Terms and Conditions of Use

1. General information and identification

These Terms and Conditions of Use (hereinafter, “the Conditions”) govern access to and use of the Coventia WhatsApp platform (hereinafter, “the Platform” or “the Service”), accessible at https://whatsapp.coventia.es, owned by:

• Company name: Coventia Legal S.L.
• CIF: B56685738
• Registered office: Valencia, España
• Email: wa@coventia.es

Access to, registration with, or use of the Platform implies full and unconditional acceptance of these Conditions, as well as of the Privacy Policy. If the user does not agree with any of these Conditions, they must refrain from using the Platform.

2. Definitions

• Platform: the Coventia WhatsApp SaaS service, accessible at whatsapp.coventia.es, which enables the management of multichannel communications.
• Business User (or Client): the natural or legal person who contracts the Platform's services to manage communications with their own clients.
• End User: any person who communicates with a Business User through the channels managed by the Platform.
• Account: the access profile created by the Business User on the Platform.
• Channels: the means of communication integrated into the Platform, such as the WhatsApp Business API, email (Gmail or others) and any others that may be incorporated.

3. Description of the service

Coventia WhatsApp is a communications platform that offers, among others, the following features:

• Sending and receiving messages through Meta's WhatsApp Business API.
• Integration of email channels via OAuth connection with providers such as Google/Gmail, enabling a unified inbox.
• Conversation management and the assignment of agents and teams.
• Message automation and, where applicable, artificial intelligence features for customer service.
• Message templates, bulk sending and scheduling of communications, subject to Meta's policies and those of each channel's providers.
• Dashboard of communication metrics and statistics.

Coventia reserves the right to modify, expand or remove features of the Platform at any time, giving the user prior notice when such changes materially affect the contracted service.

4. Registration and user account

To access the Platform, the Business User must create an account by providing truthful, complete and up-to-date information. The user is responsible for:

• Maintaining the confidentiality of their access credentials.
• Immediately notifying Coventia of any unauthorized use of their account.
• All activity carried out from their account, regardless of who performs it.

Coventia reserves the right to suspend or cancel accounts that contain false or incomplete information or that are used in breach of these Conditions.

5. Integrations with third-party services

5.1. WhatsApp Business API (Meta)

The use of the WhatsApp Business API through the Platform is subject to the WhatsApp Business Terms of Service and Meta's Policies. The Business User undertakes to comply with those policies, including the restrictions on content, frequency and type of messages. Coventia is not responsible for Meta's decisions regarding the suspension, limitation or revocation of the Business User's access to the WhatsApp Business API.

5.2. Integration with Google/Gmail (OAuth)

The Platform allows the Business User to connect their Google/Gmail account to use it as an email channel. This connection is made through Google's OAuth 2.0 protocol and requires the user's express consent. Upon connecting their account:

• The user authorizes Coventia to access their Gmail account to read, manage and send emails on their behalf, exclusively within the Platform's unified inbox functionality.
• The user may revoke this access at any time from the Platform's settings or from the permission settings of their Google account.
• Coventia will use Google data in accordance with its Privacy Policy and the Google API Services User Data Policy, including the Limited Use requirements.

Coventia is not responsible for interruptions, changes or restrictions imposed by Google on its services or APIs.

6. User obligations

The Business User undertakes to:

• Use the Platform in accordance with applicable law, these Conditions and the Privacy Policy.
• Not use the Platform to send spam, unsolicited messages, or content that is unlawful, defamatory, pornographic, discriminatory or that infringes the rights of third parties.
• Comply with data protection regulations (GDPR, LOPDGDD) in relation to the personal data of their own end clients managed through the Platform, acting as data controller or joint controller as applicable.
• Obtain all necessary consents from their end clients for sending communications through the channels integrated into the Platform.
• Comply with the usage policies of Meta (WhatsApp Business), Google and any other integrated channel provider.
• Not attempt to access restricted areas of the Platform, the accounts of other users, or perform actions that compromise the security or integrity of the system.
• Not reverse engineer, decompile or disassemble the Platform or any of its components.

7. Coventia's obligations

Coventia undertakes to:

• Provide the service with due diligence, in accordance with industry standards.
• Keep the Platform operational and accessible, except for interruptions due to scheduled maintenance or force majeure.
• Notify the user with reasonable advance notice of planned service interruptions.
• Adopt appropriate security measures to protect the data processed through the Platform.
• Respond to technical support requests within reasonable timeframes.

8. Pricing and billing

The prices of the service shall be governed by the rates in force at the time of contracting, available on the Platform or communicated directly to the Business User. Coventia may modify the rates by giving at least 30 days' notice. If the user does not accept the new rate, they may terminate the contract without penalty.

Billing shall be carried out periodically according to the contracted plan. Non-payment of any invoice entitles Coventia to suspend access to the service until the payment is settled, without prejudice to any legal actions that may apply.

9. Intellectual and industrial property

All intellectual and industrial property rights over the Platform (including the software, design, logos, trademarks, texts, images and any other element) belong to Coventia Legal S.L. or its licensors.

Contracting the service does not entail the assignment of any intellectual property right to the user. The Business User is granted a limited, non-exclusive, non-transferable and revocable license to use the Platform during the term of the contract and exclusively for the purposes provided for in these Conditions.

The content generated by the Business User (messages, files, their own templates) shall remain the property of the user.

10. Limitation of liability

Coventia shall not be liable for:

• Interruptions, limitations or suspensions of the service caused by decisions of third-party providers (Meta, Google or others).
• Damages arising from the user's breach of Meta's or Google's policies or of applicable law.
• Loss of data, loss of profit or indirect damages, except in cases of willful misconduct or gross negligence.
• The content of the messages sent by the Business User through the Platform, the user being solely responsible for them.
• Errors, interruptions or vulnerabilities in the third-party services integrated into the Platform.

Coventia's total liability towards the user shall be limited, in any event, to the amount of the fees actually paid by the user in the 12 months preceding the event giving rise to the damage.

11. Term and termination of the contract

The contract shall have the term agreed at the time of contracting and shall be automatically renewed for periods of equal duration, unless either party gives notice of its intention not to renew at least 30 days before the expiry date.

Coventia may terminate the contract immediately in the event of:

• Serious breach of these Conditions by the user.
• Use of the Platform for unlawful activities or activities contrary to the channel providers' policies.
• Repeated non-payment of the service fees.

In the event of termination, the Business User may request the export of their data in a standard format within the 30 days following the end of the service.

12. Suspension of the service

Coventia may temporarily suspend a user's access to the service when:

• There are reasonable indications of improper or fraudulent use of the Platform.
• It is necessary to carry out maintenance or update tasks.
• It is required by a competent authority.
• The user is in a situation of non-payment.

Coventia shall notify the user of the suspension and its reasons as soon as possible, unless there are legal or security reasons that prevent such notification.

13. Data protection

The processing of personal data carried out through the Platform is governed by the Coventia WhatsApp Privacy Policy, available on the Platform itself.

In cases where Coventia acts as data processor on behalf of the Business User, the parties shall enter into the corresponding data processing agreement in accordance with Article 28 of the GDPR, which shall form an integral part of these Conditions.

14. Governing law and jurisdiction

These Conditions shall be governed by and construed in accordance with Spanish law. For the resolution of any dispute arising from these Conditions, the parties submit to the jurisdiction of the Courts and Tribunals of Murcia, expressly waiving any other jurisdiction that may correspond to them, unless the legislation applicable to consumers provides otherwise.

15. Amendment of the conditions

Coventia reserves the right to amend these Conditions at any time. Amendments shall be notified to the user through the Platform or by email at least 30 days before they take effect. Continued use of the Platform after notification shall constitute acceptance of the new Conditions. If the user does not agree with the changes, they may terminate the contract as provided for in clause 11.

16. Partial invalidity

If any clause of these Conditions is declared null or unenforceable, the remaining clauses shall retain full force and effect. The null clause shall be replaced by another that, being valid, fulfills as far as possible the purpose of the replaced clause.

17. Contact

For any queries regarding these Conditions, the user may contact: