Terms of Service

The Service

Mobitech provides a platform that unifies messaging channels (including WhatsApp Business API, Instagram, Facebook, TikTok, Telegram, Gmail, X, Threads, LinkedIn, YouTube, Google Business, and web widget), CRM, ticketing, AI-driven automation, and advertising integrations, to help businesses manage customer conversations.

Some channels (e.g. WhatsApp Business API, Meta platforms, Google) are provided through third-party integrations. Your use of those channels through Mobitech is also subject to the relevant third party's terms (e.g. Meta Business Terms, WhatsApp Business Solution Terms, Google APIs Terms of Service), and you're responsible for complying with them.

Accounts and Eligibility

• You must be at least 18 and have authority to enter a binding agreement on behalf of your business.
• You're responsible for the accuracy of account information and for safeguarding login credentials.
• You're responsible for all activity under your account, including that of your team members and any third-party apps you connect.

Free Trials

Free trials are offered at Mobitech's discretion for a limited period. At the end of the trial, continued use requires selecting a paid plan; we may suspend access to trial data if no plan is selected within 7 days.

Subscription, Fees & Billing

• Plans (Starter, Engage, Scale, Enterprise) are billed monthly or annually as selected at checkout, based on the number of users, connected channels, and monthly active contacts ("MAU") included in your plan.
• Usage beyond plan limits (extra users, extra MAU) is billed at the rates disclosed on the Pricing page or your order form.
• Third-party message fees (e.g. WhatsApp/Meta conversation and message fees) are passed through to you at cost, as charged by the underlying provider, and are in addition to your subscription fee.
• Fees are exclusive of taxes; you're responsible for applicable taxes (GST, VAT, sales tax, etc.).
• Except as required by law or stated otherwise, fees are non-refundable. Failure to pay may result in suspension or termination of the Service.
• We may change pricing with at least 30 days' notice before it applies to your next billing cycle.

Customer Data and Your Responsibilities

• "Customer Data" means data you or your end-customers submit to the Service, including messages, contact records, CRM data, and files.
• You remain the data controller for personal data of your own contacts/customers that flows through the Service (e.g. WhatsApp conversations, CRM records). Mobitech acts as your data processor/service provider with respect to that data. A separate Data Processing Agreement (DPA), incorporated by reference, governs our processing obligations.
• You represent that you have the necessary rights, consents, and lawful basis to submit Customer Data to the Service and to communicate with your contacts through the connected channels (including consent required under WhatsApp/Meta commerce and messaging policies).
• You're responsible for the content of messages, campaigns, and automations you send through the Service, and for complying with applicable marketing, anti-spam, and data protection laws in the jurisdictions where your contacts are located.

Acceptable Use

You will not use the Service to:

• Send unsolicited, deceptive, or illegal messages (including spam or messages violating WhatsApp/Meta messaging policies);
• Upload unlawful, infringing, defamatory, or harmful content;
• Attempt to reverse-engineer, resell, or provide the Service to third parties without authorization;
• Interfere with the security or integrity of the Service or connected channels;
• Use the Service to process special categories of personal data (health, biometric, etc.) at scale without prior written agreement on additional safeguards.

We may suspend accounts that violate this section, particularly where violations put our platform status with Meta/WhatsApp or other channel partners at risk.

AI Features

Mobitech's AI agents and automation builder generate suggested responses, routing decisions, and automations based on your configuration and data. AI outputs may be inaccurate; you're responsible for reviewing AI-generated content before it reaches customers where accuracy or compliance matters (e.g. regulated industries). We do not guarantee that AI outputs are error-free.

Intellectual Property

• Mobitech retains all rights to the Service, including software, design, and trademarks.
• You retain ownership of your Customer Data. You grant Mobitech a limited license to host, process, and display Customer Data solely to provide the Service.
• Feedback you provide about the Service may be used by us without restriction or compensation.

Confidentiality

Each party will protect the other's non-public information disclosed in connection with these Terms with reasonable care, and use it only to perform under these Terms.

Third-Party Channels and Availability

The Service depends on third-party APIs (Meta/WhatsApp, Google, TikTok, LinkedIn, etc.). Mobitech is not responsible for outages, policy changes, rate limits, or account suspensions imposed by these third parties, though we'll make reasonable efforts to notify you of known disruptions.

Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Mobitech disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant the Service will be uninterrupted, error-free, or that AI outputs will be accurate.

Limitation of Liability

To the maximum extent permitted by law:

• Mobitech's total liability arising from these Terms or the Service is limited to the fees you paid in the 12 months preceding the claim.
• Mobitech is not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or data, even if advised of the possibility.
• Nothing in these Terms limits liability that cannot be limited under applicable law (e.g. gross negligence, willful misconduct, or death/personal injury).

Indemnification

You agree to indemnify and hold Mobitech harmless from claims arising from: (a) your Customer Data, (b) your violation of these Terms or applicable law, or (c) your use of the Service in violation of a connected channel's policies.

Term and Termination

• These Terms apply for as long as you maintain an account.
• Either party may terminate for convenience per the notice period in your order form, or immediately for material breach not cured within 14 days of notice.
• Upon termination, your access ends; we'll make Customer Data available for export for 30 days post-termination, after which it may be deleted per our data retention schedule.

Changes to the Service or Terms

We may update the Service or these Terms from time to time. Material changes to the Terms will be notified via email or in-product notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

Governing Law & Disputes

These Terms are governed by the laws of Singapore, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms will be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules, seated in Singapore, conducted in English, before a single arbitrator. Enterprise customers may negotiate different jurisdiction/venue terms in an order form.

General

• Entire agreement: These Terms, the DPA, and any order form constitute the entire agreement between the parties.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger or sale of assets.
• Severability: If any provision is unenforceable, the rest remains in effect.
• Force majeure: Neither party is liable for delays caused by events beyond reasonable control.

Contact

Questions about these Terms: care@mobitech.ai

Marvel Integration Technology Pte. Ltd., 391B Orchard Road, #22-00, Ngee Ann City Tower B, Singapore 238874