Terms of Service - WA Sender WhatsApp Marketing Platform

Terms of Service

Please read these terms carefully before using our WhatsApp messaging platform.

Effective Date: December 2024
Last Updated: December 2024
Version: 2.0

1. Acceptance of Terms

By accessing, registering for, or using WA Sender's platform ("Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all the terms and conditions, you may not access or use our Service. These Terms constitute a legally binding agreement between you and WA Sender ("we," "us," or "our").

2. Description of Service

WA Sender provides a comprehensive platform for businesses and individuals to manage WhatsApp communications, including but not limited to:

  • Bulk Messaging: Send messages to multiple contacts simultaneously
  • Device Management: Connect and manage multiple WhatsApp devices
  • Template Management: Create, store, and manage message templates
  • Contact Management: Organize and manage contact lists
  • Campaign Management: Schedule and monitor messaging campaigns
  • Analytics and Reporting: Track message delivery and engagement metrics
  • API Integration: Programmatic access to platform features
  • AI Assistant: Automated response and message generation features

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Be at least 18 years of age or have legal capacity to enter into contracts
  • Have a valid WhatsApp account for device connection

3.2 Account Security

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized access to your account or any other breach of security. We recommend enabling two-factor authentication for enhanced security.

4. WhatsApp Integration and Compliance

4.1 WhatsApp Terms Compliance

By using WA Sender, you acknowledge and agree that:

  • You must comply with WhatsApp's Terms of Service at all times
  • You are responsible for ensuring your WhatsApp account remains in good standing
  • WA Sender is not affiliated with, endorsed by, or sponsored by WhatsApp Inc.
  • Any violations of WhatsApp's terms may result in suspension of your WA Sender account
  • You understand the risks associated with automated messaging through WhatsApp

4.2 Device Connection

WA Sender connects to WhatsApp through WhatsApp Web. You grant us permission to maintain these connections on your behalf. You understand that disconnecting your WhatsApp device may interrupt our Service.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree NOT to use WA Sender to:

  • Spam: Send unsolicited, bulk, or automated messages without proper consent
  • Illegal Content: Distribute illegal, harmful, or offensive content
  • Harassment: Harass, abuse, or harm other individuals
  • Fraud: Engage in fraudulent, deceptive, or misleading practices
  • Intellectual Property: Infringe upon copyrights, trademarks, or other IP rights
  • Privacy Violations: Collect personal information without consent
  • Malware: Distribute viruses, malware, or other harmful software
  • System Abuse: Attempt to hack, disrupt, or overload our systems
  • Impersonation: Impersonate others or misrepresent your identity
  • Adult Content: Send explicit or adult content without proper consent

5.2 Message Content Standards

All messages sent through our platform must:

  • Comply with applicable laws and regulations
  • Respect recipient privacy and consent preferences
  • Include clear identification of the sender
  • Provide easy opt-out mechanisms where required
  • Be truthful and not misleading

5.3 Rate Limits and Usage

We implement rate limits to ensure platform stability and WhatsApp compliance. Excessive usage may result in temporary restrictions or account suspension. Premium plans include higher rate limits and priority processing.

6. Subscription Plans and Payments

6.1 Subscription Tiers

We offer various subscription plans with different features and limits:

  • Free Plan: Limited features with basic messaging capabilities
  • Premium Plans: Enhanced features, higher limits, and priority support
  • Enterprise Plans: Custom solutions with dedicated support

6.2 Billing and Payments

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • Price changes will be communicated 30 days in advance
  • Failed payments may result in service suspension
  • You can cancel your subscription at any time through your account settings

6.3 Free Trial and Promotions

Free trials and promotional offers are subject to specific terms and conditions. Promotional pricing is available for new customers only and cannot be combined with other offers.

7. API Terms and Integration

7.1 API Access

Our API allows programmatic access to platform features. API usage is subject to:

  • Rate limits based on your subscription plan
  • Proper authentication and security measures
  • Compliance with all Terms of Service
  • Responsible usage that doesn't impact platform performance

7.2 API Keys and Security

You are responsible for securing your API keys and credentials. Any misuse of API keys may result in immediate suspension of API access. Do not share API keys or embed them in client-side applications.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The WA Sender platform, including its software, design, text, graphics, logos, and other content, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our platform subject to these Terms.

8.2 Your Content

You retain ownership of all content you upload to our platform. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit this content solely for the purpose of providing our Service to you.

9. Data Processing and Privacy

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process your data in accordance with applicable privacy laws and our Privacy Policy. You are responsible for obtaining necessary consents from your contacts before sending them messages.

10. Service Availability and Modifications

10.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible. We are not liable for service interruptions caused by third-party services, including WhatsApp.

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Service at any time. We will provide reasonable notice for significant changes that materially affect functionality.

11. Limitation of Liability

IMPORTANT: Please read this section carefully as it limits our liability to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WA SENDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use of or inability to use our Service
  • WhatsApp account suspension or termination
  • Message delivery failures or delays
  • Unauthorized access to your account
  • Third-party services or integrations
  • Service interruptions or downtime

12. Indemnification

You agree to indemnify, defend, and hold harmless WA Sender, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you submit through our platform
  • Your violation of applicable laws or regulations

13. Account Termination

13.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your settings
  • Contacting our support team
  • Canceling your subscription (account remains active until period end)

13.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms or our Acceptable Use Policy
  • Your WhatsApp account is suspended or terminated
  • We detect fraudulent or abusive behavior
  • You fail to pay subscription fees
  • We are required to do so by law or regulation

13.3 Effect of Termination

Upon termination, your access to the Service will cease immediately. We may retain certain data as required by law or for legitimate business purposes. You can request data export before termination.

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing formal dispute resolution, we encourage you to contact our support team to resolve any issues informally. Most concerns can be resolved quickly through direct communication.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Indonesia, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts of Kudus, Central Java, Indonesia.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting updated Terms on our platform
  • Sending email notifications for significant changes
  • Providing in-app notifications
  • Updating the "Last Updated" date

Your continued use of our Service after changes take effect constitutes acceptance of the new Terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WA Sender regarding the Service.

16.2 Severability

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

16.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

17. Contact Information

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

Need Help?

Our support team is here to help you understand these terms and use our platform effectively. Don't hesitate to reach out if you have any questions or concerns.

Last updated: December 2024 | Version: 2.0 | Effective Date: December 2024