SMS & WhatsApp via the Platform

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User Agreement
Service Levels
Schedule 4
Data Breach Process
Change Control Policy
SMS & WhatsApp
  1. The Customer declares that every time it uses the Service it will comply with the WhatsApp Terms of Service, which can be consulted at https://www.whatsapp.com/legal/terms-of-service and https://www.whatsapp.com/legal/business-terms, and which will be amended from time to time.
  2. The Customer declares that upon taking the Service into use, it complies with the WhatsApp Business Solution Terms (https://www.whatsapp.com/legal/business-solution-terms), the WhatsApp Business API Guides (https://developers.facebook.com/docs/whatsapp/guides) and the WhatsApp Business Solution Policy (https://business.whatsapp.com/policy).
  3. Facebook is the supplier of the WhatsApp Business Solution and WhatsApp works in collaboration with Facebook to provide the WhatsApp Business Solution. The tools used for this purpose include Facebook Business Manager and Facebook Developer. The Customer accepts Facebook’s Terms of Service (https://facebook.com/legal/terms) and Facebook’s Commercial Terms (https://www.facebook.com/legal/commercial_terms) insofar as they apply to Facebook Business Manager and Facebook Developer.
  4. Facebook and WhatsApp may change the location of the above terms of service and rules of use.
  5. It is the Customer’s responsibility to ensure that it stays informed of amendments to Facebook’s and WhatsApp’s terms of service and to comply with them.
  6. The Customer will provide the Service to end users on terms of service similar to, but at least as stringent as the above terms of service originating from Facebook and WhatsApp
  7. The special Advertising Code for SMS Services, established by the Advertising Code Foundation, forms part of this Code of Conduct. This means that advertising expressions for SMS Services must comply with the SMS Services Advertising Code. Whenever the SMS Services Advertising General terms and conditions General terms and conditions – Spotler Version June 2025 | Page 13 of 18 Code is amended, the amended SMS Services Advertising Code will automatically apply to advertising expressions for SMS Services and become part of this Code of Conduct, effective from the date the amended SMS Services Advertising Code enters into force.
  8. Regarding the (telecom) market conditions or security, Spotler may impose additional restrictions on SMS services via the Platform. The restrictions will be included in the Quotation.
  9. When sending messages via SMS or WhatsApp, the Customer must take into account that not all distribution channels are encrypted.
  10. Although Spotler does its best to ensure that its services run as well as possible, Spotler cannot guarantee that SMS messages will be delivered via the telecom providers.
  11. Specifically for SMS services via the Platform, Spotler may increase the rates and prices of these services if the costs of purchasing the SMS services exceed the agreed rates and prices.
  12. If the Customer exceeds the agreed usage volumes for SMS or WhatsApp Services, Spotler reserves the right to charge the Customer for such overages. Spotler will discuss with the Customer whether such overages will be settled by (a) a one-time fee for the overages incurred in the relevant month, or (b) an adjustment of the Customer’s contracted volume banding to a higher level. If the Customer does not confirm its choice within fourteen (14) days of notification, Spotler will apply option (a) as the default.
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