Terms of Service

1. Acceptance of Terms

By accessing or using OmniDesk ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

OmniDesk provides an omnichannel customer messaging platform that allows businesses to manage customer conversations across multiple messaging channels including WhatsApp, Instagram, Messenger, Telegram, LinkedIn, and others through a unified dashboard. The Service includes AI-powered automation, team collaboration tools, analytics, and CRM features.

3. Account Registration

To use the Service, you must register for an account and provide accurate, complete information. You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access at security@getomnidesk.com
• Ensuring your account information remains current and accurate

You may not share your account credentials or create accounts for the purpose of reselling access to the Service.

4. Acceptable Use

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

• Violate any applicable laws, regulations, or third-party platform policies (including WhatsApp Business Policy, Meta Platform Terms, etc.)
• Send unsolicited messages, spam, or engage in mass messaging without recipient consent
• Use the Service to harass, abuse, threaten, or harm any person
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or sublicense the Service without our written consent
• Interfere with or disrupt the integrity or performance of the Service
• Upload or transmit malware, viruses, or other malicious code

5. Subscription and Payment

Subscription Plans

The Service is offered on a subscription basis. Current plans, pricing, and features are described on our Pricing page. We reserve the right to change pricing with at least 30 days' notice to existing subscribers.

Billing

Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly set forth in these Terms or required by applicable law.

Free Trial

We may offer a free trial period. At the end of the trial, your account will be downgraded to the free tier unless you provide payment information and subscribe to a paid plan.

Late Payment

If payment fails, we will notify you and attempt to process payment again. If payment is not received within 14 days, we may suspend your account. Suspended accounts retain data for 30 days before deletion.

6. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by OmniDesk and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription term.

You retain all rights to the content and data you create or upload through the Service ("Your Content"). By using the Service, you grant OmniDesk a limited license to host, display, and process Your Content solely as necessary to provide the Service.

7. Data Processing

By using the Service to process your customers' personal data, you appoint OmniDesk as a data processor acting on your instructions. You are responsible for ensuring you have a lawful basis to collect and share your customers' data with us. Our Privacy Policy and Data Processing Agreement govern our handling of personal data.

8. Third-Party Integrations

The Service integrates with third-party platforms (WhatsApp, Meta, Telegram, etc.). Your use of these integrations is subject to those platforms' respective terms and policies. OmniDesk is not responsible for any changes, outages, or policy changes by third-party platforms.

9. Service Availability and SLA

We target 99.9% monthly uptime for the Service. Planned maintenance windows will be announced at least 48 hours in advance. Check our Status page for real-time service health. Downtime caused by third-party platforms, force majeure events, or your own actions is not included in our uptime calculations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO OMNIDESK IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings. We may suspend or terminate your account immediately if you breach these Terms, without refund of prepaid fees. Upon termination, your right to use the Service ceases immediately and your data will be retained for 30 days before permanent deletion.

13. Governing Law

These Terms are governed by the laws of the United Arab Emirates. Any disputes shall be resolved by binding arbitration in Dubai, UAE, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to Terms

We may modify these Terms at any time. We will provide at least 14 days' notice of material changes via email. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at legal@getomnidesk.com.