Acceptance of Terms

By using Uniqualify's Services, including our WhatsApp Business Platform services, you acknowledge that you have read, understood, and agreed to these Terms of Service. These Terms also incorporate Meta's WhatsApp Business Terms of Service and Meta Platform Terms by reference.

Services Description

Uniqualify provides digital solutions, software services, and WhatsApp Business Platform services including: (a) WhatsApp Business API Account (WABA) management and administration; (b) WhatsApp message sending and broadcast services; (c) WhatsApp template creation, management, and submission; (d) Embedded sign-up integration and implementation; (e) Chatbot development and automation services; (f) Booking and appointment management through WhatsApp; (g) Order processing and receipt delivery via WhatsApp; (h) Customer relationship management via WhatsApp messaging; and (i) Integration of WhatsApp Business API with your systems and workflows.

Compliance with Meta's WhatsApp Policies

You agree to comply with all applicable Meta policies including: WhatsApp Business Policy, WhatsApp Commerce Policy, Meta Platform Terms, and WhatsApp Business Messaging Policy. You acknowledge that violations of these policies may result in immediate suspension or termination of your WhatsApp Business Account by Meta, and Uniqualify shall not be held liable for such actions.

User Consent and Opt-In Requirements

You must obtain explicit opt-in consent from end-users before sending them messages via WhatsApp. You agree to: (a) Provide clear opt-in mechanisms; (b) Honor opt-out requests immediately; (c) Maintain records of user consent; (d) Never purchase or use third-party contact lists without verified consent; (e) Comply with all applicable messaging and privacy laws including POPIA (Protection of Personal Information Act) in South Africa.

Message Content and Templates

All message templates must comply with WhatsApp's template guidelines and be approved by Meta before use. You agree not to send: (a) Spam or unsolicited messages; (b) Misleading, fraudulent, or deceptive content; (c) Adult content or content that promotes illegal activities; (d) Messages that violate intellectual property rights; (e) Messages that contain malware or harmful code.

Data Protection and Privacy

You acknowledge that user data transmitted through WhatsApp is subject to Meta's data policies and end-to-end encryption. You agree to: (a) Process user data lawfully and transparently; (b) Implement appropriate security measures; (c) Respect user privacy and data protection rights; (d) Not use data for unauthorized purposes; (e) Comply with GDPR, POPIA, and other applicable data protection regulations.

Data Processing

Uniqualify processes personal data on your behalf as a data processor when providing WhatsApp Business Platform services. Data processing activities include: (a) Transmitting messages through WhatsApp infrastructure; (b) Managing WhatsApp Business API accounts and credentials; (c) Processing message templates and content for submission to Meta; (d) Handling chatbot conversations, bookings, orders, and receipts; (e) Generating analytics and performance reports; (f) Storing conversation history and metadata; (g) Managing user consent and opt-out records; (h) Processing billing and payment information. All data processing is conducted in accordance with applicable data protection laws including POPIA and GDPR.

Lawful Processing Basis

Uniqualify processes personal data based on the following lawful bases: (a) Contractual Necessity - Processing necessary to provide the WhatsApp Business services you have requested and agreed to; (b) Consent - Where explicit consent has been obtained from data subjects for specific processing activities; (c) Legitimate Interests - Processing necessary for our legitimate business interests including service improvement, fraud prevention, and security; (d) Legal Obligations - Processing required to comply with applicable laws including POPIA, tax regulations, and Meta's WhatsApp Business requirements; (e) Vital Interests - Processing necessary to protect the safety and security of individuals. You acknowledge that you are responsible for ensuring you have a lawful basis for processing end-user data when using our services.

Data Retention

Uniqualify retains personal data in accordance with applicable data protection laws and business requirements: (a) Active Service Data - Retained for the duration of your service agreement; (b) Message Content and Metadata - Retained for up to 90 days for operational purposes, unless longer retention is required by law or your specific service agreement; (c) Billing and Payment Records - Retained for 7 years as required by South African tax law; (d) Account Information - Retained for 7 years after service termination for legal compliance; (e) Consent Records - Retained for the duration of consent plus 3 years for compliance verification. Upon termination of services, you may request deletion of your data subject to legal retention requirements. Data is securely deleted or anonymized when no longer necessary for stated purposes.

Business Service Provider Responsibilities

As a WhatsApp Business Solution Provider, Uniqualify serves as an intermediary between you and Meta. You acknowledge that: (a) Your WhatsApp Business Account is subject to Meta's approval and ongoing compliance review; (b) Meta may monitor message content and take enforcement actions; (c) You are responsible for your own compliance with WhatsApp policies; (d) Uniqualify provides technical services but does not control Meta's platform policies or decisions.

Prohibited Activities

You are strictly prohibited from: (a) Sending messages from unauthorized or unverified phone numbers; (b) Impersonating other businesses or individuals; (c) Engaging in phishing, scamming, or fraudulent activities; (d) Scraping or harvesting user data without consent; (e) Circumventing WhatsApp rate limits or restrictions; (f) Using automation to generate fake engagement; (g) Violating any local, national, or international laws; (h) Attempting to reverse engineer or compromise our systems.

Account Verification and Display Name

Your WhatsApp Business Account must display accurate business information. You agree to: (a) Provide truthful business verification documents; (b) Use your legitimate business name as display name; (c) Update information promptly when changes occur; (d) Not misrepresent your business identity or services.

Intellectual Property

Uniqualify owns all rights, title, and interest in its software, platforms, and proprietary technology. WhatsApp, Meta, and related trademarks are owned by Meta Platforms, Inc. You may not reproduce, distribute, or create derivative works of our materials or Meta's intellectual property without prior written consent.

Payment and Billing

Fees for service include: (a) Platform access and management fees charged by Uniqualify; (b) WhatsApp conversation charges billed by Meta and passed through to you; (c) Additional services such as template creation, bot development, and integration work. All payments must be made according to agreed terms. Failure to pay may result in service suspension. Meta's pricing structure for WhatsApp conversations is subject to change and will be reflected in your billing.

Service Level and Availability

While we strive to provide reliable services, you acknowledge that: (a) WhatsApp platform availability is controlled by Meta; (b) Service interruptions may occur due to Meta platform maintenance or outages; (c) Message delivery is subject to end-user device connectivity and WhatsApp policies; (d) Uniqualify provides reasonable support but cannot guarantee 100% uptime.

Limitation of Liability

Uniqualify shall not be liable for: (a) Actions taken by Meta including account suspension or termination; (b) Failed message delivery due to platform issues; (c) End-user disputes or complaints; (d) Changes to WhatsApp Business API features or pricing; (e) Data breaches caused by Meta's platform; (f) Indirect, consequential, or punitive damages. Our total liability shall not exceed the fees paid by you in the preceding 12 months.

Indemnification

You agree to indemnify and hold harmless Uniqualify from any claims, damages, or expenses arising from: (a) Your violation of these Terms or Meta's policies; (b) Your message content or communication with end-users; (c) Your violation of any laws or regulations; (d) Disputes with your customers or end-users.

Termination

Either party may terminate services with 30 days written notice. Uniqualify may terminate immediately if: (a) You violate these Terms or WhatsApp policies; (b) Your account is suspended or banned by Meta; (c) You fail to make required payments; (d) You engage in fraudulent or illegal activities. Upon termination, you remain liable for all outstanding fees and must cease using our services.

Confidentiality

Any confidential information shared between parties, including business strategies, API credentials, and customer data, will be handled in accordance with applicable laws and kept confidential. This obligation survives termination of services.

Changes to Services

We reserve the right to modify our services, features, and pricing based on changes to Meta's WhatsApp Business Platform. We will provide reasonable notice of material changes that affect your service.

Governing Law and Jurisdiction

These Terms of Service shall be governed by the laws of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts in Gauteng/Johannesburg. For international clients, disputes may be resolved through arbitration as agreed in writing.

Relationship with Meta

You acknowledge that: (a) Uniqualify is an independent Business Solution Provider for WhatsApp; (b) Meta is not a party to this agreement; (c) Meta makes no warranties regarding our services; (d) Your use of WhatsApp is subject to Meta's terms and policies; (e) You may need to accept additional Meta terms directly.

Changes to the Terms of Service

Uniqualify may update these Terms of Service to reflect changes in our services, Meta's policies, or applicable laws. We will notify you of significant changes via email or platform notifications. Continued use of our services after changes constitute acceptance of the revised terms.

Contact Information

For questions about these Terms of Service, please contact us at:
Email: [email protected]
Website: www.uniqualify.co.za<br>