Subscription Contract for Wetarseel

These Subscription Terms and Conditions (“Terms”) govern access to and use of the software and services (collectively, the “Service”) provided by WeTarseel.

In these Terms, “WeTarseel”, “we”, “us”, and “our” refer to the service provider. “Subscriber”, “you”, and “your” refer to the entity using the Service.

The Subscriber acknowledges and agrees to be bound by:

• WeTarseel Terms and Conditions
• WhatsApp Business Terms
• Meta Terms of Service
• Meta Community Standards
• Meta Commerce Policies
• Meta Platform Terms

as amended from time to time. The above policies are available on the official WhatsApp and Meta websites and may be updated from time to time.

Terms and Conditions

1. Acceptance of Terms

By accessing, subscribing to, or using the Service, the Subscriber agrees to be bound by these Terms and all applicable third-party platform policies.

The Subscriber acknowledges that use of the Service includes services provided by Meta platforms including WhatsApp, Facebook, and Instagram, and agrees to comply with their applicable terms and policies.

If the Subscriber does not agree, the Service must not be used.

2. Subscription and Access

2.1 WeTarseel grants a non-exclusive, non-transferable license to use the Service.

2.2 The Service is for internal business use only and may not be resold or shared without prior consent.

2.3 The Service includes integrations with:

• WhatsApp Business API
• Facebook Messenger API
• Instagram Messaging API
• Tiktok Messaging API

2.4 The Subscriber is responsible for maintaining account security and all activity under the account.

3. Fees and Payment

3.1 Subscription fees are payable in advance and are non-refundable unless stated otherwise.

3.2 Monthly fees must be paid at the beginning of each billing cycle.

3.3 Failure to pay may result in suspension or termination.

3.4 Restoration may require full payment of outstanding dues.

3.5 All fees are exclusive of applicable taxes.

3.6 The Subscriber is responsible for all taxes.

4. Refund Policy

4.1 General Policy
All payments made to WeTarseel are non-refundable unless expressly approved in writing.

4.2 Refund Requests
Refund requests must be submitted via email [email protected] and include account details, payment reference, reason, and supporting documents.

4.3 Approval and Processing
Approved refunds may be provided as:

• Monetary refund
• Service credits
• Subscription extension

Processing time is a minimum of 15 working days.

4.4 Non-Refundable Charges
The following are strictly non-refundable:

• Setup or onboarding fees
• Development or customization
• Integration fees
• Third-party costs
• Meta onboarding costs

4.5 Early Termination
No refunds will be issued for unused subscription periods.

4.6 Time Limitation
Refund requests must be submitted within 7 days of payment.

4.7 Deductions
Refunds may be subject to deductions including transaction fees, banking charges, and taxes.

4.8 Chargebacks
Chargebacks without prior contact constitute a breach of these Terms.

4.9 No Refund Cases
No refunds will be provided in cases of:

• Policy violations
• Misuse
• Non-payment
• Suspension

4.10 Third-Party Limitations
No refunds will be issued due to disruptions caused by Meta or other third-party platforms.

5. Term and Renewal

The subscription begins upon payment and continues for the selected term.

Subscriptions automatically renew unless cancelled with at least 30 days’ notice.

Early termination does not entitle the Subscriber to any refund.

The Subscriber acknowledges that access to the Service depends on maintaining an active and compliant account with Meta platforms (including WhatsApp, Facebook, and Instagram).

Any disruption, restriction, limitation, or unavailability of the Service resulting from Meta actions, including account suspension, restriction, verification failure, compliance issues, or enforcement actions, shall not be considered a failure of the Service, shall not constitute downtime, and shall not entitle the Subscriber to any refund, service credits, SLA remedies, or compensation.

6. Termination

6.1 Either party may terminate with 30 days’ written notice.

6.2 WeTarseel may terminate immediately for breach.

6.3 Upon termination, access ceases and fees remain non-refundable.

7. Data Privacy and Security

The Subscriber retains ownership of all data.

WeTarseel processes data only for service delivery and applies reasonable security measures.

Backups are performed regularly, and data may be made available for export upon request within 15 days following termination.

WeTarseel will only access or use Subscriber data as necessary to provide the Service and implements industry standard security measures including encryption, access controls, and regular audits.

8. Meta Platform Compliance

The Service depends on Meta platforms including WhatsApp, Facebook, and Instagram.

The Subscriber agrees to comply with all applicable Meta policies.

Any suspension, restriction, or enforcement action taken by Meta due to the Subscriber’s conduct shall be the sole responsibility of the Subscriber and shall not be considered a failure of the Service.

