Terms of Service

01The service and acceptance of these terms

Agenty is a software-as-a-service product for businesses that sell through Instagram and WhatsApp: it brings conversations with leads together, automates replies, qualifies leads with an artificial intelligence agent and books calls with the team's closers, with an optional Google Calendar integration. It also shows the business's content posts and metrics on Instagram and TikTok and its YouTube channel analytics (TikTok and YouTube are read-only: Agenty never posts to those accounts).

By accessing the panel or using Agenty you accept these terms and the Privacy Policy, which is part of them. If you use Agenty on behalf of an organization, you represent that you are authorized to accept them on its behalf. If you do not agree, do not use the service.

02Accounts

• The organization is responsible for its account, for keeping its credentials confidential and for all activity carried out with them.
• It is also responsible for the closers and other members it invites: for making sure they use Agenty in accordance with these terms and for removing their access when it is no longer appropriate.
• Account information must be accurate and kept up to date.
• If you detect unauthorized use of your account, let us know right away at matias@the-big-wave.com.

03Acceptable use

You may not use Agenty to:

• Send spam or bulk messages to people who did not ask to receive them.
• Do anything that violates the policies of Meta, Instagram or WhatsApp (including the Meta Platform Terms and the WhatsApp Business Policy), Google's (including the Google APIs Terms of Service and the YouTube Terms of Service, which you accept when connecting a YouTube channel) or TikTok's (including the Terms of Service and the TikTok Developer Terms of Service).
• Distribute content that is illegal, misleading, discriminatory, offensive or that infringes third-party rights.
• Impersonate another person or business.
• Ask leads for sensitive data that is not needed for the sale.
• Compromise the security of the service, access other people's data, reverse engineer it or deliberately overload it.
• Resell or transfer access to Agenty without our written authorization.

04Lead consent

The organization is the controller of its leads' data. It is responsible for having their consent to contact them through WhatsApp, Instagram, email or any other channel, for honoring opt-out requests and for complying with the data protection rules that apply to it. Agenty provides the tools; the decision about whom to write to and what to send belongs to the organization.

05Third-party integrations

Agenty integrates with third-party services such as Google (Calendar, Meet and Gmail), Meta (Instagram and WhatsApp), TikTok (profile, stats and videos of the connected account, read-only), YouTube (analytics of the connected channel, read-only) and AI providers. Each integration is connected and disconnected from Agenty; disconnecting revokes the access and deletes the stored tokens. Use of those integrations is also subject to each provider's own terms and policies.

We do not control those services and we do not guarantee their availability. They may change, limit or suspend their APIs (for example, the 24-hour window to reply to messages or the approval of WhatsApp templates), which may affect Agenty features. If that happens, we may need to change or discontinue the affected feature.

06AI-generated content

Agenty's AI agent generates automatic replies that may contain errors, inaccuracies or unexpected results. The organization must review the agent's settings and instructions, supervise conversations and correct whatever is needed. What is sent on the organization's behalf is the organization's responsibility, and no important decision should be made based solely on what the AI says.

07Payments and plans

Plans, prices and payment terms are provided when contracting the service and are set out in the commercial proposal or agreement with each organization.

08Ownership

Agenty, its software and its brand belong to Big Wave AI. The data the organization uploads to or receives in Agenty belongs to the organization: it allows us to process that data only as needed to provide the service, as explained in the Privacy Policy.

09Limitation of liability

Agenty is provided “as is” and “as available”. We do our best to keep it working well and without interruptions, but we do not guarantee that it is error-free or that it will operate without interruption.

To the extent permitted by law, we are not liable for indirect damages, loss of profits, lost sales or business opportunities, or for failures of third-party services. Our total liability to the organization is limited to the amount it paid for Agenty in the three months before the event giving rise to the claim. Nothing in these terms limits rights that cannot be waived under the law.

10Suspension and termination

• We may suspend or close an account if these terms are breached, if its use puts the security of the service or of third parties at risk, or if Meta, Google or TikTok require it. Where possible, we give notice first and time to fix the issue.
• The organization may close its account at any time by writing to us at matias@the-big-wave.com.
• After closure, data is deleted as described in the Privacy Policy. Before that, the organization may ask us for a copy of its data.

11Changes to these terms

We may update these terms. We publish the current version on this page with its update date and, if the change is significant, we notify it by email with reasonable advance notice. Continuing to use Agenty after it takes effect means you accept it.

12Governing law and jurisdiction

These terms are governed by the laws of the Argentine Republic. Any dispute is submitted to the ordinary courts of the city of Córdoba, Argentina, waiving any other venue or jurisdiction, unless the law provides otherwise.

13Contact

For any question about these terms, write to us at matias@the-big-wave.com or at Adolfo Orma 1841, Cerro de las Rosas, 5009, Córdoba, Argentina.