Terms and Conditions of Use

1. Acceptance of Terms

By accessing and using CitaFlow ("the Service"), provided by Lince Media LLC ("we", "our", "the Company"), you agree to comply with these Terms and Conditions of Use ("Terms"). If you do not agree with these terms, you must not use our service.

These terms constitute a legally binding agreement between you and Lince Media LLC, established in Miami, Florida, United States.

In these Terms, "Affiliate" means any entity that controls, is controlled by, or is under common control with the Company, where "control" means direct or indirect ownership of more than 50% of the voting rights or the ability to direct the management of an entity.

In these Terms, "Provider", "we", "us", "our", or "CitaFlow" means the entity providing the Service from time to time, currently Lince Media LLC, and any Affiliate or successor that may provide the Service pursuant to Section 13.5. The identity of the current providing entity will be kept up to date on this page and on issued invoices.

2. Description of Service

CitaFlow is a SaaS (Software as a Service) platform that provides:

• AI-powered voice assistant for handling incoming calls
• AI-powered chat assistant on multiple messaging channels (WhatsApp, Telegram, Instagram, Facebook Messenger, and web chat widget)
• Automated appointment management system for businesses
• Web administration panel and mobile apps for configuration, analytics, and notifications
• Client notifications by email, SMS, and WhatsApp, and service short links
• Integration with telephony systems, calendars, and third-party services you choose to connect (for example, payments, invoicing, or product catalog)
• Optional features such as charging your clients, team management and time tracking, booking pages, and custom domains
• Analytics and reporting tools

Some features or channels may be offered in beta or with limited availability; they are identified as such in the product and may change without this constituting a breach of the Service.

2.1 AI Assistant Transparency (Regulation (EU) 2024/1689)

The CitaFlow assistant informs people that they are interacting with an artificial intelligence: through a notice played at the beginning of voice calls and through an identification as an AI virtual assistant at the start of chat conversations. These notices are enabled by default on all channels and cannot be disabled or removed, in compliance with Article 50 of the EU Artificial Intelligence Act. You may customize your welcome messages, but you may not suppress the identification of the system as AI or configure the assistant to pass itself off as a person.

3. Telephony Services and Telecommunications Operator

Important: CitaFlow is a SaaS software provider. We are not a telecommunications operator.

3.1 Voice Service Provision

The telephony services included in our Voice modules (Voice Lite, Voice Go, and Voice Pro) are provided through:

• Twilio Inc.: Cloud communications platform (Communications Platform as a Service - CPaaS)
• Enreach Communications S.L.U.: Underlying telecommunications operator in Spain (formerly known as Masvoz)

3.2 Service Structure

• Spanish phone numbers are distributed by Twilio on behalf of Enreach Communications S.L.U.
• Enreach Communications S.L.U. is the registered operator with the CNMC (National Commission on Markets and Competition)
• CitaFlow manages independent Twilio subaccounts for each customer for regulatory compliance purposes
• Number portability is performed to Enreach/Masvoz as the underlying operator

3.3 Responsibilities

• CitaFlow (Lince Media LLC): Software as a Service (SaaS) provider and service management
• Twilio Inc.: Technical communications platform and call processing
• Enreach Communications S.L.U.: Regulated telecommunications operator, responsible for compliance with Spanish authorities

3.4 Telecommunications Regulatory Compliance

Enreach Communications S.L.U. complies with all Spanish telecommunications regulatory obligations, including:

• Registration as an operator with the CNMC
• Compliance with the General Telecommunications Law
• Number portability obligations
• Data retention requirements under Spanish legislation
• Emergency services and location requirements when applicable

3.5 Voice Service Limitations and Disclaimers

Not for Emergency Calling: CitaFlow is not designed or intended for emergency calling (911/112). Do not rely on our service for emergency communications. You should maintain alternative means of contacting emergency services.

Call Transcription: Calls handled by the CitaFlow voice assistant are automatically transcribed to improve service quality and generate summaries. Calls are not recorded in audio format; only an approximate text transcription is retained. Voicemails, by their nature, are recorded and stored as audio messages. CitaFlow plays an informational notice at the beginning of calls indicating that the call is handled by an artificial intelligence and that the conversation is transcribed (see Section 2.1). You are responsible for ensuring that your business's operation with this notice complies with applicable laws in your jurisdiction and those of your callers, including any additional recording consent requirements under your local regulations.

Carrier and Network Limitations: Message and call deliverability depends on third-party carriers and networks. We cannot guarantee delivery of SMS, WhatsApp messages, or calls. Messages may be filtered, blocked, or delayed by carriers, and certain content may be restricted. Delivery rates and routing are subject to carrier policies and regulations beyond our control.

