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Terms of Service

Last updated: December 20, 2025

Courtesy translation

This English version is provided for convenience only. The Spanish version of these Terms of Service is the legally binding version, and it prevails in the event of any discrepancy or inconsistency between the two.

01

Acceptance of the terms

By accessing or using the services provided by RICKY AI, S.EP. ("we," "us" or "our"), including the website getricky.ai and our AI automation services for WhatsApp and Instagram (together, the "Service"), you agree to be bound by these Terms of Service (the "Terms").

The Service currently supports WhatsApp and Instagram. Additional messaging channels may be introduced in the future, subject to updated terms.

If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and RICKY AI, S.EP..

02

Description of the service

RICKY AI, S.EP. provides AI-powered automation services for WhatsApp Business accounts and Instagram professional accounts. Our Service allows businesses to:

  • •Automatically respond to customer messages using AI
  • •Process and manage WhatsApp and Instagram conversations at scale
  • •Integrate AI agents with business workflows and tools

The Service operates through the official WhatsApp and Instagram APIs provided by Meta Platforms, Inc.

03

Eligibility

To use our Service, you must:

Be at least 18 years old or the legal age of majority in your jurisdiction

Have a legitimate business with a valid WhatsApp Business account or Instagram professional account

Comply with Meta's terms applicable to the channels you connect
Have the authority to bind your organization under these Terms
04

User responsibilities

By using our Service, you agree to:

Comply with the law

Use the Service only for lawful purposes and in compliance with all applicable laws and regulations in your jurisdiction.

Obtain opt-in consent

You are responsible for obtaining appropriate opt-in consent from your customers before messaging them on WhatsApp, as required by the WhatsApp Business Messaging Policy. You must honor opt-out requests promptly.

Provide escalation paths

When using AI automation, you must provide clear ways for your customers to reach a human agent when they need one, as required by WhatsApp's policies.

Accurate information

Provide accurate and complete information when configuring your AI agent.

No misuse

Not use the Service to send spam, harass users or engage in fraudulent or deceptive practices.

Responsibility for content

Take responsibility for the content and responses generated by your AI agent's configuration.

05

Relationship with the AI service provider

Under the WhatsApp Business Solution Terms, restrictions apply to "AI Providers" that make AI a primary feature of their offering.

Your representation

By using our Service, you represent that you engage RICKY AI, S.EP. as your service provider for your own business messaging use case — not to redistribute or resell AI capabilities to third parties.

You agree not to use, share or allow the use of Business Solution Data (including messages, phone numbers and metadata) to create, develop, train or improve AI or machine learning models, except where you separately authorize us to fine-tune a model exclusively for your use.

06

User content

"User Content" means any content, information and materials that you or your customers provide, submit or make available through the Service, including message content, configurations and AI agent settings.

You acknowledge and agree that:

  • •You are solely responsible for your User Content
  • •

    RICKY AI, S.EP. acts as a conduit for processing and does not create, develop or control User Content

  • •

    We disclaim any responsibility for User Content and cannot be held liable for claims arising from it

  • •

    We reserve the right to remove User Content that violates these Terms or applicable laws

By making User Content available through the Service, you grant us permission to use, process and transmit that content solely for the purpose of providing the Service to you.

07

Third-party services

The Service relies on third-party platforms and services, including but not limited to:

  • •

    Meta Platforms, Inc. — WhatsApp and Instagram APIs for messaging functionality

  • •

    AI service providers — For natural language processing and response generation

  • •

    Cloud infrastructure — For hosting and data storage

Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the availability, accuracy or content of third-party services. Changes to third-party services may affect the functionality of our Service without prior notice.

08

Prohibited uses

You may not use the Service to:

×
Send unsolicited bulk messages or spam
×
Impersonate any person or entity
×
Distribute malware, viruses or harmful code
×
Infringe intellectual property rights
×
Engage in illegal activities or promote violence
×
Circumvent any security measure of the Service
×
Violate Meta's applicable policies or terms
×
Harass, abuse or harm other users
09

Intellectual property

The Service, including its software, design, logos and content, is owned byRICKY AI, S.EP. and is protected by intellectual property laws.

You retain ownership of your business data and configurations, but you grant us a non-exclusive, worldwide license to use this data solely to provide the Service. This license ends when you stop using the Service and we delete your data.

10

Payment terms

Pricing and payment terms will be communicated separately when you subscribe to a paid plan. By subscribing, you agree to:

  • •Pay all applicable fees according to the selected plan
  • •Provide accurate billing and payment information
  • •

    Accept that fees are non-refundable, unless required by law or explicitly stated in our refund policy

11

Service availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • •Scheduled maintenance and updates
  • •Third-party service outages (WhatsApp, Instagram, AI providers)
  • •Circumstances beyond our reasonable control
12

Limitation of liability

To the maximum extent permitted by law, RICKY AI, S.EP. shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data or business opportunities, arising from your use of the Service.

Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

13

Disclaimer of warranties

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.

14

AI output disclaimer

15

Automated decisions

You must not use the Service to make fully automated decisions that produce legal effects or significantly affect individuals without appropriate human oversight.

Prohibited automated decisions include, but are not limited to:

×
Credit or loan eligibility decisions
×
Hiring, recruitment or dismissal decisions
×
Insurance premium or coverage determinations
×
Eligibility assessments for government benefits
×
Educational admission or grading decisions
×
Medical diagnoses or treatment recommendations

This restriction applies in particular if you serve customers in the European Economic Area, the United Kingdom, Switzerland or Brazil, where such automated decision-making may be prohibited by law.

16

Indemnification

You agree to indemnify and hold harmless RICKY AI, S.EP., its officers, directors, employees and agents from and against any claims, damages, losses or expenses (including legal fees) arising from:

  • •Your use of the Service
  • •Your violation of these Terms
  • •Your violation of any third-party right
  • •Any User Content you submit through the Service
17

Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

  • •Your right to use the Service will cease immediately
  • •You may request the deletion of your data in accordance with our Privacy Policy
  • •Provisions that by their nature should survive termination will survive
18

No agency relationship

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment or agency relationship between you and RICKY AI, S.EP.. You have no authority to bind us in any respect, and you shall not hold yourself out as an employee, agent or authorized representative of RICKY AI, S.EP..

19

Severability

If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if modification is not possible, severed from these Terms.

The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

20

Electronic notices

You consent to receive all agreements, notices, disclosures and other communications from us electronically, including by email or through notices posted on our website or within the Service.

You agree that all electronic communications satisfy any legal requirement that such communications be in writing. It is your responsibility to maintain a valid email address and to review notices regularly.

21

Changes to the terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last updated" date.

Your continued use of the Service after the changes are posted constitutes acceptance of the amended Terms. If you do not agree to the changes, you must stop using the Service.

22

Governing law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of laws provisions.

Any dispute arising from these Terms shall be resolved in the courts of Panama City, Panama. You consent to the exclusive jurisdiction of these courts.

23

Contact us

If you have questions about these Terms of Service, contact us:

RICKY AI, S.EP.
Address:
Urbanización Marbella, PH La Concha, Apartamento 6-B, Corregimiento de Bella Vista, Distrito de Panamá, Provincia de Panamá, República de Panamá

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