Simplified Privacy Notice

Terms of Service

Last updated: December 24, 2024

1. Agreement to Terms

Welcome to Nubiera ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered chatbot platform ("Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Contact Information:

Email: support@nubiera.com

Website: https://chatbot.nubiera.com

2. Description of Service

Nubiera provides an AI-powered chatbot platform that enables businesses to:

Core Features:

Automate customer communications via messaging channels (WhatsApp, Telegram, etc.)

Create and manage AI-powered chatbot workflows

Process and respond to customer messages using artificial intelligence

Schedule appointments via Google Calendar integration

Manage customer relationships through built-in CRM features

AI Capabilities:

Natural language processing and understanding

Automated response generation

Voice message transcription

Image analysis and description

Multi-language support

The Service is designed for business use to enhance customer engagement and automate routine communications.

3. Account Registration

Requirements:

You must provide accurate, complete, and current information

You must be at least 18 years old or the legal age of majority in your jurisdiction

You must have authority to bind the business you represent

Account Security:

You are responsible for maintaining the confidentiality of your credentials

You are responsible for all activities under your account

You must notify us immediately of any unauthorized use

One Account per Entity:

Each business should maintain one primary account

Sub-accounts may be created for team members with appropriate permissions

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You MUST:

Comply with all applicable laws and regulations

Obtain necessary consents from end-users before processing their messages

Use the Service only for legitimate business communications

Respect the privacy and rights of others

You MUST NOT:

Send spam, unsolicited messages, or bulk marketing without consent

Use the Service for illegal activities or to promote illegal content

Impersonate others or provide false information

Attempt to circumvent security measures or access unauthorized data

Use the Service to harass, abuse, or threaten others

Transmit malware, viruses, or harmful code

Violate intellectual property rights of others

Use the Service for phishing or fraudulent schemes

Overload or interfere with the Service's infrastructure

Channel-Specific Rules:

When using WhatsApp integration, you must comply with WhatsApp Business Policy

When using Google Calendar integration, you must comply with Google's terms of service

5. AI-Generated Content

Nature of AI Responses:

Our Service uses artificial intelligence to generate responses

AI-generated content may not always be accurate, complete, or appropriate

You should review AI responses for accuracy before relying on them

Your Responsibility:

You are responsible for the content sent through your chatbots

You should monitor AI responses and correct errors promptly

You should not use AI to generate illegal, harmful, or misleading content

Limitations:

AI models have knowledge cutoff dates and may not reflect recent events

AI may occasionally generate incorrect or nonsensical responses

AI should not be used as a substitute for professional advice (legal, medical, financial, etc.)

Improvement:

We may use anonymized interaction data to improve our AI models

You can opt out of AI training by contacting us

6. Intellectual Property

Our Property:

The Service, including its original content, features, and functionality, is owned by Nubiera

Our trademarks, logos, and service marks are our property

You may not use our intellectual property without written permission

Your Content:

You retain ownership of content you create or upload

You grant us a license to use your content to provide and improve the Service

This license includes the right to process, store, and transmit your content

Third-Party Content:

Some features may include third-party content or integrations

Third-party content is subject to its own terms and licenses

Feedback:

If you provide feedback or suggestions, we may use them without obligation to you

7. Third-Party Integrations

Available Integrations:

Google Calendar (appointment scheduling)

WhatsApp Business (messaging)

Telegram (messaging)

Other services as they become available

Your Responsibility:

You are responsible for configuring integrations correctly

You must comply with each third party's terms of service

Integration failures may affect Service functionality

Data Sharing:

When you enable integrations, data may be shared with third parties

Review each integration's privacy implications before enabling

No Warranty:

We do not control third-party services

We are not responsible for third-party service availability or functionality

Integration features may change based on third-party decisions

8. Payment Terms

Pricing:

Current pricing is available on our website

Prices are subject to change with notice

Billing:

Subscription fees are billed in advance on a monthly or annual basis

Usage-based fees (if applicable) are billed in arrears

Payment Methods:

We accept major credit cards and other payment methods as displayed

You authorize us to charge your payment method for fees due

Refunds:

