1. Definitions
- CallBotIA: The company providing the services covered by this agreement.
- Customer: Any individual or legal entity that engages CallBotIA's services.
- Services: The technology solutions developed, implemented and maintained by CallBotIA as agreed with the Customer.
2. Provider Identification
This document governs the use of the services offered by CallBotIA, a company registered in Argentina with its address at Juncal 3186, Palermo, Capital Federal, CP 1425, Province of Buenos Aires, Argentina, and contact telephone number +54 9 11 5055 5839.
3. Purpose of the Service
CallBotIA offers the development, implementation and maintenance of customized technology solutions, including virtual assistants, voicebots, chatbots, artificial intelligence integrations and process automation, tailored to each customer's requirements. The services are provided remotely and may include components developed by third parties.
4. Contracting and Billing Models
- Prepaid plans: the customer pays in advance for a plan that includes a set amount of usage or resources.
- Postpaid additional usage: if usage exceeds what is included in the prepaid plan, additional consumption will be billed at the rates in force and agreed.
Specific rates and conditions will be set out in the commercial proposal or individual contract accepted by the customer.
5. Acceptance of the Terms
Use of the services implies full and unreserved acceptance of these Terms and Conditions.
6. Scope and Limitations of the Service
The scope of the services will be as agreed in writing between CallBotIA and the customer, and may include supplementary documents such as an SLA (Service Level Agreement) or SOW (Statement of Work), as applicable.
CallBotIA does not guarantee that the service will be uninterrupted or error-free, but will make reasonable efforts to ensure its availability and proper operation.
7. Data Protection and Privacy
CallBotIA complies with the applicable laws and regulations on data protection and privacy, including the European Union's General Data Protection Regulation (GDPR), Brazil's General Data Protection Law (LGPD), Mexico's Personal Data Protection Law, and the local laws in force in each jurisdiction.
The customer undertakes to use the services in a manner consistent with these regulations and to obtain end users' express consent where required.
8. Disclaimer of Liability for Misuse or Unlawful Use and Force Majeure
a) Misuse or unlawful use: The customer shall be solely responsible for the use it makes of CallBotIA's services, including any unlawful, fraudulent or unauthorized use, or any use that violates the legislation applicable in the jurisdiction where it operates. CallBotIA shall not be liable for damages, penalties, fines or claims arising from such misuse. If use contrary to the law or to these Terms and Conditions is detected, CallBotIA reserves the right to suspend or cancel the service immediately.
b) Force majeure and third-party failures: CallBotIA shall not be liable for interruptions or malfunctions of the service caused by force majeure, acts of God or failures attributable to third-party providers, including, without limitation, power outages, telecommunications network failures, outages of messaging platforms, APIs, hosting services, voice or internet providers, or any other event beyond its reasonable control.
9. Intellectual Property
All developments, code, designs, documents and configurations created by CallBotIA for the customer are the property of CallBotIA until full payment for the contracted services has been completed.
After payment in full, the customer shall have the right of use as established in the contract, without prejudice to the rights of third-party providers of the software or technology used.
10. Limitation of Liability
CallBotIA's total liability to the customer for any claim related to the services shall be limited to the amount actually paid by the customer in the three (3) months prior to the claim or USD 2,000, whichever is less.
11. Inclusion of AI Notices
CallBotIA will include in all of its voice agent and AI-generated bot developments the notices and disclosures necessary to inform the end user of the automated nature of the interaction, in accordance with the legislation in force in each jurisdiction.
12. Refund and Cancellation Policy
Payments made are non-refundable, unless expressly stated otherwise in the commercial proposal or contract.
The customer may cancel the service with 15 days' notice, and CallBotIA may retain the amounts corresponding to services already provided or in progress.
13. Changes to the Terms
CallBotIA may update these Terms and Conditions at any time, giving the customer at least 15 days' notice. Continued use of the service after the change will constitute acceptance of the new terms.
14. Support and Maintenance
CallBotIA will provide technical support during the hours and through the channels indicated in the commercial proposal. Response times may vary depending on the complexity of the request.
15. International Regulatory Compliance
Both CallBotIA and the customer undertake to comply with all laws and regulations applicable in the countries where the services are provided, including software export, privacy, telecommunications and e-commerce regulations.
16. Confidentiality
Both parties undertake to keep strictly confidential all technical, commercial or other information received from the other party and not to disclose it without prior written authorization.
17. Assignment of Contract
The customer may not assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of CallBotIA.
18. Language and Translations
Where versions of these Terms and Conditions exist in different languages, the Spanish version shall prevail in the event of any discrepancy.
19. Term and Termination
These Terms and Conditions shall take effect from their acceptance by the customer and shall remain in force while the service is active.
Either party may terminate the contract with 15 days' notice, except in the case of a serious breach that allows immediate termination.
20. Notices
All notices between the parties must be made in writing and sent to the physical or electronic addresses indicated in the contract or commercial proposal. They shall be deemed received on the date of acknowledgment of receipt or read confirmation.
21. Governing Law and Jurisdiction
This contract shall be governed by the laws of the Argentine Republic. Any dispute shall be submitted to the ordinary courts of the Autonomous City of Buenos Aires, with express waiver of any other forum or jurisdiction that may apply.