Legal · Terms
FlumenChat Terms of Service
Last updated: May 8, 2025 · Version 1.0
By registering with FlumenChat and clicking "I accept the Terms of Service", the Tenant declares that it has read, understood, and accepted in full these Terms of Service, including the Data Processing Agreement (DPA) and the Billing Annex, which form an integral part of this contract.
§ 01
Definitions
• FlumenSolutions: FLUMEN SOLUTIONS S.A.S., NIT 902.004.333-8, a company incorporated under the laws of Colombia, operator of FlumenChat. • FlumenChat: SaaS business-messaging platform developed by FlumenSolutions that integrates with Meta's WhatsApp Business Platform. • Tenant: business or individual that contracts the FlumenChat Service and accepts these Terms. • End User: individual who interacts with the Tenant through WhatsApp via FlumenChat. • Service: the set of FlumenChat features available to the Tenant under the contracted plan. • WABA: WhatsApp Business Account: the Tenant's WhatsApp Business account, managed through FlumenChat. • Meta: Meta Platforms, Inc., owner and operator of the WhatsApp Business Platform. • Billing Annex: document detailing the contracted plan, applicable fees, and payment terms. • DPA: Data Processing Agreement entered into between FlumenSolutions and the Tenant, incorporated as an Annex to these Terms. • Tenant Content: all messages, files, templates, and data that the Tenant and its End Users introduce into the Service.
§ 02
Subject of the contract
Through these Terms, FlumenSolutions undertakes to provide the Tenant with the FlumenChat Service on the terms set forth herein, and the Tenant undertakes to pay the corresponding fees and to comply with the obligations established in these Terms. FlumenChat acts exclusively as an intermediary technology platform. FlumenSolutions is not a party to conversations between the Tenant and its End Users and has no responsibility for the content of those conversations or for the Tenant's commercial activities.
§ 03
Registration and account
To access the Service, the Tenant must register with FlumenChat providing truthful, complete, and up-to-date information. The Tenant is responsible for maintaining the confidentiality of its access credentials and for all activities that occur under its account. The Tenant shall notify FlumenSolutions immediately if it detects unauthorized use of its account. FlumenSolutions will not be liable for damages arising from unauthorized use of the Tenant's account when the Tenant has not promptly reported the incident. The Tenant warrants that, if acting on behalf of a company, it is authorized to bind such company to these Terms.
§ 04
Service plan and billing
4.1 Service plan FlumenChat currently offers a single service plan. The details, included features, and limitations are described in the Billing Annex. FlumenSolutions reserves the right to create new plans or modify the existing plan in the future, in accordance with the change procedure established in clause 4.4. 4.2 Payment modalities • Monthly: the Tenant pays a monthly fee at the start of each billing period. The contract renews automatically each month unless the Tenant cancels before the start of the next period. • Annual: the Tenant pays an annual fee at the start of the period. The contract renews automatically each year unless the Tenant cancels with at least 30 days' notice prior to expiration. Annual payment may carry a discount over the equivalent monthly fee, as set out in the Billing Annex. There is no free trial period. Access to the Service is conditional upon payment of the first invoice. 4.3 Non-payment In the event of non-payment of a due invoice, FlumenSolutions will notify the Tenant by email. If payment is not made within 5 business days of such notification, FlumenSolutions may suspend access to the Service without need for judicial declaration, without prejudice to the right to claim the amounts owed plus any default interest legally applicable in Colombia. 4.4 Changes to fees FlumenSolutions may modify the Service fees by notifying the Tenant with at least 30 days' notice by email. If the Tenant does not accept the new fees, it may cancel the contract without penalty within 15 business days of receiving the notification, with effect at the end of the current billing period.
§ 05
Provision of the Service
5.1 Availability FlumenSolutions will provide the Service with the reasonable diligence of a professional technology provider and will use its best efforts to keep the Service continuously available. FlumenSolutions does not guarantee a specific minimum availability of the Service. The Service may be interrupted without liability to FlumenSolutions due to: • Scheduled maintenance, notified with at least 24 hours' notice. • Disruptions in the infrastructure of Meta Platforms, Inc., Hetzner Online GmbH, or Cloudflare, Inc. • Force majeure or fortuitous events under Art. 64 of the Colombian Civil Code. • Emergency updates necessary to preserve the security of the Service. 5.2 Technical support FlumenSolutions offers technical support to the Tenant via email at contacto@flumensolutions.com. FlumenSolutions undertakes to acknowledge receipt of support requests and to provide a first response within 24 hours of receipt during business days. 5.3 Modifications to the Service FlumenSolutions may modify, update, or improve the features of the Service at any time. If a modification involves the removal of a material feature contracted by the Tenant, FlumenSolutions will notify it with at least 30 days' notice.
§ 06
Tenant obligations and acceptable use
6.1 General obligations The Tenant undertakes to: 1. Use the Service exclusively for lawful purposes and in accordance with the regulations applicable in its jurisdiction. 2. Provide truthful and updated information during registration and throughout the term of the contract. 3. Pay the corresponding fees within the established terms. 4. Maintain the confidentiality of its FlumenChat access credentials. 5. Inform FlumenSolutions of any unauthorized use of its account immediately. 6. Comply with all obligations set forth in the DPA regarding the processing of personal data of its End Users. 6.2 WhatsApp acceptable use policy The Tenant acknowledges that the Service operates on Meta's WhatsApp Business Platform and expressly undertakes to: 1. Comply at all times with Meta's WhatsApp Business Messaging Policy and WhatsApp Business Solution Terms, available at business.whatsapp.com. 2. Obtain express consent (opt-in) from its End Users before initiating conversations through message templates (HSM). 3. Not send unsolicited messages (spam), misleading, fraudulent, defamatory, obscene, illegal content or content that infringes third-party intellectual property rights. 4. Not use the Service for content categories prohibited by Meta, including but not limited to: weapons, drugs, adult content not authorized by Meta, unregulated gambling, and any illegal activity. 5. Not use the Service for mass marketing messaging without the prior consent of the recipients. 6. Notify FlumenSolutions within 24 hours of any requirement, sanction, restriction, or formal communication received from Meta in relation to its WABA. 7. Not reverse-engineer, decompile, disassemble, or attempt to obtain the source code of FlumenChat. 8. Not attempt to access other Tenants' data or unauthorized FlumenSolutions systems or networks. 6.3 Liability for Tenant Content FlumenSolutions is not responsible for Tenant Content or for the consequences arising from the commercial activities, communications, or decisions of the Tenant and its End Users. The Tenant is solely responsible for the content it sends through the Service and for its conformity with applicable regulations. FlumenSolutions does not review, moderate, or validate Tenant Content except when required by Meta or by a competent authority.
§ 07
Intellectual property
FlumenSolutions owns all intellectual property rights in FlumenChat, including its source code, design, brand, logos, and documentation. These Terms do not transfer any intellectual property rights in FlumenChat to the Tenant. The Tenant receives only a non-exclusive, non-transferable, revocable license to access and use the Service during the term of the contract. The Tenant retains all rights in Tenant Content. By introducing Content into the Service, the Tenant grants FlumenSolutions a limited, non-exclusive, revocable license to process such Content solely for the purpose of providing the contracted Service.
§ 08
Confidentiality
Both Parties undertake to keep confidential all non-public information exchanged in connection with this contract and not to disclose it to third parties without the express authorization of the other Party, except where required by law or competent authority. This obligation shall survive for 5 years following termination of the contract.
§ 09
Limitation of liability
9.1 Exclusion of warranties FlumenSolutions will provide the Service with the reasonable diligence of a professional technology provider. Notwithstanding the foregoing, the Service is provided "as is" and "as available" with respect to interruptions caused by Meta, Hetzner, Cloudflare, force majeure, or fortuitous events. FlumenSolutions does not warrant that the Service will be uninterrupted, error-free, or will meet all the Tenant's specific requirements beyond what is expressly agreed. 9.2 Liability cap FlumenSolutions' total aggregate liability toward the Tenant, for any cause and under any legal theory, will not in any event exceed the total amount of fees paid by the Tenant to FlumenSolutions during the 12 months immediately preceding the event giving rise to the claim. If the Tenant has been active for less than one month or has made no payment, the liability cap will be equivalent to one month's fee of the contracted plan in force at the time of the claim. 9.3 Excluded damages In no event will FlumenSolutions be liable for: (i) indirect, incidental, special, consequential, or punitive damages; (ii) loss of profits, revenue, data, or goodwill; (iii) damages arising from Service interruption caused by Meta, Hetzner, or Cloudflare; (iv) damages arising from Tenant Content or the activities of the Tenant and its End Users; (v) damages arising from the Tenant's breach of its obligations under these Terms.
