Terms of Service

1. Acceptance of Terms

By accessing or using PalySales ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms constitute a legally binding agreement between you and PalySales Inc.

2. Description of Service

PalySales provides an AI-powered e-commerce automation platform that enables businesses to:

• Manage customer conversations across WhatsApp, Instagram, and external API channels
• Automate sales with AI assistants that understand text, voice messages, and images
• Enable visual product search using image recognition technology
• Process orders and payments through multiple payment providers
• Create and manage online storefronts with custom domain support
• Track analytics and business performance with integrated reporting
• Connect external systems via API and webhooks for custom integrations
• Generate AI-powered product images, hero banners, and marketing assets using reference photos
• Auto-generate store policies, FAQs, and knowledge base documents with AI
• Save and manage AI-generated images in a dedicated AI Media Library

3. Account Registration

• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account
• You must be at least 18 years old to use the Service
• One person or entity may not maintain more than one account per store
• You are responsible for all activity that occurs under your account

4. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Send spam or unsolicited messages
• Sell illegal, counterfeit, or prohibited products
• Infringe on intellectual property rights
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to the Service
• Use the Service for fraudulent purposes
• Interfere with the proper working of the Service
• Collect or store personal data about other users without their consent
• Use the AI features to generate harmful, deceptive, or misleading content

5. Subscription and Payment Terms

5.1 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Prices are displayed in USD globally, and in NGN for Nigerian customers
• You are responsible for all applicable taxes

5.2 Plan Tiers

We offer five subscription tiers: Starter ($29/mo), Pro ($59/mo), Business ($99/mo), Enterprise ($199/mo), and Ultimate ($999/mo or $9,990/year). The Ultimate tier includes white-label branding, a dedicated account manager, fully managed setup, and custom integrations. Nigerian pricing is available in NGN at proportional rates.

5.3 Auto-Renewal

5.4 Price Changes

We reserve the right to change pricing with at least 30 days advance notice via email and in-app notification. Price changes will apply to subsequent billing cycles, not to the current period you've already paid for.

5.5 Refund Policy

• Monthly subscriptions: Non-refundable except as required by law
• Annual subscriptions: Pro-rata refund available within 7 days of purchase if you have not substantially used the Service
• EU/UK Customers: You have a 7-day cooling-off period during which you may cancel for a full refund, starting from the date of purchase
• 7-day trial: All plans include a 7-day free trial. No payment is collected during the trial period

5.6 Failed Payments

If your payment fails, we will attempt to process it again over the following 7 days. If payment continues to fail, your account may be suspended. We will notify you via email before any downgrade occurs.

6. Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain full access to all features until the end of your paid period
• After your billing period ends, your store goes offline and your dashboard becomes read-only for a 14-day grace period
• After the 14-day grace period, your account is locked and only reactivation or data export is available
• Your store and all associated data will be permanently deleted 30 days after cancellation — this cannot be undone
• You may export your data at any time before the deletion date

7. Merchant Responsibilities and Indemnification

7.1 Your Products and Content

You are solely responsible for:

• The products and services you sell through the platform
• The accuracy of product descriptions, pricing, and availability
• Compliance with all applicable consumer protection laws
• Fulfilling orders and handling customer service
• Content you upload or generate using our AI features

7.2 Indemnification

You agree to indemnify, defend, and hold harmless PalySales Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your products or services sold through the platform; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any content you submit to the Service.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by PalySales Inc. and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of any content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and process that content solely as necessary to provide the Service to you.

9. AI and Automated Services

9.1 AI Capabilities

Our AI services include text understanding, voice message transcription (powered by OpenAI Whisper), image understanding and analysis (powered by GPT-4 Vision), visual product search using image embeddings, AI image generation (powered by Google Gemini Imagen), AI policy generation, and AI FAQ generation.

• Our AI assistants are designed to help but may occasionally make errors
• You are responsible for reviewing AI-generated responses and orders
• We do not guarantee specific outcomes from AI automation
• You must comply with messaging platform terms when using our integrations
• We do not train our AI models on your customer data without explicit consent
• AI features may be modified or updated to improve performance

9.2 AI Image Generation

Our AI image generation feature allows you to generate product photos, hero banners, and marketing images using text prompts and reference images. Key terms:

• AI-generated images are created using Google Gemini and are subject to their content policies
• You retain ownership of images generated using your content as input
• AI image generation consumes credits from your account balance
• Generated images are stored in your AI Media Library and count toward your storage quota
• Reference images you upload are processed by our AI provider to generate new images and are not used to train AI models
• We do not guarantee that AI-generated images will be free from errors or suitable for all purposes

9.3 Media Processing

Voice messages and images sent by your customers are processed by third-party AI providers (OpenAI) to enable transcription and understanding. This data is processed in accordance with our Privacy Policy and is not used to train AI models.

9.4 API Access

If you use our API or webhook features, you are responsible for securing your API keys, implementing appropriate rate limiting on your end, and ensuring your integrations comply with applicable laws. API abuse may result in throttling or suspension of access.

9.5 AI Content Generation

Our AI can auto-generate store policies (privacy policy, terms, return policy, shipping policy) and FAQ documents based on your store settings and products. You are responsible for reviewing and approving all AI-generated content before publishing. AI-generated policies are not legal advice.

If you use our API or webhook features, you are responsible for securing your API keys, implementing appropriate rate limiting on your end, and ensuring your integrations comply with applicable laws. API abuse may result in throttling or suspension of access.

10. Limitation of Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. Scheduled maintenance will be communicated in advance when possible.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@palysales.com to attempt to resolve the dispute informally. We will attempt to resolve your concern within 30 days.

13.2 Binding Arbitration

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

15. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users, us, or third parties
• Involves fraud, illegal activity, or abuse of the Service
• Creates liability or legal exposure for PalySales

Upon termination, your right to use the Service will immediately cease. Sections 7, 8, 10, 11, 13, and 14 shall survive termination.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days notice of material changes via email and through the Service. Your continued use after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and PalySales Inc. regarding the Service and supersede all prior agreements and understandings.

19. Contact

For questions about these Terms, please contact us at: