Terms of Service

These terms govern the contracting and use of Gainkode's services by its business clients. By contracting the service, the client accepts them.

1. Service provider

2. Purpose of the service

Gainkode provides the following services to businesses:

• A CRM to manage their contacts and conversations.
• An automated customer service with artificial intelligence over WhatsApp and web chat.

The features, the plan contracted, the price and the payment method are set out in the proposal, order or plan accepted by the client (the “Proposal”). If the Proposal and these terms conflict, the Proposal prevails.

The service is aimed exclusively at businesses and professionals, not at consumers.

3. Account sign-up and use

• The client must provide accurate information and keep it up to date.
• The client is responsible for keeping its credentials safe and for all activity carried out with its account and those of its users.
• The client must notify us immediately if it detects unauthorised access.
• To connect WhatsApp, the client must own the account or be authorised by its owner, and must authorise Gainkode to access it through Meta's official API.

4. Client obligations

The client undertakes to:

• Comply with the WhatsApp and Meta terms and policies that apply to its use, including their business messaging policies.
• Obtain its contacts' consent before sending them commercial messages.
• Always offer, in its commercial messages, a simple way to opt out, and honour it immediately.
• Not send spam, unsolicited bulk messages or unlawful, misleading or offensive content.
• Inform its contacts, in its own privacy policy, that it uses a provider to manage its conversations.
• Comply with the regulations applicable to its activity, including data protection law and, in the case of healthcare providers, healthcare and patient confidentiality regulations.

If Meta restricts, suspends or blocks a client account for breaching its policies, Gainkode will not be liable for it.

5. Data protection

With regard to the data of the contacts the client manages with the service, the client is the data controller and Gainkode acts as data processor.

This processing is governed by the data processing agreement signed by both parties, which forms part of these terms. That agreement covers, among other things, the client's instructions, sub-processors, security measures and international transfers.

The client warrants that it has a legal basis for processing that data, especially where it includes special categories of data, such as health data, and that it informs the data subjects.

Gainkode's Privacy policy, available at https://gainkode.com/en/privacy-policy, explains how we process data.

6. Meta messaging costs

Meta charges for certain WhatsApp messages and conversations. Meta bills these costs directly to the client, through the payment method the client sets up in its WhatsApp Business account. They are not included in Gainkode's price, unless the Proposal states otherwise. The rates are set by Meta and may change.

7. Availability and third-party services

• Gainkode uses reasonable means to keep the service running continuously, but does not guarantee uninterrupted service unless the Proposal sets an availability level.
• We may interrupt the service for maintenance, giving advance notice where possible.
• The service depends on third-party services, such as Meta's platforms, the hosting provider and the artificial intelligence provider.
• Meta may change, restrict or suspend its services, APIs, prices or policies. Gainkode is not responsible for those changes, but will adapt the service where reasonably possible.

8. Use of artificial intelligence and human oversight

• Automated replies are generated by an artificial intelligence system based on the configuration and information provided by the client. They may contain errors or be incomplete.
• The automated system is limited to assisting contacts in relation to the client's business, such as customer service, appointment management or frequently asked questions. The client may not use it to offer a general-purpose artificial intelligence assistant.
• Gainkode does not use conversation data to train or improve artificial intelligence models, and requires the same of its providers.
• The client is responsible for configuring the service, reviewing the information the system uses and supervising its replies.
• The client must offer its contacts a way to speak to a person.
• The client must inform its contacts that they are talking to an automated system.
• The service must not be used to give medical diagnoses or healthcare, legal or financial advice, or to make decisions with legal or similarly significant effects without human involvement. In healthcare providers, use of the automated system must be limited to administrative tasks, such as appointment management and general information.

9. Intellectual property

• The software, the platform, the Gainkode brand and the documentation belong to PINAAR IT - FZCO.
• For the duration of the contract, the client receives a limited, non-exclusive and non-transferable licence to use the service.
• The client may not copy, modify, decompile, resell or assign the service to third parties.
• The client retains ownership of its data and content. It only authorises Gainkode to use them to provide the service.
• Ownership of custom developments is governed by the provisions of the Proposal.

10. Confidentiality

Both parties will keep secret the confidential information they learn through the contractual relationship, during the contract and after it ends. This obligation does not apply to information that is already public or that must be disclosed by legal obligation or by order of an authority.

11. Limitation of liability

• Gainkode is not liable for indirect damages or loss of profit.
• Gainkode is not liable for damages caused by acts of Meta or other third parties, by the content of the client's messages, by automated replies the client has not supervised or by the client's breach of these terms.
• Gainkode's total liability to the client is limited to the amount the client has paid Gainkode in the 12 months before the event giving rise to the claim.
• Nothing above limits liability that cannot be limited by law.

12. Suspension and termination

• The duration and renewal of the contract are set in the Proposal.
• Gainkode may suspend the service immediately in the event of a serious breach: spam, unlawful use, non-payment, a risk to the security of the platform or a request from Meta.
• Either party may terminate the contract with 30 days' notice, or if the other party breaches these terms and does not remedy the breach within 15 days of being notified.
• When the contract ends, access to the service ends. Before that, the client may request an export of its data. Afterwards, Gainkode will return or delete the data according to the client's instructions, within the periods set in the Privacy policy, unless a law requires it to be kept.

13. Changes to the terms

Gainkode may change these terms. It will notify the client by email 30 days in advance. If the client does not agree, it may terminate the contract before the change takes effect. The version in force is always published at https://gainkode.com/terminos.

14. Governing law and jurisdiction

These terms are governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates. For any dispute, the parties submit to the courts of Dubai.

The above is without prejudice to the provisions of the data processing agreement on the law applicable to the standard contractual clauses for data protection.

This is a translation. In case of discrepancy, the Spanish version prevails.