Terms and Conditions

By accessing and using the WITHMIA platform (hereinafter, the "Service"), operated by MIA Marketing & Intelligence Artificial SpA, RUT 78.199.687-4 (hereinafter, "WITHMIA", "we" or "the Company"), with registered address at Antonio Bellet 193, Of. 1210, Providencia, Santiago, Chile, you agree to comply with and be bound by these Terms and Conditions (hereinafter, the "Terms").

If you do not agree with any part of these Terms, you must not access or use the Service. Continued use of the Service constitutes acceptance of any modification to these Terms.

WITHMIA is an omnichannel communication platform that allows companies to manage conversations with their customers across multiple messaging channels, including WhatsApp Business API, Instagram, Facebook Messenger, email and web chat. The Service includes, among other features:

• Unified management of multichannel conversations
• Customizable artificial intelligence assistants
• Knowledge base with RAG (Retrieval-Augmented Generation) technology
• Automation of workflows and responses
• Web scheduling system with Google Calendar and Google Meet integration
• Sales module with pipeline, leads and quotes
• Product catalog with connectors (WooCommerce, Shopify, MercadoLibre, the customer's own API or database) and payment link generation
• Installable web app (PWA) for use on mobile devices
• Analytics and reporting tools
• Team management and conversation assignment

To use the Service, you must create an account providing truthful, complete and up-to-date information. You are responsible for:

• Keeping your access credentials confidential
• All activities that occur under your account
• Immediately reporting any unauthorized use of your account
• Ensuring that your account information is accurate and up to date

WITHMIA reserves the right to suspend or terminate accounts that breach these Terms or that show suspicious activity.

The Service is available in different plans with varying levels of functionality and pricing. By subscribing to a paid plan, you agree:

• To pay the fees corresponding to the plan selected. Reference prices are expressed in Chilean pesos (CLP) and, where available, are displayed and charged in your local currency (CLP, USD, EUR, GBP, MXN or BRL) based on your country. The current price list is published at withmia.com/precios
• That all published prices include VAT (19%) in accordance with the tax legislation in force in Chile
• That billing will be carried out monthly or annually according to the option chosen
• That the annual plan is charged as a single upfront payment for the full 12-month period
• That prices may be modified with 30 days' prior notice
• That payments made are non-refundable, except as provided in the cancellation section or as established by Law No. 19.496
• That the subscription renews automatically at the end of each period (monthly or annual), with a recurring charge to the registered payment method, until you cancel it from the settings panel; cancellation takes effect for the following period
• That contracted add-ons are billed in addition to the plan: additional member ($9,990 CLP/month or $99,900 CLP/year) and a pack of 1,000 extra AI messages ($5,990 CLP), reference amounts for Chile or their equivalent in your currency
• That if you keep usage enabled beyond your plan's AI message limit, the message packs consumed are charged automatically; the Service displays notices when you reach 80% and 100% of the limit
• That for each charge an electronic receipt —or an electronic invoice if you previously registered your complete billing details (RUT, legal name, business activity and address)— is issued before the Chilean Internal Revenue Service (SII), delivered in virtual form to the account's email address and available for download in the "Plans and billing" section of the platform, a delivery method you accept in accordance with SII regulations
• That the billing details you register must be truthful and kept up to date. You are responsible for errors in tax documents arising from incorrect data; switching from receipt to invoice applies to future charges, and documents already issued can only be corrected through the mechanisms provided by SII regulations (e.g., a credit note)

Payments are processed securely, based on your country and currency, through one of these three PCI-DSS certified payment processors: Flow.cl for customers in Chile (CLP), Paddle (Paddle.com Market Ltd, United Kingdom) for international payments and dLocal for international payments in Latin America. When payment is processed through Paddle, it acts as Merchant of Record (authorized reseller): the purchase transaction is entered into with Paddle, which issues the corresponding receipt, and you are additionally subject to its buyer terms. WITHMIA does not store card data or sensitive financial information; these are handled exclusively by the corresponding payment processor in accordance with its own terms of service and security policies.

The Service is offered in the plans Inicial (1 user, entry-level plan, with a 14-day free trial with no credit card), Pro (1 user), Team (3 users included) and Max (5 users included). The Inicial plan costs $9,990 CLP/month (or $99,990 CLP/year, VAT included), or the equivalent in your currency, and should not be confused with the add-on called additional member, which also costs $9,990 CLP/month (or $99,900 CLP/year, VAT included): the Inicial plan is the entry-level subscription for a single user, whereas an additional member is an extra seat for the team that is billed separately, on top of any plan and beyond the users already included.

In accordance with Law No. 19.496 on the Protection of Consumer Rights, users acting as end consumers may exercise the right of withdrawal within 10 days following the contracting of the service, provided the Service has not been used substantially during that period.

You undertake to use the Service lawfully and in accordance with these Terms. The following is expressly prohibited:

• Sending unsolicited messages (spam) or mass advertising content without consent
• Distributing illegal, defamatory or obscene content, or content that infringes third-party rights
• Attempting to access WITHMIA's systems or data, or those of other users, without authorization
• Using the Service for fraudulent or deceptive activities
• Violating the usage policies of the integrated messaging channels (WhatsApp, Meta, etc.)
• Reverse engineering, decompiling or attempting to extract the Service's source code
• Intentionally overloading the Service's infrastructure
• Presenting AI-generated responses as professional advice (legal, medical, financial) without adequate human supervision
• Using the AI assistants to impersonate real people or to deliberately mislead end users about the automated nature of the responses

All content, design, source code, trademarks, logos, documentation and materials of the Service are the exclusive property of MIA Marketing & Intelligence Artificial SpA or its licensors, and are protected by Chilean intellectual property laws and applicable international treaties.

You retain all rights over the data and content you upload or transmit through the Service. By using WITHMIA, you grant a limited, non-exclusive license to process such data for the sole purpose of providing the Service.

Content generated by WITHMIA's artificial intelligence assistants (responses, summaries, suggestions) is considered an assistance tool. The user is responsible for reviewing, validating and approving any AI-generated content before using or distributing it.

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. WITHMIA undertakes to:

• Comply with Law No. 19.628 on the Protection of Private Life and Law No. 21.719 on the Protection of Personal Data (in force since December 2026)
• Implement appropriate technical and organizational security measures
• Not share personal data with third parties without consent, except where legally required
• Encrypt communications using TLS 1.3
• Allow users to exercise their rights of access, rectification, deletion and data portability
• Process the web scheduling system's data (name, email, company, reason) exclusively to create Google Calendar events and send confirmations

WITHMIA strives to maintain high availability of the Service and continuously monitors the status of its components. Without prejudice to the rights granted to consumers by law, the Service is provided without any guarantee of uninterrupted availability. Scheduled maintenance windows will be notified with reasonable advance notice and will not be considered downtime.

The Service integrates with third-party platforms and services, including WhatsApp, Instagram and Facebook Messenger (Meta), Google Calendar and Google Meet (Google), Outlook (Microsoft), and product catalog connectors (WooCommerce, Shopify and MercadoLibre). The Service also allows you to connect your own catalog or inventory as a data source, through a REST API or database provided and managed by the user.

• By using an integration, you accept the terms and policies of the corresponding provider (Meta, Google, Microsoft, etc.)
• You are responsible for holding the necessary authorizations over the accounts and systems you connect to the Service
• WITHMIA does not currently offer a public API for third parties to build integrations on top of the platform
• Scraping, reverse engineering and any form of access to or automation of the Service not expressly provided by WITHMIA are prohibited

WITHMIA incorporates artificial intelligence models to provide conversational assistants, automatic response generation, summaries and conversation analysis. By using these features, you acknowledge and accept that:

• No guarantee of accuracy: AI-generated responses are approximations based on language models and may contain errors, inaccuracies or outdated information. They do not constitute professional advice of any kind
• Human supervision: The user is responsible for supervising, reviewing and validating the content generated by the AI assistants before it is delivered to end customers
• Knowledge base (RAG): The documents you upload to the knowledge base are processed to generate contextualized responses. You are responsible for the truthfulness and legality of the content uploaded
• AI providers: WITHMIA uses artificial intelligence services from Anthropic (Claude models, on the Pro, Team and Max plans) and OpenAI (language model for the Inicial plan and embedding generation) for natural language processing. Data sent to these providers is subject to data processing agreements (DPAs) and is not used to train third-party models
• Continuous improvement: WITHMIA may use anonymized and aggregated data to improve the quality of its own models and algorithms, without revealing identifiable information about users or their customers
• Limitations: WITHMIA does not guarantee uninterrupted availability of the AI services, as these depend on external providers. In the event of downtime, non-AI features will remain operational

To the maximum extent permitted by applicable Chilean law, WITHMIA will not be liable for:

• Indirect, incidental, special or consequential damages
• Loss of profits, data, use or goodwill
• Service interruptions caused by third parties or force majeure
• Content transmitted by users through the Service
• Failures in third-party messaging platforms (WhatsApp, Meta, etc.)
• Errors, inaccuracies or consequences arising from artificial intelligence-generated content
• Unavailability of integrated third-party services (Google Calendar, Outlook, OpenAI, Anthropic, etc.)

WITHMIA's total aggregate liability will not exceed the amount paid by the user during the last 12 months.

You may cancel your account at any time from the Service's settings panel. Upon cancellation:

• Access will remain until the end of the current billing period
• At the end of the period —or when the 14-day free trial ends without a payment being registered— the AI assistant is paused and stops replying, without this implying the deletion of your account or your information
• Your data and settings will be retained for an additional 30 days to allow their export and the possible reactivation of the Service; you may reactivate it at any time during that period by resuming a paid plan
• Once the retention period has elapsed, the data will be permanently deleted, with one exception: receipts and tax documents already issued and their billing data are retained for 6 years in accordance with the Chilean Tax Code, with processing limited to archiving and legal compliance purposes, as detailed in the Privacy Policy

WITHMIA may suspend or terminate your account immediately in the event of a breach of these Terms, fraudulent activity or use that jeopardizes the security of the Service.

WITHMIA reserves the right to modify these Terms at any time. Modifications will take effect once published on the Service. Registered users will be notified by email at least 15 days in advance of substantial changes.

Continued use of the Service after the modifications take effect constitutes acceptance of the new Terms.

These Terms will be governed by and interpreted in accordance with the laws of the Republic of Chile, including but not limited to:

• Law No. 19.628: On the Protection of Private Life
• Law No. 21.719: On the Protection of Personal Data (in force since December 2026)
• Law No. 19.496: On the Protection of Consumer Rights
• Law No. 17.336: On Intellectual Property

Any dispute arising from these Terms or from use of the Service will be submitted to the jurisdiction of the ordinary courts of Santiago, Chile, with the parties waiving any other venue that may correspond to them.

Nothing in these Terms limits or excludes the non-waivable rights you may have as a consumer under the laws of your country of residence (including the European Union). Likewise, when the purchase is processed through Paddle as Merchant of Record, the purchase transaction is additionally governed by Paddle's buyer terms.

• Assignment: You may not assign or transfer your rights or obligations under these Terms without WITHMIA's prior written consent.
• Severability: If any provision of these Terms is declared void or unenforceable, the remaining provisions will remain in full force and effect.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the use of the Service.
• Waiver: WITHMIA's failure to exercise any right will not constitute a waiver of that right.
• Force majeure: Neither party will be liable for failure to perform its obligations caused by events of force majeure, acts of God or other circumstances beyond its reasonable control.

For questions about these Terms and Conditions, you can contact us through: