Wabery

Terms of Service

Last updated: March 2025

Welcome to Wabery. These Terms of Service ("Terms") govern your use of our messaging API and developer platform that lets you build on WhatsApp, Instagram, and Facebook Messenger, including channels, signed webhooks, WhatsApp Flows, our CLI, and MCP server. By using Wabery, you agree to be bound by these Terms.

1. Definitions

  • "Service" refers to the Wabery platform, including our website, API, CLI, MCP server, applications, and related features.
  • "You" or "User" refers to the business or individual using our Service.
  • "Organization" refers to your business account, which may contain multiple locations and team members.
  • "Location" refers to a physical or virtual business location within your Organization.
  • "Customer" refers to your end customers who interact with your business through our platform.
  • "Credits" refers to the conversation units used to handle customer conversations. One credit equals one 24-hour conversation session with a customer.
  • "Channel" refers to a connected messaging platform (WhatsApp, Instagram, or Facebook Messenger).

2. Account Terms

  • You must be at least 18 years old to use our Service.
  • You must provide accurate and complete registration information.
  • You are responsible for maintaining the security of your account credentials.
  • You are responsible for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account.

2.1 Third-Party Sign-In (Google, Apple, Facebook)

If you choose to register or sign in using a third-party service (such as Google, Apple, or Facebook):

  • You authorize us to access and use certain information from your third-party account (name, email, and profile picture where applicable)
  • Your use of the third-party service is subject to their respective terms and privacy policies
  • You may revoke our access through the third-party provider's settings at any time (see our Privacy Policy for instructions)
  • We are not responsible for the third-party provider's practices or any service disruptions on their end

2.2 Organizations

Your account is associated with an Organization that represents your business workspace. You are responsible for:

  • Ensuring accurate information for your Organization (business name, timezone, contact details)
  • Configuring channels, webhook endpoints, WhatsApp Flows, and API integration settings
  • Maintaining appropriate access controls for your Organization's data

2.3 Team Members and Roles

You may invite team members to your Organization with different permission levels:

  • Owner: Full access to all features, billing, and settings
  • Admin: Manage team members, integrations, and settings (excluding billing)
  • Staff: Day-to-day access to connected channels, messages, and the platform's operational features

You are responsible for the actions of all team members you invite to your Organization. Ensure team members understand and comply with these Terms.

3. Service Description

Wabery provides a messaging API and developer platform that lets you build on WhatsApp, Instagram, and Facebook Messenger. The Service enables you to:

  • Connect and manage messaging channels (WhatsApp, Instagram, Facebook Messenger) through a single API
  • Send and receive messages programmatically across connected channels
  • Receive inbound message and event notifications via signed webhooks
  • Collect structured data from users with WhatsApp Flows
  • Build, test, and manage your integration using our CLI and MCP server
  • Manage API keys and access for your team

3.1 Channel Limitations

Different messaging channels have different capabilities imposed by their respective platforms:

  • WhatsApp: Supports template messages and proactive notifications within the platform's messaging windows and policies
  • Instagram & Facebook Messenger: Due to platform restrictions, proactive messaging is limited. These channels are best suited for responding to user-initiated conversations.

We are not responsible for limitations imposed by third-party messaging platforms.

4. Subscription and Billing

4.1 Free Plan

We offer a free plan with limited monthly usage. No credit card required. Free plan availability and features are subject to change.

4.2 Paid Plans and Features

The free plan provides limited access to the messaging API and platform features. Paid plans unlock higher conversation volume, additional channels, and expanded platform capabilities such as WhatsApp Flows, webhook delivery, and higher API rate limits.

4.3 Subscription Plans

Our subscription plans include a monthly allocation of conversation credits. Each credit allows for a 24-hour conversation window with a customer, including all messages sent and received within that window.

4.4 Conversation Packs

In addition to subscription credits, you may purchase Conversation Packs for additional credits on a pay-as-you-go basis. Conversation Pack credits are consumed before subscription credits and do not expire as long as your account remains active.

4.5 Credit Usage

Credits are consumed as follows:

  • One credit is used when a new conversation session begins with a customer
  • A conversation session lasts 24 hours from the first message
  • All messages within the 24-hour window are included in a single credit
  • Business-initiated messages (reminders, follow-ups) extend the session without using additional credits

4.6 Payment

  • Subscription fees are billed in advance on a monthly or annual basis.
  • All fees are non-refundable except as expressly stated in these Terms.
  • We reserve the right to change pricing with 30 days notice.

4.7 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until then. Unused Conversation Pack credits are forfeited upon account closure.

4.8 Refund Policy

All fees are generally non-refundable. The following are not eligible for refunds:

  • Consumed credits or used conversation sessions
  • Subscription fees for periods where the Service was available and accessible
  • Voluntary cancellations or downgrades

Refunds may be issued at our sole discretion for verified billing errors, such as duplicate charges or incorrect amounts. Refund processing fees may apply.

5. Acceptable Use

You agree NOT to:

  • Send spam, unsolicited messages, or bulk messaging
  • Violate WhatsApp's Terms of Service or Business Policy
  • Use the Service for illegal or fraudulent purposes
  • Harass, abuse, or harm others through the Service
  • Attempt to bypass usage limits or security measures
  • Resell or redistribute the Service without authorization
  • Upload malicious code or interfere with the Service's operation

6. Developer Use and Integrations

6.1 Service Limitations

The Service provides messaging APIs, webhooks, WhatsApp Flows, and related tooling to help you build messaging features, but may not always be available or behave as expected. You acknowledge that:

  • API responses, webhook deliveries, and message delivery may be delayed, retried, or fail
  • You are responsible for building, testing, and monitoring your own integration
  • You can manage and disable your channels and integrations at any time
  • The Service may not be suitable for every messaging use case or regulatory requirement

6.2 Your Responsibility

You are solely responsible for the content of messages sent through your account and the behavior of any application you build on the Service, whether sent programmatically or manually composed. You should configure your integration appropriately for your use case.

6.3 Media Handling

The Service may relay media (such as images) sent by your customers to your integration. Where media is processed, metadata (such as EXIF data) may be stripped. Any further processing or storage of media is your responsibility, and some processing may be performed by third-party providers.

6.4 Webhooks and Programmatic Access

The Service can deliver events and messages to your configured webhook endpoints and accept actions through the API, CLI, and MCP server on behalf of your account. These actions are performed within the scope of your configuration and credentials. You are responsible for securing your API keys and webhook endpoints and for reviewing the actions your integration performs.

7. Data Ownership and Processing

7.1 Your Data

You retain ownership of all data you upload to the Service and all customer data processed through your account. We act as a data processor on your behalf.

7.2 License to Us

You grant us a limited license to use your data solely to provide and improve the Service. We will not sell your data to third parties.

7.3 Customer Data

You are responsible for obtaining appropriate consent from your customers for data collection and processing through our Service. You must comply with applicable data protection laws.

8. Subscription Billing

Wabery charges only for platform subscriptions. We do not collect, hold, or process payments from your end users on your behalf.

8.1 Payment Provider

Subscription payments are processed through Stripe, a third-party payment processor. By subscribing, you agree to Stripe's terms of service.

8.2 Subscription Charges

Subscription fees and conversation pack purchases are charged to the payment method on file at the start of each billing cycle. Failed charges may suspend access to the Service until the issue is resolved.

10. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Wabery and protected by intellectual property laws. Our trademarks may not be used without prior written consent.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free. We are not responsible for the actions or content of third-party services, including WhatsApp.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WABERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Wabery, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you transmit through the Service

14. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • You may request a copy of your data by contacting [email protected] within 30 days
  • We may delete your data after a reasonable retention period

15. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.

17. Severability

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

18. Contact Us

If you have questions about these Terms, please contact us at:

Email: [email protected]

Terms of Service | Wabery