Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nayra Tecnologies SAC ("Company," "we," "us," or "our") governing your access to and use of the Glena platform ("Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Glena is an AI CRM for small and medium-sized businesses. The Service brings together customer conversations, contacts, and leads in one workspace, with integrations to messaging channels such as WhatsApp, Instagram, TikTok, and website chat widgets.

The Service includes:

• Shared inbox for multi-channel messaging
• Contacts and lead management
• AI answer engine and agent-assisted reply suggestions
• Team workspace with organization membership and roles
• Integration with third-party platforms
• Customer support and technical assistance

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a business or organization with authority to bind that entity to these Terms
• Not be prohibited from using the Service under applicable laws
• Comply with all local, state, national, and international laws and regulations

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason at our sole discretion.

5. Subscription Plans and Payments

5.1 Pricing

The Service is offered through various subscription plans as detailed on our pricing page. Prices are subject to change with 30 days' notice to existing subscribers.

5.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due upon subscription or renewal
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees incurred
• Failure to pay may result in service suspension or termination

5.3 Free Trials

We may offer free trial periods for new users. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, and governmental charges. You are responsible for paying all such amounts.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest user data without consent
• Use the Service for illegal, fraudulent, or malicious purposes
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service without permission

7. Intellectual Property Rights

7.1 Our Rights

The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by Nayra Tecnologies SAC and protected by copyright, trademark, and other intellectual property laws.

7.2 Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.3 User Content

You retain ownership of all content you upload or transmit through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide and improve the Service.

8. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and penetration testing
• Access controls and authentication mechanisms
• Compliance with SOC 2, ISO 27001, and GDPR standards

9. Third-Party Integrations

The Service may integrate with third-party platforms and services. Your use of such integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, functionality, or practices of third-party services.

10. Service Availability and Modifications

10.1 Uptime

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service. Scheduled maintenance will be communicated in advance when possible.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modifications, suspensions, or discontinuations.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAYRA TECNOLOGIES SAC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nayra Tecnologies SAC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your User Content

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the use of the Service. This obligation survives termination of these Terms.

14. Term and Termination

14.1 Term

These Terms commence when you first access the Service and continue until terminated by either party.

14.2 Termination by You

You may terminate your account at any time through your account settings or by contacting [email protected].

14.3 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for any violation of these Terms or for any other reason.

14.4 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your account and User Content after 90 days
• You remain liable for all fees incurred prior to termination
• Provisions that by their nature should survive termination shall survive

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Peru, without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Lima, Peru, in accordance with the rules of the Lima Chamber of Commerce.

15.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nayra Tecnologies SAC regarding the Service.

16.2 Amendments

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service failures.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.