9. Confidentiality

• Both WeTarseel and the Subscriber agree to maintain the confidentiality of each other’s proprietary information accessed in connection with the Service. This obligation of confidentiality continues even after termination of the subscription.
• All confidential information that is communicated to and obtained by the Company from the Customer in connection with performing the above-mentioned services shall be held by the Company in full trust.

10. Limitation of Liability

10.1 WeTarseel is not liable for any indirect, incidental, special, or consequential damages (including loss of data or profits) arising from the use or inability to use the Service.

10.2 WeTarseel’s total liability for any claim related to these Terms or the Service will not exceed the amount paid by the Subscriber in the month preceding the claim.

10.3 WeTarseel is not responsible for any disruptions, limitations, or changes to Meta platform services (Facebook Messenger, Instagram, WhatsApp) that may affect the functionality of our integrations.

11. Indemnification

The Subscriber agrees to indemnify and hold harmless WeTarseel, its affiliates, employees, and directors from any claims, damages, or expenses arising from:

• Use or misuse of the Service
• Violation of these Terms
• Violation of laws
• Breach of third-party rights
• Content or messages sent using the Service
• Violation of Meta policies
• This includes reasonable legal fees and costs. This obligation shall survive termination or expiration of the Agreement.

12. Compliance and Acceptable Use

• The Subscriber agrees to use the Service in compliance with all applicable laws and regulations.
• The Subscriber will not use the Service to transmit prohibited content, spam, or any material that violates applicable laws or third-party rights.
• When using Meta Messenger integrations, the Subscriber must comply with Meta’s Platform Policies, Community Standards, and Messenger Platform Policy.
• The Subscriber is responsible for obtaining proper consent from end users before engaging in messaging through Facebook Messenger or Instagram Direct Messages.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of United Arab Emirates.

14. Dispute Resolution

Disputes shall first be resolved through mutual discussion.

If unresolved within 30 days, disputes will be referred to arbitration in Dubai in English.

15. Prohibited Organizations & Use

We prohibit organizations and/or individuals engaged in terrorist or organized criminal activity from using the WhatsApp Business Services, Facebook Messenger API, or Instagram Messaging API. The following uses are prohibited:

• Facilitating or organizing criminal activity, including harm to people, businesses, or animals.
• Exchanging illegal products or services, such as firearms, alcohol, drugs, hazardous materials, or regulated goods.
• Operating or promoting services including real-money gambling, payday loans, multi-level marketing, and adult products.
• Discrimination or content promoting personal characteristics bias.
• Sending unsolicited messages or spam through any Meta platform integration.
• Violating Meta’s Community Standards or Platform Policies in any messaging interaction.

16. Proprietary Rights

• Ownership: The Company reserves all rights, titles, and interests in any services, software, applications, or technology developed in connection with the Services.
• Intellectual Property: All modifications, upgrades, and intellectual property rights in connection with the Service remain with WeTarseel.
• Logo Usage: By subscribing, you grant us a license to use your company logo for marketing and promotional purposes.
• Meta Integration: Use of Meta platform integrations (Facebook Messenger, Instagram, WhatsApp) is subject to Meta’s terms and does not grant any rights to Meta’s intellectual property.

17. Miscellaneous

• Entire Agreement: This Contract constitutes the entire agreement and supersedes all prior agreements or understandings.
• Amendments: WeTarseel reserves the right to modify these Terms at any time.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: Neither party may assign rights or obligations without prior consent.

18. Service Level Agreement (SLA)

18.1 Definitions
“Uptime” means the percentage of time the core WeTarseel platform is operational and accessible, excluding permitted downtime.

“Permitted Downtime” includes scheduled maintenance, emergency maintenance, third-party platform outages (including Meta platforms), and events beyond WeTarseel’s reasonable control.

“Incident” means a material disruption to the core functionality of the Service.

18.2 Uptime Targets

• Starter: 99.0%
• Scale: 99.5%
• Enterprise: 99.9%

18.3 Maintenance
Scheduled maintenance does not count as downtime.

18.4 Support

18.5 Service Credits
Applicable only to Enterprise plans and provided as credits.

18.6 SLA Exclusions
Excludes third-party failures, Meta issues, misuse, and force majeure.

19. Customization and Change Requests

Any customization or additional work outside the standard Service requires separate agreement on scope, timeline, and fees.

20. Out of Scope Services

The following are not included unless agreed:

• Custom API development
• Third-party integrations
• Data migration
• On-premise hosting
• Custom feature development