Terms and conditions

Last updated: 2026-10-15.

These Terms and Conditions ("Terms") are a contract between you and Business Creatives LLC, a Delaware limited liability company doing business as ISMIRO at www.ismiro.com ("we", "us", or "the Platform"), and govern your use of every product and service we offer under this platform: the Cloud Quoter and the Sales Agent, and the Offline Quoter for whoever bought it before September 23, 2026 (together, the "Service"). Read them carefully together with our Privacy Policy, our Refund Policy, and our Cookie Policy, which are incorporated by reference into this agreement.

1. Definitions

"We", "us", or "the Platform" means Business Creatives LLC, doing business as ISMIRO. "You" or "the Customer" is the individual or business that creates an Account or makes a purchase. "Service" means any of the products we offer today or in the future through this platform: the Offline Quoter (a downloadable, one-time-purchase tool that is no longer sold; see the note in Section 4), the Cloud Quoter (a subscription-based tool we host), and the Sales Agent (an AI chat sales agent, by subscription). "Account" is the registration you create to access the Service. "Customer Content" is the information you upload to the Service: your business name and logo, brand palette, product or item catalog, prices, quotes, your own customers' data, and, if you purchase the Sales Agent, the conversations it handles on your behalf. "Seller" means each team member you invite to the Cloud Quoter with a role other than account owner. "Affiliate" means any entity that controls, is controlled by, or is under common control with a party to this agreement. "Third-Party Providers" means the external services the Service depends on, described in Section 12.

2. Acceptance and eligibility

By creating an Account, checking the acceptance box at signup or checkout, or making a purchase, you agree to be bound by these Terms and the policies linked from here. If you do not agree, you must not use the Service. You must be at least 18 years old and have legal capacity to contract in your jurisdiction, and act on behalf of a real business: the Service is designed for commercial, business-to-business use, not personal, family, or household use. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you"/"Customer" then refers to that entity.

3. Accounts and account holder responsibility

To use the Service you create an account with an email and password. You are responsible for keeping your credentials confidential and for all activity under your account, including that of any Sellers you invite to your team in the Cloud Quoter. You must give us accurate, complete, and current information when you register, and notify us immediately at soporte@ismiro.com if you suspect unauthorized access to your account. You can close all your active sessions and change your password at any time from your security panel. We are not liable for losses resulting from your failure to protect your credentials, unless the loss is due to a security failure on our end.

3.1 One account per business

Each Account corresponds to a single business (internally identified by a company identifier). One company's data is never visible or accessible to another: every data access goes through checks that verify which company the request belongs to. Attempting to bypass that isolation (for example, by manipulating parameters to read another company's data) is a serious violation of these Terms and may lead to immediate termination under Section 21.

3.2 Team and roles

The Cloud Quoter supports two roles: account owner and seller. The owner can invite, remove, and manage sellers, and is responsible for the conduct of the whole team they invite. Available seller seats depend on the plan purchased. You can revoke a seller's access at any time from your team panel.

4. What the Services are

On September 23, 2026 we stopped selling the Offline Quoter (a downloadable, one-time-purchase tool): today the Quoter is sold only by subscription (Cloud Quoter). What these documents say about the Offline Quoter applies only to whoever bought it before that date.

Offline Quoter: a self-contained HTML file you download and use on your own devices, with no connection back to our servers after download. You control where you host it and how you distribute it to your team. It does not collect or transmit any data to us once downloaded.

Cloud Quoter: the same quoting tool, but hosted by us. Your quotes, your sales team, and the public quote link (/q/:token) live on our infrastructure while your subscription is active. It includes additional functionality depending on your plan: team seats, full company export from your dashboard, and quote sync (photos you attach to a quote are not synced to the cloud: they only travel inside the PDF you generate).

Sales Agent: an AI chat agent that answers your customers on behalf of your business over the Meta messaging channels your plan includes (Messenger or Instagram: one of your choice, or both, depending on the plan you buy). WhatsApp is not available yet: when it is, we'll announce it and you'll be able to add it. After purchase you set up your agent from your dashboard with your business details (catalog, prices and how it should answer) and try it in a demo chat; once you finish and give us access to your page, we get it live on your accounts within 5 business days. We connect a limited number of businesses each week: if this week is full, we offer you a spot in the next one before charging you. Adjustments you cannot make from your dashboard are requested through support (Section 37). The Sales Agent comes in one of three plans (Lead Capture Agent, Seller Agent and Commercial Agent), each in 1 channel or multichannel. Some features depend on the plan: quoting with your prices, booking appointments in the agent's own calendar, or sending payment links from your own Stripe account, which you connect and manage. Each plan states a monthly conversation quota, with the scope described in Section 9. The prices and plans in force when you buy (monthly fee plus a one-time setup fee) are the ones shown at checkout and may be adjusted going forward under Section 9, without affecting what you already purchased except with prior notice.

4.1 None of this is professional advice

The Quoter (Offline or Cloud) is a calculation and presentation tool: the prices, margins, and items you load are your responsibility, and we do not verify their accuracy. The Sales Agent responds based on the configuration and information you and we give it: it can make mistakes, especially in gray areas or cases not anticipated in its configuration. Neither Service replaces professional legal, accounting, tax, or business advice; you are responsible for reviewing what the Service produces before using it with your own customers.

5. License to use, by product

Offline Quoter (one-time purchase): buying it grants you a perpetual, non-exclusive, non-transferable, limited license to use the downloadable file for your own business, identified by a license key (format LIC-XXXX-XXXX-XXXX) tied to your account. It does not include automatic updates beyond what we publish as part of the version delivered to you; we keep a record of which version you're on and your downloads so we can support you.

