TERMS AND CONDITIONS

Soluciones ComAura S.A.S.
Tax Identification Number (NIT): 902.105.209-6
Email: info@comaura.co
Product: ComAura DM Personalizados

Last updated: September 13th, 2026

1. Purpose and Acceptance

These Terms and Conditions govern access to, registration for, and use of ComAura DM Personalizados, a technology solution developed and operated by Soluciones ComAura S.A.S., hereinafter referred to as “ComAura.”

ComAura DM Personalizados is a technology platform designed to facilitate the preparation, personalization, and sending of communications through WhatsApp based on information provided by the customer and using the technological services and resources enabled for such purposes.

By registering for, accessing, or using the platform, the user acknowledges that they have read and understood these Terms and Conditions and agree to be bound by them.

When a person uses the platform on behalf of a company, organization, or third party, that person represents that they have the necessary authority to do so and to bind the entity they represent.

If the user does not agree with these Terms and Conditions, they must refrain from using the service.

2. Identification of ComAura

The service is provided by:

Soluciones ComAura S.A.S.
Tax Identification Number (NIT): 902.105.209-6
Email: info@comaura.co
Website: comaura.co

ComAura is a simplified joint-stock company (Sociedad por Acciones Simplificada – S.A.S.) incorporated under the laws of the Republic of Colombia.

3. Description of the Service

ComAura DM Personalizados allows customers to prepare and manage personalized communications through WhatsApp based on information supplied by the customer.

Depending on the features available at any given time, the service may allow users to:

• Prepare information for personalized communications.
• Use data structures supplied by the customer.
• Associate recipient information with predefined content.
• Generate personalized communications based on templates and information provided by the customer.
• Facilitate the sending of such communications through the technological services enabled for this purpose.
• Consult information relating to communications sent.

The available features may evolve, be modified, expanded, or discontinued when necessary for the development and operation of the service.

ComAura does not guarantee that all features will remain permanently available or that the characteristics of the service will remain unchanged.

4. Technological Nature of the Service

ComAura provides a technology tool that supports the customer's communications.

ComAura does not determine the commercial, promotional, informational, or other content that the customer chooses to send, except for those aspects strictly necessary for the technical operation of the platform.

The customer retains control over and responsibility for:

• The data uploaded to the platform.
• The individuals to whom communications are addressed.
• The content of the messages.
• The purposes of the communications.
• The authorizations or legal bases required to use the data.
• Compliance with the laws and regulations applicable to the customer.

5. Account and User Responsibility

To use certain features, the user may be required to create an account and provide information necessary for identification and operation of the service.

The user agrees to:

• Provide accurate, complete, and up-to-date information.
• Maintain the confidentiality of their credentials.
• Take reasonable measures to prevent unauthorized access to their account.
• Promptly notify ComAura of any unauthorized use they detect.
• Not allow their account to be used for unlawful activities or activities contrary to these Terms.

The user will be responsible for activities carried out through their account when such activities result from negligent use of their credentials or from failure to implement reasonable security measures under their control.

6. Personal Data and Customer Responsibility

When a customer uses ComAura to process personal data relating to their own contacts, the customer is responsible for ensuring that they have the applicable authorization, legal basis, or other lawful basis required to collect, use, and communicate such data.

The customer must comply with all applicable obligations relating to personal data protection, privacy, and communications.

When ComAura processes personal data on behalf of the customer, it will act as a Data Processor, within the scope necessary to provide the contracted service and in accordance with the customer's legitimate instructions.

ComAura's Privacy Policy forms part of the information framework applicable to the service and is available at comaura.co.

The customer must not upload data to the platform when its processing or communication would be unlawful or when the customer is not authorized to use such data.

7. Permitted Use of the Service

The customer agrees to use ComAura only for lawful purposes and in accordance with these Terms, applicable laws, and the policies of the technology providers involved in the service.

The following uses are prohibited:

• Sending fraudulent, deceptive, or unlawful communications.
• Engaging in identity theft or impersonation.
• Sending content that constitutes harassment, threats, discrimination, or incitement to violence.
• Distributing malware, malicious code, or content intended to compromise systems.
• Attempting to obtain unauthorized access to the platform or third-party systems.
• Using personal data obtained unlawfully.
• Sending communications to recipients where there is no legitimate basis for processing or communicating their data.
• Using the platform for spam, fraud, or activities that may harm third parties.
• Using the service to infringe intellectual property, privacy, or other legally protected rights.
• Attempting to circumvent technical restrictions, usage limits, or security mechanisms of the platform or of providers used by ComAura.

ComAura may take appropriate measures when it detects uses that may pose a risk to the platform, other users, third parties, or compliance with applicable legal obligations.

