Terms and Conditions

These terms and conditions regulate the contractual relationship between users (hereinafter "Users"), with TITANPush S.A.S. (hereinafter “TITANPush”) CUIT 30-71601141-7 with legal address at Lavalleja 21 6A, Cdad. Autónoma de Buenos Aires, Argentina (together with the Users, the “Parties”). Users will be subject to the respective General Terms and Conditions, along with all other policies and principles that TITANPush rules and that are incorporated herein by reference.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE.

The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies. If the User does not agree with these Terms and Conditions, they must refrain from using the Services.

1. Description of Services

TITANPush provides a web platform (hereinafter the "Site") which can be used as an intelligent data processor and omni-channel manager through which Users will have access to different functionalities such as:

• Dashboard
• Audiences: Behavior, Clients.
• AI Studio: Copilot, Themed campaigns.
• Engagement: Conversations.
• Activation: WhatsApp, Ads, Push notifications, AI Visibility, Linkpage.
• On-site: Promotions, Banners, Pop-ups, Highlights, History, Most popular, AI Recommendations.

Dynamic and Non-Exhaustive Nature of the Services: The User acknowledges and accepts that the Services and functionalities provided by TITANPush are technological and dynamic in nature, and are subject to evolution, improvement, update, modification, or discontinuation by TITANPush in order to optimize the platform. Accordingly, the list of functionalities and modules detailed in this section and in any other section of these Terms and Conditions is provided for illustrative purposes only and is not exhaustive or definitive. TITANPush reserves the right to modify, suspend, replace, or withdraw any tool, module, or functionality at any time, without this giving rise to any claim or indemnification beyond what is set forth in Clause 9.3 (Limitation of Liability for the Services). Material changes to commercial conditions will be governed by the notification process set out below.

Likewise, based on the aforementioned and as a consequence thereof, Users may also inform themselves regarding the behavior of Visitors according to the parameters they intend to establish and/or analyze based on their own services (hereinafter and collectively, the “Services”).

Limitation of Results: TITANPush provides real-time traffic, sales, and conversion metrics for informational purposes. The User acknowledges and accepts that, although automatic diagnostics and recommendations seek to improve business performance, TITANPush does not guarantee specific commercial results (e.g., an exact percentage increase in sales) derived from the implementation of such recommendations.

Specific Definitions:

• AI Services: Refers to analysis tools, visibility diagnostics, content generation (AI Studio), and automatic recommendations based on natural language processing and machine learning models. The User is solely responsible for the approval and supervision of the content generated by these tools.
• Third-Party Channels: Includes, but is not limited to, WhatsApp, Instagram, Facebook, and other messaging or social media services integrated into the platform. The use of these channels is subject to the terms and conditions of their respective providers.

TITANPush may modify these Terms and Conditions at any time, notifying Users in advance. Notification may be carried out in the manner TITANPush deems most convenient, such as publishing the new version on the Website and/or sending an email to Users.

2. Scope of Services

2.1. TITANPush will provide Users with access to the Site to create and manage messages and/or advertising campaigns directly and indirectly, through, for example: Dashboard; Audiences: Behavior, Clients; AI Studio: Copilot, Themed campaigns; Engagement: Conversations, Templates; Activation: WhatsApp, Ads, Push notifications, AI Visibility, Linkpage; On-site: Promotions, Banners, Pop-ups, Highlights, History, Most popular, AI Recommendations; and various means of communication and, as a consequence thereof, it may, in accordance with the User's choices, perform analysis regarding the behavior of visitors to the User's site under the purposes indicated by the User.

2.2. The following websites may not use the Services: (i) websites for illicit and/or lawful purposes contrary to morality and good customs, in violation of the provisions of these Terms and Conditions; (ii) websites with pornographic, sexually explicit, violent content, intended for spam, viruses or codes of a destructive nature, among others; (iii) websites that violate the laws of their jurisdiction, including copyright and trademark laws. If TITANPush detects that the User or the User's services have any of these purposes, TITANPush has the right to delete the User's Account, as defined below, without the need for notification and without generating the right to any claim by the User.

3. Registration

3.1. To access the contents of the Site, the User's registration will not be necessary. Notwithstanding this, to access the Services provided by TITANPush, the User may choose to (i) link their Facebook or Google or LinkedIn account, in which case they must accept the Terms and Conditions and Privacy Policies of those together with the acceptance of these Terms and Conditions; (ii) or they can register in the TITANPush system, entering all the fields of the registration form (hereinafter, the "Registration Form") with valid data and verify that the information made available to TITANPush is accurate, precise and true (hereinafter, the "Personal Data") where you must accept these Terms and Conditions. TITANPush may use various means to identify Users, but TITANPush is not responsible for the accuracy of the Personal Data that its Users make available to it. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data made available to TITANPush.

3.2. Likewise, to use the Services, Users must be over 18 years of age and register at www.titanpush.com. Accounts registered by "bots" or other automated methods are not allowed.

3.3. To register, the User agrees to provide the following information through the Registration Form: (i) name, (ii) a valid email address, (iii) Telephone/WhatsApp (iv) Website for which the User wishes to contract the Service; and any other information requested to complete the registration process (hereinafter, the "Account").

3.4. To acquire the status of TITANPush User, the User must complete the Registration Form or link their Facebook, Google or LinkedIn account, accept the Privacy Policy, and these Terms and Conditions.

3.5. The Account is personal, unique, and non-transferable, and it is forbidden for the same User to register or have more than one Account. If TITANPush detects different Accounts that contain matching or related data, it may cancel, suspend or disable all Accounts that contain such matching and related data.

3.6. TITANPush reserves the right to request some proof and/or additional data to corroborate the Personal Data, and to temporarily and/or permanently suspend the Services to that User whose data could not be confirmed. TITANPush is not responsible for the accuracy of the data entered in the Registration Form. The Personal Data that the User provides will be integrated into a personal database for which TITANPush is responsible. For more information consult the Privacy policy.

3.7. The User will be responsible for all the operations carried out in their Account, since access to it is restricted by entering their security code, which must be exclusively known to the User. The User agrees to notify TITANPush immediately and by suitable and reliable means, of any unauthorized use of their Account, as well as any entry by unauthorized third parties. It is clarified that the sale, ceding or transfer of the Account is prohibited. The User will be responsible for maintaining confidentiality and any security measures available to them in relation to the Account data. TITANPush will not be responsible for the adulteration of the User's Account when it is the exclusive fault of the User.

4. Trial period

4.1. Users will have the possibility to use the Professional Plan for free for a 30-day trial period from the creation of the account on TITANPush.

4.2. Upon completion of the 30-day free trial period, the user will have the option to subscribe to any of the available paid plans, according to their preference and based on the number of registered users on their website during a 30-day period.

• i. Internacional: https://www.titanpush.com/es/planes
• ii. Argentina: https://www.titanpush.com.ar/es/planes
• iii. Brazil: https://www.titanpush.com.br/pt/precos
• iv. Mexico: https://www.titanpush.com.mx/es/planes

Once the free trial period ends, and until the User subscribes to and pays for a plan, their access to the Services and functionalities of the Site will be automatically suspended.

If, after five (5) consecutive days from such suspension, the User has not subscribed to a paid plan, TITANPush will have the right to permanently deactivate or delete the User’s Account.

4.3. The User agrees to comply with all the obligations established in these Terms and Conditions during the trial period. There is no difference between the User who uses the functionalities available during the trial period and the User who makes the corresponding payment for the Services.

4.4. By virtue of what is established in section 4.3, the obligations and responsibilities and limitations established in these Terms and Conditions are fully applicable to the User who is using the Services and functionalities offered by TITANPush. Consequently, the User knows and accepts that when using the Services and functionalities offered by TITANPush, they do so at their own risk, being completely responsible for errors derived from misuse or errors in the use of the services or functionalities. Likewise, the User knows and accepts that TITANPush will not be responsible for any damage caused by the use of the Services provided by those third parties that offer the Services through their own platforms, these being responsible in accordance with their own terms and conditions. In no case will TITANPush be responsible for lost profits, or for any other damage and/or loss that the User may have suffered, due to the Services provided.

5. User information

To offer the functionality of segmentation by "browsing behavior" and for advertising purposes, TITANPush saves information about the navigation of site visitors. By accepting the Terms and Conditions, you agree that we save these browsing parameters. The data collected is anonymous and does identify the Visitors unless they are explicitly incorporated by the User. For this reason, we suggest not incorporating any personally identifiable information in custom dimensions. For more information consult the Privacy policy.

6. User obligations and responsibilities

6.1. TITANPush only makes a Site available to Users to provide the Service in accordance with the provisions of these Terms and Conditions. TITANPush is simply limited to offering a tool so that Users can use various functionalities that allow communication as described in these Terms and Conditions, being able to analyze the browsing behavior of Visitors to improve commercial and promotional initiatives by the Users. Likewise, TITANPush may display advertising or promotions, banners of interest, news about Users and/or TITANPush, improve the Services, personalize its contents and presentations, promote, and enforce the Site's security rules.

6.2. The User knows and accepts that when using any of the Services or functionalities offered by TITANPush, they do so at their own risk. Consequently, the User understands that they are completely responsible for any possible damage caused by the use of the Service, especially when said damage was caused by the negligent and reckless act of the User. In no case will TITANPush be responsible for lost profits, or for any other damage and/or loss that the User may have suffered, due to the Services provided.

6.3. The User agrees to use the Services in accordance with the applicable law, these Terms and Conditions, the Privacy Policy, as well as with morality and good customs and public order. Likewise, the User undertakes to be responsible for their use of the Service for all conduct that could cause damage to themselves or third parties and result from an intentional, negligent and/or reckless act by the User.

6.4. The User agrees to provide true, accurate, correct, updated and complete information regarding the use of the Services.

6.5. Likewise, the User is responsible for compliance with all relevant copyright, trademark, trade secret and/or design rights and patent laws that protect the images and information submitted, published, or displayed by the User. In line with the foregoing, the User is responsible for any content incorporated using the Services.

6.6. Users agree to keep their data updated and complete, so that they continue to be true and complete. If the User provides information that is false, incorrect, outdated or incomplete, or TITANPush has a reasonable basis to suspect that said information is false, incorrect, outdated or incomplete, TITANPush has the right to suspend or terminate the Services for said User, as well as to reject any new or future use of the Services by said User.

6.7. Users agree not to use the Services or the materials for illegal purposes or to carry out any illegal activity, including, but not limited to, fraud, embezzlement, money laundering. Furthermore, Users agree not to use the Services or materials if located in a country where such use is prohibited by applicable law.

6.8. TITANPush is not liable under any circumstances, to the User or to the third parties, for the use of the functionality that allows the realization of Promotions. Consequently, the User is solely responsible for the activation or deactivation of the promotions that are activated in their Account. The User will respond directly to third parties for the promotions carried out and must act with due diligence when configuring the promotions, since they are considered binding for those who acquire their products and/or services. The User is fully responsible for controlling the promotion from their administration panel.

6.9 The user is responsible and is aware that the Combined Promotions module by TITANPush is an application that works from the Tiendanube administrator and that they must pay for the service in full if they continue using this module after 14 days of free trial.

6.10 In case an account has a due payment, the company reserves the right to display an 'upgrade onsite' notice on the owner's e-commerce store website. The store owner accepts this action upon creating the account and acknowledges that it is their responsibility to keep payments up to date to avoid the appearance of such notice.

7. Price and method of payment

7.1. Users may opt for different Service plans (hereinafter, the "Plans" or the "Plan"), as established on the TITANPush website. The fees mentioned in the Plans are assigned to the User based on the Plan they select and their quantity of unique users over a 30-day period on their website; based on this, several price ranges will be made available to suit each User's case. These fees include taxes, levies or fees imposed by the tax authorities. TITANPush reserves the right to change, modify, add, or delete the amounts mentioned from time to time, at its own discretion and new versions of the Service plans will be notified by posting on the Site and notified by the contact channels that the User enables and declares where appropriate.

7.2. To select a Plan, the User must be registered or register and provide the corresponding payment information, which will be requested in a timely manner.

7.3. TITANPush will bill the contracted Service in advance on a monthly, semi-annual, or annual basis, in all cases being non-refundable if the user wishes to cancel.

7.4. The User must pay the Plan according to the amounts, terms and forms detailed on the Site. The lack of compliance with the payment obligations assumed by the Users will grant TITANPush the power to permanently suspend or cancel the Service without generating any right to claim in favor of the User.

7.4 bis. For accounts that opt for the "Enterprise" plan and make payment via bank transfer, it is established that once the invoice is issued, the payment term will be 15 consecutive days. After this period, the invoice will be considered overdue, and the corresponding claim will be made by the administrative team. If payment is not made after 30 consecutive days from the issuance of the invoice, the associated account will be automatically suspended, without prior notice, until the pending payment is made. The company reserves the right of admission and may deny access to its services or products to anyone who does not meet the requirements established by the company.

7.5. TITANPush also reserves the right to take the judicial and extrajudicial measures it deems pertinent in cases where debts are registered by the Users.

7.6. In the case of payment by credit card, the holder of the credit card is responsible for the data recorded at the time of the request and/or reservation of the selected Service and is the only one obliged to pay the issuer of same card. Any disavowal must be to the issuing Bank of the credit card in accordance with the provisions of Credit Card Law No. 25,065.

7.7. When Users change Plan categories during a monthly billing cycle, whether due to an increase in the number of their unique users on the site over a 30-day period, inflation adjustments, or by company decision, the new Plan will be automatically charged in their next billing cycle.

8. Subscriptions and cancellations of the service

8.1. The contracting of the Services by the Users will be for an indefinite period, the Users may terminate the Services without cause, following the cancellation procedures established on the Site. For TITANPush to delete the data of the canceled Account, the User must contact the email info@titanpush.com

8.2. Your subscription begins as soon as the initial payment is processed. It will be automatically renewed every month and the rate in force at that time for your plan will be charged, until you cancel it directly or formally request cancellation.

8.3. The cancellation of the Service is the exclusive responsibility of the account User, unless the cancellation, suspension or disabling of the Service is derived from a breach of these Terms and Conditions. In the latter case, TITANPush, may terminate the Services to Users, at any time, without any penalty, without obligation of reimbursement and without prior notice.

8.4. The User may cancel the subscription from the operator's account (e.g., PayPal, Mercado Pago, etc.), from the TITANPush platform, or it can be requested from a TITANPush advisor through our general email: info@titanpush.com. Likewise, the User may log in to the TITANPush account and deactivate the functionalities.

8.5. TITANPush may terminate the Services to Users, at any time, without any penalty, without obligation of reimbursement and without prior notice, if it does not comply with any of the points established in these Terms and Conditions, or if TITANPush makes the unilateral decision of not continuing to provide said Service.

8.6. The notice of termination of Services by TITANPush may be sent to the contact email associated with the User's Account.

8.7. In any case of cancellation of the Service, whether due to breach by the User or termination by TITANPush, the User will be solely responsible for removing the script tracking code from their website immediately. In the event of maintaining the code on its website, the User will be responsible for all the costs and eventual damages that this might generate. Likewise, if the script tracking code has not been deleted, TITANPush will retain the right to consider the Account as active, being able to enforce all the obligations of these Terms and Conditions, including the obligation to pay for the Services provided by TITANPush.

8.8. For technical reasons, user subscription lists and device permissions are generated on TITANPush subdomains (e.g.: www.client.notifications-web.com), therefore, they are non-transferable. TITANPush will not be able to deliver these lists to the Users in the event of cancellation of the Service.

8.9. The uninstallation of the TITANPush application does not constitute an automatic cancellation of the associated payment subscription. It must be requested prior to the uninstallation of the application; otherwise, it will be understood that the user continues to accept the terms and conditions of their subscription, and the corresponding charges will continue to apply.

9. Limitation of liability for the Services

9.1. TITANPush makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

9.2. In addition, TITANPush does not guarantee or make any representations regarding the accuracy, probable results, security, or reliability of the use of the Services and functionalities available on the Users' website or on any third-party website where Users have the possibility of using the Services and functionalities of TITANPush or is linked in any way with TITANPush. TITANPush does not guarantee that the Service meets the specific requirements of the User. Although TITANPush uses its best efforts not to interrupt the Service, TITANPush does not guarantee that the Service will be uninterrupted, timely, secure, or free of errors and viruses, and that the results that may be obtained from the User of the Service will be accurate or reliable. On dates with high traffic peaks, the platform may have a slower response than normal. As a client, you accept and understand this situation, waiting for the system to normalize. In all cases, TITANPush will do its best to avoid the event and, if it occurs, will normalize the situation in the shortest possible time.

9.3. In no event shall TITANPush or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profits, business interruption, or computer/technical failure) arising out of the use or inability to use the Services or functionalities available on the Site or offered by TITANPush through third parties, even if TITANPush or an authorized representative of TITANPush has been notified orally or in writing of the possibility of such damages. In no case shall TITANPush's total liability towards Users with respect to any service, whether direct or indirect, exceed the total amount paid by the User for the Module during the 1 (one) month immediately preceding the event giving rise to the claim.

9.4. Users are responsible for all posted content and activity that occurs on their Account and/or accounts linked to the Account.

9.5. TITANPush adopts various protection measures to protect the Site and its contents against computer attacks by third parties. However, TITANPush does not guarantee that unauthorized third parties cannot know the conditions, characteristics, and circumstances in which the User accesses the Site and/or the Services and functionalities of TITANPush available through third parties. Consequently, TITANPush will not be responsible in any case for the damage that may arise from said unauthorized access.

9.6. With the acceptance of these Terms and Conditions, the User declares that they will hold harmless against any claim, TITANPush, its controlled and controlling companies, directors, partners, employees, lawyers and agents, derived from (i) non-compliance by the Users of any provision contained in these Terms and Conditions or of any law or regulation applicable to them, (ii) breach or violation of the rights of third parties including, by way of example, other Users; including, without limitation, claims for infringement of intellectual property rights, copyrights or trademarks derived from the content generated by AI tools under the User's supervision and approval; and (iii) non-compliance with the permitted use of the Site and/or the Services and functionalities of TITANPush available through third parties.

9.7 Use of AI Tools and Content Responsibility (AI Studio and Visibility): The User acknowledges that AI tools are for assistance purposes. TITANPush is not responsible for errors in content generation or diagnostics based on third-party language models. "Copilot" mode requires mandatory human supervision.

• a) Nature of the Service: TITANPush makes AI tools available to the User for store optimization and the creation of cross-channel campaigns. The User acknowledges that results generated by AI are suggestions based on statistical data and predictive models.
• b) Copilot Mode and Supervision: In the use of "AI Studio," the User is solely responsible for reviewing, editing, and approving any suggestion, recommendation, or content generated before its publication or execution. TITANPush does not guarantee that the generated content is suitable for the User's specific commercial purposes or that it is free of bias.
• c) AI Visibility: The visibility diagnostic in AI engines (such as ChatGPT or Gemini) is a report based on the current state of third-party models. TITANPush does not guarantee a specific positioning nor is it responsible for changes in the algorithms of such external companies. Nature of the Diagnostic: It is an "as-of" report and not a guarantee of permanent positioning.

9.8 Privacy and Conversation Data: By using the "Conversations" functionality, the User guarantees that they have the consent of their customers for the processing of such data. TITANPush will act solely as a technical processor.

• a) Role of the Parties: For the "Conversations" and "Unified Profiles" functionality, the User acts as the Data Controller and TITANPush as the Data Processor.
• b) Final Customer Consent: The User guarantees that they have obtained explicit consent from their final customers for:
  • The unification of their purchase and behavior history.
  • Contact through automated channels.
  • The storage and processing of chat conversations.
• c) Team Access: The User is responsible for managing permissions granted to their team members within the unified inbox and for any information leak derived from misuse of access credentials.

9.9 Integration with Third Parties (WhatsApp automation): The use of social media automations is subject to the APIs and policies of third parties (Meta). Any service interruption due to changes in such platforms is not the responsibility of TITANPush.

• a) Third-Party Compliance: The User agrees to strictly comply with Meta's commercial and usage policies (WhatsApp Business Policy). Failure to comply with these rules resulting in account blocking or sanctions is the sole responsibility of the User.
• b) Usage Charges: The User understands that the use of WhatsApp Automation may generate additional costs billed by Meta or API providers, independent of the TITANPush subscription.
• c) Technical Failures: TITANPush will not be responsible for the non-delivery of messages due to problems in third-party APIs, lack of balance in the User's messaging accounts, or incorrect configurations of triggers performed by the User.

9.10. Customer Support and AI-Assisted Assistance: Unlike Clause 9.7, this clause governs the use of AI assistants for customer service, technical support, and resolution of inquiries directed to TITANPush. TITANPush may use tools and assistants based on Artificial Intelligence (AI) for customer service, technical support, and resolving User inquiries. The User acknowledges and accepts that they are interacting, in whole or in part, with automated systems. While TITANPush strives to provide accurate and helpful responses, AI may make errors, hallucinate information, or provide inaccurate or out-of-context responses. Information provided through these means is for guidance purposes only. TITANPush shall not be liable for decisions made, misconfigurations, or damages arising from sole reliance on responses generated by AI assistants, without prejudice to the provisions of Clause 9.3. Users are advised to verify any critical information and, if in doubt, to request review by a human representative of our team.

10. Metrics and Management of the "Audiences" Module (Behavior and Clients)

The Audiences Module comprises two (2) functional sub-modules: (i) Behavior, referring to the analysis of Visitors' browsing behavior, governed by Clauses 10.1 to 10.5 below; and (ii) Clients, referring to the viewing, segmentation, and annotation of commercial information of the User's identified end customers, governed by Clauses 10.6 to 10.9 below.

10.1. Description and Purpose: The Audiences Module is a data intelligence tool that collects, processes, and segments the browsing behavior of visitors on the User's website. Its main objective is to facilitate strategic decision-making and enable the activation of tools that collaborate in the personalization of the entire sales journey.

These metrics are generated from data captured through scripts, integrations, and events associated with the use of the site.

10.2. Estimative Nature of Metrics: While TITANPush makes its best efforts to accurately and consistently reflect the reality of user behavior on the Client's site, the User acknowledges and accepts that the generated metrics and segments are guidelines in nature. Due to differences in measurement methodologies, attribution windows, use of cookie blockers (ad-blockers), or browser privacy restrictions, the data may present variations with respect to other analytics tools (such as Google Analytics) or the User's internal systems.

10.3. Technical Dependencies and Data Capture: The accuracy of the information directly depends on:

• The correct implementation and maintenance of TITANPush scripts by the User.
• The technical operation of the User's website.
• External factors of the digital environment, including, but not limited to, device configurations and privacy policies of third-party providers.

10.4. Mandatory Technical Collaboration: To guarantee the quality and improvement of metrics, the User undertakes to actively collaborate in:

• The review or update of scripts and integrations when required.
• Facilitating access to technical or analytical information of the site if necessary for validations.
• Coordinating adjustments with their development teams or external providers.

10.5. Limitation of Liability on Commercial Decisions: TITANPush does not guarantee absolute accuracy or continuous availability of metrics. Consequently, TITANPush shall not be liable for commercial, strategic, or advertising investment decisions that the User makes based on the information provided by the Audiences Module. These metrics complement, but do not replace, other analysis sources of the User's business.

10.6. Estimative and Informational Nature: The metrics, aggregates, and segments generated by the Clients Sub-module are prepared based on the e-commerce information integrated by the User and are guidelines in nature. TITANPush does not guarantee the absolute accuracy of said indicators, nor shall it be liable for commercial decisions that the User makes based on them.

10.7. Notes: The sub-module allows internal annotations to be recorded. The User and the agents authorized by the User are solely responsible for the content, accuracy, lawfulness, and relevance of the Notes they record regarding their end customers. TITANPush does not monitor or validate the content of the Notes and shall not be liable for their use, scope, or consequences, without prejudice to the indemnification obligations set forth in Clause 9.6.

10.8. Data Protection and Integration with the Conversations Module: The Clients Sub-module involves the processing of personal data of the User's end customers, and accordingly, the processing roles set forth in Clause 9.8(a) and the User's obligations as Data Controller established in Clauses 11.5 and 11.11 shall apply, as relevant, regardless of whether a conversation is initiated or not.

10.9. Access Management: The Administrator User is responsible for managing access permissions to the Clients Sub-module and to the Notes recorded by their agents, under the same terms set forth in Clause 11.7.

11. Service/Functionality: "Conversations"

11.1. Description of the Service: The Conversations Module is a centralized communication management tool for e-commerce businesses that allows managing WhatsApp Business, Instagram, and other conversations, managing leads, coordinating agent teams, and utilizing artificial intelligence tools for sales assistance.

The Module is organized into an interface of three functional columns that allow managing the commercial operation comprehensively from a single view:

• Column 1 — Conversation List: left panel showing all active conversations indicating the source channel (WhatsApp, Instagram, or others), with elements including, but not limited to: assigned agent, time since the last message, number of unread messages, search bar, and filters by agent, channel, and abandoned cart status.
• Column 2 — Conversation Detail: central panel showing the message thread with the selected customer, with visual distinction between sent and received messages. From here, the agent can compose and send messages, and access the commercial tools of the Module. Likewise, they can manage message templates (Conversation Starters) approved by Meta: Marketing and Utility category templates with support for dynamic variables. The User is responsible for ensuring that the content of the templates complies with the WhatsApp Business Messaging Policies, not using templates rejected by Meta, and respecting categories assigned to each template (Marketing, Utility). Additionally, they must update or replace templates whose approval has been revoked.
• Column 3 — Contextual Customer Information: right panel presenting all relevant information of the customer corresponding to the active conversation.

11.2. Metrics: Summary of individual and group performance.

11.3. Access Conditions and Requirements: The Module is available exclusively for legal entities or individual entrepreneurs operating an e-commerce or business with verifiable commercial activity. Use is prohibited for individuals under 18 years of age and for those acting exclusively as end consumers. To access the Module, the User must have an active account in TITANPush.

The Module may be available as part of specific plans or as an add-on, subject to current commercial conditions.

11.4. Integration and Third-Party Requirements: The use of the Module requires active and verified accounts of WhatsApp Business API (via Meta Business Manager), Instagram Business page or account (optional), and compatible e-commerce platforms.

11.5. Permitted Use: The User undertakes to use the Module exclusively for lawful commercial purposes, in compliance with all applicable regulations, including:

• Personal data protection laws in force in their jurisdiction.
• Use policies of WhatsApp Business and Instagram of Meta Platforms, Inc.
• Applicable consumer protection legislation.
• Anti-spam and electronic commercial communications regulations.

11.6. Consent of Recipients: The User is exclusively and solely responsible for obtaining, documenting, and maintaining the prior, express, and informed consent of all recipients of communications sent through the Module, as required by WhatsApp Business policies and applicable personal data protection legislation.

11.7. Team Management: The Administrator User is solely responsible for assigning roles, managing permissions, and ensuring that the use of the Module by their agents complies with these terms. They may immediately revoke access for agents whose relationship with the company has ceased and must maintain the confidentiality of access credentials.

Furthermore, they are responsible for customizing default messages for each commercial action, and configuring the Copilot (AI sales assistant) and payment methods.

11.8. Express Prohibitions: It is expressly prohibited to use the Module to send illegal, defamatory, discriminatory, violent, or pornographic content; perform reverse engineering, decompile, or attempt to obtain the source code of the Module; resell, sub-license, transfer, or assign access to the Module to third parties without express authorization from TITANPush; use the Module to compete directly with TITANPush or develop similar products; overload, interfere with, or damage the technical infrastructure of the Module; and use the Module for fraudulent activities, scams, or any criminal conduct.

11.9. Treatment Roles: TITANPush acts as the Data Processor of the personal data of the User's end customers processed through the Module. The User acts as the Data Controller of said data and is the one who determines the purposes and means of the processing.

11.10. Processed Data: TITANPush may process, as Processor, the following data of the User's end customers:

• Identification data: name, phone number, email (when available).
• Location data: country and city (when available).
• Commercial data: purchase history, visited products, active cart, customer segment.
• Interaction data: conversation content, timestamps, message status.
• Behavioral data: browsing on the User's e-commerce (according to active integration).

TITANPush will retain the processed data during the validity of the contracted plan and for the additional period required by legal obligations. The processing of the User's own data is governed by TITANPush's Privacy Policy.

11.11. Obligations of the User as Controller: They must inform their end customers about the processing of their data through the Module, in accordance with applicable legislation, and obtain all necessary legal bases for the processing (consent, contractual execution, etc.). They must attend to and manage the rights of data subjects (access, rectification, erasure, objection, portability) within the legally established periods and not transfer special categories of data (sensitive data) to the Module without the additional guarantees required by law.

11.12. Payment Request and Collection Methods: The Module includes a functionality that allows requesting payments from end customers by sending a payment link through the conversation. This functionality is a communication tool that facilitates the commercial process and does not constitute a payment processing service by TITANPush.

Payments can be processed through payment Gateways (Mercado Pago, PayPal, Stripe, or others depending on availability) or the User can provide their banking details to request a direct transfer. The User is responsible for correctly configuring said methods and complying with their terms and conditions. TITANPush is not part of any commercial transaction between the User and their end customers.

11.13. Service Availability: TITANPush will endeavor to keep the Module available, but does not guarantee 100% availability. The Service may be affected by scheduled maintenance, updates, technical failures, or force majeure causes. TITANPush is not responsible for interruptions originating in third-party platforms (Meta, WhatsApp, Instagram, or others), or for the loss of profits that said interruptions might cause.

11.14. Plans, Prices, and Associated Costs: Access is subject to the plan contracted by the User.

The plan contracted with TITANPush covers the use of the management platform, but does not include messaging costs billed directly by Meta for the use of the WhatsApp Business API to the User according to its current pricing model (per conversation, category, and destination country), which are entirely borne by the User.

TITANPush does not intervene in Meta's billing, does not act as an intermediary in said collection, and is not responsible for changes in Meta's rates or messaging policies. The User must manage and fund their Meta Business Manager account independently.

11.15. Intellectual Property: The Conversations Module, including its source code, design, algorithms, AI models, trademarks, and documentation, is the exclusive property of TITANPush or its licensors. TITANPush grants the User a non-exclusive, non-transferable, and revocable license to access and use the Module during the validity of the contracted plan, exclusively for the User's commercial purposes in accordance with these terms.

11.16. Limitation of Liability: To the maximum extent permitted by applicable legislation, TITANPush shall not be liable for indirect, incidental, special, or consequential damages derived from the use of the Module, including without limitation:

• Loss of income, data, customers, or reputational damage.
• The content of the communications sent by the User to their end customers.
• The User's failure to comply with WhatsApp Business, Instagram, or other Policies, including account suspension by Meta.
• Commercial decisions made based on metrics or AI suggestions of the Module.
• Meta messaging costs billed to the User for the use of the WhatsApp Business API or other costs associated with the messaging platform used.

In any case, TITANPush's total accumulated liability may not exceed the total amount paid by the User for the Module during 1 (one) month immediately preceding the generating event. The User agrees to indemnify and hold TITANPush harmless from any claim arising from the use of the Module, breach of these terms, or violation of third-party rights.

11.17. Suspension and Cancellation of the Service: TITANPush may immediately suspend access to the Module in the event of:

• Serious or repeated breach of these terms.
• Conduct that violates WhatsApp Business, Instagram, or other Policies.
• Non-payment of the contracted TITANPush plan.
• Use of the Module for fraudulent, illegal activities or activities that harm third parties.

The User may cancel their subscription at any time. Following cancellation, they will have a grace period of 30 (thirty) calendar days to export their data. Once this period has expired, TITANPush may delete the data associated with the Module in accordance with its Privacy Policy.

12. Service/Functionality: "Ads"

12.1. What is "Ads" about?: The functionality called "Ads" constitutes a specialized tool for the automation of the creation of advertisements (hereinafter, “Display Ads”) on websites. Its objective is to direct Visitor traffic, both new (prospecting) and recurring (retargeting), to the product page URL(s) established by TITANPush.

What benefits does the “prospecting” functionality provide? The prospecting functionality consists of identifying and attracting potential Visitors who may later be converted into customers through the analysis of behavioral data, interests, and other relevant digital signals. To this end, TITANPush utilizes advanced segmentation tools and predictive models that optimize the acquisition of relevant audiences for Users.

What benefits does the “retargeting” functionality provide? The retargeting functionality allows for re-engaging Visitors who have interacted with the overall site, category pages, and/or product pages of the Users (such as their website, mobile applications, or ads) by showing them personalized content through various digital channels, including, but not limited to, social media, search engines, and programmatic advertising platforms.

12.2. Payment Method: Users acknowledge and accept that access to and use of "Ads" is subject to an advance payment or “prepaid” system, which Users may access through the “top up balance” option.

The amount paid by Users will determine both the quantity of Display Ads to be generated and the frequency of their appearance. That is, the higher the amount paid, the more Display Ads Users will be entitled to generate, as well as a greater advertising reach, generating higher audience levels.

The Users' available balance will be deducted as Display Ads are generated. In the event that the balance is insufficient to continue with the creation of new Display Ads, the system will automatically suspend the generation of advertisements until a new payment is made by the Users.

The minimum amount required to enable the "Ads" module will always be informed to the User at the time of “topping up the balance.” Additionally, Users may set up an automatic balance top-up on a recurring basis so that when the available balance runs out, it is renewed without suspending the Display Ads.

12.3. Responsibility: Users accept and acknowledge that the "Ads" functionality and its Display Ads generated by virtue of its use do not guarantee results or future sales to Users, given that the effects of advertising depend on multiple external and unpredictable factors, including but not limited to: market response, targeting effectiveness, consumer behavior, economic conditions, shipping conditions, site experience, and other elements beyond TITANPush's control. Consequently, TITANPush assumes no responsibility for the lack of commercial success or expected results derived from the use of "Ads."

Users accept and acknowledge that TITANPush does not control, supervise, or assume any responsibility for the content of the Display Ads disseminated through the use of "Ads." Users are exclusively responsible for the consequences that may derive from them and must hold TITANPush harmless against any judicial or extrajudicial claim initiated against it for such reason.

TITANPush aims its services at maximizing the site's audience through the execution of Display Ad campaigns. The effective execution of the service is subject to inventory availability and the ads being successfully printed for the target audience. The User acknowledges that if, due to targeting conditions, the ads cannot be printed, the allocated budget will not be executed in its entirety.

It is the User's responsibility to read and accept these Terms and Conditions. The use of the "Ads" functionality implies the acceptance of these operating rules, as well as the User's commitment not to infringe upon third-party policies that may affect the provision of the service.

12.4. Metrics: "Ads" will provide Users with the following metrics:

• Consumption;
• Impressions;
• CPM (cost per 1,000 impressions);
• Clicks;
• CPC (cost per click);
• Billing;
• Sales;
• ROAS (Return on Ad Spend).

These metrics are reported for the following types of ads:

• User Remarketing;
• Prospecting;
• Cart Remarketing;
• Product Remarketing.

All of these are provided for a range of the last 30 days, where the client has the possibility to segment by their desired date.

