Terms and Conditions

These Terms and Conditions govern access to and use of the ZAPIFY platform, a SaaS solution specialised in operating the WhatsApp Business Platform. By using our website, products or services, the user acknowledges that they have read, understood and agree to comply with the provisions described herein.

Zapify, Lda., a company headquartered at Rua de Pereiró, 134, 4100-407 Porto, Portugal, registered with the Commercial Registry Office under sole registration and corporate number 517696070, is the entity responsible for making the platform available and for managing these Terms.

1. Scope of Services

ZAPIFY provides customer service, campaign, API, automation and complementary integration tools built on top of the WhatsApp Business Platform. Active features depend on the subscribed plan and any additional modules contracted. Access requires credentials provided by ZAPIFY or by authorised partners.

2. Artificial Intelligence Assistant

Use of the Artificial Intelligence Assistant module requires an initial setup, similar to the other modules made available by ZAPIFY.

The initial setup may consist of integrating an assistant the customer already has, or ZAPIFY creating a base prompt in OpenAI, aligned with the business rules and instructions provided by the customer.

Unless expressly stated otherwise in the commercial proposal or the applicable contract, the initial setup does not include continuous optimisation, evolutionary training, response tuning or ongoing review of the assistant.

Evolution and optimisation of the assistant is included for customers with a Priority Account Manager (PAM) service, or can be secured by contracting additional consultancy services.

The customer is fully responsible for validating the responses generated by the assistant, for their suitability to the context of use, and for verifying that the content produced complies with the legal, operational and commercial requirements applicable to its activity.

3. Subscription and Renewal

ZAPIFY services are made available on a monthly or annual subscription basis. The subscription renews automatically for equal periods, unless notice to the contrary is given at least as far in advance as the length of the current subscription period (by the end of the month for monthly plans, or during the last month of the contracted period for annual plans).

Customers may request activation of additional services (for example, extra agents, Priority Account Manager, dedicated integrations). Whenever new services are activated, future renewals are aligned with the period already contracted.

4. Billing and Payments

Invoices are issued for immediate payment following the subscription or renewal of services. Failure to pay by the established dates results in:

• Temporary suspension of access after 30 days of delay;
• Account cancellation and loss of access after 60 days;
• Permanent deletion of associated data after 120 days.

Reactivating a cancelled account is subject to a fee of €300. VAT at the legal rate in force is added to all amounts.

5. Acceptable Use and Meta Policies

Because it runs on the WhatsApp Business Platform, using ZAPIFY requires full compliance with Meta's official policies, including restrictions on bulk sending, consent, sensitive content and privacy practices. Using the platform for spam, fraud or any activity that breaches applicable law is prohibited.

ZAPIFY reserves the right to suspend or terminate access whenever it identifies misuse that compromises the integrity of the service, the rights of third parties, or the company's standing as a Meta Business Partner.

6. Support and Service Levels

Support is provided on business days, from 10am to 6pm (mainland Portugal time), through the channels made available by ZAPIFY. Response times vary according to the urgency of the request and the contracted service level:

Customers with Priority Account Manager

• Emergency: response within 2 hours
• High: response within 8 hours
• Normal: response within 16 hours
• Low: response within 32 hours
• Very Low: response within 64 hours

Customers without Priority Account Manager

• Emergency: response within 8 hours
• High: response within 16 hours
• Normal: response within 32 hours
• Low: response within 64 hours
• Very Low: no defined guarantee

Response times are counted only within support hours and may be suspended in the event of overdue invoices.

7. User Responsibilities

The user is responsible for ensuring that the communications sent comply with applicable law (data protection, electronic communications, advertising) and with Meta's policies. Each company must ensure that it holds the necessary consents from recipients and that the content sent is appropriate and lawful.

It is equally the user's responsibility to manage its teams, access profiles and external integrations, ensuring that only authorised people use the platform.

8. ZAPIFY's Responsibilities

ZAPIFY commits to providing the services with due diligence and to ensuring the continuous operation of the platform, without prejudice to interruptions resulting from scheduled maintenance, failures of external providers (including Meta itself or telecommunications operators), or events beyond the company's reasonable control.

ZAPIFY does not guarantee the approval of templates, numbers, automations or other assets submitted to Meta, as that decision rests with the platform owner. Whenever possible, the team will provide guidance and support to promote compliance with current requirements.

9. Data, Security and Privacy

The platform performs regular, encrypted backups, with 7-day retention and point-in-time recovery capability, tested periodically. Technical hosting is provided by Amazon Web Services (AWS), in European Union regions. Technical and organisational measures aligned with security best practices apply (encryption, access control, monitoring and regular testing). Even so, each customer is advised to periodically export the information essential to its business.

Files sent/received (images, documents, audio, video): by default, ZAPIFY does not store files exchanged in conversations. These remain accessible through the WhatsApp Business Platform for the standard period currently applicable of 7 days, after which they become unavailable. Retention by ZAPIFY only occurs if the customer contracts dedicated storage space; in that case, the period and capacity defined in the specific plan or proposal apply.

The processing of personal data complies with applicable law, including Regulation (EU) 2016/679 (GDPR), with ZAPIFY acting as processor and the customer as controller. ZAPIFY notifies the customer of any personal data breach within a maximum of 24 hours of becoming aware of it. Upon execution of the service agreement, a Data Processing Agreement is made available, detailing additional obligations for both parties.

10. Suspension, Cancellation and Consequences

ZAPIFY may suspend access in the event of contractual breach, violation of these Terms, breach of Meta's policies, or use that puts the platform or other users at risk. Blocks or suspensions applied directly by Meta do not automatically interrupt the services contracted with ZAPIFY; the customer remains responsible for resolving the incident with Meta and for fulfilling the obligations undertaken with ZAPIFY for as long as the subscription remains active.

Obligations towards ZAPIFY only cease once cancellation is communicated under the terms provided for in the subscription. After the service effectively ends, remaining files and data are deleted within a maximum of 12 months, unless otherwise instructed in writing or required by specific legal requirements; the customer may opt for immediate deletion, completed within 5 days. (In cases of cancellation due to non-payment, the 120-day deletion period set out in clause 4 applies.)

11. Changes to the Services and Terms

ZAPIFY may update the features, technical specifications or these Terms to reflect legal developments, product improvements or Meta platform requirements. Substantial changes will be communicated through official channels. Continued use after such updates are communicated constitutes acceptance of them.

12. Limitation of Liability

Except in cases of willful misconduct or gross negligence, ZAPIFY's overall liability for direct damages arising from use of the platform is limited to the total amount actually paid by the customer in the 12 months preceding the event giving rise to liability. ZAPIFY is not liable for loss of profits, loss of unbacked-up data, loss of opportunity, reputational damage or other indirect damages, nor for facts attributable to third parties (including Meta), to the customer's content, or to the operation of artificial intelligence systems.

13. Governing Law and Jurisdiction

These Terms are governed by Portuguese law. Any disputes arising shall be subject to the exclusive jurisdiction of the Porto District Court (ZAPIFY's registered seat), with express waiver of any other jurisdiction, without prejudice to mandatory consumer protection rules where applicable.

14. Contact

For any questions related to these Terms or to the use of the platform, contact ZAPIFY at suporte@zapify.pt or through the support channels available in the customer area.