Legal Notice and Terms of Use

Set out below are the conditions of access to, use of and contracting through the website and the mobile application, for the purposes of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI) and Royal Legislative Decree 1/2007, the consolidated text of the General Law for the Defence of Consumers and Users (TRLGDCU).

1. PURPOSE OF THE SERVICE

Through chatmetric.app and the Chatmetric app we offer a service that analyses a conversation exported from WhatsApp or Instagram and returns statistics about it: number of messages per participant, average message length, average response time, activity over the last 90 days, media and voice notes, and the most-used emoji.
The analysis is automated and statistical. It is not a psychological, forensic, medical or legal assessment, it does not evaluate people, and its results must not be used as evidence of anything about any of the participants. The figures depend entirely on the export you provide and may be affected by messages deleted from the conversation, by media not included in the export or by how the exporting application formats the file.
The uploaded file is deleted immediately after the analysis and the text of the messages is never stored. Section 4 of the Privacy Policy describes this in detail.
The service is intended exclusively for people aged 18 or over. By using it, the USER declares and warrants that they are at least 18 years old.

2. CONDITIONS OF ACCESS AND USE

Accessing and using the website and the app implies full acceptance of these Terms of Use and of the other legal policies published (Legal Notice, Privacy Policy and Cookie Policy).
SOLUCIONEC may modify the presentation, configuration and content of the service, as well as these Terms, at any time. Where the modification affects essential conditions of a paid service already contracted, the USER will be informed in advance.

2.1 CONDITIONS FOR UPLOADING A CONVERSATION
A conversation belongs to everyone who took part in it, not only to whoever exports it. Before the first analysis, the USER must confirm that they took part in the conversation being uploaded and that they are entitled to submit it for analysis. That statement is recorded with the date and the version of the terms accepted.
SOLUCIONEC has no technical means of verifying that statement, and does not read the conversations, so responsibility for it lies entirely with the USER. The following are expressly prohibited:
- Uploading a conversation in which the USER did not take part, including one obtained from a third party's device, account or backup.
- Uploading a conversation obtained without authorisation, by deception, by coercion or by taking advantage of unsupervised access to someone else's device.
- Using the service as an instrument in a context of surveillance of a partner or ex-partner, gender-based violence, domestic violence, workplace harassment or bullying.
- Using the results to monitor, control, pressure, expose or harm any of the participants in the conversation.
- Using the service to profile, evaluate or take decisions about people, in particular in employment, academic, insurance or credit contexts.
- Attempting to obtain from the service the content of messages, which the service neither stores nor returns.
Beyond that, the USER undertakes to use the service in accordance with the law and in good faith, and shall not: distribute content contrary to fundamental rights, to applicable law or to public order; infringe the intellectual or industrial property rights of third parties; introduce viruses or malicious code, or attempt to access restricted areas, other people's accounts or SOLUCIONEC's systems by illegitimate means; or reproduce, copy, distribute or publicly communicate the content of the service without authorisation.

2.2 CONSEQUENCES OF IMPROPER USE
Uploading a conversation in which one did not take part, or obtained without authorisation, may constitute an administrative infringement or a criminal offence, including offences relating to the disclosure of secrets and the breach of privacy, and may give rise to civil liability towards the people affected. It may also amount to unlawful processing of personal data for which the USER, and not SOLUCIONEC, is the controller.
The USER is liable to SOLUCIONEC and to third parties for any loss or damage arising from use of the service contrary to these Terms and will hold SOLUCIONEC harmless against claims arising from such use, without this affecting the responsibilities that fall on SOLUCIONEC in its capacity as data controller.
Where a report is well founded, SOLUCIONEC may suspend or cancel the account without prior notice, will delete the reports concerned, will retain the associated technical records for the period set out in the Privacy Policy and will make them available to any judicial or police authority that lawfully requests them.

2.3 INTELLECTUAL AND INDUSTRIAL PROPERTY
Access to the service does not involve any transfer of rights over trade marks, trade names, logos, texts, images, videos, software or other protected content, which belong to SOLUCIONEC or to their lawful owners. Their modification, copying, reuse, exploitation, reproduction or public communication without express written authorisation is prohibited.
WhatsApp and Instagram are trade marks of their respective owners. Chatmetric is an independent service and is not affiliated with, sponsored by or endorsed by Meta Platforms, Inc. or any of its companies.
The content of the conversations you upload remains yours and that of the other participants. SOLUCIONEC acquires no right over it, and does not use it for any purpose other than producing the report you request.

2.4 AVAILABILITY AND EXCLUSION OF LIABILITY
SOLUCIONEC does not guarantee permanent availability and continuity of the service, nor that every export format will be processed correctly, since those formats are defined by third parties and change without notice. Where reasonably possible, notice will be given of planned interruptions.
Liability is excluded for loss or damage arising from interruption of the service, from the transmission of harmful elements caused by third parties, from the use that USERS make of the results of the analyses, and from the loss of data stored on the USER's own devices.
Nothing in these Terms limits or excludes liabilities that cannot be excluded under applicable law, in particular towards consumers. If you are a consumer in the United Kingdom, nothing in these Terms affects your rights under the Consumer Rights Act 2015. If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies those guarantees.

3. CONTRACTING CONDITIONS

3.1 Subject matter and price
The USER may analyse a first conversation free of charge and may afterwards purchase report packs or an annual unlimited subscription. The applicable price, inclusive of taxes, is displayed before the purchase is confirmed and may vary according to promotions in force.
3.2 Purchase and payment process
Purchases are made through the Stripe payment gateway on the website and through Google Play or the App Store in the apps. Before the order is confirmed, a summary is displayed showing the product, the total price and taxes. Once payment is confirmed, the reports are credited to the account.
3.3 Subscriptions
The annual subscription renews automatically unless cancelled before the renewal date. Cancellation is managed from the subscriptions section of Google Play or of your Apple account, and, for purchases made on the website, by writing to info@chatmetric.app. Cancelling stops future renewals; it does not cancel the period already paid for, which remains available until its expiry date.
3.4 Right of withdrawal
As a consumer in the European Union or the United Kingdom you have 14 calendar days to withdraw from the contract without giving any reason, under Article 102 TRLGDCU and, in the United Kingdom, under the Consumer Contracts Regulations 2013. If you are a consumer elsewhere, this statutory right may not apply to you, but the refund policy described below applies to every purchaser regardless of location.
Because this is digital content supplied immediately, the right of withdrawal is lost once performance has begun with your prior express consent and with your acknowledgement that you thereby lose that right (Article 103.m TRLGDCU).
If you have purchased a pack and have not used any report, you may withdraw within the period by writing to info@chatmetric.app and we will refund the full amount by the same payment method within a maximum of 14 days. Independently of any statutory right, we will refund unused report packs requested within 14 days of purchase, and we will consider any other refund request on its merits. Purchases made through Google Play or the App Store are also subject to the refund policies of those stores.
3.5 Complaints
You may address any complaint to info@chatmetric.app, which will be answered within a maximum of one month. If you are a consumer in the European Union and we cannot resolve your complaint, you may also turn to the alternative dispute resolution body competent in your country of residence, and to your national consumer authority. The official complaint forms provided for under Spanish consumer legislation are also available, and you may turn to the competent consumer authorities and, where applicable, to the consumer arbitration system.

4. CHANNEL FOR PEOPLE WHO APPEAR IN AN ANALYSED CONVERSATION

If you believe a conversation of yours has been analysed by someone who did not take part in it, or that the service is being used against you in a context of harassment or violence, you can tell us at info@chatmetric.app. We will delete the report concerned, block the account where appropriate, and preserve the evidence for any authority that lawfully requests it.
This channel is also the point of contact for communications and notices under Regulation (EU) 2022/2065 on Digital Services.
Information about how your data is processed, and how to exercise your rights, is in section 7 of the Privacy Policy.

5. THIRD-PARTY ADVERTISING

The apps are partly financed by third-party advertising, served by Google AdMob and displayed on certain screens. Their content is selected by the advertising provider and is not under SOLUCIONEC's editorial control. The apps also allow you to obtain a free report by watching a rewarded advert, up to a daily limit; this is voluntary and reports may otherwise be purchased.
Advertising providers never receive the content of your conversations, the participants' names or the metrics of a report. You can manage your advertising consent from the privacy options in the app, and further information is in section 9 of the Privacy Policy.

6. COOKIES

SOLUCIONEC uses its own and third-party cookies on chatmetric.app. You can accept or reject them from the consent panel and change your choice at any time. Further information is available in the Cookie Policy.

7. DATA PROTECTION

Personal data processed through chatmetric.app and the Chatmetric app is processed in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD), and, where they apply, with the UK GDPR, United States state privacy laws and the Australian Privacy Act 1988. All information about purposes, legal bases, retention periods, recipients and rights, both for the person who uploads a conversation and for the other participants in it, is in the Privacy Policy.

8. GOVERNING LAW AND JURISDICTION

These Terms are governed by Spanish law. Where the USER is a consumer, the courts of their place of residence shall have jurisdiction in accordance with consumer protection legislation, and the mandatory consumer protection rules of their country of habitual residence shall apply to them. In all other cases, the parties submit to the courts of Las Palmas de Gran Canaria.

9. WAIVER

The fact that SOLUCIONEC does not exercise any of its rights under these Terms at a given moment shall not be construed as a waiver of those rights, unless acknowledged and agreed in writing.