform involves risks inherent to any digital service and agrees to assume those risks within the limits outlined. In case of doubts regarding the proper use of the Platform or its data, the User should refrain from using it and may contact KaFeliz for further information.
All points not expressly provided for in these Terms will be governed by the applicable provisions of Mexican legislation. This Terms and Conditions agreement is interpreted and executed in accordance with the current laws of the United Mexican States, particularly the applicable federal laws on electronic commerce, consumer protection, and personal data protection, as well as the laws of the State of Jalisco that apply by reason of KaFeliz's domicile.
For the interpretation, compliance, and enforcement of this contract, the parties submit to the jurisdiction of the competent courts of the City of Guadalajara, Jalisco, Mexico, waiving any other jurisdiction that may correspond to them due to their present or future domiciles. However, KaFeliz may, if preferred, seek alternative dispute resolution mechanisms (such as mediation or arbitration) in mutual agreement with the Client, when the nature of the conflict allows for it.
KaFeliz reserves the right to modify these Terms and Conditions at any time. If substantial changes are made, the Client will be notified through the registered contact methods (e.g., email) or through a prominent notice on the Platform, with at least 15 calendar days’ notice prior to their effective date, when practicable. The modifications will take effect on the date indicated in the notification or publication.
It is recommended that the User periodically review these Terms to stay informed of their current rights and obligations. Continued use of the Platform after the effective date of modifications constitutes tacit acceptance of the new Terms. If the Client disagrees with any modification, they must stop using the service and, if applicable, request the cancellation of their Account before the new terms take effect.
The current version of the Terms will always be available on KaFeliz's official site. These Terms and Conditions of Use constitute the entire agreement between KaFeliz and the User regarding the service and replace any prior communications or agreements (oral or written) in this regard.
Last updated on: 2025-08-09.
© 2025 KaFeliz. All rights reserved. You can contact KaFeliz at info@ka-feliz.com for any further clarification regarding these Terms.