Terms of Service

These Terms of Service govern the relationship between the Provider (see "Provider Identity") and the businesses that subscribe to Welcomy ("the Platform"), and the use of it by their users: administrators, operators and station accounts (display, kiosk, till). By creating an account or subscribing to a plan, the business accepts them, and whoever accepts them states that they are authorised to bind it. If you do not agree, you may not use the Platform.

Visitors. People who take a ticket, book, follow an order or answer a survey at a business that uses Welcomy are not party to this contract: they deal with that business and its own terms. How we process their data on the business's behalf is in the Visitors section of the Privacy Policy.

To accept these Terms on behalf of a business you must be of legal age; to use the Platform as a user, at least 16 years old.

Electronic acceptance. You accept these Terms by ticking the box at sign-up or the acceptance button in the app. That acceptance is your consent to enter into this contract by electronic means, under Paraguayan Law 4868/2013 on Electronic Commerce and Law 6822/2021, and we record the version accepted, the date and the time. The current version is always on this page, which you can save or print; if you ask, we email you the version you accepted.

Welcomy is a cloud-based queue management platform that enables businesses to manage visitor flow, generate tickets, track wait times, and provide real-time queue status. The Platform includes visitor-facing interfaces, administrative dashboards, display/kiosk modes, bookings, WhatsApp notifications, order-ready notifications (Order Ready), analytics and an API for integrations, depending on the plan.

The service is offered on free and paid plans. Available features, usage limits and messaging allowances depend on each account's current plan and are listed on the site and inside the application.

We may modify, add or discontinue features. If a change materially reduces a feature included in a paid plan, we will give reasonable advance notice.

"Welcomy" is a trade name operated by Sergio Ballestero, an individual (sole proprietor) with Paraguayan RUC No. 3.733.394-1, domiciled at Teodoro Rojas casi Juana Paula Carrillo, Asunción, Paraguay ("the Provider"). The service contract is entered into with this individual. Invoices for the Platform subscription are legally issued under that RUC.

Assignment. The Provider may assign this contract to a legal entity it incorporates or controls to operate Welcomy, or to a successor to the business, by notifying you by email at least 30 days in advance; if you do not agree, you may cancel before the assignment takes effect, with a pro-rata refund of what you paid and did not use. You may not assign this contract without our written consent.

Contact: email [email protected] · phone and WhatsApp +595 971 268080.

Consumer protection. If you are a consumer under Paraguayan Law 1334/98, besides writing to us you may turn to the Consumer and User Protection Secretariat (SEDECO), sedeco.gov.py.

Certain Platform features require a paid subscription:

• Free plan: it asks for no card and does not expire: it is not a trial that turns into a paid plan on its own. Its limits (branches, desks, users, tickets per day) are shown in the Platform, and we may change them with the same 30 days' notice as prices. An inactive Free account follows the inactive-account rule in the Privacy Policy.
• Plans and pricing: Available plans and their prices are shown in the Platform at the time of purchase. Prices are published in guaraníes (Gs.) and shown VAT-inclusive (10%); the legal invoice itemizes VAT in accordance with Paraguayan law.
• US dollar amounts: Any US dollar amounts shown are indicative only and do not constitute an offer in that currency. Charges are always made in guaraníes. If your card is issued in another currency, the final amount is determined by the issuing bank using its own exchange rate for the day and any conversion fees it applies, none of which are set or seen by Welcomy.
• Billing and renewal: Subscriptions are taken per period (monthly or annually, depending on the plan) and paid through our payment processor (Adams Pay), in one of two ways: manual payment, the default, where the plan continues only if you pay for the next period; or automatic debit, when it is enabled for your account and you save a card, where you authorise the periodic charge of the current amount at the end of each period, unless you cancel beforehand or remove the card (see Help). If the next period is not paid, the account moves to the Free plan when the grace period ends, keeping your data. Whatever exceeds the Free plan's limits (for example, branches or desks) is deactivated, newest first, but not deleted: you turn it back on by moving to a plan that includes it.
• Per-branch charges: Some plans charge per branch on top of the base price. Each cycle's amount is calculated when the charge is issued, based on the branches the account holds, and is itemized on the invoice.
• Electronic invoice: We issue an electronic invoice (SIFEN) under the Provider's RUC stated in "Provider Identity", through our electronic invoicing provider (Goekua), and email it to you within 72 business hours of the payment being credited. It is the user's responsibility to provide accurate billing details (business name, RUC/CI, address).
• Cancellation: You may cancel renewal at any time from your account settings; you retain access to paid features until the end of the period already billed, with no pro-rata refund for unused time, except as provided under "Modifications".
• Failed charges: If a charge fails, we may suspend paid features after a grace period, keeping your data.
• Messaging allowances: The messages included in your plan are assigned per branch, not as a single account-wide total (see Help). Allowances belong to the billed cycle, renew with each cycle and do not roll over to the next one. Message packages purchased separately are bought for one specific branch, are not part of the plan's allowance, and remain valid for 12 months from purchase. Messages already used are consumable and non-refundable. Deleting a branch forfeits any unused messages assigned to it.
• Refunds:
  • Plan: if you are not satisfied, we refund the full amount if you ask within 14 calendar days of the first payment of your first subscription.
  • Message packs: you may withdraw from the purchase within 5 business days if you have not used any of its messages (right of withdrawal, Paraguayan Law 4868/2013, art. 30); once a message has been used, the pack is non-refundable.
  • Outside those cases, renewals and periods already started are not refunded, without prejudice to rights the law does not allow to be waived.
  • Refunds are made through the same payment method and, if the invoice had already been issued, with the corresponding credit note. Ask at [email protected].

