Start 1-Month Free Trial

Terms and conditions

DatSOR Terms and Conditions

Effective Date: January 14th, 2026

Welcome to DatSOR! These Terms and Conditions (“Terms”) govern your access to and use of the DatSOR website at https://datsor.com/ (“Website”) and our AI-powered inbound sales automation platform service (“Service”) provided by DatSOR, a Canadian company.

Please read these Terms carefully. By accessing or using the Website or registering for and using the Service, including any free demo or trial period, you agree to be bound by these Terms and our Privacy Policy, located at https://datsor.com/privacy-policy/. If you do not agree to these Terms, you may not access the Website or use the Service.

1. Definitions

  • “DatSOR,” “We,” “Our,” or “Us”: Refers to 17466382 CANADA INC., a company incorporated under the laws of Canada.
  • “Client” or “You”: Refers to the business entity or individual who registers for and uses our Service.
  • “End-Customer”: Refers to the individuals who interact with the Client’s WhatsApp Business account through our AI agents via the Service.
  • “Service”: Refers to the DatSOR AI-powered platform designed to automate inbound sales conversations on the Client’s WhatsApp Business account using AI agents.
  • “Website”: Refers to https://datsor.com/
  • “User Content”: Refers to information about the Client’s business, products, services, Q&A content, scripts, and other materials that the Client uploads or provides to DatSOR for the purpose of configuring and training the AI agents.
  • “Customer Data”: Refers to the content (text, media, etc.) and metadata of the WhatsApp chat conversations between End-Customers and the AI agents operating on behalf of the Client via the Service.
  • “Third-Party Services”: Refers collectively to services provided by third parties that the Service relies upon, including but not limited to WhatsApp Business API (Meta Platforms), Amazon Web Services (AWS), and Google Gemini (Google LLC).
  • “Token”: In the context of artificial intelligence and our Service, a “Token” is a unit of text that our AI models process. This can be a word, part of a word, a character, or punctuation. The number of Tokens in a message is used to measure and limit the automated messaging capacity of the Service.
  • “Order Form”: Refers to the specific plan selection made by the Client. This includes either (i) the selection of a Subscription Plan and entry of billing details via the DatSOR digital interface (checkout flow), or (ii) a written invoice or document specifying the Fees and Plan.
  • “Service Agreement”: References in these Terms to “Service Agreement” shall mean the combination of these Terms and Conditions and the applicable Order Form.

2. Acceptance of Terms

By accessing the Website, requesting a demo, or registering for our 1-month Trial, you agree to be bound by these Terms, which constitute a legal agreement between you and DatSOR.

3. The Service Description and Scope

a) Service Purpose: The Service provides an AI-powered platform utilizing agent technology to automate the handling of inbound sales inquiries received on the Client’s designated WhatsApp Business account, Instagram Business account and Web Page Chat.

b) Functionality: The Service is designed to engage, qualify, and guide End-Customers through a sales process automatically via chat.

c) Interface Access and Message Visibility: Access to view and manage Customer Data (chat conversations) processed by the Service is provided through the DatSOR platform interface, there you can upload your company information and use DatSOR functionalities. End-Customers’ chats handled by the AI agent will appear in the Client’s standard WhatsApp mobile app or WhatsApp Web/Desktop interface (https://web.whatsapp.com/) in real-time or for management purposes within those native apps and Instagram accounts.

d) Data Retention and Export:

  • Platform Integration: You acknowledge that messages and conversations processed by the Service generally integrate with your designated third-party accounts. Specifically, you may access and view your conversation history via the WhatsApp Business mobile application, WhatsApp Web, and the Instagram chat interface.
  • Website Chat Limitation: Notwithstanding the foregoing, conversations originating from or conducted through the Website Chat widget are not synchronized to external platforms. These conversations are exclusively accessible through the Datsor application interface.
  • Termination and Export: Upon termination of the Service, you will retain access to conversation history locally stored within your personal WhatsApp Business and Instagram accounts. However, access to Website Chat history via the Datsor application will cease immediately. Upon termination, you may request an export of your Website Chat conversations in a CSV format. You acknowledge that this CSV file is for archival purposes only and cannot be imported into WhatsApp or Instagram to restore conversation history.

e) Inbound Sales and Platform Limitations: The Service is specifically designed for automating inbound sales conversations via WhatsApp Business, Instagram Business, and Website Chat. You explicitly agree not to initiate new conversations through the Datsor interface; all new inquiries or re-engagements should be initiated via your native WhatsApp or Instagram applications. You acknowledge that because Datsor operates via third-party APIs, you may only respond to messages via Datsor within a 24-hour window of the client’s last message; responses sent after this period will not be delivered. If you wish to continue a conversation after 24 hours, you must do so via your native applications.

  • Liability for Costs: You acknowledge that Meta (WhatsApp) charges specific fees for “Business-Initiated” conversations (conversations started by the business or template messages sent outside the 24-hour window). You are solely responsible for all such charges incurred on your WhatsApp Business account. DatSOR is not liable for any API costs, message fees, or surcharges levied by Meta, regardless of whether the message was triggered via the DatSOR interface or an automated rule.

f) AI Limitations and Hallucinations: You acknowledge that the Service utilizes complex AI technology, which is probabilistic and may not always correctly interpret intent, respond appropriately, or complete sales. The responses are generated based on the User Content you provide and the AI’s training. DatSOR does not guarantee specific sales outcomes, conversion rates, or the 100% accuracy of AI responses, and “hallucinations” (factually incorrect or nonsensical outputs) may occur. You agree to review the AI’s training materials (User Content) for accuracy. DatSOR is not liable for misrepresentations made by the AI agent to End-Customers regarding pricing, stock, or policy if such errors stem from AI interpretation limitations. Should you or we detect any such occurrences, you agree to report them to us immediately so that we can take corrective action to improve the Service.

g) System Notifications: The Service is configured to send you email alerts in three primary scenarios: (i) when the AI cannot resolve a query based on your provided content; (ii) when an End-Customer requests a human agent; and (iii) upon the successful closure of a sale. In the event of a closed sale, the notification will include a summary of the relevant conversation for your records.

h) Media Limitations: At present, the Service is configured to process text-based messages only. The system does not support the sending or receiving of audio messages, videos, images, attachments, or other multimedia files. We will notify you as the Service evolves to include these capabilities.

4. Account Registration and Use

a) To use the Service, you must register for an account. You represent that you have the authority to bind your business entity and are located in a jurisdiction where the Service is legal.
b) You agree to provide and maintain accurate, current, and complete registration information.
c) You are responsible for safeguarding your account credentials and for all activity occurring under your account.
d) Required Meta Accounts: You confirm that you hold an active WhatsApp Business or Instagram Business account (Meta), which is necessary for the functionality of the Service.
e) Contractual Acceptance: You accept these Terms and Conditions as your binding contract with us. This contract applies effectively immediately regarding your Trial Period and governs all subsequent use of the Service.

5. Client Responsibilities

You, as the Client, are solely responsible for:

a) Compliance with Local Laws: Complying with all applicable laws, regulations, and legal requirements in the country or region where you are located and where your End-Customers are located, including but not limited to data protection laws (such as LGPD, LFPDPPP, etc.), consumer protection laws, and electronic communication regulations.

b) Meta Platform Policies: Ensuring your use of the Service complies with the Terms of Service and Policies of WhatsApp Business and Instagram Business (collectively, “Meta Platforms”). This includes adhering to the Meta Commerce Policy and policies regarding customer service windows for responding to End-Customers.

c) Human Takeover and Response Time: When an End-Customer requests to speak to a human, the Datsor application will cease automated responses for that conversation and notify you via email. It is your duty to monitor these notifications and respond to your End-Customer’s messages through the DatSOR application. To comply with WhatsApp’s policies and avoid potential charges from WhatsApp, you must respond to the End-Customer within 24 hours of their last message to keep the “customer service window” open.

d) Meta Account Status: You acknowledge that DatSOR has no control over Meta’s enforcement of its policies. If your WhatsApp Business or Instagram account is banned, restricted, or suspended by Meta due to your activities or the content of your sales scripts, your obligation to pay DatSOR Fees continues until you formally cancel your subscription in accordance with these Terms.

e) Monitoring of Notifications: It is your responsibility to regularly check the email account configured to receive notifications from the DatSOR system and to take appropriate and timely action based on these notifications.

f) End-Customer Consent and Notice: Obtaining all necessary consents and providing all required notices to your End-Customers under applicable laws regarding the collection and processing of their data, including the use of an AI agent for sales conversations and the sharing of their chat data with DatSOR for processing.

g) User Content Rights and Accuracy: Ensuring you have all necessary rights, licenses, and permissions to provide DatSOR with User Content (business info, product data, Q&A) and that this content is accurate, complete, and not misleading or infringing upon any third-party rights.

h) Prohibited Content (Meta & Legal Restrictions): You strictly agree not to use the Service to upload, display, or transmit any content or engage in commerce prohibited by Meta’s Commerce and Business Policies. Specifically, you are prohibited from using the Service to promote, sell, or discuss:

  • Illegal Products or Services.
  • Drugs and Paraphernalia.
  • Adult Content.
  • Weapons and Explosives.
  • Tobacco and Alcohol.
  • Unsafe Supplements.
  • Gambling and Dating (without prior written permission from Meta).
  • Hate Speech and Violence.

i) Account Security: Maintaining the security of your DatSOR account and your WhatsApp Business API and Instagram access credentials.

j) Responding to End-Customer Rights: Handling requests from your End-Customers regarding their data rights (e.g., access, deletion) in accordance with applicable data protection laws. You agree to cooperate with DatSOR if our assistance is required to fulfill such requests, within the scope of our role as Data Processor.

6. User Content and AI Training

a) License: By providing User Content, you grant DatSOR a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display the User Content solely for the purpose of providing, maintaining, improving, and developing the Service, including training and enhancing our AI models.
b) No Guarantee of Inclusion: DatSOR may not use all provided User Content for AI training if deemed unsuitable or redundant.
c) Improvement Data: You agree that DatSOR may use anonymized and aggregated data derived from User Content and Customer Data to improve its AI models and the Service generally, provided such use does not identify you or your End-Customers individually.

7. Customer Data (Data Processing)

a) Roles: For applicable data protection laws, you are the Data Controller of Customer Data. DatSOR is the Data Processor, processing Customer Data strictly on your behalf and according to your documented instructions solely for the purpose of providing the Service to you.
b) Processing Location: Customer Data is processed and stored on servers provided by Amazon Web Services (AWS), which may be located outside of your or your End-Customers’ country. By using the Service, you instruct DatSOR to process and store Customer Data in these locations.
c) Security: DatSOR will implement reasonable technical and organizational measures to protect Customer Data against unauthorized access, disclosure, alteration, or destruction, consistent with industry standards and our obligations as a Data Processor.
d) Sub-processors: You acknowledge that DatSOR uses Third-Party Services (including AWS and Google Gemini) as sub-processors to provide the Service. By using the Service, you consent to the use of these sub-processors.

e) Data Processing Agreement (DPA): The parties agree that the provisions of this Section 7 constitute the Data Processing Agreement required by applicable privacy laws regarding the processing of Customer Data. However, if you are located in a jurisdiction (such as the European Economic Area under GDPR) or are an Enterprise Client requiring a standalone Data Processing Addendum (DPA) to meet specific regulatory obligations, you may request our standard DPA by contacting info@datsor.com. Once executed, that DPA will override this Section 7 regarding data processing specifics.

8. Third-Party Dependencies

a) Service Reliance: You acknowledge that the operation and availability of the Service are heavily dependent on the services and APIs provided by Third-Party Services, including WhatsApp, Instagram, AWS, Google Gemini and your hosting provider if you implement Datsor in your web page.
b) No Liability for Third Parties: DatSOR is not responsible for the performance, availability, errors, or actions of any Third-Party Services. Any downtime, service degradation, or issues caused by WhatsApp, Instagram, AWS, Google Gemini, your hosting provider or any other third party are outside of DatSOR’s control and responsibility.
c) No Service Level Agreement (SLA): DatSOR provides the Service on a commercially reasonable basis but does not guarantee specific uptime or availability percentages. You acknowledge that the Service relies on the availability of Third-Party Services (Meta, AWS, etc.). DatSOR is not responsible for, and will not provide refunds or credits for, downtime caused by these Third-Party Services.

9. Fees and Payment Terms

a) Binding Order and Payment Wall: The Service is available on a subscription basis. Upon the expiration of your Free Trial, access to the Service will be suspended until a Subscription Plan is selected. By entering your billing details in the Service interface or paying the first invoice, you execute a binding Order Form and agree to pay the Fees associated with your selected Plan.

b) Billing and Auto-Renewal: Fees are billed monthly in advance. Your subscription will automatically renew for successive monthly periods unless you cancel the Service at least ten (10) days prior to the end of the current billing cycle via the platform dashboard or by contacting support.

c) Payment Methods: Fees must be paid in Canadian Dollars (or such other currency as agreed in the Order Form). Payments may be processed via Direct Bank Transfer or through authorized Third-Party Payment Processors (such as Paddle or Stripe). You agree to comply with the terms and conditions of any such Third-Party Payment Processor. If paying via Bank Transfer, you are responsible for any wire transfer fees.

d) Token Limits and Overage: The Service is subject to specific usage limits (“Token Limits”) based on your Plan. If you exceed your Token Limit, the Service may automatically pause or cease processing messages until the limit resets at the next billing cycle or until you upgrade your Plan. DatSOR is not liable for any missed sales resulting from a pause due to Token Limit exhaustion.

e) Taxes: Fees are exclusive of any applicable taxes, duties, or governmental levies (such as HST/GST), unless explicitly stated otherwise. You are responsible for payment of all such taxes.

f) No Refunds: Except as required by applicable law, all Fees paid are non-refundable. There are no refunds or credits for partially used periods, unused Tokens, or if you decide to stop using the Service before the end of a billing cycle.

g) Changes to Fees: DatSOR reserves the right to modify its fees upon reasonable notice (e.g., via email or platform notification) before the next renewal cycle.

h) Late Payments: Suspension or termination of service for non-payment.

10. Intellectual Property and License Restrictions

a) Datsor Ownership: You acknowledge and agree that DatSOR is the exclusive owner of the Service, the underlying AI technology, software, algorithms, documentation, and all related intellectual property. No transfer of ownership rights is conveyed to you.
b) Limited License and Prohibition on Resale: DatSOR grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for your own internal business operations. You are strictly prohibited from sub-licensing, sub-renting, leasing, reselling, time-sharing, or otherwise making the Service available to any third party for commercial gain. You may not use the Service to act as a “service bureau” or provide white-labeled services to other businesses.
c) Your IP: You retain all intellectual property rights in your User Content (such as your specific product data and customer lists).

11. Confidentiality

Both parties agree to maintain the confidentiality of the other party’s non-public information that is designated as confidential or should reasonably be understood to be confidential. This includes, but is not limited to, User Content, Customer Data, technical information, pricing, and business strategies. Confidential information shall not be disclosed to third parties except as required by law or to authorized service providers bound by confidentiality obligations.

12. Term and Termination

a) Term: These Terms commence when you first access the Website or use the Service and continue until terminated as set forth herein or in your Service Agreement.
b) Termination by You: You may terminate your subscription by cancelling via the platform settings or notifying us in writing, subject to the notice period defined in Section 9(b). The termination will be effective at the end of the current billing cycle.
c) Termination by Us: We may suspend or terminate your account and access to the Service immediately if you materially breach these Terms, violate applicable laws, or violate WhatsApp’s, Instagram’s or Meta’s terms. We may also terminate for other reasons upon providing you with reasonable notice.
d) Effect of Termination: Upon termination, your right to use the Service ceases. You are responsible for downloading any Customer Data you wish to retain within a specified period. Sections relating to Definitions, Client Responsibilities, User Content, Customer Data, Third-Party Dependencies, Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Contact Us shall survive termination.

13. Free Trial

a) Availability and Duration: DatSOR may offer a free trial of the Service (“trial”). The initial term of the trial is for one (1) month. This period may be extended based on the feedback you provide regarding the Service’s performance and at DatSOR’s sole discretion.
b) Purpose: The trial is provided solely for you to test and evaluate the functionality of the Service with your End-Customers.
c) Feedback: As a condition of the trial, you agree to provide feedback on the performance and functionality of the DatSOR application.
d) Disclaimer of Warranties for trial: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” DURING THE TRIAL PERIOD. DATSOR WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO THE TRIAL.

14. Disclaimers (No Warranties)

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DATSOR MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE (INCLUDING SALES CONVERSIONS) WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, DATSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DATSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (e) THE ACTIONS OR INACTIONS OF THIRD-PARTY SERVICES (INCLUDING WHATSAPP, AWS, OR GOOGLE GEMINI); OR (f) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL DATSOR’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE LESSER OF: (i) THE AMOUNTS PAID BY YOU TO DATSOR FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) FIVE HUNDRED CANADIAN DOLLARS (CAD $500).

16. Indemnification

You agree to indemnify, defend, and hold harmless DatSOR and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
a) Your access to or use of the Website or Service;
b) Your User Content or Customer Data, including any claims related to data privacy, security breaches within your control, or infringement of End-Customer rights;
c) Your breach of any of these Terms, particularly your failure to comply with local laws or WhatsApp policies;
d) Your violation of any rights of a third party, including End-Customers.

17. Governing Law and Dispute Resolution

a) Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
b) Jurisdiction: Subject to Section 17(c), you agree that the courts located in Toronto, Ontario, Canada, shall have exclusive jurisdiction to settle any dispute or claim arising from or in connection with these Terms.
c) Arbitration: Any dispute, controversy or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration under the rules of the ADR Institute of Canada (ADRIC) in Toronto, Ontario. The language of the arbitration shall be English.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with notice by posting the revised Terms on the Website or by other means, such as email. Your continued use of the Website or Service after the effective date of the revised Terms constitutes your acceptance of the changes.

19. Contact Us

If you have any questions about these Terms or the Service, please contact us at:

DatSOR
Email: info@datsor.com