Terms of Service

1. Definitions

Vibranty

Vibranty SAS, a company domiciled in Medellín, Antioquia, Colombia.

Service

The Vibranty platform: design, configuration, hosting, and operation of a conversational AI agent over WhatsApp Business, plus human handoff coverage by the Vibranty team when applicable.

Customer

The SMB that contracts the Service to operate a WhatsApp bot.

End User

The person chatting with the bot via WhatsApp.

WABA

WhatsApp Business Account: the Meta account that ties a WhatsApp number to the WhatsApp Cloud API.

2. Service description

Vibranty provides a platform to configure, publish, and operate AI bots over WhatsApp. The Service includes:

• Bot Studio: vertical template gallery (medical, food, commerce), configuration wizard, draft editor, playground, and shareable preview.
• Conversational flow builder with free-form AI nodes and deterministic action nodes (book, capture order, query catalog).
• Knowledge base (RAG): upload of PDFs, sheets, URLs, and manual Q&A; chunking, embeddings, and retrieval with reranker.
• Unified inbox for handoff to Vibranty human operators.
• Operational integrations (MVP): WhatsApp Cloud API (Meta), Google Calendar.

The Service is delivered in Spanish (LATAM-neutral) as the MVP’s primary locale.

3. Eligibility and registration

To use the Service you must be of legal age and have legal capacity to enter into contracts. By signing up you declare that the information provided is accurate and that you have the authority to bind the entity registered as Customer.

You are responsible for the confidentiality of your credentials and for all activity on your account. You must notify us immediately at hola@vibranty.co of any unauthorized use.

4. Plans, trial, and billing

4.1 FREE plan (trial)

The Service includes a 7 calendar-day FREE trial starting from the bot’s first production message. During the trial you can use PRO plan features subject to reasonable anti-abuse limits.

4.2 PRO plan (paid)

At the end of the trial, you must contract the PRO plan to keep the service active. PRO includes a monthly conversation bundle and human handoff coverage by the Vibranty team. Current prices and volumes are published on the pricing page.

4.3 Suspension for non-payment

If payment is not recorded by the eighth day from the start of the trial or from the end of a billing period, we automatically suspend the bot ("suspended_unpaid"). Conversations are paused until payment is regularized. Reactivation is instant once payment is received.

4.4 Overage

Conversations exceeding the monthly bundle included in the PRO plan are charged as overage at the published per-conversation price and billed in the next cycle.

4.5 Meta costs

Costs charged by Meta (WhatsApp Business Platform) for conversations under its pricing model are included in the PRO plan during the MVP. Vibranty reserves the right to revise this inclusion model with at least 30 days’ notice.

5. WhatsApp Business Account (WABA) ownership

During the MVP, the WhatsApp number used by the bot may operate under:

• A WABA owned by the Customer, linked to the Vibranty platform with explicit permissions.
• A WABA operated by Vibranty under a shared-hosting model, subject to later transfer to the Customer when technically and legally available.

In any case, the data generated by conversations is handled in accordance with the Privacy Policy and is returned to the Customer at the end of the relationship when technically possible.

6. Acceptable use

By using the Service the Customer agrees NOT to:

• Send unsolicited messages (spam) or mass campaigns not authorized by Meta.
• Send illegal, fraudulent, deceptive, defamatory, obscene content or content that infringes third-party rights.
• Use the Service for aggressive debt collection, pyramid schemes, casinos, crypto, pornography, weapons, or any industry prohibited by Meta’s policies or Colombian law.
• Configure the bot to impersonate a third party.
• Collect End User personal data for purposes other than those accepted in the conversation.
• Interfere with the technical operation of the Service, its integrations, or its security countermeasures.
• Reverse-engineer the Service, decompile its code, or attempt to access the multi-tenant system of other Customers.

Vibranty may suspend or terminate the Service without refund upon a material breach of this section.

7. Message templates and Meta approval

Outbound message templates (HSM) require Meta approval before they can be sent. Vibranty makes it easy to create and submit templates, but does NOT guarantee that Meta will approve a specific template. The Customer agrees to comply with current WhatsApp Business and Meta policies (Business Messaging Policy, Commerce Policy) and is responsible for the content of the templates requested.

8. Quality and Meta suspension

WhatsApp assigns a quality rating to the number based on End User behavior (block rate, reports). A sustained quality drop may trigger sending limits or suspension of the number by Meta. Vibranty will inform the Customer of relevant events but is not responsible for unilateral Meta decisions about the number or the WABA.

9. Handoff to the Vibranty team

The PRO plan includes human coverage by the Vibranty team when the bot escalates a conversation due to low confidence or by explicit End User request. The Vibranty team will act within the guidelines agreed with the Customer and within the hours documented at contracting. Vibranty does not guarantee specific response times unless agreed in writing.

10. Intellectual property

10.1 Vibranty ownership

The software, documentation, vertical templates, Vibranty brand, and all associated developments are and remain the exclusive property of Vibranty or its licensors. The Customer is granted a limited, non-exclusive, non-transferable, revocable license to use the Service for the term of the contract.

10.2 Customer content

The Customer retains ownership of the content it provides (knowledge base, flow configuration, brand, copy). It grants Vibranty a limited license to use that content solely to deliver the Service.

11. Personal data

Processing of personal data is governed by the Privacy Policy published at /privacy, which is an integral part of these Terms. The Customer acts as the Data Controller for End User data, and Vibranty as the Data Processor, in accordance with Colombian Law 1581/2012.

12. Warranties and disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". Vibranty makes reasonable efforts to keep the Service operational but does NOT guarantee uninterrupted or error-free availability. It does not guarantee that AI-generated responses are always correct, complete, or fit for a specific purpose — the Customer is responsible for validating critical actions (e.g. scheduling, order capture) in its own systems.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VIBRANTY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITY, REPUTATIONAL HARM, OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Vibranty’s aggregate liability for any claim arising from the Service shall not exceed the amounts effectively paid by the Customer during the twelve (12) months prior to the event giving rise to the claim.

14. Term and termination

The Customer may cancel the Service at any time from the dashboard or by writing to hola@vibranty.co. Cancellation takes effect at the end of the current billing period.

Vibranty may suspend or terminate the Service immediately, without refund, in the event of:

• Material breach of these Terms by the Customer.
• Non-payment for more than 30 calendar days.
• Request from a competent authority.
• Suspension of the WABA or the number by Meta.

At termination, Vibranty will retain and delete data according to the retention policy described in the Privacy Policy.

15. Changes to the Terms

Vibranty may modify these Terms for legal, technical, or operational reasons. Material changes will be notified to the Customer by email at least 30 days in advance. Continued use of the Service after the changes take effect implies acceptance of the new Terms.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute arising from the Service or these Terms shall be settled by the civil circuit courts of Medellín, Antioquia, with express waiver of any other venue.

The foregoing is without prejudice to mandatory consumer-protection rules applicable in the Customer’s country of residence when the Customer qualifies as a consumer.

17. Legal contact

For contractual or legal matters write to us: