General Terms and Conditions
Last updated: May 1, 2026
These Terms and Conditions (the "Terms and Conditions") govern access to and use of the services provided by NEXTGEN CONVERSATIONS CORP and/or its subsidiaries and affiliates for all solutions offered by these entities, including but not limited to the use of and access to its website, web services, digital platform (the "Platform"), and all services and applications (the "Services"), whether under a paid plan, trial, free version, or any other promotion or modality.
NEXTGEN CONVERSATIONS CORP (hereinafter "WeSpeak", "we", or "us") is a corporation organized under the laws of the United States of America, with its registered address at: 1007 North Orange St, 4th Floor, Wilmington, DE 19801, United States of America.
These Terms and Conditions apply to all visitors, users, and individuals who access, subscribe to, or use the Services (hereinafter "you", "User", "Subscriber"). Use of the Services shall include, at a minimum, these Terms and Conditions.
THIS DOCUMENT IS A BINDING AGREEMENT AND GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES—INCLUDING ACCESS BY YOUR AGENTS AND END USERS—UNDER BOTH PAID SUBSCRIPTIONS AND FREE TRIALS.
By accepting this Agreement—whether by accessing or using a Service, or by authorizing or allowing any Agent or End User to access or use a Service—the Subscriber agrees to be bound by this Agreement as of the date such access or use occurs (the "Effective Date"). If you enter this Agreement on behalf of a company, organization, or other legal entity (the "Entity"), you agree to this Agreement for such Entity and represent to WeSpeak that you have the authority to bind such Entity and its Affiliates. In that case, references to "Subscriber", "you", or "your" refer to such Entity and its Affiliates. If you do not have such authority or do not agree to comply with this Agreement, you must not use or authorize the use of the Services. The Subscriber and WeSpeak will each be referred to as a "Party" and collectively as the "Parties".
These Terms and Conditions, together with any updates, modifications, supplemental terms, and related policies, constitute the legal agreement between WeSpeak and you. These Terms and Conditions expressly supersede any prior agreements or commitments between the parties. WeSpeak may modify these Terms and Conditions at any time, providing reasonable notice for acceptance or rejection. If the user continues using or accessing the Services, such continued use will constitute acceptance.
1. Legal Notice
1.1 The purpose of this Agreement is to establish the terms and conditions under which the Subscriber may purchase WeSpeak's Services and any Professional Services described in a Service Order, Statement of Work, or any document signed or agreed upon by the Subscriber. In case of inconsistency or conflict between the main Service Agreement and any Service Order or Statement of Work, the latter will prevail. Translations of this Agreement into languages other than Spanish are provided solely for convenience. In the event of conflict or ambiguity between translations, the Spanish version shall prevail.
1.2 The company may be contacted by email at info@wespeak.pro or by phone at +54 9 11 7827 9502.
2. Access to the Services / Subscription
2.1 You may access and/or use the Services solely to the extent agreed by WeSpeak under this Agreement, the applicable purchase and/or service order(s), and the documentation applicable to the subscribed Service. WeSpeak commits to the service levels detailed in Clause 11 (Support and System Availability – SLA). The Subscriber is responsible for ensuring strict compliance with this Agreement and that it does not infringe any applicable legislation in its jurisdiction.
2.2 The purpose of this Agreement is the engagement of the Artificial Intelligence Agent(s) system, developed to enhance direct communication channels for reservation management suitable for you (Subscriber). The system can be programmed to respond immediately, without limit, 24 hours a day, in multiple languages, subject to the conditions set forth in the subscription, the Purchase and/or Service Order, or any other agreement between the Parties.
2.3 Technical Support. WeSpeak is responsible for making available to you, at no additional cost (subject to particular conditions), a support team to assist with any potential system issues via email, live chat, and phone, on business days in the Republic of Argentina, Monday to Friday, from 9:00 a.m. to 6:00 p.m. (UTC−3). WeSpeak also commits to maintaining a digital help center available 24/7 for your users. If you have purchased a specialized service or one with a different scope, such service will be governed by the corresponding agreement(s).
2.4 Consulting Services. At the Subscriber's request, WeSpeak may provide Professional Services subject to the terms and conditions agreed upon between the Parties.
2.5 Modifications. You acknowledge that WeSpeak may modify the features and functionalities of the Services during the Subscription Term. WeSpeak will notify the registered account holder thirty (30) days in advance of the removal of any significant feature or functionality, and/or of substantial changes to the Service. WeSpeak will endeavor not to materially diminish the overall functionality of the Services acquired by you during the Subscription Term. If you do not accept such changes, you may terminate the Agreement without charge or penalty in accordance with the early termination clauses set forth herein.
3. Use of the Services
3.1 Login Management. Access to and use of certain Services is restricted, for example, to the specified number of individual Users permitted under your subscription/Purchase and/or Service Order, as detailed in the Documentation. For Agent-based Services, the Subscriber agrees and acknowledges that an Agent login may not be shared or used by more than one (1) person per Account. However, Agent logins may be reassigned to new individuals replacing others who no longer need to use the Services on an ongoing basis. You and your Agents and/or staff are responsible for maintaining the confidentiality of all Agent login information for an Account.
In the absence of a written license from WeSpeak expressly stating otherwise, you agree and acknowledge that you may not use the Services, including but not limited to the API, to circumvent the requirement of an individual Agent Login for each individual who (a) leverages the Services to interact with End Users; (b) processes data related to interactions with End Users; or (c) processes data related to interactions originating from a non-WeSpeak Service that provides functionality similar to that provided by the Services and that, under this Agreement, would require an individual Agent Account. Furthermore, the Subscriber will not use the API or any Software in a manner that circumvents the applicable Service Plan restrictions or Agent license restrictions that apply in the Service's user interface. WeSpeak reserves the right to charge the Subscriber—and the Subscriber hereby agrees to pay—for any excessive use of a Service in violation of this Agreement or the features and limitations of the Service Plan on the Site or in the Documentation, in addition to any other remedies available to WeSpeak.
