Terms and Conditions These Terms and Conditions ("Terms") govern the use of Gawbni and constitute the Agreement between You (the "User" or "Customer") and BentaConnect, Inc. (the "Company"). These Terms set out the rights and obligations of all users regarding the use of Gawbni and any related legal relationship with the Company. Your access to and use of Gawbni is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use Gawbni. By accessing or using Gawbni, You agree to be bound by these Terms. If You disagree with any part of these Terms, you may not access Gawbni. Your access to and use of Gawbni is also conditioned on Your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service. Please read our Privacy Policy carefully before using Gawbni. Company Information Gawbni is provided by: BentaConnect, Inc. Registered Address: 131 Continental Dr, Suite 305 Newark, DE 19713 United States Email: contact@gawbni.com Phone: +33 666054249 1. Definitions "Gawbni" or "Platform": The multi-channel messaging and customer communication management platform provided by BentaConnect, Inc.. "Service": The services provided by Gawbni as described in these Terms and on the Platform, including messaging functionality across WhatsApp Cloud API, Facebook Messenger, Instagram, Telegram, and Live Chat. "Agreement": Any legally binding or contractual relationship between the Company and the User, governed by these Terms. "User" or "Customer": Any natural person or legal entity using Gawbni. "Company": BentaConnect, Inc. , the entity that provides Gawbni and the Service to Users. "Content": Any data, text, messages, files, images, or other materials uploaded, transmitted, or stored through Gawbni. "Subscription": A paid plan that allows Users to access and use the Service for a specified period. "Messaging Channels": Third-party messaging platforms integrated with Gawbni, including WhatsApp Cloud API, Facebook Messenger, Instagram Messaging, Telegram, and Live Chat. "Product": Any service, feature, or subscription plan available through Gawbni. "Third Party": External messaging platforms (Meta, Telegram, etc.) or service providers that integrate with Gawbni. 2. Eligibility and Account Registration 2.1 User Requirements To use Gawbni, Users must: - Be at least 18 years of age or the age of majority in their jurisdiction - Have the legal capacity to enter into binding contracts - Provide accurate, complete, and truthful information during registration - Represent a legitimate business entity (for business accounts) 2.2 Account Creation Users must register and create a User account to access the Service. Registration requires: - Full name and business name - Valid email address - Phone number - Business information (company size, industry, website) - Payment information (for paid subscriptions) Failure to provide complete and accurate information may result in unavailability of the Service. 2.3 Account Security Users are responsible for: - Maintaining the confidentiality of their login credentials - Choosing strong passwords that meet security standards - All activities that occur under their username and password - Immediately notifying the Company of any suspected unauthorized access, breach, or theft of credentials 2.4 Account Suspension or Termination The Company reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice if: - The account is deemed inappropriate, offensive, or fraudulent - The User violates these Terms - The account engages in prohibited activities (see Section 5) - Payment obligations are not met - Required by law or regulatory authorities Suspension or deletion shall not entitle Users to compensation, damages, or reimbursement. Users remain liable for any applicable fees or charges. 3. Subscription and Access 3.1 Service Access Gawbni is available through: - Web-based platform accessible via browser - API access (where applicable) - Integrated messaging channels (WhatsApp, Facebook, Instagram, Telegram, Live Chat) 3.2 Trial Period Users may test Gawbni during a limited, non-renewable trial period at no cost. During the trial: - Some features or functions may not be available - Usage limits may apply - The trial shall end automatically and not convert to a paid subscription unless actively purchased The Company reserves the right to modify or cancel the trial offer at any time without notice. 3.3 Subscription Plans Paid subscriptions grant access to the Service based on the selected plan. Subscription details include: - Plan features and limitations - Billing period (monthly, quarterly, annually) - Pricing and payment terms - Usage limits (messages, contacts, channels) Specific plan details are provided during the purchasing process and in the respective sections of Gawbni. 4. Pricing and Payment 4.1 Subscription Fees Users are informed during the purchasing process and before order submission, about any fees, taxes and costs that they will be charged. Unless specified, Prices are displayed exclusive of any applicable fees, taxes and costs, depending on the section the User is browsing. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide Users with reasonable prior notice of any change in Subscription fees. The continued use of the Service after the Subscription fee change comes into effect shall constitute an agreement to pay the modified Subscription fee amount. 4.2 Payment Methods Accepted payment methods are displayed during the purchase process. The Company may use: - Direct payment collection (credit/debit cards, bank transfers) Users must provide valid payment information and authorize recurring charges for subscription renewal. 