1.The agreement
These Terms of Service (the “Terms”) are a binding agreement between you and Ekvah, a company registered in Sri Lanka, operating the Esynex platform (the “Service”). By creating an account, accessing the Service, or clicking to accept, you agree to these Terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it.
Our Privacy Policy and Cookie Policy form part of this agreement.
2.Accounts and eligibility
- You must be at least 18 and able to enter a binding contract.
- Account information must be accurate and kept up to date.
- You are responsible for everything done under your account and for the security of your credentials. Tell us immediately at security@esynex.com if you suspect unauthorised access.
- You are responsible for the conduct of everyone you invite into your workspace.
3.Your content
You keep all rights to the messages, contacts, orders, media and other material you or your customers put into the Service (“Your Content”). We claim no ownership of it.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, transmit, display and process Your Content strictly as needed to operate the Service for you — including sending it to the channel providers and AI providers described in our Privacy Policy. This licence ends when you delete the content or close your account, except for backups pending routine deletion.
You confirm you have the right and, where required, the consent to send messages to the people you contact through the Service.
4.Acceptable use
You must not use the Service to:
- Send spam, or message people who have not consented or have opted out.
- Distribute unlawful, defamatory, harassing, deceptive or infringing content, or material that exploits children.
- Impersonate another person or business, or misrepresent your affiliation.
- Upload malware, or attempt to gain unauthorised access to the Service, other accounts or our infrastructure.
- Probe, scan or test the vulnerability of the Service without our prior written consent, or circumvent any rate limit, authentication or access control.
- Use the Service to build, train or benchmark a competing product, or to extract data at scale for that purpose.
- Resell or sublicense access to the Service without a written agreement with us.
5.Third-party channel rules
Esynex connects to WhatsApp, Facebook, Instagram, Telegram, TikTok, X and email providers. Your use of each channel is also governed by that provider’s own terms and messaging policies — including Meta’s WhatsApp Business Messaging Policy and Google’s API Services User Data Policy. You are responsible for complying with them. A provider may suspend or restrict your access independently of us, and we are not responsible for that decision or its consequences.
6.AI features
The Service can generate replies automatically. AI output may be inaccurate, incomplete or inappropriate for a given situation. You are responsible for what is sent from your account, including automated messages. Review your AI configuration, keep your business information current, and disable auto-reply where accuracy is critical. Esynex gives no warranty as to the correctness of AI-generated content.
7.Our intellectual property
The Service and everything in it other than Your Content is owned by Ekvah or its licensors and is protected by copyright, trademark, trade secret and other laws. This includes, without limitation:
- the source code, object code, APIs, database schemas and architecture of the platform;
- the user interface design — layouts, screen flows, navigation structure, component design, iconography, illustrations, colour system, typography choices and interaction patterns;
- all text, graphics, illustrations, animations and audiovisual material published on our website and inside the product;
- the Esynex name, logo mark and wordmark, and any other brand assets we use;
- our documentation, templates and prompt engineering.
We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your own business purposes during your subscription. Nothing in these Terms transfers ownership of anything to you. All rights not expressly granted are reserved.
8.Brand and trademark
Esynex, the Esynex logo mark, the Esynex wordmark and Ekvah are trademarks of Ekvah. You may not:
- use our names or marks in your own product, service, company or domain name;
- register or attempt to register any trademark, business name, domain or social media handle that is identical or confusingly similar to ours, in any jurisdiction;
- use our marks in a way that suggests sponsorship, endorsement or affiliation that does not exist;
- alter, recolour or recompose our logo, or use it as part of another mark.
Referring to Esynex accurately and descriptively — for example, stating that your business uses Esynex — is permitted. Any other use requires our prior written permission.
9.Restrictions on copying
Except to the extent that applicable law expressly prohibits us from restricting it, you must not, and must not permit anyone else to:
- copy, reproduce or imitate the look and feel of the Service — including recreating our page layouts, screen flows, component designs, illustrations or colour and typography system in a competing or comparable product;
- copy, modify, translate or create derivative works from any part of the Service or our website;
- reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, structure or underlying ideas;
- scrape, crawl, harvest or index the Service or our website by automated means, or use any bot, spider or extraction tool against it, except for a search engine obeying our robots directives;
- frame or mirror any part of the Service, or embed it in another site or application;
- remove, obscure or alter any copyright, trademark or other proprietary notice;
- use the Service to develop a substantially similar product, or disclose our non-public features, designs or performance characteristics to a competitor.
We take infringement seriously and will pursue available remedies, including injunctive relief, takedown requests and claims for damages. If you believe your own rights have been infringed on our platform, contact legal@esynex.com with details and we will investigate.
10.Feedback
If you send us ideas, suggestions or feature requests, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation or compensation to you. We would rather have your feedback than not, and this clause simply means we can act on it.
11.Fees and billing
- Paid plans are billed in advance for the period shown at checkout and renew automatically unless cancelled before the renewal date.
- Fees are exclusive of taxes; you are responsible for any taxes other than those on our income.
- Payments are non-refundable except where required by law or expressly stated in writing.
- We may change pricing with at least 30 days’ notice, effective from your next renewal.
- If payment fails, we may suspend access after notifying you and allowing a reasonable period to fix it.
12.Availability and support
We work to keep the Service available but do not guarantee uninterrupted operation. We may carry out maintenance, and we may change, add or remove features. If a change materially reduces core functionality, we will give reasonable notice. Support is provided at the level stated for your plan.
13.Suspension and termination
You may close your account at any time from Settings. We may suspend or terminate access if you materially breach these Terms, if your use creates legal risk or harms other users or our infrastructure, or if required by law or a channel provider. Where practical we will warn you first and give you a chance to fix the problem.
On termination, your right to use the Service ends immediately. You may export your data for 30 days after closure, after which it is deleted as described in our Privacy Policy. Sections 3, 7, 8, 9, 10 and 14 to 17 survive termination.
14.Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free, that AI output will be accurate, or that messages will always be delivered by third-party channels.
15.Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility.
Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or USD 100.
Nothing here excludes liability that cannot lawfully be excluded, including for fraud or death or personal injury caused by negligence.
16.Indemnity
You will indemnify and hold Ekvah, its officers, employees and agents harmless from claims, damages, liabilities and reasonable legal costs arising from Your Content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right — including messaging people without the consent required by law or by a channel provider.
17.Governing law
These Terms are governed by the laws of Sri Lanka, without regard to conflict of law rules. The courts of Colombo, Sri Lanka have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.
If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor in a merger or acquisition.
18.Changes to these terms
We may update these Terms. The date at the top reflects the current version. For material changes we will give at least 30 days’ notice by email or in-app notice. Continuing to use the Service after a change takes effect means you accept the updated Terms; if you do not, close your account before then.
19.Contact
Ekvah — Esynex
Colombo, Sri Lanka
Legal and IP: legal@esynex.com
Security: security@esynex.com