Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Cito ("we," "us," or "Company") governing your access to and use of our WhatsApp Business automation platform, APIs, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Description of Services

Cito provides a platform that enables businesses to:

• Provision and manage phone numbers for SMS and WhatsApp messaging
• Send and receive messages through our API and dashboard
• Configure automated conversation flows and AI-powered responses
• Manage customer leads and contact information
• Set up business information and knowledge bases for automated answers
• Configure business hours and out-of-office messages
• Access analytics and conversation logs

Account Registration

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to bind the organization you represent
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Acceptable Use Policy

You agree to use our Services only for lawful purposes. You must not:

Prohibited Content

• Send spam, unsolicited messages, or bulk marketing without proper consent
• Transmit illegal, harmful, threatening, abusive, or fraudulent content
• Distribute malware, viruses, or harmful code
• Send phishing messages or engage in social engineering attacks
• Transmit content that infringes intellectual property rights
• Share pornographic, obscene, or sexually explicit material
• Promote violence, discrimination, or hate speech

Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble any part of our Services
• Use automated systems to access the Services in a manner that exceeds reasonable use
• Resell or redistribute our Services without authorization
• Impersonate another person or entity
• Circumvent any rate limits or security measures

Messaging Compliance

As a messaging platform, you must comply with all applicable messaging laws and regulations:

Consent Requirements

• Obtain proper consent before sending messages to recipients
• Maintain records of consent for audit purposes
• Honor opt-out requests promptly (within 24 hours)
• Include clear identification of your business in messages

WhatsApp Business Policy

When using WhatsApp through our Services, you must comply with Meta's WhatsApp Business Policy, including:

• Only sending messages to users who have opted in
• Respecting the 24-hour messaging window for free-form messages
• Using approved message templates for business-initiated conversations
• Not using WhatsApp for prohibited use cases (debt collection, political messaging, etc.)
• Maintaining a quality rating that meets Meta's standards

SMS Compliance (US)

For SMS messaging in the United States, you must comply with:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act requirements
• Carrier-specific requirements and 10DLC registration
• CTIA messaging guidelines

API Usage

When using our API:

• Keep your API keys confidential and secure
• Do not share API keys or embed them in client-side code
• Respect rate limits and implement exponential backoff for retries
• Monitor your usage to avoid unexpected charges
• Report any security vulnerabilities responsibly

Fees and Payment

By using our Services, you agree to pay all applicable fees:

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based charges (per message, per phone number) are billed monthly in arrears
• Phone number provisioning fees are charged at the time of purchase
• All fees are non-refundable unless otherwise stated
• We may change our pricing with 30 days' notice

Failure to pay may result in suspension or termination of your account. You are responsible for any taxes applicable to your use of the Services.

Intellectual Property

Our Intellectual Property

The Services, including all software, designs, trademarks, and content created by us, are owned by Cito. We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

Your Content

You retain ownership of all content you submit through the Services (messages, business information, leads, etc.). By using our Services, you grant us a license to process, store, and transmit your content as necessary to provide the Services.

Third-Party Services

Our Services integrate with third-party providers:

• Twilio: Underlying infrastructure for SMS and voice
• WhatsApp (Meta): WhatsApp Business API services
• AI Providers: OpenAI, Anthropic, Google for AI features

Your use of these integrated services is subject to their respective terms of service. We are not responsible for third-party service availability, performance, or policy changes.

Service Level and Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance with advance notice when possible
• Implement emergency fixes without prior notice
• Experience downtime due to third-party provider issues
• Modify or discontinue features with reasonable notice

Disclaimer of Warranties

We do not warrant that the Services will be error-free, secure, or continuously available. We do not warrant the accuracy or reliability of any AI-generated content.

Limitation of Liability

Our total liability for any claims arising from your use of the Services shall not exceed the amounts paid by you to Cito in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Cito and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your content or messages sent through the Services.

Termination

Either party may terminate this agreement:

• You may cancel your account at any time through the dashboard or by contacting support
• We may suspend or terminate your access for violation of these Terms
• We may terminate with 30 days' notice for any reason

Upon termination: (a) your access to the Services will cease; (b) phone numbers will be released; (c) we may delete your data after a reasonable retention period; (d) any outstanding fees become immediately due.

Data Processing

To the extent that we process personal data on your behalf (as a data processor), we will:

• Process data only according to your instructions and these Terms
• Implement appropriate technical and organizational security measures
• Assist you in responding to data subject requests
• Delete or return your data upon termination at your request
• Make available information necessary to demonstrate compliance

Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Services at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Cito regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.
• Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control.

Contact Us

If you have any questions about these Terms of Service, please contact us: