Terms of Service
Version 2.0 · Last updated: May 14, 2026
1. Acceptance
Welcome to Asistian. These Terms of Service (the "Terms") constitute a contract between you—personally or on behalf of the entity you register—and Asistian SAPI de CV ("Asistian", "we"), a Mexican company with offices at Bulevar Morelos 307, Floor 2, Hermosillo, Sonora, Mexico.
By creating an account, accessing, or using the Asistian platform (the "Platform" or the "Service"), you confirm that: (i) you are at least 18 years old, (ii) you have legal capacity to bind yourself and, where applicable, the entity you represent, and (iii) you accept these Terms, the Privacy Policy, and our operational policies (Acceptable Use, Cancellation and Refund, Annual Plan, and Usage Limits), which form an integral part of these Terms.
If you do not agree with any of them, you must not register or use the Service.
2. Description of the Service
Asistian offers a SaaS customer relationship management (CRM) platform that enables businesses to centralize conversations from WhatsApp Business, Messenger, Instagram, email, and other channels in a single inbox; manage leads, sales, and support tickets with customizable pipelines ("buzones"); automate responses and tasks via artificial intelligence assistants; schedule appointments and manage bookings; and connect third-party services such as Meta, Google Workspace, and others.
Asistian reserves the right to modify, add, or discontinue Service features. Material changes will be notified at least 30 days in advance to the contact email registered on the account.
3. Account, Roles, and Responsibilities
3.1 Registration
You must provide truthful information and keep it updated. Registration implies express acceptance of these Terms and the Privacy Policy, evidenced by checking the corresponding boxes at signup.
3.2 Roles
The Service contemplates Administrator, Manager, and Agent roles, each with different permissions. The Administrator of the corporate account is responsible for inviting, managing, and revoking team access; is responsible for compliance with these Terms by all users under the same corporate account; and is the legal and commercial contact for Asistian.
3.3 Security
You must protect your credentials and notify Asistian within 72 hours of any unauthorized access or breach you detect. Asistian is not responsible for damages arising from shared or poorly protected credentials.
4. Acceptable Use
Use of the Service is governed by our Acceptable Use Policy. Beyond what is provided in that policy, any use that (i) violates applicable laws, (ii) infringes third-party rights, (iii) endangers the security or availability of the Service, or (iv) contravenes the policies of connected channels (Meta, Google, and others) is prohibited. Non-compliance with the Acceptable Use Policy is grounds for immediate suspension or termination, pursuant to Section 11.
5. Third-Party Integrations
5.1 Meta (WhatsApp, Messenger, Instagram)
By connecting Meta channels, you agree to comply with the WhatsApp Business Policies, the Meta Commerce Policy, and the Meta Platform Terms. You are solely responsible for obtaining valid and verifiable opt-in from recipients before initiating conversations; respecting the 24-hour window for WhatsApp service messages; using only approved templates (HSM) for business-initiated conversations; and not sending content prohibited by Meta (controlled substances, weapons, sexual content, etc.).
5.2 Google Workspace
By connecting your Google account, you authorize Asistian to access the following minimum scopes: gmail.send (sending emails on your behalf), calendar.readonly (checking availability), and calendar.events (creating, updating, and canceling appointments). Asistian's use of this data complies with Google's Limited Use Policy and is described in detail in the Privacy Policy.
You may revoke access at any time from Settings → Integrations, or from myaccount.google.com/permissions.
5.3 Other third parties
Asistian uses providers such as OpenAI (language processing), AWS (infrastructure), and Twilio (SMS), among others. The updated list of subprocessors is available in the Privacy Policy.
6. Artificial Intelligence
6.1 Nature of the AI service
Asistian incorporates AI assistants (Orbi and the assistants you configure) built on third-party language models. These assistants generate probabilistic responses: their content is an automated suggestion, not a statement of Asistian nor professional advice.
6.2 Your responsibility
You are responsible for properly configuring the instructions, knowledge, and skills of the assistant; supervising the responses the assistant sends on your behalf; deactivating the assistant or manually intervening in sensitive conversations (medical, legal, financial, crisis situations); and not using the assistant for medical diagnosis, binding legal advice, or for making decisions that affect the rights of vulnerable persons without human supervision.
6.3 Limits
AI use is subject to our Usage Limits Policy, which measures consumption by AI conversations (threads with assistant activity within a 24-hour window) and defines the behavior upon reaching the quotas of your plan. Asistian also applies fair use criteria to detect and prevent abusive patterns, pursuant to the Acceptable Use Policy. Enterprise plans with signed contract and custom SLA are governed by the specific conditions agreed in their contract.
6.4 No warranties on generated content
Asistian does not warrant the accuracy, completeness, or adequacy of AI-generated responses. Section 13 (Limitation of liability) applies fully to AI-generated content.
7. Customer Data
7.1 Ownership
You retain all rights to the data you upload, generate, or receive through the Service ("Your Data"), including messages, contacts, files, and assistant configurations. Asistian does not claim ownership of Your Data.
7.2 License granted to us
You grant us a worldwide, non-exclusive, non-transferable, and limited license to store, process, and transmit Your Data for the sole purpose of operating and improving the Service for your account. This license terminates when you delete the data or close your account, pursuant to Section 11.4.
7.3 Use for model training
Asistian does not use Your Data to train its own or third-party general AI models. Processing by language models (OpenAI or others) occurs only in real time to respond to the end user's immediate request. Model providers are contractually bound not to retain Your Data for training (zero data retention in the API plans we use).
7.4 Aggregated and anonymized data
Asistian may use aggregated and anonymized metrics (message volume, resolution rates, latencies, etc.) to improve the Service, provided such data does not identify users, end customers, or businesses.
8. Asistian Intellectual Property
The Platform, its code, design, trademarks, documentation, and materials are the exclusive property of Asistian, protected by the Mexican Federal Copyright Law, the Federal Law for the Protection of Industrial Property, and international treaties. You are not granted any right other than to use the Service while your subscription is active.
You are prohibited from: (i) reverse engineering, decompiling, or attempting to extract the source code, (ii) reselling, redistributing, leasing, or sublicensing the Service, (iii) using the Platform to build a competing product, (iv) removing proprietary notices or trademarks.
9. Payment, Billing, Plans, and Cancellation
9.1 Plans and pricing
Current plans and their prices are published at asistian.com/precios. Asistian sells in Mexican pesos (MXN). Prices include VAT unless otherwise stated.
9.2 Billing cycle
Monthly plan: billed in advance on the signup date and automatically renewed each month. Annual plan: billed in advance on the signup date for 12 months with the applicable discount, subject to the Annual Plan Policy.
9.3 Payment methods
Credit or debit card and, for enterprise customers, SPEI bank transfer upon invoice issuance. Payment data is processed through PCI-DSS-certified providers; Asistian does not store full card numbers.
9.4 Price changes
For existing subscriptions, price changes apply on the next period (monthly or annual) and are notified at least 30 days in advance.
9.5 Delinquency
Unpaid subscription generates: days 1–7 past due, notification and payment retry; days 8–14, downgrade to read-only mode (you can see your inbox but AI assistants and sends are suspended); day 15 onward, full suspension and, after 60 days, account deletion pursuant to Section 11.4.
9.6 Cancellation and refunds
Subject to the Cancellation and Refund Policy published at asistian.com/politicas.
10. Service Availability
Asistian commits to procure a monthly availability of 99.5%, calculated on core functions (receiving and sending messages on connected channels). Excluded from the calculation: scheduled maintenance (notified 48 hours in advance), upstream provider outages (Meta, Google, AWS), and force majeure events.
Asistian publishes operational status on a public status page. We do not offer SLA with automatic credits on standard plans; for Scale customers or above with annual commitment, we can agree on a customized SLA in writing.