5.1 Technical license validation for the Offline Quoter

The Offline Quoter file includes your license key and, every time you open it with an internet connection, checks an endpoint of ours to confirm your access is still active. That check never sends the content of your quotes or your own customers' data: only the license key travels, per Section 33 of our Privacy Policy. If your license was revoked (for example, by an approved refund under our Refund Policy, or a confirmed chargeback under Section 21), the file stops working the next time you open it with a connection: instead of the quoter, you'll see a notice that access to that license was cancelled. If you open the file offline, it keeps working with the last status it was able to confirm.

This validation only happens within the first 180 days of your purchase. After that period, the file stops checking your license status altogether and may keep working indefinitely, even if your access were revoked after that date: the technical blocking mechanism has that time limit, but that doesn't change your obligations under Section 5: using the file after losing your right to use it under these Terms remains unauthorized, even though the file can no longer enforce that on its own.

Cloud Quoter (subscription): while your subscription is active and in good standing, we grant you a license to access the cloud service for your business, including your plan's team seats and features. If you cancel or your payment lapses past the usual grace period, access is suspended; your data is retained per our privacy policy in case you decide to reactivate.

Sales Agent (subscription): you are not handed a software license to install; you receive an ongoing service while your subscription is active and in good standing. The setup fee covers the initial onboarding work for your business (reviewing the configuration you built, connecting the agent to your messaging accounts and getting it running), is charged once at signup, is fully refundable until the agent is live, and becomes non-refundable once it goes live, under Section 10.

In all three cases, the license or service is for use in your own business: you may not resell, redistribute, rent, sublicense, or make the product available to third parties as if it were your own, nor use the Offline Quoter (including its source code, if you inspect it) as the basis for a competing product. You may not remove ownership notices from the downloadable file.

6. Customer Content

You retain ownership of all Customer Content: your business name and logo, palette, catalog, prices, quotes, and your own customers' data. By using the Service you grant us a limited, non-exclusive, worldwide, revocable license to store, process, reproduce, and display that content solely to provide the Service to you (for example, including your logo on the quotes you generate, or notifying your seller when a customer accepts a quote). This license ends when you delete the relevant content or close your account, except for copies in backups deleted per our usual rotation cycle and anything we must retain by legal obligation.

You are responsible for having the rights needed over what you upload (logos, text, prices, your customers' data) and for it not infringing third-party rights or applicable law, including data protection laws in your jurisdiction regarding your own customers' data you load into the Service. We do not actively review Customer Content before it is processed, except for product reviews (which we do moderate before publishing, see Section 8).

7. Acceptable use and prohibited conduct

You may not: (a) use the Service for illegal, fraudulent, or deceptive activity toward your own customers; (b) attempt to access data or accounts belonging to a company other than your own, or bypass the isolation between companies described in Section 3.1; (c) reverse-engineer, decompile, disassemble, or attempt to extract the Service's source code beyond what the law expressly allows; (d) overload, scan, scrape, or interfere with the Service's infrastructure, including automating access outside the interfaces we provide; (e) use the Cloud Quoter or the Sales Agent to send spam, content that infringes third-party rights, malware, or messages that violate the underlying messaging platform's policies (for example, WhatsApp Business Platform's commercial policies); (f) use the Sales Agent to contact people who have not consented to being reached through that channel, or for purposes other than your business's legitimate commercial purposes; (g) use the Service to collect personally identifiable information about third parties without a legal basis to do so; (h) attempt to gain unauthorized access to any part of the Service, other accounts, or systems or networks connected to the Service; (i) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (j) transmit viruses, worms, time bombs, or other harmful code; (k) use the Service in a way that violates export control or sanctions laws described in Section 17; (l) resell access to the Service as if it were your own service, unless an explicit commercial agreement with us authorizes it. We may investigate violations of this section and cooperate with authorities where appropriate; a serious violation may result in immediate suspension or termination under Section 21.

8. Reviews and public content

If you leave a product review, it is stored with your company name and, after moderation, published visibly next to the product. We reserve the right to reject or remove reviews that are false, defamatory, spam, or that violate these Terms, without an obligation to justify each individual decision. By publishing a review, you grant us a non-exclusive, worldwide, royalty-free license to display it on the site and in marketing materials, attributed to your company name.

9. Payments, renewals, and price changes

Payments are processed through our payment processor, a certified payment processing provider (identified by name in Section 25 of our Privacy Policy); we never see or store your full card number. Prices are shown in US dollars (USD); any other currency you see next to the price is an informational reference only, calculated with an approximate exchange rate: the actual charge is always in USD, as confirmed by our payment processor. You are responsible for any tax applicable to your purchase under your jurisdiction, unless we expressly charge it at checkout.

Subscriptions (Cloud Quoter, Sales Agent) renew automatically every month, at the end of each period, until you cancel. By confirming the purchase of a subscription you authorize us to charge the price of your plan every month to the payment method you used and, for the Sales Agent, the one-time setup fee on the first charge. You can cancel your subscription or change your payment method at any time, on a self-service basis, from the billing portal in your dashboard (/app/facturacion, securely hosted by our payment processor), and keep access until the end of the period you already paid for (see our refund policy for what happens to amounts already charged). If a charge fails, we may retry it and suspend access after a grace period if it isn't resolved; we'll notify you by email before suspending when reasonably possible.

Usage charges. We do not charge usage fees today: the Sales Agent's monthly fee includes the AI processing and there is no charge per extra conversation. Each plan's conversation quota is a published limit for sizing it: if you go over it two months in a row, we'll let you know and suggest the next plan, and the change only applies if you accept it. We never charge you anything without telling you first. If we ever offer usage charges, they will only apply with your prior authorization and with the notice described in this section. Once WhatsApp is available, Meta's charges for official WhatsApp Business API messages will be paid by your business directly to Meta, at Meta's rates: we do not collect them and they are not included in your monthly fee.

We may change catalog prices going forward, with at least 30 days' notice posted on the site or sent by email before the change affects you. A catalog price change never retroactively changes what you already paid; for active subscriptions, the new price applies starting with your next renewal period, and you can cancel before that date if you disagree.

10. 7-day guarantee

Every product in our catalog is covered by our 7-day refund guarantee, with the scope and conditions detailed in the refund policy. For the Quoter the 7 days start at purchase. For the Sales Agent: if we don't get your agent connected, you get a full refund, setup fee included; and from the day it goes live you have 7 days to try it and ask for a refund of the monthly fee. The setup fee becomes non-refundable once the agent is live, because by then the onboarding work is done (Section 6 of that policy).

11. Beta features and new products

From time to time we may offer you early access to features, products, or integrations marked "beta", "preview", or similar. These features are provided "as is", may change or be discontinued without notice, may contain bugs, and are not covered by any availability commitment or by the guarantee in Section 10 unless we expressly say otherwise when offering them. We may ask you to keep beta features confidential before their public launch; if so, treat them as our confidential information under Section 13.

12. Third-party services

The Service depends on external providers we do not control: our payment processor, our cloud infrastructure provider (compute, database, and backups), our transactional email delivery provider, and, for the Sales Agent, Meta's messaging platforms (Messenger and Instagram today, and WhatsApp Business Platform once available) and AI model providers. Each provider's real name and the country where it processes data live in the service providers table in Section 25 of our Privacy Policy. Once WhatsApp is available, Meta's charges for the WhatsApp Business API will be borne by your business, under Section 9. The availability, terms, acceptable-use policies, and costs of those providers can change at their discretion and outside our control; if that happens in a way that affects the Service or its cost, we'll notify you and, if applicable, adjust pricing going forward under Section 9. We are not liable for outages, policy changes, or failures that originate solely in a third party's infrastructure. We make no warranties regarding Third-Party Providers or your contractual relationship with them where that relationship is direct (for example, WhatsApp Business Platform's policies regarding your business number).

13. Confidentiality

During use of the Service, each party may have access to the other's non-public information ("Confidential Information"): on your side, your non-public Customer Content; on ours, non-public aspects of our technology, unpublished pricing, or beta features. Each party agrees to use the other's Confidential Information only as necessary to perform this agreement, and to protect it with the same reasonable care it uses for its own confidential information (never less than reasonable care). This obligation does not apply to information that was already public, that the receiving party already knew without a confidentiality obligation, or that must be disclosed by law (with advance notice to the other party when legally possible).

14. Feedback

If you give us suggestions, ideas, or feedback about the Service ("Feedback"), we are not obligated to keep them confidential or to compensate you for them, and we may use and implement them freely without restriction or obligation to you, even if marked confidential when submitted. This section does not obligate you to provide Feedback.

15. Intellectual property

The Service, its source and object code, design, interface, brand, documentation, and the quoter template (beyond the Customer Content you insert into it) are the property of Business Creatives LLC or its licensors, and are protected by intellectual property laws. Nothing in these Terms transfers any intellectual property rights in the Service to you beyond the license described in Section 5. All rights not expressly granted are reserved.

15.1 Trademarks

Our names, logos, and trademarks may not be used without our prior written consent, except for reasonable, descriptive use to reference that you use the Service (for example, "quote generated with ISMIRO").

15.2 Copyright infringement notice (DMCA-style)

We respect the intellectual property rights of others and expect you to do the same. If you believe in good faith that content hosted through the Service (for example, on a public quote link or in a review) infringes your copyright, email us at soporte@ismiro.com with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement that you believe in good faith that the use is unauthorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder; and (f) your physical or electronic signature. We will evaluate the notice and may remove or disable access to the reported material. Repeat infringers may have their account suspended or terminated.

16. Service availability

We work to keep the Service available, but we do not guarantee a specific uptime or that it will be free of interruptions, errors, or scheduled maintenance. We may perform maintenance, backups, or updates that cause temporary unavailability, aiming to give notice in advance when foreseeable. We do not promise a specific service level agreement (SLA) unless we agree to one with you in writing.

17. Legal compliance, export control, and sanctions

You represent that you are not located in, a resident of, or acting on behalf of a country or territory subject to a comprehensive U.S. embargo, and that you do not appear on any U.S. restricted or sanctioned party list (including the Specially Designated Nationals list maintained by the U.S. Treasury's Office of Foreign Assets Control) or the equivalent list under applicable law. You may not use the Service if doing so would violate applicable export control or economic sanctions laws. We reserve the right to suspend or terminate access if we reasonably detect a violation of this section.

18. Warranties and their disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THE RESULTS OF USING IT WILL BE ACCURATE OR RELIABLE, NOR THAT CONTENT GENERATED BY THE SALES AGENT WILL ALWAYS BE CORRECT. WE RECOMMEND HUMAN REVIEW OF SENSITIVE INTERACTIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

19. Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OR INABILITY TO USE THE SERVICE, INCLUDING LOSS OF SALES, PROFITS, DATA, GOODWILL, OR REPUTATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; (C) IF YOU PAID NOTHING FOR THE SERVICE IN THAT PERIOD, OUR AGGREGATE LIABILITY IS LIMITED TO USD 100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in those cases, these exclusions or limitations apply to the maximum extent permitted by applicable law. Nothing in this section limits liability that cannot be limited by law (for example, for willful misconduct or gross negligence, as determined by applicable law).

