Qonvera — An AI-Powered Omnichannel CRM Platform Operated by Aether Solutions - F.Z.E
Effective Date: July 22, 2026 Last Updated: July 22, 2026
Website: https://qonvera.com Contact: legal@aethersolutions.tech
TABLE OF CONTENTS
- Introduction and Acceptance of Terms
- Definitions
- Eligibility and Account Registration
- Description of Services
- Subscription Plans, Fees, and Payment
- Acceptable Use Policy
- AI-Powered Features — Disclaimers and Limitations
- Customer Data and Data Responsibilities
- Intellectual Property Rights
- Confidentiality
- Privacy and Data Protection
- Third-Party Integrations and Channels
- Service Availability, Modifications, and Suspension
- Warranties and Disclaimers
- Limitation of Liability
- Indemnification
- Term and Termination
- Governing Law and Dispute Resolution
- Miscellaneous Provisions
1. INTRODUCTION AND ACCEPTANCE OF TERMS
1.1 Agreement to Terms
These Terms of Service (the "Agreement" or "Terms") constitute a legally binding contract between Aether Solutions - F.Z.E, a company incorporated in the Ajman Free Zone, Ajman, United Arab Emirates, with its registered office at Ajman free zone building c1, Ajman, United Arab Emirates ("Aether Solutions," "we," "us," or "our"), and the entity or individual ("Customer," "you," or "your") accessing or using the Qonvera platform and associated services.
By accessing the Qonvera platform at https://qonvera.com, creating an account, clicking to accept these Terms, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these Terms, you must immediately cease all use of the Services.
1.2 Authority to Bind
If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement. In such cases, references to "you" or "Customer" shall refer to that entity. If you do not have such authority, you must not accept these Terms or use the Services.
1.3 Updates to These Terms
Aether Solutions reserves the right to modify, amend, or update these Terms at any time at its sole discretion. When material changes are made, we will notify you by email to the address associated with your account, by posting a notice on the Qonvera platform, or by updating the "Last Updated" date at the top of this document. Your continued use of the Services following the effective date of any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services and terminate your account in accordance with Section 17.
1.4 Supplemental Policies
These Terms incorporate by reference the following supplemental policies, which form an integral part of this Agreement:
- Privacy Policy, available at https://www.qonvera.com/privacypolicy/
- Acceptable Use Policy, as set out in Section 6 of these Terms
- Any applicable Order Forms, Subscription Agreements, or Service Level Agreements executed between the parties
In the event of any conflict between these Terms and a separately executed written agreement, the separately executed agreement shall prevail to the extent of the inconsistency.
2. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
"Account" means the registered account created by the Customer to access and use the Services.
"AI Features" means the artificial intelligence and machine learning-powered functionalities made available within the Services, including but not limited to AI-powered lead analysis, AI conversation summaries, AI drafting assistance, and AI recommendations, as further described in Section 7.
"Authorized Users" means the employees, contractors, agents, or other individuals authorized by the Customer to access and use the Services under the Customer's Account.
"Business Day" means any day other than a Friday, Saturday, or public holiday in the United Arab Emirates.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
"Customer Data" means all data, content, information, and materials submitted, uploaded, imported, or otherwise transmitted by the Customer or its Authorized Users through the Services, including but not limited to contact records, conversation histories, sales pipeline data, attachments, internal notes, and activity logs.
"Documentation" means any user guides, technical specifications, help articles, and other materials made available by Aether Solutions relating to the use of the Services.
"End Customer" means any third-party individual or entity whose data is stored, managed, or processed within the Services by the Customer, including the Customer's own clients, leads, and contacts.
"Fees" means all charges, subscription fees, usage-based fees, and other amounts payable by the Customer for access to and use of the Services, as set out in the applicable Order Form or Subscription Plan.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, moral rights, and any other intellectual or industrial property rights, whether registered or unregistered, anywhere in the world.
"Order Form" means a written or electronic order document executed between Aether Solutions and the Customer specifying the Services subscribed to, the applicable Fees, and any other agreed terms.
"Platform" means the Qonvera cloud-based software application and all associated infrastructure, interfaces, APIs, and tools operated by Aether Solutions.
"Services" means the Qonvera platform, AI Features, integrations, APIs, support services, and all other products and services provided by Aether Solutions under this Agreement.
"Subscription Plan" means the tier of service selected by the Customer, which determines the scope of features, usage limits, and Fees applicable to the Customer's Account.
"Third-Party Channels" means external communication platforms and services integrated with Qonvera, including WhatsApp Business, Instagram, Facebook Messenger, TikTok, website chat, email, and any future messaging channels.
"Third-Party Services" means any software, applications, platforms, or services provided by parties other than Aether Solutions that are accessed, integrated, or used in connection with the Services.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility
The Services are intended exclusively for business use. By registering for an Account, you represent and warrant that:
(a) You are a legal entity, sole proprietor, or individual acting in a professional or commercial capacity; (b) You are at least eighteen (18) years of age; (c) You have the legal capacity and authority to enter into this Agreement; (d) Your use of the Services does not violate any applicable law, regulation, or third-party agreement to which you are a party; (e) You are not located in, incorporated in, or operating from a jurisdiction subject to comprehensive trade sanctions or embargoes that would prohibit your use of the Services.
The Services are not intended for personal, household, or consumer use.
3.2 Account Registration
To access the Services, you must create an Account by providing accurate, current, and complete information as prompted during the registration process. You agree to maintain and promptly update your Account information to ensure it remains accurate and complete at all times.
3.3 Account Security
You are solely responsible for:
(a) Maintaining the confidentiality and security of your Account credentials, including usernames and passwords; (b) All activities that occur under your Account, whether or not authorized by you; (c) Promptly notifying Aether Solutions at legal@aethersolutions.tech if you become aware of any unauthorized access to or use of your Account.
Aether Solutions shall not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials.
3.4 Authorized Users
The Customer is responsible for managing access by Authorized Users and ensuring that all Authorized Users comply with the terms of this Agreement. The Customer shall be liable for any breach of this Agreement by its Authorized Users as if such breach were committed by the Customer itself.
3.5 Account Restrictions
You may not:
(a) Share your Account credentials with any person who is not an Authorized User; (b) Create multiple Accounts for the purpose of circumventing usage limits or Subscription Plan restrictions; (c) Transfer or assign your Account to any third party without the prior written consent of Aether Solutions.
4. DESCRIPTION OF SERVICES
4.1 Overview
Qonvera is an AI-powered omnichannel customer relationship management ("CRM") platform designed for business-to-business use. The Services enable Customers to manage customer conversations, sales pipelines, and team collaboration from a centralized, cloud-based interface.
4.2 Communication and Messaging Features
The Services provide a unified inbox enabling Customers to manage inbound and outbound communications across multiple Third-Party Channels, including:
(a) WhatsApp Business — management of WhatsApp Business API-connected accounts; (b) Instagram — management of Instagram Direct Messages via connected business accounts; (c) Facebook Messenger — management of Messenger conversations via connected Facebook Pages; (d) TikTok — messaging integration (planned for future release; availability subject to change); (e) Website Chat — embeddable live chat widget for Customer websites; (f) Email — management of email communications through connected email accounts; (g) Future Messaging Channels — additional channels as may be introduced by Aether Solutions from time to time.
The availability of specific channels is subject to the Customer's Subscription Plan and the applicable terms and policies of the relevant Third-Party Channel providers.
4.3 CRM and Contact Management
The Services include a comprehensive CRM module enabling Customers to:
(a) Create, organize, and manage contact records for End Customers, including names, phone numbers, email addresses, company information, and custom fields; (b) Track and manage leads throughout the sales lifecycle; (c) Assign tags, categories, and custom attributes to contacts; (d) Import and export contact data in supported formats; (e) Maintain a complete activity log and interaction history for each contact.
4.4 Sales Pipeline Management
The Services provide pipeline management tools, including:
(a) Multiple customizable sales pipelines; (b) A visual pipeline builder with configurable stages; (c) Kanban-style workflow views for managing deals and opportunities; (d) Deal tracking, assignment, and progression across pipeline stages; (e) Pipeline-level analytics and performance reporting.
4.5 Productivity and Collaboration Features
The Services include tools to support team productivity and collaboration, including:
(a) Internal notes and annotations on contact records and conversations; (b) Task creation, assignment, and tracking; (c) Follow-up scheduling and reminders; (d) Calendar integration for scheduling and activity management; (e) File and attachment management; (f) Team inbox management with role-based access controls; (g) Notifications and alert management.
4.6 Analytics and Reporting
The Services provide analytics and reporting capabilities, including:
(a) Conversation and messaging analytics; (b) Sales pipeline performance reports; (c) Team activity and productivity metrics; (d) Lead conversion and funnel analysis; (e) Custom report generation and data export.
4.7 Automation and Integrations
The Services support workflow automation and third-party integrations, including:
(a) Configurable workflow automation rules and triggers; (b) API access for custom integrations (subject to applicable API usage terms); (c) Third-party application integrations as made available by Aether Solutions; (d) Data import and export functionality.
4.8 AI-Powered Features
The Services incorporate AI Features as further described in Section 7 of these Terms. AI Features are designed to assist Customers in managing communications and sales activities more efficiently. The use of AI Features is subject to the disclaimers, limitations, and responsibilities set out in Section 7.
4.9 Feature Availability and Updates
Aether Solutions reserves the right to modify, update, add, or discontinue any feature or functionality of the Services at any time, with or without notice, provided that Aether Solutions will use commercially reasonable efforts to provide advance notice of material changes that may adversely affect the Customer's use of the Services. Features described as "planned" or "coming soon" are not guaranteed and are subject to change or cancellation.
5. SUBSCRIPTION PLANS, FEES, AND PAYMENT
5.1 Subscription Plans
Access to the Services is provided on a subscription basis. The Customer must select a Subscription Plan that determines the scope of features, number of Authorized Users, usage limits, and applicable Fees. Details of available Subscription Plans are set out on the Qonvera website or in an applicable Order Form.
5.2 Fees and Pricing
The Customer agrees to pay all Fees associated with the selected Subscription Plan. Fees are as set out on the Qonvera website or in the applicable Order Form at the time of subscription. Aether Solutions reserves the right to modify its pricing at any time, provided that:
(a) Price changes will not apply to the current billing cycle in which notice is given; (b) Aether Solutions will provide at least thirty (30) days' prior written notice of any price increase; (c) The Customer's continued use of the Services following the effective date of a price change constitutes acceptance of the new pricing.
5.3 Billing and Payment
(a) Fees are billed in advance on a recurring basis (monthly or annually, as selected by the Customer); (b) Payment is due on the date specified in the applicable Order Form or, in the absence of such specification, on the first day of each billing cycle; (c) The Customer authorizes Aether Solutions (or its designated payment processor) to charge the payment method on file for all applicable Fees; (d) All Fees are stated and payable in the currency specified at the time of subscription.
5.4 Taxes
All Fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including value-added tax ("VAT"), goods and services tax ("GST"), withholding taxes, and any other taxes imposed by any jurisdiction. The Customer is solely responsible for paying all such taxes in connection with its use of the Services, except for taxes assessed on Aether Solutions' net income.
5.5 Late Payment
If any Fees remain unpaid after the due date, Aether Solutions reserves the right to:
(a) Charge interest on overdue amounts at the rate of one and a half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower; (b) Suspend or restrict access to the Services until all outstanding amounts are paid in full; (c) Terminate the Customer's Account in accordance with Section 17.
5.6 Refund Policy
Except as expressly required by applicable law or as otherwise agreed in writing, all Fees paid are non-refundable. Aether Solutions does not provide refunds for partial billing periods, unused features, or early termination of a subscription.
5.7 Disputes
If the Customer disputes any invoice or charge in good faith, the Customer must notify Aether Solutions in writing at legal@aethersolutions.tech within fifteen (15) days of the invoice date, providing reasonable detail of the basis for the dispute. The parties shall work in good faith to resolve any billing disputes promptly.
5.8 Free Trials
If Aether Solutions offers a free trial period, the Customer may access the Services at no charge for the duration of the trial. At the end of the trial period, the Customer's account will automatically convert to a paid subscription unless the Customer cancels before the trial expires. Aether Solutions reserves the right to modify or discontinue free trial offers at any time.
6. ACCEPTABLE USE POLICY
6.1 Permitted Use
The Customer and its Authorized Users may use the Services solely for lawful business purposes and in accordance with this Agreement, applicable law, and the terms and policies of any applicable Third-Party Channels.
6.2 Prohibited Conduct
The Customer shall not, and shall ensure that its Authorized Users do not:
(a) Use the Services to send unsolicited commercial messages, spam, or bulk communications in violation of applicable anti-spam laws, including but not limited to the UAE Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes and the policies of Third-Party Channel providers; (b) Use the Services to transmit, distribute, or store any content that is unlawful, defamatory, obscene, fraudulent, threatening, harassing, abusive, or otherwise objectionable; (c) Use the Services to engage in any form of deception, impersonation, or misrepresentation; (d) Use the Services to collect, process, or store personal data in violation of applicable data protection and privacy laws; (e) Attempt to gain unauthorized access to any part of the Services, other Customers' accounts, or Aether Solutions' systems or networks; (f) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any component thereof; (g) Use the Services to develop or offer a competing product or service; (h) Circumvent, disable, or interfere with any security features, access controls, or usage limits of the Services; (i) Upload, transmit, or distribute any malware, viruses, or other malicious code through the Services; (j) Use the Services in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Services; (k) Use the AI Features to generate content that is discriminatory, harmful, or in violation of any applicable law or regulation; (l) Violate the terms of service, community standards, or messaging policies of any Third-Party Channel through which the Services are used; (m) Use the Services to process or store data relating to individuals under the age of eighteen (18) without appropriate legal basis and parental consent where required by applicable law.
6.3 Messaging Compliance
The Customer acknowledges that the use of Third-Party Channels through the Services is subject to the terms, policies, and technical requirements of the respective channel providers. The Customer is solely responsible for:
(a) Obtaining all necessary consents, opt-ins, and permissions from End Customers prior to initiating communications through any channel; (b) Complying with all applicable messaging laws and regulations, including those governing commercial electronic communications, telemarketing, and data protection; (c) Ensuring that all message content, frequency, and targeting comply with the policies of the applicable Third-Party Channel.
