Terms of Service

1. Acceptance of Terms

By accessing or using Cybergine's platform, website, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Service. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Definitions

• "Platform" means the Cybergine web application, APIs, and all associated infrastructure.
• "Organisation" means a business entity that registers an account to use the Service.
• "User" means any individual who accesses the Platform on behalf of an Organisation.
• "Assistant" means an AI-powered chatbot created and configured within the Platform.
• "Customer End User" means any person who interacts with an Assistant via WhatsApp or other messaging channels.
• "Content" means all data, text, documents, images, and other materials uploaded to or generated through the Service.
• "Knowledge Base" means the collection of documents, Q&A pairs, and product information uploaded by an Organisation to train its Assistants.
• "AI Output" means any response or content generated by an Assistant using artificial intelligence.

3. Service Description

Cybergine provides an AI-powered customer service platform that enables Organisations to create, configure, and deploy intelligent chatbot Assistants. Key capabilities include:

• WhatsApp Business API integration for customer messaging
• AI-powered conversation handling with knowledge base retrieval
• Multi-tenant organisation management
• Real-time conversation monitoring and analytics
• Product catalogue management and recommendation
• Customisable assistant personality and behaviour

4. Account Registration & Security

To use the Service, you must create an account and provide 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 unauthorised access or security breach
• Ensuring that only authorised personnel within your Organisation access the Service

We strongly recommend enabling multi-factor authentication (MFA) where available. You may not share accounts, create multiple accounts for the same person, or transfer your account without our written consent.

5. Organisation & Multi-Tenancy

Each Organisation operates within an isolated tenant environment. Organisation administrators are responsible for:

• Managing user access and role assignments within their Organisation
• Ensuring all users comply with these Terms and applicable laws
• The content of their Knowledge Base and Assistant configurations
• Compliance with messaging platform policies when using WhatsApp integration

Data belonging to one Organisation is logically separated from other Organisations and is not accessible by other tenants.

6. Subscription Plans & Billing

The Service is offered under subscription plans as described on our pricing page. By subscribing, you agree to the following:

• Billing cycle: Subscriptions are billed monthly or annually, as selected at checkout.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled.
• Price changes: We will provide at least 30 days' written notice before any price increases take effect.
• Payment failure: If payment fails, we may suspend access after a 7-day grace period.
• Refunds: No refunds are issued for partial billing periods. Cancellation takes effect at the end of the current period.
• Taxes: All fees are exclusive of applicable taxes unless otherwise stated.

8. WhatsApp Business API Usage

If you use the WhatsApp Business API integration, you agree to comply with:

• Meta's WhatsApp Business Policy and Commerce Policy
• WhatsApp's message template approval requirements
• The 24-hour messaging window rules for customer conversations
• End-user opt-in requirements before initiating conversations

Cybergine manages WhatsApp phone numbers on behalf of your Organisation. Upon termination, phone number portability is subject to Meta's policies. We are not liable for any suspension or restriction imposed by Meta on your WhatsApp Business Account due to policy violations.

9. Knowledge Base & Content Ownership

You retain full ownership of all Content you upload to the Service, including Knowledge Base documents, product catalogues, Q&A pairs, and Assistant configurations. By uploading Content, you grant Cybergine a limited, non-exclusive, worldwide licence to:

• Process your Content to operate and deliver the Service
• Generate AI responses based on your Knowledge Base
• Create anonymised, aggregated analytics derived from usage patterns

We do not use your Content to train foundation AI models. Your Content is used solely for delivering the Service to your Organisation. This licence terminates when you delete your Content or your account is terminated, subject to reasonable backup and deletion timelines.

10. Acceptable Use Policy

You agree NOT to use the Service to:

• Generate, distribute, or facilitate spam, phishing, or fraudulent content
• Violate WhatsApp, Meta, or any messaging platform's policies
• Process illegal, harmful, or highly sensitive personal data without a lawful basis and appropriate safeguards
• Impersonate any person or entity, or misrepresent your identity
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Circumvent rate limits, security measures, or access controls
• Scrape, harvest, or collect data from the Platform by automated means
• Configure Assistants to provide discriminatory, harmful, or misleading advice
• Use the Service in any manner that could damage, disable, or impair the Platform
• Resell or redistribute the Service without prior written agreement

11. Data Processing & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For purposes of data protection law:

• Your Organisation acts as the data controller for Customer End User conversation data processed through your Assistants.
• Cybergine acts as a data processor processing such data on your behalf and in accordance with your instructions.
• A Data Processing Agreement (DPA) is available upon request for Organisations that require one under applicable data protection laws.

12. Intellectual Property

Cybergine and its licensors retain all rights, title, and interest in and to the Platform, including all software, algorithms, AI models, designs, trademarks, and documentation. Nothing in these Terms transfers any intellectual property rights to you except the limited licence to use the Service.

You retain ownership of your Content. AI Outputs generated through your use of the Service are owned by your Organisation, subject to any rights retained by third-party AI providers in their underlying models.

If you provide feedback, suggestions, or ideas about the Service, you grant Cybergine an irrevocable, perpetual, royalty-free licence to use and incorporate such feedback without compensation or attribution.

13. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party ("Confidential Information") and to use it only for the purposes of these Terms. Confidential Information does not include information that is:

• Publicly available through no fault of the receiving party
• Already known to the receiving party without restriction
• Independently developed without reference to the disclosing party's information
• Required to be disclosed by law, regulation, or court order

Confidentiality obligations survive termination of these Terms for a period of three (3) years.

14. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. You acknowledge that:

• Scheduled maintenance may temporarily affect service availability. We will provide reasonable advance notice where possible.
• The Service depends on third-party providers (WhatsApp, OpenAI, cloud infrastructure) and we are not liable for outages caused by third-party services.
• Force majeure events (natural disasters, government actions, internet disruptions) may affect availability.

15. Warranties & Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERGINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of AI Outputs
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the results obtained from using the Service

17. Indemnification

You agree to indemnify, defend, and hold harmless Cybergine, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your Content or your use of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property or privacy rights
• Claims by Customer End Users arising from interactions with your Assistants
• Your failure to comply with WhatsApp Business API or Meta policies

18. Termination

Either party may terminate these Terms:

• For convenience: With 30 days' written notice.
• For cause: Immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of receiving notice.
• Immediate termination: Cybergine may suspend or terminate your access immediately in cases of fraud, security threats, legal prohibition, or serious policy violations.

Upon termination: You will have a 30-day grace period to export your data (conversations, Knowledge Base, Assistant configurations). After this period, we will delete your data in accordance with our data retention policies. All accrued payment obligations survive termination. Sections 9, 12, 13, 15, 16, 17, 19, and 20 survive termination.

19. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict-of-law principles.

Any disputes arising out of or relating to these Terms shall first be submitted to good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, the parties submit to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Cybergine.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
• Assignment: You may not assign these Terms without our prior written consent. Cybergine may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Force Majeure: Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control.
• Notices: Notices shall be sent by email to the address associated with your account, or to the email addresses specified below for Cybergine.
• Changes to Terms: We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use of the Service after such changes constitutes acceptance.