Terms and Conditions

Olya AI (GRUPO IXERTA, S.A.P.I. de C.V., hereinafter referred to as "Olya", "We", or "Us"), with its registered address at Blvd. Francisco Villa Norte 1716, León, Guanajuato, C.P. 37257, and Federal Taxpayer Registration number GIX2210265J3, and website https://OLYA.AI/, including any subdomains, linked domains, or redirected sites, as well as any mobile application (“App”) compatible with the Android and iOS operating systems (hereinafter referred to as the "Platform"), including all communications via messaging platforms such as WhatsApp®, Discord, and/or Telegram, makes the following Terms and Conditions of Use available to you.

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By accessing this document, you acknowledge that you have read and accepted the Privacy Notice applicable to the processing of your personal data, available at https://OLYA.AI/privacy/, which, together with these Terms and Conditions of Use, constitutes the entire agreement between you and Olya.

 

Content

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1. Acceptance of the Terms and Conditions of Use.

2. Definitions.

3. Nature of the Platform.

4. Platform Usage Rules.

5. Age Restrictions.

6. Creation of a Profile (Olya Account).

7. Password.

8. Deactivation of Profile (Olya Account).

9. Olya Premium.

10. Free Trials.

11. Promotions.

12. Specialists.

13. Payment Methods.

14. Electronic Billing Policies.

15. Refunds for Cancellations.

16. Official Communication Channels and Advertising Emails.

17. Instant Messaging Services.

18. Open Chat.

19. Use of Artificial Intelligence in Olya's Services.

20. Obligations Regarding Resources and Equipment.

21. Code of Conduct.

22. Hacking.

23. User Responsibilities.

24. Olya's Disclaimer and Limitation of Liability.

25. Liability for External Factors.

26. Violations.

27. Intellectual Property.

28. Advertising Material.

29. Limited License to Use the Platform.

30. Confidentiality.

31. Non-Association.

32. Assignment of Rights.

33. Severability.

34. Additional Terms.

35. No Waiver of Rights.

36. Validity.

37. Section Titles.

38. Force Majeure.

39. Comments, Complaints, and Suggestions.

40. Applicable Jurisdiction.

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Acceptance of the Terms and Conditions of Use

By accessing, browsing, and/or using the services of our Platform, you are agreeing to the Terms and Conditions of Use contained in this document, and you are expressly declaring your acceptance, using electronic means, in accordance with Article 1,803 and other relevant provisions of the Federal Civil Code.

If you do not fully and completely accept the Terms and Conditions of Use, you must refrain from accessing, using, and/or browsing the Platform and/or any other service offered by Olya.

 

Olya will not retain an individualized copy of the agreement entered into between you and Olya; therefore, we recommend you save a copy of these Terms and Conditions of Use for your own records.

 

In the event you violate the provisions of these Terms and Conditions of Use, you accept that Olya may cancel your access, exclude you from future transactions, and/or take legal action deemed necessary to protect its interests.

 

Olya DOES NOT provide medical, clinical, or addiction treatment advice. Olya IS NOT designed for use in crisis situations. In the event of a crisis, please contact the crisis hotline: 911.

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Definitions

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For ease of reading, Olya provides the following definitions of certain terms used throughout this document. These terms shall be interpreted as defined below and will be identified with an initial capital letter. They will only be interpreted as such when formatted in this manner.

The defined terms will apply regardless of the grammatical gender or number in which they are expressed, without affecting their meaning, and the meaning provided in this Agreement will prevail.

 

TermDefinition

 

Privacy Notice

The Privacy Notice contains information regarding the handling of your personal data collected by Olya through the Platform, available at https://Olya/privacy/.

Open Chat

The feature on the Olya Platform through which you can leave comments and/or have free-text conversations with the ChatBot.

ChatBot

Software capable of engaging in real-time conversations with the User using decision trees and/or artificial intelligence.

Content

Refers to all multimedia components and/or information on the Platform, including but not limited to text, graphics, photos, logos, audio, video, trademarks, images, databases, as well as the graphic design, source code, and software that are the property of Olya.

Agreement

The entire agreement between You and Olya, concerning these Terms and Conditions of Use and the Privacy Notice.

Download

The option available on the Olya Platform that allows you to download and/or have conversations with the ChatBot via free text.

Specialist

A healthcare professional with specific training in a particular medical or surgical field.

One-Time Purchase

A feature that offers Users access to a specific function of the Platform through a single payment that grants access to Olya's services.

Profile (Olya Account)

The profile and/or phone number you use to access the Platform and Olya's Services.

Payment Platform

The electronic payment system that facilitates the acceptance of online payments via the e-commerce store through which the app is downloaded: Apple Store for iOS devices or Google Play Store for Android devices. It may also refer to a third party that Olya uses for service charges.

Platform

The Olya domain or any subdomain, linked domain, or redirected domain, and/or messaging services WhatsApp, Discord, Slack, Telegram, and/or the App compatible with Android and iOS.

Services

The virtual support services provided by Olya through the Platform via virtual accompaniment, without human intervention or interaction between the User and Olya, solely through pre-designed and/or auto-generated conversations with artificial intelligence algorithms (ChatBot).

Subscription

The means by which you can access all Olya Premium features through a recurring payment.

Third Parties

Any Third Party having a direct or indirect commercial relationship with Olya, such as sponsors, advertisers, service providers, business partners, Specialists, etc.

Terms and Conditions of Use

The present agreement between Olya and the User.

User

Any natural person, regardless of gender identity or sexual orientation, who uses the Platform and the Services offered therein.

Minors must use the Platform with the authorization of their parents, guardians, or those holding parental authority over them, as indicated below.

WhatsApp®

The instant messaging app owned by Meta®.

Grupo IXERTA

The Sociedad Anónima Promotora de Inversión that owns the registered trademark Olya® and the Platform.

Olya Premium 

The feature offered by Olya that allows access to exclusive services available on the Platform via a Subscription or a One-Time Purchase.

Nature of the Platform

Olya is a digital self-help platform designed to provide virtual support for quitting smoking, vaping, alcohol consumption, sugar consumption, opioids, and/or marijuana, without human intervention or interaction, through pre-designed and/or auto-generated conversations using artificial intelligence algorithms (ChatBot) (the "Services").

 

By using the Platform, you acknowledge and understand that Olya, the Platform, and its content are solely for informational purposes and are NOT designed for use in crisis situations, such as abuse or complex or severe mental health conditions that cause suicidal ideation, self-harm, harm to others, and/or any medical emergency. Therefore, the Platform does not offer, nor will it offer, medical or clinical advice. The Services may only suggest that you seek specialized medical attention in case of crisis. We recommend that you always seek advice from your physician or specialist for any questions related to your physical or mental health, as well as addiction treatment professionals.

 

The conversations you have with Olya's ChatBot on the Platform are part of decision trees created by specialists based on psychological and scientific elements and approaches. These conversations may also be generated in real-time using generative artificial intelligence technologies. Under no circumstances should these conversations be interpreted as a diagnosis, nor should they be understood as professional medical treatment, as Olya is NOT a healthcare service nor a substitute for one.

 

Health symptom information displayed in the app is based on national and international standards, and the results are programmed according to predetermined profiles provided by external health specialists. These should NOT be interpreted as a diagnosis and are not a substitute for advice and evaluation from a certified professional.

You should never disregard medical advice or delay seeking professional help because of something you read on Olya. In the case of a mental or emotional crisis, it is essential to contact a specialist or crisis hotlines directly. Additionally, if you or someone else is considering self-harm, it is recommended that you contact:

 

Crisis Hotlines in US and Mexico:

• Emergencies: 911

• US Addition Helpline: 1-800-662-HELP (4357)

• Consejo Ciudadano: (55) 5533 5533

• Medicina a Distancia: (55) 5132 0909

• SAPTEL: (55) 5259 8121

 

The Platform provides a directory of Specialists who can address your health condition. These Specialists are NOT endorsed by, nor have they worked with or for, Olya, and therefore, Olya cannot recommend these Specialists. If you choose to engage the services of any of the Specialists, it will be entirely at your own responsibility and discretion.

 

Platform Usage Rules

By using our Platform, you agree to use it diligently, correctly, legally, and in accordance with moral standards and good practices. You are also responsible for any damages, of any kind, that Olya may suffer, directly or indirectly, as a result of your failure to comply with any of the obligations arising from this Agreement. In accordance with Mexican law, access to and use of the services and the Platform are intended solely for individuals who are 18 (eighteen) years of age or older. Therefore, by using the Platform, you declare, under penalty of perjury, that you are at least 18 (eighteen) years old and have the legal capacity to understand and accept this Agreement.

 

Olya takes the privacy and protection of your data very seriously, which is why we make available to you the Privacy Notice at Olya/privacy/, which we recommend reading before using our Platform and services. To ensure the proper provision of services, we recommend that you authorize the necessary and sufficient access permissions on your computer, mobile device, and/or tablet.

 

Age Restrictions

If you are between 13 (thirteen) and 17 (seventeen) years old, Olya understands that you have obtained express consent from your parents or guardians. In no circumstances should Olya interact with children under 13 (thirteen) years old. If you are a minor and do not have the authorization of your parents or legal guardians, or if you are under the age of 13 (thirteen), we ask that you refrain from using the Platform. Parents or guardians of minors will be responsible for the actions taken by minors under their care, as outlined in these Terms and Conditions of Use, including damages caused to third parties and/or those prohibited by law and/or by the provisions of this agreement.

If you are not a Mexican citizen, you agree not to use Olya’s services if the legislation in your country considers you a minor.

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Creation of a Profile (Olya Account)

To ensure the proper provision of Olya’s services, you must create a Profile (Olya Account) by following the steps outlined on the messaging platform, app, or browser.

During the registration process, you agree to receive emails and/or messages through WhatsApp (if the interaction is initiated through that medium) containing promotional content from the Platform. However, you may choose to stop receiving these promotional notifications later by clicking on the link at the bottom of the emails. By registering, you declare that the information provided to Olya is true, accurate, and up-to-date, and Olya accepts this information as such and will not be responsible for any false information you provide. Olya cannot guarantee the identity of registered Users and, therefore, is not responsible for the use of a registered User’s identity by third parties. You, as the User, agree to notify Olya of the theft, disclosure, or loss of your password or username, by emailing hello@olya.ai as soon as possible so that we can cancel your Profile (Olya Account).

 

Password

By using this service, you agree to keep your password secure and confidential and not to allow any other person to use your email address or password to access the Platform. You are fully responsible for all activities that occur under your name, email, or Profile (Olya Account). Therefore, it is crucial to notify us of any unauthorized use of your password or Profile (Olya Account). Olya will not be responsible, directly or indirectly, for any loss or damage resulting from non-compliance with this section. 

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Deactivation of Profile (Olya Account)

You may deactivate your Profile (Olya Account) at any time through the options available on the Platform. Upon deactivation, Olya will no longer be able to provide its services to you, and you will lose access to any data or interactions you had on the Platform. If you wish to reactivate your Profile, you may contact Olya through the email provided or re-register following the steps outlined on the Platform.

 

Olya Premium

Olya offers a premium version of its services, known as "Olya Premium." By subscribing to Olya Premium, you will gain access to additional features and exclusive content that are not available in the basic version of the Platform. The terms and costs associated with Olya Premium will be clearly displayed on the Platform, and you will be required to agree to these terms before subscribing.

