Terms of Service

1. Acceptance of Terms

By accessing and using Elocuenti, you accept these terms of service in their entirety. If you disagree with any of these terms, you must not use our services.

2. Description of Service

Elocuenti is a SaaS platform that enables businesses to:

• Send and receive messages through the WhatsApp Business API.
• Automate abandoned cart recovery.
• Manage customer conversations.
• Create and send WhatsApp marketing campaigns.
• Access messaging analytics.

3. Account Requirements

To use Elocuenti you must:

• Be of legal age in your jurisdiction.
• Provide accurate and current information when registering.
• Maintain the confidentiality of your credentials.
• Have a verified WhatsApp Business account or be willing to create one.
• Comply with Meta / WhatsApp business policies.

4. Acceptable Use

You agree not to use Elocuenti to:

• Send spam or unsolicited messages.
• Violate WhatsApp Business policies or applicable laws.
• Impersonate others or commit fraud.
• Distribute illegal, offensive, or harmful content.
• Attempt to access other users' accounts without authorization.
• Interfere with the operation of the platform.

5. WhatsApp Policies

By using Elocuenti, you also agree to comply with Meta / WhatsApp policies, including the commercial messaging policies, WhatsApp privacy policy, and WhatsApp Business Platform terms of service.

6. Billing and Payments

Use of Elocuenti may be subject to charges:

• Subscription plans are billed monthly or annually.
• WhatsApp message costs are additional and depend on Meta's rates.
• Prices may change with 30 days' prior notice.
• No refunds are made for partial subscription periods.

7. Intellectual Property

Elocuenti and all its content are the property of Elocuenti or its licensors. Your content (messages, contacts, etc.) remains your property.

8. Limitation of Liability

Elocuenti is provided “as is.” We do not guarantee that the service will be uninterrupted or error-free. In no event shall we be liable for indirect, incidental, special, or consequential damages.

9. Suspension and Termination

We may suspend or terminate your access to Elocuenti at any time if you violate these terms or WhatsApp policies.

10. Modifications to Terms

We reserve the right to modify these terms at any time. We will notify you of significant changes at least 30 days in advance.

11. Personal Data Processing

When you use Elocuenti to talk to your customers, your business acts as the Data Controller of those customers' personal data, and Elocuenti acts as the Data Processor: we process it only under your instructions and as needed to provide the service. For your own account data (users, billing, security), Elocuenti is responsible under our Privacy Policy. This processing is governed by the following rules:

• Limited purpose: we use your customers' data only to provide the contracted service and never combine it with other businesses' data.
• Artificial intelligence: we do not use your conversations or your customers' data to train our own AI models, nor do we allow our AI providers to use them to train theirs. We only use irreversibly aggregated and anonymized data to improve the service.
• Providers (sub-processors): we rely on cloud infrastructure, database, messaging, and artificial intelligence providers, which process data in the United States under contractual confidentiality and security obligations. The current list is available upon request. We will notify you at least 30 days before adding a new provider that processes your customers' data, and you may object on reasonable data protection grounds.
• Security incidents: if an incident compromises your customers' personal data, we will notify you without undue delay and no later than 72 hours after becoming aware of it.
• Data subject rights: if one of your customers contacts us to exercise their rights over their data, we will forward the request to you and provide reasonable technical assistance to respond.
• Deletion: when your account ends, we will delete your customers' personal data from our active systems within the following 30 days, with the option to export it first, except for what is strictly necessary to comply with legal obligations.
• International transfers: since our providers process data outside Colombia, we apply contractual safeguards in accordance with Law 1581 of 2012 and its regulations. Nothing in these terms excludes mandatory data protection rules that may apply.

If your business requires a signed data processing agreement (DPA), write to us at legal@elocuenti.com.

12. Applicable Law

These terms are governed by the laws of Colombia. Any dispute will be resolved in the competent courts of Bogotá, Colombia.

13. Contact

For questions about these terms, write to us at legal@elocuenti.com.