Effective Date: 2025-08-07
Last Updated: 2025-08-07
These Terms of Service govern your use of our SaaS platform.
1. Introduction
These Terms of Service ("Terms") govern your use of the SaaS platform (the "Service") provided by Wisdomate ("we," "us," or "our"). By accessing or using the Service, you ("Customer," "you") agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind such entity.
2. Description of Service
Our Service is a cloud-based SaaS platform comprising three modules:
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Business Intelligence Module:
Aggregates data from integrated third-party platforms (e.g., Shopify, Magento, Google Ads, Google Analytics, 7Pixel, Awin, Bing Ads) to generate dashboards and Key Performance Indicators (KPIs).
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Conversational Marketing Module:
Enables marketing campaigns via API integrations with WhatsApp, Facebook Messenger, Instagram, and similar platforms.
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AI Customer Care Module:
Utilizes artificial intelligence ("AI Agents") to automate pre-sales and post-sales customer support.
You are responsible for:
- Maintaining valid accounts with third-party platforms (e.g., Google, Meta, WhatsApp).
- Compliance with all platform-specific terms (e.g., WhatsApp Business Policy, Meta Terms).
3. Account Registration & Security
- You must provide accurate registration information and safeguard your login credentials.
- You are liable for all activities under your account. Notify us immediately of unauthorized use.
4. Data Privacy & Compliance
4.1 Data Processing
We act as a data processor for personal data you submit or sync via the Service. You are the data controller and warrant you have lawful grounds (e.g., consent) to process such data.
Our Data Processing Addendum (DPA), incorporated herein, complies with GDPR, CCPA, and similar laws.
4.2 Third-Party Data Integrations
You authorize us to access your accounts on integrated platforms (e.g., Shopify, Google Ads) solely to deliver the Service.
We are not responsible for third-party platform downtime, policy changes, or data accuracy.
4.3 AI Customer Care Data
AI Agents may process customer data (e.g., chat histories). You warrant that:
- Data is collected lawfully.
- Customers are informed of AI involvement where required.
AI responses are automated; we do not guarantee accuracy or legal compliance. Human oversight is recommended.
5. Acceptable Use
You agree not to:
- Use the Service for illegal, fraudulent, or spam activities (e.g., unsolicited messaging via WhatsApp/Messenger).
- Violate platform-specific rules (e.g., Google API Services User Data Policy).
- Train AI Agents with unlawful or sensitive data (e.g., health information, payment details).
- Reverse-engineer, scrape, or disrupt the Service.
6. Intellectual Property
- We retain all rights to the Service, software, and trademarks.
- You own data you input. You grant us a limited license to process it solely for providing the Service.
- Feedback or suggestions you submit may be used by us without compensation.
7. Payment & Billing
- Fees are billed monthly/annually in advance.
- No refunds for partial use or early termination.
8. Disclaimers
The service is provided "as is." We disclaim all warranties, including:
- Accuracy: BI dashboards rely on third-party data; we do not guarantee its precision.
- AI Limitations: AI Agents may generate incorrect or offensive responses. Human monitoring is advised.
- Uptime: We strive for 24/7 availability but do not guarantee uninterrupted service.
9. Limitation of Liability
We shall not be liable for:
- Indirect, incidental, or consequential damages (e.g., lost profits).
- Damages arising from:
- Third-party integrations (e.g., Shopify API failure).
- AI Agent actions (e.g., inappropriate customer responses).
- Your breach of platform terms (e.g., WhatsApp suspension).
Our total liability is capped at fees paid in the 6 months preceding the claim.
10. Indemnification
You will indemnify us against claims arising from:
- Your misuse of the Service or third-party platforms.
- Unlawful data processed by AI Agents.
- Violations of messaging platform rules (e.g., spam complaints).
11. Termination
- Either party may terminate for material breach with 30 days' written notice.
- Upon termination, your data will be deleted within 60 days unless legally required to retain it.
12. Governing Law & Disputes
- These Terms are governed by the laws of Italy.
- Disputes will be resolved via binding arbitration in Viareggio under Italian Civil Code.
13. Changes to Terms
We may update these Terms with 30 days' notice (e.g., via email or Service notification). Continued use constitutes acceptance.