Welcome to autoasistente.com. These Terms of Service (hereinafter, the "Terms") constitute a legally binding agreement between you (hereinafter, the "User") and Gomez Smart Group LLC (hereinafter, the "Company," "we," "us," or "our"), governing access to and use of the autoasistente.com platform and all associated services. Please read these Terms carefully before using the Platform. By registering, accessing, or using our services, you agree to be bound by these Terms in their entirety.
For purposes of these Terms, the following terms shall have the meanings set forth below:
By accessing the Platform, creating an account, purchasing a subscription, or using any of our Services, you represent and warrant that:
If you do not agree to any of these Terms, you must not access or use the Platform. Continued use of the Platform following any modification of these Terms constitutes acceptance of the modified Terms.
autoasistente.com is a multi-tenant SaaS (Software as a Service) platform that allows businesses to automate customer service through virtual assistants powered by artificial intelligence. The Service includes, by way of example and not limitation:
The Company reserves the right to modify, update, expand, or discontinue features of the Service at any time, with or without prior notice, provided that such changes do not substantially affect the essential features of the plan contracted by the User during the User's current subscription period.
The Service is provided "as is" and "as available." Although we strive to maintain high availability, we do not warrant that the Service will be uninterrupted, error-free, or completely secure at all times.
To use the Platform, the User must create an account by providing truthful and complete information, including: full name, valid email address, secure password, and business information. The User is responsible for keeping all registration information up to date.
The User is solely responsible for:
We strongly recommend enabling two-factor authentication (2FA) available on the Platform for enhanced security.
The Platform supports different user roles (owner, administrator, client, team member) with varying levels of access and permissions. The account holder (owner) is responsible for managing the roles and permissions of other users associated with their Business.
Each Business registered on the Platform must correspond to a real and legitimate commercial entity. The creation of multiple accounts to circumvent plan limits, obtain additional trial periods, or for any other purpose contrary to these Terms is prohibited.
The Platform offers the following monthly subscription plans:
| Plan | Monthly Price (USD) | Description |
|---|---|---|
| Starter | $69 | 1 channel of your choice, AI on WhatsApp, bookings with Google Calendar and unlimited messages. Ideal for businesses just starting with automation. |
| Business | $109 | Up to 3 simultaneous channels, AI on Web Widget and social networks, deterministic automations, team with up to 3 employees, CSAT and business hours. |
| Premium | $199 | Up to 4 simultaneous channels (WhatsApp + Facebook + Instagram + Web Widget), unlimited employees with custom roles, WhatsApp Marketing with up to 5 prepaid numbers and 1-on-1 onboarding. |
New Users may enjoy a 14-day free trial to evaluate the Platform's features. During the trial period:
The Company reserves the right to modify plan pricing at any time. In the event of a price change:
All payments are processed through Stripe, a third-party payment processor. By providing your payment information, you agree to Stripe's Terms of Service and Privacy Policy. The Company does not directly store full credit or debit card data.
The subscription is billed monthly. The billing cycle begins on the date the subscription is activated (or upon completion of the trial period) and renews automatically every 30 days.
Your subscription will renew automatically at the end of each billing cycle at the then-current price of the contracted plan, unless the User cancels the subscription before the renewal date. The charge will be applied to the payment method on file.
If a payment cannot be processed (insufficient funds, expired card, etc.):
The User may change plans (upgrade or downgrade) at any time from the admin panel:
All prices are expressed in U.S. dollars (USD) and do not include applicable taxes. Any tax, fee, or surcharge that may apply under the User's jurisdiction is the User's responsibility.
The User may access their invoice history and payment receipts at any time from the Platform's admin panel or through the Stripe customer portal.
The User may cancel their subscription at any time from the admin panel or by contacting our support team. Upon cancellation:
If the User cancels during the 14-day free trial period, no charge will be made. The cancellation must be completed before the trial period ends to avoid the automatic charge.
As a general rule, payments made are non-refundable. However, the Company may consider refund requests in the following exceptional cases:
Refund requests must be sent to [email protected] detailing the reason. Each request will be evaluated on a case-by-case basis at the Company's discretion. The Company's decision regarding refunds shall be final.
Following definitive cancellation of the account and once the 30-day grace period has elapsed, the Company will permanently delete the User's and the Business's data from the Platform, except for information that must be retained pursuant to legal or regulatory obligations. The User may request the early deletion of their data by contacting support.
By using the Platform, the User agrees to comply with the following usage rules. Violation of these rules may result in the immediate suspension or termination of the account without prior notice and without any right to a refund.
It is strictly prohibited to use the Platform to:
The User is responsible for the configuration, instructions, and content provided to their virtual assistant. This includes the tone, custom responses, product and service information, and special instructions. The virtual assistant must not be configured to provide false, misleading information or content that violates the rights of third parties.
The Company reserves the right to monitor use of the Platform to detect violations of this acceptable use policy. However, the Company has no obligation to actively monitor the content of conversations between virtual assistants and the User's end customers.
The Platform integrates with various third-party services to deliver its features. The User acknowledges and agrees to the following regarding these integrations:
The Platform supports two WhatsApp connection modes, mutually exclusive per line or business:
The Company does not guarantee the continuous availability of integrations with third-party services, as these depend on factors outside our control. If an integration becomes permanently unavailable, the Company will make reasonable efforts to inform the User and, where possible, offer alternatives.
The Platform, including but not limited to its source code, design, user interface, logos, trademarks, text, graphics, algorithms, and all associated intellectual property, is the exclusive property of Gomez Smart Group LLC or its licensors. All rights are reserved.
Subject to compliance with these Terms and payment of the corresponding subscription, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the purposes set forth in these Terms.
The User retains all intellectual property rights to their User Content. By uploading or entering content on the Platform, the User grants the Company a limited, non-exclusive, and revocable license to use, process, store, and transmit such content solely for the purpose of providing the Service.
WhatsApp, Facebook, Instagram, Google, Stripe, and other trademarks mentioned on the Platform are registered trademarks of their respective owners. Their use on the Platform is for descriptive purposes only and does not imply association, sponsorship, or endorsement by such owners.
Any suggestion, comment, idea, or feedback that the User provides to the Company about the Platform may be freely used by the Company without any obligation of compensation or any restriction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR PROVIDERS BE LIABLE FOR:
The Company shall not be liable for:
The processing of personal data by the Company is governed by our Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, the User also accepts our Privacy Policy.
In the course of providing the Service, the Company may collect and process:
The User acknowledges that they are responsible for the processing of the personal data of their own end customers who interact with the virtual assistant. The User must:
The User may request the deletion of their personal data at any time. For more information, please see our Data Deletion page.
The Company reserves the right to modify these Terms at any time. Modifications will take effect as follows:
The "Last updated" date at the beginning of this document will always reflect the most recent version. Continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms. If the User does not agree with the modifications, they must cancel their subscription and stop using the Platform before the modifications take effect.
The Company may temporarily or permanently suspend the User's access to the Platform, without prior notice, in the following cases:
The Company may terminate the User's account and access to the Platform at any time and for any reason, by providing 30 days' prior notice to the email address on file. In the event of termination without fault attributable to the User, the proportional amount of the unused subscription period will be refunded.
In the event of a material breach of these Terms, the Company reserves the right to terminate the account immediately and without any right to a refund. Material breaches include, among others: illegal activities, mass spamming, attacks against the Platform, or identity impersonation.
Upon termination of the account:
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws provisions.
Any controversy, claim, or dispute arising out of or in connection with these Terms or the use of the Platform shall be submitted to the exclusive jurisdiction of the competent courts of the State of Florida, United States, and both parties agree to submit to that jurisdiction.
Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve the dispute through direct negotiation for a minimum period of 30 days. The party initiating the dispute must send a written notice to the other party describing the nature of the claim and the relief sought.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT ANY CLAIM OR DISPUTE AGAINST THE COMPANY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND WAIVES THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.
The User agrees to defend, indemnify, and hold harmless Gomez Smart Group LLC, its directors, employees, agents, partners, licensors, and providers from any claim, damage, obligation, loss, liability, cost, or debt, and expenses (including reasonable attorneys' fees) arising out of:
This indemnification obligation shall survive termination of these Terms and of the User's account.
Neither party shall be liable for failure or delay in performing its obligations under these Terms when such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
In the event of a force majeure event, the affected party shall notify the other party as promptly as possible and shall make reasonable efforts to mitigate the effects of the event. If the force majeure event persists for more than 60 consecutive days, either party may terminate these Terms by written notice.
These Terms, together with the Privacy Policy and the Data Deletion page, constitute the entire agreement between the User and the Company with respect to the use of the Platform, and supersede any prior agreement, communication, or proposal, whether oral or written.
If any provision of these Terms is declared invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving, to the extent possible, the original intent of the parties.
The User may not assign or transfer these Terms, or any right or obligation arising from them, without the prior written consent of the Company. The Company may assign these Terms to any affiliate or successor in the event of a merger, acquisition, reorganization, or sale of assets, without the need for the User's consent, provided that the assignee assumes the obligations set forth in these Terms.
The Company's failure to exercise, or delay in exercising, any right or remedy provided in these Terms shall not constitute a waiver of such right or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
Notices from the Company to the User will be made through: email to the address on file for the account, notices posted on the Platform, or any other means the Company reasonably deems effective. Notices from the User to the Company must be sent to [email protected].
Nothing in these Terms creates or is intended to create a partnership, joint venture, employment, franchise, or agency relationship between the User and the Company. Neither party has authority to bind the other in any way.
These Terms have been originally drafted in Spanish. Should translations to other languages be provided, the Spanish version shall prevail in the event of any discrepancy or conflict of interpretation.
