Terms and conditions

Who provides the service

The Viantaris platform is operated by Stiven David Perez Rivera, an individual, domiciled at Cra. 15 # 84-28, Barranquilla, Atlántico, Colombia. Viantaris is the trade name under which the service is provided, not an incorporated company. The contact for matters related to these terms is privacidad@viantaris.com. These terms govern the use of the platform by a business («the Client»).

If a company is formed. If the service comes to be provided by a company formed by Stiven David Perez Rivera, the Client agrees that these terms and the existing relationship may be assigned to it on the same terms. The Client will be notified in writing at least 30 days in advance and, if it does not agree, may end the relationship without penalty.

Nature of the service

Viantaris is software as a service (SaaS). It lets the Client configure an automated agent that chats with its patients or end customers —on WhatsApp, Messenger and Instagram—, replies with the information the Client itself configures, checks its calendar availability, offers times, books appointments and hands the conversation to a member of the Client's team when appropriate.

Viantaris does not provide medical, health, legal or professional advisory services of any kind, nor does it act in place of a professional. The platform does not issue diagnoses or clinical assessments. Patient care, professional decisions and the responsibility for them belong to the Client.

Permitted use

The Client agrees to use the platform lawfully and not to:

• Configure it to mislead the people it chats with, or to promise results the Client cannot deliver.
• Use it to send unsolicited communications or for purposes other than serving its own patients or customers.
• Enter third-party data without the authorization required by the applicable regulations.
• Try to access other clients' data on the platform, or circumvent the access controls or technical limits of the service.
• Resell, sublicense or assign access to the platform without prior written authorization.

Client responsibilities

• The configured information. The Client is responsible for the accuracy of what it configures: services, prices, treatments that require an assessment, schedules and escalation rules. The platform checks what the Client has configured; it does not check whether what was configured is correct.
• Its patients' data. The Client acts as the controller of its patients' or end customers' data, and is responsible for obtaining the authorizations required by law. Viantaris acts as processor. See the privacy policy.
• Human supervision. When the platform hands a conversation to a person, it is up to the Client to attend to it.
• The messaging channel. The Client must comply with the policies of the channel it uses: those of WhatsApp Business, of Messenger and Instagram, and Meta's Platform Terms. By connecting a Page or an Instagram account, the Client declares that it manages it and can authorize Viantaris to receive and reply to its messages.

Account and credentials

Access to the platform is personal for each member of the Client's team. The Client is responsible for keeping credentials confidential, for managing its team's roles and for removing access from anyone who no longer needs it. It must tell us without delay about any unauthorized use it becomes aware of.

Service availability

We work to keep the platform continuously available, with automatic monitoring of the service and daily backups. The service may be interrupted for maintenance, for our own incidents or for failures of providers it depends on, such as the messaging channel.

This version does not commit to any availability percentage or service level agreement. What we do guarantee: the platform is monitored automatically every two minutes from two different servers, backups are made daily and their restoration is tested every week, and when an interruption affects the Client we will tell it by email what happened and when it was resolved.

Intellectual property

The platform, its code, its design and its brand are the property of Stiven David Perez Rivera. These terms grant the Client a limited, non-exclusive and non-transferable right of use while the relationship is in force, and transfer ownership of nothing.

The Client's data and content remain the Client's. This includes the information it configures and its patients' conversations.

Technology providers

The platform relies on third-party providers to work: the messaging channel, the hosting and database infrastructure, the language model provider and the email service. Their terms and availability are not under our control, and an interruption or a change in their policies may affect the service.

There may be third-party costs depending on the channel, provider or integration —for example, what the messaging channel charges per conversation—. Those costs are not charged by Viantaris.

Limitation of liability

The platform is a tool that supports customer service. The Client retains control of and responsibility for its operation, for what it configures and for the care of its patients.

Viantaris's total liability to the Client, for any cause related to the service, is limited to the amount the Client paid in the 12 months before the event giving rise to it. Viantaris is not liable for lost profits, lost opportunities or indirect damages; for decisions made based on information the Client itself configured; or for failures of third-party providers beyond its control.

These limitations do not apply in cases of fraud or gross negligence, nor do they exclude rights recognized by law that cannot be waived.

Suspension and cancellation

The Client may stop using the platform at any time. We may suspend access in the event of use that breaches these terms, non-payment or a security risk, giving notice when reasonably possible.

• The Client may cancel at any time by giving 30 days' notice by email. Except in the suspension cases above, we also give 30 days' notice.
• Amounts already invoiced are not refunded, and the service remains available until the end of the paid period.
• During the 30 days after termination, the Client may request an export of its data. After that period it is deleted, except what the law requires to be kept (see the privacy policy).

Changes

We may update these terms. When a change is substantial, we will notify clients with reasonable advance notice. The date at the top shows the latest version.

Governing law

These terms are governed by the laws of the Republic of Colombia.

In the event of any dispute, the parties will try to resolve it directly for 30 days. If they cannot, the courts of Barranquilla, Colombia, will have jurisdiction.

Contact

For matters related to these terms: privacidad@viantaris.com. For matters about personal data, see the privacy policy.