WhatsApp Platform Terms & Conditions

Last updated: February 09, 2026

1. Definitions

In these Terms and Conditions ("Agreement"), unless the context indicates otherwise:

  • "Platform" means the WhatsApp messaging software platform provided by the Service Provider.
  • "Service Provider" means Baobab Web Services (Pty) Ltd, registration number 2016 / 351677 / 07, providing access to the Platform.
  • "Customer" means the legal entity subscribing to and using the Platform.
  • "WhatsApp" means WhatsApp LLC and/or Meta Platforms, Inc.
  • "Cloud API" means the WhatsApp Cloud API provided by Meta.

2. Nature of the Service

2.1 The Service Provider offers access to a software platform that integrates with the WhatsApp Cloud API.

2.2 The Service Provider is not affiliated with, endorsed by, or acting on behalf of WhatsApp or Meta Platforms, Inc.

2.3 The Customer acknowledges that the delivery, availability, classification, and approval of messages are controlled solely by WhatsApp.

3. Term and Cancellation

3.1 This Agreement is concluded on a month-to-month basis, commencing on the date the Customer first uses the Platform.

3.2 Either party may terminate this Agreement by providing written notice.

3.3 The Customer must provide notice of cancellation at least two (2) business days prior to the commencement of the next billing period, by email to support@bwscloud.tech.

3.4 Failure to provide timely notice will result in the Customer being billed for the subsequent billing period.

4. Customer Obligations

4.1 The Customer warrants that it is a legitimate business entity and is authorised to use the Platform.

4.2 The Customer shall comply with all applicable laws, including but not limited to the Protection of Personal Information Act, 2013 (POPIA).

4.3 The Customer shall comply with all WhatsApp Business Messaging Policies and Commerce Policies, as amended from time to time.

5. Consent and Opt-In

5.1 The Customer is solely responsible for obtaining lawful, explicit, and verifiable consent from message recipients.

5.2 The Service Provider bears no responsibility for disputes, complaints, or claims arising from the Customer's messaging activities.

6. Prohibited Use

The Customer may not use the Platform for:

  • Unsolicited messaging or spam
  • Fraudulent, misleading, or unlawful activities
  • Adult, abusive, or discriminatory content
  • Circumventing WhatsApp enforcement mechanisms

7. Templates and Messaging

7.1 All message templates are subject to approval by WhatsApp.

7.2 The Service Provider does not guarantee approval, delivery, or classification of templates.

8. Fees and Billing

8.1 Fees are payable monthly in advance unless otherwise agreed.

8.2 WhatsApp conversation fees are determined by Meta and may change without notice.

8.3 Non-payment may result in suspension or termination of the Platform.

9. Data Protection

9.1 The Customer is the Responsible Party and the Service Provider is the Operator as defined in POPIA.

9.2 The Service Provider shall implement reasonable technical and organisational safeguards.

10. Suspension and Termination

10.1 The Service Provider may suspend or terminate access immediately in the event of:

  • Breach of this Agreement
  • Non-payment
  • Enforcement action by WhatsApp

11. Limitation of Liability

11.1 The Service Provider shall not be liable for indirect, consequential, or economic losses.

11.2 Liability is limited to the fees paid by the Customer in the three (3) months preceding the claim.

12. Indemnity

The Customer indemnifies the Service Provider against all claims arising from:

  • Unlawful messaging
  • Breach of WhatsApp policies
  • Regulatory non-compliance

13. Changes to Terms and Conditions

13.1 The Service Provider reserves the right to amend, update, or replace these Terms and Conditions from time to time.

13.2 Any such changes shall become effective upon publication on the Service Provider's website or upon written notification to the Customer.

13.3 The Customer's continued use of the Platform after such changes have taken effect shall constitute acceptance of the revised Terms and Conditions.

14. Governing Law

This Agreement shall be governed by the laws of the Republic of South Africa.