8. WhatsApp, Meta, and Third-Party Services

The operation of certain ComAura features depends on technological services provided by third parties, including the WhatsApp Business Platform and services associated with Meta.

The customer acknowledges that the use of such services may be subject to:

• The provider's own terms and conditions.
• Messaging and acceptable-use policies.
• Approval or review processes.
• Technical restrictions.
• Sending limits.
• Changes to APIs or functionality.
• Suspension, restriction, or termination of accounts or resources.

ComAura does not control independent decisions made by Meta or other technology providers.

Accordingly, ComAura does not guarantee that Meta will approve, maintain, or indefinitely permit the use of any particular telephone number, account, template, business resource, API, or feature.

Where an interruption, restriction, or modification originates from a third party, ComAura will seek to take reasonable measures to maintain or restore the service within its capabilities, but will not be responsible for decisions outside its reasonable control.

9. Templates and Message Content

Where the service uses message templates subject to approval by third parties, the customer is responsible for providing information and content appropriate for their approval and use.

Approval of a template by a third-party provider does not guarantee that the template will remain approved indefinitely.

ComAura may prevent or suspend the use of content that it reasonably considers incompatible with these Terms, applicable law, or the policies of technology providers.

10. Sending Communications and Responsibility for Recipients

ComAura technically facilitates the sending of communications; it does not determine who should receive them or for what purposes they should be sent.

The customer is responsible for verifying:

• The identity and accuracy of recipients.
• The accuracy of telephone numbers.
• The lawfulness of processing their personal data.
• The appropriateness of the content sent.
• Compliance with applicable requirements relating to authorization, notice, objection, withdrawal, or revocation.

If a recipient requests not to receive certain communications, the customer must take the appropriate measures to honor such request where legally required.

ComAura may provide technical mechanisms to facilitate the management of certain requests, but this does not transfer to ComAura any legal obligations that belong to the customer.

11. Plans, Limits, and Fees

Access to certain ComAura features may be subject to the plan selected and the limits established for that plan.

The features, usage limits, number of messages, included functionalities, and fees applicable to each plan will be communicated through the relevant commercial channels.

ComAura may modify its plans or fees for future periods. Where a modification affects a service already contracted for an ongoing period, the conditions applicable to that period will be respected unless otherwise agreed by the parties.

Where applicable, prices communicated to the customer will include or separately identify taxes, costs, and charges required under applicable law.

12. Payments and Suspension for Non-Payment

Where the contracted service requires payment, the customer must make such payment in accordance with the conditions and deadlines established for the applicable plan.

In the event of non-payment, ComAura may suspend certain features or access to the service, providing notice to the customer where appropriate and in accordance with the applicable conditions.

Suspension for non-payment does not extinguish payment obligations that arose before the suspension.

13. Service Cancellation

The customer may request cancellation of the service in accordance with the conditions applicable to the selected plan.

Cancellation does not affect obligations that arose before the effective termination date.

Where applicable, ComAura may establish reasonable procedures to facilitate the export or deletion of customer information, taking into account available technical capabilities, legal retention obligations, and the applicable service conditions.

14. Availability and Maintenance

ComAura will seek to keep the platform reasonably available and operational.

However, the service may experience temporary interruptions due, among other causes, to:

• Scheduled or emergency maintenance.
• Technical updates.
• Infrastructure failures.
• Connectivity issues.
• Third-party services.
• Force majeure events or circumstances beyond ComAura's reasonable control.
• Security incidents.
• Changes or restrictions imposed by technology providers.

ComAura will seek to minimize interruptions and restore the service within a reasonable period, taking into account the nature and cause of the incident.

15. Intellectual Property

All rights relating to the ComAura platform, including its software, code, architecture, interfaces, designs, graphic elements, trademarks, trade names, documentation, and other components developed by ComAura, belong to ComAura or their respective rights holders and are protected by applicable laws.

Access to the service does not constitute a transfer of intellectual property rights to the customer.

During the term of the service and within the limits of the selected plan, ComAura grants the customer a limited, non-exclusive, non-transferable, and revocable authorization to use the platform solely for the purpose of receiving the contracted services.

The customer retains any rights they may legally have over the information and content they upload to the platform.

The customer may not copy, modify, distribute, sell, sublicense, reverse engineer, or commercially exploit the platform or its components, except with ComAura's express authorization or where otherwise required by mandatory law.

16. Confidentiality

ComAura will seek to maintain the confidentiality of information provided by customers that reasonably qualifies as confidential.

This obligation will not prevent ComAura from disclosing information when:

• Required by a competent authority.
• Necessary to comply with a legal obligation.
• Necessary to provide the service through authorized providers.
• The information is already public without breach of a confidentiality obligation.
• Disclosure is necessary to protect the rights, security, or integrity of ComAura, its users, or third parties.

