Terms of Service

These Terms of Service ("Terms") govern your access to and use of the WhatsApp notification service (the "Service") provided by The Automators ("we", "us", "our"). By using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

The Service delivers notifications and related messages to recipients through the WhatsApp Business Platform operated by Meta Platforms, Inc. The Service may also receive and process messages that recipients send back to our WhatsApp business number.

2. Eligibility

You must be at least 13 years old, or the minimum age of digital consent in your country, to use the Service. By using the Service you represent that you meet this requirement and have the authority to accept these Terms on behalf of any organisation you represent.

3. Account and access

Some features of the Service are provided to business customers under a separate agreement. If you are an end recipient, you interact with the Service simply by opting in to receive messages from our WhatsApp business number. You are responsible for keeping your phone number and contact details accurate.

4. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or third party right
• Send unsolicited marketing or spam
• Impersonate another person or misrepresent your identity
• Transmit malware, phishing links, or otherwise harmful content
• Interfere with, probe, or attempt to compromise the Service or its infrastructure
• Circumvent rate limits, messaging tiers, or other restrictions
• Violate WhatsApp's Business Messaging Policy, Commerce Policy, or Business Terms

We may suspend or terminate access to the Service if we believe you have breached this section.

5. Opt in and opt out

Recipients must opt in before we send them business initiated messages. You can opt out at any time by replying STOP to any WhatsApp message from us. You can opt back in by replying START. We will honour opt out requests promptly.

6. Fees

If you are a business customer, fees for the Service are described in your order form or commercial agreement. End recipients are not charged by us for messages, although standard carrier data charges from your mobile provider may apply.

7. Third party services

The Service relies on the WhatsApp Business Platform. Your use of WhatsApp is also subject to Meta's terms available at https://www.whatsapp.com/legal. We are not responsible for outages, limitations, or changes to WhatsApp that affect the Service.

8. Intellectual property

We and our licensors own all rights in the Service, including the underlying software, content, trademarks, and logos. You are granted a limited, non exclusive, non transferable right to use the Service for its intended purpose. No other rights are granted.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service you acknowledge the practices described there.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non infringement, and uninterrupted or error free operation. We do not guarantee that any particular message will be delivered, read, or acted upon.

11. Limitation of liability

To the maximum extent permitted by law, we and our affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service. Our total liability for any claim arising out of or relating to the Service will not exceed the greater of the fees you paid us in the 12 months before the claim arose, or one hundred US dollars.

12. Indemnification

If you use the Service as a business customer, you agree to defend, indemnify, and hold harmless The Automators and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your content, or your breach of these Terms.

13. Termination

We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms, if required by law, or if continued provision of the Service becomes impractical. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including sections on intellectual property, disclaimers, limitation of liability, and indemnification.

14. Changes to the Service or these Terms

We may update the Service and these Terms from time to time. When we update the Terms we will revise the "Last updated" date above and, for material changes, provide reasonable notice through the Service or by other means. Your continued use of the Service after an update means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the courts of South Africa, and you consent to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

16. Miscellaneous

These Terms, together with any order form or commercial agreement, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.