Terms and Conditions

1. Provider identification

Hereinafter "HERIHE", "the Company" or "we". The party engaging or using the services is "the Client" or "you".

2. Acceptance and scope

By engaging a service, creating an account, requesting a free diagnostic or analysis, authorising access to an advertising or analytics account, or using any HERIHE digital product (together, "the Service"), you accept these Terms and Conditions. If you do not agree, do not use the Service.

These Terms are supplemented by: (a) the Privacy Policy; (b) the signed proposal, quotation or statement of work, where one exists; and (c) the Data Processing Agreement (DPA) where HERIHE processes personal data on the Client's behalf. In case of conflict, the signed contract prevails first, then the DPA, and lastly these Terms.

3. Definitions

• Personal data: any information relating to an identified or identifiable natural person.
• Controller: the party that determines the purposes and means of processing.
• Processor: the party that processes personal data on behalf of and under the instructions of the controller.
• Data subject: the natural person to whom the data relates.
• Platform Data: information obtained from third-party platforms (Meta, Google, Apple and others) through application programming interfaces (APIs), federated login, or authorised integrations.
• Deliverables: assets, reports, campaigns, copy, images, automations and configurations produced for the Client.

4. Description of services

Depending on what is engaged in each case, HERIHE provides:

• Paid media: planning, execution and optimisation of campaigns on Google Ads and Meta Ads, among other networks.
• CRM and email marketing: deployment and operation of Mautic (self-hosted) and of the Client's equivalent platforms.
• Automation: n8n workflows, conversational support with Chatwoot, and integrations between the Client's systems.
• Landing pages and web assets: design, development, measurement and publication.
• B2B prospecting: list building, verification, and cold outreach campaigns in a professional context.
• Artificial intelligence agents: assistants and automations supported by language models.
• Self-serve tier: a subscription platform whose features and current pricing are published on the product's pricing page.

Diagnostics or analyses offered free of charge are commercial materials and create no contractual obligation for either party.

5. Account, eligibility and credentials

• You must be 18 or older and legally capable of entering into a contract.
• The information you provide must be truthful, current and complete.
• You are responsible for keeping your credentials confidential and must notify us immediately of any unauthorised use.
• When you grant us access to third-party accounts (Google Ads, Meta Business Manager, analytics, stores, CRM), you represent that you are authorised to do so and to authorise the processing of the data they contain.
• Tokens and credentials delegated to us are stored encrypted, with access restricted to the technical staff assigned to that account, and are revoked when the engagement ends.

6. Acceptable use

You may not use the Service to:

• Produce unlawful, deceptive or discriminatory content, or content infringing third-party rights.
• Reverse engineer, perform mass scraping, or gain unauthorised access to internal systems.
• Resell platform capacity, quotas or output without express authorisation.
• Generate spam, phishing or disinformation, or breach applicable law.
• Share credentials with third parties you have not authorised.

You further undertake to comply with the terms of the linked platforms (Google, Meta, Apple, payment providers and others) and with the acceptable use policies of the artificial intelligence providers involved in the Service.

7. Client obligations regarding its own data

Where HERIHE acts as a processor, the Client is the controller and accordingly:

• Warrants that it has a valid legal basis for the data it provides or gives us access to, and that it has informed data subjects as required by applicable law.
• Determines the purposes, targeting and content of communications.
• Must forward to us without delay any data subject requests it receives, so that we can assist.
• Is responsible for the lawfulness of any lists it supplies, including those obtained from third parties.

HERIHE may refuse or halt an instruction that, in its reasonable judgement, would breach applicable law or platform policies.

8. Intellectual property

8.1 What is ours

HERIHE's code, internal databases, proprietary prompts, automations, infrastructure, methodology and trade marks are the exclusive property of the Company. No licence is granted over these assets.

8.2 What is yours

Deliverables produced specifically for the Client belong to the Client once approved and once the corresponding period has been paid. The Client retains ownership of its brand, content, data and linked accounts.

8.3 Licence you grant us

You grant us a limited, non-exclusive licence to process your data and content for the sole purpose of providing the Service. This licence ends when the engagement is cancelled, except for what we must retain by legal obligation.

9. Plans, pricing and payment

• Billing: monthly, annually or per project, as set out in the proposal or on the product's current pricing page.
• Renewal: subscription plans renew automatically until you cancel.
• Plan changes: upgrades are prorated; downgrades take effect from the following cycle.
• Add-ons: charged per usage and do not renew automatically.
• Taxes: prices exclude VAT and other local taxes, which are added according to the Client's country.
• Failed payments: after three failed attempts the account is suspended; after 30 days without regularisation it is archived.
• Media spend: budget paid to Google, Meta or other networks is distinct from HERIHE's fees and is governed by the proposal. Upon request by the end advertiser, we will disclose the amount spent on advertising on their behalf, our fees, and the associated fee structure.

10. Cancellation, refunds and exit

• Cancellation: you may cancel at any time; access continues until the end of the paid period.
• Refunds: as a general rule there are no refunds for periods already started; exceptions are assessed case by case where the Service is defective through our fault.
• Grace period: the first 7 days of the first month are fully refundable, no questions asked.
• Orderly exit: when the engagement ends you have 30 days to export Deliverables and revoke credentials. After that we delete the data, except what we must retain by legal obligation (see section 15).

11. Availability

• Monthly uptime target: 99.5% on higher tiers. No formal service level is guaranteed on entry tiers.
• Maintenance windows: announced 48 hours in advance, typically overnight Chile time.
• If an incident attributable to HERIHE causes more than 24 continuous hours of unavailability, a proportional credit is applied in the following cycle.

12. Use of artificial intelligence

• Part of the Service generates content using artificial intelligence models. That content is a creative tool, not professional advice.
• Outputs require human review before publication. You are responsible for verifying accuracy, legality and suitability.
• We do not guarantee specific commercial results (leads, sales, return on ad spend).
• We do not use your data or your Deliverables to train third-party artificial intelligence models.
• Significant decisions — approving campaigns, changing prices, sending bulk communications — always require your human approval.
• We do not make automated decisions producing legal effects or similarly significantly affecting a data subject without human involvement. You may request review of any automated decision.

13. Personal data protection: dual role

HERIHE acts in two distinct capacities, and the law applies differently to each:

13.1 Purposes and legal bases (controller role)

^(*) For B2B prospecting we maintain a documented balancing test under Article 16 quinquies of Law 21.719, available on request at datos@herihe.digital.

13.2 Retention periods

13.3 Processors and sub-processors

We process data with the support of providers acting under our instructions or the Client's. The principal ones are:

We do not sell or transfer personal data to third parties for those parties' own purposes, nor do we use it for creditworthiness assessment. The current sub-processor list is available at datos@herihe.digital.

Full detail of what data we collect and how is set out in the Privacy Policy.

14. Third-party platforms

This section sets out, platform by platform, what data we receive, what we use it for, and how it is deleted. The structure is extensible: when a new platform is added, a card or a row is added to the table in 14.4 without rewriting the document.

14.4 Other platforms

Extensible table. Each row states what data is received, for what purpose, and by what route it is deleted.

15. Data deletion — instructions

15.1 What happens next

1. Acknowledgement: we confirm receipt and give you a tracking code you can use to check the status of your request at any time by replying to the same email.
2. Identity verification: we may request minimal additional information to confirm the request comes from the data subject. That information is used only for verification and is then deleted.
3. Execution: we delete the data from our active databases, from the email and automation instances we operate, and from working copies.
4. Response: we confirm in writing what was deleted, what was retained, and why.

15.2 Deadlines

Deadlines come from the law applicable to each data subject, not from the platforms. We always act as promptly as possible and, at the latest, within the periods set out in section 16. Objection to direct marketing is executed immediately and requires no justification.

15.3 What is retained and why

Where retention rests on a legal obligation, we keep proof of the rule that requires it. If we refuse a request in whole or in part, we will explain the reason in writing and in plain language.

15.4 Deletion initiated from the platform

If you withdraw an integration's authorisation directly from Meta or Google, that withdrawal is treated as a request to delete the corresponding Platform Data and is executed within 30 days, with no need to write to us.

16. Rights by jurisdiction

A single text cannot satisfy every regime. The common rules are above; what follows is specific to each jurisdiction. The regime corresponding to your residence or to the place of processing applies.

16.1 Chile — Law 21.719

• Rights: access, rectification, cancellation (erasure), objection, portability and blocking.
• Response deadline: 15 business days from receipt of the request.
• Objection to direct marketing: immediate and requiring no justification. It is enough to reply "I DO NOT WISH TO RECEIVE COMMUNICATIONS" to any email, use the unsubscribe link, or write to the data contact.
• Complaints: to the Agencia de Protección de Datos Personales, once constituted.
• Law 21.719 takes effect around December 2026; until then we voluntarily apply this same standard alongside Law 19.628, currently in force.

16.2 Brazil — LGPD (Law 13.709/2018)

• Rights: confirmation that processing exists; access; correction; anonymisation, blocking or deletion of unnecessary or excessive data or data processed unlawfully; portability; deletion of data processed on consent; information about data sharing; information about the option not to consent; withdrawal of consent; and review of automated decisions.
• Deadlines: confirmation of existence and access are provided immediately in simplified format or, in full declaration, within 15 days. We apply the same 15-day period to the other rights.
• Channel: datos@herihe.digital.
• Complaints: to the Autoridade Nacional de Proteção de Dados (ANPD).

16.3 European Union and EEA — GDPR

• Rights: access, rectification, erasure, restriction of processing, portability, objection (including an absolute right to object to direct marketing), and not to be subject to automated decisions producing legal effects.
• Deadline: one month from receipt, extendable by a further two months where the request is complex or where there are multiple requests; in that case we will inform you within the first month.
• Withdrawal of consent: at any time, without retroactive effect on prior processing.
• Complaints: to the supervisory authority of your Member State.

16.4 California — CCPA / CPRA

• Rights: to know what personal information is collected and with whom it is shared; to delete it; to correct it; to opt out of its sale or sharing for cross-context behavioural advertising; to limit the use of sensitive personal information; and not to be discriminated against for exercising these rights.
• Deadlines: we acknowledge receipt within 10 business days and respond within 45 calendar days, extendable by a further 45 days where reasonably necessary, with notice of the reason.
• No sale or sharing: HERIHE does not sell personal information and does not share it for cross-context behavioural advertising as those terms are defined. Should that change, an opt-out link will be published before it happens.
• Channel: datos@herihe.digital. You may act through an authorised agent on proof of authority.

17. International transfers

Part of our infrastructure and of the providers we use — compute, hosting, and marketing and analytics SaaS — has servers outside Chile, principally in the United States. In those cases we adopt the safeguards required by Law 21.719 (Arts. 27–28) and, where processing falls under the GDPR, the transfer mechanisms set out in its Chapter V. Details of providers and of the instrument applicable to each are available at datos@herihe.digital.

18. Confidentiality and security

Each party will keep confidential the other's non-public information accessed in connection with the Service and will use it only to perform the Service. The obligation survives the end of the engagement.

We apply technical and organisational measures: restricted-access storage, encryption in transit (TLS/SSH), encrypted backups of central databases, access control, traceability of data origin, and a centralised suppression list. In the event of a security breach affecting personal data, we will notify the Client without undue delay and, where applicable, the authority and the data subjects, as required by applicable law.

19. Limitation of liability

To the maximum extent permitted by law:

• HERIHE's total liability to the Client, on any ground, is limited to the amount actually paid by the Client in the 12 months preceding the event giving rise to the claim.
• We are not liable for indirect damages, loss of profit or loss of business opportunity, save in cases of wilful misconduct or gross negligence.
• We are not liable for interruptions, policy changes or decisions by third-party platforms (Google, Meta, Apple, payment providers, artificial intelligence providers) beyond our reasonable control, including advertising account suspensions decided by those platforms.
• Nothing in this clause limits liability that the law declares non-excludable, nor any non-waivable consumer rights.

20. Suspension and termination

We may suspend or terminate the Service if the Client materially breaches these Terms, uses the Service for unlawful or abusive activity, endangers the integrity of the platform, or is more than 30 days in arrears. In non-critical cases we give notice and 48 hours to remedy; in critical security or legality cases, suspension is immediate. On termination, the exit process in section 10 and the deletion process in section 15 apply.

21. Governing law, disputes and consumer rights

• Governing law: the laws of the Republic of Chile.
• Jurisdiction: the ordinary courts of Chile, in accordance with the venue clause to be fixed in the final version (see pending decisions).
• Prior resolution: before commencing proceedings, the parties will attempt direct resolution in writing for at least 30 days.
• Consumers: if you contract as a consumer in Chile, Brazil or the European Union, you retain in full the rights granted by the consumer protection laws of your country, which prevail over this contract wherever they are more favourable to you.

22. Changes

We may amend these Terms for legal, technical or business reasons. Material changes will be notified 30 days in advance by email and by prominent notice on the site. If you do not agree, you may cancel at no cost during that period. Continuing to use the Service after the effective date constitutes acceptance. Every published version states its last-updated date.

23. Contact

• Personal data, rights and deletion: datos@herihe.digital
• Phone: +56 9 4043 5095
• Address: Cochrane 639, of. 54, Valparaíso, 2361806, Chile
• Related documents: Privacy Policy · Data deletion instructions