Terms of Service

Effective Date: 25 February 2026 · Last Updated: 25 February 2026

These Terms of Service (the "Agreement") govern your access to and use of the services provided by Polly Technologies FZ-LLC ("Message Polly", "we", "us", "our"). By accessing or using the Platform, signing an Order, or clicking to accept this Agreement, the entity you represent ("Client") agrees to be bound by these terms. The individual accepting this Agreement represents that they have authority to bind that entity.

1. The Platform

1.1 Description. Message Polly provides an AI-powered platform for managing WhatsApp Business messaging and Meta advertising campaigns (the "Platform"). The Platform includes our AI agent ("Polly"), campaign management tools, analytics, and first-party measurement capabilities. Clients do not receive access to the underlying code or software.

1.2 Subscription. Subject to this Agreement and any applicable order form ("Order"), Message Polly grants Client a non-exclusive, non-transferable right to access and use the Platform during the Subscription Period solely for Client's internal business purposes. Access is limited to users authorised by Client ("Users").

1.3 Ownership. Message Polly owns all right, title, and interest in the Platform, including Polly and all underlying technology, algorithms, models, and improvements. Nothing in this Agreement transfers any intellectual property rights to Client. There are no implied licences.

1.4 Third-Party Services and API Dependency. The Platform integrates with Meta's APIs and WhatsApp Business APIs (collectively "Third-Party Services"). Client's use of Third-Party Services is governed by those providers' own terms. Message Polly makes no warranties regarding Third-Party Services and is not liable for their availability, performance, or any changes to their terms or APIs.

The Platform's core functionality depends on continued access to Third-Party Services. Message Polly does not guarantee the continued availability of any Third-Party Service API. If Meta, WhatsApp, or any other third-party provider changes, restricts, deprecates, or terminates API access in a manner that materially affects the Platform, this does not constitute a breach by Message Polly and does not entitle Client to a refund or termination for cause. Message Polly will use commercially reasonable efforts to notify Client of material API changes as soon as reasonably practicable.

1.5 Service Availability. Message Polly will use commercially reasonable efforts to maintain Platform availability. No specific uptime commitment is made unless set out in a separate SLA addendum signed by both parties.

1.6 Meta Tech Provider Status. Message Polly operates as a Tech Provider under Meta's Platform Terms. In this capacity, Message Polly is required to maintain a list of its Clients and to provide that list, along with Client contact information and details of Client's use of the Platform, to Meta upon request as part of Meta's audit and compliance processes. By entering into this Agreement, Client acknowledges and consents to such disclosure to the extent required by Meta's Platform Terms and WhatsApp Business Solution Terms.

1.7 WhatsApp Terms Acceptance. Client must independently accept Meta's WhatsApp Business Solution Terms with Meta before accessing any WhatsApp Business functionality through the Platform. By signing an Order that includes WhatsApp Business messaging functionality, Client represents and warrants that it has accepted the WhatsApp Business Solution Terms directly with Meta and remains in compliance with those terms throughout the term of this Agreement.

If Client has not accepted the WhatsApp Business Solution Terms at the time of signing, Message Polly will suspend access to WhatsApp Business functionality until Client provides written confirmation of acceptance. Message Polly does not accept WhatsApp Business Solution Terms on behalf of Client and has no authority to bind Client to any Meta terms. Client is solely responsible for all obligations arising from its relationship with Meta, including compliance with the WhatsApp Business Solution Terms. Client acknowledges that Message Polly accesses WhatsApp Business functionality through Client's own WABA and system user permissions, and that Client's direct relationship with Meta for WhatsApp Business services is independent of and separate from this Agreement.

2. Client Responsibilities and Acceptable Use

2.1 Compliance. Client is solely responsible for ensuring its use of the Platform complies with all applicable laws and regulations, including data protection laws in all jurisdictions where it operates, Meta's Platform Terms, WhatsApp Business Policy, WhatsApp Business Solution Terms, and advertising standards applicable to its campaigns.

2.2 WhatsApp and Meta Obligations. Client represents and warrants that:

It holds a valid WhatsApp Business Account ("WABA") and Meta Business Manager in good standing, and that neither is subject to any existing restriction, suspension, warning, or enforcement action by Meta at the time of signing and throughout the term of this Agreement
All WhatsApp messages sent via the Platform are to End Users who have provided valid, documented opt-in consent meeting Meta's and WhatsApp's requirements, and that Client maintains records of such consent and will provide them to Message Polly upon request within five (5) business days, or within twenty-four (24) hours where Message Polly notifies Client that Meta is actively investigating a complaint or enforcement matter relating to Client's account
All advertising content and audience data comply with Meta's policies and applicable law
It will not use the Platform to send spam, unsolicited messages, or content that violates applicable regulations
It will notify Message Polly immediately, and in any event within twenty-four (24) hours, if Meta contacts Client regarding any policy violation, account restriction, or enforcement action related to Client's WABA or Meta ad accounts
It will maintain at least one active system administrator on its WABA at all times as required by Meta's WhatsApp Business Solution Terms
It will not take any action to prevent Message Polly from complying with Meta's instructions regarding Client's WABA, including instructions to restrict, suspend, or transfer the WABA

Message Polly reserves the right to request evidence of Client's opt-in records at any time. Failure to provide such evidence within the applicable production window constitutes a material breach of this Agreement and grounds for immediate suspension under Section 5.4.

2.3 End User Data. Client is the data controller for all End User data processed through the Platform. Client represents that it has obtained all consents and provided all disclosures required by applicable law to collect and process End User data and to share it with Message Polly as a data processor. Client indemnifies Message Polly against any claim arising from Client's failure to meet these obligations.

2.4 First-Party Measurement. If Client elects to deploy Message Polly's first-party measurement technology on its website, Client is solely responsible for updating its own privacy notice, obtaining valid cookie consent from its website visitors, and complying with all applicable data protection and ePrivacy laws in connection with such deployment.

2.5 Account Security. Client is responsible for all activity on its account and must maintain the security of its credentials. Client must notify Message Polly immediately of any unauthorised access.

2.6 Acceptable Use. Client must not use the Platform to:

Send unsolicited commercial messages or messages to recipients who have not provided valid opt-in consent
Transmit content that is unlawful, defamatory, harassing, fraudulent, or deceptive
Promote or advertise: adult content, illegal goods or services, weapons, tobacco or vaping products, gambling services (unless Client holds all required licences and has obtained Message Polly's prior written approval), or cryptocurrency products without required regulatory disclosures
Conduct phishing, spoofing, or any form of social engineering
Process or transmit malware, viruses, or any harmful code
Violate Meta's Platform Terms, WhatsApp Business Policy, or any applicable advertising standards
Circumvent or attempt to circumvent any usage limits, security controls, or access restrictions on the Platform
Use the Platform to build a competing product or service
Use Platform Data obtained via Meta's APIs to discriminate against individuals based on protected characteristics including race, ethnicity, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, or medical condition
Use Platform Data to make eligibility determinations regarding housing, employment, credit, insurance, education, government benefits, or immigration status
Use Platform Data to conduct surveillance for law enforcement or national security purposes
Build or augment user profiles using Platform Data without valid User consent
Transfer Platform Data obtained from Meta to data brokers or data aggregation services
Engage in any other Prohibited Practice as defined in Meta's Platform Terms, as updated from time to time

Client is expressly prohibited from processing Platform Data obtained via the Platform in any manner that violates Meta's Platform Terms or WhatsApp Business Solution Terms. Message Polly may provide evidence of this contractual prohibition to Meta upon request.

Message Polly reserves the right to update this list of prohibited uses by providing written notice to Client.

2.7 Advertising Spend. Client acknowledges that all advertising spend incurred through Client's connected Meta ad accounts is Client's sole financial responsibility, including spend resulting from automated actions taken by Polly based on Client's configured objectives, budget parameters, and permissions. Message Polly does not hold, advance, guarantee, or reimburse any advertising budget. Client is solely responsible for setting and monitoring budget caps within their Meta ad accounts.

Message Polly's liability for advertising overspend is excluded to the fullest extent permitted by applicable law, including where such overspend results from Polly's automated bidding or campaign optimisation actions operating within Client's configured parameters. This exclusion does not apply to overspend directly caused by Message Polly's gross negligence or wilful misconduct, nor to any liability that cannot be excluded under applicable law.

To mitigate this risk, Client should configure budget caps and daily spend limits directly within its Meta ad account. Message Polly will use commercially reasonable efforts to operate Polly within Client's configured parameters but cannot guarantee that Meta's systems will honour all limit configurations in real time.

2.8 WhatsApp Conversation Fees. WhatsApp conversation fees are charged by Meta directly to Client through Client's own Meta Business Manager. Message Polly has no role in billing, collecting, or passing through WhatsApp conversation fees and is not responsible for any such fees or changes to Meta's fee structure.

2.9 WABA Access. Message Polly accesses Client's WABA exclusively via system user permissions granted by Client through Client's own Meta Business Manager. Message Polly does not hold ownership or control of Client's WABA at any time. Client may revoke Message Polly's system user access at any time through their Meta Business Manager. Message Polly will not request or retain system user permissions beyond what is necessary to provide the Platform.

3. Polly — AI Agent

3.1 Automated Actions. Polly executes automated actions on Client's connected accounts — including Meta ad accounts and WhatsApp Business Accounts — based on Client's configured objectives and permissions. Client acknowledges that Polly acts on Client's instruction and that Client retains responsibility for all actions taken by Polly within Client's accounts.

3.2 Client Oversight. Client is responsible for configuring appropriate guardrails, reviewing Polly's actions, and monitoring campaign performance. Message Polly does not guarantee specific advertising outcomes, ROAS targets, or campaign results.

3.3 No Liability for Third-Party Account Actions. Message Polly is not liable for any suspension, restriction, or penalties imposed by Meta or WhatsApp on Client's accounts, whether or not such actions arise from Polly's automated activity, provided Message Polly has acted in accordance with Client's instructions and this Agreement.

3.4 Data Use Restrictions. Message Polly will not use WhatsApp Business Solution Data (including message content, metadata, and conversation data) to train, develop, or improve any AI model. Aggregated or anonymised analytics derived from Business Solution Data will not be used for model training purposes. This restriction applies without exception pending written confirmation from Meta that any specific use is permitted under the WhatsApp Business Solution Terms.

4. Fees and Payment

4.1 Fees. Client will pay the fees set out in the applicable Order ("Fees"). All Fees are stated in the currency specified in the Order and are non-cancellable and non-refundable except as expressly set out in this Agreement.

4.2 Payment. Fees are due as specified in the Order. Message Polly may suspend access to the Platform if undisputed Fees remain unpaid for more than fourteen (14) days after the due date, following written notice to Client.

Overdue amounts accrue interest at nine percent (9%) per annum above the UAE Central Bank base rate from the due date until the date of actual payment, without prejudice to any other remedy available to Message Polly.

By signing an Order that specifies recurring fees, Client expressly authorises Message Polly to charge Client's payment method on file for all recurring Fees at the start of each Subscription Period without requiring further authorisation, until Client cancels in accordance with Section 5.1 or updates their payment method. Client is responsible for maintaining a valid payment method on file at all times.

4.3 Taxes. Fees exclude applicable taxes, including VAT. Client is responsible for all taxes arising from its purchase. Where Message Polly is required by law to collect taxes, it will invoice Client accordingly.

4.4 Fee Changes. Message Polly may revise Fees with at least thirty (30) days' written notice prior to the start of the next Subscription Period. Client's continued use after the new Subscription Period begins constitutes acceptance of revised Fees.

5. Term and Termination

5.1 Term. This Agreement commences on the date of acceptance or the start date specified in the Order and continues for the Subscription Period. It will automatically renew for successive periods of the same duration unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current period.

Message Polly will provide Client with a written renewal reminder no later than forty-five (45) days before the end of each Subscription Period, notifying Client of the upcoming renewal date and the applicable fees. Failure to provide this reminder does not prevent automatic renewal but entitles Client to terminate this Agreement within fourteen (14) days of receiving a late or post-renewal notice, with a pro-rata refund of prepaid fees for the unused period.

5.2 Termination for Cause. Either party may terminate this Agreement with written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice.

5.3 Termination for Convenience. Either party may terminate this Agreement for any reason with thirty (30) days' written notice, subject to Client paying all Fees accrued or committed through the end of the then-current Subscription Period.

5.4 Immediate Suspension. Notwithstanding Sections 5.2 and 5.3, Message Polly may immediately suspend Client's access to the Platform, without notice or liability, if Message Polly reasonably determines that Client:

Is in breach of Section 2.6 (Acceptable Use) or Section 2.7 (Advertising Spend)
Is violating Meta's Platform Terms or WhatsApp Business Policy in a manner that exposes Message Polly's Tech Provider status, system user access, or API permissions to restriction, suspension, or termination by Meta
Has failed to notify Message Polly of a Meta enforcement action as required by Section 2.2
Is engaged in activity that is or may be unlawful or that creates material regulatory risk for Message Polly
Is involved in activity that poses an immediate security threat to the Platform or other clients

Message Polly may also immediately terminate or suspend Client's access, without liability or obligation to provide a refund, upon written instruction from Meta Platforms or WhatsApp to do so. Where Meta's instruction provides for a wind-down period (typically 30 days), Message Polly will honour that period unless Meta requires immediate action. Message Polly will notify Client of any such instruction as soon as reasonably permitted by Meta.

Message Polly will notify Client of any suspension as soon as reasonably practicable after the fact. Suspension does not limit Message Polly's right to subsequently terminate for cause. No refund or credit is due for any period of suspension resulting from Client's breach or Meta's instruction.

5.5 Effect of Termination. Upon termination, all licences granted to Client immediately terminate.

Within thirty (30) days of termination of this Agreement for any reason, Message Polly will:

Make Client's Platform data available for export in a commonly used machine-readable format
Revoke all system user access to Client's WABA and Meta Business Manager and confirm revocation in writing
Return or delete all copies of Client's WhatsApp Business Solution Data from Message Polly's systems, subject to any retention required by applicable law, and provide written confirmation of deletion upon request

Client acknowledges that as a Tech Provider, Message Polly has never held ownership or control of Client's WABA. Client retains full control of its WABA at all times and may connect a replacement provider directly through its Meta Business Manager independently of and without any action required from Message Polly.

5.6 Pilot and Trial Access. Where Client accesses the Platform under a pilot, trial, or proof-of-concept arrangement (as specified in the applicable Order), such access is provided strictly "as-is" with no uptime commitment, no SLA, and no warranties beyond those required by applicable law. Either party may terminate a pilot arrangement on seven (7) days' written notice. Pilot access does not obligate either party to enter into a paid subscription. Fees, if any, applicable to a pilot are set out in the Order.

6. Confidentiality

6.1 Definition. Each party may disclose confidential or proprietary information to the other ("Confidential Information"). Message Polly's Confidential Information includes the Platform, Polly, pricing, and non-public technical information. Client's Confidential Information includes its business data, campaign data, and End User data.

6.2 Obligations. Each party will protect the other's Confidential Information using at least the same care it uses for its own confidential information (no less than reasonable care), will not disclose it to third parties without prior written consent, and will use it solely to fulfil obligations under this Agreement.

6.3 Exceptions. Confidentiality obligations do not apply to information that is or becomes publicly available without breach, was known to the Receiving Party prior to disclosure, is independently developed, or must be disclosed by law. In the event of compelled disclosure, the Receiving Party will provide prompt notice and cooperate with any protective measures sought.

7. Data

7.1 Client Data. As between the parties, Client owns all data it submits to the Platform ("Client Data"), including End User data. Client grants Message Polly a limited licence to process Client Data solely to provide the Platform.

Client acknowledges that Platform Data processed by Message Polly on Client's behalf is maintained separately from data processed on behalf of other Clients. Client must not attempt to access, combine, or share Platform Data with any other Client of Message Polly.

7.2 Processor Obligations. Message Polly will process Client Data only on Client's documented instructions, implement appropriate technical and organisational security measures, and assist Client in meeting its data protection obligations. These obligations are governed by Message Polly's Data Processing Agreement ("DPA"), which is incorporated by reference and available at messagepolly.com/dpa (Version 1.1, dated 25 February 2026). For Clients whose processing is subject to GDPR, a signed DPA incorporating the Standard Contractual Clauses must be executed before any GDPR-regulated personal data is processed.

7.3 Aggregated Data. Message Polly may use aggregated, anonymised, and de-identified data derived from Platform usage to improve the Platform, provided that such data does not identify Client or any End User and is not derived from WhatsApp Business Solution Data in a manner that violates Meta's data use restrictions.