3.2 System Requirements. Internet connection with sufficient speed and minimum latency is required for proper transmission of the Services. You are responsible for acquiring and maintaining the network connections that link the Subscriber's network to the Services, including, among others, the browser software that supports the protocols used by WeSpeak and/or any other protocols accepted/required by WeSpeak, and for following the procedures to access the Services that support such protocols. WeSpeak is not responsible for notifying the Subscriber, Agents, or End Users of any updates, fixes, or improvements to such software or of any compromise of data, including Service Data, transmitted through computer networks or telecommunications facilities (including but not limited to the Internet) that are not owned, operated, or controlled by WeSpeak. WeSpeak assumes no responsibility for the reliability or performance of the connections described in this Section. You will be solely responsible for the activity occurring in your Meta account (including, without limitation, the generation and management of third-party data).
3.3 In-Product Cookies. Whenever you, your Agents, or End Users interact with the Services, the In-Product Cookie Policy shall apply.
3.4 Definitions of Use of the Services (unless otherwise expressly agreed in writing by the Parties):
- Agent: Any automated instance (Artificial Intelligence Agent) deployed by WeSpeak to interact with end users, process requests, provide responses, or perform tasks within a specific communication channel (such as WhatsApp, Facebook, Instagram, email, web forms, among others). Each Agent will be identified by the line or channel on which it operates, and may be configured with particular flows, functions, and permissions as applicable. The use of multiple Agents implies multiple points of automated interaction and will be considered for purposes of service scope and corresponding billing.
- Conversations: A "conversation" means any exchange of messages between an end user (contact) and the WeSpeak system (virtual assistant and/or human intervention), initiated through any of the integrated channels (WhatsApp, Instagram, Facebook, Web, or others). For purposes of this license, a single conversation shall be considered the totality of messages exchanged with the same end user within the same calendar month, regardless of the number of interactions, their content, or any periods of inactivity that may exist. After the calendar month ends, any new message sent by such user will initiate a new conversation corresponding to the following monthly period.
- User: Each member of the Subscriber's staff who has access to and interacts with the Platform provided by WeSpeak, for whatever purpose.
- End User: Any party requesting information, reservations, services, inquiries, etc., who sends messages through any of the integrated channels.
4. Term, Cancellation, and Termination
4.1 Terms and Effective Periods
4.1.1 The term of this Service Agreement begins on the Effective Date and/or upon your payment, and shall remain in effect for as long as you have a valid Purchase and/or Service Order/Statement of Work, or until this main Services Agreement is otherwise terminated in accordance with its terms, whichever occurs first. The Subscription Term shall be defined in each individual Service Order; otherwise, the contract shall be presumed to have a duration of 12 months, with automatic renewal. Unless an Account and the provision of a Service are cancelled in accordance with this Agreement or the applicable Service Order, or unless otherwise indicated in the applicable Service Order: (a) your subscription to a Service (including any and all deployed associated Services) shall renew for a Subscription Period of duration equivalent to the then-current Subscription Period; and (b) the Subscription Charges applicable to any subsequent Subscription Period shall be WeSpeak's standard Subscription Charges for the applicable Service Plan and deployed associated Services at the time of such renewal.
4.1.2 Rate Revision. For the avoidance of doubt, where the subscription is paid monthly, quarterly, or semi-annually, WeSpeak reserves the right to adjust the amounts according to the conditions in effect for the general public, as published on its website or officially communicated. Any modification shall apply to the billing period following its notification.
4.2 Mandatory Minimum Term
The Subscriber undertakes to maintain the subscription active and to comply with the corresponding payments during the first three (3) complete months counted from the date on which WeSpeak begins the system implementation work. This period covers both the time elapsed from the start of the initial implementation process and the subsequent time dedicated to continuous improvements to optimize system performance. If the Subscriber decides to terminate the Agreement before completing such minimum period, it shall pay WeSpeak an amount equivalent to the remaining monthly payments until completion of the three (3) months of mandatory minimum term.
The mandatory minimum term established in this clause shall not be enforceable when the Subscriber has validly exercised the Money-Back Guarantee in accordance with clause 12.
4.3 Unless the Agreement stipulates a fixed term or a minimum duration period, either Party may elect to cancel this Agreement by giving reliable notice as set forth herein to soporte@wespeak.pro with a minimum of thirty (30) days' advance notice, provided that the minimum period stipulated in 4.2 has been met.
4.4 Early Termination for Cause. Either Party may terminate this Agreement early in the event of a substantial breach of contractual obligations by the other Party. The affected Party must notify the breaching Party in writing, granting a period of fourteen (14) calendar days to cure such breach, where curable. Upon expiration of such period without remediation, the affected Party may terminate the Agreement immediately by written notice.
Additionally, either Party may immediately terminate the Agreement, without obligation to grant a cure period, in the following cases:
- Impossibility of performance due to force majeure, including but not limited to natural disasters, pandemics, armed conflicts, civil unrest, acts of governmental authority, or critical disruptions of essential services that make the performance of the contractual object impossible;
- Declaration of bankruptcy, insolvency, dissolution, or cessation of activities of either Party.
4.5 For the avoidance of doubt, and notwithstanding any limitations that may arise regarding the early termination of this Agreement, the Subscriber may request at any time the disconnection or reconfiguration of the chosen communication channel by notifying WeSpeak in writing with a minimum of five (5) business days' advance notice. WeSpeak shall execute such request within the indicated period, without affecting the validity or obligations associated with the other services contracted by the Subscriber.
5. Billing, Plan Modifications, and Payments
5.1 Payment and Billing. Unless expressly provided otherwise in this Agreement, in a Purchase and/or Service Order, in a Statement of Work, or in supplemental conditions, or unless otherwise agreed for Usage Charges, all Subscription Charges are payable in full at the beginning of the Subscription Period (monthly, quarterly, or annually in advance) or, with respect to a deployed associated Service, at the time such deployed associated Service is acquired, subscribed, or otherwise deployed. The Subscriber is responsible for providing valid and up-to-date payment information and agrees to update the account information, including payment information, promptly with any changes that may occur (for example, a change in the Subscriber's billing address or the expiration date of the debit/credit card).
5.2 Payment Method, Due Date, and Consequences of Default
5.2.1 Payment Method. Subscription Payment – Automatic Debit. Unless expressly provided otherwise in this Agreement, in a Purchase and/or Service Order, in a Statement of Work, or in supplemental conditions, the payment method for the contracted services shall be through automatic subscription via electronic payment link, in which the Subscriber registers a valid payment method (credit or debit card) on which the corresponding debits shall be made in each billing period.
