Rastova WhatsApp Messaging Service - Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Rastova WhatsApp Messaging Service ("Service"), a Shopify application that enables merchants to send WhatsApp messages to their customers through automated triggers, campaigns, and templates. By installing, accessing, or using the Service, you agree to be bound by these Terms.

The Service is provided by Rastova ("we," "us," or "our") and is designed exclusively for use within the Shopify ecosystem.

2. Service Description

The Service provides the following WhatsApp messaging capabilities:

• WhatsApp Campaigns: Send bulk WhatsApp template messages to audience groups with dynamic variable mapping, scheduling, and batch processing.
• WhatsApp Automations: Create automated WhatsApp message flows triggered by Shopify events (e.g., abandoned carts, order confirmations, shipping updates).
• Template Management: Create, sync, and manage WhatsApp message templates that comply with Meta's approval process.
• Webhook Processing: Receive and process delivery status updates (sent, delivered, read, failed) and inbound customer replies.
• Business Profile Management: View and update your WhatsApp Business Profile.
• Analytics and Reporting: Track message delivery, read rates, and campaign performance.

3. Eligibility

To use the Service, you must:

1. Have an active Shopify store with a valid subscription.
2. Have a valid WhatsApp Business Account (WABA) connected through our platform.
3. Comply with Meta's WhatsApp Business Platform Terms and Commerce Policy.
4. Be at least 18 years of age or the legal age of majority in your jurisdiction.
5. Have the legal authority to bind your business to these Terms.

4. Account and Connection

4.1 WhatsApp Business Account

You are responsible for maintaining your WhatsApp Business Account, including compliance with Meta's policies. Connection to the Service is established through our integration partner (Rasti by Rastova), which links your WABA to our platform.

4.2 Account Information

When connecting your WhatsApp Business Account, we store the following:

• WhatsApp connection identifier
• WhatsApp phone number
• WhatsApp Business Account ID (WABA ID)
• Connection display name

4.3 Account Security

You are responsible for maintaining the security of your Shopify account and WhatsApp Business Account. You must notify us immediately of any unauthorized access or use.

5. Subscription Plans and Quotas

5.1 Plans

The Service is offered under tiered subscription plans, each with a monthly WhatsApp message quota:

Plan pricing and quotas are subject to change with prior notice.

5.2 Quota Usage

• Message quotas reset monthly on your billing cycle start date.
• Each WhatsApp template message sent counts toward your monthly quota.
• Quota consumption is checked before each message is sent; messages will not be sent if your quota is exhausted.
• Unused quota does not roll over to the next billing cycle.

5.3 Per-Message Costs

WhatsApp messages may incur per-message costs based on Meta's pricing, which varies by:

• Message category: Marketing, Utility, or Authentication.
• Recipient market: Pricing varies across 32+ market regions based on the recipient's country code.

Current per-message pricing is determined by Meta and may change. We will reflect Meta's pricing as accurately as possible.

6. Message Templates

6.1 Template Approval

All WhatsApp messages sent through the Service must use templates approved by Meta. You are responsible for:

• Submitting templates that comply with Meta's template guidelines.
• Ensuring template content is accurate, non-misleading, and lawful.
• Monitoring template status (Approved, Rejected, Pending, Paused, Disabled).

6.2 Template Content

Templates may contain:

• Header: Text or media (images, videos, documents).
• Body: Text with dynamic variable placeholders.
• Footer: Static text.
• Buttons: Quick reply buttons or URL buttons.

6.3 Variable Mapping

Dynamic variables within templates can be populated from:

• Shopify customer and order data.
• Audience group member attributes.
• Static values defined by you.

You are responsible for ensuring all variable data is accurate and appropriate.

6.4 Supported Languages

The Service supports templates in English (en) and Arabic (ar).

7. Campaigns

7.1 Campaign Execution

• Campaigns are processed in batches of 50 messages with delays between batches to comply with rate limits.
• Campaigns can be scheduled for future delivery or sent immediately.
• Once a campaign begins sending, it cannot be cancelled for messages already dispatched.

7.2 Audience Groups

You are responsible for ensuring that recipients in your audience groups have provided valid consent to receive WhatsApp messages from your business.

8. Automations

8.1 Event-Triggered Messages

Automations send WhatsApp messages based on Shopify events. You are responsible for configuring automations appropriately, including:

• Selecting relevant trigger events.
• Setting appropriate delays.
• Mapping template variables correctly.

8.2 Abandoned Cart Reminders

For abandoned cart automations, the Service checks whether the customer has already completed their purchase before sending a reminder to avoid unnecessary messages.