 

Free Trials

Olya may, at its sole discretion, offer free trials for certain services. The duration of the free trial and the services included will be specified on the Platform. At the end of the free trial period, you will be automatically enrolled in a paid subscription unless you cancel before the trial period ends.

 

Promotions

From time to time, Olya may offer promotional deals or discounts. These promotions are subject to specific terms and conditions that will be communicated at the time of the offer. Olya reserves the right to modify or terminate these promotions at any time without prior notice.

 

Specialists

The Platform may provide access to a directory of health professionals (“Specialists”) who can assist with specific conditions. Olya does not endorse, guarantee, or make any representation regarding the qualifications, skills, or competence of these Specialists. The decision to engage a Specialist and the terms of that engagement are entirely your responsibility, and Olya disclaims any liability for any interactions between you and any Specialist.

 

Payment Methods

Payments for Olya’s services, including Olya Premium, can be made using the payment platforms available on the Platform, such as Apple Store for iOS devices, Google Play Store for Android devices, or through third-party payment processors such as STRIPE.  You agree to provide accurate and complete payment information and authorize Olya or its payment processors to charge your selected payment method for all fees due.

 

Electronic Billing Policies

All payments made for services provided by Olya will be documented with an electronic invoice, in accordance with applicable tax laws. If you require an invoice for your payment, you must request it within the time frame specified on the Platform and provide the necessary information for the invoice’s issuance. All requests should be addressed to hello@olya.ai

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Refunds for Cancellations

Refunds for cancellations will be processed in accordance with the refund policies established by Olya. These policies will be clearly outlined on the Platform and may vary depending on the service purchased. In general, refunds will not be provided for services that have already been rendered or for promotional offers.

 

Official Communication Channels and Advertising Emails

Olya’s official communication with Users will be conducted through the contact information provided during registration, including email and messaging platforms such as WhatsApp. By using the Platform, you agree to receive communications from Olya, including promotional materials, unless you choose to opt out of promotional messages as provided by law.

 

Instant Messaging Services

Olya offers services through instant messaging platforms like WhatsApp®, Discord, and/or Telegram. These services are subject to the terms and conditions outlined in this Agreement, and you are required to comply with the rules of conduct and usage policies when interacting with Olya via these platforms.

 

Open Chat

Olya provides an “Open Chat” feature, which allows you to engage with the ChatBot using text messaging platforms. You acknowledge that the responses generated by the ChatBot are based on pre-determined decision trees and/or artificial intelligence and should not be construed as medical or clinical advice.

 

Use of Artificial Intelligence in Olya’s Services

Olya utilizes artificial intelligence (AI) algorithms to provide virtual support services. The conversations and guidance provided by Olya’s ChatBot are auto-generated based on decision trees and AI technology, with no human interaction. While Olya strives to ensure the quality of its AI-generated content, you acknowledge that these interactions are not a substitute for professional medical or clinical advice.

 

Obligations Regarding Resources and Equipment

To use Olya’s services, you are responsible for ensuring that your devices (such as computers, mobile phones, or tablets) are compatible with the Platform. You must also provide the necessary internet connection and ensure that your devices meet the technical requirements needed to access the Platform.

 

Code of Conduct

By using the Platform, you agree to follow the code of conduct set forth by Olya. This includes but is not limited to:

• Using the Platform in a respectful and lawful manner.

• Not impersonating other users or individuals.

• Not posting or sharing offensive, defamatory, or illegal content.

• Not using the Platform to engage in unlawful activities.

Failure to comply with the code of conduct may result in the termination of your access to the Platform, and Olya reserves the right to take legal action where appropriate.

 

Hacking

Any attempt to violate the security of the Platform, including but not limited to unauthorized access to data, the transmission of harmful code (such as viruses or malware), or disrupting the services provided by Olya, is strictly prohibited. Violations of this nature may result in civil or criminal penalties, and Olya reserves the right to report such actions to the authorities.

 

User Responsibilities

You are responsible for complying with all applicable local and national laws when using the Platform. Any damages, losses, or liabilities resulting from your actions or failure to comply with these laws are solely your responsibility.

 

Olya’s Disclaimer and Limitation of Liability

Olya is an informational service and does not provide medical or clinical advice. Olya is not liable for any damages, losses, or risks arising from your use of the Platform, including self-diagnosis, misinterpretation of information, or interactions with third parties. Olya disclaims any responsibility for the actions of third-party Specialists or other services provided by external entities. You acknowledge that any engagement with such third parties is solely at your own risk.

 

Liability for External Factors

Olya is not responsible for interruptions or disruptions in service due to external factors such as internet outages, system failures, or acts of nature (force majeure). Olya is also not responsible for viruses or other harmful components that may affect your device as a result of accessing the Platform.

 

Violations

Olya reserves the right to take any necessary action, including canceling or suspending your access to the Platform, if you violate these Terms and Conditions of Use. Olya may also pursue legal action to protect its interests.

 

Intellectual Property

All content on the Platform, including but not limited to trademarks, logos, text, graphics, and software, is the property of Olya or its licensors and is protected by applicable intellectual property laws. You are not permitted to copy, reproduce, modify, or distribute any of the content without Olya’s express written consent.

 

Advertising Material

Olya may display advertisements or promotional content on the Platform. Olya is not responsible for the accuracy or legality of third-party advertisements, and you acknowledge that any engagement with such advertisements is at your own risk.

 

Limited License to Use the Platform

Olya grants you a limited, non-exclusive, revocable license to access and use the Platform in accordance with these Terms and Conditions of Use. This license does not include the right to sublicense or transfer your access to the Platform to third parties.

 

Confidentiality

Olya is committed to maintaining the confidentiality of your personal information in accordance with applicable privacy laws. You agree to keep any confidential information you access through the Platform private and not disclose it to third parties without Olya’s consent.

 

Non-Association

The use of the Platform does not create any partnership, employment, or agency relationship between you and Olya. You agree that your use of the Platform is independent, and there is no association between you and Olya outside of the use of the services provided.

 

Assignment of Rights

Olya reserves the right to assign or transfer its rights and obligations under this Agreement at any time. In the event of such a transfer, Olya will be released from any obligations under this Agreement.

 

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

Additional Terms

Olya may, from time to time, introduce additional terms and conditions specific to certain services offered on the Platform. These additional terms will be published in the relevant sections of the Platform, and you agree that they form an integral part of this Agreement.

 

No Waiver of Rights

Olya’s failure to enforce any provision of these Terms and Conditions does not constitute a waiver of its rights to enforce such provisions in the future.

 

Validity

These Terms and Conditions are effective indefinitely and will remain in force as long as you continue to use the Platform. Olya reserves the right to modify these Terms and Conditions at any time, and any changes will be effective immediately upon publication on the Platform. Continued use of the Platform after such modifications will be deemed acceptance of the revised Terms and Conditions.

 

Section Titles

The titles of the sections in these Terms and Conditions are provided for convenience and will not affect the interpretation of this Agreement.

 

Force Majeure

Olya is not responsible for any delay or failure to perform due to events outside of its control, including but not limited to acts of nature, war, terrorism, or other unforeseen circumstances.

 

Comments, Complaints, and Suggestions

For any comments, complaints, or suggestions, you can contact Olya at hello@olya.ai. Any communication you send does not create any obligation for Olya.

 

Applicable Jurisdiction

You acknowledge and agree that this Agreement is governed by the laws of Mexico. Any dispute arising from this Agreement will be resolved in the courts of Mexico City, regardless of your location or nationality, and you expressly waive any other jurisdiction that may apply.

 

This Agreement is executed electronically and is binding upon both parties.

Last updated: May 30, 2024

 

Olya® is a registered trademark, and the total or partial reproduction by any means or form is prohibited without prior written authorization from the owner.

 

© 2024 Grupo Ixerta S.A.P.I. de C.V.