Terms of Service
Last updated: September 11, 2026
These Terms and Conditions govern access to and use of the GUPER cashback platform (the "Service") by contracting merchants and users authorized by them. By creating an account, installing our app, or using the Service, you accept these Terms in full.
1. Service Description
GUPER is a CRM, loyalty, customer service and artificial intelligence platform for retail. It lets merchants build a single profile of their customers, create and manage cashback, points, coupon and gift card programs, segment audiences, send campaigns over WhatsApp, email, SMS or RCS, handle requests with artificial intelligence agents, run the sales floor from a mobile device, connect the platform to external AI assistants through the MCP server, and audit advertising spend for accounts the merchant itself connects. GUPER is not a financial institution, does not hold end-customer funds, and does not act as a payment processor.
2. Accounts and Eligibility
- You must have legal capacity to contract and to represent the merchant you register.
- Registration information must be truthful, complete, and current.
- You are responsible for keeping your credentials confidential and for all activity under them.
- Notify us immediately of any unauthorized use of your account.
3. Acceptable Use
You agree not to use the Service to send unsolicited messages or communications that violate WhatsApp and messaging provider policies; upload customer data without a valid legal basis or consent; breach, interfere with, or reverse engineer the platform; or engage in unlawful, fraudulent, or infringing activity. GUPER may suspend access for any breach.
4. Merchant Obligations
- Define and honor the rules of its cashback program toward its customers.
- Comply with applicable data protection, advertising, and consumer laws.
- Hold a legal basis to share customer data with GUPER.
- Be responsible to its customers for the validity and redemption of issued bonuses.
5. Plans, Pricing, and Payments
The Service is contracted under the agreed plan and commercial model (revenue share or pay-per-bonus, with or without a fixed monthly fee). Fees are billed on the agreed cycle and exclude taxes unless stated otherwise. Prices may change with reasonable prior notice; continued use after the effective date constitutes acceptance. Amounts already accrued are non-refundable unless legally required.
6. Data and Privacy
Data collected through the platform is owned by the contracting merchant, who may export it at any time. GUPER processes it as a processor, solely to provide the Service, in accordance with our Privacy Policy, which forms part of these Terms.
7. Integrations and Third-Party Services
The Service may integrate with external platforms and providers (Shopify, WooCommerce, POS systems, Twilio, and WhatsApp Business, among others), whose use is also governed by their own terms. GUPER is not responsible for outages, changes, or decisions made by those providers.
8. Artificial Intelligence Features
The platform includes artificial intelligence features: agents that handle end customers, models that estimate purchase behavior, and the MCP server, which allows the account to be connected to an external assistant such as Claude or ChatGPT.
The merchant decides which features to enable and which users may access them. The assistant holds the same permissions that user holds in the system, and operations that move value require explicit confirmation. Actions executed through an assistant are considered actions of the merchant, are logged, and are the merchant’s responsibility.
Output generated by artificial intelligence, including support replies, suggested segments and behavior estimates, is approximate and may contain errors. It does not replace the merchant’s judgment and does not constitute financial, legal or tax advice. The merchant is responsible for supervising the operation and for reviewing campaigns before they are sent.
9. Intellectual Property
The software, brand, design, documentation, and all Service content belong to GUPER or its licensors. You are granted a limited, non-exclusive, revocable, non-transferable license to use the Service during the subscription term. The merchant retains ownership of its trademarks and content and authorizes GUPER to use them solely to provide the Service.
10. Availability and Support
We aim for continuous availability but do not warrant uninterrupted or error-free operation. We may perform scheduled maintenance and updates. Support is provided through the channels indicated in the platform.
11. Limitation of Liability
The Service is provided "as is." To the maximum extent permitted by law, GUPER is not liable for indirect or incidental damages, lost profits, or data loss. GUPER's total aggregate liability is limited to the amounts actually paid by the merchant in the three (3) months preceding the event giving rise to the claim.
12. Indemnification
The merchant will indemnify GUPER against third-party claims arising from misuse of the Service, breach of these Terms or applicable law, or the content and data it uploads to the platform.
13. Term and Cancellation
The subscription remains in effect until cancelled. Either party may terminate with prior notice as agreed. GUPER may suspend or close the account for material breach or non-payment. After termination, the merchant may export its data for a reasonable period, after which it will be deleted or anonymized.
14. Changes
We may update these Terms at any time. Changes will be notified in the platform or by email and take effect upon publication.
15. Governing Law
These Terms are governed by the laws of Mexico, with venue in Mexico City, unless otherwise agreed in writing.
16. Contact
Email: contacto@guper.co · Web: guper.ai