7.4 AI Model Training. Message Polly will not use Client Data or WhatsApp Business Solution Data to train, fine-tune, or improve any AI model.

7.5 Feedback. Client may from time to time provide suggestions, comments, or other feedback regarding the Platform ("Feedback"). Client grants Message Polly a perpetual, irrevocable, worldwide, royalty-free, fully transferable licence to use, incorporate, and exploit any Feedback in any manner without obligation, restriction, or compensation to Client. For clarity, Feedback does not include Client Data or End User data.

7.6 Data Residency. Message Polly operates on cloud infrastructure and Personal Data may be stored and processed in multiple regions. Message Polly does not guarantee data residency in any specific jurisdiction unless expressly agreed in a separate written addendum. Client is solely responsible for assessing whether its use of the Platform complies with any data localisation or residency requirements applicable in Client's jurisdiction, including requirements under Turkish law (KVKK) and KSA PDPL. Clients processing Turkish-resident personal data must have obtained all required KVKK Board approvals or valid data subject consents for international transfer before submitting such data to the Platform, and must provide Message Polly with written confirmation of their transfer mechanism upon request. Message Polly will provide information regarding the regions in which Client's data is stored and processed to assist Client in making this assessment.

8. Warranties and Disclaimers

8.1 Mutual Warranties. Each party represents that it has full authority to enter into this Agreement and that doing so does not violate any other agreement.

8.2 Client Warranties. Client warrants that all content, data, and instructions it provides comply with applicable laws, Meta's Platform Terms, WhatsApp Business Solution Terms, and do not infringe any third-party rights.

8.3 Message Polly IP Warranty. Message Polly warrants that, to its knowledge as of the Effective Date, the Platform does not infringe any third-party intellectual property rights. If a third party brings a claim against Client alleging that the Platform itself (excluding Client Data, Third-Party Services, and any modifications made by or at the direction of Client) infringes their intellectual property rights, Message Polly will, at its own expense: (a) defend or settle the claim; and (b) indemnify Client against damages and costs finally awarded by a court or agreed in settlement. This obligation is conditional on Client: (i) notifying Message Polly promptly in writing upon becoming aware of the claim; (ii) giving Message Polly sole control of the defence and settlement; and (iii) providing reasonable cooperation.

8.4 Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN SECTION 8.3, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". MESSAGE POLLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MESSAGE POLLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL ACHIEVE ANY SPECIFIC ADVERTISING OR ROAS OUTCOMES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MESSAGE POLLY'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The liability cap in this Section 9 does not apply to:

Either party's indemnification obligations under this Agreement, including Section 10
Either party's breach of confidentiality obligations under Section 6
Client's infringement of Message Polly's intellectual property rights
Message Polly's IP indemnity obligations under Section 8.3
Any liability that cannot be limited or excluded under applicable law, including under UAE Civil Transactions Law with respect to gross negligence or wilful misconduct

Nothing in this Agreement limits liability for fraud or wilful misconduct.

10. Indemnification

10.1 Client Indemnity. Client will indemnify, defend, and hold harmless Message Polly and its officers, employees, and affiliates from any third-party claims, losses, or expenses (including reasonable legal fees) arising from: (a) Client's breach of this Agreement; (b) Client's violation of applicable law; (c) Client's failure to obtain required consents from End Users; (d) Client's advertising content or campaigns; (e) Client's use of Third-Party Services; (f) Client's breach of Section 2.6 (Acceptable Use); (g) Client's failure to comply with Meta's or WhatsApp's policies resulting in enforcement action against Message Polly's API access or infrastructure; or (h) any claim by Meta arising from Client's non-compliance with Meta's Platform Terms or WhatsApp Business Solution Terms.

10.2 Regulatory Fine Indemnity. Without limiting Section 10.1, Client will indemnify, defend, and hold harmless Message Polly from any regulatory fine, administrative penalty, or enforcement cost imposed on Message Polly by any data protection supervisory authority, advertising regulator, or other regulatory body, to the extent such fine or penalty arises directly and proximately from: (a) Client's breach of its data controller obligations, including failure to establish a valid lawful basis for processing, failure to obtain required consents, or provision of unlawful processing instructions to Message Polly; (b) Client's breach of Meta's Platform Terms or WhatsApp Business Policy; or (c) Client's submission of inaccurate, fraudulent, or unlawfully obtained data to the Platform.

For the avoidance of doubt, this indemnity does not require Client to pay fines imposed on Message Polly for Message Polly's own independent violations of applicable law. The parties acknowledge that regulatory fines are imposed directly on the responsible party by the relevant authority, and that this indemnity creates a separate civil obligation between the parties without affecting either party's independent regulatory obligations.

11. General

11.1 Governing Law. This Agreement is governed by the laws of the Dubai International Financial Centre ("DIFC"). Any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the DIFC Courts, subject to Section 11.10 (Dispute Resolution). Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from any court of competent jurisdiction.

11.2 Entire Agreement. This Agreement, together with all Orders and the DPA, constitutes the entire agreement between the parties and supersedes all prior agreements relating to its subject matter. In the event of conflict, the Order takes precedence over this Agreement, and this Agreement takes precedence over the DPA on non-data matters. Nothing in this Agreement overrides or supersedes Meta's Platform Terms or WhatsApp Business Solution Terms, which take precedence over this Agreement with respect to the use of Meta's APIs and WhatsApp Business functionality.

11.3 Amendments. Message Polly may amend this Agreement as follows:

Changes required by applicable law or regulatory authority: effective on the date required by such law or authority, with notice to Client as soon as reasonably practicable
Changes to the Acceptable Use Policy (Section 2.6): effective on thirty (30) days' written notice
Non-material operational changes: effective on thirty (30) days' written notice, with Client's continued use constituting acceptance

Material changes to Fees, liability provisions, or data processing activities require Client's affirmative written agreement and do not take effect through continued use alone. If Client objects to a permitted unilateral amendment, Client may terminate this Agreement on written notice within fourteen (14) days of receiving notice of the amendment, with a pro-rata refund of prepaid Fees for the unused period.

11.4 Assignment. Client may not assign this Agreement without Message Polly's prior written consent. Message Polly may assign this Agreement in connection with a merger, acquisition, or sale of substantially all its assets, subject to Meta's consent requirements under Meta's Platform Terms.

11.5 Severability. If any provision of this Agreement is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

11.6 Force Majeure. Neither party will be liable for failure or delay in performing its obligations under this Agreement where such failure or delay is caused by circumstances genuinely beyond that party's reasonable control, including acts of God, war, terrorism, natural disaster, pandemic, action of government or regulatory authority (other than regulatory action resulting from that party's own non-compliance), or widespread internet or infrastructure failure affecting the industry generally.

For clarity, the following events are not force majeure under this Agreement and are addressed by specific provisions elsewhere in this Agreement: changes to Meta's or WhatsApp's platform policies or API terms or availability (addressed in Section 1.4, as a known and accepted risk); Meta-instructed suspension or termination of Client access (addressed in Section 5.4); and fluctuations in advertising spend or campaign performance (addressed in Section 2.7).

11.7 No Waiver. Failure to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision.

11.8 Contact. Notices under this Agreement should be sent to legal@messagepolly.com for Message Polly, and to the contact specified in the Order for Client.

11.9 No Agency. The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between the parties.

11.10 Dispute Resolution. Before either party initiates proceedings in the DIFC Courts (other than for urgent injunctive relief), the parties must attempt to resolve the dispute through the following escalation process:

(a) Negotiation: Either party may give written notice identifying the dispute. Senior representatives of both parties must meet (in person or by video conference) within fifteen (15) business days of such notice and negotiate in good faith.

(b) Mediation: If negotiation fails to resolve the dispute within thirty (30) days of the initial written notice, either party may refer the dispute to mediation under the DIFC-LCIA Arbitration Centre Mediation Rules. The costs of mediation are shared equally.

(c) Litigation: If mediation fails or is not completed within sixty (60) days of the referral, either party may commence proceedings in the DIFC Courts under Section 11.1.

This Section does not prevent either party from seeking urgent injunctive or interim relief at any time.

Polly Technologies FZ-LLC
HD20C, First Floor, In5 Tech
Dubai Internet City
Dubai, United Arab Emirates
legal@messagepolly.com