SendWhapp - WhatsApp API Marketing Platform
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Terms of Service

Please read these terms carefully before using our service

1. Acceptance of Terms

By accessing or using the SendWhapp website and WhatsApp API marketing platform, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our Site. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Description of Service

SendWhapp provides a platform that enables businesses to communicate with their customers through the WhatsApp Business API. Our Service includes tools for sending messages, managing contacts, analyzing message performance, and other related features.

You acknowledge that your use of our Service is also subject to WhatsApp's Business Terms of Service and Privacy Policy. We are not responsible for WhatsApp's policies or any changes to WhatsApp's platform that may affect our Service.

3. Account Registration

To use our Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Be responsible for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to refuse service, suspend or terminate accounts, or remove or edit content in our sole discretion.

4. Acceptable Use

You agree not to use the Service for any illegal or unauthorized purpose. You must comply with all applicable laws, rules, and regulations in your use of the Service, including but not limited to:

  • WhatsApp's Business Terms of Service and Commerce Policy
  • Telephone Consumer Protection Act (TCPA)
  • General Data Protection Regulation (GDPR)
  • Other applicable data protection and privacy laws

Prohibited Activities

You may not use the Service to:

  • Send spam, unsolicited messages, or any form of harassing or abusive communications
  • Engage in fraudulent, deceptive, or misleading practices
  • Violate any third-party rights, including intellectual property or privacy rights
  • Distribute viruses or other harmful computer code
  • Collect information about others without their consent
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorized access to the Service or its related systems

5. Message Content

You are solely responsible for all content you send through the Service, including compliance with WhatsApp's message template policies and content restrictions.

WhatsApp may reject or require changes to message templates you submit for approval. We are not responsible for WhatsApp's approval decisions or delays in the approval process.

You represent and warrant that you have all necessary rights to send all content through the Service and that such content does not violate any laws or third-party rights.

6. Fees and Payment

Our Service is offered on both free and paid subscription plans. For paid plans:

  • You agree to pay all fees specified in your subscription plan.
  • Fees are billed in advance on a recurring basis (monthly or annually).
  • All fees are non-refundable except as expressly stated in these Terms.
  • We may change our fees at any time without any notice.

You must provide accurate billing information and promptly update any changes. Failure to pay may result in suspension or termination of your account.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by SendWhapp and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, create derivative works, reverse engineer, or attempt to extract the source code of the Service without our express written permission.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SendWhapp or its affiliates. You must not use such marks without our prior written permission.

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at info@sendwhapp.com.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO WHATSAPP'S PLATFORM, INCLUDING CHANGES TO THEIR API, POLICIES, OR SERVICE AVAILABILITY.

10. Limitation of Liability

IN NO EVENT SHALL SENDWHAPP, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE SERVICE
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
  • ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless SendWhapp and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property or privacy right
  • Any content you send through the Service

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

13. General

Entire Agreement: These Terms constitute the entire agreement between you and SendWhapp regarding the Service and supersede all prior agreements.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Contact: For questions about these Terms, please contact us at info@sendwhapp.com.

Need Help Understanding Our Terms?

Contact our team for any questions about our Terms of Service