Terms of use

1. The service

HelloDesk lets the customer set up an assistant that answers its own customers by WhatsApp, Messenger, Instagram, SMS, phone, web chat and email, follow these conversations in the web and mobile apps, and take over a conversation at any time.

The service evolves. We may change or remove a feature; we give reasonable notice of any change that significantly reduces the service.

2. A service for businesses

HelloDesk is a professional service and is not offered to consumers. The person who accepts these terms confirms that they have the authority to bind the customer.

3. Accounts

There is no public sign-up: accounts are created by Nomad Inno or by the customer's administrators. Each user keeps their credentials confidential. The customer is responsible for the activity carried out under its users' accounts and informs us without delay of any unauthorised use.

4. Prices and payment

Prices, billing period and payment terms are those of the customer's quote or order form. Usage costs (phone numbers, SMS, call minutes, WhatsApp conversations) are invoiced as agreed, or charged directly by the provider when the customer uses its own account with that provider. After a written reminder that remains unanswered, late payment may lead to the suspension of the service.

5. Connected accounts and third-party platforms

The customer connects its own accounts: Google, Meta (WhatsApp, Facebook, Instagram), Vonage or Twilio. It authorises us to access them only to provide the features it turns on, and can disconnect them at any time.

The customer complies with the terms and policies of these platforms, in particular the WhatsApp Business terms and Business Messaging Policy, the Meta Platform Terms, the Google APIs terms of service and the acceptable use policies of Vonage and Twilio. The fees charged by these platforms are payable by the customer.

We are not responsible for the availability of these platforms, nor for changes to their rules that would limit a feature of HelloDesk.

6. The customer's obligations towards its own customers

The customer informs its customers, in its own privacy notice, that their data is processed through HelloDesk.

The customer has a legal basis and, where required, the consent of the people it contacts, in particular before sending them a WhatsApp message or an SMS on its own initiative, and it respects any request to stop receiving messages.

The customer makes sure its customers know they are talking to an AI assistant. It never presents the assistant as a human being.

The customer complies with the rules that apply in its country to telephone calls and to messages sent to its customers.

The customer does not use HelloDesk to collect health data, payment card data or other sensitive data unless this is strictly necessary and lawful. HelloDesk is not a medical device, must not be used to give medical, legal or financial advice and is not an emergency service.

7. Acceptable use

It is forbidden to use HelloDesk to send unsolicited or mass messages, to spread unlawful, misleading, hateful or harassing content, to impersonate another person, to commit fraud, or to infringe the rights of others.

It is also forbidden to attempt to access the service or other customers' data without authorisation, to get around its security, to disrupt it or overload it, to copy or decompile it, or to resell it without our written agreement.

8. Replies written by AI

The assistant's replies are generated by AI from the information provided by the customer. They can be inaccurate or incomplete. The customer is responsible for the information it provides, for the settings of its assistant, including how much it may do on its own, and for checking the replies. For sensitive requests, the customer uses human takeover.

We do not guarantee the accuracy of the replies generated.

9. Customer data and data protection

The customer remains the owner of its content and data. It grants us the right to host and process them only to provide the service. We do not use them to train AI models.

For the personal data of its customers, the customer is the controller and Nomad Inno is its processor within the meaning of Article 28 of the GDPR. In that capacity we undertake to:

process the data only on the customer's documented instructions, which include the use of the service's features;

ensure that the people authorised to process the data are bound by confidentiality;

apply appropriate technical and organisational security measures, described in our privacy policy;

use only the providers listed in our privacy policy, inform the customer of any new provider and allow it to object;

help the customer respond to requests from the people concerned and carry out its impact assessments;

notify the customer of any personal data breach without undue delay;

return or delete the data at the end of the contract, in accordance with section 16;

make available the information needed to demonstrate compliance with these obligations, and allow reasonable audits.

Transfers of data outside the European Union are covered by the safeguards described in our privacy policy.

10. Intellectual property

Nomad Inno holds all rights to HelloDesk. We grant the customer a limited, non-exclusive and non-transferable right to use the service for its own business for the duration of the contract. We may freely use the suggestions the customer sends us to improve the service.

11. Confidentiality

Each party keeps confidential the non-public information it receives from the other party and uses it only to perform the contract, during the contract and for three years after it ends.

12. Availability and support

We make reasonable efforts to keep HelloDesk available and to announce maintenance in advance when possible. Unless the order form provides otherwise, no service level is guaranteed. Support is provided by email at hello-bongu@nomadinno.com.

13. Warranties

To the extent permitted by law, HelloDesk is provided "as is" and "as available", without any warranty other than those expressly stated in these terms.

14. Liability

Nomad Inno is not liable for indirect damages, such as loss of revenue, customers or data. Its total liability is limited to the amounts paid by the customer during the twelve months preceding the event that caused the damage.

These limits do not apply in cases where the law does not allow liability to be limited, in particular fraud or bodily injury caused by negligence.

15. Indemnification

The customer indemnifies Nomad Inno against any claim by a third party arising from its content, from its breach of the rules of the platforms it connects, or from a lack of information or consent of its own customers.

16. Suspension and termination

Each party may terminate the contract under the conditions of the order form. We may suspend access immediately in the event of a serious breach of these terms, a security risk or a demand from a connected platform, and we inform the customer of this.

At the end of the contract, access is closed, connected accounts are disconnected and the customer's account is archived. The customer can request an export of its data for 90 days; all of its data is then permanently deleted, except data we must keep by law.

17. Changes to these terms

We may modify these terms. Any significant change is announced by email or in the app at least 30 days before it applies. If the customer does not accept it, it may terminate the contract before that date.

18. Applicable law

These terms are governed by Maltese law. Any dispute falls under the jurisdiction of the courts of Malta, after an attempt to resolve it amicably.

19. Contact

Nomad Inno Ltd, Northlink Business Centre, Level 2, Burmarrad Road, Naxxar NXR 6345, Malta. Email: hello-bongu@nomadinno.com.