Terms of Use
- 1. Acceptance of these terms
- 2. Description of the Service
- 3. Accounts and eligibility
- 4. Plans, billing, and refunds
- 5. Acceptable use
- 6. Customer content and licence
- 7. Intellectual property
- 8. Third-party services
- 9. Availability and support
- 10. Disclaimer of warranties
- 11. Limitation of liability
- 12. Indemnification
- 13. Suspension and termination
- 14. Governing law and disputes
- 15. Changes to the Service or these terms
- 16. Contact
1. Acceptance of these terms
These Terms of Use ("Terms") form a binding agreement between you ("Customer", "you") and ORYKSA AI, operated by W8 Atlantic ("ORYKSA", "we", "us"). By creating an account, accessing, or using the ORYKSA AI platform at app.oryksa.com or any related service (the "Service"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Description of the Service
ORYKSA AI provides software that lets businesses operate AI-assisted customer communication across channels such as WhatsApp, Telegram, and website chat widgets, including features for automated replies, scheduling, and integrations with third-party tools. We may add, change, or remove features at any time.
3. Accounts and eligibility
- You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract.
- You are responsible for keeping your credentials confidential and for all activity under your account.
- The information you provide must be accurate and kept up to date.
- One person or entity may not register multiple accounts to circumvent plan limits or evasion of suspension.
4. Plans, billing, and refunds
The Service is offered on the following paid plans (prices update automatically when adjusted by ORYKSA):
- Starter — €29/month — 1000 AI interactions/month
- Growth — €79/month — 2000 AI interactions/month
- Pro — €149/month — 3000 AI interactions/month
Prices shown are exclusive of VAT. EU customers pay applicable VAT (e.g. 23% in Portugal) at checkout. Yearly billing saves 2 months (10× monthly price). The 7-day Free Trial gives full Pro access with no card required.
- Paid plans renew automatically on the cycle you choose (monthly or yearly) until cancelled. You may cancel renewal at any time from your account; access continues until the end of the paid period.
- Payments are processed by our payment provider; you authorise recurring charges to your selected payment method.
- 14-day refund guarantee. Within 14 days of your first paid subscription, you may request a full refund as long as you have used less than 20% of your monthly interactions. After the 14-day window, fees already paid are non-refundable except where required by law.
- Annual subscriptions follow the same 14-day guarantee from the date of purchase. After 14 days, no refund is issued for unused months.
- Refund requests are submitted via help.oryksa.com/contact and processed back to the original payment method within 5–10 business days after approval.
- Usage abuse, spam, or violation of these Terms disqualifies the refund guarantee.
- Late or failed payments may result in suspension of the Service.
5. Acceptable use
You agree not to, and not to allow anyone using your account to:
- Send spam, unsolicited bulk messages, or content prohibited by Meta WhatsApp Business Policy or any other channel provider's terms.
- Use the Service to defraud, deceive, harass, or harm others, or to impersonate any person or entity.
- Generate, distribute, or facilitate content that is illegal, infringing, defamatory, hateful, sexually explicit involving minors, or that promotes violence.
- Attempt to reverse-engineer, decompile, or extract source code from the Service, or interfere with its security or integrity.
- Resell or sublicense the Service without our written agreement.
- Use the Service to make decisions that produce legal effects on individuals (e.g. credit, employment, housing) without independent human review.
- Violate any applicable law or regulation, including data protection, consumer protection, or telecommunications law.
6. Customer content and licence
You retain all rights in the content and data you and your end users submit to the Service ("Customer Content"). You grant ORYKSA a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, and process Customer Content solely as necessary to provide and improve the Service, comply with law, and exercise rights under these Terms. We do not use Customer Content to train general-purpose foundation models.
You are solely responsible for: (a) the accuracy, legality, and appropriateness of Customer Content; (b) obtaining all consents required for ORYKSA to process end-user messages and personal data on your behalf; and (c) the AI outputs you choose to send to your end users. You must independently verify any output before relying on it for decisions that affect rights or finances.
7. Intellectual property
The Service, including its software, design, trademarks, and documentation, is owned by ORYKSA or its licensors and is protected by intellectual property law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the term of your subscription.
8. Third-party services
The Service may integrate with third-party services (e.g. Meta WhatsApp Business, Telegram, Google, Stripe, language model providers). Your use of those services is subject to their own terms and privacy policies. We are not responsible for the content, availability, or practices of third parties.
9. Availability and support
We aim to keep the Service available 24/7 but do not guarantee uninterrupted operation. Maintenance, upgrades, force majeure, or events outside our reasonable control may cause downtime. Support is offered through the channels and response times indicated for your plan.
10. Disclaimer of warranties
The Service is provided "as is" and "as available". To the maximum extent permitted by law, ORYKSA disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted or error-free.
AI outputs may be inaccurate, incomplete, or unsuitable for your context. You are responsible for reviewing and approving any AI-generated content before relying on or sending it.
11. Limitation of liability
To the maximum extent permitted by law, ORYKSA, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to the Service, even if advised of the possibility of such damages. Our aggregate liability for any claim arising out of or related to these Terms or the Service is capped at the amount you paid ORYKSA in the twelve (12) months preceding the event giving rise to the claim, or USD 100 if you have not paid any fees.
Nothing in these Terms limits liability that cannot be limited by law (e.g. for fraud or wilful misconduct).
12. Indemnification
You agree to defend, indemnify, and hold harmless ORYKSA from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in breach of these Terms; (b) Customer Content; or (c) your violation of any law or third-party right.
13. Suspension and termination
We may suspend or terminate your access to the Service if you breach these Terms, if your account presents a security or legal risk, or if you fail to pay fees due. You may stop using and cancel the Service at any time from your account. Sections that by their nature should survive termination (including IP, disclaimers, liability limits, and indemnity) will survive.
14. Governing law and disputes
These Terms are governed by the laws of Portugal, without regard to conflict-of-law rules. The courts of Lisbon, Portugal will have exclusive jurisdiction over any dispute, except where mandatory consumer law grants you the right to bring action in your country of residence.
15. Changes to the Service or these terms
We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be notified by email or in-product notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.