Terms of Service

1. Agreement to Terms

By accessing or using Cincht's WhatsApp Business Platform ("Service") — including our website, API, mobile applications, and related services — you ("Customer" or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" include that organisation. If you do not agree with any part of these Terms, you may not use the Service.

These Terms incorporate by reference Meta's WhatsApp Business Policy, Meta's Business Policy, and Meta's Messaging Policy (collectively, "Meta Policies"), all as updated by Meta from time to time. In the event of a conflict between these Terms and the Meta Policies regarding WhatsApp usage, the Meta Policies shall prevail.

2. Description of Service

Cincht is an authorised WhatsApp Business Solution Provider (BSP) registered with Meta Platforms, Inc. We provide a cloud-based platform that enables businesses to manage WhatsApp Business API communications. The Service includes:

• Shared WhatsApp inbox and multi-agent team collaboration
• Customer CRM, contact management, and audience segmentation
• Broadcast campaigns, message scheduling, and bulk messaging
• No-code automation workflow builder and chatbot creator
• AI-powered chat agents with LLM integrations
• WhatsApp message template management and Meta pre-approval submission
• Analytics, reporting, and performance dashboards
• Developer API for custom integrations, plus native connectors (Shopify, WooCommerce, Zapier, and more)
• Embedded Signup — enabling your customers to connect their own WhatsApp Business Accounts (WABAs) to our platform

The Service requires each customer to have (or obtain through our Embedded Signup flow) a valid WhatsApp Business Account (WABA) associated with their own business phone number. The Service operates under Cincht's BSP status and is subject to Meta's ongoing approval and policy enforcement.

3. Eligibility & Account Registration

To register for and use the Service, you must:

• Be at least 18 years of age
• Be a legal business entity or represent one — the Service is for business use only, not personal messaging
• Have a legitimate business registered in a country where WhatsApp Business API is available
• Provide accurate, current, and complete registration information, including your business name and contact details as they appear in your Meta Business Manager
• Maintain and promptly update your account information as necessary
• Keep your account credentials secure and confidential; not share credentials with individuals outside your organisation
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorised use of your account at security@cincht.com

We reserve the right to suspend or terminate accounts that provide false or misleading information, or that violate these Terms or the Meta Policies.

4. Acceptable Use Policy

You may use the Service only for lawful business purposes and in full compliance with these Terms and all applicable Meta Policies. You agree not to use the Service to:

4.1 General Prohibited Conduct

• Violate any applicable local, national, or international law or regulation
• Infringe on the intellectual property rights of Cincht or any third party
• Transmit viruses, malware, ransomware, or any other harmful or malicious code
• Attempt to gain unauthorised access to the Service, its servers, or any related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Scrape, mine, or harvest data from the Service without our express written consent
• Use the Service to harass, threaten, defame, or harm any individual or group
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity

4.2 WhatsApp Messaging Prohibited Conduct

The following are strictly prohibited when using the Service to send WhatsApp messages:

• Spam: Sending unsolicited bulk messages (spam) to contacts who have not opted in to receive communications from your business
• Phishing & Fraud: Conducting phishing campaigns, misleading offers, deceptive pricing, or fraudulent activities of any kind
• Prohibited Content: Drugs (including recreational drugs and drug paraphernalia), tobacco and tobacco products to minors, weapons (firearms, ammunition, explosives), gambling services without proper licences, adult content, multi-level marketing (MLM) or pyramid schemes
• Healthcare Violations: Promoting prescription medicines, unverified medical claims, or healthcare services in violation of applicable regulations
• Financial Services Violations: Payday loans, bail bonds, binary options, or high-risk financial products without proper regulatory disclosure
• Hate Speech or Harassment: Content promoting discrimination, hate, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Misinformation: Knowingly spreading false or misleading health, political, or safety information
• Unsolicited Re-engagement: Messaging contacts after they have requested to stop receiving messages or after 24 hours since their last inbound message (except via approved Message Templates)

Violation of these restrictions may result in immediate suspension or termination of your account, removal from the Cincht platform, and potential enforcement action by Meta, including the suspension of your WhatsApp Business Account.

5. WhatsApp & Meta Compliance

5.1 Mandatory Compliance with Meta Policies

As a customer of Cincht's BSP platform, you are independently responsible for complying with all applicable Meta Policies, including:

• WhatsApp Business Policy — governing how WhatsApp Business API may be used
• Meta Commerce Policy — governing products and services that may be promoted via messaging
• WhatsApp Messaging Policy — governing message content, frequency, and quality ratings
• Meta Business Verification requirements — your Meta Business Manager must remain verified for your WABA to remain active

Meta may update its policies at any time. We will make reasonable efforts to notify you of changes that materially affect the Service, but you are responsible for monitoring Meta's policy pages directly.

