Terms of Service

These Terms of Service ("Terms") govern your access to and use of Dealup's website (dealup.ma), platform, mobile applications and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

Dealup S.A.R.L. ("Dealup", "we", "us" or "our") is a company registered under the laws of the Kingdom of Morocco, with its registered office in Casablanca.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must not access or use our Services.

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Be located in a jurisdiction where our Services are available

By using the Services, you represent and warrant that you meet these eligibility requirements.

To access certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that provide false or misleading information, or that violate these Terms.

Dealup provides a WhatsApp-commerce platform that enables businesses to:

• Send marketing campaigns and broadcasts via WhatsApp
• Automate customer conversations using AI-powered chatbots
• Manage shared team inboxes for WhatsApp conversations
• Create and manage WhatsApp contact lists and segments
• Run click-to-WhatsApp advertising campaigns through Meta platforms
• Track analytics and performance metrics for WhatsApp communications
• Manage WhatsApp Business API integrations

Features and functionality may vary depending on your subscription plan and may change at our discretion with reasonable notice.

Our Services are offered through various subscription plans. By subscribing to a paid plan, you agree to the following:

• Fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle.
• All payments are processed in Moroccan Dirhams (MAD) or US Dollars (USD) as displayed at checkout.
• Accepted payment methods include Visa, Mastercard and other methods displayed at checkout.
• Subscriptions automatically renew at the end of each billing cycle unless cancelled.
• We reserve the right to modify pricing with at least 30 days' prior notice.
• Late payments may result in suspension of your access to the Services.

A free tier is available with limited features. A 14-day free trial of premium features may be offered from time to time. No charges are incurred during the trial period.

Due to the digital nature of our Services, refunds are generally not provided. However:

• If you experience continuous technical issues that we cannot resolve, you may be eligible for a partial or full refund at our discretion.
• For unauthorized or fraudulent charges, contact us immediately for investigation and potential refund.
• Cancellations take effect at the end of the current billing period; no refund is issued for the remaining period.

To request a refund, contact us at support@dealup.ma with your transaction details and a description of the issue.

You retain ownership of any content you submit, upload or transmit through the Services ("User Content"), including messages, images, media and contact lists.

By submitting User Content, you grant Dealup a non-exclusive, worldwide, royalty-free license to use, reproduce, modify and distribute that content solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights and permissions to submit the User Content, and that it does not violate any applicable law or third-party rights.

You agree to use the Services in compliance with all applicable laws, including Moroccan law and WhatsApp's Business Policy. You must not:

• Send spam, unsolicited messages or bulk communications that violate WhatsApp's policies
• Use the Services for any illegal, fraudulent or unauthorized purpose
• Impersonate any person or entity, or falsely represent your affiliation
• Upload or transmit malware, viruses or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile or disassemble any part of the Services
• Resell, sublicense or distribute the Services without our written consent
• Use automated systems (bots, scrapers) to access the Services except through our API
• Collect or harvest personal data from other users without their consent

All intellectual property rights in the Services, including software, text, graphics, logos, trademarks and design elements, are owned by Dealup or its licensors.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

You may not copy, modify, distribute, sell or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code, except as permitted by applicable law.

Our Services integrate with third-party platforms, including WhatsApp (Meta Platforms), payment processors and analytics providers. Your use of these third-party services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy or practices of third-party services. We encourage you to review their terms before using them through our platform.

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We process personal data in accordance with Morocco's DGPD (Dahir 1-15-23) and applicable data protection regulations. For details, please review our Privacy Policy.

To the maximum extent permitted by Moroccan law, Dealup and its directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, use or goodwill, arising out of or in connection with your use of the Services.

Our total liability for any claim arising from the Services shall not exceed the amount you paid to Dealup in the twelve (12) months preceding the claim.

You agree to indemnify, defend and hold harmless Dealup and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any User Content you submit through the Services

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or any applicable law
• Non-payment of fees when due
• Abuse of the Services or harm to other users
• Requests by law enforcement or governmental authorities

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability and indemnification) shall remain in effect.

These Terms are governed by and construed in accordance with the laws of the Kingdom of Morocco. Any dispute arising from or in connection with these Terms shall be submitted to the competent courts of Casablanca, Morocco.

Before initiating any legal proceedings, you agree to first attempt to resolve the dispute through good-faith negotiation by contacting us at support@dealup.ma.

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any supplemental terms, constitute the entire agreement between you and Dealup regarding the Services and supersede all prior agreements and understandings.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

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

• Email: support@dealup.ma
• Website: dealup.ma/contact
• Address: Dealup S.A.R.L., Technopark Casablanca, Casablanca, Morocco