Terms of Service

Acceptance of these Terms is manifested by signing the service contract, by confirming the engagement via email or WhatsApp, or by starting to use the platform. If the Client does not agree with any provision herein, the Client must refrain from using the service.

Where the Client is a legal entity, whoever accepts the Terms represents that they have sufficient authority to bind the entity they represent.

Presencia. provides a service for monitoring and automatically replying to reviews posted on the Client's Google Business Profile. The service includes:

• Periodic reading of reviews through Google's authorized APIs.
• Generation of replies using artificial intelligence (Anthropic's Claude model).
• Publication of replies on the Client's profile, within the configured parameters.
• Notifications via WhatsApp and/or email upon negative reviews or other relevant events.
• An admin panel with metrics, history and configuration controls.

The specific scope, response timing and rating thresholds are defined by the contracted plan and the Client's configuration.

To use the service, the Client must: (i) be the legitimate owner of the Google Business Profile or hold express authorization from the owner; (ii) provide truthful, complete and current information; and (iii) grant Presencia. the necessary access through Google's OAuth flow, authorizing reading reviews and posting replies on the Client's behalf.

The Client is responsible for keeping account credentials confidential and for all activity occurring through their account. Any unauthorized use must be reported immediately to info@presencia-mx.com.

Presencia. offers the following plans (prices in Mexican pesos, MXN, plus VAT where applicable):

• Básico Plan: $500 MXN per month (up to 150 reviews, no WhatsApp alerts).
• Crecimiento Plan: $1,000 MXN per month (up to 300 reviews, includes WhatsApp alerts).
• Empresarial Plan: $2,000 MXN per month (unlimited reviews, includes WhatsApp alerts).

Billing is monthly and in advance, unless otherwise agreed. Presencia. will issue the corresponding electronic invoice (CFDI) using the tax information provided by the Client.

Payment must be made within ten (10) calendar days after the invoice is issued. In case of late payment, Presencia. may suspend the service after written notice to the Client and apply default interest at one percent (1%) per month on the overdue balance.

The Client may cancel the service at any time by giving written notice at least thirty (30) calendar days before the end of the billing cycle. No refunds are issued for partial months; the service will continue until the end of the paid cycle.

The Client undertakes to use the service in a lawful manner and in good faith. In particular, the Client may not:

• Use the service for illegal, fraudulent, or deceptive purposes.
• Breach the Google Business Profile Terms of Service, including policies on reply content and authenticity.
• Manipulate reviews, post false, intimidating or defamatory replies, or attempt to reply on profiles the Client does not own or for which the Client lacks authorization.
• Use the service to harass, discriminate against, or threaten users who have posted reviews.
• Reverse-engineer, decompile, or attempt to access Presencia.'s source code.

Breach of this section may result in immediate suspension of the service without refund and in the exercise of any applicable legal actions.

Presencia. uses artificial intelligence to generate replies that are posted to the Client's profile. While we make reasonable efforts for these replies to be appropriate, professional and respectful, the content published on the Client's Google profile is ultimately the Client's responsibility, as they may edit, approve, or reject replies via the controls available in the platform.

Presencia. does not guarantee specific outcomes, including without limitation improvements in average rating, an increase in positive reviews, ranking on Google searches, or commercial impact.

Except in cases of willful misconduct or gross negligence attributable to Presencia., its total aggregate liability towards the Client for any claim arising from the service is limited to the amount actually paid by the Client during the three (3) months preceding the event giving rise to the claim.

Presencia. is not liable for interruptions, failures, or delays attributable to third parties (including Google, Anthropic, Twilio, AWS, or the WhatsApp operator), nor for force-majeure events or fortuitous events.

Presencia. and its licensors own all rights in the platform, the code, the trained AI models, the documentation, the trademarks and the other elements of the service. These Terms do not transfer to the Client any intellectual property rights over such elements.

The Client retains ownership of its business data and of the authorizations granted via OAuth. The Client grants Presencia. a limited, non-exclusive, non-transferable license, solely to provide the service during the term of the contract.

Replies generated by the platform and published on the Client's profile may be used by the Client without further restriction by Presencia. once they are published.

To deliver the service, Presencia. relies on third-party providers, including:

• Google LLC, for access to the business profile and publication of replies.
• Anthropic, PBC, for reply generation using the Claude model.
• Twilio Inc., for sending WhatsApp notifications.
• Amazon Web Services, Inc., for hosting and infrastructure.

Use of the service implies the Client's acceptance that these providers participate in the processing of its information, in accordance with the Privacy Policy. The Client agrees to comply with the applicable Google Business Profile terms.

Presencia. may modify these Terms to reflect changes in legislation, the service, or its commercial practices.

Modifications will be notified to the Client by email at least thirty (30) calendar days before they take effect. If the Client continues to use the service after the effective date, it will be deemed to have accepted the new Terms. In case of disagreement, the Client may terminate the contract without penalty prior to the effective date.

Either party may terminate the contractual relationship by providing written notice at least thirty (30) calendar days in advance, with no need for judicial declaration.

Presencia. may suspend or terminate the service immediately when the Client materially breaches these Terms, especially Section 5 (Client conduct) or Section 4 (Payments).

After termination, the Client's data will be retained and deleted in accordance with the Privacy Policy. The Client may request export of their information prior to deletion within the timeframes set forth therein.

The Client agrees to hold harmless Presencia., its shareholders, directors, employees and representatives from any claim, demand, loss, damage or expense (including reasonable attorneys' fees) arising from: (i) the Client's breach of these Terms; (ii) misuse of the service; or (iii) infringement of third-party rights, including intellectual property rights or rights related to content published at the Client's instructions.

These Terms are governed by the laws of the United Mexican States. For their interpretation, performance and compliance, the parties expressly submit to the jurisdiction of the competent courts located in the city of Monterrey, Nuevo León, México, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.

For any matter related to these Terms, please write to us at info@presencia-mx.com. We will respond as soon as possible.