§ 10
Indemnification
The Tenant undertakes to defend, indemnify, and hold harmless FlumenSolutions S.A.S., as well as its partners, directors, employees, contractors, and legal representatives, against any claim, demand, judicial or arbitral action, damage, loss, cost, or reasonable expense, including attorneys' fees, arising from or related to: 1. Tenant Content or messages sent by the Tenant or its End Users through the Service. 2. The Tenant's breach of any provision of these Terms, of Meta's WhatsApp Business Messaging Policy, of Meta's WhatsApp Business Solution Terms, or of any applicable regulation. 3. The relationship between the Tenant and its End Users, including claims for improper processing of personal data that are the Tenant's responsibility as Data Controller. 4. Misuse of the Service by the Tenant or any person who accesses with the Tenant's credentials. 5. The Tenant's commercial activities and their legal, regulatory, or other consequences. The indemnification obligation does not apply to the extent that the damage was caused exclusively by gross negligence or willful misconduct of FlumenSolutions.
§ 11
Suspension and termination
11.1 Cancellation by the Tenant The Tenant may cancel the Service at any time by notifying FlumenSolutions by email at contacto@flumensolutions.com. Cancellation will take effect at the end of the current billing period. No refunds will be made for the period already invoiced and unused. 11.2 Temporary suspension by FlumenSolutions FlumenSolutions may temporarily suspend the Tenant's access to the Service, with 5 business days' notice, in the following cases: • Non-payment of due invoices. • Material curable breach of these Terms, granting the Tenant a period of 10 business days to cure the breach. 11.3 Immediate suspension or termination FlumenSolutions may suspend or terminate the Service immediately and without notice in the following cases: • Formal requirement from Meta Platforms concerning the Tenant's WABA. • Judicial or administrative order from a competent authority. • Imminent security risk to the platform or to the data of other Tenants. • Breach of the WhatsApp acceptable use policy. • Insolvency, liquidation, or bankruptcy of the Tenant. 11.4 Effects of termination Upon termination of the contract for any cause: 1. The Tenant will lose access to the Service on the effective date of termination. 2. FlumenSolutions will retain the Tenant's data for an additional 90 days, during which the Tenant may request data export. 3. After 90 days, FlumenSolutions will delete the Tenant's data in accordance with the procedure established in the DPA. 4. Payment obligations accrued through the date of termination will remain enforceable. 5. The confidentiality, limitation of liability, indemnification, and applicable law clauses will survive termination.
§ 12
Amendments to the Terms
FlumenSolutions may amend these Terms at any time. When material changes are made, it will notify the Tenant by email with at least 30 days' notice. If the Tenant does not accept the changes, it may cancel the contract without penalty before the effective date of the new Terms.
§ 13
Bilingual version and prevalence
These Terms are published in Spanish and in English. In case of any discrepancy between the two versions, the Spanish version shall prevail and shall be the legally binding version. The English version is provided for informational purposes only.
§ 14
Applicable law and dispute resolution
These Terms are governed by the laws of the Republic of Colombia, in particular the Commercial Code, the Civil Code, Statutory Law 1581 of 2012, and other applicable rules. Any dispute will be resolved by the ordinary Judges and Courts of the city of Bogotá D.C., Colombia, to whose jurisdiction the Parties expressly submit.
§ 15
General provisions
• Entire agreement: these Terms, together with the DPA and the Billing Annex, constitute the entire agreement between the Parties and supersede any prior agreement on the same subject matter. • Severability: if any provision is declared void or unenforceable, the remaining provisions will remain in full force. • No waiver: the fact that FlumenSolutions does not enforce any provision does not imply a waiver of its right to enforce it in the future. • Assignment: the Tenant may not assign its rights or obligations without FlumenSolutions' prior written consent. • Notices: all formal communications between the Parties will be by email to the registered addresses.
§ 16
Contact
• Email: contacto@flumensolutions.com • Address: Carrera 128 # 144-28, Bogotá D.C., Colombia • Website: https://www.flumensolutions.com
Anexo
Billing Annex
• Available plan: single FlumenChat plan. Features described on the site's pricing page. • Monthly modality: monthly fee at the price in force published on the site's pricing page. • Annual modality: annual fee at the price in force published on the site's pricing page. May include a discount over the equivalent monthly fee. • Trial period: not applicable. Access to the Service is conditional upon payment of the first invoice. • Billing cycle: monthly or annual, with automatic renewal unless previously cancelled. • Minimum liability cap: equivalent to one month of the contracted plan in force at the time of the claim. • Currency: prices will be published in COP (Colombian pesos) and/or USD as indicated on the site's pricing page.