Legal Agreement

Terms of Service

Please read these terms carefully before using Whispabot's messaging platforms and services.

Effective Date: 1st March 2026

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Whispabot ("Company," "we," "us," or "our") governing your access to and use of our messaging platforms, services, software, and related offerings (collectively, the "Services").

By creating an account, accessing our platforms, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

Important Legal Notice

These Terms include provisions that limit our liability and require individual arbitration for dispute resolution. Please review these sections carefully.

You represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the legal capacity to enter into binding contracts; (c) if representing an organization, you have the authority to bind that organization to these Terms; and (d) your use of the Services complies with all applicable laws and regulations.

Description of Services

Platform Overview

Whispabot provides cloud-based messaging platforms that enable businesses to communicate with customers through WeCom/WeChat (China Platform) and WhatsApp (Global Platform). Our Services include:

  • Message sending and receiving capabilities across supported platforms
  • Contact management and audience segmentation tools
  • Campaign creation, automation and scheduling features
  • Analytics, reporting and performance tracking
  • API access and integration capabilities

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. This includes:

  • Adding, removing, or changing features and functionality
  • Implementing scheduled maintenance or emergency updates
  • Adjusting usage limits, quotas, or rate restrictions
  • Discontinuing support for third-party integrations

We will make reasonable efforts to notify you of material changes that may adversely affect your use of the Services.

Third-Party Dependencies

Our Services integrate with third-party platforms including WeCom and WhatsApp. Your use of these integrations is subject to the respective platform's terms of service, policies, and guidelines. We are not responsible for changes, limitations, or disruptions to third-party services that may affect your use of our Services.

Account Terms and Responsibilities

Account Creation

  • Provide accurate, complete and current information
  • Maintain and promptly update account information
  • Use a valid email address you regularly access
  • One account per user or organization

Account Security

  • Maintain confidentiality of login credentials
  • Use strong, unique passwords
  • Enable two-factor authentication when available
  • Immediately notify us of unauthorized access

Account Restrictions

You may not:

  • • Share your account credentials with third parties
  • • Create accounts using automated means or false information
  • • Transfer, sell, or assign your account to others
  • • Create multiple accounts to circumvent usage limits
  • • Impersonate another person or entity

You are solely responsible for all activities that occur under your account, regardless of whether such activities were authorized by you. We are not liable for any loss or damage arising from unauthorized account access due to your failure to maintain account security.

Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in the following activities:

Prohibited Content

You may not send, transmit, or facilitate the distribution of:

  • • Illegal, fraudulent, or deceptive content
  • • Spam, unsolicited commercial messages, or bulk messaging without consent
  • • Malware, viruses, or harmful code
  • • Content that infringes intellectual property rights
  • • Hate speech, harassment, or discriminatory content
  • • Adult content, pornography, or sexually explicit material
  • • Content promoting violence, terrorism, or illegal activities
  • • False or misleading information intended to deceive

Technical Restrictions

You may not:

  • • Attempt to gain unauthorized access to our systems or networks
  • • Reverse engineer, decompile, or disassemble our software
  • • Circumvent usage limits, rate restrictions, or security measures
  • • Use automated systems (bots, scrapers) without authorization
  • • Interfere with or disrupt the Services or servers
  • • Probe, scan, or test system vulnerabilities
  • • Remove or obscure proprietary notices or labels

Compliance Requirements

You must:

  • • Comply with all applicable laws, regulations, and industry standards
  • • Obtain proper consent before sending marketing messages
  • • Honor opt-out requests and unsubscribe preferences
  • • Follow GDPR and other relevant regulations
  • • Comply with WeCom/WeChat and WhatsApp platform policies
  • • Maintain records demonstrating compliance when required

Enforcement

We reserve the right to investigate suspected violations of these Terms. If we determine that you have violated this Acceptable Use Policy, we may suspend or terminate your account, remove offending content and take legal action as appropriate. We may also report violations to law enforcement authorities.

Payment Terms and Billing

Subscription Fees

Access to certain Services requires payment of subscription fees as specified in your selected plan. By subscribing:

  • You authorize us to charge your payment method for the applicable fees
  • Fees are charged in advance on a recurring basis (monthly or annually)
  • All fees are non-refundable except as required by law
  • Subscriptions automatically renew unless cancelled before renewal

Usage-Based Charges

Some Services may incur additional charges based on usage:

  • Message volume exceeding plan limits
  • Premium features or add-ons
  • Additional user seats or accounts
  • API calls beyond included quotas

Usage-based charges are calculated monthly and billed in arrears. You can monitor your usage through your account dashboard.

Price Changes

We reserve the right to modify our pricing at any time. Price increases for existing subscriptions will be communicated at least 30 days in advance and will take effect at your next renewal. Continued use of the Services after price changes constitutes acceptance of the new pricing.

Payment Failures

If payment fails:

  • • We will attempt to process payment multiple times
  • • You will receive email notifications of failed payments
  • • Your account may be suspended after 7 days of non-payment
  • • Your account and data may be deleted after 30 days of non-payment
  • • You remain liable for all unpaid fees plus collection costs

Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all such taxes except those based on our net income. If we are required to collect or pay taxes, they will be invoiced to you.

Intellectual Property Rights

Our Rights

We retain all rights, title, and interest in:

  • The Services, software, and technology
  • Whispabot trademarks and branding
  • Documentation and materials
  • Aggregated, anonymized usage data

Your Rights

You retain ownership of:

  • Your content, messages and data
  • Your trademarks and branding
  • Contact lists and customer data
  • Campaign materials you create

License Grant

To You: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription period.

To Us: You grant us a worldwide, non-exclusive license to use, store, process, and transmit your content solely to provide the Services and as described in our Privacy Policy. This includes the right to use anonymized, aggregated data for service improvement and analytics.

Disclaimers and Limitation of Liability

IMPORTANT LEGAL NOTICE

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to: warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

Our total liability for all claims arising from or relating to these Terms or the Services shall not exceed $1.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Whispabot, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of third parties; or (d) your content or data.

Termination

Termination by You

You may terminate your account at any time:

  • Through your account settings
  • By contacting support
  • Cancellation takes effect at end of billing period
  • No refunds for partial periods

Termination by Us

We may suspend or terminate your account:

  • For violation of these Terms
  • For non-payment of fees
  • For fraudulent or illegal activity
  • With or without notice, at our discretion

Effect of Termination

Upon termination of your account:

  • Your access to the Services will immediately cease
  • We may delete your account data after 30 days
  • You remain liable for all fees incurred prior to termination
  • Sections of these Terms that by their nature should survive will continue to apply

Data Export

We recommend exporting your data regularly. Upon termination, you have 30 days to export your data before it may be permanently deleted. We are not responsible for data loss after account termination.

General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in Malaysia.

Dispute Resolution

Any dispute arising from these Terms shall first be resolved through good faith negotiation. If negotiation fails within 30 days, disputes shall be resolved through binding arbitration in accordance with the rules of Asian International Arbitration Centre (AIAC) in Malaysia, except where prohibited by law.

Changes to Terms

We may modify these Terms at any time. Material changes will be notified via prominent notice on our platform at least 30 days before taking effect. Your continued use after changes become effective constitutes acceptance of the modified Terms.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and Whispabot regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Questions About These Terms?

If you have questions or concerns about these Terms of Service, please contact our team. We're here to help clarify any provisions and ensure you understand your rights and obligations.

support@whispabot.com
22-1 Jalan Metro Perdana Barat 2, Taman Usahawan Kepong, Kuala Lumpur, Malaysia

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