Terms of Service

Version 3.1 · Last updated: October 8, 2026

1. Acceptance and Parties

These Terms of Service (the “Terms”) form a contract between the individual or entity that purchases or uses the Service (“Customer” or “you”) and Asistian, S.A.P.I. de C.V. (“Asistian,” “we,” or “us”), located at Bulevar Morelos 307, second floor, Hermosillo, Sonora, Mexico.

Acceptance of these Terms, the Privacy Notice, and the policies linked from registration, the Platform, or Asistian’s website occurs in two ways:

Implied, when creating an account. By registering or using the Platform during a trial period, you accept the current version of these documents, which are made available to you on the registration form.
Express, when purchasing. To purchase a paid plan or, when applicable, accept a new version of these Terms, you must check the acceptance box.

In both cases, you confirm that you are at least 18 years old, have legal capacity, and, when acting for an organization, have authority to bind it. Asistian keeps a record of each acceptance, including the accepted version, date, user, and technical session data.

If you do not accept these Terms, do not register for or use the Service.

2. Service Description

Asistian is a SaaS platform built around customer conversations. Depending on the plan and modules purchased, it may include a multichannel inbox, CRM, contacts, pipelines, automations, AI assistants, scheduling and bookings, tickets, tasks, reports, integrations, and related features.

Available channels may include WhatsApp Business, Instagram, Messenger, email, forms, and third-party services. Certain features require the Customer to maintain valid third-party accounts, permissions, verifications, payment methods, or authorizations.

Asistian may improve, replace, or discontinue features. If a change materially reduces an essential purchased feature, we will provide at least 30 days’ notice, unless the change is urgent for security or legal compliance or results from a third-party provider’s decision.

3. Accounts, Users, and Security

The Customer must provide accurate information and keep it current. The business account Administrator controls invitations, roles, permissions, and removals and is responsible for use of the account.

The Platform may include Administrator, Supervisor, and Agent roles, teams, and configurable permissions. Included users and available features depend on the plan. Additional users are recurring subscription items billed at the current price or accepted quote; additions during a billing period may be prorated.

Each user must use individual credentials, protect them, and promptly report unauthorized access. The Customer must revoke access when a person is no longer authorized.

4. Acceptable Use

You may not use the Service to:

violate laws, third-party rights, or connected-channel policies;
send spam, deceptive messages, or communications without required consent;
distribute malware, attempt unauthorized access, or evade technical limits;
impersonate others, commit fraud, or facilitate unlawful activity;
process protected data or make high-impact automated decisions without a valid legal basis and appropriate safeguards;
resell, sublicense, or exploit the Platform beyond the authorized scope.

Asistian may restrict or suspend activity that creates a reasonable risk to people, third parties, security, or Service continuity.

5. Third-Party Integrations and Services

5.1 Meta and WhatsApp

When connecting WhatsApp Business, Instagram, or Messenger, the Customer must comply with Meta policies, obtain and retain required consent or opt-in, use approved templates when required, and follow messaging and content rules.

The Customer remains responsible for its Meta account, WABA, numbers, assets, permissions, templates, verification, and payment method. A suspension, restriction, or change imposed by Meta may affect the Service without constituting a breach by Asistian.

Meta messaging charges are not included in the Asistian subscription unless an order or promotion expressly states otherwise. Meta may charge the Customer directly under its current rates and categories. Messages sent from a phone or the WhatsApp Business application that do not pass through the API do not incur Meta API charges.

5.2 Google Workspace

When the Customer enables Google Workspace, it authorizes only the permissions displayed during OAuth. Features may include sending user-approved email, checking availability, and creating, updating, or canceling events. Access may be revoked under Settings → Integrations or through the Google account.

Use of Google API data is limited to providing or improving visible features requested by the user and is subject to the Google API Services User Data Policy, including Limited Use requirements.

5.3 Other Providers

Asistian may rely on infrastructure, AI, communications, payment, and monitoring providers. Their involvement is described in the Privacy Notice. The Customer is also subject to the terms of any external service it chooses to connect.