6.4 Enforcement
Aether Solutions reserves the right, but not the obligation, to investigate any suspected violation of this Acceptable Use Policy. Upon discovering or receiving credible notice of a violation, Aether Solutions may, at its sole discretion:
(a) Remove or disable access to any content or Account in violation of this Policy; (b) Suspend or terminate the Customer's access to the Services; (c) Report the violation to relevant law enforcement or regulatory authorities; (d) Take any other action it deems appropriate to address the violation.
7. AI-POWERED FEATURES — DISCLAIMERS AND LIMITATIONS
7.1 Description of AI Features
Qonvera incorporates artificial intelligence and machine learning technologies to provide the following AI-powered capabilities:
(a) AI-Powered Lead Analysis — automated analysis and scoring of leads based on available data and interaction history; (b) AI Conversation Summaries — automated generation of summaries of customer conversations; (c) AI Drafting Assistance — AI-generated suggestions for message drafts, responses, and communications; (d) AI Recommendations — contextual recommendations relating to sales activities, follow-ups, and customer engagement.
7.2 Nature of AI Outputs — Recommendations Only
THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALL OUTPUTS, SUGGESTIONS, SUMMARIES, ANALYSES, DRAFTS, AND RECOMMENDATIONS GENERATED BY THE AI FEATURES ARE PROVIDED FOR INFORMATIONAL AND ASSISTIVE PURPOSES ONLY AND CONSTITUTE RECOMMENDATIONS, NOT INSTRUCTIONS OR DECISIONS.
AI-generated outputs are not a substitute for human judgment, professional expertise, or independent verification. The Customer and its Authorized Users are solely responsible for reviewing, evaluating, and determining the appropriateness of any AI-generated output before acting upon it or using it in any communication or business decision.
7.3 Accuracy and Reliability Disclaimer
The Customer acknowledges that AI technologies are inherently probabilistic and may produce outputs that are:
(a) Inaccurate, incomplete, or factually incorrect; (b) Misleading, ambiguous, or contextually inappropriate; (c) Outdated or inconsistent with current information; (d) Biased or reflective of limitations in the underlying training data or models.
AETHER SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI-GENERATED OUTPUT. Aether Solutions shall not be liable for any loss, damage, or harm arising from the Customer's reliance on AI-generated outputs.
7.4 No Professional Advice
AI-generated outputs produced by the Services do not constitute, and must not be construed as, legal, financial, medical, regulatory, compliance, or any other form of professional advice. The Customer should seek qualified professional advice before making any decision that may have legal, financial, medical, or other significant consequences.
7.5 Customer Responsibility for Communications
The Customer is solely and exclusively responsible for all messages, communications, and content sent to End Customers through the Services, regardless of whether such messages were drafted, suggested, or assisted by the AI Features.
The Customer must:
(a) Review all AI-generated message drafts and suggestions before sending them to any End Customer or third party; (b) Ensure that all outbound communications are accurate, appropriate, compliant with applicable law, and consistent with the Customer's own policies and obligations; (c) Not send any AI-generated content without first conducting a reasonable review and exercising independent judgment as to its suitability; (d) Take full responsibility for any consequences arising from communications sent through the Services, including any errors, omissions, or inaccuracies in AI-generated content.
7.6 AI Feature Availability
AI Features are provided as part of the Services and are subject to availability, technical limitations, and ongoing development. Aether Solutions reserves the right to modify, update, or discontinue any AI Feature at any time. The performance and capabilities of AI Features may vary and are not guaranteed to meet any specific standard of accuracy or output quality.
7.7 Third-Party AI Models
The Customer acknowledges that certain AI Features may be powered by or incorporate third-party artificial intelligence models or services. The use of such third-party AI services is subject to the terms and privacy policies of the respective providers. Aether Solutions will use commercially reasonable efforts to ensure that any third-party AI providers engaged in connection with the Services maintain appropriate data protection and security standards.
7.8 Feedback and Improvement
The Customer acknowledges that Aether Solutions may use aggregated, anonymized data derived from the use of AI Features to improve and train the underlying AI models, subject to the terms of the Privacy Policy and applicable data protection law. Aether Solutions will not use identifiable Customer Data or End Customer personal data for AI model training without the Customer's prior written consent.
8. CUSTOMER DATA AND DATA RESPONSIBILITIES
8.1 Customer Ownership of Data
As between the parties, the Customer retains all right, title, and interest in and to the Customer Data. Aether Solutions does not claim any ownership rights over Customer Data.
8.2 License to Process Customer Data
The Customer grants Aether Solutions a limited, non-exclusive, worldwide license to access, store, process, transmit, and use Customer Data solely to the extent necessary to:
(a) Provide, operate, and maintain the Services; (b) Perform technical support and troubleshooting; (c) Comply with applicable legal obligations; (d) Enforce the terms of this Agreement.
Aether Solutions shall not use Customer Data for any purpose beyond those set out above without the Customer's prior written consent.
8.3 Types of Customer Data
The Customer acknowledges that the Services are designed to store and process the following categories of data relating to End Customers:
(a) Names and contact identifiers; (b) Phone numbers and email addresses; (c) Company names and business information; (d) Conversation histories and message content across all connected channels; (e) File attachments and media; (f) Internal notes and annotations; (g) Sales pipeline data, deal values, and stage information; (h) Tags, categories, and custom field data; (i) Task and follow-up records; (j) Activity logs and interaction histories.
8.4 Customer's Data Responsibilities
The Customer is solely responsible for:
(a) Ensuring that it has a valid and lawful basis for collecting, storing, and processing all Customer Data and End Customer personal data within the Services, including obtaining all necessary consents, authorizations, and permissions required by applicable data protection law; (b) Ensuring that its use of the Services complies with all applicable privacy, data protection, and consumer protection laws in all jurisdictions in which it operates; (c) Providing End Customers with appropriate privacy notices and disclosures regarding the collection and use of their personal data; (d) Responding to data subject access requests, deletion requests, and other rights exercised by End Customers under applicable law; (e) Ensuring the accuracy and integrity of Customer Data uploaded or imported into the Services; (f) Maintaining appropriate backup copies of Customer Data independently of the Services.
8.5 Data Processing Agreement
To the extent that the Customer's use of the Services involves the processing of personal data subject to applicable data protection legislation (including, without limitation, the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data ("UAE PDPL"), the European Union General Data Protection Regulation ("GDPR"), or other applicable privacy laws), the parties acknowledge that:
(a) The Customer acts as the data controller (or equivalent) in respect of End Customer personal data; (b) Aether Solutions acts as the data processor (or equivalent) in respect of such personal data; (c) The parties shall enter into a separate Data Processing Agreement ("DPA") to the extent required by applicable law, which shall govern the processing of personal data by Aether Solutions on behalf of the Customer.
Customers who require a DPA should contact Aether Solutions at legal@aethersolutions.tech.
8.6 Data Security
Aether Solutions shall implement and maintain commercially reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption of data in transit and at rest, access controls, and regular security assessments. Notwithstanding the foregoing, no security measure is infallible, and Aether Solutions does not guarantee that Customer Data will be free from unauthorized access or breach.
8.7 Data Breach Notification
In the event of a confirmed security breach that affects Customer Data, Aether Solutions shall notify the Customer without undue delay and, in any event, within seventy-two (72) hours of becoming aware of the breach, to the extent practicable. Such notification shall include, to the extent then known, a description of the nature of the breach, the categories and approximate volume of data affected, and the measures taken or proposed to address the breach.
8.8 Data Retention and Deletion
Upon termination or expiry of this Agreement, Aether Solutions shall, at the Customer's election:
(a) Provide the Customer with a reasonable opportunity to export Customer Data in a supported format prior to deletion; and (b) Delete or render inaccessible all Customer Data within ninety (90) days of the termination date, except to the extent that Aether Solutions is required to retain such data by applicable law.
Aether Solutions shall have no obligation to retain Customer Data beyond the period specified above.
8.9 Prohibited Data
The Customer shall not upload, store, or process through the Services any data that:
(a) The Customer does not have the legal right to collect, store, or process; (b) Constitutes special categories of sensitive personal data (including health data, biometric data, racial or ethnic origin, political opinions, religious beliefs, or criminal records) unless the Customer has obtained all necessary consents and legal authorizations and has notified Aether Solutions in advance; (c) Is subject to export control restrictions or classified as government-classified information; (d) Relates to individuals under the age of eighteen (18) without appropriate legal basis.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Aether Solutions' Intellectual Property
As between the parties, Aether Solutions retains all right, title, and interest in and to:
(a) The Qonvera Platform, including all software, code, algorithms, interfaces, designs, and architecture; (b) All AI models, machine learning systems, and related technologies incorporated in the Services; (c) All Documentation, marketing materials, and content produced by Aether Solutions; (d) The Qonvera and Aether Solutions trademarks, logos, and brand elements; (e) All improvements, enhancements, and derivative works of the foregoing, including those developed in response to Customer feedback.
Nothing in this Agreement transfers any Intellectual Property Rights in the Services or Platform to the Customer.
9.2 License Grant to Customer
Subject to the Customer's compliance with this Agreement and timely payment of all applicable Fees, Aether Solutions grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the subscription term solely for the Customer's internal business purposes.
9.3 Restrictions
The Customer shall not:
(a) Copy, reproduce, modify, adapt, translate, or create derivative works of the Services or any component thereof; (b) Sell, resell, sublicense, rent, lease, or otherwise transfer access to the Services to any third party without Aether Solutions' prior written consent; (c) Remove, alter, or obscure any proprietary notices, trademarks, or labels on the Services; (d) Use the Services to build a competing product or service.
9.4 Customer Feedback
If the Customer provides Aether Solutions with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), the Customer grants Aether Solutions a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such Feedback in any manner without restriction or compensation to the Customer.
9.5 Usage Data
Aether Solutions may collect and use aggregated, anonymized usage data and platform analytics derived from the Customer's use of the Services for the purposes of improving the Services, developing new features, and conducting internal research. Such aggregated data shall not identify the Customer or any individual End Customer.
10. CONFIDENTIALITY
10.1 Obligations of Confidentiality
Each party (the "Receiving Party") agrees to:
(a) Hold the other party's (the "Disclosing Party's") Confidential Information in strict confidence; (b) Not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except as permitted under this Section; (c) Use Confidential Information solely for the purposes of performing its obligations or exercising its rights under this Agreement; (d) Limit access to Confidential Information to those employees, contractors, and advisors who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those set out herein.
10.2 Exceptions
The obligations of confidentiality in Section 10.1 shall not apply to information that:
(a) Is or becomes publicly available through no fault of the Receiving Party; (b) Was already known to the Receiving Party at the time of disclosure, as evidenced by written records predating the disclosure; (c) Is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; (d) Is received from a third party who is not under any obligation of confidentiality with respect to such information.
10.3 Compelled Disclosure
If the Receiving Party is required by law, regulation, or court order to disclose any Confidential Information, it shall, to the extent permitted by law:
(a) Provide the Disclosing Party with prompt prior written notice of such requirement; (b) Cooperate with the Disclosing Party in seeking a protective order or other appropriate relief; (c) Disclose only that portion of the Confidential Information that is legally required to be disclosed.
10.4 Duration
The obligations of confidentiality set out in this Section shall survive the termination or expiry of this Agreement for a period of five (5) years.
11. PRIVACY AND DATA PROTECTION
11.1 Privacy Policy
Aether Solutions' collection, use, and processing of personal data in connection with the Services is governed by the Qonvera Privacy Policy, available at https://www.qonvera.com/privacypolicy/, which is incorporated into this Agreement by reference.
11.2 Applicable Law
Aether Solutions processes personal data in accordance with applicable data protection laws, including the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (UAE PDPL) and, where applicable, the EU General Data Protection Regulation (GDPR) and other relevant privacy legislation.
11.3 Customer's Compliance Obligations
The Customer is independently responsible for ensuring that its own collection, use, and processing of personal data through the Services complies with all applicable data protection and privacy laws. Aether Solutions does not provide legal advice regarding the Customer's compliance obligations.
11.4 Cross-Border Data Transfers
The Customer acknowledges that the Services may involve the transfer of Customer Data and personal data across international borders. Aether Solutions shall implement appropriate safeguards for any such transfers in accordance with applicable data protection law.
12. THIRD-PARTY INTEGRATIONS AND CHANNELS
12.1 Third-Party Services
The Services may integrate with or provide access to Third-Party Services and Third-Party Channels. The Customer's use of any Third-Party Service is subject to the terms, conditions, and policies of the respective third-party provider. Aether Solutions is not a party to any agreement between the Customer and any third-party provider.
12.2 No Endorsement
The availability of Third-Party Services or Third-Party Channels through the Services does not constitute an endorsement, recommendation, or warranty by Aether Solutions regarding such services. Aether Solutions makes no representations regarding the quality, reliability, security, or legality of any Third-Party Service.
12.3 Third-Party Channel Compliance
The Customer is solely responsible for:
(a) Complying with the terms of service, messaging policies, and community standards of all Third-Party Channels used in connection with the Services; (b) Obtaining and maintaining all necessary approvals, verifications, and authorizations required by Third-Party Channel providers (including, without limitation, WhatsApp Business API access, Meta platform approvals, and similar requirements); (c) Ensuring that its use of Third-Party Channels through the Services does not violate any applicable law or the policies of the relevant channel provider.
12.4 Third-Party Disruptions
Aether Solutions shall not be liable for any disruption, unavailability, or change in functionality of the Services caused by changes to, or the unavailability of, any Third-Party Service or Third-Party Channel. Aether Solutions will use commercially reasonable efforts to notify Customers of material disruptions to Third-Party Channel integrations where it has advance knowledge of such disruptions.
12.5 API Usage
Where the Customer accesses the Services through an API, such access is subject to any applicable API usage terms, rate limits, and technical specifications published by Aether Solutions. Aether Solutions reserves the right to modify, restrict, or discontinue API access at any time upon reasonable notice.
13. SERVICE AVAILABILITY, MODIFICATIONS, AND SUSPENSION
13.1 Service Availability
Aether Solutions will use commercially reasonable efforts to make the Services available on a continuous basis. However, the Customer acknowledges that the Services may be subject to:
(a) Scheduled maintenance windows, for which Aether Solutions will use reasonable efforts to provide advance notice; (b) Unscheduled downtime due to technical failures, security incidents, or circumstances beyond Aether Solutions' reasonable control; (c) Reduced functionality or temporary unavailability of specific features or integrations.
Aether Solutions does not guarantee any specific level of uptime or availability unless expressly set out in a separately executed Service Level Agreement.
13.2 Modifications to Services
Aether Solutions reserves the right to modify, update, enhance, or discontinue any aspect of the Services at any time. Where a modification materially reduces the functionality of the Services, Aether Solutions will use commercially reasonable efforts to provide at least thirty (30) days' prior written notice.
13.3 Suspension of Services
Aether Solutions may suspend the Customer's access to the Services, in whole or in part, immediately and without prior notice if:
(a) The Customer breaches any provision of this Agreement, including the Acceptable Use Policy; (b) The Customer fails to pay any Fees when due and such failure continues for more than ten (10) days after written notice; (c) Aether Solutions reasonably believes that the Customer's use of the Services poses a security risk, legal risk, or risk of harm to Aether Solutions, other customers, or third parties; (d) Required by applicable law or regulatory authority.
Aether Solutions will use commercially reasonable efforts to notify the Customer of a suspension and the reasons therefor, except where prohibited by law or where immediate suspension is necessary to prevent harm.
13.4 Force Majeure
Aether Solutions shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, internet or telecommunications failures, or third-party service outages ("Force Majeure Events"). Aether Solutions shall notify the Customer as soon as reasonably practicable of any Force Majeure Event affecting the Services.
14. WARRANTIES AND DISCLAIMERS
14.1 Aether Solutions' Limited Warranties
Aether Solutions warrants that:
(a) It has the legal right and authority to enter into this Agreement and to grant the licenses set out herein; (b) It will use commercially reasonable efforts to provide the Services in a professional and workmanlike manner; (c) It will implement and maintain commercially reasonable security measures to protect Customer Data.
14.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL AI FEATURES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AETHER SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (b) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (c) ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY AI-GENERATED OUTPUT OR CONTENT; (d) ANY WARRANTY THAT THE SERVICES WILL MEET THE CUSTOMER'S SPECIFIC REQUIREMENTS OR EXPECTATIONS.
14.3 Customer's Acknowledgment
The Customer acknowledges that it has independently evaluated the Services and has not relied on any representation, warranty, or statement made by Aether Solutions or its representatives that is not expressly set out in this Agreement.
15. LIMITATION OF LIABILITY
15.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AETHER SOLUTIONS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS; (c) LOSS OF DATA OR CORRUPTION OF DATA; (d) LOSS OF OPPORTUNITY OR BUSINESS INTERRUPTION;
WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AETHER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AETHER SOLUTIONS' TOTAL AGGREGATE LIABILITY TO THE CUSTOMER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO AETHER SOLUTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15.3 Essential Basis
The Customer acknowledges that the limitations of liability set out in this Section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between the parties. Aether Solutions would not have entered into this Agreement without these limitations.
15.4 Exceptions
Nothing in this Agreement shall limit or exclude either party's liability for:
(a) Death or personal injury caused by negligence; (b) Fraud or fraudulent misrepresentation; (c) Any other liability that cannot be excluded or limited by applicable law.
16. INDEMNIFICATION
16.1 Customer's Indemnification Obligations
The Customer shall defend, indemnify, and hold harmless Aether Solutions and its affiliates, directors, officers, employees, agents, and licensors (collectively, the "Aether Indemnitees") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
(a) The Customer's or any Authorized User's use of the Services in violation of this Agreement or applicable law; (b) Any Customer Data, including any claim that Customer Data infringes or misappropriates any third-party Intellectual Property Rights or violates any applicable law; (c) The Customer's communications with End Customers, including any claims arising from messages sent through the Services; (d) The Customer's failure to obtain required consents or authorizations from End Customers; (e) The Customer's breach of any representation, warranty, or obligation under this Agreement; (f) Any claim by an End Customer arising from the Customer's use of AI-generated content without adequate review.
16.2 Aether Solutions' Indemnification Obligations
Aether Solutions shall defend, indemnify, and hold harmless the Customer from and against any third-party claims alleging that the Services, as provided by Aether Solutions and used in accordance with this Agreement, infringe any third-party Intellectual Property Rights, provided that:
(a) The Customer promptly notifies Aether Solutions in writing of the claim; (b) Aether Solutions has sole control over the defense and settlement of the claim; (c) The Customer provides reasonable cooperation and assistance to Aether Solutions in the defense of the claim.
This indemnification shall not apply to claims arising from the Customer's modification of the Services, use of the Services in combination with third-party products not approved by Aether Solutions, or use of the Services in violation of this Agreement.
16.3 Indemnification Procedure
The indemnified party shall:
(a) Promptly notify the indemnifying party in writing of any claim for which indemnification is sought; (b) Grant the indemnifying party sole control over the defense and settlement of such claim, provided that the indemnifying party shall not settle any claim in a manner that imposes any obligation or liability on the indemnified party without the indemnified party's prior written consent; (c) Provide reasonable cooperation and assistance to the indemnifying party at the indemnifying party's expense.
17. TERM AND TERMINATION
17.1 Term
This Agreement commences on the date the Customer first accepts these Terms or accesses the Services and continues for the duration of the Customer's active Subscription Plan, unless earlier terminated in accordance with this Section.
