Terms of Service

1. Scope of the service

TourBrain gives tourism service providers a business listing in its catalog, visible to users through the general catalog and the AI conversational assistant. The service operates in the cities enabled on the platform; new cities may be added without prior notice.

2. Available plans

Basic plan — $15 USD/month:

• ·Business listing in the catalog of the city where it operates
• ·Up to 1 location (branch)
• ·Up to 2 published products or services
• ·Email notification for each new booking

Pro plan — $30 USD/month. Everything in Basic, plus:

• ·Priority placement in the catalog: Pro listings appear before Basic ones; within each group, order is determined by customer ratings
• ·Up to 5 locations (branches), in the same or different cities
• ·Up to 5 products or services, each with a photo
• ·Direct WhatsApp contact button on the public listing
• ·Real-time WhatsApp notification in addition to email for each new booking

Plan details may be updated. Price changes do not apply retroactively to subscriptions already active within the current cycle.

3. Registration and accuracy of information

The Provider is responsible for the accuracy of the information published in its listing (business name, locations, address, services, prices, hours). TourBrain reserves the right to request documentation proving the legal operation of the business and to suspend listings with false or misleading information.

The Transportation category follows a different registration process than the rest: it is not available for instant self-service registration. Only fleet-owning companies or transportation unions may apply, through a request that TourBrain manually reviews and approves before publishing any listing in that category.

Mandatory verification: every business published on TourBrain, whether on a paid plan or free publication, must prove that it exists and actually operates. Either of the following is enough: (a) its public Google listing, or (b) a photograph of its storefront, premises or sales point showing its name or logo, together with its website or social media. The listing is published immediately and verification takes place over the following days, without holding publication back. If the business does not prove its existence within the period communicated by email, TourBrain may remove its listing from the catalog. The storefront photograph is internal verification information: it is not published on the listing nor shown to travelers.

3 bis. Free-for-life publication

TourBrain may offer, for a limited time and limited number of spots, a permanent free publication option ("free for life") on the Basic plan, with no monthly charge and no credit card required. It is available only for certain categories and for a limited number of businesses per city; a spot is taken when the listing is published and released if the business stops being published.

This option waives the monthly subscription charge, but NOT the commission on closed sales nor the booking deposit, which apply on the same terms as for any other Provider.

The benefit is retained as long as the business continues to exist, operate and keep its listing current and verified. TourBrain may end the benefit and release the spot if the business closes, ceases operations, abandons its listing, stops being verifiable under section 3, or breaches these Terms. The benefit is personal and non-transferable: it cannot be assigned, sold or transferred to another business or owner.

A Provider with free-for-life publication may subscribe to a higher paid plan at any time. If they later cancel that paid plan, they do not lose their publication: they automatically return to their free Basic plan, provided they still meet the conditions of this section.

4. Provider obligations

• ·Keep contact information, locations and business details up to date.
• ·Handle bookings and requests generated by the platform with accurate information.
• ·Honor bookings confirmed with a paid deposit, or give as much advance notice as possible when unable to.
• ·Not publish fraudulent or misleading content, or content infringing third-party rights.
• ·Comply with applicable tourism and tax regulations in Mexico.

5. Intellectual property

The software, design, TourBrain brand and conversational technology are property of Creativa Balam. The Provider retains rights over the content and images it uploads about its own business, and grants TourBrain a license to display that content within the platform while the subscription is active.

6. Limitation of liability

TourBrain acts as a technology intermediary connecting travelers with service providers. It is not responsible for the quality, safety or fulfillment of the tourism service offered by the Provider, nor for disputes between the Provider and its end customers. The only exception is the handling of the booking deposit charged through the platform, governed by the Deposits and refunds policy.

7. Suspension and termination

TourBrain may suspend or remove a listing for breach of these Terms, unresolved non-payment after the grace period, or fraudulent information. The Provider may cancel its subscription at any time from its dashboard.

8. Changes

These Terms may be updated periodically. Substantial changes will be notified to the Provider at least 15 days in advance by email.