These Terms and Conditions (hereinafter "Terms") govern the relationship between Trama Inc. (hereinafter "Trama", "we", or "our") and any natural or legal person (hereinafter "Client" or "you") who accesses or uses the services offered through trama.so and any associated platform, tool, or channel.
By registering, accessing, or using our services, you accept these Terms in their entirety. If you disagree with any part, do not use the service. Continued use of the service after any modification constitutes acceptance of the current Terms.
1. Definitions
For the purposes of these Terms:
Agent: The artificial intelligence program provided by Trama that operates on one or more Client communication Channels to assist with commercial, operational, or customer service tasks. Includes both standard pre-configured agents and custom agents developed within Professional Services.
Channels: The communication platforms where the Agent operates, including but not limited to WhatsApp, Instagram, email, Slack, Microsoft Teams, or any other channel Trama incorporates in the future.
Client Content: All information, material, data, text, images, catalogs, price lists, commercial policies, brands, logos, or any other content that the Client uploads, provides, or makes available to Trama for the configuration and operation of the Agent.
Conversation Data: Messages, interactions, metadata, attachments, and any information generated in conversations between the Agent and the Client's End Users.
Anonymized Data: Information derived from Conversation Data or service usage that has been irreversibly processed so that it does not allow direct or indirect identification of any natural or legal person, nor reconstruction of the original information.
Personal Data: Information of any kind referring to identified or identifiable natural persons, in accordance with applicable data protection legislation.
Platform: The set of web tools, configuration panels, metrics dashboards, and any interface that Trama makes available to the Client to manage, configure, monitor, and analyze the performance of their Agents.
Professional Services: Consulting, commercial diagnostics, custom integration, custom agent development, Client system connection, or other services that Trama provides to the Client outside the standard subscription, including those provided under the Huella Infinita brand or any other commercial name used by Trama.
Authorized User: Any natural person that the Client authorizes to access the Platform or manage the Agent on their behalf (employees, collaborators, representatives).
End User: Any person who interacts with the Client's Agent through any Channel, including but not limited to travelers, potential customers, suppliers, or the Client's contacts.
2. Eligibility and capacity
To use the service, the Client declares and warrants that:
- They are at least 18 years old or have the minimum legal age to enter into binding contracts in their jurisdiction.
- They have the legal capacity to enter into these Terms, either in their own name or representing the legal entity being registered.
- If acting on behalf of an organization, they have the necessary authorization to bind that organization to these Terms.
- They are not disqualified, sanctioned, or prevented by any authority from contracting Trama's services.
Trama reserves the right to verify the Client's identity and capacity and to reject registrations that do not meet these conditions.
3. Service description
Trama provides artificial intelligence agents that operate on the Client's communication channels. The service may include, depending on the contracted plan:
- AI agents configured to handle inquiries, qualify contacts, generate quotes, search availability, or perform other commercial and operational tasks defined by the Client.
- Access to the Platform to configure, monitor, analyze metrics, and manage the Agents.
- Technical support according to the contracted plan level.
- Integrations with the Client's external systems (GDS, ERPs, CRMs, inventory systems, wholesaler APIs, or others), where applicable to the specific plan or agreement.
- Access to documentation, configuration guides, and onboarding materials.
Trama reserves the right to update, modify, add, or discontinue service features at any time, maintaining the essence of the contracted service. Substantial modifications that negatively affect the main contracted functionality will be notified with reasonable advance notice.
4. Nature of artificial intelligence
The Client expressly acknowledges and accepts that:
a) Probabilistic technology. Agents operate through generative artificial intelligence models that produce responses probabilistically and non-deterministically. This means responses may contain factual errors, inaccuracies, omissions, inconsistencies, outdated information, or content that does not accurately reflect the Client's information. Two identical queries may generate different responses.
b) Does not replace human judgment. Agents are assistance and automation tools. They do not replace human oversight, judgment, or verification. The Agent does not constitute professional advice of any kind, including but not limited to legal, financial, accounting, medical, professional tourism, or commercial advice. The Client is solely responsible for supervising and verifying the information that the Agent provides to their End Users, including prices, availability, commercial policies, service conditions, and any operational data.
c) Third-party models. Trama uses artificial intelligence models developed and operated by third-party providers. Trama does not control, develop, or train these foundational models and cannot guarantee their accuracy, availability, behavior, performance, or continuity. Model providers may modify, update, restrict, or discontinue their services at any time and without prior notice to Trama, which may temporarily or permanently affect the Agent's functioning.
d) Service evolution. The Agent's behavior may vary over time as a result of updates to underlying models, configuration adjustments, prompt improvements, business rule changes, or service evolution. Trama will make reasonable efforts to ensure these changes improve the service and will notify of substantial changes when possible, but cannot guarantee that the Agent's behavior will remain identical over time.
e) The Agent acts on behalf of the Client, not Trama. The Agent operates as a Client tool, configured with Client Content and their business rules. When the Agent interacts with End Users, it does so on behalf of the Client's business. Trama is not a party to the commercial relationship between the Client and their End Users. The Client is solely responsible to their End Users for the information, offers, quotes, commitments, promises, or any communication that the Agent generates on their behalf.
f) Mandatory supervision. The Client commits to implementing reasonable human supervision mechanisms over the Agent's operation, especially regarding quotes, commercial commitments, sensitive information, and any interaction that may create obligations for the Client. Trama may provide tools to facilitate this supervision, but the ultimate responsibility lies with the Client.
5. Registration and account
a) Registration data. To use the service, the Client must provide truthful, complete, updated, and verifiable information at the time of registration. Trama reserves the right to request additional documentation to verify the Client's identity.
b) Credentials. The Client is responsible for maintaining the confidentiality of their access credentials (username, password, API tokens, integration keys). All activity conducted under the Client's account is presumed to have been carried out by the Client or their Authorized Users.
c) Breach notification. The Client must immediately notify Trama at hello@trama.so of any unauthorized use of their account, credential breach, or any related security incident.
d) One account per organization. One account per organization is permitted, unless expressly agreed with Trama. Trama may unify or suspend duplicate accounts.
e) Data updates. The Client commits to keeping their account information up to date, including contact details, billing information, and account holder data.
f) Suspension and cancellation. Trama reserves the right to suspend or cancel accounts containing false information, that cannot be verified, or that violate these Terms.
6. Plans, billing, and payments
a) Plans. Trama offers different subscription plans with specific features, limits, and support levels. The features and prices of each plan are detailed at trama.so/pricing or in the commercial proposal sent to the Client. Trama may offer special plans, volume discounts, or customized conditions formalized in writing.
b) Billing cycle. Billing is monthly or annual, depending on the contracted plan. The cycle begins on the service activation date and renews automatically at the end of each period, unless the Client cancels before renewal.
c) Currency. Prices are expressed in Argentine pesos (ARS) for clients in Argentina. For clients outside Argentina or for Enterprise, Professional Services, or custom projects, prices may be expressed in US dollars (USD) or another currency, as agreed in writing. The applicable exchange rate, where applicable, will be the rate in effect at the time of billing or as established in the specific agreement.
d) Payment method. Payments are made through the means enabled by Trama, which may include bank transfer, credit card, direct debit, electronic payment platforms, or other means Trama incorporates. Trama may use third-party payment processors (such as Stripe, Mercado Pago, or others), whose own terms apply to payment processing.
e) Late payment and suspension. In the event of non-payment, Trama may: (i) send reminders to the Client, (ii) apply late payment interest in accordance with the applicable legal rate, (iii) suspend access to the service after 10 calendar days of late payment without prior notice, and (iv) deactivate the account after 30 calendar days of late payment. Suspension due to non-payment does not release the Client from their payment obligation.
f) Overages. If the Client's usage exceeds their plan limits (number of conversations, messages, active Agents, integrations, or other defined metrics), Trama may: (i) apply additional charges according to the published or agreed overage rate, (ii) temporarily limit the service, or (iii) contact the Client to evaluate a plan upgrade. Trama will notify the Client when approaching their plan limits.
g) Taxes. Published prices do not include taxes, fees, or contributions unless expressly indicated. The Client is responsible for all applicable taxes in their jurisdiction, including VAT, income tax, gross revenues, withholdings, or any local or international tax.
h) Price changes. Trama may modify its plan prices with at least 30 calendar days' advance notice. New prices apply to the next billing cycle following notification. If the Client does not accept the new price, they can cancel their subscription before it takes effect, without penalty.
7. Refund policy
a) General principle: no refund. Except as required by mandatory law or as expressly stated in this section, all payments made to Trama are non-refundable. This includes monthly subscriptions, annual subscriptions, setup fees, payments for executed Professional Services, and overage charges.
b) Monthly subscription. No refunds are made for unused partial periods within a monthly cycle. If the Client cancels mid-cycle, they retain access until the end of the billed period.
c) Annual subscription. Annual subscriptions are billed in advance for the full period. No refunds are made for unused months after voluntary cancellation. If the Client cancels, they retain access until the end of the billed annual period.
d) Trial period. If Trama offers a free trial period, the Client may cancel without charge before the period ends. If they do not cancel before expiration, the contracted plan will automatically activate and billing will begin. Trial periods are offered at Trama's discretion and may be modified or eliminated at any time.
e) Professional Services. Payments for already executed (fully or partially) Professional Services are non-refundable. If the project is cancelled before completion, the Client pays for the work actually performed up to the cancellation date, as detailed in the specific agreement.
f) Cancellation by Trama. If Trama cancels the Client's account without cause attributable to the Client, the proportional part of the unused prepaid period will be refunded, calculated in calendar days from the effective cancellation date.
g) Billing errors. If the Client identifies a billing error (duplicate charge, incorrect amount), they must notify hello@trama.so within 30 calendar days from the charge date. Trama will review the claim and, if appropriate, issue the correction or refund within 15 business days.
h) Legal exceptions. Nothing in this section limits the rights that consumer protection legislation or other mandatory rules of the Client's jurisdiction grant. In case of conflict between this policy and a mandatory legal rule, the legal rule prevails.
8. Trial period and beta features
a) Trial period. Trama may offer free or reduced-price trial periods, whose duration, scope, and conditions will be communicated at the time of activation. During the trial period, the service may have limited features. Trama may discontinue or modify the trial period terms at any time.
b) Beta or preview features. Trama may offer features in beta, preview, early access, or experimental status. These features are provided "as is" without any guarantee of stability, accuracy, or continuity. Trama may modify, suspend, or remove them without prior notice or liability. The Client uses beta features at their own risk and accepts that they may contain errors, generate unexpected results, or affect service performance.
c) Beta feedback. If the Client provides feedback, suggestions, or ideas about beta features, they grant Trama a perpetual, irrevocable, non-exclusive, royalty-free license to use that feedback for any purpose, without any obligation of compensation or attribution.
9. Professional Services
When Trama provides Professional Services, the following conditions apply in addition to these Terms:
a) Specific agreement. Professional Services are formalized through a commercial proposal, work order, statement of work (SOW), or equivalent document detailing scope, deliverables, timeline, economic conditions, and acceptance criteria. In case of conflict between that document and these Terms, the specific document prevails for the scope of that project.
b) Payment structure. Professional Services may include an implementation fee (setup), milestone payments, a subsequent monthly subscription, or any combination agreed in writing. Payment amounts and schedules are detailed in the specific agreement.
c) Scope and changes. Trama will execute services in accordance with the scope defined in the specific agreement. Scope modifications (change requests) require written agreement between both parties and may involve adjustments to timeline, price, and deliverables. Out-of-scope work will not be executed without prior approval.
d) Client collaboration. The Client commits to providing timely access to information, systems, credentials, key personnel, and any resources necessary for the execution of Professional Services, within the agreed timelines. Delays attributable to the Client in providing these elements may result in timeline extensions and cost adjustments, without liability for Trama.
e) Deliverable acceptance. Unless a specific acceptance procedure is established in the agreement, deliverables are considered accepted if the Client does not communicate substantiated written objections within 10 business days of delivery.
f) Limited Professional Services warranty. Trama warrants that Professional Services will be executed with reasonable professionalism and diligence. If a deliverable presents substantial defects with respect to the agreed scope, Trama will correct it at no additional cost, provided the Client notifies the defect within 30 calendar days after delivery. This is the sole warranty and the Client's sole remedy in relation to Professional Services.
