Terms of Service

Last Updated: December 14, 2024

Welcome to Zautic ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of Zautic's WhatsApp marketing platform, including our website, services, and applications (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service. Please contact us at hi@zautic.com if you have any questions or need clarification.

These Terms apply to all visitors, users, and others who wish to access or use the Service.

Important: Zautic is not endorsed by, affiliated with, or associated with Meta Platforms Inc. or WhatsApp LLC. We are an independent service provider using publicly available integration methods.

By registering an account or using our Service, you represent and warrant that:

Eligibility: • You are at least 18 years old and have legal capacity to form a binding contract • You have the authority to bind your organization (if using on behalf of a company) • You will provide accurate, complete, and up-to-date information • You will maintain only one active account per email address

Your Responsibilities: • Keep your login credentials secure and confidential • Notify us immediately of any unauthorized account access • You are solely responsible for all activity under your account • You will not create multiple accounts to bypass free trials or limitations • You will comply with all applicable laws and regulations • You will abide by WhatsApp's Terms of Service and Business Policies

Marketing & Display: • You agree to receive occasional newsletters and promotional materials (opt-out available) • You grant us permission to display your company name or logo as a customer reference • You may not resell or sublicense the Service without written permission

Account Information: • Update your information promptly when it changes • Provide valid payment method details for paid services • Respond to our communications regarding your account

Payment Requirements: If you purchase any paid features or services: • Provide current, complete, and accurate billing information • Maintain a valid payment method on file • Authorize us to charge the applicable fees to your payment method • Update payment information if it becomes invalid or expires

Third-Party Payment Processors: • We use secure third-party payment processors (e.g., Stripe) • By submitting payment information, you authorize us to share necessary details with processors • Payment processing is subject to our Privacy Policy and processor terms • We do not store complete credit card numbers on our servers

Order Processing: • We reserve the right to refuse or cancel any order at our discretion • Reasons for cancellation may include: pricing errors, suspected fraud, inaccuracies, or legal requirements • We will notify you if your order is cancelled • Any unauthorized or illegal transactions may result in account termination

Pricing & Taxes: • All prices are in USD (or local currency as displayed) • Prices exclude applicable taxes unless stated otherwise • You are responsible for all applicable taxes • Prices are subject to change with notice

Subscription Plans: • Multiple subscription tiers available (Basic, Pro, Enterprise) • Plans billed monthly or annually based on your selection • Credits may be required for message sending (varies by plan) • Current pricing available on our Pricing page

Automatic Renewal: • Subscriptions renew automatically at the end of each billing cycle • Your payment method will be charged automatically unless you cancel • You authorize recurring charges until you cancel your subscription • Cancellation must occur before the renewal date to avoid charges

Failed Payments: • If payment fails, we will attempt to retry charging your payment method • Multiple failed payments may result in service suspension • You will receive email notifications about payment issues • Update your payment method to restore service • Unpaid invoices may be sent to collections

Price Changes: • We may adjust subscription fees from time to time • You will receive at least 30 days notice of price increases • Continued use after price change constitutes acceptance • You may cancel before the new price takes effect

Cancellation: • Cancel anytime through your account dashboard or by contacting support • Cancellation prevents future automatic renewals • You retain access until the end of your paid period • No refunds for partial billing periods (see Refund Policy) • Export your data before cancellation if needed

Trial Terms: We may offer a free trial of certain subscription plans ("Free Trial"):

• Trial duration varies by plan (typically 14 days) • Full access to plan features during trial period • No charges during the trial period • Billing information may be required to start trial

Trial to Paid Conversion: • Unless cancelled before trial ends, subscription converts to paid automatically • Your payment method will be charged at the end of trial • You will receive email reminder before trial ends • Cancel anytime during trial to avoid charges

Trial Limitations: • One free trial per customer • Valid payment method required • We reserve the right to deny trial access • Not available with other promotional offers unless stated

Trial Modifications: • We may modify, suspend, or discontinue free trial offers at our discretion • Changes may occur without prior notice • Existing trials will honor original terms

General Refund Terms:

Monthly Subscriptions: • Generally non-refundable • No prorated refunds for partial months • Cancel anytime to prevent future charges • Access continues until end of billing period

Annual Subscriptions: • Refundable within 14 days of initial purchase • Refund request must be submitted in writing • Prorated refunds may be available at our discretion • After 14 days, generally non-refundable

Message Credits: • Non-refundable once purchased • Unused credits may expire (see plan details) • Credits are non-transferable between accounts

Refund Process: • Contact support@zautic.com with refund requests • Include account email and reason for refund • Processed within 10 business days • Refunded to original payment method • Immediate account access termination upon refund

Exceptions: • Service outages or technical issues may qualify for credits or refunds • Violations of Terms result in no refund • Chargebacks result in immediate account termination • Some jurisdictions may require different refund terms

Prohibited Content: You agree NOT to send or distribute:

• Spam, junk mail, or unsolicited commercial messages • Fraudulent, deceptive, or misleading content • Malware, viruses, or other harmful code • Illegal content or content promoting illegal activities • Hate speech, harassment, threats, or violence • Adult or sexually explicit content • Content infringing intellectual property rights • Phishing attempts or scam messages • Content violating privacy rights

Prohibited Activities: You agree NOT to:

• Violate WhatsApp Terms of Service or Business Policies • Violate any applicable laws or regulations (CAN-SPAM, GDPR, CCPA, etc.) • Send messages without proper consent from recipients • Fail to honor opt-out or unsubscribe requests • Exceed rate limits or usage quotas • Attempt to bypass security measures or restrictions • Reverse engineer or decompile our software • Resell or redistribute the Service without authorization • Impersonate others or misrepresent your affiliation • Interfere with other users' enjoyment of the Service • Create accounts using automated means • Scrape or harvest data without permission • Use the Service for competitive analysis

Compliance Requirements: • Obtain proper consent before messaging contacts • Provide clear opt-out mechanisms in messages • Honor unsubscribe requests within 10 business days • Maintain records of consent • Include accurate sender identification • Follow industry best practices and guidelines

Consequences: • Violations may result in immediate account suspension • Termination without refund for serious violations • We may report illegal activities to authorities • You are liable for all damages resulting from violations

No Affiliation with WhatsApp:

IMPORTANT DISCLAIMER: Zautic is NOT endorsed by, affiliated with, or associated with Meta Platforms Inc., WhatsApp LLC, or WhatsApp Ireland Limited. We are an independent service provider using publicly available integration methods to facilitate WhatsApp messaging.

WhatsApp Requirements: You must comply with:

• WhatsApp Business API Terms of Service • WhatsApp Commerce Policy • WhatsApp Business Policy • Meta Platform Terms • All applicable WhatsApp guidelines and requirements

Message Quality Standards: • Messages must be relevant and valuable to recipients • Maintain high delivery and read rates • Avoid high block and report rates • Follow WhatsApp template message guidelines • Use only approved message templates • Respond to user inquiries promptly • Provide opt-out mechanisms

Number Verification: • You must verify ownership of all phone numbers used • Only use numbers you have legal rights to • Display accurate business information • Maintain good number reputation • Multiple numbers may require additional verification

WhatsApp Account Risks: • Violations may result in WhatsApp account suspension or ban • We are NOT responsible for WhatsApp policy violations • We are NOT responsible for WhatsApp account restrictions • WhatsApp may change policies affecting our Service • You are solely responsible for compliance

Third-Party Services: • We integrate with various third-party services (analytics, payments, etc.) • Third-party services have their own terms and policies • We are not responsible for third-party service outages • Compatibility with third parties is not guaranteed • Third-party changes may impact Service functionality

Platform Features: • WhatsApp Business API integration • Bulk messaging and campaigns • Contact and group management • Message automation and scheduling • Template management • Analytics and reporting • Team collaboration tools • API access (based on plan) • Webhook integrations • CRM features

Service Availability: • We target 99.9% uptime but do not guarantee uninterrupted service • Scheduled maintenance announced in advance (typically 72 hours notice) • Emergency maintenance may occur without notice • Service limitations apply based on subscription plan • WhatsApp API availability affects our Service

Service Modifications: • We may modify, add, or remove features at any time • Material changes will be communicated when possible • We may deprecate features with reasonable notice • Continued use after changes constitutes acceptance • Beta features may change or be removed without notice

Usage Limits: • Message sending limits based on WhatsApp tier • Contact storage limits based on plan • API rate limits apply • Concurrent user limits based on plan • Storage limits for media and files

Analytics Tools: We may use third-party analytics services to improve our Service:

• Google Analytics (website usage and performance) • Microsoft Clarity (user behavior and heatmaps) • Mixpanel or similar (product analytics) • Error tracking services (bug detection)

Data Collected by Analytics: • IP addresses (may be anonymized) • Browser type and version • Device information • Pages visited and time spent • Referring websites • Geographic location (country/city level) • User interactions and click patterns

Your Analytics Choices: • Opt out of analytics tracking in account settings • Use browser Do Not Track signals • Install browser extensions that block analytics • Contact us to request data deletion

Data Security Measures: • Industry-standard encryption (TLS/SSL) • Secure data centers with physical security • Regular security audits and penetration testing • Employee access controls and training • Automated backup systems • Incident response procedures • Vulnerability management program

Data Security Limitations: • No method of transmission over the internet is 100% secure • No storage method is completely secure • You use the Service at your own risk • We are not liable for unauthorized access beyond our reasonable control • You are responsible for securing your own devices and networks

Data Breach Notification: • We will notify you of any material data breach • Notification provided without undue delay • Comply with applicable data breach laws • Provide information on steps taken and recommended actions

Data Processing Relationship: • See our Privacy Policy for comprehensive information • You are the data controller of your customer data • We are the data processor acting on your behalf • You must have legal basis for processing all data • Comply with GDPR, CCPA, and other applicable laws

Your Data Responsibilities: • Obtain necessary consents from all contacts before messaging • Provide clear privacy notices to your contacts • Inform contacts about data collection and use • Honor data subject rights (access, deletion, portability, etc.) • Maintain adequate data security practices • Report data breaches to authorities as required by law • Keep records of consent and data processing activities • Conduct Data Protection Impact Assessments when required

Our Data Commitments: • Process data only according to your instructions • Implement appropriate security measures • Assist with data subject requests • Notify you of any data breaches • Delete or return data upon request • Allow audits and inspections as required • Maintain data processing records

Data Retention: • Active account data: retained while account is active • Deleted account data: 30 days (recovery period) • Backup data: up to 90 days • Billing records: 7 years (legal requirement) • Analytics data (anonymized): up to 24 months • You can request earlier deletion

Data Transfers: • Your data may be processed in multiple countries • We use appropriate safeguards for international transfers • Standard Contractual Clauses used where required • Comply with data localization requirements

Our Intellectual Property: • Zautic owns all rights to the platform, software, and Service • Our trademarks, logos, and brand elements are protected • All content, features, and functionality are owned by us or our licensors • Protected by copyright, trademark, patent, and trade secret laws • You may not use our trademarks without prior written consent • All rights not expressly granted to you are reserved

Your Content and Data: • You retain all ownership rights to content you upload • This includes: contacts, messages, templates, media, and other data • You represent that you have all necessary rights to your content • You are solely responsible for your content and its legality

License You Grant Us: You grant Zautic a: • Worldwide, non-exclusive, royalty-free license • To use, process, store, and transmit your content • Solely to provide and improve the Service • For the duration of your use of the Service • License terminates upon account deletion (subject to retention periods)

Your License to Use Service: We grant you a: • Limited, non-exclusive, non-transferable, revocable license • To access and use the Service • For your internal business purposes only • Subject to these Terms and your subscription plan • You may not sublicense, sell, or transfer this license • License automatically terminates upon Terms violation

Feedback and Suggestions: • Any feedback you provide may be used by us freely • You grant us perpetual, irrevocable, royalty-free rights to implement • No compensation owed for feedback or suggestions • Feedback includes: ideas, suggestions, bug reports, feature requests

Copyright Infringement: If you believe content infringes your copyright: • Send written notice to support@zautic.com • Include description of copyrighted work • Identify infringing material and its location • Provide your contact information • Include good faith statement that use is unauthorized • Include statement under penalty of perjury • We may remove or disable access to disputed content

SERVICE PROVIDED "AS IS":

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability • Fitness for a particular purpose • Non-infringement • Accuracy, reliability, or completeness • Error-free or uninterrupted operation • Security or virus-free operation

NO GUARANTEES: We do NOT guarantee that:

• The Service will be uninterrupted, timely, secure, or error-free • Results from using the Service will be accurate or reliable • Quality of Service will meet your expectations • Defects will be corrected in any timeframe • The Service is free of viruses or harmful components • Messages will be delivered to recipients • WhatsApp accounts will be approved or maintained • Third-party integrations will continue functioning • Data will not be lost or corrupted • Service will be compatible with all devices or platforms

Third-Party Dependence: • We rely on WhatsApp, Meta, and other third-party services • We are NOT responsible for third-party service outages or changes • WhatsApp policy changes may impact Service functionality • Third-party services have their own terms and limitations • We do not control or guarantee third-party service availability

Your Responsibilities: • You are responsible for compliance with all applicable laws • You are responsible for all message content and campaigns • You are responsible for obtaining necessary consents • You should maintain backups of important data • You should test campaigns before large sends • You assume all risks associated with use of Service

Beta Features: • Beta features provided "as is" with no warranties • May contain bugs or errors • May change or be discontinued without notice • Use at your own risk

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

MAXIMUM LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY LAW, ZAUTIC'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR • One hundred US dollars (USD $100)

EXCLUDED DAMAGES:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZAUTIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages • Loss of profits, revenue, income, or business opportunities • Loss of data, content, or information • Loss of business reputation or goodwill • Cost of substitute goods or services • Service interruption or unavailability • Unauthorized access to your account or data • Errors, mistakes, or inaccuracies in Service • Personal injury or property damage • Third-party actions or content • WhatsApp account suspension or termination • Message delivery failures • Campaign performance issues • Regulatory fines or penalties

THESE LIMITATIONS APPLY: • Whether based on warranty, contract, tort, strict liability, or other theory • Even if we have been advised of the possibility of such damages • Even if a remedy fails of its essential purpose

JURISDICTIONAL EXCEPTIONS: Some jurisdictions do not allow: • Limitation of certain damages • Exclusion of implied warranties • Limitation of liability for personal injury or death

In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification: You agree to indemnify, defend, and hold harmless Zautic and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms • Your violation of any law or regulation • Your violation of any third-party rights (including intellectual property, privacy, or publicity rights) • Your content or messages sent through the Service • Your use or misuse of the Service • Your violation of WhatsApp or other third-party terms • Any false or misleading information you provide • Disputes between you and your contacts or customers

This indemnification obligation survives termination of these Terms.

Term: These Terms commence when you first access or use the Service and continue until terminated by either party.

Termination by You: • Cancel your subscription anytime through account settings • Contact support@zautic.com to request account deletion • Cancellation effective at end of current billing period • Immediate termination available upon request (no refund for remaining time) • You may export your data before termination • Ensure no outstanding payments owed

Termination by Us: We may suspend or terminate your account immediately and without notice for:

• Violation of these Terms or our policies • Non-payment of fees or failed payment method • Fraudulent, abusive, or illegal activity • Prolonged inactivity (typically 12+ months) • WhatsApp account suspension or termination • Violation of WhatsApp or third-party policies • Excessive complaints or poor message quality • Risk to our Service or other users • Required by law or court order • At our sole discretion for any reason

Temporary Suspension: • We may temporarily suspend access pending investigation • Suspension for security or fraud concerns • Suspension for suspected Terms violations • Suspension for failed payments (restored upon payment) • You will be notified of suspensions when possible

Effect of Termination: Upon termination:

• Your right to access and use the Service immediately ceases • We may delete your account and data per our retention policy • You remain liable for all unpaid fees and charges • Refund rights (if any) are governed by our Refund Policy • You lose access to all content and data (export beforehand) • Active campaigns and scheduled messages will be cancelled • API keys will be revoked immediately

Surviving Provisions: The following provisions survive termination: • Ownership rights • Indemnification obligations • Liability limitations and disclaimers • Governing law and dispute resolution • Any accrued payment obligations • Confidentiality obligations

Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction to be specified], without regard to its conflict of law principles.

Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located in [Location to be specified] for resolution of any disputes arising from or relating to these Terms or the Service.

Informal Resolution First: Before filing any formal claim: • Contact us at hi@zautic.com to attempt informal resolution • Provide detailed description of the dispute • Give us 30 days to attempt to resolve the issue • Most disputes can be resolved quickly this way

Arbitration Agreement: [If applicable - to be customized based on jurisdiction]

• Disputes may be resolved through binding arbitration • Arbitration conducted under applicable arbitration rules • Arbitrator's decision is final and binding • Individual basis only (no class actions) • Arbitration fees as per applicable rules • Location: [To be specified] • Language: English

Exceptions to Arbitration: Either party may seek relief in court for: • Intellectual property disputes • Injunctive or equitable relief • Small claims court matters (within jurisdictional limits) • Collection of unpaid fees

Class Action Waiver: You agree to bring claims against us only in your individual capacity and NOT: • As a plaintiff or class member in any class action • As a member of a collective or representative action • On behalf of any other person or entity • In any consolidated proceeding with other claims

This waiver applies to the fullest extent permitted by law.

Statute of Limitations: Any claims must be filed within one (1) year from when the cause of action arose. Claims filed after this period are permanently barred.

Equitable Relief: We may seek injunctive or other equitable relief in any court for: • Violations of intellectual property rights • Unauthorized access to systems • Violations of confidentiality • Any action that could cause immediate and irreparable harm

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Zautic regarding the Service and supersede all prior agreements and understandings.

Amendments to Terms: • We may modify these Terms at any time • Material changes will be notified via email or platform notification • Changes effective upon posting unless otherwise stated • Continued use after changes constitutes acceptance • Previous versions available upon request • You should review Terms periodically

Assignment: • You may not assign or transfer these Terms without our written consent • Any attempted assignment without consent is void • We may assign these Terms to any affiliate, successor, or acquirer • Assignment may occur in connection with merger, acquisition, or asset sale

Severability: • If any provision is found invalid or unenforceable, remaining provisions continue in effect • Invalid provisions will be modified to be enforceable while preserving intent • Applies to the fullest extent permitted by law

Waiver: • Our failure to enforce any right or provision does not constitute a waiver • No waiver is effective unless in writing and signed by authorized representative • Waiver of one breach does not waive subsequent breaches • All rights and remedies are cumulative

Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including: • Natural disasters (earthquakes, floods, fires) • War, terrorism, riots, civil unrest • Government actions or regulations • Strikes or labor disputes • Internet or telecommunications failures • Pandemics or health emergencies • Third-party service failures • Power outages or infrastructure failures

No Agency: • No partnership, joint venture, or employment relationship created • You are an independent contractor • Neither party has authority to bind the other • No agency relationship exists

Notices: • Legal notices sent to email address on file • You must keep contact information current • Notices effective when sent to last known email • Email to hi@zautic.com for notices to us • Certain notices may be posted on our website

Export Compliance: • You will comply with all export laws and regulations • Service may not be available in all countries • You may not use Service in embargoed countries • You represent that you are not on any prohibited party list

Government Users: If you are a government entity, the Service is provided as "Commercial Computer Software" as defined in applicable regulations.

Language: These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

Age Requirement: The Service is intended only for users who are at least eighteen (18) years of age.

Your Representation: By accessing or using the Service, you represent and warrant that: • You are at least 18 years old • You have the legal capacity to enter into a binding contract • You meet the minimum age requirements in your jurisdiction

Parental Responsibility: • If you allow minors to use your account, you are responsible for their actions • Monitor all activities performed under your credentials • Ensure compliance with applicable laws regarding minors

Account Termination: • We may terminate accounts of users under 18 without refund • No liability for any losses resulting from such termination • Contact us if you believe an underage user has created an account

Verified Violations: If we learn that we have collected information from anyone under 18: • We will promptly delete that information • Account will be terminated immediately • No refunds will be provided

Voluntary Feedback: We welcome and encourage your feedback, comments, ideas, and suggestions for improvements to our Service ("Feedback").

License to Use Feedback: By submitting Feedback, you grant us a: • Worldwide, perpetual, irrevocable, royalty-free license • To use, modify, reproduce, distribute, and display your Feedback • For any purpose, including improving or marketing the Service • Without attribution or compensation to you • Right to sublicense to third parties

No Obligation: • We have no obligation to use or implement any Feedback • No obligation to keep Feedback confidential • No obligation to compensate you for Feedback • We may independently develop similar features

No Confidentiality: • Do not submit confidential information as Feedback • Assume all Feedback will be treated as non-confidential • Use separate confidentiality agreements if needed

How to Submit Feedback: • Email: hi@zautic.com or support@zautic.com • In-app feedback form • Feature request portal • Support tickets • Community forums (if available)

General Inquiries: Email: hi@zautic.com Response Time: Within 24-48 hours (business days)

Support: Email: support@zautic.com Support Portal: zautic.com/contact Response Time: Within 24 hours

Legal & Compliance: For legal matters, Terms questions, or compliance inquiries: Email: legal@zautic.com

Billing & Payments: For billing issues, invoices, or payment questions: Email: billing@zautic.com or contact support

Data Protection & Privacy: For privacy-related inquiries or data subject requests: Email: privacy@zautic.com

Abuse & Security: To report abuse, security issues, or Terms violations: Email: abuse@zautic.com Security issues: security@zautic.com

Business Hours: Monday - Friday: 9:00 AM - 6:00 PM Weekends & Holidays: Limited support availability

We strive to respond to all inquiries promptly. For fastest response, please use the most appropriate contact method for your inquiry type.