20. Indemnification

You agree to defend, indemnify, and hold us, and our officers, employees, and providers, harmless from claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Service; (c) the Customer Content you upload; (d) your failure to comply with third-party policies applicable to your use of the Sales Agent (for example, WhatsApp's contact-consent rules); or (e) your violation of any law or third-party right. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate reasonably with our defense.

21. Termination and suspension

You may stop using the Service and cancel your account at any time from your dashboard or by emailing soporte@ismiro.com. We may suspend or cancel your access, with or without prior notice depending on severity, if: you breach these Terms, payment remains unpaid past the usual grace period, we detect fraudulent or abusive use, a payment dispute (chargeback) is opened against a payment of yours, or we reasonably believe your use poses a legal or security risk to us or others. In the case of a payment dispute, suspension is automatic while it is resolved and covers only the disputed product, except for a second dispute or a dispute that turns out to be unfounded or fraudulent, in which case we may suspend the entire account (Section 9 of the refund policy).

21.1 Effect of termination

Upon termination of your account for any reason, your right to use the Service ceases immediately. You are not entitled to a refund upon termination except as expressly stated in our refund policy. We retain your data per our privacy policy.

21.2 Survival

Sections 6 (as to licenses already granted over retained content), 7, 13, 14, 15, 17, 18, 19, 20, 22, 24, 25, 26, 27, and 28, together with any other provision that by its nature should survive, remain in effect after termination of these Terms for any reason.

22. Dispute resolution and governing law

Before starting a formal proceeding, both parties will try to resolve any dispute in good faith by contacting soporte@ismiro.com, with at least a 30-day informal negotiation period before escalating.

22.1 Binding individual arbitration

If informal negotiation does not resolve it, any dispute arising from these Terms or the Service will be resolved through binding, confidential, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the proceeding starts, in Spanish or English at your preference, and by videoconference unless the AAA rules require another format. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause does not prevent you from bringing an individual claim in small claims court if the claim qualifies, nor does it prevent either party from seeking urgent injunctive relief in a competent court for misuse of intellectual property or unauthorized access to the Service.

CLASS ACTION WAIVER: ALL DISPUTES ARE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL PARTICIPATE IN CLASS ACTIONS, CLASS-WIDE OR CONSOLIDATED ARBITRATIONS, OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY. If this waiver is found invalid or unenforceable as to a particular dispute, that dispute (and only that one) will be resolved in the courts located in the State of Delaware, United States.

22.2 Your right to opt out of arbitration

You may reject this arbitration clause without any penalty by sending a notice to soporte@ismiro.com within 30 days of creating your account or your first purchase (whichever happens first), stating your name and your account email. In that case, disputes will be submitted to the competent courts located in the State of Delaware, United States, which both parties accept as the exclusive forum.

22.3 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

23. Notices and electronic communications

You agree to receive communications from us electronically: email to your account address, or notices posted on the Service. These communications satisfy any legal requirement that a communication be "in writing". Formal legal notices to us must be sent to soporte@ismiro.com; notices to you are sent to the email address registered on your account and are deemed received when sent.

24. Force majeure

No delay or failure caused by circumstances outside our reasonable control (including, without limitation, natural disasters, war, acts of terrorism, civil unrest, pandemics, government action, power or internet outages, denial-of-service attacks, and failures of our infrastructure and third-party service providers) will be considered a breach of these Terms, provided the affected party notifies the other and makes reasonable efforts to mitigate the impact.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent; any attempted assignment in violation of this section is void. We may freely assign our rights and obligations in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, notifying you when reasonably possible.

26. Severability and waiver

If any clause of these Terms is found invalid, illegal, or unenforceable, that clause will be limited or eliminated to the minimum extent necessary, and the rest of the Terms remains in full effect. Our failure to immediately enforce a right or provision of these Terms does not waive that right; any waiver must be in writing to be valid.

27. Relationship of the parties

These Terms do not create a partnership, joint venture, employment, agency, or franchise relationship between you and us. Each party acts as an independent contractor of the other.

28. No discrimination for exercising rights

If you exercise any right these Terms or applicable law grants you (for example, requesting a refund within the guarantee, or exercising a privacy right under our privacy policy), we will not give you worse service, a different price, or lower quality because of it.

29. Customer representations and warranties

By accepting these Terms, you represent and warrant that: (a) you have legal capacity and, if acting on behalf of a company, sufficient authority to bind it; (b) all information you give us at signup and during use of the Service is truthful, complete, and kept current; (c) the Customer Content you upload does not infringe intellectual property, privacy, or any other third-party right, and you have the necessary authorizations from your own customers where applicable (for example, for their contact data to be processed by the Sales Agent); (d) your use of the Service complies with all laws applicable to your business, including consumer protection, advertising, competition, and data protection laws in your jurisdiction; and (e) you are not using the Service to compete with us or to build, through reverse engineering or other means, a substantially similar product. These representations are deemed repeated each time you use the Service.

