Terms and Conditions of Service

1. Acceptance and Contractual Binding

By accessing, registering, or using any service of Wappi Holding LLC (hereinafter "Wappi", "we", or the "Platform"), you (the "User" or "Client") agree to be bound by these Terms and Conditions of Service (the "Terms"), our Privacy Policy, Acceptable Use Policy, Cookie Policy, Data Processing Agreement, and any other policy referenced herein (collectively, the "Agreement"). If you are acting on behalf of a legal entity, you represent and warrant that you have sufficient legal authority to bind such entity. If you do not accept these Terms in their entirety, you must refrain from using our services.

2. Definitions

• "Platform": the set of software, APIs, websites, mobile applications, and services operated by Wappi accessible at wappi.chat and associated subdomains
• "Services": all functionalities provided by the Platform, including AI agents, messaging, order management, CRM, analytics, integrations, and automations
• "User" or "Client": any natural or legal person who registers for and uses the Platform
• "End Customer" or "End-User": any person who interacts with the User through the Services (e.g., buyers, patients, WhatsApp contacts)
• "Client Data": all information, content, messages, files, and configurations that the User enters, generates, or stores on the Platform
• "AI Agent": an automated artificial intelligence system that interacts with End Customers on behalf of the User
• "Subscription Period": the duration of the contracted plan (monthly or annual)

3. Service Description

Wappi is a SaaS (Software as a Service) conversational commerce platform providing AI-powered business automation tools. The Services include, without limitation:

• Conversational AI agents for sales, post-sale support, supervision, and phone calls
• Automated multichannel messaging: WhatsApp Business API, Telegram, and additional channels
• Comprehensive order management: creation, tracking, fulfillment, and e-commerce platform synchronization
• CRM with sales pipeline, contact segmentation, and automatic scoring
• Semantic product search via RAG (Retrieval-Augmented Generation) and vector embeddings
• AI voice agents: automated calls, real-time transcription, and appointment scheduling
• Configurable no-code automations and workflows
• Third-party integrations: Mastershop, Stripe, Google Calendar, Calendly, SendGrid, Mailgun, n8n, and others
• Real-time analytics dashboard and reports

4. Registration, Account, and Eligibility

To use the Services, the User must meet the following requirements:

• Be at least 18 years of age or the legal age of majority in their jurisdiction
• Provide truthful, complete, and current information during registration and keep it up to date
• Create only one account per natural or legal person, unless expressly authorized by Wappi
• Maintain strict confidentiality of access credentials (username and password)
• Immediately notify Wappi of any unauthorized use or suspected security compromise of their account
• Be solely responsible for all activity under their account, including actions by employees, contractors, or AI agents configured by the User

5. Plans, Payments, and Billing

Service prices are published in US dollars (USD) on our website and are subject to the following conditions:

• Free trial period: Wappi offers a 7-day trial with full access to Pro plan features. No credit card required to start the trial
• Payment processing: all payments are processed through Stripe Inc. Wappi does not store credit or debit card data on its servers
• Automatic renewal: subscriptions renew automatically at the end of each Subscription Period (monthly or annual) at the current price. The User will be notified at least 7 days in advance if the price has changed
• Taxes: prices do not include applicable taxes (VAT, GST, sales tax, or others). The User is responsible for paying applicable taxes in their jurisdiction
• Plan changes: the User may change their plan at any time. Upgrades are applied immediately with prorating. Downgrades take effect at the beginning of the next Subscription Period
• Refund policy: a proportional (pro rata) refund will be granted if the User cancels within the first 14 days of a paid Subscription Period and has not consumed more than 20% of the plan's resources. Beyond this period, no refunds will be issued for partial periods

6. Acceptable Use and Restrictions

Use of the Platform is subject to our Acceptable Use Policy, incorporated by reference into these Terms. Without prejudice to the foregoing, the User expressly agrees not to use the Services for illegal activities, spam, violation of Meta/WhatsApp policies, processing of minors' data, unauthorized access to other users' data, reverse engineering of the Platform, or any other activity that violates these Terms or applicable law.

7. Intellectual Property

8. Client Responsibility for Third-Party Data

9. Artificial Intelligence — Specific Terms

The Services incorporate third-party artificial intelligence technologies. By using AI features, the User acknowledges and accepts that:

• AI Agent responses are automated and may contain errors, inaccuracies, omissions, or inappropriate content ("hallucinations")
• AI provided by Wappi does not constitute professional advice of any kind, including without limitation legal, medical, financial, tax, or accounting advice
• The User is solely responsible for configuring, supervising, auditing, and controlling the behavior of AI Agents assigned to their account
• Wappi does not guarantee the accuracy, completeness, suitability, or reliability of AI-generated responses for any specific purpose
• Data processing by third-party AI models (OpenAI, Anthropic, Google, Groq, and others) is subject to such providers' policies
• AI providers used by Wappi maintain zero-data-retention policies for API access
• The User is responsible for ensuring AI outputs comply with applicable regulations in their jurisdiction, including the EU AI Act where applicable

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) WAPPI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF THE LEGAL THEORY INVOKED (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WAPPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (b) WAPPI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER TO WAPPI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.

11. Indemnification

The User agrees to defend, indemnify, and hold harmless Wappi, its directors, employees, agents, and affiliates from and against any claims, demands, actions, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (a) the User's use of the Services; (b) Client Data or content generated, stored, or transmitted by the User; (c) violation of these Terms or any incorporated policy; (d) violation of third-party rights; or (e) the User's failure to comply with applicable law.

12. Suspension and Termination

Wappi reserves the right to suspend or terminate the User's access to the Services in the following cases:

13. Service Availability and SLA

Wappi endeavors to maintain a target monthly availability of 99.9%, excluding scheduled maintenance, force majeure, and circumstances beyond our reasonable control. Scheduled maintenance will be notified at least 48 hours in advance through the Platform and/or email. This availability target does not constitute a binding guarantee except for Enterprise plan customers with a specific contractual SLA.

14. Force Majeure

Neither party shall be liable for failure to perform its obligations when such failure is due to causes beyond its reasonable control, including without limitation: natural disasters, pandemics, wars, acts of terrorism, telecommunications or internet service interruptions, cloud provider failures, cyberattacks, governmental actions, and any other force majeure event recognized by applicable law.

15. Modifications to These Terms

Wappi reserves the right to modify these Terms at any time. We will notify material changes at least 30 days in advance through a notice on the Platform and by email. Continued use of the Services after the modifications take effect constitutes acceptance of the modified Terms. If the User does not agree with the modifications, they must cancel their account before the effective date.

16. Governing Law, Jurisdiction, and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English or Spanish (at the User's election), and the seat shall be Wyoming, US, with the option for virtual proceedings. CLASS ACTION WAIVER: BOTH PARTIES AGREE THAT ANY CLAIM SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

17. General Provisions

• Entire agreement: These Terms, together with the policies incorporated by reference, constitute the entire agreement between the User and Wappi, replacing any prior agreement, representation, or understanding, whether oral or written
• Severability: If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect
• No waiver: Wappi's failure or delay in exercising any right shall not constitute a waiver thereof
• Assignment: The User may not assign or transfer their rights or obligations under these Terms without Wappi's prior written consent. Wappi may assign these Terms in their entirety in the event of merger, acquisition, or asset sale
• Notices: Notices from Wappi to the User will be sent by email to the registered address. Notices from the User to Wappi shall be directed to [email protected]
• Survival: Provisions that by their nature should survive termination (including limitation of liability, indemnification, intellectual property, governing law, and arbitration) shall remain in effect after termination of these Terms

18. Contact

For any inquiry about these Terms and Conditions, please contact us at: [email protected] — https://wappi.chat