Terms of Service

1. The service

Inbox 360 is a software-as-a-service platform provided by Softshop S.A., España esquina Brasilia, Edificio España, Asunción, Paraguay ("Softshop", "we", "us"). It lets a business communicate with its customers through the WhatsApp Business Platform provided by Meta, organise and keep track of that communication, obtain reports and, if it so chooses, use artificial intelligence features.

Inbox 360 works exclusively with the official WhatsApp Business Platform. Each business connects its own WhatsApp Business account and phone number, which remain its property.

2. Who may use Inbox 360

Inbox 360 is offered to businesses and other organisations, not to consumers. The organisation that contracts the service (the "business customer" or "you") accepts these terms through the person who signs its contract with Softshop, who declares to be authorised to do so.

The business customer designates the people who use the service on its behalf (the "platform users"), who must be of legal age. The business customer is responsible for everything its platform users do in Inbox 360 and for making sure they follow these terms.

3. Contract and order of precedence

The specific conditions of each business customer (plan, users, enabled features, fees and payment terms) are set out in its contract with Softshop. These terms and the Privacy Policy form part of that contract. If the contract and these terms conflict, the contract signed with the business customer prevails. The terms and policies of Meta and WhatsApp apply in any case, because they are set by Meta.

4. Accounts and security

• The business customer's administrators create and remove their platform users and assign their roles.
• Each platform user must keep their credentials confidential and must not share their account. The business customer must remove the access of staff who leave or change role.
• The business customer must tell Softshop without delay if it suspects that an account or its WhatsApp connection has been compromised.
• The business customer must not try to access other businesses' information, bypass the security of the service or overload it.

5. Acceptable use and WhatsApp rules

The business customer agrees to:

• use Inbox 360 only for its own legitimate communications with its customers;
• comply with the WhatsApp Business Messaging Policy, the Meta Terms for WhatsApp Business Platform and any other Meta terms that apply to its WhatsApp Business account;
• communicate only with people who have given their prior permission (opt-in), and honour every request to stop receiving messages;
• not send spam, unsolicited bulk messages or illegal, deceptive, abusive or infringing content;
• not resell the service or make it available to third parties outside its organisation, unless its contract allows it.

Meta may restrict or disconnect a WhatsApp Business account that breaches its policies. Softshop has no control over those decisions.

6. Your obligations towards your customers

The business customer is the controller of its end customers' personal information, and Softshop processes it on its behalf. The business customer must:

• hold a valid legal basis to process its customers' information through Inbox 360 and keep a published privacy notice that informs them that it uses a service provider for its WhatsApp communications, that artificial intelligence features may take part in them and that their information may be used to adjust a model for the exclusive use of the business;
• make sure that, whenever an artificial intelligence feature replies automatically, the customer is told that it is interacting with an artificial intelligence and that a person can take over;
• receive and answer its customers' requests about their information (access, rectification, deletion, objection and portability), verify their identity and ask Softshop, without delay, to carry out in the service whatever is needed;
• not use the service for sensitive information unless it is necessary and it holds the legal basis the law requires;
• obtain the consent that the applicable law requires when it communicates with a minor.

7. Data protection

Softshop processes the personal information that the business customer entrusts to it as a processor, under the following conditions, which together with the Privacy Policy constitute the data processing agreement between the business customer and Softshop:

• Instructions. Softshop processes the information only to provide the service as configured by the business customer and as described in the Privacy Policy.
• Confidentiality and security. Softshop keeps each business's information separate, limits access by role, encrypts connections and stored credentials, and lets its staff access information only when needed to provide, support or secure the service.
• Sub-processors. Softshop uses Meta and the artificial intelligence providers listed in the Privacy Policy, each under a written contract, and informs the business customer before engaging any new sub-processor.
• No combination, no sale. Information from different businesses is never combined, and personal information is never sold or shared with third parties for their own purposes. Information obtained through WhatsApp is used in artificial intelligence training only to adjust a model for the exclusive use of the business, as section 4.7 of the Meta Terms for WhatsApp Business Platform allows.
• Assistance. Softshop helps the business customer answer its customers' requests and meet its security-incident obligations, and notifies it without undue delay of any incident affecting its information.
• Retention and deletion. Information is kept while the contract lasts and deleted within 30 days after it ends, including the models adjusted for the business, except for the limited retention described in the Privacy Policy.

8. Artificial intelligence features

Artificial intelligence features, including automatic replies and the analysis of communications, are an assistance tool that may produce inaccurate or inappropriate content. Softshop does not guarantee the accuracy of content generated by artificial intelligence. The business customer decides which features to enable, supervises the replies sent in its name, tells its customers when they are interacting with an artificial intelligence and must not rely on that content alone for decisions with legal, financial or health effects on a person.

These features use paid, commercial plans of OpenAI, Anthropic and Google (Gemini), which by contract do not use the information to train their models. The business customer may ask Softshop to disable them.

9. Ownership

The information that the business customer enters in Inbox 360 and the models adjusted for its exclusive use belong to the business customer; Softshop uses them only to provide the service. Inbox 360, its software, design and documentation belong to Softshop or its licensors. The business customer receives a non-exclusive, non-transferable right to use the service during its contract and must not copy, modify, reverse-engineer or resell it.

10. Availability and support

Inbox 360 is offered without a guaranteed service level. Softshop aims to keep the service available at all times and announces planned maintenance to the business customer's administrators at least 24 hours in advance. The service depends on third parties that Softshop does not control, in particular Meta and the artificial intelligence providers, whose outages, changes or restrictions may affect it. Support channels are those set out in the business customer's contract.

11. Disclaimer and limitation of liability

Inbox 360 is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of availability, accuracy, fitness for a particular purpose or uninterrupted operation.

To the fullest extent permitted by the applicable law, Softshop is not liable for any direct or indirect damage, including loss of profit, loss of data, loss of business opportunities or reputational harm, arising from the use or the inability to use the service, from the content that the business customer sends or receives, from content generated by artificial intelligence features, or from the services, decisions, outages or changes of third parties such as Meta, WhatsApp or the artificial intelligence providers.

The business customer is responsible for the content it sends through Inbox 360, for the permissions it obtains from its customers and for its compliance with WhatsApp's policies and the applicable law, and will hold Softshop harmless from third-party claims arising from those matters.

12. Suspension and termination

Softshop may suspend all or part of the business customer's access to Inbox 360 if it breaches these terms or Meta's terms and policies, if Meta requires it, if its use puts the security or operation of the service or of other businesses at risk, or if it fails to pay. Softshop gives at least 5 business days' notice by email so that the breach can be remedied, except when the breach poses an immediate security risk or Meta requires immediate action.

Either party may terminate the contract as it provides. When the contract ends, access to the service ends; the business customer may request its information within 15 days after termination; and the business customer's information, including the models adjusted for its exclusive use, is deleted within 30 days, as described in the Privacy Policy. The business customer's WhatsApp Business account and phone number remain its own.

13. Fees and Meta's charges

Fees, billing periods and payment terms are those set out in each business customer's contract with Softshop. The charges that Meta applies to the business customer's WhatsApp messages are included in Softshop's billing, according to the conditions and rates of the contract. Softshop does not control Meta's rates, which may change.

14. Governing law and jurisdiction

These terms are governed by the laws of the Republic of Paraguay. Any dispute arising from them or from the use of Inbox 360 is submitted to the ordinary courts of the city of Asunción, Paraguay, and the parties waive any other jurisdiction.

15. Changes to these terms

We may update these terms when the service, the law or Meta's requirements change. We publish each new version on this page with its effective date and notify the business customer's administrators by email at least 15 days before a material change takes effect. If the business customer does not accept a material change, it may terminate its contract before that date without penalty; continued use after the effective date means acceptance.

16. Contact

Softshop S.A.
España esquina Brasilia, Edificio España
Asunción, Paraguay

Email: info@softshop.com.py