Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Prime Connect Ltd provider console and related APIs, integrations, and websites (collectively, the "Service"). The Service is offered by Prime Connect Ltd ("we", "us", "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Prime Connect Ltd is a Meta Business Solution Provider that enables business customers ("you" or the "Customer") to onboard, configure, and operate WhatsApp Business Accounts on the Meta WhatsApp Business Platform. In the client-owned model, the Customer retains ownership of its WhatsApp Business Account and the underlying Meta assets, and Prime Connect Ltd acts as the technology provider with delegated access. In the provider-managed model, Prime Connect Ltd owns or controls the Meta WABA/API asset and manages setup, billing, compliance operations, and offboarding under a separate agreement, while the Customer remains responsible for its brand, content, end-customer relationship, and consent records.

2. Eligibility and accounts

• You must be a legally registered business and at least 18 years old (or the age of majority in your jurisdiction).
• You must provide accurate, current, and complete account information and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• You must hold all rights, consents, and authorizations needed to connect any Meta Business Portfolio, WhatsApp Business Account, or phone number you bring into the Service.

3. Compliance with Meta policies

Your use of the Service is also subject to the Meta policies listed below. You agree to comply with each of them at all times. In the event of any conflict between these Terms and a Meta policy, the Meta policy controls with respect to the relevant Meta or WhatsApp asset.

• Meta Terms of Service
• Meta Platform Terms
• Meta Developer Policies
• WhatsApp Business Solution Terms
• WhatsApp Business Messaging Policy
• WhatsApp Commerce Policy

4. Acceptable use

You agree not to, and not to allow any third party to:

• Send messages without the recipient's prior opt-in or other lawful basis, or after a recipient has opted out.
• Send spam, scams, deceptive messages, or content prohibited by the WhatsApp Business Messaging Policy.
• Use Business Solution Data (including phone numbers, message content, and metadata) to build, append to, edit, or augment user profiles, or to power surveillance, ad targeting, scoring, or eligibility decisions.
• Share, transfer, sell, license, or distribute Business Solution Data to any third party, except to authorized service providers acting on your behalf and bound by equivalent restrictions.
• Sell or attempt to sell goods or services prohibited by the WhatsApp Commerce Policy.
• Use the Service to violate any applicable law, including telecommunications, consumer protection, privacy, anti-spam, sanctions, and export-control laws.
• Reverse engineer, decompile, or otherwise attempt to extract source code, except to the extent permitted by mandatory law.
• Interfere with, disrupt, or place an unreasonable load on the Service, attempt to bypass rate limits or access controls, or scan or probe for vulnerabilities without our written permission.
• Use the Service primarily to offer, deliver, or make available generative AI technologies in a way that conflicts with the WhatsApp Business Solution Terms.

5. Customer responsibilities for end users

You are the controller of the personal data of the end users you message. You agree to:

• Maintain your own privacy policy describing your data practices.
• Obtain and document end-user consent as required by applicable law and the WhatsApp Business Messaging Policy.
• Honor opt-out and deletion requests promptly and instruct us to do the same on the underlying data we process on your behalf.
• Comply with all consumer-protection, marketing, and messaging laws in the jurisdictions where your end users reside.

6. Customer content and license

You retain all rights to the content, templates, and data you submit through the Service ("Customer Content"). You grant Prime Connect Ltd a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Content solely as needed to provide and improve the Service and as instructed by you. You represent that you have all rights necessary to grant this license.

7. Fees and billing

Fees, billing intervals, and payment terms are described in your order form, written agreement, or pricing page. WhatsApp conversation charges and Meta platform fees are passed through and may be separately invoiced. All fees are non-refundable except as required by law or expressly agreed in writing. We may change pricing on at least 30 days' written notice.

8. Suspension and termination

We may suspend or terminate your access to the Service immediately if you materially breach these Terms, if Meta requires us to do so, if your activity poses a security or compliance risk, or if you fail to pay fees when due. You may stop using the Service at any time by removing Prime Connect Ltd from your Meta Business Settings or by contacting us. On termination, your right to access the Service ends and we will delete or return your data in accordance with our Privacy Policy.

9. Confidentiality

Each party will protect the other's confidential information using at least the same care it uses for its own confidential information of like importance, and in no event less than reasonable care, and will use the other party's confidential information only to perform under these Terms.

10. Warranties and disclaimers

Except as expressly stated in a written agreement, the Service is provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Prime Connect Ltd disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. Prime Connect Ltd does not warrant that the Service will be uninterrupted, error-free, or that any specific message will be delivered.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages. Each party's aggregate liability arising out of or relating to these Terms will not exceed the fees you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to a party's breach of confidentiality, infringement of the other party's intellectual property rights, or indemnification obligations.

12. Indemnification

You will defend, indemnify, and hold harmless Prime Connect Ltd and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your or your end users' use of the Service, (b) Customer Content, (c) your violation of these Terms or any Meta or WhatsApp policy, or (d) your violation of any third-party right or applicable law.

13. Changes to the Service and these Terms

We may modify the Service or these Terms from time to time. Material changes to these Terms will be communicated through the console or by email at least 14 days before they take effect, except where a shorter period is necessary to address a security risk or a change required by Meta or by law. Continued use of the Service after changes take effect constitutes acceptance.

14. Governing law and disputes

These Terms are governed by the laws of England and Wales, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of England and Wales, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Miscellaneous

These Terms, together with any order form or written agreement signed by the parties and our Privacy Policy, constitute the entire agreement between you and Prime Connect Ltd with respect to the Service and supersede all prior agreements on that subject. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; Prime Connect Ltd may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices to Prime Connect Ltd must be sent to legal@primeconnect.co.uk.

16. Contact

Questions about these Terms: legal@primeconnect.co.uk.