Terms of Use

1. Definitions

• Account: A registered Wharm account for your organization.
• Authorized User: Your employees/contractors granted access to Wharm.
• Customer Data: Data you or your end users submit to the Service (e.g., WhatsApp messages, contact records, configuration).
• Platform Terms: These Terms, the DPA, and the Privacy Notice (Provider).
• PDPA: Malaysia Personal Data Protection Act 2010 (as amended).

2. Eligibility & Authority

You represent that:

• you are at least the age of majority in your jurisdiction, and
• you have authority to bind the organization you represent.

3. The Service

Wharm is a WhatsApp-based customer communication platform that may include features such as:

• conversation inbox and routing,
• AI-assisted replies (if enabled),
• knowledge base / response library,
• reporting and activity logs.

Features may change over time. We may introduce, modify, or discontinue features, but we will not materially reduce core functionality for paid plans without reasonable notice where practicable.

4. Account Responsibilities

You are responsible for:

• maintaining the confidentiality of login credentials,
• managing Authorized Users and their access,
• ensuring your use complies with applicable laws and third-party policies (including WhatsApp/Meta policies),
• configuring the Service appropriately (e.g., auto-replies, business hours, escalation rules).

You must promptly notify us of any suspected unauthorized access.

5. Acceptable Use

You must not:

• use the Service for unlawful, harmful, or deceptive activities,
• send spam or unauthorized marketing messages,
• attempt to probe, scan, or breach security,
• interfere with the Service or other customers' use,
• upload malware or harmful code,
• reverse engineer the Service except where permitted by law.

We may suspend or restrict access if we reasonably believe your use violates these Terms or creates risk to the Service, other users, or third parties.

6. WhatsApp / Meta Dependency

The Service depends on WhatsApp/Meta systems and approvals (e.g., WABA setup, display name, template approvals). Availability and messaging delivery may be impacted by WhatsApp/Meta systems, policy changes, rate limits, or outages. We are not responsible for third-party platform downtime or policy enforcement.

7. Plans, Fees, and Payment

If you purchase a paid plan:

• fees, billing cadence, and scope are as shown at checkout, your order form, or invoice,
• fees are non-refundable except where required by law or explicitly stated,
• late payment may result in suspension.

Pass-through charges: WhatsApp/Meta messaging fees or other third-party fees may apply and are billed as pass-through unless expressly included in your plan.

8. Free Trials & Beta

Trials/beta features may be offered "as-is" and may have limits. We may change or discontinue beta features at any time.

9. Intellectual Property

• We own all rights in the Service, software, branding, and documentation.
• You own your Customer Data.
• You grant us a limited license to process Customer Data solely to provide, maintain, and secure the Service, as described in these Terms and the DPA.

10. Confidentiality

Each party may receive the other party's confidential information. Each party will:

• use it only to perform obligations under the Platform Terms,
• protect it using reasonable care,
• not disclose it except to employees/contractors who need it and are bound by confidentiality, or as required by law.

11. Data Protection

Our data processing obligations for Customer Data are described in the Data Processing Addendum (DPA).

You are responsible for providing notices and obtaining consents from your end users where required.

12. Security

We implement reasonable technical and organizational measures designed to protect the Service and Customer Data. No system is 100% secure; you agree to use appropriate safeguards on your side (strong passwords, access controls, and careful handling of exports).

13. Service Availability & Support

We aim to provide reliable service, but do not guarantee uninterrupted availability. Support channels and hours are described on the Service or your plan.

14. Term and Termination

These Terms start when you first accept them and continue until terminated.

• By you: you may stop using the Service at any time; paid fees remain due for the current billing period unless otherwise stated.
• By us: we may suspend/terminate for material breach, security risk, legal compliance, or non-payment.

Upon termination, access may be disabled. Data handling on termination is described in the DPA (deletion/export).

15. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, and non-infringement.

AI features: If AI-assisted features are enabled, outputs may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them.

16. Limitation of Liability

To the maximum extent permitted by law:

• we will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, goodwill, or data (except as required by law),
• our total aggregate liability arising out of or related to the Service is limited to the fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim (unless your order form states a different cap).

17. Indemnity

You will indemnify and hold us harmless from claims arising out of:

• your Customer Data,
• your misuse of the Service,
• your violation of applicable laws or third-party policies (including WhatsApp/Meta policies).

18. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., in-product notice or email). Continued use after the effective date constitutes acceptance.

19. Governing Law & Disputes

These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia.

20. Contact

Questions about these Terms: