The Club — Terms of Service

Last updated: 2026-05-27 Version: v1.1 Status: Pending lawyer review before public publication. Companion document: Spanish (Mexico) version available at the same URL with ?lang=es. In case of any conflict or discrepancy between the English and Spanish versions, the Spanish version prevails.

Publication note: This document must be served from a public URL (https://terms.theclubcars.com). Google Play and Apple App Store reject submissions when the URL is not reachable.

1 · Acceptance of these Terms

These Terms of Service ("Terms") form a binding agreement between you ("user", "you") and Alejandro Garnica Izzo, individual sole proprietor ("we", "us", "The Club"), with administrative contact at hello@theclubcars.com and postal address [TBC]. By installing, registering for, or using The Club mobile application or any related service (collectively, the "Service"), you confirm that you have read, understood, and accepted these Terms in full. If you do not agree to any provision, do not install or use the Service.

These Terms are governed by Mexican federal law, including but not limited to the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor, "LFPC") and the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, "LFPDPPP").

2 · Eligibility

You must be at least 18 years of age and have full legal capacity to enter into binding contracts under Mexican law. By creating an account, you represent and warrant that you meet these requirements. The Service is not directed to minors. If we learn that an account belongs to a minor, we will close it immediately and delete the associated data in accordance with our Privacy Policy.

You must also hold a valid driver's license for the vehicle you operate when using any feature that records or scores driving behavior. The Club does not verify your license; this representation is on the honor system.

3 · Your account

To use the Service you must create an account using a valid email address and a password of reasonable strength. You are responsible for:

• Keeping your credentials confidential.
• All activity that occurs under your account.
• Notifying us promptly at admin@theclubcars.com of any unauthorized access.

We may suspend or close your account if we have a reasonable, good-faith belief that you have violated these Terms, that your account is being used by a third party without authorization, or that continuing to provide service to you would create an unreasonable risk to other users or to us.

4 · What the Service does

The Club is a mobile application for car enthusiasts in Mexico that provides:

• Drive recording and Driving Score — automatic or manual recording of trips, with a composite score based on smoothness, cornering, braking, and speed compliance.
• Multi-vehicle garage — registration of up to five (5) vehicles per account; Free-tier limits apply (see §8).
• Clubs — social groups you can create or join via invitation code.
• Rodadas (group rides) — coordinated group sessions with live position sharing among participants for the duration of the ride.
• Routes — published driving routes that you and your club can follow and time.
• Sport Mode — an opt-in mode that enables 0-100 km/h measurement and top-speed recording, intended exclusively for closed circuits or controlled environments, gated by three explicit checkbox acceptances (see §6).
• Events — calendar of car-enthusiast events created by users.
• Feed — a personalized timeline of activity from members of your club.

Specific features may be added, modified, or removed without prior notice, except for material changes to paid features once real billing is enabled (see §8).

5 · Acceptable use — your safety commitment

The Service is designed to be used before or after driving, or in a vehicle where someone other than the operator interacts with the phone. You commit to the following while using the Service:

1. Do not interact with the phone while driving. All in-app actions (registering a vehicle, joining a Rodada, configuring Sport Mode, reading the feed, etc.) must be performed when the vehicle is stationary or by a passenger.
2. Comply with all applicable traffic laws at all times, including the Reglamento de Tránsito de la Ciudad de México and any equivalent regulation in the locality where you are driving.
3. Respect posted speed limits. The 4-context speed-limit heuristic embedded in the app (urban street 40 km/h, urban avenue 60 km/h, urban high-speed road 80 km/h, highway 110 km/h, plus CDMX bounding-box overrides for Periférico/Viaducto/Circuito Interior) is provided as an informational reference only. You are solely responsible for knowing and respecting the actual posted limit applicable to you.
4. Use Sport Mode only in closed circuits or controlled environments. It is expressly prohibited to activate Sport Mode on public roads.
5. Do not use the Service for racing, illegal contests, or evasion of law enforcement.

Violation of this section may result in immediate termination of your account and may be reported to the competent authorities when required by law.

6 · Sport Mode — additional terms

Sport Mode unlocks features intended for closed-circuit use: top-speed recording, 0-100 km/h timing, and lap timing. Activation requires you to manually mark three separate checkboxes confirming:

1. That you are on a closed circuit or controlled environment.
2. That you accept full responsibility for your driving conduct.
3. That The Club is not liable for any consequence of your use of these features on public roads.

Each Sport Mode activation is recorded permanently with timestamp, device fingerprint, and approximate IP address (see Privacy Policy §2.1). These records may be used as evidence in our defense in the event of any claim.

By activating Sport Mode, you expressly release The Club, its operators, and its affiliates from any liability arising from your use of the Service on public roads or in violation of any traffic law.

7 · User content and license

You retain ownership of the content you submit to the Service (routes, photos, vehicle data, club descriptions, messages). By submitting content, you grant The Club a non-exclusive, royalty-free, worldwide, sublicensable license to host, store, reproduce, display, and distribute that content solely for the purpose of operating and improving the Service. This license terminates when you delete the content or your account, except for:

• Anonymized references (your name becomes "Deleted user") in shared records such as past Rodada participation or published routes.
• Backups retained for the Point-in-Time Recovery window of the infrastructure provider (Neon Postgres, 6 hours as of this version). This window may increase in future versions of the Service without prior notice; it will not be reduced without prior notification. See Privacy Policy §7.1.

You represent and warrant that any content you submit is yours or that you have all necessary rights to submit it, and that the content does not infringe any third-party right or violate any law.

We may remove content that we reasonably believe violates these Terms or applicable law, with or without prior notice.

8 · Pricing, paid plans, and grandfathering commitment

8.1 Current pricing — version 1

The current version of the Service is offered at no cost. No payment information is requested, collected, or processed. All accounts are placed on the Free tier automatically.

The Free tier currently includes:

• 1 active vehicle in your garage.
• 1 club membership at a time.
• 1 zero-to-hundred Sport Mode measurement per calendar week (resetting Monday 00:00 UTC).
• 1 Rodada created per rolling 15-day period.
• Unlimited drive recording, Driving Score, route following, club feed, and event browsing.

These limits are enforced by the Service. You may attempt actions beyond them; the Service will respond with a clear in-app notice.

8.2 Paywall infrastructure (dormant)

The Service includes the technical infrastructure for a future paid plan ("Pro tier") but does not enable any real billing in version 1. Subscription fields stored on your account (subscriptionTier, subscriptionStartedAt, subscriptionExpiresAt) are always set to Free / null in version 1.

8.3 Grandfathering commitment (binding)

If, in any future version, we enable real billing and migrate any feature currently included in the Free tier into a paid Pro tier, we contractually commit to:

(a) Honor your current Free-tier feature set for the entire lifetime of your account, at no cost. Features added after the change may require payment, but no feature you enjoy today on the Free tier will be moved behind a paywall for your account.

(b) Notify you at least 30 calendar days in advance of any change to billing, pricing, or the contents of the Free or Pro tiers, via email and in-app banner.

(c) Never charge you without your explicit, separate consent captured in-app at the moment of subscription, with a clear breakdown of the price, billing period, automatic renewal terms (if any), and cancellation procedure.

(d) Provide a free 14-day cancellation window for any paid subscription, exceeding the minimum required by Article 56 of the LFPC.

This commitment is binding and survives changes to these Terms. It applies to every user account active in version 1 at the moment the change takes effect.

8.4 Future paid features

If paid features are introduced, they will be billed through the platform-native billing systems (Google Play Billing on Android, App Store on iOS). The Club will not collect or store credit card numbers or other payment instruments directly. Refunds, disputes, and cancellations will be handled in accordance with the policies of Google Play or Apple, respectively, plus the additional rights granted to you under the LFPC.

9 · Intellectual property

The Club, the application source code, the visual design, the brand name "The Club", the related logos, the algorithm that computes the Driving Score, the CDMX bounding-box dataset for speed-limit context detection, and any other element of the Service not contributed by users are the exclusive property of Alejandro Garnica Izzo, individual sole proprietor, or are used under license.

You are granted a personal, non-transferable, non-exclusive, revocable license to use the Service for its intended purpose, strictly in accordance with these Terms. You may not:

• Decompile, reverse engineer, or attempt to extract source code, except where this restriction is prohibited by Mexican law.
• Use any part of the Service to build a competing product.
• Resell, sublicense, or otherwise commercialize access to the Service.
• Remove or alter any copyright, trademark, or other proprietary notice.

10 · Third-party services

The Service uses third-party providers listed in our Privacy Policy §5 (Railway, Neon, Expo, Firebase, Apple, Google Maps Places, Cloudflare, Vercel, and others). Your use of the Service is also subject to the respective terms and privacy policies of those providers, to the extent applicable.

The Club uses Vercel (Vercel Inc., USA) for hosting of public legal documents (privacy policy + terms of service) at theclubcars.com subdomains. DNS management and email forwarding for administrative addresses are handled via Cloudflare (Cloudflare Inc., USA).

We are not responsible for the availability, content, or practices of third-party services. Outages or changes to third-party services may affect the Service, and we are not liable for any resulting interruption.

11 · Disclaimers and limitation of liability

11.1 Service provided "as is"

To the maximum extent permitted by Mexican law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of the Driving Score, accuracy of the speed-limit heuristic, completeness of GPS tracking, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, nor that any GPS recording will be complete. Tracking gaps caused by the operating system, by aggressive battery management on certain devices (e.g., ColorOS, MIUI, OneUI), or by lack of GPS signal are inherent to the technology and not a defect of the Service. The Service exposes a hasTrackingGap flag and a trackingGapSeconds value for transparency.

11.2 No professional advice

The Service is not a substitute for driving instruction, professional coaching, vehicle telemetry equipment, or legal advice. The Driving Score is an entertainment-oriented metric, not a determination of your fitness to drive.

11.3 Limitation of liability

To the maximum extent permitted by Mexican law, in no event shall Alejandro Garnica Izzo or any person acting on our behalf be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profit, revenue, data, or goodwill, arising out of or in connection with your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under or in connection with these Terms or the Service shall not exceed the greater of:

(a) the amount you have paid us in the twelve (12) months preceding the event giving rise to the claim (zero, in the case of users on the Free tier), or (b) one thousand Mexican Pesos (MXN $1,000).

These limitations do not apply to liability that cannot be excluded or limited by Mexican law (including, in particular, willful misconduct or gross negligence).

12 · Indemnification

You agree to defend, indemnify, and hold harmless Alejandro Garnica Izzo and any person acting on our behalf from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your violation of any traffic law or other applicable regulation while using the Service.
• Your content submitted to the Service.
• Your infringement of any third-party right.

13 · Termination

You may stop using the Service and delete your account at any time from Settings → Account → Delete Account. We may suspend or terminate your access to the Service:

• For violation of these Terms.
• For abuse of the Service that affects other users.
• If we discontinue the Service entirely, with at least 60 days' prior notice.

On termination, your license to use the Service ends. Provisions that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, grandfathering commitment under §8.3) shall survive.

14 · Modifications to these Terms

We may modify these Terms from time to time. Material changes will be notified to you by email and an in-app banner at least 14 calendar days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service and may delete your account.

Minor clarifications that do not affect your substantive rights may be made without prior notice; the "Last updated" date at the top of this document is always current.

15 · Governing law and dispute resolution

15.1 Governing law

These Terms are governed by the laws of the United Mexican States, without regard to conflict-of-law principles.

15.2 Consumer protection (PROFECO)

Nothing in these Terms limits any right you may have as a consumer under the LFPC. You may file a complaint with the Procuraduría Federal del Consumidor (PROFECO) at any time. PROFECO can be reached at profeco.gob.mx or by phone at the consumer hotline.

15.3 Forum and jurisdiction

Subject to §15.4 below, you and we agree to submit any dispute arising under or in connection with these Terms or the Service to the competent courts of Mexico City (Ciudad de México), expressly waiving any other forum that may correspond to us by reason of our present or future domicile.

15.4 Voluntary opt-in bilateral arbitration

As a faster and cheaper alternative to litigation, either party may propose, at the moment a dispute arises, to resolve it through bilateral arbitration administered by PROFECO under its conciliation and arbitration procedure (LFPC, Articles 110–123). Arbitration is voluntary and bilateral: it proceeds only if both parties agree in writing after the dispute has arisen. Neither party is required to accept arbitration, and refusal to arbitrate does not waive any right to proceed in the competent courts under §15.3.

These Terms do not contain a U.S.-style mandatory pre-dispute arbitration clause, and you are not waiving any right to a judicial remedy by accepting these Terms.

15.5 Class actions

Each user retains the right to participate in collective actions ("acciones colectivas") under Mexican law to the extent permitted. These Terms do not waive that right.

16 · General provisions

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

No waiver. Failure by us to enforce any provision does not waive our right to enforce it later.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreement or representation on the same subject.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor (including in the event that the operator constitutes a Mexican S.A.P.I. or similar entity in the future), giving you at least 30 days' prior notice.

Notices. Notices to you will be sent to the email registered to your account. Notices to us must be sent to admin@theclubcars.com. We may also publish notices in-app.

Language. These Terms are issued in Spanish (Mexico) and English. In the event of any conflict between the two versions, the Spanish version prevails.

Contact. Questions about these Terms: hello@theclubcars.com. Privacy questions: privacy@theclubcars.com. Account or security incidents: admin@theclubcars.com. Postal address: [TBC].

Document history