Terms of Service

These Terms of Service (“Terms”) govern access to and use of the ServeDesk platform (“ServeDesk”, the “Service”), operated by BrandLab Media(“we”, “us” or “our”). By creating an organisation, accessing or using the Service, you (“Customer”, “you”) agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you represent that you are authorised to bind that business.

If you do not agree to these Terms, do not use the Service.

ServeDesk is a multi-tenant, business-to-business (B2B) Software-as-a-Service platform that enables businesses to manage customer conversations, support cases, agents, teams, notifications and customer profiles, and to send and receive messages across connected channels including WhatsApp and Facebook Pages / Messenger. We may update, enhance or modify features of the Service from time to time.

The Service is intended for businesses and their authorised staff, and is not intended for consumers or children. The first user to register an organisation becomes its company administrator and is responsible for managing users, roles and permissions within that organisation. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree that you will not, and will not permit your users to:

• Use the Service in violation of any applicable law or regulation.
• Send unlawful, harassing, deceptive, or unsolicited/spam messages through connected channels.
• Upload or transmit malware, or attempt to gain unauthorised access to the Service or other organisations’ data.
• Infringe the intellectual property or privacy rights of others.
• Process personal information without an appropriate lawful basis and required notices to your end-customers.

You are responsible for the content and data you submit to ServeDesk and for how you use the Service with your customers.

Connecting WhatsApp, Facebook Pages or Messenger is optional and is initiated by you. When you use these integrations, you must also comply with the applicable Meta terms and policies (including the WhatsApp Business and Messenger Platform policies). We are not responsible for the availability, changes, or actions of Meta or other third-party providers, and your use of those services is governed by their respective terms.

Any fees, subscription plans, usage limits and payment terms applicable to your use of ServeDesk are as agreed between you and BrandLab Media in a separate order, plan selection or written agreement. Unless otherwise agreed, fees are non-refundable except as required by law.

ServeDesk, including its software, design and trademarks, is and remains the property of BrandLab Mediaand its licensors. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, solely for your internal business purposes. You retain all rights to the data and content you submit (“Customer Data”), and you grant us a limited licence to host and process Customer Data as necessary to provide the Service.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. You are responsible, as the controller of your end-customers’ information, for providing appropriate notices and having a lawful basis for processing that information through ServeDesk. Requests to delete data can be made as described on our Data Deletion page.

Each party may have access to the other’s confidential information. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as necessary to perform under these Terms, except where disclosure is required by law.

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or fully secure, or that messages sent through third-party channels will always be delivered.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenues or data. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or, where no fees were paid, a reasonable amount as determined by applicable law. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless BrandLab Media from and against claims, damages and reasonable costs arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of applicable law or the rights of any third party, including your end-customers or Meta.

These Terms remain in effect while you use the Service. You may stop using the Service and close your organisation at any time. We may suspend or terminate access if you materially breach these Terms, use the Service unlawfully, or create security or legal risk. Upon termination, your right to use the Service ends; data handling after termination is described in our Privacy Policy and Data Deletion page, subject to legal and business retention requirements.

We may modify the Service or these Terms from time to time. When we make material changes to these Terms, we will update the “Last Updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict-of-laws principles. The courts located in the Republic of Zambia will have jurisdiction over any dispute arising out of or relating to these Terms, subject to any mandatory consumer or local-law protections that may apply.

These Terms and the Service are operated by BrandLab Media. For questions about these Terms, contact us at privacy@brandlab-media.com.

Registered business address: [Registered business address — to be configured by BrandLab Media]