These Terms of Service (“Terms”) form a binding agreement between you (the “Customer”, “you”) and Texnity (“Texnity”, “we”, “us”) and govern your access to and use of texnity.com, our APIs, dashboards, and related services (collectively, the “Service”). By creating an account or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms.
1. The service
Texnity is a WhatsApp Business Solution Provider (BSP) / Tech Provider. The Service lets your business connect to Meta’s WhatsApp Cloud API to send and receive messages with your own customers, including marketing campaigns, customer support, order notifications, authentication codes, and other business communications permitted by WhatsApp’s policies.
Use of the Service depends on Meta’s WhatsApp Business Platform. By using the Service, you also agree to comply with Meta’s terms and policies, including the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, the WhatsApp Business Solution Terms, and the broader Meta Platform Terms.
If Meta changes those policies, you must continue to comply with the current version. Suspensions, rate limits, quality ratings, template approvals, and pricing tiers are set by Meta and may change without notice. Texnity passes those changes through; we do not control them.
2. Eligibility and account
To use the Service you must:
- be at least 18 years old and able to enter into a binding contract;
- represent a legitimate business with a verified Meta Business Manager and a registered WhatsApp Business Account;
- provide accurate information at signup and keep it up to date;
- secure your login credentials and API tokens, and notify us promptly at support@texnity.com if you suspect unauthorised access.
You are responsible for all activity that occurs under your account, including actions by users you invite.
3. Acceptable use
You agree not to use the Service to:
- send messages to recipients who have not given the opt-in required by the WhatsApp Business Messaging Policy
- send spam, bulk unsolicited messages, scams, phishing, malware, or fraudulent offers
- impersonate any person or entity, or misrepresent your affiliation with one
- send content that is unlawful, hateful, harassing, defamatory, sexually explicit, violent, or that infringes intellectual property or privacy rights
- promote categories prohibited by the WhatsApp Commerce Policy
- circumvent rate limits, template review, quality systems, or any other Meta or Texnity safeguard
- reverse-engineer, scrape, resell, or rebrand the Service without our written permission
- interfere with the Service’s security or performance, or with other customers’ use of it
We may review messages, templates, and account activity to enforce these rules. Violations can result in template rejection, message blocking, account suspension or termination, and reporting to Meta, sometimes with no prior notice if the violation is serious.
4. Customer data and consent
You are the controller of the end-user data that flows through your account. You represent and warrant that:
- you have collected your end-users’ phone numbers and consent in line with applicable law and the WhatsApp Business Messaging Policy
- you can demonstrate proof of opt-in on request
- you provide a clear opt-out mechanism and honour opt-out requests promptly
- your messages, templates, and use cases comply with all laws applicable to you and your recipients.
Texnity processes this data on your instructions to provide the Service, as described in our Privacy Policy.
5. Pricing, billing, and WhatsApp conversation costs
Plan fees, add-ons, and the Service’s own usage charges are billed according to the plan you select. Texnity also resells WhatsApp conversation-based pricing charged by Meta. These conversation fees vary by country, category, and Meta’s then-current rate card, and are subject to change by Meta at any time. You agree to pay them as they accrue.
Unless agreed otherwise in writing:
- subscription fees are billed in advance and are non-refundable
- usage and conversation fees are billed in arrears based on logs from the WhatsApp Cloud API
- invoices are due on issue; overdue balances may incur a reasonable late fee and may lead to suspension
- all fees are exclusive of taxes, duties, and bank charges, which you are responsible for.
6. Suspension and termination
By you: you may cancel your subscription at any time from your account or by emailing support@texnity.com. Cancellation takes effect at the end of the current billing period; pre-paid fees are not refunded except where required by law.
By us: we may suspend or terminate your account, with or without notice, if you (a) breach these Terms or the WhatsApp policies, (b) fail to pay amounts due, (c) use the Service in a way that risks harm to your end-users, Meta’s platform, our platform, or other customers, or (d) if Meta requires us to do so. We may also discontinue the Service or any feature with reasonable notice.
On termination, your access ends, scheduled campaigns stop, and we will delete or anonymise customer data as described in the Privacy Policy.
7. Service availability and changes
We work to keep the Service available and reliable, but it is provided on an “as is” basis. The Service depends on Meta’s WhatsApp Cloud API and third-party infrastructure that we do not control. Outages, throttling, account-quality drops, template rejections, and disconnections initiated by Meta can occur and are outside our reasonable control.
8. Intellectual property
Texnity (and its licensors) own all rights in the Service. We grant you a limited, non-exclusive, nontransferable, revocable licence to use the Service for your internal business purposes during your subscription. You retain ownership of your content, your customer data, and your trademarks; you grant us the rights needed to operate the Service on your behalf.
9. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, or uninterrupted operation. Deliverability ultimately depends on Meta and the recipient’s device and network.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Each party’s total aggregate liability will not exceed the fees you paid to Texnity in the 12 months immediately preceding the event giving rise to the claim. Nothing limits liability that cannot be limited by law.
11. Indemnity
You agree to defend, indemnify, and hold harmless Texnity, its affiliates, and their personnel from any third-party claims arising out of or related to: (a) your use of the Service, (b) your content or messages, (c) your violation of these Terms or any applicable law, or (d) your violation of any WhatsApp / Meta policy.
12. Confidentiality
Each party may receive non-public information from the other and will use it only to perform under these Terms, protecting it with at least reasonable care. Confidentiality does not cover information that is or becomes public through no fault of the receiving party, was already known, or is independently developed.
13. Beta features
We may offer beta or preview features. They are provided “as is”, may change or be withdrawn at any time, may be unstable, and are excluded from any service-level commitments.
14. Third-party services
The Service relies on third parties, including Meta’s WhatsApp Cloud API, hosting providers, and payment processors. Your use of those services through Texnity is also subject to their terms. We are not responsible for the acts, omissions, or outages of third-party services.
15. Force majeure
Neither party is liable for failures or delays caused by events outside its reasonable control, including natural disasters, war, civil unrest, internet outages, government action, labour disputes, or actions or restrictions imposed by Meta or other upstream providers.
16. Changes to these Terms
We may update these Terms from time to time. For material changes, we will notify you at least 14 days in advance. Continued use after the change takes effect constitutes acceptance. If you do notagree, you may cancel your account before the change takes effect.
17. General
These Terms together with the Privacy Policy form the entire agreement and supersede any prior agreements. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.
18. Contact
Support: hello@texnity.com