swaru's terms of service

Accepting these terms

These terms govern the use of swaru, a product of Magna Legal, located at Calle 5 Esq. C. Ramón Asensio, La Moraleja, Santiago de los Caballeros 51101, Dominican Republic and reachable at info@swaru.app. By creating an account or using swaru, you accept these terms on behalf of the business you represent.

The privacy policy and the written quote form part of the agreement, and together they constitute the entire agreement between the parties.

Who may use swaru

swaru is built for businesses, not individual consumers. Only users of legal age, with authority to represent the business, may create an account and use the console.

Accounts and operators

The business is responsible for its operators, must keep its credentials confidential, and answers for actions taken through its accounts.

Acceptable use

The business must obtain its customers' opt-in to be messaged, and indemnifies swaru for claims arising from messages sent without it.

By using swaru, the business agrees not to:

• Send unsolicited messages (spam) through the platform.
• Use the service for unlawful or deceptive content, or content that infringes a third party's rights.
• Attempt to circumvent Meta's policies for WhatsApp Business, including its Business Messaging Policy.

The business's content

The business keeps ownership of its content: its catalog, its approved answers, its tone of voice and any other material it loads into swaru.

The business grants swaru a license to use, store and process that content solely to provide the service.

swaru's intellectual property

The software, the service and its documentation remain the property of Magna Legal. The business receives a non-exclusive, non-transferable right to use them during the term of the agreement.

Data processing

For end customers' personal data, swaru is the processor and the business is the controller, under the privacy policy, which forms part of these terms. The business must have a legal basis and the consent needed to process that data.

Pricing

swaru is billed based on usage, under a quote agreed in writing with each business. We don't publish fixed plans on this page.

Usage is invoiced monthly in arrears. Invoices are payable within 30 days of issue, in the currency of the quote. Amounts exclude taxes, such as ITBIS. Late payment allows suspension of the service after 10 days' written notice.

Service availability

swaru is provided "as is", with reasonable efforts to keep it continuously available, but without a guarantee of uninterrupted or error-free operation.

Replies are drafted by an AI model from the business's approved content and are not warranted to be error-free. The business should review its approved content.

Confidentiality

Each party will keep the other party's non-public information, to which it has access under the agreement, confidential, and will use it only to perform the agreement. This obligation survives termination.

Limitation of liability

To the extent permitted by law, swaru's total liability to the business for any claim related to the service is limited to the fees paid or payable in the 12 months before the claim. swaru is not liable for indirect loss or lost profits.

This cap does not apply where the law does not allow it, including gross negligence or wilful misconduct.

Suspension and termination

Either party may end the agreement by written notice: the business, to info@swaru.app; swaru, to the operator email registered on the account.

swaru may suspend the service for breach, including of the Meta policies mentioned above, after notice and a 10-day cure period, or without notice when a serious risk requires it. On termination, data is deleted under the privacy policy within 30 days.

Survival

Obligations relating to liability, confidentiality, data deletion and payment survive termination.

Changes to these terms

swaru may update these terms from time to time. It will give reasonable notice of significant changes by posting the new version on this page. Continued use after the effective date constitutes acceptance.

Governing law

These terms are governed by the laws of the Dominican Republic. Before going to court, the parties will negotiate in good faith for 30 days to resolve the dispute. If they cannot, it is submitted to the competent courts of Santiago de los Caballeros, Dominican Republic.

If any provision of these terms is held invalid or unenforceable, the remaining provisions stay in full force (severability).