Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by JD Software Labs ("Company," "we," "us," or "our") through our platform at jdsoftwarelabs.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, you may not use the Service.

2. The Service

JD Software Labs provides a SaaS platform that enables businesses to create and manage AI-powered chatbots for WhatsApp Business. Our Service includes:

• Dashboard for chatbot configuration and management
• AI-powered conversation handling using third-party providers (OpenAI, Google Gemini, Anthropic)
• RAG (Retrieval-Augmented Generation) knowledge base with document upload
• MCP tool integrations for extended functionality
• Analytics and conversation history
• Optional integrations with Google Calendar and other third-party services

3. Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You must be at least 18 years old or the age of majority in your jurisdiction to create an account.

4. Third-Party Integrations

The Service integrates with third-party platforms and services. By using these integrations, you acknowledge:

• WhatsApp Business API: Your use is subject to WhatsApp's Terms of Service and Business Policy. You must have a valid WhatsApp Business account.
• AI Providers: Conversations may be processed by OpenAI, Google (Gemini), or Anthropic based on your configuration. Each provider's terms apply to their processing.
• Google Calendar: If enabled, calendar access is governed by Google's Terms of Service. You authorize read/write access to your calendar.
• Payment Processing: Payments are processed by Stripe, subject to Stripe's Services Agreement.

5. Customer Data and Compliance

"Customer Data" means any data you upload, transmit, or process through the Service, including end-user conversation data.

• You retain all rights to your Customer Data
• You grant us a limited license to process Customer Data solely to provide the Service
• You are responsible for obtaining necessary consents from your end-users before collecting their data through our Service
• You must comply with all applicable privacy laws (GDPR, LFPDPPP, CCPA) in your use of the Service
• You must not upload data that violates third-party rights or applicable laws

6. Billing and Subscriptions

Paid features require a subscription. By subscribing, you agree to:

• Pricing: Subscription fees are as displayed at time of purchase. We may change prices with 30 days' notice.
• Billing Cycle: Subscriptions are billed monthly in advance.
• Payment Method: You authorize us to charge your selected payment method for recurring fees.
• Renewals: Subscriptions auto-renew unless cancelled before the renewal date.
• Cancellation: You may cancel anytime through the dashboard. Access continues until the end of the current billing period.
• Refunds: We do not provide refunds for partial billing periods, except as required by law.
• Usage Limits: Some plans include usage limits (messages, documents, etc.). Exceeding limits may result in additional charges or service restrictions.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or WhatsApp's policies
• Send spam, unsolicited messages, or bulk marketing without consent
• Harass, abuse, threaten, or harm any person
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service's infrastructure
• Scrape, harvest, or collect data from the Service without authorization
• Use the Service for any illegal, fraudulent, or deceptive purposes
• Impersonate any person or entity
• Transmit content that is defamatory, obscene, or infringes intellectual property rights

8. Suspension and Termination

We may suspend or terminate your access to the Service:

• Immediately if you breach these Terms or the Acceptable Use policy
• If required by law or legal process
• If your account is inactive for more than 12 months
• If you fail to pay applicable fees after 30 days' notice
• For any reason with 30 days' written notice

Upon termination, your right to use the Service ceases immediately. You may export your data within 30 days of termination, after which we may delete it.

9. Intellectual Property

Ownership and licensing of intellectual property:

• Our IP: The Service, including its design, features, code, and documentation, is owned by JD Software Labs and protected by intellectual property laws. You receive no ownership rights.
• Your IP: You retain all rights to Customer Data and any content you create. We claim no ownership over your data.
• License to Us: You grant us a limited, non-exclusive license to use your content solely to provide and improve the Service.
• Feedback: If you provide suggestions or feedback, we may use it without obligation or compensation to you.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED RESPONSES MAY CONTAIN ERRORS OR INACCURACIES; YOU ARE RESPONSIBLE FOR REVIEWING CHATBOT OUTPUTS FOR YOUR USE CASE.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• INDIRECT DAMAGES: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
• TOTAL LIABILITY: Our total cumulative liability under these Terms shall not exceed the greater of (a) the amounts you paid us in the 12 months preceding the claim, or (b) $100 USD.
• EXCEPTIONS: These limitations do not apply to liability that cannot be excluded by law, or to claims arising from our gross negligence, willful misconduct, or fraud.

12. Governing Law and Disputes

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

• Jurisdiction: Any disputes shall be resolved exclusively in the courts located in Mexico City, Mexico.
• Language: In case of any discrepancy between the English and Spanish versions of these Terms, the Spanish version shall prevail.
• Informal Resolution: Before initiating formal legal proceedings, you agree to contact us at [email protected] to attempt to resolve disputes informally.
• Class Action Waiver: To the extent permitted by law, disputes shall be resolved on an individual basis; you waive the right to participate in class actions.