TERMS AND CONDITIONS OF OPERATION
HiBot©® · Communication Management Web Platform
Digital Interactions S.A.S.
📌 Tax ID NIT 901350658-5
📍 Carrera 30 A 10 D 52 Of 201, Medellín
✉️ soporte@hibot.us
📅 Effective: July 15, 2023 · Version 3.0
📑 Table of Contents
Introduction I. Customer Registration II. Services Offered
III. Service Features IV. Fees and Payment V. Lawful Use
VI. Disclaimer of Liability VII. Advertising Messages
VIII. Intellectual Property IX. Links X. Data Policy
XI. Service Failure XII. Governing Law XIII. Contact
XIV. Modifications XV. Term
INTRODUCTION
Dear Customer, by selecting the acceptance box of our terms of use, you accept and agree to comply with and be bound by the terms and conditions of use, privacy policies and copyrights of this Web Platform, which may be modified without prior notice at any time by DIGITAL INTERACTIONS S.A.S. If you are entering into this contract on behalf of a company or other legal entity, you declare that you have the authority to bind such entity in accordance with the terms and conditions of this Web Platform and, in that case, “you” and “your” as used in these conditions shall refer to such entity. If you do not have such authority, or if you do not agree that you are entering into this contract on behalf of a company or other legal entity, you may not use the services of this Web Platform. These General Conditions of Use apply to the Hibot©® WEB PLATFORM, whose owner and administrator is DIGITAL INTERACTIONS S.A.S, whether you access as HIBOT Platform or as a white label or other environment. DIGITAL INTERACTIONS S.A.S makes available to users who access the Web Platform on their computers or mobile devices and therefore use it, which implies full acceptance by THE CUSTOMER of all the General Conditions of Use of the HiBot©® WEB PLATFORM, hereinafter THE WEB PLATFORM, in force at the time the User accesses it, therefore, if the User does not agree with any of the conditions established herein, he/she should not use our Web Platform. DIGITAL INTERACTIONS S.A.S reserves the right to modify at any time these General Conditions of Use of THE WEB PLATFORM, as well as any other general or particular conditions, use regulations, instructions or notices resulting from the Web Platform. Likewise, DIGITAL INTERACTIONS S.A.S reserves the right to suspend, interrupt or cease operating THE WEB PLATFORM at any time without giving any explanation and without you or your company being entitled to claim any compensation for any reason. All natural or legal persons resident or domiciled outside Colombia must ensure that access to and use of THE WEB PLATFORM and/or its content is permitted in accordance with their own legislation. In any case, access to and use of THE WEB PLATFORM by a Customer residing outside Colombia shall be understood to be carried out under their sole responsibility, releasing DIGITAL INTERACTIONS S.A.S from any liability to the extent permitted by applicable law. WhatsApp®, Facebook® Messenger®, Instagram®, Mercado Libre®, Telegram®, Apple Business Chat®, as well as their respective logos are registered trademarks of their owners and are not affiliated with DIGITAL INTERACTIONS S.A.S. Any questions or concerns regarding these General Conditions of Use please send to soporte@hibot.us and it will be answered as soon as possible.I. CUSTOMER REGISTRATION
Before registering, Customers must be clear that THE WEB PLATFORM has been designed as a communication management platform for a company with its clients, users, buyers and employees or collaborators. Any new Customer may register on THE WEB PLATFORM, after reading, understanding and accepting this document and the Personal Data Processing Policy. To register on THE WEB PLATFORM, you will be asked to create a User profile by completing the following information: Full name, identification document number or tax identification number or equivalent, residence address, municipality, country, landline and mobile phone number and email. By proceeding with registration, you as a Customer represent and warrant: (i) That the registration data provided is truthful, accurate, current and complete; (ii) That you are of legal age. DIGITAL INTERACTIONS S.A.S is not responsible for the accuracy of the personal data provided by Customers. Each Customer may hold one or several accounts or registrations on THE WEB PLATFORM, according to the acquired and activated plan. DIGITAL INTERACTIONS S.A.S is authorized to delete those accounts or registrations in case of fraudulent use and/or contrary to good faith and, if it so decides, initiate appropriate legal actions. Likewise, DIGITAL INTERACTIONS S.A.S reserves the right to verify the data provided through registration and if it cannot confirm any of the Customer’s data, it is authorized to temporarily suspend or delete the Customer’s data when deemed necessary. The Customer name or that of its users and its password are non-transferable among various Customer agents. The Customer undertakes to make appropriate use of them. The use and administration of accounts is the sole responsibility of the Customer and therefore of the operations and use given to the services. It is your duty to safeguard your access passwords. Registration, access and use of or through THE WEB PLATFORM by the Customer must be carried out exclusively by adults. In the case of legal entities, only duly formalized persons with legal capacity to contract and bind themselves may register or use THE WEB PLATFORM. Customer registration information will be collected, stored and used by DIGITAL INTERACTIONS S.A.S, maintaining sufficient security standards to prevent any alteration, loss, consultation, use or unauthorized or fraudulent access, and guaranteeing the rights of data holders, in accordance with the Personal Data Processing Policy of DIGITAL INTERACTIONS S.A.S which can be consulted on our website https://hibotchat.com.II. SERVICES OFFERED AND PROCEDURE FOR USING THIS WEB PLATFORM
Through THE WEB PLATFORM, integration with instant messaging services between companies and their clients, information management, conversation storage, history consultation, reports and user monitoring are provided. To use THE WEB PLATFORM, the Customer and its users, once registered, follow the instructions for use of THE WEB PLATFORM. The Customer can resolve their concerns through the “help center” which you can access through https://hibotchat.com at the “Resources” link or in any case express any concern regarding the use of THE WEB PLATFORM to the email soporte@hibot.us. THE WEB PLATFORM does not provide access to emergency services or emergency service providers, such as police, fire or hospitals, nor does it connect to public safety answering points.III. SERVICE FEATURES
Sufficient information will be made available on THE WEB PLATFORM to illustrate the Customer or its Users about the services of THE WEB PLATFORM. Services include:- Access to THE WEB PLATFORM as SaaS
- Agents attending configured digital channels (such as WhatsApp, Facebook, Instagram, Telegram, LiveChat, Mercado Libre, Apple Business Chat). We warn that these channels impose their own rules and policies for the use of services.
- Full control of metrics and productivity of your Agents.
- Storage of all conversations to ensure service quality.
- Reports, statistics and dashboards to facilitate decision making.
- Integration capacity and options with other business systems and platforms.
- Flexible contract, no time limit, and flexible in number of licenses.
IV. APPLICABLE FEES FOR SERVICES AND PAYMENT METHOD
All fees for services offered on the Website will be indicated in US dollars, unless offered in local currency in some country. The Customer acknowledges that there are basic subscription fees and additional fees according to the characteristics of the plan chosen and accepted by the Customer. If two or more services are acquired, the unit price and total sale price will be indicated at the end of the sale. The Customer acknowledges and agrees that if their domicile is outside Colombia and they contract the services offered by DIGITAL INTERACTION, including licensing and development, they undertake to provide and/or use such services outside Colombian territory. Because it is a subscription acquired through e-commerce platforms that involve payments through transactional payment platforms, DIGITAL INTERACTIONS is not responsible for any additional costs arising from the application of bank commissions, exchange rates, withholdings or any other item that affects the final amount to be paid by the Customer. AUTOMATIC RENEWAL OF SERVICES: The Customer acknowledges and agrees that, failing to make a formal notification for termination or suspension of the service, it will be automatically renewed monthly indefinitely. Charges will apply for the entire month period, regardless of the number of days, hours or actual consumption.V. LAWFUL USE
The Customer undertakes to make lawful use of the Services of THE WEB PLATFORM and to use it only for legal, authorized and acceptable purposes, agreeing by accepting these Terms and Conditions not to use (or help others use) the Services in ways that: (a) violate, misappropriate or infringe the rights of DIGITAL INTERACTIONS S.A.S or third parties; (b) are illegal, obscene, defamatory, threatening, harassing or discriminatory; (c) involve the publication of falsehoods or misleading statements; (d) impersonate another person; (e) involve the sending of illegal communications such as mass or automatic messaging; or (f) involve any other non-personal use of the Services unless authorized. It is prohibited to: (a) reverse engineer, alter, modify, create derivative works, decompile or extract source code from THE WEB PLATFORM; (b) send, store or transmit a virus or other harmful computer code; (c) obtain or attempt to obtain unauthorized access to the Services or systems; (d) disrupt or interfere with the integrity or performance of the Services; (e) create accounts through automated or unauthorized means; (f) collect information about users in an inadmissible manner; (g) sell, resell, rent or charge for the Services; or (h) distribute or make available the Services on a network where it could be used on multiple devices at the same time.VI. DISCLAIMER OF LIABILITY FOR CONTENT TRANSMITTED THROUGH THE WEB PLATFORM AND FOR BLOCKING OF PHONE LINES
DIGITAL INTERACTIONS S.A.S. provides the services described in these Terms and Conditions as a Web platform for data exchange, but is not responsible for messages with content that violates gender, race, sexual orientation or cultural identity, or political freedom, nor for those that violate the constitutional rights of the recipients. It is the USER’s responsibility to adopt their own content control policies and they will be solely and directly responsible towards third parties with whom they interact through the Web Platform. The USER acknowledges and agrees that the Web Platform operates through other mobile phone platforms that have their own policies and procedures that are not within the sphere of control of DIGITAL INTERACTIONS S.A.S and, consequently, acknowledges and agrees that eventually their phone lines may be cancelled or blocked by unilateral decision of said technological platforms and this shall not incur any liability for DIGITAL INTERACTIONS S.A.S.VII. SENDING ADVERTISING MESSAGES
Please note that the following actions violate our Terms of Service:- Sending spam or unsolicited messages.
