Terms & Conditions

Last Updated: December 4, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the WhatsApp Genial service operated by WhatsApp Genial ("us", "we", or "our").

1. Definitions

For the purposes of these Terms and Conditions:

• "Service" refers to the WhatsApp Genial AI-powered chatbot service and all related features and functionalities.
• "User," "You," or "Your" refers to the individual or entity using the Service.
• "Account" means the unique account created for You to access our Service.
• "Content" refers to text, images, data, or other materials uploaded or transmitted through the Service.
• "Subscription" refers to the paid plan You select to access premium features of the Service.

2. Acceptance of Terms

By creating an account, accessing, or using WhatsApp Genial, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Eligibility

To use our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Maintain a valid WhatsApp Business account

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Restrictions

You may not:

• Create multiple accounts for fraudulent purposes
• Share your account credentials with others
• Transfer or sell your account to another party
• Use automated means to create accounts or access the Service

4. Service Description and Usage

4.1 Service Features

WhatsApp Genial provides an AI-powered chatbot that integrates with your WhatsApp Business account to:

• Respond to customer inquiries automatically
• Qualify leads and route conversations
• Process orders and bookings
• Provide customer support 24/7
• Generate analytics and insights

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in mass marketing without consent
• Harass, abuse, threaten, or discriminate against others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service's operation
• Use the Service for fraudulent or deceptive purposes
• Scrape, copy, or reverse engineer any part of the Service
• Violate WhatsApp's Business Policy or Terms of Service
• Impersonate any person or entity

4.3 WhatsApp Compliance

You must comply with:

• WhatsApp Business API Terms of Service
• WhatsApp Business Policy
• WhatsApp Commerce Policy (if applicable)
• All applicable messaging and privacy regulations

5. Subscription and Payments

5.1 Free Trial

We may offer a free trial period. After the trial expires, your account will be converted to a paid subscription unless you cancel before the trial end date.

5.2 Subscription Plans

Our Service offers various subscription tiers with different features and pricing. By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Automatic renewal unless you cancel before the renewal date
• Price changes with reasonable notice (typically 30 days)

5.3 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually based on your selection
• Payment Methods: We accept credit cards, debit cards, and other payment methods as indicated
• Automatic Renewal: Your subscription will automatically renew unless cancelled
• Failed Payments: Service may be suspended if payment fails; account may be terminated after repeated failures

5.4 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time from your account settings
• Effect of Cancellation: Access continues until the end of your current billing period
• Refunds: No refunds for partial subscription periods unless required by law
• Money-Back Guarantee: [Specify if applicable, e.g., "30-day money-back guarantee for first-time subscribers"]

5.5 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, duties, and government charges.

6. Intellectual Property Rights

6.1 Our Rights

The Service and its original content, features, and functionality are owned by WhatsApp Genial and are protected by:

• Copyright, trademark, and patent laws
• International intellectual property treaties
• Other proprietary rights

6.2 Your Content

You retain ownership of all content you upload to the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, reproduce, and process your content to provide the Service
• Train and improve our AI models (anonymized)
• Display your content through the chatbot to your customers

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without compensation or attribution.

6.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use our trademarks without written permission

7. Data and Privacy

7.1 Data Processing

We process your data in accordance with our Privacy Policy. By using the Service, you consent to such processing.

7.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that:

• No internet transmission is completely secure
• You use the Service at your own risk
• We are not liable for unauthorized access resulting from circumstances beyond our control

7.3 Your Responsibilities

You are responsible for:

• Obtaining necessary consents from your customers for data processing
• Complying with applicable data protection laws (GDPR, CCPA, etc.)
• Maintaining your own backups of critical data

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted service. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or repairs
• Third-party service disruptions (WhatsApp, hosting providers)
• Events beyond our reasonable control

8.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service
• Update features and functionality
• Change API integrations or capabilities
• Impose usage limits or restrictions

We will provide reasonable notice of material changes when possible.

9. Third-Party Services

9.1 WhatsApp Integration

Our Service integrates with WhatsApp Business API. You acknowledge that:

• WhatsApp has its own terms and policies you must comply with
• We are not responsible for WhatsApp's actions, downtime, or policy changes
• Your use may be subject to WhatsApp's rate limits and restrictions

9.2 Other Third-Party Services

The Service may integrate with or link to third-party services. We are not responsible for:

• The content or practices of third-party services
• Their availability or performance
• Any damages resulting from your use of third-party services

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

10.2 AI Limitations

You acknowledge that:

• AI responses may not always be accurate or appropriate
• The chatbot may occasionally provide incorrect information
• You are responsible for monitoring and reviewing AI-generated responses
• We are not liable for any damages resulting from AI responses

10.3 Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless WhatsApp Genial and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Content you upload or transmit through the Service
• Your customers' complaints or disputes

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting our support team

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• You violate WhatsApp's policies
• Your payment fails repeatedly
• We reasonably believe your use poses a security risk
• Required by law or legal process

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your data will be retained for 90 days, then permanently deleted
• You remain liable for all fees incurred before termination
• Provisions that should survive termination will remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at support@marketinggenial.com to attempt informal resolution.

13.2 Arbitration Agreement

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except:

• Small claims court matters
• Intellectual property disputes
• Claims seeking injunctive relief

13.3 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as a plaintiff or class member in any class or representative action.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law provisions.

You agree to submit to the exclusive jurisdiction of courts located in [Your Jurisdiction] for resolution of any disputes.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification for material changes
• Displaying a notice when you log in

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhatsApp Genial regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Pandemics or health emergencies

16.6 Survival

Provisions that by their nature should survive termination shall survive, including: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Contact Information

If you have any questions about these Terms, please contact us:

BY USING WHATSAPP GENIAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.