Terms & Conditions

3.1 Account Creation

You are responsible for:

• Providing accurate, complete information during registration
• Maintaining confidentiality of your authentication credentials
• Notifying us immediately of unauthorized access
• All activities that occur under your account

3.2 Workspace Roles

Users within a workspace may have the following roles:

• ADMIN: Full access to all features, settings, team members, and data
• MEMBER: Limited access as configured by workspace administrators
• CUSTOM ROLES: As defined by workspace administrators

3.3 Multi-Workspace Architecture

• Be Digital operates on a single-tenant, workspace-scoped basis
• Each workspace is isolated from others
• All queries and data access are workspace-filtered
• Only workspace members can access workspace data

5.1 Third-Party Channel Terms

When you connect messaging channels (WhatsApp, Instagram, Facebook, TikTok), you agree to:

• Comply with each platform's terms of service and policies
• Use channels only for legitimate business purposes
• Obtain proper consent before messaging customers
• Comply with GDPR, TCPA, and other messaging regulations
• Not use channels for fraudulent, deceptive, or illegal purposes

5.2 WhatsApp Business Integration

• Powered by Meta WhatsApp Cloud API v23.0
• You must comply with Meta's Business Messaging policies
• Message templates must be pre-approved by Meta
• Response times and message quality score requirements apply
• Be Digital stores message history; Meta retains additional data per their policy

5.3 Instagram & Facebook Integration

• Requires valid business account credentials
• Must comply with Meta's Community Standards
• Lead forms auto-create contacts in your CRM
• Message archival and deletion follows Meta's guidelines

5.4 TikTok Integration

• Requires TikTok Business Account credentials
• Must comply with TikTok's Community Guidelines and Platform Agreement
• Message data is subject to TikTok's retention policies

5.5 Real-Time Messaging

• Be Digital uses Socket.IO and Redis for real-time message delivery
• Latency depends on network conditions
• We do not guarantee real-time delivery; critical messages should use channel-native confirmations

6.1 Automation Engine

The Platform includes a workflow automation engine that allows you to create triggers based on conversation events, define conditions and actions, and automate routine responses and task creation. You are responsible for:

• Testing automations thoroughly before deployment
• Ensuring automations comply with applicable laws
• Monitoring automation performance and results
• Correcting errors caused by misconfigured automations

6.2 AI Assistance

When enabled, AI features may analyze conversation content to suggest responses, generate content based on your prompts, and process data through external AI providers (Claude, OpenAI, Gemini, etc.). You acknowledge:

• AI suggestions are generated by algorithms and may contain errors
• You remain responsible for messages sent on your behalf
• AI processing is subject to your AI provider's terms and privacy policy
• We do not guarantee accuracy or completeness of AI-generated content

7.1 Data Storage

• Database: PostgreSQL with secure encryption
• File Storage: DigitalOcean Spaces (S3-compatible) for attachments and media
• Backups: We maintain backups for disaster recovery (retention period: 30 days)

7.2 Data Deletion

• Deleted messages and contacts are removed from active systems
• Backups may retain deleted data for 30 days
• You may request permanent deletion of workspace data
• Some data may be retained for compliance purposes

7.3 Data Retention

• Data is retained while your workspace is active
• Upon account termination, data is retained for 30 days, then permanently deleted
• Legal holds may require longer retention

8.1 Subscription Plans

• Pricing and plans are subject to change with 30 days' notice
• You agree to pay all charges incurred under your account
• Billing is processed monthly or annually as selected

8.2 Payment Processing

• Payments are processed by Stripe
• You authorize us to charge your payment method
• Failed payments may result in service suspension
• Be Digital is a B2B service; the statutory 14-day consumer right of withdrawal does not apply to business customers. Subscriptions are non-refundable except where mandatory law requires otherwise

8.3 Cancellation

• You may cancel your subscription anytime
• Cancellation is effective at the end of your current billing period
• No refunds for partial billing periods
• Data deletion follows our retention policy

9.1 Platform Ownership

• Be Digital and all its features, code, and documentation are owned by Be Digital
• You are granted a limited license to use the Platform for your business purposes
• You may not sublicense, resell, or transfer access to others

9.2 Your Content

• You retain ownership of all data, messages, and content you provide
• You grant us a license to store, process, and display your content to operate the Platform
• You represent that your content does not infringe third-party rights

9.3 Feedback

• Any feedback, suggestions, or improvements you provide may be used by Be Digital without obligation or compensation

10.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• AVAILABILITY
• SECURITY

10.2 Limitation of Damages

IN NO EVENT SHALL BE DIGITAL BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS, REVENUE, OR DATA
• BUSINESS INTERRUPTION OR LOSS OF USE
• EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

10.3 Liability Cap

BE DIGITAL'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. Nothing in these terms limits liability that cannot be excluded under mandatory applicable law.

12.1 Termination by You

• You may terminate your account anytime by contacting support
• Termination is effective immediately upon confirmation
• Data is retained per our data retention policy

12.2 Termination by Be Digital

• We may terminate your account for: breach of terms, abuse, illegal activity, or non-payment
• We will provide notice and reasonable opportunity to cure, except for serious breaches
• Upon termination, access is immediately revoked

12.3 Effects of Termination

• Your right to use the Platform ends
• We may delete your data per our retention policy
• Provisions regarding indemnification and liability survive termination

14.1 Regulatory Compliance

You are responsible for complying with all applicable laws, including:

• Anti-spam laws (CAN-SPAM, GDPR, CASL, LGPD)
• Data protection regulations
• Consumer protection laws
• Industry-specific regulations (healthcare, finance, etc.)

14.2 Age Requirement

• You must be at least 16 years old to use Be Digital
• Businesses and organizations may designate users
• You are responsible for ensuring user compliance with these terms

14.3 Government Requests

• We comply with valid legal requests for data disclosure
• We will attempt to provide notice to you when legally permitted

18.1 Governing Law

These terms are governed by the laws of Austria. The courts of Vienna, Austria shall have exclusive jurisdiction, unless mandatory law provides otherwise.

18.2 Dispute Process

• Disputes will be resolved through informal negotiation in the first instance
• Mandatory consumer protection rights, where applicable, remain unaffected

18.3 Contact for Disputes

• Email: office@be-digital.ai
• Address: Be Digital AI e.U., Pressgasse 24/18, 1040 Wien, Austria