Terms of Service

Updated

1. About these terms

These Terms of Service ("Terms") govern access to and use of Watification, including the dashboard, APIs, webhooks, documentation, website and related services (together, the "Service"). Watification is a product of, and the Service is provided by, CarryCodes Ltd, a company registered in England and Wales under company number 17112048, with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom ("CarryCodes", "we", "us", "our").

By creating an account, accepting an invitation, using an API key or otherwise using the Service, you agree to these Terms on behalf of the business or organisation you represent ("Customer", "you"). You confirm that you have authority to bind that organisation. The Service is for business use only and is not offered to consumers.

2. Early access

The Service is provided as an early-access service. Features, interfaces, APIs, limits, availability and pricing may be added, changed, limited or withdrawn at any time, and some features may be experimental. The Service is not designed to be your only record of communications or business data, and you should keep your own copies of anything important to you.

We do not commit to any particular availability, response time, support level or service level unless we agree otherwise in writing.

3. Accounts and access

  • Access may be offered by invitation and may be limited, paused or withdrawn at our discretion.
  • You are responsible for your workspace, the members you invite, the roles and permissions you grant, and all activity under your account and API keys.
  • Keep sign-in methods and API keys confidential and tell us promptly at support@watification.com about any unauthorised use.
  • Information you give us must be accurate and kept up to date.

4. WhatsApp and Meta

  • The Service works with the WhatsApp Business Platform operated by Meta. Watification is not affiliated with, endorsed by or sponsored by WhatsApp LLC or Meta Platforms, Inc.
  • You must comply with the WhatsApp Business Terms, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and any other Meta terms that apply to you, as they change from time to time.
  • Meta controls approval of business accounts, phone numbers and message templates, messaging limits, quality ratings, pricing and enforcement. Meta may restrict or disable your access at any time, and we are not responsible for Meta's decisions, fees, outages or changes.
  • Meta charges for messages are set and billed by Meta separately from Watification plans. Cost figures shown in the Service are estimates; your Meta invoice is authoritative.

5. Your responsibilities

You are responsible for:

  • having a lawful basis, and all required opt-ins, consents and notices, for every person you contact or whose data you process through the Service, including for campaigns, imported contact lists, order confirmations and verification codes;
  • the content of your messages, templates, forms, files and other material, and its compliance with law and Meta policies;
  • honouring opt-outs and blocking requests;
  • your systems that connect to the Service, including the security of your webhook endpoints and the handling of codes and data you receive;
  • reviewing actions before you take them, including campaign launches and API requests, which send real messages and cannot be recalled.

6. Acceptable use

You must not use the Service to:

  • send spam, unsolicited bulk messages, or messages to people who have not agreed to receive them;
  • send unlawful, harmful, deceptive, fraudulent, infringing, abusive or discriminatory content;
  • impersonate any person or organisation, or misrepresent your identity or affiliation;
  • process special category data or data about children except where you are permitted to and have taken appropriate safeguards;
  • attempt to gain unauthorised access to the Service or other accounts, or interfere with, overload or disrupt the Service;
  • probe, scan or test vulnerabilities without our written permission, or bypass limits, quotas or security measures;
  • reverse engineer the Service except as permitted by law, or copy, resell or build a competing product from it;
  • use the Service in breach of applicable sanctions or export controls.

We may investigate suspected misuse and take any action we consider appropriate, including removing content, pausing messages, campaigns or API access, and suspending or closing accounts.

7. APIs and developer features

  • API keys belong to a workspace. You are responsible for keeping them server-side and for all requests made with them.
  • There is no sandbox or test mode unless we state otherwise; API requests can send real messages and use your allowances.
  • We may set and change rate limits, quotas and technical requirements, and may change or retire API versions. We will try to give reasonable notice of breaking changes where practicable.
  • Webhook deliveries are made on a best-effort basis and may be delayed, repeated or arrive out of order. Your systems must handle this.

8. Customer Data

"Customer Data" means data, including personal data, that you or your users submit to the Service or that the Service receives on your behalf, such as messages, media, contacts, labels, notes, orders, form responses and campaign lists.

As between you and us, you own Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, store, transmit, display, process and otherwise use Customer Data as needed to provide, maintain, secure, support, troubleshoot and improve the Service, to develop new features and services, to prevent misuse, and as otherwise permitted by these Terms or required by law. Our personnel and service providers may access Customer Data for these purposes, subject to confidentiality obligations.

You are responsible for the accuracy, quality and legality of Customer Data and for having all rights and permissions needed for us to process it under these Terms.

9. Usage data, aggregated data and feedback

We may collect and use information about how the Service is accessed, used and performs, including diagnostic, technical and usage data, to operate, secure, analyse and improve the Service and to develop new products and features. This includes product analytics of the dashboard through our analytics provider, which is on by default where the law allows it and which each user can turn off in their settings, and, only for users who allow them, analytics linked to their account and session recordings that show how they interact with the Service. Recordings are configured to mask typed input and message content and contact details shown in the dashboard, but may incidentally capture other Customer Data displayed on screen, and you instruct us to process it for this purpose. You are responsible for informing your users of this processing where required. We may create aggregated or de-identified data from Customer Data and usage data and use it for any lawful purpose, provided it does not identify you, your users or any individual.

If you give us feedback, ideas or suggestions, we may use them without restriction or obligation to you.

10. Data protection

Each party will comply with applicable data protection law, including the UK GDPR and the Data Protection Act 2018. Our handling of personal data as a controller is described in our Privacy Policy. Where we process personal data within Customer Data on your behalf, the Data Processing Terms in section 18 apply.

11. Fees

  • Plans, allowances and prices are described on our website or in the Service and may change. Early-access features or plans may be offered free of charge or at introductory prices, which may end or change.
  • Paid plans are billed in advance through our payment provider, Lemon Squeezy, which acts as merchant of record. Their terms apply to the payment transaction.
  • Except where required by law or stated otherwise, fees are non-refundable and unused allowances do not roll over. Allowances used by test sends, cancelled campaigns or failed deliveries are not refunded.
  • We may suspend or limit the Service if payment is overdue.

12. Our intellectual property

We and our licensors own the Service, including software, designs, documentation, trademarks and all related intellectual property rights. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.

13. Third-party services

The Service relies on and integrates with third-party services, including Meta, payment, email, hosting and storage providers, and services you choose to connect. Third-party services are governed by their own terms, and we are not responsible for their availability, acts or omissions.

14. Suspension and termination

  • You may stop using the Service and close your workspace at any time.
  • We may suspend, limit or terminate your access to all or part of the Service, with or without notice, if we reasonably believe it is necessary to protect the Service, other customers or third parties, to comply with law or Meta requirements, if you breach these Terms, or if we decide to change, pause or discontinue the Service or any feature. Where practicable and appropriate, we will give you notice and an opportunity to export your data.
  • On termination your right to use the Service ends. We may delete Customer Data after termination in accordance with section 18, and we are not obliged to retain it beyond that.
  • Sections that by their nature should survive termination will survive, including sections 8 to 10, 12 and 15 to 20.

15. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, including as to satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, availability and that the Service will be uninterrupted, timely, secure or error-free. We do not guarantee that messages will be delivered, read or replied to, that templates or accounts will be approved by Meta, or that any result will be achieved.

16. Limitation of liability

  • Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.
  • Subject to that, we will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profits, revenue, business, goodwill, anticipated savings or data, for the cost of substitute services, or for any indirect, special or consequential loss.
  • Subject to the first point, our total liability arising out of or in connection with these Terms and the Service in any 12-month period is limited to the greater of the fees you paid us for the Service in that period and £100.
  • You acknowledge that these limits are reasonable given the early-access nature of the Service and the fees charged.

17. Indemnity

You will defend and indemnify us, our affiliates and our personnel against claims, losses, fines, penalties, costs and expenses (including reasonable legal fees) arising from your Customer Data, your messages and their recipients, your use of the Service in breach of these Terms, applicable law or Meta policies, or any dispute between you and your customers or users.

18. Data Processing Terms

These terms apply where we process personal data as a processor on your behalf, and form a data processing agreement for the purposes of Article 28 of the UK GDPR.

  • Subject matter and duration: provision of the Service for the term of your use of it. Nature and purpose: hosting, storing, transmitting, displaying and otherwise processing Customer Data to provide, secure, support and improve the Service as described in these Terms. Data subjects: your customers, contacts, end users and personnel. Personal data: contact details, identifiers, message content and media, order and form data, and other data you choose to process.
  • Instructions: we process personal data on your documented instructions. These Terms, your configuration and use of the Service, and your API requests are your instructions, which include the purposes described in sections 8 and 9. We will tell you if we believe an instruction infringes data protection law.
  • Confidentiality: persons we authorise to process the data are bound by confidentiality obligations.
  • Security: we implement appropriate technical and organisational measures, which we may update provided the overall level of protection is not materially reduced.
  • Sub-processors: you give general authorisation for us to engage sub-processors, including providers of hosting, storage, encryption, message queuing, email delivery and product analytics (currently PostHog), and Meta for WhatsApp messaging. We will make information about our sub-processors available on request and will inform you of intended changes by updating that information or by other reasonable means, and you may object on reasonable data protection grounds by contacting us. We remain responsible for our sub-processors' performance of their data protection obligations.
  • International transfers: we may transfer personal data outside the UK where appropriate safeguards are in place, such as the UK International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.
  • Assistance: taking into account the nature of the processing, we will provide reasonable assistance with data subject requests, security, breach notification, data protection impact assessments and prior consultation, and may charge for assistance beyond what the Service provides.
  • Personal data breaches: we will notify you without undue delay after becoming aware of a personal data breach affecting Customer Data.
  • Deletion: after the end of the Service, we will delete or return Customer Data on your request, and otherwise delete it within a reasonable period, except where retention is required by law or the data is held in backups that are overwritten in the ordinary course.
  • Audits: we will make available information reasonably necessary to demonstrate compliance with this section. Any audit or inspection must be on reasonable notice, at your cost, no more than once a year, and subject to confidentiality and our security requirements.

19. Changes to these terms

We may update these Terms from time to time, including as the Service develops. The current version is published on this page with its "updated" date. Where we consider a change material, we will take reasonable steps to notify you, for example by email or in the Service. Changes take effect when published unless we state otherwise, and continued use of the Service after that means you accept the updated Terms. If you do not agree, you must stop using the Service.

20. General

  • Assignment: you may not assign or transfer these Terms without our consent. We may assign or transfer them, including as part of a merger, acquisition, reorganisation or sale of assets.
  • Force majeure: we are not liable for delay or failure caused by events beyond our reasonable control, including failures of third-party platforms, networks or providers.
  • Notices: we may give notices by email to account owners, in the Service, or on our website. You may give notices to support@watification.com.
  • Publicity: we may refer to you as a customer, including by name, unless you ask us not to.
  • Entire agreement: these Terms and any documents referred to in them are the entire agreement between you and us about the Service and supersede earlier discussions. Neither party relies on any statement not set out in them.
  • Severability and waiver: if any provision is found unenforceable, the rest remains in effect. A delay in exercising a right is not a waiver of it.
  • Third-party rights: no one other than you and us has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
  • Governing law and jurisdiction: these Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

CarryCodes Ltd, 128 City Road, London, EC1V 2NX, United Kingdom. Email: support@watification.com.