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Terms and conditions

DatSOR Terms and Conditions

Effective Date: May 5th, 2025

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, 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 DYN Educational Support Services INC, a company incorporated under the laws of Canada.
  • “Client” or “You”: Refers to the business entity or individual in Latin America or elsewhere 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).

2. Acceptance of Terms

By accessing and using our Website (including using contact forms or joining waiting lists) or by registering for and using our Service, 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.
b) Functionality: The Service is designed to engage, qualify, and guide End-Customers through a sales process automatically via chat.
c) Interface Access: Access to view and manage Customer Data (chat conversations) processed by the Service is provided exclusively through the DatSOR platform interface. End-Customers’ chats handled by the AI agent will not appear in the Client’s standard WhatsApp mobile app or WhatsApp Web/Desktop interface in real-time or for management purposes within those native apps.
d) Inbound Sales Only: The Service is specifically designed for automating inbound sales conversations initiated by End-Customers. It is not intended for mass outbound messaging, customer service after the sale, or other communication purposes unless explicitly stated and agreed upon in a separate service agreement.
e) AI Limitations: You acknowledge that the Service utilizes complex AI technology, which is probabilistic and may not always correctly interpret intent, respond appropriately, or complete sales. DatSOR does not guarantee specific sales outcomes, conversion rates, or accuracy of AI responses.

4. Account Registration and Use

a) To use the Service, you must register for an account and become a Client. You represent that you are a legal business entity or an individual authorized to bind the business entity you represent, and that you are located in a jurisdiction where you can legally use the Service.
b) You agree to provide accurate, current, and complete registration information and keep it updated.
c) You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
d) You must comply with these Terms and any separate Service Agreement or Order Form executed between you and DatSOR.

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) WhatsApp Policies: Ensuring your use of the Service complies with the WhatsApp Business API Terms of Service, Commerce Policy, and any other relevant policies issued by Meta Platforms.
c) 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.
d) 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.
e) Lawful Use: Using the Service only for lawful purposes and not for sending prohibited content (spam, illegal goods/services, harmful content, etc.) as defined by applicable laws or WhatsApp policies.
f) Account Security: Maintaining the security of your DatSOR account and your WhatsApp Business API access credentials.
g) 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. Details may be provided in a separate Data Processing Agreement (DPA) if required by law or your service agreement.
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.

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, AWS, and Google Gemini.
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, AWS, Google Gemini, or any other third party are outside of DatSOR’s control and responsibility.
c) Changes by Third Parties: Third-Party Services may change their terms, policies, APIs, or cease operations at any time, which may impact or terminate your ability to use the Service. DatSOR is not liable for any loss or damage resulting from such changes or cessation of services by third parties.

9. Fees and Payment Terms


a) Fees: You agree to pay all fees for the Service as outlined in your specific Service Agreement, Order Form, or chosen subscription plan.
b) Billing: Fees are typically billed montly in advance.
c) Payment: Payments must be made in Canadian Dollar via Direct Bank Payment or Paypal. You agree to provide accurate billing and payment information.
d) Taxes: Fees are exclusive of any applicable taxes, duties, or governmental levies, unless explicitly stated otherwise. You are responsible for payment of all such taxes.
e) Late Payments: suspension or termination of service for non-payment.
f) Changes to Fees: DatSOR reserves the right to modify its fees upon reasonable notice to you.

10. Intellectual Property

a) Our IP: All intellectual property rights in the Website, the Service, the underlying AI technology, software, documentation, trademarks, and content (excluding User Content and Customer Data) are and shall remain the exclusive property of DatSOR or its licensors. You are granted a limited, non-exclusive, non-transferable right to use the Service solely for your internal business operations in accordance with these Terms.
b) Your IP: You retain all intellectual property rights in your User Content.

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 Service account according to the terms of your specific Service Agreement.
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 (including data privacy laws in your region), or violate WhatsApp’s terms. We may also terminate for other reasons as specified in your Service Agreement or 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 (as per your Service Agreement). Sections relating to Definitions, Client Responsibilities (5a, 5b, 5c, 5e), User Content (6), Customer Data (7), Third-Party Dependencies (8b, 8c), Intellectual Property (10), Confidentiality (11), Disclaimers (12), Limitation of Liability (13), Indemnification (14), Governing Law (15), and Contact Us (17) shall survive termination.

13. 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.

14. 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).

15. 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 resulting from your actions or data provided;
c) Your breach of any of these Terms, particularly your failure to comply with local laws (including data protection and consumer protection laws in your jurisdiction and that of your End-Customers) or WhatsApp policies;
d) Your violation of any rights of a third party, including End-Customers.

16. Governing Law and Dispute Resolution

a) Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) 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 16(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 or their subject matter or formation.
c) Arbitration : Any dispute, controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity or termination, 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.

17. 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.

18. Contact Us

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

DatSOR
4551 Zimmerman Ave, Niagara Falls, ON Canada L2E 2P2
Email: [email protected]