Terms of Service

By accessing or using WaSMS ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you (either an individual or a legal entity, "Customer") and WaSMS ("Company", "we", "us", or "our"). If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity. We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our platform. Continued use of the Service after changes constitutes acceptance of the updated Terms.

"Service" means the WaSMS platform, including all features, APIs, and associated services. "Account" means your registered account for accessing the Service. "Workspace" means an Organization environment within the Service, associated with your Account. "Content" means any data, text, files, or messages that you transmit through the Service. "Contact" means an end user whose information you store in the Service for the purpose of communication. "Subscription" means your paid or free plan for using the Service.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: - Use the Service to send unsolicited messages (spam) or messages to individuals who have not opted in to receive communications from you. - Use the Service to transmit unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content. - Attempt to circumvent any limitations imposed by WhatsApp, Meta, or other third-party platforms. - Use the Service to violate any applicable laws or regulations, including data protection laws (GDPR, CCPA, PDPA, etc.). - Reverse engineer, decompile, or attempt to extract the source code of the Service. - Share your account credentials with any third party. We reserve the right to suspend or terminate accounts found in violation of these terms, without prior notice, at our sole discretion.

To access the Service, you must register for an Account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your Account. Each Account is for use by a single organization. You may invite team members ("Users") to your Workspace as permitted by your Subscription plan.

The Service is provided on a subscription basis. Subscription fees are billed in advance on a monthly or annual basis, as selected at checkout. All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. You may cancel your Subscription at any time; cancellation takes effect at the end of the current billing period. We may change our pricing with 30 days' notice. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing. Failure to pay subscription fees may result in suspension or termination of your Account.

You are solely responsible for ensuring that your use of the Service complies with all applicable messaging laws and platform policies, including but not limited to: - WhatsApp Business Policy and Commerce Policy - GDPR (European Union) - TCPA (United States) - CASL (Canada) - PDPA (Pakistan, Singapore, Thailand) You must obtain valid consent from all Contacts before sending them messages. You must provide a clear and easy opt-out mechanism in all messages. You must honor opt-out requests promptly. WaSMS is a platform and is not responsible for the content of messages you send. You indemnify and hold harmless WaSMS against any claims arising from your messaging activities.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of all data you submit to the Service ("Customer Data"). You grant WaSMS a limited license to store, process, and transmit Customer Data solely to provide the Service. WaSMS will not sell your Customer Data to third parties. We may share data with third-party subprocessors (e.g., cloud infrastructure, email delivery) solely to provide the Service. A current list of subprocessors is available at wasms.net/subprocessors. Upon termination of your Account, we will delete your Customer Data within 30 days, except where we are required to retain it by law.

The Service, including all software, algorithms, user interfaces, and documentation, is the exclusive intellectual property of WaSMS and its licensors. These Terms do not grant you any rights in the Service other than the limited right to use it as described herein. You retain full ownership of your Customer Data and any content you create using the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WaSMS does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Third-party messaging platforms (WhatsApp, SMS carriers, etc.) are outside our control, and we do not guarantee message delivery rates.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WASMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WaSMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO WaSMS IN THE THREE MONTHS PRECEDING THE CLAIM.

You may terminate your Account at any time by contacting [email protected] or via your Account settings. WaSMS may suspend or terminate your Account immediately, without prior notice, if: (a) you violate these Terms; (b) your use of the Service poses a security risk; (c) we are required to do so by law; or (d) your Subscription payment is overdue by more than 14 days. Upon termination, your right to access the Service immediately ceases. Sections 7, 8, 9, 10, and 12 survive termination.

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration. For customers in the European Union, you retain the right to lodge a complaint with your local data protection authority.

For questions about these Terms, please contact: WaSMS Legal Team Email: [email protected] Response time: 5 business days