Terms of Service

By accessing or using the SACNIS WhatsApp Business Messaging Platform (the "Service") operated by SACNIS Pty Ltd ("SACNIS", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including businesses and their authorised representatives. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

SACNIS provides a software platform that enables businesses to:

• Send outbound WhatsApp template messages to customers via the Meta WhatsApp Business API
• Create, manage, and submit message templates for Meta approval
• Receive and respond to inbound WhatsApp messages through a shared team inbox
• Track message delivery, read rates, and campaign analytics

The Service operates through the official Meta WhatsApp Business API. Your use of messaging functionality is subject to Meta's platform policies in addition to these Terms.

To access the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach at contact@sacnis.com

We reserve the right to suspend or terminate accounts that we believe have been compromised or used in violation of these Terms.

By using the Service, you agree to comply with:

Meta's Policies: The WhatsApp Business Terms of Service, Commerce Policy, and Acceptable Use Policy as published by Meta Platforms, Inc., as amended from time to time.

Opt-In Requirements: You must obtain valid, documented opt-in consent from every recipient before sending them any messages through the Service. Sending unsolicited messages (spam) is strictly prohibited.

Template Approval: All message templates must be approved by Meta prior to use. SACNIS facilitates template submission but does not guarantee approval. You are responsible for ensuring your templates comply with Meta's content guidelines.

Message Content: You must not use the Service to send messages that are deceptive, misleading, illegal, or that violate any applicable law or Meta's policies.

You acknowledge that SACNIS is not affiliated with or endorsed by Meta Platforms, Inc. WhatsApp is a trademark of Meta Platforms, Inc.

You agree to use the Service only for lawful business purposes. You must not use the Service to:

• Send unsolicited commercial messages or spam
• Harass, threaten, or abuse any person
• Transmit unlawful, defamatory, obscene, or fraudulent content
• Violate any applicable privacy or data protection law
• Circumvent or attempt to circumvent Meta's messaging limits or policies
• Resell access to the Service without prior written authorisation from SACNIS
• Introduce malware, viruses, or other harmful code into the platform
• Interfere with or disrupt the integrity or performance of the Service

Violation of this section may result in immediate suspension or termination of your account.

You retain ownership of the customer contact data you upload to the Service. By uploading such data, you grant SACNIS a limited licence to process it solely to provide the Service.

You represent and warrant that:

• You have obtained all necessary consents from your customers to receive messages and for SACNIS to process their data on your behalf
• Your collection and use of customer data complies with all applicable privacy laws, including but not limited to the Australian Privacy Act 1988 and the EU General Data Protection Regulation (GDPR) where applicable
• You will not upload sensitive personal data (such as health, financial, or government identification data) unless expressly authorised in writing by SACNIS

Our collection and use of data in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Access to the Service is subject to the fees set out in your subscription plan or as agreed in a separate order form. All fees are:

• Quoted in Australian Dollars (AUD) unless otherwise specified
• Due and payable in advance of each billing period
• Non-refundable except as expressly stated in these Terms or required by applicable law

We reserve the right to change our pricing with 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

Overdue payments may result in suspension of your account. If payment remains outstanding for more than 30 days, we may terminate your account and pursue recovery of outstanding amounts.

SACNIS and its licensors retain all right, title, and interest in and to the Service, including all software, designs, trademarks, and content created by SACNIS. These Terms do not grant you any rights to use SACNIS's trademarks, trade names, or branding.

You retain ownership of content you create or upload through the Service (including message templates and customer data). By submitting templates or content through the Service, you grant SACNIS a non-exclusive, royalty-free licence to use, process, and transmit such content solely to provide the Service.

We aim to provide a reliable and available Service but do not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure, including Meta's WhatsApp Business API, which may experience downtime or disruptions outside our control.

We reserve the right to perform scheduled maintenance and will endeavour to notify users in advance where possible. We do not accept liability for losses arising from Service unavailability due to circumstances beyond our reasonable control.

To the maximum extent permitted by law, SACNIS and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, loss of goodwill, or loss of business arising from:

• Your use of or inability to use the Service
• Any messages sent or received through the Service
• Decisions made by Meta regarding template approval or account suspension
• Unauthorised access to your account or data

Our total aggregate liability to you for any claims arising under these Terms shall not exceed the fees paid by you to SACNIS in the three months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

You agree to indemnify, defend, and hold harmless SACNIS Pty Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Any messages you send through the Service
• Your violation of any applicable law or third-party right
• Any claims by your customers or recipients regarding messages sent through the Service

Either party may terminate these Terms and your access to the Service by providing 30 days' written notice. We may suspend or terminate your account immediately and without notice if:

• You breach these Terms or Meta's policies
• We are required to do so by law or regulatory authority
• We reasonably believe your use of the Service poses a security risk or legal risk to us or others

Upon termination, your right to access the Service ceases immediately. We will provide you with a reasonable opportunity to export your data for 30 days following termination, after which we may delete your data in accordance with our Privacy Policy.

These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If the dispute is not resolved within 30 days, it shall be referred to mediation administered by the Australian Disputes Centre (ADC) or a similar body agreed by the parties. If mediation fails, either party may pursue resolution through the courts of Victoria, Australia, to which both parties submit exclusive jurisdiction.

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the platform at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service before the effective date.

Entire Agreement: These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between you and SACNIS regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that right.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact: For any questions regarding these Terms, please contact us at contact@sacnis.com.