These terms (the "Agreement") govern access to and use of the Nirbhor platform, APIs, dashboards, and supporting services (collectively, the "Service") provided by Nirbhor - Md Forhad Hossain, a sole proprietorship (FIE) registered in Estonia, EU (Business Register code 17508470) with operations in Dhaka, Bangladesh ("Nirbhor", "we"). The Service is offered to merchants and their authorised operators ("you", "your") on a subscription basis.
Acceptance and authority
By clicking "Create account", connecting a Page or workspace, or otherwise using the Service, you accept this Agreement on behalf of the legal entity you represent. You represent and warrant that (i) you have the authority to bind that entity, (ii) the entity is duly organised and in good standing in its jurisdiction of formation, and (iii) the entity is not subject to any sanctions list maintained by the United Nations, the European Union, the United States, or the Government of Bangladesh that would prohibit its use of the Service.
Acceptance via electronic means is recognised under the Information and Communication Technology Act 2006 (Bangladesh) and is legally binding. If you do not accept this Agreement in full, do not access or use the Service.
Your account and your data
Operator credentials. You are responsible for maintaining the confidentiality of operator passwords and access tokens, for all activity that occurs under your workspace, and for promptly notifying us of any unauthorised access.
Workspace data. You retain all right, title, and interest in your workspace data (catalog, orders, customer messages, operator content). You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and modify that data solely as necessary to provide the Service to you, to maintain the platform's security, and to comply with law. The licence terminates when the data is deleted in accordance with our Privacy Policy.
Accuracy and lawfulness. You represent that your product catalog, prices, stock claims, and order confirmations are accurate and not misleading; that the goods or services you sell are lawful in Bangladesh and any jurisdiction you ship to; and that any personal data you upload was collected with appropriate notice and, where required, consent.
Use of the Service
You agree that you and your operators will not:
- Use the Service for any unlawful purpose or in violation of the Meta Platform Terms, the WhatsApp Business Solution Terms, or the Meta Commerce Policies;
- Use the Service to deceive customers about price, stock, origin, or the identity of the seller;
- Use the Service to send unsolicited marketing messages outside the windows permitted by Meta's policies (24-hour customer-service window for WhatsApp, Standard Messaging window for Messenger, and equivalent rules for Instagram);
- Reverse-engineer, decompile, or attempt to extract the source code, training data, or model weights of the Service, except to the extent expressly permitted by mandatory law;
- Resell, sublicense, white-label, or otherwise commercially redistribute the Service to third parties without a separate written agreement;
- Probe, scan, or test the Service's vulnerability without prior written authorisation, except via a published responsible-disclosure programme;
- Use the Service to harass, threaten, defraud, or otherwise abuse end customers, or to facilitate the sale of goods or services prohibited by Meta's Commerce Policies (firearms, controlled substances, counterfeit goods, etc.).
We may suspend or terminate access to the Service immediately, without refund and without further notice, where we reasonably determine that you have materially breached the clauses above, or where required by an order of a court or competent authority.
Fees and payment
Subscription plans are billed monthly in advance in Bangladeshi Taka (BDT). Invoices are issued on the first business day of each calendar month and are due within 15 days. We accept payment by bank transfer, bKash Merchant, Nagad, and major debit and credit cards. Late amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Bangladeshi law.
Fees are exclusive of all taxes, including VAT, income tax withholding, and source tax, which you are responsible for paying except where Nirbhor is required by law to withhold and remit them.
You may downgrade or cancel your subscription at any time from the dashboard. On cancellation your workspace becomes read-only for 30 days to allow data export, after which the workspace and all associated data — except records we are required to retain by law — are deleted.
Warranties, disclaimers, and limitation of liability
Service warranty. We warrant that we will provide the Service with reasonable skill and care and in conformance with the documentation. We do not warrant that the Service will be uninterrupted, error-free, or free from third-party interference.
AI output disclaimer. The Service uses generative AI to draft replies, capture orders, and propose actions. AI output may occasionally be inaccurate, incomplete, or unsuitable for a particular purpose. You are responsible for the operator policies, escalation thresholds, and shadow-review processes you configure; you should not rely on AI output for high-stakes decisions without operator review.
Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO NIRBHOR IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The above limitations do not apply to (a) liability for death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) a party's indemnity obligations under this Agreement; or (d) any liability that cannot be excluded or limited under applicable law.
Indemnification. You will defend, indemnify, and hold harmless Nirbhor and its officers, directors, employees, and agents from and against any third-party claim, suit, or proceeding arising out of (i) your or your operators' breach of this Agreement, (ii) the goods or services you sell through the Service, or (iii) your violation of applicable law. Nirbhor will defend, indemnify, and hold you harmless against any third-party claim that the Service, when used as documented and within the scope of this Agreement, infringes a third party's intellectual property rights; Nirbhor's sole and exclusive obligation under this clause is to procure the right to continue using the Service, modify the Service to be non-infringing, or refund the unused portion of your fees.
Term and termination
This Agreement begins when you accept it and continues until terminated. Either party may terminate for convenience on 30 days written notice. We may terminate immediately on (i) non-payment of fees within 15 days of written notice, (ii) your material breach of the "Use of the Service" section that is not cured within 7 days of notice, or (iii) where required by law.
On termination, sections that by their nature should survive — including warranties, disclaimers, limitation of liability, indemnification, fees accrued before termination, and governing law — will survive.
Governing law and dispute resolution
This Agreement is governed by the laws of the European Union member state in which Nirbhor is registered, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement will first be addressed by good-faith negotiation; if not resolved within 30 days, the dispute will be submitted to the exclusive jurisdiction of the competent courts of that member state, and you and Nirbhor each consent to that venue.
Notwithstanding the above, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
Changes to this Agreement. We may update this Agreement from time to time. Material changes will be notified by email to the workspace owner at least 30 days before they take effect; non-material changes (clarifications, typos) take effect on publication. Continued use of the Service after the effective date constitutes acceptance.