…
Draft not legally reviewed · Borrador no revisado legalmente. This text is a reasonable starting point for Spain (GDPR, LSSI-CE, LOPDGDD) but does not constitute legal advice. The owner must have it reviewed by a lawyer before final publication.
Last updated: 16 August 2026
These General Terms and Conditions of Service (the “Terms”) govern access to, subscription for, and use of Aymar Agents, a conversational artificial intelligence agent service offered as software as a service (SaaS) through the aymaragents.com website and the associated platform (together, the “Service”). The Service is provided by:
Accessing the platform, subscribing to any Plan, or continuing to use the Service constitutes full and unconditional acceptance of these Terms by the customer (the “Customer”). If you do not agree with them, in whole or in part, you must refrain from subscribing to or using the Service. These Terms are supplemented, with respect to the processing of personal data, by the Privacy Policy, and, with respect to use of the website, by the Legal Notice.
For the purposes of these Terms, the following terms have the meaning set out below:
The Service is intended exclusively for companies and self-employed professionals acting within the scope of their business or professional activity, and not for consumers within the meaning of Spanish consumer-protection law (Royal Legislative Decree 1/2007, of 16 November). To subscribe to the Service, the Customer represents and warrants that it is a commercial company validly incorporated and, where applicable, registered with the corresponding Commercial Registry, or a sole trader or professional registered with the Spanish Tax Agency (AEAT).
Where the Customer is a legal entity, the person completing the registration represents that they hold sufficient power of representation to bind that entity, in accordance with the consolidated Spanish Capital Companies Act (Royal Legislative Decree 1/2010, of 2 July) or equivalent applicable rules.
To use the WhatsApp channel, the Customer must have or create a Meta Business Manager account linked to a verified business, as well as its own operating website, as required by Meta's WhatsApp Business Platform policies. Aymar Innovations, S.L. facilitates the connection process through its technology provider Kapso, but does not control or guarantee the outcome of Meta's verification and approval process, which is Meta's sole responsibility.
Access to the Service requires creating an Account with truthful, accurate, and up-to-date information. The Customer is responsible for safeguarding its access credentials and for all activity carried out from its Account, including activity by internal users to whom the Customer grants access through roles or permissions. The Customer must promptly notify Aymar Innovations, S.L. of any unauthorised use of its Account or security breach it becomes aware of.
Aymar Agents is a subscription SaaS service that enables the deployment of conversational artificial intelligence agents to serve the Customer's own end customers across several channels. Depending on the Plan subscribed, the Service includes, among others, the following features:
The specific scope of each feature and its quantitative limits vary according to the Plan subscribed, as described at aymaragents.com/precios at the time of subscription. Aymar Innovations, S.L. may add, modify, or improve Service features as part of its ongoing development, without this constituting a material change to the purpose of the contract, subject to clause 18 where applicable.
The operation of the Service depends, in certain respects, on the availability of third-party providers and platforms (including, among others, Meta/WhatsApp, Telegram, Google Calendar, artificial intelligence model providers, and cloud infrastructure providers). Aymar Innovations, S.L. is not responsible for interruptions, limitations, or policy changes that such third parties introduce in their own services.
Aymar Agents offers a 15 calendar-day free trial period from sign-up, during which the Customer may access the Service's features subject to the conditions in force from time to time for that period. No charge will be made during the trial unless the Customer expressly subscribes to a paid Plan.
If the trial period ends without the Customer having subscribed to a paid Plan, access to the Service will be suspended or limited, without prejudice to data retention for the period indicated in clause 17. Aymar Innovations, S.L. may modify the duration or conditions of the trial period for future sign-ups at any time.
The Service is offered through the Starter, Pro, and Enterprise Plans, whose features, usage limits, and current prices are published at aymaragents.com/precios. Prices are expressed in euros, do not include Value Added Tax (VAT) or other applicable taxes, and correspond to a monthly subscription fee.
Subscribing does not require a minimum commitment period: the Customer may cancel its subscription at any time, with effect at the end of the current billing period, as set out in clause 17.
Payment is processed through Stripe, a payment platform operated by Stripe Payments Europe, Ltd. and/or the relevant Stripe group entities depending on the Customer's jurisdiction. Aymar Innovations, S.L. does not access or store full card or payment method details, which are handled directly by Stripe in accordance with its own privacy policy and the PCI-DSS standard.
Aymar Innovations, S.L. may update Plan prices. Any price change will be communicated to the Customer with reasonable advance notice and will not affect periods already billed; if the Customer does not agree with the new price, it may cancel its subscription before the change takes effect.
If a periodic charge cannot be completed (for example, due to a declined card or other payment method), Aymar Innovations, S.L. may retry the charge and will notify the Customer to remedy the situation. While the non-payment remains unresolved, Aymar Innovations, S.L. may suspend access to the Service, in whole or in part, without this giving rise to any compensation in favour of the Customer.
If the non-payment continues unjustifiably after the Customer has been asked to remedy it, Aymar Innovations, S.L. may terminate the contract, without prejudice to any amounts owed and to data retention and deletion in accordance with clause 17.
The Customer undertakes to use the Service in accordance with the law, morality, public order, and these Terms, and, in particular, not to use it to:
Breach of this clause may result in precautionary suspension or termination of the Service, without prejudice to any legal action that may be available to Aymar Innovations, S.L. or to affected third parties.
The WhatsApp channel is provided through Meta's official WhatsApp Business API, via the technology provider (Business Solution Provider) Kapso. Its use is subject, in addition to these Terms, to Meta's WhatsApp Business Policy, Commerce Policy, and other Meta policies in force from time to time, which the Customer undertakes to know and comply with directly.
Each Plan includes an AI Token Quota associated with the use of the artificial intelligence models that power the agents (generating responses, querying the knowledge base, and similar features). Accumulated consumption and the available limit can be checked at any time from the Platform dashboard.
As the AI Token Quota limit is approached, the Platform will display notices to the Customer. Once the quota for the current cycle is exhausted, the Service may limit or temporarily suspend the features that depend on AI models until the start of the next billing cycle, unless the Customer subscribes to a quota extension through the options available on the Platform.
Agent responses are generated using artificial intelligence models, both proprietary and provided by third parties. Despite reasonable efforts in configuration, oversight, and continuous improvement, such responses may contain errors, inaccuracies, outdated information, or unintended results (“hallucinations”). Aymar Innovations, S.L. does not guarantee the absolute accuracy, completeness, or fitness for a particular purpose of the responses generated.
The Customer is solely responsible for reasonably overseeing how its agents operate in production, for periodically reviewing conversations and the knowledge base, for correcting configuration where necessary, and for appropriately informing its own end customers when they are interacting with an automated system, in compliance with any law applicable to it.
The Customer retains full ownership of all Customer Content it enters, uploads, or generates on the Platform. By uploading it, the Customer grants Aymar Innovations, S.L. a limited, non-exclusive licence, restricted to the term of the contract, to host, process, reproduce, and use that content to the extent strictly necessary to provide the Service.
The Customer represents and warrants that it holds the necessary rights and authorisations over the Customer Content and that its upload and processing on the Platform does not infringe third-party rights or applicable law, including data protection law where that content includes personal data of its own end customers.
To the extent that, in providing the Service, Aymar Innovations, S.L. processes personal data on the Customer's behalf (for example, data of end users who interact with the agents through the various Channels), such processing is governed by the corresponding data processing agreement, in accordance with Article 28 of the General Data Protection Regulation, which is made available to the Customer during the subscription process or through the Platform dashboard.
With respect to the personal data of the Customer's own representatives and users that Aymar Innovations, S.L. processes as data controller (for example, Account data), the Privacy Policy published at aymaragents.com/legal/privacidad applies and forms an integral part of these Terms.
The software, source code, interfaces, designs, trademarks, distinctive signs, documentation, and other elements of the Platform are the exclusive property of Aymar Innovations, S.L. or its licensors, and are protected by intellectual and industrial property law.
Subscribing to the Service grants the Customer a personal, non-exclusive, non-transferable right of use, limited to the term of the contract and to the purposes of its own business activity, without transferring any intellectual or industrial property rights. Reverse engineering, decompiling, or creating derivative works of the Platform is prohibited, except where expressly and mandatorily permitted by law.
Aymar Innovations, S.L. provides the Service with the reasonable diligence expected of a provider in its sector and pursues reasonable availability of the Platform, without this constituting a guarantee of uninterrupted or error-free operation, particularly with respect to aspects that depend on third-party providers (Meta/WhatsApp, Telegram, Google, artificial intelligence model providers, and cloud infrastructure and payment providers).
To the maximum extent permitted by applicable law, Aymar Innovations, S.L.'s liability for damages arising from the Service is limited to the amount actually paid by the Customer during the twelve months preceding the event giving rise to the claim, excluding indirect damages, loss of profit, and loss of business, clientele, or reputation. This limitation does not apply to liability that cannot be legally limited or excluded, including cases of wilful misconduct or gross negligence, and cases in which the Customer acts as a consumer and mandatory consumer-protection law applies.
The contract takes effect upon acceptance of these Terms and confirmation of the subscription, and has an indefinite term that automatically renews for monthly periods unless cancelled by either party.
The Customer may cancel its subscription at any time from the Platform dashboard or by written request to admin@aymaragents.com. Cancellation will take effect at the end of the current billing period, with no refund of amounts already paid for that period, unless applicable law provides otherwise.
After cancellation, the Customer's access to the Platform will be deactivated. Customer Content will be retained for a reasonable period to allow the Customer to export it, after which it will be permanently deleted, except for data whose retention is legally required. Details on personal data retention periods are set out in the Privacy Policy.
Aymar Innovations, S.L. may modify these Terms to adapt them to legal, technical, or Service-related changes. Material modifications will be notified to the Customer with reasonable advance notice, by email or through a notice on the Platform, indicating their effective date.
Continued use of the Service after the modifications take effect constitutes acceptance of them. If the Customer does not agree with the new conditions, it may cancel its subscription before that date in accordance with clause 17, without incurring any penalty.
For any query, incident, or request relating to the Service, the Customer may contact the support team by email at admin@aymaragents.com, by phone/WhatsApp at +34 603 293 908, or through the ticketing system available within the Platform.
Aymar Innovations, S.L.'s official communications relating to the contract (billing notices, changes to the Service, modifications to these Terms, among others) will be sent to the email address associated with the Customer's Account, which the Customer undertakes to keep up to date.
These Terms are governed by Spanish law. Any dispute arising from their interpretation or performance shall be submitted to the Courts of the city of Málaga, Spain, with the parties expressly waiving any other jurisdiction that might otherwise apply, except where applicable law establishes a different mandatory jurisdiction (for example, in consumer matters).
If any clause of these Terms is held to be void or unenforceable, the remaining provisions will remain fully valid and effective. Failure by Aymar Innovations, S.L. to exercise any right recognised in these Terms does not constitute a waiver of its future exercise.