Home Terms of Service

Updated: 09.01.2024

Please carefully read the following Terms of Use before utilizing the WhatsApp Chatbot and Campaign Service provided by Webanix (hereinafter referred to as the “service”).

1. General Provisions

The use of the service is regulated by the following Terms, the Terms of Service for the Webanix Service (in all parts applicable to the service), the Privacy Policy, and WhatsApp Terms and Conditions.

These Terms may be corrected or supplemented by the service administration without notifying users, and the changes take effect from the moment the document is placed on the official website of the service. By continuing to use the service, you agree to the Terms and all updates.

These Terms constitute a public offer. By accessing or using the service, you acknowledge and accept these Terms on behalf of yourself or the entity you represent. The provisions of these Terms remain in full effect each time you use the service.

By accessing or using the service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).

1.1. Definitions

  • Service administration: Authorized employees of the service acting on behalf of Webanix Inc.
  • WhatsApp: A platform for exchanging short messages under conditions specified by WhatsApp LLC or WhatsApp Ireland Limited.
  • Content: Information, documents, or other items that users add to text messages.
  • Recipient: Any person who receives a WhatsApp message sent via the Webanix service.

Any term used in these Terms of Use, but not otherwise defined, herein shall have the meaning given in the Terms of Service for the Webanix Service and Webanix Privacy Policy.

2. Usage of the Service

The use of the service is performed with the help of an existing Webanix user account — the user’s personal account on the Webanix service. If a user does not have a personal Webanix account, they should register on the official website according to the provided instructions.

Prior to registering, we recommend reading and acknowledging these Terms, Terms of Service for the Webanix Service, The Privacy Policy, WhatsApp Terms and Conditions, WhatsApp Business Terms of Service, and WhatsApp Commerce Policy.

Users must provide valid information during the registration process, and they are responsible for the accuracy of the data entered.

Webanix is the sole holder of rights to the service and its elements. By uploading content to the service, the user grants Webanix the right to store and process such content for the purposes specified in these Terms.

3. Procedure for Service Connection

To connect the service, the user shall fill in and submit an application to activate the WhatsApp channel and production environment for the WhatsApp Business API client in their user account.

The application shall contain a phone number that will be tied to the WhatsApp Business API client. By submitting the application, the user warrants that Webanix undertakes the activation and management of the WhatsApp Business API Client and acts on behalf of the user in the process.

Upon approval, the WhatsApp Business API Client environment is set up for the user.

4. Guidelines for Using the Service

The user sends WhatsApp campaigns from their Webanix user account based on templates pre-approved by WhatsApp. The user creates a template for their future campaign and sends it to Webanix for further WhatsApp approval.

The template is approved within two business days or less. Content added to message templates shall comply with the Webanix Terms and Policies, WhatsApp Template Guidelines, and WhatsApp Commerce Policy.

To send campaigns, the user must have funds in an amount exceeding the estimated value of sending template messages in their Wabanix account.

5. Payment for Services

Payment for using the service is made according to the procedure established by the Terms of Service for the Webanix service. The user pays for messages sent within templates based on the pricing plan.

The price for using the service is determined based on the Webanix pricing available in the user account. The actual prices for sending messages are always displayed in the user account.

6. Obligations of the Parties

6.1. Obligations of Users

Users are obliged to ensure the confidentiality of their account credentials, provide valid personal data, pay for using the service, and use it in accordance with the Terms of Use.

Users must comply with conditions established by WhatsApp and take responsibility for any claims from WhatsApp or third parties related to their use of the service.

6.2. Obligations of the Service

Webanix is obligated to provide users with access to the service, the required functionality, and ensure constant access with the chosen credentials.

7. Disclaimer of Warranty and Limitation of Liability

Webanix bears no responsibility for the user’s actions resulting from a failure to understand or incorrectly understand the Terms. Users assume full responsibility for any loss resulting from their use of the service.

Webanix provides the service “as is” and “as available,” without warranties of merchantability or fitness for a particular purpose. The administration reserves the right to limit the user’s access to the service in case of a violation of the Terms.

Webanix bears no responsibility for delays or failures due to force majeure circumstances or malfunctions in related systems. The user is aware that WhatsApp can refuse or restrict Wabanix from providing services at any time.

8. Choice of Law. Arbitration

The relationship between the company and the user is governed by the laws of Boston, and any dispute will be decided by the state and federal courts of Boston.

9. Contacts

For issues related to the use of the service and these Terms, please contact Webanix customer service at [email protected].