Terms of Service

1. Acceptance of Terms

By accessing or using Agent Dilu ("the Service"), operated by Dilexus ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Agent Dilu is a WhatsApp AI Agent platform that provides:

• AI-powered chat responses for WhatsApp Business
• Real-time AI voice calls over WhatsApp
• Voice message transcription and intelligent responses
• Lead scoring and customer qualification
• Knowledge base management for AI responses
• Analytics and usage reporting

The Service is provided through official Meta WhatsApp Business APIs, ensuring compliance with Meta's policies and guidelines.

3. Account Registration and Responsibilities

3.1 Account Creation

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 account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.2 User Responsibilities

You agree to:

• Use the Service only for lawful purposes
• Comply with all applicable laws and regulations
• Obtain necessary consents from individuals whose data you process through the Service
• Ensure your use of the Service complies with Meta's WhatsApp Business API terms
• Not use the Service for spam, unsolicited communications, or fraudulent activities

4. Subscription and Payment

4.1 Pricing and Plans

We offer various subscription plans with different features and usage limits. Current pricing is available on our website. All fees are non-refundable except as expressly stated in these Terms.

4.2 Payment Terms

• Payment is due in advance for each subscription period
• We accept payment methods as displayed on our website
• You authorize us to charge your payment method for the subscription fees
• Prices are subject to change with 30 days' notice

4.3 Usage Limits and Overages

Each plan includes specific message and voice minute limits. Usage exceeding these limits may result in additional charges or service restrictions. You can monitor your usage through the dashboard.

5. Intellectual Property

5.1 Our Property

The Service, including its original content, features, and functionality, is owned by Dilexus and is protected by international copyright, trademark, and other intellectual property laws. Our trademarks may not be used without our prior written consent.

5.2 Your Content

You retain ownership of content you upload to the Service, including knowledge bases, scripts, and customer data. By uploading content, you grant us a license to use, process, and store it solely for providing the Service.

5.3 AI-Generated Content

Responses generated by our AI agents are provided for your business use. You are responsible for reviewing and approving AI-generated content before it is sent to your customers.

6. Acceptable Use Policy

You may not use the Service to:

• Send spam, unsolicited messages, or communications that violate anti-spam laws
• Distribute malware, viruses, or harmful code
• Impersonate any person or entity
• Violate any person's privacy rights
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm any person
• Violate any applicable law or regulation
• Infringe on intellectual property rights
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any part of the Service

7. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. Key points include:

• We store user and client data on secure servers
• We do not sell your personal information to third parties
• WhatsApp data is processed in accordance with Meta's policies
• You are responsible for obtaining consent from your customers

8. Service Level and Availability

We strive to provide 99.9% uptime for the Service. However, we do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible. We are not responsible for:

• Service interruptions caused by Meta/WhatsApp platform issues
• Third-party service provider outages
• Force majeure events
• Issues caused by your equipment or internet connection

9. Disclaimers

9.1 As-Is Service

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

9.2 AI Accuracy

While we strive for accuracy, AI-generated responses may not always be correct or appropriate for your specific use case. You are responsible for reviewing and validating AI outputs before using them in customer communications.

9.3 Third-Party Services

The Service relies on third-party services including Meta's WhatsApp Business API. We are not responsible for the actions, omissions, or policies of third-party service providers.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DILEXUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES

11. Indemnification

You agree to indemnify and hold harmless Dilexus and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload to the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, you will lose access to the Service and your data may be deleted.

12.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Extended periods of inactivity
• Non-payment of fees

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• Outstanding fees remain due
• We may delete your data after a reasonable period
• Provisions that by their nature should survive will remain in effect

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through:

• Good faith negotiation between the parties
• Mediation if negotiation fails
• The courts of Sri Lanka if mediation is unsuccessful

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect
• No Waiver: Our failure to enforce any right or provision will not be considered a waiver
• Assignment: You may not assign your rights under these Terms without our consent
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our control

16. Contact Information

If you have any questions about these Terms, please contact us:

• Through WhatsApp: +94 75 557 7788
• Through our website: agentdilu.com