30. Artificial intelligence and its limits

The Sales Agent uses third-party artificial intelligence models to generate responses in conversations with your customers. The agent introduces itself as an AI virtual assistant in the greeting of every new conversation and confirms it whenever asked; it never claims or implies it is a person, and it offers to have someone from your team help if the customer prefers. This disclosure is always on and cannot be turned off, because it is required by, among others, the European Union AI Act, U.S. state laws such as California's and Maine's, Peru's AI regulation, and Messenger and Instagram policies. As with any generative AI system, responses may contain errors, inaccuracies, or unexpected interpretations of what was asked (sometimes called "hallucinations") especially for ambiguous questions, topics outside its configured scope, or languages or contexts not anticipated. We do not guarantee that Sales Agent responses will always be accurate, complete, or appropriate for every situation. You are responsible for: (a) reviewing and adjusting, together with us, the agent's initial configuration for your business; (b) reasonably supervising relevant conversations, especially ones involving significant amounts, complaints, or sensitive information; and (c) not relying exclusively and automatically on a Sales Agent response for critical business decisions without human verification. We do not train third-party models on your Customer Content without your explicit consent, beyond the processing necessary to generate each individual response in real time. If an underlying AI model changes its terms of use, availability, or behavior at its provider's discretion, we'll adjust the Sales Agent to the extent reasonable and notify you if the change is significant.

31. Open-source components and third-party licenses

The Service may incorporate open-source or third-party libraries, modules, or components, each subject to its own license. Use of those components within the Service does not grant you additional rights over them beyond what you already have under these Terms, nor does it mean we waive our own intellectual property rights in the Service as a whole. If you want details of third-party components used in a specific product, you may request them at soporte@ismiro.com.

32. Billing, receipts, and taxes

We issue a receipt for every charge, available from your dashboard or sent by email through our payment processor. It is your responsibility to verify that the billing information you enter (name, address, tax ID if applicable) is correct before confirming a purchase; we cannot always correct an already-issued receipt containing data you entered incorrectly. If your jurisdiction requires us to add sales tax, VAT, or a similar levy to the catalog price, that tax is calculated and shown separately at checkout before you confirm payment; if we do not show it, the USD price is the final price unless your jurisdiction's law requires otherwise, in which case you are responsible for declaring and paying the applicable tax yourself.

33. Marketing communications and your preferences

Beyond essential transactional communications about your account (purchase confirmations, security notices, price changes, changes to these Terms), we may send you marketing communications about new features, products, or content that may interest you. You can unsubscribe from marketing communications at any time using the link in each email, without it affecting your access to the Service or your receipt of essential transactional communications, which you cannot turn off while you have an active account.

34. U.S. Government end users

If you are a U.S. Government agency or contracting on its behalf, the Service is provided as "commercial computer software" and "commercial computer software documentation" under the applicable federal acquisition regulations, and any use, duplication, or disclosure by the U.S. Government is subject solely to the terms of this agreement.

35. Appealing a suspension and exporting your data before closing

If you believe we suspended or cancelled your account by mistake, you can appeal by emailing soporte@ismiro.com explaining why; we'll review the case in good faith, though we do not guarantee reversing every decision. Before an account cancelled for non-payment or by your own decision is permanently deleted per the retention cycle in our privacy policy, you can export your complete information from your dashboard while access remains active; we recommend doing so before cancelling if keeping your own backup of your data matters to you.

36. Order of precedence between documents

If there is a direct conflict between a clause in these Terms and a clause in a linked policy (Privacy, Refunds, Cookies), the specific policy governing that subject controls (for example, the refund policy controls over any general mention of refunds in these Terms), and these Terms control everything else. If you also have a separately signed commercial agreement with us for the Sales Agent or another product, that agreement controls over these Terms only where it expressly conflicts.

37. Support and contact channels

Support for the products is provided by email at soporte@ismiro.com, through the site's contact form, and through the site's support assistant: an artificial intelligence robot that appears on the site's pages and in your dashboard (not at checkout) and answers questions about usage and about your account. The assistant can make mistakes: if you need a person, email us or use the form. What you type in that chat is handled as described in Sections 8 and 25 of our privacy policy. Support covers usage questions, technical issues, and help with your account; for the Sales Agent it is also the channel to request configuration adjustments you cannot make yourself from your dashboard. By email and through the form we aim to reply within 24 business hours. That is a goal, not a service-level commitment, unless we agree to one with you in writing.

38. Information security

We apply reasonable technical measures to protect the Service and your data: your password is never stored in plain text (it is processed with a key-derivation function); your logged-in session is identified by a random, opaque token the page's JavaScript cannot read, with a hard ceiling on how long it can remain valid; your account and any other company's account are isolated from each other at the data-access level; and we run periodic backups of the database to separate storage. You can revoke all your active sessions and change your password at any time from your security panel. We do not claim to hold third-party security certifications (for example, SOC 2 or ISO 27001) unless we expressly state so in the future; payment processing is handled by a provider certified for that purpose, but that does not mean the rest of the Service is certified to the same standard. No system is completely foolproof: if we detect a security incident affecting your data, we will notify you as required by applicable law and per the procedure described in our privacy policy.

39. Public quote links

The Cloud Quoter generates public quote links (/q/:token) you can share with your own customers so they can accept or decline a quote. You are responsible for who you share that link with and for the information visible through it; the link does not require the recipient to have an account on the Platform. If a link is shared by mistake or without authorization, you can generate a new one from your dashboard; the previous one stops being valid.

40. Data processing addendum

When we process Customer Content that includes personal data about your own customers, we do so as your processor, following your documented instructions in these Terms and in the Service's configuration. If you use the Sales Agent or the Cloud Quoter, you also accept the Data Processing Agreement, which is part of these Terms and sets out the instructions, security, subprocessors, incident notice and deletion. If your company also needs a separately signed copy, email us at soporte@ismiro.com.

41. Foreign currency and exchange-rate risk

Even though the site may show you a reference price in your local currency calculated with an approximate exchange rate, the actual charge processed by our payment processor is always in US dollars (USD). Any difference between the reference amount you saw and the amount your bank or card ultimately charges you in your local currency (due to exchange-rate fluctuation between the time of purchase and settlement, or your own bank's conversion fees) is not our responsibility and is not grounds for a refund under Section 10, unless the discrepancy originated from a duplicate or incorrect charge on our end.

42. Business continuity and data backup

We maintain a periodic full backup of the database to storage separate from what serves the Service in production, with rotation of older backups, as part of our reasonable business continuity practices. This does not replace your own responsibility to keep copies of what matters to you: we recommend using the export feature in your dashboard as often as you consider appropriate for your business, especially before cancelling your account or making a significant plan change.

43. Non-waivable consumer protection rights

Nothing in these Terms is intended to waive or limit rights that your jurisdiction's consumer protection law grants you on a non-waivable basis, to the extent that law applies to you despite the Service being designed for business-to-business commercial use. If any limitation of liability, warranty disclaimer, or dispute resolution clause in these Terms were unenforceable against you for that reason, it will apply to the maximum extent the law does allow, without affecting the validity of the rest of the agreement.

44. Fair use and capacity in the Cloud Quoter

Each Cloud Quoter plan includes a seat quota and a quota of new quotes per month, published on the pricing page (today, 100 per month on Cloud Basic and 1,000 per month on Cloud Pro). Once you reach the monthly quota, the Service stops saving new quotes to the cloud until the next month or until you change plans; the quotes you already have can still be viewed and edited. Beyond those quotas, we reserve the right to reasonably limit, queue, or restrict usage that (by its volume, pattern, or nature) consumes infrastructure resources disproportionately relative to normal commercial use for a business of your size, or that negatively affects the Service's performance for other businesses sharing it. If your business has unusually high volume needs, email us at soporte@ismiro.com to discuss a custom plan or agreement before your usage runs into this clause.

45. Technical compatibility

The Cloud Quoter and the admin dashboard work on modern browsers with active vendor support (recent versions of Chrome, Firefox, Safari, and Edge); we do not guarantee compatibility with discontinued or very outdated browsers. The Offline Quoter, being a self-contained HTML file, depends on the capabilities of the browser where you open it: features like PDF generation require JavaScript enabled. We are not liable for failures originating solely in a browser, operating system, or device that does not meet these reasonable requirements.

46. Your copy of the Offline Quoter

Once you download the Offline Quoter file, you are the one hosting it and responsible for keeping it safe: if you lose it (for example, due to a failure of your own equipment or storage), you can re-download it from your account while your license remains active and has not been revoked (see Section 5.1 on how the file itself checks that status), but we do not keep a copy of manual customizations you made to the file outside the brand editor we provide: keeping those manual customizations, if you make them, is your responsibility.

47. Comparisons and competitive use

You may not use the Service, or your access to it, to gather information for building or improving a competing product, nor to publish performance, price, or feature comparisons using data obtained through use of the Service other than the ordinary commercial use it is intended for, without our prior written consent.

48. Change of corporate control

If our company goes through a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, these Terms and your contractual relationship with us may transfer to the resulting entity as part of that transaction, per Section 25 (Assignment). We'll notify you of the change when reasonably possible; your data and Customer Content remain protected under our privacy policy in effect at the time of the transfer, unless you accept an update per Section 56 of that policy.

49. Fraud prevention

We may use automated processes and reasonable manual review to detect and prevent fraud, abuse, or activity that violates these Terms (for example, suspicious signup patterns, use of stolen cards, or attempts to bypass the isolation between companies). This may include temporarily holding a transaction, requesting additional verification, or preemptively suspending an account while we investigate, per Section 21.

50. Aggregated and anonymous data

Beyond providing you the Service, we may generate and use aggregated or anonymized data derived from usage of the Platform as a whole (for example, how many quotes are generated on average, which brand palettes are chosen most often, or how often a quote is accepted through the public link) to understand the product, improve the Service, and, if we choose to, communicate general trends (for example, in marketing materials). This aggregated data does not identify your company or your customers individually and is not "Customer Content" for purposes of Section 6.

51. Future integrations and interoperability

If we add integrations with third-party tools (for example, invoicing systems, CRMs, or additional messaging platforms), using each one may be subject to the involved third party's additional terms and, if applicable, your specific consent before activating it. Activating an integration means you authorize the exchange of the data strictly necessary for that integration to work; you can turn it off at any time, without affecting the rest of the Service.

52. Audit trail and internal administrative access

Our own team's access to customer data through internal administrative tools is logged in an audit trail, as an internal control to detect improper access. That administrative access is used only to provide support, investigate abuse, meet legal obligations, or maintain the Service: never for commercial purposes unrelated to our contractual relationship with you.

53. Billing disputes and corrections

If you believe you were charged an incorrect amount for a reason not covered by our refund policy (for example, a duplicate charge from a technical error), email us at soporte@ismiro.com within 60 days of the charge, stating your order number and the reason. We'll investigate in good faith and, if warranted, correct the charge or refund the difference. After that period, you can still write to us, but it may be harder to verify and correct the charge based on information available at that time.

54. Scheduled maintenance and incident notices

When we plan maintenance that may cause noticeable downtime, we attempt to give reasonable advance notice by email or a visible notice on the site. For unplanned incidents, we first prioritize resolving the problem and, when the impact is significant, communicate what happened to those affected once we have reliable information to share. We do not currently operate a public status page separate from the main site.

