1. Definitions
In these Terms:
- "Eshal" means Eshal Technologies LLC, registered in the United Arab Emirates
- "Platform" means Eshal's AI customer communication and workflow automation software, accessible at eshal.ai and via API
- "Customer" or "you" means the business or individual that has subscribed to or uses the Platform
- "End-customer" means a third party who interacts with the Platform through Customer's channels
- "Subscription" means a paid or trial access plan for the Platform
- "Customer Data" means all data submitted to or processed by the Platform on Customer's behalf
- "Services" means the Platform, implementation support, and any professional services provided by Eshal
2. Access and accounts
To access the Platform, you must create an account and provide accurate, complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Promptly notifying Eshal of any unauthorised access at security@eshal.ai
- Ensuring that all users of your account comply with these Terms
Eshal may suspend or terminate access if we reasonably believe that account credentials have been compromised or that the account is being used in violation of these Terms.
3. Subscription and fees
3.1 Plans and billing
The Platform is offered under subscription plans as described on our Pricing page. Subscription fees are billed monthly or annually in advance, as selected at sign-up. All fees are stated in USD unless otherwise agreed in writing.
3.2 Payment
Fees are due on the billing date. If payment fails, Eshal will notify you and provide a 7-day grace period. Continued failure to pay may result in suspension of access. We use a PCI-DSS compliant payment processor; Eshal does not store payment card numbers.
3.3 Refunds
Monthly subscriptions are non-refundable once a billing period has commenced. Annual subscriptions are refundable on a pro-rata basis within the first 30 days if the Platform fails to meet the SLA commitments described in your Service Agreement.
3.4 Changes to fees
Eshal may change subscription fees with 60 days' written notice. You may cancel before the new fees take effect if you do not accept the change.
4. Acceptable use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
- Use the Platform to process data in violation of applicable law, including the UAE PDPL, GDPR, or other applicable data protection regulations
- Transmit or process content that is illegal, harmful, defamatory, or violates third-party intellectual property rights
- Attempt to reverse-engineer, decompile, or extract the source code or model weights of the Platform
- Use the Platform to send unsolicited commercial messages (spam), including via WhatsApp Business API in violation of Meta's Terms
- Share account credentials with parties outside your organisation
- Use the Platform to train competing AI products or services
- Interfere with the security, availability, or integrity of the Platform
- Misrepresent the AI as a human agent to end-customers in contexts where disclosure is required by law
5. Intellectual property
Eshal retains all intellectual property rights in the Platform, including its AI models, software, and documentation. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Platform for your internal business purposes during the term of your Subscription.
You retain all intellectual property rights in your Customer Data. By using the Platform, you grant Eshal a limited licence to process your Customer Data solely to provide the Services.
Eshal does not use your Customer Data - including conversation transcripts and business data - to train AI models or improve the Platform for other customers without your explicit written consent.
6. Customer data
Eshal processes Customer Data as a data processor acting on your instructions. The terms governing data processing are set out in the Data Processing Agreement (DPA), which forms part of your Service Agreement. The DPA covers:
- Data processing purposes and scope
- Technical and organisational security measures
- Sub-processor list and change notification process
- Data subject rights assistance
- Data deletion on termination
You are responsible for ensuring that you have the legal right to submit Customer Data to the Platform - including obtaining any necessary consents from end-customers - and that doing so complies with applicable data protection law.
7. Confidentiality
Each party agrees to maintain the confidentiality of the other's non-public information received in connection with these Terms ("Confidential Information") and to use it only for the purpose of performing obligations under these Terms. Confidential Information does not include information that is or becomes publicly available other than through breach of this clause, or that was independently developed without use of Confidential Information.
8. Warranties and disclaimers
Eshal warrants that the Platform will perform materially as described in the documentation during the Subscription term, and that Eshal will maintain appropriate security measures as described in its ISO 27001 certification.
Except as expressly stated, the Platform is provided "as is". Eshal does not warrant that the Platform will be error-free, that AI-generated outputs will be accurate in every case, or that the Platform will meet all specific requirements of your industry or regulatory environment. You are responsible for reviewing AI outputs and ensuring that your use of the Platform complies with all applicable regulations in your jurisdiction.
9. Limitation of liability
To the maximum extent permitted by UAE law, Eshal's total liability arising out of or in connection with these Terms will not exceed the total fees paid by you in the 12 months preceding the claim.
Neither party will be liable for indirect, incidental, special, consequential, or punitive damages - including loss of profit, revenue, or data - even if advised of the possibility of such damages.
These limitations do not apply to: (a) death or personal injury caused by negligence; (b) fraud or wilful misconduct; or (c) any liability that cannot be limited under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Eshal and its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your violation of applicable law; (c) your Customer Data infringing third-party intellectual property or data protection rights; or (d) end-customer claims arising from your use of the Platform.
11. Termination
You may cancel your Subscription at any time through your account settings or by emailing support@eshal.ai. Cancellation takes effect at the end of the current billing period.
Eshal may terminate or suspend access immediately if you materially breach these Terms and fail to cure the breach within 14 days of notice, or immediately in cases of data security incidents, violation of acceptable use provisions, or non-payment after the grace period.
On termination: (a) your right to access the Platform ceases; (b) Eshal will make Customer Data available for export for 30 days; (c) after 30 days, Customer Data will be deleted from Eshal systems per the DPA deletion schedule, except where retention is required by law.
12. Governing law and disputes
These Terms are governed by the laws of the United Arab Emirates. Any dispute arising out of or in connection with these Terms shall first be referred to mediation administered by the Dubai International Arbitration Centre (DIAC). If mediation fails within 60 days, the dispute shall be finally resolved by arbitration under DIAC rules, with the seat of arbitration in Dubai and proceedings conducted in English.
13. Changes to these Terms
Eshal may update these Terms periodically. Material changes will be communicated by email to registered account holders at least 30 days before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not accept material changes, you may terminate your Subscription before they take effect.
14. Contact
For questions about these Terms:
- Email: legal@eshal.ai
- Postal: Eshal Technologies LLC, Dubai, United Arab Emirates