Terms and Conditions of Use

This document sets out the Terms and Conditions of Use (hereinafter, "the Conditions") governing access to and use of the ResenasYa service, available at https://resenasya.com (hereinafter, "the Platform"), owned by Buy & Click, SL, duly incorporated under Spanish law, with tax ID (CIF) B-95612958, registered office at Avda. Ribera de Axpe 11, 2D - 202. 48950 Erandio (Bizkaia), registered in the Commercial Register of Biscay, Volume 5138, Sheet 19, Entry 1, Folio BI-56789, and contact email: info@resenasya.com.

The ResenasYa trademark is owned by Buy & Click, SL, registered at the Spanish Patent and Trademark Office under the name Buy & Click.

By registering and using the Platform, you fully accept these Conditions. If you do not agree with any of their terms, you must refrain from using the service.

ResenasYa is a SaaS (Software as a Service) platform that enables local businesses to automate the collection of reviews on Google Maps and other platforms by sending WhatsApp messages to their customers. The service includes:

• ›Sending personalised WhatsApp messages to customers via the Twilio API.

• ›Automatic sentiment analysis of customer responses using artificial intelligence (Claude AI by Anthropic).

• ›Automatic generation of follow-up messages by artificial intelligence, without prior human review before sending.

• ›Redirecting satisfied customers to the business's Google Maps profile or other review platforms.

• ›Management dashboard with customer satisfaction statistics and metrics.

• ›Personalisation of tone and customer communication messages.

• ›Optional incentive system (Pro plan) to encourage the publication of reviews.

• ›Google Business Profile management via OAuth connection (reading reviews, publishing replies on behalf of the business, AI-powered opinion analysis).

To use the Platform, you must complete the registration process by providing a valid email address and password. By registering, you warrant that:

• ›You are over 18 years of age or have sufficient legal capacity to enter into contracts.

• ›You are acting on your own behalf or have express authorisation to represent the company or organisation you are registering.

• ›The information provided is truthful, accurate and complete.

• ›You will keep your account information up to date.

You are responsible for maintaining the confidentiality of your access credentials. You must notify us immediately of any unauthorised use of your account.

The user undertakes to use the Platform in accordance with the law, morality, public order, these Conditions and the acceptable use policies of the integrated third-party services (Twilio, Anthropic, Supabase, Google Maps).

The following are expressly prohibited:

• ›Sending WhatsApp messages to people who have not consented to receive commercial communications from the business, in accordance with GDPR and applicable law.

• ›Using the Platform to send spam, fraudulent, misleading or unlawful content messages.

• ›Using the service for activities that infringe third-party rights, including intellectual property, privacy or data protection rights.

• ›Attempting to access data from other users or businesses registered on the Platform.

• ›Reverse engineering, decompiling or disassembling any component of the software.

• ›Overloading the Platform's systems through automated attacks or any other means.

• ›Reselling or sublicensing access to the service to third parties without express authorisation.

The Platform uses artificial intelligence technology (Claude AI by Anthropic) for two main functions: (i) analysing the sentiment of responses received from the user's end customers, and (ii) automatically generating follow-up messages sent to those customers via WhatsApp.

The user expressly acknowledges and accepts the following regarding the use of artificial intelligence on the Platform:

• ›AI-generated messages are not reviewed by Buy & Click, SL before sending. The process is entirely automatic. Buy & Click, SL does not supervise, validate or individually approve the content of any AI-generated message before it is sent to the end customer.

• ›Buy & Click, SL is not responsible for the content of AI-generated messages. Artificial intelligence may make errors, misinterpret context, or generate inaccurate, inappropriate or unexpected responses.

• ›AI may fail in sentiment classification. Sentiment analysis is a statistical estimate. The AI may incorrectly classify a positive response as negative or vice versa.

• ›The user assumes responsibility for the impact of AI-generated messages. If the user considers that automatic messages are not suitable for their business, sector or target audience, they should refrain from using this feature.

• ›The availability of the AI service depends on Anthropic. Buy & Click, SL does not guarantee the continuous availability of the analysis and AI service.

Use of the Platform involves communication with the user's end customers via WhatsApp. Buy & Click, SL has no control over the responses those customers may send or the reviews they may publish.

• ›Buy & Click, SL is not responsible for the content of end customer responses. Customers may respond with offensive, inappropriate, false, defamatory or other types of messages.