The section headings in these Terms are included for reference purposes only and do not affect the interpretation of the provisions contained in each section.
19.1 The Platform includes a marketing tool that allows Users to send promotional messages via WhatsApp. The WhatsApp Marketing feature does NOT use Meta's official WhatsApp Business API. It operates through prepaid phone numbers acquired directly through the Platform, with billing based on per-message credits.
19.2 Prepaid numbers. (a) Access to WhatsApp Marketing requires acquiring one or more prepaid phone numbers available on the Platform. (b) These numbers are for exclusive use in bulk messaging and should not be used as the business's primary number. (c) The availability of numbers depends on supplier stock and may vary. (d) The acquired numbers are for temporary use; the Company does not guarantee their indefinite availability.
19.3 Requirements. (a) The User must have an active Starter, Business, or Premium plan. Trial plans do not include access to this feature. (b) The User is solely responsible for obtaining prior and express consent from message recipients, in accordance with the consumer protection and communications laws applicable in their jurisdiction. (c) The User must comply with WhatsApp's Terms of Service at all times.
19.4 Disclaimer of liability. Auto Asistente and Gomez Smart Group LLC are not responsible for: (a) restrictions, suspensions, or permanent bans of WhatsApp numbers resulting from use of the tool; (b) loss of access to accounts, numbers, or data; (c) direct or indirect damages arising from use of the tool; (d) the content of messages sent by Users; (e) changes to WhatsApp's policies that affect functionality.
19.5 Prohibited use. It is strictly prohibited to use this tool to: (a) send illegal, offensive, discriminatory, or fraudulent content; (b) send spam, phishing, or distribute malware; (c) send bulk messages without prior consent from recipients; (d) violate applicable consumer protection or commercial communications laws.
19.6 Credits and charges. The service operates through a prepaid credits system. The cost per message is displayed in the admin panel before each send. Unused credits are non-refundable, except in cases of verified technical failure attributable solely to the Company. Auto Asistente reserves the right to modify rates with at least 7 business days' prior notice.
19.7 Suspension. Auto Asistente may suspend or cancel access to WhatsApp Marketing without prior notice in cases of misuse, activity that compromises the Platform's infrastructure, or violation of WhatsApp's terms of service.
20.1 Description. Auto Asistente offers an affiliate program that allows registered Users to earn commissions for referring new customers to the Platform. Participation in the program is voluntary and free of charge.
20.2 Commissions. (a) The affiliate receives a 20% commission on the monthly value of the plan contracted by each referred customer. (b) The commission is generated for a maximum period of 12 months from the date of the referred customer's registration. (c) Once the 12 months have elapsed, the commission for that referral automatically stops. (d) Commissions accumulate as "pending" and are approved on the 1st of each month for the prior period.
20.3 Requirements and conditions. (a) The affiliate must have an active account on AutoAsistente. (b) The referred customer must register using the affiliate's unique link and complete at least one subscription payment. (c) The minimum payout is $20 USD. (d) Payments are processed within 1 to 5 business days through the enabled methods (PayPal, bank transfer, or ACH/Wire).
20.4 Tracking cookie. The affiliate link sets a tracking cookie with a duration of 90 days. If the referred customer registers within that period, the commission is attributed to the corresponding affiliate.
20.5 Restrictions and anti-fraud. It is strictly prohibited to: (a) refer oneself or create fictitious accounts to obtain commissions; (b) use fraudulent methods to generate artificial clicks or registrations (bots, click farms, incentivized traffic); (c) refer users with the same email domain as the affiliate (except public providers such as Gmail, Outlook, etc.); (d) manipulate, falsify, or alter the affiliate tracking system. Violation of any of these restrictions will result in the immediate suspension of the affiliate account, the cancellation of all pending commissions, and the possible termination of the account on the Platform.
20.6 Early cancellation of the referred customer. If a referred customer cancels their subscription within 30 days of registration, the commission for that month will be automatically voided.
20.7 Suspension and termination of the program. (a) Auto Asistente reserves the right to suspend or terminate an affiliate's participation at any time for breach of these terms. (b) Auto Asistente may modify the terms of the program, including commission rates and duration, with at least 30 days' prior notice. (c) Commissions approved before termination of the program will be paid to the affiliate. (d) Auto Asistente may discontinue the affiliate program at any time with 60 days' prior notice.
20.8 Tax responsibility. The affiliate is solely responsible for declaring and paying any applicable taxes on commissions received in their jurisdiction. Auto Asistente does not withhold taxes and does not issue tax forms.
20.9 Relationship of the parties. Participation in the affiliate program does not create an employment, partnership, agency, or representation relationship between the affiliate and Gomez Smart Group LLC.
For any inquiry, request, or notice related to these Terms of Service, you may contact us through the following channels:
We are committed to responding to all inquiries within a reasonable time frame, generally within 5 business days following receipt of the communication.
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