Terms of Service

1. Services offered

GENBIA provides business clients, as agreed in writing, with:

• Process automation and integrations between CRM, ERP, spreadsheets, APIs, and messaging channels.
• Design, deployment, and operation of n8n workflows (cloud or self-hosted).
• AI agents with tools and real actions agreed upon with the client.
• Implementation and support of WhatsApp Business Platform (Cloud API) and, where applicable, other Meta messaging products.
• Custom software development, SaaS, hosted WhatsApp CRM, and mobile applications.
• Documentation, training, and technical support for the activation and operation of digital channels.
• Access to and operation of the WhatsApp CRM hosted by GENBIA (inbox, templates, automation) when the client contracts that product.

2. Client responsibilities

The client agrees to:

• Provide valid and up-to-date assets (WhatsApp Business numbers, Facebook pages, Instagram accounts, credentials for proprietary systems).
• Keep their commercial portfolio and Meta Business Manager in good standing with the contact information required by Meta.
• Obtain legally sufficient consent or opt-in before contacting individuals via WhatsApp, Messenger, or Instagram, and provide a clear opt-out mechanism.
• Use the services in compliance with Meta policies (Platform Terms, Developer Policies, WhatsApp Business Platform), applicable laws, and these terms.
• Not send spam, prohibited content, or unsolicited messages; respect messaging windows, templates, and permitted categories.
• Designate a point of contact with authority to approve scopes, changes, and technical access.

3. Genbia responsibilities

GENBIA agrees to:

• Configure and operate technical workflows securely, with documentation and, where appropriate, segmentation per client.
• Maintain the confidentiality of tokens, credentials, and client data except where required by law or express client instruction.
• Act as an implementation provider or Tech Provider solely for the benefit of the client who contracts us, without using their assets for purposes other than the agreed scope.
• Provide reasonable support during business hours through agreed channels (email, meetings, documentation).
• Inform the client of relevant incidents affecting integrations under our control.

4. Compliance with Meta and platforms

When the project uses Meta APIs, the client and Genbia must comply with the Platform Terms, Developer Policies, and applicable documentation for WhatsApp Business Platform and related products.

GENBIA implements integrations through Meta's official channels. The client is responsible for the use of their commercial account, message quality, templates, end-user opt-in, and compliance with content policies.

If Meta restricts, limits, or revokes permissions due to non-compliance attributable to the client or third parties outside Genbia's control, we will cooperate in remediation within the contracted scope, without guaranteeing automatic restoration of access.

5. Limitation of liability

Except in cases of willful misconduct or gross negligence, GENBIA shall not be liable for:

• Suspensions, blocks, messaging limits, or permission revocations decided by Meta or other providers.
• Errors arising from misconfigured assets, expired credentials, or incorrect instructions provided by the client.
• Data loss due to improper use of APIs outside authorized workflows or without agreed safeguards.
• Indirect damages, lost profits, or consequential damages, to the extent permitted by applicable law.

Genbia's total liability for a specific project shall be limited, unless otherwise agreed in writing, to the amount actually paid by the client for that project in the twelve (12) months preceding the event giving rise to the claim.

6. Intellectual property and confidentiality

Unless otherwise agreed in writing, the client retains ownership of their brands, data, and content. Code, workflows, and deliverables developed specifically for the client are transferred or licensed according to the project contract.

Both parties shall keep confidential the non-public information exchanged during the provision of the service.

7. Modifications, refunds, and applicable law

We may update these terms by publishing the current version at this URL. For clients with an active contract, material changes will be communicated by email or through an agreed channel.

Refund and project cancellation policies are detailed at https://genbia.com/refund-policy, unless otherwise agreed in a signed contract.

Unless the parties agree otherwise in writing, these terms shall be interpreted in accordance with the laws of the Republic of Chile. The courts of Santiago shall have jurisdiction, without prejudice to alternative dispute resolution mechanisms agreed in the commercial contract.

Questions about these terms: [email protected].