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Terms of Service

Last updated: December 20, 2025

01

Acceptance of 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 (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").

The Service currently supports WhatsApp only. 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 Service

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

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

The Service operates through the official WhatsApp Cloud API 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
Comply with Meta's WhatsApp Business Platform Terms of Service
Have the authority to bind your organization to these Terms
04

User Responsibilities

When using our Service, you agree to:

Comply with Laws

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 proper opt-in consent from your customers before messaging them on WhatsApp, as required by WhatsApp's 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 needed, as required by WhatsApp policies.

Accurate Information

Provide accurate and complete information when setting up and configuring your AI agent.

No Misuse

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

Content Responsibility

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

05

AI Service Provider Relationship

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

Your Representation

By using our Service, you represent that you are engaging 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 permit the use of Business Solution Data (including messages, phone numbers, and metadata) to create, develop, train, or improve any 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 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 such 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 Cloud API 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
×Violate any intellectual property rights
×Engage in illegal activities or promote violence
×Circumvent any security measures of the Service
×Violate Meta's WhatsApp policies or terms
×Harass, abuse, or harm other users
09

Intellectual Property

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

You retain ownership of your business data and configurations, but grant us a non-exclusive, worldwide license to use this data solely to provide the Service. This license terminates 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 except as required by law or as explicitly stated in our refund policy
11

Service Availability

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

  • Scheduled maintenance and updates
  • Outages of third-party services (WhatsApp, 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 claims 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, either 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 Decision-Making

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 decision-making includes, but is not limited to:

×Credit or loan eligibility decisions
×Hiring, recruitment, or termination decisions
×Insurance premium or coverage determinations
×Government benefit eligibility assessments
×Educational admissions or grading decisions
×Medical diagnosis or treatment recommendations

This restriction applies particularly if you serve customers in the European Economic Area, 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 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 rights of a third party
  • 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 immediately cease
  • You may request deletion of your data in accordance with our Privacy Policy
  • Provisions that by their nature should survive termination shall survive
18

No Agency

Nothing in these Terms shall be construed to create 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 represent yourself as an employee, agent, or authorized representative of RICKY AI, S.EP..

19

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be 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 via email or by posting notices 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 check for notices regularly.

21

Changes to 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 changes are posted constitutes acceptance of the modified 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 law provisions.

Any disputes 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, please 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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