Terms of Service

Last Updated: November 12, 2024

1. Acceptance of Terms

By accessing or using Whapi.Cloud (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, please do not use the Service. If any term does not make sense to you, please contact us at [email protected].

Note: The use of button functionality in messages is subject to additional terms specific to Button Functionality on WhatsApp with Whapi.Cloud API.

2. Changes to These Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we introduce a new feature or for other reasons.

Whenever we make changes to these Terms, the changes are effective 30 days after we post the revised Terms (indicated by updating the "Last Updated" date at the top of these Terms). It is your responsibility to check Whapi.Cloud for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

3. Privacy Policy

For information about how we collect and use information about users of the Service, please review our Privacy Policy.

4. Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to the Service.

If you discover or suspect any security breaches related to the Service, please notify us as soon as possible at [email protected].

5. Service Fees and Payment Procedures

The fees for our Service are listed on the Whapi.Cloud website. Payment is made in advance on a monthly basis, based on the service plan selected during the registration or connection request process. Semi-annual and annual payment options are available upon request. Whapi.Cloud reserves the right to revise the service fees at any time, providing a 10-day advance notice before the changes take effect. Payment is considered complete on the day the funds are credited to Whapi.Cloud's account.

In situations where a refund becomes necessary, the customer bears all associated payment system fees. Therefore, the amount refunded will be reduced by the exact fees charged by the payment gateway used during the transaction.

By paying for the Service, you acknowledge that the use or non-use of the Service's capabilities is at your sole discretion. Not using the Service after paying for it is not a reason for a refund.

6. Subscription Cancellation

You can cancel your subscription at any time by logging into your account. To cancel your subscription, go to the Billing page within your account and disable your subscription. You can also email our support team for assistance. Your cancellation will take effect at the end of the current paid term.

7. Third-Party Services

From time to time, we may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use of applications developed or owned by third parties. Your use of such third-party applications, websites, and services is governed by that party's own terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policies of any third-party applications, websites, or services that you visit or use.

8. Disclaimer and Limitation of Liability

8.1. Independent Tool

Whapi.Cloud is an independently developed, unofficial tool intended to assist small and medium businesses in automating their operations through WhatsApp. We are not endorsed by, supported by, or associated with WhatsApp™, Meta™, or any of their affiliates or subsidiaries.

8.2. Potential Violation of WhatsApp Terms

The use of Whapi.Cloud may potentially violate WhatsApp's Terms and Conditions. We assume no responsibility for any actions taken by WhatsApp against users of our tool.

8.3. Button Functionality

Please be aware that the use of button functionality in messages is governed by specific additional terms due to its dependency on Meta's system updates.

8.4. Service Availability

We cannot guarantee uptime or business continuity for this Service. Users agree to use the Service "as is" and accept that it may become temporarily unavailable due to updates to WhatsApp's web version or other changes implemented by WhatsApp. We do not bear responsibility for any business losses incurred during these periods and do not provide refunds.

8.5. Account Blocking by WhatsApp

Users understand and agree that their accounts and/or phone numbers could be blocked or banned by WhatsApp's automatic anti-spam system at any time. Whapi.Cloud is not responsible for such blocking or banning, nor for any inability to access our Service, API, accounts, etc., due to users' equipment, software, or internet connection failures. Similarly, we are not liable if users are unable to access the Service or API due to changes in software implemented by WhatsApp™ & Meta™.

8.6. Limitation of Liability

In no event will Whapi.Cloud be liable for any special, indirect, incidental, exemplary, or consequential damages of any kind arising out of or in connection with the use of our Service or any other service and/or content included or made available through our Service, regardless of the form of action, whether in contract, tort, strict liability, or otherwise. Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to Whapi.Cloud in the three (3) months preceding the claim.