5.2 End User Opt-In & Consent

You are solely responsible for obtaining, recording, and honouring valid opt-in consent from every WhatsApp user you contact through the Service. Your opt-in process must:

• Clearly state that the user is consenting to receive WhatsApp messages from your specific business
• Identify the specific types of messages the user will receive (e.g., order updates, promotions, support)
• Not be pre-checked or forced — consent must be freely given, specific, informed, and unambiguous
• Include a clear and easy opt-out mechanism (e.g., "Reply STOP to unsubscribe")
• Comply with all applicable laws, including GDPR, CCPA, and local telecommunications regulations

Cincht may request proof of opt-in records at any time. Failure to demonstrate valid consent may result in account suspension. You indemnify Cincht against any claims arising from your failure to obtain proper consent.

5.3 Message Templates

All outbound WhatsApp messages sent outside an active 24-hour conversation window must use pre-approved Message Templates. Cincht provides tooling to create and submit templates to Meta for approval. You agree that:

• Templates must accurately represent the message that will be sent and must not be modified to deviate from approved content
• Template approval is at Meta's sole discretion — Cincht cannot guarantee approval or override Meta's decisions
• Approved templates must not be used to send content that differs materially from the approved version
• Templates containing prohibited content will be rejected and may result in account review

5.4 Phone Numbers & WABA Ownership

Each customer connects their own dedicated business phone number to the WhatsApp Business API. Cincht does not assign phone numbers to customers. You represent and warrant that:

• You own or have the legal right to use the phone number registered to your WABA
• The phone number is not already registered to another WhatsApp account (personal or business)
• You will not transfer, sell, or reassign a verified WABA phone number without following Meta's official procedures

5.5 Quality Ratings & Message Quality

Meta assigns quality ratings to WhatsApp Business phone numbers based on user feedback and message engagement. Low quality scores can result in reduced messaging limits or temporary suspension by Meta. You are responsible for maintaining good message quality by:

• Sending only to users who have opted in and genuinely expect to hear from you
• Keeping message frequency appropriate and not overwhelming recipients
• Promptly addressing opt-out requests
• Monitoring your quality dashboard in the Cincht platform and adjusting messaging practices accordingly

5.6 BSP Responsibilities

As a BSP, Cincht is responsible to Meta for the aggregate behaviour of all customers on our platform. Accordingly, Cincht reserves the right to:

• Proactively suspend or limit accounts that exhibit messaging behaviour likely to violate Meta Policies or put Cincht's BSP status at risk
• Report policy violations to Meta where required under our BSP agreement
• Modify or remove message templates that violate Meta Policies, with or without prior notice
• Apply messaging rate limits or temporary holds during periods of unusual activity

6. Payment Terms

6.1 Subscription Fees

Subscription fees are billed in advance on a monthly, quarterly, or annual basis depending on your selected plan. All fees are quoted and billed in USD unless otherwise stated. Subscriptions auto-renew unless cancelled before the renewal date.

6.2 WhatsApp Conversation Costs

Meta charges per-conversation fees for WhatsApp Business API usage. These conversation fees are in addition to your Cincht subscription. Meta's pricing is based on conversation category (marketing, utility, authentication, service) and the recipient's country code. These charges are passed through to you and billed monthly based on actual usage. Meta may update conversation pricing; changes will be reflected in your next billing cycle.

6.3 Wallet & Pre-payment

Depending on your plan, WhatsApp conversation charges may be drawn from a pre-funded wallet balance. It is your responsibility to maintain a sufficient wallet balance. Cincht is not liable for message failures resulting from insufficient wallet funds.

6.4 Refunds

Subscription fees are non-refundable except as expressly required by applicable law. Unused wallet balances are refundable upon written request within 30 days of account termination. We do not provide refunds for Meta conversation charges already incurred.

6.5 Pricing Changes

We reserve the right to change Cincht subscription pricing with at least 30 days' written notice. Changes to Meta's per-conversation fees are outside our control and may take effect immediately in line with Meta's own notice periods.

6.6 Taxes

You are responsible for all applicable taxes on your use of the Service. Where Cincht is required by law to collect tax (VAT, GST, sales tax), it will be added to your invoice.

7. Intellectual Property

The Service, including its original content, design, features, codebase, and functionality, is owned by Cincht and protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms transfers any ownership of Cincht's intellectual property to you.

You retain full ownership of all content you create using the Service — including message templates, contact data, automation flows, and campaign assets. By using the Service, you grant Cincht a limited, non-exclusive, royalty-free licence to use, store, copy, and process your content solely as necessary to provide the Service to you and to comply with our obligations to Meta as a BSP.

"WhatsApp" and the WhatsApp logo are registered trademarks of Meta Platforms, Inc. Cincht's use of these marks is solely to describe our integration with the WhatsApp Business API. You may not use Meta's or Cincht's trademarks without prior written consent.

8. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key data commitments:

• Cincht acts as your data processor for WhatsApp messaging data and as a data controller for your account and billing data
• We process WhatsApp messaging data only on your instructions and for the purpose of providing the Service
• We do not sell, share, or use your messaging data for our own marketing or product development
• We maintain appropriate technical and organisational security measures as required by GDPR, CCPA, and Meta's data processing requirements
• A Data Processing Agreement (DPA) covering our obligations as data processor is available on request at privacy@cincht.com

You are responsible for your own compliance with data protection laws applicable to your use of the Service, including obtaining valid consent from your end users to receive WhatsApp messages and to have their personal data processed by your business.

9. Service Availability

We target 99.9% platform uptime and strive to maintain uninterrupted access. However, we cannot guarantee continuous, error-free access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (communicated in advance where possible via our status page)
• Emergency maintenance or critical security patches
• Events beyond our reasonable control (force majeure, including power outages and natural disasters)
• Meta or WhatsApp API outages, policy changes, or enforcement actions affecting our BSP access
• Third-party service degradation (cloud hosting, payment processors, etc.)

Cincht's service availability SLA does not cover downtime attributable to Meta's WhatsApp API infrastructure. You acknowledge that Meta's platform is outside Cincht's control and that Meta may change, restrict, or terminate API access at any time in line with its own policies.

10. Third-Party Services

The Service integrates with and depends on third-party services. Your use of these integrations is subject to each provider's own terms of service and privacy policies:

• Meta Platforms, Inc. (WhatsApp)WhatsApp Business API, WABA management, template approval, and message delivery infrastructure. Meta's Business Policy and WhatsApp Business Policy apply directly to your use.
• Stripe / Paystack / FlutterwavePayment processing for subscriptions and wallet top-ups. PCI-DSS compliant. Your payment data is subject to their respective privacy policies.
• Shopify / WooCommerce / ZapierE-commerce and automation integrations. Available as optional add-ons; use subject to each provider's terms.
• AI Providers (OpenAI, Anthropic)Used to power AI chat agent features where enabled. Message content may be sent to these providers to generate responses. See AI feature settings to control this.

Cincht is not responsible for the availability, accuracy, or reliability of any third-party service, including Meta's WhatsApp API.

11. Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting our support team with 30 days' notice before your next billing date.

Cincht may terminate or suspend your account immediately, without prior notice or liability, in the following circumstances:

• Violation of these Terms or any Meta Policy
• Engagement in spam, fraud, or any behaviour that threatens Cincht's BSP status with Meta
• Meta suspends or terminates your WABA for policy violations
• Non-payment of fees after 14 days' notice
• A legal requirement to do so

Upon termination: your access to the Service will immediately cease; we will retain your data for 30 days for export purposes, after which it will be permanently deleted unless required by applicable law. Your WABA and Meta Business Manager account remain your own — Cincht termination does not affect them, though they will no longer be accessible through our platform.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cincht, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business interruption — arising from your use of, or inability to use, the Service.

In particular, Cincht shall not be liable for:

• Message delivery failures attributable to Meta's WhatsApp API infrastructure
• Suspension or termination of your WABA by Meta for policy violations
• Changes to Meta's per-conversation pricing or messaging policies
• Losses arising from your failure to maintain valid user consent for WhatsApp messaging
• Fines, penalties, or regulatory actions arising from your data protection non-compliance

Our total aggregate liability to you for all claims arising from or related to these Terms or the Service shall not exceed the total amount paid by you to Cincht in the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Cincht and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms or any applicable Meta Policy
• Your use or misuse of the Service
• Your failure to obtain valid opt-in consent from WhatsApp message recipients
• Any WhatsApp messages sent by you or on your behalf that violate applicable law or Meta's Messaging Policy
• Any claim by a third party (including your end users) arising from your WhatsApp communications
• Your violation of any data protection law or regulation in connection with your use of the Service

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California, except where prohibited by applicable local law.

If you are located in the European Union or United Kingdom, nothing in this clause limits your rights to bring claims before your local courts under applicable mandatory consumer or data protection law.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and by posting a notice on the Service at least 30 days before the changes take effect. Changes required to comply with Meta Policy updates or legal requirements may take effect with shorter notice.

Continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Contact

If you have any questions about these Terms, please contact our legal team: