Last Updated: January 1, 2025
Effective Date: January 1, 2025
These Terms of Service ("Terms") govern your access to and use of the services, website, and products provided by ShopWa ("Company," "we," "our," or "us") at shopwa.net (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing our website, creating an account, or using any of our Services, you confirm that you:
- Have read, understood, and agree to be bound by these Terms
- Are at least 18 years of age
- Have the legal authority to enter into this agreement on behalf of yourself or the organization you represent
- Will comply with all applicable local, national, and international laws and regulations
If you do not agree with any part of these Terms, you must not access or use our Services.
2. Description of Services
ShopWa provides WhatsApp Business solutions and technology services, including but not limited to:
- WhatsApp Business API integration and setup
- Chatbot development and conversational AI solutions
- Conversational commerce platforms
- Multi-agent customer support tools
- WhatsApp marketing campaign management
- Business messaging analytics and reporting
- Technical consulting and support services
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with reasonable notice to active clients.
3. Account Registration
To access certain features of our Services, you may be required to create an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials confidential and secure
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or provide inaccurate information.
4. User Obligations
When using our Services, you agree to:
- Comply with WhatsApp's Terms of Service, Business Policy, and Commerce Policy
- Comply with Meta's Platform Terms and Developer Policies
- Obtain proper consent from end users before sending messages via WhatsApp Business API
- Not use our Services for spam, unsolicited messaging, or any form of abuse
- Not violate any applicable anti-spam laws (CAN-SPAM, GDPR, etc.)
- Not use our Services for illegal activities, harassment, or distribution of harmful content
- Not attempt to reverse engineer, decompile, or disassemble our software or systems
- Not interfere with or disrupt the integrity or performance of our Services
- Maintain appropriate privacy policies and data protection measures for your own end users
5. WhatsApp Business API Usage
As a WhatsApp Business Solutions Provider, ShopWa facilitates access to the WhatsApp Business API. By using our API integration services, you acknowledge and agree that:
- You must comply with all Meta/WhatsApp policies, guidelines, and requirements
- Your WhatsApp Business API access is subject to approval by Meta and may be revoked for policy violations
- Message templates must be approved by WhatsApp before use
- You are responsible for the content of messages sent through your account
- ShopWa is not liable for service interruptions caused by Meta/WhatsApp platform changes or outages
- Messaging rates and fees are subject to change based on Meta's pricing policies
6. Fees and Payment
Certain Services may require payment. By subscribing to paid Services, you agree to:
- Pay all fees in accordance with the pricing plan selected at the time of purchase
- Provide valid and up-to-date payment information
- Authorize us to charge your payment method for recurring fees
All fees are quoted in the applicable currency and are exclusive of taxes unless otherwise stated. We reserve the right to modify pricing with 30 days' written notice. Failure to pay fees may result in suspension or termination of Services.
7. Intellectual Property
All intellectual property rights in our Services, including but not limited to software, designs, logos, documentation, and content, are owned by ShopWa or our licensors. You are granted a limited, non-exclusive, non-transferable license to use our Services as provided under these Terms.
You retain ownership of your content and data. By using our Services, you grant ShopWa a limited license to process your data as necessary to provide the Services.
You may not copy, modify, distribute, sell, or create derivative works based on our proprietary materials without our prior written consent.
8. Data Protection and Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you:
- Consent to our data practices as described in the Privacy Policy
- Agree to comply with applicable data protection laws (including GDPR) in your use of our Services
- Accept responsibility for obtaining necessary consents from your end users for data processing
- Agree to implement appropriate technical and organizational measures to protect personal data
9. Service Level and Availability
We strive to provide reliable Services with high availability. However:
- We do not guarantee uninterrupted or error-free service
- Scheduled maintenance windows will be communicated in advance when possible
- We are not responsible for downtime caused by factors beyond our reasonable control, including third-party service outages (e.g., WhatsApp platform issues)
For enterprise clients, specific service level agreements (SLAs) may be established in separate written agreements.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- ShopWa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities
- Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the total fees paid by you to ShopWa in the twelve (12) months preceding the claim
- We are not liable for damages arising from your violation of WhatsApp/Meta policies or applicable laws
11. Indemnification
You agree to indemnify, defend, and hold harmless ShopWa, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights, including WhatsApp/Meta policies
- Your content or messages sent through our platform
- Your violation of applicable laws or regulations
12. Termination
Either party may terminate the service relationship:
- By You: You may stop using our Services and close your account at any time by contacting us
- By Us: We may suspend or terminate your access if you violate these Terms, fail to pay fees, or engage in activities that harm our Services or other users
Upon termination, your right to access the Services will cease. We will provide a reasonable period for you to export your data, subject to applicable retention obligations.
13. Disclaimers
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, or completeness of any content
- Warranties that the Services will meet your specific requirements
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from or relating to these Terms or the Services shall be resolved through:
- Negotiation: The parties will first attempt to resolve disputes through good-faith negotiation
- Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing litigation
- Litigation: If mediation is unsuccessful, disputes may be submitted to the courts of competent jurisdiction
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on our website with a revised "Last Updated" date. For material changes, we will provide notice via email or through our Services. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.
16. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShopWa regarding the Services
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
- Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction
- Force Majeure: ShopWa shall not be liable for any failure or delay in performance due to events beyond our reasonable control
17. Contact Information
For questions or concerns about these Terms of Service, please contact us: