Terms of Use

Service Agreement — Platform GoCancun

1. The Parties to the contract

This contract is entered into between:

• GoCancun (hereinafter, "the Platform" or "us"): provider of the software as a service (SaaS) system for travel agencies, located in Cancún, Quintana Roo, Mexico.
• The Agency (hereinafter, "you" or "the Client"): the natural or legal person who registers on the Platform to offer and sell tours through the enabled channels (WhatsApp, online store).

Additionally, they participate as third parties involved:

• The Tourist: end customer of the Agency, who purchases tours through the sales channels enabled by the Platform.
• The Provider: company or operator that materially executes the tours sold by the Agency.

2. Purpose of the contract

GoCancun provides you access to a technological platform that includes:

• An administration panel to manage your tour catalog, reservations, suppliers, team, and finances.
• An Artificial Intelligence (AI) agent that assists your tourists via WhatsApp in an automated manner, recommends tours, quotes, and processes reservations.
• Integration with Stripe to charge your tourists via credit/debit card, transfer, or cash payment (OXXO).
• Stock management tools, access code generation (PAX), daily reports, and supplier control.
• Technical support and continuous system updates.

What the Platform IS NOT: GoCancun is exclusively a technology provider. It is not a travel agency, does not operate tours, does not hire carriers, is not responsible for the execution of tourist services, and does not act as a financial intermediary between the Agency and the Tourist.

3. Registration, account, and access

3.1 Requirements to contract

To register as an Agency, you must:

• Being over 18 years old or having sufficient legal capacity to enter into contracts in your country of residence.
• Provide truthful, complete, and updated information during registration and throughout the duration of the contract.
• Have a valid email account and an active WhatsApp number under your control.
• Have a Stripe account (or create one in the process) to receive payments from your tourists.

3.2 Account security

You are solely responsible for maintaining the confidentiality of your credentials (username and password). Any action taken from your account will be considered as taken by you. Notify us immediately in case of unauthorized access via the email indicated in clause 15.

3.3 Team accounts

The Agency can add collaborators with different levels of access (administrator, operator, seller). The account holder is jointly responsible for all actions taken by members of their team within the Platform.

3.4 One account per business

It is not allowed to create multiple accounts for the same business in order to access trial period benefits or evade restrictions. GoCancun reserves the right to merge or delete duplicate accounts.

4. Plans, prices, and billing

GoCancun offers different subscription plans with varying levels of functionality and usage limits. The detailed description and current prices are published in the plans page.

• Billing cycle: Charges are made on a recurring basis (monthly or annually, depending on the chosen plan) on the date of the first payment or the renewal date.
• Price update: GoCancun may modify the prices of its plans with at least 30 calendar days' prior notice by email. If you do not agree with the new price, you may cancel before the change takes effect.
• No partial refunds: no refunds are made for subscription periods already started. If you cancel your account, the service will remain active until the end of the paid period.
• Taxes: the published prices do not include VAT or other applicable taxes according to the legislation of your country. Such taxes will be added to the corresponding charge.
• Payment method: Charges are processed through Stripe. It is your responsibility to maintain a valid and updated payment method in your account.

5. Commissions for sale

In addition to the monthly subscription, GoCancun charges a percentage commission on each tour sale processed through the Platform via card payment or other integrated methods.

• The applicable commission percentage for your account is detailed in the contracted plan and in your administration panel.
• The commission is calculated on the total amount charged to the tourist (including taxes, if applicable), before any Stripe discount.
• Commissions are automatically deducted via Stripe Connect at the time of payment, or invoiced separately at the end of the period, according to your account settings.
• Stripe processing fees (typically ~2.9% + fixed fee) are independent of GoCancun's commissions and are borne by the Stripe account holder.

6. Artificial Intelligence Agent

The GoCancun AI Agent is the central component of the service: it interacts with your tourists via WhatsApp on your behalf, 24 hours a day, 7 days a week. It is essential that you understand how it works:

6.1 How it works

The AI Agent generates responses using third-party language models (currently OpenAI) combined with the information you upload to the Platform (tour catalog, prices, policies, schedules). The Agent does NOT confirm availability autonomously nor performs its own mathematical calculations: it uses the Platform's engine for both operations.

6.2 Your responsibilities regarding the AI Agent

• Keep your catalog information (prices, availability, cancellation policies) updated and accurate. The AI Agent will repeat the information you provide.
• Periodically review the conversations of the AI Agent to detect errors or situations that require human intervention.
• Inform your tourists, when required by law, that they are interacting with an automated AI system.
• Maintain at least one human responsible available to handle escalations that the AI Agent cannot resolve.

6.3 Limitations of the AI Agent

GoCancun does not guarantee that the AI Agent will always be accurate, available uninterruptedly, or respond exactly as you would expect. Interruptions of the WhatsApp (Meta) or OpenAI service are beyond our control and do not give rise to any right to compensation.

6.4 Prohibited use of the AI Agent

It is expressly prohibited to use the AI Agent for:

• Deceiving, defrauding, or misleading tourists about features, prices, or availability of tours.
• Disseminate illegal, offensive, discriminatory content, or that violates third-party rights.
• Inject instructions that alter the behavior of the system ("prompt injection").
• Any purpose other than the legitimate sale of tourist services.

7. Tourist data and privacy

Under this contract, the Agency acts as responsible for data processing of the personal data of your tourists, and GoCancun acts as data controller, processing such data solely to provide the contracted service.

• Data that is stored: name, phone, email, hotel, WhatsApp conversation history, reservation data, and, if applicable, the tourist's country of origin.
• Payment data: payments are processed directly by Stripe. GoCancun does not store bank card data or sensitive financial information.
• Access to conversations: you, as the account holder, have full access to all conversations of the AI Agent with your tourists. Use this information responsibly and in accordance with applicable data protection legislation.
• Processing by AI: conversations are processed by OpenAI models according to their own privacy policies. By using the Platform, you agree that this occurs and commit to informing your tourists when legally necessary.
• Retention: data is retained for the duration of the contract and an additional 30 days after cancellation, to allow for export. After that period, it is permanently deleted.

For more details, please see our Privacy Policy.

8. Agency obligations

By contracting GoCancun, you agree to:

• Publish only truthful and verifiable information about your tours: prices, itineraries, inclusions and exclusions, cancellation policies, and any relevant data for the tourist.
• Comply with all applicable legislation regarding tourism, consumer protection, e-commerce, and personal data protection in your country and in the countries of your tourists.
• Respond directly to your tourists for the quality, compliance, and safety of the tours sold. GoCancun is not a party to that commercial relationship.
• Have the permits, licenses, and registrations required by authorities to operate as a travel agency.
• Do not use the Platform for illegal, fraudulent activities, or that may harm third parties or GoCancun.
• Notify GoCancun immediately if you detect a security breach, unauthorized use of your account, or any situation that may affect the integrity of the service.

9. Intellectual property

9.1 Ownership of the Platform

All software, source code, design, trademarks, logos, technical documentation, and other elements that make up GoCancun are the exclusive property of the Platform or its licensors. This contract grants you only a limited, non-exclusive, non-transferable, and revocable license to use the service during the term of your subscription.

9.2 Agency Content

You retain ownership of all content you upload to the Platform (tour descriptions, images, logos, videos). By uploading it, you grant GoCancun a non-exclusive, royalty-free license to reproduce, store, and display it within the service and the enabled sales channels (WhatsApp, online store, reports). This license ends when you delete the content or cancel your account.

9.3 Prohibitions

It is prohibited to copy, decompile, reverse engineer, resell, sublicense, or transfer access to the Platform to third parties without the express written consent of GoCancun.

10. Cancellation and termination of the contract

10.1 Cancellation by the Agency

You can cancel your subscription at any time from your administration panel. The cancellation will take effect at the end of the current billing period, with no refunds for unused days. Your data will remain available for export for an additional 30 days; after that period, it will be permanently deleted.

10.2 Discretionary suspension and termination by GoCancun

11. Limitation of liability

Notwithstanding what is established in Clause 12 (Total Disclaimer), GoCancun shall not be liable, under any circumstances, for:

• Indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Platform.
• The quality, timeliness, safety, or compliance of the tours operated by the Agency's Providers.
• Interruptions, delays, or service failures caused by third parties (WhatsApp/Meta, OpenAI, Stripe, cloud infrastructure providers, telecommunications operators).
• Errors, inaccuracies, or omissions in the information that the Agency provides to the system.
• Business or financial decisions made by the Agency or the Tourist based on the responses of the AI Agent.
• Data loss caused by viruses, cyberattacks, natural disasters, or any force majeure cause.

In any case, if a competent court determines that GoCancun has any liability to you, the maximum total liability shall not exceed the total amount you have paid to the Platform during the 12 months immediately preceding the event that gave rise to the claim.

12. Total disclaimer of liability

13. Modifications to the contract

GoCancun may modify these Terms at any time. Changes that materially affect your rights or obligations will be communicated at least 30 days in advance to the email registered in your account. Continued use of the Platform once the changes take effect will constitute your acceptance of the new conditions. If you do not agree, you may cancel your account before the effective date of the changes without additional penalty.

14. Applicable law and jurisdiction

This contract is governed and interpreted exclusively in accordance with the current laws of the United Mexican States. For the resolution of any dispute arising from or related to this contract, the parties expressly submit to the jurisdiction of the competent courts located in Cancún, Quintana Roo, Mexico, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.

In matters of e-commerce and consumer protection, the Tourist or the Agency may go to the Federal Consumer Protection Agency (PROFECO) as a conciliation instance, without prejudice to the corresponding judicial actions.

15. Contact and notifications

All formal notifications between the parties must be made in writing. Notifications to GoCancun should be sent to:

• Email: hola@gocancun.com
• Location: Cancún, Quintana Roo, Mexico

Notifications to the Agency will be sent to the email registered in your account. It is the Agency's responsibility to keep their email updated.