Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using SalesUp ("the Service"), operated by ObisDevs ("we", "us", or "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations of the Federal Republic of Nigeria. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

2. Service Description

SalesUp is an enterprise-grade WhatsApp AI automation platform that provides:

  • AI-powered customer communication automation via WhatsApp
  • Retrieval-Augmented Generation (RAG) technology for intelligent responses
  • Product catalog management and automated sales assistance
  • Knowledge base integration and semantic search capabilities
  • Multi-provider LLM support (OpenAI, Anthropic, Google)

3. User Eligibility and Registration

3.1 Eligibility: You must be at least 18 years old and legally capable of entering into binding contracts under Nigerian law to use this Service.

3.2 Business Use: This Service is intended for legitimate business purposes only. You represent that you operate or represent a registered business entity in Nigeria or have lawful authority to use the Service for commercial purposes.

3.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

3.4 Accurate Information: You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

4. Acceptable Use Policy

4.1 Permitted Use: You may use the Service only for lawful purposes and in accordance with these Terms, the Nigeria Data Protection Act 2023 (NDPA), and all applicable Nigerian laws and regulations.

4.2 Prohibited Activities: You agree NOT to:

  • Use the Service for any illegal, fraudulent, or unauthorized purpose
  • Send spam, unsolicited messages, or engage in harassment via WhatsApp
  • Violate WhatsApp's Terms of Service or Business Policy
  • Transmit malware, viruses, or any malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Scrape, data mine, or extract data from the Service without authorization
  • Use the Service to collect or process personal data without proper consent
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use the Service to send misleading, deceptive, or false information to customers

5. AI Configuration and Temperature Settings

5.1 AI Temperature Warning: The Service allows you to configure AI model temperature settings. You acknowledge and understand that:

  • Higher temperature settings (above 0.7) increase AI creativity and randomness
  • Excessively high temperature settings may result in unpredictable, inconsistent, or inappropriate responses
  • Over-creative AI responses may not align with your business communication standards
  • You are solely responsible for monitoring and adjusting temperature settings appropriately
  • We recommend temperature settings between 0.3 and 0.7 for business communications

5.2 Content Responsibility: You are fully responsible for all AI-generated content sent to your customers. We provide the technology platform but do not control or endorse the specific content generated by your configured AI assistant.

6. Data Protection and Privacy (NDPA Compliance)

6.1 Nigeria Data Protection Act 2023: We comply with the Nigeria Data Protection Act 2023 (NDPA) and regulations issued by the Nigeria Data Protection Commission (NDPC).

6.2 Your Responsibilities as Data Controller: When using our Service, you act as a Data Controller for your customers' personal data. You must:

  • Obtain valid consent from customers before collecting their WhatsApp numbers and personal information
  • Provide clear privacy notices to your customers explaining how their data will be used
  • Ensure you have lawful basis for processing customer data under NDPA
  • Respect customers' rights to access, rectify, or delete their personal data
  • Implement appropriate security measures to protect customer data
  • Not transfer customer data outside Nigeria without proper safeguards

6.3 Our Role as Data Processor: We process your business data and customer data on your behalf as a Data Processor. We implement appropriate technical and organizational measures to ensure data security.

6.4 Data Security Measures:

  • SSL/TLS Encryption: All data transmitted between your browser and our servers is encrypted using industry-standard SSL/TLS protocols
  • HMAC Signature Verification: Webhook communications are secured with HMAC-SHA256 signatures to prevent tampering
  • AES-256 Encryption: Sensitive data at rest is encrypted using AES-256 encryption
  • Row-Level Security: Database access is controlled through Row-Level Security (RLS) policies
  • JWT Authentication: User sessions are secured with JSON Web Tokens (JWT)

6.5 GDPR Compliance: While primarily governed by NDPA, we also implement GDPR-compliant practices for international data protection standards.

7. Payment Terms

7.1 Subscription Plans: Access to the Service requires a paid subscription. Current pricing is available at https://salesup.space/pricing

7.2 Payment Processing: Payments are processed securely through Paystack, a licensed payment service provider in Nigeria. We do not store your complete payment card details.

7.3 Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.

7.4 Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date. You will receive email notifications 7 days, 3 days, and on the day of expiry.

7.5 Refund Policy: Payments are non-refundable except as required by Nigerian consumer protection laws or in cases of service failure on our part.

7.6 Price Changes: We reserve the right to modify subscription prices with 30 days' advance notice to existing subscribers.

7.7 Taxes: All prices are in Nigerian Naira (₦) and exclude applicable taxes. You are responsible for any taxes, duties, or government charges.

8. Intellectual Property Rights

8.1 Our IP: The Service, including all software, algorithms, designs, trademarks, and content (excluding user-generated content), is owned by ObisDevs and protected by Nigerian and international intellectual property laws.

8.2 Your Content: You retain all rights to your business data, knowledge base content, product catalogs, and customer communications. By using the Service, you grant us a limited license to process this content solely to provide the Service.

8.3 AI-Generated Content: Content generated by AI models using your knowledge base and configurations is considered your property. However, you acknowledge that AI models may generate similar content for different users based on similar inputs.

8.4 Restrictions: You may not copy, modify, distribute, sell, or reverse engineer any part of the Service without our express written permission.

9. Service Availability and Modifications

9.1 Uptime: We strive to maintain 99.5% uptime but do not guarantee uninterrupted access to the Service.

9.2 Maintenance: We may perform scheduled maintenance with advance notice or emergency maintenance without notice.

9.3 Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

9.4 Third-Party Dependencies: The Service relies on third-party services (WhatsApp, OpenAI, Pinecone, Supabase). We are not liable for disruptions caused by these third parties.

10. Limitation of Liability

10.1 Service "As Is": The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

10.2 No Liability for AI Content: We are not liable for any damages arising from AI-generated content, including but not limited to inaccurate, offensive, or inappropriate responses sent to your customers.

10.3 Maximum Liability: Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.4 Exclusions: We are not liable for:

  • Loss of profits, revenue, data, or business opportunities
  • Indirect, incidental, consequential, or punitive damages
  • Damages caused by your misuse of the Service or violation of these Terms
  • WhatsApp account suspensions or bans resulting from your use of the Service
  • Data breaches caused by your failure to secure your account credentials

10.5 Nigerian Law: Nothing in these Terms excludes liability that cannot be excluded under Nigerian law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ObisDevs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms or any applicable laws
  • Your violation of any third-party rights, including WhatsApp's terms
  • Content you upload or AI-generated content sent to your customers
  • Your failure to obtain proper consent from customers for data processing

12. Termination

12.1 By You: You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing period.

12.2 By Us: We may suspend or terminate your account immediately if you:

  • Violate these Terms or our Acceptable Use Policy
  • Fail to pay subscription fees
  • Engage in fraudulent or illegal activities
  • Pose a security risk to the Service or other users

12.3 Effect of Termination: Upon termination, your access to the Service will cease, and we may delete your data after 30 days unless required to retain it by law.

12.4 Data Export: You may request a copy of your data within 30 days of termination by contacting support@salesup.space

13. Dispute Resolution and Governing Law

13.1 Governing Law: These Terms are governed by the laws of the Federal Republic of Nigeria.

13.2 Jurisdiction: Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Nigeria.

13.3 Negotiation: Before initiating legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation for 30 days.

13.4 Arbitration: If negotiation fails, disputes may be referred to arbitration under the Arbitration and Conciliation Act of Nigeria.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ObisDevs regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms, please contact us:

  • Email: hello@salesup.space
  • Support: support@salesup.space
  • Website: https://salesup.space

18. Acknowledgment

By using SalesUp, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.