55. Rules of interpretation

Section headings in these Terms are for reference only and do not affect their interpretation. The words "includes" or "including" are illustrative, not exhaustive ("including without limitation"). The singular includes the plural and vice versa, as context requires. These Terms were negotiated and drafted with input contemplated from both parties, in the sense that they will not be construed against whoever drafted them for that reason alone.

56. Material reduction of features

If we remove a core feature of a plan you've already purchased in a way that materially reduces its value to you (for example, removing a capability that was a central reason you chose that plan), we'll notify you with reasonable advance notice before the change takes effect. If you disagree with the change, you can cancel your subscription before it applies under Section 9, with no penalty beyond what you've already used. This does not apply to minor interface changes, improvements, or adjustments we make to comply with the law or protect the Service's security, which we may apply immediately under Section 16.

57. Discontinuing a product

If we ever decide to fully discontinue one of the products (for example, if we stopped offering the Sales Agent), we'll give you reasonable advance notice (aiming for at least 30 days when circumstances allow) before the effective discontinuation date, so you can export your information under Section 42 and, if applicable, evaluate alternatives. For subscriptions, we'll stop billing you as of the discontinuation date; we don't charge for a service that's no longer provided. This section does not apply to individual suspensions or terminations of your account for the reasons in Section 21, which are governed by that section.

58. Promotional pricing and discount codes

We may offer, at our discretion and for a limited time, promotional pricing, discounted trial periods, or discount codes for one or more products. A promotion's specific terms (duration, eligibility, whether it renews at the catalog price when it ends) are shown when you apply it and control over the catalog price while active; unless expressly stated otherwise, a subscription with promotional pricing renews at the then-current catalog price once the promotional period ends, per Section 9.

59. Cookies and similar technologies

The Service uses a small number of cookies and browser local storage, strictly necessary for it to work (for example, to keep you logged in) or for aggregate site measurement, as detailed in our cookie policy, which is incorporated into these Terms by reference. Using the Service means accepting the use of the strictly necessary cookies described there; the ones that are not strictly necessary are governed by your choice under that policy and our privacy choices page.

60. No third-party beneficiaries

These Terms are between you and us only. No other person or entity (including your own customers, your Sellers individually considered outside your account, or any Third-Party Provider) has the right to enforce these Terms as a beneficiary, beyond what applicable law mandatorily provides.

61. Jury trial waiver

To the maximum extent permitted by applicable law in the State of Delaware, United States, each party waives its right to a jury trial in any judicial proceeding arising out of or related to these Terms or the Service. This waiver does not affect either party's right to seek urgent injunctive relief from the competent court under Section 22.

62. You are the merchant of record with your own customers

The Service is a tool you use to quote, sell, and, if you sign up for the Sales Agent, converse with your own customers. You (not us) are solely responsible, commercially and legally, for those sales: for setting your prices and margins, for the accuracy of what you quote a customer, for complying with consumer protection, advertising, billing, and tax laws applicable to your business, and for resolving any claim a customer of yours makes about a purchase or quote. We are not a party to that commercial relationship between you and your customers; the Service only gives you the tool to manage it.

63. Relationship with your customers' customers

When the Sales Agent converses with someone on behalf of your business, or when someone accepts a quote through your public link, that person is your customer, not ours. We have no direct contractual relationship with them beyond operating the infrastructure that makes that conversation or quote possible, and we are not responsible for resolving commercial disputes between you and that person. Our only data relationship with that person is governed by Section 1 of our privacy policy (we process that data for you, not for our own purposes).

64. Taxes on your own sales

Section 32 covers taxes we have to add, if your jurisdiction requires it, on what you pay us for the Service. That's a different matter from taxes you must charge or declare on your own sales to your customers using the Service as a tool (for example, VAT or sales tax in your jurisdiction on what you sell). The Service does not calculate or file those taxes for you unless a specific feature expressly says so; you are responsible for configuring your own prices and meeting your own tax obligations as a merchant.

65. Availability by country and regulatory restrictions

The Service is intended to work in any country where its use is lawful, subject to the export and sanctions restrictions in Section 17. We do not tailor the Service to every country's specific local regulatory regime (for example, a particular country's e-invoicing sector requirements); if your jurisdiction requires something the Service doesn't address, you are responsible for meeting it outside the Service, or for telling us if you think it's something we should evaluate adding.

66. Trial and demo accounts

If we give you access to a demo account, a test environment, or an evaluation version of any product (for example, so you can see the Cloud Quoter in action before buying) that access is governed by these Terms, is offered "as is" without the guarantee in Section 10, may contain sample data that does not represent your actual business, and may be disabled or reset without prior notice. Do not load real, sensitive Customer Content into a demo account unless we expressly confirm it is a persistent environment.

67. Prices shown at checkout control

The exact price you pay is the one shown on the checkout screen when you confirm the purchase, not a price you saw at another time or on another page of the site (for example, if there was a pricing update between when you saw the product page and when you reached checkout). We recommend reviewing the order summary before confirming payment.

68. Plan changes

You can upgrade or downgrade your plan within the Cloud Quoter or change your Sales Agent plan from your dashboard or by emailing soporte@ismiro.com, subject to what's available at the time. When you upgrade during an already-paid period, the new price and new features apply per the billing approach shown at that time (for example, prorated charge for the rest of the period, or starting at the next renewal); when you downgrade, the change applies from your next renewal unless stated otherwise, so as not to interrupt features you already paid for in the current period. If a plan change means losing team seats or features you were using, we'll notify you before confirming so you can adjust your usage.

