Términos de Servicio

Company: Nex Habit LLC
Address: 2093 Philadelphia Pike 8077, CLAYMONT DE 19703, United States
Contact: privacy@comturk.com

These Términos de Servicio (“Terms”) govern your access to and use of Nex Habit LLC’s websites, applications, APIs, and services, including AI‑assisted customer support, inbox and messaging solutions, and channel integrations (the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization; “Customer” refers to that organization.

1. Definitions

“Customer,” “you,” “your”: the entity or person using the Services.
“End User”: any individual who interacts with you through the Services (e.g., via web widget, Instagram, Facebook, email).
“Customer Content”: messages, files, text, data, and other content submitted to or processed by the Services on your behalf.
“Output” or “AI Output”: content generated by AI features within the Services.
“Order” or “Plan”: your subscription selection or signed order form describing the Services, term, and fees.
“Documentation”: our product and technical documentation, as updated.
“Third‑Party Service”: any non‑Nex Habit product or service (e.g., Meta/Instagram/Facebook, Google/Gmail, email/IMAP/SMTP, Slack, etc.).

2. Cuentas y Elegibilidad

You must be at least the age of majority to use the Services.
You must provide accurate registration information and keep it current.
You are responsible for safeguarding credentials and all activity under your account.

3. Subscription, Fees, and Taxes

Services are provided on a subscription basis per the Plan. Fees are due in advance and are non‑refundable except as stated in this section.
Subscriptions auto‑renew for successive terms unless canceled per Section 13.
You authorize us (and our payment processor) to charge all applicable fees and taxes. You are responsible for all taxes except those based on our net income.

Cancellation & Refunds:

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
No pro‑rated refunds are provided for partial billing periods, except where required by applicable consumer protection law (e.g., EU cooling‑off period of 14 days for new subscriptions).
Downgrades take effect at the next billing cycle; no refund is issued for the difference.

Usage Limits & Overages:

Each Plan includes specific limits on conversations, seats, or API calls as described on the pricing page.
If you exceed your Plan limits, we will notify you and may (a) throttle the Service, (b) upgrade you to the next applicable tier, or (c) charge overage fees as disclosed in your Plan details.
We will provide at least 7 days’ notice before any overage charges apply.

4. Trials and Betas

We may offer trials, freemium features, or beta/pre‑release features. These are provided “as is,” may change or end at any time, and may have additional terms.

5. Use of the Services; Acceptable Use

License: Subject to these Terms and your timely payment, we grant you a limited, non‑exclusive, non‑transferable right to access and use the Services during your subscription term in accordance with the Documentation.

Acceptable Use: You agree not to:

Use the Services to violate law, infringe rights, or distribute harmful, fraudulent, or unlawful content.
Send spam or unsolicited messages at scale, in violation of CAN‑SPAM, TCPA, or equivalent laws.
Violate the messaging policies of connected channels, including WhatsApp Business API policies, Meta Platform Terms, and Telegram Bot API Terms.
Probe or attempt to breach the security or integrity of any system.
Interfere with operation, circumvent access controls, or misuse APIs.
Upload or process highly sensitive data (e.g., government IDs, financial account numbers, protected health information) unless the Documentation explicitly supports it.

You are responsible for End User interactions and Customer Content. You will post and honor your own privacy policy and notices to End Users as required by law.

6. Customer Content and Data Processing

Ownership: As between you and us, you own Customer Content. You grant us a worldwide, non‑exclusive license to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Services.

Data Processing: We act as a processor/service provider for Customer Content under applicable laws. Our Política de Privacidad and Data Processing Addendum (DPA) govern personal data processing. The DPA automatically applies where required by applicable data protection law (e.g., GDPR, KVKK) and includes Standard Contractual Clauses for international transfers.

Backups and Retention: We retain Customer Content per your settings and as reasonably necessary for operations, legal, and security purposes.

7. AI Features and Output

AI Limitations: AI Output may be inaccurate or incomplete. You are responsible for reviewing and validating Output before use. Do not rely on AI Output for legal, medical, financial, or other professional advice.
Usage: You will not use AI features to generate harmful, infringing, or illegal content.
Providers: AI processing may be performed by third‑party AI providers under agreements limiting use to service delivery.

8. Third‑Party Services and Channels

Connections: You may connect channels (e.g., Instagram/Facebook via Meta, email via IMAP/SMTP, etc.). Use is subject to the third‑party’s terms and policies.
Tokens and Credentials: You authorize us to store and use tokens, secrets, and credentials solely to connect and operate the integrations you enable.
Responsibility: We are not responsible for third‑party outages, changes, or acts/omissions.

9. Security; Privacy; Compliance

We maintain administrative, technical, and organizational safeguards appropriate to the risk, including encryption in transit and least‑privilege access controls.
You must configure your account and channels securely and keep credentials confidential.
You remain responsible for any legal or regulatory obligations applicable to your use (e.g., e‑privacy, consent, marketing, platform rules).

10. Intellectual Property; Feedback

Nex Habit owns all right, title, and interest in the Services, Documentation, and related IP. No rights are granted except as expressly stated.
Feedback: You grant us a royalty‑free, perpetual license to use feedback and suggestions to improve the Services.

11. Service Levels; Support; Changes

Uptime: We target 99.9% monthly uptime for the core Services (excluding scheduled maintenance, beta features, and force majeure events).
Scheduled Maintenance: We will provide reasonable advance notice (generally 48 hours) for planned maintenance that may affect availability.
Service Credits: If monthly uptime falls below 99.9%, affected Professional and Enterprise customers may request a service credit equal to 10% of that month’s fees for each full 0.1% below the target (up to 30% of monthly fees). Credit requests must be submitted within 30 days.
Support: Support is provided per your Plan tier (email for Free/Starter, priority for Professional, dedicated manager for Enterprise).
We may modify features, Documentation, or components for improvements, security, or legal compliance. Material adverse changes will be communicated with at least 30 days’ notice where feasible.

12. Confidentiality

Each party agrees to hold the other party’s Confidential Information in confidence and not disclose it to third parties except as reasonably necessary to perform obligations under these Terms (e.g., to employees, contractors, or sub‑processors bound by confidentiality obligations).

“Confidential Information” means non‑public information designated as confidential or that a reasonable person would understand to be confidential, including Customer Content, business plans, pricing, and technical data. Confidential Information excludes information that is (a) publicly available through no fault of the receiving party; (b) independently developed; (c) rightfully received from a third party without restriction; or (d) required to be disclosed by law (with reasonable notice to the disclosing party).

Confidentiality obligations survive termination of these Terms for three (3) years.

13. Term and Termination

Term: These Terms start when you first access the Services and continue through your subscription term(s).

Termination for Cause: Either party may terminate for material breach not cured within 30 days after written notice. We may suspend or terminate immediately for egregious AUP violations, non‑payment, or legal risk.

Effect of Termination: Upon termination, your access ends; fees already paid are non‑refundable (unless otherwise stated in Section 3).

Data Export: Upon termination or expiration, you have 30 days to export your Customer Content via the Service’s built‑in export tools (CSV and JSON formats). After 30 days, we will delete your Customer Content from production systems within 90 days, unless retention is required by law. Upon written request, we will provide written confirmation of deletion.

14. Warranties and Disclaimers

The Services and Output are provided “as is” and “as disponible.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and uninterrupted or error‑free operation.

15. Limitation of Liability

To the maximum extent permitted by law: (a) neither party is liable for any indirect, consequential, special, incidental, punitive, or exemplary damages; and (b) each party’s aggregate liability arising out of or related to the Services is limited to the fees paid or payable by you to us for the 12 months preceding the event giving rise to the claim.

These limitations apply regardless of theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; those limitations apply to the extent permitted.

16. Indemnification

You will defend, indemnify, and hold harmless Nex Habit LLC from any third‑party claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from (a) Customer Content; (b) your use of the Services in violation of these Terms or law; or (c) your integrations with Third‑Party Services. We will provide prompt notice, reasonable cooperation, and sole control of defense/settlement (except that you may not settle any claim imposing obligations on us without consent).

17. Export; Sanctions; High‑Risk Use

You represent you are not located in an embargoed country or on a prohibited list and will not use the Services for prohibited purposes. Do not use the Services in high‑risk environments requiring fail‑safe performance (e.g., life support, aviation, critical infrastructure).

18. Governing Law; Dispute Resolution

Governing Law: Delaware law, excluding conflicts of laws rules.

Venue/Arbitration: Disputes will be resolved in the state or federal courts in Delaware, or, at our option, by binding arbitration in Delaware under JAMS rules. Each party waives jury trial to the extent permitted by law.

Turkish Customers: If you are located in Türkiye and applicable mandatory consumer protection laws require a different forum, disputes may be brought before the competent Turkish courts as required by such laws, without prejudice to our rights under these Terms.

Injunctive Relief: Either party may seek injunctive or equitable relief for actual or threatened infringement or misappropriation of IP or confidential information.

19. Changes to Terms

We may update these Terms from time to time. Material changes will be posted with a new effective date and, where appropriate, notified via the Service or email at least 30 days before the effective date. Your continued use after the effective date constitutes acceptance.

20. Notices

Legal notices must be sent to:
Nex Habit LLC
2093 Philadelphia Pike 8077, CLAYMONT DE 19703, United States
Email: legal@comturk.com

We may notify you via email or through the Service.

21. Miscellaneous

Entire Agreement: These Terms, Order(s), and any referenced documents (e.g., Privacy Policy, DPA, Acceptable Use terms in Section 5) form the entire agreement and supersede prior agreements.
Assignment: You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset transfer.
Severability; Waiver: If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing.
Force Majeure: Neither party is liable for delays or failures due to causes beyond reasonable control.

22. Contact

Questions about these Terms: legal@comturk.com

— End of Terms —