10. Acceptable use
The Client commits to using the service responsibly and in accordance with applicable legislation. In particular, the Client may not:
a) Spam and unsolicited communications. Use the Agent to send unsolicited, mass, repetitive messages, or messages that violate the anti-spam policies of the Channels where it operates, including Meta/WhatsApp's Business Messaging Policies.
b) False or misleading information. Load the Agent with false, misleading, intentionally outdated information, or information that may mislead End Users about the Client's products, services, prices, availability, or commercial conditions.
c) Security and integrity. Attempt to access, breach, alter, test, or interfere with Trama's or third parties' systems, servers, networks, databases, or infrastructure, including denial-of-service attacks, code injection, or any form of vulnerability exploitation.
d) Reverse engineering. Reverse engineer, decompile, disassemble, or attempt to extract the source code, models, prompts, datasets, algorithms, decision flows, or internal logic of the Agent or the Platform.
e) Illegal activities. Use the service for illegal, fraudulent, defamatory, discriminatory activities, or activities that violate third-party rights, including intellectual property, privacy, or data protection rights.
f) Improper data collection. Collect, store, or process End Users' Personal Data for purposes unrelated to the Client's legitimate business operation, or in contravention of applicable data protection legislation.
g) Redistribution. Resell, sublicense, redistribute, offer as a proprietary service, white-label, or in any way make Trama's service available to third parties without Trama's express written authorization.
h) Reputational damage. Use the service in a manner that could damage the reputation of Trama, the Channels where the Agent operates, or the artificial intelligence industry in general.
i) Prohibited content. Use the Agent to generate, distribute, or facilitate content that is illegal, abusive, threatening, defamatory, obscene, that incites hatred, violence, or discrimination, or that promotes illegal activities.
j) Control evasion. Attempt to evade usage limits, quotas, access restrictions, security mechanisms, or any control implemented by Trama.
Violation of any of these conditions may result in immediate account suspension or cancellation, without prior notice and without right to refund, without prejudice to any applicable legal actions.
11. Intellectual property
a) Trama's property. The Platform, the Agents (including their design, architecture, source code, prompts, logic, flows, base configurations, training datasets, and know-how), the Trama brand, its logos, the interfaces, documentation, and all associated materials are the exclusive property of Trama Inc. or its licensors. Nothing in these Terms transfers intellectual property rights over the service or any of its components to the Client.
b) Client's property. Client Content is and remains the property of the Client. Trama does not acquire ownership rights over the Client's content, catalogs, prices, brands, logos, commercial policies, or other materials. The Client declares and warrants that they have the necessary rights over all Content they upload to the service and that such content does not infringe third-party rights.
c) License to the Client. Trama grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the service during the term of their subscription, in accordance with these Terms and within the limits of the contracted plan.
d) Content license to Trama. The Client grants Trama a limited license to use Client Content exclusively for the purpose of providing the contracted service (configuring the Agent, generating responses, feeding integrations). This license expires with the termination of the contractual relationship, except as provided regarding Anonymized Data.
e) Anonymized Data. The Client accepts that Trama may use Anonymized Data derived from service usage to: improve its products and services, train and evaluate AI models, generate aggregate statistics, industry benchmarks, and research materials, and develop new products or features. Under no circumstances will Anonymized Data allow identification of the Client, their End Users, the Client's confidential commercial information, or reconstruction of specific conversations.
f) Professional Services components. Within the framework of Professional Services: the specific configurations defined by the Client (business rules, catalog content, custom flows, tone adjustments) belong to the Client. Tools, frameworks, reusable modules, technical components, generic integrations, and methodologies developed or used by Trama belong to Trama, unless expressly agreed otherwise in writing in the project-specific agreement.
g) Feedback. Any suggestions, ideas, feature requests, bug reports, or feedback that the Client provides to Trama may be freely used by Trama to improve its products and services, without any obligation of compensation, attribution, or confidentiality regarding that feedback.
h) Brand restrictions. The Client may not use Trama's brand, logo, trade name, or any distinctive sign without prior written authorization, except to descriptively and truthfully refer to using Trama's service.
12. Personal data protection
a) Legal framework. Trama processes Personal Data in accordance with applicable data protection legislation. For clients in Argentina, Law 25.326 on Personal Data Protection and its complementary regulations apply (Regulatory Decree 1558/2001, AAIP provisions). For clients in the European Union or European Economic Area, the provisions of the General Data Protection Regulation (GDPR, EU Regulation 2016/679) also apply where applicable. For clients in other jurisdictions, Trama applies the most protective standards between the Client's local legislation and Argentine legislation.
b) Processing roles. With respect to End Users' Personal Data, the Client acts as data controller and Trama acts as data processor, processing data on behalf of and in accordance with the Client's instructions. The Client is responsible for having the necessary legal bases for the collection and processing of Personal Data through the Agent, including obtaining the required consents under applicable legislation.
c) Purpose and limitation. Trama processes Personal Data exclusively for the provision of the contracted service and in accordance with the Client's documented instructions. Trama does not use the Client's or their End Users' Personal Data for its own purposes other than service provision, except as expressly authorized in these Terms regarding Anonymized Data.
d) Isolation and segregation. Each Client's data is kept logically isolated and segregated from other clients' data. Trama does not share, mix, or allow cross-access of data between different clients.
e) Sub-processors. Trama may use infrastructure providers, cloud services, payment processors, and other sub-processors to provide the service. The Client authorizes the use of sub-processors, and Trama commits to ensuring those sub-processors provide adequate data protection guarantees in accordance with applicable legislation. Trama will notify the Client of significant changes to its main sub-processors when reasonably possible.
f) Data subjects' rights. Trama will reasonably cooperate with the Client to facilitate compliance with access, rectification, erasure, objection, portability, or other rights exercised by Personal Data subjects in accordance with applicable legislation, within the legal periods.
g) Security measures. Trama implements reasonable technical and organizational measures appropriate to the state of the art to protect Personal Data against unauthorized access, loss, alteration, destruction, leakage, or unauthorized processing. These measures include, as applicable: encryption in transit and at rest, role-based access controls, activity monitoring, backups, and recovery procedures.
h) Security breach notification. In the event of a security breach affecting the Client's or their End Users' Personal Data, Trama will notify the Client without undue delay and, in any case, within 72 hours of becoming aware of the incident. The notification will include the nature of the incident, the categories of affected data, the measures taken, and recommendations to mitigate its effects. This notification does not constitute an admission of liability by Trama.
i) International data transfers. Personal Data may be processed on servers located outside the Client's jurisdiction. Trama takes the necessary measures to ensure international data transfers comply with applicable legislation, including implementation of standard contractual clauses, adequate safeguards, or other mechanisms recognized by competent data protection authorities.
j) Retention and deletion. Trama retains Personal Data while the subscription is active and during the post-cancellation period established in the Cancellation section. After that period, Personal Data is securely deleted, unless legally required to be retained. Anonymized Data may be retained indefinitely.
k) Privacy Policy. Complementary details about Personal Data processing, cookies, tracking technologies, and data subjects' rights are found in our Privacy Policy, available at trama.so/pp, which forms an integral part of these Terms.
13. Confidentiality
a) Obligation. Each party commits to maintaining the confidentiality of information received from the other party that is identified as confidential, provided under circumstances of confidentiality, or that should reasonably be considered as such by its nature. This includes, without limitation: commercial, financial, technical, strategic data, customer lists, prices, algorithms, source code, business plans, and any know-how.
b) Limited use. Confidential information may only be used for the purposes of the contractual relationship established in these Terms.
c) Limited disclosure. Confidential information may only be disclosed to employees, collaborators, or professional advisors of the receiving party who need to know it for the purposes of these Terms, and who are subject to equivalent confidentiality obligations.
d) Duration. This obligation subsists during the term of the relationship and for a period of 2 years after its termination.
e) Exceptions. Information is not considered confidential if: (i) it is or becomes public domain without fault of the receiving party, (ii) it was legitimately known by the receiving party prior to its receipt, (iii) it is legitimately received from a third party without confidentiality obligation, (iv) it is independently developed by the receiving party without use of the confidential information, or (v) it must be disclosed by legal provision, court order, or request of a competent authority, in which case the receiving party will notify the disclosing party as far in advance as possible.
14. Third-party channels and platforms
a) Third-party dependence. Trama's service operates on Channels and depends on third-party platforms, APIs, and infrastructure (including Meta/WhatsApp, Google, cloud providers, AI model providers, and others). Trama does not control the availability, policies, terms of use, or functioning of these platforms. Trama is not responsible for changes in policies, restrictions, interruptions, discontinuations, or actions by these third parties that affect the service.
b) Compliance with third-party policies. The Client is solely responsible for knowing and complying with the terms of use and policies of the Channels where their Agent operates. Trama assumes no liability for sanctions, suspensions, blocks, restrictions, or penalties that the Channels impose on the Client for non-compliance with their own policies.
c) WhatsApp/Meta. In particular, the use of the Agent on WhatsApp is subject to the WhatsApp Commerce Policy, the Business Messaging Policy, the WhatsApp Business Platform Terms, and any other applicable Meta Platforms, Inc. policy. The Client declares knowledge of and acceptance of these policies. Trama operates as a technology provider connecting the Client with the WhatsApp API but is not responsible for Meta's decisions regarding the Client's account.
d) Third-party API changes. Channel and AI model providers may modify their APIs, access conditions, features, or pricing at any time. Trama will make reasonable efforts to adapt the service to these changes but does not guarantee the continuity of features that depend on third parties.
15. Service availability
a) Best effort. Trama commits to maintaining the service continuously available, employing commercially reasonable efforts. However, the service is provided on a "best effort" basis and Trama does not guarantee uninterrupted, error-free, or harmful component-free availability.
b) Scheduled maintenance. Trama may conduct scheduled maintenance that involves temporary service interruptions, notifying the Client with at least 24 hours' notice when possible. Trama will endeavor to schedule this maintenance during low-usage hours.
c) Emergency maintenance. In situations requiring urgent intervention (security vulnerabilities, critical failures, infrastructure incidents), Trama may conduct emergency maintenance without prior notice.
d) No standard SLA. No service level agreements (SLA) with specific uptime commitments, service credits, or availability penalties are offered on standard plans. Clients requiring SLAs can contract them as part of an Enterprise plan or Professional Services agreement, with specific conditions and costs.
e) Force majeure. Trama will not be liable for interruptions, degradations, or failures caused by events beyond its reasonable control, including but not limited to: natural disasters, government or regulatory authority acts, internet or telecommunications infrastructure failures, cyberattacks (DDoS, ransomware, or others), pandemics, labor disputes, infrastructure provider, Channel, or AI model failures or interruptions, and any other force majeure event under applicable legislation.
16. Limitation of liability
a) Disclaimer of warranties. To the maximum extent permitted by applicable legislation, 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, non-infringement, accuracy, completeness, availability, security, or results.
b) No results guarantee. Trama does not guarantee that use of the service will produce specific commercial results, including but not limited to: increased sales, improved conversion rates, reduced operational costs, increased customer satisfaction, time savings, or any other business outcome. Case studies, testimonials, projections, or estimates that Trama shares are illustrative and do not constitute a results guarantee.
c) Agent errors. The Client expressly acknowledges that the Agent may generate incorrect, incomplete, inconsistent, inappropriate responses, or responses that do not accurately reflect Client Content. Trama is not responsible for direct or indirect damages that may arise from errors in the Agent's responses, including but not limited to: incorrect quotes, wrong prices, outdated availability information, inadvertent commitments to End Users, lost business opportunities, or damage to the Client's relationship with their End Users.
d) Liability cap. To the maximum extent permitted by applicable legislation, Trama's total and cumulative liability for any reason related to these Terms, the service, Professional Services, or any act or omission by Trama, shall not exceed the total amount actually paid by the Client to Trama during the 12 months immediately preceding the event giving rise to the claim, or the equivalent of USD 100 (one hundred US dollars), whichever is greater.
e) Exclusion of damages. Trama will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, data loss, lost business opportunities, loss of reputation, loss of goodwill, business interruption, costs of obtaining substitute services, or any other damages that are not direct damages, even if Trama has been advised of the possibility of such damages.
f) Third-party liability exclusion. Trama will not be liable for acts, omissions, failures, policy changes, or interruptions by AI model providers, infrastructure providers, payment processors, communication Channels, or any other third party, to the extent that they act in accordance with their own standard terms.
g) Jurisdictions with restrictions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those cases, the above limitations apply to the maximum extent permitted by applicable legislation. Nothing in these Terms intends to limit rights that by law cannot be limited.
17. Indemnification
a) Indemnification by Client. The Client commits to indemnifying, defending, and holding harmless Trama, its co-founders, directors, employees, collaborators, and agents from any claim, demand, action, proceeding, damage, loss, cost, fine, or expense (including reasonable attorney's fees) arising from or related to:
- The Client's, their Authorized Users', or any person accessing the service through the Client's account's use of the service.
- The Client's violation of these Terms, applicable legislation, or third-party rights.
- Client Content, including claims for intellectual property infringement, false or misleading data, or privacy violation.
- Client End User claims arising from interaction with the Agent, including claims for incorrect information, unfulfilled commitments, or erroneous offers.
- The Client's non-compliance with applicable data protection legislation in relation to Personal Data processed through the service.
b) Procedure. Trama will notify the Client of any claim covered by this indemnification with reasonable promptness. The Client may not accept settlements or transactions that involve obligations for Trama without its prior written consent.
18. Cancellation and termination
a) Cancellation by Client (standard subscription). The Client may cancel their subscription at any time, without penalty, through the Platform or by contacting hello@trama.so. Cancellation takes effect at the end of the current billing cycle. The Client retains access to the service until the end of the billed period. No refunds are made in accordance with section 7.
b) Professional Services cancellation. Cancellation of Professional Services projects is governed by the conditions of the specific agreement. In the absence of an express clause, either party may cancel with 15 business days' advance notice, with payment for work actually performed up to the cancellation date.
c) Termination by Trama for cause. Trama may immediately suspend or terminate the Client's access, without prior notice, in case of: serious violation of these Terms, fraudulent use of the service, illegal activity, risk to the security of the service or third parties, persistent non-payment (more than 30 days), or requirement by a competent authority.
d) Termination by Trama without cause. Trama may terminate the relationship with the Client without cause, with 60 calendar days' advance notice, reimbursing the proportional part of the unused prepaid period.
e) Effects of termination. Upon termination:
- The Client loses access to the service, Platform, and all associated functionality.
- The Agent ceases to operate on the Client's Channels.
- The Client may request export of their Data (Client Content and Conversation Data) during the 30 calendar days following termination, in a standard, machine-readable format determined by Trama.
- After 30 calendar days from the effective termination, Trama will delete the Client's data from its systems, except: (i) Anonymized Data, which may be retained indefinitely, (ii) data that must be retained due to legal obligation, and (iii) backups that will be deleted in accordance with the normal rotation cycle.
f) Survival. Clauses relating to intellectual property (section 11), data protection (section 12), confidentiality (section 13), limitation of liability (section 16), indemnification (section 17), applicable law (section 20), and any other clause that by its nature should survive, survive termination of these Terms.
19. Regulatory compliance and conduct
a) Legal compliance. The Client declares and commits to using the service in compliance with all applicable legislation in their jurisdiction, including but not limited to: consumer protection legislation, personal data protection, electronic commerce, unfair competition, telecommunications regulations, and any specific sector regulations.
b) Anti-corruption. The Client declares that they will not use Trama's service in connection with bribery, corruption, money laundering, or terrorism financing activities. Trama commits to compliance with applicable anti-corruption laws.
c) Sanctions. The Client declares that they are not subject to economic or commercial sanctions that prevent them from contracting the service. If Trama determines that the Client is in a jurisdiction subject to sanctions that prevent service provision, it may immediately terminate the relationship.
20. Applicable law and dispute resolution
a) Applicable law. These Terms are governed by and interpreted in accordance with the laws of the Republic of Argentina, without giving effect to its conflict of laws rules.
b) Friendly resolution. Before initiating any legal proceedings, the parties commit to attempting to resolve the dispute in good faith through direct negotiation for a period of 30 calendar days from the formal notification of the conflict.
c) Jurisdiction. If direct negotiation does not resolve the dispute, the parties submit to the exclusive jurisdiction of the ordinary courts of the city of Córdoba, Province of Córdoba, Republic of Argentina, waiving any other forum that may correspond.
d) International clients. For clients domiciled outside Argentina who contract Professional Services or Enterprise plans, the parties may agree in writing on an alternative jurisdiction or specific arbitration mechanism. In the absence of such agreement, the jurisdiction established in subsection (c) applies.
e) Survival of local rights. Nothing in this section limits the Client's right to assert rights that their jurisdiction's mandatory legislation grants, including consumer protection rights that cannot be waived by contract.
21. General provisions
a) Entire agreement. These Terms, together with the Privacy Policy (trama.so/pp), specific Professional Services agreements, and any accepted order or commercial proposal, constitute the entire agreement between the parties regarding the subject matter herein, and replace any prior agreement, understanding, or communication, verbal or written.
b) Severability. If any provision of these Terms is found invalid, illegal, or unenforceable by judicial or administrative resolution, the remaining provisions will maintain full force and effect. The invalid provision will be interpreted or modified to the minimum extent necessary to make it valid and enforceable, preserving the parties' original intent.
c) No waiver. Failure to exercise, delay in exercising, or partial exercise of any right by Trama does not constitute a waiver of that right or any other right under these Terms. No waiver will be effective unless it is express and in writing.
d) Assignment. The Client may not assign, transfer, or delegate these Terms or the rights or obligations arising therefrom, in whole or in part, without Trama's prior written consent. Any assignment in violation of this provision will be null. Trama may assign these Terms, in whole or in part, in the context of a merger, acquisition, corporate reorganization, or asset sale, notifying the Client with reasonable advance notice.
e) Relationship between parties. These Terms do not create a partnership, joint venture, mandate, employment, franchise, or agency relationship between Trama and the Client. Neither party has authority to assume obligations on behalf of the other.
f) Communications. Trama's notifications to the Client are made by email to the address registered in the Client's account, or through the Platform. They are considered received at the time of sending. Client communications to Trama are directed to hello@trama.so. Formal legal notices must be sent in writing.
g) Language. These Terms are originally written in Spanish. In the event that Trama offers translations to other languages, the Spanish version prevails in case of any discrepancy.
h) Headings. Section headings are included for convenience and do not affect the interpretation of these Terms.
i) Document integrity. If the Client accepts these Terms electronically (by clicking "I accept", registering on the Platform, or using the service), such acceptance has the same validity as a handwritten signature, in accordance with applicable legislation on electronic signatures and electronic commerce.
22. Contact
For inquiries, complaints, or notifications about these Terms:
Email: hello@trama.so Web: trama.so Location: Córdoba, Argentina
To report security incidents: security@trama.so
Trama Inc. reserves all rights not expressly granted in these Terms.