TERMS AND CONDITIONS
Version: March 25, 2025
GENERAL ASPECTS SHAPINGBOTS Corp is a company registered in Delaware, USA, with the address 800 N King Street, Suite 304 2153, Wilmington, DE 19801, United States. For the purposes of these Terms and Conditions of Use of Shaping Bots Solutions (hereinafter, “Terms and Conditions”), it will be referred to as «Shaping Bots».
DEFINITIONS a) Chatbot: AI-based solution operating through chat tools such as WhatsApp, enabling conversations between a machine and a user.
b) Client: Natural or legal person using Shaping Bots Solutions to enable one or more Chatbots for the use of their End Users, accepting these Terms and Conditions.
c) Conversation: Set of one or more interactions occurring within a 24-hour period between an End User and a Chatbot.
d) Personal Data: Any information that allows identifying or making a natural person identifiable.
e) Generative Artificial Intelligence: Type of AI designed to create new and original content, such as text, images, music, or videos, based on patterns learned from large data sets.
f) Interaction: Message sent by a Chatbot to an End User in response to a previous message from the End User.
g) Platform: Set of technological tools allowing the Client to register, access, and use the Solutions.
h) Solutions: Technological solutions provided by Shaping Bots for the Client, comprising one or more Chatbots for their End Users, and access to one or more Dashboards.
i) Dashboard: Website allowing the Client to view information and manage data generated by one or more Chatbots.
j) SMS Terms and Conditions: These are the terms and conditions applicable to the use of SMS messaging for contacting Shaping Bots’ customers, applicable within the United States of America, and are accepted upon agreeing to these Terms and Conditions. They can be viewed on this webpage: https://shapingbots.com/sms-terms-and-conditions-usa/.
k) End User: Customers or potential customers of the Client.
l) WhatsApp: Chat tools referred to at https://www.whatsapp.com/
OBJECT These Terms and Conditions regulate the authorization of use granted by Shaping Bots to Clients for the utilization of Solutions to serve their End Users through one or more Chatbots and use generated data to grow and/or improve their business.
ACCEPTANCE OF TERMS AND CONDITIONS The Client voluntarily accepts the entirety of these Terms and Conditions expressly and informedly upon registering on the Platform, thereby irrevocably committing to them.
The Client accepting these Terms and Conditions declares and guarantees they are the natural or legal person who will use the Platform and Solutions.
FUNCTIONALITIES OF SOLUTIONS Solutions may include functionalities, which the Client may or may not select and/or utilize:
A. Chatbot Functionalities:
Maintain fluent text conversations with End Users via WhatsApp. Send documents and photos to End Users. Answer user questions about the Client’s products or services. Answer questions regarding the Client’s working hours and other relevant information defined by the Client. Allow End Users to make, edit, or delete reservations. Capture End Users’ feedback regarding products, services, customer service, premises, and other business aspects. Gather information about End Users’ preferences. Have a personality and tone defined by the Client within technical and economic feasibility limits determined entirely by the Provider. Allow End Users to place home delivery orders, using data and menus defined by the Client on the Platform.
B. Dashboard Functionalities:
Display detailed conversations between End Users and Client’s Chatbots. Display indicators on feedback provided by End Users through chatbot interactions. Show captured data on End Users’ preferences through chatbot interactions. Present information about orders and reservations managed by the Solutions. Allow Clients to view and download this information.
OBLIGATIONS OF SHAPING BOTS Shaping Bots commits to:
a) Provide clear, updated, and sufficient contact and identification details.
b) Make available updated versions of Terms and Conditions, Privacy Policy, and Personal and Business Data Processing Authorization for Client’s use.
c) Inform Clients of updates at least 10 days before they become effective.
d) Provide documentation for acceptance by End Users of the Client.
e) Give Clients access to Solutions under these Terms and Conditions.
f) Offer support to Clients for Solution errors or issues under these Terms and Conditions.
OBLIGATIONS OF THE CLIENT The Client commits to:
a) Provide accurate business and personal information. b) Add their own credit, debit, or prepaid card for monthly payments. c) Avoid unauthorized payment methods. d) Follow payment method verification procedures. e) Not share verification codes or account access details. f) Immediately inform Shaping Bots of unauthorized account access. g) Not conduct unlawful, immoral activities affecting Shaping Bots or third parties. h) Ensure sufficient funds for monthly payments. i) Communicate desired chatbot specifications clearly. j) Provide accurate business information for proper functioning. k) Timely pay Shaping Bots as stipulated. l) Settle any debts from Solution usage. m) Not claim compensation falsely. n) Avoid impersonating other Clients. o) Draft and adjust legal documents related to End User data. p) Obtain End User consent for data processing. q) Not attempt decoding, decompiling, or dismantling the Platform or Solutions. r) Avoid creating multiple identical personal accounts. s) Protect devices accessing the Platform from unauthorized use. t) Not use Shaping Bots’ intellectual property without explicit permission. u) Use own device for Platform services, obtaining consent if device shared with third parties.
BREACHES AND DELAYS Shaping Bots must present and execute a corrective plan within one calendar month for delays or Solution issues, unless due to Client responsibility or force majeure events. Non-compliance allows immediate contract termination.
If Client payment delays exceed five days, Shaping Bots can immediately terminate the relationship and disable Solutions until payment.
Generative AI Limitations The Client acknowledges that generative AI may produce unpredictable responses. Shaping Bots commits to minimizing inaccuracies but is not responsible for any damage or loss due to such generative responses.
COST AND PAYMENT The initial and monthly fees are determined by Shaping Bots’ commercial proposal. Payments are made via registered credit/debit card or other accepted methods.
SUPPORT AND AVAILABILITY Shaping Bots does not guarantee constant availability. Technical issues do not imply liability but will be addressed within 3 working days.
INTELLECTUAL PROPERTY Shaping Bots retains intellectual property ownership, granting usage licenses to Clients. Client retains ownership of business information and configurations and is responsible for them.
DATA PROTECTION Both parties must comply with applicable data protection laws, securing data from unauthorized processing, loss, or damage.
DURATION AND TERMINATION These Terms have an indefinite duration. Either party can terminate the relationship by notification before the next calendar month without penalty, subject to outstanding payments.
COMMUNICATIONS By accepting, Clients authorize promotional and payment reminder communications within specified hours.
GENERAL PROVISIONS These Terms are governed by Delaware law, with arbitration in Delaware for unresolved disputes. Invalid clauses do not affect remaining terms. Shaping Bots may modify terms at any time.