This Agreement is a legal contract between you ("User" or "you") and The Pan de Azúcar Bay Company LLC ("we," "our," or "us") that governs your use of the Tomatina Messenger service ("the Service"). By using the Service, you agree to be bound by these terms and conditions.
By using this service as an employee, agent, or contractor for a corporation, company, or any similar entity, you are warranting that you have the authority to sign and bind such entity to accept the terms of this Agreement. The rights granted in this Agreement are expressly conditioned upon acceptance by such authorized personnel.

1. Description of the Service

• Tomatina Messenger provides tools to enhance customer instant messaging support through an interface that allows you to manage conversations generated across multiple channels and follow up on them, either manually or automatically.

2. Eligibility

• 2.1 To use the Service, you must be of legal age in your jurisdiction and have the legal capacity to enter into a binding contract.

• 2.2 By registering, you represent and warrant that the information you provide is accurate and complete and you agree to keep it updated.

3. License to Use

• 3.1 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your internal business purposes.

• 3.2 You may not: (a) copy, modify, distribute, sell, or lease any part of the Service; (b) reverse engineer or attempt to extract the source code of the Service, except to the extent that applicable laws permit.

4. Use of the Service

• 4.1 You are responsible for all activity that occurs under your account and must maintain the security of your access credentials.

• 4.2 You agree not to use the Service to: (a) send unsolicited communications or spam; (b) transmit any illegal, offensive, defamatory, or infringing content; (c) interfere with the operation of the Service.

5. Privacy

• Our Privacy Policy describes our practices for collecting, using, and protecting your information. By using the Service, you agree to the practices described in that policy. Please see Privacy Policy.

6. Intellectual Property

• 6.1 All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of The Pan de Azúcar Bay Company LLC and its licensors.

• 6.2 No rights or licenses are granted to you except as expressly set forth in this Agreement.

7. Fees and Payments

• 7.1 Use of the Service may be subject to fees. You agree to pay all applicable fees in accordance with the pricing terms posted on our website or otherwise agreed upon.

• 7.2 We reserve the right to change our fees at any time, with reasonable advance notice.

8. Termination

• 8.1 We may suspend or terminate your access to the Service at any time and for any reason, including but not limited to breach of this Agreement.

• 8.2 You may stop using the Service at any time, and if you have a paid account, you may cancel it in accordance with our cancellation policies.

9. Disclaimers and Limitation of Liability

• 9.1 The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied.

• 9.2 To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

10. Indemnification

• You agree to indemnify and hold harmless The Pan de Azúcar Bay Company LLC and its affiliates, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of this Agreement; or (c) your violation of any third-party right.

11. Modifications

• We reserve the right to modify this Agreement at any time. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Agreement. We will use reasonable efforts to notify the Customer of the changes through communications through the Customer Account, email or other means. The “Effective Date” of this Agreement is the date that is earlier than (a) Customer’s initial access to any Service through any provisioning, registration or online ordering process or (b) the effective date of the First Service Order Form, as applicable, referring to this Agreement. This Agreement will govern Customer’s initial purchase on the Effective Date, as well as any future purchases made by Customer that reference this Agreement.

12. Governing Law and Jurisdiction

• This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Delaware to resolve any dispute arising out of this Agreement or the use of the Service.

13. Service Level Agreement (SLA)

• 13.1 Service Availability: We guarantee that the Service will be available 99.5% of the time during each monthly billing cycle.

• 13.2 Downtime: We reserve the right to shut down the Service for maintenance or other reasons, with due notice provided to users.

• 13.3 Compensation for Downtime: In the event of any downtime exceeding the guaranteed 99.5% availability, we will compensate users by reducing the Service's cost proportionally to the time lost. This reduction will be applied to the user's next billing cycle.

14. Data Security and Compliance

• 14.1 Compliance with Regulations: We adhere to relevant data protection regulations, including GDPR and CCPA, in our treatment of user data.

• 14.2 Data Protection Measures: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing personal data.

• 14.3 Transparency and Consent: We are committed to transparency in our data collection and processing practices and obtain user consent when required.

• 14.4 User Rights: We respect and facilitate user rights to access, rectify, erase, and restrict the processing of their personal data.

• 14.5 Data Processing Agreements: We ensure that any third party processing data on our behalf has data processing agreements in place and complies with applicable regulations.

• 14.6 Breach Notification: In the event of a data breach, we will notify the appropriate regulatory authorities and affected individuals as required by law.

15. User Responsibilities and Restrictions

• 15.1 You agree not to: (a) use the Service for illegal purposes; (b) misrepresent your identity or affiliation; (c) infringe the rights of others; (d) upload or transmit harmful code.

• 15.2 You are responsible for ensuring the accuracy of data and respecting third-party rights in your use of the Service.

17. Support and Maintenance

• 17.1 Support Channels: Support channels and response times vary according to your subscription plan. For detailed information about the support options available, please see our Pricing Page.

• 17.2 Maintenance Times: We may perform maintenance on the Service. If maintenance is not urgent, it will be scheduled during low-traffic hours to minimize disruption. In case of emergencies, maintenance may be performed without prior notice to ensure the Service's integrity and security.

19. Cookies and Tracking

• 19.1 Use of Cookies: We use cookies and similar tracking technologies to enhance your experience with the Service, analyze usage, and improve our offerings.

• 19.2 Cookie Policy: For detailed information about the types of cookies we use, their purposes, and how you can manage your cookie preferences, please see our Cookie Policy.

20. Changes to the Service

• We reserve the right to modify, add, or discontinue features of the Service at any time. We will provide notice of significant changes through your account, email, or other reasonable means.

21. Severability

• If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

22. Contact

• If you have any questions about this Agreement, please contact us at:
  The Pan de Azucar Bay Company LLC
  16192, Coastal Highway, Lewes, DE, 19958
  tomatina@pandeazucarbay.com
  +1 (302) 550-4955

By using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.