Terms of Service

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and whatsnap ("Company", "we", "us", or "our"), concerning your access to and use of the whatsnap.ai website, software, and services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.

2. SERVICE DESCRIPTION

whatsnap provides infrastructure software that enables multi-channel messaging automation (iMessage, SMS, and WhatsApp) through your own devices integrated with GoHighLevel (GHL) or other supported platforms.

Key Points:

• You connect your own physical devices (smartphones, SIM cards)

• You retain ownership and control of your devices and phone numbers

• whatsnap provides software to facilitate messaging automation

• Services are provided on a subscription basis

3. USER RESPONSIBILITIES & ACCEPTABLE USE

3.1 Your Devices & Infrastructure

• You are solely responsible for providing, maintaining, and securing your devices

• You must ensure your devices have adequate connectivity and power

• You are responsible for all costs associated with your devices, SIM cards, and carrier plans

3.2 Legal Compliance

You agree to:

• Comply with all applicable laws and regulations, including but not limited to TCPA, CAN-SPAM, GDPR, and local telecommunications laws

• Obtain proper consent from recipients before sending messages

• Provide clear opt-out mechanisms where required by law

• Not use the Services for spam, harassment, or unsolicited communications

• Comply with all carrier terms of service and messaging platform policies (Apple, Meta, etc.)

3.3 Prohibited Activities

You may NOT use whatsnap Services to:

• Send spam or unsolicited commercial messages

• Engage in phishing, fraud, or deceptive practices

• Distribute malware, viruses, or harmful content

• Violate intellectual property rights

• Harass, threaten, or abuse others

• Scrape or collect personal data without consent

• Use automated systems to artificially inflate metrics

• Resell or redistribute access without authorization (except on White Label plans)

• Violate any applicable laws or regulations

3.4 Volume Guidelines

• Follow recommended sending volumes to maintain number health

• Respect rate limits: iMessage (50 unique contacts/day for new numbers), WhatsApp (1 message/minute recommended), SMS (1 message/minute)

• Failure to follow guidelines may result in your numbers being flagged or banned by carriers/platforms

4. ACCOUNT REGISTRATION & SECURITY

4.1 Account Creation

• You must provide accurate, current, and complete information

• You must be at least 18 years old or the age of majority in your jurisdiction

• One person or entity may not maintain multiple free accounts

4.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials

• You are responsible for all activities that occur under your account

• Notify us immediately of any unauthorized access or security breach

• We are not liable for losses resulting from unauthorized use of your account

5. FEES, PAYMENT & REFUNDS

5.1 Subscription Fees

• All fees are detailed in your selected plan on whatsnap.ai/pricing

• Fees are billed in advance on a monthly or annual basis

• Prices are in USD unless otherwise specified

• We reserve the right to change pricing with 30 days' notice

5.2 Payment Terms

• Payment is due immediately upon subscription or renewal

• You authorize us to charge your payment method automatically

• Failed payments may result in service suspension

• You are responsible for all taxes and fees associated with your use

5.3 Refund Policy

• Free Trial: Cancel anytime during trial period with no charges

• Paid Subscriptions: Fees are non-refundable except as required by law or at our sole discretion

• No refunds for partial months or unused services

• Refunds may be issued for technical failures on our part that prevent service delivery

5.4 Cancellation

• You may cancel your subscription at any time through your account settings

• Cancellations take effect at the end of the current billing period

• No prorated refunds for mid-period cancellations

• After cancellation, you retain access until the end of your paid period

6. INTELLECTUAL PROPERTY

6.1 Our Property

• All whatsnap software, services, trademarks, logos, and content are our property

• You receive a limited, non-exclusive, non-transferable license to use the Services

• You may not copy, modify, distribute, or reverse engineer our software

6.2 Your Content

• You retain all rights to content you send through whatsnap

• You grant us a limited license to process, store, and transmit your content solely to provide the Services

• You represent that you have all necessary rights to the content you send

6.3 White Label Plans

• White Label subscribers may rebrand the user interface as specified in their plan

• You may not remove or modify whatsnap's underlying technology

• Your branding must not imply endorsement by whatsnap without permission

7. DATA PRIVACY & SECURITY

7.1 Your Data

• You own all data you input into or generate through the Services

• We process data solely to provide Services as described in our Privacy Policy

• You are the data controller; we are the data processor

7.2 Data Security

• We implement industry-standard security measures

• However, no system is 100% secure; use Services at your own risk

• You are responsible for backing up your important data

7.3 Compliance

• See our Privacy Policy for details on data collection and use

• We comply with applicable data protection laws (GDPR, CCPA, etc.)

8. SERVICE AVAILABILITY & SUPPORT

8.1 Service Level

• We strive for high availability but do not guarantee uninterrupted service

• Services are provided "AS IS" and "AS AVAILABLE"

• Scheduled maintenance will be announced when possible

8.2 Support

• Email and chat support provided on all plans

• Priority support on Growth plans and above

• 24/7 premium support on Scale plans and above

• We aim to respond within specified timeframes but do not guarantee response times

8.3 Your Infrastructure

• Because Services run on your devices, uptime depends on your infrastructure

• We are not responsible for issues caused by your device failures, internet connectivity, or carrier problems

9. DISCLAIMERS & LIMITATIONS OF LIABILITY

9.1 Disclaimers

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Services will be uninterrupted, secure, or error-free

• Results obtained will be accurate or reliable

• Your messages will always be delivered

• Your numbers will not be flagged or banned by carriers

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHATSNAP SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages

• Lost profits, data, or business opportunities

• Service interruptions or data loss

• Actions or omissions of third parties (carriers, Apple, Meta, etc.)

• Damages exceeding the amount you paid us in the 12 months prior to the claim

9.3 Third-Party Platforms

• Services integrate with third-party platforms (GHL, iMessage, WhatsApp, carrier networks)

• We are not responsible for these platforms' availability, policies, or actions

• Your use is subject to their respective terms and policies

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless whatsnap, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services

• Your violation of these Terms

• Your violation of any laws or third-party rights

• Content you send through the Services

• Your failure to obtain necessary consents from recipients

11. TERMINATION

11.1 By You

• You may terminate by canceling your subscription

11.2 By Us

We may suspend or terminate your access immediately without notice if:

• You violate these Terms

• You engage in prohibited activities

• Your account poses security risks

• You fail to pay fees

• We cease operations (with reasonable notice)

11.3 Effect of Termination

• Your access to Services ends immediately

• You remain liable for any accrued fees

• Certain provisions survive termination (payment obligations, disclaimers, limitations of liability)

12. MODIFICATIONS TO TERMS

• We reserve the right to modify these Terms at any time

• Material changes will be communicated via email or in-app notification

• Continued use after changes constitutes acceptance

• If you disagree with changes, you may cancel your subscription

13. MODIFICATIONS TO SERVICES

• We may modify, suspend, or discontinue any part of the Services at any time

• We will provide reasonable notice for material changes

• No refunds for discontinued features unless service is completely terminated

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with [Arbitration Association] rules, except:

• Small claims court disputes

• Intellectual property disputes

• Injunctive relief

14.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or consolidated proceeding.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and whatsnap.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 No Waiver

Our failure to enforce any right does not waive that right.

15.4 Assignment

You may not assign these Terms without our consent. We may assign them without restriction.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15.6 Relationship

These Terms do not create a partnership, joint venture, or agency relationship.

16. CONTACT INFORMATION

For questions about these Terms:

• Email: [email protected]

• Website: https://whatsnap.ai/support

• Address: [Your business address]

17. SPECIFIC TERMS FOR WHITE LABEL CUSTOMERS

If you subscribe to a White Label plan:

• You may rebrand the user interface as specified

• You may resell access to your sub-customers

• You are responsible for your sub-customers' compliance with these Terms

• You must have your own Terms of Service for your sub-customers

• You may integrate your own Stripe account for billing

• You remain liable for all activities under your account

By using whatsnap Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

Need adjustments to any sections? Want to add/remove anything specific?