Terms of Service

The terms under which Xarpen provides the service to subscribing photography studios.

1. Who provides the service

Daniel Rivera Tostado, a sole proprietor based in Guadalajara, Jalisco, Mexico, operates this service under the Xarpen brand (“Xarpen”, “we”, “us”).

You can reach us at notifications@xarpen.com about anything related to these Terms.

2. What Xarpen is and who may use it

Xarpen is management software for photography and video studios: clients, events, contracts, payments, delivery galleries, albums and an AI assistant. It is provided as an online service (SaaS).

To open an account you must be of legal age. Most accounts are opened for professional or business purposes; you can also open or use an account for personal use, with no business behind it, as described in the “Your personal space” section of our privacy notice. The account belongs to the person or studio that opens it; you are responsible for your credentials and for everything that happens under your account, including the team members you invite.

You can invite collaborators with different roles. The assistant role cannot see financial information; the owner role can do everything. Choosing the right role for each person is your responsibility.

3. Plans, pricing and billing

Current plans and prices are shown inside the product. Subscriptions are billed in advance, renew automatically at the end of each period, and can be cancelled at any time; cancellation takes effect at the end of the period you already paid for.

Payments are processed through Stripe. We do not store your card details. Prices are stated in Mexican pesos and include applicable taxes unless stated otherwise.

We may change prices with at least 30 days' notice to your account email. If you disagree, you can cancel before the new price applies.

Except where the law requires otherwise, payments already made are non-refundable. If you cancel mid-period, you keep the service until that period ends.

4. What happens if you stop paying

This section describes exactly what the system does, not a general intention.

If a charge fails or the subscription lapses, your account drops to the Free plan. That means: 5 GB of storage, no AI assistant, and limited access to weddings, galleries, calendar and your public page.

We do not delete your data for non-payment. Your clients, contracts, payments and galleries stay where they are. What gets restricted is access to certain sections and the ability to upload new content beyond the Free plan limit.

If you subscribe again, you regain full access with no loss of information.

5. Storage

Each plan includes a storage quota. When you reach it, the system stops accepting new files and tells you so explicitly. Nothing is deleted automatically for hitting the limit: you can free space by emptying old galleries, or upgrade your plan.

Galleries purchased by the couple under the custody scheme (Annex B) leave your quota: we store those.

6. Delivery gallery lifecycle

A gallery can have an expiration date. When it does, two different things happen at two different times:

• On the expiration date, the gallery stops being visible to the client. The files still exist.
• 180 days after that date, the files are permanently deleted from our storage.
• We notify you inside the product 30 days before deletion, with a task you can postpone by moving the expiration date.

Two cases stop the deletion: a paid, undelivered print order freezes the whole gallery, and a gallery under custody (Annex B) is never deleted this way.

7. Your content is yours

The photographs, videos, text, contracts and client data you upload or create in Xarpen belong to you or to your clients. We acquire no ownership over them.

You grant us only the limited, non-exclusive, revocable licence needed to operate the service: to store, process, transmit, generate different sizes of, back up and display your content to whoever you decide (your clients, gallery guests, your team). That licence exists solely to provide the service to you and ends when the content is deleted.

We do not use your photographs to train artificial intelligence models, nor for advertising, nor as a portfolio, without your express written permission.

8. What you warrant to us

By uploading content to Xarpen you represent that:

• You hold the necessary rights over that content, or permission from whoever does.
• You have consent from the identifiable people appearing in the images, or the appropriate legal basis, to store and share them through an online platform.
• You have given your own clients the privacy notice the law requires of you as the controller of their data (see Annex A).
• The content does not infringe third-party rights or applicable law.

These warranties matter for a concrete reason: we do not see the weddings you photograph and we do not know the people portrayed. You are the one who can obtain those permissions. If a third party brings a claim against us over content you uploaded, you agree to hold us harmless and cover the reasonable costs it causes us.

9. Acceptable use

You may not use Xarpen to store or distribute unlawful material; to host child sexual abuse material (we will report it to the authorities and close the account without notice); to attempt to access other studios' data; to reverse-engineer the service; to resell it or pass it off as your own; or to send unsolicited bulk communications from our servers.

We may suspend an account immediately in case of serious breach or an active risk to the service or to third parties. Except in an emergency or where legally required, we will explain it to you by email.

10. The AI assistant

Xarpie is an assistant that drafts text, suggests tasks, organizes information and performs actions inside your account when you ask it to. It runs on Anthropic models.

It can be wrong. Its answers are suggestions, not verified truth: always review anything headed to a client before sending it. The draft contracts, emails and clauses it generates are starting points, not legal, tax or accounting advice.

The content from your account that is needed to answer travels to Anthropic's API. Under their terms for API customers, that content is not used to train models. Our privacy notice details what is sent.

Each plan includes a monthly assistant budget. Once exhausted, the assistant stops answering until the next period or until you upgrade; the rest of the product keeps working.

The Xarpen team may also use an AI assistant to look up account data of subscribing studios (plan, subscription, usage and invitations), but not what is inside your account. Our privacy notice gives the details.

11. Service availability

We work to keep Xarpen continuously available, but during the beta phase we do not offer a guaranteed service level or compensation for outages. The service is provided “as is” and “as available”.

We may perform maintenance, changes and improvements that temporarily interrupt the service. When these are planned and significant, we will give reasonable notice.

If we later offer a measurable availability commitment, we will publish it here as a section with numbers, not as a general promise.

12. Limitation of liability

To the extent permitted by law, our total liability to you for any claim related to the service will not exceed the amount you have paid us in the twelve months preceding the event giving rise to the claim.

We are not liable for lost profits, lost business opportunities, or indirect or consequential damages.

Nothing in this section limits liability that cannot be limited by law, including wilful misconduct and gross negligence.

13. Backups: the master copy is yours

We back up the platform and apply reasonable measures against data loss. Even so, Xarpen does not replace your own archive.

The original photographs of a wedding cannot be retaken. Always keep your master copy outside Xarpen, on at least one medium under your control. We say this in the Terms, and not only as a tip inside the product, because it is the one loss in this service that nobody can undo.

14. Termination and exit

You can cancel your subscription at any time from Settings. You can request deletion of your account by writing to us; we process it manually so we can verify that whoever asks is entitled to.

When the relationship ends you will have 30 days to export your information before we delete it, except for what we must keep by legal or accounting obligation (for example, payment records) and anything under custody paid for by a couple (Annex B), which outlives your account by design.

We may end the relationship with 30 days' notice, or immediately in the cases described in section 9. If we terminate without cause, we will refund the unused pro-rata portion of what you have paid.

15. Assignment

We may assign these Terms and our contractual relationship with you to a company we incorporate, or to a third party, in the context of a reorganization, merger, investment or sale of the business, without needing your individual consent, provided the assignee becomes bound to you on the same terms.

We will notify your account email when that happens. You may not assign your account to a third party without our written permission.

16. Changes to these Terms

We may update these Terms. Each version is dated, and the current one is always published at this address.

When a change is significant we will notify you and ask you to accept the new version when you enter the product. We record which version each person accepted and when. If you disagree with a new version, you can cancel before it applies.

17. Governing law and jurisdiction

These Terms are governed by the laws of the United Mexican States. For any dispute, the parties submit to the competent courts of Guadalajara, Jalisco, waiving any other venue.

If any provision is held invalid, the rest remains in force.

Annex A · Personal data processing (processor)

This annex forms part of the Terms and defines who answers for what when it comes to your clients' personal data.

Accordingly:

• Your obligation: give your clients their own privacy notice and have a legal basis to process their data. We provide a base notice at /privacidad-estudio, but it is a template: review it and adapt it to your business.
• Our obligation: process that data only to provide the service to you, not use it for our own purposes, keep it confidential, apply reasonable security measures, and assist you when one of your clients exercises their data rights.
• Sub-processors: we rely on the providers listed in Xarpen's privacy notice. Each is bound to an equivalent level of protection. We will give notice before adding a new sub-processor that handles your clients' data.
• Incidents: if a security breach affects your clients' data, we will notify you without undue delay with what we know, so you can meet your own notification obligations.
• On termination: we will delete or return the data as described in section 14.

Retention of gallery guest data: it is deleted when the gallery expires, or after one year (365 days) of inactivity if the gallery has no expiration date. That deletion is automatic and takes their favourites lists and download history with it.

Annex B · Gallery custody (“Make it yours”)

This annex covers a different service: here the couple contracts directly with Xarpen, not with you. We include it in your Terms so you know exactly what happens to one of your galleries when your client buys it.

What it is. The couple (or a guest, as a gift) pays $499 MXN once, and that gallery stays in our custody for 10 years from the payment date.

What it includes:

• The gallery stops expiring and leaves the deletion cycle described in section 6.
• The couple gets their own way in, which keeps working even if the studio unpublishes the gallery or changes the PIN.
• The couple can customize the look of their gallery and add up to 300 photographs of their own.
• The gallery leaves the studio's storage quota: from that point on, we store it.

What changes for the studio. You can no longer delete photographs from that gallery, and you can no longer hide it from the couple. You keep control of everything else: who else sees it, the access code, the design you defined, and the commercial relationship with your client.

What happens after 10 years. We will give advance notice to the email registered at purchase and offer renewal or a full download of the content. Nothing is deleted without prior notice.

If Xarpen changes hands or stops operating. Custody is a service obligation, not a favour: in the event of an assignment (section 15) it passes to whoever receives the business on the same terms. If the service were to shut down permanently, we will give at least 90 days' notice and make the full custodied content available for download.

Payments. The payment is one-time and non-refundable, except for a duplicate charge — which we detect and refund ourselves — or where consumer law grants a right of withdrawal. If we withdraw the offer from the product, galleries already paid for stay in custody: that is what was promised.

The couple accepts these terms at the moment of payment, and they are shown on that same screen.