11. Suspension and Termination
11.1 Termination by you
You may cancel your subscription at any time from Settings → Plan, or by writing to hola@asistian.com. Cancellation takes effect at the end of the billed period, pursuant to the Cancellation Policy.
11.2 Termination or suspension by Asistian
Asistian may suspend or terminate your account, with or without prior notice, if: you breach these Terms or the Acceptable Use Policy; we receive substantiated complaints from Meta, Google, or another connected platform that compromise our access to their APIs; we detect fraudulent activity, abuse, identity theft, or risk to third parties; or you are in delinquency pursuant to Section 9.5.
11.3 Preventive suspension
In cases of imminent risk (mass spam, illegal content, content that endangers minors or vulnerable persons) we may suspend the account immediately and notify you afterwards.
11.4 Effects of termination
Your access to the Service ceases at the time of termination. Your Data remains available for export during the 30 days after cancellation. After that period, we delete Your Data from active systems within a maximum of 60 additional days, unless the law requires retention (billing: 5 years pursuant to the Mexican Federal Tax Code). Encrypted backups may retain copies for up to 90 additional days for operational security and are automatically deleted upon cycling.
12. Confidentiality
Each party undertakes to maintain the confidentiality of the non-public information of the other received in connection with the Service. This obligation survives for 3 years after the termination of the account.
13. Warranties and Limitation of Liability
13.1 No warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". ASISTIAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE AT ALL TIMES, NOR THAT AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR A PARTICULAR PURPOSE.
13.2 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASISTIAN'S TOTAL LIABILITY, AGGREGATED ACROSS ALL CONCEPTS, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO ASISTIAN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
ASISTIAN SHALL NOT BE LIABLE FOR: (i) INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, (ii) LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, (iii) ACTS OR OMISSIONS OF YOUR USERS OR END CUSTOMERS, (iv) FAILURES OF UPSTREAM PROVIDERS.
The foregoing limitations apply even if Asistian was advised of the possibility of such damages.
14. Indemnification
You agree to indemnify and hold harmless Asistian, its directors, employees, and agents, against any third-party claim arising from: (i) your use of the Service, (ii) your breach of these Terms, (iii) content you upload or send, (iv) use of messaging channels in violation of platform policies or applicable laws (Mexican Federal Consumer Protection Law, Federal Personal Data Protection Law, anti-spam laws of any jurisdiction).
15. Dispute Resolution
15.1 Prior amicable resolution
Before initiating legal action, the parties undertake to attempt to resolve the dispute through direct good-faith communication for a period of no less than 30 days from written notice.
15.2 Governing law
These Terms are governed by the federal laws of the United Mexican States.
15.3 Jurisdiction
The parties submit to the exclusive jurisdiction of the federal courts located in Hermosillo, Sonora, Mexico, waiving any other forum that may correspond to them by reason of present or future domicile.
16. General Provisions
Entire agreement: these Terms and the referenced policies constitute the complete agreement between the parties and supersede any prior verbal or written agreement on the same subject.
Severability: if any clause is declared invalid, the others remain in effect.
No waiver: failure to enforce compliance with a clause does not constitute waiver.
Assignment: you may not assign your account without prior written authorization from Asistian. Asistian may assign these Terms in case of corporate reorganization, merger, or sale of assets, with prior notice.
Notices: legal notices must be addressed to hola@asistian.com and to Bulevar Morelos 307, Floor 2, Hermosillo, Sonora. Asistian will notify the email registered on your account.
17. Modifications
Asistian may update these Terms. Material changes (price, jurisdiction, scope of service, rights assigned) will be notified at least 30 days in advance to the contact email and will require new acceptance at the next login. Minor changes (clarifications, corrections, new subprocessors that do not alter rights) will be published with an update of the date in this document.
18. Contact
Asistian SAPI de CV
Bulevar Morelos 307, Floor 2, Hermosillo, Sonora, Mexico.
hola@asistian.com · Phone & WhatsApp: +52 800 461 1234
In the event of any discrepancy between this English version and the Spanish version, the Spanish version shall prevail for customers domiciled in Mexico.