Terms and Conditions of Service

1. Acceptance of the terms

These Terms and Conditions (the "Terms") govern access to and use of the Awki service (the "Service") operated by SumaqAI SAC ("SumaqAI", "we", "us"), with its public site at www.awiki.ai.

By registering for, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Description of the Service

Awki is a SaaS platform that lets you automate the handling of messages across channels such as WhatsApp, Instagram, Messenger, TikTok, web, and others, through configurable flows and artificial intelligence models. The exact scope, usage limits, and features depend on the plan you subscribe to.

3. Eligibility and account

  • To use Awki you must be of legal age in your jurisdiction and have the legal capacity to enter into contracts.
  • You are responsible for the accuracy of the data you upload and for keeping your account information up to date.
  • You are responsible for the confidentiality of your credentials and for all activity that occurs under your account.
  • Notify us immediately if you suspect any unauthorized use by writing to info@sumaqai.com.

4. Beta version and availability

Some features may be offered in a "beta" or "preview" state. These features may contain errors and may change or be discontinued without prior notice. We strive to keep the Service available 24/7, but we do not guarantee uninterrupted availability.

5. Acceptable use

When using Awki, you agree NOT to:

  • Send spam, unsolicited messages, or violate the policies of the connected platforms (WhatsApp Business Policy, Meta Platform Terms, TikTok Developer Terms, etc.).
  • Send illegal, fraudulent, defamatory, obscene, or discriminatory content, or content that incites hatred or violence.
  • Impersonate individuals or companies.
  • Infringe the intellectual property rights of third parties.
  • Collect personal data without a legal basis or without informing the data subjects.
  • Use the Service to promote illegal activities, unauthorized gambling, controlled substances, non-consensual sexual content, weapons, or pyramid schemes.
  • Reverse engineer, decompile, or attempt to access the source code of the Service.
  • Interfere with the infrastructure, circumvent technical limits, overload our systems, or breach security.
  • Resell or sublicense the Service without our express written authorization.

Any violation of this section may result in the immediate suspension or termination of your account, without refund.

6. Third-party platforms

Awki integrates with platforms operated by third parties (Meta, TikTok, Google, and others). Use of those integrations is subject to the terms and policies of each platform, which you are responsible for reviewing and complying with. We are not responsible for changes, suspensions, or errors in third-party APIs that affect the Service.

7. Intellectual property

7.1. Our property

Awki, its software, brand, logos, design, editorial content, and documentation are the exclusive property of SumaqAI SAC and are protected by intellectual property laws. These Terms grant you no ownership rights over the Service, only a limited, non-exclusive, non-transferable, and revocable license to use it in accordance with what is agreed herein.

7.2. Your content

You retain all rights to the content you upload to the Service (messages, files, flow configurations, knowledge base, etc.). You grant us a worldwide, non-exclusive, royalty-free license to process and store it for the sole purpose of operating the Service for you.

7.3. Feedback

If you send us suggestions or feedback, we may use them without restriction and without compensation.

8. Plans, payments, and billing

  • Access to the Service may be free (free plan, trial, or beta) or paid, depending on the plan you choose.
  • Prices and the scope of each plan are published on the site and may change; changes only affect future renewals.
  • Payments are processed through external providers. By subscribing to a paid plan, you authorize the corresponding recurring charges until you cancel.
  • Unless required otherwise by law, payments are non-refundable.
  • You may cancel your plan at any time; cancellation takes effect at the end of the current billing period.
  • If your account has past-due payments, we may suspend or terminate the Service.

9. Personal data

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

When you use Awki to manage conversations with your customers, you are the data controller of that data and we act as the processor. You undertake to have the appropriate legal basis and consents in place.

10. Warranties and disclaimer

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.

We do not warrant that the Service will be uninterrupted, error-free, or secure against every attack, nor that responses generated by artificial intelligence will be accurate, complete, or suitable for every case. You are responsible for reviewing and supervising the automated flows you configure.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMAQAI SAC, ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS, REVENUE, DATA, REPUTATION, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for any claim related to the Service shall not exceed the amount you have actually paid us during the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars (USD 100), whichever is greater.

12. Indemnification

You agree to defend, indemnify, and hold SumaqAI SAC harmless from any claim, damage, cost, or expense (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) the content you upload to the Service; (c) your violation of applicable laws or third-party rights; or (d) your use of the Service in violation of the policies of connected platforms.

13. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part and without prior notice, if: (a) you breach these Terms; (b) your use puts other users or the infrastructure at risk; (c) it is required by a competent authority; or (d) we discontinue the Service.

You may terminate your account at any time from the settings or by writing to info@sumaqai.com. Termination does not give rise to any right to a refund, unless applicable law provides otherwise.

14. Changes to the Terms

We may modify these Terms at any time. When changes are material, we will notify you with reasonable advance notice by email or through a visible notice within the Service. Continued use of the Service after the effective date constitutes your acceptance of the modified Terms.

15. Governing law and jurisdiction

These Terms are governed by the laws of the United States of America, without regard to its conflict-of-laws rules. Any dispute shall be submitted to the exclusive jurisdiction of the competent federal or state courts located in the United States.

16. General provisions

  • Entire agreement: these Terms, together with the Privacy Policy and any additional agreement signed, constitute the entire agreement between you and SumaqAI regarding the Service.
  • Severability: if any clause is found invalid or unenforceable, the remaining clauses remain in effect.
  • Waiver: our failure to enforce any right does not constitute a waiver of that right.
  • Assignment: you may not assign these Terms without our prior consent. We may assign them freely in the context of a corporate transaction.
  • Force majeure: we are not responsible for failures arising from events beyond our reasonable control.

17. Contact

For any questions about these Terms: