Terms and Conditions of Use — Tropik

Version effective as of October 5, 2026
Last updated: October 5, 2026

These Terms and Conditions (“Terms”) govern access to and use of the Platform and Services provided by Tropik SpA, Chilean tax ID (RUT) 77.729.156-4 (“Tropik”, “we”, “us”).

Please read this document together with our Privacy Policy (Spanish) and Privacy Policy (English). If you do not agree, do not use the Platform or the Services.

Language: The Spanish version of these Terms is authoritative. This English text is a convenience translation. In case of conflict, the Spanish version prevails.

1. Definitions

2. Who we are and nature of the service

2.1. Identity

Tropik SpA is a Chilean closely held corporation (sociedad por acciones). Legal representative: Rodrigo Cárcamo Gruebler. Website: https://tropik.app. Support: soporte@tropik.app. Privacy: privacidad@tropik.app.

2.2. What we offer

Tropik provides a B2B omnichannel messaging and customer-care service: it unifies channels (for example WhatsApp, email, live chat, social media, and other enabled channels) in a shared workspace, with collaboration tools, automation, reporting, and, when the Customer enables them, artificial-intelligence features.

2.3. Provisioning

Workspaces are typically provisioned by Tropik (assisted or contractual onboarding). Full self-serve signup may not exist. Access is granted when Tropik enables the workspace under the Order Form or contracted plan.

2.4. Intended users

The Services are aimed at businesses and professionals. They are not intended for end consumers seeking personal non-business use, nor for persons under 18.

3. Acceptance and capacity

3.1. By accessing, browsing, or using the Platform, or by signing/accepting an Order Form, the Customer (and, as applicable, each Authorized User) acknowledges having read and accepted these Terms.

3.2. Anyone accepting on behalf of a legal entity represents that they have sufficient authority. Falsity or error in that representation obliges them to indemnify Tropik for resulting damages.

3.3. Authorized Users must be at least 18 (or the age of majority in their jurisdiction) and act under the Customer’s responsibility. The Customer is responsible for all acts performed from its workspace and Authorized User accounts.

4. Account, access, and security

4.1. The Customer designates one or more workspace administrators and controls Authorized User permissions.

4.2. Credentials are personal and non-transferable. The Customer and Authorized Users must keep them confidential and enable two-factor authentication (2FA) when available.

4.3. The Customer shall promptly notify soporte@tropik.app of any suspected unauthorized use. Tropik is not liable for unauthorized access arising from the Customer’s or Authorized Users’ mishandling of credentials.

4.4. Tropik may require reasonable security measures and suspend compromised access to protect the Platform and third parties.

5. License to use

5.1. Subject to timely payment of fees and compliance with these Terms, Tropik grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform solely for the Customer’s internal business operations during the term.

5.2. Except with Tropik’s prior written authorization, the Customer shall not:

• resell, rent, sublicense, or exploit the Platform as its own service to unrelated third parties (except authorized partners);
• copy, modify, decompile, or reverse engineer the software (except as mandatory law allows);
• circumvent technical, security, or billing controls;
• use the Platform beyond the plan or Order Form scope.

5.3. Tropik and its licensors retain all intellectual-property rights in the Platform, trademarks, software, documentation, and improvements. “Tropik” is a protected mark under Chilean industrial-property law.

6. Customer Content and data ownership

6.1. The Customer owns Customer Content. Tropik acquires no ownership of that content.

6.2. The Customer grants Tropik a limited license to host, process, transmit, back up, and display Customer Content only as needed to provide the Services, comply with law, and improve Platform security or operations (including aggregated and anonymized metrics).

6.3. For personal data within Customer Content, the Customer is typically the controller and Tropik the processor, under the Privacy Policy and, where applicable, the DPA. The Customer warrants it has lawful bases and lawful instructions for processing.

6.4. The Customer alone is responsible for Customer Content toward third parties (including end interlocutors), for its lawfulness, and for not infringing third-party rights.

6.5. Tropik may remove or block Customer Content when required by law, by authority order, or when that content seriously risks the security, integrity, or availability of the Platform or of third parties.

7. Artificial intelligence

7.1. If the Customer enables AI features (for example reply drafts, summaries, intent detection, or automated agents), Customer Content may be sent to model providers solely to perform that enabled feature, under contract and security measures.

7.2. Tropik does not use Customer Content to train generalized models of Tropik or of third parties, unless the Customer expressly enables an integration whose provider indicates different processing and the Customer accepts it in that integration.

7.3. AI outputs are assistive. The Customer is responsible for reviewing them before use toward third parties and for complying with applicable law (including AI regulation where relevant). Tropik does not warrant accuracy, completeness, or fitness of automated suggestions.

7.4. This clause aligns with the AI section of the Privacy Policy.

8. Acceptable use

The Customer and Authorized Users shall not use the Platform to:

1. Violate laws or third-party rights (including personal-data, intellectual-property, consumer, or competition rules).
2. Send spam, phishing, malware, or unsolicited or deceptive bulk communications.
3. Commit fraud, scams, impersonation, or other unlawful activities.
4. Interfere with the security, integrity, or performance of the Platform (abusive scanning, deliberate overload, control circumvention).
5. Improperly scrape data outside authorized APIs or uses.
6. Share Authorized User accounts among different persons, except roles expressly allowed by the product.
7. Deliberately process especially sensitive data categories or regulated health data (for example HIPAA or similar regimes) without prior written agreement with Tropik enabling that processing.
8. Use the Platform in high-risk contexts where failure could cause death, serious injury, or catastrophic environmental damage, unless specifically agreed in writing.
9. Any other use that, in Tropik’s reasonable judgment, constitutes abuse or endangers other customers or infrastructure.

Breach may result in warning, suspension, or termination, without prejudice to other legal remedies.

9. Fair Use — soft policy

9.1. Principle

Some plans may describe capacities as “unlimited chats,” “unlimited contacts,” or similar wording. That does not authorize abuse, artificial traffic, malicious bots, or uses that sustainably degrade service for the Customer or others.

“Unlimited” (including expressions such as “unlimited chats”) refers to the reasonable usage volume of the plan (for example, number of conversations or contacts) and does not imply indefinite temporal retention of history or free storage of attachments or other files. The absence of age-based deletion while the account is active (clause 9.3) is not a guarantee of indefinite preservation.

9.2. Guidance (not automatic hard caps)

Tropik may publish or communicate healthy-usage guidance by plan (messages, active contacts, inboxes, API calls, storage, etc.). Those guides are guidelines, not automatic hard limits. Reasonable short-term spikes are acceptable. If usage habitually and materially exceeds what is expected for the plan, Tropik will contact the Customer to:

• optimize configuration;
• recommend a higher plan or add-ons; and/or
• agree technical limits or additional fees.

9.3. Retention while the account is active (soft policy)

While the subscription is active and in good standing, Tropik does not impose mandatory age-based deletion of conversation history in Customer Content based solely on fixed “fair use” retention periods (unlike forced retention-by-plan policies of certain cloud providers).

The Customer may request its own retention or deletion policies for its Workspace (for example, deletion or archival of conversations by age) by writing to soporte@tropik.app. When the product offers self-serve retention settings, that path will also be available; until then, such requests are handled via support.

Tropik may, with reasonable notice, apply technical measures if storage volume or other resources create a disproportionate impact not covered by the plan (for example archiving, compression, or migration to additional storage tiers), without equating to an automatic date-based purge while the contract remains in force.

9.4. Inactive accounts

To preserve resources and security, Tropik may treat as inactive an account or workspace with no Authorized User logins for six (6) consecutive months (or another period stated in the Order Form).

Before deleting data for inactivity, Tropik will email the registered administrator with a grace period of at least seven (7) days to reactivate access. Absent reactivation or response, Tropik may suspend and, after the process, delete the workspace and its Customer Content, without prejudice to legal retention duties.

Accounts with active billing or a legal hold are not deleted solely for login inactivity without further assessment.

9.5. APIs, webhooks, and automations

Use of APIs, webhooks, and automations must respect technical and fair-use limits. Tropik may rate-limit or restrict access that threatens service stability, prioritizing paid workspaces and legitimate use.

10. Integrations and third parties

10.1. The Customer may connect third-party channels and tools (for example Meta/WhatsApp, Google, email providers, Trello, payment gateways, AI providers). Those connections depend on each third party’s terms and availability.

10.2. Tropik does not control or warrant continuity of third-party APIs. Changes, blocks, or charges by the third party are the Customer’s responsibility toward that provider, unless Tropik expressly invoices a bundle and so indicates.

10.3. Tropik diligently selects infrastructure providers needed to operate the Platform (for example cloud, real-time messaging, payments). To the extent permitted by law, Tropik is not liable for failures attributable exclusively to third parties outside its reasonable control, without prejudice to its duty of diligent selection and contractual obligations.

10.4. Meta / WhatsApp channels. The Customer is responsible for complying with Meta and WhatsApp policies, terms, and requirements applicable to its use (including recipient consent or opt-in, template use, messaging quality, and the prohibition of spam). Tropik may suspend a channel when Meta or the relevant business solutions provider requires it, or when the Customer’s use puts the Platform or other customers at risk. Suspension, restriction, or blocking of a number, account, or channel by Meta does not give rise to a refund of the Tropik subscription, unless otherwise agreed in writing.

11. Availability, maintenance, and support

11.1. Tropik strives to keep the Platform continuously available. Unless a written SLA is in an Order Form or annex, no uninterrupted availability or specific uptime percentage is guaranteed.

11.2. Scheduled maintenance (with reasonable advance notice when possible) and urgent security maintenance may occur. Those interruptions alone do not create a refund right unless an applicable SLA or mandatory law provides otherwise.

11.3. Support is provided according to the plan (email to soporte@tropik.app, priority channels, or other). Indicative response times are not an SLA unless agreed in writing.

11.4. Beta or preview features are provided “as is,” may be changed or withdrawn, and may be less stable.

12. Fees, billing, and taxes (Chile)

12.1. Fees are set out in the Order Form, pricing page, or accepted plan. Unless otherwise stated, prices are exclusive of VAT (IVA) and other taxes applicable in Chile.

12.2. Billing cycles are typically monthly or annual, payable in advance. Renewal is automatic for equal periods unless the Customer gives non-renewal notice before the end of the then-current cycle (or the notice period in the Order Form; absent agreement, at least fourteen (14) days for monthly cycles and thirty (30) days for annual cycles is recommended).

12.3. Except where mandatory law or a Tropik-attributable failure substantially deprives the Customer of the service, payments are non-refundable once a cycle has begun.

12.4. The Customer is responsible for providing accurate billing data (including legal name and RUT) and for paying applicable taxes. Tropik will issue tax documents under Chilean law.

12.5. Non-payment authorizes Tropik to suspend access, pursue judicial or extrajudicial collection and, where lawful, report debts to commercial bulletins. The Customer bears reasonable collection costs.

12.6. Tropik may change fees with reasonable prior notice (at least fourteen (14) days before the next cycle). If the Customer does not accept, it may decline renewal at the end of the then-current cycle.

12.7. Third-party channel charges (for example Meta messaging fees) are independent of the Tropik subscription unless expressly invoiced as an add-on.

13. Suspension

Tropik may suspend access in whole or in part, with or without prior notice depending on severity, when:

• payment is overdue;
• a violation of Acceptable Use or Fair Use is detected or reasonably suspected that risks the Platform or other customers;
• required by an authority or by law;
• justified by a security incident;
• the Customer fails to cooperate reasonably in an abuse investigation.

Suspension for a Customer-attributable cause does not extinguish payment obligations for the contracted period. Tropik will seek to restore access when the cause ceases, if the contract remains in force.

14. Term, termination, and data export

14.1. Term

The contract runs for the Order Form or plan term, with automatic renewals under the fees clause, unless terminated under these Terms.

14.2. Termination by the Customer

The Customer may end the subscription with the non-renewal notice in clause 12.2, or as stated in the Order Form. Early termination does not generate a refund of the then-current cycle, unless otherwise agreed or required by mandatory law.

14.3. Termination by Tropik

Tropik may terminate immediately (or after a reasonable cure notice for remediable breaches) if the Customer materially breaches these Terms, fails to pay, or commits serious Acceptable Use violations. Tropik may also terminate for Customer insolvency or cessation of business.

14.4. Post-termination export window and deletion

The periods in this clause are counted in calendar days from the date on which termination or non-renewal of the service becomes effective (the “effective termination date”).

1. Export: The Customer has ninety (90) calendar days counted from the effective termination date to export Customer Content via product tools or with reasonable support assistance (soporte@tropik.app), which may be chargeable if extraordinary work is required.
2. Deletion: Tropik will delete or anonymize Customer Content from the production environment within a maximum of one hundred eighty (180) calendar days counted from the effective termination date, except:
   • legal hold or authority order;
   • legal or tax retention duties (for example billing records);
   • residual backups purged on ordinary technical cycles, without operational use.
3. Computation of periods: Both periods run from the same effective termination date and are not cumulative. The export window (through day 90) falls within the maximum deletion period (through day 180); the deletion period does not begin when the export window ends. Tropik will not delete Customer Content from the production environment before the applicable export window closes, except at the Customer’s express request or as required by law.
4. Prolonged non-payment: If termination is due to prolonged non-payment (for example more than ninety days), Tropik may shorten the export window to thirty (30) calendar days from the effective termination date, with prior notice, without prejudice to reasonable attempts to contact the registered administrator. The maximum deletion period of one hundred eighty (180) days remains unchanged.

14.5. Effects

Upon termination, use licenses end. Provisions that by nature should survive will survive (intellectual property, confidentiality, limitation of liability, governing law, accrued payments, etc.).

15. Privacy and data processing (DPA)

15.1. Personal-data processing is governed by the Privacy Policy in force:

• Spanish: https://tropik.app/privacidad
• English: https://tropik.app/en/privacy

That Policy forms an integral part of these Terms as to privacy.

15.2. Contacts: privacidad@tropik.app (privacy) and soporte@tropik.app (operational support).

15.3. Tropik processes Customer Content as a processor when the Customer is the controller, under Chilean Law No. 19.628 / Law No. 21.719 reform, the GDPR where applicable, and other applicable rules.

15.4. The Parties may enter into a written DPA (especially for enterprise customers or where GDPR or other laws require it). If the DPA conflicts with these Terms on personal-data protection, the DPA prevails.

16. Confidentiality

16.1. Each Party shall treat as confidential the other Party’s non-public information received in connection with the contract, and use it only to perform the contract.

16.2. Information is not confidential if it is public without the receiving party’s fault, already lawfully known, received from third parties without a duty of confidence, or independently developed.

16.3. Disclosure required by law or authority order is permitted, with prior notice where legally possible.

17. Warranties and disclaimer

17.1. Tropik will provide the Services with reasonable professional diligence and in accordance with these Terms.

17.2. Except for a written SLA, the Platform is provided “as is” and “as available” to the maximum extent permitted by Chilean law. Tropik does not warrant that the service will be uninterrupted, error-free, or fit for a particular purpose not agreed.

17.3. Nothing in these Terms excludes liability for willful misconduct (dolo) or gross negligence (culpa grave) under Article 44 of the Chilean Civil Code, nor mandatory rights that cannot be waived.

18. Limitation of liability

18.1. To the maximum extent permitted by Chilean law applicable to B2B contracts:

• Tropik is not liable for indirect damages, lost profits, lost opportunities, loss of data recoverable by the Customer through its own backups, reputational harm, or consequential damages, except for willful misconduct or gross negligence.
• Tropik’s aggregate liability arising from these Terms or the Services in any twelve (12) month period shall not exceed the total amounts actually paid by the Customer to Tropik for the Services during the twelve (12) months immediately preceding the event giving rise to the claim (or the shorter period elapsed if less).

18.2. This limitation does not apply to the extent prohibited by law (including Tropik’s willful misconduct or gross negligence).

18.3. Tropik is a stranger to the relationship between the Customer and its end interlocutors or among Authorized Users. Disputes among them are not enforceable against Tropik.

18.4. The Customer shall indemnify and hold Tropik harmless from third-party claims arising from Customer Content, unlawful use of the Platform by the Customer or its Authorized Users, or the Customer’s breach of these Terms, to the extent permitted by law.

19. Force majeure

Neither Party is liable for failures due to fortuitous event or force majeure (including natural disasters, acts of authority, general internet or infrastructure-provider failures outside reasonable control, armed conflict, pandemics, or similar events), provided the affected Party mitigates and reasonably informs the other Party.

20. Changes to these Terms

20.1. Tropik may update these Terms by publishing the new version at https://tropik.app/terminos with its effective date.

20.2. If a change is material, Tropik will give reasonable prior notice to the workspace administrator email or via a Platform notice (except changes required by law, which may apply on the legal timeline).

20.3. Continued use after the effective date constitutes acceptance of the updated version. If the Customer does not accept a material change, it may terminate at the end of the then-current cycle under the termination clause.

21. Assignment

The Customer may not assign the contract without Tropik’s written consent. Tropik may assign it to an affiliate or in connection with a reorganization, merger, or sale of assets related to the Services, notifying the Customer.

22. Governing law and jurisdiction

22.1. These Terms are governed by the laws of the Republic of Chile.

22.2. Except where mandatory rules provide otherwise (including, if applicable, consumer-protection rules), any dispute shall be submitted to the ordinary courts of the commune of Santiago, Metropolitan Region, Chile, with a waiver of any other venue.

22.3. Arbitration note (optional): The Parties may, in an Order Form or written annex, agree to submit disputes to institutional arbitration in Santiago (for example under the Arbitration and Mediation Center of the Santiago Chamber of Commerce). Absent such agreement, the judicial venue in clause 22.2 applies.

23. General provisions

23.1. If any clause is invalid, the remainder remains in force; the invalid clause shall be interpreted as closely as possible to the original intent permitted by law.

23.2. Failure to exercise a right is not a waiver.

23.3. These Terms, the Privacy Policy, the Order Form, and the DPA (if any) constitute the entire agreement on their subject and supersede prior understandings on the same subject. In case of conflict: (i) the Order Form prevails over these Terms on specific commercial terms; (ii) the DPA prevails on personal-data protection.

23.4. The Spanish version of these Terms is authoritative. Any English or other translation is for convenience only; in case of discrepancy, Spanish prevails.

23.5. “In writing” includes email to registered addresses, provided the sender’s identity can reasonably be verified.

24. Contact

Tropik SpA — Chilean tax ID (RUT) 77.729.156-4