6. Artificial Intelligence

AI features produce probabilistic output that may contain errors, omissions, or unsuitable information. They do not replace human review or medical, legal, financial, or other professional advice.

The Customer is responsible for configuring instructions, knowledge, permissions, and actions; reviewing performance; maintaining appropriate human oversight; notifying end users when required; and avoiding solely automated decisions with legal or similarly significant effects without appropriate safeguards.

Each AI operation may consume resources based on the model, context, documents retrieved, conversation length, tools used, voice, images, and other processing. Public plan limits may be expressed as conversations, operations, or capabilities, while Asistian also applies a fair-use policy based on technical consumption, including tokens.

When a limit is reached, Asistian may pause or reduce AI features, offer an additional package, or recommend a plan change. The inbox and human service remain available unless nonpayment, a security incident, or another independent suspension ground applies.

Premium or frontier models, when available, are add-on modules, may have separate limits, and are not included unless expressly stated in the plan or purchase order.

Asistian does not use Customer Data to train its own general-purpose models. Processing by model providers is governed by their business/API terms and applicable data configurations and controls.

7. Customer Data and Privacy

The Customer retains rights in data uploaded, generated, received, or managed through the Service (“Customer Data”). The Customer grants Asistian a limited, nonexclusive license for the necessary term to host, process, transmit, back up, and display that data to provide, secure, and improve the Service for the Customer’s account.

The Customer determines the purposes and means of processing its contacts’ and end customers’ data; Asistian acts as a service provider or processor where applicable. The Customer must maintain valid privacy notices, consent, legal bases, and instructions for processing through the Platform.

We may use aggregated or anonymized statistical information that does not reasonably identify the Customer, its users, or contacts to operate, secure, and improve the Service.

8. Intellectual Property

The Platform, code, design, trademarks, documentation, and materials belong to Asistian or its licensors. A subscription grants only a limited, revocable, nonexclusive, nontransferable right to use the Service during the subscription term.

You may not reverse engineer, copy substantial components, remove proprietary notices, resell without authorization, or use unauthorized access or systematic extraction to develop a competing product.

9. Plans, Payments, and Billing

Current plans, prices, and capabilities appear on asistian.com/precios or in the accepted quote or order. Amounts are stated in Mexican pesos, and applicable VAT treatment will be shown in the offer or receipt.

Subscriptions are billed in advance and automatically renew monthly or annually, as purchased, until canceled. An annual plan covers 12 months, and its discount is calculated under the current offer. Modules and additional users form part of the subscription and may be prorated.

Stripe or another provider processes card payments. Asistian does not store full card numbers. The Customer authorizes recurring charges and must maintain a valid payment method.

9.1 Price Protection and Increases

The contracted base price is protected for the first 12 months of the subscription, except for Customer-requested changes, additional users or modules, variable usage, taxes, or third-party charges.

After that period, Asistian may adjust the price no more than once per year. For Customers in Mexico, an ordinary increase will not exceed the annual change in Mexico’s INPC published by INEGI plus 10 percentage points, unless the Customer expressly accepts a different migration, expansion, or proposal. At least 30 days’ advance notice will be provided.

9.2 Failed Payments and Delinquency

If a payment fails, we may retry it and notify the Administrator. While payment remains overdue, we may limit features, place the account in read-only mode, or suspend it. Retrying the same charge does not create an additional sale. Accrued amounts remain due.

9.3 Cancellation and Refunds

The Customer may cancel using the available settings or by emailing hola@asistian.com. Cancellation prevents the next renewal and takes effect at the end of the paid period. Unless required by law or agreed in writing, started periods, annual plans, users, modules, and consumed services are nonrefundable.

10. Trials, Discounts, and Courtesies

10.1 Free Trials

Free trials are governed by the offer shown at registration. They may be limited to new Customers, have a stated duration, and expire automatically. If a trial does not require a card, no automatic charge will occur when it ends; the Customer must purchase a plan to continue.

10.2 Discounts and Promotions

Discounts, promotional prices, and credits apply only under the terms and for the period stated in the offer, quote, or written communication that grants them. Their expiration does not obligate Asistian to renew them or grant them again.

10.3 Courtesies

Asistian may, at its discretion, grant courtesies such as additional users, capacity, features, credits, or an extended free trial. Courtesies are voluntary, unilateral concessions: they are not part of the purchased plan, do not modify these Terms or the purchase order, create no vested rights, and do not obligate Asistian to maintain, renew, or grant them again. Asistian may modify or withdraw them at any time by notifying the Administrator.

10.4 Maximum Term

Every courtesy, discount, promotional price, or credit has a maximum term of 12 months from the date it is granted, even if the offer or communication granting it states no term or a longer one. When it expires, it ends automatically and the plan’s current price and capabilities apply. If the Customer is then using more users or capacity than its plan includes, it must purchase the additional items or adjust its usage; in the meantime, Asistian may block new additions.

10.5 Exclusions

The annual billing price published on asistian.com/precios and the price protection under Section 9.1 are not discounts for purposes of this section.

11. Availability and Support

Asistian will seek reasonable availability and apply maintenance, monitoring, and continuity measures. Unless a signed SLA states otherwise, uninterrupted availability and automatic service credits are not guaranteed.

Disruptions or restrictions attributable to Meta, Google, OpenAI, cloud providers, telecommunications, internet access, Customer equipment, or force majeure are outside Asistian’s direct control. We will communicate material incidents under applicable procedures and obligations.

12. Suspension and Termination

Asistian may suspend or terminate an account for breach, nonpayment, fraud, abuse, security risk, government order, or violation of third-party policies that jeopardizes the Service. Suspension may be immediate when there is imminent risk.

Following cancellation, the Customer may request a reasonable export for 30 days, unless the account is restricted for legal or security reasons. Data may then be removed from active systems under the Privacy Notice and backup cycles, subject to legally required retention.

13. Confidentiality

Each party will reasonably protect the other’s confidential information and use it only for the contractual relationship. This obligation does not cover information that is public, lawfully known, independently developed, or required to be disclosed by a competent authority.

14. Warranties and Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY LAW, ASISTIAN DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THE ACCURACY OF AI- OR THIRD-PARTY-GENERATED RESULTS.

TO THE EXTENT PERMITTED BY LAW, ASISTIAN’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO ASISTIAN DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. ASISTIAN IS NOT LIABLE FOR INDIRECT DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, OR ACTS OF EXTERNAL PROVIDERS.

Nothing in these Terms limits non-waivable rights or liability that cannot lawfully be excluded.

15. Indemnification

The Customer will hold Asistian harmless from third-party claims arising from its Data, instructions, communications, products, services, breach of these Terms, or unlawful use or violation of connected-channel policies, except to the extent attributable to Asistian.

16. Governing Law and Disputes

Before filing a claim, the parties will attempt in good faith to resolve the dispute for at least 30 days after written notice.

These Terms are governed by applicable Mexican law. In business-to-business relationships, the parties submit to the competent courts of Hermosillo, Sonora, waiving any venue based on present or future domicile. This does not limit non-waivable consumer rights or jurisdiction.

17. Changes

We may update these Terms. Material changes will be notified at least 30 days in advance and will require acceptance when applicable. Corrections, clarifications, and nonmaterial changes may be published by updating the document date.

18. General Terms

These Terms, the purchase order, and incorporated policies form the entire agreement. If they conflict, a signed order or agreement controls specific commercial terms, except as provided in Section 10.4, while these Terms control general Platform use.

Invalidity of one provision does not affect the others. Failure to enforce a right is not a waiver. The Customer may not assign the agreement without written approval; Asistian may assign it in a reorganization, merger, or sale of the business, with notice where required.

19. Contact

Asistian, S.A.P.I. de C.V.
Bulevar Morelos 307, second floor, Hermosillo, Sonora, Mexico
hola@asistian.com · +52 800 461 1234