These Terms of Service (the “Terms”) govern the use of Ernesto, the AI-powered WhatsApp virtual assistant provided by El Parque Software Factory(“El Parque”, “we”). By starting a conversation with Ernesto, you accept these Terms in full, as well as our Privacy Policy, which forms an integral part of this agreement. If you do not agree, please refrain from using the service.
1. Acceptance and capacity
By starting a conversation with Ernesto through a WhatsApp message to El Parque's business number, you declare that:
- You are at least 18 years old and have full legal capacity to contract under article 26 of the Argentine Civil and Commercial Code.
- If you act on behalf of a legal entity or another individual, you have sufficient authority to bind them.
- You have read and accepted these Terms and the Privacy Policy.
Ernesto is not intended for users under 18 years of age. Processing of data belonging to adolescents between 13 and 17 is governed by the Privacy Policy.
2. Description of the service
Ernesto is a virtual assistant operated by artificial intelligence. It is not a human being. Its responses are generated automatically through natural language models. The service is designed to:
- Handle initial commercial inquiries about El Parque Software Factory's services.
- Provide general information about our offering (web development, mobile applications, APIs, SEO, and integrated web systems).
- Route the inquiry to a human team member when the complexity or subject matter requires it, or when the user requests it.
The service is provided by Javier Francia (CUIT 20-34437777-5), an Argentine individual (monotributista) registered under the Simplified Regime for Small Taxpayers administered by the Agencia de Recaudación y Control Aduanero (ARCA, formerly AFIP), trading under the commercial name “El Parque Software Factory”, with jurisdiction in the City of Buenos Aires, Argentina, and electronic domicile for legal notices (art. 75 of the Argentine Civil and Commercial Code) at javifrancia@gmail.com.
3. Free of charge
Ernesto is free of charge for the user. El Parque does not charge any fee for answering your inquiries. Any data, internet, or mobile carrier charges associated with using WhatsApp are the sole responsibility of the user.
4. Service limitations
Ernesto does not provide:
- Binding quotes, final prices, firm estimates, or binding commercial offers.
- Contracts or other legally binding instruments.
- Legal, tax, financial, medical, accounting, or any other professional advice.
- Emergency services or urgent support.
- Technical support for already-delivered products (handled through the team's usual channels).
Any formal commercial commitment requires explicit communication with a human member of the El Parque team.
5. Service hours
Ernesto responds live during the following hours, in Argentina time (GMT-3):
- Monday to Friday: 8:00 AM to 8:00 PM.
- Saturdays: 8:00 AM to 12:00 PM.
- Sundays and holidays: no service.
Outside service hours, incoming messages are stored and processed when the channel reopens. We do not guarantee response times outside the indicated hours.
6. Non-binding responses
Artificial intelligence can make mistakes and produce inaccurate or outdated information. Ernesto's responses are informational and do not constitute a binding commercial offer by El Parque. Before making any significant decision based on information provided by Ernesto, we recommend verifying it with a human member of the team.
You have the right, at any time, to request the intervention of a human and to challenge automated responses, as set forth in the Privacy Policy and in AAIP Resolution 161/2023.
7. Acceptable use
By using Ernesto, you agree to:
- Not send spam, unsolicited bulk messages, or automated repetitive content.
- Not send illegal, violent, abusive, discriminatory, pornographic, defamatory, deceptive, or third-party rights infringing content.
- Not attempt to manipulate, deceive, or exploit the AI system (including jailbreak attempts, prompt injection, or efforts to obtain confidential information about the underlying model or our internal instructions).
- Not use the service for purposes other than a good-faith inquiry about El Parque's services.
- Not impersonate any person or provide false information about yourself or third parties.
- Not use automated tools (bots, scrapers) to interact with Ernesto.
- Not use the service in a way that may affect its availability, security, or integrity.
8. User content and indemnity
You retain any rights you may have in the content you send to Ernesto. By sending it, you grant El Parque a limited, non-exclusive, worldwide, royalty-free and fee-free license, for the period strictly necessary, to: (i) transmit, process, and store such content in order to operate the service; (ii) generate the assistant's responses; and (iii) internally audit service quality, in accordance with the Privacy Policy. This license terminates upon deletion of the data in accordance with the Privacy Policy.
You are solely responsible for the content you submit. You agree to hold El Parque, its employees, directors, and representatives harmless from third-party claims (including reasonable legal defense costs and fees) arising from: (a) content submitted in breach of these Terms; (b) infringement of third-party rights (intellectual property, privacy, reputation); or (c) use of the service contrary to applicable law.
9. Intellectual property
The Ernesto system —including its name, identity, conversational logic, internal prompts, workflows, design, logo, branding, and source code— is the exclusive property of El Parque Software Factory or duly licensed to it. Reproduction, distribution, reverse engineering, decompilation, modification, or commercial use without prior written authorization is prohibited.
The text of Ernesto's generated responses may not be reused for commercial purposes or presented as the creation of a third party.
10. Modification and discontinuation of the service
El Parque may modify, suspend, limit, or discontinue the Ernesto service, in whole or in part. When changes are material or entail a significant reduction of the service, we will communicate them with reasonable advance notice before their entry into force, through the same WhatsApp channel at the registered number, allowing you to discontinue use of the service before such date. For legal reasons, security, or force majeure, El Parque may apply changes or suspend the service immediately, with subsequent notice to the user.
11. Blocking for misuse
El Parque may block access to the service for WhatsApp numbers that engage in conduct contrary to Section 7 (Acceptable use). As a general rule, we will give a prior warning through the same channel, stating the reason and providing an opportunity to remedy. For serious, repeated, or unlawful conduct (for example, sending illegal content, systematic attempts to exploit the system, or security breaches), the block may be applied immediately, with an explanation to follow upon the user's request through the contact channel.
12. Limitation of liability
The service is provided “as is”, given its free, automated, and informational nature. To the maximum extent permitted by applicable law, El Parque shall not be liable for the accuracy, availability, continuity, or fitness of the service for a particular purpose, nor for indirect, incidental, consequential damages, lost profits, or loss of opportunity arising from the use of Ernesto or the inability to use it.
The limitations in this section do not exclude or restrict El Parque's liability where the law does not allow such exclusion, including —without limitation— cases of willful misconduct or gross negligence, liability to consumers under Argentina's Consumer Protection Act (Law No. 24,240), or non-waivable rights recognized under Argentine law.
13. Force majeure
Neither party shall be liable for failure or delay in the performance of its obligations when due to force majeure or fortuitous events under article 1730 of the Argentine Civil and Commercial Code, including —without limitation— widespread power outages, cyberattacks, armed conflicts, governmental measures, interruptions of services provided by third parties (Meta, Anthropic, AWS), or weather events that reasonably prevent or hinder performance.
14. Notices
Unless these Terms provide otherwise, notices to:
- El Parque shall be sent to info@elparquefactory.com, to the address indicated in Section 20, or through the service's WhatsApp channel.
- The user shall be sent to the WhatsApp number from which the user interacted with Ernesto or, as applicable, to the email address provided by the user.
15. Changes to these terms
El Parque may update these Terms. The “last updated” date at the top of the document reflects the current version. When changes are material, we will communicate them with reasonable advance notice through the WhatsApp channel at the registered number. Continued use of the service after the new version takes effect implies acceptance. If you do not agree, you may stop using the service and exercise the rights set forth in the Privacy Policy.
16. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. El Parque may assign them, in whole or in part, to affiliates within the same economic group, or by merger, acquisition, or corporate reorganization, with notice to the user through the service channel.
17. Severability and entire agreement
If any provision of these Terms is held to be null, ineffective, or unenforceable, such nullity shall not affect the remaining provisions, which will remain in full force and effect. The parties shall endeavor to replace the affected clause with a valid one reflecting, as closely as possible, the original intent.
These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the use of Ernesto and supersede any prior agreement on the subject.
18. Governing law, jurisdiction and consumers
These Terms are governed by the laws of the Argentine Republic.
Where the user qualifies as a consumerunder Argentina's Consumer Protection Act (Law No. 24,240), it is expressly acknowledged that:
- All rights afforded by consumer protection law remain fully applicable, including non-waivable rights.
- Any disputes may be submitted, at the consumer's choice, to the competent courts in accordance with article 36 of Law No. 24,240, including those of the consumer's actual domicile. No provision of these Terms shall be construed as a waiver of such forum.
- The consumer may resort to the competent consumer protection authorities and to the complaint and conciliation mechanisms in force under the regulatory framework applicable at the time of the claim (Law No. 24,240 and related regulations).
Where the user does not qualify as a consumer, disputes shall be submitted to the Ordinary Courts of the City of Buenos Aires, unless otherwise agreed.
19. Language and prevailing version
These Terms are published in Spanish and English. In the event of any discrepancy between the two, the Spanish version shall prevail as the authentic text.
20. Contact
For any inquiry regarding these Terms:
- Provider: Javier Francia
- Tax ID (CUIT): 20-34437777-5 (monotributista)
- Trading name: El Parque Software Factory
- Contact email: info@elparquefactory.com
- Electronic domicile for legal notices: javifrancia@gmail.com
- Jurisdiction: City of Buenos Aires, Argentina
The provider's full registered fiscal address is on file with the Argentine Tax Authority (ARCA, formerly AFIP) and may be disclosed upon a reasoned request from a competent authority.