Terms of service

1. Who we are and what these terms cover

These terms govern the use of the Dona AI services ("Dona", "we"), provided by Dona Labs LLC, EIN 43-2201094, a limited liability company organized under the laws of the State of Delaware, United States, with its registered address at 1500 NE Miami Pl. They apply to the joindona.com website, the customer panel (Dona CRM), the mobile apps and the artificial intelligence agents we configure for your business (together, the "Service").

By purchasing or using the Service you accept these terms on behalf of the company or business you represent (the "Customer") and confirm that you are at least 18 years old and authorized to do so. If you do not agree, do not use the Service.

2. The service

Dona provides AI agents that handle the Customer's channels (WhatsApp, phone and others), answer inquiries, book appointments, take orders, record data in a CRM and hand over to a person when appropriate, plus websites, ad videos and management tools, depending on the plan.

The agents run on third-party AI models. Although we configure them with the information the Customer provides and monitor them, they can make mistakes, misunderstand a request or give incomplete information. The Customer is responsible for reviewing the configuration and the information the agent uses (prices, hours, policies) and for attending to handovers.

We may improve, change or discontinue features. If a change materially affects what you purchased, we will notify you at least 30 days in advance and you may cancel without penalty.

3. Account, access and security

The Customer is responsible for the people it gives CRM access to and for keeping passwords confidential. We recommend enabling every available security feature. If you suspect unauthorized access, tell us immediately at security@joindona.com.

We may suspend access if we detect a security risk, a use contrary to these terms or an order from a competent authority, notifying the Customer unless the law or urgency prevents it.

4. Customer obligations

Provide truthful information and keep it up to date (prices, services, hours, policies).

Have the legal basis and authorizations needed for Dona to process the data of its own customers, and inform them that they may be served by an AI assistant.

Comply with the laws that apply to your messaging and calls (for example the TCPA and the CAN-SPAM Act in the United States, and the data protection and consumer laws of your country), including prior consent for promotional messages and honoring opt-outs.

Comply with the policies of the platforms the Service uses (for example WhatsApp Business and Meta's commercial messaging policies).

Comply with Dona's Acceptable use policy.

Not resell access to the WhatsApp Business Platform or to any other Meta platform, not let third parties integrate with or use them through Dona, and not use Meta's names or trademarks except as Meta's brand guidelines allow. Conversation fees are charged by Meta to the Customer's own WhatsApp Business account, not by Dona.

Not use the Service to provide medical diagnoses, personalized legal or financial advice, or to make decisions with legal effects on people without human involvement.

5. Pricing, invoicing and payment

The Service is billed as a monthly subscription for the services purchased, in US dollars or their local-currency equivalent at the exchange rate shown when subscribing. Payments are processed by Stripe or Mercado Pago; Dona does not store your card details.

The subscription renews automatically every month until you cancel. If a payment is declined we will let you know so you can fix it; if the debt remains unpaid for more than 15 days we may suspend the Service, with prior notice, until it is settled.

We may update prices with 30 days' prior notice. Extraordinary usage (for example message volumes well above the plan) is communicated and agreed before being charged.

Amounts exclude sales tax, VAT and similar taxes, which are added where applicable. We issue invoices as required by law.

6. Cancellation and refunds

The Customer may cancel at any time from its account or by writing to legal@joindona.com. Cancellation takes effect at the end of the paid period; there are no prorated refunds unless required by law.

If you purchased as a consumer and the consumer law of your country gives you a right to withdraw (for example, 10 calendar days from purchase in Argentina under Law 24,240), we honor it: write to legal@joindona.com with the subject "Withdrawal".

When the relationship ends, the Customer may request an export of its data within the following 30 days. After that period we delete it from our active systems, and from backups as they rotate, except what we must keep by law.

7. Intellectual property

Dona owns the software, platform, trademarks and materials of the Service. We grant you a limited, non-exclusive, non-transferable license to use it during the subscription.

The Customer retains ownership of its data, texts, images and content and grants us a license to use them only as needed to provide the Service. Websites and videos produced for the Customer belong to it once paid for, without prejudice to third-party rights over included tools, fonts or assets.

We do not use conversation data from the Customer's customers to train artificial intelligence models.

8. Personal data

Personal data is processed as described in our Privacy policy and, for the data of the Customer's customers, in the Data processing agreement, both of which form part of these terms. Under that agreement Dona acts as a processor (service provider) on behalf of the Customer.

9. Availability and support

We work to keep the Service continuously available and monitor it, but we do not guarantee uninterrupted operation: it also depends on providers such as Meta, phone carriers and AI and infrastructure providers. Scheduled maintenance that affects the service is announced in advance.

Support is provided through the channels shown in your account, on business days, prioritizing incidents that leave your customers without service.

10. Disclaimer of warranties

Except as expressly stated in these terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, Dona disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Service will be error-free or that the agents' answers will be accurate or complete.

11. Limitation of liability

To the maximum extent permitted by law, Dona is not liable for lost profits, lost business opportunities, indirect, incidental, special or consequential damages, or for decisions the Customer or its customers make based on the agent's answers. Dona's total liability for any claim related to the Service is limited to the amount actually paid by the Customer in the 12 months before the event giving rise to the claim.

These limitations do not apply in cases of willful misconduct or gross negligence, or where the applicable law does not allow them, in particular regarding consumers.

12. Indemnification

The Customer will defend and hold Dona harmless from third-party claims arising from the Customer's content, its use of the Service in breach of these terms or of the law, or the messages it sends to its customers without the required consent.

13. Changes to these terms

We may modify these terms. If the change is material we will notify you by email or within the Service at least 30 days in advance. Continuing to use the Service after that date means you accept the new terms; if you disagree, you may cancel beforehand without penalty.

14. Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Before starting any legal action, the parties will try to resolve the dispute in good faith by writing to legal@joindona.com; if it is not resolved within 30 days, it will be submitted to the state and federal courts located in the State of Delaware.

If you purchased as a consumer, nothing in this section deprives you of the protection of the mandatory consumer laws of your country of residence or of the courts those laws assign.

15. Text messages (SMS)

Where Dona, or a business served by Dona, offers customer care by text message (SMS) in the United States, you can text its number to ask questions, book or change an appointment or follow up on an order, and you will receive replies from that business's AI assistant or its team. By texting the number you agree to receive those replies. The program is conversational and does not send promotional messages.

Message frequency varies with the conversation. Message and data rates may apply. Reply STOP at any time to cancel: you will receive one message confirming the opt-out and nothing more. Reply HELP for help, or write to legal@joindona.com. Mobile carriers are not liable for delayed or undelivered messages. How phone numbers and consent are handled is described in section 5 of the Privacy policy.

A Customer that uses SMS through the Service is responsible for complying with the TCPA, the CTIA messaging principles and carrier requirements, including registering the sender with the carriers (A2P 10DLC or toll-free verification) before sending, keeping the registered use consistent with what is actually sent, and honoring opt-outs. Dona enforces STOP automatically and will not send to a number that opted out.

16. Contact

Questions about these terms: legal@joindona.com.