Terms of Service

These Terms of Service govern the provision of the customer service and automated messaging service that empentIA Tech SL ("empentIA") offers through the WhatsApp Business Platform and other messaging channels, both to its contracting clients and to the end users who interact with these channels.

• Contracting client: the company or professional that contracts empentIA to operate a messaging channel on its behalf (for example, a property management company).
• End user: the person who writes to the contracting client's messaging channel.
• Channel: the WhatsApp Business number and account (or equivalent channel) through which the service is provided.
• AI assistant: the automated system that may generate responses within the channel.

empentIA provides a platform that allows the contracting client to manage customer service through WhatsApp, including the reception of messages, the generation of automated responses via artificial intelligence, escalation to human agents, and incident tracking.

The service is provided over Meta's official Cloud API. empentIA acts as an authorized technology provider (Tech Provider).

The WhatsApp Business Account (WABA) and the phone number associated with the channel are the property of the contracting client, not of empentIA. empentIA accesses them solely as a technology provider authorized by the client.

Upon termination of the contractual relationship, the client retains ownership of its number, its WABA and its conversation history, and may disconnect empentIA without loss of these assets.

In compliance with Regulation (EU) 2024/1689 on artificial intelligence (AI Act), it is hereby disclosed that:

• Channel responses may be generated wholly or partially by an automated artificial intelligence system.
• The end user is informed that they are interacting with an automated assistant.
• The end user may request human attention at any time by writing to the channel.
• The AI assistant does not make decisions with legal effects on the user without human oversight.

The end user may stop receiving messages from the channel at any time by replying STOP (or equivalent configured expressions). The request is honored immediately.

empentIA respects WhatsApp's 24-hour service window: outside this window, messages are only sent using templates previously approved by Meta, in accordance with its policies.

Regarding the personal data of end users processed through the channel:

• The contracting client is the data controller.
• empentIA acts as the data processor on behalf of the client, under a data processing agreement signed between both parties in accordance with Article 28 of the GDPR.
• The processing of data is governed by empentIA's Privacy Policy and the corresponding processing agreement.
• The AI systems used act as sub-processors, with appropriate contractual safeguards.

The contracting client undertakes to:

• Use the channel in accordance with WhatsApp and Meta policies.
• Not use the channel to send unsolicited communications (spam) or unlawful content.
• Obtain the appropriate consent or legal basis to communicate with its end users.
• Maintain a valid payment method with Meta for the messaging costs that Meta bills it directly.

empentIA provides the service with due diligence but does not guarantee the uninterrupted availability of third-party services (Meta, WhatsApp) on which the channel depends. empentIA is not responsible for interruptions, policy changes or costs imposed by Meta.

empentIA is not responsible for the content of messages sent by the contracting client or for the use the client makes of the channel.

empentIA bills the contracting client for platform, integration and support services as contractually agreed.

WhatsApp messaging costs are billed directly by Meta to the contracting client. empentIA does not pass on or apply any margin to these costs.

empentIA may amend these Terms to adapt them to regulatory, service or Meta policy changes. Changes will be published on this page.

These Terms are governed by Spanish law. For any dispute, the parties submit to the courts and tribunals that apply under the relevant regulations.