Monthly subscriptions: Refunds available within 14 days of initial purchase

Annual subscriptions: Refunds available within 30 days of initial purchase

Usage fees are non-refundable

Late Payment:

Overdue accounts may be suspended

We may charge interest on overdue amounts as permitted by law

9. Service Availability

Uptime:

We strive to maintain high availability but do not guarantee 100% uptime

We may perform scheduled maintenance with advance notice

Emergency maintenance may occur without notice

Modifications:

We may modify, suspend, or discontinue features at any time

We will provide reasonable notice of significant changes

Continued use after changes constitutes acceptance

No Guarantee:

The Service is provided "as is" without warranty of uninterrupted operation

We are not liable for service interruptions beyond our reasonable control

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Disclaimer of Warranties:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Damages:

IN NO EVENT SHALL NUBIERA BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages

Lost profits, revenue, data, or business opportunities

Damages arising from AI-generated content

Damages arising from third-party integrations

Damages exceeding the fees paid by you in the 12 months preceding the claim

Exceptions:

These limitations do not apply to liability arising from:

Our gross negligence or willful misconduct

Fraud or fraudulent misrepresentation

Liability that cannot be limited by law

11. Indemnification

You agree to indemnify and hold harmless Nubiera and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service

Your violation of these Terms

Your violation of any rights of another party

Content you submit through the Service

Your chatbot's interactions with end-users

Your use of third-party integrations

We will notify you of any such claim and cooperate in your defense.

12. Termination

Your Right to Terminate:

You may close your account at any time through account settings

You may request deletion of your data per our Privacy Policy

Our Right to Terminate:

We may suspend or terminate accounts that violate these Terms

We may terminate accounts for non-payment

We may terminate the Service with 30 days notice

Effect of Termination:

Your right to use the Service ends immediately

We may retain certain data as required by law or for legitimate purposes

Provisions that should survive termination will remain in effect

Data Export:

You may export your data before termination

After termination, data access may be limited

13. Dispute Resolution

Informal Resolution:

Before filing a legal claim, you agree to contact us to attempt resolution

Email: legal@nubiera.com

We will attempt to resolve disputes within 30 days

Governing Law:

These Terms are governed by the laws of the State of Delaware, USA

For users in Mexico, mandatory local consumer protection laws may apply

Arbitration:

Disputes not resolved informally may be submitted to binding arbitration

Arbitration will be conducted under AAA Commercial Arbitration Rules

Class action waivers apply to the extent permitted by law

Exceptions:

Either party may seek injunctive relief in court for intellectual property disputes

Small claims court actions are permitted

14. Para Usuarios en Mexico (For Users in Mexico)

Si usted es usuario en Mexico, los siguientes terminos adicionales aplican:

Ley Aplicable:

Estos terminos se interpretan conforme a la legislacion mexicana cuando sea obligatorio

La Ley Federal de Proteccion al Consumidor (PROFECO) aplica a relaciones de consumo

Derechos del Consumidor:

Tiene derecho a solicitar la bonificacion o devolucion de pagos por servicios no prestados

Puede presentar quejas ante PROFECO

Resolucion de Disputas:

Las disputas pueden resolverse ante PROFECO o tribunales mexicanos competentes

Para reclamaciones, contacte: legal@nubiera.com

Idioma:

En caso de conflicto entre versiones en ingles y espanol, prevalecera la version que mas beneficie al consumidor

15. General Provisions

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nubiera.

Severability:

If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver:

Our failure to enforce any right is not a waiver of that right.

Assignment:

You may not assign these Terms. We may assign our rights to an affiliate or successor.

Force Majeure:

We are not liable for failures due to circumstances beyond our reasonable control.

Notices:

We may send notices via email to your registered address

You may send notices to legal@nubiera.com

Headings:

Section headings are for convenience and do not affect interpretation.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by:

Posting a notice on our platform

Sending an email to registered users

Updating the "Last Updated" date at the top

Changes take effect 30 days after posting unless otherwise specified. Continued use of the Service after changes constitutes acceptance.

If you disagree with changes, you may close your account before they take effect.

17. Contact Information

If you have questions about these Terms, please contact us:

General Support: