Terms of Service

1. Acceptance

By creating an account or using Bongga (operated by Bongga SAS, Colombia, hereinafter "Bongga", "we"), the customer ("you") accepts these Terms of Service in full. If you act on behalf of a company, you represent that you have the authority to bind it and accept these terms on its behalf as well. If you do not agree, you must not use the platform.

2. The service

Bongga is a conversational CRM and business automation SaaS platform that integrates, among others: WhatsApp messaging via the WhatsApp Business API and Meta's Graph API; lead capture from Meta Lead Ads and TikTok Lead Gen; artificial intelligence agents that generate automated replies using third-party language models routed through providers such as OpenRouter; phone calls with AI voice agents through providers such as Vapi; automation flows configurable by the customer; and recurring payment processing via Mercado Pago. The service is provided multi-tenant, with each customer's data logically isolated within the same shared infrastructure.

Bongga operates as an integrator of Meta's WhatsApp Business API. The customer is responsible for complying at all times with the WhatsApp Business Policies and Meta's and TikTok's equivalent policies. Bongga is not responsible for, nor does it guarantee, any outcome regarding these third parties' decisions (suspension, ban, messaging limits, or template rejection) affecting the customer's accounts, numbers, or campaigns, even when arising from use of the platform.

3. Artificial intelligence: scope and disclaimer of liability

Bongga's AI agents generate automated replies based on instructions and documents the customer itself configures. Bongga does not guarantee the accuracy, currency, legality, or suitability of any AI-generated reply, and is not liable for decisions, losses, third-party claims, or damages arising from an incorrect, incomplete, or inappropriate reply generated by an agent. The customer is solely responsible for:

• Configuring, reviewing, and testing its agents before exposing them to real customers.
• Ensuring its agents' content and replies comply with the regulations applicable to its industry (for example, any limitations on medical, financial, legal, or other regulated advice, if the customer operates in those sectors).
• Supervising its agents and enabling human handoff when a conversation requires it.
• The content of the documents it uploads to its agents' knowledge base.

When the customer enables reading data from its own business (invoices, appointments, or other records, via a connector it configures) or AI voice calls, the customer is responsible for obtaining any authorization, notice, or consent required by applicable law (including call recording notices) with respect to its own customers or patients; Bongga provides the technical tool but is not the data controller for that external data.

4. Plans, billing, and suspension for non-payment

• Plans are billed recurringly and in advance in Colombian pesos (COP) through Mercado Pago. Bongga never receives or stores the customer's full card or payment method details.
• The free trial period (7 days, unless another period is indicated) does not require a credit card.
• When the trial ends without an active plan, or upon non-payment, cancellation, or suspension of the subscription, the system automatically restricts access to and use of the platform until payment is regularized. The customer's data is not deleted for this reason.
• Prices and each plan's limits (number of active flows, users, AI messages, etc.) may be adjusted with reasonable prior notice by email or within the panel.

5. Cancellation

The customer may cancel at any time from the billing panel or by writing to support@bongga.dev. Cancellation is effective at the end of the current billing period. No refunds are issued for partial periods, unless applicable law provides otherwise.

6. Acceptable use

The customer agrees to:

• Not use the service to send spam, misleading or fraudulent content, or unsolicited messages outside the channels and consents permitted by WhatsApp/Meta/TikTok.
• Not use the platform for illegal activities, hate speech, non-consensual sexual content, or to infringe third-party rights.
• Not violate Colombian law or the law of the country where its business operates.
• Keep its access credentials confidential and immediately report any unauthorized use of its account.
• Not attempt to access, scan, or interfere with data or infrastructure belonging to other organizations or to Bongga.
• Have a legal basis and valid consent to contact each person entered into its CRM.

Bongga reserves the right to suspend or cancel accounts that violate these conditions, with or without prior notice depending on severity, and to report illegal activity to the competent authorities.

7. Availability and third-party dependency

Bongga strives to keep the service available 24 hours a day, but does not guarantee uninterrupted availability. The service depends on external providers (Meta/WhatsApp, TikTok, AI model providers, Mercado Pago, cloud infrastructure providers) outside Bongga's control; we are not responsible for interruptions, policy changes, price changes, or outages of these third parties, nor for force majeure events.

8. Intellectual property and data

Bongga and its brands, logos, software, and documentation are the property of Bongga SAS. The data the customer enters into the platform (conversations, contacts, flows, knowledge documents) are and will remain its exclusive property; the customer grants Bongga a limited license to process it solely to provide the contracted service (including sending it to AI providers to generate replies, per section 3).

9. Warranties

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.

10. Limitation of liability

To the maximum extent permitted by Colombian law, Bongga's total and aggregate liability to the customer for any claim related to the service will not exceed the amount paid by the customer in the last three (3) months of service. Bongga will not be liable, under any circumstances, for indirect, incidental, special, or consequential damages, lost profits, data loss, loss of customers or business opportunities, nor for claims arising from AI-generated content, third-party decisions (Meta, TikTok, Mercado Pago, AI or voice providers), or misuse of the platform by the customer or its authorized users.

11. Indemnification

The customer agrees to indemnify and hold Bongga SAS, its officers, and employees harmless against any claim, loss, or expense (including reasonable legal fees) arising from: (a) content sent, received, or generated through its agents or flows; (b) breach of these terms; (c) violation of third-party rights or the regulations applicable to its business; or (d) use of data belonging to its own contacts, patients, or customers without the required consent or legal basis.

12. Modifications

Bongga may modify these terms at any time. Material changes will be notified at least 15 days in advance by email or within the panel; continued use of the service after that date implies acceptance of the updated terms.

13. Severability and entire agreement

If any clause of these terms is found invalid or unenforceable, the remaining clauses will continue in effect. These terms, together with the Privacy Policy, constitute the entire agreement between the customer and Bongga regarding the service.

14. Governing law and jurisdiction

These terms are governed by the laws of the Republic of Colombia. Any dispute that cannot be resolved directly will be submitted to the competent courts of the city of Bogotá D.C., with the customer waiving any other venue that might otherwise apply to it.

15. Contact

For questions about these terms: support@bongga.dev