Terms and Conditions of Service

Prologue and Definitions

This Agreement binds PHOENIX IA (Villa Gesell, Argentina) with the User.

Section I: The Human-in-the-Loop Control Model

1.1 Nature of the Assistant

Noe uses AI for conversation, drafting and intent detection. Sensitive actions are executed through programmed rules, configured sources and security controls; they do not operate as free decisions made by a general-purpose AI.

The Service is strictly prohibited from making definitive bookings or sending banking details autonomously.

Every critical transaction requires User approval through the Confirmation Panel.

1.2 Shared Responsibility

Since the system allows the User to edit the AI response before sending, the User is solely responsible for the final content sent to the customer.

Noe responds according to the tone and style instructions configured by the User. The User is responsible for reviewing responses during the initial Supervisado period.

Section II: Privacy and Data Security

2.1 PII Protection (Sensitive Information)

The Service applies PII Masking (maskPII) protocols in all processing logs.

Phone numbers and sensitive data of end customers are anonymized in internal records to protect privacy.

2.2 Retention and Deletion (Right to be Forgotten)

We retain personal data while the account is active. When downgrading from a paid plan to the free plan, catalog images are automatically deleted 30 days after the plan change. Activity and analytics logs are kept for 90 days. When you delete your account, data is erased immediately, except: (a) your email address, kept in an internal record to prevent abusive re-registration (see Section 7.1); and (b) records required by legal obligation.

Unread notifications older than 7 days are automatically marked as read to prevent unnecessary data accumulation.

Section III: Booking and Hospitality Logic

3.1 Availability Queries

Noe uses an Overlap Detection engine to report real availability in Rental and Hospitality verticals. Detection is based on bookings with "confirmed" status in the database.

3.2 Calendar Blocking

Effective blocking of a room or resource only occurs when the User approves the booking request in the Dashboard. Availability queries do not generate automatic blocks or "ghost" bookings.

Section IV: Third-Party Services and Integrations

4.1 WhatsApp Business API

The Service integrates with the official WhatsApp Business API provided by Meta Platforms, Inc. PHOENIX shall not be liable for suspensions, blocks or limitations imposed by Meta.

4.2 Payment Processing

Payments are processed through Mercado Pago S.A. (for Argentina and LATAM users) and Paddle.com (for international users). PHOENIX does not store credit card data or sensitive financial information. Each processor operates under its own privacy and security policies.

4.3 Monitoring and Analytics

The Service uses Google Analytics 4 (anonymous web analytics) and Sentry (technical error monitoring). These tools collect anonymized usage and performance data to improve the stability and experience of the Service. They do not collect personally identifiable data.

4.4 Artificial Intelligence Processing

Conversation content is transmitted to artificial intelligence providers (DeepSeek and Google Gemini) to generate automated replies. These providers may process data outside your country. The list of subprocessors is in the Privacy Policy.

Section V: Plans, Pricing and Payments

5.1 Plan Structure

5.2 Billing and Renewal

Subscriptions auto-renew every 30 days. You can cancel at any time; cancellation takes effect at the end of the current paid period and you keep access until that date. No refunds for partial periods.

5.3 Non-Payment

Non-payment results in an automatic downgrade to the Free Plan at the end of the current paid period. You keep access to your plan until that date. The Free Plan remains available; there is no grace period and no service suspension.

5.4 Definition of "Conversation"

"Conversation": Exchange of messages between the customer and Noe, initiated by the customer. Subject to the limits of the contracted plan.

Section VI: Limitation of Liability

6.1 Probabilistic Nature of AI

The User acknowledges that AI is probabilistic and may generate inaccurate responses. PHOENIX limits that risk by using AI only for conversation, intent and drafting, and by applying programmed validations, authority limits, supervised mode, logs and daily review over sensitive actions. Even so, PHOENIX does not guarantee the absolute accuracy of every generated response and cannot be responsible for instructions, approvals or misuse performed by humans.

6.2 Liability Cap

PHOENIX's total liability shall not exceed the amount paid by the User in the 12 months prior to the damaging event.

Section VII: Termination

7.1 By the User

The User may delete their account at any time from the control panel (Settings → Delete account), after TOTP MFA verification and an email code. Deletion is immediate and irreversible. Your email address will be kept in an internal list to prevent abusive re-registration of the free plan; if you need to register again, contact the Phoenix IA team. You may also request removal by email to admin@phx-ia.com.

7.2 By PHOENIX

PHOENIX may suspend or terminate access for: Agreement violation, fraudulent use, competent authority request, or Service discontinuation with 30 days prior notice.

Limitation of Liability and Indemnification

To the maximum extent permitted by applicable law, the total liability of Phoenix IA and its affiliates for any claim related to the use of the service shall not exceed USD 10 (ten US dollars). Phoenix IA shall not be liable for indirect, incidental, special, consequential or punitive damages. The user is solely responsible for their use of Noe, the content they configure and the communications generated with their customers through the service.

Section VIII: General Provisions