Welcome to HALPOPTECH. These Terms of Service ("Terms") govern your access to and use of the HALPOPTECH platform and services (the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.
1. Eligibility and Account Security
- Authority: You represent that you are at least 18 years old and have the authority to bind your organization to these Terms.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Security Monitoring: You agree to notify us immediately of any unauthorized access. We reserve the right to log access and monitor usage for security, fraud prevention, and compliance purposes in accordance with the Saudi Personal Data Protection Law (PDPL).
2. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in compliance with applicable laws in the Kingdom of Saudi Arabia. Prohibited activities include:
- Spamming: Sending unsolicited bulk messages or violating WhatsApp’s Business Messaging Policy.
- Consent: Sending messages to individuals who have not provided explicit, verifiable consent to be contacted.
- Illegal Content: Transmitting fraudulent, deceptive, harassing, or otherwise illegal content.
- Data Misuse: Attempting to access data belonging to other organizations, reverse engineering our platform, or bypassing security restrictions.
3. Personal Data Protection and PDPL Compliance
As a user of our SaaS platform, you act as an independent Data Controller for the contact data you upload and process, while HALPOPTECH acts as a Data Processor on your behalf. By using the Service, you agree to:
- Comply fully with the Saudi Arabian Personal Data Protection Law (PDPL) and its Implementing Regulations.
- Ensure you have a valid, documented legal basis (such as explicit consent or contractual necessity) for processing your customers' personal data via our platform.
- Honor data subject rights requests (access, correction, deletion, portability) received from your customers in the timelines mandated by the PDPL.
- Notify HALPOPTECH immediately if you become aware of any data breach or security incident affecting the data processed within the Service.
4. Billing, Payments, and Cancellation
- Subscription: Paid plans are billed on a recurring basis via our third-party payment processor (Stripe).
- Taxes: Prices are exclusive of Value Added Tax (VAT) and any other applicable KSA taxes, which will be added to your invoice as required by law.
- Trial Period: New accounts may receive a 14-day free trial. No credit card is required to start.
- Limits: Plan limits (conversations, contacts, etc.) are enforced as described on our pricing page.
- Cancellation: You may cancel at any time via the Dashboard. Cancellation takes effect at the end of the current billing cycle.
5. Service Availability and Third-Party Dependencies
- Availability: The Service is provided "as is" and "as available." We strive for high availability but do not guarantee uninterrupted access.
- Dependencies: The Service relies on third-party providers, including Meta (WhatsApp Cloud API) and Cloudflare. We are not liable for outages, policy changes by Meta, or interruptions caused by these third-party services. Please note that using these services may involve international data transfers secured by appropriate safeguards.
- Modifications: We reserve the right to modify, update, or discontinue features with reasonable notice to ensure platform security and compliance.
6. Termination and Data Return
We reserve the right to suspend or terminate your account immediately if you violate these Terms, WhatsApp’s policies, or applicable KSA laws (including the PDPL).
Upon termination or cancellation, you have 30 days to export your data via the Dashboard. After this period, your account data and associated personal data will be securely deleted in accordance with our Privacy Policy and PDPL retention requirements.
7. Limitation of Liability
To the maximum extent permitted by the laws of the Kingdom of Saudi Arabia:
- HALPOPTECH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
- Our total aggregate liability arising out of or related to these Terms shall not exceed the total amount paid by you for the Service in the 12 months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless HALPOPTECH, its affiliates, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any third-party rights or applicable laws, including the PDPL.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. Any disputes arising out of these Terms shall first be attempted to be resolved amicably. If unresolved within 30 days, any legal action shall be subject to the exclusive jurisdiction of the competent courts in [Insert City, e.g., Riyadh], Saudi Arabia.
10. Contact Us
If you have any questions about these Terms, please reach out via our contact page or email us directly at [email protected].