Terms of Service & Privacy Policy

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Terms of Service (ToS)

Service: Smartpush Basic / Smartpush Premium

Effective Date: [23-4-2025]

Preamble

These Terms of Service (hereinafter "ToS") govern the access and use of the "Smartpush Basic" and "Smartpush Premium" services (hereinafter collectively or individually the "Service"), offered by XENDIS AI & TECH SOLUTIONS - FZCO, registered at IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis, Dubai, UAE (hereinafter "Xendis," "we," "us," "our").

The Service consists of interacting via the WhatsApp messaging application with a chatbot linked to a personal database managed by the user.

By accessing or using the Service, you (hereinafter "User," "you," "your") agree to be bound by these ToS and by our Privacy Policy. If you do not agree to these terms, please do not use the Service.

1. Service Description

Smartpush Basic: Allows the User to interact with a chatbot via WhatsApp to store and retrieve personal information they choose to save in their dedicated database. Identification relies on the recognition of the phone number associated with the User's WhatsApp account.

Smartpush Premium: Offers the features of Smartpush Basic with additional security options (such as a security key or password, depending on the options offered) and potentially other advanced features. Access to Smartpush Premium may require payment of fees.

The Service operates via the WhatsApp application. Use of the Service therefore implies that the User also accepts the Terms of Service and Privacy Policy of WhatsApp (Meta). Xendis is not responsible for the operation or policies of WhatsApp.

2. Access and User Account

2.1. Eligibility: The Service is intended for individuals who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18 years of age. We do not knowingly collect information from individuals under 18. (Note: 18 years is legally safer than 12, especially with potentially sensitive data collection and lack of robust age verification. Discuss with your legal counsel).

2.2. Identification: Access to the Service is linked to the User's phone number used on WhatsApp.

• For Smartpush Basic, primary identification relies on the recognition of this number.
• For Smartpush Premium, additional authentication mechanisms (security key, password) may be required or offered.

2.3. Security: The User is solely responsible for the security of their WhatsApp account, mobile phone, and any security codes or keys associated with Smartpush Premium. Any activity carried out via their phone number will be deemed their responsibility. Xendis shall not be liable for unauthorized access resulting from the User's negligence.

3. Use of the Service and User Content

3.1. License to Use: Xendis grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordanceance with these ToS.

3.2. User Content: The Service allows the User to store personal information ("User Content") that they freely choose.

• Ownership: The User retains full ownership of their User Content.
• Responsibility: The User is entirely and exclusively responsible for the User Content they choose to store via the Service. The User agrees not to store any information that is:
  • Illegal, unlawful, contrary to good morals.
  • Hateful, discriminatory, defamatory, abusive, threatening.
  • Violating the intellectual property rights of third parties (copyright, trademarks...).
  • Containing viruses or malicious code.
  • Violating the privacy of others without authorization.
  • Considered confidential or secret if they do not have the right to disclose it.
• License to Xendis: By using the Service to store their User Content, the User grants Xendis a worldwide, non-exclusive, royalty-free, limited license solely for the technical purpose of storing, processing, retrieving, and displaying this User Content on behalf of the User as part of the normal operation of the Service. Xendis will not access, use, or disclose User Content for any other purpose, unless required by law or to ensure the security and integrity of the Service.

3.3. Authorized Use: The User agrees to use the Service fairly, in accordanceance with its intended purpose and applicable laws and regulations. The User specifically agrees not to attempt to disrupt the Service, access other users' data, or use the Service for unauthorized commercial purposes.

4. Fees and Payment (Smartpush Premium)

4.1. Fees: Use of Smartpush Premium may be subject to the payment of fees (subscription, one-time payment). Applicable rates will be indicated at the time of subscription.

4.2. Payment: Payments may be made by credit card, bank transfer, or cryptocurrency via third-party payment service providers. By choosing a payment method, you agree to be bound by the terms and conditions and privacy policy of that third-party provider. Xendis is not responsible for payment processes managed by these third parties. Payment information is processed directly by these providers and is not stored on our servers (except potentially non-sensitive transactional information like transaction ID or payment status).

4.3. Taxes: Prices shown exclude any applicable taxes, which remain the responsibility of the User according to applicable law.

5. Intellectual Property

All intellectual property rights relating to the Service itself (software, architecture, chatbot, texts (excluding User Content), trademarks, logos "Smartpush," "Xendis AI & Tech Solutions," etc.) are and remain the exclusive property of Xendis AI & Tech Solutions - FZCO or its licensors. Nothing in these ToS shall be construed as a transfer of intellectual property rights to the User, other than the limited license to use mentioned in Article 3.1.

6. Data Protection

The collection and processing of the User's personal data in connection with the Service are governed by our Privacy Policy, which is an integral part of these ToS.

7. Third-Party Services

The Service relies on third-party services, notably WhatsApp (Meta) for messaging and Hostinger for data hosting. Use of the Service is subject to acceptance of the terms of these third parties. Xendis is not responsible for the availability, performance, or practices of these third-party services.

8. Limitation of Liability

8.1. The Service is provided "as is" and "as available," without warranty of any kind, express or implied. Xendis does not warrant that the Service will be uninterrupted, error-free, virus-free, or secure.

8.2. Xendis implements measures to ensure the security of User Content storage but cannot guarantee absolute security. The User acknowledges storing their User Content at their own risk.

8.3. Xendis shall not be liable for any indirect, consequential damages, loss of data, loss of profit, or business interruption resulting from the use or inability to use the Service.

8.4. Xendis's total liability, for any cause whatsoever and regardless of the legal basis invoked, is limited (except in cases of gross negligence, willful misconduct, or personal injury) to the amount paid by the User for the Service (if applicable) during the six (6) months preceding the event giving rise to the claim, or to a symbolic amount if the Service is free.

8.5. These limitations of liability apply to the fullest extent permitted by the applicable law in the United Arab Emirates.

9. Termination

9.1. By the User: The User may stop using the Service at any time. To delete their account and associated data, the User must follow the procedure indicated in the Service or contact Xendis at holdinvesting31@gmail.com.

9.2. By Xendis: Xendis reserves the right to suspend or terminate the User's access to the Service, without notice or compensation, in the event of a breach of these ToS, particularly in the case of storage of illicit or inappropriate User Content, attempted fraud, or compromising the security of the Service or other users. Xendis may also cease offering the Service, subject to reasonable notice where possible.

10. Changes to the ToS

Xendis reserves the right to modify these ToS at any time. Changes will take effect upon their publication on the website or notification to the User. It is the User's responsibility to regularly consult the ToS. By continuing to use the Service after a modification, the User accepts the new ToS.

11. Governing Law and Jurisdiction

These ToS are governed by and construed in accordanceance with the laws of Dubai and the United Arab Emirates, without regard to conflict of law principles.

Any dispute relating to the interpretation, execution, or termination of these ToS shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

12. Contact

For any questions regarding these ToS, you can contact Xendis AI & Tech Solutions - FZCO at:

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: holdinvesting31@gmail.com

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Privacy Policy

Service: Smartpush Basic / Smartpush Premium

Effective Date: [Date of posting]

1. Introduction

Xendis AI & Tech Solutions - FZCO ("Xendis," "we," "us," "our") is committed to protecting the privacy of users ("User," "you," "your") of its "Smartpush Basic" and "Smartpush Premium" services (the "Service"). This Privacy Policy explains what personal data we collect, how we use and protect it, and with whom we may possibly share it (only when necessary for the Service to function).

This Policy is an integral part of our Terms of Service. By using the Service, you consent to the collection and use of your personal information as described herein.

2. Data Controller

The data controller for your personal data is:

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Contact email for privacy questions: holdinvesting31@gmail.com

3. Personal Data We Collect

We collect the following categories of data:

• Identification and Contact Information: Your mobile phone number (necessary for identification and use of the Service via WhatsApp).
• Authentication Information (for Smartpush Premium): Potentially a security key or password that you set, if you choose this option.
• User Content: All information that you freely choose to enter and store via the chatbot in your personal database. The nature of this information is entirely under your control and responsibility. We do not analyze, categorize, or use the content of this information for our own purposes. We only process it to enable you to store and retrieve it.
• Payment Information (for Smartpush Premium): When you make a payment, it is processed by third-party payment service providers (banks, card processors, crypto gateways). We do not store your full credit card or crypto wallet information. We may receive transactional information from these providers (e.g., payment confirmation, transaction ID) to manage your subscription or purchase. You will be subject to the privacy policy of the chosen payment provider.
• Technical and Usage Data (potentially): Like most online services, our servers (hosted by Hostinger) may automatically log technical information when you use the Service, such as IP address (anonymized where possible), access times, basic interaction types with the service (e.g., login, save), but we do not use this data for behavioral analysis or profiling. These logs are primarily used for security, maintenance, and diagnostics in case of technical issues.

4. Purposes for Using Your Data

We use your personal data for the following purposes:

• To Provide and Manage the Service: Enable your identification/authentication, process your instructions via the chatbot, store and retrieve your User Content at your request.
• To Ensure Service Security: Protect our systems, prevent fraud and abuse.
• To Manage Payments (for Smartpush Premium): Process your transactions and manage your access to paid features.
• To Communicate with You: Respond to your inquiries via the contact email, send you important information about the Service (updates, security issues) if necessary (no marketing).
• To Comply with Legal Obligations: Comply with applicable laws and regulations (e.g., legal requests from authorities).

We explicitly commit NOT to:

• Sell your personal data to third parties.
• Share your User Content with third parties, unless required by law or for imperative security reasons.
• Use your User Content for marketing, advertising, or analysis for our own purposes.
• Send you unsolicited marketing emails (unless you separately consent in the future, which is not currently planned).

5. Legal Basis for Processing (Relevant notably for GDPR if applicable)

We process your data on the following legal bases:

• Performance of a Contract: Processing your phone number, authentication information (if applicable), and User Content is necessary to perform the contract between us (the ToS) and provide you with the Service you request.
• Legal Obligations: We may process certain data to comply with our legal obligations.
• Legitimate Interests: We process certain technical data for our legitimate interests, namely ensuring the security and maintenance of the Service, provided that your own interests and fundamental rights do not override these interests.
• Consent: For certain non-essential operations (which are not currently planned), we might ask for your explicit consent.

6. Sharing of Personal Data

We only share your personal data with the following limited categories of third parties, and only when necessary:

• Hosting Provider: Your data, including your User Content, is stored on servers provided by our hosting provider, Hostinger. Hostinger acts as a data processor and is bound by security and confidentiality obligations.
• Messaging Platform: The Service operates via WhatsApp (Meta). Your use of the Service necessarily involves exchanging messages via their servers. You are subject to WhatsApp/Meta's privacy policy.
• Payment Service Providers (for Smartpush Premium): If you make a payment, your payment information is shared directly with the provider you choose (e.g., Stripe, PayPal, crypto gateway...). We do not control their privacy practices.
• Legal Authorities: If compelled by law, court order, or valid legal process, we may need to disclose some of your information.

We ensure, where possible, that these third parties provide sufficient guarantees regarding data protection.

7. Data Security

We take the security of your data very seriously and implement appropriate technical and organizational measures to protect it against unauthorized access, alteration, disclosure, or destruction. This includes [Mention general measures here if possible, without being overly specific: e.g., encryption of data in transit (HTTPS), server access controls, pseudonymization if applicable, but be honest about what is actually in place].

However, no data transmission or storage system is infallible. While we strive to protect your information, we cannot guarantee absolute security. You are also responsible for the security of your WhatsApp account and authentication information.

8. Data Retention

We retain your personal data for as long as necessary to provide the Service and fulfill the purposes described in this Policy.

• Your phone number and authentication information (if applicable) are retained as long as your account is active.
• Your User Content is retained as long as your account is active, unless you choose to delete it yourself via the Service.
• Upon deletion of your account (at your request or by us), we will delete your personal data and User Content from our active systems within a reasonable timeframe (e.g., [specify timeframe, e.g., 30 days]), unless we are required by law to retain it longer (e.g., billing data for tax purposes) or if needed to resolve disputes or enforce our rights. Backup copies may remain for a limited period in our secure archives before being permanently destroyed.

9. Your Rights

Depending on applicable law (potentially including GDPR for EU residents), you may have certain rights regarding your personal data:

• Right of Access: Request a copy of the data we hold about you.
• Right to Rectification: Request correction of inaccurate or incomplete data.
• Right to Erasure ("Right to be Forgotten"): Request deletion of your data under certain conditions.
• Right to Restrict Processing: Request limitation of how we use your data under certain conditions.
• Right to Data Portability: Receive your data in a structured, commonly used format (may be limited for User Content due to its free-form nature).
• Right to Object: Object to the processing of your data based on our legitimate interests.

To exercise these rights, please contact us at: holdinvesting31@gmail.com. We may ask you to verify your identity before responding to your request.

10. Children's Privacy

The Service is not intended for individuals under the age of 18. We do not knowingly collect personal data from children under 18. If we learn that we have collected such data without verification of parental consent (where required), we will take steps to delete it.

11. International Data Transfers

Your personal data is processed and stored on servers located [Indicate primary Hostinger server location if known, e.g., in Europe, the US, or "potentially in various locations depending on our hosting provider"]. Your use of the Service via WhatsApp also involves data transfers managed by Meta. By using the Service, you consent to the transfer of your information to countries outside your country of residence, including the United Arab Emirates, where data protection laws may differ. We take steps to ensure these transfers are carried out in accordanceance with applicable law.

12. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of significant changes by posting the new policy on our website or through other appropriate means. We encourage you to review this page periodically.

13. Contact

If you have questions or concerns about this Privacy Policy or our data practices, please contact us:

XENDIS AI & TECH SOLUTIONS - FZCO
IFZA Business Park, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: holdinvesting31@gmail.com