3-bis. Third-party services and external partners

Important: CitaFlow may facilitate access, introduction, or technical integration with products or services offered by third parties, including POS services, payment terminals, or payment services provided by Teya or other providers. These services are provided exclusively by the corresponding third party and are governed by its own contractual terms, privacy policies, fees, approval processes, support and compliance requirements.

CitaFlow is not a payment institution, acquirer, bank, payment processor, or terminal provider. We do not guarantee approval by the third party, availability, pricing, performance, quality, installation lead time, continuity, or economic results of such services. The contract is formalised directly between you and the third party.

3-bis.1 Referral compensation

CitaFlow may receive compensation from the partner if you sign up for their services. You can request more information about this compensation by contacting contact [arroba] citaflow [punto] com .

3-bis.2 Data shared with the partner

When you request that an external partner contacts you about its services, we may share with that partner the data described in our Privacy Policy, section 6.6. You acknowledge that the partner will process such data as an independent data controller.

3-bis.3 Disclaimer for third-party services

To the maximum extent permitted by applicable law, CitaFlow shall not be liable for: (a) the third party's refusal to contract or provide the service; (b) the fees, commissions, charges or conditions applied by the third party; (c) the quality, continuity, latency, faults, delays or breakdowns of the terminal or the third-party service; (d) the conduct of the third party, its staff or its subcontractors; (e) the geographic or temporal availability of the third-party service; (f) loss of revenue or any economic damage arising from the provision or non-provision of the third-party service. Any claim relating to the third-party service must be addressed to the third party in accordance with its terms.

3-bis.4 Technical integration and revocation

If you connect CitaFlow with an external partner's service via OAuth or any other authorisation mechanism, CitaFlow will store the tokens needed to operate the integration, as well as the account, store and terminal identifiers provided by the partner. These data are used solely to send and reconcile transactions with your appointments. You may revoke the integration at any time from your dashboard; revocation will stop the integration on CitaFlow's side but does not affect your contractual obligations with the partner, nor any data the partner may already have processed as an independent controller.

4. User Registration and Account

4.1 Account Creation

To use CitaFlow, you must:

• Be at least 18 years of age
• Provide complete, accurate, and up-to-date information
• Be a legal entity or natural person with legal capacity to contract
• Not be previously suspended or removed from the service

4.2 User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your access credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Keeping your contact and billing information up to date
• Complying with the authorized user limit according to your plan

5. Acceptable Use of the Service

5.1 Permitted Uses

You may use CitaFlow to:

• Manage calls and appointments for your legitimate business
• Automate communication with your customers
• Analyze your business performance data
• Integrate with other authorized business services

5.2 Prohibited Uses

You must NOT:

• Use the service for illegal or fraudulent activities
• Violate third-party intellectual property rights
• Transmit malware, viruses, or malicious code
• Attempt unauthorized access to our systems
• Reverse engineer the software
• Resell the service without express authorization
• Use the service for spam or unsolicited communications
• Violate applicable data protection laws
• Remove, hide, or circumvent the notices identifying the assistant as artificial intelligence (Section 2.1)
• Use the service in a manner that overloads our systems

5.3 Content Moderation and Notices

CitaFlow may review, restrict, or remove content configured or published through the Service (for example, assistant texts, knowledge bases, or booking pages) when we become aware that it is illegal or breaches these Terms, and may suspend accounts in serious or repeated cases. Anyone may notify us of allegedly illegal content by writing to contact [arroba] citaflow [punto] com ; we will review notices diligently and in a non-discriminatory manner.

6. Plans, Billing, and Payments

6.1 Pricing Structure

• Prices are displayed in EUR or USD depending on the customer's location, and do not include applicable taxes
• Fees are charged in advance according to the billing period
• Plans include specific usage limits (calls, users, etc.)
• Usage overages will be charged according to current rates

6.2 Billing and Renewal

• Subscriptions automatically renew at the end of each billing period
• An electronic invoice will be sent to your registered email after each charge
• You can manage your payment method and view invoices from the Stripe Billing Portal

6.3 Plan Changes

Process: Plan and module changes (for example, Voice or Chat) are managed from your dashboard, in the billing section. Before you confirm a change, you will be shown the new price and, where applicable, the proration details; no change involving an additional charge is applied without your express confirmation.

Upgrades (Change to Higher Plan):

• Applied immediately after your confirmation
• A prorated charge is issued for the price difference until the end of the current period
• The charge covers the unused portion of the current billing period at the new plan price
• From the next billing cycle, you will be charged the full price of the new plan
• Example: If you upgrade from Starter alone (29€/month) to Starter with the Voice Go module (94€/month total) mid-month, you will be charged approximately the proportional amount for the remaining days at the higher rate

Downgrades (Change to Lower Plan):

• Scheduled to apply at the end of the current billing period
• You continue to have full access to your current plan features until the period ends
• No credits or refunds are issued for the price difference of the current period
• From the next billing cycle, you will be charged the price of the new lower plan
• Example: If you request to change from the Voice Pro module (Starter plus Voice Pro, 198€/month total) to the Voice Go module (Starter plus Voice Go, 94€/month total), the change will apply on your next monthly renewal date

Important: No automatic charges will be made without your prior confirmation through the dashboard.

6.4 Cancellations

• Cancellations are made from your dashboard or from the Stripe Billing Portal
• Cancellations are processed at the end of the current billing period
• You maintain full access to the service until your paid period ends
• No refunds are issued for the unused portion of the current period
• You may reactivate your subscription at any time before the period ends

6.5 Payments and Default

• Payments must be made through accepted methods (credit/debit card through Stripe)
• Non-payment will result in service suspension after 7 days from the due date
• Late payment interest of 1.5% monthly will be applied on unpaid amounts
• Collection and management costs will be borne by the customer

6.6 Refund Policy

• We offer a 14-day satisfaction guarantee for new customers
• No refunds for partial service periods
• Refunds are processed to the original payment method
• Additional services are non-refundable

6.7 Charging Your Own Clients

If you enable client-charging features (for example, through Stripe Connect or a third-party POS), charges are made through your business's own payments account: you are the merchant and are responsible to your client for charges, refunds, receipts, and applicable taxes. CitaFlow acts as a technical tool and is not a party to the transaction between you and your client.

7. Intellectual Property

7.1 Our Intellectual Property

CitaFlow and all its components, including but not limited to:

• Software, source code, and proprietary algorithms
• Designs, logos, and trademarks
• Documentation and training materials

Are the exclusive property of Lince Media LLC and/or its Affiliates and are protected by applicable intellectual property laws. The artificial intelligence models used in the service are provided by third-party providers and are subject to their own license terms.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the service according to these terms.

7.3 Your Data

You retain all rights to your data. You grant us a license to process your data solely to provide the service.

8. Privacy and Data Protection

8.1 GDPR Compliance

As a US company providing services in the EU, we process personal data in accordance with GDPR:

• We act as a data processor for your customer data
• We maintain Data Processing Agreements (DPAs) compliant with GDPR Art. 28 with all our sub-processors (see the full list in our Privacy Policy, section 6)
• Data is primarily stored on EU servers
• We implement appropriate technical and organizational measures
• We have designated an EU representative pursuant to GDPR Art. 27 (see our Privacy Policy, section 12)

8.2 Your Obligations

As a data controller, you must:

• Obtain valid consent from your customers
• Inform your customers about data processing, including that their data will be processed by CitaFlow as a data processor, and provide a link to our Privacy Policy
• Respond to data subject rights requests
• Immediately notify us of any security breach
• If you use the Team module or time tracking, inform your employees about the processing of their data, for which you are the controller
• If you configure advertising pixels or third-party tracking tools on your booking page or landing page managed with CitaFlow, obtain your visitors' consent in accordance with applicable cookie and privacy regulations; you are solely responsible for that compliance

8.3 Special Categories of Data

Prohibition: You shall not input, store, or process special categories of personal data (as defined under GDPR Article 9, including health data, biometric data, racial or ethnic origin, political opinions, religious beliefs, genetic data, or data concerning sex life or sexual orientation) through our Service unless: (a) you have obtained explicit written authorization from us; (b) you have a valid legal basis for processing such data; and (c) appropriate additional safeguards have been agreed upon in writing. Any unauthorized processing of special category data is a material breach of these Terms.

For more details, see our Privacy Policy.

9. Warranties and Limitation of Liability

9.1 Service Level Target

We target the following service levels:

• Target 99.5% service availability (this is a target, not a guarantee)
• Provide technical support according to your plan
• Implement security updates regularly
• Provide advance notice about scheduled maintenance

9.2 Exclusive Remedy for Service Levels

If we fail to meet our 99.5% uptime target in any calendar month, your sole and exclusive remedy is to request service credits equal to 10% of your monthly fee for each full percentage point below the target, up to a maximum of 30% of your monthly fee. Service credits must be requested within 30 days of the end of the affected month and will be applied to future invoices. Service credits are the sole and exclusive remedy for any failure to meet our service level targets.

