Terms and Conditions
WANotifier.com is owned and operated by WANotifier Inc, 8 The Green #13143, Dover, DE 19901, USA.
Please carefully read, review and be sure you understand our Terms and Conditions prior to using the Software as a Service (SaaS) from WANotifier.com.
WANotifier Inc ("WANotifier.com", "WANotifier", "we", "us", or "our") provides a SaaS tool that allows our customers to create, edit, store, analyze and send message notifications to their customers using WhatsApp's Cloud API. A "Customer" is an entity with whom WANotifier Inc has an agreement to provide the Service.
These Terms and Conditions (the "Agreement") is an agreement between the Customer and WANotifier Inc, and is entered the date the Customer signs up for an account through the WANotifier.com website (the "Effective Date").
If you register for a WANotifier.com account, you acknowledge your understanding of these terms and enter the Agreement on behalf of Customer. Please make sure you have the necessary authority to enter into the Agreement on behalf of the Customer before proceeding.
If a Customer violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services or software tools.
WANotifier may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.
WANotifier may refuse service to anyone for any reason at any time.
BY USING ANY ELEMENT OF WANOTIFIER.COM (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF WANOTIFIER.COM, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO WANOTIFIER INC THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING WANOTIFIER.COM ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO WANOTIFIER THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
1. WANotifier Platform
Provisioning of WANotifier.com. Subject to Customer's compliance with the terms and conditions of this Agreement, WANotifier Inc will make WANotifier.com available to Customer on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to the Third Party Messaging Platform WhatsApp, Pre-Integrated Third Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between WANotifier.com and WhatsApp, Pre-Integrated Third Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API credentials, whether directly or via Customer's Clients, to use the tool as a business.
2. Modifications to the Service and Fees
WANotifier Inc may modify, suspend or discontinue the Service or any part of it. Except where suspension is necessary to address a security incident, prevent abuse, or comply with law, WANotifier Inc will give Customer reasonable advance notice of any material modification, suspension or discontinuation.
WANotifier Inc reserves the right to change our monthly / annual fees upon 30 days notice. Fee changes will be notified by email to all our subscribers and will be reflected on the pricing page at wanotifier.com/pricing.
Changes to this Agreement. WANotifier Inc may update this Agreement from time to time and will give at least thirty (30) days' notice of material changes by email or in-product notification. For monthly subscriptions, changes take effect at the start of the next billing period. If Customer does not accept a material change, Customer may cancel before that date. No refund will be issued for the current billing period. For annual subscriptions, material changes take effect at the start of the next Term. Customer's existing Term continues on the terms in force when it began. If Customer does not accept a material change, Customer may decline renewal. Changes required by applicable law, regulation, or by WhatsApp or Meta platform policy take effect immediately on notice for all Customers. Continued use of the Service after a change takes effect constitutes acceptance of it.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement.
If WANotifier Inc permanently discontinues the Service, WANotifier Inc will refund prepaid Fees for the unused portion of the Term on a pro-rata basis.
3. Trademark License
During the Term, Customer hereby grants to WANotifier Inc a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free license to use Customer's trademarks and logos made available to WANotifier Inc by Customer as part of this Agreement, solely in connection with the marketing, advertising, and promotion of WANotifier.com, including listing the Customer on the WANotifier.com website; and only in accordance with Customer's reasonable trademark usage guidelines, as updated by Customer from time to time. Customer may require WANotifier Inc to cease using Customer's trademarks and logos if, in the reasonable opinion of Customer, the continued display of Customer's trademarks and logos would cause a materially adverse effect on Customer's image and the goodwill associated therewith.
4. Copyrights & Ownership
WANotifier Inc expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title or interest in: (i) WANotifier.com (or any part thereof) and any other materials or content provided by WANotifier Inc under this Agreement, including any and all Modifications to any of the foregoing; and (ii) all intellectual property rights in any of the foregoing (clauses (i) and (ii) are collectively, the "WANotifier Inc Property"), in each case. All rights, titles and interest in the WANotifier Inc Property will remain with WANotifier Inc (or WANotifier Inc's third party suppliers, as applicable). Customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which WANotifier Inc or its suppliers own. Customer agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of WANotifier Inc. For greater certainty, the WANotifier Inc Property is licensed and not "sold" to the Customer.
WANotifier Inc claims no intellectual property rights over the Content you upload or provide to the Service.
Customer Data and Personal Data
As between the parties, Customer owns all Customer Data. WANotifier claims no ownership of it.
Where Customer Data includes personal data, Customer is the controller and WANotifier is the processor. WANotifier processes such personal data only on Customer's documented instructions, as set out in the Data Processing Agreement at https://wanotifier.com/dpa/, which forms part of this Agreement. Where this Agreement conflicts with the Data Processing Agreement on matters of personal data, the Data Processing Agreement prevails.
WANotifier engages sub-processors only in accordance with the Data Processing Agreement. The current list is published at https://trust.wanotifier.com/subprocessors, and WANotifier will give at least 14 days' notice before adding or replacing a sub-processor.
WANotifier may generate and use aggregated statistical data derived from use of the Service, such as feature usage counts, volume and performance metrics, provided that such data is fully anonymized so that no individual or Customer can be identified or re-identified, and is never derived from message content.
Customer is responsible for ensuring it has a lawful basis for the personal data it uploads and the messages it sends, and for providing required notices to its own contacts.
5. Customer Responsibilities
Customer Accounts. Upon Customer's request, WANotifier Inc will issue one or more administrator accounts (the "Administrator Accounts") to Customer that provides Customer with the capability to create accounts for use by individuals who are an employee or contractor of Customer and that Customer wishes to have access to and use of WANotifier.com (each, an "Administrative User"). The Customer will ensure that Administrative Users only use WANotifier.com through their Customer Account. The Customer will not share the Administrator Accounts with any other person and will not allow Administrative Users to share their Customer Account with any other person. The Customer will promptly notify WANotifier Inc of any actual or suspected unauthorized use of WANotifier.com. WANotifier Inc reserves the right to suspend, deactivate, or replace any Customer Account or Administrator Accounts if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose.
Customers are responsible for maintaining the privacy and security of their accounts. WANotifier Inc will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
Use Restrictions. Customer acknowledges and agrees that it is responsible for the activities and communications between all Administrative Users, Chat Agents and Chat Participants on WANotifier.com, and the compliance by all Administrative Users, Chat Agents and Chat Participants with this Agreement, and any guidelines and policies published by WANotifier Inc from time to time.
The Customer is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for all Content sent and activity that occurs under your account (even when Content is sent by others to your account).
WANotifier Inc may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.
Without limiting the generality of any of the foregoing, Customer will not, and will not permit any other person (including any Administrative Users, Chat Agents or Chat Participants) to:
– use WANotifier.com to send, upload, collect, transmit, store, use, disclose or process, or ask WANotifier Inc to obtain from third parties or perform any of the above with respect to, any Customer Data:
- that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- that Customer or the applicable Administrative User, Customer's Client or Chat Participant does not have the lawful right to send, upload, collect, transmit, store, use, disclose, process, copy, transmit, distribute and display;
- that is false, intentionally misleading, or impersonates any other person;
- that is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- that is harmful to minors in any way or targeted at persons under the age of 16;
- that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
- that encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
– disable, overly burden, impair, or otherwise interfere with servers or networks connected to WANotifier.com (e.g., a denial of service attack);
– attempt to gain unauthorized access to WANotifier.com;
– use any data mining, robots, or similar data gathering or extraction methods, or copy, Modify, reverse engineer, reverse assemble, disassemble, or decompile WANotifier.com or any part thereof or otherwise attempt to discover any source code, except as expressly provided for in this Agreement;
– use WANotifier.com for the purpose of building a similar or competitive product or service; or
– use WANotifier.com other than as permitted by this Agreement.
WhatsApp & Usage Policy
– The Customer shall adhere to all the terms & conditions set by WhatsApp at all times. WhatsApp may update the WhatsApp Business Policy without notice; by continuing to use the WhatsApp Business Products after such change, Customer consents to such changes. https://www.whatsapp.com/legal/business-policy/
– The Customer is not in violation of the WhatsApp Commerce Policy, and not in any of the restricted industries. https://www.whatsapp.com/legal/commerce-policy/
– WhatsApp may add limits to businesses on the number of messages to send per day. All Customers must adhere to this Messaging Limit. https://developers.facebook.com/docs/whatsapp/api/rate-limits
– WhatsApp has the absolute discretion to review, approve or reject any Message Templates (as defined in WhatsApp documentation) at any time.
– Customer agrees to ensure full compliance with WhatsApp Policies regarding sending of messages.
– WhatsApp does not offer a way to be notified when a user has blocked your sender, or to retrieve a list of users who have blocked you.
– Any violation of these WhatsApp policies may lead to suspension of the number by WhatsApp. WhatsApp has absolute discretion to limit or remove Customer's access to or use of the WhatsApp Business Products if Customer receives excessive negative feedback, causes harm to WhatsApp or WhatsApp's users, or violates or encourages others to violate WhatsApp's terms or policies, as determined by WhatsApp in its sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit Customer and Customer's organization from all future use of WhatsApp products.
– WANotifier Inc shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the Customer.
– Once registered on wanotifier.com, Customers cannot reuse the WhatsApp number on the WhatsApp Business App or WhatsApp mobile app. The Customer owns the phone number.
WhatsApp Onboarding & Verification Terms
– WhatsApp imposes reviews, such as Facebook business verification, to ensure the quality of businesses using WhatsApp products. These requirements are prerequisites to use the WhatsApp Cloud API, and WANotifier.com. WhatsApp has absolute discretion to approve Customer's usage of WhatsApp products. WANotifier Inc will assist in the process but does not guarantee any approvals.
– By using WANotifier.com, clients agree to the setup for a WhatsApp Business Account and WhatsApp Cloud API, and will provide all the prerequisite documents as required by WhatsApp & Facebook.
WhatsApp Message Policy & Pricing
– WhatsApp may change acceptable message types and related policies at their absolute discretion at all times.
– The Customer may only initiate chats if they are sending a transactional notification, and only via approved Message Templates (as defined in WhatsApp documentation), subject to applicable pricing. Any Message Templates must comply with WhatsApp's terms, and only be used for their designated purpose. WhatsApp has the right to review, approve and reject any Message Template at any time.
– The Customer acknowledges that they are responsible for the variable messaging costs, which are charged and billed by WhatsApp.
– WhatsApp charges you on a per conversation basis for both the conversations you start (business initiated) and the conversations started by your contacts (user initiated). https://developers.facebook.com/docs/whatsapp/pricing
– All billing related to the messages sent via the WhatsApp Cloud API is billed directly by WhatsApp and WANotifier Inc does not charge you for messaging.
– The payment that we charge at WANotifier.com is only for the paid version of the SaaS tool. WANotifier.com only acts as a middleware tool to help you utilize the WhatsApp Cloud API.
6. Email and Web Support
Customer will generally have access to WANotifier.com's technical support from 10:00am to 7:00pm IST (GMT+5:30) on weekdays (other than holidays observed by WANotifier Inc) through email support, or through the website using our chat widget, or by emailing us at [email protected].
7. Fees and Payment
Free Trial. WANotifier offers a 7-day free trial. At the end of the trial period, access to the Service will be suspended unless Customer subscribes to a paid plan.
Fees. The Customer will pay to WANotifier Inc the applicable fees described on the WANotifier.com website (the "Fees") during the Term in accordance with the payment terms set out herein.
WhatsApp Cloud API Fees. For greater clarity, WANotifier.com's Fees do not include any charges that may be assessed by WhatsApp for the use of their Cloud API. Such charges shall be the responsibility of the Customer, paid directly to WhatsApp on WhatsApp's billing portal (business.facebook.com).
Payment Terms:
– WANotifier Inc shall charge and invoice the Customer applicable Fees in accordance with our pricing schedule, in advance, by credit card, on the Effective Date and on every anniversary thereafter. Subscription Fees are charged on a pre-pay basis. Except as expressly provided in Section 9 (Termination for Cause) and the Refund Policy, all payments are nonrefundable.
– There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
– Payment obligations hereunder are not subject to any set-off or withholding rights whatsoever, any and all of which are hereby expressly waived by Customer.
– Disputed Invoices or Charges. If Customer in good faith disputes any portion of a WANotifier Inc invoice or charge, Customer may provide a dispute notice to WANotifier Inc with written documentation identifying and substantiating the disputed amount within fifteen (15) days from receipt of the applicable invoice or charge, and if applicable, at the time it pays the undisputed portion of such invoice, withhold payment of such disputed portion. If Customer does not report or does not provide such substantiating documentation within that period, Customer shall be deemed to have waived its right to dispute any and all portions of that invoice.
– Late Payment. Except for bona fide disputed amounts, any failure to make a payment of any Fees or taxes in strict conformity with the requirements entitles WANotifier Inc to suspend, in whole or in part, access to Services, until such payment is received. Additionally, WANotifier Inc shall assess and Customer shall pay a charge, compounded monthly, of the lesser of (a) 1.5% per month (19.56% per year) or (b) the highest amount allowed by law on all past due amounts (except amounts disputed). Furthermore, upon any such failure all outstanding amounts shall become due and payable without further delay.
– Cancellation of your Account is governed by Section 10 (Account States and Data Retention).
Refunds. Fees are non-refundable except as expressly set out in the Refund Policy, which forms part of this Agreement, and in Section 9 (Termination for Cause) of this Agreement.
8. Warranties and Disclaimers
WANotifier Inc makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be uninterrupted or error-free, save for the availability commitment in Section 8A, (iv) the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
8A. Service Availability
WANotifier targets monthly uptime of 99.5% for the production application, measured as the percentage of minutes in a calendar month during which the Service is materially available, excluding Excluded Downtime.
Excluded Downtime means unavailability caused by: scheduled maintenance notified in advance; emergency maintenance required to address a security issue; Customer's own systems, network or configuration; failure or degradation of the WhatsApp Business Platform or any other third-party service outside WANotifier's control; or any event described in the Force Majeure provision.
WANotifier monitors availability continuously and publishes incident information. This is a service commitment, not a service level agreement, and does not give rise to service credits or refunds.
9. Term and Termination
Term. This Agreement will commence on the Effective Date and continue to be in effect until your subscription has been terminated in accordance with the terms Customer agreed to on the WANotifier.com website at time of signup (the "Term"). For greater certainty, if Customer has subscribed to an ongoing subscription, then such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the WANotifier.com website.
Termination For Convenience.
Customer may cancel its subscription at any time through the Service or by emailing a cancellation request to WANotifier Inc. Cancellation takes effect at the end of the then-current Term, and the subscription will not renew thereafter. Customer will remain liable for all charges accrued up to the end of that Term, including the full monthly or yearly charge for the period in which Customer cancelled. Customer will not be charged again after the end of that Term.
WANotifier Inc may terminate this Agreement as of the end of the then-current Term by providing notice on or prior to the date thirty (30) days preceding the end of such Term.
WANotifier Inc will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. WANotifier Inc shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Termination For Non-payment.
WANotifier Inc reserves the right to suspend Services if the Customer fails to timely pay any undisputed amounts due to WANotifier Inc under this Agreement, but only after WANotifier Inc notifies Customer of such failure and such failure continues for thirty (30) calendar days after such notification. Suspension of Services shall not release Customer of its payment obligations under this Agreement. Customer agrees that WANotifier Inc shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Customer's non-payment, unless WANotifier Inc suspends the Services without giving Customer 30 calendar-days written notice to rectify its failure to pay.
Termination for Cause. A Party may terminate this Agreement for cause (a) upon thirty (30) days' written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by you in accordance with this section, WANotifier Inc will, to the extent permitted by applicable law, refund you any prepaid fees covering the remainder of the Term after the effective date of termination. If this Agreement is terminated by WANotifier Inc in accordance with this section, you will pay any unpaid fees covering the remainder of the Term. In no event will termination relieve you of your obligation to pay any fees payable to WANotifier Inc for the period prior to the effective date of termination.
Effect of termination on data. See Section 10.
10. Account States and Data Retention
Active. While your subscription is active, WANotifier retains your Customer Data and you have full access to it.
Lapsed. If your subscription is cancelled, expires, or is terminated, your account enters a lapsed state. WANotifier retains your Customer Data for twelve (12) months from that date so that you can reactivate without loss of data. During the lapsed period, access to the Service may be suspended, limited, or read-only, but you may export your Customer Data at any time on request.
Deletion. WANotifier will notify you by email at least thirty (30) days before the end of the lapsed period. If you do not reactivate or request return of your Customer Data, WANotifier will delete it from production systems within 30 days of the lapsed period ending, and from backups in accordance with its backup rotation schedule.
Deletion on request. You may request deletion of your Customer Data at any time, regardless of account state. WANotifier will action the request within 30 days, except where retention is required by applicable law.
Return on request. On written request made before deletion, WANotifier will return your Customer Data in a structured, commonly used, machine-readable format instead of deleting it.
Records WANotifier retains separately. Invoices, transaction records, and account identifiers are retained as required by tax, accounting and company law, independently of the above. These are held by WANotifier as controller, not as processor.
11. Security and Personal Data Breach
WANotifier Inc maintains technical and organizational measures appropriate to the risk, as described in Annex II of the Data Processing Agreement at https://wanotifier.com/dpa/.
WANotifier Inc will notify Customer without undue delay, and in any event within seventy-two (72) hours, of becoming aware of a personal data breach affecting Customer Data.
12. Limitation of Liabilities
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
AMOUNT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WANOTIFIER INC IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND US DOLLARS ($1,000). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL WANOTIFIER INC'S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WANOTIFIER INC BE LIABLE TO CUSTOMER OR ANY USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) ANY COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (V) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
EXCLUSIONS. Nothing in this Agreement excludes or limits either party's liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) Customer's obligation to pay Fees; or (iv) any liability that cannot lawfully be excluded or limited, including liability to data subjects under Article 82 of the GDPR.
13. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
Nothing in this clause deprives a consumer of the protection of mandatory provisions of the law of their country of residence, nor affects the governing law and forum specified in the Standard Contractual Clauses incorporated into the Data Processing Agreement.
14. Assignment
Customer may not assign this Agreement without WANotifier Inc's prior written consent, such consent not to be unreasonably withheld.
WANotifier Inc may assign this Agreement in whole or in part, without consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by this Agreement. WANotifier Inc will notify Customer of any such assignment.
15. General
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Force Majeure. Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, or failures of third-party services including the WhatsApp Business Platform.
Notices. Notices to WANotifier Inc must be sent to [email protected]. Notices to Customer will be sent to the email address associated with the Customer Account. Notices are deemed given on the date sent.
No Waiver. Failure to enforce any provision of this Agreement does not constitute a waiver of that or any other provision.
Entire Agreement. This Agreement, together with the Data Processing Agreement, the Privacy Policy, and the Refund Policy, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings.
Order of precedence. Where there is a conflict, the Data Processing Agreement prevails on matters of personal data, and this Agreement prevails over the Refund Policy and Privacy Policy on all other matters.
Survival. Sections 4, 7, 10, 11, 12, 13 and 15 survive termination of this Agreement.
Last updated: 11th Sept, 2026