Terms of service

1. The service

LolliBot DM is a messaging and AI automation platform. Depending on your plan it lets you connect messaging channels (such as WhatsApp, Instagram, Facebook Messenger, SMS, email and a website chat widget), manage conversations in a shared inbox, run AI agents that reply to your customers automatically, send broadcasts, book appointments, manage contacts and deals, and connect third-party tools.

The Service is built on software provided by a specialist platform provider, which we license and operate under our own brand. We remain your contracting party and your point of contact for everything in these Terms.

We may add, change or retire features as the Service evolves. Where a change materially reduces what you paid for, we will tell you in advance.

2. Eligibility and your account

The Service is intended for business use. You must be at least 18 years old and able to enter into a binding contract.

• Provide accurate account and billing information and keep it up to date.
• Keep your login details and API keys confidential. You are responsible for everything done under your account, including by your team members and sub-accounts.
• Tell us at [email protected] without delay if you believe your account has been accessed without authorisation.
• Use the Service only in countries where doing so is lawful for you.

3. Fees and payment

Fees are set out in the plan, order or proposal you accepted from us. Unless agreed otherwise in writing, subscription fees are billed in advance for each billing period and usage-based charges (such as message, AI or phone number credits) are billed as they are consumed or bought.

• Fees are exclusive of VAT and other taxes unless stated otherwise. You are responsible for any taxes that apply to your purchase.
• Channel and carrier charges set by third parties (for example WhatsApp conversation fees) are passed through to you at the rates shown in the Service and may change when the provider changes them.
• If a payment fails or is overdue we may suspend the Service after giving you notice, and restore it once payment is received.
• Fees paid are non-refundable except where these Terms or applicable law say otherwise.
• We may change our prices with at least 30 days' notice. A price change takes effect at your next renewal after the notice period.

4. Acceptable use

You are responsible for the messages sent from your account, for the people you contact, and for the way your AI agents are configured. You agree that you will not use the Service to:

• Send messages to people who have not given the consent required by applicable law and by the policies of the messaging channel you use.
• Send spam, unsolicited bulk messages, misleading content, or messages that violate the terms and commerce policies of WhatsApp, Meta, telecom carriers or any other channel provider.
• Harass, threaten, defraud or discriminate against anyone, or process data about someone in a way that breaks the law.
• Upload malware, attempt to gain unauthorised access to the Service or another user's account, or interfere with the Service's operation.
• Resell, sublicense or share your account or the Service with third parties except as your plan expressly allows.
• Use the Service for activities that require licences or safeguards you do not hold (for example regulated financial, medical or legal advice delivered without a qualified professional).

Messaging channel providers enforce their own rules independently of us. A provider may limit, suspend or ban a phone number or account for policy violations. We will help you understand what happened, but we cannot reverse a provider's decision and are not liable for it.

We may suspend or terminate an account that breaches this section. Where practical we will warn you first and give you a chance to fix the issue.

5. AI features

AI agents generate replies automatically from the instructions, knowledge and conversation history you give them. AI output can be inaccurate, incomplete or inappropriate for a particular situation. You are responsible for reviewing how your agents are configured, for the instructions you give them, and for the messages they send on your behalf.

• AI output is not professional advice. Where an answer has legal, medical, financial or safety consequences, a qualified human must review it.
• You must comply with any obligation to tell your customers that they are talking to an AI, and you must give them a way to reach a person where the law requires it.
• Message content is sent to AI providers to generate replies. Section 8 and our Privacy Policy explain how that data is handled. Neither we nor our providers use your content to train AI models.
• We may set usage limits on AI features to keep the Service stable.

6. Your data

"Customer Data" means the contacts, messages, files, agent instructions, knowledge sources and other content you or your customers submit to the Service. You own your Customer Data. You give us the rights we need to store, process, transmit and display it in order to provide the Service to you and to comply with the law.

• You can export your Customer Data from the Service at any time, and for 30 days after your account ends.
• You are responsible for having the right to submit Customer Data to the Service, including consent from the people whose data it contains.
• Deleting a contact removes that contact's conversation history from the live Service. Deleted data leaves backups within 90 days.
• We do not sell Customer Data and do not use it for advertising.

7. Data protection

Our Privacy Policy at https://dm.lollibot.app/legal/privacy describes what personal data we process and why. For personal data contained in your Customer Data you are the controller and we are your processor. Our Data Processing Agreement at https://dm.lollibot.app/legal/dpa sets out the terms of that processing under Article 28 of the GDPR and forms part of these Terms.

You can read how the Service is hosted and protected at https://dm.lollibot.app/legal/security.

8. Third-party services and sub-processors

Delivering the Service involves other companies: the platform provider whose software we operate, the messaging channel providers that carry your messages, AI providers that generate replies, payment processors, and infrastructure providers. They act as our sub-processors under the Data Processing Agreement, and a list of them is available from [email protected].

Where you connect your own accounts with third parties (for example your WhatsApp Business account, a calendar, a CRM, an email account or your own API keys), your use of those accounts is governed by that third party's terms, and you are responsible for keeping those connections in good standing.

9. Intellectual property

The Service, its software, design, documentation and trademarks belong to us or to our licensors. You receive a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. You may not copy, modify, reverse engineer or create derivative works from the Service, or remove any proprietary notice.

If you send us feedback or suggestions we may use them without any obligation to you.

10. Confidentiality

Each of us will keep the other's confidential information (information marked confidential or that a reasonable person would treat as confidential, including pricing, account configuration and Customer Data) secret, use it only to perform this agreement, and protect it with reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law, in which case the disclosing party will be told where permitted.

11. Availability and support

We work to keep the Service available around the clock, but we do not promise uninterrupted operation. Planned maintenance, provider outages, and events outside our control can cause downtime. Any specific service level applies only if it is set out in a separate written agreement with you.

Support is available by email at [email protected]. Response times are on a reasonable-efforts basis unless your plan states otherwise.

12. Warranties and disclaimer

The Service is provided "as is" and "as available". To the fullest extent permitted by law we exclude all warranties, express or implied, including fitness for a particular purpose, non-infringement, and that the Service will be error-free or that any AI output will be accurate. Nothing in these Terms limits rights you have under mandatory consumer or commercial law that cannot be excluded.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential losses, loss of profit, loss of business or loss of data arising out of or in connection with the Service, however caused.

Our total liability to you for all claims arising out of or relating to these Terms in any 12-month period is limited to the fees you paid us in that period. These limits do not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct or gross negligence.

14. Indemnification

You will defend and indemnify us against claims, fines and costs brought by a third party or a regulator that arise from your Customer Data, from messages sent from your account, from your breach of Section 4, or from your breach of data-protection law in relation to the people you contact.

15. Term and termination

• These Terms apply from the moment you create an account until your account is closed.
• You can cancel your subscription at any time from the Service or by emailing [email protected]. Cancellation takes effect at the end of the current billing period unless we agree otherwise.
• We may terminate or suspend your account on notice if you materially breach these Terms and do not fix the breach within 14 days of being told, or immediately for a serious breach of Section 4, non-payment after notice, or where required by law or a channel provider.
• After termination you have 30 days to export your Customer Data. After that we delete it from the live Service, and it leaves backups within a further 90 days, unless we must keep it by law.
• Sections that by their nature should survive (including fees owed, confidentiality, intellectual property, liability and governing law) survive termination.

16. Changes to these Terms

We may update these Terms from time to time. For material changes we will give you at least 30 days' notice by email or in the Service. If you continue to use the Service after the change takes effect you accept the updated Terms. If you do not agree you may cancel before the change takes effect.

17. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, USA. The courts of the State of Wyoming, USA have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, without prejudice to mandatory consumer rules that give you the right to bring proceedings elsewhere. Before starting proceedings each party agrees to try in good faith to resolve the dispute by contacting the other in writing.

18. General

• These Terms, together with the Privacy Policy, the Data Processing Agreement and any order or plan you accepted, are the entire agreement between you and us about the Service.
• If any part of these Terms is found unenforceable, the rest remains in force.
• You may not assign these Terms without our consent. We may assign them to a successor of our business on notice to you.
• Neither party is liable for a failure caused by events beyond its reasonable control.
• Notices to us go to [email protected]. Notices to you go to the email address on your account.

19. Contact

LolliBot DM is operated by kirlos demyan llc, Wyoming, USA. Email: [email protected].