Terms of Service

1. Acceptance of Terms

By accessing, registering for, or using the EmiChat platform (hereinafter "the Service"), you agree to be bound by these Terms of Service (hereinafter "the Terms"). If you do not agree with any of these Terms, you must refrain from using the Service.

Edgar Sebastian Corte Uribe (hereinafter "Emi") reserves the right to modify these Terms at any time. Modifications will take effect upon their publication on the website. Continued use of the Service following the publication of changes constitutes acceptance thereof.

2. Description of the Service

EmiChat is a WhatsApp Business automation platform that enables businesses to manage customer communication through artificial intelligence. The Service includes, among other features:

• AI-powered virtual assistant for customer service
• Appointment and reservation management and automation
• Payment processing and invoice generation (CFDI)
• Product catalog and order management
• Mass messaging campaigns and notifications
• Analytics and usage reports

3. Registration and Account

To use the Service, you must create an account by providing truthful, complete and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Each account is intended for a single business or legal entity. Sharing login credentials with unauthorized third parties or creating multiple accounts for the same business in order to circumvent plan limitations is not permitted.

You agree to immediately notify EmiChat of any unauthorized use of your account or any other security breach.

4. Acceptable Use

By using the Service, you agree to:

• Not send unsolicited messages (spam) or mass communications to individuals who have not given their prior consent
• Not use the Service to transmit illegal, defamatory, obscene, threatening content or content that violates the rights of third parties
• Comply at all times with WhatsApp Business usage policies and Meta Platforms, Inc. guidelines
• Respect the Public Registry to Avoid Advertising (REPEP) maintained by PROFECO and not contact users registered on said list for advertising purposes
• Not attempt to access systems, data or accounts of other users in an unauthorized manner
• Not use the Service in a way that may damage, disable or overload the EmiChat infrastructure

5. Payments and Invoicing

The Service is offered through monthly subscription plans. All prices are quoted in Mexican pesos (MXN) and include 16% Value Added Tax (IVA). The available plans are:

• Basic Plan — essential automation and customer service features
• Professional Plan — includes advanced features, integrations and higher message volume
• Commerce Plan — all features, including product catalog, integrated payments and shipping management

Charges are billed monthly in advance using the payment method on file. EmiChat will issue the corresponding Digital Tax Receipt via the Internet (CFDI) for each charge. In the event of non-payment, EmiChat reserves the right to suspend access to the Service.

6. Intellectual Property

The EmiChat platform, including its source code, design, logos, trademarks, text and all other elements comprising it, is the exclusive property of Emi Technologies S.A. de C.V. and is protected by intellectual and industrial property laws applicable in Mexico and international treaties.

The user retains ownership of all data, content and materials uploaded or generated through the Service. By using the platform, you grant EmiChat a limited, non-exclusive and revocable license to process such data solely for the purpose of providing the contracted Service.

7. Limitation of Liability

The Service is provided "as is" and "as available." EmiChat does not guarantee that the Service will be uninterrupted, error-free or that it will meet the user's specific requirements beyond what is expressly stated in these Terms.

In particular, EmiChat does not guarantee the continuous availability of the WhatsApp messaging service, as it depends on the infrastructure and policies of Meta Platforms, Inc. as the API provider. Interruptions, policy changes or limitations imposed by such third parties are beyond EmiChat's control.

To the maximum extent permitted by applicable law, EmiChat's total liability to the user for any claim arising from the use of the Service shall not exceed the total amount paid by the user in the twelve (12) months preceding the event giving rise to the claim.

8. Suspension and Termination

EmiChat may suspend or terminate your account immediately and without liability in the event that:

• A violation of these Terms of Service is detected
• The Service is used for illegal or fraudulent activities
• WhatsApp Business or Meta usage policies are breached
• Payment has been overdue for more than 15 calendar days

The user may cancel their account at any time from the platform settings or by sending a request to legal@emichat.app. Following cancellation, EmiChat will retain the user's data for a period of 30 calendar days, during which the user may request a copy of their information. After said period, the data will be permanently deleted.

9. Governing Law and Jurisdiction

These Terms are governed by the federal laws of the United Mexican States. For the interpretation and enforcement hereof, the parties submit to the jurisdiction of the competent courts of Mexico City, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

10. Contact

If you have any questions or comments about these Terms of Service, you may contact us at the following email address: legal@emichat.app