eSauti Terms of Service

Effective date: 28 Feb, 2026
Last updated: 28 Feb, 2026

1) Who we are and what these Terms cover

These Terms of Service (“Terms”) govern your access to and use of the eSauti platform, website, applications, APIs, plugins, and related services (collectively, the “Service”) provided by Hachther Inc., doing business as eSauti (“eSauti”, “we”, “us”, “our”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a company or another entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2) Eligibility and account responsibilities

You must be legally able to enter into a binding contract in your jurisdiction.

You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • all activities that occur under your account;
  • ensuring that your users (employees/contractors) comply with these Terms.

You must provide accurate and complete information and keep it up to date.

3) The Service (what we provide)

eSauti provides marketing automation capabilities and extensions:

  • contact management, segmentation, campaigns/journeys, tracking, reporting;
  • communication channels (e.g., email, SMS, WhatsApp, Telegram, push notification);
  • integrations (APIs/webhooks and third-party connectors);
  • AI Copilot for content generation, campaign optimization, and customer insights;
  • compliance support tooling (e.g., consent ledger/proof, DSAR workflows, vendor register, incident logs), if enabled per your plan.

No guarantee of outcomes

We do not guarantee specific business results (deliverability, conversion rates, revenue, compliance status, etc.). Your results depend on your configuration, content, audience, and third-party networks.

4) Plans, trials, billing, and taxes

4.1 Plans and trials

Your plan details (features, limits, and pricing) are described on our pricing page or order form (“Order”). Trials may be limited in time, features, or usage.

4.2 Fees and payment

You agree to pay all applicable fees for your plan and any add-ons or usage-based charges. Fees are generally non-refundable except as required by law or explicitly stated in an Order.

4.3 Usage-based services and prepaid credits

Certain features may use prepaid credits or usage-based billing (e.g., messaging volume). Credits may expire if stated in your Order and are non-refundable unless required by law.

4.4 Taxes

Fees are exclusive of taxes. You are responsible for applicable taxes, duties, or levies, except for taxes based on our net income.

4.5 Late payments

We may suspend or limit your access to the Service for late or failed payments. You remain responsible for fees accrued.

5) Acceptable Use (strict)

You may not use the Service to:

  • send spam or unsolicited messages, or violate anti-spam laws (including CASL), carrier rules, or platform policies;
  • send or store unlawful, infringing, harmful, or abusive content;
  • distribute malware, attempt unauthorized access, or disrupt networks/systems;
  • exploit or harm minors;
  • engage in harassment, hate, discrimination, or violence;
  • misrepresent identity, origin, or consent;
  • bypass or disable security features, rate limits, or access controls;
  • use the Service for high-risk activities where failure could lead to death, bodily harm, or severe physical/environmental damage.

We may investigate suspected violations and suspend/terminate accounts at our discretion.

6) Your obligations: consent, compliance, and data rights

You are solely responsible for:

  • the legality of your marketing activities and messages;
  • obtaining and maintaining all required consents and permissions (including for email/SMS/WhatsApp/push);
  • providing required notices (privacy/cookie notices, collection notices, etc.);
  • honoring opt-out/unsubscribe requests promptly;
  • responding to data subject requests (access, deletion, correction) as applicable.

Compliance tools are not legal advice

Compliance features provided by eSauti are tooling support only. Using eSauti does not make you “compliant” automatically.

7) Third-party services and channels

The Service may integrate with third-party providers and networks (e.g., hosting, analytics, email/SMS gateways, WhatsApp/Telegram platforms, app marketplaces). These third parties have their own terms and may enforce policies or suspend services.

We are not responsible for:

  • outages, policy changes, or enforcement by third parties;
  • message delivery failures caused by carriers/networks, spam filtering, or provider decisions;
  • changes to third-party APIs and platforms.

8) Content and data

8.1 Your Content

“You Content” includes all data, text, contacts, files, messages, templates, and other materials you submit to the Service.

You represent and warrant that:

  • you have all rights and permissions to use and upload Your Content;
  • Your Content does not violate laws or third-party rights;
  • you have a lawful basis to process personal data contained in Your Content.

8.2 License to operate the Service

You grant eSauti a limited, non-exclusive license to host, process, transmit, and display Your Content only as necessary to provide and improve the Service, prevent abuse, and comply with law.

8.3 Security

We use reasonable administrative, technical, and organizational measures to protect the Service. However, no system is 100% secure. You are responsible for securing your users, devices, and integration keys.

9) API, integrations, and rate limits

You may access APIs/webhooks subject to documentation, rate limits, and fair use. You may not:

  • exceed rate limits or attempt to circumvent them;
  • reverse engineer or scrape private endpoints;
  • use the API to create a competing service.

We may modify or discontinue APIs with reasonable notice where practical.

10) Intellectual property

The Service and its components (software, UI, brand, logos, documentation) are owned by eSauti or its licensors and are protected by intellectual property laws.

You may not copy, resell, sublicense, or distribute the Service except as explicitly allowed by these Terms.

11) Confidentiality

Each party may receive confidential information from the other. You agree not to disclose our confidential information except to your employees/contractors who need it and are bound by confidentiality obligations.

12) Suspension and termination

12.1 Termination by you

You may stop using the Service and cancel your subscription according to your plan’s cancellation rules.

12.2 Termination or suspension by eSauti

We may suspend or terminate your access:

  • for violations of these Terms or law;
  • for non-payment;
  • to protect the Service, other users, or third parties;
  • if required by law or a third-party provider.

12.3 Effect of termination

Upon termination:

  • your right to access the Service ends;
  • we may delete Your Content after a reasonable period, subject to retention obligations and backups;
  • any outstanding fees remain due.

13) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, eSauti DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that messages will be delivered.

14) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • eSauti WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
  • eSauti’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO eSauti FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR {{CAD 100}} IF YOU ARE ON A FREE PLAN), WHICHEVER IS GREATER.

15) Indemnification

You agree to defend, indemnify, and hold harmless eSauti and its directors, officers, employees, and contractors from any claims, damages, liabilities, losses, and expenses (including legal fees) arising from or related to:

  • Your Content;
  • your marketing practices (consent, opt-out, privacy/cookies);
  • your use of channels/providers/integrations;
  • your violation of law or third-party rights;
  • your breach of these Terms.

16) Changes to the Service and Terms

We may modify the Service and these Terms. If changes are material, we will provide notice (e.g., on the website or via email). Continued use after the effective date means you accept the updated Terms.

17) Governing law and dispute resolution

These Terms are governed by the laws of Quebec City, Canada, without regard to conflict-of-law rules.

Any dispute will be brought in the courts located in Quebec City, Canada, and you consent to that jurisdiction, unless an Order specifies arbitration or another forum.

18) Miscellaneous

  • Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or asset sale.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • No waiver: Failure to enforce a provision is not a waiver.
  • Entire agreement: These Terms and any Order constitute the entire agreement between you and eSauti regarding the Service.

19) Contact

Questions about these Terms:
Email: support@esauti.com
Privacy contact: privacy@esauti.com Address: 23 Rue Sainte-Cécile, Quebec City, QC G1E 4V2, Canada