These Terms & Conditions ("Terms") govern your access to and use of the WhautX platform ("Service"), operated by Metiox Solutions LLC ("WhautX", "we", "us", or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
1. Acceptance Of Terms
By creating an account, accessing, or using the WhautX platform in any way, you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree to these Terms, you must discontinue use of the Service.
2. Description Of Service
WhautX is a cloud-based WhatsApp Business Platform integration and automation platform that provides:
- WhatsApp Business API access
- Contact and conversation management
- Campaign and broadcast management
- AI-powered automation and chatbots
- Template management and approval workflow
- Team inbox and role-based access
- Analytics and reporting
- Integrations with third-party tools
3. Eligibility
You must be:
- At least 18 years of age, or the age of legal majority in your jurisdiction
- Authorized to enter into a binding agreement on behalf of yourself or the business entity you represent
- Not prohibited from using the Service under applicable law
If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.
4. Account Registration
To access the WhautX platform, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and credentials
- Notify WhautX immediately of any unauthorized account access
- Accept responsibility for all activities that occur under your account
You are responsible for maintaining the confidentiality of your password, all API credentials and access tokens issued to your account, and the activities of any users you add to your workspace.
5. WhatsApp Business Platform Compliance
WhautX provides software that integrates with the WhatsApp Business Platform. Your use of the Service is subject to Meta's policies. You agree to comply with:
- WhatsApp Business Messaging Policy — https://www.whatsapp.com/legal/business-policy
- WhatsApp Commerce Policy — https://www.whatsapp.com/legal/commerce-policy
- Meta Platform Terms — https://www.facebook.com/terms.php
You acknowledge that WhatsApp Business Platform data may be used by Meta in accordance with Meta's policies, that Meta may modify its policies and APIs at any time, and that WhautX is not responsible for changes made by Meta that affect the Service.
6. Prohibited Activities
You agree not to use WhautX to:
- Send spam, unsolicited messages, or messages to contacts who have not opted in
- Engage in phishing, smishing, or social engineering attacks
- Promote fraud, scams, or deceptive practices
- Distribute malware, viruses, or harmful code
- Send illegal content, including content that violates applicable law
- Send adult content, gambling promotions (where prohibited), or content promoting hate speech
- Send misleading promotions or engage in deceptive marketing practices
- Violate any applicable law, regulation, or third-party right
- Attempt to circumvent platform rate limits, security measures, or usage restrictions
- Reverse-engineer, decompile, or attempt to extract source code from the Service
7. Customer Data
You retain all ownership rights to:
- Contact lists you upload to the platform
- Message content you send through the platform
- Templates you create
- Any other data you upload or generate through your use of the Service
You grant WhautX a limited, non-exclusive, worldwide license to process this data solely for the purpose of providing the Service to you. This license terminates when you delete the data or close your account, subject to our standard data retention practices.
8. Consent Requirements
You are responsible for obtaining and maintaining lawful opt-in consent from your end users before sending WhatsApp messages. Specifically, you agree to:
- Obtain explicit opt-in consent before adding contacts to your WhatsApp audience
- Maintain proof of consent (timestamp, method, scope) for each contact
- Honor opt-out requests immediately and across all WhatsApp numbers
- Comply with applicable consent requirements under GDPR, the UAE Personal Data Protection Law, and any other applicable privacy law
- Provide clear identification of your business in message content
WhautX may, at its discretion, audit consent records. Failure to produce valid consent may result in suspension of messaging capabilities.
9. Fees & Billing
WhautX offers subscription plans and usage-based pricing.
Subscription fees
- Starter, Growth, and Scale plans: billed monthly or annually as selected
- Enterprise: custom pricing per written agreement
Usage fees
- Markup-free message quota included with each plan
- Per-message fee applies above the quota, deducted from your prepaid wallet
- Wallet top-ups and refunds per our published policy
You agree to pay all fees when due, provide valid payment information, pay applicable taxes (including VAT), and pay late-payment interest on overdue balances. Refunds are issued at WhautX's discretion, except where required by applicable law.
10. Service Availability
We strive to maintain high availability, but do not guarantee uninterrupted service. The Service may be unavailable due to:
- Scheduled maintenance (with reasonable advance notice when possible)
- Emergency maintenance or security incidents
- Meta or WhatsApp platform outages
- Network or infrastructure failures beyond our control
- Force majeure events
WhautX is not liable for service interruptions caused by third parties, including Meta.
11. Suspension & Termination
We may suspend or terminate your account if:
- You violate these Terms or our Privacy Policy
- We detect spam activity, policy violations, or abuse
- Meta restricts or disables your WhatsApp Business Account
- Payment fails or your account falls into arrears
- Required by law or regulatory authority
You may terminate your account at any time through the platform's account settings. Upon termination, your access to the Service ends immediately, outstanding fees remain payable, data export is available for 30 days post-termination, and we may retain data as required by law or our retention policy.
