Terms of Service

1. Acceptance

These terms govern the use of SocialChat365, a service provided by TRACKEX S.A.S. By signing up for or using the platform you accept these terms and our Privacy Policy. If you sign up on behalf of a business, you represent that you have authority to bind it. Acceptance takes place when you sign up and when you connect each channel, and we may record it with the date, time, user and IP address.

2. Definitions

• Customer: the business or person that subscribes to SocialChat365.
• Users: the administrators and agents the customer enables in its account.
• End customers: the people who write to or comment on the customer via WhatsApp, Messenger or Instagram.
• Replies: the replies generated by the AI assistant that count against the plan's monthly quota.

3. Service description

SocialChat365 is a software-as-a-service (SaaS) platform that lets the customer:

• bring WhatsApp Business, Facebook Messenger and Instagram Direct conversations together in a shared inbox;
• read and reply to comments on its Facebook Pages and Instagram professional accounts;
• create, approve and publish content to those Pages and accounts;
• manage contacts, WhatsApp campaigns, appointments, catalog, orders and payments;
• optionally use an artificial intelligence assistant that replies according to its instructions.

Available features depend on the subscribed plan.

4. Sign-up and account

• You must provide true information and keep it up to date. Your email is verified with a code.
• You are responsible for the security of your password and for everything the users of your account do.
• You may only connect Pages, Instagram accounts and WhatsApp numbers that you own or are authorized to manage.
• By connecting a WhatsApp number you also accept the WhatsApp Business Messaging Policy and Meta's terms, and you represent that your business and its use of the channel comply with them.
• Let us know immediately if you detect unauthorized use of your account.

5. Free trial

New accounts may use a free trial limited in time and quota, under the conditions published at socialchat365.com. One trial is allowed per mobile number and per WhatsApp number. If you do not subscribe to a plan when the trial ends, the AI and outgoing messages are paused, and then the channels are disconnected and the data is deleted as described in the Privacy Policy.

6. Plans, prices and payments

• Plans, their limits (channels, users, agents and replies per month) and their prices are published at socialchat365.com. Applicable taxes are added to the prices.
• The monthly fee is paid in advance by card, through the payment gateway, or by bank transfer. Card charges repeat automatically on each billing date until you cancel.
• The reply quota renews on each billing date and does not roll over. You can buy additional packs, which have their own validity period.
• Setup assisted by our team may carry an activation fee, disclosed before you subscribe.
• Fees charged by Meta for WhatsApp conversations or templates are paid by the customer directly to Meta.

7. Non-payment

If a charge fails, we will retry it and notify you. After the grace period, the AI and outgoing messages are paused; if the debt continues, the panel becomes read-only and, finally, the account is canceled and the channels are disconnected. Once you pay, the account is reactivated immediately.

8. Plan changes, cancellation and refunds

• You can upgrade at any time by paying the prorated difference until the next billing date. Downgrades take effect on the next billing date.
• You can cancel whenever you want, with no minimum term. The service remains active until the end of the paid period.
• Payments made are non-refundable, including the annual plan if canceled before it expires, except as required by law.

9. Acceptable use

You agree not to use the platform to:

• send spam or messages to people who did not give their consent;
• commit fraud, impersonate others or distribute content that is illegal, misleading, offensive or infringes third-party rights;
• violate the Meta Platform Terms or the WhatsApp Business, Messenger and Instagram policies, including the 24-hour window for replying to messages;
• promote political parties, movements or organizations, candidates, or political or electoral campaigns, or provide or offer services related to politics, which is prohibited by the WhatsApp Business policy;
• sell or promote products or services prohibited by Meta's and WhatsApp's commerce policies (for example, drugs, weapons, gambling or adult content);
• send messages to lists that were bought, rented, obtained from third parties or taken from public sources without each person's consent;
• scrape Meta data or use the platform to obtain data for purposes other than serving your customers;
• attempt to access other customers' accounts or data, or interfere with the security or operation of the service.

10. Consent of contacts and opt-outs

Before messaging a person on WhatsApp with templates or campaigns, you must have their consent to receive messages from your business on that channel. You must keep proof of that consent (date, method and the text they accepted) and provide it to us within 5 business days if we request it. You must immediately honor anyone who asks to stop receiving messages; the platform marks those contacts as opted out, and you must not upload them again to message them.

11. Review and preventive measures

To protect the platform and comply with Meta, we may:

• review templates and campaigns before they are sent to Meta or to your contacts, and hold or reject them if we reasonably believe they breach these terms or Meta's policies;
• immediately and without prior notice pause your campaigns, automated rules or sending if Meta issues an alert, your account's quality drops, we receive reports, or there is reasonable suspicion of a breach;
• cooperate with Meta, report what is necessary about the breach, and disconnect your number, Page or account from our app.

These powers do not oblige us to review all of your content, nor do they make us responsible for it.

12. Artificial intelligence and content

AI-generated replies and posts follow the instructions you set and may contain errors. You are responsible for the content sent and published from your account, and for reviewing the information the assistant gives your customers. You can require approval before publishing, and your agents can take over any conversation.

13. Ownership of data and software

• You remain the owner of your customers' data and the content you upload. TRACKEX S.A.S. processes it solely to provide the service, as described in the Privacy Policy.
• The software, the SocialChat365 brand and its materials are owned by TRACKEX S.A.S. This agreement grants you a right to use them while your account is active, not a license to copy or resell them.

14. Third-party services

SocialChat365 relies on third-party services such as Meta (WhatsApp, Facebook and Instagram), AI providers and the payment gateway. Their changes, outages or decisions about your accounts may affect the service and are beyond our control.

15. Availability and support

We make reasonable efforts to keep the service available, but we do not guarantee uninterrupted operation. We may perform scheduled maintenance. Support is provided via WhatsApp and email.

16. Suspension and termination

We may suspend or cancel an account that breaches these terms, Meta's policies or the law, or that puts the platform or other customers at risk. When possible, we will give notice first. In serious cases, such as political use, spam, Meta alerts or a risk to SocialChat365's standing as a provider with Meta, the suspension may be immediate and without prior notice. A suspension or termination for breach does not entitle you to a refund. After termination, data is deleted as described in the Privacy Policy.

17. Indemnification

You agree to indemnify and hold TRACKEX S.A.S. harmless from any claims, fines, penalties, damages and expenses, including attorneys' fees, arising from a breach of these terms, Meta's policies or data protection law, or from the content sent from your account. This includes restrictions that Meta applies to the app, the business portfolio or the technology provider status of TRACKEX S.A.S. because of your use.

18. Limitation of liability

The service is provided "as is". To the extent permitted by law, TRACKEX S.A.S. is not liable for indirect damages, lost profits or lost sales, nor for suspensions, blocks or penalties applied directly by Meta. The total liability of TRACKEX S.A.S. is limited to the amount paid by the customer in the three months before the event giving rise to it. This limitation does not apply to your indemnification or payment obligations.

19. Changes to these terms

We may update these terms. We will publish the new version on this page with its date and notify significant changes by email or in the panel. If you keep using the service after the change, you accept the new version.

20. Governing law and jurisdiction

This agreement is governed by the laws of the Republic of Ecuador. Any dispute will be submitted to the competent courts of the city of Machala.

21. Contact

For any question about these terms, write to contacto@socialchat365.com.

This is an English translation. In case of discrepancy, the Spanish version prevails.