These Terms of Service ("Terms") govern your access to and use of DawSpark (the "Service"), provided by DawSpark ("we", "us"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service for an organisation, you confirm that you may bind it to these Terms.
1. Your account
- You must provide accurate information and keep your sign-in details confidential. You are responsible for all activity under your account, including that of team members you invite.
- You must be at least 18 years old, or the age of majority where you live, and able to enter into a binding contract.
- Tell us promptly if you suspect unauthorised use of your account.
2. The Service
DawSpark provides tools to connect messaging and social channels, run campaigns, chatbots, voice agents and automations, manage contacts and publish content. Features may change as we improve the Service. Some features depend on third-party platforms (such as WhatsApp, Meta, TikTok, Google/YouTube, X, LinkedIn, Pinterest, Telegram, email and SMS providers, telephony carriers and online stores); their availability, limits and rules are set by those platforms and may change without notice.
3. Plans, credits and payment
- Paid plans are billed in advance for the period shown at purchase. Plans set your account limits and may include credits.
- Credits are consumed by AI features (for example chatbot replies, image generation and voice-agent minutes) at the rates shown in the app. Credits have no cash value, cannot be transferred, and are not refundable except where the law requires.
- Prices may change; changes apply from your next billing period and we will tell you in advance.
- If a payment fails or a plan expires, paid features may be limited until the plan is renewed.
- You can stop renewing at any time; your plan stays active until the end of the paid period. Fees already paid are not refundable unless stated otherwise or required by law.
4. Acceptable use
You agree not to use the Service to:
- send spam or messages to people who have not given the consent required by law, or ignore opt-out requests;
- break the terms or policies of the platforms you connect, including the WhatsApp Business and Commerce Policies, Meta Platform Terms, TikTok, YouTube, X, LinkedIn and Pinterest developer and community rules;
- send illegal, fraudulent, deceptive, hateful, harassing or infringing content, or malware;
- collect or process personal data without a lawful basis, or make calls that break telemarketing or recording laws;
- probe, overload or attack the Service, bypass its limits, or access other users' data;
- resell the Service except through an agency plan that allows it.
We may suspend or limit features, messages or accounts that break these rules or put the Service, our users or third parties at risk.
5. Your content and data
You keep all rights to the content and data you add to the Service. You give us the permission needed to host, process, transmit and display it only to provide the Service to you. You are responsible for your content, for having the rights and consents to use it, and for the messages, posts and calls you send through the Service, including those sent by your automations and chatbots.
6. AI-generated output
AI features produce output automatically and may be inaccurate or incomplete. Review important output before relying on it or sending it to others. You are responsible for how you use AI output, and for configuring your chatbots and voice agents to behave appropriately with your customers.
7. Third-party services
When you connect a third-party account, your use of that platform remains subject to its own terms and privacy policy. We are not responsible for third-party platforms, their availability, or actions they take on your accounts (such as restricting a phone number or page).
8. Agencies and white label
Agencies on an agency plan may offer the Service to their clients under their own brand. Agencies are responsible for their clients' use of the Service, for their own prices and agreements with their clients, and for complying with these Terms. Clients of an agency should contact the agency first for billing and support.
9. Our intellectual property
The Service, including its software, design and documentation, is owned by us or our licensors and is protected by law. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. Feedback you send us may be used to improve the Service without obligation.
10. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate access if you seriously or repeatedly break these Terms, if required by law, or to protect the Service or others. After termination you may request an export of your data for a limited time, after which it is deleted as described in our Privacy Policy.
11. Disclaimers
The Service is provided "as is" and "as available". To the extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. We do not guarantee message delivery, post reach, call outcomes or business results.
12. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Service is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.
13. Indemnity
You agree to defend and hold us harmless from claims arising from your content, your messages and calls, your use of connected platforms, or your breach of these Terms or of the law.
14. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page and, for material changes, notify account owners in advance. Continuing to use the Service after the changes take effect means you accept them.
15. Governing law
These Terms are governed by the laws of the jurisdiction where DawSpark is established, without regard to conflict-of-law rules. Mandatory consumer protections of your country of residence still apply.
16. Contact
Questions about these Terms? Reach us through our contact page.