4.3 Automatic Renewal Unless canceled before the renewal date: - Subscriptions automatically renew for an equal period - Payment is processed automatically using the stored payment method - Users receive notice prior to renewal - Renewed subscriptions are subject to then-current pricing If automatic billing fails, the Company will issue an invoice requiring manual payment. Access may be frozen until payment is received. 4.4 Overage Charges Users may incur additional charges if usage exceeds their subscription limits, including: - Message volume beyond plan allocation - Additional contacts or users - Premium features or add-ons Overage charges are billed at the end of each billing period. Details are provided in the subscription plan documentation. 4.5 Third-Party Charges Gawbni fees are exclusive of charges imposed by Third Parties: - Messaging platform fees (WhatsApp Cloud API, Meta platforms) - Telecommunications charges - Data transfer costs These charges are the User's responsibility. The Company will inform Users of known Third-Party charges, and Users may accept or decline use of the associated channel. 4.6 Late Payments Failure to pay fees or taxes entitles the Company to: - Suspend Service access until payment is received - Declare all outstanding amounts immediately due and payable 4.7 Refund Policy Except when required by law: - Paid subscription fees are non-refundable - No credits for partial service periods - No refunds for upgrade/downgrade differences - No refunds for unused service periods Refund requests may be considered case-by-case at the Company's sole discretion. 5. Acceptable Use Policy 5.1 Permitted Use Gawbni and the Service may only be used: - Within the scope of what they are provided for - In accordance with these Terms and applicable law - For lawful business purposes - In compliance with Third-Party platform policies (WhatsApp, Meta, Telegram) 5.2 Prohibited Activities Users are strictly prohibited from: Illegal Activities: - Violating any applicable laws, regulations, or third-party rights - Engaging in fraud, money laundering, or other criminal activities - Distributing illegal content or materials - Facilitating illegal transactions Abuse and Misuse: - Sending spam, unsolicited messages, or bulk communications without consent - Harassing, threatening, or abusing other users or end-customers - Impersonating any person or entity - Interfering with or disrupting the Service or servers - Attempting unauthorized access to systems or accounts Content Violations: - Distributing malware, viruses, or harmful code - Uploading or sharing pornographic, violent, or hate content - Infringing intellectual property rights - Disseminating false, misleading, or defamatory information Platform Violations: - Violating WhatsApp Business Policy - Violating Meta's Platform Terms and Community Standards - Violating Telegram's Terms of Service - Using automated tools or bots without authorization - Scraping or harvesting user data Technical Violations: - Reverse engineering, decompiling, or disassembling the Platform - Accessing or using undocumented APIs or features - Bypassing security measures or usage limits - Overloading systems or creating excessive load 5.3 Consequences of Violations The Company reserves the right to: - Deny access to Gawbni or the Service - Terminate contracts immediately - Report misconduct to competent authorities - Cooperate with law enforcement investigations - Seek legal remedies for damages 6. Intellectual Property Rights 6.1 Company's Intellectual Property Unless otherwise specified: - All content available on Gawbni is owned by the Company or its licensors - The Company holds and reserves all intellectual property rights - This includes software, algorithms, procedures, documentation, trademarks, logos, and designs Users may not: - Copy, download, or share content beyond necessary service use - Modify, translate, transform, or publish content - Create derivative works from the content - Sell, sublicense, or transfer content to third parties - Allow third parties to use content through their account 6.2 License to Users Subject to compliance with these Terms, the Company grants Users a: - Revocable - Non-exclusive - Non-sublicensable - Non-transferable license to use the software and Platform solely for its intended purpose. This license does not grant access to source code or underlying technology. All rights terminate immediately upon termination or expiration of the Agreement. 6.3 User Content License By providing content to Gawbni, Users: - Confirm they are legally allowed to provide such content - Confirm they are not infringing any third-party rights - Grant the Company a non-exclusive, fully paid-up, royalty-free license to process such content solely for Service operation and maintenance Users remain solely liable for any content they upload, post, share, or provide through Gawbni. 6.4 User's Trademarks During the subscription term, Users grant the Company a worldwide, non-exclusive, royalty-free license to use User's trademarks and logos solely for: - Marketing and promotion of the Company's services - Listing the User as a customer on the Company's website This is subject to User's reasonable trademark usage guidelines. Users may require the Company to cease using their trademarks if continued display would adversely affect their brand image. 7. Data and Backups 7.1 Data Ownership Users retain ownership of all data and content uploaded to or transmitted through Gawbni. 7.2 Company's Data Processing The Company processes User data and end-customer data as described in the Privacy Policy. For client relationships: - Users are the Data Controller for their end-customer data - The Company is the Data Processor acting on User's behalf 7.3 Backups Although the Company performs regular backups: - The Company does not guarantee zero data loss or corruption - Corrupt or invalid backup points may occur - Users acknowledge the Company has no liability for backup integrity or restoration failure Users agree to maintain complete and accurate copies of their Content in a location independent of the Service. 7.4 Data Retention After Termination Upon subscription termination: - Users may export their data within 30 days - The Company will retain data according to legal obligations - Data may be permanently deleted after the retention period 8. Third-Party Services and Messaging Platforms 8.1 Integration with Messaging Platforms Gawbni integrates with third-party messaging platforms: - WhatsApp Cloud API (operated by Meta) - Facebook Messenger (operated by Meta) - Instagram Messaging (operated by Meta) - Telegram (operated by Telegram Messenger Inc.) - Live Chat (website widget) 8.2 Third-Party Terms Use of messaging channels is subject to: - WhatsApp Business Terms and Policies - Meta Platform Terms and Community Standards - Telegram Terms of Service - Any other applicable third-party terms Users must comply with all third-party terms and policies. The Company is not responsible for third-party platform actions, policies, or service availability. 8.3 Third-Party Fees Third parties may charge fees for their services. Users are responsible for: - Reviewing and accepting third-party pricing - Paying third-party fees directly or through the Company (if resold) - Declining third-party services if fees are unacceptable 8.4 Platform Changes and Availability Third-party platforms may: - Change their terms, policies, or fees at any time - Suspend or terminate access to their services - Modify or discontinue features or APIs The Company has no control over third-party decisions and is not liable for changes affecting Service functionality. 8.5 External Resources Gawbni may provide links to external websites or resources. Users acknowledge that: - The Company has no control over external resources - The Company is not responsible for external content or availability - External resource terms apply separately 9. Service Availability and Maintenance 9.1 Service Level The Company strives to provide reliable service but does not guarantee: - Uninterrupted or error-free operation - Compatibility with all systems or devices - Specific performance or reliability standards - That defects will be corrected 9.2 Maintenance and Updates The Company reserves the right to: - Interrupt Service for maintenance or updates - Suspend Service for system improvements - Modify or discontinue features - Terminate Service altogether (with appropriate notice) 9.3 Force Majeure Service may be unavailable due to reasons beyond the Company's control, including: - Natural disasters, war, terrorism - Labor actions, strikes - Infrastructure failures, internet outages - Government actions or regulations - Acts of God or other force majeure events The Company is not liable for service interruptions due to force majeure. 10. Cancellation and Termination 10.1 User-Initiated Termination Users may terminate their account by: - Contacting Company support at contact@gawbni.com - Following the cancellation process in account settings Termination takes effect at the end of the current subscription period. Early termination is not permitted and no prorated refunds are provided. 10.2 Company-Initiated Termination The Company may terminate User accounts: - For violation of these Terms - For non-payment of fees - For prohibited activities - At the Company's discretion with 30 days notice - Immediately for serious violations or legal requirements 10.3 Effects of Termination Upon termination: - User access to the Service ends - No refunds for remaining subscription period - Data export must be completed before final deletion - Outstanding fees remain due and payable - Users must cease use of Company trademarks 11. Warranties and Disclaimers 11.1 Service "As Is" Gawbni is provided strictly on an "AS IS" and "AS AVAILABLE" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by law, the Company expressly disclaims all warranties, including: - Implied warranties of merchantability - Fitness for a particular purpose - Non-infringement of third-party rights - Accuracy, reliability, or correctness of content - Uninterrupted or secure service 11.2 No Guarantees The Company does not warrant that: - The Service will meet Users' requirements - The Service will be available at any particular time or location - Defects or errors will be corrected - The Service is free of viruses or harmful components - Messages will be delivered successfully - Third-party platforms will remain available or compatible 11.3 Third-Party Services The Company does not warrant, endorse, or assume responsibility for: - Third-party messaging platforms or their reliability - Third-party products or services - External websites or resources Users interact with third parties at their own risk. 12. Limitation of Liability 12.1 General Limitations To the maximum extent permitted by applicable law, the Company shall not be liable for: - Indirect, incidental, special, consequential, or punitive damages - Loss of profits, revenue, data, or business opportunities - Service interruptions or unavailability - Third-party platform actions or failures - Errors, defects, or security breaches - User or third-party content 12.2 Maximum Liability In any event, the Company's total liability shall not exceed: - The total amount paid by the User to the Company in the 12 months preceding the claim, or - The amount paid during the Agreement term, if shorter 12.3 Essential Services Nothing in these Terms excludes liability for: - Death or personal injury caused by negligence - Fraud or fraudulent misrepresentation - Any liability that cannot be excluded by law 12.4 Jurisdictional Variations Some jurisdictions do not allow certain exclusions or limitations. In such cases, limitations shall apply to the greatest extent enforceable under applicable law. 13. Indemnification 13.1 User Indemnification Users agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, officers, directors, agents, partners, and employees from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from: - User's use or misuse of the Service - Violation of these Terms - Violation of any law or third-party rights - User Content or communications - User's relationship with end-customers - Third-party claims related to User's business 13.2 Company's Rights In the event of a claim: - The Company will notify the User promptly - The Company may assume control of defense - Users must cooperate fully with the Company - Users may not settle claims without Company consent 14. Dispute Resolution 14.1 Amicable Resolution Users are encouraged to contact the Company to resolve disputes amicably before pursuing legal action: - Email:contact@gawbni.com - Include description of issue and account details - The Company will attempt to resolve disputes in good faith 15. Modifications to Terms 15.1 Right to Modify The Company reserves the right to amend or modify these Terms at any time. Changes may be made to reflect: - Legal or regulatory requirements - Service improvements or changes - Business practice updates 15.2 Notice of Changes For material changes, the Company will provide: - Reasonable prior notice via email or Platform notification - Updated "Last Updated" date at the top of these Terms - Description of significant changes 15.3 Acceptance of Changes Continued use of Gawbni after changes take effect constitutes acceptance of the revised Terms. If Users do not accept the changes: - They must stop using the Service - Either party may terminate the Agreement - Previous version governs the relationship prior to acceptance 16. General Provisions 16.1 Entire Agreement These Terms, together with the Privacy Policy and any Order Forms, constitute the entire agreement between Users and the Company regarding Gawbni and supersede all prior agreements and understandings. 16.2 Assignment Users may not assign or transfer their rights or obligations under these Terms without written permission from the Company. The Company may assign or transfer its rights or obligations, taking Users' legitimate interests into account. 16.3 Severability If any provision of these Terms is deemed invalid or unenforceable: - The remaining provisions remain in full force - Invalid provisions shall be interpreted to be valid and enforceable to the maximum extent - Parties will work in good faith to replace invalid provisions 16.4 No Waiver The Company's failure to enforce any right or provision does not constitute a waiver of such right or provision. 16.5 Language These Terms are drafted in English and may be translated into other languages. In case of inconsistency, the English version prevails. 16.6 Notices All notices and communications must be sent to: - Company: contact@gawbni.com - User: The email address associated with the account Notices are deemed received when sent via email. 16.7 Fair Use Policy To ensure quality service for all Users, the Company reserves the right to enforce fair use limits on: - Message volume - Contacts and users - Storage and bandwidth - API calls - Any other Service feature Users may not use Gawbni in a manner that damages, overburdens, or impairs the Service or interferes with other Users. 17. API Access 17.1 API Usage Users may access data through the Application Program Interface (API) where available. API use is subject to: - These Terms - Additional API documentation and guidelines - Rate limits and usage restrictions 17.2 API Limitations The Company bears no responsibility for: - Damages or losses from API use - Third-party services that access data through the API - API availability, reliability, or compatibility API access may be modified or discontinued at any time. 18. Meta Business Verification and Compliance 18.1 Business Verification Requirements To provide WhatsApp Business API and Meta messaging services, Users may need to: - Complete Meta Business Verification - Provide business documentation - Comply with Meta's Platform Terms - Maintain accurate business information 18.2 User Obligations Users agree to: - Provide accurate information for verification - Maintain compliance with Meta policies - Respond promptly to verification requests - Update information as needed 18.3 Verification Failure If Users fail verification or violate Meta policies: - Access to Meta platforms may be suspended or terminated - The Company is not liable for Meta's decisions - Users remain liable for subscription fees 19. Contact Information For questions, support, or notices regarding these Terms: BentaConnect, Inc. - Gawbni Address: 131 Continental Dr, Suite 305 Newark, DE 19713 United States Email: contact@gawbni.com Phone: +33 666054249 Website: Gawbni .com BY USING GAWBNI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Last update : 02/12/2025