Last updated: November 10, 2025

These Terms of Service (“Terms”) govern your access to and use of the website www.hibearnatech.com and the software and services provided by Hibearna Tech (“Hibearna Tech”, “we”, “us” or “our”).

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.

1. Who we are

Hibearna Tech [LLC / Lda / S.A.][Full company address]support@hibearnatech.com

2. Eligibility

You may use our website and services only if:

  • You are at least 18 years old (or of legal age in your jurisdiction), and
  • You have the authority to enter into these Terms on behalf of yourself or the company you represent.

3. Services we provide

Hibearna Tech develops and provides:

  • Custom web and mobile applications.
  • Integrations with messaging platforms such as WhatsApp Business, Instagram, email and other channels.
  • Products such as Bozz Apps, a field-sales and operations platform for businesses.

Specific features, pricing and conditions for paid services may be described in separate order forms, statements of work or subscription agreements (“Service Agreements”). If there is a conflict between these Terms and a signed Service Agreement, the Service Agreement will prevail for the relevant service.

4. Your responsibilities

You agree to:

  • Use our website and services only in accordance with these Terms and all applicable laws.
  • Provide accurate and complete information when creating an account or contacting us.
  • Keep your account credentials confidential and notify us promptly of any unauthorised use.
  • Ensure that any data you provide to us (including customer contact details) has been collected lawfully and with the necessary consents.

You must not:

  • Use our services for spam, harassment, fraud or any illegal or harmful activity.
  • Attempt to gain unauthorised access to our systems or interfere with the normal functioning of our services.
  • Reverse engineer, decompile or attempt to derive source code from our software, except where allowed by law.
  • Use our services to promote restricted or illegal products or services, including those prohibited under Meta’s Commerce and WhatsApp Business policies.

5. Use of WhatsApp Business and other channels

If you use our integrations with WhatsApp Business, Instagram or other third-party channels:

  1. Compliance with platform policies
    You must comply with all applicable platform rules, including (where relevant):
    • WhatsApp Business Terms and Messaging Policy
    • Meta Commerce and Advertising policies
    • Any local regulations related to messaging, consent and electronic communications.
  2. Consent and opt-out
    You are solely responsible for obtaining explicit consent from your customers before contacting them via WhatsApp or any other channel, and for offering clear opt-out mechanisms.
  3. Content restrictions
    You must not use our services to send content that is illegal, abusive, discriminatory, misleading, sexually explicit or otherwise prohibited by these Terms or platform policies.
  4. Independent provider
    You acknowledge that Hibearna Tech is an independent software provider. WhatsApp and Instagram are trademarks of Meta Platforms, Inc. They do not endorse or control our services.

If we believe your use of messaging channels violates these Terms or platform policies, we may suspend or terminate access to the relevant integration.

6. Intellectual property

All content and materials available on our website and in our services, including software, code, designs, text, graphics, logos and trademarks, are owned by Hibearna Tech or our licensors and are protected by intellectual property laws.

Subject to these Terms and any applicable Service Agreement, we grant you a limited, non-exclusive, non-transferable licence to access and use our services for your internal business purposes.

You may not use our trademarks or branding without our prior written consent.

7. Fees and payment (if applicable)

Some of our services may be offered on a paid basis (subscription fees, usage-based charges, implementation fees, etc.). The applicable prices, billing cycles and payment terms will be defined in the relevant Service Agreement or price proposal.

Unless stated otherwise:

  • Fees are due in full and are non-refundable.
  • You are responsible for any taxes, duties or government charges arising from your use of our services.

If you fail to pay amounts due, we may suspend or terminate your access to paid services.

8. Third-party services and links

Our website and services may contain links to third-party websites or allow you to connect to external services (such as WhatsApp, Instagram, email providers or payment processors).

We do not control and are not responsible for these third-party services or their content. Your use of them is at your own risk and subject to their own terms and policies.

9. Confidentiality

Each party may have access to confidential information of the other party.
Both parties agree to:

  • Use such information only for the purposes of the business relationship.
  • Protect it with at least reasonable care.
  • Not disclose it to third parties except to employees, contractors or advisers who need to know it and are bound by confidentiality obligations.

This section does not apply to information that is already public, independently developed or rightfully received from a third party without duty of confidentiality.

10. Warranties and disclaimers

Our website and services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we do not warrant that:

  • Our services will be uninterrupted, error-free or completely secure.
  • They will meet your specific requirements or expectations.
  • Any data or content will be preserved without loss or corruption.

We disclaim all implied warranties, including any warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the fullest extent permitted by law:

  • Hibearna Tech will not be liable for any indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, data or business opportunities, arising from or related to your use of our website or services.
  • Our total aggregate liability for any claims under these Terms will be limited to the amount paid by you to us for the services giving rise to the claim during the twelve (12) months preceding the event.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Hibearna Tech, its directors, employees and contractors from any claims, damages, losses or expenses arising out of:

  • Your violation of these Terms or applicable law.
  • Your misuse of our services.
  • Your failure to obtain appropriate consents for messaging or data processing.
  • Your breach of WhatsApp, Meta or other platform policies.

13. Term and termination

These Terms apply for as long as you access our website or use our services.

We may suspend or terminate your access to all or part of our services if:

  • You materially breach these Terms or a Service Agreement.
  • Your use creates a security risk or may harm other users, platforms or third parties.
  • We are required to do so by law or by a platform provider (for example, Meta).

You may stop using our website and services at any time. Any sections of these Terms which by their nature should survive termination (including intellectual property, fees, confidentiality, disclaimers, limitation of liability and indemnification) will continue to apply.

14. Governing law and jurisdiction

These Terms are governed by the laws of State of Florida, USA, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or our services will be subject to the exclusive jurisdiction of the courts located in [St Petersburg, United States], unless applicable law requires otherwise.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated version on our website and change the “Last updated” date at the top. Your continued use of our website or services after the changes become effective constitutes your acceptance of the revised Terms.

16. Contact

If you have any questions about these Terms, please contact us at:

Hibearna Tech – Legal
support@hibearnatech.com
7901 4TH ST 300 St Petersburg FL 33702 United States