Terms of Service

1. About these terms

These terms apply when a business uses Vitymobi Connect, our platform for automating WhatsApp conversations (the "Service"), and when you use www.vitymobi.ae. The Service is provided by Vitymobi Systems Limited ("Vitymobi", "we", "us"), registered in Masdar City, Abu Dhabi, UAE (Licence MC 13767).

By connecting a WhatsApp number to the Service or otherwise using it, you agree to these terms on behalf of the business you represent ("you"). If you have a separate signed agreement with us, that agreement takes priority where it conflicts with these terms.

2. The service

The Service lets you connect your existing WhatsApp Business number to our platform through Meta's official onboarding flow, so that:

• incoming customer messages can be answered automatically, using replies or AI responses you or your service provider configure;
• you keep using the WhatsApp Business App on your phone, and see every automated reply in your chats;
• the automation pauses when you reply yourself, so customers are not answered twice; and
• your conversation history and contacts can be synced to the platform, if you choose to share them during onboarding.

We access WhatsApp through the WhatsApp Business Platform (Cloud API) as a Meta Tech Provider. Vitymobi is not affiliated with, endorsed by or acting on behalf of Meta Platforms, Inc. or WhatsApp LLC.

3. Eligibility and your account

• The Service is for businesses only. You must be at least 18 and authorised to act for the business you connect.
• You must give accurate business information and keep it up to date.
• You are responsible for everyone who uses the Service through your business, and for keeping your Meta and Vitymobi login details secure.
• Tell us promptly at support@vitymobi.ae if you suspect unauthorised access.

4. Meta and WhatsApp terms

Using WhatsApp for business is also governed by Meta's terms, which you accept directly with Meta during onboarding. You must comply with them, including the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy.

• Your WhatsApp Business Account and phone number remain yours. You can remove our access at any time from your Meta Business settings.
• Meta may limit, restrict or disable a WhatsApp account or number, change its products or prices, or change how the API works. We are not responsible for Meta's decisions, but we will help you where we reasonably can.
• To keep the WhatsApp Business App connected, you need to keep the app installed and open it regularly, as Meta requires.

5. Acceptable use

You must not use the Service to:

• message people who have not agreed to hear from your business, or send spam or bulk unsolicited messages;
• send unlawful, misleading, abusive, infringing or harmful content, or content prohibited by Meta's policies;
• collect or send payment card numbers, passwords, government ID numbers or similar sensitive data through automated replies;
• impersonate another person or business;
• interfere with, overload, probe or reverse engineer the Service, or try to access data that isn't yours; or
• break any applicable law, including consumer protection, telemarketing and data protection laws.

You are responsible for the content of your automated replies and for any instructions or AI responses you configure.

6. Your content and data

You own your messages, contacts, chat history and other content you or your customers send through the Service ("Your Data").

You give us permission to host, process and transmit Your Data only as needed to provide, secure and support the Service. For Your Data, you are the data controller and we act as your processor. We handle it as described in our Privacy Policy and, where you have one with us, our data processing agreement.

You confirm that you have the notices and consents required by law to let us process your customers' messages and contact details for you.

You can ask us to delete Your Data at any time. See Data Deletion.

7. Fees and Meta charges

• Fees for the Service are those agreed in your order, proposal or agreement with us (or with the reseller who provides the Service to you). Unless agreed otherwise, fees are payable in advance and are not refundable.
• Meta charges for some WhatsApp messages, such as template messages. Meta bills these charges to your WhatsApp Business Account using the payment method you add with Meta. They are not part of our fees.
• Fees exclude VAT and other taxes, which are added where applicable.

8. Availability and changes

We aim to keep the Service available and reliable, but we do not guarantee it will be uninterrupted or error-free. The Service depends on Meta, WhatsApp, hosting providers and the internet, which are outside our control.

We may improve, change or retire features. If a change materially reduces the Service you pay for, we will give you reasonable notice where we can.

9. Suspension and termination

• You can stop using the Service at any time by disconnecting our app in your Meta Business settings and telling us at support@vitymobi.ae.
• We may suspend or end your access if you breach these terms or Meta's policies, if you don't pay fees when due, if Meta requires it, or if continuing would expose us or others to legal or security risk. Where reasonable, we will warn you first.
• When your access ends, the automation stops, and we delete Your Data as described on our Data Deletion page, except where the law requires us to keep it.

10. Disclaimers

Apart from what these terms expressly say, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including fitness for a particular purpose. Automated and AI-generated replies can be wrong or incomplete, so you should monitor your conversations and correct replies where needed.

11. Limitation of liability

To the extent the law allows:

• we are not liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or data;
• we are not liable for acts or omissions of Meta or WhatsApp, including account restrictions, outages or price changes; and
• our total liability arising from the Service in any 12-month period is limited to the fees you paid us for the Service in that period.

Nothing in these terms limits liability that cannot be limited by law.

12. Indemnity

You agree to compensate us for reasonable losses and costs arising from claims by third parties (including Meta and your customers) caused by your breach of these terms, Meta's policies or applicable law, or by the content you send through the Service.

13. Governing law

These terms are governed by the laws of the Emirate of Abu Dhabi and the applicable federal laws of the United Arab Emirates. The courts of Abu Dhabi have exclusive jurisdiction over any dispute arising from them, unless we agree otherwise in writing.

14. Changes to these terms

We may update these terms. The date at the top shows the latest version. If we make material changes, we will tell connected businesses by email or through the Service before they take effect. Continuing to use the Service after that means you accept the updated terms.

15. Contact