Terms of Service

1. Agreement structure and priority

1.1 What these Terms cover

DankoChat is a managed WhatsApp AI customer-support service that may include knowledge-base setup and updates (subject to merchant confirmation where required), AI replies over Meta’s WhatsApp Business Platform (Cloud API), human-handoff notifications, operational monitoring, and related platform tooling. Feature descriptions on marketing pages (including pricing examples) are informational only.

1.2 Order / invoice supremacy

The applicable fees, allowances, service period, and commercial commitments are those confirmed in your order, invoice, or written confirmation with Danko AI or an authorised partner. If marketing materials conflict with an order or invoice, the order or invoice controls.

1.3 Signed agreements prevail; website Terms fill gaps

If you (or your organisation) have a signed customer, reseller, referral, or other written agreement with Danko AI covering DankoChat or related services, that signed agreement prevails over these website Terms to the extent of any conflict. These website Terms apply to website use generally and, for the product, fill gaps only where the signed agreement is silent. Nothing in these Terms reduces rights expressly granted in a signed deal.

2. Meta / WhatsApp platform requirements

2.1 Platform dependency

The service depends on Meta’s WhatsApp Business Platform. You must have (or obtain) a compliant WhatsApp Business Account, a phone number suitable for Cloud API, and any business verification Meta requires. You authorise DankoChat to help configure webhooks, subscribe apps to your WABA where agreed, and process inbound and outbound messages needed to operate the bot and handoff flows.

2.2 Your compliance with Meta and local law

You remain responsible for complying with the WhatsApp Business Messaging Policy, Meta Platform Terms, commerce and consent rules, and applicable local law. Meta may restrict messaging quality, templates, or account access independently of DankoChat. Such Meta actions do not, by themselves, constitute a breach by Danko AI.

2.3 App vs Cloud API exclusivity

The same phone number generally cannot remain logged into the WhatsApp Business App (or ordinary WhatsApp) while connected to Cloud API. Logging into the App on a Cloud API number can disconnect the integration and interrupt AI replies. You must not attempt to open or log in with conflicting clients on a number connected to DankoChat.

If a conflicting login or similar misuse disconnects the integration, additional remediation fees may apply as stated in your order, signed agreement, or partner materials. These public Terms do not set a specific remediation fee amount.

3. Merchant responsibilities

1. Provide accurate business information and knowledge materials; keep admin contacts reachable; and confirm knowledge or policy diffs before they go live where the product requires confirmation.
2. Remain responsible for end-customer disclosures, opt-in / opt-out, and lawful use of customer data in your WhatsApp conversations.
3. Do not instruct the system to invent regulated claims, make unlawful promises, or violate Meta policies. AI replies are generated from confirmed materials and conversation context.
4. Ensure that staff who use onsite / human-takeover features are authorised by you. DankoChat routes important cases to your on-duty staff; Danko AI does not replace your duty to handle complaints, refunds, or regulated matters.
5. Safeguard credentials, Meta Business Manager access, and admin WhatsApp devices.

4. Fees, allowances, and refunds

1. Published plans may change; your active order controls pricing for the confirmed period.
2. Only Meta-confirmed delivered AI replies typically count toward allowances, as described in your plan materials.
3. Meta’s own WhatsApp conversation charges are billed by Meta to you (or your Meta billing entity) and are separate from fees charged by Danko AI unless expressly stated otherwise.
4. Annual platform fees are generally non-refundable once paid, except where required by law or expressly agreed in writing. Early termination, under-use, or dissatisfaction does not create a refund right unless the law or a signed agreement says otherwise.
5. Prepaid reply credits, where offered, follow the rules stated at purchase (including validity and any unused-balance terms if advertised).

5. Data, ownership, and privacy

1. You retain ownership of your business content, knowledge-base materials you supply, and your relationship with Meta for your phone number and business portfolio.
2. Danko AI retains ownership of the platform software, prompts, operational tooling, documentation, trademarks, and aggregated non-identifying service insights.
3. Processing of personal data is described in the Privacy Policy at https://danko.ai/privacy. For DankoChat, you instruct us to process WhatsApp message content as needed to provide the service. You must not upload unlawful content or credentials you are not authorised to share.
4. Merchants may request a Data Processing Addendum (DPA) as noted in the Privacy Policy.

6. Acceptable use

You may not use DankoChat or our websites to:

• send spam, malware, or deceptive content;
• violate Meta or WhatsApp policies or applicable law;
• attempt unauthorised access to other tenants or systems;
• reverse engineer the service except as permitted by mandatory law; or
• interfere with security, availability, or fair use of the platform.

7. Suspension and termination for cause

We may suspend all or part of the service (with reasonable notice where practicable, or immediately in urgent cases) if:

1. fees are unpaid when due;
2. you materially breach these Terms, a signed agreement, Meta / WhatsApp policies, or applicable law;
3. your or your users’ conduct creates security, abuse, spam, or multi-tenant risk; or
4. continued operation creates Meta policy or platform risk (including quality or compliance risk) that we reasonably need to mitigate.

We may terminate for material breach if not cured within a reasonable period after notice (or immediately if the breach is not reasonably curable). Suspension or termination for cause does not entitle you to a refund of prepaid platform fees except where required by law.

8. Support, availability, and AI disclaimer

1. We aim to provide emergency operational support within the timeframes described on the marketing site (for example, response within 48 hours for urgent incidents that you formally report through designated channels). Those targets are service goals, not guaranteed fix times for every case.
2. WhatsApp, Meta, networks, hosting providers, and third-party AI providers can affect availability. The service is provided on an “as available” basis.
3. AI disclaimer: AI-generated content may be incomplete, outdated, or incorrect if source knowledge is incomplete or ambiguous. We do not guarantee accuracy, completeness, or fitness of any AI reply for a particular purpose. You must review critical answers, keep confirmed knowledge current, and ensure regulated or high-stakes communications are appropriately supervised by your staff.
4. Danko AI is not responsible for Meta outages, merchant misuse, third-party model errors outside our reasonable control, or outcomes of business decisions based on AI output.

9. Limitation of liability

9.1 Cap

To the fullest extent permitted by Hong Kong law, Danko AI’s aggregate liability arising out of or relating to these Terms or DankoChat for any claim (whether in contract, tort including negligence, or otherwise) is limited to the fees you actually paid to Danko AI for the service period in which the claim arose.

9.2 Excluded damages

To the fullest extent permitted by law, Danko AI is not liable for indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, goodwill, or data; or business interruption—even if advised of the possibility—except as Section 9.3 requires.

9.3 Non-excludable liabilities (Hong Kong)

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Hong Kong law, including liability for:

• fraud or fraudulent misrepresentation;
• death or personal injury caused by negligence;
• wilful misconduct; or
• any other liability that applicable Hong Kong law does not permit to be limited or excluded.

9.4 Your responsibility for your content and platform use

You are responsible for claims, fines, losses, or expenses arising from your content, your end-customer handling, your breach of Meta policies, or your misuse of Cloud API numbers, to the extent permitted by law.

10. Term, renewal, and exit

1. Service continues for the purchased term and any renewals confirmed by order, invoice, or portal renewal.
2. Either party may terminate for material breach if not cured within a reasonable period after written notice, as described in Section 7.
3. Upon termination or expiry, messaging via DankoChat may stop. You may request export of knowledge and conversation data where supported. Detaching a number from Cloud API / WABA so it can again be used with the WhatsApp Business App is subject to Meta’s then-current procedures; we will provide reasonable exit assistance consistent with your order or signed agreement.
4. Sections on fees owed, ownership, privacy references, acceptable use, disclaimers, limitation of liability, governing law, and survival of accrued rights continue after termination.

11. Governing law and jurisdiction

These Terms are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have exclusive jurisdiction over disputes arising from these Terms, without prejudice to any mandatory protections that cannot be waived by agreement. If a signed agreement states a different jurisdiction clause for that commercial relationship, that signed clause controls for disputes under that agreement.

12. Changes to these Terms

We may update these Terms by posting a revised version at https://danko.ai/terms and updating the “Last updated” date.

• For non-material changes, continued use of the websites or service after the effective date constitutes acceptance.
• For material adverse changes affecting paying customers, we will give reasonable notice where practicable (for example via the service, admin contact, or partner channel) before the change takes effect for those customers.
• Signed contracts control: if a signed agreement specifies how changes may be made, that process prevails over this Section.

13. General

1. If any provision is held unenforceable, the remainder continues in effect.
2. Failure to enforce a provision is not a waiver.
3. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor in connection with a corporate transaction on notice.
4. These Terms, together with any applicable order/invoice and the Privacy Policy (for data practices), form the website-level agreement for the matters they cover, subject always to Section 1.3 on signed deals.

14. Contact

Danko AI Limited (Hong Kong) Website: https://danko.ai DankoChat: https://danko.chat WhatsApp: +852 6144 0647