1. Scope and acceptance
These Terms govern access to and use of WitAsk, a business SaaS solution from Witbor that lets customers create, manage, and send native WhatsApp forms integrated with Zendesk and use the information received in Zendesk.
Anyone who subscribes to, installs, starts a trial of, or uses WitAsk on behalf of an organization represents that they have sufficient authority to bind that organization to these Terms.
2. Business use and requirements
WitAsk is offered exclusively for business use. The Customer must maintain the third-party licenses, accounts, permissions, and configurations required to operate the Service, including Zendesk Suite Professional or higher and, where applicable, Sunshine Conversations, Meta/WhatsApp Business, WABA, and approved message templates.
3. Free trial
WitAsk offers a fourteen (14) day free trial. The trial does not require a payment method. These Terms apply during the trial period.
At the end of the fourteen (14) days, the Customer must purchase a paid subscription and provide a valid payment method to continue using the Service. The end of the trial does not trigger automatic charges.
4. Subscription and billing
The standard plan is a monthly subscription per Zendesk account, paid by card and automatically renewed until canceled. The applicable price is the one shown at the time of purchase.
Witbor may offer alternative local billing arrangements, including quarterly, semiannual, or annual periods, as set out in the applicable quote, order, or agreement. Price changes for future periods will be communicated with reasonable notice and will not affect periods already paid for.
5. Customer responsibility for forms and data
WitAsk is a configurable tool. Witbor does not select the questions in the Customer’s forms or determine the purpose for which the Customer collects responses.
The Customer is responsible for deciding what information to request, whether collecting and using it is appropriate and lawful, and for obtaining the legal bases, consents, authorizations, and privacy notices required by applicable law.
6. Prohibited uses
The Customer may not use WitAsk for unlawful, fraudulent, or abusive activities; infringe third-party rights; compromise the security of the Service; or attempt unauthorized access.
The Customer must not use WitAsk to request passwords, OTP codes, CVV numbers, access tokens, or other authentication or security secrets.
7. Customer data
The Customer retains its rights to its forms, responses, and data. Witbor processes that information only as needed to provide WitAsk.
Witbor does not use end-user responses for advertising, data sales, commercial profiling, or its own training or improvement of WitAsk’s artificial intelligence features.
8. Third-party services and integrations
WitAsk depends on and interacts with third-party services, including Zendesk, Sunshine Conversations, and Meta/WhatsApp. Use of those platforms is also subject to their own terms, policies, permissions, and conditions.
Witbor does not control or guarantee the availability or continuity of those services, approval of message templates, message delivery, continued availability of APIs or features, or their policies or commercial terms.
9. Intellectual property
WitAsk, its software, interface, documentation, brands, designs, and features belong to Witbor or its licensors. The subscription grants the Customer a limited, non-exclusive, non-transferable, revocable right to use WitAsk during the subscribed period.
10. Support and availability
Unless expressly agreed in writing, WitAsk does not include a contractual service-level agreement for availability, response, or resolution. Standard support is provided by email on business days from 11:00 a.m. to 7:00 p.m. Argentina time.
Support email: witask@witbor.com
11. Suspension and termination
Witbor may suspend or terminate access to WitAsk for nonpayment, unlawful or abusive use, material breach of these Terms, security risks, or legal requirements. Where reasonable, Witbor will endeavor to notify the Customer and allow an opportunity to remedy the breach.
12. Changes to the Service
Witbor may update, modify, add, or remove features to maintain or improve WitAsk or adapt it to technical, regulatory, or third-party changes.
13. Disclaimer of warranties
To the fullest extent permitted by applicable law, WitAsk is provided “as is” and “as available.” Witbor does not guarantee uninterrupted operation, complete freedom from errors, or permanent compatibility with third-party services.
14. Limitation of liability
To the fullest extent permitted by applicable law, Witbor will not be liable for lost profits, revenue or benefits, lost opportunities, loss or corruption of data, business interruption, reputational harm, or indirect, special, incidental, consequential, or punitive damages.
Except where liability cannot legally be limited, Witbor’s total aggregate liability arising from WitAsk will not exceed the amounts actually paid by the Customer for WitAsk during the twelve (12) months preceding the event giving rise to the claim.
15. Indemnification
The Customer will indemnify Witbor against third-party claims arising from information the Customer chooses to collect, failure to obtain required consents or authorizations, noncompliance with applicable laws or policies, or use of WitAsk contrary to these Terms.
16. Force majeure
Neither party will be liable for delays or failures caused by events reasonably beyond its control, including widespread failures of the Internet, technology infrastructure, or essential third-party services.
17. Changes to these Terms
Witbor may update these Terms. Material changes will be communicated through reasonable means and will apply from the stated date or to future periods, as applicable.
18. Entity, governing law, and contact
Contracting entity and address: WITBOR TECHNOLOGY LLC · 1820 N Corporate Lakes Blvd, #108A, Weston FL 33326.
Governing law and jurisdiction: United States of America. The specific state and competent forum remain subject to final legal review.
