Terms of Service
These Terms of Service ("Terms") are an agreement between Vambe and you or the organization, company, or other entity that you represent ("Customer"). "Vambe" means Vambe SpA if Customer resides in Chile and Vambe AI, Inc. if Customer resides anywhere else. These Terms are effective on the earlier of the date that Customer first electronically consents to a version of these Terms and the date that Customer first accesses the Services ("Effective Date"). By accessing our Services, you agree to these Terms. Please read our Privacy Policy, which describes how we collect and use personal information.
1. Acceptance and Changes to Terms
By accessing or using Vambe's services, including our website, platform, and any associated applications (collectively, the "Service"), you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, you may not access the Service. We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.
2. User Accounts and Privacy Policy
When you create an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding your password and for any activities or actions under your account. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
3. Intellectual Property and User-Generated Content
The Service and its original content, features, and functionality are and will remain the exclusive property of Vambe and its licensors, protected by copyright, trademark, and other laws of Chile, the United States, and other foreign countries. You may create, post, or share content through our Service. You retain ownership rights in such content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute it in any medium for the purposes of providing and improving our Service.
4. Prohibited Uses
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation
To transmit any advertising or promotional material, including "junk mail," "chain letter," "spam," or similar solicitation
To impersonate or attempt to impersonate Vambe, a Vambe employee, another user, or any other person or entity
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
For any terrorist activities, hate speech, or other criminal activities
For political purposes without clearly stating that Vambe has no affiliation or responsibility for such use
5. Third-Party Services and AI Technologies
Meta Platforms Integration: Vambe is a Tech Provider for Meta Platforms, Inc. We use Meta services, including Facebook, Instagram, and WhatsApp, to manage automated communications with artificial intelligence. Your use of our Service may involve interaction with these platforms, and you agree to comply with their respective terms of service.
AI Technologies: We currently utilize services from Anthropic, OpenAI, and Google Gemini for both testing and production purposes to manage AI-based communication on our platform. We are technology-agnostic and may change or expand our use of AI services as necessary.
AI Model Usage Policy: Vambe may, at its sole discretion, change or replace the AI models used to provide the Service if the Customer is receiving access to models or features not included within the scope of their contracted plan. Such adjustments will not materially reduce the functionality defined in the Customer's plan.
6. Data Protection and Confidentiality
We treat customer information as confidential and implement appropriate measures to protect it as a trade secret within our systems. However, while we strive to ensure the security of your data, we cannot be held responsible for issues or leaks that may occur with third-party services beyond our control. Customer acknowledges and authorizes Vambe's use of third-party subprocessors to process personal data as necessary to provide the Service. The current list of subprocessors is maintained in our Privacy Policy.
7. Pricing and Payment
We reserve the right to change our pricing at any time. In the event of a price change, we will provide notice via email within a reasonable timeframe before the change takes effect.
Affiliate and referral programs may be terminated at any time if we detect fraudulent use or abuse of the system.
8. Warranty Conditions
To be eligible for a 30-day warranty:
- Complete the information document in the knowledge base of your Vambe account before the first onboarding meeting
To be eligible for a 60-day warranty, in addition to the above:
- Create the personification block in the platform between the first and second onboarding meetings
- Invite your team by creating their accounts in Vambe from the corresponding panel
Important conditions:
- If the information document is not completed before the first onboarding meeting, the warranty does not apply
The information provided must include the minimum necessary to launch the assistant into production
The Customer must notify Vambe via WhatsApp or email once the information has been submitted
The information in the document may be reviewed by the assigned Engineer, who reserves the right to reject it, request corrections, or make relevant observations
The warranty does not cover charges for additional conversations beyond those included in the contracted plan
To claim the warranty, an exit interview must be scheduled
9. Termination and Service Changes
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
10. Limitation of Liability and Disclaimer
In no event shall Vambe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of Chile, without regard to its conflict of law provisions. European Union regulations, including GDPR, do not apply. Any dispute arising from or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the Centro de Arbitraje y Mediación (CAM) de la Cámara de Comercio de Santiago (CCS). The arbitration will be conducted in Santiago, Chile, unless both parties agree to a different location.
12. Indemnification and Severability
You agree to indemnify, defend, and hold harmless Vambe and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
13. Entire Agreement
These Terms constitute the entire agreement between you and Vambe regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.
14. Contact
If you have any questions about these Terms, please contact us at privacy@vambe.ai.