Terms of Service

1. Acceptance of Terms

By accessing or using AstraChat ("the Service"), operated by iGenius Tech SRL under the Astra Nexo brand, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms are governed by the laws of the Republic of Costa Rica, including Law No. 8968, Protection of the Person Against the Processing of Their Personal Data ("Ley 8968"), and its regulations. By using the Service, you acknowledge that you have read, understood, and agree to comply with all applicable Costa Rican legislation.

2. Description of Service

AstraChat is a customer support platform that enables you to manage conversations across multiple messaging channels from a unified inbox. Supported channels include WhatsApp, Facebook Messenger, Instagram Direct, Email, Telegram, and Web Chat.

The Service includes, but is not limited to, the following features: team collaboration tools, workflow automation, conversation routing, reporting and analytics, canned responses, and AI-assisted capabilities such as conversation summaries and suggested replies.

3. Account Registration

To use the Service, you must create an account. By registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain the confidentiality and security of your account credentials
• Promptly update your information if any changes occur
• Accept full responsibility for all activities that occur under your account

4. Data Protection Compliance

In compliance with Costa Rica’s Law No. 8968 (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales) and its regulations, the following data protection roles and obligations apply:

• Service operator: iGenius Tech SRL, operating under Astra Nexo, uses account, billing and security information to administer AstraChat and meet its own service obligations.
• Customer conversations: Your organization determines the purposes for which it uses its customer contacts and conversations. AstraChat processes that content on your organization’s behalf to provide the configured service. Your organization is responsible for the notices, permissions and lawful instructions required for its use of that content.
• Consent Obligation: Users must obtain proper, informed, and express consent from their customers and contacts before providing or processing their personal data through the platform, in accordance with Articles 5 and 6 of Ley 8968.
• PRODHAB Compliance: Both Astra Nexo and its users shall comply with the requirements and guidelines established by PRODHAB (Agencia de Protección de Datos de los Habitantes), including registering databases when required and responding to data subject requests within the timelines established by law.

5. User Consent Obligations

As a user of the Service, you are responsible for ensuring that you have obtained all necessary consents and authorizations before processing personal data through the platform. Specifically, you must:

• Obtain express, prior, and informed consent from all contacts before sharing their personal data or communications through the platform, in compliance with Ley 8968
• Clearly inform your contacts about any AI-based processing of their data or communications, if AI features are enabled on your account
• Maintain verifiable records of all consents obtained, including the date, scope, and method of consent, as required by Ley 8968 and PRODHAB guidelines
• Refrain from uploading or processing sensitive personal data (including data related to health, sexual orientation, political beliefs, religious affiliation, or ethnic origin) without obtaining explicit written consent from the data subjects, as required under Article 9 of Ley 8968

6. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited messages, or engage in bulk messaging not authorized by the recipients
• Violate any applicable local, national, or international laws or regulations, including but not limited to Costa Rican data protection laws
• Infringe upon the intellectual property rights, privacy rights, or other rights of third parties
• Transmit malicious code, viruses, worms, or any harmful or destructive content
• Harass, abuse, threaten, defame, or otherwise harm other users, their contacts, or any third party
• Attempt to gain unauthorized access to the Service, its systems, networks, or other users’ accounts
• Use the Service in any way that could damage, disable, overburden, or impair its functioning or interfere with any other party’s use of the Service

7. Channel Compliance

When using third-party messaging channels through the Service, you must comply with the respective platform’s terms of service and messaging policies. This includes, but is not limited to, the WhatsApp Business Policy and WhatsApp Commerce Policy, Facebook and Instagram Terms of Service and Community Standards, and Telegram’s Terms of Service.

AstraChat is not responsible for any changes to third-party platform policies, enforcement actions taken by third-party channel providers, or any suspension or termination of your accounts on third-party platforms. You acknowledge that your use of third-party channels is subject to those platforms’ own terms and conditions, which are separate from and in addition to these Terms.

8. AI Features

The Service includes AI-powered features (Captain AI) designed to assist your team with conversation management. These features may include conversation summaries, suggested replies, automated categorization, and other AI-driven assistance tools. AI-generated suggestions are provided solely as aids to your team and should always be reviewed by a human agent before being sent to customers.

You are fully responsible for the accuracy, appropriateness, and content of all messages sent through the platform, whether AI-assisted or manually composed. AI suggestions are not guarantees of accuracy or appropriateness, and should not be treated as professional, legal, medical, or financial advice. The AI does not make autonomous decisions or send messages without human authorization.

9. Data Ownership

You retain full ownership of all data you input into the Service, including conversation content, contact information, account data, and any other content you create or upload. By using the Service, you grant Astra Nexo a limited, non-exclusive, non-transferable license to process this data solely for the purpose of providing, maintaining, and improving the Service.

Upon termination of your account, your data will be available for export for a period of thirty (30) calendar days. After this period, your data will be permanently deleted from our systems, except where retention is required by applicable law or regulation.

10. Data Processing

Astra Nexo processes your data solely for the purpose of providing the Service and in accordance with the principles established in Ley 8968. We do not sell, rent, or trade your personal data or your customers’ data to third parties for marketing or any other purpose unrelated to the Service.

We maintain adequate technical and organizational security measures to protect your data against unauthorized access, alteration, disclosure, or destruction, in compliance with the security requirements of Ley 8968 and its regulations.

Data may be stored on servers located outside of Costa Rica. In such cases, and in accordance with Article 14 of Ley 8968, by accepting these Terms you provide your express consent for the international transfer of data to jurisdictions that maintain adequate levels of data protection. Astra Nexo will ensure that appropriate safeguards are in place for any such transfers.

11. Payment and Billing

Paid plans are billed on a monthly or annual basis, as selected at the time of subscription. All prices are denominated in United States Dollars (USD) unless otherwise specified. Applicable taxes will be added where required by Costa Rican tax law.

Payments are non-refundable except as required by applicable law. We reserve the right to change our pricing with at least thirty (30) days’ prior written notice. If you do not agree with the new pricing, you may cancel your subscription before the new pricing takes effect.

If you fail to make a timely payment, we may suspend or restrict your access to the Service. Continued non-payment may result in termination of your account. You remain responsible for all outstanding charges incurred prior to termination.

12. Service Availability

We strive to maintain high availability of the Service on a best-effort basis; however, we do not guarantee uninterrupted, error-free, or continuous access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, system updates, or improvements.

We will make reasonable efforts to notify you in advance of planned maintenance windows that may affect Service availability. We shall not be liable for any interruption, delay, or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, power outages, internet or telecommunications failures, cyberattacks, pandemics, or other force majeure events.

13. Intellectual Property

The Service, including its software, design, logos, trademarks, documentation, and all related intellectual property, is owned by Astra Nexo and is protected by Costa Rican and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or its intellectual property, except for the limited right to use the Service in accordance with these Terms.

All content you create, upload, or transmit through the Service remains your property. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or disassemble any part of the Service or its underlying technology without prior written authorization from Astra Nexo.

14. Limitation of Liability

To the maximum extent permitted by the laws of Costa Rica, Astra Nexo, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or loss of goodwill, arising from or related to your use of or inability to use the Service.

In no event shall the total aggregate liability of Astra Nexo for all claims arising under or in connection with these Terms exceed the total amount of fees paid by you to Astra Nexo during the twelve (12) months immediately preceding the event giving rise to such liability. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

15. Indemnification

You agree to indemnify, defend, and hold harmless Astra Nexo, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your violation of these Terms; (b) your misuse of the Service; (c) your violation of any applicable law, regulation, or third-party right; (d) any data you process through the Service; or (e) any claim by a third party related to your use of the Service or your failure to obtain proper consent for the processing of personal data.

16. Termination

Either party may terminate this agreement at any time. You may cancel your account through the platform settings or by contacting us at [email protected]. Astra Nexo may suspend or terminate your account immediately if you violate these Terms, engage in conduct that may cause harm to other users or the Service, or fail to pay applicable fees.

Upon termination, your right to use the Service ceases immediately. Your data will be available for export for thirty (30) calendar days following termination. After this period, all data associated with your account will be permanently deleted, except where retention is required by applicable law. Termination does not relieve you of any obligation to pay outstanding fees or of any liability arising from your use of the Service prior to termination.

17. Changes to Terms

We may modify these Terms from time to time. For material changes, we will provide at least thirty (30) days’ prior notice through email and a prominent notification on the platform. Non-material changes may take effect immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must stop using the Service and terminate your account before the changes take effect.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to conflict of law principles. Any legal action or proceeding arising under or in connection with these Terms shall be brought exclusively in the courts of San José, Costa Rica, and you hereby consent to the personal jurisdiction of such courts.

Both parties agree to comply with all applicable provisions of Law No. 8968 (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales), its regulations, and any directives issued by PRODHAB (Agencia de Protección de Datos de los Habitantes).

19. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties shall first attempt to resolve the matter through good faith negotiation for a period of thirty (30) calendar days from the date one party notifies the other in writing of the dispute.

If the dispute cannot be resolved through negotiation within the thirty (30) day period, either party may submit the matter to the competent courts of San José, Costa Rica, in accordance with Section 18 of these Terms.

20. Contact

For any questions, concerns, or notices regarding these Terms of Service, please contact us at:

Email: [email protected]
Company: iGenius Tech SRL (Astra Nexo)
Location: Costa Rica