Terms and Conditions

ELYA provides technology solutions aimed at supporting lead capture, communication, service, follow-up, scheduling, automation, marketing, sales management and other activities related to the Customer's operation.

Available features will depend on the contracted plan and services, as well as the configurations, integrations and scopes agreed with each Customer.

ELYA may use infrastructure and technology services provided by third parties to provide certain features.

Unless expressly stated otherwise in a proposal, contract or service order, ELYA recurring plans have no mandatory minimum term.

When a minimum term, special project, annual contracting or other particular condition is agreed, the conditions specifically accepted by the Customer for that contracting will prevail.

Activation of the service, acceptance of a proposal or making the first payment will imply acceptance of the conditions corresponding to the contracted service.

Services contracted on a recurring basis will automatically renew at the end of each contracted period, using the registered payment method, until the Customer requests cancellation.

This provision will apply to both monthly and annual services, unless expressly stated otherwise in the proposal or particular contract.

The Customer may request cancellation of their service up to two natural days before the next scheduled payment date.

The request may be made by: email to ELYA's official channels, WhatsApp to ELYA's official support number, or the cancellation function available within the Customer's administration panel, when enabled.

Requests received within two natural days prior to the next payment may not be able to stop the processing of that charge.

Once cancellation is effective, the service will remain available until the end of the period already paid, unless there is a cause for immediate suspension under these Terms.

Prices, periodicity, currency and included services will be those set out in the corresponding plan, proposal or commercial agreement.

Payments made for service periods already started, implementations, configurations, consumption or services already rendered are non-refundable, unless there is a legal obligation requiring a refund, or ELYA and the Customer expressly agree otherwise in writing.

Failure to use the service due to a decision or causes attributable to the Customer does not automatically generate a right to a refund.

When a recurring charge is rejected, ELYA may make additional collection attempts and contact the Customer to request regularization of their account.

After the third unsuccessful collection attempt, and when it has not been possible to obtain a response, solution or regularization from the Customer, ELYA may suspend the services totally or partially.

Suspension may affect, among other features: platform access, automations, calendars, pages and forms, automated assistants, WhatsApp, SMS, email or telephony, integrations, sites hosted by ELYA and other services associated with the account.

The Customer is responsible for keeping their payment method up to date and valid. In case of suspension or termination for non-payment, the information retention periods established in these Terms will also apply. Once these periods have elapsed, ELYA does not guarantee the conservation, availability or recovery of information deleted as a result of account closure.

To carry out a correct implementation, ELYA may request information, materials, access, authorizations, content and approvals from the Customer. The Customer agrees to promptly provide the elements reasonably necessary to carry out the implementation.

Estimated implementation times may be modified when there are delays derived from: lack of information, lack of access or permissions, delays in approvals, changes requested by the Customer, external platform authorization processes, or any other dependency not under ELYA's direct control.

ELYA will not be responsible for delays attributable to the Customer's lack of collaboration or to external providers.

Data and databases managed by the Customer through ELYA remain the property of the Customer or their respective owners, as applicable. ELYA does not acquire ownership rights over contacts, customers, prospects, patients, conversations, records, documents or other information entered by the Customer into their account.

ELYA will not sell or market the Customer's databases or use them for its own campaigns or for the benefit of other customers. Contracting ELYA does not imply assignment of ownership of the Customer's information.

Ownership of the Customer's data does not imply ownership of the platform, licenses, infrastructure, master accounts, systems or technology through which ELYA provides its services.

While the contractual relationship remains active, ELYA grants the Customer the right to use the features included in their contracting. Upon termination of the service, the Customer may obtain or export the information corresponding to them according to available technical capabilities, but this does not imply ELYA's obligation to transfer the technology account, license, infrastructure or platform used to provide the service.

Automations, structures, templates, methodologies, general configurations, flows, documentation and other developments created by ELYA as part of its methodology or infrastructure are the intellectual property of ELYA or their respective owners.

The Customer obtains the right to use them during the term of the contracted service, but does not automatically acquire ownership, reproduction or transfer rights over them.

Content, logos, photographs, brands, databases and materials provided directly by the Customer remain the property of the Customer or their respective owners. Custom developments whose ownership has been specifically negotiated will be governed by the corresponding proposal or contract.

Once the service is terminated, the Customer will have a period of 15 natural days to request the export of information that can technically be exported through the available tools. ELYA may provide reasonable guidance to facilitate this process.

After this period, ELYA may proceed with the definitive closure of the account and does not guarantee the subsequent conservation, availability or recovery of the information.

Termination of the service does not give ELYA any right to appropriate or commercially use the Customer's databases.

When a website, landing page or digital asset is created as a feature included within an ELYA recurring plan and remains hosted on the infrastructure provided by ELYA, its availability will be linked to the validity of the corresponding service. In case of cancellation, such sites or pages may stop being available at the end of the contracted period.

Contracting a plan that includes a site or landing page does not automatically imply transfer of the infrastructure, files, configurations or technology used to build it. When website development is contracted as an independent project with specific delivery or ownership conditions, those conditions will prevail.

Registration, renewal, administration and ownership of domain names will be governed by the particular conditions under which each domain has been contracted. The inclusion of web hosting or a site within an ELYA plan does not automatically imply permanent ownership or renewal of a domain. When applicable, these conditions will be established separately in the corresponding proposal or contracting.

Accounts, profiles and external assets owned by the Customer, including Meta, Facebook, Instagram, WhatsApp, Google, Stripe and other platforms, remain the property of the Customer or their respective owners.

The Customer authorizes ELYA to connect, configure or manage such assets only to the extent necessary to provide the contracted services. Termination of ELYA's service does not imply loss of the Customer's ownership of such external assets.

Certain services may generate additional consumption beyond the plan's monthly fee, including, among others: WhatsApp, SMS, telephony, email, artificial intelligence, phone numbers, domains, processing or other services provided by third parties.

These consumptions may be charged additionally according to their use and current rates. When technology providers modify their prices, ELYA may update the rates corresponding to such consumptions.

ELYA may modify the prices of its plans or services. When a modification affects an active subscription, ELYA will endeavor to notify the Customer at least 30 natural days in advance.

Changes will not affect periods already paid retroactively. The Customer may cancel the service before the new price takes effect in accordance with the cancellation procedure established in these Terms.

ELYA may provide assistants and tools based on artificial intelligence capable of: answering conversations, providing information, classifying prospects, following up, scheduling appointments, executing automated actions and generating or interpreting content.

The Customer is responsible for providing accurate information about their products, services, prices, policies, restrictions, schedules and other elements used to configure such systems. When applicable, the Customer must review and approve the initial configuration.

Due to the nature of artificial intelligence systems, ELYA does not guarantee that all generated responses will be accurate, complete or appropriate in all cases and will not be responsible for decisions made exclusively based on automatically generated responses. The Customer must inform ELYA when they detect incorrect responses or configurations that require modification so that the corresponding adjustments can be made.

The Customer is responsible for having the authorizations, consents and legal bases necessary to contact the people incorporated into their databases. This includes communications made through WhatsApp, SMS, email, telephony, automated campaigns and other communication channels.

The Customer must not import, acquire or use databases obtained illegally or use them in a manner contrary to the policies of the corresponding providers. ELYA provides technological tools to carry out these activities, but does not replace the Customer's legal obligations regarding the origin and use of their databases.

ELYA undertakes to treat as confidential the non-public information of the Customer to which it has access as a consequence of providing its services.

Authorized ELYA personnel may access the Customer's account only when reasonably necessary for: implementation, configuration, support, training, incident diagnosis, maintenance, integrations, automations or activities requested or authorized by the Customer.

Such access will be limited to personnel who need to intervene to provide the service and will be subject to confidentiality obligations. ELYA will not use such access to sell, market or use the Customer's information for its own purposes unrelated to the contracted service.

ELYA will process personal data in accordance with its Privacy Notice and applicable law. When ELYA processes personal information on behalf of a Customer as part of the contracted services, the Customer will retain responsibility for the purposes and legitimacy of the processing of such information, while ELYA will act as a technology provider or data processor, as applicable.

The Customer is responsible for having their own privacy notices and consent mechanisms when legally required.

ELYA uses and integrates services provided by third parties to offer certain features. These may include messaging, social media, telephony, email, payment processing, hosting, artificial intelligence, domains, analytics and other technology platforms.

ELYA does not control the policies, decisions, availability, technical modifications or restrictions unilaterally imposed by such providers. Therefore, ELYA will not be responsible for interruptions or limitations directly attributable to such third parties, including, among others: account blocks or restrictions, number suspensions, API changes, policy changes, service outages, price changes and feature restrictions.

ELYA may collaborate reasonably with the Customer to diagnose and seek alternatives when these situations occur, without implying a guarantee of their resolution.

ELYA provides support to its active customers through the enabled service channels. Response times may vary depending on the nature, complexity and priority of each request.

Unless there is a specific service level agreement contracted in writing, ELYA does not guarantee a maximum response or resolution time.

ELYA provides technology, configuration, automation, tools and strategy aimed at improving commercial and operational processes. Results depend on multiple factors not under ELYA's exclusive control, including: the Customer's offer, market, prices, product or service quality, advertising investment, sales team, service, follow-up, use of tools and external market conditions.

Therefore, unless expressly agreed in writing, ELYA does not guarantee a certain number of prospects, appointments, sales, revenue, conversions or any other commercial result.

The Customer agrees not to use ELYA for: illegal activities, fraud, identity theft, spam or prohibited communications, distribution of malicious content, use of illegally obtained databases, attempts at unauthorized access, activities that violate third-party rights, or use that may deliberately affect the infrastructure or reputation of ELYA or its providers.

ELYA may suspend or terminate a service totally or partially when there is: non-payment, fraud or reasonable suspicion of fraud, illegal activities, spam or platform abuse, substantial breach of these Terms, use that puts at risk the infrastructure, providers, other customers or reputation of the service, or requirement by a competent authority.

When circumstances permit, ELYA will endeavor to notify the Customer and give them a reasonable opportunity to correct the breach before final termination.

ELYA will make reasonable efforts to provide the contracted services adequately and keep its infrastructure available. However, no technology service can guarantee uninterrupted availability.

ELYA will not be responsible for interruptions, losses or damages derived directly from circumstances beyond its reasonable control, including internet failures, third-party infrastructure, external platforms, API changes, acts of authority, fortuitous events or force majeure. Nothing in these Terms is intended to exclude liabilities that cannot legally be limited or excluded.

ELYA may update these Terms and Conditions when there are legal, technological, commercial or operational changes. The current version will be available on ELYA's official website and will indicate the date of its last update.

When a modification substantially affects the conditions of an active service, ELYA may communicate it through the Customer's available contact information.

These Terms and Conditions will be governed and interpreted in accordance with the applicable laws of the United Mexican States. The parties will endeavor in good faith to resolve any dispute related to the provision of services.

When a solution cannot be reached, and unless a legal provision of public order establishes a different jurisdiction, the parties submit to the competent authorities and courts of San Luis Potosí, S.L.P., Mexico, waiving the jurisdiction that may correspond to them by reason of their present or future domiciles.

For any questions regarding these Terms and Conditions:

• Service provider: Guillermo Leal Rosillo
• Trade name: ELYA
• Address: Amado Nervo 1561-PH, San Luis Potosí, S.L.P., Mexico
• Email: hola@elya.app

Last updated: August 2026.