Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing and using Wapa ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

2. Description of Service

Wapa provides WhatsApp Business API integration services that allow businesses to send and receive WhatsApp messages, manage customer communications, and automate messaging workflows.

Our services include message sending, webhook processing, contact management, and analytics. The Service is provided on an "as is" and "as available" basis.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials. You agree not to disclose your credentials to any third party and to notify us immediately of any unauthorized use of your account.

You are fully responsible for all activities that occur under your account, even if such activities are not authorized by you.

4. WhatsApp Business API Compliance

By using our Service, you agree to comply with WhatsApp Business API terms and policies, including:

  • WhatsApp Business Terms of Service: You must comply with WhatsApp's terms
  • WhatsApp Business Policy: You must follow WhatsApp's business policies
  • WhatsApp Commerce Policy: You must comply with commerce guidelines
  • Message templates: You must use approved message templates
  • User consent: You must have proper consent to message users

We reserve the right to suspend or terminate your account if you violate WhatsApp policies or guidelines.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Send spam, unsolicited messages, or promotional content without consent
  • Harass, threaten, or intimidate others through the Service
  • Send content that is illegal, harmful, or violates third-party rights
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to the Service or related systems
  • Use the Service to violate any applicable laws or regulations
  • Impersonate any person or entity or falsely state affiliation

5.2 Message Content

You are solely responsible for all messages sent through the Service. You must ensure that all content:

  • Complies with applicable laws and regulations
  • Does not infringe on any third-party rights
  • Is not defamatory, obscene, or harmful
  • Complies with WhatsApp's content policies

6. Fees and Payment

6.1 Pricing

We offer various pricing plans for our services. Current pricing is available on our website and may be updated from time to time. All fees are quoted in USD unless otherwise specified.

6.2 Payment Terms

Fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payments are non-refundable except as required by law or as explicitly stated in these Terms.

6.3 WhatsApp Fees

You are responsible for any fees charged by WhatsApp for Business API usage. These fees are separate from our Service fees and are billed directly by WhatsApp or through your WhatsApp Business account.

7. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including:

  • General Data Protection Regulation (GDPR) if applicable
  • California Consumer Privacy Act (CCPA) if applicable
  • Other applicable privacy and data protection laws

You must obtain proper consent from individuals before sending them messages through the Service.

8. Intellectual Property

8.1 Our Intellectual Property

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

8.2 Your Content

You retain all rights to the content you send through the Service. By using the Service, you grant us a limited license to process and transmit your content solely for the purpose of providing the Service.

You represent and warrant that you have all necessary rights to the content you send through the Service.

9. Termination

9.1 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Violation of WhatsApp policies
  • Illegal or harmful use of the Service
  • Non-payment of fees
  • At our sole discretion for any reason

9.2 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease.

9.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. Sections that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • The quality of any products, services, information, or other material obtained through the Service will meet your expectations
  • Any errors in the Service will be corrected

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Wapa and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your content caused damage to a third party

13. Governing Law

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

You agree to submit to the personal jurisdiction of the courts located within Delaware for any disputes arising from these Terms.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of significant changes by posting the new terms on this page.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@wapa.com

Address: Wapa Legal Department

123 Business Street

Suite 100

City, State 12345

Phone: +1 (555) 123-4567

By using our services, you acknowledge that you have read and understood these Terms of Service.