5.2.2 Payment by Bank Transfer. Where exceptionally agreed between the Parties, payment shall be made by bank transfer to the account that WeSpeak shall notify to the Subscriber, within the agreed periods. WeSpeak reserves the right, at its sole discretion, not to accept this payment method or to apply an additional administrative charge of up to ten percent (10%) of the invoiced amount for manual collection management, whose specific amount shall be communicated to the Subscriber prior to its application. The Subscriber acknowledges and accepts that the bank transfer modality involves manual reconciliation, recording, and verification processes, and that any delay arising from such processes—including, without limitation, delays in crediting, reference errors, delays of intermediary banks, or any other operational circumstance—shall be the Subscriber's sole responsibility, shall not be attributable to WeSpeak, and shall not constitute grounds for extension of the due dates, suspension, or termination provided in this clause.
5.2.3 Billing Cycle and Due Date. WeSpeak shall issue the corresponding invoice for the applicable subscription period as agreed in the Purchase and/or Service Order, in a Statement of Work, or in supplemental conditions, no less than 14 calendar days in advance. Payment shall be made within 10 business days of receipt of the corresponding invoice. Upon expiration of such period without payment having been made, the Subscriber shall be in default by operation of law, automatically and without need for prior demand or notice, and the charges provided in clause 5.2.8 shall apply.
5.2.4 Default Notices. WeSpeak may, at its sole discretion, send the Subscriber notices via email to the registered address recalling the amount owed and the consequences set forth in this clause, without the omission of such notices affecting the configuration of default or WeSpeak's rights.
5.2.5 Service Suspension and Extension Right. If by the tenth (10th) day of the calendar month payment has not been credited to WeSpeak's systems, without implying a waiver or limitation of any other right or possibility granted in this Agreement, WeSpeak reserves the right to automatically suspend access to and use of the Services by the Subscriber, its Agents, and End Users, without need for further notice.
5.2.6 Service Reactivation. Once payment is confirmed in WeSpeak's systems, access to the Services shall be automatically restored within twenty-four (24) business hours. WeSpeak shall not be liable for interruptions, loss of information, or operational consequences arising from suspension attributable to the Subscriber's default. Payment made by the Subscriber, regardless of the date of crediting within the billing cycle, shall correspond to the entire monthly period and shall apply to the entirety of the current calendar month, without any proration for days of suspension, delay, or non-effective use of the Services. By way of example, if the Subscriber regularizes payment after the due date provided in clause 5.2.3, the invoiced amount shall correspond to the entire calendar month, without discount for the days elapsed until effective crediting. Temporary suspension for default shall not, in any case, generate any right to discount, credit, compensation, or partial refund in favor of the Subscriber.
5.2.7 Automatic Termination for Persistent Non-Payment. If payment has not been made by the last day of the current calendar month, the contract shall be considered automatically terminated for substantial breach by the Subscriber, without need for further notice or for the cure period provided in clause 4.4 of this Agreement. Termination on this ground shall not release the Subscriber from payment obligations accrued up to the date of termination, nor from the minimum term established in clause 4.2 where applicable, and/or from any other rights and obligations agreed in this Agreement, Service Order, or Statement of Work.
5.2.8 Default Interest. On any overdue and unpaid invoice not subject to a good-faith dispute timely notified in accordance with clause 5.5, WeSpeak may apply default interest equivalent to one percent (1%) per month on the amount owed, or the maximum permitted by applicable law, whichever is lower.
5.3 Structure of the First Payment. The first payment shall be a prorated amount corresponding to the days elapsed from the date of signing the contract or service order until the end of the current month. In the case of upgrades, if the Subscriber decides to upgrade the Service Plan or increase the number of Agents authorized to access and use a Service during the Subscription Period, any incremental Subscription Charges associated with such upgrade shall be charged in accordance with the remaining Subscription Period.
5.4 Downgrades. The Subscriber may not downgrade its Service Plan or reduce the number of Agents during any Subscription Period, in accordance with the billing period. The Subscriber may only downgrade its Service Plan or reduce the number of Agents of any Service Plan with thirty (30) days' advance notice, indicating the instances that will be affected and the details of the requested downgrade.
5.5 Dispute of Billed Services. In case of disagreement or dispute regarding the billed Services, the Subscriber must notify it in writing within five (5) business days following receipt of the invoice. The parties undertake to resolve such disagreement amicably and in good faith. If no agreement is reached, the terms established in this Agreement, in the corresponding Purchase and/or Service Order, and in the Statement of Work shall prevail. If the dispute concerns services provided by third parties (for example: charges for AI usage credits supplied by an external provider), the report issued by such third party shall be considered conclusive for purposes of resolving the claim.
5.6 Third-Party Costs and Additional Services. The Subscriber acknowledges and accepts that any cost associated with services, tools, or technical inputs from third parties necessary for the execution of the Service—including, among others, AI model usage credits, calls to external APIs, integrations with booking engines, channel managers, PMS, payment platforms, third-party software licenses, and any other technical input—that are not expressly contemplated in the Purchase Order, Statement of Work, and/or Agreement, shall be billed separately. Such costs shall be the sole and exclusive responsibility of the Subscriber, who undertakes to cover them promptly to avoid affecting the continuity of the Service. The costs associated with the WhatsApp channel are governed exclusively by clause 10.7 of this Agreement.
5.7 Taxes, Contributions, and Charges. Unless otherwise indicated, WeSpeak's subscription charges do not include any tax, contribution, fee, administrative charge, tariff, withholding, or any other fiscal or parafiscal obligation of any nature applicable under the legislation in force in the Subscriber's jurisdiction or in any other jurisdiction relevant to the performance of this Agreement.
6. Information Management
6.1 Information Requirements
6.1.1 The Subscriber shall complete the questionnaire provided by WeSpeak, available on the Platform, with all relevant and up-to-date information about its establishment, necessary to feed the Artificial Intelligence Agent. WeSpeak may, at its sole discretion, request clarifications or additional information when it deems appropriate to improve the quality of the Service.
6.1.2 Update of Policies and Information. It shall be the sole and exclusive responsibility of the Subscriber to keep up-to-date all policies, conditions, and other data relating to its establishment. The Subscriber must autonomously enter into the platform, in the information section provided by WeSpeak, any modification and/or change to such information, in order to ensure that the Artificial Intelligence Agent reflects accurate and current information. WeSpeak may perform verifications on such information but is not obligated to do so, the Subscriber being solely responsible for any inconsistencies, outdated information, or lack of information.
6.1.3 Information about the Booking Engine. The Subscriber must notify in advance any modification related to its booking engine or associated integrations (including change of provider, version, or type of subscription), in order to allow WeSpeak to adapt or update the technical functionalities necessary to maintain the operability of quotation and service flows.
6.1.4 Corrections and Linguistic Customization. It is the responsibility of the Subscriber to inform WeSpeak of errors detected in conversations, as well as to suggest specific expressions, idioms, or particularities of its establishment that contribute to better customization of the language. This collaboration will allow optimization of free-text comprehension and the Artificial Intelligence Agent's capability, progressively improving user satisfaction rates. WeSpeak may, but is not required to, periodically perform tests and controls to detect inconsistencies and, where appropriate, inform the Subscriber to improve the Artificial Intelligence Agent's response level.
6.1.5 Standard Questionnaire and Automatic Translations. The Subscriber must complete the standard questionnaire provided by WeSpeak in Spanish and/or English. The system may generate automatic translations for additional activated languages. It is the Subscriber's sole responsibility to review such translations within the system, WeSpeak not being responsible for errors or omissions arising from such automation.
6.1.6 The Subscriber acknowledges and accepts that it is its sole responsibility to obtain the informed, prior, express, and valid consent of end users for the collection, processing, and use of their personal data in the context of the Services provided by WeSpeak, in accordance with applicable data protection legislation. Likewise, the Subscriber expressly authorizes WeSpeak's development team and support team to access such information solely for purposes of maintenance, continuous improvement, or technical support, and to the extent strictly necessary for the proper execution of the Services.
6.2 Confidential Information
In connection with the Services, each Party will protect the other Party's Confidential Information from unauthorized use, access, or disclosure, in the same manner in which each Party protects its own Confidential Information, but with no less than reasonable care and/or the care expected of good commercial practice. Unless expressly permitted otherwise under this Agreement or a written agreement signed by the parties, each Party may use the other Party's Confidential Information solely to exercise its respective rights and fulfill its respective obligations under this Agreement, Service and/or Work Order, Statement of Work, etc., and will disclose such Confidential Information (a) only to employees or non-employee service providers and contractors who have a need to know such Confidential Information and who are subject to confidentiality terms designed to prevent the misuse of such Confidential Information; (b) as necessary to comply with an order or subpoena from any administrative body or court of competent jurisdiction; or (c) as reasonably necessary to comply with applicable laws or regulations. This section shall not apply to any information that (a) was already in the public domain prior to disclosure by the disclosing Party, or (b) becomes part of the public domain after such disclosure without action or inaction by the receiving Party in violation of this Agreement. Given the unique nature of Confidential Information, the Parties agree that any breach or threatened breach by a Party of this Agreement with respect to Confidential Information may cause irreparable harm to the other Party. Therefore, the Parties agree that such breach or threatened breach will entitle the other Party to seek injunctive relief or other equitable protection in addition to all legal remedies. The confidentiality of information shared between the Parties during this Agreement shall survive its termination for a period of 3 years.
6.3 Subprocessors and Security of Personal Data
6.3.1 Subprocessors. WeSpeak may use Subprocessors that will have access to Service Data or will process it to help provide the Services to the Subscriber. Such Subprocessors include, by way of illustration and not limitation, cloud infrastructure providers, generative artificial intelligence platforms, unified communications services, and data analytics tools. The Subscriber hereby confirms and grants general authorization for WeSpeak's use of the Subprocessors necessary for the provision of the service. WeSpeak shall use its commercially viable best efforts to ensure the security and integrity of such processors, prioritizing that they maintain security practices aligned with reasonable industry standards. However, WeSpeak does not assume joint and several or subsidiary liability for the independent actions, omissions, or breaches of such Subprocessors, who operate under their own contractual terms, privacy policies, and regulatory compliance frameworks.
6.3.2 In accordance with applicable terminology under United States data privacy legislation, including the DPDPA and applicable equivalent state laws ("Applicable Privacy Laws"):
- WeSpeak shall act as a "Service Provider" or "Data Processor", according to the terminology applicable in each jurisdiction, limiting its intervention to processing information in accordance with the Subscriber's documented instructions and for the purposes described in these Terms and Conditions.
- The Subscriber shall act as the "Business" or "Data Controller" (or "Data Owner"), retaining ownership, control, and full responsibility over the personal data provided to the platform or generated as a result of the Service.
- WeSpeak shall not sell the Subscriber's personal data or that of its end users to third parties, nor use them for purposes other than those expressly described in these Terms and Conditions and in WeSpeak's Privacy Policy in force at any given time. Likewise, it shall endeavor to anonymize data whenever possible and apply the principles of information minimization.
- Effective data processing through artificial intelligence tools is performed independently by the AI Subprocessors referred to in clause 6.3.1, who do not act under WeSpeak's direct technical control with respect to the means and methods of processing. WeSpeak does not determine the algorithms, training parameters, or architectures of the third-party models used.
- The Subscriber declares, under its sole responsibility, that: (i) it has the legal bases and authorizations necessary under applicable regulations in its jurisdiction to provide data to WeSpeak in the context of the Service; (ii) it has implemented privacy notices, consent mechanisms, and opt-out procedures required with respect to its own end users; and (iii) the use of the platform does not infringe third-party rights or applicable regulations. WeSpeak shall assume no liability arising from inaccurate, insufficient, or false declarations by the Subscriber in this regard.
6.3.3 WeSpeak may host, process, or transfer data on servers located in different jurisdictions, with the aim of optimizing performance, costs, and availability of the Service. Nevertheless, WeSpeak commits to comply with reasonable industry standards and practices in the matter of security and data protection. The Subscriber, by accepting these Terms and Conditions, expressly acknowledges and consents that: (a) data may be processed on servers located in the United States of America or other jurisdictions; (b) transfers to artificial intelligence Subprocessors—including without limitation OpenAI, L.L.C., Google LLC, Anthropic PBC, or other equivalents—are made under such providers' own contractual instruments, including their respective Data Processing Agreements (DPAs) and privacy policies, of which the Subscriber declares to have knowledge and to accept the applicable conditions. WeSpeak shall implement and maintain reasonable technical and organizational measures to protect Service Data against unauthorized access, disclosure, alteration, or destruction, without this constituting an absolute guarantee of security given the inherently imperfect nature of any information system.
6.3.4 WeSpeak shall not be liable for the Subscriber's non-compliance with applicable data protection regulations, nor for the decisions or instructions imparted regarding the processing of personal information. Likewise, the Subscriber expressly releases WeSpeak from any claim, sanction, or liability arising from the unlawful, inaccurate, or unauthorized processing of data under its control. To the extent that Applicable Privacy Laws apply, WeSpeak recognizes the following rights to data subjects qualifying as consumers under such laws: Right of Access, Correction, Deletion, Portability, and Opt-out; however, the Subscriber acknowledges that: WeSpeak acts as a Service Provider, not as a "Data Owner" with respect to the Subscriber's end users—therefore, requests for rights of such end users must be managed and channeled by the Subscriber in its capacity as data controller, who must forward to WeSpeak only those requests that require its technical intervention. WeSpeak has no direct contractual relationship with the Subscriber's end users.
6.3.5 Use of Data for Improvement and Training. The Subscriber expressly authorizes WeSpeak to access, process, anonymize, and use conversations, interactions, data flows, and other information generated through the use of the platform ("Usage Data"), for the purpose of developing, improving, adjusting, training, and optimizing the artificial intelligence models, conversational bots, and functionalities of the Service, complying with the following conditions:
- Prior Anonymization: WeSpeak shall anonymize or pseudonymize the Usage Data before using it for training, in such a way that it is not possible to directly identify individual natural persons, in accordance with industry standards.
- Legal Basis: This processing is supported by: (i) the express authorization granted by the Subscriber by accepting these Terms; and (ii) WeSpeak's legitimate commercial interest in the continuous improvement of the Service, in accordance with the purposes disclosed in this clause and in WeSpeak's Privacy Policy. This disclosure complies with the transparency principle required by the FTC Act and Applicable Privacy Laws. WeSpeak shall not use the Usage Data for purposes incompatible with those described herein without prior notice to the Subscriber. WeSpeak shall perform or endeavor to perform periodic internal assessments regarding data processing for AI purposes, in line with best practices recommended by the FTC and, where applicable, with the Data Protection Assessment requirements provided in the DPDPA and equivalent state laws. Such assessments are for internal use and do not generate an obligation of disclosure to the Subscriber except as required by law.
- Subscriber Responsibility: The Subscriber declares and warrants that it has the necessary legal bases with respect to the data of its end users to enable the processing provided in this clause, releasing WeSpeak from all liability arising from the absence or insufficiency of such authorizations. The Subscriber expressly and irrevocably releases WeSpeak, its directors, employees, affiliates, and assigns from any claim, demand, sanction, fine, cost, or liability—including reasonable legal fees—arising from the unlawful, inaccurate, unauthorized, or unlawful processing of data under the Subscriber's control or that of its end users. This release shall operate regardless of whether the claim comes from the Subscriber itself, its end users, data protection regulatory authorities, or affected third parties.
- Retention: WeSpeak shall not retain identifiable Usage Data beyond the period strictly necessary for the purposes described, and in no case for a period longer than that established in its Privacy Policy in force. This authorization shall survive the termination of the Agreement with respect to the anonymized or pseudonymized Usage Data incorporated into WeSpeak's models or systems prior to that date.
7. Intellectual Property Rights
7.1 Each Party shall retain all rights, title, and interest in any of its respective Intellectual Property Rights. Unless expressly agreed otherwise, the license granted by WeSpeak to the Subscriber, Agents, and End Users shall be non-exclusive, limited, revocable, non-transferable, and non-sublicensable, granted solely for the access and use of the contracted Service(s) during the term of this Agreement and subject to the terms set forth herein. The rights granted to the Subscriber, Agents, and End Users to use the Service(s) under this Agreement do not convey any additional rights to the Service(s) or to any of WeSpeak's Intellectual Property Rights associated therewith. Subject only to the limited rights of access and use of the Service(s) as expressly stated herein, all rights, title, and interest in and to the Services and all hardware, Software, and other components of or used to provide the Services and WeSpeak's machine learning algorithms, including all related Intellectual Property Rights, shall remain with WeSpeak and shall belong exclusively to WeSpeak.
7.2 The Subscriber authorizes WeSpeak to use its trade name, logo, and other distinctive signs of its ownership solely for promotional purposes, commercial reference, preparation of case studies, impact reports, or inclusion in presentations and institutional material (brochures, website, social media, among others), provided that such use does not imply reputational, legal, or commercial risk for the Subscriber or reveal confidential or strategic information. WeSpeak undertakes to use such elements respectfully, without distorting its image, and may cease their use if the Subscriber requests it in writing.
8. Representations, Warranties, and Disclaimers
8.1 Warranties. Each Party represents and warrants to the other that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval of any third party is required in connection with the execution, delivery, or performance of this Agreement by such Party; and (c) the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is bound.
8.2 Disclaimers. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SITES AND THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WESPEAK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SUBSCRIBER ACKNOWLEDGES THAT WESPEAK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY THE SUBSCRIBER FROM WESPEAK OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8.3 Third-Party Services and Release of Liability. WeSpeak's platform relies on, integrates with, or interoperates with services provided by third-party providers, including, by way of illustration and not limitation, Meta (WhatsApp Cloud API), Google (Gemini), OpenAI (ChatGPT), Anthropic (Claude), and other artificial intelligence models or services, cloud infrastructure, and communications that may be incorporated into the platform in the future ("Third-Party Services"). While WeSpeak adopts all security, safeguarding, and diligence measures that are commercially and reasonably possible within its own area of control, in accordance with industry standards applicable to the type of service provided, it does not control, audit, or guarantee the operation, availability, accuracy, security, or continuity of such Third-Party Services, so such diligence does not imply a guarantee of result or extend its liability to events originating outside its own infrastructure. Accordingly, WeSpeak assumes no liability for damages, losses, or harm of any nature directly or indirectly arising from: (i) failures, interruptions, degradations, or discontinuation of Third-Party Services; (ii) security breaches, data leaks, or unauthorized access originating in the infrastructure or systems of such third parties; (iii) data search, retrieval, retention, training, or improper use of data processed by third-party artificial intelligence models (data search, data retrieval, or data usage); (iv) generation of incorrect, made-up, or misleading responses by language models (hallucinations or erroneous outputs); (v) unilateral changes in the terms, functionalities, APIs, or acceptable use policies imposed by third-party providers; or for (vi) any other event or circumstance outside WeSpeak's reasonable control attributable to such third parties. The Subscriber acknowledges that the use of Third-Party Services implies acceptance of each provider's own terms and conditions, that WeSpeak acts exclusively as a technical intermediary without the capacity to influence the decisions, architecture, or policies of those providers, and that it is its responsibility to assess the suitability of such services to its own security, privacy, and regulatory compliance requirements.
8.4 Limitation of Liability. Except in cases of willful misconduct or gross negligence, WeSpeak's total liability for any damage, loss, or harm arising from this Agreement, whether based on contractual, extra-contractual, or any other type of liability, shall be limited to the total amount actually paid by the Subscriber to WeSpeak as fees for the Services during the twelve (12) months prior to the date on which the event giving rise to the claim occurred. In no event shall WeSpeak be liable for indirect, incidental, special, punitive, exemplary, moral, or consequential damages, including but not limited to loss of profits, revenue, data, business opportunities, or reputation, even if it has been advised of the possibility of such damages.
9. General Provisions
9.1 Partial Invalidity. If a competent court or governing body determines that any term of this Agreement is null or unenforceable, such term shall be replaced by another term consistent with the purpose and intent of this Agreement, and the remaining provisions of this Agreement shall remain in effect.
9.2 Independence of the Parties. The Parties expressly declare that this Agreement does not constitute and shall not be interpreted as a partnership, association, joint venture, mandate, representation, franchise, agency, subordination, or any other form of legal relationship other than that agreed herein. Each Party acts independently and autonomously in the performance of its respective obligations. Likewise, neither Party may assume or contract obligations on behalf of the other, or create any representation that implies legal binding beyond what is expressly provided in this Agreement. In particular, it is stated that the personnel, employees, contractors, or collaborators of one Party shall have no employment, contractual, or dependency relationship with the other Party, each Party being the sole and exclusive responsible for its labor, social security, fiscal, and social security obligations regarding its own personnel.
9.3 Notices. All notices, requests, communications, or notices to be made between the Parties under this Agreement must be made in writing and shall be valid if delivered: (a) personally with proof of receipt, (b) by certified mail with acknowledgment of receipt to the other Party's legal address, or (c) by email sent to the email addresses expressly designated by each Party in this Agreement or subsequently notified in writing, provided there is acknowledgment or confirmation of receipt.
9.4 Jurisdiction and Applicable Law. This Agreement shall be governed and interpreted in accordance with the substantive laws of the State of Delaware, United States of America, excluding its conflict-of-laws rules. Any controversy, conflict, or claim arising from or related to this Agreement, its interpretation, performance, validity, or termination, shall be definitively resolved by arbitration under the Arbitration Rules of the International Chamber of Commerce (ICC). The arbitration shall be administered by the ICC and resolved by one (1) sole arbitrator, appointed in accordance with such Rules. The proceedings shall be conducted in the Spanish language, and the legal seat of the arbitration shall be in the State of Delaware, United States of America. The arbitral award shall be final, binding, and enforceable in any competent jurisdiction.
10. Communication Channel: WhatsApp Cloud API
10.1 Modality of Provision. The contracted Services are provided through integration with the WhatsApp Business Platform (Cloud API), official infrastructure provided and operated by Meta Platforms, Inc. ("Meta") for sending and receiving business messages. The Subscriber acknowledges that this is the only WhatsApp connection modality offered by WeSpeak under this Agreement.
10.2 Nature of the Service and Dependence on Third Parties. WeSpeak acts exclusively as an authorized technical integrator and does not own, operate, or control WhatsApp, Meta, or the underlying infrastructure of the channel. The availability, continuity, functionality, and operational rules of the channel depend on Meta and the decisions it unilaterally adopts regarding its platform. Any change, suspension, restriction, modification of functionalities, or rates that Meta introduces is beyond WeSpeak's control and shall not constitute a breach of this Agreement.
10.3 Ownership of the Number and the Account. The Subscriber retains at all times ownership of the telephone number and of its WhatsApp Business Account (WABA) registered in Meta Business Manager. To use the Services, the Subscriber must have—or create—a Meta Business Manager account and authorize WeSpeak the technical access necessary for the integration. The administration, verification, compliance with requirements, and possible recovery of such account is the Subscriber's sole responsibility.
10.4 Acceptance of Meta Policies. The Subscriber acknowledges and accepts that the use of the channel is subject to Meta's policies and terms in force at any given time, including, without limitation: the WhatsApp Business Solution Terms, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and Meta's Terms of Service. It is the Subscriber's sole responsibility to know and fully comply with such policies, available on the official Meta and WhatsApp pages. WeSpeak shall not be liable, in any case, for suspensions, restrictions, bans, loss of quality, sending limitations, or any other consequence arising from the Subscriber's or its staff's non-compliance with such policies.
10.5 Templates and Conversation Window. The Subscriber acknowledges that: (a) any communication initiated by the business outside the 24-hour active response window with an end user requires the use of templates previously approved by Meta (message templates or HSM); (b) the approval, rejection, suspension, or pause of templates is the exclusive authority of Meta; (c) WeSpeak may assist in the drafting and uploading of templates but does not guarantee their approval or the timeframes in which it is granted.
10.6 Quality, Sending Limits, and Categorization. Meta assigns each number a quality rating and messaging tiers that may be modified based on the number's behavior, end user feedback, and Meta's policies. The categorization of templates (utility, marketing, authentication, service) and their associated price are determined exclusively by Meta. WeSpeak does not guarantee a particular rating, category, or limit, nor is it responsible for the variations that Meta applies.
10.7 Meta Costs. Use of the Cloud API generates charges billed directly by Meta to the Subscriber, according to country, type of template, and the rate model in force published by Meta in its official documentation (currently available at business.whatsapp.com/products/platform-pricing and/or developers.facebook.com/docs/whatsapp/pricing). Such charges: (i) are not included in the Subscription Charges payable to WeSpeak; (ii) are billed directly by Meta to the Subscriber; (iii) are the sole and exclusive responsibility of the Subscriber, who must keep payment methods updated in its Meta account to avoid suspension of the channel. WeSpeak does not receive any commission, surcharge, or remuneration on such amounts, does not intervene in their determination, billing, or collection, and assumes no responsibility for channel interruptions arising from the Subscriber's non-payment to Meta. Modifications that Meta introduces in its rates, pricing models, template categorization, or commercial conditions shall be directly and automatically passed on to the Subscriber from the date of entry into force, without granting the Subscriber any right to indemnity, compensation, adjustment of the Subscription Charges payable to WeSpeak, or termination of this Agreement.
The Subscriber acknowledges and accepts that it is its sole responsibility to consult, understand, and contemplate in its operational and budgetary planning the prices and costs charged by Meta, including their periodic updates. WeSpeak may advise regarding the calculation of expenses and costs but shall assume no liability regarding Meta's cost structure or its impact on the Subscriber's operations.
10.8 Official Verification ("Green / Blue Tick"). The granting, maintenance, or revocation of the verified account distinctive by Meta is Meta's exclusive decision and does not constitute a service guaranteed by WeSpeak. WeSpeak may guide the Subscriber in the application process, without this implying any commitment regarding the outcome.
10.9 Migration, Onboarding, and Reversibility. WeSpeak shall make commercially reasonable efforts to complete the onboarding or migration of the Subscriber's number in efficient timeframes, subject to the availability and response of Meta. The Subscriber may, upon termination of the Agreement or when requested pursuant to clause 4, request the disconnection of its number from the Cloud API to reincorporate it into WhatsApp Business App, assuming the verification steps that Meta requires for that purpose. WeSpeak shall provide reasonable technical cooperation for such disconnection.
10.10 Specific Limitation of Liability. Notwithstanding clause 8.4, the Subscriber acknowledges and accepts that WeSpeak shall not be liable, under any circumstances, for: (a) interruptions, outages, or degradations of Meta's service or the Cloud API; (b) suspensions, bans, or restrictions applied by Meta to the Subscriber's account or number; (c) rejection, pause, or removal of templates by Meta; (d) variations in the quality rating, messaging tier, or template categorization; (e) unilateral modifications of Meta's rates, policies, or terms; (f) denial or revocation of official verification; (g) any consequence arising from the violation, by the Subscriber or its staff, of Meta's policies or the legislation applicable to the use of business messaging.
11. Support and System Availability (SLA)
11.1 Availability. WeSpeak shall make commercially reasonable efforts to keep the Platform (API channel) available 24/7, with a minimum target of ≥ 99.5% monthly uptime, calculated as follows: Availability (%) = (Minutes in the month − Minutes of Non-Excluded Downtime) ÷ Minutes in the month × 100, measured by an external monitoring tool on the authentication endpoint. The Subscriber may request read-only access to the monitoring dashboard.
11.2 Exclusions. Time arising from the following shall not be counted as downtime: (a) planned maintenance with prior notice of ≥ 24 hours; (b) force majeure; (c) outages or limitations of Meta, BSP, or any other channel or special-service provider; (d) connectivity failures or integrations of the Subscriber; (e) non-compliance with channel policies; (f) changes not coordinated by the Subscriber. When WeSpeak invokes an exclusion, it must substantiate it with objective evidence.
11.3 Support and Incidents. Support operates on business days, Monday to Friday 09:00–18:00 (UTC−3, Argentina calendar).
11.4 Maintenance. Planned maintenance shall preferably be performed between 22:00 and 06:00 (UTC−3), with a minimum notice of 24 hours. In case of emergency maintenance for security reasons, WeSpeak shall notify the Subscriber as soon as operationally possible, indicating cause and estimated duration.
11.5 Credits. If monthly availability falls below the target, the Subscriber shall be entitled to the following credits on the subscription charge for the affected period:
- < 99.5% ≥ 98.0%: 5%
- < 98.0% ≥ 96.0%: 10%
- < 96.0%: 20%
Credits apply exclusively to the API channel, must be requested within 60 calendar days from the event, and shall not proceed if the Subscriber is in default or the event falls under any exclusion of clause 11.2. The service credits provided in this clause constitute the Subscriber's sole and exclusive remedy against outages or unavailability of the Platform directly attributable to WeSpeak. The foregoing does not limit the Subscriber's rights arising from other contractual breaches other than system unavailability, which shall be governed by clause 8.
12. Money-Back Guarantee
12.1 Scope, Applicability, and Philosophy
(a) Applicability. The Money-Back Guarantee regulated in this clause does not constitute a universal, automatic, or inherent provision of the Service. It shall be applicable only to those New Subscribers whose Service Order, purchase conditions applicable to the acquisition channel (including, without limitation, the WeSpeak initial purchase process), specific commercial offer, or equivalent document expressly and in writing provide for it. The inclusion of this clause in these Terms and Conditions is intended to regulate the conditions, scope, and procedure of the Guarantee when it is actually offered, and does not in itself constitute an offer of Guarantee to all Subscribers. The absence of express mention of the Guarantee in the contracting document shall imply, without need for further clarification, that this Guarantee is not applicable to such Subscriber.
(b) Philosophy. When WeSpeak offers the Guarantee to a New Subscriber in accordance with subsection (a), it does so under the conviction of the quality and performance of its technology. The Guarantee's requirements do not constitute a strict or punitive condition, but rather the minimum and reasonable requirements aimed at ensuring that the Subscriber effectively tests the solution in a real environment. WeSpeak undertakes to refund the amount paid in respect of subscription during the guarantee period provided that the Subscriber has adequately used the system and has fully complied with the checklist established in clause 12.4 and other conditions of this clause 12.
(c) Term. Unless the Service Order or contracting document expressly establishes a different term, the Guarantee shall have a term of thirty (30) calendar days computed in accordance with clause 12.3.
12.2 New Subscriber – Definition
For the exclusive purposes of this clause, "New Subscriber" means any natural or legal person who enters into its first Service Order with WeSpeak and who has not previously had an active contractual relationship with WeSpeak regarding the Service or any substantially equivalent Service. This Guarantee shall not apply, without this enumeration being exhaustive, to: (a) renewals of existing subscriptions; (b) extensions, upgrades, or expansions of current plans; (c) reactivations of previously terminated accounts; (d) Subscribers linked corporate, economic, or managerially to a pre-existing or terminated Subscriber, where there is substantial identity between the two; (e) Subscribers who have previously exercised this Guarantee, in any of its modalities.
12.3 Term and Computation
The thirty (30) calendar day period shall begin to be counted from the date WeSpeak receives the first effective payment of the Subscriber for subscription to the Service, or from the date of signing the Agreement, the Service Order, or the effective start of implementation, whichever occurs first. The Guarantee shall be considered expired and shall automatically lapse the day following the fulfillment of the term, unless an extension has been validly granted in accordance with clause 12.6.
12.4 Mandatory Checklist
The refund shall proceed only if the Subscriber demonstrates having fully complied with all of the following requirements, partial compliance not being sufficient:
- Attendance at Sessions with the Account Manager: The Subscriber, or the person designated for this purpose, must have attended a minimum of two (2) sessions convened by WeSpeak's Account Manager during the guarantee period. These sessions may have as their object initial implementation, system configuration, training or capacity-building of the Subscriber's team, optimization of assistant performance, review of metrics, or any other purpose linked to the launch and utilization of the Service. Unjustified absence from effectively convened sessions, as well as repeated cancellation or successive rescheduling of the same for reasons attributable to the Subscriber, shall be equivalent to non-compliance with this requirement.
- Complete Information Delivery: The Subscriber must have (i) completed the initially required information; (ii) where requested, delivered the additional information requested by WeSpeak; and (iii) validated the response database of the Artificial Intelligence Agent by at least ninety-five percent (95%).
- Connection of Communication Channels: The Subscriber must have at least two (2) communication channels effectively connected and operational at the close of the guarantee period. For purposes of compliance with this requirement, the enabled channels are: (i) WhatsApp; (ii) Instagram; (iii) Facebook; and (iv) any other channel that WeSpeak has made available to the Subscriber under its Service Plan. The WhatsApp channel shall be mandatory in all cases, and must be active and operational during the entire guarantee period.
- Activation of Entry Channels to WhatsApp: The Subscriber must have enabled: (i) a visible icon on its website; (ii) a link on Google Business; and (iii) a call to action or direct link on Instagram and/or Facebook.
- Continuously Operational Assistant: The Artificial Intelligence Agent must have remained operational and accessible during the entire guarantee period.
- Minimum Volume of Conversations: The Artificial Intelligence Agent must have managed at least one hundred (100) real conversations with End Users, internal tests, simulated conversations, or interactions with the Subscriber's or WeSpeak's personnel not being counted for these purposes.
WeSpeak shall verify compliance with the checklist through the Platform's records and metrics, which shall be considered a conclusive source. Any discrepancy between the Subscriber's records and those of the Platform shall be resolved in favor of WeSpeak's records, unless clear and documented evidence to the contrary is provided.
12.5 Request and Refund Procedure
- The Subscriber must request the refund by email addressed to soporte@wespeak.pro within the period established in clause 12.3 (or, where applicable, within the extended period in accordance with clause 12.6). Requests received outside the period shall be rejected without further proceedings, without this generating any liability for WeSpeak.
- WeSpeak shall verify compliance with the checklist within a maximum period of seven (7) business days from receipt of the request, and shall communicate the result to the Subscriber in writing.
- In the case of favorable verification, WeSpeak shall make the refund of the amount actually paid in respect of subscription within the following seven (7) business days, by the same payment method used by the Subscriber for the original payment, unless technically impossible.
- Non-Refundable Items. The Guarantee covers exclusively the Subscription Charges actually paid to WeSpeak. The following are expressly excluded from the refund: (i) costs charged by Meta and other third parties in accordance with clause 10.7 and clause 5.6; (ii) Professional Services, setup fees, specific implementation costs, custom integrations, and special development modules; (iii) any tax, withholding, or bank charge applied by third parties on the original payment or on the refund.
12.6 Term Extension
The Subscriber may request, on a one-time basis, an extension of the guarantee period for seven (7) additional calendar days, subject to the following conditions:
- The request must be submitted by email to soporte@wespeak.pro, with a minimum advance notice of five (5) calendar days before the expiration of the original term established in clause 12.3. Requests submitted with less notice shall be rejected without further proceedings.
- The request must contain a reasoned and written justification of the circumstances motivating the request. The mere invocation of "needing more time" or equivalent formulas, without specific justification, shall not be sufficient.
- The granting of the extension shall be subject to WeSpeak's discretionary evaluation and approval, and shall not in any case constitute a right of the Subscriber. WeSpeak shall communicate its decision in writing before the expiration of the original term. The denial of the extension shall not require specific reasoning and shall not generate any liability for WeSpeak.
- The mere submission of an extension request does not suspend, interrupt, or alter the computation of the original term. In case of denial or lack of response before the expiration, the original term shall remain fully in force.
- The extension, if granted, shall be computed in calendar days from the day following the expiration of the original term. Successive extensions or subsequent requests after a denied extension shall not be admitted.
12.7 Effects of Valid Exercise of the Guarantee
The valid exercise of the Money-Back Guarantee in accordance with this clause shall have the following effects: (a) extinction of the Agreement by operation of law from the date of WeSpeak's favorable communication in accordance with subsection 12.5(b); (b) release of the Subscriber from the mandatory minimum term obligation established in clause 4.2; (c) immediate cessation of access by the Subscriber, its Agents, and Users to the Services; (d) the Subscriber's obligation to pay all third-party costs generated during the period (Meta and others), in accordance with clause 10.7. Extinction by this means shall not affect the survival of the clauses that by their nature are intended to survive the termination of the Agreement (confidentiality, intellectual property, limitation of liability, jurisdiction).
12.8 Loss or Non-Application of the Guarantee
The Subscriber shall automatically lose the benefit of the Guarantee, without need for prior notice, in case of: (a) total or partial non-compliance with any of the requirements of the checklist established in clause 12.4; (b) submission of the request outside the established period; (c) use of the Service in violation of this Agreement or Meta's policies; (d) provision of false, incomplete, or misleading information to WeSpeak in connection with the verification of the checklist; (e) any other circumstance that, in WeSpeak's reasonable judgment, evidences abusive or fraudulent use of the Guarantee. In these cases, the Subscriber shall remain obligated in accordance with the general terms of the Agreement, including the mandatory minimum term established in clause 4.2.
Contact: info@wespeak.pro