Terms of Service

3.1 Eligibility

You must be at least 18 years of age and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys. You must notify us immediately at info@ekwayai.com of any unauthorized use or suspected breach of your account. We are not liable for any loss or damage arising from unauthorized access resulting from your failure to safeguard your credentials.

3.3 Account Information

You agree to provide accurate and complete information when creating your account and to keep this information up to date. You may not use false identities, impersonate another person or entity, or use contact information that is not your own.

3.4 Workspace Administration

The workspace owner (the account holder who creates the workspace) is the primary account holder and is responsible for: (a) all activity occurring within the workspace; (b) ensuring that all team members (agents, administrators) comply with these Terms; (c) managing team member access and permissions; and (d) all fees associated with the subscription.

3.5 One Account Per Entity

Each business entity may maintain one primary subscription account. Creating multiple accounts to circumvent plan limits, quotas, or restrictions is prohibited and may result in account termination.

4.1 Subscription Plans

The Service is offered on a subscription basis with plans as described on our pricing page. Plans may differ in the number of seats (agents), connected channels, message volume, feature availability, and support levels. We reserve the right to modify plan offerings, pricing, and features with advance notice.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are stated in US Dollars (USD) unless otherwise specified. You authorize us (or our payment processor) to charge your designated payment method on the applicable billing date. If a payment fails, we will notify you and may suspend access until payment is received.

4.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties (including VAT, GST, or sales tax). You are responsible for paying all such taxes. Where required by law, we will collect and remit applicable taxes on your behalf.

4.4 Plan Changes

You may upgrade your plan at any time; the upgrade takes effect immediately and you will be charged a prorated amount for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. We do not provide prorated refunds for mid-cycle downgrades.

4.6 Late Payments and Suspension

Accounts with overdue balances may be suspended after a reasonable grace period (typically 7 days after the due date). Suspended accounts retain their data but cannot send or receive messages. Accounts that remain unpaid for more than 30 days after the due date may be subject to termination and data deletion in accordance with our data retention policy.

4.7 Free Trials

Where we offer a free trial period, no credit card may be required, and you will not be charged until the trial expires. We will provide advance notice before any trial converts to a paid subscription. If you cancel during the trial period, you will not be charged.

5.1 Prohibited Communications

• Sending unsolicited commercial messages (spam) or bulk messages to individuals who have not opted in to receive communications from you
• Sending messages that are misleading, deceptive, or fraudulent
• Transmitting content that is defamatory, harassing, threatening, obscene, or that infringes any third-party rights
• Conducting phishing attacks or other social engineering schemes
• Sending messages in violation of the CAN-SPAM Act, TCPA, GDPR, or any other applicable anti-spam or consumer protection laws

5.2 Messaging Channel Compliance

• You must comply with the terms, policies, and guidelines of all third-party messaging channels you connect to the Service (including Meta’s WhatsApp Business Policy, Instagram Platform Policy, and Facebook Platform Terms)
• WhatsApp and other channels may require opt-in consent before sending messages; you are solely responsible for obtaining and maintaining such consents
• Violation of channel policies may result in your channel being disconnected, your account being suspended, or your messaging capabilities being revoked by the channel provider

5.3 Prohibited Content

• Content that promotes illegal activities, violence, discrimination based on race, gender, religion, nationality, sexual orientation, or disability
• Content that infringes patents, trademarks, copyrights, trade secrets, or other intellectual property rights
• Malware, viruses, ransomware, spyware, or any other harmful software or code
• Content involving the exploitation of minors in any form

5.4 Platform Abuse

• Attempting to gain unauthorized access to any part of the Service, other accounts, or our infrastructure
• Conducting penetration testing, vulnerability scanning, or load testing without our prior written consent
• Reverse engineering, decompiling, or disassembling any part of the Service
• Using automated bots, scrapers, or scripts to access the Service in a manner that places unreasonable load on our infrastructure
• Reselling or sublicensing the Service without our prior written authorization

6.1 Our Intellectual Property

Ekway AI LLC owns and retains all right, title, and interest in and to the Ekway AI platform, including its software, source code, algorithms, user interface design, graphics, logos, trademarks, service marks, and all associated intellectual property rights worldwide. The Ekway AI name and logo are trademarks of Ekway AI LLC. Nothing in these Terms transfers any ownership of our intellectual property to you.

6.2 License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the subscription term. This license does not include any right to copy, modify, create derivative works of, or commercialize any part of the Service.

6.3 Customer Data and Content

You retain full ownership of all data, content, messages, contact records, and other materials you upload to, create in, or transmit through the Service (“Customer Data”). By using the Service, you grant us a limited, non-exclusive, royalty-free license to access, process, store, and use your Customer Data solely to the extent necessary to provide, operate, and improve the Service on your behalf. We do not claim any ownership rights in your Customer Data.

6.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us an irrevocable, perpetual, royalty-free, worldwide license to use, incorporate, and exploit that Feedback without restriction and without any obligation to compensate or credit you.

7.1 Data Controller and Processor Roles

With respect to personal data of your end-users (your customers) that you process through the Service, you are the data controller and Ekway AI LLC is the data processor acting on your documented instructions. You are responsible for ensuring you have a lawful basis for processing your customers’ personal data and for complying with all applicable data protection laws.

7.2 Your Data Protection Obligations

As a data controller, you represent and warrant that: (a) you have obtained all necessary consents and authorizations to share your customers’ personal data with us; (b) your use of the Service does not violate any applicable privacy or data protection law; and (c) you will promptly notify us of any data subject rights requests that require our involvement as a processor.

7.3 Data Processing Agreements

Enterprise customers or those subject to GDPR, CCPA, HIPAA, or other data protection regimes may request a Data Processing Agreement (“DPA”) by contacting info@ekwayai.com. The DPA will govern our processing of personal data on your behalf and forms part of these Terms for such customers.

7.4 Security

We implement industry-standard technical and organizational security measures to protect the Service and Customer Data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure. You are responsible for implementing appropriate security measures on your end, including access controls and credential management.

8.1 Meta Platforms (WhatsApp, Instagram, Facebook)

Integration with WhatsApp Business, Instagram Direct, and Facebook Messenger is provided via Meta Platforms, Inc.’s APIs. Your use of these integrations is subject to Meta’s WhatsApp Business Policy, Meta Platform Terms, and applicable messaging commerce policies. We are not responsible for changes to Meta’s APIs, policies, or terms that affect the availability or functionality of these integrations.

8.2 Google and Email Services

Email channel functionality may utilize Google Workspace APIs or standard email protocols (SMTP/IMAP). Use of Google integrations is subject to Google’s Terms of Service and the Google API Services User Data Policy.

8.3 Other Third-Party Services

We may offer additional integrations with CRM systems, helpdesk tools, payment processors, and other business software. Each such integration is subject to the terms and privacy policies of the respective third-party provider. We encourage you to review those terms before enabling any integration.

8.4 Disclaimer Regarding Third-Party Services

Ekway AI LLC is not responsible for: (a) the availability, accuracy, or reliability of third-party services; (b) changes to third-party APIs or policies that affect integrations; (c) any data handling practices of third-party providers; or (d) any loss or damage arising from your use of third-party integrations. Your use of third-party services is entirely at your own risk.

9.1 Uptime Target

We target 99.9% uptime availability for the core Ekway AI platform, measured on a monthly basis and excluding scheduled maintenance windows and events outside our reasonable control. This target is aspirational and does not constitute a service level guarantee unless expressly agreed in a separate Service Level Agreement (“SLA”).

9.2 Scheduled Maintenance

We perform routine maintenance to update, improve, and secure the platform. Where possible, scheduled maintenance is performed during low-traffic hours (typically between 02:00 and 06:00 UTC on weekdays). We will provide advance notice of planned maintenance expected to cause significant disruption, typically at least 48 hours in advance via email or in-app notification.

9.3 No Guarantee

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.4 Force Majeure

We are not liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, strikes, government actions, internet service provider failures, or third-party service outages (including cloud infrastructure providers or messaging channel providers).

10.1 Exclusion of Indirect Damages

IN NO EVENT SHALL EKWAY AI LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Ekway AI LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any third-party right, including intellectual property or privacy rights; (c) your Customer Data; or (d) your use of the Service in violation of applicable law.

11.1 Termination by You

You may cancel your subscription and terminate your account at any time from within your account settings or by contacting info@ekwayai.com. Cancellation takes effect at the end of your current billing period; you will retain access to the Service through that date. We do not provide prorated refunds for mid-cycle cancellations (except within the 14-day money-back guarantee window).

11.2 Termination by Us

We may terminate or suspend your account with 30 days’ advance notice for convenience. We may terminate or suspend your account immediately and without prior notice if: (a) you materially breach these Terms; (b) you engage in conduct that poses a security risk or legal liability to us or other users; (c) required to do so by law or a government authority; or (d) payment remains overdue after our grace period.

11.3 Data Export Before Termination

We strongly encourage you to export your data before cancelling or upon receiving notice of termination. Following account termination or expiration, we will make your Customer Data available for export for a period of 30 days. After this 30-day window, your data will be permanently deleted from our systems in accordance with our data retention policy. We are not responsible for any data loss due to your failure to export data within this window.

11.4 Survival

The following sections survive termination: Section 6 (Intellectual Property), Section 10 (Limitation of Liability), Section 12 (Governing Law), and any other provisions that by their nature should survive termination.

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States of America, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at info@ekwayai.com and attempt to resolve the dispute informally. We will similarly attempt to resolve any concerns informally before escalating. Both parties will make a good-faith effort to resolve disputes within 30 days of notice.

12.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in the State of [State]. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AND EKWAY AI LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Arbitrators may not consolidate claims of more than one person, and may not otherwise preside over any form of a representative or class proceeding.