Table of contents
Provider: Bitopia LLC Platform: Come Together Website: https://cometogether.ar Support Contact: [email protected]
1. Introduction
These Messaging Terms (hereinafter, the "Terms") govern the use of communication and notification functionalities provided through Come Together, a technology platform developed and operated by Bitopia LLC ("Bitopia").
Come Together allows Organizations to manage communications related to communities, events, activities, reservations, registrations, services, and other operations.
Communications may be conducted through various channels, depending on the enabled functionalities and contracted services.
These Terms complement the Terms and Conditions, Privacy Policy, Acceptable Use Policy, and applicable commercial agreements.
2. Scope
These Terms apply to Organizations, administrators, and authorized users who use messaging functionalities through Come Together.
They also describe certain conditions that may affect individuals who receive communications generated through the Platform.
Available channels may include:
- Email.
- WhatsApp.
- SMS messages.
- Mobile application push notifications.
- In-Platform notifications.
- Other communication channels that may be enabled in the future.
The availability of each channel will depend on the product, configuration, third-party providers, and corresponding agreements.
The inclusion of a channel in these Terms does not imply that it is available to all Organizations.
3. Nature of the Service
Come Together provides technological tools that allow the configuration, generation, management, and sending of communications related to the operations of Organizations.
Depending on the enabled functionalities, these tools may allow for:
- Sending registration confirmations.
- Communicating approval statuses.
- Sending event or activity reminders.
- Notifying schedule changes.
- Informing about reservations and cancellations.
- Communicating community updates.
- Sending administrative notifications.
- Managing service-related communications.
- Sending promotional messages when authorized.
- Automating certain communications through configured rules or events.
Bitopia provides the technology and integrations necessary to facilitate these communications.
Unless expressly agreed otherwise, the Organization is responsible for determining the content, recipients, purposes, and conditions of the messages it configures or authorizes.
4. Responsibilities of Organizations
Organizations that use messaging functionalities are responsible for:
- Having a valid legal basis to use contact data.
- Obtaining the consents required by applicable legislation.
- Maintaining appropriate and up-to-date contact information.
- Determining which communications should be sent.
- Correctly configuring recipients and sending criteria.
- Avoiding fraudulent, deceptive, or unauthorized messages.
- Respecting the communication preferences of recipients.
- Managing opt-out requests that correspond to them.
- Complying with third-party provider policies.
- Protecting the personal data used in communications.
Organizations shall not use Come Together to send messages that infringe applicable privacy, data protection, telecommunications, advertising, or consumer protection laws.
Obligations that correspond directly to Bitopia as a technology provider are not excluded by this distribution of responsibilities.
5. Types of Communications
5.1. Operational or Transactional Communications
These are communications directly related to an account, registration, reservation, activity, community, or service.
They may include:
- Registration confirmations.
- Registration statuses.
- Approval requests and results.
- Activity reminders.
- Access information.
- Reservation confirmations or modifications.
- Relevant changes to an activity.
- Security notifications.
- Communications necessary to administer a service.
These communications may be necessary to provide requested functionality or administer an existing relationship.
Their sending must have a valid legal foundation and comply with the conditions applicable to the channel used.
5.2. Promotional Communications
These are communications intended to promote products, services, activities, campaigns, or other commercial or institutional initiatives.
Organizations must have the necessary authorizations before sending promotional communications.
When applicable, they must provide adequate mechanisms for recipients to stop receiving them.
The existence of a registration, membership, or reservation does not automatically constitute authorization to send any type of promotional communication.
Promotional communications may only be carried out through functionalities and channels expressly enabled for that purpose, when the legally required authorizations exist. Messaging channels managed by Bitopia for operational communications may not be used for promotional purposes.
5.3. Administrative and Security Communications
Bitopia may send communications related to the operation of Come Together, including:
- Account information.
- Security notices.
- Contractual notifications.
- Billing information.
- Technical incidents.
- Relevant service changes.
These communications will be managed in accordance with the applicable purposes and legal foundations.
6. Recipient Consent and Authorization
Organizations must obtain and retain the necessary authorizations for the communications they send through Come Together.
Requirements may vary depending on:
- The recipient's country.
- The communication channel.
- The nature of the message.
- The existing relationship with the recipient.
- The conditions of the third-party provider.
- Applicable legislation.
When it is necessary to obtain consent, it must comply with the corresponding legal requirements.
Organizations may not assume that authorization to receive email communications automatically enables the sending of promotional messages via WhatsApp, SMS, or other channels.
Bitopia may provide tools to record preferences or manage communications, but their availability does not replace the legal obligations of Organizations.
7. Communications via WhatsApp
Come Together may allow messages to be sent through WhatsApp Business services and their authorized integrations.
These communications may be used for operational notifications, reminders, updates, and other permitted messages.
The use of WhatsApp is subject to the conditions, policies, restrictions, and technical requirements established by the corresponding provider.
Organizations must comply with the rules applicable to the type of message, the recipient, and the account used.
Bitopia does not guarantee that all messages sent via WhatsApp will be accepted, delivered, or viewed by their recipients.