12. Third-Party Services
The Service relies on third-party providers, including:
- Meta / WhatsApp (message delivery and business account infrastructure)
- Cloud hosting providers (AWS, regional data centers)
- Payment processors (Stripe)
- Other service providers listed in our Privacy Policy
WhautX is not responsible for outages, errors, or policy changes by third-party providers, actions taken by Meta on your WhatsApp Business Account, or content and services provided by third-party integrations.
13. Intellectual Property
WhautX and its licensors retain all rights, title, and interest in and to:
- The WhautX platform, software, and source code
- Trademarks, logos, and branding (including the WhautX name and logo)
- Documentation, designs, and user interfaces
- Aggregated, anonymized usage statistics
You retain all rights to your customer data, as described in Section 7.
14. Limitation Of Liability
To the maximum extent permitted by applicable law:
- WhautX's total cumulative liability arising out of or related to these Terms shall not exceed the fees paid by you to WhautX during the twelve (12) months preceding the event giving rise to the claim
- WhautX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity
- WhautX is not liable for damages caused by your breach of these Terms, third-party actions, Meta platform outages or policy changes, or events beyond our reasonable control
Nothing in these Terms limits liability that cannot be excluded by applicable law.
15. Indemnification
You agree to indemnify, defend, and hold harmless WhautX, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of WhatsApp Business Platform policies
- Your violation of applicable law
- Spam, illegal messaging, or privacy violations you commit through the Service
- Claims by your end users or third parties related to your messages
16. Disclaimer Of Warranties
The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of any content or data
WhautX does not warrant that the Service will meet your specific requirements.
17. Governing Law
These Terms are governed by the laws of the United Arab Emirates and the Emirate of Sharjah, without regard to its conflict of law provisions.
18. Dispute Resolution
In the event of a dispute arising from these Terms:
- The parties will first attempt in good faith to resolve the dispute through informal negotiation for a period of 30 days
- If unresolved, the dispute will be submitted to the exclusive jurisdiction of the courts of Sharjah, United Arab Emirates
- Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information
19. Changes To These Terms
We may update these Terms periodically. The "Last updated" date at the top indicates when changes took effect. Material changes will be communicated by email or through the platform at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
20. Free Trials
Free trial accounts are provided on an "as-is" basis and may be modified, suspended, or terminated at any time without liability.
Unless explicitly stated otherwise, features and limits of a free trial may differ from paid plans. We will convert a free trial to a paid plan only with the customer's prior consent or a separate purchase confirmation.
21. Usage Limits
We may enforce reasonable limits on users, conversations, contacts, API requests, storage, integrations, or other platform resources to ensure platform stability and security.
We will provide reasonable advance notice of material changes to usage limits where practicable. Continued use of the Service after such changes indicates acceptance of the updated limits.
22. Acceptable Use Enforcement
We reserve the right to block, suspend, or remove content that violates these Terms, Meta policies, or applicable law without prior notice.
Enforcement actions may be taken at our sole discretion, including in response to automated abuse signals, third-party reports, or legal requests. Where appropriate, we will provide a reason for the action and an opportunity to cure the issue.
23. Confidentiality
Each party agrees to protect the other party's confidential information using reasonable safeguards and not disclose such information except as required to provide the Service, comply with legal obligations, or with the other party's prior written consent.
Confidential information includes non-public business, technical, customer, and pricing information shared in connection with the Service. This obligation does not apply to information that is publicly known, independently developed, or rightfully received from a third party without restriction.
24. Beta Features
Beta, preview, experimental, or early-access features may be offered from time to time and are provided without warranties of any kind.
Such features may be modified, paused, or discontinued at any time, may not be suitable for production use, and may be subject to additional terms presented at the time of activation.
25. Force Majeure
Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet outages, labor disputes, governmental actions, war, terrorism, pandemics, or failures of third-party services (including Meta).
26. Export Compliance
Customers may not use the Service in violation of applicable export control, sanctions, or trade laws, including those administered by the United Nations, the United Arab Emirates, the European Union, the United Kingdom, or the United States.
Customers represent and warrant that they are not located in, or a resident or national of, any country or region subject to comprehensive sanctions, and are not on any restricted-party list maintained by the relevant authorities.
Contact
These Terms are governed by the laws of the United Arab Emirates and the Emirate of Sharjah, without regard to its conflict of law provisions.
Contact
legal@whautx.com
Metiox Solutions LLC — Sharjah Media City, Sharjah, United Arab Emirates