TERMS OF SERVICE​
Company: AL Abrish Technologies FZCO (AL Abrish, we, us, our)
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1. ACCEPTANCE
By using our website or services, you agree to these Terms and our Privacy Policy. If you’re entering into this agreement for a company, you confirm you have authority to bind that company. Our services are for business use, not consumers.
2. SERVICES WE PROVIDE
We offer WhatsApp Business API subscriptions, website and software development, consulting, digital marketing, hosting, and maintenance. Some features rely on third parties (for example, Meta/WhatsApp, cloud providers, payment processors). If a third party changes or discontinues a feature, we may adjust the service.
3. ACCOUNTS AND YOUR RESPONSIBILITIES
a) Accuracy: Provide true, current information and keep it updated.
b) Security: Keep credentials, API keys, and logins confidential. You’re responsible for activity under your accounts.
c) Lawful use: Don’t use the services for illegal, harmful, deceptive, or infringing activity. No spam or unsolicited messaging. Get and keep valid consent from recipients where required.
d) Content control: You’re responsible for the content you provide or send through the services.
4. WHATSAPP BUSINESS API SPECIFICS
a) Opt-in: You must obtain and record the required consent/opt-in for each recipient.
b) Compliance: Follow Meta’s and WhatsApp’s policies, template rules, commerce policies, and local laws.
c) Messaging data: We process message content and metadata only to deliver, retry, and troubleshoot messages under your instructions. Message media may be cached for up to 7 days to support delivery, then removed; metadata may be retained for logs and stats as described in our Privacy Policy.
d) Enforcement: If we detect abuse or policy violations, we may pause or limit messaging while we investigate.
5. ORDERS, FEES, AND TAXES
a) Pricing: Prices are listed in your order, proposal, invoice, or on our site. Taxes are extra unless stated otherwise.
b) Billing: Subscriptions and managed services are billed annually in advance. Project work may require a deposit and milestone payments.
c) Late payments: Overdue amounts may incur suspension, late fees, and collection costs. We may suspend or terminate service for non-payment.
d) No refunds: Fees are non-refundable except where required by law or if we explicitly state otherwise in writing.
6. TERM AND TERMINATION
a) Term: Subscriptions auto-renew for successive one-year terms unless either party gives 30 days’ written notice before renewal.
b) Termination for cause: Either party can terminate for a material breach not cured within 15 days of notice. We may terminate immediately for unlawful use, abuse, or risk to the platform.
c) Effect: Upon termination, your right to use the services ends. We may delete data after a reasonable period per our retention policy. You remain responsible for amounts due up to termination.
7. INTELLECTUAL PROPERTY AND WORK PRODUCT
a) Our IP: We retain all rights in our pre-existing technology, methods, templates, tools, and know-how.
b) Deliverables: For custom development work, once you pay in full, you own the final deliverables we specifically create for you, excluding our underlying IP and third-party components. We grant you a perpetual, worldwide license to use any of our underlying IP embedded in those deliverables as needed to use them.
c) License to host and operate: You grant us a license to use your content and trademarks only to provide the services.
8. CUSTOMER CONTENT AND WARRANTIES
You promise that you have all rights to the content you provide; that it doesn’t infringe others’ rights; that it complies with law and platform policies; and that you’ll honor all recipient rights (opt-out, access, deletion).
9. DATA PROTECTION AND SECURITY
a) Roles: For our own website, billing, and marketing, we are the Controller. When we process your end-customer data to deliver services (for example, messaging), we act as your Processor and follow your documented instructions.
b) Privacy: Our Privacy Policy explains what we collect and why.
c) DPA: We’ll sign a Data Processing Addendum on request.
d) Security: We use industry-standard safeguards. No system is perfectly secure; you’re responsible for securing your systems and credentials.
10. ACCEPTABLE USE (SHORT VERSION)
No illegal content; no harassment, hate, or exploitation; no malware; no attempts to break or overload our systems; no unlawful surveillance; no sending of financial, medical, or other sensitive data unless we’ve agreed safeguards in writing. Follow rate limits and fair-use guidance.
11. SUPPORT, MAINTENANCE, AND CHANGES
a) Support: We provide reasonable support during business hours unless your order says otherwise.
b) Maintenance: We may perform scheduled or emergency maintenance.
c) Changes: We may improve or modify features. If a change materially reduces core functionality you already paid for, we’ll work with you on a reasonable solution.
12. THIRD-PARTY SERVICES
Using third-party tools or platforms (cloud, payments, WhatsApp, analytics) may be subject to their terms. We’re not responsible for their acts or omissions.
13. WARRANTIES AND DISCLAIMERS
a) We warrant we’ll perform services with reasonable care and skill. For deliverables, we’ll fix material defects reported within 30 days of delivery.
b) Otherwise, the services and site are provided “as is.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent allowed by law.
14. INDEMNITY
a) By you: You’ll defend and indemnify us against claims arising from your content, your unlawful use, lack of required consents, or violation of law or platform policies.
b) By us: We’ll defend and indemnify you against third-party claims that our unmodified deliverables, as provided by us, directly infringe a patent, copyright, or trademark. Our obligations don’t apply to combinations not supplied by us, changes you make, or use after we notify you to stop. Our options are to modify, replace, or refund prepaid, unused fees for the affected service.
15. LIMITATION OF LIABILITY
To the maximum extent allowed by law:
a) Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenues, data, or goodwill.
b) Each party’s total aggregate liability under these Terms is capped at the fees you paid (or owe) to us for the services giving rise to the claim in the 12 months before the first claim.
16. COMPLIANCE, EXPORT, AND ANTI-CORRUPTION
You’ll comply with applicable laws, including sanctions, export controls, anti-bribery, and data protection rules. Don’t use the services in embargoed countries or for prohibited end-uses.
17. FORCE MAJEURE
Neither party is liable for delays or failures caused by events beyond reasonable control (disasters, outages, war, government actions, labor issues, internet failures), provided the affected party uses reasonable efforts to mitigate.
18. CHANGES TO THESE TERMS
We may update these Terms. If we make material changes, we’ll notify you (for example by email or an in-service notice). Continued use after the effective date means you accept the changes.
19. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. Courts of Dubai have exclusive jurisdiction. Nothing limits either party’s right to seek urgent injunctive relief.
20. ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent (not unreasonably withheld). We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
21. NOTICES
Notices must be in writing. Email is acceptable. Our contact is [privacy@alabrishtechnologies.in](mailto:privacy@alabrishtechnologies.in). Your contact is the email provided in your account or order.
22. ENTIRE AGREEMENT; SEVERABILITY; WAIVER
These Terms, together with your order and our Privacy Policy (and any signed DPA), are the entire agreement. If a clause is unenforceable, the rest remains in effect. Failure to enforce a term isn’t a waiver.
23. CONTACT
Questions about these Terms: privacy@alabrishtechnologies.in