8. WhatsApp Account Modalities
Come Together may offer different integration modalities, depending on the enabled services.
8.1. Accounts and Numbers Managed by Bitopia
In certain implementations, Come Together may send operational communications through WhatsApp Business accounts, numbers, or infrastructure managed by Bitopia or its authorized providers.
These channels will be exclusively intended for communications related to the operation of the Platform and the services managed through it, such as confirmations, approvals, reminders, event updates, reservations, and administrative notifications.
The use of numbers managed by Bitopia for advertising campaigns, promotional communications, or messages unrelated to operations enabled by Come Together will not be permitted.
Bitopia may establish the templates, activation conditions, recipients, and technical controls necessary for the operation of these communications.
Organizations will be responsible for providing correct information and having the necessary authorizations for the processing of contact data of their participants, members, or users, as applicable.
The use of a number managed by Bitopia does not grant the Organization ownership, portability, or exclusive use rights over said number, barring express agreement.
8.2. Accounts and Numbers Connected by the Organization
Come Together may also allow an Organization to connect its own WhatsApp Business account or number.
In this modality, the Organization will be responsible for:
- Having authorization to use the account or number.
- Keeping its account active and correctly configured.
- Complying with the provider's verification requirements.
- Managing the corresponding permissions.
- Maintaining the commercial conditions of its account in effect.
- Complying with applicable messaging policies.
- Managing the authorizations and preferences of its recipients.
Bitopia provides the enabled technological integration, but does not necessarily control the administrative, commercial, or verification decisions of the third-party provider.
The disconnection, suspension, or restriction of an external account may affect the messaging functionalities available in Come Together.
9. Templates and Message Content
Certain channels may require the use of templates, formats, or content previously approved by their providers.
Organizations must provide correct information and use templates compatible with applicable policies.
Third-party providers may approve, reject, modify acceptance criteria, or restrict certain categories of messages.
The approval of a template does not guarantee that all subsequent sends will be permitted or delivered.
Organizations must not use operational templates to circumvent restrictions applicable to promotional communications.
Bitopia may implement technical controls to prevent the use of content incompatible with the terms of service.
10. Opt-Out Requests and Communication Preferences
Recipients may request to stop receiving certain communications when applicable in accordance with applicable legislation and the conditions of the channel used.
Organizations will be responsible for respecting and managing opt-out requests related to the communications they directly manage.
Come Together may incorporate mechanisms to automatically record and process communication preferences and opt-out requests, especially in WhatsApp and SMS channels.
The availability of these mechanisms will depend on the implemented functionalities and the corresponding providers.
As long as an automatic opt-out management functionality is not available, requests must be addressed through the enabled contact channels and the procedures applicable to each service.
Operational communications necessary to provide a requested service may receive different treatment than promotional communications, always in accordance with legislation and the policies of the corresponding provider.
Recipients may also use blocking or reporting mechanisms provided by their messaging applications.
11. Email
Come Together may facilitate the sending of emails related to accounts, communities, activities, reservations, and other operations.
Organizations must use legitimately obtained addresses and respect the preferences of their recipients.
Sending fraudulent emails, unauthorized mass messages, or communications that violate applicable regulations is not permitted.
Email delivery may be affected by spam filters, domain configurations, recipient restrictions, third-party providers, and other technical factors.
Bitopia does not guarantee that all emails sent will be received, opened, or read.
12. SMS Messages
When enabled, Come Together may facilitate communications via SMS through third-party providers.
Organizations must comply with requirements applicable to telephone communications and text messages, including corresponding authorizations.
SMS availability and delivery may vary depending on the country, carrier, number type, and provider restrictions.
Specific technical, commercial, or regulatory limitations may exist for certain destinations.
Economic conditions, when applicable, will be established through applicable commercial agreements.
13. Push Notifications and In-App Communications
Come Together may provide notifications through its mobile applications or digital interfaces.
Push notifications may depend on permissions granted by the user, device configuration, connectivity, and third-party services.
Users may have mechanisms available to manage these notifications through the application or operating system settings.
Disabling push notifications does not necessarily imply the cancellation of other communications necessary for the provision of the service.
Organizations must respect user preferences and corresponding legal requirements.
14. Automations and Scheduled Communications
Come Together uses operational automations to facilitate the operation of its products and services.
These automations may generate communications related to registrations, sign-ups, approvals, reservations, reminders, status changes, activities, and other operations inherent to the Platform.
The activation conditions, content, and recipients of these communications may be defined by Come Together or depend on the information and authorized configurations of each Organization.
Bitopia will be responsible for the technical operation of the automations it provides, in accordance with the terms of service and applicable agreements.
Organizations will be responsible for the accuracy of the information they manage, the configurations they have enabled, and having the necessary legal foundations and authorizations for the corresponding communications.
Come Together operational automations do not authorize Organizations to use the Platform for communications outside the purposes provided by the service.
Any communication, integration, or additional automation implemented or used directly by an Organization outside the flows enabled by Come Together will be the responsibility of said Organization.
Bitopia will not assume responsibility for external communications, independent automations, or unauthorized uses carried out by Organizations, without prejudice to responsibilities that legally cannot be excluded.
The execution of automations may be affected by errors in provided data, incorrect configurations, availability of third-party providers, or technical circumstances.
15. Message Delivery and Availability
The sending of a communication through Come Together does not guarantee its effective delivery to the recipient.
Messages may be affected by:
- Incorrect addresses or numbers.
- Lack of connectivity.
- Carrier restrictions.
- Blocks made by recipients.
- Spam filters.
- Template rejection.
- Third-party provider restrictions.
- Sending limits.
- Technical interruptions.
- Incorrect configurations.
- Other circumstances beyond Bitopia's reasonable control.
Sending, delivery, or read statuses that may be displayed on the Platform will depend on the information provided by the corresponding channels and providers.
These statuses do not constitute an absolute guarantee of receipt or reading.
When a communication has significant legal or operational consequences, the Organization must evaluate whether it needs additional verification or confirmation mechanisms.
16. Costs and Commercial Conditions
The availability of messaging services and their economic conditions will depend on the product, channel, configuration, and applicable commercial agreement.
Certain third-party providers may apply fees for messages, conversations, templates, numbers, accounts, or other concepts.
Prices, usage limits, billing conditions, and economic responsibilities corresponding to Bitopia and Organizations will be established in the applicable commercial agreements.
When an Organization connects external services contracted directly by it, the economic conditions of the corresponding provider may also apply.
These Terms do not establish universal rates or guarantee the gratuity of any channel.
17. Personal Data Protection
Messaging functionalities may involve the processing of personal data, including contact information, message content, identifiers, and technical logs.
Processing will be carried out in accordance with Come Together's Privacy Policy, applicable contractual agreements, and corresponding legislation.
Organizations must have the necessary legal foundations to process the data of their recipients.
When Bitopia processes information on behalf of an Organization, it will act in accordance with authorized instructions and its corresponding obligations.
Third-party messaging providers may also process information depending on the characteristics of the channel and their own terms.
Information regarding Bitopia's subprocessors can be consulted at:
https://trust.bitopia.digital/subprocessors
18. Communication Security
Bitopia applies technical and organizational measures intended to protect the systems used to provide its services.
Organizations are responsible for protecting the credentials, accounts, numbers, tokens, and permissions they manage.
It is not permitted to use messaging functionalities to distribute malicious links, fraudulently obtain credentials, impersonate identities, or perform other prohibited activities.
Organizations must promptly report unauthorized access or misuse of their integrations.
Reports can be submitted through the official Come Together support form.
19. Restrictions and Measures Regarding Breaches
Bitopia may apply reasonable technical controls to protect the security and stability of its services and prevent the misuse of messaging functionalities.
Third-party providers may also establish restrictions, suspend accounts, reject messages, or limit certain channels in accordance with their own terms.
When an Organization breaches these Terms, the measures provided in the Acceptable Use Policy and the corresponding contractual agreements may be applied.
Suspension and termination of contracted services will be governed by applicable contractual conditions.
Measures necessary to comply with legal obligations or respond to urgent security risks may be adopted in accordance with applicable legislation and contracts.
20. Integrations and Third-Party Providers
Messaging services may depend on third-party infrastructure, email, mobile communications, and messaging platform providers.
The availability, operation, and continuity of these services may be affected by changes in policies, technical conditions, or decisions of the corresponding providers.
Bitopia may modify integrations or providers when necessary, respecting its contractual and legal obligations.
Organizations must comply with the terms of external services they use or connect.
21. Liability
Each party will be responsible for its own obligations in accordance with applicable legislation and agreements.
Organizations are responsible for the recipients, content, purposes, and authorizations of the communications they configure or manage.
Bitopia is responsible for the obligations corresponding to it as a technology provider and in accordance with the contracted services.
Bitopia does not guarantee the delivery, opening, reading, or response of all communications sent through third-party providers.
Commercial liability limitations will be governed by applicable agreements, without excluding liabilities that legally cannot be limited.
22. Relationship with Other Documents
These Terms complement:
- The Come Together Terms and Conditions.
- The Privacy Policy.
- The Acceptable Use Policy.
- The Cookie Policy, when applicable.
- Applicable commercial agreements.
When a Master Subscription Agreement (MSA), order form, or other written agreement is in effect, its provisions will prevail on expressly regulated matters and in case of contradiction, in accordance with the corresponding priority rules.
23. Updates to These Terms
Bitopia may update these Terms to reflect changes in available channels, integrations, third-party provider policies, or legal requirements.
The current version will be available on the Come Together website.
When applicable, notifications required by legislation or applicable agreements will be provided.
24. Support and Contact
For inquiries related to messaging functionalities, technical issues, or reports of misuse:
Support Form: https://cometogether.ar/support
Alternative Email: [email protected]
For requests related to privacy or deletion of personal data:
Privacy: [email protected]
Provider: Bitopia LLC 20900 NE 30th Ave, Fl 8 Aventura, FL 33180 United States
Website: https://cometogether.ar