1. General provisions
The following Terms may be corrected or supplemented by the service administration without notifying users, and the changes take effect from the moment the document is placed on the official website of the service. By continuing to use the service you agree to the Terms and all updates to the following Terms.
The following Terms are a public offer. By accessing or using the service in any way, you acknowledge and accept the following Terms (on behalf of yourself or the entity that you represent). The provisions of the following Terms remain in full effect at any time you use the service or any information acquired via the service.
By accessing or using the service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to enter into these Terms (or if not, you have received the permission of a parent or a guardian to use the service and have had a parent or guardian to agree to these Terms on your behalf). If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Service administration — authorized employees of the service acting on behalf of SendPulse Inc.
WhatsApp — a platform for exchanging short messages under conditions specified by WhatsApp LLC or WhatsApp Ireland Limited (depending on the country) at the following URL: https://www.whatsapp.com/legal/.
Content — information, documents, or other items that users add to text messages.
Recipient — any person who gets a WhatsApp message sent via the SendPulse service.
2. Usage of the service
The use of the service is performed with the help of an existing SendPulse user account — the user’s personal account in the SendPulse service (https://sendpulse.com). If a user does not have a personal SendPulse account, they should register on the official website (https://sendpulse.com/register) according to the instructions provided during the registration process.
During registration, the user fills in the required fields with their personal information (name, email address, phone number) and specifies a password they will subsequently use to access their account. The user is not allowed to give their username and password to a third party and bears full responsibility for the safety of their username and password.
The user is obligated to provide valid information during the registration process; users who provide invalid contact information will be unable to use the service.
The user bears full responsibility for the accuracy of data entered during account registration.
SendPulse is the sole holder of rights to the service and its elements. None of the provisions of the Terms provide the user exclusive rights to the service and its elements or content.
By uploading сontent to the service, the user grants SendPulse the right to store and process such content for the purposes of fulfilling obligations under the Terms, ensuring that the service functions properly, without failures, etc.
The user guarantees that the сontent does not violate any intellectual property rights of third parties or any equivalent means of identification, rights to information qualified as commercially sensitive, and that such content does not discredit honor, damage the business reputation or dignity of third parties, or violate national or international law. The user is solely responsible for the content uploaded to the service.
Only users who have a verified Facebook Business Manager account and Facebook Business Manager ID can connect to the service.
You are only permitted to add several phone numbers/bots when using the WhatsApp Business API service if they belong to the same Facebook Manager ID.
3. Procedure for service connection
To connect the service, the user shall fill in and submit an application to activate the WhatsApp channel and production environment for the WhatsApp Business API client in their user account.
The application shall contain a phone number that will be tied to the WhatsApp Business API client. This phone number must be able to receive voice calls or SMS. If the phone number indicated in the application is already associated with the existing WhatsApp / WhatsApp Business account, you are required to unlink it first to activate the WhatsApp Business API.
The phone number indicated in the application approved by WhatsApp and set up for the WhatsApp Business API Client environment cannot be moved to another service provider according to the WhatsApp Terms of Service.
By submitting the application, the user warrants that SendPulse undertakes the activation and management of the WhatsApp Business API Client and acts on behalf of the user in the process.
Upon receiving the application, SendPulse submits it for consideration and approval by WhatsApp. In such a case, the user’s WhatsApp channel is displayed in the list of bots with the “Submitted to WhatsApp” status.
If approved, the WhatsApp Business API Client environment is set up for the user.
4. Guidelines for using the service
The user sends WhatsApp campaigns from their SendPulse user account based on templates pre-approved by WhatsApp. The user creates a template for their future campaign on their own and sends it to SendPulse to submit it for further WhatsApp approval.
The template is approved within two business days or less; however, the approval period may be extended if there is a delayed reply from WhatsApp. The information about the approval status is available in the user account.
The message template shall not contain any promotional or advertising content, offers to sell, and sales of the following goods and services:
- drugs, whether prescription, recreational or otherwise;
- tobacco products and related paraphernalia;
- unsafe ingestible supplements;
- weapons, ammunition, or explosives;
- adult products or services;
- human body parts or fluids;
- medical and healthcare products;
- Items or products with overtly sexualized positioning;
- real money gambling services;
- dating services;
- products or items that facilitate or encourage unauthorized access to digital media;
- digital and subscription services, including links to or processing of any subscription sales, renewals, or upgrades;
- business models, goods, items, or services that we determine may be or are fraudulent, misleading, offensive, or deceptive, or may be or are exploitative, inappropriate, or exert undue pressure on targeted groups;
- currency of any kind;
- content that infringes upon or violates the intellectual property rights of any third party;
- other types of goods or services that are prohibited to sell, offer for sale, or distribute information about by the applicable legislation of the user’s or recipient’s country.
After the template has been approved, the user can use it to send campaigns.
To send campaigns, the user must have funds in an amount exceeding the estimated value of sending template messages (price for the volume of messages sent within a campaign according to the pricing plan) in their SendPulse account. The user must also activate the chatbot service subscription (paid separately).
5. Payment for services
Payment for using the service is made according to the procedure established by the Terms of Service for the SendPulse service taking into account special provisions of these Terms.
The user can connect to WhatsApp with no extra fees but first a chatbot service subscription must be activated (paid separately). When the current chatbot subscription expires, users should extend it or the existing WhatsApp chatbot will be disabled. SendPulse stores the data of the disabled bot for 6 months, after this period all data will be deleted without a recovery option. To reconnect the bot, you will need to reactivate your sender name and phone number.
There is no additional monthly fee and users only pay for messages sent within templates.
The price for using the service is determined based on the SendPulse pricing available in the “Pricing plans” section of the user account. The price for a template message depends on the country the user sends their campaigns to.
To send campaigns, the user must have funds in an amount exceeding the estimated value of sending template messages (price for the volume of messages sent within a campaign according to the pricing plan) in their SendPulse account.
The service may not inform the user about changes in the prices for delivering messages. The actual prices for sending messages are always displayed in the “Pricing plans” section of the user account.
The payment in the amount of the estimated value for sending a campaign in the account currency is withdrawn from the user’s balance at the moment the user sends a campaign. The user is only charged for delivered messages. If messages are not delivered, the money will be returned to the user account within 30 days, given that WhatsApp provides data about non-delivered messages.
6. Obligations of the parties
6.1. Obligations of users
The user is obliged to:
- ensure the confidentiality of their username and password for accessing their account on the service and not allow third-parties to use their account;
- provide valid personal data to the service;
- bear responsibility for the validity of all information uploaded while using the service;
- on time and in full, pay for using the service in accordance with the valid pricing; not use the service to send spam;
- meet the conditions established by WhatsApp, WhatsApp Business Terms of Service, and WhatsApp Commerce Policy. Should the user violate any terms or conditions established by WhatsApp as a result of their use of the service, they shall undertake to settle all claims from WhatsApp, including paying fines/penalties, and at their expense and cover losses caused to SendPulse. Should the user violate any terms and conditions established by WhatsApp, the administration has the right to suspend or completely delete the user’s account until the incident has been resolved;
- provide, upon request, the service administration with additional information, which is directly related to the service;
- observe the property and non-property rights of authors or other rightsholders while using the service;
- obtain opt-in permission from recipients confirming that they wish to get text and multimedia messages from you over WhatsApp. The obtained permission shall correspond to the WhatsApp requirements;
- at their expense, undertake to settle all claims from third parties, including recipients and WhatsApp, related to the content of messages created using the service, presence or absence of the opt-in permission, and take full responsibility for such claims;
- provide recipients with reliable, full, and understandable information about the terms of receiving and opting out of messages from the user;
- refrain from using rude and obscene language when communicating with the employees of the service.
You represent and warrant that your use of the service will comply with all the applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations of your country. You may not use the service for any unlawful or discriminatory activities.
6.2. Obligations of the service
The service is obliged to:
- provide the user with access to the service after the user has registered for the service in accordance with the Procedure for the service connection;
- provide the user with the required functionality indicated in these Terms;
- ensure constant access to the service with the username and password that the user has chosen.
The administration reserves the right to make changes to the interface and functionality of the service at its own convenience.
7. Disclaimer of warranty and limitation of liability
The administration of the service bears no responsibility for the user’s actions taken as a result of a failure to understand or an incorrect understanding of the Terms.
You assume full responsibility for any loss that results from your use of the service, including any downloads from the service. We provide the service “as is” and “as available.” That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness of the service for a particular purpose. Since our users exploit the service for a variety of reasons, we cannot guarantee that it will meet your specific needs.
Should the user violate the Terms of Service, the service administration has the right to limit the user’s access to the service.
The service administration bears no responsibility for delays or failures in the process of performing transactions, that arose due to the occurrence of force majeure circumstances as well as any cases of malfunctions in telecommunication, computer, electrical, and other related systems; operations of transfer systems, banks, payment systems, and delays related to their work; proper functioning of the service if the user has no necessary facilities for its use, and shall have no warranty obligations to provide the users with such facilities.
The user is aware that WhatsApp, according to its Terms and Privacy, at any time, in its sole discretion, can refuse or restrict SendPulse from providing services. In such a case, SendPulse shall refund a payment for services paid but not used to the user’s balance. SendPulse bears no responsibility for any loss incurred by the user as a result of WhatsApp refusing or restricting SendPulse from providing services.
8. Choice of law. Arbitration
The relationship between the company and the user with regard to the use of the service is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.
You can contact the customer service at firstname.lastname@example.org with all issues related to the use of the service and the following Terms.
You can also contact us at the following postal address: SendPulse Inc. 220 E 23rd St #401, New York, NY 10010.