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.
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:
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:
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.
2.1. TITANPush will provide Users with access to the Site to create and manage messages and/or advertising campaigns directly and indirectly, through, for example: Relationship: Conversations; Activation: WhatsApp, Ads, Push Notifications, AI Visibility, Linkpage; On-site: Promotions, Banners, Pop-ups, Highlights, History, Most Popular, AI Recommended; 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.
3.1. 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.
4.1. 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.
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.
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.
6.1. 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.
7.1. 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.
8.1. 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.
9.1. 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, the total responsibility of TITANPush towards the Users with respect to any service, whether direct or indirect, will exceed the price paid by the Users for the provision of the Service contracted by them.
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; 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. "Co-pilot" 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) Co-pilot 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 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.
9.9 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:
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.
10.1. 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.
10.2. 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.
10.3. 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.
10.4. Metrics: "Ads" will provide Users with the following metrics:
These metrics are reported for the following types of ads:
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.
10.5. 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.
11.1. The rights of the Site and the Services are reserved and belong to TITANPush.
11.2. 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.
11.3. 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.
11.4. Total or partial reproduction is prohibited without the express authorization of TITANPush.
12.1. 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.
12.2. TITANPush declares that the Personal Data of the Users will be used only for the purposes mentioned in the First Clause.
12.3. 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).
12.4. 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.
13.1. 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.
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.
If you have any questions about these Terms and Conditions of Use, please contact us at info@titanpush.com