Terms and Conditions

Welcome to OBMessage, a comprehensive communications and customer service platform developed and operated by OFIMATIC SRL (“OFIMATIC”, “we”, “us”, or “our”).

By accessing, registering for, or using OBMessage or any of its services, including Omnify, Aless, SmartQueue, APIs, integrations, and related functionality, you (“User” or “Customer”) agree to these Terms and Conditions of Use.

These terms supplement any contract, service order, commercial proposal, or specific agreement entered into between OFIMATIC and the Customer.

If you do not agree with these terms, you must not use the service.

• OBMessage: omnichannel communications, conversational automation, messaging, and customer service management platform developed by OFIMATIC.
• Omnify: OBMessage module for managing and sending communications through different channels.
• Aless: chatbot and conversational automation module using configurable flows and integrations, including artificial intelligence functionality where enabled.
• SmartQueue: queue, ticket, and customer service management module integrated into OBMessage.
• Customer: individual or legal entity that contracts or uses OBMessage.
• User: individual authorized by the Customer to access the platform.
• End user: person who interacts with a Customer through any connected channel, bot, ticket, queue, or service.
• Customer Data: information provided, transmitted, or generated by the Customer or its end users through OBMessage.
• Third-party services: external platforms, APIs, channels, or providers with which OBMessage may interoperate.
• Account: credentials, users, configurations, and permissions used to access OBMessage.

Subject to compliance with these terms and applicable commercial conditions, OFIMATIC grants the Customer a limited, non-exclusive, non-transferable, and revocable right to use OBMessage during the term of the contracted service.

This right does not constitute a sale, assignment, or transfer of ownership of OBMessage software or technology.

The Customer and its users are responsible for:

• Providing accurate and current information.
• Maintaining the confidentiality of credentials.
• Assigning appropriate permissions to each user.
• Preventing unauthorized account or credential sharing.
• Immediately reporting unauthorized access or potential security incidents.
• Promptly disabling accounts that no longer require access.

OFIMATIC may implement security controls or require additional verification where necessary to protect the platform or data.

Omnify and messaging

Allows communications to be managed through channels enabled for the Customer, which may include email, SMS, WhatsApp, web chat, or other channels.

The Customer is responsible for obtaining required consent and complying with policies applicable to each channel.

Aless

Allows the design and execution of conversational flows, automations, integrations and, where enabled, artificial intelligence functionality.

The Customer is responsible for configuring, testing, supervising, and maintaining its flows and responses.

When automated systems or artificial intelligence are used, the Customer must apply appropriate supervision for its use case and must not use automated responses as a replacement for human, professional, regulatory, or legal controls where such controls are required.

SmartQueue

Allows the management of queues, tickets, branches, departments, agents, and customer service processes.

Data generated through the Customer's operation of SmartQueue forms part of Customer Data.

Customer Data remains the property of the Customer or its respective owners.

OFIMATIC does not acquire ownership rights over:

• Contacts.
• Messages and conversations.
• Documents and files.
• Ticket or queue information.
• Operational information.
• Customer-provided content.
• End-user data.
• Customer-specific configurations.

The Customer authorizes OFIMATIC to process such data only to the extent necessary to provide, operate, maintain, protect, and support the service and to comply with applicable legal or contractual obligations.

Personal information processing is also subject to the Privacy Policy.

The Customer is responsible for:

• The lawfulness of data submitted to OBMessage.
• Obtaining necessary consent and authorization.
• The content of its communications.
• The origin and quality of its contact lists.
• Honoring opt-out requests.
• Properly configuring users, integrations, and automations.
• Complying with laws applicable to its communications.
• Complying with policies of the channels and third-party services used.

OBMessage may integrate with platforms and services operated by third parties, including Meta, WhatsApp, email providers, SMS providers, infrastructure providers, and other technology services.

The Customer acknowledges that:

• Such services are subject to their own terms and policies.
• Availability may depend on the external provider.
• The third party may modify features, APIs, pricing, limits, or policies.
• The third party may suspend or restrict accounts or resources when violations are detected.
• OFIMATIC does not control independent decisions made by those providers.

Availability of an integration within OBMessage does not mean that every use case is authorized by the external provider.

When using WhatsApp through OBMessage, the Customer must comply with current Meta and WhatsApp terms and policies, including consent, Message Template, content, automation, and use restrictions.

See the WhatsApp Business Platform Usage Policy.

Meta may approve, reject, limit, or suspend numbers, accounts, Message Templates, or other functionality.

OFIMATIC does not guarantee approval or continued availability of assets directly administered by Meta.

The Customer must use OBMessage only for legitimate and authorized activities.

Use of the service is also subject to:

• Acceptable Use Policy
• Prohibited Actions

OFIMATIC may limit or suspend the service where there is reasonable evidence of non-compliance, security risk, fraud, abuse, or violation of third-party policies.

Where the Customer uses telecommunications services for debt collection, the Customer is responsible for complying with applicable legal and regulatory requirements.

In the Dominican Republic, this includes applicable INDOTEL requirements regarding telecommunications used for debt collection.

See the INDOTEL Standards.

Compliance with local regulation does not automatically authorize use of a channel where the channel provider's policies prohibit the activity.

OBMessage, Omnify, Aless, SmartQueue, and all related technological components, including source code, design, interfaces, documentation, architecture, trademarks, and functionality, are owned by OFIMATIC or its licensors.

Unless expressly authorized, the Customer may not:

• Copy or reproduce the software.
• Decompile it.
• Reverse engineer it.
• Modify it for unauthorized purposes.
• Distribute or sublicense it.
• Remove intellectual property notices.
• Use OFIMATIC trademarks in a manner likely to cause confusion.

For additional information, see the Intellectual Property Policy.

The Customer must maintain reasonable safeguards to protect credentials, devices, users, integrations, and data.

OFIMATIC may temporarily suspend access where a reasonable security threat exists to the platform, the Customer, other customers, or third parties.

OFIMATIC may update, modify, or replace functionality in order to:

• Improve the service.
• Maintain technical compatibility.
• Correct vulnerabilities or errors.
• Comply with regulatory requirements.
• Adapt to changes made by external providers.

OFIMATIC will seek to maintain reasonable service availability but does not guarantee uninterrupted or error-free operation.

Interruptions may occur due to maintenance, incidents, infrastructure, Internet connectivity, third-party providers, or circumstances outside OFIMATIC's reasonable control.

OFIMATIC may limit, suspend, or terminate access where:

• A contractual obligation is breached.
• This policy or the Acceptable Use Policy is violated.
• Fraudulent, illegal, or abusive activity occurs.
• Use presents a security risk.
• Third-party rights are infringed.
• An external provider has suspended assets required to provide the service.
• Action is required to comply with a legal or regulatory obligation.

Where reasonably possible, the Customer will be notified in accordance with applicable contractual conditions.

Following termination of the contractual relationship or a valid deletion request, information will be handled according to contractual terms, legal obligations, and applicable procedures.

See the User Data Deletion Instructions.

OBMessage is provided in accordance with contracted features and conditions.

To the extent permitted by applicable law, OFIMATIC will not be responsible for indirect damages arising from:

• Misuse of the platform.
• Customer configurations.
• Content sent by the Customer.
• Internet or telecommunications interruptions.
• Failures, changes, or suspensions of third-party services.
• Customer violations of Meta, WhatsApp, or other provider policies.
• Decisions made by third parties regarding accounts, numbers, templates, or external resources.

Nothing in this section limits liability that cannot legally be excluded.

OFIMATIC may update these terms due to legal, regulatory, technological, commercial, or operational changes.

The current version will be available in the official OBMessage documentation.

Material changes will be communicated when appropriate through available channels.

If any provision is found invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.

Provisions relating to intellectual property, confidentiality, data protection, and limitations of liability that by their nature should survive will remain effective after termination.

For legal inquiries, support, or notices:

📍 C. Nicolás Ureña de Mendoza 3, Santo Domingo 10132
📞 (809) 540-8151
🌐 https://obmessage.ai
✉️ legal@ofimatic.com

OBMessage is a platform developed and operated by OFIMATIC SRL.

© OFIMATIC SRL. All rights reserved.