Terms of Service

Welcome to ZendoWhisper, a product of Intellixio. These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“Customer”, “you”, or “your”), and Intellixio(“Company”, “we”, “us”, or “our”). These Terms govern your access to and use of our AI-powered customer communication assistant service (“ZendoWhisper” or the “Service”).

By creating an account, clicking “I Agree”, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and our ZendoWhisper Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a business, you represent that you have the authority to bind that entity and its affiliates to these Terms.

If you do not agree with all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.

1. Description of Service

ZendoWhisper is an AI-powered assistant that integrates with your WhatsApp Business account to handle customer inquiries using a knowledge base you provide. The Service is designed to provide automated responses and to facilitate a seamless handover to human agents when needed.

2. Customer Responsibilities and Obligations

Your use of the Service is conditioned on your adherence to the following responsibilities.

2.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information.

2.2 Business Knowledge and Content

You are solely responsible for the accuracy, legality, and content of the information you provide for the AI's training (the “Knowledge Base”). You warrant that you own or have all necessary rights to use this content. We are not liable for any issues or incorrect information provided to your end-users arising from an inaccurate or outdated Knowledge Base.

2.3 Compliance with Third-Party Platform Terms

The Service depends on integration with third-party platforms, primarily the WhatsApp Business Platform provided by Meta Platforms, Inc. (“Meta”). You must, at all times, maintain a valid WhatsApp Business account in good standing and comply with all applicable terms, policies, and guidelines set forth by Meta, including the WhatsApp Business Terms of Service. Any violation of Meta's terms may result in the suspension or termination of your ZendoWhisper service without refund.

2.4 End-User Consent and Disclosure

You are solely responsible for your relationship with your customers and end-users. You must:

• Obtain all necessary permissions and consents from your end-users for communicating with them via the Service.
• Comply with all applicable data protection laws, including providing appropriate privacy notices to your end-users that clearly and conspicuously disclose that they are interacting with an automated AI assistant.

3. Acceptable Use Policy

You agree not to use the Service to:

• Engage in any illegal, fraudulent, or deceptive activity.
• Send unsolicited messages (spam) or violate messaging policies set by Meta.
• Infringe upon any third party's intellectual property or privacy rights.
• Transmit any material that is defamatory, obscene, harmful, or abusive.
• Attempt to reverse-engineer, decompile, or otherwise discover the source code or underlying AI models of the Service.

4. Subscription and Payment

• Fees and Billing: You agree to pay all fees associated with your subscription plan in advance. All fees are exclusive of applicable taxes.
• Cancellation: You may cancel your subscription at any time. Your subscription will remain active until the end of the current billing period. Fees are non-refundable.
• Price Changes: We reserve the right to modify our pricing with at least thirty (30) days' notice.

5. Intellectual Property Rights

• Our Intellectual Property: ZendoWhisper and its software, AI models, and algorithms are and will remain the exclusive property of Intellixio.
• Your Intellectual Property: You retain all ownership rights to your Knowledge Base and the content of the conversations between you and your end-users (“Conversation Data”).
• License to Us: You grant us a limited, worldwide, non-exclusive, royalty-free license to use your Knowledge Base and Conversation Data solely to provide, maintain, and secure the Service for you.
• AI Model Training: To improve our Service, we may use data from your Knowledge Base and Conversation Data in an anonymized and aggregated form to train our core AI models. Your confidential, identifiable business information will never be used to train models for other customers.

6. Disclaimers and AI Limitations

6.1 DEPENDENCY ON THIRD-PARTY PLATFORMS

THE SERVICE IS DEPENDENT ON THE AVAILABILITY AND FUNCTIONALITY OF THIRD-PARTY PLATFORMS, INCLUDING META'S WHATSAPP BUSINESS PLATFORM. WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY ARISING FROM, ANY SERVICE INTERRUPTIONS, FAILURES, OR MALFUNCTIONS CAUSED BY THESE THIRD-PARTY PLATFORMS, INCLUDING ANY CHANGES TO THEIR APIS, TERMS, OR POLICIES.

6.2 “AS IS” AND “AS AVAILABLE” SERVICE

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

6.3 AI-GENERATED CONTENT DISCLAIMER

YOU ACKNOWLEDGE THAT THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE. RESPONSES GENERATED BY THE AI ARE BASED ON YOUR KNOWLEDGE BASE AND MAY CONTAIN INACCURACIES OR ERRORS. YOU ARE RESPONSIBLE FOR MONITORING THE AI'S PERFORMANCE.

7. Limitation of Liability

7.1 EXCLUSION OF INDIRECT DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INTELLIXIO OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL.

7.2 MONETARY CAP ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF INTELLIXIO FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless Intellixio and its affiliates from any claims, damages, or liabilities arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms, including your failure to comply with Meta's terms; (c) your violation of any applicable law or the rights of your end-users; or (d) your failure to provide adequate disclosure to your end-users about the use of an AI assistant.

9. Term and Termination

These Terms are effective upon your first use of the Service. We reserve the right to suspend or terminate your account immediately, without notice, for any breach of these Terms. Upon termination, your right to use the Service will cease. Provisions that by their nature should survive termination shall survive.

10. General Provisions

• Governing Law and Dispute Resolution: These Terms are governed by the laws of Bangladesh. Both parties agree to resolve any dispute through final and binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The arbitration will be held in Dhaka, Bangladesh, in English.
• Changes to Terms: We may modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes. Your continued use of the Service after such changes constitutes your acceptance.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.

11. Contact Us

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