Specific obligations relating to personal data protection will also be governed by the Privacy Policy and by the conditions applicable to the relevant data processing.

17. Technology Services and Providers

ComAura may use specialized technology providers to provide, maintain, secure, or improve certain components of the service.

The customer acknowledges that certain technical processes may depend on infrastructure, software, hosting services, communications, authentication, payment processing, or other tools provided by third parties.

ComAura will seek to select appropriate providers for the needs of the service and will manage such relationships in accordance with its applicable obligations.

18. Reasonable Limitation of Liability

ComAura will be liable for damages that are legally attributable to it in accordance with applicable law.

To the extent permitted by law, ComAura will not be liable for damages or losses arising directly from:

• Incorrect information provided by the customer.
• Unlawful or improper use of the service by the customer.
• Lack of authorization or legal basis to process personal data provided by the customer.
• Content of communications defined by the customer.
• Errors in databases, telephone numbers, or information supplied by the customer.
• Decisions, restrictions, or suspensions imposed by Meta, WhatsApp, or other independent providers.
• Failures of third-party services outside ComAura's reasonable control.
• Interruptions resulting from force majeure or unforeseeable circumstances beyond ComAura's reasonable control.
• Use of the customer's credentials by third parties due to negligence or failure to implement reasonable security measures under the customer's responsibility.

Nothing in these Terms is intended to exclude or limit any liability that cannot legally be excluded or limited.

19. Indemnification

To the extent permitted by applicable law, the customer will be responsible to ComAura for claims, penalties, damages, costs, or reasonable expenses arising directly from:

• The customer's unlawful use of the service.
• The customer's breach of these Terms.
• The customer's lack of lawful authority or basis to process or communicate personal data provided by the customer.
• The content of communications sent at the customer's instruction.
• Infringement of third-party rights arising from information or content supplied by the customer.

This provision applies without prejudice to any liability legally attributable to ComAura.

20. Suspension or Termination for Breach

ComAura may suspend or terminate access to the service where there are reasonable grounds to believe that the customer:

• Has breached these Terms.
• Is using the platform for unlawful activities.
• Is engaging in fraudulent or abusive activities.
• Is compromising the security of the platform.
• Is using the service in a manner that may harm third parties or other users.
• Is failing to comply with the policies of technology providers essential to the service.
• Has failed to comply with applicable payment obligations.

Where reasonably possible and where the circumstances allow, ComAura will seek to notify the customer and provide an opportunity to remedy the breach.

However, ComAura may take immediate action where necessary to protect security, comply with a legal obligation, prevent harm to third parties, or respond to a measure imposed by a technology provider.

21. Amendments to These Terms and Conditions

ComAura may modify these Terms and Conditions when necessary due to legal, technological, commercial, or service-related changes.

The current version will be published on comaura.co.

Where a modification is material and significantly affects the conditions applicable to use of the service, ComAura will seek to notify the customer through reasonable means.

Continued use of the service after amended Terms become effective may constitute acceptance of the updated Terms where legally permitted.

22. Data Protection and Related Documents

ComAura's Privacy Policy is a complementary document to these Terms and governs the processing of personal data carried out by ComAura in the circumstances described in that Policy.

Where ComAura acts as a Data Processor on behalf of a customer, additional specific conditions regarding data protection may be established through agreements, schedules, or instructions applicable to the service.

Where specific provisions applicable to a particular data processing activity require additional conditions, those provisions will prevail with respect to that specific processing activity to the extent legally applicable.

23. Governing Law

These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Republic of Colombia, without prejudice to mandatory provisions that may apply to particular users, transactions, or data-processing activities based on their location or circumstances.

Where foreign law is mandatorily applicable to a particular relationship, such law will be observed to the extent required.

24. Dispute Resolution

The parties will seek to resolve in good faith any dispute relating to these Terms through direct communication and amicable resolution mechanisms before resorting to other proceedings.

Where a direct resolution cannot be reached, the parties may resort to conciliation, competent authorities, or the courts having jurisdiction in accordance with applicable law.

Nothing in this provision limits any rights granted to consumers or users under mandatory laws.

25. Severability

If any provision of these Terms is declared invalid, unlawful, or unenforceable by a competent authority, such circumstance will not affect the validity of the remaining provisions, which will continue in force to the extent permitted by law.

26. Entire Agreement

These Terms, together with the Privacy Policy and any specific conditions applicable to the selected plan or contracted service, constitute the contractual framework governing the use of ComAura DM Personalizados, without prejudice to any other specific agreements entered into by the parties in writing or through legally valid electronic means.

27. Contact

For questions, requests, complaints, or communications relating to these Terms and Conditions:

Soluciones ComAura S.A.S.
Tax Identification Number (NIT): 902.105.209-6
Email: info@comaura.co
Website: comaura.co
Last updated: September 13, 2026