Skip to content
WhatIsUp.dev

Terms of Service

Last updated: 2026-05-04. Pre-launch draft — reviewing the final text with counsel before flipping to index, follow.

The short version

You can use WhatIsUp.dev to push messages through your own WhatsApp account via our REST API and webhook delivery. You own your data. You pay the listed price. You don’t use the service for spam, harassment, or anything Meta’s WhatsApp terms forbid. Either side can end the contract with reasonable notice. We owe you uptime and security best-efforts; you owe us payment and lawful use.

The full terms below spell out the rest.

1. Acceptance

By creating an account, scanning a QR code, or sending a request to the API with one of our credentials, you accept these Terms. If you don’t accept them, don’t use the service.

If you accept on behalf of a company, you confirm that you have authority to do so. References to “you” mean both you personally and that company.

2. The service

We provide a developer-facing gateway that lets you send and receive messages on your own WhatsApp account through a REST API + signed webhooks. The infrastructure relies on Meta’s WhatsApp protocol; your use of WhatsApp through us is also governed by Meta’s WhatsApp Terms of Service. We are not affiliated with or endorsed by Meta or WhatsApp Inc.

The service is provided “as is” with the limitations and disclaimers in section 11.

3. Your account

  • You authenticate with Firebase (email, Google, or GitHub).
  • You are responsible for keeping your sign-in provider secure. We will never ask you for your password.
  • API keys are your responsibility once issued. Treat them like passwords. We will never read them back to you after issuance.
  • One person, one account. Don’t share credentials. If your team needs multiple seats, that’s on the roadmap; email us in the meantime.

4. Acceptable use

You agree NOT to use the service to:

  • Send spam, unsolicited bulk messages, or anything Meta’s WhatsApp policies forbid.
  • Harass, threaten, defraud, or impersonate others.
  • Distribute malware, phishing links, or content that violates law.
  • Send to people who have not opted in. WhatsApp’s policies require explicit opt-in for business messaging; we expect the same.
  • Reverse-engineer, scrape, or attempt to extract our source code or signing secrets.
  • Run capacity tests against the API beyond your plan’s rate limits without telling us first.

We may suspend or terminate your account if we believe you are violating these rules, with or without notice depending on severity. We will tell you why and give you a path to dispute.

5. Your content

You retain all rights to the messages, media, and metadata you push through the service. You grant us a non-exclusive, worldwide license to host, process, transmit, and store that content as strictly necessary to operate the service for you. We do not use your message content to train AI models or improve unrelated services. We do not sell or share your content with marketers.

You are responsible for the legality of the content you send. If a recipient or a law enforcement agency raises an issue, we will cooperate with lawful requests and notify you unless prohibited from doing so.

6. Payment + billing

  • Plans and prices are listed at our pricing page.
  • New accounts get a seven-day trial covering Pro-tier limits. After the trial, your plan auto-gates — the API stops accepting outbound writes — until you pick a paid plan. Reads continue to work.
  • Payments are processed by Stripe. We never see your card number.
  • Subscriptions auto-renew monthly until you cancel. Cancel any time from the dashboard. Cancellation takes effect at the end of the current billing period; we do not pro-rate refunds for unused time, except where required by law.
  • Prices are quoted in USD. Brazilian customers may be billed in BRL through Stripe’s local processing; the conversion rate is Stripe’s, applied at charge time.
  • Past-due accounts are gated after a fourteen-day grace period. Hard-deleted only after a further sixty days.

7. Service-level commitments

We aim for 99.9% monthly availability of the API and webhook delivery surface. We measure from a third-party uptime probe; the public status page reports our rolling thirty-day number. We don’t currently offer a contractual SLA with credits; if you need one, email us about an enterprise agreement.

Maintenance windows are pre-announced when planned; emergency maintenance can happen at any time and is communicated through the status page.

8. Termination

You can terminate your account at any time from the dashboard or by emailing us.

We can terminate your account for material breach of these Terms (notably acceptable use, non-payment after the grace period, or fraud). For non-payment we provide fourteen days’ written notice. For acceptable-use violations the suspension can be immediate; we explain why and give you a path to appeal.

On termination we cascade-delete your account data within seven days, with the retention exceptions documented in the Privacy Policy (audit log, customer-deletion record, billing records).

9. Intellectual property

We own the service: code, branding, design, documentation, and the public marketing site. You receive a non-exclusive, non-transferable, revocable license to use it while your account is in good standing.

Customer content (your messages, channels, webhook payloads) belongs to you. The point of paragraph 5 above is that nothing here changes that.

10. Privacy

Our collection and processing of personal data is governed by the Privacy Policy, which forms part of these Terms.

11. Disclaimers

The service is provided “AS IS” and “AS AVAILABLE.” Without excluding any rights that consumer-protection laws give you that cannot be excluded:

  • We do not warrant that the service will be uninterrupted, error-free, or fit for any specific purpose.
  • We are not Meta. Decisions Meta makes about your WhatsApp account (account bans, policy enforcement, protocol changes) are outside our control. We will do our best to surface them when we can.
  • We do not guarantee deliverability of any individual message. Networks fail. Recipients block. Phones run out of battery.
  • We are not responsible for content you send or receive through the service. That is between you and the recipient.

12. Limitation of liability

To the maximum extent permitted by law, our aggregate liability to you for any claim arising out of or relating to the service is limited to the greater of: (a) the amount you paid us in the twelve months immediately preceding the claim; or (b) USD 100.

Neither party is liable for indirect, consequential, incidental, special, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility.

Brazilian consumer-protection law (CDC) and California consumer law contain rights that cannot be excluded. Where those rights apply, this section is read as if it said “to the extent permitted by law.”

13. Indemnity

You will indemnify and hold us harmless against any third-party claim arising out of your content, your use of the service, or your violation of these Terms or applicable law. If we receive such a claim, we will tell you and let you control the defense; we may participate at our own expense.

14. Governing law + dispute resolution

These Terms are governed by the laws of the Federative Republic of Brazil if you are domiciled in Brazil, and by the laws of the State of California, USA, otherwise — in each case without regard to conflict-of-laws principles.

Disputes are first addressed through good-faith negotiation between us and you. If that fails:

  • Brazil-domiciled customers: exclusive venue in the courts of São Paulo, SP, Brazil. Consumer-relationship cases follow Article 101 of the CDC (consumer’s domicile).
  • Other customers: exclusive venue in the state and federal courts of San Francisco County, California.
  • We both waive the right to a jury trial where applicable, but not the right to a judge.

15. Changes to these terms

We may update these Terms when the service evolves. Material changes are emailed to registered customers and posted here at least fourteen days before they take effect. Continued use of the service after the effective date counts as acceptance. If you object, terminate the account before the effective date and the old terms govern up to that moment.

16. Miscellaneous

  • Entire agreement: these Terms + the Privacy Policy + your plan order page are the entire agreement. They supersede any prior conversation.
  • Severability: if any clause is unenforceable, the rest stays in effect.
  • Assignment: we can assign these Terms to a successor entity (e.g. acquisition); you can’t assign without our written consent.
  • Waiver: a one-time leniency from us is not a waiver of future enforcement.
  • Force majeure: neither party is liable for delays caused by events outside reasonable control (war, natural disaster, third-party outage).

Contact

Legal questions: legal@whatisup.dev. Day-to-day: hello@whatisup.dev.

← Back home