9. Data Collection and Privacy

9.1 Data We Collect

In the course of providing the Service, we collect and store the following data:

• Merchant data: Shopify store information, subscription details, and usage statistics.
• Message logs: Recipient phone numbers (in E.164 format), template names, message IDs, delivery statuses, timestamps, error messages, and charge amounts.
• Campaign records: Template selections, language preferences, variable mappings, audience groups, and scheduling data.
• Automation records: Trigger configurations, template mappings, and execution history.
• Inbound messages: Customer replies, quick reply button selections, and associated phone numbers.
• Usage history: Monthly message counts and quota consumption.

9.2 Data Usage

We use collected data to:

• Deliver and improve the Service.
• Process and track message delivery.
• Enforce quotas and billing.
• Provide analytics and reporting.
• Debug and resolve technical issues.
• Comply with legal obligations.

9.3 Data Sharing

• Message content and recipient data are transmitted to our integration partner (Rasti by Rastova) and Meta's WhatsApp Business Platform for delivery.
• We do not sell your data or your customers' data to third parties.
• We may disclose data if required by law or to protect our rights.

9.4 Data Retention

Message logs and campaign data are retained for as long as your account is active and for a reasonable period thereafter for legal and business purposes. You may request data deletion by contacting us.

9.5 Your Responsibilities

You are responsible for:

• Complying with all applicable data protection and privacy laws (e.g., GDPR, CCPA).
• Obtaining proper consent from recipients before sending WhatsApp messages.
• Providing your customers with accurate privacy disclosures about how their data is used.
• Honoring opt-out and unsubscribe requests.

10. Acceptable Use

10.1 You Agree To

• Use the Service only for lawful business purposes.
• Comply with Meta's WhatsApp Business Policy, Commerce Policy, and Business Messaging Guidelines.
• Send messages only to recipients who have opted in to receive WhatsApp communications from your business.
• Ensure all message content is truthful, non-deceptive, and compliant with applicable laws.

10.2 You Agree Not To

• Send spam, unsolicited messages, or messages to recipients without proper consent.
• Use the Service for illegal, fraudulent, or deceptive purposes.
• Send messages containing prohibited content including but not limited to: hate speech, harassment, threats, violence, illegal substances, adult content, or malware.
• Attempt to circumvent quota limits, rate limits, or other technical restrictions.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Resell, sublicense, or redistribute the Service without our written consent.
• Impersonate another person or business in your messages.
• Interfere with or disrupt the Service or its infrastructure.

10.3 Enforcement

Violation of these acceptable use policies may result in:

• Temporary or permanent suspension of your account.
• Reduction or revocation of messaging quotas.
• Termination of the Service without refund.
• Reporting to relevant authorities if required by law.

11. Webhooks and Delivery

11.1 Delivery Status

The Service tracks message delivery through webhook notifications. Delivery statuses include: sent, delivered, read, and failed. We provide this information on a best-effort basis and do not guarantee delivery of messages.

11.2 Message Failures

Messages may fail due to:

• Invalid or unreachable phone numbers.
• Recipient has blocked your business.
• Template rejected or paused by Meta.
• Quota exhaustion.
• Network or platform outages.

We are not liable for undelivered messages regardless of the cause.

12. Quality and Rate Limits

12.1 Meta Quality Rating

Meta assigns a quality rating to your WhatsApp Business phone number based on recipient feedback. Low quality ratings may result in Meta restricting your messaging capabilities, which is outside our control.

12.2 Messaging Tiers

Your WhatsApp Business Account is subject to Meta's messaging tier system, which limits the number of unique customers you can message within a 24-hour period. These limits are imposed by Meta, not by us.

13. Intellectual Property

• The Service, including its design, code, and documentation, is our intellectual property.
• Your message content, templates, and business data remain your property.
• You grant us a limited license to use your content solely for the purpose of providing the Service.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• Message delivery will be guaranteed or timely.
• The Service will meet all of your requirements.
• Meta will approve your templates or maintain your quality rating.

15. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from or related to your use of the Service.

Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless Rastova and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including privacy rights.
• Your message content or business practices.
• Any claim by a recipient of your messages.

17. Termination

17.1 By You

You may stop using the Service at any time by uninstalling the Shopify application. Uninstalling does not automatically delete your stored data; contact us to request data deletion.

17.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms.
• Violation of Meta's policies resulting in restrictions on your WABA.
• Non-payment of subscription fees.
• Extended inactivity.

17.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked.
• Pending messages and scheduled campaigns will be cancelled.
• Your data will be retained for a reasonable period and then deleted.
• No refunds will be issued for unused quota or prepaid subscription periods, unless required by law.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Shopify application or via email. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Rastova operates, without regard to conflict of law principles.

20. Contact

For questions, concerns, or requests related to these Terms, please contact us at:

• Email: info@rastova.com
• Website: https://rastova.com

21. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Shopify terms, constitute the entire agreement between you and Rastova regarding the Service.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.