17.2 Renewal
Unless otherwise specified in the applicable Order Form, Subscription Plans automatically renew for successive periods equal to the initial subscription term (monthly or annually, as applicable) unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current subscription period.
17.3 Termination for Convenience
The Customer may terminate this Agreement at any time by providing written notice to Aether Solutions and cancelling the applicable Subscription Plan through the account management interface or by contacting legal@aethersolutions.tech. Termination for convenience shall take effect at the end of the then-current billing cycle. No refunds shall be issued for any prepaid Fees.
17.4 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if:
(a) The other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice specifying the breach in reasonable detail; (b) The other party becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy, liquidation, or similar proceedings.
Aether Solutions may additionally terminate this Agreement immediately upon written notice if the Customer violates the Acceptable Use Policy in a manner that Aether Solutions reasonably determines cannot be remedied.
17.5 Effect of Termination
Upon termination or expiry of this Agreement:
(a) All licenses granted to the Customer under this Agreement shall immediately terminate; (b) The Customer shall immediately cease all use of the Services; (c) All outstanding Fees shall become immediately due and payable; (d) Each party shall promptly return or destroy the other party's Confidential Information in its possession, subject to any legal retention obligations; (e) The Customer shall have a period of thirty (30) days from the termination date to export Customer Data, after which Aether Solutions shall delete Customer Data in accordance with Section 8.8.
17.6 Survival
The following provisions shall survive the termination or expiry of this Agreement: Sections 2 (Definitions), 8.1 (Customer Ownership of Data), 9 (Intellectual Property Rights), 10 (Confidentiality), 14 (Warranties and Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17.5 (Effect of Termination), 18 (Governing Law and Dispute Resolution), and 19 (Miscellaneous Provisions).
18. GOVERNING LAW AND DISPUTE RESOLUTION
18.1 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Arab Emirates, and where applicable, the laws of the Emirate of Ajman, without regard to its conflict of law principles.
18.2 Amicable Resolution
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations. Either party may initiate this process by providing written notice to the other party describing the dispute in reasonable detail. The parties shall have thirty (30) days from the date of such notice (or such longer period as the parties may agree in writing) to resolve the dispute through negotiation.
18.3 Arbitration
If the parties are unable to resolve the dispute through negotiation within the period specified in Section 18.2, the dispute shall be finally resolved by binding arbitration administered by the Ajman Chamber of Commerce and Industry or such other arbitral institution as the parties may agree in writing. The arbitration shall be conducted:
(a) In the English language; (b) By a sole arbitrator agreed upon by the parties, or, failing agreement, appointed in accordance with the rules of the applicable arbitral institution; (c) In Ajman, United Arab Emirates.
The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
18.4 Injunctive Relief
Notwithstanding Section 18.3, either party may seek urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including in connection with any actual or threatened breach of confidentiality or Intellectual Property Rights obligations.
18.5 Class Action Waiver
To the maximum extent permitted by applicable law, the Customer waives any right to bring or participate in any class action, collective action, or representative proceeding against Aether Solutions in connection with any dispute arising under this Agreement.
19. MISCELLANEOUS PROVISIONS
19.1 Entire Agreement
This Agreement, together with all incorporated policies, Order Forms, and supplemental agreements, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter.
19.2 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect.
19.3 Waiver
No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
19.4 Assignment
The Customer may not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of Aether Solutions. Aether Solutions may assign this Agreement, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, upon written notice to the Customer. Any purported assignment in violation of this Section shall be null and void.
19.5 Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given when:
(a) Delivered by hand to the recipient; (b) Sent by email to the address specified below and receipt is confirmed by the recipient; or (c) Delivered by internationally recognized courier service with tracking confirmation.
Notices to Aether Solutions shall be sent to:
Aether Solutions - F.Z.E Ajman free zone building c1 Ajman, United Arab Emirates Email: legal@aethersolutions.tech
Notices to the Customer shall be sent to the email address or postal address associated with the Customer's Account.
19.6 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has the authority to bind the other party or to incur any obligation on the other party's behalf.
19.7 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns. Nothing in this Agreement shall create or be deemed to create any rights in any third party.
19.8 Language
This Agreement is drafted in the English language. In the event of any conflict between an English version and any translation of this Agreement, the English version shall prevail.
19.9 Electronic Acceptance
The Customer agrees that electronic acceptance of this Agreement (including by clicking "I Agree," "Accept," or similar) constitutes a valid and binding signature and acceptance of these Terms, with the same legal effect as a handwritten signature.
19.10 Headings
Section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.
19.11 Amendments
Except as otherwise provided in Section 1.3, no amendment or modification of this Agreement shall be effective unless made in writing and signed by authorized representatives of both parties.
Aether Solutions - F.Z.E Ajman free zone building c1 Ajman, United Arab Emirates Email: legal@aethersolutions.tech Website: https://qonvera.com
These Terms of Service were last updated on July 22, 2026.
