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Dos Palomitas

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Terms of Service

Terms of use for the dospalomitas.com website and the Dos Palomitas WhatsApp satisfaction survey service.

These terms and conditions govern access to and use of the website dospalomitas.com (the "Site") and the Dos Palomitas WhatsApp satisfaction survey service (the "Service"). By using the Site or the Service you accept these terms. If you do not agree, do not use them. The Spanish version (Términos y condiciones) is the original; this English version is a faithful translation provided for convenience.

1. Who we are

Dos Palomitas is a brand of Abdul Hamid Achik Lopez, with address at Av. La Paz 2044, Int. 407, Col. Americana, C.P. 44160, Guadalajara, Jalisco, México and email hola@dospalomitas.com (hereinafter "Dos Palomitas", "we", "us").

2. Definitions

  • Client: the company that contracts the Service.
  • Recipient: the person who receives a WhatsApp survey sent on behalf of a Client.
  • Dashboard: the web application where the Client reviews results and follow-up cases.
  • Survey: the WhatsApp message, the form and the automatic thank-you message that are part of the Service.

3. Description of the Service

The Service lets a Client send, after a closed sale, a WhatsApp satisfaction survey to its own customers, applying eligibility rules configured by the Client, record the answers, open follow-up cases and review results in the Dashboard. The specific features, technical scope and price are set in the proposal or contract we sign with each Client. These terms apply in addition to it.

4. Use of the Site

You may browse the Site and write to us through the contact form. You agree not to use the Site for unlawful purposes, not to attempt to breach its security, not to submit false information or third-party information without authorization, and not to interfere with its operation. We reserve the right to block access we consider abusive.

5. Client obligations

If you contract the Service, you represent and agree that:

  1. Legal basis and consent. You have the necessary authority to process your customers' data and you hold each Recipient's consent (opt-in) to receive WhatsApp messages before sending them, and you record it in a verifiable way.
  2. Privacy notice. You have a current privacy notice that informs about the processing of data through this Service and about Dos Palomitas acting as a processor.
  3. WhatsApp policies. You comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the applicable Meta platform policies, including the rules for message templates.
  4. Proper use. You use the Service only for satisfaction surveys related to an actual purchase. You do not use it for advertising, debt collection, spam, unlawful or misleading content, or to contact people who requested to opt out.
  5. Accuracy of data. The data you provide to us or that is synchronized from your CRM is accurate and you are authorized to share it.
  6. Access security. You protect the Dashboard credentials and you are responsible for activity carried out with them.

6. Survey Recipients

Recipients can stop receiving surveys at any time by tapping "No recibir encuestas" ("Do not receive surveys") or replying BAJA. Answering a survey is always voluntary. The configured frequency rules aim to prevent the same person from receiving repeated surveys.

7. Personal data

The processing of personal data is governed by our Privacy Policy. With respect to Recipients' data, the Client is the controller and Dos Palomitas acts as processor, processing it only to provide the Service and according to the Client's instructions. For deletion requests, see Data Deletion.

8. Third-party services

The Service depends on external providers, including Meta's WhatsApp Business Platform, hosting, database and email services. Dos Palomitas is an independent provider and is not affiliated with, sponsored by or endorsed by Meta Platforms, Inc. or WhatsApp. WhatsApp and Meta are trademarks of their owners. The availability of the Service may be affected by changes, limits, costs or suspensions by those third parties, over which we have no control. Meta messaging charges, if any, are defined in the proposal or contract.

9. Intellectual property

The Site, the Service, its software, design, texts, brand and logos are owned by Dos Palomitas or its licensors and are protected by applicable law. No license is granted except the limited, revocable, non-exclusive right to use the Service while the relationship with the Client is in force. The data and answers of Recipients, as well as the content the Client provides, remain the Client's; the Client grants us the right to process them solely to provide the Service.

10. Availability and changes

We strive to keep the Site and the Service available, but we do not guarantee they will operate without interruption or errors. We may perform maintenance, changes or improvements. Changes that substantially affect a Client will be communicated with reasonable notice.

11. Limitation of liability

To the extent permitted by law, the Site is provided "as is" and Dos Palomitas will not be liable for indirect damages, lost profits, loss of data or of business opportunities arising from the use of or inability to use the Site or the Service, or for failures attributable to third-party providers, connectivity, or acts of God or force majeure. With respect to a Client, Dos Palomitas's total liability is limited to what the applicable contract establishes. Nothing in these terms limits liability that the law does not allow to be limited or consumers' non-waivable rights.

12. Suspension and termination

We may suspend or terminate access to the Service, with or without prior notice depending on severity, if these terms or Meta's policies are breached, if the security or reputation of the Service is put at risk, or if an authority requires it. The Client may terminate the Service as set out in the contract. Upon termination, the retention and deletion rules of the Privacy Policy apply.

13. Changes to these terms

We may modify these terms. The current version is published on this page with its last-updated date. Continued use of the Site or the Service after a change means you accept it.

14. Governing law and jurisdiction

These terms are governed by the laws of the United Mexican States. For their interpretation and enforcement, the parties submit to the competent courts of the address of the controller indicated in section 1, waiving any other jurisdiction that might apply.

15. Contact

For questions about these terms write to hola@dospalomitas.com. For privacy matters, write to privacidad@dospalomitas.com.