9.3 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9.4 Limitation of Liability

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Service interruptions due to causes beyond our control

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID IN THE LAST 12 MONTHS.

9.5 Not Intended for Mission-Critical Use

The Service is not designed or intended for emergency services, medical emergencies, life-safety, critical infrastructure, real-time systems with irreversible consequences, or any other high-risk use where failure, interruption, delay, or error could result in death, personal injury, severe property damage, environmental harm, or catastrophic financial loss. You acknowledge that you must not rely on the Service for such uses and agree to maintain appropriate alternative means and contingency procedures.

10. Indemnification

You agree to indemnify and hold harmless Lince Media LLC, its Affiliates, assignees, successors, officers, employees, and agents, from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these terms
• Your violation of third-party rights
• Your misuse of the service
• Content you transmit through the service

11. Termination

11.1 Termination by User

You may cancel your subscription at any time from your dashboard. Cancellation will be effective at the end of the current billing period.

11.2 Termination by Us

We may suspend or terminate your access immediately, including free trial accounts and paid accounts, if:

• You breach these terms
• You fail to make corresponding payments
• You use the service fraudulently or illegally
• Your use negatively affects other users
• You provide false, misleading, or incomplete information during registration
• You create multiple trial accounts to circumvent free trial limitations
• We detect unusual, automated, or suspicious activity on your account
• Your account remains inactive for an extended period (more than 90 days for trial accounts)

We reserve the right to verify information provided during registration and to require additional documentation to confirm identity or business legitimacy.

11.3 Effects of Termination

• Your access to the service will cease at the end of the current billing period
• Grace period (30 days): All your data remains intact and you can reactivate your account without data loss by renewing your subscription
• Archive (30–90 days): Your phone number will be suspended, future appointments cancelled, and affected clients notified. You can reactivate your account, but will need to re-verify your phone number
• Permanent deletion (after 90 days): Personal data is anonymized or irreversibly deleted. Billing data is retained for 6 years as required by tax law
• At any time you can download a copy of all your data (Art. 20 GDPR) or request immediate deletion (Art. 17 GDPR) from your dashboard
• No refunds for unused periods
• Pending payment obligations remain in effect

12. Modifications to Terms

We reserve the right to modify these terms:

• Material changes will be notified 30 days in advance
• Changes will take effect on the indicated date
• Continued use constitutes acceptance of changes
• If you do not accept the changes, you must cancel your subscription

13. General Provisions

13.1 Applicable Law and Jurisdiction

These terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. The state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction for any disputes not subject to arbitration.

13.2 Arbitration and Dispute Resolution

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami, Florida, in English.

Exceptions to Arbitration: The following are not subject to arbitration: (a) claims that qualify for small claims court; (b) actions seeking injunctive or equitable relief to protect intellectual property rights or to prevent unauthorized use, access, or disclosure of confidential information; (c) claims for collection of undisputed fees.

Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.

13.3 Severability

If any provision is declared invalid, the others will remain in full force.

13.4 Entire Agreement

These terms, together with the Privacy Policy and any applicable annexes, constitute the entire agreement between the parties.

13.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment shall be null and void.

We may freely assign, transfer, or delegate these Terms, and any of our rights or obligations hereunder, without your prior consent, to any of the following:

• Any Affiliate, subsidiary, parent company, or entity within the same corporate group
• Any successor in interest as a result of a merger, acquisition, corporate reorganization, restructuring, asset sale, or similar transaction
• Any entity that acquires all or substantially all of our assets or business

In the event of an assignment by us, these Terms shall continue in full force and effect and shall be binding upon the assignee. The assignee shall assume the Provider's material obligations under these Terms and under the Data Processing Agreement, as well as the commitments of the Privacy Policy in effect on the effective date. We will notify you of any assignment that results in a change of the contracting entity by email notice or publication on our website with at least 30 days' prior notice. Your continued use of the Service after such notice shall constitute your acceptance of the assignment.

13.6 Force Majeure

We shall not be liable for breaches due to causes beyond our reasonable control.

13.7 Notices

We may provide notices to you by email (to the address associated with your account), in-product notifications, or by publication on our website. Notices will be deemed received on the date of sending or publication. You are responsible for keeping your contact information up to date.

13.8 Survival

Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, governing law and arbitration, and any obligations that by their nature should survive, will remain in effect after termination, expiration, or assignment of these Terms.

13.9 No Third-Party Beneficiaries

These Terms do not create any rights in favor of third parties who are not a party hereto. No third party may enforce or invoke their provisions.

14. Contact Information

For inquiries about these terms or legal matters: