Terms of Service
Last updated: 3 August 2025
For details on how we collect, use and delete personal data, please read our Privacy Policy.
These Terms of Service ("Terms") are a legal agreement between QDigital ., a sole proprietorship registered in Kazakhstan and doing business as "Sponge AI" ("Company," "we," "us"), and you ("you" or "User"). By accessing or using the Sponge AI platform, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
Sponge AI is a cloud-hosted conversational-automation platform that lets you create and manage chatbots ("Chat-Bots") for WhatsApp, Instagram, Facebook Messenger and other supported channels (each, a "Platform"). Core features include:
- Web dashboard to configure prompts, flows and integrations
- Official API connections to Platforms
- Analytics, logging and message storage
- Optional third-party connectors (e.g., CRM, storage, AI models)
We may improve, update or change features at our discretion (see §11).
2. Definitions (Glossary)
| Term | Meaning |
|---|---|
| "Account" | Your login profile for the Service. |
| "Affiliate" | Any entity controlling, controlled by, or under common control with a party (≥ 50 % voting interests). |
| "App" | The Sponge AI software application registered on the Meta Developer Platform. |
| "Chat-Bot" | The automated agent that receives, processes and replies to messages on Supported Platforms. |
| "Confidential Information" | Non-public information disclosed by one party to the other, marked or reasonably understood as confidential. |
| "Content" | Text, images, audio, video or other material sent through the Service. |
| "Customer Data" | All data (including Personal Data) submitted to or collected by the Service on your behalf. |
| "Developer Policies" | The Meta Platform Terms, Developer Policies and any rules applicable to the App. |
| "Documentation" | The user guides and API references we publish. |
| "Fee" | Any subscription charge, usage overage or other amount payable under §4. |
| "Force Majeure Event" | Circumstances beyond a party's reasonable control (e.g., natural disaster, war, Internet outage). |
| "Message Limit" | The maximum number of messages your plan allows per billing cycle. |
| "Service" | The Sponge AI platform, Chat-Bots, APIs, and related services. |
| "Subscription" | The plan you select that defines Message Limits, support tier and Fees. |
| "Supported Platform(s)" | Each Platform for which the App is approved and technically integrated. |
| "Term" | The period from Account creation until these Terms are terminated under §12. |
| "User" | You, the natural person or legal entity entering into these Terms. |
3. Accounts & Access
- You must provide accurate information when creating an Account and keep it up to date.
- Keep credentials confidential. You are responsible for all activity under your Account.
- You may let employees or contractors use your Account; you remain liable for their actions.
4. Subscription, Fees & Payment
- Plans. Current plans, Message Limits and overage rates appear on our pricing page.
- Billing. Fees are invoiced in advance; payment is due within the period shown on the invoice.
- Late payment. We may charge 1 % interest per month on overdue amounts and suspend the Service until payment is received.
- Taxes. Fees are exclusive of VAT or other taxes, which you must pay where applicable.
5. Service Level & Support
| Metric | Standard Plan | Notes |
|---|---|---|
| Monthly Uptime | 99.5 % | Calculated per calendar month. |
| Critical fault response | 4 business hours | Complete outage or message send/receive failure. |
| Standard ticket response | 1 business day | Mon–Fri, 09:00–18:00 Almaty time. |
| Service credits | 5 % of monthly Fee for each full 1 % below SLA (max 100 %) | Credit applied to next invoice; sole remedy for SLA breach. |
Custom SLAs are available under Enterprise plans.
6. Your Obligations
- Lawful use. Do not violate laws, Platform rules, or third-party rights.
- No abuse. No spam, denial-of-service, or attempts to degrade the Service.
- Provide access. Supply API keys, webhook URLs and other info we reasonably need.
- Data deletion requests. Honour end-user requests to delete data if we forward them to you.
7. Security & Data Protection
- Security measures. We use industry-standard controls (encryption in transit, ISO 27001-aligned processes, daily backups).
- Data Processing. We process Personal Data only to provide the Service, per the Sponge AI Data-Processing Addendum (“DPA”). By using the Service you accept the DPA.
- Retention & Deletion. We keep Message Content and other Customer Data for up to twelve (12) months from the date we receive it, unless you ask us to delete it sooner. Encrypted backup snapshots are retained for up to three-hundred-sixty-five (365) days before automatic purge. Once the relevant period expires—or upon a valid deletion request—we permanently delete or irreversibly anonymise the data.
- Incident & deletion notice. We will notify you without undue delay after confirming a Personal-Data breach that affects you, and we trigger Meta’s User-Data-Deletion callback after fulfilling any valid deletion request so your Messenger / Instagram / WhatsApp account reflects completion.
8. Confidentiality
Each party must protect the other's Confidential Information with at least the same care it uses to protect its own similar information (never less than reasonable care). Obligations survive 3 years after Termination, or forever for trade secrets.
9. Intellectual Property
All rights in the Service remain with Company and its licensors. You receive a non-exclusive, non-transferable licence to use the Service during the Term. You may not reverse-engineer, sublicense or create derivative works of the Service.
10. Third-Party Platforms & Content
- You must have valid accounts on each Platform you connect.
- Platform providers may suspend or ban accounts for policy violations. We are not liable for such actions.
- Content sent through the Service may be processed by AI models (Anthropic, Google) under their respective terms.
11. Changes to the Service or Terms
- Service changes. We may add, remove or modify features. Material changes that adversely affect functionality will be announced at least 10 calendar days in advance.
- Terms updates. We may update these Terms. We will notify you by email or dashboard banner. Continued use after the effective date constitutes acceptance.
12. Suspension & Termination
| Cause | Notice period | Effect |
|---|---|---|
| Non-payment | 7 days | We may suspend the Service until paid. |
| Material breach | 14 days to cure | Either party may terminate if breach is not cured. |
| For convenience | 30 days | Either party may terminate without cause. |
| Insolvency | None | Immediate termination. |
Outstanding Fees are due on Termination. Upon request, we will make Customer Data available for export for 30 days after Termination.
13. Disclaimer & Limitation of Liability
- No warranties. The Service is provided "as is" without warranties of any kind, except as expressly stated in these Terms.
- Limitation. To the maximum extent permitted by law, each party's aggregate liability under these Terms is capped at the total Fees paid in the 3 months before the event giving rise to liability.
- Exclusions. Neither party is liable for indirect or consequential damages (lost profits, data, goodwill) except for:
- infringement of the other's IP;
- violation of confidentiality (§8);
- unpaid Fees.
14. Force Majeure
Neither party is liable for delay or failure caused by a Force Majeure Event. If the event lasts more than 30 days, either party may terminate for convenience without penalty.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of Kazakhstan. Disputes will be resolved first through good-faith negotiation. If unresolved within 30 days, either party may refer the matter to the competent courts of Almaty, Kazakhstan.
16. Assignment
You may not assign these Terms without our prior written consent. We may assign to an Affiliate or in connection with a merger or sale of assets.
17. Notices
- Email: coobek@sponge.chat (legal notices are deemed received when sent, if no bounce).
- Post: QDIGITAL, d/b/a Sponge AI, Building 56, Microregion 12, Office 60, Aktau 130000, Kazakhstan.
- Updates: Operational notices may appear in the dashboard.
18. Entire Agreement; Severability
These Terms (including the DPA and any Order Forms) are the entire agreement between the parties and supersede prior agreements. If any provision is held unenforceable, it will be modified to reflect the parties' intent, and the remaining provisions will remain in effect.
19. Contact
Questions? Email coobek@sponge.chat or write to the postal address above.