Terms & Conditions

3.1 Account Creation: To use our Service, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including API keys.

3.2 Account Security: You are solely responsible for all activities that occur under your account. You must:

• Keep your API keys secure and confidential
• Not share your credentials with unauthorized parties
• Immediately notify us of any unauthorized access or security breaches
• Use strong authentication methods and rotate API keys regularly

3.3 Multi-Tenant Environment: Our Service operates in a multi-tenant architecture. We implement strict data isolation and encryption (AES-256-GCM) to ensure your data remains secure and separate from other tenants.

4.1 API Keys: We provide two types of API keys:

• System API Keys: Administrative access for tenant management operations
• Tenant API Keys: Scoped access for message sending and tenant-specific operations

4.2 Rate Limits: Your use of the API is subject to rate limits based on your subscription plan. Excessive API usage may result in temporary throttling or suspension.

4.3 Idempotency: You must use idempotency keys for non-idempotent operations (such as message sending) to prevent duplicate processing.

4.4 Compliance: You must use the API in compliance with WhatsApp Business API policies, applicable laws, and these Terms.

5.1 Data Encryption: All sensitive data, including WhatsApp Business Account credentials and message payloads, is encrypted at rest using AES-256-GCM encryption.

5.2 Data Processing: We process your data solely to provide the Service. We do not sell, rent, or share your data with third parties except as necessary to provide the Service or as required by law.

5.3 Audit Logs: We maintain immutable audit logs of all system actions for compliance, security monitoring, and debugging purposes. Audit logs include message sends, tenant operations, and system events.

5.4 Data Retention: Message data is retained according to your subscription plan. Finalized messages are archived to cold storage for compliance and record-keeping purposes.

5.5 Your Responsibilities: You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including GDPR, POPIA, and other regional privacy regulations.

6.1 Service Availability: We strive to provide high availability and reliability. However, we do not guarantee uninterrupted access to the Service.

6.2 Maintenance: We may perform scheduled maintenance that may temporarily affect Service availability. We will provide advance notice of planned maintenance when possible.

6.3 Message Delivery: While we implement retry logic and delivery optimization, we cannot guarantee message delivery as it depends on factors outside our control, including WhatsApp's infrastructure and recipient availability.

6.4 Service Level Agreements (SLA): Specific SLA terms are provided in your subscription agreement and may vary based on your plan tier.

7.1 Subscription Fees: You agree to pay all fees associated with your chosen subscription plan. Fees are billed in advance on a recurring basis (monthly or annually).

7.2 Usage-Based Charges: Additional charges may apply based on message volume, API calls, or other usage metrics as specified in your plan.

7.3 Payment Terms: Payment is due according to the terms specified in your subscription. Failure to pay may result in Service suspension or termination.

7.4 Taxes: All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Service.

7.5 Fee Changes: We reserve the right to modify fees with 30 days' advance notice. Continued use of the Service after fee changes constitutes acceptance of the new fees.

8.1 WAPI Ownership: The Service, including all software, designs, text, graphics, logos, and other content, is owned by WAPI and protected by intellectual property laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

8.3 Your Content: You retain ownership of all content you submit through the Service. By using the Service, you grant us a license to process, transmit, and store your content solely to provide the Service.

8.4 Restrictions: You may not:

• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices
• Use the Service to develop competing products or services
• Resell or redistribute the Service without authorization

10.1 Service "As Is": 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.

10.2 Limitation of Damages: To the maximum extent permitted by law, WAPI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Service.

10.3 Maximum Liability: Our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10.4 Third-Party Services: We are not responsible for any failures or issues caused by WhatsApp's infrastructure, third-party services, or your own systems and configurations.

10.5 Jurisdictional Limitations: Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including WhatsApp's policies
• Your violation of applicable laws or regulations
• Content you submit through the Service
• Unauthorized access to your account resulting from your failure to maintain security

12.1 Termination by You: You may terminate your account at any time by contacting us or through your account settings. Termination does not relieve you of any payment obligations for the current billing period.

12.2 Termination by Us: We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms
• You fail to pay fees when due
• Your use poses a security risk or violates laws
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

12.3 Effect of Termination: Upon termination:

• Your access to the Service will immediately cease
• You must cease all use of our API and Service
• We may delete your data according to our retention policies
• Sections of these Terms that by their nature should survive will remain in effect

12.4 Data Export: Upon request before termination, we will provide you with an export of your data in a standard format, subject to technical limitations.

• Posting the updated Terms on our website with a new "Last updated" date
• Sending email notification to your registered email address
• Displaying a notice through the Service or API

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

14.2 Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in South Africa for the resolution of any disputes.

14.3 Dispute Resolution: Before filing a claim, you agree to attempt to resolve disputes through good faith negotiation. If disputes cannot be resolved within 30 days, either party may pursue formal legal remedies.

14.4 Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive the right to participate in class actions or representative proceedings.

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and WAPI regarding the Service.

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

15.3 Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.4 Assignment: You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15.6 Notices: All notices under these Terms must be in writing and sent to the contact information provided in Section 16.