Terms and Conditions

These Terms and Conditions (hereinafter, the "Terms") govern access to, subscription to, and use of the platform Hablari (hereinafter, "Hablari," "we," or "the Service"), whose contact email address is contacto@hablari.com.

By creating an account, completing the registration process, or accessing the Service in any way, the individual or legal entity acting as the account holder (hereinafter, the "Client" or the "Subscriber") expressly and unreservedly accepts these Terms in their entirety. If you do not agree with any part of them, you must not use the Service.

1. Purpose and description of the Service

Hablari is an omnichannel customer service platform delivered as SaaS (Software as a Service) that allows companies and teams to manage, from a single shared workspace, all conversations coming from different communication channels: WhatsApp Business, Instagram Direct, email, and an embeddable web chat, with the option to integrate with Shopify (orders and customer data) and Klaviyo (email marketing).

Features include, among others: a unified real-time inbox, assignment of conversations to agents, tagging and segmentation of customers, response templates, service reports and metrics, team management, and, on the Max plan, an AI-powered chatbot that can be embedded on any website.

The Service is provided "as is" ("as is") under the software-as-a-service model, which means that Hablari hosts and operates the platform and the Client accesses it over the Internet. No software is transferred to the Client.

2. Parties to the contract

• Service provider: Hablari, with contact email contacto@hablari.com.
• Client / Subscriber: the individual or legal entity that subscribes to the Service acting in the course of its commercial, business, or professional activity. The Service is intended exclusively for businesses and professionals; it is not a consumer service. By subscribing, the Client confirms that it is acting in that capacity and not as a consumer for the purposes of Royal Legislative Decree 1/2007 (TRLGDCU).

3. Registration, sign-up, and requirements

3.1. Eligibility

To subscribe to the Service, the Client must: (i) be of legal age and have full legal capacity to enter into contracts; (ii) act on their own behalf or on behalf of a company or entity duly authorized to do so; (iii) provide truthful, complete, and up-to-date information during the registration process.

3.2. Sign-up process

Sign-up is self-serve (self-service): the Client creates their account, configures their organization, chooses the plan during the onboarding process, and accepts these Terms at the time of registration. Upon completing sign-up, a binding contract is formed between the Client and Hablari.

3.3. Accuracy of information

The Client is responsible for the accuracy of the information provided (name, company, email address, billing details). Hablari may suspend or cancel the account if it finds that the information is false or misleading.

3.4. Access credentials

The Client is responsible for keeping their access credentials confidential and for promptly notifying Hablari of any unauthorized use of their account at contacto@hablari.com. Hablari will not be liable for damages arising from unauthorized use of the account when the Client has not taken reasonable security measures.

3.5. Responsibility for invited agents

The Client may invite members of their team (agents) to access the workspace. The Client (and in particular the organization's owner) is responsible for all actions performed by the agents they invite, for ensuring they are authorized to access the data processed on the platform, and for revoking access when it is no longer needed.

4. Plans, pricing, and features

Hablari offers the following monthly subscription plans:

4.1. Starter Plan — €49 / month

Access to the omnichannel inbox, conversation management, agent assignment, tagging, response templates, basic integration with Shopify (orders) and Klaviyo, and basic reports. No AI chatbot. Suitable for small teams with a moderate volume of conversations.

4.2. Pro Plan — €99 / month

Everything included in the Starter plan plus advanced reporting features, performance metrics by agent and store, and greater team management capacity. No AI chatbot.

4.3. Max Plan — €199 / month

Everything included in the Pro plan plus the AI Chatbot (a widget embeddable on the Client's website, powered by the OpenAI GPT-4o-mini engine, full customization of appearance and content, conversations that reach the team's inbox). Intended for teams that want to automate part of their support or enable 24/7 support on their website.

4.4. VAT and taxes

The prices shown are exclusive of taxes. VAT or any other applicable indirect tax will be added in accordance with the regulations in force in the Client's jurisdiction at the time of billing.

4.5. Price changes

Hablari may update plan prices with a minimum of 30 days' advance notice sent to the email address associated with the account. The new prices will apply from the billing cycle following the effective date indicated in the notice. If the Client does not agree with the new price, they may cancel their subscription before the new cycle begins.

5. Subscription, billing, and payment

5.1. Free trial with card required

The Service is offered with a 14-day trial period that requires entering valid credit or debit card details during the sign-up process. No charge is made until the 14-day trial period has elapsed. If the Client does not cancel before the trial period ends, the subscription automatically converts to a paid subscription and the first monthly cycle is billed.

5.2. Recurring billing

Once the trial period has ended, the plan is billed automatically each month by charging the registered payment method. By subscribing, the Client authorizes Hablari (through Stripe) to make these recurring charges until the subscription is canceled. Payment processing is handled by Stripe, Inc. (PCI DSS certified); Hablari does not store the customer's full card details.

5.3. Billing date

The monthly renewal date coincides with the day of the month on which the Client first activated the paid subscription (i.e., the day the trial period ended or the day the plan was subscribed to).

5.4. Payment failures

In the event of a failed charge (insufficient funds, expired card, etc.), Hablari may retry the charge over a reasonable period and will notify the Client by email. If the failure persists, Hablari may suspend or cancel access to the Service until payment is brought up to date.

5.5. Refund policy

Unless otherwise required by law or in the case of a verifiable error attributable to Hablari, amounts paid for periods already begun are non-refundable. This does not affect any withdrawal rights that may apply under mandatory law.

6. Cancellation of the subscription

6.1. Cancellation procedure

The Customer may cancel their subscription at any time by going to Settings → Billing → «Manage payment» within the Hablari panel, or from the Stripe billing portal to which that option redirects. Cancellation may be carried out at any point in the billing cycle.

6.2. Effects of cancellation

Cancellation of the subscription takes effect immediately: access to the Hablari panel is blocked at the moment of cancellation. The current billing cycle does not give rise to a refund. The company's data remains stored, inaccessible, for a maximum period of 90 days to allow for possible reactivation; once that period elapses without reactivation, it is permanently deleted.

6.3. Reactivation

The Customer may reactivate their account by subscribing to the Service again /precios during the data retention period (90 days). After that period, the data will have been deleted and cannot be recovered.

6.4. Data export before cancelling

Before cancelling, the Customer may request an export of their data by writing to contacto@hablari.com. Hablari will provide a file with the organization's data in a machine-readable format (JSON), excluding security credentials, within a reasonable support response time.

7. Acceptable use of the Service

The Customer agrees to use the Service lawfully and in accordance with these Terms. The following are expressly prohibited:

7.1. Unwanted communications and opt-in compliance

Using Hablari to send unsolicited communications (spam), non-consented bulk messages, or advertising content to recipients who have not given their prior consent when required. The Customer is responsible for obtaining appropriate consent (opt-in) from their contacts before communicating with them, especially on channels that require it (WhatsApp Business, commercial email). Failure to comply with the opt-in policies of channel providers is the Customer's sole responsibility.

7.2. Violation of third-party policies

Breaching the terms of use or policies of connected platforms: Meta (WhatsApp Business API, Instagram Graph API), Shopify, Klaviyo, Resend, or others. In particular, use of the WhatsApp Business API is subject to Meta's WhatsApp Business Policies, full compliance with which is the Customer's responsibility.

7.3. Unlawful or harmful content

Transmitting, storing, or managing through the Service any content that is illegal, fraudulent, defamatory, obscene, that infringes intellectual property rights, that involves the unlawful processing of personal data, or that violates any applicable regulation.

7.4. Security and integrity of the Service

Reverse engineering, decompiling, disassembling, or attempting to access the Service's source code; introducing malicious software (viruses, malware, ransomware); attempting unauthorized access to other organizations' data; carrying out denial-of-service attacks (DDoS) or any other action that degrades, disrupts, or endangers the availability, integrity, or security of the Service or of other Customers.

7.5. Consequences of non-compliance

Failure to comply with any of the foregoing provisions may result in the immediate suspension or permanent cancellation of the account, without any right to a refund, and without prejudice to any legal action that may be applicable.

8. AI Chatbot (Max plan)

8.1. Description and access

The Max plan includes an AI conversational chatbot that can be embedded on any website via a JavaScript snippet. The AI engine is OpenAI GPT-4o-mini, which processes visitors' messages and generates responses based on the context configured by the Customer (company name and description).

