WhatsApp API Terms of Service
This Agreement represents a Service Level Agreement ("SLA" or "Agreement" or "Terms of Service") between RGW IT SERVICES SPRL and Customer for the provisioning of IT services required to support and sustain the product or service.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.
This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.
Terms of Service
In order to provide our Services (as defined below) through our apps, API, services, features, software, or website, we need to obtain your express agreement to our Terms of Service ("Terms"). You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website.
Our Services
If you live in a country in the European Economic Area (which includes the European Union), and any other included country or territory (collectively referred to as the "European Region"), You are bound by to WhatsApp Ireland Limited, RGW IT SERVICES SPRL, NIZU OÜ, and the services described below to you; if you live in any other country except those in the European Region, it is WhatsApp Inc, RGW IT SERIVICES SPRL, AND NIZU OÜ (collectively, "WhatsApp," "our," "we," or "us") that provides the services described below to you (collectively, "Services"):
Connecting You With Other People. We provide ways for you to communicate from our API with other WhatsApp users including through messages, voice files, and video files, sending images, audio and video, We may provide a convenient platform that enables you to collect metrics and statistical data from your WhatsApp conversations. WhatsApp, RGW IT SERVICES, NIZU and NIZU OÜ works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.
Ways To Improve Our Services. We analyze how you make use of WhatsApp API Service, in order to improve all aspects of our Services described here, including helping businesses who use WhatsApp measure the effectiveness and distribution of their services and messages via open-source platforms like Rocket Chat. WhatsApp and RGW IT SERVICES use the information it has and also works with partners, service providers, and affiliated companies to do this.
Communicating With Businesses. We provide ways for you and third parties, like businesses, to communicate with each other using WhatsApp, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make.
Safety And Security. We work to protect the safety and security of WhatsApp API Data by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activities that may harm our community and the safety and security of our Services. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement. We share information with other affiliated companies when we learn of misuse or harmful conduct by someone using our Services.
Enabling Global Access To Our Services. To operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
Affiliated Companies. WhatsApp is part of the Facebook Companies. As part of the Facebook Companies, WhatsApp receives information from and shares information with, the Facebook Companies as described in WhatsApp's Privacy Policy. We use the information we receive from them to help operate, provide, and improve Facebook Services. Learn more about Facebook Companies and their terms and policies here.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other services.
About Our Services
Registration. You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book. You provide us, all in accordance with applicable laws, the phone numbers of WhatsApp users, and your other contacts in your mobile address book on a regular basis, including for both the users of our Services and your other contacts.
Age. If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have the authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via WhatsApp from time to time, as necessary to provide our Services to you.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Privacy Policy And User Data
WhatsApp cares about your privacy as well as we do. WhatsApp's Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. The Privacy Policy sets out the legal bases for our processing of personal information about you, including the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information to the United States and other countries globally where we have or use facilities, service providers, affiliated companies, or partners, regardless of where you use our Services.
User's messages still stored in our servers for a brief moment of time in order to measure, and analyze the usage of our services and provide a fee to you. In no moment our staff is permitted to read or examine the messages between your server or us. In case you want us to do so it would be via your own servers where Rocket.Chat or other end applications get to make usage of our API Services. Our Servers used for this service are located in 2 countries, The Netherlands and Belgium, and we are attached to the laws of those countries in terms of European citizens' privacy.
RGW IT SERVICES SPRL, NIZU OU or any of the parties involved in this process can not assure the privacy or data leak of messages, users' identity, and location that the United States Government, its allies countries, or business partners may collect via Facebook or other means.
Acceptable Use Of Our Services
Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WhatsApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm To WhatsApp Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
Keeping Your Account Secure. We are responsible for keeping a virtual device and your WhatsApp account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Third-Party Services
Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services, and Facebook Company Products. For example, you may choose to use third-party data backup services (such as Nizu.IO Files, AWS S3, iCloud, or Google Drive) that are integrated with our Services, or interact with a share button on a third-party's website that enables you to send information to your WhatsApp contacts. Please note that these Terms and the Privacy Policy apply only to the use of our Services. When you use third-party services or Facebook Company Products, their own terms and privacy policies will govern your use of those services.
Licenses
Your Rights. WhatsApp does not claim ownership of the information that you submit for your WhatsApp account or through our Services. You must have the necessary rights to such information that you submit for your WhatsApp account or through our Services and the right to grant the rights and licenses in our Terms.
WhatsApp's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.
Your License To WhatsApp. In order to operate and provide our Services, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).
WhatsApp's License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
Disclaimers
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT WHATSAPP API WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "WHATSAPP PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO WHATSAPP ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation Of Liability
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
YOUR RIGHTS WITH RESPECT TO WHATSAPP ARE NOT MODIFIED BY THE FOREGOING LIMITATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
Indemnification
If anyone brings a claim ("Third Party Claim") against us related to your actions, information, or content on WhatsApp, you will, to the extent permitted by law, indemnify and hold the WhatsApp Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to WhatsApp are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Dispute Resolution
If You Live In The European Region. If you are a consumer and habitually reside in a territory within the European Region, the laws of your territory will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in your territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Ireland that has jurisdiction over the Claim and that the laws of Ireland will govern these Terms and any Claim, without regard to conflict of law provisions.
If You Live Outside The European Region, United States, Or Canada. If you are a consumer located outside the European Region, United States, and Canada, the laws of the country in which you reside will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that the laws of the State of California will govern these Terms and any Claim, without regard to conflict of law provisions.
If You Live In The United States Or Canada. If you are a WhatsApp user located in the United States or Canada, the "Special Arbitration Provision for the United States or Canada Users" section below also applies to you. Please read that section carefully and completely. If you are not subject to the "Special Arbitration Provision for the United States or Canada Users" section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms or our Services (each, a "Dispute," and together, "Disputes") exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. The laws of the State of California govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between WhatsApp and you, without regard to conflict of law provisions.
See Below: Special Arbitration Provision For the United States Or Canada Users
Availability And Termination Of Our Services
Availability Of Our Services. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a WhatsApp user, you can terminate your relationship with WhatsApp anytime for any reason by deleting your account. For instructions on how to do so, please visit: Deleting your account.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with WhatsApp: "Licenses," "Disclaimers," "Limitation of Liability," "Indemnification," "Dispute Resolution," "Availability and Termination of our Services," "Other," and "Special Arbitration Provision For the United States Or Canada Users." If you believe your account's termination or suspension was in error, please contact us at support@whatsapp.com.
Other
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding WhatsApp and our Services and supersede any prior agreements.
We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
You will comply with all applicable United States and non-United States export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on the United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country if you are currently listed on any United States or the non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with WhatsApp at any time by deleting your account.
We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using WhatsApp, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using WhatsApp, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about WhatsApp and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.
Special Arbitration Provision For the United States Or Canada Users
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO BRING A CLAIM, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this "Special Arbitration Provision for the United States or Canada Users" section, including any question whether a Dispute between WhatsApp and you is subject to arbitration.
Agreement To Arbitrate For WhatsApp Users Located In The United States Or Canada. For WhatsApp users who live in the United States or Canada, WhatsApp and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. WhatsApp and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. WhatsApp and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the "AAA Rules"). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Opt-Out Procedure. You may opt-out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
WhatsApp Inc.Arbitration Opt-Out1601 Willow RoadMenlo Park, California 94025 United States of America
You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and (iii) a clear statement that you want to opt-out of our Terms' agreement to arbitrate.
Small Claims Court. As an alternative to arbitration, if permitted by your local "small claims" court's rules, you may bring your Dispute in your local "small claims" court, as long as the matter advances on an individual (non-class) basis.
Time Limit To Bring Claim. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must bring claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a claim (including commencing an arbitration) within one year after the Dispute first arose, then the claim will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, Or Representative Actions For Users Located In The United States Or Canada. We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption "Special Arbitration Provision for the United States or Canada Users" will be null and void as to that Dispute.
Place To File Permitted Court Actions. If you opt-out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the applicable provision in the "Dispute Resolution" section set forth above.
WhatsApp Business Data Processing Terms ("Data Processing Terms")
Last Modified: May 15, 2018
Definitions. For the purposes of these Data Processing Terms, the following terms have the meanings set out below: “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679). “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, and “Processing” have the same meanings as in the GDPR, and “Processed” and “Process” shall be construed in accordance with the definition of “Processing”.Other capitalized terms used but not defined herein have the meanings set forth in the WhatsApp Business Terms of Service (“Business Terms”) or are otherwise defined contextually within these Data Processing Terms.
Applicability. Where your processing of Personal Data is subject to the GDPR, you acknowledge that your use of our Business Services may involve sending Personal Data to WhatsApp. To the extent that we process such data as your Processor, these Data Processing Terms apply and are incorporated by reference into the Business Terms, and will govern to the extent of any conflict with the Business Terms.
Our Obligations as Processor. To the extent that WhatsApp processes such Personal Data as to your Processor, WhatsApp will: a. implement appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing or accidental loss, alteration, disclosure, destruction, or damage, including contractually binding employees, agents, and contractors to appropriate confidentiality requirements;b. notify you without undue delay of the discovery by WhatsApp of any Personal Data Breach;c. assist you by appropriate and possible technical and organizational measures, taking into account the nature of the processing and the information available to WhatsApp, to enable you to fulfill any obligations to respond to requests for the exercise of Data Subject rights under GDPR; d. assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to WhatsApp;e. upon your request, make available to you all information that is reasonably necessary to demonstrate WhatsApp’s compliance with its legal obligations as a data Processor under Article 28 of the GDPR;f. subcontract its data processing obligations under these Data Processing Terms to a sub-processor only by way of a written agreement with the sub-processors, which subjects those sub-processors to the equivalent obligations imposed upon WhatsApp by these Data Processing Terms; where the sub-processor fails to fulfill such obligations, WhatsApp will remain fully liable to you for the performance of that subprocessor's obligations. WhatsApp will notify you in advance of any changes related to its sub-processor(s). If you reasonably object to such changes, you may inform WhatsApp in writing and stop using our Business Services; and g. upon the termination of the Business Terms, cease processing and delete the Personal Data as soon as reasonably practicable; provided that WhatsApp may keep the Personal Data if WhatsApp is required to do so by applicable law, or to the extent that WhatsApp has a contractual right or obligation to use the Personal Data independent of the Business Terms.
Transfer of Personal Data. WhatsApp Inc. has made commitments under the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield that may apply to Personal Data transferred by you or WhatsApp Ireland Limited to WhatsApp Inc. under the Business Terms. Where your customers are in the European Union or Switzerland, and when applicable as the means to transfer Personal Data of such customers to WhatsApp Inc., you acknowledge that the WhatsApp Privacy Shield Addendum, European Commission’s adequacy decisions about certain countries, or European Commission approved standard contract clauses apply to such Personal Data in addition to the Business Terms. References within our Privacy Shield Addendum and our Privacy Shield Notice to “Business Products” mean Business Services, when applied to these Data Processing Terms.