Web (HTML) version for easier reading. For the official source, see the PDF.
By accessing, registering and/or using the digital application known as “BURRITO APP” (the “Application”), operated by ARAIL, S.A.P.I. de C.V. (“ARAIL”), the User and/or Business Partner confirms they have read, understood and agreed to be bound by these Terms and Conditions.
These Terms apply to any interaction, use, operation, transaction, communication, consultation, publication, information upload, data submission, subscription/termination, payments, notifications, promotions, advertising, geolocation, tracking, technical support, customer service, access, browsing, and any other act performed through or in connection with the Application.
Identification: ARAIL, S.A.P.I. de C.V., with address at Héroes de Nacozari No. 15, Int. 2, Col. Huachilisco, Jalostotitlán, Jalisco, Mexico, is the owner and exclusive operator of the Application.
↑ Back to contentsThe Application is available digitally in Mexico and the United States; however, for all legal and contractual purposes, the parties expressly agree to be governed by the applicable laws of Mexico and submit to the jurisdiction of the competent courts of Jalostotitlán, Jalisco, Mexico.
↑ Back to contentsARAIL is a technology intermediary whose purpose is to facilitate contact between: (i) Consumers placing orders for food, beverages and other products, and (ii) Business Partners (restaurants/businesses) that publish menus/catalogs, promotions and availability within the Application.
ARAIL does not own products, does not prepare food, does not sell products directly, and is not a party to the purchase relationship between the Consumer and the Business Partner. Any purchase relationship is understood to be entered into solely and directly between the User and the Business Partner.
↑ Back to contentsBy creating an Account, registering, downloading, browsing, placing Orders, purchasing a Subscription, or using any feature, the User and the Business Partner expressly agree they have read, understood and accepted these Terms and the Privacy Notice.
If the User or Business Partner does not agree, they must refrain from using the Application. Any continued use constitutes acceptance.
↑ Back to contentsThe User must register with true, accurate, complete and up-to-date information, including (non-exhaustive):
The User is solely responsible for keeping credentials confidential and for all actions performed from their Account. If the User provides false/incomplete/outdated information, ARAIL may suspend or cancel the Account.
To operate as a Business Partner, the establishment must provide true, complete and verifiable information, including (non-exhaustive):
ARAIL may validate/verify the information. Registration is subject to approval; ARAIL may deny, suspend or cancel registration.
↑ Back to contentsUsers and Business Partners must not use the Application fraudulently, unlawfully, abusively, deceptively, or contrary to morals, good customs, or applicable laws. Breach may result in suspension or termination.
↑ Back to contentsARAIL may temporarily suspend or permanently terminate accounts (Users and/or Business Partners), without liability, for reasons such as misuse, fraud indicators, fake orders, abusive coupon use, harming operations/reputation/security, Subscription non-payment, repeated order breaches, unhealthy products, improper charges, misuse of personal data, intellectual property infringements, illegal activities, or by authority request.
Product, price, menu and promotion information is provided by Business Partners. ARAIL does not guarantee continuous availability. In case of unavailability, the User may accept changes, substitute products, or cancel the Order in whole or in part.
Displayed times are estimates only and may vary due to external factors. ARAIL does not guarantee fixed delivery times and is not liable for delays not directly attributable to ARAIL under these Terms.
The User may request cancellation only under the Business Partner’s rules and before the product has been prepared, dispatched, sent or delivered. Once preparation/dispatch begins, cancellation may not be possible and refunds may not apply, especially for food/beverages or customized products.
A Business Partner may cancel due to lack of stock, technical issues, operational constraints, or force majeure. The User will be notified and the Business Partner’s policies apply.
Product quality, hygiene, preparation, packaging, ingredients, expiration, labeling, storage and regulatory compliance are the Business Partner’s sole responsibility. Any claims must be directed to the Business Partner.
↑ Back to contentsProhibited conduct includes, without limitation: fake orders, intentionally incorrect data, simulated complaints to obtain improper benefits, abuse of promotions, unlawful use, interference with the platform (viruses, bots, scripts, reverse engineering), and unauthorized commercial use.
For Business Partners: false or misleading listings, repeated non-fulfillment of orders, unhealthy products, improper charges, misuse of personal data, content posted without rights, illegal activities, or harming ARAIL’s reputation/operations.
ARAIL may suspend/terminate accounts and pursue legal actions as applicable.
↑ Back to contentsARAIL is a technology intermediary and is not liable for device/Internet issues, third-party services (payment gateways, banks, delivery services), Business Partner acts/omissions, product quality, listing accuracy, delays caused by third parties or external factors, indirect damages, or force majeure.
Claims regarding products/services must be brought directly against the Business Partner.
↑ Back to contentsUse of the Application is free for Users. Payment for products/services is made directly to the Business Partner using the methods they enable. ARAIL is not a financial institution, payment processor or fund custodian and does not receive or manage User payments to Business Partners.
To operate and remain active, Business Partners must pay a recurring Subscription to ARAIL under agreed commercial conditions. ARAIL may update plan conditions with prior electronic notice. Non-payment may lead to visibility suspension, immediate order blocking, or account termination. Reactivation may require payment of outstanding amounts and applicable charges.
↑ Back to contentsPurchases made by Users must be invoiced directly by the corresponding Business Partner upon request and according to tax rules. ARAIL is not responsible for those invoices. ARAIL will invoice the Subscription to Business Partners if payment is confirmed, tax data is correctly provided, and the request is made within the applicable tax month.
