Terms of Service

1) Definitions

• Agentia: A conversational agent and automation platform for customer service, sales, and support, integrating with WhatsApp Business Platform (Cloud/API), webchat, and third-party systems (e-commerce, CRM/ERP, calendars, analytics).
• Professional Services: Consulting, training, onboarding, custom development, and integration work.
• Customer Data: Information and content the Customer or its End Users provide or generate while using the Service.
• End User: A person interacting with Agentia (e.g., via WhatsApp or webchat) in relation to the Customer’s services.

2) Service Scope

The exact features you receive are specified in your current proposal, quote, or order (the “Order”). Agentia may include: (i) handling inquiries; (ii) appointment booking; (iii) e-commerce integrations to view/create orders and statuses; (iv) calendar integrations; (v) reports/dashboards; (vi) multi-channel messaging; and (vii) automations.

The Service integrates with and depends on third parties (Meta/WhatsApp, Google, messaging providers, hosting, payment gateways, etc.). Their policies and availability may affect the Service. We may update or deprecate features without materially reducing security or Order compliance, and we will provide reasonable notice for substantial changes.

3) Accounts, Eligibility & Acceptable Use

• Account & access: The Customer is responsible for configuration, credentials, and permissions, and for protecting dashboards, APIs, and WhatsApp numbers.
• Acceptable use: No spam; no unlawful, fraudulent, or rights-infringing content; no messaging without valid consent; no impersonation; no interference with the Service’s security or stability.
• Customer content: The Customer warrants it has the rights and legal basis to use its data, contact lists, and templates, and will hold FlowNex AI harmless from third- party claims caused by the Customer’s non-compliance.

4) WhatsApp Business Platform Requirements

• Opt-in / Opt-out: The Customer must obtain a clear, prior, informed opt-in naming the business display name, and provide effective opt-out options (e.g., STOP, BAJA, ALTO, UNSUBSCRIBE). Keep evidence.
• 24-hour window & templates: Outside the 24-hour customer-care window, only approved template messages (HSM) may be sent for permitted categories (marketing, utility, authentication, etc.).
• Content & commerce: Comply with the Business Messaging Policy and Commerce Policy. FlowNex AI may reject, pause, or block non-compliant content or campaigns.
• Numbers, display name & limits: Legitimate ownership/use of connected numbers, accurate display name, and adherence to quality ratings, verifications, and conversation-based fees.
• Responsibilities: The Customer is responsible for template text, segmentation, frequency, and handling data subject requests.

5) Google (GCP / OAuth Login) Requirements

• Subject to OAuth/Brand verification and the Google API Services User Data Policy (Limited Use).
• Use of Google data: Limited to providing or improving the requested, user-visible functionality (e.g., authentication). No ads, and no transfers to third parties except necessary subprocessors or where required by law.
• Authorized domains: Home, Privacy Policy, and Terms must be hosted on verified domains consistent with your OAuth consent screen.

6) Privacy, Security & Data Deletion

Personal data processing is governed by our Privacy Policy, which is incorporated by reference.

• Subprocessors: We may use providers for infrastructure, messaging, analytics, and support under confidentiality and security obligations.
• Deletion on request: Requests can be made at /privacy/eliminar-datos. For Meta/WhatsApp integrations, we support a Data Deletion Callback where applicable.
• Retention: We keep data as needed to provide the Service, comply with law, or resolve disputes. We may retain anonymized, aggregated metrics.
• Security: Reasonable technical and organizational measures (in-transit encryption, access controls, environment segmentation). The Customer must protect its own credentials and third-party secrets.

7) Pricing, Billing & Usage Limits

• Fees: As stated in the Order. WhatsApp conversation fees and other third-party costs may be billed as pass-through or included in your plan.
• Limits: We may apply technical limits (messages/month, throughput, storage).
• Taxes & late payment: Prices exclude taxes unless stated. Overdue amounts may accrue interest and/or trigger suspension after notice.

8) Service Levels & Support

We strive for high availability but cannot guarantee uninterrupted service given third-party dependencies. If a SLA is contracted, it applies as set out in the Order; otherwise, support is provided on a best-effort basis during local business hours. Maintenance windows—planned or emergency—may occur.

9) Intellectual Property

• Customer IP: The Customer retains ownership of its data and content and grants FlowNex AI a limited license to use it to provide and improve the Service, comply with law, and produce non-identifiable aggregated metrics.
• FlowNex AI IP: FlowNex AI and its licensors retain all rights in the software, documentation, know-how, designs, models, flows, and prompts. No implied licenses.
• Feedback: May be used freely to improve the Service.

10) Confidentiality

Each party will keep the other’s non-public information confidential and use it solely to perform under these Terms, unless required by law or expressly permitted in writing.

11) Legal Compliance

The Customer will comply with applicable laws (consumer, data protection, telecom/spam, e-commerce, IP) and with third-party policies (Meta/WhatsApp, Google, etc.). We may suspend the Service upon risk of non-compliance, abuse, or fraud.

12) Warranties & Limitation of Liability

• AS-IS: The Service is provided “as is” and “as available”. We do not guarantee specific outcomes, template approvals, or platform verifications.
• Limitation: To the extent permitted by law, FlowNex AI’s total liability for all claims related to the Service is limited to amounts paid by the Customer to FlowNex AI in the 12 months preceding the event. We are not liable for indirect damages, loss of profits, or loss of data/reputation.

13) Term, Suspension & Termination

• Term: Effective upon acceptance and for the period stated in the Order.
• Suspension: Possible for non-payment, security risks, non-compliance with Meta/WhatsApp or Google policies, or misuse.
• Termination: For uncured material breach after 15 days’ notice, or for convenience as set out in the Order. Upon termination, access ceases and data is returned/deleted in line with Section 6.

14) Assignment, Subcontracting & Changes

The Customer may not assign without FlowNex AI’s written consent (except for non-adverse internal reorganizations). We may subcontract parts of the Service. We may update these Terms; the changes take effect upon publication or on the indicated date.

15) Governing Law & Venue

These Terms are governed by the laws of Chile. Disputes will be resolved by the competent courts at FlowNex AI’s domicile in Chile, unless mandatory law provides otherwise.

16) Contact

Appendix A — Meta / WhatsApp

• Compliance with Business Messaging Policy, Commerce Policy, template guidelines, opt-in/opt-out, 24-hour window, and template approvals.
• WhatsApp may pause/reject templates; conversation-based fees apply per the current category.

Appendix B — Data & Deletion

• Data subject rights: access, rectification, update, portability, and deletion under applicable law and https://flownexai.com/privacy.
• Data Deletion Callback (Meta): when access is revoked, we initiate deletion consistent with https://flownexai.com/privacy/eliminar-datos.

Appendix C — Agentia Service & Support

• Implementation: onboarding, channel connections (WhatsApp Cloud/API, webchat), integrations (e-commerce, calendars, CRM/ERP, analytics), and security.
• Maintenance: reasonable monitoring, updates, and patches.
• Observability: usage dashboards/reports (messages, conversations, conversions) as per the Order.
• Typical limits: plans include a monthly message allowance and throughput caps; overages are billed.

Appendix D — Subprocessors & Third Parties (Reference)

Cloud infrastructure, networking and messaging; storage and backups; operational analytics; CI/CD and monitoring. A current list is available upon request or in onboarding materials.