Terms of Service

Effective Date: May 17, 2026
Last Updated: May 17, 2026

These Terms of Service ("Terms") are a legal agreement between you ("User", "you") and ChatBreez ("we", "us", "our") governing your access to and use of the ChatBreez platform, API, dashboard, and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

ChatBreez provides a REST API and dashboard that allows developers and businesses to send and receive WhatsApp messages by connecting a WhatsApp account to our platform. We are an independent service and are not affiliated with, endorsed by, or officially connected to WhatsApp LLC or Meta Platforms, Inc.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you confirm that you meet this requirement and have the legal capacity to enter into a binding agreement.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your API keys and account credentials
• You must notify us immediately at [email protected] if you suspect unauthorised access to your account
• You are responsible for all activity that occurs under your account

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

4.1 You May Use the Service To:

• Send transactional messages such as order confirmations, OTPs, receipts, and appointment reminders
• Build customer support chatbots and automated reply flows
• Send messages to users who have explicitly opted in to receive communications from you
• Integrate WhatsApp messaging into your own applications and workflows

4.2 You Must Not Use the Service To:

• Send unsolicited messages (spam) — bulk messaging to recipients who have not opted in is strictly prohibited
• Violate WhatsApp's Terms of Service — any use that contravenes WhatsApp's Terms or Business Policy is prohibited
• Distribute harmful content — including malware, phishing links, hate speech, or illegal content
• Harass or threaten any individual or group
• Impersonate any person, company, or entity
• Conduct fraudulent activity including scams, deceptive marketing, or financial fraud
• Resell or white-label the Service without our express written consent
• Reverse-engineer the API or attempt to extract source code
• Circumvent rate limits or security controls through technical means
• Use the Service for political campaigning or mass unsolicited outreach
• Transmit content that is illegal under the laws of Kenya or the recipient's jurisdiction

Violation of these rules may result in immediate account suspension without refund.

5. WhatsApp Compliance

Because the Service connects to WhatsApp's infrastructure, your use is also subject to WhatsApp's own policies. You acknowledge that:

• WhatsApp may block or ban numbers that send spam or violate their policies
• We cannot guarantee that your number will not be banned by WhatsApp — this is outside our control
• We are not liable for any number bans resulting from your use of the Service
• You are solely responsible for ensuring your messaging use case complies with WhatsApp's policies

6. API Keys and Security

• Your API keys are personal and must not be shared publicly (e.g. committed to a public GitHub repository)
• If an API key is compromised, revoke it immediately from the dashboard and generate a new one
• We reserve the right to revoke API keys that are being used abusively or in violation of these Terms

7. Subscription, Billing, and Refunds

7.1 Plans and Pricing

ChatBreez offers subscription plans as described on our pricing page. All prices are in USD unless stated otherwise.

7.2 Billing

Subscriptions are billed monthly in advance. Your payment method will be charged at the start of each billing cycle. You authorise us to charge your selected payment method for all fees due.

7.3 Free Trial

New accounts receive a 14-day free trial. No credit card is required to start the trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

7.4 Cancellations

You may cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the period ends.

7.5 Refunds

Subscription fees are non-refundable except where required by applicable law. If you believe you have been charged in error, contact [email protected] within 14 days of the charge.

7.6 Late Payments

If payment fails, we will retry for 7 days. If payment is not received, your account will be suspended until the outstanding balance is settled.

8. Service Availability and Uptime

We aim to provide a reliable service but do not guarantee 100% uptime. We will make reasonable efforts to notify users of planned maintenance in advance. We are not liable for losses caused by service interruptions, WhatsApp infrastructure outages, or factors outside our control.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your collection and use of your users' phone numbers and personal data complies with applicable privacy laws including the Kenya Data Protection Act, 2019, GDPR, and CCPA.

10. Intellectual Property

All intellectual property rights in the Service, including the API, dashboard, documentation, and branding, belong to ChatBreez. These Terms do not grant you any rights to our intellectual property other than a limited licence to use the Service as described herein.

You retain ownership of any content you send through the Service. By using the Service, you grant us a limited, non-exclusive licence to process that content solely to the extent necessary to deliver the Service.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

• ChatBreez's total liability for any claim arising from these Terms or your use of the Service shall not exceed the total fees you paid to us in the 3 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity
• We are not liable for WhatsApp number bans, delivery failures, or changes to WhatsApp's platform or policies

12. Indemnification

You agree to indemnify and hold harmless ChatBreez, its directors, employees, and agents from and against any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or third-party rights
• Messages sent through your account
• Any claim by your end users arising from your application

13. Termination

13.1 By You

You may close your account at any time by contacting [email protected] or through the dashboard settings.

13.2 By Us

We may suspend or terminate your account immediately and without notice if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay fees when due
• Cause harm to other users or to our infrastructure

Upon termination, your right to access the Service ends immediately. We may delete your data in accordance with our Privacy Policy.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before the effective date.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.

16. General

• Entire Agreement — these Terms, together with the Privacy Policy, constitute the entire agreement between you and ChatBreez regarding the Service
• Severability — if any provision of these Terms is found unenforceable, the remaining provisions will continue in full force
• No Waiver — failure to enforce any provision does not constitute a waiver of our right to enforce it in the future
• Assignment — you may not assign your rights under these Terms without our prior written consent

17. Contact Us

For any questions about these Terms:

Email: [email protected]
Website: https://chatbreez.com