Terms & Conditions

1. PROVIDER IDENTIFICATION

Nymeria is a provider of SaaS solutions based on artificial intelligence, specializing in conversational automation through the WhatsApp Business Platform and other digital tools (hereinafter, the "Service").

This document regulates the access and use of the Service by business clients (hereinafter, the "Client").

2. ACCEPTANCE OF TERMS

The use of Nymeria's services implies the acceptance of these Terms and Conditions, as well as the current policies of Meta/WhatsApp.

By accessing, registering, or using the Service, the Client states their full and unreserved acceptance of these Terms and Conditions.

If the Client does not agree with these terms, they must refrain from using the Service.

3. SERVICE DESCRIPTION

Nymeria offers:

• Conversation automation through artificial intelligence.
• Integration with the WhatsApp Business Platform (Cloud API or authorized provider).
• Lead management, tracking, conversational flows, and reporting.
• CRM tools associated with the conversational channel.

Nymeria may modify, update, or improve the Service at any time, provided that it does not substantially affect features already contracted without reasonable prior notice.

4. RELATIONSHIP WITH META AND THIRD PARTIES

Nymeria operates using third-party infrastructure, including Meta Platforms Inc. (WhatsApp Business Platform).

Nymeria:

• Is not owned by Meta.
• Does not act as an agent or legal representative of Meta.
• Does not control Meta's decisions regarding the suspension, limitation, or blocking of accounts or numbers.

The Client acknowledges that the use of the WhatsApp Business Platform is subject to the policies and terms established by Meta, including the WhatsApp Business Policy and Meta Platform Terms.

5. CLIENT OBLIGATIONS

The Client agrees to:

• Use the Service in accordance with applicable law.
• Comply with Meta's policies.
• Not send spam or unsolicited communications.
• Not use the Service for illegal, fraudulent, or deceptive purposes.
• Have the necessary legal grounds for the processing of personal data.

The Client is solely responsible for the content sent through the Service.

6. DATA OWNERSHIP AND TITLE

The Client retains exclusive ownership of:

• The personal data of its users.
• The uploaded databases.
• The generated conversations.

Nymeria does not acquire property rights over such data.

Nymeria only receives a limited, non-exclusive, and revocable license to process such data for the sole purpose of providing the Service according to the Client's instructions.

7. ROLE IN DATA PROTECTION

For the purposes of applicable regulations:

• The Client acts as the Data Controller.
• Nymeria acts as the Data Processor.

Nymeria processes the data exclusively according to the documented instructions of the Client and in accordance with the Privacy Policy and the corresponding Data Processing Addendum.

8. USE OF ARTIFICIAL INTELLIGENCE

The Client acknowledges that the Service uses automated artificial intelligence systems.

Nymeria:

• Does not guarantee absolute accuracy in the generated responses.
• Will not be liable for business decisions made based exclusively on automated responses.
• Does not use the Client's conversational data to train general models without explicit consent.

The Client is responsible for supervising and validating the use of the system in their operation.

9. BLOCKING OR SUSPENSION BY META

In the event that Meta suspends, limits, or blocks the Client's number or account:

• Nymeria will not be responsible for such a decision.
• Refunds derived from actions by third parties are not guaranteed.
• The Service may be interrupted without generating contractual liability for Nymeria.

10. SUSPENSION POLICY FOR BREACH OR NON-PAYMENT

Nymeria may suspend the Service when:

• There is a payment default.
• Misuse is detected.
• Meta's policies are violated.
• Legal provisions are infringed.

Suspension may be carried out without prior notice when there is a legal or reputational risk.

11. SERVICE CANCELLATION

The Client may cancel the Service according to the contracted plan.

Nymeria may terminate the contract in case of a serious breach.

Upon termination of the contract:

• Access will be canceled.
• Data will be deleted or made available to the Client in accordance with the DPA.

12. SUBPROCESSORS

Nymeria may use external technology providers (cloud hosting, infrastructure, APIs).

Nymeria guarantees that it:

• Selects subprocessors with adequate security standards.
• Enters into data protection contractual agreements with these providers.

The Client accepts the use of such subprocessors to the extent necessary for the provision of the service.

13. SECURITY

Nymeria implements reasonable technical and organizational measures to protect information against:

• Unauthorized access.
• Alteration.
• Improper disclosure.
• Accidental destruction.

However, no system is absolutely secure.

14. LIMITATION OF LIABILITY

Nymeria will not be liable for:

• Interruptions caused by third parties.
• Automated decisions made without human supervision.
• Blocks imposed by Meta.
• Indirect damages or loss of profit.

Nymeria's total liability will be limited to the amount paid by the Client in the last three (3) months.

15. CONFIDENTIALITY

The parties agree to keep the commercial, technical, and strategic information exchanged during the contractual relationship confidential.

16. MODIFICATIONS

Nymeria may modify these Terms, notifying the Client.

Continued use of the Service implies acceptance of the modifications.

17. APPLICABLE LAW

These Terms are governed by the laws of the Republic of Argentina, including Law 25.326 on the Protection of Personal Data.

Any dispute will be submitted to the competent courts of the Autonomous City of Buenos Aires.