Acceptance of the terms
By creating an account on Watsy or using the platform in any manner, you acknowledge that you have read these terms and agree to them. If you do not agree, do not use the service.
Watsy is a service directed at businesses. By using it you represent that you are acting on behalf of a commercial or professional undertaking, that you are of legal age and have the capacity to enter into contracts, and that you are authorised to bind the organization you register.
Definitions
- “We” / “the Company”: ربوع قرطاج للتجارة العامة محدودة المسؤولية شركة خاصة.
- “The Service” / “the Platform”: the Watsy platform, its APIs and its consoles.
- “You” / “the Customer”: the person or organization subscribing to the service.
- “End user”: your own customer with whom you correspond through the platform.
- “Customer data”: the content and data you upload or that arises from your conversations.
- “Messaging platforms”: WhatsApp, Telegram and the other channels the service supports.
The account and the team
- You undertake to provide accurate and complete information on registration, and to update it when it changes.
- You are responsible for the confidentiality of your credentials and for all activity carried out through your account, and you undertake to notify us immediately if you suspect a compromise.
- You may invite team members with roles (owner · manager · agent). You are responsible for their actions within the platform and for their compliance with these terms.
- The number of users is limited according to your published plan.
- We reserve the right to refuse a registration or suspend an account we consider to be in breach of these terms or of the messaging platforms' policies.
Acceptable use
You undertake not to use the service for any of the following:
- Sending unsolicited messages, or bulk messages to anyone who has not given express prior consent.
- Fraud, impersonation, phishing, or distributing malicious software.
- Any activity contrary to law or infringing the rights of others, including intellectual property and privacy rights.
- Promoting goods or services prohibited by Meta's commerce policies.
- Attempting to circumvent quotas or technical controls, reverse engineering, or extracting source code.
- Overloading or disrupting the infrastructure, or affecting other users' experience.
- Reselling the service or making it available to third parties without our written permission.
The platform applies technical controls that prevent some breaches automatically, but these controls are an aid, not a substitute for your own compliance. Responsibility for compliance remains yours.
Meta platform obligations
Watsy operates on the official WhatsApp Business Platform (Cloud API). Your use of this channel is subject — in addition to our terms — to Meta's terms and policies, which constitute a relationship between you and Meta directly. You specifically undertake the following:
- Full compliance with the WhatsApp Business Terms, the Business Messaging Policy and the Commerce Policy issued by Meta, and with any update to them.
- Obtaining express prior consent from every end user before messaging them for marketing purposes, retaining evidence of that consent, and producing it on request.
- Respecting the 24-hour customer service window: outside it, only templates approved by Meta may be sent.
- Honouring opt-out requests immediately: anyone who has asked not to be messaged must not be messaged again for marketing purposes.
- Using a phone number you have the right to use, and not impersonating another business.
- Acknowledging that Meta alone approves or rejects templates, determines your number's quality rating, and may restrict or disable it. We do not warrant the approval of any template, any particular quality rating, or the continued operation of the number, and we bear no liability for any action Meta takes.
- Acknowledging that Meta's fees on messages are charged to your account with them and paid to them directly, and fall outside your subscription with us.
- Acknowledging that a number connected to the official platform cannot be used in the regular WhatsApp app at the same time — this is a restriction imposed by Meta.
Meta Platforms, Inc. is a third-party beneficiary of this section. Any breach by you of its policies entitles us to suspend your service immediately in order to protect the integrity of the platform and the rest of our customers.
Your content and data
- Customer data is yours. We claim no ownership of your conversation content or of the knowledge you upload.
- You grant us a limited, non-exclusive, royalty-free licence to process your data to the extent necessary to operate the service and provide it to you — no further. This licence ends when the contractual relationship ends.
- You represent that you hold the right to upload what you upload, and that our processing of it on your instructions infringes no one's rights.
- We do not monitor the content of your conversations, but we are entitled to act upon a credible report of a legal breach or an infringement of rights.