12.5. Prohibited Uses and User Obligations: Users agree not to use "Ads" for the publication of Display Ads that:

a. Contain material that is illegal, defamatory, obscene, pornographic, racist, discriminatory, offensive, injurious, or that infringes on the privacy of individuals.

b. Include photographs, whether their own or belonging to third parties, whose image is obscene, immoral, or contrary to good customs, or that violate intellectual property rights they do not possess.

c. Are published through the falsification of the User's identity.

d. Infringe upon any applicable legislation, whether local, federal, national, or international.

13. Service/Functionality: "Promotions"

13.1. Scope, Eligibility, and Technical Compatibility: The tool allows configuring and applying different discount mechanics strategically in the shopping carts of their end customers. The User acknowledges that the availability and correct functioning of this Module is strictly conditioned on technical compatibility with the e-commerce platform (sitebuilder) into which the Site is integrated. As of the publication date of these Terms and Conditions, the Module is available exclusively for stores integrated with Tiendanube. TITANPush does not guarantee availability or support for other e-commerce platforms and reserves the right to expand, modify, or restrict such compatibility in the future. It is the User's responsibility to verify their platform's compatibility prior to contracting the service.

13.2. Available Promotion Types: The User may configure the following commercial dynamics on their site, subject to the technical limitations of the platform:

• Cart Subtotal Discount: Allows applying fixed or percentage discounts based on the total purchase amount. Creation is limited to one (1) single promotion of this type simultaneously, and the User can configure multiple tiered rules within it.
• "Buy X, Pay Y" Discount (NxM): Allows offering free units after purchasing a certain quantity of products. It can be applied to the entire store, to categories, or to specific products.
• Progressive Discount by Quantity: Allows increasing the discount percentage the more units are taken by end customers. It can be filtered by store, categories, or specific products.
• Second Unit Discount: Applies an exclusive discount percentage on the second unit of a product, provided that the selected products are identical. The User may limit the number of times this benefit is applied per product.
• Wholesale Module: Allows grouping end users into specific categories to grant them differentiated and targeted discounts.
• Campaign Discount (UTM): Allows creating segmented promotions that will be activated exclusively through traffic source parameters (UTM). This functionality is designed to target discounts to specific channels such as email marketing campaigns, ads, push notifications, influencer links, among others.
• Mix and Save: Encourages cross-selling by offering discounts or free products when the end customer combines complementary or related items previously defined by the User.
• Fixed Price Pack: Allows grouping different products and offering them together at a pre-established fixed value. The User may expressly limit the number of times this promotion can be applied in the same transaction or by the same customer.

13.3. Configuration, Validity, and Automation:

• Validity: All configured promotions may be subject to a specific time limit (start and end date). Once the end date is reached, promotions will automatically stop applying on your site.
• Discount Promise: The platform has a feature that visually notifies your customer in the shopping cart about a benefit they have not yet reached (e.g., "15% off on purchases over $5,000!"), according to the rules previously configured by the User.

13.4. Limitation of Liability and Technical Exclusions:

• Responsibility of Configuration: The User is solely responsible for the correct parameterization of amounts, percentages, application conditions, selected products, and validity dates of their promotions. The platform is not responsible for human configuration errors that affect the commercial strategy, profit margins, or billing of the User.
• External Failures and Interruptions: The correct application of discounts depends on the stability of third-party integrations and systems. The platform will not be responsible for the lack of application, delays, or errors in promotions that are a consequence of external technical failures, third-party service interruptions, connectivity drops, external server problems, or any event of force majeure beyond the direct control of the platform.

14. Intellectual Property

14.1. The rights of the Site and the Services are reserved and belong to TITANPush.

14.2. The content of the Site and the Services, the "TITANPush" brand, the software and the design in general are the property of TITANPush and are protected by the applicable legislation on copyright and intellectual and industrial property.

14.3. The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Site or offered by third parties authorized by TITANPush (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video), belong to TITANPush.

14.4. Total or partial reproduction is prohibited without the express authorization of TITANPush.

15. Data Protection

15.1. The Personal Data that the User provides in the Registration Form will be integrated into a personal database for which TITANPush is responsible, whose address appears in the heading of this document.

15.2. TITANPush declares that the Personal Data of the Users will be used only for the purposes mentioned in the First Clause.

15.3. Users may exercise their rights to access, rectify, delete and update their Personal Data, as well as to oppose its processing, all in accordance with the provisions of the applicable regulations (Law 25,326 – Personal Data Protection Law).

15.4. TITANPush undertakes to guarantee compliance with the provisions of Law 25,326 and Decree 1558/2001 regarding the Protection of Personal Data of users and/or any third party, as well as to guarantee the rights conferred in the regulations mentioned.

16. Assignment

16.1. The User may not assign the rights and obligations arising from these Terms and Conditions without the prior written consent of TITANPush. TITANPush may assign, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business for any titles.

17. Applicable Law and Jurisdiction

Any claim related to the TITANPush website will be governed by the laws of the Argentine Republic. These Terms and Conditions, as well as the relationship between TITANPush and the User, will be governed and interpreted in accordance with the legislation in force in the Argentine Republic.

18. Contact us

If you have any questions about these Terms and Conditions of Use, please contact us at info@titanpush.com