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Official WhatsApp BSP • AI-powered omnichannel platform • +800 Latin American companies
Legal
Terms and Conditions
Effective date: August 1, 2021
BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE USING ANY SERVICE AS AN EMPLOYEE, AGENT, OR CONTRACTOR OF A CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO SIGN AND BIND SUCH ENTITY TO ACCEPT THE TERMS OF THIS AGREEMENT. THE RIGHTS GRANTED IN THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
Modifications to this Agreement
From time to time, chattigo may modify this Agreement. Unless otherwise specified by chattigo, changes become effective for Customer upon renewal of the then-current Subscription Term or by entering into a new Service Order Form after the updated version of this Agreement becomes effective. chattigo will use reasonable efforts to notify the Customer of the changes through communications through the Customer Account, email or other means.
The "Effective Date" of this Agreement is the date earlier than (a) the Customer's initial access to any Service through any online provisioning, registration, or ordering process, or (b) the effective date of the first Service Order Form, as applicable, referencing this Agreement. This Agreement will govern the Customer's initial purchase on the Effective Date, as well as any future purchases made by the Customer that reference this Agreement.
These Terms of Service (the "Agreement") are entered into between chattigo Inc., a Delaware corporation ("chattigo" or "Provider"), and the person or entity placing an order or accessing the Service ("Customer" or "You"). In consideration of the terms and conditions set forth below, the parties agree to the following:
Service provision
Chattigo will make the Services and Software available to the Customer in accordance with this Agreement, the Supplemental Terms (where applicable), and the Documentation, and will provide such Services in accordance with this Agreement, including the DPA, the BAA (if applicable), the Privacy Notice, and all laws and government regulations applicable to Chattigo's business, during each Subscription Term. During the Subscription Term, Chattigo grants the Customer a limited, non-exclusive right to access and use the Services and Software solely for its internal business purposes, up to the number of Users included in the Service Plan or as indicated on the subscription form, including the right to download, install, and use the Mobile Applications in connection with the authorized use of the Services.
Client Responsibilities
1. Customer account
The Customer may be required to register for an Account to place orders or access or receive the Services. The Customer agrees to keep their Account information current, accurate, and complete so that chattigo can send notices, statements, and other information to the Customer via email or through their Account, notifications which will be subject to this Agreement and the Privacy Notice. The Customer is responsible for maintaining the confidentiality of the User's login information and credentials for accessing the Services and will notify chattigo immediately of any loss, misuse, or unauthorized disclosure of such login information and/or credentials of which the Customer becomes aware. chattigo and its affiliates will not be liable for any damages or losses that may result from the Customer's failure to comply with the foregoing obligations.
2. Restrictions on use
The Client agrees not to use chattigo Technology for:
Processing data on behalf of a third party other than the Client's Users and End Users.
Sending unsolicited communications, junk mail, spam, or other forms of duplicate or unsolicited messages in violation of spam or other laws.
Engaging in illegal conduct, including, but not limited to, violating the privacy or publicity rights of any person.
Storing or transmitting any content that infringes the intellectual property rights of third parties.
Interfere with or disrupt the integrity or performance of the Services and their components.
Posting, transmitting, uploading, linking, sending or storing any content that is illegal, racist, hateful, abusive, defamatory, obscene or discriminatory.
Publish, transmit, upload, link, send or store viruses, malware, Trojan horses, time bombs or any other similar harmful software.
Tracking cookies, advertising exchanges, advertising networks, data brokering, or sending electronic communications (including email) in violation of applicable law.
Furthermore, the Customer will not: license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, or commercially exploit or make the chattigo Technology available to any third party other than Users and End Users; modify, adapt, or pirate the chattigo Technology; falsely imply any sponsorship or association with chattigo; or decompile, reverse engineer, disassemble, reproduce, copy, or access the source code or underlying program of any part of the chattigo Technology.
Client details
Between the parties, the Client and its licensors retain all rights, title, and interest (including any and all intellectual property rights) in and to the Client Data and any modifications made to it in the course of operating the chattigo Technology. Subject to the terms of this Agreement, the Client grants chattigo and its Affiliates a non-exclusive, worldwide, royalty-free right to process the Client Data only to the extent necessary to provide the Services, the Software, the Mobile Applications, and to perform all obligations to the Client under this Agreement, or as required by law.
The customer is solely responsible for the accuracy, content, and legality of all customer data. The customer warrants that they have and will have sufficient rights to the customer data to grant chattigo the rights under this Agreement.
Data security
The parties will comply with the terms of the Data Processing Appendix (“DPA”), which is incorporated into this Agreement by this reference, with respect to the provision and processing of Personal Data as defined in the DPA. Chattigo will use appropriate technical and organizational measures within the Services to protect Customer Data from unauthorized access, processing, loss, or disclosure. Chattigo’s measures are designed to provide a level of security appropriate to the risk of processing Customer Data within the Services.
Intellectual Property
1. Property rights
Customer data is considered confidential customer information under this agreement. The Customer and its licensors retain all rights, title, and interest in and to the Customer Data and all confidential Customer Information provided under this Agreement, and chattigo acquires no rights thereto, except for the rights expressly granted in this Agreement and the Privacy Notice. chattigo and its licensors retain all rights, title, and interest in and to the chattigo technology.
2. Usage data
Usage Data includes, but is not limited to, query logs and any data (other than Customer Data) related to the operation, support, and/or use of the Customer's Services, Software, chattigo websites, chattigo APIs, or chattigo marketplace. Notwithstanding anything to the contrary in this Agreement, chattigo may collect and use Usage Data to develop, improve, support, and operate its products and services.
3. Updates
Chattigo may update the Services and Software from time to time, and the Customer may receive notifications of Updates. Any Update to the Services and Software is subject to this Agreement.
4. Other services
Certain other services, such as third-party applications, are available to the Customer through the Marketplace or other forums ("Third-Party Services"). These Third-Party Services may be integrated with the Services and are not licensed by chattigo under this Agreement, but are governed by the third-party provider's terms and conditions and accompanying privacy policies.
Rates and payment
1. Rates and payment
All charges associated with the Customer Account ("Fees") are set forth in the applicable contract form or website and are due and payable in full within thirty (30) days of the invoice date or as indicated in the applicable contract form. Payment obligations are non-cancellable, regardless of usage by the Customer, and, except as expressly permitted in this Agreement, Fees paid are non-refundable.
2. Overdue payments
If undisputed Fees are more than thirty (30) days overdue, after receiving written notification from chattigo, chattigo may suspend the Customer's access to the Services and/or Mobile Applications, including, but not limited to, the Customer Account, until such unpaid Fees are paid in full.
3. Late payment interest and debt management
Notwithstanding the foregoing, unpaid fees will accrue late payment interest at a rate of one percent (1%) per month, calculated directly on the amounts owed. Late payment will automatically become due the day after the invoice due date, once thirty (30) calendar days have elapsed from that date.
4. Conditions for suspension due to debt
The SaaS platform operates under a mandatory monthly payment plan. In the event of an unpaid invoice, Chattigo will notify the Client or corresponding partner to resolve the situation. If the debt is more than sixty (60) days past due, Chattigo may suspend the service.
5. Payment disputes
Chattigo will not exercise its rights with respect to the Client's non-payment if the Client is reasonably and in good faith disputing the applicable charges and is diligently cooperating to resolve the dispute. If the parties are unable to resolve such dispute within thirty (30) days, each party will be entitled to seek any remedy it may have under this Agreement, at law, or in equity.
6. Applicable taxes
Prices do not include taxes, levies, duties, or similar government assessments, including value-added, sales, use, or withholding taxes levied by any local, state, provincial, or foreign jurisdiction (collectively, "Taxes"). The Customer agrees to pay any applicable direct or indirect taxes associated with their purchases hereunder.
7. Affiliate Orders
Client Affiliates may purchase Services directly from chattigo by completing a subscription form governed by the terms of this Agreement. This subscription form will establish a new and separate agreement between the Client Affiliate and the chattigo entity that signs it.
8. Purchases from channel partners
The Customer may obtain the use of any Service, Software, or Mobile Application from an authorized chattigo reseller, including third-party marketplaces ("Channel Partner"), pursuant to a separate agreement with the Channel Partner. The Customer's use of any service, software, or mobile application acquired through a Channel Partner will be subject to the terms of this agreement.
Termination, termination and suspension
1. Termination
This Agreement becomes effective on the Effective Date and will continue for the Subscription Period then in effect. Service Plans begin on the start date specified in the applicable subscription form and continue for the Subscription Term specified therein.
2. Renewal
Unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the applicable Subscription Term, Service Plans will automatically renew for a period equal to the prior Subscription Term or one year (whichever make it shorter). chattigo reserves the right to increase Fees at the beginning of each Subscription Term.
3. Suspension
Chattigo may suspend the Client's access to the Services, Software, Mobile Applications and/or the Client Account for the following reasons: late payment or non-payment of undisputed Fees; non-renewal of the Services by the Client; breach by the Client or its Users of the usage restrictions; or in the event that Chattigo considers the suspension necessary to prevent a security incident or other harm.
4. Termination for just cause
Either party may terminate this Agreement by giving written notice to the other party if such other party materially breaches this Agreement and fails to remedy such breach within thirty (30) days after such notice, or immediately if the other party is the subject of a bankruptcy petition or any other insolvency-related proceeding.
5. Free trial customers
After the Customer's free trial expires, chattigo may immediately suspend the Customer's access to the Services. The Customer must export their data before the free trial ends, or their data will be permanently deleted.
6. Data export
Upon termination or expiration of this Agreement for any reason, the Customer's access to the Chattigo Services, Software, Mobile Applications, APIs, and other Technology will end. Chattigo strongly recommends that the Customer export all Customer Data before closing the Customer Account.
Confidentiality
Each party shall protect the other party's Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own Confidential Information of a similar nature or importance, and in any case, with minimum care. Except as expressly permitted otherwise under this Agreement, the receiving party may use the disclosing party's Confidential Information only to exercise its respective rights and fulfill its respective obligations under this Agreement.
Warranties / Disclaimer of Warranties
1. Service Guarantee
Chattigo warrants that the Services, Software, or Mobile Applications will function in all material respects in accordance with the Documentation. Provided the Customer gives written notice of a claim within thirty (30) days after the first time it becomes aware of a breach of the foregoing warranty, Chattigo will make every effort to correct the Services, Software, or Mobile Applications.
2. Malware Guarantee
Chattigo guarantees that the Services hosted by Chattigo will be monitored using commercially available means to attempt to detect and prevent the introduction of computer instructions, circuits, or other technological means whose purpose or effect is to disrupt, damage, or interfere with the authorized use of the Services.
3. Waiver of warranty
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS OR PURPOSE NON-INFRINGEMENT.
Limitation of responsibility
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. EXCEPT FOR DATA CLAIMS OR IP CLAIMS, THE TOTAL LIABILITY OF EACH PARTY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS UNDER THIS AGREEMENT SHALL NOT EXCEED FEES RECEIVED OR PAYABLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Compensation
1. Compensation for chattigo
chattigo will defend the Client and its Affiliates against any claim by a third party alleging that the Client's use of chattigo Technology infringes the patent rights, copyrights and/or trademarks of such third party (an "Intellectual Property Claim"), and will indemnify and hold harmless the Client and its Affiliates from and against any damages and costs awarded to the Client or its Affiliates resulting from such Intellectual Property Claim.
2. Compensation by the Client
The Client will indemnify chattigo for any claim arising from the Client's misuse of the Services, including any dispute between the Client or its Affiliate and an end User related to the Client's or Affiliate's commercial offers.
3. Compensation procedures
In the event of a possible indemnification obligation, the indemnified party shall immediately notify the indemnifying party in writing of the claim, allow the indemnifying party the right to control the investigation, defense and settlement, and at the request of the indemnifying party, provide all necessary cooperation.
Others
1. Use of third parties for payment processing
Chattigo may use a third-party service provider to manage payment processing, provided that such service provider is not permitted to store, retain, or use the Customer's payment account information, except to process the Customer's payment information for Chattigo. The Customer must notify Chattigo of any changes to the Customer's payment account information by sending an email to support@chattigo.com.
2. Assignment
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party; provided, however, that either party may assign this Agreement in its entirety, without the consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
3. Entire Agreement
This Agreement, together with any contracting form, the Privacy Notice and the Supplemental Terms, constitutes the entire agreement and supersedes any and all prior agreements or communications between the Client and chattigo with respect to the subject matter hereof.
4. Publicity rights
Chattigo may identify the Customer as a Chattigo customer in its promotional materials. The Customer may request that Chattigo stop doing so by sending an email to legal@chattigo.com at any time.
5. Relationship of the Parties
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
6. Overwhelming force
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to any cause beyond such party's reasonable control, including, but not limited to, acts of God, acts of government, acts of terror or civil unrest, internet failures, or acts of third parties.
7. Governing law
This Agreement is governed by the laws of the State of California without regard to principles of conflicts of law. The parties hereby submit to the exclusive personal jurisdiction of the federal and state courts in the State of California, County of San Francisco, for any claim or dispute relating to this Agreement.
8. Conflict resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement shall be determined by arbitration in San Francisco, California. The arbitration shall be administered by JAMS in accordance with its arbitration rules and procedures.
Customer Obligations
The Client must inform chattigo without undue delay in the event of a malfunction or interruption of the Service.
The Client will be obliged to maintain the confidentiality of personal access data (username and password) against access by unauthorized third parties.
The Client will be obliged to use the Services in accordance with the legal provisions of the territory of intended use.
The Client may not use or make available to the public any data or information with illegal content.
The Client may not use the Services to carry out attacks on chattigo or third parties, such as spam, hacking, brute force attacks, use of spyware, virus or worm attacks.
Term and Termination of an Agreement
Unless otherwise agreed, the contract has a minimum duration, depending on the edition of the Service chosen, of one, twelve or twenty-four months and may be terminated without prior notice at the end of each term.
Notice of termination may be provided by using chattigo's relevant communication tools on its website or in text (email) format.
The right to terminate the agreement for a good cause without prior notice is not affected.
Control of your Data
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection, free of charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time at the address provided in the legal notice if you have any further questions regarding privacy and data protection.
1. Data of the data controller
Business name: CHATTIGO SpA
RUT: 76568706-3
Adress: Avenida El Salto 4001, 4th floor, Huechuraba, Santiago, Chile
Email: contact@chattigo.com
2. Protection of personal data
Head of Cybersecurity / DPO: Claudio Vitagliano, contact: cvitagliano@chattigo.com
What information do we process?
Identifiers such as name, email address, and phone number.
Business information, such as the company name.
Data related to the use that the customer makes of our products or services, including any comments or suggestions that they send us.
How will we use your data?
Managing your account and providing our products and services.
To provide you with promotional information about our products and services.
Track our sales process.
Statistical purposes related to our products and services.
What are my rights?
Right of access: Right to request copies of all your information that is in our records.
Right of rectification: Right to request correction of any information that you believe is inaccurate.
Right of withdrawal: Right to ask us to delete all your information that is in our records in certain circumstances.
Right of limitation: In certain circumstances, you may ask us to limit the processing of your information.
Right of opposition: You can object to our processing of your data even when we are authorized by law to do so.
Right to data portability: You can ask us to transfer all of your information that we have to another company or to provide it to you.
If you wish to exercise any of these rights, you can contact us at contacto@chattigo.com or write directly to our Data Protection Officer.
Changes to our Privacy Policy
At Chattigo, we continually review our privacy practices and policies, and we post any changes on this website. This document was last updated in May 2025.
Definitions
"Account" means any account or instance created by or on behalf of the Customer to access and use any of the Services.
"Affiliate" means, with respect to a part of this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such part.
"Confidential information" means all information disclosed by one party to the other, orally, in writing or electronically, that is designated as "confidential".
"Customer Information" means all electronic data, texts, messages or other materials sent to the Services by the Client or its Users through the Client Account.
"Documentation" means the user documentation generally available and current at that time provided by chattigo that details the functionalities of the Software and Services.
"End user" means any person or entity other than the Client or the Client's Users with whom the Client interacts using the Services.
"Chattigo technology" means the Services, the Software, the Mobile Applications, the Documentation, the chattigo APIs, the chattigo websites and any content published on the chattigo websites.
"Services" This means the chattigo software-based service offerings identified in the contract form and any updates.
"Subscription period" means the period set out in a contract form during which the Client subscribes to the Services.
"User" o "Agent" means any individual who is authorized by the Client to use the Services.
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