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End-User License Agreement (EULA)

Effective Date: 01/12/2024
Provider: Polser.io (“Polser”)

This EULA is a legal agreement between Polser and the Customer for the use of Polser’s software and services, including its WhatsApp-based platform for sales, marketing, and customer support (the “Software”). By using the Software, the Customer agrees to the terms of this EULA.

1. Grant of License

1.1 Polser grants the Customer a non-exclusive, non-transferable, and limited license to access and use the Software solely for business purposes.
1.2 This license is provided on a per-seat basis, requiring each user accessing the Software to have an individual license.
1.3 The Customer agrees not to exceed the number of licenses purchased or authorized under this agreement.

2. Customer Obligations

2.1 Compliance: The Customer must comply with all applicable laws, including data protection regulations such as the GDPR, when using the Software.
2.2 Data Responsibility: The Customer is solely responsible for obtaining and maintaining lawful consent from their users for any data processed through the Software.
2.3 Prohibited Uses: The Customer must not:

  • Use the Software for unauthorized bulk messaging or spam.
  • Reverse-engineer, modify, or attempt to extract the Software’s source code.
  • Use the Software in a way that violates third-party rights, including intellectual property and privacy rights.

3. Data Protection

3.1 Polser acts as a data processor, while the Customer acts as the data controller for all data processed via the Software.
3.2 Polser will ensure the confidentiality, integrity, and availability of the data and comply with applicable data protection laws.
3.3 Sub-Processors: By using the Software, the Customer consents to Polser’s use of sub-processors, including WhatsApp and AWS, to deliver the agreed services.

4. Support and Updates

4.1 Polser will provide support services for the Software, including updates and maintenance, as outlined in the service agreement.
4.2 Updates may include feature enhancements, bug fixes, or security improvements. Polser will inform the Customer of major changes.

5. Service-Level Agreement

5.1 Polser guarantees 99% uptime for the Software, excluding scheduled maintenance or force majeure events.
5.2 Polser will address:

  • Critical issues within 4 hours.
  • Non-critical issues within 2 business days.

6. Limitation of Liability

6.1 Cap on Liability 

Polser’s total liability arising from or related to this agreement shall not exceed:

  • The total fees paid by the Customer for the Software in the 12 months preceding the incident, or,
  • If the Customer has subscribed for less than 12 months, an amount equivalent to 12 months of the current subscription fees,
    whichever is greater.


6.2 Exclusion of Certain Damages: Polser shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill, arising from the use or inability to use the Software, even if advised of the possibility of such damages.

7. Termination

7.1 Upon expiration or termination of this agreement, Polser will:

  • Securely delete all Customer data within 30 days or upon the Customer’s request.
  • Facilitate data migration to another provider at the Customer’s request, with all associated costs covered by the Customer.

8. General Terms

8.1 Intellectual Property: Polser retains all rights, title, and interest in the Software.
8.2 Confidentiality: The Customer agrees to keep Polser’s proprietary information confidential.
8.3 Dispute Resolution: Any disputes will first be subject to mediation or arbitration before court proceedings.
8.4 Governing Law and Jurisdiction: This agreement is governed by the laws of Spain. Any disputes arising under this agreement will be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

9. Contact Information

For support or questions regarding this EULA, please contact Polser at:
Email: info@polser.io

10. Changes to the Agreement

10.1 Modifications: Polser reserves the right to modify this EULA at any time. Customers will be notified of significant changes via email or through the Software interface. Continued use of the Software after such modifications constitutes acceptance of the revised terms.

11. Marketing Communications

11.1 Consent

By using the Software, the Customer consents to:

  • Receive communications from Polser, including promotional materials, product updates, and other relevant information. Customers can opt out of such communications at any time by following the unsubscribe instructions provided in the communications.
  • Allow Polser to use the Customer’s name and logo on Polser’s website, in marketing materials, and in public customer lists to indicate that the Customer uses Polser’s Software. This usage will not involve any disclosure of the Customer’s data or sensitive information and will be limited to branding purposes only.

12. Entire Agreement

12.1 This EULA, along with Polser’s Privacy Policy and any associated Order Form(s), constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to its subject matter.
12.2 In the event of a conflict between the terms of this EULA and the terms specified in an Order Form, the terms of the Order Form shall prevail, but only with respect to the specific subject matter outlined in the Order Form.