Terms of Service

These Terms govern access to and use of the ASIA platform ("ASIA", the "Service"), operated by Atlantia. By creating an account, or by using the Service, you accept them. If you do not accept them, do not use the Service.

ASIA is for business use. It is not offered to consumers. You may accept these Terms only if you are at least 18 years old and are acting on behalf of an organisation you have authority to bind. In these Terms, "you" and "Customer" mean that organisation.

Our Privacy Policy forms part of this agreement. Where you and Atlantia have signed a separate written agreement or order form, that document prevails over these Terms to the extent of any conflict.

ASIA lets you create AI sales avatars and run outreach campaigns to your own prospects, and keeps the resulting relationships in a built-in CRM. Depending on your plan and on the integrations you connect, the Service can:

• send and receive email through a mailbox you connect (Gmail or Microsoft 365) or through our delivery infrastructure;
• send and receive LinkedIn messages and invitations from an account you connect;
• send and receive WhatsApp and Telegram messages from a business number you connect;
• place automated voice calls in which an AI agent speaks, records and transcribes the conversation;
• import and synchronise records with an external CRM you connect;
• enrich prospect records and research companies from public and licensed sources.

Features evolve. We may add, change or withdraw functionality; we will not materially degrade a feature you are paying for without notice.

• You are responsible for everything done under your account, including by your users, and for keeping credentials confidential. Tell us immediately at legal@atlantia.ai if you suspect unauthorised access.
• Accounts are per person. Do not share logins. Roles and permissions exist so you can grant the right level of access instead.
• When you connect a mailbox, a LinkedIn account, a WhatsApp number or a CRM, you confirm you are entitled to connect it and to grant us the access required to operate it on your behalf. You can disconnect at any time.
• Account information you give us must be accurate and kept up to date.

By uploading, importing or generating contact data in ASIA, you represent and warrant that:

• you have a lawful basis to hold that data and to contact those people on the channels you select, and you have given them whatever privacy notice the law requires;
• you did not acquire the data in a way that prohibits this use — in particular, you did not buy or rent a list that was not collected for it, and you did not scrape it in breach of a platform's terms;
• you will honour opt-outs, unsubscribes and objections promptly, and will not attempt to circumvent the suppression mechanisms in the Service;
• where you run voice campaigns, you will give the notice or obtain the consent that recording and automated calling require in the recipient's jurisdiction;
• where you clone a voice, you own that voice or have documented permission from the person it belongs to.

You keep ownership of your data. We use it only to provide and support the Service, and to comply with the law. We do not sell it and we do not use it to train general-purpose AI models.

If a person contacts us directly about data you loaded, we will refer them to you and tell them we have done so. Answering them is your responsibility as controller.

You may not use ASIA to:

• send unsolicited bulk messages, or any message that breaches anti-spam law such as the GDPR and ePrivacy rules, CAN-SPAM, CASL or their local equivalents;
• message people from purchased, rented, scraped or otherwise unlawfully obtained lists;
• impersonate another person, business or brand, or misrepresent who is sending a message or who is speaking on a call;
• conceal that a voice call is automated where disclosure is required, or refuse a request to stop calling;
• send content that is unlawful, deceptive, defamatory, harassing, or that promotes fraud, malware or phishing;
• market regulated or prohibited goods and services where doing so is not permitted;
• circumvent rate limits, quotas or suppression lists, or operate multiple accounts to do so;
• reverse engineer the Service, resell it, or use it to build a competing product;
• upload malware, probe our infrastructure, or interfere with other customers' use of the Service.

We may investigate suspected breaches and may suspend access where the Service, our infrastructure, our channel partners' standing or third parties are at risk.

ASIA sends through other companies' networks, and their rules apply to you on top of these Terms. Nothing in the Service exempts you from them, and we cannot waive them on your behalf.

• WhatsApp. Use of the WhatsApp channel is subject to the WhatsApp Business Messaging Policy and the WhatsApp Business Terms of Service, including the requirement to have the recipient's opt-in before messaging them and to use approved templates for business-initiated conversations. Meta may restrict or disable a number for breaches, and quality ratings are Meta's decision, not ours.
• LinkedIn. Automating a LinkedIn account carries risk under LinkedIn's User Agreement, including restriction or permanent loss of the account. You connect your account with that risk understood and accepted.
• Email. Gmail and Microsoft 365 usage is subject to those providers' terms and sending limits, and to the deliverability requirements of the receiving networks.
• Voice. Automated dialling and call recording are heavily regulated. You are responsible for complying with the rules that apply where you call.

• Access is sold in plans. Each plan carries usage limits — for example on messages, contacts, users, enrichment credits or voice minutes — which are enforced by the Service.
• Fees are stated in your plan or order form and are payable in advance for the billing period. Unless stated otherwise, fees are exclusive of taxes, which you are responsible for.
• Subscriptions renew automatically for successive periods unless cancelled before the period ends. Cancelling stops the next renewal; it does not refund the current period.
• Except where the law requires otherwise, fees already paid are non-refundable.
• We may change prices for a future renewal period with reasonable prior notice.
• If payment fails, we may suspend the account after notifying you.

The Service — its software, interfaces, models, prompts, documentation and brand — belongs to Atlantia and its licensors. We grant you a non-exclusive, non-transferable, revocable right to use it during your subscription, for your own business purposes, in accordance with these Terms. Nothing else is granted.

Your data and the content you create in the Service remain yours. You grant us the licence we need to host, process and transmit it in order to provide the Service.

If you send us feedback or suggestions, we may use them without obligation to you.

ASIA drafts messages, scripts and summaries using large language models. This has consequences you should plan for:

• Output can be wrong. Generated text may contain factual errors, invented details or claims about your product that you would not make. We do not warrant that it is accurate, appropriate or compliant.
• You are the sender. Messages go out under your name, from your channels, to your prospects. Responsibility for what they say is yours.
• Review before sending. Campaigns can be configured so that a person approves messages before they are sent. We recommend it for anything with regulatory, financial or reputational exposure.
• Similar output. The same model can produce similar text for different customers. We do not grant exclusivity over generated content.

We work to keep the Service available and to fix problems promptly, and we provide support through the channels stated in your plan. We do not commit to a specific uptime level unless it is written into a separate agreement with you.

The Service depends on third-party platforms — Meta, Google, Microsoft, LinkedIn, telephony carriers, AI providers. Their outages, policy changes and enforcement decisions can interrupt features, and those are outside our control.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, lost revenue, lost business or lost data, however caused.

Each party's total aggregate liability arising out of or related to this agreement is limited to the fees paid or payable by you to Atlantia for the Service in the twelve months preceding the event giving rise to the claim.

These limits do not apply to liability that cannot be excluded by law, to your payment obligations, or to your breach of sections 4, 5 and 6. You will indemnify us against third-party claims arising from your data, your messages or your breach of those sections.

• You may stop using the Service and close your account at any time; see the Data Deletion page for how.
• We may suspend access immediately where there is a serious or repeated breach of section 5 or 6, a security or legal risk, or unpaid fees after notice. Where practical we tell you first and give you a chance to fix it.
• Either party may terminate for material breach that is not cured within 30 days of written notice.
• On termination, access ends and your data is deleted in line with the retention section of the Privacy Policy. Export what you need first: we will keep your data available for export for 30 days after termination, and after that we are under no obligation to retain it. Records we must keep for tax, accounting or security reasons are retained for as long as the law requires.

This agreement is governed by the laws of Mexico, and the courts of Mexico City have exclusive jurisdiction over any dispute arising from it, without prejudice to any mandatory right you have to bring proceedings in the courts of your own country of residence.

• Confidentiality. Each party will keep the other's non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not cover information that is already public, independently developed, or that must be disclosed by law — and where disclosure is compelled, the disclosing party will give notice where it is allowed to.
• Subcontracting. We may engage subprocessors to provide the Service. They are listed in the Privacy Policy, they are bound to equivalent obligations, and we remain responsible for their performance.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control — including outages, policy changes or enforcement actions by the third-party platforms the Service depends on. Payment obligations are not excused.
• Assignment. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of substantially all assets.
• Notices. Notices to us go to legal@atlantia.ai; notices to you go to the account owner's email address, and are effective when sent.
• Independent parties. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Survival. Sections 4, 5, 6, 8, 9, 11, 13 and this one survive termination, along with any accrued payment obligations.
• Entire agreement. These Terms, the Privacy Policy and any order form you signed are the whole agreement between us on this subject, and replace anything said before.

We may update these Terms. The date at the top shows the current version, and we will notify account owners of material changes before they take effect. Continuing to use the Service after that date means you accept the updated Terms.

If a provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it.

Questions about these Terms: legal@atlantia.ai.