Terms of Service

Please read these terms carefully before using WaPulse services

Last updated: January 2025

1. Agreement to Terms

BETA SERVICE: This is a BETA service provided free of charge for testing purposes only. No warranties, guarantees, or service level agreements are provided during the beta period.

By accessing and using WaPulse ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and WaPulse regarding your use of the Service.

2. Service Description

WaPulse provides WhatsApp Business API services that allow users to send, receive, and manage WhatsApp messages programmatically. Our service includes:

  • WhatsApp Business API access
  • Message sending and receiving capabilities
  • Webhook integrations
  • API documentation and support
  • Integration tools and platforms

3. User Obligations

You agree to use the Service in compliance with:

  • All applicable laws and regulations
  • WhatsApp Business Policy and Terms of Service
  • Anti-spam and data protection regulations
  • Our acceptable use policy

You are prohibited from using the Service for spam, illegal activities, or any purpose that violates WhatsApp's terms of service.

4. Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and current information
  • Notifying us immediately of any unauthorized use

5. Service Availability

While we strive to provide reliable service, we do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance
  • Technical issues beyond our control
  • WhatsApp platform limitations
  • Force majeure events

6. Payment Terms

CURRENTLY FREE: During the BETA period, all services are provided free of charge. Payment terms below will apply when we launch paid plans.

Future payment terms for our services:

  • Free trial period as specified in your plan
  • Monthly billing cycle for paid plans
  • All fees are non-refundable unless otherwise stated
  • Automatic renewal unless cancelled

7. Disclaimer and No Responsibility

IMPORTANT: WaPulse assumes NO responsibility or liability for:

  • WhatsApp account blocks, suspensions, or restrictions
  • Loss of access to your WhatsApp Business account
  • Any consequences resulting from your use of the Service
  • Violations of WhatsApp's policies due to your actions
  • Any damages, losses, or issues arising from using our Service

USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION. You are solely responsible for all consequences of your actions while using WaPulse.

By using WaPulse, you acknowledge and agree that:

  • You use the Service at your own risk and discretion
  • WaPulse is not responsible for any WhatsApp account issues
  • You are solely responsible for compliance with WhatsApp's terms
  • WaPulse provides the Service "as is" without any warranties

8. Limitation of Liability

To the maximum extent permitted by law, WaPulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

9. Indemnification

You agree to indemnify, defend, and hold harmless WaPulse, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney's fees) arising from:

  • Your use of the Service
  • Your violation of any term of these Terms of Service
  • Your violation of any third party right, including WhatsApp's terms
  • Any claim that your use of the Service caused damage to a third party

10. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your access immediately if you violate these terms.

Upon termination, your right to use the Service will cease immediately, and we may delete your account and data.

11. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through the Service. Continued use after changes constitutes acceptance of the new terms.

12. Arbitration and Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court. The arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply.

14. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

15. Data Processing and Privacy

By using the Service, you acknowledge that:

  • You are solely responsible for obtaining necessary consents from your end users
  • You must comply with all applicable data protection laws (GDPR, CCPA, etc.)
  • WaPulse acts as a data processor, not a data controller
  • You are responsible for the legality of data you process through our Service
  • We may delete all data upon account termination without notice

16. Intellectual Property Rights

All intellectual property rights in the Service remain with WaPulse. You retain ownership of your content but grant us a license to use it for providing the Service. You may not reverse engineer, copy, or redistribute our Service.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or Internet service provider failures.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Age Restrictions

You must be at least 18 years old to use this Service. By using WaPulse, you represent and warrant that you are at least 18 years of age.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at: info.wapulse@gmail.com