Terms of service

1. Who we are

Trato is a service provided by Servicios Informáticos E-brain SpA, tax ID (RUT) 76.834.222-3, with its registered address at Av. Bosques de Montemar #30, Viña del Mar, Valparaíso, Chile (“Trato” or “we”). These terms govern the use of Trato by companies, organizations and professionals (“the company” or “you”).

By creating an account, purchasing a plan or using the service, you accept these terms on behalf of the company and confirm that you are authorized to do so.

2. The service

Trato is a messaging platform that lets companies serve their customers (“end customers”) on their own channel: a chat link, a QR code, a website widget, a WordPress plugin and the Trato app. The company works from a web console shared by its team.

The features of each plan are described on the pricing page. Features marked “coming soon” are not part of the purchased service until they become available. We may improve, change or remove features; if a change significantly reduces the purchased service, we'll give you reasonable advance notice.

3. Account and team

To use Trato, you must register the company with accurate information and keep it up to date. The person who creates the account becomes an administrator and can invite other agents.

The company is responsible for everyone who accesses its accounts, for keeping its access secure (passwords, the Google, Facebook or TikTok accounts its team signs in with, and API keys), and for notifying us promptly at contacto@grupodtg.com if it detects unauthorized access.

4. Plans, prices and payments

• Plans are monthly, and prices are in US dollars (USD). Companies billed in Chile are charged in Chilean pesos (CLP) at the day's exchange rate, plus VAT (19%); no taxes are added in other countries.
• Each payment activates the plan for one month, and we email you the receipt.
• There is no commitment: you can change plans or cancel anytime. Going back to the Free plan takes effect immediately.
• Unless applicable law provides otherwise, amounts paid are not refunded for partial periods.
• If we change prices, we'll notify you at least 30 days in advance; the new price applies from the next period.
• The Enterprise plan is also governed by the terms of its contract.

5. Conversations and quotas

• Trato charges per conversation, whether the end customer or the company starts it. Within a conversation, messages are unlimited.
• A conversation opens with the first message from the end customer or the company (a team member, an API key or an integration) when there is no active conversation with that end customer. Internal notes and the assistant's automatic messages don't open conversations.
• Each conversation lasts the number of days set by the company's plan (see the pricing page), counted from that first message. The term is fixed: it isn't extended by later messages. Once the term ends, the next message from the end customer or the company opens a new conversation.
• The company may only open a conversation with an end customer who agreed to receive its notices or, in the case of a promotion, who has its promotions turned on.
• Each plan includes a monthly quota of new conversations. Each conversation is counted only once, when it opens.
• The company may purchase additional conversations in packs of 1,000, at the price published for its plan on the pricing page, in the same currency and with the same taxes as the plans. It may purchase one or more packs, at different times.
• Each pack is credited once its payment is confirmed and is valid for 30 days from the time it is credited, even if that term continues into the next period. Any balance not used within that term expires.
• Each conversation is deducted first from the valid packs, starting with the one that expires soonest, and then from the plan's quota.
• When both the plan's quota and the packs are used up, on every plan everything new is paused until the company purchases a new pack or the next period begins.
• During the pause, if an end customer opens a conversation, their message reaches the company's inbox, but neither its team, nor its API keys, nor its integrations can reply to it; the AI Agent doesn't reply to it and it isn't sent to Zoho Desk. The assistant keeps sending the welcome message, the options and the out-of-hours message.
• During the pause, the company also can't open new conversations, and its broadcasts are paused.
• When a pack is credited or the next period begins, paused conversations that are still within their term are charged in order, starting with the oldest, and the company can reply to them; paused broadcasts resume.
• We never cut off a conversation that has already been charged because a quota was reached: it continues as usual until its term ends.
• We email the company's admins when it has used 80% of the plan's quota and when both the quota and the packs are used up.
• Under the same rules, the company may purchase additional AI credits in packs of 1,000, at the price published for its plan, which are used before the plan's AI credits. When both the plan's AI credits and those packs are used up, AI features stop until the company purchases a new pack or the next period begins; the company's team can keep serving customers as usual. AI credit packs cannot be used as conversation packs, or vice versa.
• The number of agents, AI credits and broadcasts depend on the plan.

6. Acceptable use

The company agrees to use Trato lawfully and respectfully toward its end customers. In particular, it may not:

• send unsolicited messages, open conversations with notices to people who have not agreed to receive them, send promotions to people who turned them off, or ignore an opt-out request;
• ask in chat for passwords, card details or other login or payment details, or impersonate another company or person;
• send illegal, misleading or offensive content, or content that infringes third-party rights;
• attempt to breach Trato's security, overload it or access other companies' data.

End customers can block or report a company. In response to a report or misuse, we may investigate, limit features or suspend the account, and we'll let you know unless the law prevents us from doing so.

7. End-customer data

Conversations between the company and its end customers (messages, files, voice messages, consents, campaign context and internal notes) are the company's data: it decides why and how it uses them and is the data controller. Trato processes that data on the company's behalf, as a data processor, only to provide the service and according to its instructions.

The end customer's Trato account (their name, @nickname and verified email) is different: Trato is the controller of that data, as explained in the Privacy policy. The company sees what the end customer chooses to share.