Price changes: we may change plans and prices. We notify you by email and in the app at least 30 days in advance; the new price applies only from the next renewal after that period and never affects a period already paid. If you do not agree, you can cancel renewal before it applies.

WhatsApp messages Welcomy sends for your business are deducted from the branch's available messages according to what Meta (WhatsApp Business Platform) reports about each message sent:

• If Meta reports the message was charged, one message is deducted from your allowance or pack.
• If Meta reports the message was not charged, nothing is deducted; if it had been reserved when it was sent, it is returned.
• Until Meta reports on a message, it stays reserved and shows as pending.

You can see whether each notice sent was charged, free or pending in the Analytics → Messaging section of the app.

The data you load into Welcomy, and the data your visitors generate when taking a ticket, belong to you. We process it to provide the service, following our Privacy Policy and the Data Processing Agreement.

When you use Welcomy to serve your visitors, you decide what data to collect and for what purpose. It is your responsibility to have a lawful basis for processing it and to inform those people as applicable law requires.

You can export your account information while the account is active. When the service ends, you may ask us for an export of your business's data for 30 days; after that we delete or anonymise it within the following 30 days, and backups are overwritten on their normal cycle of up to 14 days.

To access administrative features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use.
• Safeguarding the API keys you generate: they are credentials of your account, and anything done with them is treated as done by you. If a key is exposed, revoke it immediately (see Help).

We recommend turning on two-step verification (see Help). We reserve the right to suspend or terminate accounts that violate these terms.

You agree not to:

• Use the Platform for any unlawful purpose.
• Attempt to gain unauthorized access to other accounts or systems.
• Submit false or misleading information.
• Interfere with the proper functioning of the Platform.
• Use automated tools to scrape or extract data from the Platform.
• Use WhatsApp or email notices to send advertising, unsolicited messages or content unrelated to serving the visitor, or in breach of Meta's WhatsApp Business policies. Notices are operational and requested by the visitor; honouring their opt-outs is part of the service.
• Load sensitive data (health data, for example) into free-text fields, notes or service names, beyond what the Data Processing Agreement allows.
• Show on displays, kiosks or public pages content that is unlawful, misleading or offensive, or that infringes third-party rights (trademarks, images, copyright).
• Copy, decompile or reverse-engineer the Platform's software, except as the law expressly allows.
• Resell, sublicense or offer the Platform to third parties as your own service without a written agreement with us.
• Run security, load or penetration tests without our written permission. If you find a vulnerability, tell us at [email protected].
• Circumvent your plan's limits, for example by opening several Free accounts for the same business, or exceed the API usage limits.

All content, designs, logos, and software comprising the Platform are the intellectual property of Welcomy. You may not reproduce, modify, distribute, or create derivative works without our express written permission.

Your content. The content you upload (logos, images, videos, texts, service names) remains yours. You grant us a limited, non-exclusive, royalty-free licence to host, reproduce and display it only as needed to provide the service to you, for as long as it lasts. You confirm you hold the rights to use it that way.

Feedback. If you send us suggestions or comments about the Platform, we may use them to improve it, with no obligation to compensate you.

With your account you will receive operational messages: verification, invoices, expiry notices, plan changes and changes to these Terms. They are part of the service and cannot be turned off while the account is active.

Product news and commercial communications are separate and optional: we send them only if you accepted them in the separate box at sign-up. You can withdraw that consent at any time, with the unsubscribe link each one carries or by writing to [email protected].

For your visitors' data, your business is the controller and Welcomy acts as processor, on your behalf and on your instructions. That processing is governed by the Data Processing Agreement, which forms part of these Terms and prevails over them on personal-data matters. We process your account data and website data as controller, under the Privacy Policy.

Your use of the website and the service is also governed by our Privacy Policy and, for your visitors' data, by the Data Processing Agreement. Both are incorporated into these Terms by reference.

The website and the Platform rely on third-party services. The full list, with what each one does and what data it receives, is in the Third-Party Services section of the Privacy Policy.

We are not responsible for the availability, terms, or privacy practices of these third-party services. Their use is subject to their own respective terms and privacy policies.

The website and the service are provided "as is" and "as available", without warranties of any kind, whether express or implied, except those that applicable law does not allow us to exclude.

We do not warrant that:

• The service will be available at all times without interruption
• The information on the website is accurate, complete, or current
• WhatsApp or email notifications will be delivered without delay, as this depends on third-party providers and carriers
• The service will be compatible with every device, browser or printer

The Platform is provided "as is" and "as available". We use our best efforts to keep the service operational, but we do not guarantee uninterrupted or error-free availability. Plans purchased in the app include no availability commitment (SLA); where one exists, it is set by the Enterprise contract.

To the maximum extent permitted by law, the Provider shall not be liable for: (i) indirect, incidental, special, or consequential damages; (ii) lost profits or business losses arising from service interruptions, delays, or unavailability; (iii) loss of data beyond our backups; or (iv) failures or outages of third-party services (e.g., WhatsApp/Meta, Adams Pay, cloud providers, or internet connectivity). We recommend that businesses keep an alternative manual process in case the Platform is unavailable.

Liability cap: in any event, the Provider's total liability shall not exceed the amount actually paid by that account in the three (3) months preceding the event giving rise to the claim. For accounts on the free plan, that liability is limited to zero (0) guaraníes, as it is a no-cost service.

What these limits do not cover: the exclusions and the cap above do not apply to damage caused by the Provider's wilful misconduct (dolo) or gross negligence (culpa grave), to breaches of its personal-data protection obligations, or to rights that applicable law does not allow to be waived or limited, including, where applicable, consumer rights under Paraguayan Law 1334/98.

Force majeure: the Provider shall not be liable for failures caused by circumstances beyond its reasonable control, including power or internet outages, failures of cloud or messaging providers, natural disasters, acts of authority, or other force majeure events.

You agree to hold the Provider harmless from third-party claims — including from your visitors and from authorities — arising from: (a) the data and content you upload or collect through the Platform, including the lack of a legal basis to process it or of notice to your visitors; (b) use of WhatsApp or email notices in breach of the law or of Meta's policies; or (c) your breach of these Terms or misuse of the Platform. This covers the damages, losses and reasonable expenses those claims cause, including legal fees. It does not apply to the extent the claim is due to a breach by the Provider. We will notify you of the claim without delay and cooperate in the defence.

Your user account. You may delete your account at any time. Deleting your account deactivates it immediately and signs you out; for 30 days you may restore access (see Help), after which your personal information is anonymized (see our Privacy Policy). Deleting your account does not delete your business's data or other users in your account.

Closing the business account. To end your business's service and have its data deleted, an administrator asks at [email protected]. Cancelling renewal or not paying does not end the service: the account moves to the Free plan and keeps its data. The export and deletion periods in "Your Data and Your Visitors’ Data" run from the closure.

Suspension. We may suspend an account, fully or partly, if it breaches these Terms. Except in an emergency, we tell you beforehand by email, with the reason and a reasonable period to fix it. We may suspend without prior notice when needed to stop a security risk, unlawful use, or abuse of WhatsApp notices that puts other customers' messaging service at risk, or when an authority orders it; in that case we explain the reason as soon as possible. Suspension for non-payment follows "Payments, Billing & Subscriptions".

Termination by the Provider. We may end the service for a serious or repeated breach of these Terms. For any other reason, only with at least 30 days' notice by email, refunding pro rata what you paid and did not use; in both cases you can export your data as described above.

We may also deactivate and anonymize accounts that remain inactive with no active subscription, as described in our Privacy Policy. Upon termination, your data is handled according to our Privacy Policy and data-retention schedule.

We may modify these Terms. If a change is substantial — it affects your rights or obligations, the price or what your plan includes — we notify the account's administrators by email and inside the app at least 30 days in advance, stating what changes and from when.

To keep using the Platform from that date, each administrator and user of the account must accept the new version; we record that acceptance with the version, date and time. Silence or mere use does not count as acceptance of a substantial change. Station accounts (display, kiosk, till) keep working: the business's administrator accepts.

If you do not agree, you may cancel before the change takes effect, and we refund pro rata the already-paid part of the period you will not use.

Changes that affect no rights or obligations (wording, clarifications, contact details) are published on this page with their date. Price changes follow the rule in "Payments, Billing & Subscriptions".

These terms are governed by the laws of the Republic of Paraguay. Any disputes arising from these terms shall be submitted to the courts of Asuncion, Paraguay.

For users in the European Union, nothing in these Terms affects your rights under the mandatory consumer protection laws of your country of residence.

If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms of Service, together with our Privacy Policy, the Data Processing Agreement and, if you signed one, your Enterprise contract — which prevails where it provides otherwise — constitute the entire agreement between you and Welcomy regarding your use of the Platform.