Cancellation and Refund Policy

1. Scope and definitions

1.1This section applies to the implementation and maintenance services of the Digital, Ecommerce, Accounting, Agents and Booking verticals, as well as to the WhatsApp API subscription.

1.2For the purposes of this section:

• Consumer Client means a natural person entering into the contract for purposes outside their trade, business, craft or profession.
• Business Client means any natural or legal person entering into the contract for purposes relating to their trade, business, craft or profession, including sole traders, freelancers and self-employed professionals.

1.3The Client states their status at the time of order. Providing a business VAT identification number creates a presumption of Business Client status.

1.4Sections 2 and 10 apply exclusively to Consumer Clients. All other provisions apply to both.

1.5Nothing in this section removes any mandatory rights available to a Consumer Client under the law of their country of habitual residence, in particular as regards the right of withdrawal, conformity of digital content and services, and legal guarantees. Where there is a conflict, those rights prevail.

2. Right of withdrawal (Consumer Clients)

2.1A Consumer Client has 14 days from conclusion of the contract to withdraw from it without giving any reason and without incurring any cost.

2.2To exercise this right it is sufficient to communicate the decision unambiguously through any of the channels set out in section 7. The model form in section 10 may be used but is not mandatory.

2.3Where the Consumer Client has expressly requested that performance begin during the 14-day period and then withdraws before completion, they shall pay an amount proportionate to the service actually supplied up to the moment of communication, calculated by reference to the total agreed price. No further amount is due.

2.4The right of withdrawal is lost once the service has been fully performed, provided performance began with the Consumer Client's prior express consent and their acknowledgement that the right would be lost upon full performance.

2.5Automate AI shall refund all payments received within 14 days of being informed of the decision to withdraw, using the same means of payment as the initial transaction and at no cost to the Consumer Client. Any currency conversion or processing charges are borne by Automate AI.

3. Cancelling an implementation (outside the withdrawal period)

3.1The Client may cancel an implementation at any time through any of the channels in section 7.

3.2Where the Client cancels, Automate AI retains the amount corresponding to work actually performed, determined by reference to the following stages:

3.3Automate AI shall provide the Client, within 10 working days of cancellation, with a report of the work performed substantiating the amount retained.

3.4Where the price has been paid in instalments, the refund or outstanding balance is calculated on the total implementation price, not on the instalments already paid. If the amount retained exceeds the amount already paid, the Client shall settle the difference; if it is lower, Automate AI shall refund the difference.

3.5Cancellation attributable to Automate AI. No amount is retained and the refund is full where cancellation results from a failure attributable to Automate AI, in particular where the agreed delivery deadline is exceeded by more than 30 days for reasons not attributable to the Client.

3.6Suspension of deadlines and Client inactivity. Delivery deadlines are suspended for as long as the Client fails to provide the access, credentials, content, approvals or information required for performance. Where the Client remains inactive for 30 days following written notice from Automate AI, the project is deemed delivered at the stage reached and no refund is due.

4. Monthly maintenance

4.1Scope. Maintenance is billed monthly and covers the operation and support of the automation, together with infrastructure, hosting, database and API request costs within the volume included in the plan. Third-party supplier costs consumed on the Client's behalf are passed through at cost and itemised on the invoice.

4.2Cancellation. The Client may cancel maintenance at any time, giving 10 days' notice before the renewal date. Cancellation takes effect at the end of the period already paid for: the current month is not refunded, the service remains active until the end of that period, and no further charge is made.

4.3How to cancel. Cancellation is preferably carried out by opening a ticket in the client area, without any need to give reasons or to contact Automate AI beforehand — see section 7 for the available channels.

4.4Options on termination. On termination of maintenance the Client chooses between:

• (a) Migration to their own infrastructure. Automate AI provides technical assistance in transferring the automation to the Client's own database, hosting and n8n instance for a migration fee disclosed before the assistance is contracted. This fee does not exceed the costs directly incurred in carrying out the migration. Ongoing costs of the new suppliers are borne by the Client.
• (b) No migration. The automation is deactivated. It may be reactivated at any time by subscribing to a new maintenance period, within the period set out in section 4.6, with no reactivation fee.

4.5Non-payment. If payment is not confirmed on the due date, Automate AI shall notify the Client and allow a grace period of 7 days. After that period the automation is suspended until payment is confirmed, and is reactivated immediately thereafter. Suspension lasting more than 60 days results in automatic termination of the contract, with the effects set out in section 4.6.

4.6Client data. For 30 days from termination, Automate AI keeps the Client's data available for export in a structured, commonly used and machine-readable format, including automation workflows in JSON. After that period the data is permanently deleted. Provision and deletion of personal data are not conditional on settlement of any outstanding amounts or on payment of the assistance under section 4.4(a).

4.7Price changes. Automate AI may change the maintenance price on at least 30 days' prior written notice. A Client who does not accept the change may cancel maintenance at no cost before the new price takes effect.

5. WhatsApp API (subscription)

5.1The subscription renews automatically on the due date. The Client may cancel at any time on 10 days' notice, through the channels in section 7.

5.2Cancellation takes effect from the following due date: the period already paid for runs to its end, no further charge is made, and the service ceases on that date.

5.3Message or conversation usage exceeding the volume included in the plan is invoiced after the end of the period, even where cancellation has already been notified.

5.4Ownership of Meta assets. The WhatsApp Business Account (WABA) and the phone number used for the service belong to the Client and sit within the Client's own Meta business portfolio, created or identified during onboarding. Automate AI acts as Tech Provider and receives from the Client only the permissions required to deliver the service, which the Client may revoke at any time from Meta Business Suite. The payment method attached to the account is the Client's, who is liable to Meta for conversation costs.

5.5Effects of termination. On termination, Automate AI shall cease access to the Client's account and delete the corresponding credentials and tokens within 30 days. The account, number, display name, quality rating and approved message templates remain entirely with the Client. No migration fee is payable for changing provider. Automate AI shall provide, at no charge, the technical cooperation needed to connect a new provider, including disabling two-step verification where this is a condition of the operation.

5.6Client obligations (Business Clients). The Client is solely responsible for message content and for obtaining and retaining proof of recipients' prior consent, and undertakes to comply with Meta's policies applicable to the WhatsApp Business Platform. The Client shall indemnify Automate AI against any loss arising from breach of these obligations.

5.7Suspension and termination following Meta action. Automate AI may suspend the service immediately in the event of breach of section 5.6 or of any restriction imposed by Meta on the number or the account. Where the service ends for reasons attributable to the Client, no refund of the current period is due; where it ends for reasons attributable to neither party, Automate AI shall refund the paid but unused part of the period pro rata.

5.8Where section 2 applies, the Consumer Client's right of withdrawal prevails over this section 5.

6. Conformity and failure by Automate AI

6.1Nothing in this section limits the Client's right to require performance of the contract, to have the service brought into conformity, to a price reduction, or to terminate with a refund, under the general law and, in the case of a Consumer Client, under the legal regime governing the supply of digital content and digital services.

6.2The retentions in sections 3 and 4 do not apply where termination results from a failure attributable to Automate AI.

7. How to cancel

Cancellation requests may be submitted:

• by opening a ticket in the client area — preferred channel;
• by email to pedro@automate-ai.digital.

Automate AI shall acknowledge receipt on a durable medium within 2 working days, stating the date on which cancellation takes effect.

8. Refunds

8.1Refunds are made using the same means of payment as the initial transaction, unless expressly agreed otherwise, and at no cost to the Client.

8.2Refund periods are 14 days in the case of section 2.5 and 30 days in all other cases, running from the date Automate AI is informed of the request.

8.3Amounts are stated and refunded in euros. Any exchange differences or bank charges arising from the refund operation are borne by Automate AI.

8.4Where the Client is a Consumer, refunded amounts include any applicable taxes charged.

9. Governing law and jurisdiction

9.1The contract and this Policy are governed by the applicable law, without prejudice to the following paragraph.

9.2This choice does not deprive a Consumer Client of the protection afforded by the mandatory provisions of the law of their country of habitual residence, nor of the right to bring proceedings before the courts of that country.

10. Model withdrawal form (Consumer Clients)

(complete and return only if you wish to withdraw from the contract)