These Terms and Conditions govern the use of the website data-metrics.pro, Datametrics' professional services and the Datametrics Applications we operate on third-party platforms. By using the site, contracting a service or connecting an application you accept these terms.
1. Who we are
Datametrics Technology S.A.C. ("Datametrics", "we"), Peruvian tax ID (RUC) 20611645971, Cal. Enrique Palacios 360, Int. 608, Miraflores, Lima 15074, Peru. Contact: sergio@data-metrics.pro (general), privacy@data-metrics.pro (privacy), security@data-metrics.pro (security), +51 933 363 169. The trade name "Hacker Sergio" and the brand "data-metrics.pro" belong to Datametrics.
2. Definitions
- Site: data-metrics.pro and its subdomains.
- Professional services: Odoo ERP implementation, audit, rescue and support; data engineering; analytics; integrations; marketing and operations automation. Contracted through a specific proposal or agreement.
- Datametrics Applications: software developed or operated by Datametrics that connects, with the Client's authorisation, to third-party platforms (Meta — WhatsApp, Instagram, Facebook, Messenger —, TikTok, LinkedIn, Google and similar) to automate conversations or schedule and publish content. Datametrics Applications include Chato (chato.lat), Datametrics' conversational-automation product.
- Client: the business or professional that contracts a service or connects a Datametrics Application to its accounts.
- End user: the person who interacts with the Client's business account (for example, writes to its WhatsApp) and therefore with a Datametrics Application.
- Platform: the third party that provides the social network or messaging channel and its APIs.
3. Use of the site
- Site content (articles, guides, checklists, calculators, case studies) is informational and reflects our professional experience. It is not legal, accounting or tax advice. References to SUNAT, SII, DIAN, SAT, AFIP/ARCA, SIFEN, DGI and other regulators may change; always check the official source or your adviser.
- You may link to and quote our content with attribution. You may not reproduce it in full, resell it or present it as your own without written permission.
- You may not use the site to introduce malicious code, perform mass automated content extraction, submit forms automatically or abusively, or impersonate others.
- Site forms collect data as described in our Privacy Policy. Submitting a form does not by itself create a contractual relationship.
4. Professional services
- Contracting. Each service is defined in a proposal or agreement detailing scope, deliverables, timeline, price and payment terms. If the proposal and these terms conflict, the proposal prevails.
- Prices. Prices shown on the site are indicative, expressed in US dollars unless stated otherwise, and exclude taxes and third-party licences or subscriptions (for example Odoo Enterprise, hosting, messaging services), which are borne by the Client.
- Client cooperation. The Client agrees to provide the access, information and decisions needed within the agreed timeframes. Delays attributable to the Client may shift the schedule.
- Intellectual property. Unless agreed otherwise, delivered and paid-for code, configurations and reports become the Client's. Datametrics retains ownership of its pre-existing tools, methodologies, templates and reusable components, for which it grants the Client a non-exclusive licence for the purpose of the project. Third-party software (Odoo, libraries, services) is governed by its own licences.
- Warranty. We fix, free of charge, defects in deliverables reported within the warranty period set in the proposal (by default 30 days from delivery). This does not cover scope changes, modifications made by third parties or failures of third-party software.
- No guarantee of business results. We work with data-based estimates but do not guarantee specific savings, sales, rankings or return-on-investment figures.
5. Datametrics Applications
5.1 Authorisation and account ownership
- You may only connect Platform accounts that you own or that you are expressly authorised to act on. By connecting an account you represent that you have that authorisation.
- Access is granted through the Platform's official flow (for example Facebook Login for Business or WhatsApp Embedded Signup). We will never ask for passwords. You can revoke access at any time from the Platform or by asking Datametrics.
- You are responsible for keeping your Platform accounts in good standing (business verification, Platform payment methods, messaging limits, display name, etc.).
5.2 Compliance with Platform policies
- Use of Datametrics Applications is subject to each Platform's terms and policies, which you agree to comply with: the Meta Platform Terms and its business-messaging policies for WhatsApp and Messenger, the Instagram Terms of Use, the TikTok Developer Terms of Service, TikTok Commercial Terms and TikTok Business Messaging policies, the LinkedIn developer terms and the Google API Services User Data Policy, among others.
- In particular, on messaging channels you agree to: (a) obtain the End user's prior opt-in before sending business-initiated messages; (b) respect the response windows and template categories set by the Platform; (c) not send unsolicited or bulk communications ("spam"); (d) honour End users' opt-out requests immediately; (e) not use the channels for content prohibited by the Platform or by law.
- If a Platform restricts, suspends or closes your account for breaching its policies, Datametrics is not responsible for that decision or its consequences.
5.3 Automated assistants and artificial intelligence
- Automatic replies may be generated with rules or with artificial-intelligence models. We configure assistants to identify themselves as automated where the Platform or the law requires it, and to offer hand-over to a human.
- AI models can make mistakes. The Client is responsible for reviewing the assistant's configuration, instructions ("prompt") and knowledge base, and for not using it to provide medical, legal, financial or other regulated advice without adequate human supervision.
- The Client will not use assistants to deceive, discriminate against, harass or manipulate End users, nor to collect special categories of data (health, beliefs, sexual orientation, biometrics, etc.) without a sufficient legal basis.
5.4 Prohibited uses
It is prohibited to use Datametrics Applications to: send spam or non-consented messages; impersonate others; distribute illegal, misleading, defamatory, violent or rights-infringing content; scrape Platform data; circumvent Platform technical or security limits; resell access to the application without authorisation; or engage in any activity that jeopardises Datametrics' relationship with the Platforms.
5.5 Personal data and roles
With respect to End-user data that Datametrics Applications process on the Client's behalf, the Client is the data controller and Datametrics acts as processor, as described in the Privacy Policy and in our Data Processing Agreement, which forms part of the proposal. The Client warrants that it informs its End users of the processing and has a legal basis for it.
5.6 Availability and changes
- Datametrics Applications depend on Platform APIs. We do not guarantee uninterrupted availability: Platforms may change, limit or withdraw features or permissions without notice, and we reserve the right to adapt or withdraw affected features.
- We may temporarily suspend an application for maintenance, for security, or if we detect use contrary to these terms or a Platform's policies. We will notify you unless urgency or the law prevents it.
- When the service ends or authorisation is revoked, we delete access and refresh tokens immediately and application data — including conversation threads, comments and End-user identifiers from TikTok and other messaging channels — within 30 days, as stated in the Privacy Policy and on our Data Deletion page.
6. Payments, cancellation and refunds
- Payment terms (milestones, advances, monthly subscription) are set in the proposal. Invoices are issued in accordance with Peruvian regulations.
- Subscription services (ongoing support, application operation) renew for equal periods unless cancelled at least 15 days before the end of the current period.
- Amounts paid for work already performed or for subscription periods already started are non-refundable, unless the proposal states otherwise or applicable law requires it.
- Non-payment may lead to suspension of the service after notice.
7. Limitation of liability
- Datametrics is liable for direct damages caused by wilful misconduct or gross negligence. To the extent permitted by law, our total liability for any claim related to a service or application is limited to the amount paid by the Client for that service in the 12 months preceding the event giving rise to the claim.
- We are not liable for indirect damages, loss of profit, data loss caused by third parties, or decisions, changes or outages of Platforms or other external providers.
- The Client will hold Datametrics harmless from third-party or Platform claims arising from the Client's breach of these terms, of Platform policies or of data-protection and commercial-communications law.
8. Confidentiality
Both parties will treat as confidential the non-public information they access in the course of the relationship (business data, credentials, prices, methodologies), will not disclose it to third parties and will not use it for purposes other than the service, during the relationship and for 3 years afterwards. Case studies and references are published only with the Client's authorisation or in anonymised form.
9. Term and termination
Either party may terminate a service as provided in the proposal. Datametrics may terminate immediately if the Client materially breaches these terms, a Platform's policies or the law. Termination does not affect amounts accrued or clauses that by their nature survive (intellectual property, confidentiality, limitation of liability, governing law). Upon termination of a Datametrics Application, access and refresh tokens are deleted immediately and conversation data within 30 days (section 5.6).
10. Changes to these terms
We may amend these terms by publishing the new version on this page with its effective date. For ongoing services, material changes will be communicated to the Client at least 15 days in advance; if the Client disagrees, it may terminate the service before they take effect.
11. Governing law and jurisdiction
These terms are governed by the laws of the Republic of Peru. For any dispute the parties will first seek an amicable solution; failing that within 30 days, they submit to the courts of Lima Cercado, Peru, without prejudice to mandatory consumer-protection rules that may apply in the Client's country.
12. Contact
Datametrics Technology S.A.C. · RUC 20611645971 · Cal. Enrique Palacios 360, Int. 608, Miraflores, Lima 15074, Peru · sergio@data-metrics.pro · Privacy: privacy@data-metrics.pro · Security: security@data-metrics.pro · +51 933 363 169