Terms and Conditions of Nubea

1. Introduction

These terms of service (the “Agreement”) govern your access to and use of the Nubea website, application, and services (the “Services”). By accessing https://nubea.com.ar (the “Site”), installing our application from an e-commerce platform app store (including Shopify and Tiendanube), or using our Services, you agree to this Agreement and our Privacy Policy.

By registering for our Services, you agree to receive:

• WhatsApp messages for important service notifications
• Email messages for service updates and communications

2. Changes to this Agreement

Nubea reserves the right to modify this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Therefore, we ask that you check and review this Agreement for such changes from time to time. If you do not agree with any provision of this Agreement or any changes we make, we ask and recommend that you do not use or continue to access the site https://nubea.com.ar immediately.

3. Registration

You may browse the Site and view the Content without registering, but as a condition of using certain aspects of the Service, you must register with Nubea through the applicable e-commerce platform (Shopify, Tiendanube) and authorize access to data necessary for the operation of the application.

You are responsible for:

• Keep your account name and password confidential
• Be solely responsible for the uses of any account provided to you
• Notify us immediately of any unauthorized use of your account

4. Content and acceptable use

You agree to the following:

• You will not incorporate into your Nubea widgets any text or other content that was not created by you, provided by Nubea, or that you are not otherwise permitted to use.
• You will not post misleading or incorrect information in any widget created with our Services
• You will not post any material that contains sexually related, defamatory, obscene, indecent, threatening, abusive or hateful content
• You will not include in any Nubea widget any material that violates the rights of any other party, including copyright, privacy and publicity rights.
• You will not remove, obstruct, modify or render unviewable the Nubea logo/mark on any Nubea widget

5. Data processing and protection of personal data

By using the Nubea Services, a data processing relationship is established in which:

5.1. Roles and responsibilities

• The merchant acts as data controller of its end customers and is responsible for obtaining the necessary consents from its customers for the processing of data through our application
• Nubea acts as a data processor, processing personal data of end customers exclusively on behalf of the merchant and in accordance with its instructions

5.2. Data protection agreement

These Terms and Conditions, together with the Privacy Policy, constitute a binding data protection and privacy agreement (DPA) between Nubea and the merchant. By installing and using the app, the merchant accepts the data protection obligations set forth herein.

5.3. Obligations of Nubea as data processor

• Data Minimization: We process only the minimum data necessary to provide the functionality of the application and provide value to merchants
• Transparency: We communicate to merchants what personal data we process and for what purpose, both in this documentation and during the installation process
• Purpose limitation: End customer data is used exclusively to provide the services contracted by the merchant, never for Nubea's own purposes. We strictly limit the use of personal data to the stated purpose
• Security: We implement data encryption at rest and in transit, encrypted backups, access controls, access logs, separation of test and production environments, and a data loss prevention (DLP) strategy.
• Limited retention: We maintain retention periods that ensure that personal data is not kept longer than is necessary for the stated processing purposes.
• Subprocessors: Any third party processing data on our behalf is subject to equivalent contractual obligations.
• Incident response: We have a documented security incident response policy. In the event of a breach affecting personal data, we will notify the affected merchant and the relevant authorities without undue delay

5.4. Trader's obligations

• Obtain the necessary consents from your customers before using functionalities that involve personal data (WhatsApp automations, newsletters, notifications)
• Comply with applicable data protection and privacy laws in your jurisdiction
• Inform your customers about the use of third-party applications that process their data, in accordance with applicable laws
• Respect your customers' opt-out preferences and communicate these preferences to Nubea when necessary
• Use customer data obtained through Nubea exclusively for the purposes permitted by the e-commerce platform and applicable laws.

5.5. Data requests and deletion

Nubea will process requests for access, rectification and deletion of personal data of end clients within 30 days of receiving the request. When a merchant uninstalls the application, Nubea will delete the data associated with the store within 30 days, unless required by legal retention.

6. Consent for marketing communications

Nubea's marketing functionalities (WhatsApp automations, newsletters, pop-ups) are designed to be used by the merchant with the consent of its customers:

• The merchant is responsible for obtaining appropriate consent from its customers before sending marketing communications through our services.
• Nubea provides opt-out mechanisms in communications sent through our platform
• The merchant must comply with applicable electronic communications and marketing laws in its customers' jurisdictions.

7. Termination

Nubea reserves the right to terminate your access to the Site or discontinue the Service without prior notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Upon termination of the relationship (due to uninstallation, account cancellation or termination by Nubea):

• Nubea will cease the processing of personal data of the merchant's end customers
• The data associated with the store will be deleted within 30 days, except legal retention obligation
• The merchant may request a copy of their data before deletion by contacting ayuda@nubea.com.ar

8. Intellectual property

The Site and all its original content are the exclusive property of Nubea and are fully protected by applicable international copyright and other intellectual property laws.

Your rights DO NOT include:

• Publicly perform or publicly display the Service
• Modify or make derivative uses of the Service
• Download any part of the Service (other than page caching)
• Reverse engineer or access the Service to create a competitive product or service
• Use the Service for purposes other than those intended

9. Disclaimer

The Services and all included content are provided “as is” and as available, without warranties of any kind, express or implied.

10. Limitation of liability

Nubea is not responsible for any damage. We will not be liable for any statements or conduct of third parties using the Service, nor do we assume responsibility for the timeliness, deletion, misdelivery or failure to store any content.

In no event will Nubea's total liability exceed one thousand Argentine pesos (AR$1,000) or the amount you paid to Nubea in the last six months for the services that gave rise to the claim, whichever is greater.

11. Refund Policy

Products purchased on the Site have the right to be refunded based on a justified complaint. If a product is unsatisfactory, a written explanation is required before the item can be considered for a refund.

We review all refund requests on a case-by-case basis and reserve the right to refuse any refund.

12. Compliance with applicable laws

Both parties agree to comply with all applicable privacy and data protection laws and regulations, including but not limited to:

• Personal Data Protection Law of Argentina (Law 25,326)
• EU General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA/CPRA) and other US state privacy laws.
• Terms of use and data protection requirements of e-commerce platforms (Shopify, Tiendanube)

13. Assignment

These Terms, and the rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nubea without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

14. Divisibility

These Terms, together with the Privacy Policy and any amendments, will constitute the entire agreement between you and Nubea with respect to the Services. If any provision of this Agreement is held invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Agreement will remain in full force and effect.

15. Exemption

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Nubea's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

16. Brand use and case studies

By installing and using the application, the merchant authorizes Nubea to mention its brand, display its logo and/or prepare case studies about its experience and results with Nubea, for promotional and commercial purposes, on its website, marketing materials, social networks and other communication channels.

This authorization is granted without any obligation for compensation to the merchant. The merchant may revoke it at any time by sending a written request to ayuda@nubea.com.ar, after which Nubea will stop using such materials in future communications within a reasonable period of time.

17. Plans with cost per message

Some Nubea plans include a cost per message sent (for example, WhatsApp messages through official providers). The merchant acknowledges and agrees that:

• Message cost amounts are non-refundable once messages have been processed or sent, even in the event of unsubscription.
• It is the sole responsibility of the merchant to review, understand and accept the cost per message conditions of the plan at the time of contracting or modifying their subscription.
• Nubea will not be responsible for the costs generated by the volume of messages sent by the merchant

This clause supplements and takes precedence over the Refund Policy (Section 11) in all matters relating to costs per message.

18. Contact us

If you have any questions about these Terms and Conditions, please feel free to contact us at:

ayuda@nubea.com.ar