Terms of Service for WitAsk

1. Scope and Acceptance

These Terms govern access to and use of WitAsk, an enterprise SaaS solution by Witbor that enables the creation, management and sending of native WhatsApp forms integrated with Zendesk, and the use of the information received within Zendesk. By purchasing, installing, starting a trial of, or using WitAsk on behalf of an organization, the person accepting these Terms represents that they have sufficient authority to bind it.

2. Business Use and Requirements

WitAsk is offered exclusively for business use. The Customer must maintain the third-party licenses, accounts, permissions and configurations required to operate the Service, including Zendesk Suite Professional or higher and, where applicable, Sunshine Conversations, Meta/WhatsApp Business, a WABA and approved templates.

3. Free Trial

WitAsk offers a fourteen (14) day free trial. The trial does not require entering a payment method. These Terms apply during the trial period. At the end of the fourteen (14) days, the Customer must purchase a paid subscription and enter a valid payment method to continue using the Service. The end of the trial period does not generate automatic charges.

4. Subscription and Billing

The standard model is a monthly subscription per Zendesk account, paid by card and automatically renewed until cancelled. The price in effect will be the one communicated at the time of purchase. Witbor may offer alternative local billing arrangements, including quarterly, half-yearly or annual periods, in accordance with the applicable quote, commercial order or agreement.

Witbor may change its prices for future periods upon reasonable notice. Changes will not affect periods already paid for.

5. Customer Responsibility for Forms and Data

WitAsk is a configurable tool. Witbor does not select the questions included in the Customer's forms, nor does it determine the purpose for which the Customer collects the answers. The Customer is responsible for determining what information it requests, whether its collection and use are appropriate and lawful, and for having the legal bases, consents, authorizations and privacy notices required by applicable law.

When the Customer decides to collect identity documents, health data, financial information or other categories of sensitive personal data or data subject to special protection, it will be the Customer's responsibility to determine whether such collection is permitted and to adopt the required measures and safeguards.

6. Prohibited Uses

The Customer may not use WitAsk for unlawful, fraudulent or abusive activities, to infringe third-party rights, to compromise the security of the Service, or to attempt unauthorized access. Likewise, it must not use WitAsk to request passwords, OTP codes, CVVs, access tokens or other authentication or security secrets.

7. Customer Data

The Customer retains its rights over its forms, answers and data. Witbor processes such information only to the extent necessary to provide WitAsk, and does not use end users' answers for advertising, data sales, commercial profiling, or to train or improve WitAsk's own artificial intelligence features.

8. Third-Party Services and Integrations

WitAsk depends on and interacts with third-party services, including Zendesk, Sunshine Conversations and Meta/WhatsApp. Use of those platforms is also subject to their own terms, policies, permissions and conditions.

Witbor does not control or guarantee the availability or continuity of those services, template approval, message delivery, the permanence of APIs or features, or their policies or commercial terms. Changes made by third parties may require Witbor to modify, replace or discontinue WitAsk features.

9. Intellectual Property

WitAsk, its software, interface, documentation, trademarks, designs and features belong to Witbor or its licensors. The subscription grants the Customer a limited, non-exclusive, non-transferable and revocable right to use it during the contracted period.

10. Support and Availability

Unless otherwise specifically agreed in writing, WitAsk does not include a contractual SLA for availability, response or resolution. Standard support is provided by email on business days, from 11:00 a.m. to 7:00 p.m. Argentina time.

Support email: witask@witbor.com

11. Suspension and Termination

Witbor may suspend or terminate access to WitAsk for non-payment, unlawful or abusive use, material breach of these Terms, security risks or legal requirements. Where reasonable, Witbor will endeavor to notify the Customer and allow it to cure the breach.

12. Changes to the Service

Witbor may update, modify, add or remove features to maintain or improve WitAsk, or to adapt it to technical, regulatory or third-party changes.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, WitAsk is provided “as is” and “as available.” Witbor does not guarantee uninterrupted operation, the total absence of errors, or permanent compatibility with third-party services.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Witbor will not be liable for loss of profits, loss of revenue or earnings, loss of opportunities, loss or corruption of data, business interruption, loss of reputation, or any indirect, special, incidental, consequential or punitive damages.

Except in cases that cannot legally be limited, Witbor's total aggregate liability arising from WitAsk will not exceed the amounts actually paid by the Customer for WitAsk during the twelve (12) months preceding the event giving rise to the claim.

15. Indemnity

The Customer will hold Witbor harmless against third-party claims arising from the information it decides to collect, the lack of required consents or authorizations, non-compliance with applicable laws or policies, or use of WitAsk contrary to these Terms.

16. Force Majeure

Neither party will be liable for delays or failures caused by events reasonably beyond its control, including widespread failures of the Internet, technology infrastructure, or essential third-party services.

17. Changes to these Terms

Witbor may update these Terms. Material changes will be communicated through reasonable means and will apply as of the date indicated or to future periods, as applicable.

18. Entity, Governing Law and Contact

Contracting entity / legal name and address:

WITBOR TECHNOLOGY LLC - 1820 N Corporate Lakes Blvd, #108ª, Weston FL 33326

Governing law and jurisdiction: United States of America.

The specific determination of the competent state and forum is pending final legal validation.