Terms of Service & Privacy Policy

Terms of Service (ToS)

Service: Smartpush Basic / Smartpush Premium

Effective Date: 23-4-2025

Preamble

These Terms of Service (hereinafter "ToS") govern the access and use of the "Smartpush Basic" and "Smartpush Premium" services (hereinafter collectively or individually the "Service"), offered by XENDIS AI & TECH SOLUTIONS - FZCO, registered at IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis, Dubai, UAE (hereinafter "Xendis," "we," "us," "our").

The Service consists of interacting via the WhatsApp messaging application with a chatbot linked to a personal database managed by the user.

By accessing or using the Service, you (hereinafter "User," "you," "your") agree to be bound by these ToS and by our Privacy Policy. If you do not agree to these terms, please do not use the Service.

1. Service Description

Smartpush Basic: Allows the User to interact with a chatbot via WhatsApp to store and retrieve personal information they choose to save in their dedicated database. Identification relies on the recognition of the phone number associated with the User's WhatsApp account.

Smartpush Premium: Offers the features of Smartpush Basic with additional security options (such as a security key or password, depending on the options offered) and potentially other advanced features. Access to Smartpush Premium may require payment of fees.

The Service operates via the WhatsApp application. Use of the Service therefore implies that the User also accepts the Terms of Service and Privacy Policy of WhatsApp (Meta). Xendis is not responsible for the operation or policies of WhatsApp.

2. Access and User Account

2.1. Eligibility: The Service is intended for individuals who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18 years of age.

2.2. Identification: Access to the Service is linked to the User's phone number used on WhatsApp.

2.3. Security: The User is solely responsible for the security of their WhatsApp account, mobile phone, and any security codes or keys associated with Smartpush Premium.

3. Use of the Service and User Content

3.1. License to Use: Xendis grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these ToS.

3.2. User Content: The Service allows the User to store personal information ("User Content") that they freely choose.

• Ownership: The User retains full ownership of their User Content.
• Responsibility: The User is entirely and exclusively responsible for the User Content they choose to store via the Service.
• License to Xendis: By using the Service to store their User Content, the User grants Xendis a worldwide, non-exclusive, royalty-free, limited license solely for the technical purpose of storing, processing, retrieving, and displaying this User Content on behalf of the User.

4. Fees and Payment (Smartpush Premium)

Use of Smartpush Premium may be subject to the payment of fees. Applicable rates will be indicated at the time of subscription. Payments may be made by credit card, bank transfer, or cryptocurrency via third-party payment service providers.

5. Intellectual Property

All intellectual property rights relating to the Service itself are and remain the exclusive property of XENDIS AI & TECH SOLUTIONS - FZCO or its licensors.

6. Data Protection

The collection and processing of the User's personal data in connection with the Service are governed by our Privacy Policy, which is an integral part of these ToS.

7. Third-Party Services

The Service relies on third-party services, notably WhatsApp (Meta) for messaging and Hostinger for data hosting.

8. Limitation of Liability

The Service is provided "as is" and "as available," without warranty of any kind. Xendis shall not be liable for any indirect, consequential damages, loss of data, loss of profit, or business interruption.

9. Termination

The User may stop using the Service at any time. To delete their account and associated data, the User must contact Xendis at contact@xendis.tech.

10. Governing Law and Jurisdiction

These ToS are governed by and construed in accordance with the laws of Dubai and the United Arab Emirates. Any dispute shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

11. Contact

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: contact@xendis.tech

Privacy Policy

Service: Smartpush Basic / Smartpush Premium

1. Introduction

XENDIS AI & TECH SOLUTIONS - FZCO ("Xendis," "we," "us," "our") is committed to protecting the privacy of users of its services. This Privacy Policy explains what personal data we collect, how we use and protect it.

2. Data Controller

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Contact: contact@xendis.tech

3. Personal Data We Collect

• Identification: Your mobile phone number (necessary for use via WhatsApp).
• Authentication (Premium): Security key or password if applicable.
• User Content: All information you choose to store via the chatbot.
• Payment Information (Premium): Processed by third-party providers. We do not store full payment details.
• Technical Data: Server logs for security and maintenance purposes.

4. We commit NOT to

• Sell your personal data to third parties.
• Share your User Content with third parties (unless required by law).
• Use your User Content for marketing or advertising.
• Send unsolicited marketing emails.

5. Your Rights

Depending on applicable law, you may have rights of access, rectification, erasure, restriction, portability, and objection regarding your personal data. Contact us at contact@xendis.tech to exercise these rights.

6. Contact

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: contact@xendis.tech