1. Acceptance of Terms

Welcome to AudienceJet. These Terms of Service ("Terms") constitute a legally binding agreement between you and AudienceJet ("Company," "we," "us," or "our") governing your access to and use of our WhatsApp Business automation platform, including our website at audiencejet.com, mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of an organization or entity ("Organization"), you are agreeing to these Terms for that Organization and representing that you have the authority to bind that Organization to these Terms. In that case, "you" and "your" refer to that Organization.

We may update these Terms from time to time. We will notify you of material changes by email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

2. Definitions

• "Business User" means a restaurant, cafe, cloud kitchen, or other food business that registers for and uses AudienceJet to automate their WhatsApp ordering.
• "End User" or "Customer" means an individual who interacts with a Business User through the WhatsApp chatbot powered by AudienceJet.
• "Platform" means the AudienceJet software, dashboard, APIs, and related technology.
• "WhatsApp Business API" means Meta's official API for WhatsApp Business communications.
• "WABA" means WhatsApp Business Account.
• "Message Template" means pre-approved message formats used for business-initiated conversations on WhatsApp.
• "Catalog" means the product listing displayed on WhatsApp.
• "Credit" means the prepaid balance used to cover WhatsApp messaging costs.

3. Our Services

AudienceJet provides a platform that enables food businesses to:

• Connect their WhatsApp Business Account through Meta's Embedded Signup
• Create and manage automated chatbot flows for food ordering
• Sync and manage product catalogs on WhatsApp
• Receive and process customer orders
• Accept online payments through integrated payment gateways
• Send automated notifications and updates to customers
• Manage deliveries and driver assignments
• Access analytics and business insights
• Run AI-powered marketing campaigns (with AI Add-On)

3.1 Service Availability

We strive to provide reliable Services, but we do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unscheduled maintenance or emergency repairs
• Third-party service disruptions (including Meta/WhatsApp)
• Force majeure events

3.2 Third-Party Dependencies

Our Services depend on third-party platforms including:

• Meta/WhatsApp: For the WhatsApp Business API
• Stripe: For subscription billing
• MyFatoorah/Tap: For customer payment processing

We are not responsible for the availability, performance, or terms of these third-party services.

4. Eligibility

To use AudienceJet, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms
• Operate a legitimate business (for Business Users)
• Comply with all applicable laws in your jurisdiction
• Not be prohibited from using the Services under UAE law or any other applicable law
• Have a valid phone number capable of receiving WhatsApp messages

4.1 Business Eligibility

Business Users must:

• Operate in an industry permitted by Meta's WhatsApp Commerce Policy
• Sell products permitted under applicable food safety regulations
• Have necessary business licenses and permits
• Comply with Meta's Business Messaging Guidelines

4.2 Prohibited Businesses

The following types of businesses are prohibited:

• Businesses selling illegal products or services
• Businesses selling alcohol (unless properly licensed)
• Businesses selling tobacco products
• Businesses violating Meta's Commerce Policy

5. Account Registration & Security

5.1 Account Creation

To use our Services, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful registration information
• Keep your account information up to date
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

5.2 Account Security

You are responsible for:

• Creating a strong, unique password
• Not sharing your account credentials
• Logging out of shared devices
• Enabling available security features

5.3 Account Verification

We may require verification of your identity or business through:

• Email verification
• Phone number verification
• Business document verification
• Meta Business verification

6. WhatsApp Integration & Meta Terms

6.1 Meta Compliance

By using our Services, you agree to comply with:

• WhatsApp Business Terms of Service
• WhatsApp Business Messaging Policy
• Meta Commerce Policy
• Meta Platform Terms

6.2 Permissions Granted

During onboarding, you will grant AudienceJet the following Meta permissions:

• whatsapp_business_messaging: To send and receive messages
• whatsapp_business_management: To manage message templates and settings
• catalog_management: To manage your product catalog

6.3 Message Templates

Message templates must be approved by Meta before use. You agree:

• Not to submit misleading or deceptive templates
• To use templates only for their approved purpose
• To accept Meta's final decision on template approvals

6.4 Messaging Best Practices

You agree to:

• Only message users who have initiated contact or opted in
• Respect user requests to stop receiving messages
• Not send spam or unsolicited promotional content
• Respond to customer inquiries in a timely manner

6.5 Credit Line Usage

AudienceJet may provide access to Meta's credit line for messaging costs. You agree:

• To use the credit line only for legitimate business messaging
• To reimburse any costs incurred through your account
• That abuse may result in immediate suspension

7. Pricing & Billing

7.1 Subscription Plans

7.2 WhatsApp Messaging Credit

• Starter Plan: $50 free credit; auto-reload $50 when balance < $10
• Professional Plan: Auto-reload $100 when balance < $20
• Credit is used to cover Meta's per-conversation fees
• Unused credit is non-refundable and non-transferable

7.3 Platform Fee

The platform fee is calculated as a percentage of each completed order's subtotal (before delivery fees and discounts). The fee is charged to your credit balance.

7.4 Payment Terms

• Subscription fees are billed monthly in advance via Stripe
• Credit card is required for Professional plan
• All prices are in USD unless otherwise specified
• Prices exclude applicable taxes

7.5 Failed Payments

If a payment fails:

• We will attempt to charge again within 3 days
• Services may be suspended after 7 days of non-payment
• Accounts may be terminated after 30 days of non-payment

7.6 Refunds

• Subscription fees: Pro-rated refund within first 14 days
• Credit balance: Non-refundable
• Platform fees: Non-refundable once charged

7.7 Price Changes

We may change prices with 30 days' advance notice. Changes will not affect the current billing period.

8. Acceptable Use Policy

8.1 You Agree NOT To:

• Use the Services for any unlawful purpose
• Send spam, unsolicited messages, or engage in deceptive practices
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Interfere with or disrupt the Services
• Attempt to gain unauthorized access to our systems
• Use automated means to access the Services without permission
• Reverse engineer, decompile, or disassemble our software
• Circumvent any security measures
• Resell or redistribute the Services without authorization
• Use the Services to compete with AudienceJet
• Violate any Meta/WhatsApp policies

8.2 Content Standards

Content you create or upload must not:

• Be illegal, harmful, or offensive
• Infringe intellectual property rights
• Contain malware or malicious code
• Be false, misleading, or deceptive
• Promote illegal activities

8.3 Enforcement

We may, without prior notice:

• Remove content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal activities to authorities
• Take legal action to protect our rights

9. Content & Data Ownership

9.1 Your Content

You retain ownership of content you create or upload ("Your Content"), including:

• Business information and branding
• Product catalog and images
• Custom message templates

9.2 License to Us

You grant AudienceJet a non-exclusive, worldwide, royalty-free license to use, store, display, and transmit Your Content solely to provide the Services.

9.3 Customer Data

You acknowledge that:

• You are the data controller for your customers' data
• You are responsible for compliance with data protection laws
• You will not use customer data for purposes beyond fulfilling orders and permitted marketing

9.4 Data Portability

Upon request, we will provide your data in a standard format within 30 days.

10. Intellectual Property

10.1 Our IP

AudienceJet and its licensors own all rights in:

• The AudienceJet name, logo, and branding
• The Platform software and technology
• Documentation and training materials
• Any improvements or modifications to the Platform

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription period.

10.3 Feedback

If you provide feedback or suggestions, you grant us the right to use them without compensation or attribution.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ACTIONS OR OMISSIONS OF THIRD PARTIES (INCLUDING META, PAYMENT PROCESSORS)

11.3 Exceptions

These limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of laws that cannot be limited.

12. Indemnification

You agree to indemnify and hold harmless AudienceJet, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or business practices
• Disputes between you and your customers

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Contacting support@audiencejet.com
• Using the account deletion feature in the dashboard

13.2 Termination by Us

We may suspend or terminate your account:

• For violation of these Terms
• For violation of Meta's policies
• For non-payment
• If required by law
• If we discontinue the Services (with 30 days' notice)

13.3 Effect of Termination

Upon termination:

• Your access to the Services will cease
• Outstanding fees become immediately due
• Your data will be retained per our Privacy Policy
• You may request data export within 30 days

13.4 Survival

Sections 9-16 survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of law principles.

14.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@audiencejet.com to attempt informal resolution for at least 30 days.

14.3 Arbitration

Any dispute not resolved informally shall be finally settled by arbitration under the rules of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in Dubai, UAE, in the English language.

14.4 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class actions.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and AudienceJet.

15.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign these Terms without our consent. We may assign our rights to an affiliate or successor.

15.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control.

15.6 Notices

Notices to us should be sent to legal@audiencejet.com. We will send notices to your registered email address.

16. Contact Information