8.7. Indemnification

By using our Service, you accept responsibility for all legal and financial consequences resulting from your use. This includes defending, indemnifying, and holding us harmless from any and all expenses we may incur as a result of claims or demands from third parties. These expenses may include attorneys' fees, costs, penalties, interest, and other disbursements. Such claims may arise from:

• Your use of the Service.
• Any person using your account's use of the Service.
• Any violation of applicable laws or regulations.
• Any infringement of third-party rights.
• Any breach of these Terms by you.

9. Your Content and Conduct

9.1. User Content

Our Service allows you and other users to post, link, and otherwise make available content. You are solely responsible for the legality, reliability, and appropriateness of the content you make available to the Service.

9.2. License to Whapi.Cloud

By posting, linking, or making available content to the Service, you grant Whapi.Cloud the right and license to use, reproduce, modify, publicly perform, publicly display, and distribute your content on or through the Service. Whapi.Cloud reserves the right to format your content for display throughout the Service but will not edit or revise the substance of your content itself.

9.3. Retention of Rights

You retain all of your rights to the content you post, link, or otherwise make available on or through the Service, except for the limited rights granted to us in these Terms.

9.4. Prohibited Content

You are strictly prohibited from posting content that is:

• Libelous, defamatory, or discriminatory.
• Fraudulent, deceptive, or illegal.
• Infringing upon any intellectual property rights.
• Spam or unauthorized advertising.
• Containing personal information of any third party without consent.
• Containing harmful files or code.

9.5. Prohibited Conduct

While using our Service, you agree not to engage in any activities that could interfere with other users' experience or the functioning of the Service. Prohibited actions include, but are not limited to:

• Impersonating others.
• Collecting personal information about other users without consent.
• Intimidating or harassing other users.
• Creating an account if you are under 13 years of age.
• Circumventing our security measures.

9.6. Legal Compliance

You are obligated to comply with all legal requirements, including:

• Copyright laws.
• Intellectual property rights.
• Personal rights.
• International laws.
• Only transmitting information to users who have consented to receive it.

9.7. Responsibility for Account Activity

You bear full responsibility for all actions carried out under your account, including any cases of voluntary data transfer. We reserve the right to make urgent changes to the Service without prior notice to ensure its regular provision.

9.8. Liability for Violations

You are solely responsible for the origin, content, and reliability of the information you post using the Service. If you violate the terms of this Agreement or any laws, you bear full responsibility for your actions relating to the use of the Service, including any violations of the rights and legitimate interests of Whapi.Cloud or third parties.

9.9. Messaging Restrictions

These requirements are mandatory for sending any messages using Whapi.Cloud. It is prohibited to:

• Advertise goods or services that are banned from production and sale according to the law.
• Advertise unregistered religious organizations and spiritual educational institutions.
• Use messages to propagate or agitate for violent change of the constitutional system, violation of territorial integrity, or undermining the security of the state.
• Incite social, racial, national, religious, class, or clan strife.
• Promote the cult of cruelty and violence, pornography, cynicism, or degradation of human honor and dignity.
• Disseminate information constituting state secrets or other secrets protected by law.
• Organize or send spam.

9.10. Right to Block Access

We have the right to block your access to the Service in case of any violations of this Agreement, current legislation, or international legislation.

10. Termination

We reserve the right to suspend or disable your access to or use of the Service at any time if you breach any of these Terms.

You may terminate this Agreement at any time by canceling your account and discontinuing use of the Service.

11. Feedback

We greatly appreciate and welcome your feedback, comments, and suggestions about our Service, these Terms, and Whapi.Cloud in general. Please note that when you share such feedback with us, you irrevocably grant us all rights, titles, and interests in and to these comments and suggestions, without any expectation of compensation.

12. Entire Agreement

These Terms constitute the entire agreement between you and Whapi.Cloud regarding the use of the Service and supersede all prior agreements between you and Whapi.Cloud.

13. Severability

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

14. Waiver

The failure of Whapi.Cloud to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you have any questions about these Terms, please contact us at [email protected].