ORACIA Terms of Use

Welcome to ORACIA, a messaging and AI assistant platform provided by E-VNTS Co. (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the ORACIA service (“Service”). By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use ORACIA.

Because ORACIA integrates with the WhatsApp Business Platform, you also agree to comply with all applicable WhatsApp terms and policies, including the WhatsApp Business Terms of Service and WhatsApp Business Messaging Policy.These WhatsApp terms (and their incorporated policies) are hereby incorporated by reference into these Terms. This means, for example, that your use of ORACIA must adhere to WhatsApp’s rules on messaging and content; violations of WhatsApp’s policies can result in loss of access to WhatsApp services. The Service is provided solely forlegitimate business use (not personal, family, or household use), consistent with WhatsApp’s requirements.

By accepting these Terms, you also represent that you have the authority to bind the business or entity on whose behalf you are using ORACIA. If you are an employee or agent of a company, you are agreeing to these Terms for that company.

Business Clients Only: ORACIA is designed for use by professional real estate businesses (such as licensed real estate agents and agencies). End-users (your real estate customers/clients) do not create accounts on ORACIA. To be eligible to use the Service, you must be a bona fide real estate professional or business entity. Individuals must be at least 18 years old (or the age of majority in your jurisdiction) and authorized to act on behalf of a real estate business.

Account Requirements: To register an account, you (the “Client”) will be required to provide certain information:

• Identity and Credentials: You must provide your real name and proof of real estate credentials. For example, individual agents in Brazil must provide a valid CRECI number, and U.S. agents must provide a valid NAR Member ID (or equivalent real estate license identification). We reserve the right to verify your provided credentials.
• Business Contact Information: You must provide a valid business phone number that is registered or eligible for WhatsApp Business service, as well as a business email address and any other information we request during signup. Your WhatsApp Business number will be used to send/receive messages through ORACIA, so it must be owned or controlled by you or your company.
• Accurate Information: All registration information you submit must be truthful, current, and complete. You agree to keep your profile and contact information up to date. Your account/business name on ORACIA must reflect your true business name and not be misleading or infringe anyone’s rights (no false identities, no impersonation of other businesses, and no use of another company’s trademarks without authorization). We may reject or require changes to any registration information that is false, deceptive, or violates any naming guidelines.
• Prior Suspensions: By signing up, you represent that neither you nor the business you represent has been previously suspended or removed from using ORACIA or any WhatsApp Business services for violations of terms or policies. If you have a history of WhatsApp Business API bans or other compliance issues, you must disclose this to us. We may decline service to anyone who has violated WhatsApp’s or Meta’s terms in the past.

Account Security: You are responsible for maintaining the confidentiality of your ORACIA account login credentials. You must not share your login information or API credentials with any unauthorized person. You agree to immediately notify us at once if you suspect any unauthorized access to or use of your account. You are responsible for all activities that occur under your account (unless caused by our breach of security). We are not liable for any loss or damage arising from your failure to secure your account.

We may, at our discretion, impose additional verification steps or eligibility requirements in the future to ensure that only qualified business clients use the Service. We also reserve the right to refuse registration or terminate accounts that do not meet the above requirements or otherwise at our reasonable discretion (subject to Section 9 below).

ORACIA is a cloud-based communication platform that integrates with the Meta WhatsApp Business Cloud API to enable real-time messaging between you (the real estate professional) and your customers via WhatsApp. The Service provides tools and features to help you manage conversations with leads and clients, including:

• Automated Messaging: ORACIA’s “Symbiotic Agent (Autopilot)” can automatically initiate or respond to WhatsApp chats with your leads based on your configured scenarios, up to a certain number of conversations per month (depending on your plan).
• AI-Powered Suggestions: ORACIA offers AI-generated suggestion sets for message replies, helping you craft effective responses during negotiations or follow-ups. These suggestions are based on context you provide and aim to improve your communication efficiency.
• Contact and Chat Management: Through ORACIA’s dashboard, you can organize your contacts, track conversation history, and escalate chats from AI automation to a human agent when needed. The platform may also provide analytics on engagement and responses.
• Integration with WhatsApp: ORACIA acts as a technical interface to WhatsApp’s Business Platform. We facilitate the sending and receiving of WhatsApp messages on your behalf, using your connected WhatsApp Business Account/number. All WhatsApp messages sent via ORACIA will appear to your customers as coming from your WhatsApp Business number identity (with your business name as registered).

No Emergency Use: You acknowledge that ORACIA and the WhatsApp messaging service it relies on are not intended for emergency communications. The Service does not provide access to emergency services (e.g., 911, 112) or emergency responders. You must not use ORACIA to contact emergency services, and you should make separate arrangements to contact such services via traditional telephony if needed. ORACIA is a messaging facilitation tool andis not a replacement for your telephone or other voice services in critical situations.

Service Availability: We will use reasonable efforts to ensure the Service is available and operational, but we do not guarantee uninterrupted or error-free operation. The Service’s performance may depend on third-party services (such as Meta/WhatsApp servers and internet providers). You acknowledge that message delivery or instant availability cannot be guaranteed; for example, messages may be delayed or fail due to factors outside our control (including recipient network issues or WhatsApp system limitations).

