Terms of Service

Phone Numbers

The Client is solely responsible for providing their own phone number and ensuring it is properly linked to their WhatsApp Business Account (WABA). bKlug does not create or assign phone numbers and will only integrate with numbers and WABA accounts that are correctly provisioned and authorized by the Client.

Platform Plugins

Clients are expected to use the official plugins for supported platforms. While bKlug offers guidance and support for installation, it is not responsible for errors arising from misconfiguration or third-party platform limitations.

Guarantee of the service

Please refer to Service Level Agreement.

Intellectual property rights

bKlug reserves all intellectual property rights over its methodology, models and software. bKlug declares that it has the appropriate authorizations and licenses to grant the software licenses, it assumes that it will be its exclusive account the payment of any other intellectual property rights and the payment of rights and compensation for such concepts. Likewise, the Client acknowledges the intellectual property of bKlug on the methodology, models and software for the provision of the Services to the Client, not acquiring any intellectual property rights on the software or on the methodology and model.

Intellectual property rights, including reproduction, distribution, public communication and/or transformation, in any type of support or mode of exploitation, and industrial are reserved in favor of bKlug, exclusively and worldwide, without limitation in time, that could be derived from the object of the provision of the Services agreed upon this Terms of Service, including in any case the software. Consequently, the Client may not directly or indirectly dispose of the aforementioned software, for a use other than that specified in this Terms of Service.

Intellectual property rights are reserved in favor of the Client, including the reproduction, distribution, public communication and/or transformation, in any type of support or exploitation modality, and industrial that could be derived from all the contents provided to bKlug by the Client entered into the software. Consequently, bKlug may not directly or indirectly dispose of any of the content or materials for use other than that specified in this Terms of Service.

Data protection information clause

bKlug is the data controller of the following data: The professional location data (contact data and data related to the function or position held) of the natural persons who, providing their services to the Client, come into contact with bKlug to enable the maintenance of the business relationship formalized through this Contract ("Contact Persons"), to whom the Client undertakes to transfer the full content of this clause. The personal data of the above-mentioned data subjects will be processed for the following purposes:

To enable the maintenance, development and management of the business relationship formalized through this Terms of Service. The data processed for this purpose will be stored for as long as the business relationship is maintained and, once it is terminated, during the periods of conservation and prescription of responsibilities provided by law. The legal basis for the processing is in relation to the Contact Persons, the legitimate interest of bKlug in maintaining the business relationship with the Client through them.

For these purposes, bKlug may communicate the data to Public Administrations for the fulfillment of legal obligations; to State Security Forces and Bodies and/or the Courts and Tribunals that require them in the framework of an investigation, instruction or procedure and to banking entities for the management of collections and payments. The data may also be communicated to the following categories of persons in charge: Providers of electronic communications, office automation, hosting, housing, computer maintenance, management, accounting, auditing, consulting and legal representation. Some of these processors may be located outside the European Economic Area, in which case bKlug will have adopted appropriate data protection safeguards in advance.

Data subjects may exercise their rights of access, rectification, erasure, restriction of processing, data portability, right to object and the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning him or her or similarly significantly affects him or her, as well as withdraw their consent at any time without affecting the lawfulness of the processing prior to its withdrawal, by sending their request to bKlug. In any case, the data subjects have the right to lodge a complaint with the corresponding supervisory authority if they deem it appropriate.

Data processing clause by bKlug

1. Purpose. The purpose of this clause is to regulate the relationship between the Client, in its capacity as Data Controller, and bKlug, in its capacity as Data Processor. The Processor undertakes to process the personal data only in accordance with the instructions provided by the Client and guarantees that the persons authorized to process the personal data undertake to respect confidentiality or shall be subject to confidentiality by statutory obligation.

2. Services and duration. The term of this clause shall be equal to the duration of the provision of the Services contracted by the Client to bKlug.

‍3. Nature and purpose of the processing. The processing of personal data shall be carried out solely and exclusively for the purpose of providing the Services.

‍4. Type of personal data and categories of data subjects. The type of data to be processed are identification, personal characteristics and commercial information data. The category of data subjects are clients.

5. Obligations and rights of the Client (Controller)

a) Provide or allow the Processor access to the data in order to be able to provide the Services;

b) Carry out a data protection impact assessment of the processing activities to be carried out by the Processor, where applicable;

c) Carry out the appropriate prior consultations;

d) Ensure, prior to and throughout the processing, the Processor's compliance with the Regulations;

e) Supervise the processing, including the performance of inspections and audits.

6. Obligations of the Data Processor‍

a) Process personal data only in accordance with documented instructions from the Client, including with respect to transfers of personal data, unless obliged to do so under Union or Member State law; in such a case, the Processor shall inform the Client of such a legal requirement prior to processing, unless such law prohibits it for important reasons of public interest;

b) ensure that the persons authorized to process personal data have undertaken to respect confidentiality or are subject to a confidentiality obligation of a statutory nature;

c) take all necessary measures in accordance with Article 32 GDPR;

d) assist the Controller, taking into account the nature of the processing, by appropriate technical and organizational measures, where possible, to enable the Controller to fulfill its obligation to respond to requests aimed at exercising the rights of data subjects. In this case, the Data Controller must communicate this by email. The communication must be made immediately and in no case later than the working day following receipt of the request, together, where appropriate, with the information that may be relevant to meet the request.

e) Assist the Client in ensuring compliance with the obligations set forth in Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to the processor;

f) Unless otherwise instructed by the Client, to delete all personal data upon termination of the provision of the Services, as well as to delete existing copies, unless the retention of personal data is required by Union or Member State law;

g) make available to the Client all information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR, as well as to allow and assist in the performance of audits, including inspections, by the Client or another auditor authorized by the Client;

h) immediately inform the Client if, in the opinion of the Processor, an instruction infringes the GDPR or other data protection provisions of the Union or the Member States

g) make available to the Client all information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR, as well as to allow and assist in the performance of audits, including inspections, by the Client or another auditor authorized by the Client;

i) to comply with any other obligation incumbent upon it under applicable data protection law; and

j) Notify the Client, without undue delay and in any event not later than 48 hours, by email, of any personal data security breach of which it becomes aware, together with all relevant information for the documentation, resolution and communication of the incident.

7. Subcontracting. The Client authorizes bKlug to subcontract with the following categories of data processors (all of which are ancillary services necessary to provide the Services): Providers of electronic communications and online office automation, hosting, SaaS services such as CRM/ERP, management, accounting, auditing and lawyers. Where the Processor uses another processor to carry out certain processing activities on behalf of the Client, it shall impose on that other processor, by contract, the same data protection obligations as those set out in these Terms of Service. If such other processor fails to comply with its data protection obligations, the Processor shall remain fully liable to the Customer for compliance with the obligations of the other processor.

8. Artificial Intelligence services. bKlug informs that it will use the end-user data entered in the virtual assistants in an anonymized manner, to carry out training actions and enhancing the performance of these services through the use of artificial intelligence (OpenAI).

Resolution

The parties agree that the Terms of Service may be terminated for the following reasons:

By the will of any of the Parties, when there is a serious breach of the obligations agreed upon this Terms of Service by the other party, especially due to non-compliance with payment within the relevant period. In any case, and as a prerequisite for the termination of the agreement by either of the parties, the non-compliant party must be notified of the non-compliance and given a minimum period of 15 days from the notification to remedy said non-compliance. After this period, the agreement may be terminated. In this case, the breach of any of the obligations may give the right of compensation for the damages suffered.

Due to the extinction of the legal personality of any of the parties.

By written agreement adopted by mutual agreement by both parties.

Nullity and ineffectiveness of the clauses

If any clause included in these Terms of Service or in the agreements signed between the parties is declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null and void or ineffective, the rest of the clauses remaining in all other respects, and such provision, or the part of the same that is affected, shall be deemed not to have been included.

Applicable law and jurisdiction

For the resolution of any question or dispute that may arise in the interpretation and/or fulfillment of these Terms of Service, the Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Lisbon (Portugal), expressly waiving their own jurisdiction if different. These Terms of Service shall be governed by and interpreted in accordance with the laws of Portugal.

Changes to this Terms of Service

bKlug reserves the right to amend this Terms of Service in order to adapt it to new regulations, case laws and industrial and/or commercial practice.

If bKlug decides to change its Terms of Service, it will post those changes on this page.