Terms and Conditions of Use

1. Acceptance of Terms

2. Description of Service

Ducto is a SaaS platform that centralizes conversation management using third-party APIs, including WhatsApp Business, Instagram Direct, Facebook Messenger and TikTok.

2.1 Independent Provider

Ducto Labs operates as an independent technology provider. You acknowledge that:

• Separate entity: There is no agency, partnership or joint venture relationship between Ducto Labs and messaging platform providers.
• No endorsement: Authorization to use APIs does not imply that platforms endorse or guarantee our service.

2.2 Third-Party Platform Risks

Use of the Service depends on the availability and policies of the messaging platforms:

• Suspensions: Each platform has absolute discretion to suspend accounts if it considers its policies are being violated.
• Limitation of liability: Ducto Labs is not responsible for suspensions, blocks or loss of functionality on these platforms. No refunds will be issued for third-party decisions.

3. Accounts and Registration

To use the Service, you must register by providing truthful information:

• Security: You are responsible for maintaining the confidentiality of your credentials and all activity under your account.
• Age: You must be at least 18 years old to enter into these Terms.

4. Acceptable Use

You agree to use the Service in compliance with all applicable laws and the usage policies of the corresponding messaging platforms.

4.1 Prohibited Activities

The following are strictly prohibited:

• SPAM: Sending bulk messages without prior and explicit consent (opt-in).
• Illegal content: Fraud, defamation, incitement to hatred or obscene content.

4.2 Sensitive Data

Ducto Labs is not designed to comply with sector-specific regulations such as HIPAA (health), PCI-DSS (cards) or FERPA (education).

• You are responsible for ensuring that your use complies with the laws of your industry.
• Processing protected health data or critical financial information without adequate external security layers is prohibited.

Note: Ducto Labs may suspend or delete your account immediately if we detect violations of these rules.

5. Fees and Payments

• Payments: The Service is charged in advance and is non-refundable.
• Taxes: Fees are net. You are responsible for paying all applicable taxes in your jurisdiction.
• Price changes: We reserve the right to modify fees with 30 days' prior notice.

6. Intellectual Property

• Ducto: All rights to the Service and the brand belong to Ducto Labs LLC.
• Your data: You retain ownership of your data. You grant us a license to process it solely to provide you with the Service.

7. Confidentiality

Both parties will protect the other's confidential information and will not disclose it to third parties, except as operationally or legally necessary.

8. Disclaimer of Warranties

8.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". DUCTO LABS DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.2 No Uptime Guarantee

Ducto Labs does not guarantee specific uptime, specific response times, or that the service will be uninterrupted.

• No credits: No refunds, service credits or subscription extensions will be issued for downtime caused by maintenance, AWS errors or third-party platform outages.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. Indirect damages: We will not be liable for loss of profits, data or consequential damages.
2. Cap on liability: Total liability will not exceed the total amount paid by you in the twelve (12) months prior to the claim.

10. Indemnification

You agree to defend, indemnify and hold harmless Ducto Labs LLC against any claims, damages or expenses arising from:

• Your violation of these Terms
• Your violation of messaging platform policies
• Third-party claims alleging privacy violations or lack of consent
• Your misuse of third-party personal data

11. Dispute Resolution

• Governing law: Laws of the State of Wyoming, USA.
• Arbitration: Disputes resolved exclusively through binding arbitration in Wyoming (AAA).
• Class action waiver: You waive the right to participate in class action lawsuits.

12. Termination and Data

12.1 Termination

• By you: You may cancel at any time; service will continue until the end of the paid cycle.
• By Ducto Labs: We may terminate or suspend your account immediately if you violate these Terms, or with 30 days' notice for any business reason.

12.2 Post-Termination Data Handling

• Export: It is your responsibility to export your data before your subscription ends.
• Deletion: Ducto Labs may permanently delete all your data from our servers 90 days after account termination.

13. Force Majeure

Ducto Labs will not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, wars, strikes, internet failures, DDoS attacks or mass outages of third-party services.

14. Amendments and Contact

We may modify these Terms by posting the updated version. For any legal inquiries, contact us at [email protected].