Third-Party Dependencies: ORACIA uses the WhatsApp Business Platform which is provided by Meta/WhatsApp. Your use of WhatsApp through our Service is subject to WhatsApp’s own terms, technical constraints, and policies. WhatsApp or Meta may impose limits or review message templates, rate limits, or other rules on the messages you send. We will assist you in complying with such requirements (for instance, template message approvals and 24-hour messaging windows as described in WhatsApp’s documentation), but ultimate compliance is your responsibility (see Section 5 below).

No Guarantee of Results: ORACIA’s AI features aim to improve your efficiency and communication effectiveness, but we cannot guarantee any particular outcome (such as a certain number of converted leads or successful deals). Any AI-generated content is provided to assist you, and you should review it for appropriateness. (See Section 5 on Acceptable Use regarding your responsibility for message content.) You acknowledge that real estate transactions and customer interactions depend on many factors outside our Service.

Updates and Changes: We may update or enhance the Service over time. This may include adding or removing features, patching security vulnerabilities, or improving AI models. We will endeavor to notify you of major changes that might affect your use. Continued use of the Service after an update constitutes acceptance of the changes. If any change requires a modification to these Terms, we will handle that as described in Section 12 (Modifications).

Free Trial: We may offer a one-time 7 or 14-day free trial of ORACIA to new clients who have been accepted via our waitlist or promotional programs. The free trial (if offered to you) will begin when your account is activated and will expire after 14 calendar days. During the trial, you will have access to the Service’s features according to a default trial plan (which may correspond to our Pro tier or have certain usage limits). We reserve the right to limit or revoke trial access for any user if we detect misuse or violation of these Terms. At the end of the trial period, your access to the Service will end unless you choose to subscribe to a paid plan. We may, but are not obligated to, notify you before the trial ends. If you subscribe to a plan before the trial ends, your paid subscription will commence immediately upon the trial’s end (unless you choose to start earlier).

Subscription Plans: ORACIA is offered as a subscription service with tiered plans. You must select one of the available plans for each active user (agent) account. Each plan is priced per agent, per month, and includes a defined allotment of AI-assisted interactions. The current plans are as follows:

• Pro Suite (Basic): Price: $69 per agent per month. Includes: 100 Symbiotic Agent (Autopilot) negotiations and 200 AI suggestion sets per month. Overage Rates: If you exceed these limits, additional negotiations are charged at $0.45 each, and additional suggestion sets at $0.15 each. (This plan’s included features would cost approximately $78 if purchased separately, reflecting roughly a 12% bundle discount.)
• Elite Suite (Professional): Price:  $119 per agent per month. Includes: 250 Symbiotic Agent (Autopilot) conversations and 500 AI suggestion sets per month. Overage Rates: $0.30 per extra Autopilot negotiation, and $0.10 per extra suggestion set beyond the included amounts. (Approximate standalone value $138; ~14% savings in this tier.)
• Performance Suite (Enterprise): Price: $159 per agent per month.  Includes: 400 Symbiotic Agent (Autopilot) conversations and 1,000 AI suggestion sets per month. Overage Rates: $0.25 per additional negotiation and $0.08 per additional suggestion set over the included quotas. (Approximate standalone value $183; ~18% savings.)

All prices are in U.S. Dollars (USD) unless otherwise indicated. Subscription fees are billed per agent seat. If you are an agency with multiple agents using ORACIA, each agent will typically need their own subscription (we may offer enterprise or volume pricing separately via a custom agreement).

Billing and Payment: Subscription fees for the selected plan are due monthly in advance. When you sign up for a paid plan (or when your trial ends and you continue with a subscription), you must provide a valid payment method (such as a credit card) to cover the subscription charges. By subscribing, you authorize us to charge the monthly subscription fee to your provided payment method at the start of each billing cycle. Overage charges (for usage beyond the included allotment in your plan) may be billed in arrears, typically at the end of the monthly cycle or at the time the overage occurs, at our discretion. We will either charge your payment method on file for overages or include those fees on the next invoice/billing statement.

If any payment is not received by the due date (e.g., your credit card is declined or your invoice is unpaid past its due date), we reserve the right to suspend your account or downgrade your Service until payment is made. You will be responsible for any costs of collection (including reasonable attorneys’ fees) for overdue amounts.

Taxes: Our fees do not include any applicable taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes or duties applicable to your subscription (excluding taxes on our income). We will charge tax if we are required to do so, and you agree to pay such taxes or provide satisfactory evidence of tax-exempt status.

Subscription Term and Renewal: Your subscription will start on the date of purchase (or end of trial) and continue on a month-to-month basis (unless a longer term is agreed separately) until canceled. Subscriptions automatically renew at the end of each billing period for a new period of the same length, unless you cancel before the renewal date. We will charge the then-current subscription fee to your payment method on each renewal.

Plan Changes:  You may upgrade or downgrade your plan (if we support such changes) by contacting us or using the account settings. If you upgrade, the new plan pricing will apply immediately and may be pro-rated for the remaining period. If you downgrade, the change will usually take effect from the next billing cycle (current period charges will not be reduced). Be aware that downgrading might reduce features or limits available to you.

Refunds:  As a general policy,  fees are non-refundable. This means if you cancel in the middle of a month, we do not issue pro-rated refunds for the unused portion of the month. In certain cases (e.g., where required by law or a specific guarantee), we may provide refunds or credits at our sole discretion.

Pricing Changes: We reserve the right to change the prices of our plans or introduce new fees in the future. If we do so, we will provide you with at least 30 days’ notice via email or in-dashboard notification. Price changes will take effect at the start of the next subscription term following the notice period. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect. Continuing to use the Service after the effective date of a pricing change constitutes your acceptance of the new prices.

You agree to use ORACIA in compliance with all applicable laws and regulations, and in accordance with both these Terms and WhatsApp’s policies. You are solely responsible for all content and communications you send using ORACIA. This section describes important rules you must follow when using the Service. These rules are to ensure compliance with WhatsApp’s Business Messaging Policy and other Meta/WhatsApp requirements, as well as to maintain a high-quality experience for all users. If you violate this Acceptable Use Policy, we may suspend or terminate your account (as detailed in Section 9), and WhatsApp or Meta may also take enforcement action (including revoking your WhatsApp Business access).

In particular, you agree thatyou will NOT use ORACIA (or the WhatsApp Business services accessed through ORACIA) to:

• Contact Users Without Proper Consent: You may only send WhatsApp messages to people who have given you their phone number and valid permission to be contacted via WhatsApp. In other words, you must obtain each customer’s opt-in consent before messaging them using ORACIA. The opt-in should be obtained through a clear, legal method (for example, a checkbox on your website or a written request where the person agrees to receive WhatsApp messages from you). You are solely responsible for ensuring your opt-in process complies with applicable laws (such as data protection and anti-spam laws) and WhatsApp’s guidelines. Using ORACIA to send unsolicited bulk messages, marketing to purchased contact lists, or any form of spam is strictly prohibited.You must also comply with any user’s request not to receive further messages – if an individual withdraws consent, opts out, or sends a “stop” request, you must promptly stop messaging that person via ORACIA/WhatsApp. Do not attempt to re-engage or circumvent blocks by using different numbers or devices.
• Impersonate or Misrepresent: You must not impersonate any person or organization, or otherwise mislead recipients about your identity or the nature of your business. All profiles, display names, and messages should accurately represent your real estate business. Do not use ORACIA to pose as another company, another agent, or a WhatsApp representative. You also may not falsely imply any partnership or affiliation that does not exist. WhatsApp policy explicitly forbids pretending to be someone else’s business or speaking in another entity’s voice without permission. Any attempt to deceive or confuse users about who is messaging them is a violation of these Terms and WhatsApp’s rules.
• Engage in Illegal, Harmful, or Abusive Activities:You may not use the Service to conduct or facilitate any activities that are illegal, fraudulent, or harmful. This includes, but is not limited to, using ORACIA to plan or execute any criminal activity or to promote violence, exploitation, or harm. If you or your organization are involved in terrorism, organized crime, or are on any government sanctions list, you are strictly prohibited from using ORACIA. Similarly, you must not use ORACIA to harass, threaten, or bully anyone, nor to encourage self-harm or the harm of others. No stalking, no hate speech, no calls for violence. Content that exploits or endangers vulnerable individuals (including minors) is absolutely forbidden. We have zero tolerance for using our platform in any way that could inflict physical or mental harm on people or animals.
• Promote or Trade in Illegal or Regulated Goods: ORACIA must not be used to sell or facilitate transactions involving illegal products or services.In addition, WhatsApp policy prohibits using the Business platform for certain regulated or restricted goods. You may NOT use ORACIA to promote, offer, or traffic in items such as: firearms or weapons; ammunition or explosives; illegal drugs or controlled substances (including the sale of prescription medication without a license); alcohol or tobacco products (except in jurisdictions and contexts where permitted by law and WhatsApp, and never to minors); hazardous materials or substances; wildlife products or any animal species (or parts) that are endangered or whose trade is regulated; human organs or body parts; fake or counterfeit currency or cryptocurrency schemes; or any other goods/services that are illegal or highly regulated without proper authorization. Even if you hold a license (for example, a liquor license), you must still ensure compliance with all laws and WhatsApp’s policies before using ORACIA to communicate about regulated products. If you are unsure whether a particular product or service is allowed, you should refrain from using ORACIA for that content or consult us/WhatsApp’s policies for guidance. (WhatsApp provides further guidance and limited exceptions for some regulated verticals in certain countries, but you must obtain our prior approval and strictly follow all requirements in those cases.)
• Send Prohibited or Inappropriate Content:You are responsible for the content of your messages and must ensure it meets acceptable standards. Do not use ORACIA to send content that is defamatory, obscene, pornographic, excessively violent, harassing, or otherwise objectionable. This includes any material that contains nudity, sexually explicit messages, or graphic violence that would be considered offensive in a business context. You also must not send content that is hateful or discriminatory – any messages that insult, threaten, or demean individuals or groups based on race, ethnicity, color, national origin, religion, sex, gender identity, sexual orientation, disability, or any other protected characteristic are strictly forbidden. Further, you may not use the Service to disseminate fraudulent offers, phishing scams, or malicious content (such as malware links). No messages should be sent that are intended to deceive users into providing sensitive information under false pretenses (for example, impersonating a bank to steal login credentials is absolutely banned). WhatsApp’s policy prohibits content that is misleading, false, or exploitative, so ensure all information you share is truthful and from verified sources.
• Facilitate Gambling, Adult Services, or Other Restricted Industries:Unless explicitly allowed by WhatsApp in certain regions with prior approval, you may not use ORACIA to promote real-money gambling or gaming, including online casinos, sports betting, lotteries, or games of chance for money. Similarly, using the Service to advertise or facilitate adult-oriented services (such as escort services, pornography, or sexually explicit chat) is prohibited. Dating services, or any content geared towards finding romantic partners, are also disallowed on the platform. Additionally, multi-level marketing (MLM) schemes, payday loans, paycheck advances, debt collection services, or bail bond services must not be promoted via ORACIA. These categories are considered high-risk or sensitive by WhatsApp and Meta, and thus are not permitted on our Service.
• Spam or Excessive Messaging:You should not send the same message indiscriminately to a large number of recipients (especially if those recipients are unrelated leads or have not recently interacted with you). WhatsApp imposes rate limits and quality ratings on Business accounts to prevent spam. Using ORACIA to circumvent those limits or send bulk unsolicited messages is a violation of these Terms. All marketing or promotional messages must follow WhatsApp’s template messaging rules and only be sent to users who have opted in. If we detect patterns of spamming (such as high message volumes with low response rates, or multiple user complaints), we may suspend your messaging capabilities to protect overall service quality.
• Violation of WhatsApp Messaging Rules:You agree to abide by WhatsApp’s specific messaging rules as they may evolve. For example, WhatsApp requires that business-initiated conversations outside a 24-hour user-response window use pre-approved templates. You must use ORACIA’s template messaging features for any outbound messages that fall outside the allowed customer service window. All template messages must be truthful in content and used for their intended, approved purpose. No sending of unapproved template messages or inappropriate use of templates – WhatsApp can ban your number for that. Additionally, if using automated messaging (through our Autopilot feature), you should still provide a clear way for the user to reach a human or opt out, in line with WhatsApp guidelines. You must comply with WhatsApp’s rate limits, message template guidelines, and any other developer documentation relevant to the Business API. It is your responsibility to keep informed of these rules (we can help by providing resources, but you must ultimately follow the official guidelines).
• Privacy Violations or Data Abuse: Do not use ORACIA to collect or share personal data in a manner that violates privacy laws or WhatsApp policies.or example, you should not ask users to provide highly sensitive personal information (financial account numbers, credit card numbers, national ID numbers, health information, passwords, etc.) over WhatsApp, unless it’s absolutely necessary and you have proper security measures and consent in place. Even then, note that WhatsApp Business API is not intended for transmitting certain sensitive data (for instance, WhatsApp prohibits telemedicine use in jurisdictions that require special handling of health data). You may not forward or share a person’s chat content with another customer or third party without the person’s consent. In short, respect your customers’ privacy: do not exploit any personal information gained through communications for purposes outside of serving that customer. (See Section 6 on data use for more details.)
• Reselling or Unauthorized Access: Your ORACIA account is for your use or your company’s internal use only. You may not resell, rent, or license the ORACIA Service to others. For example, you cannot use your access to ORACIA to operate a messaging service on behalf of third-party businesses without our permission. WhatsApp strictly prohibits unapproved resellers or “re-packaging” of the WhatsApp Business solution by users. You also must not provide your ORACIA API keys, WhatsApp Business Account access, or other credentials to any unauthorized third party. If you need to engage a third-party service provider or developer to help with your use of ORACIA, please contact us – we may allow it under certain conditions, but you remain responsible for any third-party actions taken under your account (and they must also comply with these Terms).
• Reverse Engineering or Abuse of the Service:You shall not attempt to reverse engineer, decompile, or hack our software or the WhatsApp API. Do not attempt to circumvent any security measures or quotas that we or WhatsApp have put in place. Additionally, you may not use ORACIA in a manner that could impair, overburden, or damage our systems or the WhatsApp network (e.g., no launching of automated scripts to send excessive messages or scraping data from the Service).

This list of prohibited uses is not exhaustive. Any use of ORACIA that is contrary to the letter or spirit of these Terms or WhatsApp’s policies may result in enforcement action. We reserve the right to determine, in our discretion, whether any conduct or content violates this Section 5. We may consult WhatsApp’s own determinations and guidance when making such decisions.

Compliance Monitoring:  You understand that we (and/or WhatsApp/Meta) may monitor your usage of the Service for compliance purposes. This may include automated monitoring by WhatsApp of the content of template messages or metadata (WhatsApp employs systems to detect spam and policy violations). We may also review logs or specific message content if needed to investigate a violation. All monitoring will be conducted in accordance with our Privacy Policy and applicable law, but be advised that your use of ORACIA is not completely private – it is subject to oversight to ensure safety and compliance.

If we detect (or are alerted to) content or behavior that violates this Acceptable Use Policy, we may take action as described in Section 9 (Termination). This could includ temporarily suspending your ability to send messages through platform, or, in serious cases, terminating your account. We will make good faith efforts to inform you of minor issues and work with you to correct them, but we are not required to provide notice or an opportunity to cure before taking action if the violation is severe or continuing, or if we are required by WhatsApp/Meta to act immediately.

Finally, please note: WhatsApp and Meta reserve the right to enforce their policies directly. If your content or use of the WhatsApp Business platform via ORACIA violates their rules, WhatsApp may intervene (for instance, they might block certain messages, flag your account, or in extreme cases, ban your WhatsApp Business Account). These actions can be taken by WhatsApp without our control. We will not be responsible for any losses you incur due to WhatsApp’s enforcement actions. Our goal is to help you avoid such situations by ensuring compliance upfront.

Your Privacy Policy and Consent to Communicate: As a business user of ORACIA, you are expected to maintain your own privacy policy that discloses to your customers how you collect and use their data, including the fact that you may communicate with them via WhatsApp and possibly use AI tools to augment those communications. WhatsApp’s policies require that you secure all necessary notices and consents from individuals before messaging them. By using ORACIA, you represent and warrant that you have obtained all necessary permissions from your contacts to send them messages through WhatsApp (including any required opt-ins as noted in Section 5) and to share their personal data with us (as your service provider) for the purpose of providing the Service. You are responsible for complying with all applicable privacy and data protection laws (such as LGPD, CCPA, etc., as applicable) with respect to the data you collect from individuals and process via ORACIA.

ORACIA’s Privacy Policy: Our own Privacy Policy explains in detail how we collect, use, store, and protect data within our Service. By using ORACIA, you also agree to the terms of our Privacy Policy. In summary, we primarily use your data and the data of your end-users (e.g., chat content, contact information) to provide and improve the Service. We do not sell personal data or share it with third parties for their independent marketing purposes. We act as a “processor” or “service provider” for the personal data of your customers that you process through ORACIA, meaning we handle that data on your behalf and according to your instructions (as long as those instructions are consistent with these Terms, WhatsApp policies, and applicable law). We will implement appropriate technical and organizational measures to safeguard personal data against unauthorized access or disclosure.

Use of Message Content:  We understand that the content of your communications with customers may be sensitive and confidential. ORACIA will not use the content of your WhatsApp messages for any purpose other than delivering the Service to you, troubleshooting issues, and improving our algorithms in a manner consistent with WhatsApp’s terms. Specifically, we will not data mine your message content to build profiles on your customers, or to target advertising to them, or to train generalized AI models that are offered to other parties. Any analysis of message data we perform is either (a) automated and for the purpose of providing you features (for example, our AI reading the conversation to suggest a reply), or (b) aggregated/anonymized across users to improve service. WhatsApp’s rules restrict the use of “Business Solution Data” (which includes message content and metadata): you and we are prohibited from using WhatsApp-sourced data to profile individual WhatsApp users, or sharing that data with third parties except as needed for the Service, or using it to train AI models that are not solely for your benefit. We take these restrictions seriously. By using ORACIA, you instruct us to process your data (including your customers’ messages) only for the following limited purposes: conveying messages via WhatsApp, storing conversation history for your access, analyzing content to provide AI suggestions or automated responses, monitoring for compliance/security, and other purposes outlined in our Privacy Policy or documentation. We will not use the data for any other purposes without your consent. In return, you agree that you likewise will not misuse data obtained through ORACIA.

Data Security:  We employ industry-standard security measures to protect the data stored on our platform. This includes encryption in transit (WhatsApp messages sent through ORACIA use WhatsApp’s end-to-end encryption for delivery to the user’s device, and our connection to WhatsApp’s Cloud API is encrypted) and encryption at rest for stored data on our servers. We also restrict access to personal data to authorized personnel with a legitimate need to support the Service. However, no system is 100% secure. You acknowledge that there is some inherent risk in transmitting information via internet and cloud services, and we cannot guarantee absolute security. In the event of any data breach or security incident affecting your or your customers’ personal data, we will notify you as required by law and cooperate with you to address the issue.

Data Retention:  By default, ORACIA will retain your account data and conversation for a period of time, to provide you the ability to review past chats and use our features. We may implement retention limits on certain data (for example, logs) in accordance with WhatsApp’s requirements or our internal policies. If you terminate your use of ORACIA, we will delete or anonymize personal data associated with your account within a reasonable period, except for any data we are required to retain by law or for legitimate business purposes (e.g., billing records, compliance records). We may also retain backups for a limited time to ensure continuity and integrity of our services; however, any retained data remains subject to these Terms and our Privacy Policy.

Requests from WhatsApp/Meta:  You acknowledge that Meta and WhatsApp, as operators of the messaging platform, may from time to time request information from us about your use of the Service to ensure compliance (for example, they might audit what types of messages are being sent). We may share basic information about your account with Meta/WhatsApp if required under our agreement with them or pursuant to their policies (such as providing your Business Account ID, your template message content for approval, etc.). We will handle any user data requests by WhatsApp in line with our data protection obligations. Additionally, if we receive a lawful subpoena, court order, or other legal demand for data (whether from government authorities or litigants), we will attempt to notify you unless legally prohibited, and we will only disclose the minimum amount of data required by law.

In summary, we respect the privacy of you and your customers, and we expect you to do the same when using ORACIA. If you have any questions about data handling or need a data processing addendum (DPA) for compliance purposes, please contact us.

Our Intellectual Property: ORACIA (including all software, code, algorithms, user interfaces, logos, trademarks, website content, and documentation) is owned by E-VNTS Co. and its licensors. All rights, title, and interest in and to the Service, and any improvements or derivative works thereof, remain with us. These Terms do not grant you any ownership of our intellectual property. We only grant you a limited, revocable, non-exclusive, non-transferable license to use the Service during your subscription term, solely in accordance with these Terms and for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Service or included software. You also may not reverse engineer or attempt to extract source code from our software, except to the extent that such restriction is prohibited by law. Any feedback or suggestions you provide regarding ORACIA can be used by us without obligation or compensation to you, and you hereby license any such feedback to us worldwide and royalty-free.

Your Content and Data: You retain all rights to the content and data you (and your end-users) provide or create using ORACIA. For example, your account profile information, the text of messages you send to customers, and any media (images, etc.) you upload to send via WhatsApp remain your property (or the property of your licensors). By using ORACIA and uploading or inputting content, you grant us a limited license to process, transmit, and store that content as needed to provide the Service (as described in Section 6). We do not claim any ownership over your business’s trademarks, logos, or the content of your messages. However, you represent and warrant that you have all necessary rights from third parties (such as your customers or any co-workers) to use and submit the content that you send through ORACIA, and to grant us the foregoing license for Service provision. We will not use your content except as permitted in these Terms, our Privacy Policy, or with your further consent.

Third-Party IP  You must not use ORACIA to infringe the intellectual property rights of others. This means you should not upload or send via our Service any content that you do not have permission to use. If you use third-party materials (such as text, images, or software) within ORACIA, you must ensure you have obtained appropriate licenses. We may remove or disable access to any content that allegedly infringes another’s IP rights and may suspend repeat infringers’ accounts. If you believe content on ORACIA infringes your copyright or other rights, please notify us through our designated copyright agent or contact channel with details, and we will respond in accordance with applicable IP laws (such as the DMCA in the U.S.).

Trademarks:  “ORACIA,” the ORACIA logo, and any other product or service names or slogans we provide are trademarks of E-VNTS Co. or its affiliates. You may not use these marks without our prior written permission. Likewise, we acknowledge that you may have trademarks and trade names; nothing in these Terms grants either party rights to the other’s trademarks, except that we may use your business name and logo to identify you as a customer of ORACIA (for example, on our website or marketing materials), unless you request otherwise in writing.

Serviço Fornecido “Como Está”: A ORACIA é fornecida “como está” e “conforme disponível”. Até o limite permitido por lei, rejeitamos todas as garantias expressas, implícitas ou estatutárias, incluindo garantias de comercialização, adequação a um propósito específico, titularidade, não infração ou precisão. O uso do Serviço é por sua conta e risco. Não garantimos que a ORACIA atenderá a todos os requisitos, nem que será isenta de erros, segura ou ininterrupta. Embora nos esforcemos para corrigir problemas rapidamente e manter alta disponibilidade, não podemos garantir que todo problema será corrigido ou que o acesso será contínuo.

Sem Garantia de Resultados: Não garantimos aumento de vendas, conversões ou êxito em negociações. Sugestões de IA são ferramentas auxiliares e devem ser revisadas por você quanto à adequação. Qualquer decisão é de sua responsabilidade.

WhatsApp e Serviços de Terceiros: A ORACIA depende de plataformas e serviços de terceiros, especialmente da infraestrutura do WhatsApp/Meta. Não controlamos e não somos responsáveis por indisponibilidades, limitações ou mudanças impostas pelo WhatsApp ou outros terceiros. Não garantimos disponibilidade ou funcionamento da rede/API do WhatsApp. Se o WhatsApp restringir sua conta por razões externas (ex: denúncias de spam, regras automatizadas), não seremos responsáveis por tais consequências.

Funcionalidades Beta: Qualquer funcionalidade beta é fornecida “como está”, podendo ser instável, sujeita a mudanças ou descontinuidade, sem garantias de qualquer espécie.

Sem Outras Garantias: Nenhuma informação ou orientação fornecida por nós, oralmente ou por escrito, criará garantia não expressamente prevista nestes Termos.

Em algumas jurisdições, as limitações acima podem não se aplicar integralmente. Nestes casos, a garantia será limitada ao mínimo permitido pela legislação aplicável.

By You (Cancellation):You have the right to stop using ORACIA at any time. You may cancel your subscription via the account settings or by contacting our support. If you cancel, the cancellation will take effect at the end of your current paid term (unless we agree to an earlier termination). You will not be charged for any renewal after the effective cancellation date. However, we do not offer refunds for any remaining days in a billing cycle after you cancel – you will retain access until the period runs out. If you wish to delete your account and all associated data immediately, you can request that as well (though you will lose access to the Service immediately upon deletion). Termination of service by you does not relieve you of any obligation to pay any accrued fees or charges (for example, if there are outstanding overage fees at the time of cancellation, you remain responsible for those).

By Us (Suspension or Termination for Cause): We may suspend or terminate your access to ORACIA, in whole or in part, for cause if: (a) you materially or repeatedly violate any provision of these Terms (including the Acceptable Use Policy in Section 5 or any payment obligations in Section 4); (b) your use of the Service seriously compromises security or functionality for others, or could subject us or others to liability; or (c) we are required to do so to comply with a law, regulation, or request of a government or regulatory body. In many cases, we will attempt to notify you in advance (e.g., via email or in-dashboard alert) of the issue and give you a reasonable opportunity to cure the violation (if it is something that can be cured) before suspension/termination. However, we reserve the right to suspend or terminate immediately without prior notice if we determine that: (i) your breach cannot be cured or is incorrigible, (ii) delay in suspension would cause harm to us, WhatsApp’s platform, or end-users, or (iii) the violation involves illegal content/activity or has been repeated despite our prior warnings.

During a suspension for cause, you will not be able to send or receive messages through ORACIA or use some or all of the Service’s features. We will inform you of what actions you need to take (if any) to be reinstated. If you do not address the issue or if the cause of suspension is severe, we may terminate your account permanently. Termination for cause means your account is closed, your license to use ORACIA is revoked, and your data may be deleted (subject to our retention policy in Section 6).

By Us (Termination for Convenience): Although our aim is to provide a long-term service, we reserve the right to terminate the Service or your account for any reason with thirty (30) days’ notice. For example, we may decide to discontinue ORACIA as a product or cease operations. In such a case, we will notify you at least 30 days in advance and will refund any prepaid fees covering the period after termination. We will also provide you the ability to export your data (e.g., chat history) if feasible.

Meta/WhatsApp Mandated Actions: You acknowledge that your ability to use ORACIA depends on our status as a WhatsApp Business Solution provider or technology partner. If Meta or WhatsApp informs us that your WhatsApp Business account or use of their platform violates their terms or poses a risk, we may be required to suspend or terminate your access immediately. WhatsApp (or Meta) can, at its discretion, prohibit your usage of the WhatsApp Business Solution at any time; if we receive such notice, we will comply and cut off your access. In some cases, WhatsApp might directly deactivate your WhatsApp Business number or account, which will effectively render our Service unusable for you. Unfortunately, we have no control over such actions, and you agree that we are not liable for any losses that result from WhatsApp or Meta’s decisions in this regard. We will attempt to notify you if WhatsApp/Meta instructs us to suspend or terminate your service, but we might be required to act quickly or without detailed explanation. By using ORACIA, you accept that compliance with Meta/WhatsApp policies is a condition of continuing service.

Effect of Termination: Upon termination of your account (whether by you or us), you must immediately cease using ORACIA. Any licenses or rights granted to you under these Terms will end. We will disable your accounts and you will lose access to any data or content stored on the Service, except as otherwise provided below. We strongly encourage you to export or download any important data (such as chat transcripts or contact info) before terminating, if possible. After termination, we will generally delete your content and data in accordance with our data retention practices (see Section 6). However, termination does not relieve you of any obligation to pay any outstanding fees or charges accrued up to the date of termination. If your account is terminated due to a breach of these Terms or wrongdoing on your part, you will not be entitled to any refunds for subscriptions or unused services. In fact, if your breach caused harm or costs to us (for example, fines or damages because you sent illegal messages), you agree to compensate us for those losses (see Indemnification below).

Additionally, upon termination, Sections of these Terms that by their nature should survive will survive (this includes provisions on fees owed, disclaimers, limitations of liability, indemnity, governing law, and others intended to survive).

Reactivation: If your account was suspended or terminated and you believe the issue has been resolved or that we made an error, you can contact us to request reconsideration. We may, in our discretion, reactivate a suspended account if the underlying cause is cured and we have assurances of future compliance. However, we are not obligated to reinstate accounts terminated for serious violations.

To the fullest extent permitted by applicable law, in no event will E-VNTS Co., ORACIA, or our affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenues, goodwill, business opportunity, or data, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action, whether in contract, warranty, negligence, strict liability, or any other theory of liability.

In particular, we will not be liable for: (a) your inability to use the Service (whether due to suspension, termination, technical issues, or changes in WhatsApp’s systems), (b) any changes to or inaccuracies in AI-generated content or suggestions, (c) unauthorized access to or alteration of your transmissions or data (except to the extent caused by our breach of security obligations), (d) third-party conduct or content (including the actions of WhatsApp, Meta, or your customers), or (e) any matter beyond our reasonable control (such as internet outages, third-party downtime, or force majeure events).

Our total cumulative liability to you arising out of or related to these Terms or the Service shall not exceed the amount actually paid by you to us in the three (3) months immediately preceding the event giving rise to liability (or, if greater, $100 USD). If no fees have been paid (for example, during a free trial), our liability is limited to $100. This limitation of liability is cumulative and not per-incident; the existence of multiple claims will not enlarge the cap.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If you are in such a jurisdiction, some of the above limitations may not apply to you to the extent disallowed by law. In those cases, our liability will be limited to the maximum extent permitted by law.

Release:You agree that Meta Platforms, Inc., WhatsApp LLC, and their affiliates (collectively, “Meta/WhatsApp”) shall have no liability or responsibility whatsoever to you arising from your use of ORACIA or the WhatsApp Business services via our platform. You release and hold harmless Meta/WhatsApp from any claims, damages, or losses arising out of or in any way connected to your use of ORACIA. Meta/WhatsApp are considered third-party beneficiaries of the disclaimers and limitations in these Terms. This means, to the extent permitted by law, Meta/WhatsApp can enforce these provisions directly against you to shield themselves from liability related to your actions on their platform using our Service.

You agree to indemnify, defend, and hold harmless E-VNTS Co., its affiliates, and their respective directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to any third-party claims or government investigations due to:

• Your misuse of ORACIA or violation of these Terms: This includes any content you send through the Service or any activity under your account that breaches Section 5 (Acceptable Use) or any other provision. For example, if you send messages that violate privacy laws and a regulator imposes a fine, or if you send prohibited content and a third party sues us or Meta, you agree to cover all resulting costs and damages.
• Your violation of any law or regulation: If your use of the Service (or the use by anyone using your account) infringes any laws (such as anti-spam laws, telemarketing regulations, intellectual property laws, etc.), and that results in a claim against us, you will indemnify us for the consequences.
• Your infringement of third-party rights: If the content you send or upload via ORACIA violates someone else’s rights (for example, you didn’t have permission to use a photo, or you defamed someone), and that party brings a claim against us or Meta, you will cover the defense and any damages.
• Your interactions with your customers: ORACIA acts as a conduit for communications between you and people you message. We are not involved in your actual real estate transactions or agreements. If a customer or lead brings a claim against us alleging we are responsible for something you did or promised (e.g., a dispute about a property listing, or a claim that they did not consent to messages), you will indemnify us for all related losses.

We reserve the right to assume the defense of any matter for which we are indemnified, at your expense. In such case, you agree to cooperate with our defense of that claim and you will not settle any such claim without our prior written consent (which will not be unreasonably withheld). We will use reasonable efforts to notify you of any claim or demand that we receive which falls under this indemnification clause, but any failure to notify promptly will not relieve you of your obligations except to the extent that the delay prejudices your ability to defend the claim.

This indemnity obligation shall survive the termination or expiration of these Terms and your use of ORACIA.

We may revise or update these Terms from time to time. If we make material changes, we will provide you with reasonable notice, such as by sending an email to the address associated with your account or by posting a prominent notice within the Service. The notice will designate a reasonable advance effective date for the new terms. If you do not agree to the revised Terms, you must stop using ORACIA before the changes come into effect and, if applicable, cancel your subscription. Your continued use of the Service after the effective date of the updated Terms will constitute your acceptance of the changes. For non-material updates (such as clarifications or grammatical fixes that do not affect your rights or obligations), we may not provide advance notice, and the updated Terms will be effective immediately upon posting.

Please check these Terms periodically for updates. We will change the “Last Updated” date at the top when we modify the Terms.

If we update the Terms at the request of Meta or WhatsApp (for example, to incorporate new policy requirements for tech providers), we may not have much leeway in negotiating those changes. We will still endeavor to inform you and explain any impact on your usage.

Governing Law: These Terms, and any disputes arising out of or relating to these Terms or the Service, will be governed by and construed in accordance with the laws of the [State of X] (and, to the extent not inconsistent, the federal laws of [Country Y]), without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Jurisdiction and Venue: Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Specified County/State], and the parties hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objections to jurisdiction or venue in such courts, including any defense of forum non conveniens, provided that if you are a small business or individual consumer entitled to protections under mandatory law in your country of residence, this clause shall not deprive you of the protections of such mandatory law (you may have the right to bring claims in your local courts under certain consumer protection statutes).

Relationship of Parties: You and we are independent contractors. Nothing in these Terms shall be construed to create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between us. You do not have any authority to make any commitments or representations on our behalf, and vice versa.

Third-Party Beneficiaries: Except as expressly stated in these Terms, there are no third-party beneficiaries. However, Meta and WhatsApp (and their affiliates) are expressly intended third-party beneficiaries of any provisions in these Terms that reference or benefit them, such as the compliance commitments in Section 5 and the liability releases and indemnities in Sections 10 and 11. This means Meta/WhatsApp can enforce those provisions directly. Aside from Meta/WhatsApp, the rights and obligations under these Terms are binding only on the parties to this agreement (you and us).

Assignment: You may not assign or transfer these Terms, or any rights or obligations herein, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provision will be null and void. We may assign these Terms or delegate our obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Service, and we will provide you notice in such case.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or if that is not possible, deemed severed. The remaining provisions of these Terms will continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. A waiver of any term will be effective only if in writing and signed by an authorized representative of the waiving party.

Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy, and any Order Form or subscription plan details agreed to at sign-up) constitute the entire agreement between you and E-VNTS Co. regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. In case of a conflict between these Terms and any other document, these Terms will control unless the other document is a written amendment or addendum signed by both parties (or a document from us that expressly overrides these Terms on a specific matter).

Contact Information: If you have any questions or concerns about these Terms or the Service, you may contact us at legal@oracia.co. We value our clients and will make an effort to respond and address your concerns promptly.

By using ORACIA, you affirm that you have read these Terms of Use, understood them, and agree to be bound by them. Thank you for choosing ORACIA to enhance your real estate communications! We appreciate your trust and are committed to providing you with a compliant, effective messaging solution.