Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Axel Business Solutions Ltd, a Jamaica limited liability company ("Company," "we," "us," or "our"), governing your access to and use of Inboxxit, including any associated websites, applications, and services (collectively, the "Service").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2 Account Registration

2.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be barred from using the Service under applicable law
• Operate a legitimate business or represent a legitimate organization

2.2 Account Creation

When creating an Account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your registration information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities under your Account
• Notify us immediately of any unauthorized use of your Account

2.3 Account Security

You are responsible for keeping your login credentials confidential, restricting access to Authorized Users only, and all activities that occur under your Account.

2.4 Account Roles

The Service supports the following user roles:

• Owner: Full administrative access, including billing
• Admin: Full access except billing and account deletion
• Manager: Team management and template creation
• Agent: Conversation handling and lead management
• Viewer: Read-only access

3 Service Description

3.1 Core Features

Inboxxit provides:

• WhatsApp Business API integration for messaging
• Customer relationship management (CRM) functionality
• AI-powered message analysis and lead scoring
• Automated chatbot responses with human handoff
• Appointment scheduling with calendar integration
• Template management and performance tracking
• Team collaboration tools

3.2 Service Modifications

We reserve the right to:

• Modify, update, or discontinue features with reasonable notice
• Add new features or functionality
• Change technical requirements
• Update pricing for future subscription periods

We will provide at least 30 days' notice for material changes that negatively affect your use of the Service.

3.3 Beta Features

Beta or preview features are provided "as is" without warranty, subject to change or discontinuation without notice, and not covered by our standard support.

4 Subscription and Billing

4.1 Subscription Plans

Pricing is subject to change with 30 days' notice for future billing periods.

4.2 Billing Terms

• Subscriptions are billed monthly in advance
• Payment is due on the billing date each month
• All fees are quoted and payable in US Dollars (USD)
• Fees are exclusive of applicable taxes

4.3 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express) and debit cards. Payment processing is handled by our third-party payment processor (Stripe).

4.4 Failed Payments

If payment fails:

• We will attempt to charge your payment method again
• We will notify you of the failed payment
• Access may be suspended after 7 days of non-payment
• Your Account may be terminated after 30 days of non-payment

4.5 Refund Policy

After the 30-day period: subscription fees are non-refundable, no refunds for partial months, and no refunds for unused features.

4.6 Taxes

You are responsible for all applicable taxes, duties, and levies. If we are required to collect taxes, they will be added to your invoice.

5 Acceptable Use Policy

5.1 Permitted Use

You may use the Service to:

• Communicate with your customers via WhatsApp
• Manage customer relationships and sales pipelines
• Schedule and manage appointments
• Use AI features to enhance customer service
• Train your team on customer communication

5.2 Prohibited Activities

You agree NOT to:

Illegal Activities:

• Violate any applicable laws or regulations
• Engage in fraud, money laundering, or other financial crimes
• Infringe on intellectual property rights of others
• Distribute illegal content or contraband

Harmful Communications:

• Send spam, unsolicited messages, or bulk promotional content
• Harass, threaten, or abuse others
• Distribute malware, viruses, or malicious code
• Engage in phishing or social engineering attacks

Service Abuse:

• Attempt to gain unauthorized access to the Service or other accounts
• Circumvent security measures or access controls
• Interfere with the Service or other users' use
• Reverse engineer, decompile, or disassemble the Service
• Resell or sublicense the Service without authorization

5.3 Enforcement

Violation of this Acceptable Use Policy may result in warning, temporary suspension, permanent termination, or legal action where appropriate.

6 WhatsApp Business Policy Compliance

6.1 WhatsApp Terms

By using WhatsApp features through the Service, you agree to comply with:

• WhatsApp Business Terms of Service
• WhatsApp Business Policy
• WhatsApp Commerce Policy

6.2 Messaging Requirements

You must:

• Obtain opt-in consent before sending promotional messages
• Provide clear opt-out mechanisms and honor requests within 24 hours
• Maintain high message quality ratings
• Respect 24-hour window — send free-form messages only within 24 hours of customer's last message
• Use approved templates for messages outside the 24-hour window

6.3 Prohibited WhatsApp Activities

• Sending messages without recipient consent
• Using purchased or scraped contact lists
• Sending high volumes of low-quality messages
• Using the Service for dating, gambling, or alcohol promotion (restricted categories)

6.4 Consequences of Violation

7 User Content and Data

7.1 Your Content

You retain all rights to User Content you create or upload. By using the Service, you grant us a limited license to store, process, display, and transmit your User Content as directed by you.

7.2 Content Responsibility

You are solely responsible for:

• The legality of your User Content
• Obtaining necessary rights and permissions
• The accuracy of information you provide
• Backing up your User Content

7.3 Customer Data

Ownership: You own all Customer Data. We process Customer Data solely on your behalf.

Your Obligations: You must obtain appropriate consent from End Users, provide required privacy notices, and comply with applicable data protection laws.

7.4 Data Portability

You may export your data at any time through built-in export features, API access, or customer support request. Upon termination, we provide data export capabilities for 30 days.

8 Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, designs, graphics, interfaces, documentation, and other materials, is owned by us or our licensors. This includes:

• Inboxxit name, logo, and branding
• Service user interface and user experience
• Proprietary algorithms and AI models
• Documentation and training materials

8.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

8.3 Restrictions

You may not copy, modify, create derivative works, reverse engineer, sublicense, sell, or transfer your rights without authorization.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation to you.

9 Third-Party Services

9.1 Integrations

The Service integrates with third-party services including:

• WhatsApp Business API (Meta)
• Google Calendar
• Microsoft Outlook
• AI services (OpenAI, Anthropic)
• Payment processors (Stripe)

9.2 Third-Party Terms

Your use of third-party services is governed by their respective terms and policies.

9.3 No Endorsement

Integration with third-party services does not imply our endorsement. We are not responsible for third-party service availability, performance, terms, or data handling.

10 Artificial Intelligence Features

10.1 AI-Powered Capabilities

The Service uses artificial intelligence for:

• Message Analysis: Detecting intent, sentiment, and urgency
• Lead Scoring: Calculating temperature scores (hot/warm/cold)
• Chatbot Responses: Generating automated replies
• Smart Replies: Suggesting response options
• Booking Detection: Identifying appointment requests

10.2 AI Providers

10.3 AI Limitations

You acknowledge that AI features:

• May produce inaccurate or inappropriate outputs
• Should be reviewed before use in customer communications
• Are not a substitute for human judgment
• May have biases inherent in training data

10.4 Your Responsibilities

When using AI features, you must review AI-generated content before sending to customers, not rely solely on AI for important decisions, and comply with applicable laws regarding automated decision-making.

11 Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms.

11.1 Data Processing Agreement

For customers who require a Data Processing Agreement (DPA) for GDPR or similar compliance, we offer a standard DPA upon request. Contact privacy@inboxxit.com for details.

11.2 Data Security

We implement industry-standard security measures including encryption in transit (TLS 1.3), encryption at rest (AES-256), access controls, and regular security assessments.

11.3 Your Obligations

You are responsible for complying with applicable privacy laws, providing required notices to your End Users, obtaining necessary consents, and responding to data subject requests.

12 Confidentiality

12.1 Confidential Information

"Confidential Information" includes business plans, pricing, strategies, technical information, customer lists, security measures, and any information marked confidential.

12.2 Obligations

Each party agrees to protect Confidential Information with reasonable care, not disclose it to third parties, use it only for the purpose of these Terms, and return or destroy it upon request.

12.3 Exceptions

Confidentiality obligations do not apply to information that is publicly available, was known prior to disclosure, is independently developed, is rightfully received from a third party, or must be disclosed by law.

13 Service Level and Availability

13.1 Target Availability

We target 99.9% monthly uptime for the Service, excluding scheduled maintenance, emergency maintenance, third-party service outages, and force majeure events.

13.2 Scheduled Maintenance

• Announced at least 24 hours in advance
• Occurs during low-traffic hours when possible (2-6 AM UTC)
• Not to exceed 4 hours per month

13.3 Support

We provide customer support via email (support@inboxxit.com) and in-app documentation. Response within 24-48 hours for non-critical issues.

14 Warranties and Disclaimers

14.1 Our Warranties

We warrant that:

• The Service will perform substantially as described in our documentation
• We have the right to provide the Service
• We will use commercially reasonable efforts to maintain Service security

14.2 Disclaimer of Warranties

14.3 Third-Party Disclaimer

We disclaim all liability for third-party services, including WhatsApp, AI providers, and payment processors.

15 Limitation of Liability

15.1 Exclusion of Damages

15.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY for all claims arising from or related to these Terms shall not exceed the greater of:

• The fees paid by you in the twelve (12) months preceding the claim, or
• One hundred US dollars ($100)

15.3 Basis of the Bargain

The limitations and exclusions in this section reflect the allocation of risk between the parties and are an essential basis of the bargain. The Service would not be provided without these limitations.

16 Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Your User Content or Customer Data
• Your violation of applicable laws
• Your violation of WhatsApp policies
• Actions of your Authorized Users

17 Term and Termination

17.1 Term

These Terms commence when you create an Account and continue until terminated. Your subscription continues for successive monthly periods until cancelled.

17.2 Termination by You

You may terminate your subscription at any time by cancelling through account settings or contacting customer support. Termination is effective at the end of your current billing period. No refunds for partial periods.

17.3 Termination by Us

We may terminate or suspend your Account:

Immediately, without notice, for:

• Material breach of these Terms
• Violation of Acceptable Use Policy
• Violation of WhatsApp policies
• Non-payment for 30 days
• Fraudulent or illegal activity

With 30 days' notice for:

• Discontinuation of the Service
• Changes to our business

17.4 Effect of Termination

Upon termination:

• Your right to access the Service ends immediately
• We will delete your data after 30 days (unless legally required to retain)
• You may export your data during the 30-day period
• Accrued obligations survive (payment, indemnification, liability)

18 Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@inboxxit.com and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

• Location: Kingston, Jamaica, or remotely via video conference
• Language: English
• Arbitrator: One neutral arbitrator selected per AAA rules
• Award: The arbitrator's decision is final and binding

18.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18.4 Exceptions to Arbitration

The following may be brought in court: small claims court actions, injunctive relief for intellectual property violations, and actions to enforce an arbitration award.

18.5 Opt-Out

You may opt out of arbitration by sending written notice to legal@inboxxit.com within 30 days of creating your Account.

18.6 Governing Law

These Terms are governed by the laws of Jamaica, without regard to conflict of law principles.

19 General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and us regarding the Service.

19.2 Amendments

We may modify these Terms by posting updated Terms on our website. Material changes will be communicated via email or in-app notice. Continued use after changes constitutes acceptance.

19.3 Waiver and Severability

Failure to enforce any provision does not constitute a waiver. If any provision is found unenforceable, the remaining provisions continue in effect.

19.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet outages.

19.6 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations.

20 Contact Information

For questions about these Terms, please contact us:

Summary of Key Terms

By using Inboxxit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.