1. Agreement and order of precedence
“Platform Owner” means Ignite Solutions Pte. Ltd., Singapore, the owner or authorized controller of the Whatsly software, technology, documentation, brand and associated intellectual property.
“Authorized Reseller” means a company authorized by the Platform Owner to market, sell, invoice, distribute or support Whatsly within an approved territory. Authorization does not make a reseller an affiliate, agent or owner of Whatsly.
“Contracting Entity” means the legal entity from which you purchase your Whatsly subscription, as identified on the applicable pricing or checkout page, Order Form, subscription confirmation or invoice. Your Contracting Entity may be the Platform Owner or an Authorized Reseller.
“Customer,” “you,” and “your” mean the person or organization accepting these Terms. “Order Form” includes an online checkout disclosure, subscription confirmation, signed order form, or other written document describing the plan, price, term, Contracting Entity or service scope.
Your Customer Agreement consists of any signed enterprise agreement or Order Form, any applicable local commercial addendum, these global Terms and Conditions, the Acceptable Use Policy, and other policies expressly incorporated by reference. The Privacy Policy is acknowledged as a notice about processing and does not waive, reduce or contractually remove privacy rights.
If documents conflict, the following order normally applies: (1) a signed enterprise agreement or Order Form; (2) the applicable local commercial addendum; (3) these global Terms; (4) the Acceptable Use Policy; and (5) other referenced policies. A document controls only for the subject it expressly addresses. An invoice records the transaction but does not silently override these Terms. A signed data-processing agreement controls for Customer Data processing where it conflicts.
By creating an account, starting a trial, purchasing a subscription, signing an Order Form, or using the Service, you accept the Customer Agreement. If you act for an organization, you represent that you have authority to bind it.
Your Contracting Entity
The Whatsly platform is owned and globally licensed by Ignite Solutions Pte. Ltd.. Whatsly subscriptions may be sold directly by the Platform Owner or through an Authorized Reseller appointed for a particular territory.
Your Contracting Entity is the entity identified before purchase and on the applicable Order Form, subscription confirmation or invoice. It is responsible for the commercial sale of your subscription, payment collection, applicable taxes and the local services expressly included in your order.
If you purchase Whatsly from an Authorized Reseller, that reseller enters into the local subscription transaction with you in its own name. Ignite Solutions Pte. Ltd. remains the owner and global licensor of the platform. The current territorial schedule is incorporated by reference from the Contracting Entities page.
The Contracting Entity may change for a future renewal if you receive reasonable advance notice, the change does not remove accrued rights, material billing or tax consequences are disclosed, and applicable law permits it. A change will not be applied retroactively to an invoice already issued. A signed enterprise agreement may state a different arrangement.
For Saudi Arabia subscriptions, Brightening Technology Company is the Authorized Reseller and local Contracting Entity, subject to the Saudi Arabia Commercial Addendum.
2. Service description
Whatsly is a WhatsApp-first customer engagement software service that may provide a shared inbox, team access, reusable messages, contact context, connected WhatsApp numbers or devices, integrations, APIs, webhooks, automations, and other features identified in the applicable plan. Feature availability may vary by plan, location, account, connected platform, and release status.
Features labelled Early Access, Beta, preview, or Coming Soon may be incomplete, change materially, operate with limits, or never become generally available. Coming Soon descriptions are product direction, not a commitment to deliver a feature by a particular date.
3. Independent relationship with Meta and WhatsApp
Whatsly is an independent software product. It is not owned, operated, endorsed, sponsored, certified, or guaranteed by Meta Platforms, Inc., WhatsApp LLC, or any of their affiliates. WhatsApp and Meta are independent third-party platforms.
Your use of WhatsApp remains subject to the terms, policies, commerce rules, messaging rules, technical restrictions, review processes, pricing, and enforcement decisions imposed by Meta and WhatsApp. Whatsly does not control those platforms and cannot require them to approve a number, account, business account, device, session, template, message, or use case.
Whatsly does not guarantee that use of the Service will prevent a WhatsApp account, phone number, business account, session, or connected device from being restricted, suspended, disconnected, banned, or permanently blocked by Meta or WhatsApp. Meta or WhatsApp may take such action without notice, and Whatsly may be unable to appeal, reverse, or explain the decision.
To the maximum extent permitted by law, Whatsly is not responsible for losses arising from number or device blocking, account suspension, session disconnection, template rejection, reduced sending limits, message delivery failures, platform outages, policy changes, Meta or WhatsApp enforcement, loss of access to chats or contacts, or business interruption caused by a third-party platform decision.
4. Eligibility, registration and authority
The Service is intended for lawful business and professional use. You must have legal capacity to contract and must not use the Service if applicable law prohibits you from doing so. Consumer rights that cannot lawfully be excluded remain unaffected.
Registration information must be accurate, current, and complete. You must keep account, billing, and contact information updated. We may rely on the person identified as the account owner or administrator for instructions about the workspace.
5. Customer administrators and team users
Customer controls who may access its workspace and which roles or permissions they receive. Administrators may add or remove users, manage connected numbers and integrations, access Customer Data, and make decisions that bind Customer within the Service.
Customer is responsible for all activity in its workspace, including activity by employees, contractors, agencies, consultants, administrators, team members, integrations, APIs, automations, AI-assisted functionality, and anyone to whom Customer provides access. Customer must promptly remove access that is no longer required.
6. Customer responsibilities
Customer is solely responsible for its business use of Whatsly and for the legality, accuracy, quality, and appropriateness of its instructions, data, recipients, and communications. Whatsly provides tools; it does not become the sender, advertiser, merchant, healthcare provider, employer, or professional adviser represented in Customer messages.
Customer remains responsible when a message, campaign, workflow, or other action is initiated or configured by an employee, contractor, agency, integration, API, automation, AI-assisted feature, or any other person or system given access by Customer.
- All use of the workspace and all actions taken through Customer credentials.
- Connected WhatsApp numbers, business accounts, sessions and devices.
- Imported contacts, leads, phone numbers, campaign recipients and suppression records.
- Message content, templates, media, links, campaigns, automations and timing.
- API keys, webhook secrets, integration credentials and connected systems.
- Compliance with applicable privacy, marketing, telecommunications, consumer-protection, intellectual-property and other laws.
- Compliance with Meta and WhatsApp terms, policies and technical requirements.
7. Subscription plans, billing, renewals and taxes
Plan features, limits, prices, currency, billing frequency, Contracting Entity and external charges are those disclosed before purchase or in the applicable Order Form. Usage above an allowance may require an upgrade, additional fees or reduced use. The Contracting Entity must be determined by the actual sales channel, selected market, checkout configuration or signed order—not solely by IP geolocation.
Unless an Order Form says otherwise, paid subscriptions renew for successive periods equal to the initial subscription period until cancelled. Customer authorizes the applicable Contracting Entity or its disclosed payment provider to collect recurring fees, usage charges and applicable taxes.
The Contracting Entity issues the applicable invoice and handles its commercial billing, refunds, credits and taxes. Fees exclude taxes, duties and similar government charges unless expressly stated otherwise. Customer must provide valid billing and tax information and pay undisputed invoices when due.
8. Trials, cancellation and refunds
A trial may be limited by time, features, users, connected numbers, or message volume. We may modify or end a trial where permitted by law. Customer is responsible for exporting needed information and disconnecting numbers or integrations before a trial expires.
Customer may cancel as described in the account, checkout, or Order Form. Cancellation normally takes effect at the end of the current paid period and does not erase amounts already due. Unless an Order Form, written refund policy, or mandatory law says otherwise, fees already paid are non-refundable and partial periods are not credited.
Nothing in this section limits a refund, cancellation, or cooling-off right that cannot lawfully be excluded.
9. Service availability, changes and maintenance
We aim to operate the Service reliably, but do not promise uninterrupted, error-free, or always-available service. Maintenance, security work, capacity limits, internet failures, hosting failures, software defects, and third-party platform events may interrupt access or message processing.
We may change, replace, limit, or discontinue a feature to improve the Service, address security or legal risk, comply with a third-party platform, or reflect product development. Where reasonably practicable, we will provide notice of a material reduction to a paid core feature.
10. Customer Data and instructions
“Customer Data” means data submitted to, stored in, sent through, or generated from Customer’s workspace, including leads, contacts, phone numbers, conversations, message content, media, campaign recipients, templates, CRM data, integration data, and related metadata.
As between the parties, Customer retains its rights in Customer Data. Customer grants us and our subprocessors a limited right to host, copy, transmit, process, display, and otherwise use Customer Data only as needed to provide, secure, support, and improve the Service, follow Customer’s documented instructions, and comply with law.
Customer must not provide Customer Data unless it has the rights and lawful basis required for us to process it. Customer is responsible for responding to its contacts and data subjects, managing required notices and consents, and giving us lawful and technically feasible instructions.
11. Leads, contacts, lawful collection and consent
Customer represents and warrants that every lead, contact, phone number, or other personal-data record uploaded, imported, synchronized, added, or messaged through Whatsly was obtained lawfully. Customer must have a valid legal basis to process the data, any consent required by law, permission to contact the recipient through WhatsApp or another selected channel, and must have provided required privacy notices.
Where marketing consent is required, Customer must obtain it before sending, retain appropriate evidence of when, how, and for what scope consent was given, and be able to produce that evidence on reasonable request.
Uploading a spreadsheet, synchronizing a CRM, manually adding a contact, receiving a list from another party, or finding a phone number publicly does not prove that the person agreed to receive marketing messages. A publicly available phone number does not automatically create permission to contact that person.
Whatsly does not independently verify how a contact was collected, whether consent exists or remains valid, whether the contact appears on another suppression list, or whether sending a specific message is lawful. Any technical validation performed by the Service does not constitute legal approval.
12. Purchased, scraped and transferred lists
Customer must not use Whatsly with purchased lead lists, scraped or harvested phone numbers, generated or guessed numbers, rented marketing databases, public-directory numbers used without a lawful basis, or contacts transferred from another business without proper notice, authority, and permission.
A list supplied by an agency, partner, affiliate, data broker, employee, or group company remains Customer’s responsibility. Customer must conduct appropriate diligence and must not assume that a supplier’s assurance establishes lawful consent.
13. Opt-outs, withdrawal and suppression
Customer must provide a reasonable and channel-appropriate opt-out method, monitor replies and withdrawal requests, promptly honor unsubscribe, stop, and do-not-contact requests, and maintain accurate suppression records.
The Customer must not send, or permit the Service to send, messages to a recipient who has opted out, withdrawn consent, or requested not to be contacted. Suppression must be applied across campaigns, automations, integrations, APIs, agencies, and team members, and Customer must prevent suppressed contacts from being re-imported and messaged.
Any suppression, opt-out, or preference tool provided by Whatsly assists Customer but does not transfer Customer’s legal responsibility to Whatsly. Customer must stop marketing when consent is withdrawn and comply with any channel-specific unsubscribe requirement.
14. Third-party services and integrations
The Service may connect with WhatsApp, Meta services, WooCommerce, Shopify, payment services, hosting services, analytics services, Customer systems, and other third parties. Those services are governed by their own terms, policies, pricing, availability, and security practices.
Customer authorizes us to exchange Customer Data with a connected service as necessary to perform Customer’s configuration. Customer is responsible for the connected account, permissions, credentials, configuration, and instructions. We are not responsible for a third party’s acts, omissions, outages, data loss, policy changes, or discontinuation.
15. AI-assisted features
AI-assisted features may suggest, summarize, classify, or prepare content. Outputs may be incomplete, inaccurate, unsuitable, biased, or inconsistent. Unless expressly identified otherwise, AI output is a recommendation for human review, not a decision or professional advice.
Customer must review outputs before use, ensure the final message is accurate and lawful, avoid entering data it is not authorized to process, and maintain appropriate human oversight. Customer remains responsible for every message or action sent or taken using AI-assisted functionality.
16. Acceptable use and enforcement
Customer must comply with the Acceptable Use Policy, which forms part of these Terms. We are not required to pre-screen every contact, message, campaign, file, or integration, and our failure to detect abuse does not approve it.
The Platform Owner or the applicable Contracting Entity may investigate suspected misuse, request evidence of consent, apply sending or usage limits, pause or stop campaigns, disconnect a channel, restrict functionality, preserve relevant records, cooperate with valid legal requests, and take steps reasonably necessary to protect recipients, Whatsly, infrastructure or third-party platforms.
17. Intellectual property and feedback
Whatsly and all associated software, technology, source code, interfaces, designs, documentation, branding, product assets and intellectual property are owned by or licensed to Ignite Solutions Pte. Ltd., excluding Customer Data and third-party marks. Purchase of a subscription from an Authorized Reseller does not transfer any ownership interest in Whatsly to the Authorized Reseller or Customer.
Authorized Resellers receive only limited contractual rights to market, sell, distribute, onboard or support Whatsly in their approved territories. Local billing, invoicing or support does not give a reseller ownership of the software, source code, platform, trademarks, designs or documentation.
During an active subscription, Customer receives only a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its internal business purposes, subject to the Customer Agreement. No ownership right is granted.
Customer must not copy, sell, sublicense, reverse engineer, bypass access controls, remove proprietary notices, or use the Service to build a competing product except to the limited extent such a restriction is prohibited by law.
If Customer provides feedback, it grants Ignite Solutions Pte. Ltd. a perpetual, worldwide, royalty-free right to use that feedback without identifying Customer or disclosing Customer Confidential Information.
18. Confidentiality and security responsibilities
Each party must protect the other party’s non-public information that a reasonable person would understand to be confidential and may use it only to perform or receive the Service. Confidentiality obligations do not apply to information lawfully public, already known without duty, independently developed, or lawfully received from another source.
Customer must use reasonable security measures, including strong authentication, protected devices, limited permissions, secure API keys and webhook secrets, and prompt credential rotation after suspected compromise. Customer must notify us promptly of suspected unauthorized workspace access or credential exposure.
We use reasonable technical and organizational measures appropriate to the Service, but no system is perfectly secure. Customer is responsible for its endpoint devices, networks, personnel, connected services, backups or exports it controls, and the security of data before it reaches or after it leaves Whatsly.
19. Suspension and termination
The Platform Owner or your applicable Contracting Entity may restrict, suspend or terminate access where it reasonably believes that your use violates these Terms, the Acceptable Use Policy, applicable law, recipient rights, or Meta or WhatsApp requirements, or creates legal, technical, security or reputational risk.
For subscriptions sold in Saudi Arabia, Brightening Technology Company may also suspend access for non-payment, chargeback, suspected fraud, breach of the local order, Customer misuse, failure to provide requested consent evidence, or violation of the global policies. Product-level technical enforcement may be performed by Ignite Solutions Pte. Ltd. even where an Authorized Reseller sold the subscription.
The applicable Contracting Entity or Customer may terminate for a material breach that remains uncured after reasonable written notice, unless the breach cannot be cured or immediate action is reasonably necessary. The Platform Owner may discontinue a free account or the Service with reasonable notice where practicable.
On termination, Customer’s right to use the Service ends and connected channels may stop. Customer must pay accrued amounts. We may delete or de-identify Customer Data after the applicable retention or export period, subject to law, backups, dispute preservation, and any data-processing agreement. Sections intended by their nature to survive will survive.
20. Warranties and disclaimers
Customer and the applicable Contracting Entity each warrant that they have authority to enter into the Customer Agreement. Customer also warrants that its use, data, messages, recipients and instructions comply with law and third-party platform rules.
Except for express commitments in an Order Form and to the maximum extent permitted by applicable law, the Service is provided “as is” and “as available.” The Platform Owner, the applicable Contracting Entity, Authorized Resellers and their relevant licensors and service providers disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, message delivery, platform access and results. None warrants that WhatsApp, Meta or another third party will accept or continue Customer’s use.
21. Limitation of liability
To the maximum extent permitted by applicable law, Customer, the Platform Owner, the applicable Contracting Entity and any Authorized Reseller are not liable to one another for indirect, incidental, special, exemplary, punitive or consequential loss, or for lost profits, revenue, goodwill, anticipated savings, business opportunity or data, even if advised that such loss may occur.
To the maximum extent permitted by applicable law, the combined aggregate liability of the Platform Owner, the applicable Contracting Entity, Authorized Resellers and their relevant affiliates, directors, officers, employees, contractors, licensors and service providers arising from the Service and Customer Agreement will not exceed the fees Customer paid or owed for the Service during the twelve months immediately before the event giving rise to the claim. For a free Service, that combined aggregate liability will not exceed SAR 500. This is one combined cap and does not create multiple recoveries against different protected parties.
The exclusions and cap do not apply where liability cannot lawfully be limited, or to Customer’s payment obligations, violation of our intellectual-property rights, breach of the Acceptable Use Policy, or indemnification obligations. These limitations allocate risk and are reflected in the pricing.
22. Customer indemnity
To the maximum extent permitted by applicable law, Customer will defend, indemnify and hold harmless the Platform Owner, the applicable Contracting Entity, Authorized Resellers, their relevant affiliates, and their directors, officers, employees, contractors, licensors and service providers from third-party claims, regulatory investigations, penalties, damages, and reasonable legal and professional costs arising from Customer Data, Customer messages, Customer’s use of the Service, or breach of the Customer Agreement.
This includes claims arising from missing recipient consent, failure to honor opt-outs or maintain suppression records, unlawful or misleading content, privacy- or marketing-law violations, Meta or WhatsApp restrictions or blocking, security incidents caused by Customer systems or personnel, misuse by employees, contractors, agencies, integrations, APIs or automations, and purchased, scraped, generated or otherwise unlawfully obtained contacts.
The affected indemnified party will provide reasonable notice and cooperation at Customer’s cost. Customer may control the defense, but may not settle in a way that admits wrongdoing by, imposes an obligation on, or fails to release an indemnified party without that party’s written consent.
23. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet or telecommunications failure, cloud or hosting outage, labor dispute, natural disaster, epidemic, war, civil unrest, government action, cyberattack not caused by a failure to use reasonable care, or a material outage or enforcement action by Meta, WhatsApp, or another critical provider. Payment obligations for Services already provided are not excused.
24. Changes to the Service and these Terms
We may update these Terms to reflect legal, security, platform, or product changes. We will update the version and date and, where reasonably required, provide notice through the Service, website, or account contact.
Material changes normally apply prospectively. Continued use after an update becomes effective constitutes acceptance where permitted by law. If Customer does not agree to a material change, its remedy is to stop using the Service and cancel before the change takes effect, subject to the applicable Order Form and mandatory rights.
25. Governing law and dispute resolution
The governing law stated in the applicable Order Form or written service agreement governs these Terms. If no governing law is stated, the parties must agree it in writing before a paid subscription is formed.
The dispute venue stated in the applicable Order Form or written service agreement applies. Mandatory rights and procedures under applicable law remain unaffected.
Before filing a formal claim, each party should give written notice describing the dispute and allow at least thirty days for good-faith resolution, unless urgent injunctive relief or a shorter statutory period is required.
26. General provisions
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. A waiver must be in writing.
Customer may not assign these Terms without our written consent, except in connection with a merger or sale of substantially all assets where the assignee is not a competitor and assumes the obligations. We may assign these Terms as part of a reorganization, financing, merger, or sale of the Service or business.
The parties are independent contractors. These Terms do not create a partnership, agency, franchise, fiduciary, employment, or joint-venture relationship. Neither party may bind the other.
These Terms, the Acceptable Use Policy, applicable Order Forms, and any signed data-processing or service agreement are the entire agreement about the Service and replace prior discussions on that subject.
27. Contact and legal notices
Legal notices may be submitted through the Whatsly contact page unless an applicable Order Form specifies another notice method.
Operational or product questions may be submitted through the Contact page. Notices to Customer may be delivered to the account email, through the Service, or by another method stated in the applicable Order Form.