Terms and conditions

Atendalia provides an automated assistant that answers your customers by phone and, when enabled for your business, also over WhatsApp — using artificial intelligence and third-party telephony and messaging services — to check availability and create, reschedule or cancel appointments (or reservations and orders, depending on your line of business) in the calendar you connect.

You are responsible for keeping your access credentials confidential and for all activity that happens in your account. Let us know immediately if you suspect unauthorized access. To provide support, the platform administrator can reset your password if you ask, but cannot view your current password, and can temporarily enter your dashboard to help you (an action that is always logged).

You must not use the service for unlawful purposes, to harass others, or to record or process calls without complying with the laws applicable in your locality regarding privacy and call recording — that responsibility is yours as the business owner.

Outbound marketing or win-back calls require a valid legal basis, prior notice, respect for do-not-contact requests and applicable exclusion registries in the destination country. Do not upload prospect lists without sufficient authorization. Automated Recall is available only for reviewed countries and channels, with current terms, verifiable permissions and suppression controls; appointment notices do not authorize marketing campaigns.

With respect to the people who call your business, you are the controller of their personal data and Atendalia acts solely as a processor — that is, it processes that data only to provide you the service and under your instructions. It is up to you to inform those people about the processing of their data and to obtain the consent the law requires. To help you, the assistant identifies itself as a virtual assistant at the start of the call, unless you choose the greeting style that does not announce it — that choice is yours, and so is complying with it. In every case the assistant never claims to be a person and tells the truth if asked whether it is a robot, a machine or an AI. Since July 25, 2026, calls are not recorded and their audio is not stored: they are transcribed to text in order to book the appointment and for quality; by using the service you instruct us to do so on your behalf. Audio from calls handled before that date is kept until your retention period expires. You agree to hold Atendalia harmless from any claim arising from your failure to meet these obligations toward your customers.

The service depends on external providers of telephony, artificial intelligence and calendar (for example Google Calendar). We do not guarantee uninterrupted availability: outages, maintenance or changes at those providers may temporarily affect how the assistant works.

The assistant operates using artificial intelligence and natural language processing provided by third parties. The customer (the business owner subscribing to the service) is solely responsible for all configurations, instructions, service descriptions, pricing, restrictions, and information provided to the assistant.

Due to the inherent nature of AI technology, the assistant may misunderstand inputs, generate inaccuracies, or hallucinate. Any statement, response, quote, or booking made by the assistant to any caller or messaging user is deemed made under your exclusive account, direction, and supervision. Under no circumstances shall Atendalia, its owner (Hector Samuel Peña Guzman), operators, or developers be liable to you or any third party for what the assistant states, promises, advises, or interprets during any interaction. You are responsible for regularly auditing your appointment notes and call summaries.

For medical practices, healthcare clinics, dental clinics, and licensed professionals: the virtual assistant operates exclusively as an administrative assistant for front-desk call handling, general schedule inquiries, and appointment booking. In no event does Atendalia provide medical care, telemedicine, pharmaceutical prescriptions, or clinical diagnoses. The contracting healthcare professional or institution remains the sole legal Health Controller (Responsable Sanitario) and clinical record custodian under Mexico's NOM-004-SSA3-2012 and the General Health Law. In the event of acute emergencies or life-threatening symptoms, the assistant is configured to immediately transfer to live healthcare staff or instruct the caller to dial 911 emergency services.

The processing of your customers' data and yours is described in our privacy notice and in our cookie policy, which form part of these terms.

The software, trademarks and content of the platform are the property of Atendalia or its licensors. You acquire no rights over them other than to use the service in accordance with these terms.

To the fullest extent permitted by applicable law, neither Atendalia, nor its owner Hector Samuel Peña Guzman, nor its creators, operators, or affiliates shall be liable for indirect, consequential, punitive damages, lost profits, business disruption, or disputes arising from statements, outputs, or appointments handled by the AI assistant.

Atendalia's and Hector Samuel Peña Guzman's total aggregate liability to you for any claim related to the service is limited to the total fees you paid for the service in the three months immediately preceding the claim.

This cap does not apply to our willful misconduct or gross negligence, nor to damages the law does not allow us to limit. It also does not restrict or replace the non-waivable rights granted to you by Mexico's Federal Consumer Protection Law: if any part of this clause were found contrary to that law, it shall be deemed not written and the rest of the agreement remains in force.

You agree to defend, indemnify, and hold harmless Atendalia, its owner Hector Samuel Peña Guzman, and its affiliates, contractors, and technology vendors from and against any third-party claims, demands, disputes, regulatory penalties, damages, or costs (including reasonable legal fees) arising from: (a) anything said, promised, answered, or booked by the AI assistant on behalf of your business; (b) inaccuracies in the data or instructions you configured; (c) your commercial, medical, or professional services provided to your users; or (d) your breach of these terms or applicable law.

The service can be used under two flexible models based on your dashboard selection:

• Monthly Subscription: Contracted for the agreed amount under your chosen plan, visible in the «Your plan» section. Recurring card billing is processed securely by Mercado Pago. You can cancel or pause whenever you wish without penalty or lock-in periods (protected by single-use OTP email verification).
• Pay As You Go (Usage-based): Works through on-demand manual top-ups ($300, $500, $1,000, or $2,000 MXN) processed by Mercado Pago. Each top-up is a single payment: we never store your card details for unexpected automatic charges unless you explicitly configure auto-reload. Your positive balance does not expire; voice calls are billed by actual seconds ($11.90 MXN/min) and WhatsApp per reply ($0.45 MXN). If your balance hits zero, the assistant pauses smoothly without forced debt or penalties. You can cancel or cease topping up at any time; unused credits may be refunded in accordance with our billing policy and Mexican consumer protection law (LFPC).

The full rules —what happens if a payment fails, how to cancel and how refunds work— are in our billing, cancellation and refunds policy, which forms part of these terms.

You can stop using the service at any time. We may suspend or terminate your access if you breach these terms or for non-payment, giving you notice as far in advance as is reasonable under the circumstances.

We may update these terms; important changes will be notified to you and, if you choose to keep using the service after a change, it's understood that you accept them.

These terms are governed by the laws of the United Mexican States. Any dispute will be resolved before the competent courts of Mexico, without excluding mandatory rights that customers or contacted people may have in another jurisdiction. A translated interface or international dialing code does not mean outbound campaigns are enabled there.

Provided by Hector Samuel Peña Guzman, Monterrey, Nuevo León, México. For any questions, write to us at samuelpch09@protonmail.com or on WhatsApp at +52 81 8709 0209.