Terms of Service

1. Acceptance of Terms

By accessing and using Broadcaster ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Broadcaster provides WhatsApp Business messaging automation services, including but not limited to:

• Automated message scheduling and sending
• Contact and prospect management tools
• Appointment reminders
• Quick reply automation
• Marketing campaigns
• Analytics and reporting

3. Changes to the Service

We develop Broadcaster continuously. You agree that:

• We may add, change, or withdraw features at any time
• We may change how a feature works, including any allowances, limits and fair use thresholds that apply to it
• We will give you at least 30 days' notice before a change that materially reduces a feature you rely on
• We may make a change immediately, without notice, where it is needed for security, to comply with the law, or because a third party we depend on requires it
• Changes required by Meta or WhatsApp may take effect immediately, because they are outside our control. See section 7
• If a material change does not suit you, you may cancel your account under section 13

4. Account Registration

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or have legal capacity to enter into contracts
• Notify us immediately of any unauthorised use of your account

5. Acceptable Use Policy

You agree not to use the Service to:

• Send spam or unsolicited messages
• Violate WhatsApp's Terms of Service or Business Terms
• Transmit illegal, harmful, or offensive content
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt the Service
• Attempt to gain unauthorised access to any systems

6. Contacts, Prospects and Fair Use

Your plan is priced on Contacts. Contacts count against your plan allowance, and you can message them without restriction.

Prospects do not count against your plan allowance and you can store as many as you like. In return, their use is restricted. Prospects cannot receive appointment reminders or service messages, and marketing to Prospects is subject to a fair use allowance. Currently, in any rolling 30 day period, you may reach a number of distinct Prospects equal to 10% of your plan's Contact allowance. On a 250 Contact plan, that is 25 Prospects.

Converting a Prospect to a Contact makes them a Contact, and they then count against your Contact allowance in the normal way.

We may change these limits and the way they are calculated, to protect the Service against misuse of unlimited Prospect storage. We will give you at least 30 days' notice of a reduction. We may suspend or terminate accounts that deliberately work around these limits.

7. WhatsApp Compliance

You acknowledge that:

• You must comply with WhatsApp's Business Terms and Policies
• Broadcaster is not affiliated with WhatsApp or Meta
• Your use of WhatsApp through our Service is subject to WhatsApp's terms
• We may suspend or terminate your account for WhatsApp policy violations
• Meta (WhatsApp's parent company) may suspend, restrict, or terminate your WhatsApp Business Account at their sole discretion, including rejection of message templates, without providing detailed reasons
• Broadcaster is not liable for any actions taken by Meta or WhatsApp against your account, including but not limited to account bans, template rejections, messaging restrictions, or service interruptions
• We do not provide support or assistance in appealing or remediating Meta/WhatsApp account issues; such matters are solely your responsibility to resolve directly with Meta
• You acknowledge that Meta's decisions regarding your WhatsApp Business Account are final and outside of Broadcaster's control

8. Plans, Pricing and Payment

For paid subscriptions:

• Payment is due in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You are responsible for all applicable taxes

We may change our plans and our pricing. In particular:

• We may change the price of any plan
• We may introduce new plans, and change, rename or withdraw existing ones
• We may change what a plan includes, including its Contact allowance, its features, and the fair use limits in section 6
• We will give you at least 30 days' notice of a price increase, or of a reduction in what your plan includes
• A change takes effect at your next renewal after that notice period. Your current paid term is not affected
• If you do not accept a change, you may cancel before it takes effect, and your subscription will run to the end of the term you have already paid for

9. Data Privacy and Security

We take data privacy seriously:

• We process data in accordance with our Privacy Policy
• You retain ownership of your data
• We implement industry-standard security measures
• You are responsible for maintaining the confidentiality of your data

Our sub-processors

We use the following providers to run Broadcaster. Each one processes only what it needs to do its job.

• Meta Platforms Ireland: the WhatsApp Business Platform. Every message you send or receive passes through it, along with the phone number it is sent to. Your use of WhatsApp is also subject to Meta's own terms.
• Hetzner Online: hosting for the application and its databases. Falkenstein, Germany and Helsinki, Finland.
• Amazon Web Services: Amazon SES sends our outbound email, and Amazon S3 stores media attached to your WhatsApp messages. Ireland.
• OpenAI: transcribes voice notes into text, and powers the message composer. It receives the message or voice note being worked on.
• Anthropic: powers the assistant that helps you build message flows. It receives the description you write and the flow being built.
• Freemius: takes payment and manages your licence. It receives your billing details and contact information.

We will tell you before we add a new sub-processor or replace one of these. If you need a data processing agreement, contact us and we will provide one.

10. Intellectual Property

The Service and its content are protected by intellectual property laws:

• We retain all rights to the Service and its features
• You retain ownership of content you create
• You grant us a licence to use your content to provide the Service
• You may not copy, modify, or reverse engineer the Service

11. Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We disclaim all warranties, express or implied
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the past 12 months
• Some jurisdictions do not allow these limitations

12. Indemnification

You agree to indemnify and hold harmless Broadcaster, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

13. Termination

Either party may terminate this agreement:

• You may cancel your account at any time
• We may suspend or terminate accounts for Terms violations
• Upon termination, your right to use the Service ceases immediately
• Provisions that should survive termination will remain in effect

14. Changes to Terms

We may modify these Terms at any time:

• We will notify you of material changes via email or the Service
• Continued use after changes constitutes acceptance
• If you disagree with changes, you may terminate your account

15. Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes shall be resolved in the courts of England and Wales.

16. Contact Information

For questions about these Terms, please contact us at:

Fullworks Digital Ltd
Email: [email protected]
Address: Station House, Station Approach, East Horsley, Leatherhead, England, KT24 6QX