NudgedeskTerms of Service
These Terms govern your use of Nudgedesk, an AI messaging assistant provided by Ahvan Digital ("Nudgedesk", "we", "us"). By creating an account you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.
1. The service
Nudgedesk connects to your Instagram and WhatsApp business accounts and uses AI to reply to your customers' messages on your behalf, capture leads, and give you a dashboard to manage conversations.
2. Meta platforms & your account
- Nudgedesk runs on top of Meta's Instagram and WhatsApp platforms. We are not responsible for any changes Meta makes to its APIs, policies, pricing, features, or availability, or for the effects of those changes on your account or the service.
- We do not control your Instagram or WhatsApp account. We are not responsible if Meta restricts, suspends, bans, or deletes your account, phone number, or message templates. We will help you try to reconnect or recover, but recovery is not guaranteed and we are not liable for the outcome.
- For WhatsApp you must use a phone number you own and control that is not active on the WhatsApp app. Once connected to the API, that number can no longer be used in the normal WhatsApp app; we are not responsible for that change.
- You are responsible for complying with Meta's WhatsApp Business, Commerce, and Instagram policies, including opt-in/consent and anti-spam rules. Violations that lead to bans or penalties are your responsibility.
3. The AI and your messages
- The AI generates replies automatically and may sometimes be inaccurate, incomplete, or off-tone. You are responsible for the information you configure (prices, policies, knowledge) and for overseeing the AI's behaviour. We do not guarantee the accuracy of any AI reply.
- Messages sent on your behalf, including AI-drafted ones, are your business communications and your responsibility.
- We do not guarantee any specific number of leads, sales, conversions, response times, or business outcomes.
4. Availability & third parties
The service is provided "as is" and "as available." We aim for high uptime but do not guarantee uninterrupted service and are not liable for downtime, delays, or missed or undelivered messages, including those caused by Meta, hosting, AI providers, or other third parties we rely on.
5. Your responsibilities
- Obtain valid opt-in/consent from your customers before messaging them, as required by WhatsApp and applicable law.
- No spam, and no illegal, deceptive, harmful, or prohibited content. Do not message people who have not consented.
- Any messaging charges Meta applies (for example, marketing templates) and any billing on your Meta account are your responsibility.
- Keep your Nudgedesk login and your Meta account credentials and access secure.
6. Data & privacy
For your customers' data, you are the data controller/fiduciary and Nudgedesk acts as your processor, handling data only to provide the service, as described in our Privacy Policy. You are responsible for your own privacy notice, lawful basis, and consents, and for any legally required disclosure that a customer is interacting with an automated service.
7. Limitation of liability
To the maximum extent permitted by law, our total liability for any claim is limited to the fees you paid to us in the three months before the claim, and we are not liable for indirect, incidental, or consequential damages, including lost profits, lost data, lost business, or account bans.
8. Indemnity
You agree to indemnify and hold us harmless from claims, losses, or penalties arising from your use or misuse of the service, your content, your violation of any policy or law, or your handling of your customers' data.
9. Changes, termination & law
- We may update the service or these Terms and will give reasonable notice of material changes; continued use means you accept the updated Terms.
- Either party may terminate at any time. On termination the service stops and data is handled per our Privacy Policy and retention terms.
- We are not liable for failures caused by events beyond our reasonable control (force majeure).
- These Terms are governed by the laws of India; the courts of Ahmedabad, Gujarat have exclusive jurisdiction.
10. Contact
Questions about these Terms: hello@nudgedesk.io