Terms and Conditions

1. Acceptance and electronic contracting

By accessing or using DiAgent you agree to these Terms of Service and our Privacy Policy, which is part of these terms. If you do not agree, do not use the platform.

If you use the service on behalf of a company or other entity, you represent that you have authority to bind it, and “you” includes that entity.

You agree to contract electronically: clicking “Create account,” registering, or using the service constitutes your signature, and notices and documents we deliver electronically satisfy any legal writing requirement (including, for United States users, the E-SIGN Act and applicable UETA statutes).

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. People aged 13 to 17 may only use the service with the consent and under the supervision of a parent or guardian who agrees to be bound by these terms.

The service is not directed to children under 13 and we do not knowingly collect their data (consistent with the U.S. COPPA statute). If we learn an account belongs to a child under 13, we will close it and delete its data.

3. The service and how it works

DiAgent is a digital service (software as a service) for creating personalized AI agents. You upload your own content — PDF documents, web pages, or text — and the platform builds a conversational agent that answers based on that material. Each agent is published through a public link, an embeddable widget, a QR code, or messaging channels and integrations you connect (for example WhatsApp, Telegram, or Slack).

It is a personalized service in that every agent is configured with the content, instructions, and branding you define: you create the agent from your dashboard, load your knowledge, tune its behavior, and publish it when it's ready. The whole process is self-service from your account, with no manual intervention on our side. The service is delivered entirely online; there are no physical products and nothing is shipped.

The service is under active development and may change, add, or remove features over time. If a change materially affects a core feature of a paid plan, we will make reasonable efforts to notify you in advance.

4. Your account

You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must provide accurate, up-to-date information when registering and notify us promptly of any unauthorized access.

We may ask for reasonable identity verification where necessary for security or legal compliance.

5. Acceptable use and misuse protection

You agree not to use DiAgent for unlawful purposes or to upload or distribute content that infringes third-party rights or is deceptive, defamatory, harassing, discriminatory, or promotes harm.

You must not: introduce malware or harmful code; probe, scan, or breach the platform's security; scrape or bulk-extract data; circumvent usage limits, metering, or billing; resell the service without our authorization; send spam or unsolicited communications through your agents; or impersonate any person or organization or pass off AI-generated content as human-authored where the law requires disclosure.

We may monitor the service for abuse, apply rate limits, remove content, or restrict accounts that violate these terms, and report unlawful activity to authorities where appropriate.

6. Prohibited and high-risk AI uses

You may not use the service to generate or distribute child sexual abuse material, incite violence, plan illegal activity, develop weapons, or unlawfully surveil or manipulate people.

Do not use agents to make fully automated decisions with legal or similarly significant effects on people (credit, employment, housing, insurance, healthcare, judicial or immigration decisions) without qualified human review, or in safety-critical contexts where a failure could cause physical harm.

If you operate in a regulated professional field (legal, medical, financial, or similar), your agents' responses must be reviewed by a licensed professional before anyone relies on them.

7. Your content and the license you grant us

You retain full ownership and all intellectual property rights in the content you upload: documents, URLs, text, images, avatars, audio, and any other material (“Your Content”). Nothing in these terms transfers ownership of Your Content to us.

You grant DiAgent a worldwide, non-exclusive, royalty-free license — sublicensable only to our service providers — to host, store, reproduce, process, adapt (for example, to generate embeddings), transmit, and display Your Content for the sole purpose of operating, securing, and improving the service and your agents. The license ends when you delete the content, except for transient backup copies and anything we are legally required to retain.

We do not use Your Content to train our own or third parties' foundation models, and we claim no ownership over it.

8. Representations about your content

You represent and warrant that you own Your Content or hold all rights, licenses, and consents needed to use it on the service — including consent from people who appear in images or audio and a legal basis for any personal data it contains.

Your Content must not violate the law or third-party rights (intellectual property, privacy, likeness, or publicity). You are solely responsible for Your Content; we do not pre-screen it, but we may remove it if it violates these terms.

9. Our intellectual property

The platform, software, trademarks, designs, and all DiAgent material belong to us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable right to use the service under these terms.

You may not copy, modify, decompile, or reverse engineer the platform except to the extent expressly permitted by law.

If you send us suggestions or feedback, we may use them without restriction or compensation.

10. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe content hosted on DiAgent infringes your copyright, send a notice to nico@diagent.io with the information required by Section 512(c)(3) of the U.S. DMCA: identification of the work, the location of the material, your contact details, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature.

The affected user may submit a counter-notice meeting the requirements of Section 512(g). We maintain a policy of terminating the accounts of repeat infringers.

11. AI-generated responses

Agent responses are generated automatically by probabilistic AI models and may contain errors, inaccuracies, omissions, or inappropriate content. Verify outputs before relying on them. They do not constitute professional advice (legal, medical, financial, or otherwise).

As between you and us, we assign to you any rights we may hold in the responses generated by your agents. Note that, given the nature of AI, other users may receive similar outputs, and we do not guarantee that outputs will not infringe third-party rights.

You are responsible for reviewing and supervising the responses of the agents you publish, especially when they interact with your customers.

12. Your end users

If you publish agents for your own customers or users, you are responsible for everything your agents communicate and for complying with the law toward those users: clearly disclosing that they are interacting with an AI (including bot-disclosure rules such as California's B.O.T. Act), providing your own privacy notice, and obtaining any legally required consents — for example, the prior consent required by the U.S. TCPA for automated calls or messages, and any applicable marketing consents.

For your end users' personal data, you act as the data controller and we act as a processor handling it on your instructions, under the Privacy Policy and, where the law requires, a data processing agreement (DPA) available on request.

13. Data protection, GDPR, and consents

We process personal data as described in our Privacy Policy. Where the GDPR (or UK GDPR) applies, we process your data on valid legal bases, honor your rights of access, rectification, erasure, portability, restriction, and objection, and use recognized safeguards (such as standard contractual clauses) for international transfers.

Where a feature requires your consent — for example connecting third-party integrations via OAuth or receiving marketing emails — we will ask for it separately, and you can withdraw it at any time without affecting your use of the rest of the service.

14. Data retention and deletion

We keep your data and Your Content while your account is active and as needed to provide the service. You can delete agents and their knowledge bases at any time from your dashboard.

Deleted content is removed from production systems within 30 days and from encrypted backups within 90 days. If you request account deletion, we delete or anonymize your personal data within 30 days, except what we must keep for legal obligations (for example tax records), fraud prevention, or to establish or defend legal claims — and only for as long as the law requires.

15. Plans, purchasing, and payments

DiAgent offers a free plan and paid subscription plans (Starter, Pro, Business, and Enterprise); current prices and limits are always shown on the Pricing page. Purchasing is 100% online: 1) you create your account and pick a plan (billed monthly, or annually at a discount); 2) you complete your billing details (full name, address, and phone) in Settings; 3) you confirm the purchase choosing the payment method — Mercado Pago (cards or account balance) or direct credit/debit card (Visa, Mastercard, American Express) processed by dLocal Go; 4) you are redirected to the chosen processor's secure payment page — you never enter card details on our site; 5) the plan activates only once the processor confirms the payment.

With both payment methods the subscription is recurring: you authorize the charge once and it renews and charges automatically each period (monthly or annual) until you cancel. The end of the current paid period is shown in your Settings. Optional add-ons are purchased the same way: Usage Credits (a prepaid balance for messages beyond your plan's quota, as one-time top-ups or auto-recharge) and the Video Chat add-on. Amounts are expressed in US dollars (USD); depending on the payment method, the processor may convert and charge the equivalent in your local currency. Prices may not include taxes, which apply based on your jurisdiction. We may change prices with advance notice; the new price takes effect from the following billing cycle.

You can cancel anytime, self-service and free of charge; cancellation stops future renewals and you keep access until the end of the period already paid for, after which your account moves to the free plan without losing your agents or content. Unless applicable law requires otherwise (including non-waivable consumer withdrawal rights), payments are non-refundable for partial periods and unused credits are not redeemable for cash. If a charge was duplicated or mistaken, write to us and we'll review it: payments verified as incorrect are refunded through the same payment method. If the processor reports a payment reversal or chargeback, the associated features are deactivated from that moment.

16. Third-party integrations

If you connect third-party services (for example Google, Microsoft, Slack, WhatsApp, or Telegram), your use of them is also governed by those providers' terms. We are not responsible for the availability or behavior of external services, and you can disconnect them at any time.

17. Export controls and sanctions

You agree to comply with applicable export control and sanctions laws, including those of the United States (OFAC and the EAR). You represent that you are not located in an embargoed country, are not on any sanctioned-party list, and will not use the service for the benefit of sanctioned persons or countries.

18. Suspension and termination

We may suspend or close accounts that breach these terms, create legal or security risk, or abuse the service. Where reasonable, we will notify you and give you an opportunity to cure the breach.

You may stop using the service and delete your account at any time. Upon termination, the licenses each party granted end and your data is handled under Section 14. Sections that by their nature should survive (intellectual property, limitation of liability, indemnification, and dispute resolution, among others) survive termination.

19. Availability and warranties

The service is provided “as is” and “as available,” without express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation, to the maximum extent permitted by law. We make reasonable efforts to keep it available and secure.

This disclaimer does not affect warranties granted to you as a consumer by law that cannot be waived.

20. Limitation of liability

To the maximum extent permitted by law, DiAgent shall not be liable for indirect, incidental, special, or punitive damages, lost profits, or loss of data or goodwill arising from your use of or inability to use the service, including damages caused by AI-generated responses or decisions made in reliance on them.

Our total aggregate liability for any claim related to the service will not exceed the greater of (a) the amounts you paid us in the 12 months preceding the event giving rise to the claim and (b) 100 U.S. dollars.

These limitations do not apply to liability that the law does not allow to be limited (such as willful misconduct, gross negligence, or non-waivable consumer rights); in those jurisdictions, liability is limited to the maximum extent permitted.

21. Indemnification

You agree to hold DiAgent, its owners, and its collaborators harmless from third-party claims, damages, and reasonable expenses (including legal fees) arising from: Your Content; the agents you publish and their interaction with your end users; your breach of these terms; or your violation of the law or third-party rights. This obligation does not apply to the extent your jurisdiction's law prohibits it for consumers.

22. Dispute resolution, arbitration, and class action waiver

Before starting any formal claim, both parties will try to resolve the dispute in good faith: email us at nico@diagent.io describing the issue and allow 30 days to seek an informal resolution.

If you reside in the United States: any dispute not resolved informally will be settled by final, binding, individual arbitration administered by the American Arbitration Association (AAA) under its consumer rules, governed by the Federal Arbitration Act (FAA). Claims in small-claims court and judicial actions to protect intellectual property rights are excluded. You may opt out of this arbitration agreement by emailing us within 30 days of accepting these terms.

CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU AND DIAGENT WAIVE ANY RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS, AND WAIVE TRIAL BY JURY. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable as to a particular claim, that claim will proceed in the competent courts and the rest of this section remains in effect.

If you reside outside the United States, disputes will be submitted to the ordinary courts of the City of Buenos Aires, Argentina, without prejudice to mandatory rules that let you litigate in your place of residence as a consumer. To the extent permitted by applicable law, you also agree to bring claims only on an individual basis.

23. Governing law

These terms are governed by the laws of the Argentine Republic. For United States users, the FAA governs the arbitration agreement in Section 22, and you keep any rights granted by the mandatory consumer protection laws of your state of residence.

If the Spanish and English versions of these terms diverge, the Spanish version prevails.

24. General provisions

These terms, together with the Privacy Policy, are the entire agreement between you and DiAgent regarding the service. If any clause is held invalid, the rest remain in full force. Our failure to enforce a right is not a waiver of it.

You may not assign these terms without our consent; we may assign them to an affiliate or in connection with a reorganization or sale of the business. There are no third-party beneficiaries. Neither party is liable for failures caused by force majeure or events beyond its reasonable control.

25. Changes to the terms

We may update these terms. If changes are material, we will notify you at least 15 days in advance by email or in the platform and update the “Last updated” date. Continued use of the service after the effective date means you accept the terms then in effect; if you disagree, you may close your account before that date.

26. Contact

Questions about these terms? Email us at nico@diagent.io.

Site legal information

This site is administered by Nicolás Gastón Espino Pazos, CUIT/CUIL 20928779603, domiciled in the Argentine Republic. Contact: nico@diagent.io.