1. Terms and Conditions
This Terms of Service has been updated as of February 08th, 2023 and will be effective as of February 08th, 2023.
WhaEngage (“WhaEngage”, “we,” “us”, or “our”) provides a Software as a Service (SaaS) based “Conversation Platform”, named “WhaEngagePlatform” or “WhaEngage WhatsApp API Chatbot Solution” that allows our customers to store, manipulate, analyse and transfer messages between their business systems. A “Customer” is an entity with whom WhaEngage has an agreement to provide the Service.
This Terms of Service (the “Agreement”) is an agreement between the Customer and WhaEngage, together the “Parties” and each, a “Party”, and is entered the date the Customer signs up for a WhaEngage account through the WhaEngage website and through the Executive Team or the date specified on the Service Agreement (the “Effective Date”).
If you register for a WhaEngage 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 Customer before proceeding.
WhaEngage reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
2. Account
You must provide your valid email address and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password.
WhaEngage cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
One person or legal entity may not maintain more than one account.
3. Consent
Signing up with WhaEngage gives us permission to send you emails including but not limited to marketing, promotional, communications related to WhaEngage.
4. Prohibition
When using any WhaEngage content and/or the WhaEngage Platform, unless otherwise approved in writing by WhaEngage, the following prohibitions apply:
You will not use the APIs or other WhaEngage content on behalf of any third party, unless such third party has expressly authorized you to access and use the WhaEngage content under its account.
You will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website(s), APIs, other WhaEngage content, or the WhaEngage Platform.
You will not create an Application that functions substantially the same as the APIs or other WhaEngage content and offer it for use by third parties.
You will not use the WhaEngage content or WhaEngage Platform in connection with providing any adult entertainment oriented or otherwise pornographic services.
You will not perform an action with the intent of introducing to the Website(s), WhaEngage content, or WhaEngage Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
You will not use the WhaEngage content or WhaEngage Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
You will not use the APIs, other WhaEngage content, or the WhaEngage Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in WhaEngage’s sole discretion) to WhaEngage, its service providers, its suppliers, end users of the WhaEngage Platform, or any individual or entity.
You will not use the APIs, other WhaEngage content, or the WhaEngage Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
5. Compliance
WhaEngage reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include WhaEngage accessing and using your Device or Application, for example to identify stability or security issues that could affect WhaEngage or its customers. You consent to any such investigation. WhaEngage may immediately suspend or terminate access to the Website(s), APIs, other WhaEngage content, and the WhaEngage Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.
6. Updated
We reserve the right to modify or update the Website(s), WhaEngage content and/or WhaEngage Platform at any time, for any reason, and without notice to you. If WhaEngage makes updates, revisions, breaking changes or in any way modifies an API or other WhaEngage content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and other WhaEngage content. We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any WhaEngage content or the WhaEngage Platform.
7. Branding
Brand
Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Marks”).
Publicity
You will not make any statement regarding your use of an API that suggests partnership with, sponsorship by or endorsement by WhaEngage without WhaEngage’s prior written approval.
Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using, WhaEngage may produce and distribute incidental depictions, including screenshots or other content from your Application or Device, and may use your company or product name and logos. You hereby grant WhaEngage all necessary rights for these purposes.
8. Grievance Redressal
Any grievances relating to the Account may be directed by User to the grievance officer of WhaEngage who can be contacted at Info@whaengage.com