Terms of Service

1. Acceptance of Terms

By accessing or using Dewx ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Dewx is a business operating system that provides unified messaging, CRM, operations management, and AI-powered assistance for small and medium businesses.

3. Beta Terms

During the beta period, the Service is provided "as is" and "as available". Beta features may be incomplete and may contain bugs. We reserve the right to modify, suspend, or discontinue any part of the beta at any time.

4. Account Registration

To use our Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or have parental consent
• Not share your account with others

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Send spam or unsolicited messages
• Attempt to gain unauthorized access to any system
• Interfere with or disrupt the Service
• Violate any third-party rights
• Reverse engineer or copy our technology

6. Third-Party Integrations

Our Service integrates with third-party platforms (WhatsApp, LinkedIn, Gmail, Instagram, Outlook). Your use of these integrations is subject to the respective platform's terms of service. We are not responsible for third-party services.

7. Service Level Agreement (SLA)

For paid subscription plans, Dewx commits to the following service levels:

• Uptime Target: 99.9% monthly uptime for core services (excluding scheduled maintenance)
• Scheduled Maintenance: Planned maintenance will be announced at least 72 hours in advance and scheduled during off-peak hours (weekends, late nights)
• Emergency Maintenance: Critical security patches may be applied with shorter notice
• Response Times:
  • Critical issues (service down): Response within 1 hour
  • High priority (major feature impacted): Response within 4 hours
  • Medium priority (minor impact): Response within 1 business day
  • Low priority (questions/enhancements): Response within 3 business days

SLA Credits: If we fail to meet the 99.9% uptime target in any calendar month, affected paid subscribers may be eligible for service credits equal to 10% of that month's fees per full percentage point below the target (up to 30% maximum).

Exclusions: The SLA does not apply to: (a) beta features, (b) third-party integrations, (c) force majeure events, (d) your equipment/connectivity issues, or (e) suspension due to Terms violations.

8. Refund Policy

We offer the following refund terms:

• Monthly Plans: You may cancel at any time. No refunds for partial months, but you retain access until the end of your billing period.
• Annual Plans: 30-day money-back guarantee from the start of your subscription. After 30 days, you may cancel at any time and receive a prorated refund for unused full months remaining.
• Beta/Free Tiers: No payment means no refund applicable.

How to Request a Refund: Contact billing@dewx.com with your account email and reason for cancellation. Refunds are processed within 5-10 business days to the original payment method.

Non-Refundable: Add-on services, one-time setup fees, or services already rendered are not eligible for refunds.

9. Dispute Resolution & Arbitration

Informal Resolution: Before initiating formal proceedings, you agree to contact us at legal@dewx.com and attempt to resolve any dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, you and Dewx agree to resolve any disputes through binding arbitration rather than in court, except for claims that may be brought in small claims court.

• Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules
• Arbitration will be held in [Delaware/your state] or remotely via video conference
• The arbitrator's decision will be final and binding
• Each party bears their own costs; JAMS fees will be shared equally

Class Action Waiver: You agree to resolve disputes with us on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@dewx.com within 30 days of accepting these Terms.

10. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control ("Force Majeure Event"), including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, etc.)
• Acts of war, terrorism, or civil unrest
• Government actions, laws, or regulations
• Pandemics or public health emergencies
• Widespread internet or infrastructure failures
• Third-party service provider outages (AWS, Google Cloud, etc.)
• Cyberattacks or security incidents beyond reasonable prevention

The affected party must promptly notify the other party of the Force Majeure Event and use reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected services without penalty.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dewx, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, upload, or transmit through the Service
• Your violation of applicable laws or regulations

Dewx reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

12. Fair Use Policy

To ensure quality service for all users, the following fair use limits apply:

Overage Policy: If you exceed your plan limits, we will notify you and may throttle service until the next billing cycle or offer an upgrade. Consistent overages may require upgrading to a higher tier.

Abuse Prevention: Automated scripts, bots, or other mechanisms designed to circumvent limits or abuse the Service are prohibited and may result in immediate account suspension.

13. Account Suspension & Termination

Suspension: We may suspend your account immediately if we reasonably believe that:

• You have violated these Terms of Service
• Your use poses a security risk to the Service or other users
• You are engaging in fraudulent or illegal activity
• Your account has been compromised
• Required by law or legal process
• You have failed to pay applicable fees

Notice: Where possible, we will provide notice before or promptly after suspension, explaining the reason and steps to remedy (if applicable). Some violations (e.g., illegal activity, security threats) may result in immediate suspension without notice.

Reinstatement: You may appeal a suspension by contacting support@dewx.com. We will review appeals within 5 business days and restore access if the issue is resolved.

Termination by Dewx: We may terminate your account for repeated violations, severe Terms breaches, or if required by law. You will receive 30 days notice for termination due to business changes (e.g., discontinuing the Service).

Termination by You: You may terminate your account at any time through your account settings or by contacting support.

14. Data Export Rights

You have the right to export your data from Dewx at any time:

• Self-Service Export: Access Settings → Data → Export to download your data in standard formats (JSON, CSV)
• What's Included: Messages, contacts, deals, tasks, notes, attachments, and activity history
• Format: Data is exported in machine-readable formats (JSON, CSV) suitable for import into other systems
• Processing Time: Export requests are typically processed within 24 hours; large exports may require longer
• Retention: Export files remain available for download for 7 days

Post-Termination: After account termination, you have 30 days to request a data export. After this period, your data will be permanently deleted per our retention policy.

Assistance: For large exports or technical assistance, contact support@dewx.com.

15. Intellectual Property

The Service, including its content, features, and functionality, is owned by Dewx and protected by copyright, trademark, and other intellectual property laws.

16. User Content

You retain ownership of content you create or upload to the Service. By using our Service, you grant us a license to use, store, and process your content solely to provide the Service.

17. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms.

18. Limitation of Liability

To the maximum extent permitted by law, Dewx shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

Liability Cap: Our total aggregate liability for any claims arising from these Terms or your use of the Service shall not exceed the greater of: (a) the fees you paid to Dewx in the 12 months preceding the claim, or (b) $100 USD.

19. Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

22. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Dewx regarding the Service.

24. Contact

For questions about these Terms, contact us at legal@dewx.com.