- We take periodic backups, but this does not constitute a warranty against loss or corruption. Keep your own copies of anything irreplaceable.
The processing of personal data is described in our privacy policy, which forms an integral part of these terms.
Subscription and quotas
- The free trial: fourteen days with no credit card. Some features — such as the AI assistant — are not enabled during it. We may amend the trial's terms or discontinue it for new subscribers.
- Each plan sets monthly quotas for three categories: service conversations, utility messages and marketing messages, in addition to the number of users and the media retention period.
- When a category's quota is reached, sending in that category stops until the next cycle begins or until you upgrade your plan. You receive alerts at 80% and at 100%.
- Quotas are calculated per monthly cycle and do not roll over to the following month.
- Enterprise plan quotas and features are set by a separate written agreement.
Billing and renewal
- Prices are published on the pricing page in Iraqi dinars and are payable in advance for each monthly cycle.
- The payment methods available vary by your country, and include local bank transfer with receipt upload, Qi Card, and international gateways.
- With manual payment, the subscription is activated after the receipt has been reviewed and verified.
- The subscription renews automatically unless you cancel renewal before the current cycle ends. Cancellation stops renewal and does not cut short the paid cycle.
- Amounts paid are non-refundable for current cycles or unused periods, except where the law requires otherwise. We consider exceptional cases on a case-by-case basis.
- We may amend prices in future, provided we notify you a reasonable period before the amendment takes effect; it applies to the following cycle, not the current one.
- Prices do not include taxes or government charges, if any, which are borne by you.
Freezing on subscription expiry
When your subscription expires without renewal, your account enters a soft freeze: only sending stops. Your conversations and your customers' data remain as they are, readable and exportable, and nothing is deleted because the subscription expired. On renewal, sending resumes immediately.
Deletion of data remains tied to the published retention periods or to your express request — not to subscription status.
Third-party fees
Your Watsy subscription does not include the messaging platforms' fees. WhatsApp message fees are charged to your account with Meta and paid to it directly according to its published pricing, which Meta determines alone, which varies by message category and recipient country, and which may change without reference to us.
We add no margin to Meta's fees and do not collect them on its behalf. Any cost estimate we display on our website is indicative and covers the Watsy subscription alone.
The AI assistant
- The AI assistant is an optional feature available on paid plans, which you enable yourself.
- It operates on the knowledge you upload yourself. You are responsible for the accuracy of that knowledge and the lawfulness of its use.
- Its outputs are generated automatically and may be inaccurate. The assistant is designed to hand over to a human agent where no reliable answer exists, but we do not warrant the correctness of every reply. Responsibility for messages sent from your account remains yours, and we advise reviewing its settings before enabling it for customers.
- Use is subject to a monthly token cap that you set. When it is reached, the assistant stops until you raise it or a new cycle begins.
- All the same compliance controls apply to the assistant: the 24-hour window, the quotas, and the anti-spam limits.
Intellectual property
All intellectual property rights in the platform — the code, the design, the trade mark, the name and the documentation — are owned by us or licensed to us. We grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use the platform for its intended purpose throughout the term of your subscription, ending when it ends.
The platform may not be copied, modified, used to create derivative works, or stripped of its proprietary notices. And we do not use your name or logo in our marketing materials without your prior written permission.
WhatsApp and Meta are trade marks of Meta Platforms, Inc., and this agreement grants you no right in them.
Confidentiality
Each party undertakes to protect the confidential information it receives from the other, not to disclose it to anyone other than those who need it to perform this agreement, and to exercise the same care it applies to protecting its own information. This does not extend to information already public, information received from a legitimate third-party source, or information the law requires to be disclosed — with prior notice to the other party wherever legally possible.
Disclaimer of warranties
The service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement of the rights of others.
In particular, we do not warrant:
- That the service will operate uninterrupted or error-free.
- The delivery of any particular message — delivery depends on the messaging platforms and on networks outside our control.
- Meta's approval of any template, any particular quality rating for your number, or the continued operation of the number.
- The accuracy of the AI assistant's outputs.
- Any particular commercial results or sales from use of the service.
Limitation of liability
To the fullest extent permitted by the applicable law:
- We are not liable for any indirect, consequential, incidental or punitive damages, nor for loss of profit, loss of reputation, loss of data or business interruption, even if we were advised of their possibility.
- We are not liable for any action taken by Meta or any other messaging platform in respect of your account or your number, including restriction, disabling, or rejection of templates.
- We are not liable for damages arising from your breach of the messaging platforms' policies, or from content sent by you or your team.
- Our total aggregate liability for any claim — whatever its basis — shall not exceed the total amount you actually paid us during the twelve months preceding the event giving rise to the claim.
This section is not intended to exclude any liability that may not lawfully be excluded, such as fraud, gross negligence or personal injury.
Indemnity
You undertake to indemnify and defend us — us, our directors and our employees — against any claim, loss, fine or reasonable legal fees arising from: your use of the service in breach of these terms, content you sent or uploaded, your breach of the messaging platforms' policies, or your infringement of the rights of others or of the law.
Term, termination and suspension
- This agreement takes effect the moment your account is created and continues until terminated by either party.
- You may terminate your subscription at any time from your console or by writing to us. Termination takes effect at the end of the current paid cycle.
- We are entitled to suspend the service immediately and without prior notice upon: a material breach of these terms or of the messaging platforms' policies, activity threatening the security of the platform or its users, failure to pay, or an order from a competent authority.
- On suspension we endeavour to notify you of the reason and of the steps required to remedy it, wherever that is possible and lawful.
- After termination you are given a reasonable period to export your data. Thereafter it is deleted in accordance with the retention policy, retaining whatever the law requires to be retained.
- The intellectual property, confidentiality, disclaimer of warranties, limitation of liability and indemnity sections survive termination.
Force majeure and service interruption
Neither party is liable for a failure resulting from a circumstance beyond its reasonable control: natural disasters, war, civil unrest, power or internet outages, faults at infrastructure providers, or changes imposed by the messaging platforms.
We may also suspend the service temporarily for maintenance or upgrades. We endeavour to schedule these at low-usage times and to give advance notice of planned maintenance.
Changes to the terms
We may amend these terms as the service develops or as the law or the messaging platforms' policies change. For any material amendment we notify you by email or inside the console a reasonable period before it takes effect. Your continued use after it takes effect constitutes your acceptance; and if you do not accept, you may terminate your subscription.
Governing law and jurisdiction
This agreement is governed by the laws of Iraq, and the competent courts of Baghdad, Iraq shall have exclusive jurisdiction over it, without regard to conflict of laws rules.
Before resorting to litigation, the parties undertake to attempt an amicable settlement within thirty days of a written notice of the dispute sent to legal@watsy.pro. This does not affect either party's right to apply to the courts to protect an urgent right.
General provisions
- Entire agreement: these terms together with the privacy policy constitute the entire agreement between us and supersede any prior understanding.
- No waiver: our forbearance in asserting a right is not a waiver of it, nor of any subsequent right.
- Severability: the invalidity of a provision does not invalidate the remaining provisions, and it is replaced by the nearest valid provision to the parties' intent.
- Assignment: you may not assign this agreement without our written permission; we may assign it to a successor entity under the same safeguards.
- Language of the text: the Arabic text is authoritative. Any translation is provided for convenience only, and the Arabic text prevails in the event of discrepancy.
Contact
- Legal matters: legal@watsy.pro
- Technical support: support@watsy.pro
- Postal address: بغداد/ الامين الثانية/نواب الضباط/م ٧٤١/شارع ٣٨ المرقمة م ١٣/رقم الابواب١٣/٧/١
- Registration number: م. ش. أ. - 02 - 000004726
