Terms of Service

Last updated: 2025-12-19

1. Acceptance of Terms

Welcome to Asistian. By accessing or using our customer relationship management (CRM) platform and related services (collectively, the "Service"), 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.

These Terms constitute a legally binding agreement between you (either an individual or an entity) and Asistian. By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

Asistian provides a cloud-based CRM platform that enables businesses to:

• Manage customer communications across multiple channels (WhatsApp, Facebook Messenger, Instagram, Email)

• Track and manage leads and sales opportunities through customizable pipelines

• Handle customer support tickets and inquiries

• Utilize AI-powered assistants for automated customer interactions

• Schedule appointments and manage bookings

• Create automated workflows and triggers for business processes

• Integrate with third-party services including Meta platforms, Google services, and others

3. Account Registration and Responsibilities

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized access or security breach

• Ensuring that all users within your organization comply with these Terms

3.3 Account Types

Our Service offers different user roles (Administrator, Manager, Agent) with varying levels of access and permissions. The account administrator is responsible for managing user access and ensuring appropriate use of the Service within their organization.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights

• Send spam, unsolicited messages, or engage in deceptive practices

• Transmit malware, viruses, or other harmful code

• Attempt to gain unauthorized access to our systems or other users' accounts

• Use the Service to harass, abuse, or harm others

• Interfere with or disrupt the integrity or performance of the Service

• Reverse engineer, decompile, or disassemble any part of the Service

• Resell or redistribute the Service without our express written consent

• Use the Service in any manner that could damage our reputation or goodwill

5. Third-Party Platform Terms

Our Service integrates with third-party platforms. By using these integrations, you agree to comply with their respective terms and policies:

5.1 Meta Platforms (Facebook, Instagram, WhatsApp)

• You must comply with Meta's Terms of Service

• You must comply with Meta Platform Terms

• For WhatsApp Business, you must comply with the WhatsApp Business Policy

• You are responsible for obtaining proper consent from users before messaging them

• You must not use these platforms for prohibited content or spam

5.2 Google Services

• Calendar and email integrations are subject to Google's Terms of Service

• You must authorize access through Google's OAuth consent process

5.3 Messaging Compliance

When using our messaging features, you are solely responsible for:

• Obtaining proper consent from recipients before sending messages

• Complying with anti-spam laws (CAN-SPAM, GDPR, etc.)

• Using approved message templates for WhatsApp Business

• Respecting messaging windows and platform-specific rules

6. AI Services and Limitations

Our Service includes AI-powered features for automated customer interactions:

6.1 AI Assistant Capabilities

• AI assistants can respond to customer messages, answer questions, and perform actions

• Responses are generated based on your configured instructions and available data

• AI may be used for sentiment analysis, conversation summarization, and booking assistance

6.2 AI Limitations and Disclaimers

• AI responses may not always be accurate, complete, or appropriate

• AI is not a substitute for human judgment or professional advice

• You are responsible for reviewing and monitoring AI-generated content

• We do not guarantee the accuracy or reliability of AI responses

6.3 Your Responsibilities

• Configure AI assistants appropriately for your use case

• Monitor and review AI-generated communications

• Disable AI for sensitive conversations when appropriate

• Ensure AI instructions comply with applicable laws and platform policies

7. Data Ownership and Licensing

7.1 Your Data

You retain all rights to your data, including customer information, messages, files, and other content you upload or create using the Service ("Your Data"). We do not claim ownership of Your Data.

7.2 License to Us

You grant us a limited, non-exclusive, worldwide license to use, process, and store Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete Your Data or close your account.

7.3 Our Intellectual Property

The Service, including its software, design, features, and documentation, is owned by Asistian and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or obligation to you.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time. We will provide reasonable notice of significant changes when possible.

8.3 Third-Party Dependencies

Certain features depend on third-party services (Meta, Google, etc.). We are not responsible for the availability or performance of these external services.

9. Payment and Billing

If you subscribe to a paid plan:

• You agree to pay all applicable fees as described in your subscription plan

• Fees are billed in advance on a recurring basis (monthly or annually)

• All fees are non-refundable unless otherwise stated

• We may change pricing with 30 days' notice before your next billing cycle

• Failure to pay may result in suspension or termination of your account

10. Termination and Suspension

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your access to the Service will end, and your data may be deleted according to our data retention policies.

10.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or applicable laws

• Engage in fraudulent, harmful, or abusive behavior

• Fail to pay applicable fees

• Violate third-party platform terms (Meta, Google, etc.)

10.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We may delete your data after a reasonable period, unless retention is required by law.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT

• WARRANTIES REGARDING THIRD-PARTY SERVICES OR INTEGRATIONS

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

13. Indemnification

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

• Your use of the Service

• Your violation of these Terms

• Your violation of any third-party rights

• Content you upload or transmit through the Service

• Your use of messaging features in violation of platform policies or laws

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt to resolve any dispute informally. We will make good-faith efforts to resolve the matter within 30 days.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

14.3 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of competent jurisdiction, and you consent to the personal jurisdiction of such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Asistian regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Notices

We may send notices to you via email to the address associated with your account. You may send notices to us at the contact information below.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. For significant changes, we may provide additional notice such as email notification. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

17. Contact Us

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

Company: Asistian

Email: no-reply@asistian.com