The company must have a legal basis for processing its conversation data, inform its end customers and obtain their consent where required, for example to send them notices. The conditions of this processing are set out in the Privacy policy and in the Data processing agreement, which is part of these terms.

Trato doesn't ask for sensitive data, such as health data. If the company asks for it or receives it in its conversations (for example, a clinic), it must have its own terms and privacy notice with its end customers, stating what data it asks them for and why, and the legal basis to process it.

End customers decide on each company's promotions: promotions start on when the end customer starts a conversation with the company (Trato lets them know in the conversation), and they can turn them off or back on anytime. Accordingly, the company:

• sends promotions only as promotional broadcasts, which Trato delivers only to people who have promotions turned on and which always end with the opt-out line; it may not send them as notices or in any other way to reach people who turned them off;
• can turn promotions off when an end customer asks, but can never turn them on: only the end customer can;
• must honor every opt-out, whether through the switch, by replying STOP, BAJA or SAIR, or by asking the company;
• is responsible for the content of its promotions and for complying with the commercial communications rules that apply to it.

To handle requests from its end customers, such as access or deletion requests, an admin of the company can download a full copy of its data from the console and delete a contact along with its entire history.

8. Your content and our intellectual property

The messages, files, knowledge base and other content that the company and its end customers upload to Trato belong to them. You grant us a limited permission to host, process and display it only as needed to provide the service.

Trato, its software, brand and designs belong to Servicios Informáticos E-brain SpA. These terms don't transfer any rights in them to you, other than the right to use the purchased service.

9. AI Agent

The AI Agent suggests replies based on the company's knowledge base and the context of the conversation, and a team member reviews them before sending. If the company turns on automatic answers, the AI Agent also replies without prior review, only when its certainty is 95% or more and the answer is backed by the knowledge base; the end customer sees those answers as coming from the AI assistant. Before answering automatically, it waits until the end customer finishes writing: if they send their question in several messages in a row, it answers once, taking all of those messages into account. The company is responsible for the content of its knowledge base and for what is sent on its behalf, including automatic answers. AI suggestions and answers may contain errors. Using the AI Agent consumes the plan's AI credits; an automatic answer to a question sent in several messages uses a single credit.

10. API and integrations

The REST API, webhooks and API keys let the company integrate Trato with its systems. Keys are confidential and the company is responsible for their use; it chooses what each key can do and can revoke them at any time from the console. We may apply usage limits to protect the service.

With the MCP server, the company can run Trato from artificial intelligence tools it chooses, such as Claude or ChatGPT. An admin of the company turns it on. When using it, the company sends those tools data from its conversations (messages, and its end customers' names and emails): it chooses that provider under its own terms and is responsible for sending that data. Whatever the tool does in Trato is recorded under the key it used.

11. Availability and support

We work to keep Trato continuously available, but there may be interruptions due to maintenance, failures or causes beyond our control. Unless an Enterprise plan contract says otherwise, we don't offer a guaranteed service level.

12. Liability

We provide Trato “as is,” to the extent permitted by law. We are not liable for indirect damages or lost profits. Our total liability to the company for any claim is limited to the amount it paid for the service in the 12 months before the event giving rise to the claim. Nothing here limits rights that cannot be waived under law.

13. Suspension and termination

You can cancel your plan or close your account anytime. We may suspend or close an account that seriously or repeatedly breaches these terms. If you cancel a paid plan, the account moves to the Free plan when the paid period ends. If we can't charge the renewal, after the retries the account is suspended for non-payment: end customers can keep writing, but the team can only reply to the conversations that were open before the suspension. If the payment isn't settled within 30 days, the account moves to the Free plan, with its limits: the longest-standing admins the plan allows stay on the team and the other people are deactivated until a plan is bought. Everything goes back to normal once it's paid or the Free plan is chosen.

To close the account, an admin requests it in Settings → Security and confirms with their password or, if they sign in with Google, Facebook or TikTok, with a code we email them. If you can't sign in to the console, write to us at contacto@grupodtg.com.

• From that moment, your customers can no longer message you through Trato, and your plan stops renewing.
• For 30 days, your team can still sign in to the console to download a copy of your data or cancel the closure. We email you when you request the closure, 7 days before the deletion and when it's complete.
• On day 30, we delete the account and everything in it: conversations, contacts, files and the accounts of team members who don't belong to another company. We only keep payment receipts for the period required by tax law.

14. Changes to these terms

We may update these terms. If a change is significant, we'll notify you by email or in the console before it takes effect. When we publish a new version, the console asks an administrator of the company to review and accept it; the acceptance is recorded with who accepted, the date and time, the IP address, the browser, the version and a fingerprint of the accepted text, and every administrator receives by email a PDF record with the full text. That record is the proof of the company's acceptance. If you keep using Trato after the effective date, you also accept the new version. End customers have their own Terms of use for customers, which the chat and the app ask them to accept with each new version.

15. Governing law and contact

These terms are governed by the laws of Chile. Any dispute will be submitted to the competent courts of Viña del Mar, Chile. If you have questions, write to us at contacto@grupodtg.com.