Terms and Conditions

1. ACCEPTANCE OF TERMS

By registering, accessing, or using ASPE Services, you declare that you have read, understood, and accepted these Terms. If you do not agree with any part of these Terms, you must not use the Services. Continued use of the Services constitutes acceptance of any modifications to these Terms.

2. DESCRIPTION OF SERVICES

ASPE provides a technology platform that allows Clients to:

• Create, configure, and deploy intelligent virtual agents.
• Integrate said agents with communication channels such as WhatsApp, web chat, email, and others.
• Manage conversations, automate responses, and analyze interactions with end users.
• Access configuration tools, reports, and APIs.

3. REGISTRATION AND ACCOUNT

3.1. Eligibility

To use the Services, you must be of legal age in your jurisdiction and have the legal capacity to enter into binding contracts.

3.2. Account Information

You are responsible for providing accurate and up-to-date information during registration and for maintaining the confidentiality of your access credentials.

3.3. Account Security

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. PLANS, PRICING, AND BILLING

4.1. Billing Models

ASPE offers different payment modalities that may include:

• Monthly subscription: Recurring charge at the beginning of each monthly period.
• Usage-based: Charge based on the volume of messages, conversations, or interactions processed.
• Mixed plans: Combination of a base subscription fee plus additional charges for excess consumption.

4.2. Billing

Payments are processed through Stripe, Inc. By providing payment information, you authorize ASPE to make the corresponding charges. ASPE does not store sensitive credit card data.

4.3. Price Changes

ASPE reserves the right to modify prices with at least 30 days prior notice. Changes will apply to the next billing cycle.

4.4. Taxes

Prices do not include applicable taxes. You are responsible for all taxes related to your use of the Services.

4.5. Refund and Cancellation Policy

• a) No Refunds for Voluntary Cancellation: Payments made for subscriptions or consumed credits are non-refundable. Upon canceling your subscription, you maintain access to the service until the end of the paid billing period.
• b) Cancellation Without Penalty: You may cancel your subscription at any time without additional charges. Cancellation takes effect at the end of the current billing cycle.
• c) Unused Credits: Credits included in your plan that are not consumed during the billing period are not cumulative or refundable.
• d) Erroneous Charges: In case of duplicate charges or billing errors attributable to ASPE, we will process the corresponding refund within 30 days of error notification.
• e) Nature of Service: ASPE is a subscription service that provides continuous access to the platform. The charge reflects service availability, regardless of the Client's level of use.

5. ACCEPTABLE USE

You agree to use the Services only for legal purposes and in accordance with these Terms. The following is prohibited:

• Using the Services for illegal, fraudulent, or deceptive activities.
• Transmitting content that is defamatory, obscene, threatening, or violates third-party rights.
• Attempting unauthorized access to ASPE systems, accounts, or data of other users.
• Interfering with the normal operation of the Services.
• Reselling, sublicensing, or redistributing the Services without express authorization.
• Using the Services to send spam or unsolicited communications.

6. INTELLECTUAL PROPERTY

6.1. ASPE Property

The platform, software, designs, trademarks, logos, and all related content are the exclusive property of AFFIX LLC and are protected by intellectual property laws.

6.2. Client Content

You retain all rights to content you upload to the platform. By doing so, you grant ASPE a limited license to process, store, and display such content solely to provide the Services.

6.3. Feedback

Any suggestions, comments, or ideas you provide about the Services may be used by ASPE without obligation of compensation.

7. PRIVACY AND DATA

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Services, you accept the practices described in said policy.

8. AVAILABILITY AND SUPPORT

8.1. Availability

ASPE strives to keep the Services available continuously but does not guarantee uninterrupted availability. Interruptions may occur due to maintenance, updates, or causes beyond our control.

8.2. Technical Support

The level of support available depends on the contracted plan. Support channels include email and WhatsApp during established hours. For more details on response times and service levels, see our Support Policy.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• ASPE shall not be liable for indirect, incidental, special, consequential, or punitive damages.
• ASPE's total liability shall not exceed the amount paid by the Client in the 12 months preceding the event giving rise to the claim.
• ASPE does not guarantee that the Services will meet all specific Client requirements or operate error-free.

10. INDEMNIFICATION

You agree to indemnify and hold harmless AFFIX LLC, its directors, employees, and agents from any claim, damage, loss, or expense (including attorney fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

11. TERMINATION

11.1. By the Client

You may cancel your account at any time. Fees paid are non-refundable unless otherwise indicated.

11.2. By ASPE

ASPE may suspend or terminate your access if you violate these Terms, fail to pay applicable fees, or for any other reason with 30 days prior notice.

11.3. Effects of Termination

Upon termination, your right to use the Services will cease immediately. ASPE may delete your data after a 30-day grace period.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to conflict of law principles. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of state and federal courts located in Delaware.

13. MODIFICATIONS

ASPE reserves the right to modify these Terms at any time. Changes will be posted on our website and, for substantial changes, we will notify Clients by email. Continued use of the Services after such changes constitutes acceptance of the modified Terms.

14. GENERAL PROVISIONS

• Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Services.
• Severability: If any provision is found invalid, the remaining provisions shall remain in full force.
• Waiver: Failure to exercise a right does not constitute a waiver thereof.
• Assignment: You may not assign these Terms without ASPE's prior consent.

15. CONTACT

For questions about these Terms, you may contact us at team@aspe.ai or via WhatsApp at +52 1 81 8172 4390.