UpsellDesk Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the UpsellDesk platform, website, software, APIs, integrations, chatbot services, and related products and services (collectively, the “Services”).

By accessing or using UpsellDesk, you agree to be legally bound by these Terms.

If you do not agree with these Terms, you must not use the Services.

1. About UpsellDesk

UpsellDesk is an AI-powered chatbot and conversational commerce platform that enables businesses to automate customer communication, customer support, lead generation, product recommendations, sales engagement, and messaging workflows across websites and third-party messaging platforms.

Supported integrations may include:

  • WhatsApp Business Platform
  • Facebook Messenger
  • Instagram Messaging
  • Websites and web chat widgets
  • Other supported third-party platforms

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding agreements to use the Services.

By using UpsellDesk, you represent and warrant that:

  • You have authority to act on behalf of your business or organization
  • Information provided by you is accurate and complete
  • Your use of the Services complies with applicable laws and regulations

3. Account Registration

To access certain features, you may be required to create an account.

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • Restricting unauthorized access to your account
  • All activities occurring under your account

You agree to notify us immediately of any unauthorized use or security breach.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Use of Services

You may use UpsellDesk only for lawful business purposes.

You agree not to:

  • Violate applicable laws or regulations
  • Send spam, fraudulent, abusive, or misleading messages
  • Infringe intellectual property rights
  • Use the platform for illegal marketing practices
  • Attempt unauthorized access to systems or data
  • Interfere with platform security or performance
  • Upload malicious software or harmful code
  • Use the Services for prohibited or deceptive activities

5. AI-Generated Content and Automation

UpsellDesk uses AI technologies to generate chatbot responses, automate workflows, and provide recommendations.

You acknowledge and agree that:

  • AI-generated responses may not always be accurate or complete
  • You are responsible for reviewing automated outputs before relying on them
  • You are solely responsible for your business communications and customer interactions
  • UpsellDesk is not liable for decisions made based on AI-generated responses

6. Third-Party Platforms and Meta Services

UpsellDesk integrates with third-party services including Meta products such as:

  • WhatsApp Business Platform
  • Facebook Messenger
  • Instagram Messaging

Your use of these integrations is subject to the respective third-party terms and policies.

You are responsible for maintaining compliance with:

  • Meta Platform Terms
  • WhatsApp Business Messaging Policies
  • Facebook and Instagram platform policies
  • Applicable marketing, communication, and privacy laws

UpsellDesk does not control third-party platforms and is not responsible for outages, limitations, policy changes, or actions taken by those platforms.

7. Customer Data

You retain ownership of the data you submit to the Services.

By using the Services, you grant UpsellDesk a limited license to process, host, store, and transmit data solely for the purpose of providing and improving the Services.

You represent and warrant that:

  • You have all required rights and permissions to use submitted data
  • Your use of customer data complies with applicable laws
  • You have obtained any required customer consent

8. Subscription and Payments

Certain features may require payment or subscription plans.

By subscribing to paid Services:

  • You agree to pay applicable fees
  • You authorize recurring billing where applicable
  • Fees are non-refundable unless required by law or otherwise stated

We reserve the right to:

  • Modify pricing
  • Change subscription plans
  • Introduce new fees or limitations

Any pricing changes will become effective after notice is provided.

9. Intellectual Property

All rights, title, and interest in the Services, including software, branding, technology, designs, and content created by UpsellDesk, remain the exclusive property of UpsellDesk and its licensors.

These Terms do not grant you ownership rights in the Services.

You may not:

  • Copy or resell the platform
  • Reverse engineer the software
  • Modify or create derivative works
  • Use our branding without permission

10. Service Availability

We strive to maintain reliable Services but do not guarantee uninterrupted availability.

We may:

  • Modify features
  • Perform maintenance
  • Suspend access temporarily
  • Discontinue parts of the Services

without prior notice.

11. Limitation of Liability

To the maximum extent permitted by law, UpsellDesk and its affiliates, owners, employees, and partners shall not be liable for:

  • Indirect or consequential damages
  • Loss of profits or revenue
  • Loss of business opportunities
  • Data loss
  • Service interruptions
  • AI-generated inaccuracies
  • Third-party platform actions or restrictions

The Services are provided on an “as is” and “as available” basis.

12. Disclaimer of Warranties

We do not guarantee that:

  • The Services will be error-free
  • AI-generated responses will always be accurate
  • The platform will always be secure or uninterrupted
  • Third-party integrations will remain available

Use of the Services is at your own risk.

13. Indemnification

You agree to indemnify and hold harmless UpsellDesk and its affiliates from any claims, liabilities, damages, losses, or expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your customer communications
  • Your misuse of third-party integrations
  • Your violation of applicable laws or platform policies

14. Suspension and Termination

We reserve the right to suspend or terminate access to the Services at any time if:

  • You violate these Terms
  • Your activities create legal or security risks
  • Required by law or third-party platform policies

Upon termination:

  • Your access may be disabled
  • Certain data may be deleted according to our retention policies
  • Outstanding payment obligations remain enforceable

15. Governing Law

These Terms shall be governed and interpreted in accordance with the applicable laws of the jurisdiction in which UpsellDesk operates, without regard to conflict of law principles.

16. Changes to These Terms

We may update these Terms periodically.

Updated Terms will be posted on this page with a revised “Last Updated” date.

Continued use of the Services after updates become effective constitutes acceptance of the revised Terms.

17. Contact Information

For questions regarding these Terms, contact:

UpsellDesk
Website: https://upselldesk.com
Email: support@upselldesk.com