Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, applications, and APIs of tuagencia (the "Service"), operated by Blue King Code LLC("tuagencia," "we," "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

tuagencia is a multi-tenant platform that lets businesses configure and operate AI agents ("bots") that interact with their end-customers across messaging channels including WhatsApp, Facebook Messenger, Instagram Direct, web chat, and email. You configure your bots, connect your channels, and operate them under your own brand.

• You must be at least 18 years old and have legal capacity to enter into contracts.
• You are using the Service on behalf of a business or organization and have authority to bind it.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• You must provide accurate registration information and keep it current.
• Notify us at hello@tuagencia.app immediately if you suspect unauthorized access.

You agree not to use the Service, and not to allow your bots or end-users to use the Service, to:

• Violate any law, regulation, or third-party rights.
• Send spam, unsolicited bulk messages, or content that violates channel policies (WhatsApp Business Policy, Meta Platform Policies, Apple/Google messaging policies as applicable).
• Send harassing, defamatory, hateful, sexually explicit, or violent content.
• Impersonate any person or entity or misrepresent affiliation.
• Provide regulated advice (medical, legal, financial) without proper authorization and disclaimers.
• Collect or process personal data without a lawful basis or in violation of applicable privacy law.
• Probe, scan, or test the vulnerability of the Service, or breach security measures.
• Reverse-engineer, decompile, or attempt to extract source code, except where allowed by law.
• Use the Service to develop a competing product.

We may suspend or terminate access for any violation, with or without prior notice when reasonably necessary to protect the Service or third parties.

You retain ownership of the content and configurations you upload to the Service ("Customer Content"), including knowledge documents, bot personas, business rules, contact lists, and conversation logs.

You grant tuagencia a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Content solely to provide and improve the Service for you. We do not use Customer Content to train third-party general-purpose models without your explicit instruction.

You are solely responsible for: (a) the lawfulness of Customer Content; (b) obtaining all consents required to process end-customer data through the Service; (c) the content your bots send to end-customers; and (d) the accuracy of any information your bots provide.

The Service connects to third-party platforms (WhatsApp via Kapso, Meta Platforms, Stripe, and others). Your use of those platforms is governed by their respective terms. You are responsible for complying with the policies of any channel you connect, including but not limited to the WhatsApp Business Messaging Policy, Meta Platform Terms, Messenger Platform Policy, and Instagram Platform Policy. We are not liable for changes, outages, suspensions, or terminations imposed by those platforms.

• Plans, pricing, and billing cycles are described on our pricing page and during checkout. Prices are exclusive of applicable taxes unless stated.
• Payments are processed by Stripe. You authorize automatic renewal at the end of each billing cycle until you cancel.
• You can cancel at any time from your account; cancellation takes effect at the end of the current billing cycle.
• Fees are non-refundable except where required by law. We may, at our discretion, offer pro-rated refunds for exceptional circumstances.
• If a payment fails, we may suspend the Service until payment is restored.
• We may change prices with at least 30 days' prior notice; price changes apply to the next billing cycle.

The Service, including its software, design, trademarks, and documentation, is owned by tuagencia and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business operations, subject to these Terms.

Feedback, suggestions, and ideas you provide about the Service may be used by us without restriction and without compensation to you.

The Service uses large language models and other AI technologies. AI outputs may be inaccurate, incomplete, biased, or otherwise unsuitable. You are responsible for reviewing AI outputs before relying on them and for any decisions you or your bots make based on those outputs.

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and continuity. We do not warrant that the Service will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, tuagencia and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Service.

Our aggregate liability for any claim arising out of or relating to the Service shall not exceed the greater of: (a) the fees you paid to us in the 12 months preceding the event giving rise to the claim, or (b) US$100.

You will defend, indemnify, and hold harmless tuagencia and its officers, employees, and affiliates from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your Customer Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party rights, including channel policies.

You may terminate your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if continuing to provide the Service becomes commercially unreasonable.

Upon termination, your right to use the Service ceases. We will retain or delete your data per our Privacy Policy and Data Deletion page.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware, USA, and you consent to their exclusive jurisdiction. Where mandatory local law applies, that law prevails for the matters it covers.

We may update these Terms from time to time. The effective date above reflects the latest revision. If we make material changes, we will notify you by email or in-app notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

• If any provision is unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a right is not a waiver of that right.
• You may not assign these Terms without our prior written consent; we may assign in connection with a corporate transaction.
• These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and tuagencia regarding the Service.

Blue King Code LLC, dba tuagencia
hello@tuagencia.app