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Learn about the general terms and conditions of use for our platform and services.
By accessing, browsing, or using this website and any of the services offered through it (hereinafter, the "Platform"), you agree to be bound by these Terms and Conditions (the "Agreement"). This Agreement constitutes a legally binding contract between you, either as an individual or as a representative of a legal entity (hereinafter, "User" or "you"), and [Company Name] (hereinafter, "the Company", "we", or "our"). If you do not agree to all of these terms and conditions, you should not access or use the Platform or any of its services.
The Company reserves the right to modify these terms at any time, notifying you of such changes through the Platform or via the registered email address. Continued use of the Platform after the publication of any modification constitutes acceptance of such changes. We recommend that you periodically review this page to stay informed of any updates. The date of the last update is indicated at the beginning of this document.
"Platform" refers to the website located at [Platform URL] and all its subdomains, including all content, services, and products provided through it.
"Service" or "Services" refers to the applications, software, products, and functionalities provided by the Company through the Platform, including but not limited to product catalog browsing, communication via WhatsApp, interaction with the artificial intelligence agent, appointment scheduling, and the contact form.
"User" refers to the natural person who has visited or is using the Platform or Services, who accesses or uses any part thereof, or who directs the use of the account in the performance of their functions. The User must be over 18 years of age.
"Content" refers to the content displayed or available through the Platform, including without limitation texts, data, articles, images, photographs, graphics, software, applications, designs, functionalities, and other materials available on the Platform or through the Service.
"User-Generated Content" or "Customer Data" is the Content, written or otherwise, created or provided by our Users, including WhatsApp messages, product reviews, article comments, inquiries through the contact form, and any other information the User decides to share through the Platform.
The Platform provides an informative and commercial website that allows Users to explore products, services, editorial content, and schedule appointments or consultations. Communication and management of orders, inquiries, and reservations is carried out through the WhatsApp messaging platform, using an artificial intelligence agent as the first point of contact to handle requests, answer questions, and refer to human staff when necessary.
The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, or discontinue temporarily or permanently any aspect of the Platform or its services, including access thereto. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.
To use the Platform's services, you declare and warrant that: (a) you are at least 18 years of age; (b) you have sufficient legal capacity to accept these terms; (c) the information you provide is truthful, complete, and current; and (d) you are a human being and not a "bot" or other automated method. The Platform is not directed to minors under 18 years of age, and we do not knowingly collect or store information from persons under that age. If we become aware that a User is under 18 years of age, we will cancel their account and delete their data.
Use of certain Platform features, such as sending messages via WhatsApp, requires providing a valid telephone number. You are responsible for maintaining the confidentiality of your number and any activity that occurs under it. The Company shall not be liable for any loss or damage arising from the unauthorized use of your telephone number. Login, when available, is for personal use only and non-transferable.
By providing your telephone number and using the WhatsApp functionality, you expressly consent to receive commercial and informational communications through this medium. These communications include, but are not limited to, confirmation of inquiries, responses to information requests, notifications about products or services, and updates on the status of your orders or appointments.
You acknowledge that communications sent through WhatsApp may initially be processed by an artificial intelligence agent before being referred to a human agent when necessary. These conversations are stored temporarily and anonymously for service improvement and quality control purposes. You may request the deletion of your conversation history at any time by contacting us through the channels indicated on the Platform.
For contractual purposes, you consent to receive communications from us electronically through the email address you have provided or through the Platform. Legal notices to the Company must be in writing and sent to [email@example.com].
The prices of products and services shown on the Platform are expressed in the local currency of the operating country and include applicable taxes according to current legislation, unless expressly stated otherwise. The Company reserves the right to modify prices at any time without prior notice, with the prevailing prices at the time of the inquiry or request being applicable.
Transactions are managed directly through the conversation with the WhatsApp agent, where payment and delivery terms will be agreed upon. The Company does not store credit card information or sensitive financial data in its systems. Any payment processed through third-party platforms will be governed by the terms and conditions of those platforms.
All contents of the Platform, including but not limited to texts, graphics, logos, icons, images, audio clips, digital downloads, and software, are the property of the Company or its content providers and are protected by applicable intellectual property and copyright laws. The compilation of all contents of the Platform is the exclusive property of the Company and is protected by applicable laws.
Strictly prohibited is the reproduction, distribution, modification, public display, transmission, or any other unauthorized use of the Platform's contents without the prior written consent of the Company. The software used on the Platform is the property of the Company or its software providers and is protected by applicable intellectual property laws. The visual appearance and user experience of the Platform are protected by copyright. You may not duplicate, copy, or reuse any part of the HTML/CSS, JavaScript, or visual elements without express written authorization.
By using the Platform and Services, you agree to comply with this Acceptable Use Policy. In short: be respectful and do not use our services for illegal or abusive activities.
Legal Compliance: Your use of the Platform and Services must not violate any applicable law, including copyright laws, trademark laws, export control laws, or other laws of your jurisdiction. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.
Content Restrictions: You agree that you will not post, host, transmit, or share any Content that: is illegal or promotes illegal activities; contains sensitive personal information without consent; is obscene; is defamatory, fraudulent, or discriminatory; contains malware, viruses, or exploits; infringes on third-party intellectual property rights; or constitutes spam, unsolicited messages, or unauthorized advertising.
Conduct Restrictions: You agree not to: harass, abuse, threaten, or incite violence; use our servers for excessive automated activities (such as spam); attempt to disrupt or alter the Company's servers; impersonate any person or entity; violate the privacy of third parties; or perform data mining or automated content extraction from our Platform.
Service Usage Limits: You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell, or exploit any part of the Service without express written authorization. You must not use the Services as remote storage or for the primary purpose of providing downloadable content. You must not rent, lease, or lend access to the Platform to third parties.
Content Ownership: You retain ownership and responsibility for the User-Generated Content you create or own. Your Customer Data remains your data at all times. You are solely responsible for ensuring that your data and your use thereof comply with this Agreement and applicable law.
License to the Company: In order to provide the Services, we need certain legal permissions. You grant us the right to store, process, and display your User-Generated Content, and make incidental copies as necessary to operate the Platform and provide the Services. This includes storing on our infrastructure, backing up, and displaying content as requested. This license does not grant us the right to sell your User-Generated Content or distribute it outside of the provision of the Service.
Right to Remove Content: We do not pre-screen User-Generated Content, but we reserve the right (though not the obligation) to reject or remove any User-Generated Content that, at our sole discretion, violates this Agreement or any Company policy.
Data Processing: The processing of personal data contained in User-Generated Content will be carried out in accordance with our Privacy Policy and Data Policy, which form an integral part of this Agreement.
The Platform and Services are provided "as is" and "as available," without warranty of any kind, whether express or implied. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied, or statutory, with respect to the Platform and Services, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
The Company does not guarantee that: the Platform or Services will meet your requirements; the Platform or Services will be uninterrupted, timely, secure, or error-free; the information provided through the Services will be accurate, reliable, or correct; any defects or errors will be corrected; the Platform or Services will be available at a particular time or place; or the Platform or Services will be free of viruses or other harmful components. You assume all responsibility and risk of loss resulting from your use of the Services and the Platform.
To the maximum extent permitted by applicable law, the total and cumulative liability of each party to the other party or any third party under this Agreement for all causes of action and all theories of liability shall be limited to and shall not exceed the amount you have effectively paid us during the 12 months preceding the claim that gave rise to such liability.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, resulting from: (a) the use or inability to use the Platform or Services; (b) the cost of acquiring replacement services or products; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Platform; or (e) any other matter relating to the Platform or Services.
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, directors, agents, employees, advertisers, licensors, suppliers, and partners (collectively, "the Company and its Partners") from and against any third-party claims arising out of or related to: (a) your breach of these Terms or the Acceptable Use Policy; (b) your use of the Company's products and services; (c) your violation of applicable laws, rules, or regulations in connection with the Company's products and services; or (d) your Content or User-Generated Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), judgments, litigation costs, and attorneys' fees, of any kind and nature. In such case, the Company will provide you with written notice of such claim, demand, or action. You are not authorized to resolve any claim, demand, or action regarding the Company without the Company's prior written consent.
Cancellation by the User: It is the User's responsibility to manage the deletion of their data. You may request the cancellation of your information and the deletion of your conversation history at any time by contacting us through the channels indicated on the Platform or via the WhatsApp agent using the command "Delete my data".
After Cancellation: We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. After the legally required period, we will delete your data from our active systems, although certain information may remain in backups for an additional period. This information cannot be recovered once deleted.
Termination by the Company: The Company has the right to suspend access to all or any part of the Platform, Services, or your account at any time, with or without cause, with or without prior notice, effective immediately if: (i) we modify how we provide or discontinue any Service; (ii) we reasonably determine that your use of the Services represents a risk to the availability, functionality, or security of the Services; (iii) we reasonably determine that your use of the Services may be unlawful; or (iv) you have ceased operations in the ordinary course of business or have become subject to any bankruptcy, reorganization, liquidation, or similar proceeding.
Inactivity: The Company may delete inactive accounts. An account is considered inactive if it has not used any Service for more than 12 consecutive months.
This Agreement shall be governed by and construed in accordance with the laws of the country where the Company has its principal place of business, without giving effect to any conflict of laws principles. Any dispute arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of said jurisdiction.
If any provision of this Agreement is held invalid or unenforceable, such provision shall be interpreted consistently with applicable law to reflect, to the extent possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ecuador, in particular the provisions of the Organic Law on Protection of Personal Data (LOPDP), published in Official Gazette Supplement 459 of May 26, 2021, and other applicable regulations. Any controversy arising from or relating to this Agreement shall be submitted to the jurisdiction and competence of the judges and courts of the city of [city], Ecuador, with express waiver of any other jurisdiction that may correspond to it.
We reserve the right, at our sole discretion, to modify this Agreement at any time, and we will update this Agreement in the event of such modifications.
If we modify this Agreement: we will post the modification on the Platform or provide you with notice of the modification. We will also indicate the date of the last update at the beginning of this Agreement. By continuing to access or use the Services and/or the Platform after we have posted a modification on the Platform or provided you with notice of a modification, you indicate that you agree to be bound by the modified Agreement. IF THE MODIFIED AGREEMENT IS NOT ACCEPTABLE TO YOU, STOP USING THE SERVICES AND PLATFORM IMMEDIATELY.