Terms and Conditions

1. Service

Cacao is a reputation and review management platform. Depending on the selected plan and configuration, it can send requests through WhatsApp, email, or SMS; create surveys and QR codes; offer incentives or discounts; connect with Google Business Profile; monitor and respond to reviews; and generate, schedule, or publish content using artificial intelligence.

The Customer may configure certain workflows to require manual approval or allow automatic publication. Available features may vary by plan, country, integration, and changes made by third-party providers.

2. Account and business use

The Customer must provide accurate information, keep its credentials secure, and control its users’ access. It is responsible for all activity through its accounts, including automation settings, permissions, and integrations.

The Customer must promptly notify Cacao of any unauthorized access or security incident relating to its account.

3. Subscriptions, locations, and payment

Cacao offers monthly and annual subscriptions. Pricing is based primarily on the number of managed locations and the terms displayed at checkout, in the platform, or in an accepted order or commercial proposal.

The Customer must keep its location count accurate. Cacao may adjust charges prospectively when locations are added or the plan changes. Fees exclude applicable taxes, withholding, and government charges, which are the Customer’s responsibility unless the law requires otherwise.

The Customer authorizes Cacao and its payment processor to charge the applicable fees to the payment method on file. Failure to pay may result in suspension or termination of the Service.

4. Automatic renewal and cancellation

Subscriptions automatically renew for successive periods equal to the selected monthly or annual subscription period, using the payment method on file, unless the Customer cancels before the renewal date.

The Customer may stop renewal at any time through the options available in the platform. Cancellation takes effect at the end of the paid subscription period: the Customer retains access until that date and no further renewal charge will be made.

Payments are non-refundable, and no credits are provided for partially used periods, except where mandatory law requires otherwise.

5. Customer obligations

The Customer is responsible for its relationships with consumers, employees, and other recipients, and for the content, contact lists, instructions, and configurations it submits to the Service.

• Obtain and document all consents required to send messages through WhatsApp, email, SMS, or other channels.
• Provide opt-out mechanisms and promptly honor all opt-out requests.
• Comply with advertising, privacy, data protection, electronic commerce, and consumer protection laws applicable in each jurisdiction.
• Comply with the policies of Google, Meta, messaging providers, and other connected services.
• Ensure that any incentive or discount is lawful and transparent and is not conditioned on a positive review.

6. Prohibited use

The Customer may not use Cacao to:

• Create, purchase, solicit, or publish fake or misleading reviews or reviews that do not reflect an authentic experience.
• Manipulate ratings, selectively suppress negative feedback, or condition a benefit on posting a positive review.
• Send spam, messages without required consent, or unlawful communications.
• Impersonate others, infringe intellectual property rights, or upload data it is not authorized to process.
• Interfere with the security or operation of the Service, bypass technical limits, reverse engineer it, or use it for unlawful purposes.

7. Artificial intelligence and automatic publication

Artificial intelligence features, including third-party large language models (“LLMs”), may generate responses, text, classifications, or recommendations that are inaccurate, incomplete, or inappropriate. Outputs are not professional advice.

The Customer is responsible for reviewing content for accuracy, legality, tone, and suitability before use. If the Customer enables automatic publication, it acknowledges that content may be published without human review and accepts responsibility for that choice, its instructions, and the published outputs.

The Customer must not use generated content to misrepresent genuine experiences or attribute statements to people who did not make them.

8. Third-party services

Cacao relies on third-party services, including Google Business Profile, Meta and WhatsApp, email and SMS providers, payment processors, hosting, analytics, and LLMs. Use of those services may be subject to additional provider terms and policies.

Cacao does not control or guarantee the availability, decisions, API changes, or operation of third-party services. A provider’s modification, suspension, or revocation of an integration may affect features without creating liability for Cacao.

9. Data and privacy

The Customer retains its rights in data submitted to the Service and authorizes Cacao to process that data only to provide, secure, maintain, and improve the Service in accordance with the Privacy Policy.

The Customer represents that it has a sufficient legal basis to collect, use, and share that data with Cacao and its providers. Unless otherwise agreed in writing, the Customer acts as controller of consumer data and Cacao as its service provider or processor.

After the subscription ends, operational Customer data will be deleted or anonymized. Cacao may retain administrative, transactional, or security information as needed to comply with legal obligations, resolve disputes, or prevent abuse. Backup copies are deleted through the normal backup rotation cycle.

10. Intellectual property

Cacao and its licensors retain all rights in the platform, software, trademarks, designs, documentation, and technology. During the subscription, Cacao grants the Customer a limited, non-exclusive, non-transferable, and revocable right to use the Service internally under these Terms.

The Customer retains its rights in its content. If the Customer provides suggestions or feedback about Cacao, it authorizes Cacao to use them without restriction or compensation and without publicly identifying the Customer.

11. Suspension and termination

Cacao may suspend or limit access for non-payment, a security risk, abusive or unlawful use, a breach of these Terms or third-party policies, or when necessary to protect Cacao, its users, or third parties.

Cacao may terminate the agreement for a material breach that is not cured within a reasonable period after notice, or immediately if the breach cannot be cured or involves fraud, unlawful activity, or serious risk. Termination for the Customer’s breach does not create a right to a refund.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Cacao does not warrant uninterrupted or error-free operation or any particular number of reviews, rating, sales, ranking, or other business outcome.

Cacao disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent they may lawfully be disclaimed.

13. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, or consequential damages or for lost profits, revenue, data, reputation, or business opportunities, even if advised that they were possible.

Cacao’s total aggregate liability arising from the Service or these Terms will not exceed the amount actually paid by the Customer to Cacao during the twelve months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot lawfully be limited and apply even if a remedy fails of its essential purpose.

14. Indemnification

The Customer will defend, indemnify, and hold harmless Cacao, its officers, employees, and providers from third-party claims, damages, penalties, and reasonable expenses arising from Customer content or data; its communications, incentives, or campaigns; its use of automatic publication; its breach of these Terms; or its violation of laws, consents, policies, or third-party rights.

15. Changes

Cacao may modify these Terms to reflect legal, operational, or Service changes. Material changes will be notified within the platform before taking effect. Continued use after the effective date constitutes acceptance of the updated Terms. If the Customer does not accept a material change, it may cancel renewal and continue using the Service through the end of its paid period.

16. Governing law and venue

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in Miami-Dade County, Florida, and the federal courts having jurisdiction over Miami-Dade County, and waive objections to that venue.

17. General

These Terms, the Privacy Policy, and any accepted order or proposal are the entire agreement regarding the Service. If an order expressly identifies a provision that overrides these Terms, the order controls only for that provision.

The Customer may not assign the agreement without Cacao’s prior consent. Cacao may assign it in connection with a reorganization, merger, acquisition, or sale of assets. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a right is not a waiver. Headings are for convenience only.

18. Contact

Contracting entity: LURAEP LLC. Principal business address: 133 Aragon Ave., Coral Gables, FL 33134, United States. Legal notices and questions may be sent to augusto@cacao.to.