Terms and Conditions

1. Definitions

For the purposes of this document, the following terms shall have the meanings attributed to them below:

• Client: An individual or legal entity that contracts the Services of LabsChats by accepting an implementation quote and selecting a monthly subscription plan.
• End Users: Persons who interact with the LabsChats software through the communication channels configured by the Client, including but not limited to WhatsApp, Messenger, Instagram, and web chat.
• LabsChats Software: Conversational artificial intelligence platform developed and operated by Inversiones Saravia S.A. that enables the automation of conversations across multiple messaging channels.
• LabsChats Panel: Web-based administration interface provided to the Client for the management, configuration, and monitoring of their chatbots, conversational flows, and usage statistics.
• Services: Set of functionalities, tools, and technical support provided by LabsChats to the Client, including the implementation, configuration, maintenance, and updating of the LabsChats Software.
• Updates: Improvements, fixes, new features, and security patches applied to the LabsChats Software periodically and made available to the Client as part of their active subscription.
• Applicable Laws: All laws, regulations, standards, and provisions in force in the Republic of Guatemala applicable to the provision of the Services and the use of the LabsChats Software.

2. Agreement between the User and LabsChats

By accessing, using, or contracting any of the Services offered by LabsChats, you agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any of these terms, you must refrain from using the Services.

LabsChats is a product developed and operated by Inversiones Saravia S.A., a corporation duly incorporated and organized under the laws of the Republic of Guatemala. Any reference to "LabsChats," "we," "our," or "the Company" in this document shall be understood as a reference to Inversiones Saravia S.A.

This agreement constitutes a legally binding contract between you (the "Client") and Inversiones Saravia S.A. and governs the use of all Services provided through the LabsChats platform. The Company reserves the right to modify these terms at any time, notifying the Client of such changes through the registered contact methods.

3. General Terms

LabsChats Services are available exclusively to persons over eighteen (18) years of age who have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that you meet this age requirement.

The Client is solely responsible for maintaining the security and confidentiality of their access credentials to the LabsChats Panel, including their username and password. Any activity carried out through their account will be considered as performed by the Client, regardless of who accessed it.

The Client is responsible for all content they publish, transmit, or make available through the Services, including but not limited to conversational flows, automated responses, multimedia files, and any other information configured in the LabsChats Software.

Subject to compliance with these Terms and timely payment of applicable fees, LabsChats grants the Client a worldwide, non-exclusive, and revocable license to use the LabsChats Software and the LabsChats Panel during the term of their subscription. This license does not include the right to sublicense, modify, distribute, or create derivative works of the software.

4. Accounts

To access LabsChats Services, the Client must accept an implementation quote and select a monthly subscription plan according to their needs. Once the quote is accepted and the corresponding payment is made, the Client's account will be created in the LabsChats Panel.

The Client must be over eighteen (18) years of age and have full legal capacity to contract the Services. If the Client is a legal entity, the person accepting these Terms represents that they have sufficient authorization and powers to bind such entity.

The Client agrees to provide truthful, accurate, current, and complete information when creating their account and throughout the subscription period. LabsChats reserves the right to suspend or cancel accounts containing false or misleading information, without prior notice and without any liability.

5. Pricing and Payments

LabsChats Services include two types of fees: (a) a variable implementation fee, determined by the complexity and scope of the project, and (b) a fixed monthly subscription fee based on the selected plan. All prices are expressed and charged in United States Dollars (USD), unless expressly agreed otherwise.

Monthly subscription charges will be processed automatically via the credit or debit card registered by the Client, or through manual payment as agreed. It is the Client's responsibility to keep their payment information up to date and ensure sufficient funds are available.

If the Client is not satisfied with the Services, they may request a proportional refund within the first seven (7) calendar days following the subscription or renewal. After this period, no refunds will be issued. Refund requests should be sent to [email protected].

6. Service Availability and Support

LabsChats commits to making commercially reasonable efforts to maintain the availability of the LabsChats Software twenty-four (24) hours a day, seven (7) days a week. However, the Client acknowledges that there may be scheduled interruptions for maintenance, updates, or force majeure circumstances beyond the Company's control.

Technical support is available Monday through Friday from 7:00 AM to 7:00 PM (UTC-6:00, Guatemala time). Support requests can be made via email at [email protected] or by phone at (+502) 4216-8148. LabsChats will make reasonable efforts to respond to support requests within twenty-four (24) business hours.

7. Privacy, Security, and Confidentiality

The processing of personal data collected through the Services shall be governed by our Privacy Policy, which forms an integral part of these Terms and Conditions, as well as by the applicable data protection laws in force in the Republic of Guatemala.

Both parties agree to maintain the confidentiality of all proprietary, technical, commercial, or other information disclosed by one party to the other in connection with the provision of the Services. This confidentiality obligation shall survive for a period of three (3) years following the termination of the contractual relationship.

LabsChats implements appropriate technical and organizational security measures to protect the Client's information against unauthorized access, loss, destruction, or alteration. However, the Client acknowledges that no data transmission or storage system is completely secure.

8. Intellectual Property

All intellectual property rights in the LabsChats Software, the LabsChats Panel, the LabsChats brand, logos, designs, source code, algorithms, artificial intelligence models, and any other associated technology are and shall remain the exclusive property of Inversiones Saravia S.A. Nothing in these Terms grants the Client any rights to such intellectual property, except for the limited use license expressly granted.

LabsChats reserves the right to use anonymized and aggregated data derived from the use of the Services for platform improvement, research, development of new features, and generation of statistics. Such data will not contain information that would allow the identification of the Client or their End Users individually.

9. Use Restrictions

When using LabsChats Services, the Client agrees not to perform, directly or indirectly, any of the following activities:

• Circumvent, disable, or interfere in any way with the security, authentication, or protection mechanisms of the LabsChats Software.
• Perform scraping, automated data extraction, or systematic collection of information from the LabsChats Software without express written authorization.
• Attempt unauthorized access to LabsChats systems, servers, networks, or databases, or those of third parties through the Services.
• Distribute, transmit, or facilitate the spread of malware, viruses, trojans, ransomware, or any other malicious code through the Services.
• Reverse engineer, decompile, disassemble, or attempt to obtain the source code of the LabsChats Software by any means.
• Use the Services for illegal, fraudulent, defamatory, discriminatory activities, or activities that infringe upon third-party rights.
• Sublicense, resell, lease, or transfer access to the Services to third parties without prior written authorization from LabsChats.

10. Your Content

The Client retains all ownership rights to the content they upload, publish, or transmit through the Services, including text, images, files, conversational flows, and knowledge bases. The Client is solely responsible for ensuring that such content does not infringe third-party intellectual property rights or violate Applicable Laws.

LabsChats assumes no responsibility for content stored, processed, or transmitted by the Client through the Services. In the event of a third-party claim related to the Client's content, the Client agrees to assume the defense and associated costs, holding LabsChats harmless from all liability.

11. Warranties

The Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory. LabsChats does not guarantee that the Services will be uninterrupted, error-free, completely secure, or that they will meet the Client's specific expectations.

To the maximum extent permitted by Applicable Laws, LabsChats expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and satisfactory quality.

12. Limitation of Liability

In no event shall the total cumulative liability of LabsChats to the Client, for any cause and under any theory of liability (contractual, tort, negligence, or otherwise), exceed the total amount actually paid by the Client to LabsChats during the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall LabsChats be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or loss of business opportunities, even if LabsChats has been advised of the possibility of such damages.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless LabsChats, its directors, employees, agents, licensors, and service providers against any claim, demand, damage, loss, cost, or expense (including reasonable attorney's fees) arising from or related to: (a) the use of the Services by the Client or their End Users; (b) violation of these Terms and Conditions; (c) infringement of intellectual property rights or any other third-party rights; or (d) content published or transmitted by the Client through the Services.

14. Changes to the Service

LabsChats reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time and without prior notice. This includes, without limitation, changes to features, characteristics, interfaces, integrations, usage limits, and any other component of the Services. LabsChats shall not be liable to the Client or any third party for any modification, suspension, or interruption of the Services.

15. Termination

The Client may cancel their subscription at any time by sending an email notification to [email protected]. The cancellation will be effective at the end of the current billing period. No refunds will be issued for partial periods, except as provided in the Pricing and Payments section.

Upon termination of the contract, LabsChats will delete all Client data stored on its servers within a maximum period of thirty (30) calendar days. The Client is responsible for backing up their content before cancellation, as LabsChats will not be obligated to retain or provide such information after the deletion period has elapsed.

16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Guatemala, without giving effect to conflict of law principles. Any dispute, controversy, or claim arising from or related to these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Guatemala City, Republic of Guatemala, with the parties expressly waiving any other jurisdiction that may apply.

17. Contact

If you have questions, comments, or concerns about these Terms and Conditions, you may contact us through the following means:

• Email: [email protected]
• Phone: (+502) 4216-8148