Terms of Service

1. Company Information & Definitions

1.1 Service Provider

The Services are provided by COSMODATA - FZCO, a Free Zone Company registered with the Dubai Silicon Oasis Authority, License Number 15799, with its principal office at:

Throughout these Terms, “Dexo.chat,” “we,” “us,” and “our” refer to COSMODATA - FZCO and its affiliates.

1.2 Definitions

• “Account” means the account you create to access the Services.
• “Customer,” “you,” “your” means the individual or legal entity that registers for or uses the Services.
• “End User” means any person who interacts with the Customer through the Services (e.g., a recipient of a message sent via Dexo.chat).
• “Platform” means the Dexo.chat web application, mobile applications, APIs, embeddable widgets, SDKs, and all related technology.
• “Third-Party Channels” means messaging services integrated through the Platform, including but not limited to WhatsApp, Telegram, Instagram, Facebook Messenger, SMS, Email, WeChat, LINE, and Viber.
• “Customer Data” means all data, content, messages, files, and information submitted to or processed through the Services by or on behalf of the Customer.
• “Subscription Plan” means the pricing tier selected by the Customer, as described on our Pricing page.

2. Eligibility & Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts to use the Services. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.2 Account Creation

To access the Services, you must create an Account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activities that occur under your Account.
• Promptly notifying us of any unauthorized use at [email protected].

2.3 Account Verification

We may require identity verification, business documentation, or other verification measures before granting access to certain features, particularly those involving Third-Party Channel integrations (e.g., WhatsApp Business API, Facebook Messenger Platform).

3. Description of Services

3.1 Platform Overview

Dexo.chat is an omnichannel messaging platform that enables businesses to:

• Consolidate conversations from 50+ messaging channels into a unified team inbox.
• Deploy AI-powered chatbots and automation workflows.
• Send broadcast campaigns and targeted messages.
• Analyze conversation metrics, team performance, and customer engagement.
• Integrate with third-party CRM, e-commerce, and business tools via APIs and pre-built connectors.

3.2 Technology Provider Role

Dexo.chat operates as a technology provider and business solution provider. We provide the technical infrastructure that enables Customers to connect with and communicate through Third-Party Channels. We are not the operator of those channels and do not control their policies, availability, or terms of service.

3.3 API & Developer Services

Dexo.chat provides RESTful APIs, webhooks, embeddable chat widgets, and SDKs. Use of developer services is subject to our API Documentation and any applicable rate limits defined by your Subscription Plan.

3.4 Service Availability

We target 99.9% uptime for the Platform as described in our Service Level Agreement (SLA). Scheduled maintenance windows will be communicated at least 48 hours in advance. We are not liable for downtime caused by Third-Party Channels or force majeure events.

4. Subscription Plans, Billing & Payment

4.1 Plans & Pricing

The Services are offered under multiple Subscription Plans as described on our Pricing page. Features, usage limits, and Monthly Active Contact (MAC) allowances vary by plan.

4.2 Free Trial

We may offer a free trial period. At the end of the trial, your Account will be converted to a paid Subscription Plan or suspended unless you cancel. No credit card is required to start a free trial.

4.3 Billing Cycle

Subscriptions are billed monthly or annually in advance. All fees are quoted in United States Dollars (USD) unless otherwise specified. Invoices are issued electronically.

4.4 Payment Methods

We accept major credit cards, wire transfers, and other payment methods as indicated during checkout. You authorize us to charge your selected payment method for recurring subscription fees.

4.5 Overages

If your usage exceeds your plan’s MAC allowance or other limits, you will be billed for overages at the rates specified in your Subscription Plan or notified to upgrade.

4.6 Refunds

Annual subscriptions may be refunded within 14 days of purchase if no significant usage has occurred. Monthly subscriptions are non-refundable. Refund requests should be directed to [email protected].

4.7 Taxes

All fees are exclusive of applicable taxes (VAT, sales tax, GST). You are responsible for any taxes that apply to your purchase based on your jurisdiction.

5. Customer Data & Privacy

5.1 Data Ownership

You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any content you submit through the Services.

5.2 Data Processing

We process Customer Data solely to provide the Services and as described in our Privacy Policy and Data Processing Agreement (DPA). We act as a data processor on your behalf where applicable under GDPR, CCPA, and similar regulations.

5.3 Data Security

We implement industry-standard security measures, including:

• Encryption of data in transit (TLS 1.2+) and at rest (AES-256).
• SOC 2 Type II compliant infrastructure.
• Regular penetration testing and vulnerability assessments.
• Role-based access controls and audit logging.

Further details are available in our Security Policy.

5.4 Data Portability & Deletion

You may export your Customer Data at any time via the Platform or API. Upon termination of your Account, we will delete your Customer Data within 30 days, except where retention is required by law. You may request immediate deletion by contacting [email protected].

5.5 Sub-Processors

We use third-party sub-processors to deliver parts of the Services (e.g., cloud hosting, analytics). A current list of sub-processors is available upon request and is maintained in our DPA.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Services solely for lawful business purposes in compliance with all applicable laws, regulations, and the terms of Third-Party Channels.

6.2 Prohibited Activities

You agree not to:

• Send unsolicited messages (spam) or violate anti-spam legislation (CAN-SPAM, GDPR, CASL, etc.).
• Use the Services for phishing, fraud, or any illegal activity.
• Transmit malware, viruses, or harmful code.
• Violate the terms of service of any Third-Party Channel.
• Harass, threaten, or abuse End Users or any third party.
• Attempt to reverse-engineer, decompile, or access the source code of the Platform.
• Exceed documented rate limits or abuse API endpoints.
• Resell access to the Services without our prior written consent.
• Use the Services to process sensitive personal data (e.g., health, financial, or biometric data) without appropriate safeguards and our prior written agreement.

Full details are available in our Acceptable Use Policy.

6.3 Compliance with Third-Party Channel Policies

When using Third-Party Channel integrations (WhatsApp Business Platform, Facebook Messenger, Instagram, etc.), you must comply with the respective platform’s policies, including but not limited to Meta’s Platform Terms, WhatsApp Business Policy, and Instagram Platform Policy. Violations of Third-Party Channel policies may result in suspension or termination of your access to those channels and/or the Services.

7. Third-Party Channel Integrations

7.1 Channel Access

Dexo.chat provides integrations with Third-Party Channels as a technology provider. Access to specific channels may require additional verification, approval by the channel provider, or compliance with channel-specific terms.

7.2 Meta Platform Integrations

For integrations with Meta products (WhatsApp Business API, Facebook Messenger, Instagram Messaging), you acknowledge that:

• Dexo.chat acts as a registered Tech Provider on the Meta (Facebook) platform.
• You must have a verified Facebook Business Manager account.
• You must comply with Meta’s Commerce Policy, Platform Terms, and applicable community standards.
• Message templates for WhatsApp must be approved by Meta before use.
• We may share necessary data with Meta as required by their platform agreements.

7.3 No Guarantee of Channel Availability

We do not guarantee uninterrupted access to any Third-Party Channel. Channel providers may modify their APIs, policies, or availability at any time. We will use commercially reasonable efforts to maintain integrations and notify you of material changes.

8. Intellectual Property

8.1 Our IP

The Platform, including all software, algorithms, user interfaces, designs, documentation, trade names, trademarks, and logos, are owned by or licensed to COSMODATA - FZCO and are protected by intellectual property laws. Nothing in these Terms grants you ownership of any of our intellectual property.

8.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription.

8.3 Feedback

If you provide suggestions, feature requests, or other feedback, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into the Services without restriction or compensation.

9. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s proprietary or non-public information (“Confidential Information”) and not disclose it to third parties except as required by law or with prior written consent. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party.

10. Warranties & Disclaimers

10.1 Our Warranties

We warrant that:

• The Services will perform substantially in accordance with the documentation.
• We will provide the Services with reasonable skill and care.
• We have the right to provide the Services and grant the licenses described herein.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

11.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Exclusion of Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless COSMODATA - FZCO, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Customer Data or content you transmit through the Services.

13. Term & Termination

13.1 Term

These Terms are effective from the date you first access the Services and remain in effect until terminated.

13.2 Termination by You

You may terminate your Account at any time by contacting us or through the Account settings. Termination does not entitle you to a refund for unused portions of prepaid subscriptions, except as provided in Section 4.6.

13.3 Termination by Us

We may suspend or terminate your Account immediately if:

• You breach these Terms or any applicable policy.
• Your use poses a security risk to the Platform or other users.
• Required by law or a Third-Party Channel provider.
• Your Account has been inactive for more than 12 consecutive months.

Where practicable, we will provide 30 days’ written notice before termination.

13.4 Effect of Termination

Upon termination: (a) your license to use the Services ceases immediately; (b) you must cease all use of the Platform; (c) we will retain your data for 30 days to allow export, after which it will be permanently deleted; (d) outstanding payment obligations survive termination.

14. Dispute Resolution & Governing Law

14.1 Governing Law

These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict of law principles.

14.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, either party may submit the dispute to binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC). The seat of arbitration shall be Dubai, UAE. The language of arbitration shall be English.

14.3 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email to the address associated with your Account or through an in-platform notification at least 30 days before they take effect. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and terminate your Account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, DPA, SLA, and Acceptable Use Policy, constitute the entire agreement between you and COSMODATA - FZCO regarding the Services and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

16.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, pandemics, war, government actions, or internet infrastructure failures.

16.6 Notices

All legal notices must be sent to [email protected] or to our registered address. Notices to you will be sent to the email address associated with your Account.

17. Contact Information