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WhatsApp Supplemental Terms and Conditions

Effective Date June 1, 2023

This WhatsApp Terms and Conditions (refer to as "WhatsApp T&Cs") relate to the use of the WhatsApp Business Solution (refer to as "Service") that enables businesses to communicate with end consumers.

  1. The term of use for this Service comprised of: (a) The terms set out in this document; and (b) In the uSpeedo agreement The above shall be collectively refer to as "Terms of Service".
  2. Customer agrees to use the Service pursuant to the terms and conditions set out in the Terms of Service and to accept and comply with all terms and conditions, rules and policies from WhatsApp relating to the use of the Service, including but not limited to the following:
  1. Facebook and WhatsApp have the right to change the location of those terms and conditions, polices, etc.
  2. It is Customer responsibility to follow and comply with the changes that Facebook and WhatsApp make in their terms and conditions.
  3. Customer acknowledges and agrees to be solely responsible for the content that passes through the use of the Service and that Facebook, WhatsApp and uSpeedo do not examine the use of such content or the nature or the sources of the content. Customer will be solely liable for such content. Facebook, WhatsApp and uSpeedo will not be liable for the content or any other material transmitted by Customer or anyone else using the Service, including but not limited to, mobile subscribers.
  4. Customer will not send unsolicited traffic or knowingly transfer messages that can be classified as SPAM to the Facebook or WhatsApp platforms.
  5. In addition to any other remedies that Facebook, may have, Customer allows Facebook, WhatsApp and uSpeedo the right to immediately suspend all or any part of the Service, if Facebook, WhatsApp and uSpeedo have any reason to suspect fraudulent, unlawful or unauthorized use of the Service by Customer until such prohibited conduct has ceased and proof as necessary, as determined solely by Facebook, WhatsApp or uSpeedo, is provided in a timely manner.
  6. uSpeedo liability towards Customer with respect to the provision of the WhatsApp Business Solution Service is limited in the same way as the liability of Facebook and WhatsApp is limited and Customer must indemnify uSpeedo for breach of the Facebook and WhatsApp T&Cs in the same manner as set out in the Facebook and WhatsApp T&Cs.
  7. If requested, Customer agrees to provide Facebook, WhatsApp or uSpeedo pertinent reports, as determined Facebook or WhatsApp, related to Customer usage of the WhatsApp Business Solution, as we may reasonably request, within thirty (30) days following of our request.
  8. If requested, Customer must provide Facebook, WhatsApp or uSpeedo with proof that Customer usage complies with Service Agreements.
  9. Customer acknowledges and agree that Facebook, WhatsApp, uSpeedo may at any time prohibit Customer use of the WhatsApp Business Solution, effective upon notice to Customer, and Customer must immediately comply with such prohibition.
  10. Customer must NOT use and/or access the WhatsApp Business Solution (including messages) (i) if Customer represent a Governmental Authority; or (ii) for or on behalf of a Client or any third party that is a Governmental Authority, except (in each case of (i) and (ii)) with the express prior written approval of WhatsApp.
  11. When using the WhatsApp Business Solution, Customer will always have in effect and maintain administrative, physical and technical safeguards that: (a) meet or exceed industry standards given sensitivity of User Data, (b) are compliant with applicable Laws (including data security and privacy laws, rules and regulations), and (c) are designed to prevent any unauthorized access, use (including any use in violation of these Terms (including the TOS)), processing, storage, destruction, loss, alteration or disclosure of User Data (each, an "Unauthorized Data Use"). Following the discovery of any suspected or actual Unauthorized Data Use, you will: (i) immediately notify us of such incident, and (ii) promptly take appropriate actions in compliance with applicable Laws to address and remedy such incident (including notifying the affected users in compliance with applicable Laws and taking any other actions reasonably requested by us). Such notice to us must describe the nature of the Unauthorized Data Use, when the Unauthorized Data Use occurred, the effect on us and/or our users, and Customer corrective action to respond to the Unauthorized Data Use.
  12. Customer agree to defend, indemnify, and hold harmless Facebook, WhatsApp, uSpeedo and their Affiliates, and their respective officers, directors, employees and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following ("Claim"): (a) Customer access to or use of the WhatsApp Business Solution, including information provided in connection therewith; (b) Customer breach or alleged breach of these Service Agreements or applicable Law; and (c) any misrepresentation made by Customer. Facebook, WhatsApp and uSpeedo have the right to ask of Customer cooperation as fully as required in, the defense or settlement of any Claim.