Terms and Conditions

1. Acceptance of the terms

These terms govern the use of the CreatuAgente platform (creatuagente.io), owned by CONSULTIA LLC, with contact email info@creatuagente.io. By registering and/or using the platform you accept these terms in full. If you do not agree, you must not use the service.

2. Service description

CreatuAgente is a SaaS platform that lets you create, configure and deploy artificial intelligence agents across various messaging channels (web chat, WhatsApp, Instagram, Facebook Messenger, etc.) and connect them with third-party services (Google Workspace, Slack, HubSpot, etc.) through Composio.

3. Accounts and registration

• You must be over 18 years old or have the legal capacity to enter into contracts.
• You are responsible for the accuracy of the data provided and for keeping your password confidential.
• Any activity carried out from your account is deemed to have been carried out by you.
• We reserve the right to suspend accounts that breach these terms.

4. Plans, payments and billing

• Payments are processed through Stripe. CreatuAgente does not store card data.
• Subscriptions renew automatically at the end of each period, unless cancelled in advance.
• The customer may cancel at any time from the billing portal. Cancellation takes effect at the end of the paid period.
• Unused credits do not roll over on renewal; they reset to the plan's value each cycle.
• Plan upgrades are immediate with proration. Downgrades apply at the end of the current cycle.
• No refunds are issued for partially consumed periods, except where legally required.

5. Credit system

Each interaction of the agents with the AI models consumes credits according to the model and the tokens used. The credits assigned to each plan reset at the start of each billing cycle. If credits run out, the agents will stop responding until the next cycle or until the user upgrades their plan.

6. Acceptable use

The user agrees NOT to use the platform, or the agents they create and deploy, for:

• Spam, non-consented mass messaging or any activity that violates WhatsApp, Meta or Twilio policies.
• Generating illegal, fraudulent, defamatory content, sexually explicit content involving minors, or content that incites hatred.
• Impersonating people or brands without authorization.
• Attempting to breach the platform's security or perform reverse engineering.
• Reselling access to the service without express written authorization.
• Any use that violates the usage policies of the integrated AI model providers —including, among others, the Anthropic Usage Policy and the usage policies of Google, xAI and other providers whose models are served through the platform— as well as the terms of Meta, WhatsApp, Twilio, Composio and any other connected service.
• Carrying out, through the agents, any action or generating any content that the user could not lawfully perform directly.

The user is solely responsible for their use of the platform, the configuration of their agents and the messages and actions these generate. Breach of this section may result in the immediate suspension or termination of the account, without refund, without prejudice to any other legal action that may apply.

7. Transparency and consent obligations

When deploying agents on messaging channels or their website, the user is responsible for complying with the regulations applicable to automated communication and, in particular, for:

• Informing their end users that they are interacting with an artificial intelligence system where required by applicable law, including Article 50 of Regulation (EU) 2024/1689 (the EU AI Act).
• Obtaining the consent and authorizations (opt-in) needed to send messages via WhatsApp, Instagram, Facebook, SMS or other channels, in accordance with each provider's policies and applicable anti-spam regulations.
• Not using the agents to make automated decisions with legal or similarly significant effects on individuals without the safeguards required by law.
• Providing their end users with the information and channels needed to exercise their rights and, where appropriate, to reach a human representative.

Compliance with these obligations rests solely with the user, as the party responsible for the deployment and content of their agents.

8. Data protection: controller and processor

With regard to the personal data of end users processed through the deployed agents, the user acts as the data controller and CreatuAgente (CONSULTIA LLC) as the data processor, processing such data solely on the user's instructions and to provide the service. The user represents and warrants that:

• They have a valid legal basis and, where applicable, the consent needed to process the personal data they enter or that their agents collect from end users.
• They have informed their end users about the processing of their data in accordance with applicable data protection regulations.
• They will not enter into the platform special categories of data (health, ideology, biometrics, etc.) without meeting any additional legal requirements that may apply.
• They will handle the requests of their end users to exercise their rights, with the reasonable assistance of CreatuAgente where necessary.

CreatuAgente will process the data in accordance with its Privacy Policy and applicable regulations, will apply appropriate security measures, and will not use such data for its own purposes other than providing the service. This section is without prejudice to entering into, where appropriate, a specific data processing agreement (DPA).

9. Intellectual property

The platform, its code and design are the property of CreatuAgente. The content the customer uploads (system prompts, KB files, configurations) remains their property. The customer grants CreatuAgente a limited license solely to provide the service. If the user submits suggestions, comments or improvement ideas about the platform, they grant CreatuAgente a worldwide, royalty-free, perpetual and irrevocable license to use them and incorporate them into the service without any obligation of compensation or attribution.

10. Third-party services

CreatuAgente integrates third-party services (Google Cloud Vertex AI and the model providers it serves —Anthropic, Google, xAI—, OpenRouter as an alternative transport, Stripe, Composio, Meta, WhatsApp, Twilio, etc.). The use of each integration is subject to the terms, usage policies and conditions of the corresponding provider, which the user declares they know, accept and comply with themselves. The user is solely responsible for ensuring that their use of the platform and of those integrations complies with such conditions. CreatuAgente acts solely as a technical intermediary and is not responsible for failures, changes or interruptions of these services, nor for the consequences arising from the user breaching a provider's conditions. If a provider suspends, limits or revokes access due to misuse by the user, CreatuAgente shall not be liable for the consequences, including the loss of functionality of the user's agents.

In particular, by connecting an Instagram professional account, a Facebook Page or a WhatsApp Business account, the user accepts the Meta Platform Terms and Meta's messaging policies, authorises CreatuAgente to act on their behalf towards Meta solely to provide the service, and undertakes that their agents reply only within the messaging windows Meta allows, honour end users' blocks and opt-out requests and never send unsolicited messages. The Meta applications used by the platform are published by IA CONSULTING, a business verified by Meta, on behalf of CreatuAgente.

11. User responsibility and indemnification

The user expressly acknowledges and accepts that:

• They are solely responsible for the agents they create, configure and deploy, for the instructions (system prompts) and knowledge bases they enter, and for all content, messages and actions their agents generate or perform toward their end users.
• They are solely responsible for complying with the usage policies of the integrated AI and third-party providers —including, among others, the Anthropic Usage Policy—. Any breach of such policies committed through their account, agents or credentials is their exclusive responsibility.
• CreatuAgente acts merely as a provider of the tool and does not review, monitor or control in advance the content generated by each user's agents.
• The user shall hold harmless CreatuAgente (CONSULTIA LLC), its directors, employees and collaborators against any claim, penalty, damage, loss or expense (including attorneys' fees and costs) arising from their use of the platform, from the content or actions of their agents, or from the breach of these terms or of the policies of any AI or third-party provider.

Breach of the usage policies of an AI or third-party provider —or any request from such provider to that effect— constitutes cause for the immediate suspension or termination of the account, without refund.

12. AI-generated content

The agents use artificial intelligence models that generate responses automatically and probabilistically. Such responses may be inaccurate, incomplete, outdated or inappropriate, and must not be treated as professional advice (legal, medical, financial, tax or otherwise). CreatuAgente does not guarantee the accuracy, suitability or fitness for a particular purpose of the content generated by the agents. The user is responsible for reviewing and supervising such content before relying on it or making it available to their end users, and assumes the risks arising from its use.

13. Limitation of liability

The service is provided “as is”. CreatuAgente does not guarantee that the service will be error-free or available without interruption. CreatuAgente's maximum liability to the customer shall be limited to the amount paid by the customer in the last 12 months. Certain features may be offered as beta or experimental versions, identified as such; they are provided without any warranty and may be modified or withdrawn at any time. Nothing in these terms excludes or limits any liability that cannot be excluded or limited under applicable mandatory law, in particular consumer protection law.

14. Suspension and termination

CreatuAgente may suspend or terminate the user's account for breach of these terms, for breach of the usage policies of any integrated AI or third-party provider, when required by such provider, for non-payment or for fraudulent use. Where reasonably possible, the user will be notified in advance, except in cases of serious risk, a third-party request or a legal obligation, in which the suspension may be immediate. The user may close their account at any time from the settings section. After closure, data is retained as described in the Privacy Policy.

15. Modifications

CreatuAgente may modify these terms at any time. Changes will be notified by email at least 15 days in advance when they involve substantial modifications. Continued use of the service implies acceptance of the new terms.

16. General provisions

As general provisions:

• Severability: if any clause of these terms is declared void or unenforceable, the remainder will remain fully valid, and the affected clause will be replaced by a valid one that reflects, as far as possible, its purpose.
• Survival: provisions that by their nature should remain in force after termination —in particular those relating to intellectual property, user responsibility and indemnification, limitation of liability and applicable law— will continue to have effect after the closure or termination of the account.
• Entire agreement: these terms, together with the Privacy Policy and other referenced policies, constitute the complete agreement between the parties and supersede any prior agreement or communication on their subject matter.
• No waiver: CreatuAgente's failure to exercise any right under these terms will not constitute a waiver of that right.
• Assignment: CreatuAgente may assign these terms, in whole or in part, in the context of a reorganization, merger or sale of assets. The user may not assign them without CreatuAgente's prior written consent.
• Force majeure: CreatuAgente will not be liable for the failure or delay in its obligations due to causes beyond its reasonable control (provider failures, network outages, cyberattacks, disasters, decisions of authorities, etc.).

17. Applicable law and jurisdiction

These terms are governed by Spanish law. For any dispute, the parties submit to the courts and tribunals of the consumer's domicile or, failing that, those of the registered office of CONSULTIA LLC (CreatuAgente).

18. Contact

For any questions about these terms: info@creatuagente.io.