- Posting content (in status, profile pictures or messages) that is illegal, obscene, threatening, harassing, hateful, racially or ethnically offensive or inappropriate.
- Being annoying to other users.
- Being a repeat infringer.
VIII. INTELLECTUAL PROPERTY
The software, its graphic interface and source code of the HiBot©® WEB PLATFORM are works protected by Intellectual Property in accordance with national laws and International Treaties governing the matter and are the exclusive property of DIGITAL INTERACTIONS S.A.S. Likewise, all logos, images, trade names, slogans and trademarks are creations protected by Industrial Property and are the exclusive property of DIGITAL INTERACTIONS S.A.S. Likewise, all content generated through the HiBot©® Platform constitutes an original creation protected by Intellectual Property and is the exclusive property of DIGITAL INTERACTIONS S.A.S.IX. LINKS
THE WEB PLATFORM may contain links to third-party applications or websites or those of DIGITAL INTERACTIONS S.A.S. The Customer acknowledges and agrees that DIGITAL INTERACTIONS S.A.S is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products or services present or available on such sites or resources for which such third party is solely responsible.X. PERSONAL DATA PROCESSING POLICY
By accepting these Terms and Conditions, you also accept our Personal Data Processing Policy, which you can consult on our WEB PLATFORM.XI. SERVICE FAILURE
DIGITAL INTERACTIONS S.A.S will make its best effort to ensure that the operation of THE WEB PLATFORM is optimal and error-free, however, given the nature of THE WEB PLATFORM and since it operates on the internet, its error-free operation is not absolutely guaranteed. If this occurs, DIGITAL INTERACTIONS S.A.S will make its best effort to correct them as soon as possible. The Customer acknowledges and agrees that THE WEB PLATFORM is not affiliated with any messaging network and that it only provides an integrated service on these networks. These networks may change, extend, suspend services, actions that directly affect the availability of THE WEB PLATFORM. Such events shall not be the responsibility of DIGITAL INTERACTIONS S.A.S nor shall it be obliged to pay direct or indirect damages arising from said situation.XII. GOVERNING LAW AND DISPUTE RESOLUTION
This document and especially this agreement between the Customer and DIGITAL INTERACTIONS S.A.S shall be governed by the laws of the Republic of Colombia, especially the Civil Code, the Commercial Code, the Consumer Statute, the Personal Data Protection and Intellectual Property laws. In the event of a dispute between DIGITAL INTERACTIONS S.A.S and the Customer that could not be resolved through direct agreement, the Customer agrees to submit the difference to the decision of an amicable compositor appointed and compensated by both parties. The difference shall be resolved by him or the amicable compositors and the decision adopted by him or them shall be binding on both parties.XIII. CONTACT
If you need to contact DIGITAL INTERACTIONS S.A.S, administrator of the HiBot©® WEB PLATFORM, to submit suggestions, requests, complaints, claims or congratulations, the Customer must send a communication via email to soporte@hibot.us and indicate address, municipality, email, telephone and a detailed description of their need. If you require telephone assistance, you can do so during business hours Monday through Friday between 3:00 am and 12:00 am and Saturdays and Sundays between 4:00 am and 12:00 am (Colombia time).XIV. MODIFICATIONS TO THESE TERMS AND CONDITIONS
DIGITAL INTERACTIONS S.A.S reserves the right to modify or delete, at its sole discretion, at any time and without prior notice, these General Terms and Conditions. If they are modified, DIGITAL INTERACTIONS S.A.S will make the modified Terms public through a notice on THE WEB PLATFORM. All Terms will become effective 03 (three) days after their publication. Within 03 (three) days following the publication of the modifications introduced, the Customer may communicate their non-acceptance by email. If they do not accept them, the Customer will refrain from using THE WEB PLATFORM and any link between the Customer and DIGITAL INTERACTIONS S.A.S shall be understood to be dissolved, unless there is a pending payment due from the Customer, which in any case must be paid.XV. TERM
The version of these General Conditions is 3.0 and became effective on July 15, 2023.⚖️ Terms and Conditions updated in accordance with the laws of the Republic of Colombia. For any requests or questions, the Customer may contact DIGITAL INTERACTIONS S.A.S. through the official channels.