69. Signing up for more than one product

You can sign up for more than one of the products at once (for example, the Cloud Quoter and the Sales Agent). Each product is governed by these Terms as a whole, but each product's specific sections (license, price, guarantee) apply independently: cancelling or suspending one does not automatically affect the others, unless the cause of suspension (for example, fraud or a serious breach) reasonably compromises your access to all of them.

70. Case studies and testimonials

Publishing a review under Section 8 does not automatically authorize us to use your name, logo, or business data in a case study, featured testimonial, or marketing material more elaborate than a simple review (for example, a piece with details about your business or usage figures). For that, we'll ask for your specific separate consent, which you can freely give or decline without it affecting your access to the Service.

71. Account ownership transfer

If the person administering the account (the owner) leaves your business, or you need to transfer account ownership to someone else within the same business, email us at soporte@ismiro.com with whatever reasonable verification we ask for to confirm the request comes from the business that owns the account and not an unauthorized third party. We do not transfer ownership of an account to a different business than the one that created it: that is treated as a new account.

72. Computation of time periods

Unless expressly stated otherwise, every time period mentioned in these Terms (for example, the 7-day guarantee, or the 30-day notice before a price change) is counted in calendar days, not business days, and starts the day after the triggering event (the purchase, the notice being sent, etc.). If a deadline falls on a day that is not a business day in the State of Delaware, United States, that does not automatically extend the deadline unless the specific section says so.

73. Version and download records

For the Offline Quoter, we keep a record of which file version corresponds to your purchase and of downloads tied to your license key, so we can give you proper support and prevent use of a license key beyond what's reasonable for a single business (for example, an unusually high number of downloads from unrelated locations may trigger a review under Section 49). That record includes, for each download, your IP address, a browser identifier (user-agent), and the date, which we keep as evidence for a potential payment dispute over that purchase, per Section 2 of our Privacy Policy. This record does not include the content of quotes you generate locally, which we never see or store once you've downloaded the file.

74. Certifications and future compliance work

We do not currently hold, and do not represent that we hold, industry security or compliance certifications such as SOC 2, ISO 27001, HIPAA compliance, or PCI DSS certification of our own systems (payment card data itself is handled entirely by our payment processor, a provider certified for that purpose, as described in Section 9). As the Service and our customer base grow, we may pursue one or more such certifications; if and when we do, we will update this section and our marketing materials accordingly, but we make no commitment as to timing and nothing in these Terms should be read as a present claim to any certification we do not explicitly state we hold.

75. Confidentiality of negotiated commercial terms

If you and we negotiate commercial terms outside the standard catalog pricing (for example, a custom Sales Agent arrangement, a volume accommodation under Section 44, or a signed data processing addendum under Section 40) the specific pricing, discounts, and non-public terms of that arrangement are each party's Confidential Information under Section 13, and neither party will disclose them to third parties without the other's consent, except as needed to enforce the agreement or as required by law.

76. Compliance with messaging laws and contact consent

If you sign up for the Sales Agent over Messenger, Instagram or another messaging channel (and over WhatsApp once it is available), you are solely responsible for ensuring you have a legal basis and valid consent to contact each person through that channel, per the laws applicable to your business and the messaging platform's commercial policies (for example, WhatsApp Business Platform's opt-in rules, Messenger's and Instagram's policies, or equivalent commercial messaging and anti-spam rules in your jurisdiction). The agent answers according to the configuration you build in your dashboard and the adjustments you ask us for, but we do not independently verify that each individual contact in your database has given consent: that verification is your responsibility as the owner of the relationship with your customers under Section 62. If the messaging platform suspends your number due to complaints from recipients who did not consent to contact, that suspension is not attributable to a failure on our part and does not entitle you to a refund under Section 10, without prejudice to us reasonably helping you resolve it.

77. Custom configuration work

The Sales Agent configuration for your business (the one you build in your dashboard plus the adjustments we make with you: conversation scripts, configured responses, integration with your catalog) is tailored to your company, but the underlying technology (the agent engine, the configuration template, the tools we use to build it) remains our property under Section 15. You have the right to use that specific configuration while your subscription is active, the same way you have a license to use the rest of the Service; you do not acquire a separate ownership right in the engine or in similar configurations we build for other customers, even if they share structure with yours.

78. Personnel and subcontractors providing the Service

We may use employees, independent contractors, or subcontractors to build, operate, and support the Service, including initial Sales Agent configuration. Anyone with access to your Customer Content in that context is bound by confidentiality obligations at least as strict as the ones we take on under Section 13, and acts under our responsibility to you: using personnel or subcontractors to provide the Service does not release us from the obligations we take on in these Terms.

79. Sale of your business and license continuity

If your business is sold, merges with another, or changes corporate form, and you want the new owner to continue using the license or subscription you already had (for example, to avoid losing the Cloud Quoter's quote history), email us at soporte@ismiro.com before the transaction to coordinate the transfer under Section 71. We do not automatically transfer a license or subscription to a new owner without that advance notice, and we reserve the right to request reasonable verification that the transaction actually occurred before updating the account.

80. Entire agreement and language

These Terms, together with the policies linked from here, are the entire agreement between the parties regarding the Service and supersede any prior agreement or understanding, written or oral, on the same subject. This document is offered in Spanish and English; in case of conflict between the two versions over the interpretation of a clause, the version in the language in which you first accepted these Terms prevails, unless applicable law requires otherwise.

81. Changes to these Terms

We may update these Terms to reflect legal changes, new products, or Service improvements. If the change is material, we'll notify you by email or a visible notice on the site with reasonable advance notice before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you disagree, you may cancel your account before that date.

82. Contact

Questions about these Terms? Email us at soporte@ismiro.com.

Business Creatives LLC (Delaware, USA) · ISMIRO