This Customer Service Agreement (“CSA”) is entered into between msgsapp.biz (“Service Provider”) and the “Customer”.The Parties to the CSA are hereinafter referred to individually as a “Party” and jointly as the “Parties”.
1. Services
1.1. Scope
msgsapp.biz enables customers to use WhatsApp Services to engage with subscribers on the WhatsApp Prepaid platform for enterprise business communications. During the Term, msgsapp.biz will perform the Services in accordance with the terms of this CSA, and the Product Schedule(s) (“PS”) on the plan page of the website.
1.2. Local Services Agreement
The Parties agree and acknowledge that different national circumstances, practices, and laws may require different terms and conditions for the delivery of Services. As such, the terms and conditions of this CSA shall apply for all countries except that country-specific terms may replace or modify the referenced terms based on the principal place of business of the Customer affiliate contracting for such Services.
2. Definitions
Affiliate
Any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
Confidential Information
All non-public information disclosed by one Party to the other in connection with this CSA that is designated as confidential or would reasonably be considered confidential.
Content
The text, images, media, and other materials transmitted through the Services.
Customer
The business entity or individual subscribing to msgsapp.biz Services.
Customer Data
All data, including messages and personal information, submitted by the Customer to the Services.
Data
Any information processed by msgsapp.biz through the Services.
End User Data
Information relating to an end user of Customer collected or processed through the Services.
Laws and Regulations
All applicable laws, rules, regulations, and governmental requirements.
Message
A communication transmitted through the Services, including text, multimedia, and attachments.
msgsapp.biz Network
The platform, systems, servers, and software used by msgsapp.biz to provide Services.
Operator
Any telecommunications provider or messaging provider connected to msgsapp.biz.
Operator Network
The systems and infrastructure owned by Operators used to deliver messages.
PII (Personally Identifiable Information)
Information that identifies or can identify an individual.
Privacy Laws
All applicable data protection, privacy, and electronic communications laws.
Product
Any msgsapp.biz service, application, or feature provided to Customer.
Product Schedule (PS)
The description of a particular Service package, plan, or feature published on msgsapp.biz.
Program
The messaging service program operated by msgsapp.biz on behalf of the Customer.
Services
The communications and related services provided by msgsapp.biz under this CSA.
Vendors
Third parties engaged by msgsapp.biz to provide connectivity, hosting, or related services.
3. Payment Terms
3.1. Fees
msgsapp.biz Fees are those amounts charged for the Services provided according to this CSA as per the prepaid packages mentioned on the website. To avail the services, the Customer needs to purchase a package and for continuous service the package must be renewed on or before expiry.
4. Term, Suspension, and Termination
4.1. Term
The CSA will take effect on the Effective Date and will remain in force until all PS under the selected package have expired, unless terminated earlier in accordance with the provisions of the CSA.
4.2. Suspension
msgsapp.biz may suspend all or some of its Services if:
- Operator notifies msgsapp.biz to suspend Services;
- Customer fails to renew packages within due date;
- A third party alleges that the Services infringe on its intellectual property rights
- msgsapp.biz reasonably believes Customer has violated the Service Use Policy ("SUP").
Important: If the Customer fails to renew packages within 30 days from the due date, msgsapp.biz reserves the right to permanently delete the account. This may result in deletion of all data, including any wallet balance associated with the account.
4.2.1. Notice of Suspension
msgsapp.biz will use commercially reasonable efforts to provide Customers with a notice of Suspension and an opportunity to cure.
4.3. Termination
4.3.1. Termination - Customer
Customer may terminate if msgsapp.biz fails to cure a material breach within thirty (30) days after notice, disputes a proposed SUP modification, or upon 30 (thirty) days' written notice.
4.3.2. Termination - msgsapp.biz
msgsapp.biz may terminate if Customer fails to cure a material breach within thirty (30) days after notice, if Operator or third-party connectivity ends, if Services are alleged to infringe third-party IP, or upon 30 (thirty) days' written notice.
4.3.3. Effect of Termination
Upon termination, Services will cease, and license rights will terminate. All outstanding Fees are immediately due. Certain clauses (Sections 5-11) shall survive termination.
5. Cancellation / Refund Policy
- You may cancel by emailing support@msgsapp.biz before the renewal date.
- Unless cancelled before renewal, subscriptions auto-renew for the next billing period.
- No partial refunds for unused subscription periods.
- Multiple subscriptions must be cancelled individually.
- Cancellation confirmation will be sent within 24–48 working hours.
- Upon cancellation, access to subscription features will be removed, and data may be retained per our data retention policy.
- msgsapp.biz reserves the right to update this policy with notice via email or website.
6. Data Privacy & Security
msgsapp.biz will utilize Customer Data solely for providing Services and will maintain reasonable precautions (access controls, firewalls, encryption, etc.) to protect such Data from misuse or unauthorized access.
While msgsapp.biz keeps Customer Data securely, it does not guarantee data security by the underlying API providers (e.g., WhatsApp or other third-party platforms).
7. Representations & Warranties
7.1. Mutual Warranties
Each Party warrants authority, ownership of rights, and compliance with applicable laws.
7.2. msgsapp.biz Warranties
msgsapp.biz warrants that Services shall be performed in a workmanlike manner in line with industry standards.
7.3. Warranties Disclaimer
Except as expressly stated, msgsapp.biz disclaims all other warranties, including uninterrupted or error-free service guarantees.
8. Liability
8.1. Liability
msgsapp.biz is a facilitator of message traffic and is not responsible for message content. Customer is solely liable for compliance and damages arising from its messages.
8.2. Limitation on Damages
Liability cap: the greater of fees generated in the past 6 months or USD $500,000.
8.3. Limitation on Liability
msgsapp.biz is not liable for indirect, incidental, or consequential damages.
9. Indemnification
9.1. msgsapp.biz
msgsapp.biz will indemnify Customer against certain third-party IP infringement claims (with limitations).
9.2. Customer
Customer will indemnify msgsapp.biz against claims arising from its use, misuse, or violation of laws, terms, or third-party rights.
9.3. Sole Remedy
Sole remedy for infringement claims: msgsapp.biz may suspend, procure rights, replace, or terminate affected Services.
10. Intellectual Property
10.1. Retention of Intellectual Property Rights
Each Party retains ownership of its IP.
10.2. msgsapp.biz Systems
msgsapp.biz systems, network, and technologies remain the exclusive property of msgsapp.biz.
10.3. Licence
Customer is granted a limited, revocable, non-transferable license to use msgsapp.biz Systems during the Term.
11. Confidentiality
Both Parties agree to keep Confidential Information secure, subject to standard exceptions (public info, prior knowledge, legal requirement, etc.).
12. Legal Disclaimer
Use of WhatsApp Communication Automation Service Using WhatsApp Web-Based Technology
No Affiliation with WhatsApp or Meta
This service is not affiliated with, endorsed by, or supported by Meta Platforms Inc., WhatsApp, or any of its subsidiaries.
Unofficial Automation Disclaimer
The platform operates using web-based automation techniques and does not involve the official WhatsApp Business API and may violate WhatsApp's Terms of Service. Users are solely responsible for understanding and accepting all associated risks.
Account Suspension and Ban Risk
WhatsApp may suspend or permanently ban any number found to be engaging in unauthorized automation or violating its policies. By using this service, you acknowledge and accept that:
- You are fully responsible for any consequences arising from such enforcement actions.
- The service provider shall not be held liable for account bans, service disruptions, or data loss caused by actions taken by WhatsApp or Meta.
Limitations and Known Risks
By opting to use an unofficial WhatsApp automation service, you expressly agree and understand the following:
Account Blocking
WhatsApp can detect unauthorized or automated behaviour and may permanently block the associated phone number without notice.
System Stability
The automation depends on WhatsApp Web, which may break or change at any time due to frontend updates by WhatsApp. Such changes may interrupt service without prior warning.
Lack of Official Support
Meta does not offer any support for issues resulting from unofficial integrations or automation.
Security & Privacy Concerns
Since messages are processed through third-party infrastructure, there may be inherent security and privacy risks. Users should avoid sending sensitive or regulated data through this platform.
Feature Limitations
This solution does not support official features like:
- Verified business profiles
- Message template submissions
- Official analytics or delivery reports
- Cloud API-level scalability and reliability
Limitation of Liability
Under no circumstances shall the service provider, its affiliates, or partners be liable for:
- Indirect, incidental, special, or consequential damages, including but not limited to loss of data, revenue, or service access.
- Any claims or penalties arising from Meta/WhatsApp enforcement, third-party disruptions, or infrastructure changes.
- Failure of the system due to updates in WhatsApp's web client, third-party services, or browser-based dependencies.
- Use at Your Own Risk
This service is provided strictly "as is" and "as available". By using this service, you acknowledge that:
- You do so entirely at your own risk.
- You are aware of and accept the operational and legal limitations of using an unofficial WhatsApp integration.
- You will not hold the service provider liable for any issues arising due to your use of the platform.
- Recommendation for Business-Critical Use
For mission-critical, large-scale, or customer-facing communications, we strongly recommend using Meta-approved solutions, such as the WhatsApp Cloud API or certified Business Service Providers (BSPs), which offer official support, security compliance, and long-term scalability.