8.2. Identification as an AI system — EU AI Act

In compliance with the Regulation (EU) 2024/1689 (EU AI Act), Article 50, the chatbot automatically discloses its artificial nature to the visitor from the very first message, using wording equivalent to: "I am the AI assistant for [company name]." This disclosure is technically mandatory and cannot be disabled or altered by the Customer. The chatbot's AI system is classified as a system of limited risk (system for interaction with natural persons) under the EU AI Act.

8.3. Customer responsibility regarding chatbot use

The Customer is solely responsible for:

• The content it configures as the system prompt or company description that feeds the chatbot.
• Ensuring that the deployment of the chatbot on its website complies with applicable regulations, including the EU AI Act, GDPR with respect to visitors' data, and any sector-specific regulations that may apply to it.
• Informing visitors to its website, through its own privacy policy, of the use of an AI chatbot and of the processing of the data generated (chat messages).
• Not using the chatbot to generate, disseminate, or amplify misleading, fraudulent, illegal content, or content that may mislead visitors.

8.4. Web conversations in the inbox

Conversations initiated by visitors through the web chatbot are automatically added to the Customer's organization inbox under the «web» channel, allowing human agents to view and respond to them. The visitor may receive human responses via polling within the widget itself. These conversations are subject to the same data processing agreement as the rest of the data managed within Hablari.

9. Integrations with third-party services

The Service allows the connection of third-party platforms and channels. Use of these integrations is subject to each provider's own terms, which the Customer accepts independently:

• Meta (WhatsApp Business API / Instagram Graph API): subject to Meta's Developer Policies and the WhatsApp Business Policy. The Customer must obtain and maintain the necessary permissions from Meta to operate its application and obtain opt-in consent from its users.
• Shopify: subject to Shopify's Terms of Service and the Partner Program Agreement. The Customer must create a Shopify app via the Developer Dashboard and connect it using the credentials (Client ID and Client Secret) in Hablari.
• Klaviyo: subject to Klaviyo's Terms of Service. The API key provided is private and must not be shared with third parties.
• Resend (email channel): the Customer provides its own email domain for the email channel. It is responsible for correctly configuring the DNS records (SPF, DKIM, MX) on its domain and for complying with applicable anti-spam legislation.
• Stripe: the billing portal is managed by Stripe. Use of the payment portal is subject to Stripe's Terms of Service.

Hablari does not control third-party services, does not guarantee their continued availability, and is not responsible for changes to their APIs, policies, or usage restrictions (for example, Meta's decisions regarding app verification or messaging limits). The unavailability of a third-party integration does not constitute a breach by Hablari of its service obligations.

10. Data Processing Agreement (DPA — Art. 28 GDPR)

In compliance with Article 28 of Regulation (EU) 2016/679 (GDPR), the following clauses constitute the Data Processing Agreement (Data Processing Agreement, DPA) between the Customer (Data Controller) and Hablari (Data Processor) regarding the personal data of end customers and contacts managed through the Service.

10.1. Purpose of the processing

Hablari processes, as Processor, the personal data of end customers, contacts, and other individuals whose conversations, purchase history, notes, and contact details the Customer stores and manages within the platform, for the exclusive purpose of providing the contracted services.

10.2. Processing instructions

Hablari will process the data solely in accordance with the Customer's documented instructions, understood as the normal use of the Service according to its configuration and any specific instructions communicated through support. It will not process the data for its own purposes except where legally required, in which case it will inform the Customer before proceeding, unless prohibited by law.

10.3. Confidentiality

Hablari guarantees that the persons authorized to process personal data (staff, engineering, support personnel) have committed to maintaining due confidentiality or are subject to a legal duty of confidentiality.

10.4. Security measures

Hablari will implement appropriate technical and organizational measures to ensure the security of the data, detailed in Privacy Policy, section 11. Such measures include: encryption in transit (HTTPS/TLS), per-company isolation (Row-Level Security), role-based access control, webhook verification via HMAC signature, and staff audit logs.

10.5. Sub-processors

The Customer grants general authorization for the use of the following sub-processors for the provision of the Service:

• Supabase, Inc. — database, authentication, and storage (EU-Central region, Frankfurt).
• Vercel, Inc. — web application hosting.
• Stripe, Inc. — payment processing (does not process end customer data, only the Customer's billing data).
• OpenAI, LLC — chatbot AI engine (Max plan); processes only visitors' chat messages.
• Resend, Inc. — sending and receiving email.
• Meta Platforms, Inc. — WhatsApp and Instagram channel (channel provider, not a sub-processor stricto sensu).
• Shopify International Limited — order and customer data when the store is connected.
• Klaviyo, Inc. — email marketing integration (when activated by the Customer).

Hablari will inform the Customer of any addition or replacement of sub-processors with reasonable advance notice, offering the possibility to object. Sub-processors are bound by obligations equivalent to those of this DPA through the corresponding contracts.

10.6. Assistance to the Customer in the exercise of rights

Hablari will assist the Customer, insofar as possible and taking into account the nature of the processing, in fulfilling its obligation to respond to data subjects' requests to exercise their rights (access, rectification, erasure, portability, objection, restriction). Where a data subject addresses Hablari directly to exercise their rights, they will be referred to the Customer as Controller.

10.7. Assistance regarding security and data breaches

Hablari will notify the Customer, without undue delay and no later than 48 hours after becoming aware, of any data security breach that may affect the personal data processed on the Customer's behalf, together with the information available on its nature, the categories of data affected, and the measures taken or proposed to remedy the situation.

10.8. International transfers

Data transfers outside the EEA carried out by Hablari or its sub-processors are based on Standard Contractual Clauses approved by the European Commission or on current adequacy decisions, as detailed in Privacy Policy, section 7.

10.9. Return and destruction of data upon termination of the engagement

Upon termination of the subscription contract, Hablari will retain the data in an inaccessible state for a maximum of 90 days to allow for export or reactivation. Once that period elapses, the data will be permanently deleted from all of Hablari's systems and those of its sub-processors, except where retention is legally required. The Customer may request the export of its data at any time during this period by writing to contacto@hablari.com.

10.10. Audits

Hablari will make available to the Customer all information necessary to demonstrate compliance with the obligations under this DPA and will allow audits or inspections to be carried out by the Customer or by an auditor designated by it, with reasonable advance notice and without disrupting Hablari's normal operations. In practice, Hablari will first provide the available documentation (policies, sub-processor certifications, security reports) before proceeding to an on-site inspection.

10.11. Customer's responsibility as Data Controller

The Customer warrants that it has a legitimate legal basis for processing its end customers' data, that it has fulfilled its information obligations and, where required, has obtained the data subjects' consent, and that connecting them to Hablari does not entail any breach of its obligations as Data Controller. Hablari cannot verify the Customer's compliance with these obligations and assumes no liability arising from any failure to comply with them.

11. Intellectual property

11.1. Hablari's ownership

The Service, its software, source code, design, interface, trade name, trademarks, logos, documentation, and any other creative element are the exclusive property of Hablari or its licensors, and are protected by Spanish and European intellectual and industrial property law.

11.2. License to use

Hablari grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for the duration of its subscription and in accordance with these Terms. This license does not include the right to sublicense, sell, resell, distribute, copy, modify, or create derivative works of the Service.

11.3. Customer data

The data that the Customer and its agents enter into the Service (conversations, customer data, notes, templates, configurations) remain the property of the Customer. Hablari does not acquire any ownership rights over such data. The license that the Customer grants to Hablari over this data is limited exclusively to what is necessary to provide the Service (store, process, display, transmit).

11.4. Prohibition of reverse engineering

It is strictly prohibited to decompile, disassemble, reverse engineer the Service, access its underlying source code, or attempt to derive the Service's algorithms or data models by any means.

12. Service availability, SLA, and maintenance

Hablari will make all commercially reasonable efforts to keep the Service continuously available. Notwithstanding the foregoing:

• No uptime guarantee: Hablari does not guarantee any specific percentage of availability or the absence of interruptions. The Service is provided on an «as available» basis. Hablari assumes no liability for business losses resulting from the temporary unavailability of the Service.
• Scheduled maintenance: Hablari may temporarily interrupt the Service to carry out maintenance tasks or updates, seeking to give reasonable advance notice and to perform them during periods of lower impact.
• Third-party dependencies: the availability of certain features (WhatsApp and Instagram messaging, email, Shopify orders) depends on the third-party services referred to in section 9. Hablari does not guarantee the continuity of such integrations in the event of unilateral changes by the providers.
• Force majeure: Hablari will not be liable for interruptions caused by events beyond its reasonable control (network failures, natural disasters, large-scale attacks, decisions by public authorities, failures of infrastructure providers).

13. Limitation of liability

13.1. Exclusion of indirect damages

To the maximum extent permitted by applicable law, Hablari will not be liable for indirect, incidental, special, punitive, or consequential damages, nor for loss of profits, loss of revenue, loss of data, loss of business opportunities, or reputational damage, even if Hablari had been advised of the possibility of such damages.

13.2. Monetary cap

Hablari's total cumulative liability to the Customer, for any cause and under any legal theory, will in no case exceed the amount equivalent to the subscription fees actually paid by the Customer in the twelve (12) months prior to the event giving rise to the claim.

13.3. Non-applicable exclusions

Nothing in these Terms excludes or limits Hablari's liability: (i) for willful misconduct or gross negligence; (ii) for death or personal injury caused by Hablari's negligence; (iii) for fraud or fraudulent misrepresentation; or (iv) for any other liability that cannot be excluded or limited under mandatory Spanish or European Union law.

14. Suspension and termination by Hablari

14.1. Grounds

Hablari may suspend access to the Service, temporarily or permanently, in the following cases:

• Non-payment or a failed charge not remedied within a reasonable period after notification.
• Serious or repeated breach of these Terms, in particular of section 7 (acceptable use).
• Use of the Service that causes or threatens to cause harm to Hablari, other Customers, or third parties.
• Requirement of a competent authority or legal obligation.
• Suspected activity involving fraud, abuse, or violation of third-party rights.

14.2. Procedure

Except in cases of urgency or legal impossibility, Hablari will endeavor to notify the Customer of the reason for the suspension with reasonable advance notice or, where urgency prevents this, as soon as possible after the suspension. In cases of non-payment, a reasonable period will be granted to remedy the situation before proceeding with permanent cancellation.

14.3. Effects of termination

Following permanent cancellation of the account (whether by the Customer or by Hablari), access to the Service will be blocked. The Customer's data will be retained for 90 days before being permanently deleted (see section 6.2). Termination does not give rise to any right to a refund of fees already paid for periods already begun, without prejudice to any liabilities that may have arisen previously.

15. Moderation and actions by Hablari staff

Hablari has an internal administration panel whose personnel (staff) may, under justified circumstances and always with an audit log, access account data for purposes of technical support, security, or moderation. The staff's powers include the preventive suspension of accounts for abusive conduct, the cutting off of specific communication channels, the opening of a review process («report»), the ability to export or purge data at the Customer's request, and the assignment of complimentary plans. All staff actions are recorded in an internal audit log.

16. Modifications to the Terms

Hablari may modify these Terms to adapt them to regulatory, technical, or business changes. Modifications will be communicated to the Customer with a minimum of 30 days' advance notice by email to the address associated with the account and/or by prominent notice within the platform. The current version will always be available at /legal/terminos with its last-updated date. Continued use of the Service after the new Terms take effect implies acceptance of them. If the Customer does not accept the new Terms, it may cancel its subscription before they take effect.

17. Communications and notices

Communications from Hablari to the Customer will be made by email to the address associated with the account or through notices within the platform. Communications from the Customer to Hablari must be addressed to contacto@hablari.com. The Customer is responsible for keeping its email address up to date in the account settings.

18. Governing law and jurisdiction

These Terms are governed by and construed in accordance with Spanish law, without prejudice to any mandatory protective provisions that may apply in the Customer's jurisdiction.

For any dispute arising out of or related to these Terms or the use of the Service, the parties submit, with express waiver of any other jurisdiction that may apply to them, to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona, Spain. The foregoing is understood without prejudice to any mandatory rules of judicial jurisdiction that may apply in consumer matters (where applicable) or under European Union law.

19. Contact

For any question related to these Terms, billing, technical support, or any other aspect of the Service:

• Email: contacto@hablari.com
• Website: www.hablari.com