Terms of Service

Last updated: July 29, 2026

These Terms of Service (“Terms”) govern access to and use of the websites, software, applications, APIs, integrations and related services provided by Encore Systems Limited (“Encore Systems,” “Encore,” “we,” “our” or “us”).

By accessing our website, creating an account, accepting an order form or using any Encore service, you agree to these Terms. If you use the Services on behalf of a company or other organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

1. About Encore Systems

Encore Systems Limited provides enterprise software and technology services for commerce, customer service and digital operations.

Our products and services may include:

• Awani AI Chat Bot;
• Omni-Channel Smart Digital Solutions;
• e-commerce platforms;
• ticketing and helpdesk systems;
• customer relationship management systems;
• knowledge base systems;
• workforce and service-management tools;
• websites, APIs, integrations and custom software;
• implementation, configuration, training, support and consulting services.

Features available to a customer may depend on its subscription, order form, implementation agreement or service plan.

2. Additional Agreements

These Terms may be supplemented by an order form, proposal, statement of work, service-level agreement, data-processing agreement or other written agreement between Encore and the customer.

If there is a conflict, the signed agreement will control for the subject matter it specifically covers. These Terms will continue to apply to all other matters.

3. Eligibility and Business Authority

You must be legally capable of entering into a binding agreement.

If you connect a company account, Meta business asset, Facebook Page, Instagram professional account, WhatsApp Business Account, payment account, domain or third-party service, you confirm that you are authorised to manage and connect that asset.

Encore may request reasonable evidence of identity, company authority, asset ownership or administrator permission.

4. Accounts and Access

You agree to:

• provide complete and accurate account information;
• maintain the confidentiality of passwords, access tokens and credentials;
• restrict access to authorised users;
• assign appropriate roles and permissions;
• notify Encore promptly of suspected unauthorised access;
• remain responsible for activity performed through your account; and
• keep administrator, billing and support contact information current.

Accounts and credentials may not be sold, shared publicly or used to provide unauthorised access to the Services.

5. Licence to Use the Services

Subject to these Terms and payment of applicable fees, Encore grants the customer a limited, non-exclusive, non-transferable and revocable right to access and use the Services for its authorised internal business purposes during the applicable service period.

This licence does not transfer ownership of Encore software, source code, documentation, designs, trademarks or other intellectual property.

6. Customer Responsibilities

Customers are responsible for:

• the legality and accuracy of information submitted to the Services;
• obtaining required notices, permissions and consents;
• configuring users, permissions, channels and workflows appropriately;
• reviewing automated and AI-generated outputs where appropriate;
• complying with consumer protection, privacy, marketing and communications laws;
• maintaining lawful relationships with their customers;
• responding to customer requests, complaints and opt-outs;
• securing devices and networks used to access the Services; and
• complying with third-party platform terms applicable to connected accounts.

The customer remains responsible for messages, campaigns, offers, products, content and decisions delivered through its workspace.

7. Acceptable Use

You must not use the Services to:

• violate any law, regulation, court order or third-party right;
• distribute malware, harmful code or fraudulent content;
• harass, threaten, deceive, exploit or unlawfully discriminate against anyone;
• send spam or communications without required consent;
• impersonate another person, company or organisation;
• sell, promote or facilitate prohibited or unlawful goods or services;
• collect or disclose sensitive information without lawful authority;
• interfere with the security, availability or performance of the Services;
• bypass access controls, rate limits or security protections;
• obtain data through unauthorised scraping or automated collection;
• reverse engineer the Services except where applicable law expressly permits it;
• test vulnerabilities without Encore’s prior written authorisation;
• use Meta Platform Data for surveillance, unrelated profiling or unauthorised advertising;
• sell, license, broker or improperly transfer Meta Platform Data; or
• cause Encore or another customer to violate Meta or other third-party policies.

Encore may investigate suspected misuse and suspend access when reasonably necessary to protect users, customers, platforms or the Services.

8. Customer Content and Data

Customers retain ownership of the content and data they lawfully submit to the Services (“Customer Data”).

The customer grants Encore a limited licence to host, copy, transmit, process, display and otherwise use Customer Data only as reasonably necessary to:

• provide and secure the Services;
• perform requested integrations and automation;
• respond to support requests;
• prevent fraud and misuse;
• maintain backups and audit records;
• comply with law and contractual obligations; and
• improve the Services using aggregated or appropriately de-identified information.

The customer confirms that it has all rights and lawful grounds required for Encore to process Customer Data as instructed.

9. Privacy and Data Protection

Encore processes personal information according to its Privacy Policy and Cookies Policy.

Where Encore processes personal data on behalf of a business customer, that customer may act as the organisation responsible for determining why and how the data is used. Encore will process such information to provide the contracted Services and according to applicable agreements.

Customers must provide appropriate privacy notices and obtain all permissions required for collecting, using, sharing and storing personal information through their websites, applications and communication channels.

10. Meta Products and Applications

This section applies when a customer uses Encore with Facebook, Messenger, Instagram, WhatsApp or another product or service provided by Meta Platforms, Inc. or its affiliates (“Meta Products”).

10.1 Applicable Meta terms

Use of Meta Products remains subject to the Meta terms and policies applicable to the customer, connected asset and selected functionality, including where applicable:

• Meta Terms of Service;
• Meta Platform Terms;
• Meta Developer Policies;
• Meta Commercial Terms;
• Meta Business Tools Terms;
• Instagram Terms of Use and platform policies;
• WhatsApp Business Terms;
• WhatsApp Business Messaging Policy; and
• Meta technical documentation, commerce policies and messaging requirements.

These policies may be amended by Meta. Customers are responsible for monitoring and complying with the policies applicable to their Meta assets and activities.

If these Terms conflict with a mandatory Meta requirement, the Meta requirement will control solely regarding the relevant Meta Product.

10.2 Connecting Meta assets

When a customer connects a Meta asset, the customer authorises Encore to access and process information made available through the permissions approved by the customer and Meta.

Depending on the enabled features, Encore may:

• receive Facebook Page messages and comments;
• receive Instagram messages, mentions or comments;
• receive WhatsApp Business messages and delivery events;
• send authorised responses;
• process Meta webhooks;
• display conversations in an agent workspace;
• route conversations to users, teams or queues;
• create tickets, CRM records or reports;
• support chatbot and human-agent handoff; and
• maintain operational and security logs.

Encore will not intentionally request permissions unrelated to the functionality being provided.

10.3 Use of Meta Platform Data

Encore will use Meta Platform Data only to provide, secure, maintain or improve the authorised customer-facing functionality, as permitted by applicable Meta terms.

Encore does not sell Meta Platform Data or use it for unrelated advertising, unauthorised surveillance or purposes materially different from those disclosed to the customer and affected users.

Customers must not instruct Encore to use Meta Platform Data in a way that violates applicable law, these Terms or Meta policies.

10.4 Messaging permissions and consent

Customers are responsible for securing all legally and contractually required permissions before contacting a person through a Meta Product.

For WhatsApp Business communications, customers must:

• obtain appropriate recipient opt-in before initiating communications;
• keep evidence of consent where required;
• honour blocks, opt-outs and requests to stop communications;
• use approved message templates when required;
• comply with applicable customer-service messaging windows;
• avoid spam, deception and unexpected communications;
• maintain accurate business and support information; and
• provide a clear method for reaching a human when automation is used.

Customers must not upload purchased contact lists or send bulk messages to recipients who have not provided appropriate permission.

10.5 AI and automated messaging on Meta Products

Customers may use Encore automation for legitimate business support, service and commerce conversations only where permitted by Meta.

Customers must not configure Awani AI or another Encore feature as an unauthorised general-purpose assistant or for any use prohibited by current Meta or WhatsApp policies.

Automated conversations must include an appropriate fallback or escalation path when required. Customers remain responsible for reviewing their configuration, connected knowledge, automated messages and business outcomes.

10.6 Meta data deletion and deauthorisation

Users and business customers may disconnect Encore from their Meta settings or connected business assets.

To request deletion of Meta-connected data processed by Encore, email info@encore-system.com with the subject “Data Deletion Request.”

The request should identify the relevant account, workspace, Facebook Page, Instagram account, WhatsApp Business Account or interaction. Encore may request information necessary to verify the requester’s identity and authority.

Disconnecting an integration may stop future collection but may not automatically remove existing records required for security, backups, dispute resolution or legal compliance. Verified deletion requests will be processed according to applicable law, customer instructions, contractual requirements and Meta policies.

10.7 Platform availability and enforcement

Meta may change its APIs, permissions, pricing, features, review requirements or policies, or may limit, suspend or terminate access to a Meta Product.

Encore does not control Meta Products and cannot guarantee their continued availability. Encore may modify, limit or suspend a Meta integration when necessary to comply with Meta requirements or respond to a platform restriction.

Encore is not responsible for losses caused solely by Meta outages, policy changes, rejected permissions, account restrictions or decisions made by Meta.

10.8 No Meta endorsement

Encore Systems is an independent company. Unless expressly stated in writing, Encore is not sponsored, endorsed or operated by Meta.

Facebook, Instagram, Messenger, WhatsApp and related names and marks belong to their respective owners.

11. AI-Assisted Features

Encore products may provide AI-assisted responses, recommendations, classifications, summaries, translations, product suggestions or workflow automation.

AI-generated output may occasionally be incomplete, inaccurate or inappropriate. Customers must exercise appropriate judgment and human review, particularly for financial, legal, healthcare, safety, employment or other significant decisions.

Customers must not use AI output as the sole basis for decisions that create legal or similarly significant effects for individuals unless lawful safeguards and meaningful human review are in place.

Encore does not guarantee that every AI-generated response will be accurate. Customers are responsible for the knowledge sources, instructions, product information and policies supplied to AI-enabled features.

12. E-Commerce and Transactions

When customers use Encore’s e-commerce functionality, the customer—not Encore—is the seller of record unless a written agreement expressly states otherwise.

Customers are responsible for:

• product descriptions and availability;
• prices, taxes, discounts and promotions;
• order fulfilment and delivery;
• refunds, warranties and returns;
• payment disputes;
• customer service;
• regulatory licences; and
• compliance with applicable commerce and consumer-protection laws.

Third-party payment gateways and delivery services may apply their own terms, fees and policies.

13. Fees, Billing and Taxes

Fees, billing periods and payment terms will be stated in the applicable proposal, order form, invoice or subscription plan.

Unless otherwise agreed:

• fees are payable by the stated due date;
• fees exclude applicable taxes and government charges;
• the customer is responsible for applicable taxes other than taxes on Encore’s income;
• overdue amounts may result in suspension; and
• paid fees are non-refundable except where required by law or expressly provided in writing.

Third-party platform, messaging, hosting, payment or usage charges may be billed separately or passed through to the customer.

14. Intellectual Property

Encore and its licensors retain all rights in the Services, including software, source code, APIs, designs, interfaces, documentation, workflows, databases, trademarks and improvements.

Customers may not copy, distribute, resell, sublicense or create derivative works from Encore technology except as expressly authorised in writing.

If a customer provides feedback or suggestions, Encore may use them without restriction or payment, provided Encore does not publicly identify the customer without permission.

15. Confidentiality

Each party may receive non-public business, technical or commercial information from the other party.

The receiving party will:

• use confidential information only for the agreed relationship;
• protect it using reasonable care;
• limit access to people who need it; and
• not disclose it except as authorised or legally required.

Confidentiality obligations do not apply to information that is public through no breach, independently developed, lawfully received from another source or already known without restriction.

16. Security

Encore uses reasonable administrative, organisational and technical safeguards designed to protect the Services and Customer Data.

However, no internet-connected system is completely secure. Customers must maintain appropriate account controls, device security, user permissions and internal policies.

Customers must promptly report suspected vulnerabilities or unauthorised access to info@encore-system.com.

17. Service Availability and Changes

Encore may update, improve, replace or discontinue features as products and technology evolve.

Unless a separate service-level agreement applies, Encore does not guarantee uninterrupted or error-free availability. Maintenance, internet failures, third-party outages, security incidents and events outside Encore’s reasonable control may affect the Services.

Beta, preview or experimental features may be changed or discontinued without notice and are provided without a service-level commitment.

18. Suspension and Termination

Encore may suspend or terminate access if:

• fees remain unpaid;
• the customer violates these Terms;
• continued use creates a security or legal risk;
• the customer abuses the Services;
• a connected platform requires suspension;
• the customer’s use threatens other users or systems; or
• Encore is required to act by law or a competent authority.

Customers may terminate according to their applicable order form or subscription terms.

Sections concerning payment obligations, confidentiality, intellectual property, disclaimers, liability, indemnification and dispute resolution will survive termination.

19. Data Export and Deletion After Termination

Customers should export required data before their account is closed.

Following termination, Encore may delete or anonymise Customer Data according to the applicable agreement, retention schedule and legal requirements. Encore may retain limited information for backups, security, fraud prevention, audits, dispute resolution and compliance.

Data stored in routine backups may remain until the backups are securely overwritten.

20. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as available” basis.

Encore does not guarantee that:

• the Services will always be uninterrupted or error-free;
• third-party integrations will remain available;
• every automated or AI-generated output will be accurate;
• every security threat will be prevented; or
• the Services will satisfy requirements not documented in an applicable agreement.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

21. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, punitive or consequential damages, including loss of profits, revenue, goodwill, business opportunity or data.

Encore’s total aggregate liability arising from the Services will not exceed the amount paid by the customer to Encore for the affected Services during the twelve months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited, or to fraud, wilful misconduct or a party’s unauthorised use of the other party’s intellectual property.

22. Indemnification

The customer will defend and indemnify Encore against third-party claims arising from:

• unlawful Customer Data or customer content;
• the customer’s products, offers or transactions;
• communications sent without required permission;
• misuse of Meta or another third-party platform;
• violation of applicable law or platform policy; or
• the customer’s material breach of these Terms.

Encore will notify the customer of the claim and provide reasonable cooperation. The customer may not settle a claim in a way that admits wrongdoing by Encore or imposes obligations on Encore without written consent.

23. Governing Law and Disputes

These Terms are governed by the laws of Bangladesh, without regard to conflict-of-law principles.

The parties will first attempt to resolve disputes through good-faith discussions. If a dispute cannot be resolved, the courts with appropriate jurisdiction in Dhaka, Bangladesh will have exclusive jurisdiction, unless a signed customer agreement provides otherwise.

24. Changes to These Terms

Encore may update these Terms when its products, legal obligations or third-party platform requirements change.

The updated Terms will be posted on this website with a revised “Last updated” date. Material changes may also be communicated through the Services or by email where appropriate.

Continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms.

25. General Provisions

If any provision is found unenforceable, the remaining provisions will continue in effect.

Failure to enforce a provision is not a waiver.

Customers may not transfer their rights or obligations without Encore’s written consent. Encore may transfer these Terms as part of a merger, acquisition, restructuring or sale of relevant business assets.

Neither party is liable for delays caused by events beyond its reasonable control.

These Terms and applicable signed agreements constitute the complete agreement concerning the Services.

26. Contact Information

Encore Systems Limited

65/B, Baitul Mukarram North Gate

Paltan, G.P.O., Dhaka 1000

Bangladesh

Email: info@encore-system.com

Website: https://encore-system.com