• ›Buy & Click, SL is not responsible for reviews published on third-party platforms. Once an end customer accesses Google Maps, Trustpilot, App Store, Google Play, Yelp or another platform, the content they publish is entirely outside Buy & Click, SL's control.

• ›Buy & Click, SL does not guarantee that customers will leave positive reviews. The Platform facilitates contact with customers but cannot guarantee the number, content or rating of reviews.

• ›The user is responsible for managing communications with their customers. If the user receives inappropriate, threatening or potentially unlawful responses, they must handle them directly with the customer.

The Platform facilitates links to review profiles on Google Maps, Trustpilot, App Store, Google Play, Yelp and other third-party platforms. Buy & Click, SL has no commercial relationship, affiliation or agreement with those platforms in the context of using ResenasYa.

• ›Buy & Click, SL is not responsible for decisions made by Google Maps, Trustpilot or any other review platform. This includes: removal of reviews, suspension or penalisation of business profiles, changes to ranking algorithms or modifications to usage policies.

• ›Buy & Click, SL is not responsible for technical issues on third-party platforms. Service outages, profile loading errors or review link problems are the exclusive responsibility of those platforms.

• ›The user is responsible for complying with the policies of each review platform. Selective review requests and the incentive system may be subject to each platform's content policies.

• ›IMPORTANT NOTICE ON INCENTIVES: Google's policies expressly prohibit offering incentives (discounts, gifts, financial compensation or any other form) in exchange for reviews. Use of ResenasYa's incentive system may violate those policies and could result in the removal of reviews or the suspension of the user's Google Business Profile. The user assumes full responsibility for using the incentive system and any consequences thereof. Buy & Click, SL shall not be liable for any penalty, review removal or profile suspension arising from such use.

The user shall hold Buy & Click, SL harmless from any claim, penalty or damage arising from actions by third-party review platforms as a result of the user's use of the Platform.

The Platform integrates third-party services for its operation. Use of these services is subject to their own terms and conditions:

• ›Twilio: provider of the WhatsApp messaging service. The user must comply with their acceptable use policies.

• ›Anthropic (Claude AI): provider of the sentiment analysis and AI message generation service.

• ›Supabase: provider of the database and authentication infrastructure.

• ›Stripe: provider of the payment processing and subscription management service. Card data is managed directly by Stripe.

• ›Vercel: provider of the application hosting and deployment infrastructure.

• ›Google Maps / Google Business Profile: third-party review platform.

• ›Google LLC (Google Business Profile API): review and business profile management service on Google.

Buy & Click, SL does not guarantee the continued availability of third-party services and will not be liable for interruptions, changes or cessation of those services.

All intellectual and industrial property rights in the Platform, including but not limited to: source code, design, logos, trademarks, texts, images and features, are the exclusive property of Buy & Click, SL or its licensors.

The user is granted a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform in accordance with these Conditions. This licence does not imply the transfer of any intellectual property rights.

The user retains ownership of their customers' data entered into the Platform, granting Buy & Click, SL only the licences necessary to provide the contracted service.

Buy & Click, SL will use its best efforts to keep the Platform continuously available, but does not guarantee 100% availability. The service may be temporarily interrupted due to:

• ›Scheduled or unscheduled maintenance tasks.

• ›Failures in integrated third-party services (Twilio, Anthropic, Supabase, Stripe, Vercel).

• ›Force majeure or fortuitous events.

• ›Interruptions to infrastructure services (servers, network, electricity).

Buy & Click, SL does not guarantee that the results obtained through use of the service will be specific or predictable. Results depend on factors beyond Buy & Click, SL's control.

To the maximum extent permitted by applicable law, Buy & Click, SL will not be liable for:

• ›Direct, indirect, incidental, special or consequential damages arising from the use or inability to use the service.

• ›Loss of profits, revenue, data or business reputation.

• ›The content of messages generated by artificial intelligence.

• ›The content of messages sent by the user's end customers via WhatsApp.

• ›Reviews published by customers on Google Maps, Trustpilot, App Store, Google Play, Yelp or other platforms.

• ›The actions, omissions or decisions of the user's end customers.

• ›Technical problems, policy changes, profile suspensions or any other action by third-party review platforms.

• ›The user's failure to comply with their legal data protection obligations.

• ›Penalties, sanctions or removal of reviews adopted by third-party platforms as a result of the user's use of the Platform.

The maximum liability of Buy & Click, SL to the user shall not exceed the total amount paid during the three (3) months prior to the event giving rise to the claim.

The user may optionally connect their Google Business Profile account to the Platform via OAuth authentication. By doing so, they expressly authorise ResenasYa to:

• ›Access the reviews on their Google Business Profile.

• ›Publish replies to reviews on behalf of the business.

• ›Analyse review patterns and content using artificial intelligence.

The user is solely responsible for the content of replies published through the Platform on Google Business Profile. ResenasYa acts solely as a technical intermediary and is not responsible for the content of those replies or any consequences arising from their publication.

The user may disconnect their Google account at any time from the Settings section of the Platform. Disconnecting will revoke ResenasYa's access to the user's Google Business Profile data.

Use of the Google Business Profile API is subject to Google's Terms of Service. Buy & Click, SL does not guarantee the continued availability of this feature, which depends on the availability of Google's API.

• ›Buy & Click, SL shall not be liable for the suspension, penalisation or removal of the user's Google Business Profile as a result of the use of AI-generated automated replies, the volume of replies published or any other action carried out through the Platform.

Buy & Click, SL reserves the right to suspend or cancel a user's account, with or without prior notice, in the following circumstances:

• ›Breach of these Conditions or the acceptable use policies of integrated third-party services.

• ›Non-payment of subscription fees.

• ›Fraudulent, abusive or unlawful use of the service.

• ›Request by a competent authority.

Following account cancellation, Buy & Click, SL may permanently delete all associated data once the retention period established in the Privacy Policy has elapsed.

In the context of providing the service, Buy & Click, SL acts as a data processor on behalf of the user (business), who acts as the data controller, with respect to the personal data of end customers entered into the Platform.

Pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR), Buy & Click, SL undertakes to:

• ›Process end customers' personal data only in accordance with the documented instructions of the data controller.

• ›Ensure that persons authorised to process personal data have committed to respecting confidentiality.

• ›Implement all appropriate technical and organisational security measures in accordance with Article 32 GDPR.

• ›Not engage another processor without prior authorisation from the controller, except for the sub-processors necessary to provide the service (Twilio, Anthropic, Supabase, Vercel, Stripe).

• ›Assist the data controller in responding to requests to exercise data subjects' rights.

• ›Delete or return all personal data to the data controller upon completion of the service.

• ›Make available to the data controller all information necessary to demonstrate compliance with the obligations of Article 28 GDPR.

The user, as data controller, warrants that they have a sufficient legal basis to process their customers' data and to commission such processing to Buy & Click, SL.

Buy & Click, SL reserves the right to modify these Conditions at any time. Modifications will be communicated to the user by email or notice on the Platform at least 15 days before they take effect. Continued use of the service after the changes take effect implies acceptance of the new Conditions.

These Conditions are governed by Spanish law. For the resolution of any dispute arising from the interpretation or fulfilment of these Conditions, the parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Spain.

For complaints from consumers in the European Union, the EU online dispute resolution platform is also available.

Nature of the service: ResenasYa operates exclusively on a monthly paid subscription basis. There is no free trial period unless expressly indicated on the pricing page.

Automatic renewal:

• ›The subscription renews automatically each month on the same date it was originally contracted.
• ›The amount will be automatically charged to the registered payment method.
• ›This process will repeat indefinitely until the user expressly cancels their subscription.
• ›The user will receive an invoice by email after each successful charge.

How to cancel your subscription:

The user can cancel their subscription at any time by following these steps:

1. Access your account panel at Billing.Billing.
2. Click the "Manage subscription" button.
3. In the Stripe portal, select "Cancel plan" and confirm the cancellation.

You can also contact us at info@resenasya.com

Effects of cancellation:

• ›Cancellation must be made before the end of the current billing period to avoid automatic charge.
• ›Once cancelled, the subscription will not renew on the next billing date.
• ›The user will retain access to the service until the end of the already paid billing period.
• ›No refunds will be made for billing periods already charged, unless required by applicable law.

Plan changes:

• ›The user can change plan at any time from the Billing section.
• ›Plan changes will take effect in the next billing period.

Price changes:

• ›Buy & Click, SL reserves the right to modify prices with a minimum of 30 days' notice by email.
• ›If the user does not agree with the new price, they may cancel their subscription before the change takes effect.
• ›Continued use of the service after the new price takes effect implies acceptance thereof.

Non-payment:

• ›If the automatic charge cannot be made, Buy & Click, SL will retry collection during a set period.
• ›If non-payment persists, Buy & Click, SL reserves the right to suspend or cancel access to the service.

For any queries related to these Conditions, you can contact us at: info@resenasya.com or via our contact form.