Terms of Service

1. Acceptance of Terms

By accessing and using Orbiom services, a product of TEK de B.F.S.A. ("the Service"), you accept and agree to comply with these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Service Description

Orbiom is a platform that brings together commercial management and the operation behind it. Available features depend on what is enabled for each company:

• Trade 360: Sales, quotes, orders, online store and wholesale portal, along with the operation behind them (stock, invoicing, delivery and collections), as enabled for each company
• MKT 360: Meta advertising management, WhatsApp campaigns and sales attribution
• Inbox 360: A single inbox for WhatsApp, Instagram, Messenger and other channels
• Team IA: Artificial intelligence agents configured according to each company's needs
• Analytics 360: Reports and commercial performance indicators
• Integrations: Connection with the systems and platforms the company uses, as enabled for each company

3. Usage Requirements

To use Orbiom, you must meet the following requirements:

• Have a valid and active business account
• Be over 18 years old or have legal capacity to contract
• Provide truthful and up-to-date business information
• Comply with integrated platform policies (Meta, e-commerce, etc.)
• Have authorization to use registered phone numbers and accounts
• Maintain confidentiality of your access credentials
• Comply with applicable data protection laws

4. User Responsibilities

As an Orbiom user, you agree to:

• NOT send spam or unsolicited messages through any channel
• NOT use the service for illegal or fraudulent activities
• NOT send content that violates third-party rights
• NOT share offensive, defamatory, or illegal content
• Obtain prior consent from recipients for commercial communications
• Comply with the data protection laws that apply to you; in Paraguay, Law No. 7593/2025 on Personal Data Protection
• Act as the controller of your customers' data; Orbiom processes it as a processor, on behalf of and following the instructions of the company
• Comply with all integrated platform policies
• Respect usage limits established by each platform
• NOT attempt to circumvent platform or integration restrictions
• Maintain security of your customers' data

5. Integrated Platform Policies

Use of our services is subject to integrated platform policies:

• Meta Platform Terms: https://developers.facebook.com/terms
• WhatsApp Business Policy: https://www.whatsapp.com/legal/business-policy
• WhatsApp Commerce Policy: https://www.whatsapp.com/legal/commerce-policy
• Instagram Platform Policy: https://developers.facebook.com/docs/instagram
• Policies of the e-commerce and payment platforms you connect, as applicable
• Violations of these policies may result in account suspension or termination
• Orbiom is not responsible for sanctions imposed by third parties due to user violations

6. Use of Artificial Intelligence

Regarding the use of Orbiom's AI engine:

• AI is used for automation, optimization, and commercial recommendations
• Data processed by AI is handled according to our privacy policy
• You are responsible for supervising and validating automated actions
• AI may generate responses that should be reviewed according to context
• We do not guarantee specific results from using AI features
• The user maintains final control over business decisions

7. Intellectual Property

Regarding intellectual property rights:

• Orbiom's software, brand, algorithms, and content are exclusive property of Orbiom
• You retain all rights to your content and customer data
• You grant us a limited license to process your data to provide the service
• You may not copy, modify, decompile, or distribute our software without authorization
• Third-party trademarks are property of their respective owners

8. Limitation of Liability

Orbiom shall not be liable for:

• Service interruptions caused by third-party platforms
• Data loss due to user actions or force majeure
• Indirect, incidental, or consequential damages
• Loss of profits or business opportunities
• Content sent by users through the platform
• Changes in third-party APIs or policies affecting the service
• Account suspension by integrated platforms due to user violations
• Business results derived from using AI features

9. Service Availability

Regarding service availability:

• We work to keep the service continuously available
• The service depends on integrated platform availability
• When scheduled maintenance affects the service, we try to give advance notice
• We do not guarantee uninterrupted availability
• Usage limits depend on each integrated platform's restrictions

10. Pricing and Payments

Regarding billing and payments:

• Prices are subject to change with 30 days prior notice
• Third-party platform charges (Meta, etc.) are additional per their rates
• Non-payment may result in service suspension
• No refunds for partial usage periods
• Applicable taxes will be added according to jurisdiction

11. Account Termination

Regarding termination of the contractual relationship:

• You may request the cancellation of your account at any time by writing to the contacts listed below
• We may suspend or terminate your account for violation of these terms
• We may terminate your account if integrated platforms suspend your access
• Upon termination, we delete your data according to our privacy policy
• Confidentiality and limitation of liability obligations survive termination

12. Modifications to Terms

Regarding changes to these terms:

• We may modify these terms with 30 days prior notice
• Changes will be communicated via email and/or on the platform
• Continued use of the service implies acceptance of new terms
• If you disagree with changes, you may cancel your account

13. Applicable Law and Jurisdiction

Regarding applicable legislation:

• These terms are governed by the laws of the Republic of Paraguay
• Any dispute shall be submitted to the courts of Asuncion, Paraguay
• The parties agree to submit to the exclusive jurisdiction of said courts
• This does not affect rights you may have under consumer protection laws in your jurisdiction

14. Contact

For any inquiries about these terms of service:

• Legal email: legal@orbiom.com
• Support email: support@orbiom.com
• Website: https://orbiom.com
• We will respond to your inquiry within 5 business days