Last Updated: January  1st, 2025.

 

Welcome to our platform. These Terms and Conditions (hereinafter, the “Terms”) set forth the conditions under which you (hereinafter, the “User” or “you”) may use the WhatsApp Business account (hereinafter, “WhatsApp Business” or the “Account”) connected to Make (“Make”) and managed by Constructora Virtual EIRL (hereinafter, the “Company” or “we”). By using the Account, you agree to adhere to and accept these Terms. Please read them carefully before proceeding.

 

1. ACCEPTANCE AND BINDING EFFECT

 

1.1. Acceptance of the Terms. By using this WhatsApp Business Account, you acknowledge that you have read, understood, and agree to the Terms described herein and any supplementary policies or regulations incorporated by reference, including our PRIVACY AND DATA PROTECTION POLICY.

 

1.2. Modifications. We reserve the right, at our sole discretion and at any time, to update, modify, or replace any part of these Terms. You are responsible for periodically reviewing these Terms to check for changes. Continued use of the Account after any modifications have been posted implies acceptance of those modifications.

 

1.3. Age Requirements. This Account is intended for users who are 18 years of age or older, or for those who have legal authorization from their representatives. By using the Account, you represent and warrant that you have the legal capacity to accept these Terms.

 

2. DESCRIPTION OF THE SERVICE

 

2.1. Purpose of the Service. The WhatsApp Business Account connected to Make is used as a communication channel to provide information, support, customer service, and/or any other functionality related to the services or products we offer through WhatsApp Business.

 

2.2. Use of Integration with Make.

     •           The Make platform acts as an intermediary to automate and optimize workflows, messages, and other actions tied to the WhatsApp Business Account.

     •           The User acknowledges and agrees that Make is a third-party service, independent of the Company, and is subject to its own terms and privacy policies. The Company is not responsible for the use or availability of Make.

 

2.3. Availability. We strive to ensure that the service is continuously available, but we are not liable if, for any reason, the service becomes temporarily or permanently unavailable. Any outage or interruption will be addressed as promptly as possible.

 

3. USE OF THE ACCOUNT AND USER RESPONSIBILITIES

 

3.1. Accurate Information. The User agrees to provide truthful, complete, and up-to-date information when interacting with the WhatsApp Business Account.

 

3.2. Proper Conduct.

     •           The User agrees not to use the Account for illegal purposes or in a manner contrary to these Terms, and not to send content that could be considered offensive, defamatory, discriminatory, violent, pornographic, or that infringes the rights of third parties.

     •           The Account may not be used for spam, phishing, sending viruses, or any other practices that might be deemed malicious or fraudulent.

 

3.3. Confidentiality and Security.

     •           The User is responsible for maintaining the confidentiality of the information shared through the Account, particularly personal or private data.

     •           It is strongly recommended that you do not share sensitive information (for example, banking details, passwords, or any information you do not wish to disclose) through the Account.

 

3.4. Notifications and Communications. By interacting with our WhatsApp Business Account, you agree that we may send you notifications and communications related to the service, promotions, or relevant information. If you do not wish to receive such communications, you may stop interacting with the Account or exercise your right to opt out by contacting us at contact email or unsubscribe link.

 

4. INTELLECTUAL PROPERTY

 

4.1. Ownership of Rights. All intellectual property rights in the content, trademarks, trade names, distinctive signs, logos, designs, texts, and other elements displayed through the Account are the property of the Company or its licensors.

 

4.2. Limited License. The User does not acquire any intellectual property rights by using the Account. A non-exclusive, non-transferable, and revocable license is granted to use the Account solely in accordance with these Terms.

 

4.3. Prohibitions. It is strictly prohibited to reproduce, distribute, modify, publicly display, transmit, or otherwise use the content without the express written authorization of the Company.

 

5. PERSONAL DATA PROTECTION AND PRIVACY

 

5.1. Data Processing. The processing of personal data that the User provides when using the Account will be carried out in accordance with our PRIVACY AND DATA PROTECTION POLICY, in compliance with applicable data protection regulations.

 

5.2. Purpose of Data Processing. Personal data provided will be used for the purpose of managing and maintaining communication through WhatsApp Business and the integration with Make, as well as to send you commercial or promotional information related to our services, products, and events, unless you object to such processing.

 

5.3. Data Transfers. We may need to share data with suppliers or associated third parties (including the Make platform) in order to provide the service. In such cases, we ensure that all security and confidentiality measures required by applicable regulations are in place.

 

6. LIABILITY AND LIMITATIONS

 

6.1. Disclaimer Regarding Third Parties. We are not responsible for the availability, accuracy, or reliability of services provided by third parties, including Make, WhatsApp, and Meta Platforms, Inc. (formerly Facebook, Inc.). Any use the User makes of such third-party services is at their own risk.

 

6.2. Limitation of Liability.

     •           The Company shall not be liable for damages, losses, or harm resulting from the use of the Account or the inability to use it for reasons beyond our reasonable control.

     •           The User is solely responsible for maintaining the security of their devices and the information shared through the Account.

 

6.3. Warranties.

     •           The Account is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted service, error-free functionality, or complete security.

     •           The User acknowledges that any information provided through the Account is for informational purposes only and does not constitute legal, financial, or other professional advice unless expressly stated otherwise.

 

7. TERMINATION

 

7.1. Termination by the Company. We reserve the right to suspend or immediately terminate, in whole or in part, the availability of the Account if the User breaches these Terms or if legal, regulatory, or security circumstances so require.

 

7.2. Termination by the User. The User may stop interacting with the Account at any time. However, the data collected up to that date may be retained for legitimate purposes and in accordance with our Privacy Policy.

 

8. APPLICABLE LAW AND JURISDICTION

 

8.1. Applicable Law. These Terms are governed by the laws of Dominican Republic, without regard to conflict of laws principles.

 

8.2. Jurisdiction. Any dispute arising out of or related to the interpretation, compliance, validity, or enforcement of these Terms shall be submitted to the competent courts of Santo Domingo, Dominican Republic, and the parties expressly waive any other jurisdiction that might otherwise apply.

 

9. GENERAL PROVISIONS

 

9.1. Entire Agreement. These Terms, together with the Privacy Policy and any additional terms or agreements entered into separately, constitute the entire agreement between the Company and the User regarding the WhatsApp Business Account connected to Make.

 

9.2. Severability. If any provision of these Terms is declared null or unenforceable by a competent court, the remaining provisions shall remain in full force and effect to the extent that they are not affected.

 

9.3. No Waiver. The Company’s failure to act upon any breach of these Terms does not constitute a waiver of its right to enforce any of its rights or provisions.

 

9.4. Contact. If you have any questions, inquiries, or claims regarding these Terms, you may contact us at:

     •           Email: constructoravirtual@outlook.com

     •           Phone: (809) 683-7871

     •           Address: Av. Rómulo Betancourt 559, Santo Domingo

 

By using our WhatsApp Business Account connected to Make, you confirm that you have read, understood, and accepted these Terms and agree to comply with them. If you do not agree with the content of these Terms, please do not use the WhatsApp Business Account or its features.

 

Constructora Virtual EIRL

Av. Rómulo Betancourt 559

Santo Domingo

(809) 683-7871

constructoravirtual@outlook.com

 

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