Terms of Use and Conditions

1) LIABILITY

Consultia Digital Europa S.L. makes the Upcellia platform available to companies as a SaaS support service for managing conversations, customer service, and commercial processes, within the framework of the contractual relationship established with the client. Consultia Digital Europa S.L. does not control or decide how each user uses the service. Each client is responsible for their use of the platform, the messages they send, the content they share, and compliance with the applicable regulations in their country, including data protection regulations and the official policies of WhatsApp Business and Meta. Upcellia does not guarantee specific commercial results, as these depend on multiple factors outside the platform, such as the client's product, their team, their commercial strategy, or how the service is used. Consultia Digital Europa S.L. shall not be liable for possible damages, economic losses, or harm derived from, including but not limited to:

• Incorrect or improper use of the platform.
• Temporary interruptions of the service due to maintenance tasks, technical incidents, or causes beyond its control.
• Failures, limitations, or modifications of third-party services (such as messaging providers, cloud services, or connectivity).
• Decisions made by the user based on information provided by artificial intelligence systems integrated into the platform, which act solely as support tools and do not replace human judgment or offer professional advice.
• In any case, Consultia Digital Europa S.L. undertakes to act in good faith, offer technical support according to the contracted plan, and work reasonably to keep the platform operational and updated.

2) ACCESS AND USE OF THE SERVICE

Access to Upcellia is directed exclusively to companies and professionals acting within the framework of their commercial or professional activity. The user agrees to use the platform lawfully, diligently, and in accordance with current regulations, these terms, and the instructions provided by Consultia Digital Europa S.L. The use of the service for illicit, fraudulent purposes or those that infringe on third-party rights is prohibited.

3) SERVICE AVAILABILITY

Consultia Digital Europa S.L. makes reasonable efforts to ensure the availability of the service. However, it cannot ensure uninterrupted operation of the platform due to maintenance tasks, updates, technical incidents, force majeure causes, or dependencies on third-party services.

4) USER RESPONSIBILITIES

The user is responsible for:

• The truthfulness and updating of the data provided.
• Proper and lawful use of the platform.
• Compliance with applicable regulations in their communications with clients and third parties.
• Ensuring that they have the necessary legal basis for processing the personal data managed through Upcellia.

5) SERVICE SUSPENSION

Consultia Digital Europa S.L. reserves the right to temporarily or permanently suspend access to the service, immediately, in case of misuse of the platform or breach of these terms, without prejudice to any legal actions that may apply. When possible, the client will be informed of such suspension and the necessary measures for the eventual reactivation of the service.

6) THIRD-PARTY LINKS

The website and platform may contain links to third-party websites or services (such as partners, technology providers, or payment gateways) that are not operated or controlled by Consultia Digital Europa S.L. Consultia Digital Europa S.L. assumes no responsibility for the content, operation, or privacy policies of such sites, access and use of which is the sole responsibility of the user.

7) SECURITY

Personal data is hosted on Amazon Web Services (AWS) infrastructure, which has appropriate technical and organizational security measures to ensure the confidentiality, integrity, and availability of the information. Consultia Digital Europa S.L. applies appropriate technical and organizational measures proportionate to the risk to protect the information processed through the platform, including, among others, encryption in transit, access controls, event logging, and backups. However, the user acknowledges that no system is completely invulnerable and that, despite reasonable efforts, absolute security cannot be guaranteed.

8) APPLICABLE LAW AND JURISDICTION

These terms are governed by Spanish law. For the resolution of any controversy that may arise from the access or use of the service, the parties submit to the courts and tribunals of the city of Barcelona, unless applicable regulations provide otherwise.

9) BILLING

The entity responsible for providing the service and for billing will be the corresponding one according to the client's contracting country, which may be Consultia Digital Europa S.L. or Consultia Digital Perú S.A.C.