Terms of Service

01. Acceptance & Scope of Service

By accessing, registering for, or using the services provided by whatiha (“whatiha,” “we,” “our,” or “us”), including our hosted web platform, developer APIs, telephony dispatch gateways, and WhatsApp automation agents (collectively, the “Service”), you (“Customer” or “Subscriber”) agree to be legally bound by these Terms of Service.

If you are entering into this Agreement on behalf of a business, medical clinic, or other legal entity, you represent and warrant that you possess the full authority to bind that entity to these terms. If you do not have such authority or do not agree with any provision herein, you must immediately cease all access to the Service.

02. Meta & WhatsApp Platform Compliance

whatiha orchestrates automated interactions over the WhatsApp network utilizing authorized APIs and messaging protocols. Customer expressly acknowledges and agrees that:

• Customer must strictly comply with the WhatsApp Business Messaging Policy, Meta Commercial Terms, and all applicable telecommunications regulations in the jurisdictions where messages are transmitted.
• Customer shall never transmit unsolicited bulk messages (SPAM). All outbound or inbound conversations must originate from explicit customer opt-in, existing commercial relationships, or inbound customer inquiries.
• Customer is solely responsible for maintaining the health and verification status of their WhatsApp Business numbers. whatiha is not liable for carrier bans, Meta enforcement actions, or number revocations resulting from Customer’s violation of messaging policies.

03. AI Output & Human-in-the-Loop Disclaimers

whatiha employs probabilistic large language models (LLMs) and speech synthesis models to generate conversational responses, transcribe voice memos, schedule appointments, and extract structured document data.

Customer retains ultimate operational control and is equipped with live human agent takeover mechanisms (e.g., via Chatwoot / Webhooks) to override autonomous bot responses at any time.

04. Account Credentials, API Keys & Webhook Security

You are responsible for safeguarding your login credentials, API secrets, and webhook tokens. You agree to immediately notify whatiha of any unauthorized access or security breach involving your account. whatiha cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

05. Subscriptions, Billing, Retainers & Refunds

• Subscription Plans: Paid tiers (Starter, Growth, Enterprise) are billed on a recurring monthly or annual basis via Stripe.
• Usage Limits: Accounts exceeding their monthly conversation, telephony, or voice memo allowance may be automatically throttled or charged transparent overage fees as detailed on the Pricing schedule.
• Cancellations: You may cancel your subscription at any time directly from the billing portal. Cancellation takes effect at the conclusion of the active billing cycle.
• Refunds: Payments for monthly subscriptions and customized onboarding fees are non-refundable once service provision has commenced.

06. Customer Data Ownership & Intellectual Property

You own your data. Customer retains all right, title, and interest in and to all contact records, conversation transcripts, customer CRM syncs, and business documents uploaded to the Vector Knowledge Vault. whatiha does not use your private customer data to train public foundation models without your explicit written consent.

whatiha retains all rights, title, and intellectual property in our proprietary software, prompt orchestration engines, vector workflows, and synthetic voice pipelines.

07. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHATIHA, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE.

WHATIHA’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER TO WHATIHA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

08. Governing Law & Contact

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law principles.

Questions regarding these Terms of Service may be addressed to our legal department at legal@whatiha.ai.