↑ Back to contentsARAIL may enable promotions, discounts, coupons and a points program, subject to specific terms (validity, geography, minimum purchase, usage limits, restrictions, accumulation/redemption rules, and expiration).
Subject to validity, limited use, minimum purchase, participating products/partners, geographic and account restrictions, and non-stackability unless stated. Coupons are generally non-refundable and non-transferable.
If points/coupons/discounts are incorrectly assigned due to technical or human error, ARAIL may correct them without liability.
ARAIL may modify, suspend, limit or cancel promotions or the points program for operational, technical, fraud-prevention or authority reasons.
↑ Back to contentsRefunds, returns, charge disputes, duplicate charges, incorrect/incomplete products, damaged products or non-delivery claims must be handled directly with the Business Partner under its policies. ARAIL acts solely as a technology intermediary and may only facilitate communication without any refund obligation.
↑ Back to contentsARAIL implements validation, monitoring and fraud-prevention mechanisms. ARAIL may verify identities, validate personal/tax/banking/financial data, request documentation, and cross-check data sources, as described in the Privacy Notice.
If fraud or misuse is detected or reasonably suspected, ARAIL may suspend accounts, block transactions, cancel ongoing orders, retain benefits, terminate accounts, and report to competent authorities when applicable.
↑ Back to contentsARAIL may update plans, prices, promotions, commissions, points programs and other commercial conditions for Business Partners with prior notice. Continued use after changes implies acceptance; if not accepted, the Business Partner may request account cancellation without refund of amounts already paid.
↑ Back to contentsAll intellectual property rights in the Application (software, architecture, design, databases, trademarks, logos, texts, etc.) belong to ARAIL or are used under license. Use of the Application does not grant any IP rights beyond the limited license expressly granted.
Prohibited: copying, modifying, distributing, reverse engineering, removing legal notices, developing competing services, or unauthorized use of ARAIL’s distinctive signs.
The Business Partner represents they have the rights to publish content (menus, images, logos, promotions, etc.) and grants ARAIL a non-exclusive license to use and display such content for operation and promotion purposes while the account remains active.
If a third party brings a claim against ARAIL due to acts/omissions attributable to a User or Business Partner, the responsible party must hold ARAIL harmless and cover legal fees, costs, damages, fines and any amounts required for ARAIL’s full release.
↑ Back to contentsThe controller of personal data processed through the Application is ARAIL, S.A.P.I. de C.V., located in Jalostotitlán, Jalisco, Mexico.
By registering, accessing and/or using the Application, the User and the Business Partner acknowledge having read and accepted the Privacy Notice available within the Application.
Primary purposes: create/manage/validate accounts; operate and maintain the Application; process and track orders; manage Subscription payments; provide support; comply with legal obligations; prevent fraud and protect operations.
Secondary purposes: marketing, promotions, coupons, commercial communications; market research, segmentation, statistical analysis and surveys (opt-out via ARCO rights).
ARAIL may share personal data with service providers (technology, operational support, messaging, processing) strictly to fulfill the purposes described, under confidentiality and security obligations. Transfers to authorities may occur when legally required.
Users may exercise ARCO rights (Access, Rectification, Cancellation, Opposition) by sending a request to: Email: *****
The Application may use cookies, web beacons, pixels, SDKs and similar tracking technologies for login/session continuity, preferences, performance, analytics, marketing measurement and fraud detection. Disabling them may limit certain features.
ARAIL may update the Privacy Notice and will publish changes; continued use implies acceptance.
↑ Back to contentsARAIL is a technology intermediary and assumes no liability for product quality, listing accuracy, Business Partner breaches, or delays caused by external factors. Claims must be directed to the Business Partner.
Users/Business Partners agree to hold ARAIL harmless for claims arising from misuse, non-compliance, rights violations, regulatory breaches, etc.
Obligations may be suspended due to events beyond reasonable control (natural disasters, service outages, pandemics, authority acts, social unrest, etc.).
↑ Back to contentsARAIL may suspend or permanently terminate accounts for misuse, false information, simulated orders, non-compliance, rights violations, or abuse of promotions/benefits.
Immediate access loss, content deactivation, loss of points/benefits, no refunds of paid amounts, and survival of IP/data/confidentiality obligations.
↑ Back to contentsARAIL may notify Users/Business Partners via registered email, in-app messages, push notifications, and in-app notices. Notices are deemed received upon sending/posting.
↑ Back to contentsARAIL will provide official channels for general questions, technical support, clarifications, complaints, ARCO rights requests, and misuse reports.
Only these channels are considered official. Response times may vary.
↑ Back to contentsThese Terms, the Privacy Notice and any disputes are governed by the laws of the United Mexican States (Mexico). The parties submit to the competent courts of Jalostotitlán, Jalisco, Mexico, waiving any other jurisdiction.
↑ Back to contentsThe User and the Business Partner expressly acknowledge they have read and accepted these Terms and the Privacy Notice in full, and agree to comply with them. Acceptance is formalized through registration, access, browsing and/or use of the Application.
↑ Back to contentsThese Terms and the Privacy Notice constitute the entire agreement. If any clause is declared invalid, the remaining clauses remain in full force.
ARAIL may modify or update these Terms at any time for legal, technical, operational or commercial reasons or by authority requirement. Amendments will be published within the Application indicating the last update date and will take effect upon publication.
Continued use after amendments implies acceptance. If you do not agree, you must stop using the Application and/or request account cancellation where applicable.
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