1. Acceptance of Terms

By using the services of APIWS.com ("the Service"), you ("the Customer") agree to comply with these Terms and Conditions in their entirety, as well as our Privacy and Acceptable Use Policies. These documents constitute a legally binding agreement between you and APIWS.com.

These terms apply to all users of the Service, including but not limited to visitors, developers, businesses, and anyone who accesses or uses the WhatsApp API provided by APIWS.com. By creating an account, you agree that you have read, understood, and agree to be legally bound by these terms.

2. Key Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

3. Use of the Service

3.1 Requirements

To use APIWS.com, you must meet the following requirements:

• Legal Capacity: Be of legal age in your jurisdiction (typically 18 years) or have legal authorization to contract services on behalf of an entity.
• WhatsApp Account: Provide a valid phone number with an active and in good standing WhatsApp Business or personal account.
• Truthful Information: Provide complete, accurate, and up-to-date information during registration and continued use of the Service.
• Business Use: APIWS.com is designed for legitimate business communication.
• Legal Compliance: Ensure that your use of the Service complies with all applicable local, national, and international laws and regulations.

3.2 Restrictions

You agree not to use the Service for:

• Spam: Mass sending of unsolicited or non-consensual messages, as defined by WhatsApp's anti-spam policies.
• Illegal Activities: Any illegal, fraudulent, defamatory, obscene purpose or that infringes on third-party rights.
• Reverse Engineering: Decompile, reverse engineer, or attempt to derive the source code of our API.
• Service Abuse: Intentionally overload our systems or use automated methods to extract data.
• Spoofing: Falsify headers or manipulate identifiers to hide the origin of any message.
• Harmful Content: Transmit viruses, worms, trojans, or other malicious or destructive content.
• Privacy Violation: Collect or store personal information about other users without their express consent.

3.3 Compliance with WhatsApp Policies

You acknowledge that:

• APIWS.com acts as an intermediary between you and WhatsApp. You must comply with all applicable WhatsApp Policies.
• WhatsApp may impose limits or restrictions independent of our control, including number blocks.
• APIWS.com cannot guarantee message delivery, as this ultimately depends on WhatsApp's systems.
• You are solely responsible for obtaining the necessary consents to communicate with your recipients.

4. Plans and Billing

4.1 Free Trial

APIWS.com offers a Free Trial plan with the following conditions:

• Duration: 14 calendar days from activation.
• Limits: 1,000 sent messages, 1 unique recipient, access to basic features.
• Credit Card: Not required to start the trial.
• Conversion: At the end of the trial period, if not canceled, it will automatically convert to the Basic plan.
• One per User: Limited to one free trial per person or business.

4.2 Paid Subscriptions

Our paid plans operate under the following conditions:

Billing:

• Purchase Mode: One-time plan purchase without automatic renewal.
• Validity: Each plan has its duration in days from the date of purchase.
• Payment Methods: We accept credit/debit cards (Visa, MasterCard), PayPal, and bank transfers.
• Non-Refundable: Purchases are final and non-refundable.
• Manual Renewal: You must purchase a new plan at the end of the period.
• Non-Cumulative Balance: Unused messages do not carry over to the next period.

4.3 Price and Plan Modifications

APIWS.com reserves the right to modify plan prices and features with 30 days' notice. We will notify you by email of any changes affecting your current subscription. Continued use after changes implies acceptance of the new terms.

5. Responsibilities

5.1 Customer Responsibilities

You acknowledge and agree that you are responsible for:

• Credential Security: Keeping your API Key and access credentials secret at all times. Any unauthorized use resulting from your negligence will be your responsibility.
• Content: All material sent through the Service, including but not limited to text, images, and files.
• Legal Compliance: Ensuring that your use of the Service complies with all applicable local, national, and international laws, including data protection and commercial communications regulations.
• Consent: Obtaining and maintaining records of express consent from recipients when required by law.
• Backups: Making backups of your data, as APIWS.com does not guarantee perpetual storage of your information.

5.2 APIWS.com Responsibilities

APIWS.com commits to:

• Availability: Maintaining 99.5% monthly uptime, excluding scheduled maintenance (which we will notify 48 hours in advance).
• Support: Providing technical assistance according to the contracted level (basic or priority) via email, chat, or our ticketing system.
• Security: Implementing reasonable measures to protect your data and the integrity of our Service.
• Updates: Continuously improving the Service and notifying you of significant changes.

6. Limitation of Liability

To the maximum extent permitted by applicable law, APIWS.com shall not be liable to you or any third party for:

• Indirect Losses: Lost profits, business interruption, loss of reputation, or other economic consequences.
• WhatsApp Blocks: Any restriction or block imposed by WhatsApp on your phone numbers.
• Force Majeure: Events beyond our reasonable control (natural disasters, conflicts, third-party infrastructure failures).
• Integrations: Issues arising from the use of our API with third-party systems or platforms.
• Content: Misinterpreted, erroneous, or undelivered messages due to incorrect information provided by you.

In no event shall the total cumulative liability of APIWS.com exceed the total amount paid by you in the last 3 months for the services related to a claim.

7. Intellectual Property

All rights, titles, and interests in and to:

• The APIWS.com platform
• All source code, algorithms, and functionalities
• Technical and user documentation
• Registered trademarks, logos, and brand elements
• Any modifications, adaptations, or improvements

are and shall remain the exclusive property of APIWS.com or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service according to these terms.

8. Termination

8.1 By Customer

You may cancel your subscription at any time from your control panel. Cancellation will be effective at the end of the current billing period. We do not offer refunds for unused periods.

8.2 By APIWS.com

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, if:

• You violate these Terms or our policies
• Your use poses a risk to the security or integrity of our Service
• Required by law or government request
• Due to prolonged inactivity (more than 6 months without use)

8.3 Effects of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You must pay all amounts owed
• We may retain your data for 30 days before permanent deletion
• Provisions that by their nature should survive (intellectual property, limitation of liability, etc.) shall remain in effect

9. Jurisdiction and Limitation of Liability

10. Contact and Notifications

10.1 Terms Updates

Modifications to these Terms will be notified:

• Via visible announcement in your account dashboard
• With 15 days' notice for substantial changes
• Continued use will constitute express acceptance