This English version is a courtesy translation. If there is any discrepancy, the Spanish version prevails.
1. Who we are and what these terms apply to
TERABY is a trade name of Diseño Audiovisual, a Guatemalan company with NIT (Guatemalan tax ID) 2500741-6 and offices at Edificio Insigne, oficina 1013, Zona 15, Vista Hermosa II, Guatemala ("TERABY," "we," "us").
These terms apply to the use of teraby.com and to the engagement of our assessment, training, implementation and ongoing support services by companies and professionals ("the client"). Each service is detailed in a written proposal or contract; if anything in that proposal or contract conflicts with these terms, what was agreed in it prevails.
2. Copyright
The text, design, videos, images, training materials and all other original content of teraby.com and of our services are protected by copyright and belong to Diseño Audiovisual, unless another owner is indicated.
Copyright notice
© Diseño Audiovisual. All rights reserved. You may quote short excerpts provided you cite the source; any other reproduction or commercial use requires our written authorization.
3. Trademarks
TERABY, its symbol and its logo are distinctive signs of Diseño Audiovisual and may not be used without authorization. Third-party trademarks mentioned on the website or in our materials (including WhatsApp and Meta, Google, Microsoft, Anthropic and Claude, OpenAI and ChatGPT) belong to their respective owners and are cited for descriptive purposes only; TERABY is not affiliated with those companies unless expressly stated.
4. Privacy
The processing of personal data is described in the Privacy Policy and the Cookie Policy.
5. Software and tools
Our services rely on third-party software and platforms (for example, automation tools, artificial intelligence models, WhatsApp Business or office suites). Their use is subject to each provider's terms. The licenses, subscriptions and usage charges for those platforms that the client needs are stated in the proposal.
6. Certain restrictions
When using the website or our services, you may not: copy, resell or distribute our training materials, templates or methodology; attempt to access non-public areas or data; interfere with the operation of the website; or make automated or bulk submissions to its forms. More details in the Legal Notice.
7. Authorized users
The training, materials and tools we deliver are for the people at the client company identified in the proposal (for example, the participants in a training session). Sharing them with people outside the company requires our authorization.
8. License
Upon paying for a service, the client receives a non-exclusive, non-transferable license to use internally, within its company, what we implement and deliver: automations, integrations, AI agents, prompts and materials. The license does not permit reselling or redistributing those deliverables as the client's own product.
9. Submission of information
Submitting a form, the assessment questionnaire or a request for a proposal does not create any engagement. The client is responsible for ensuring that the information, access credentials and data it shares with us are accurate and that it has the right to share them with us.
10. Confidentiality
We treat as confidential the internal information the client shares with us during an assessment or a project (processes, figures, customer data, access credentials) and use it only to provide the service. This obligation continues after the relationship ends. We sign non-disclosure agreements (NDAs) when the company requires them.
11. Intellectual property rights
- The client's: its data, its information, its trademarks and the content it provides to us remain its own.
- TERABY's: we retain ownership of our templates, methodology, training materials, reusable components and technical know-how, including those we use or improve during a project.
- Source code: we deliver the source code of the implementations to clients who request it in writing, for use under the license described in section 8.
12. Payments
- Prices published on the website serve as a reference. The final price of each service is the one set out in the applicable quote or proposal, according to team size, scope and format.
- Unless the proposal states otherwise, services are paid 50% in advance to begin and 50% upon delivery.
- The full assessment requires no advance payment: it is paid upon delivery of the results.
- We accept bank transfer, deposit and card.
- If a payment is late, we may pause the service until it is brought up to date.
13. Taxes
Published prices do not include IVA (Guatemalan value-added tax), which is added to the invoice in accordance with Guatemalan law. For clients in other countries, any taxes, withholdings and bank or transfer fees applicable in their country are borne by the client, unless otherwise agreed in writing.
14. Discounts
If, after the full assessment, the client engages TERABY for training, implementation or ongoing support, we deduct 50% of the cost of the assessment. The discount is valid for the 3 months following delivery of the assessment results and applies only once. Other discounts or promotions are stated in writing in the proposal.
15. Acceptable use policy
The client agrees to use the automations, AI agents and tools we implement lawfully and in compliance with each platform's policies. In particular, the client may not use them to send unsolicited bulk messages (spam), deceive or impersonate other people, process personal data without a legitimate basis, or for unlawful activities. We may suspend a service that is being used in that way.
16. Assessment
- The quick assessment (the website's Evaluación TERABY, in Spanish) is free of charge and for guidance only.
- The full assessment is priced as set out in the applicable quote or proposal, plus IVA, is delivered within 10 to 15 days, and includes interviews with the company's leaders. It is paid upon delivery of the results.
- Timelines depend on the company completing the questionnaire and scheduling the interviews on time.
17. Training services
- Training (a 4-hour induction, online or in person, with training materials and up to 30 employees) is priced as set out in the applicable quote or proposal, plus IVA. Broader programs are quoted separately.
- It is paid 50% in advance to reserve the date and 50% upon delivery.
- If the client needs to change the date, the training is rescheduled. The advance payment is not refunded in the event of cancellation.
18. Implementation services
Automations, integrations and AI agents are quoted per project. The proposal defines the scope, deliverables, timelines and what the company must provide (access, information, contact persons). Changes in scope are quoted separately. They are paid 50% in advance and 50% upon delivery, unless the proposal states otherwise.
19. Monthly ongoing support service
- Ongoing support is billed monthly at the price set out in the applicable quote or proposal, plus IVA, according to the scope of what has been implemented, and renews each month.
- To cancel it, the client must give written notice at least 30 days in advance.
20. Refunds and cancellations
- Full assessment: since there is no advance payment, there is nothing to refund. If the client cancels it before delivery, no charge is made unless the proposal states otherwise.
- Training: it is rescheduled; the advance payment is not refunded.
- Implementation: the advance payment covers the start-up work and is not refunded if the client cancels the project once it has begun.
- Ongoing support: it may be canceled with 30 days' notice; months already invoiced are not refunded.
21. Third-party content and services
We are not responsible for price changes, policy changes, outages or decisions of the third-party platforms on which the implementations depend (for example, the blocking of a WhatsApp account or a change to an AI model). If these occur, we will help the client find an alternative, which may be quoted separately.
22. Forward-looking statements
The savings, time frames, returns and results we mention on the website, in the ROI calculator (Calculadora ROI, in Spanish), in the Evaluación TERABY (in Spanish) or in a proposal are estimates based on the information available. They are not a guarantee: actual results depend on how the company adopts and uses the tools.
23. Hyperlinks
The website contains links to third-party pages. We do not control their content, and their inclusion does not mean that we recommend them or are responsible for them.
24. Disclaimer
The information on the website and in our materials is provided for informational purposes and may contain inaccuracies or become outdated. It does not constitute legal, accounting or tax advice. Responses from artificial intelligence systems may contain errors, so the client must review them before using them in important decisions.
25. Limitation of liability
To the extent permitted by law, TERABY's total liability for any claim related to a service is limited to the amount the client has paid for that service. We are not liable for lost profits, loss of data or indirect damages, nor for failures caused by third-party platforms or by use of the tools outside what was agreed.
26. Indemnification
The client agrees to hold TERABY harmless from third-party claims arising from misuse of the services or from information and data that the client provided to us without the right to do so.
27. Governing law
These terms and TERABY's services are governed by the laws of the Republic of Guatemala. Any dispute shall be submitted to the competent courts of Guatemala City, including when the client is located in El Salvador, Honduras or another country.
28. Termination
Either party may terminate a service as agreed in the proposal and in these terms. We may terminate it immediately if the client fails to make payments or breaches the acceptable use policy. Upon termination, the client pays for the work performed up to that date, and the provisions on confidentiality, intellectual property, limitation of liability and governing law remain in effect.
29. Severability
If any clause of these terms is held to be invalid, the remaining clauses remain in effect.
30. Changes to these terms
We may update these terms and will publish the new version here with its date. Services already engaged are governed by the terms in effect when their proposal was signed, unless both parties agree otherwise.
31. Contact information
Diseño Audiovisual (TERABY)
NIT 2500741-6
Edificio Insigne, oficina 1013, Zona 15, Vista Hermosa II, Guatemala
Email: info@teraby.com
Phone and WhatsApp: +502 4846 2841