Terms of Service - MegaSend

16. Message Delivery Disclaimer & Service Limitations

Please read this notice carefully. It explains the limits of message delivery through the WhatsApp Business Platform and the extent of our responsibility as a service provider.

16.1 Scope and Acknowledgment

This Message Delivery Disclaimer ("Disclaimer") supplements our Terms of Service and Privacy Policy and applies to every message, template, broadcast, campaign, flow, automation, chatbot, webhook, or API call sent or initiated through the MegaSend platform ("Service"), operated by Weblix Global Technologies LLC ("Weblix", "we", "us"). By creating an account, logging in, or sending messages through the Service, you ("Customer", "you") acknowledge that you have read, understood, and accepted every term in this Disclaimer.

If you do not agree with any part of this Disclaimer, you must immediately stop using the Service. Continued use of the Service — including but not limited to sending a single message — constitutes binding acceptance of this Disclaimer.

16.2 Best-Effort Delivery — No Guarantee

Message delivery through the Service is provided on a best-effort basis only. We transmit your messages to Meta's WhatsApp Business Cloud API, which is solely responsible for the actual routing and delivery to the recipient. We do not, and cannot, guarantee that any message will be successfully delivered, delivered within a specific time window, read by the recipient, or produce any particular outcome.

16.3 Dependence on Meta, WhatsApp, and Third-Party Infrastructure

The Service operates on top of the WhatsApp Business Platform, which is owned, controlled, and operated exclusively by Meta Platforms, Inc. We have no authority over, and accept no responsibility for, any decision, limitation, outage, or policy change imposed by Meta or any of its affiliates, including but not limited to:

• Enforcement of Meta's Business Policy, Commerce Policy, Messaging Policy, or any other Meta policy against your messages, templates, or account
• Reductions to your sender quality rating and any related throughput restrictions
• Messaging tier downgrades that reduce the number of business-initiated conversations you may open in a 24-hour period
• Rejection, pausing, disabling, or deletion of message templates at any time without prior notice
• Suspension, restriction, or permanent termination of your WhatsApp Business Account, phone number, or Business Manager
• Service degradation, API outages, maintenance windows, rate limits, or technical errors on Meta's side

Decisions made by Meta are final and outside our control. Weblix is not liable for any consequences arising from Meta's actions or inactions, including lost revenue, damaged customer relationships, or regulatory consequences.

16.4 Delivery Factors Outside Our Control

Even when a message is accepted by Meta, successful delivery to the end recipient depends on many factors that are entirely outside our control. These factors include, without limitation:

• The recipient's device being powered on, functional, and connected to the internet
• The recipient being offline, in airplane mode, in a low-signal area, or roaming internationally
• The recipient having blocked your WhatsApp Business number or reported it as spam
• The recipient having uninstalled WhatsApp or deleted their WhatsApp account
• The number being invalid, disconnected, reassigned, or ported to another carrier
• The number not being registered with WhatsApp, or being registered to a different platform (e.g. a landline, VoIP line, or a country where WhatsApp is unavailable)
• The recipient's privacy settings (such as restricting messages from unknown senders) silently filtering the message
• Mobile carrier issues, SIM changes, number-porting delays, or network outages affecting the recipient
• Governmental or regional restrictions, firewalls, internet shutdowns, or WhatsApp bans in the recipient's jurisdiction
• Automatic spam detection by WhatsApp or the recipient's device that filters or hides the message

16.5 Recipient and Customer Account Actions

A message that cannot reach the recipient due to the recipient's own actions or the Customer's own account status is not a failure of the Service. Such situations include, without limitation:

• The recipient blocks, mutes, archives, or ignores the Customer's business
• Recipient spam reports that cause Meta to lower the Customer's sender quality rating
• The Customer's failure to complete or maintain Meta business verification
• Rejection of the Customer's display name, logo, or business profile by Meta
• Suspension of the Customer's account due to violation of Meta's policies, applicable law, or our Terms of Service

The Customer is solely responsible for maintaining a healthy sender reputation, compliant messaging practices, and an active, verified WhatsApp Business Account.

16.6 Delivery Status Indicators

Any delivery status displayed within the Service (such as "sent", "delivered", "read", "failed", or "pending") is derived from information reported by Meta's WhatsApp Business Cloud API. These statuses are provided for informational purposes only, may be delayed, inaccurate, or missing, and do not constitute a warranty or evidentiary proof that a message was actually received, read, understood, or acted upon by the recipient.

The recipient's WhatsApp privacy settings may also prevent "delivered" or "read" receipts from being reported back to the sender. The absence of a read receipt is not proof that a message was not read.

16.7 Billing Policy — Fees Cover Attempts, Not Outcomes

This includes, without limitation, messages that are filtered by WhatsApp, blocked by the recipient, undeliverable due to an invalid number, rejected by Meta after template disapproval, or delayed by outages.

No refunds, credits, or chargebacks will be issued for messages that failed to deliver, were not read, did not generate a response, or produced an outcome different from the Customer's expectations. All charges are non-refundable except where expressly required by applicable law.

16.8 Customer Responsibilities

You are solely and exclusively responsible for:

• Obtaining valid, documented, and revocable opt-in consent from every recipient before sending any message, as required by WhatsApp, GDPR, CCPA, CAN-SPAM, TCPA, Israel's Communications Law ("Spam Law"), and all other applicable laws and regulations
• Honoring opt-out and unsubscribe requests immediately and maintaining auditable records of consent and revocation
• Uploading accurate, up-to-date phone numbers and removing invalid, recycled, or unreachable numbers from your contact lists
• Ensuring that all message content is lawful, truthful, non-deceptive, non-infringing, and free of material that violates Meta's Commerce Policy, Business Policy, or any applicable law
• Creating, submitting, and maintaining message templates in a manner that complies with Meta's template guidelines
• Complying with the laws of every jurisdiction in which your recipients are located, including rules about marketing hours, data-protection requirements, and industry-specific restrictions (e.g. financial, medical, or political messaging)
• Monitoring your own account quality, messaging limits, and delivery metrics, and adjusting your messaging practices to avoid degradation

16.9 No Warranty — Service Provided "AS IS"

16.10 Indemnification

You agree to defend, indemnify, and hold harmless Weblix Global Technologies LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) content you send through the Service; (c) your violation of this Disclaimer, our Terms of Service, or any third-party rights; (d) your violation of any law or regulation; or (e) any complaint, claim, report, investigation, or enforcement action by a recipient, regulator, carrier, or Meta.

16.11 Acknowledgment

16.12 Liability for Claims and Fines Relating to Marketing / Spam / Communications-Law Violations

16.12.1 Sender Status

You expressly represent and acknowledge that for purposes of any applicable law — including but not limited to the Israeli Communications Law (Bezeq and Broadcasts), 5742-1982 (Section 30A, the "Israeli Spam Law"), the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the GDPR, UK GDPR, PECR, CCPA/CPRA, LGPD, PDPA, DPDP, and any equivalent law in any country in which your recipients are located — you are the "sender," the "controller" of recipient data, and the "advertiser" of marketing content. Weblix is not a sender, not a controller, and not an advertiser — Weblix is solely a technical infrastructure provider (Service Provider / Processor).

16.12.2 Customer's Full Compliance Obligation

As a material condition of your use of the Service, you undertake to comply with all applicable law, including without limitation:

• Obtaining express, documented, specific, and revocable consent from each recipient prior to sending marketing content, through verifiable means (digital form, double opt-in, recorded enrolment, etc.), and retaining such records for the period required by applicable law
• Registering any database as required by applicable law (including registration with the Database Registrar in Israel), and complying with all directives of the Registrar and applicable regulators
• Including a clear, immediate, and free-of-charge opt-out mechanism in every marketing message, and honoring every opt-out request within the time required by law (in Israel — immediately; under CAN-SPAM — within 10 business days)
• Identifying yourself in every marketing message as the advertiser, displaying name and address as required, and not concealing identity, impersonating, or presenting misleading information
• Honoring marketing-hours restrictions in the recipient's country (including Sabbath, holidays, and any local restriction)
• Not sending sensitive, misleading, illegal, or content prohibited by Meta/WhatsApp policies or applicable law (financial, pharmaceutical, gambling, political, minors, etc.) without appropriate licensing and compliance
• Using only mailing lists collected lawfully, performing ongoing list hygiene, and not using purchased, stolen, or non-consensually collected lists

16.12.3 Absolute Exclusion of Weblix Liability for Spam Claims

16.12.4 Expanded Indemnification Undertaking

16.12.5 Defense Control

In the event of such a claim or proceeding, the Weblix Parties may — but are not obligated to — elect to manage their own defense through counsel of their choosing, at your expense. You undertake to cooperate fully, to deliver any document, evidence, or information required, and not to enter into any settlement or arrangement without Weblix's prior written consent. Breach of this cooperation obligation waives any claim of negligent defense management.

16.12.6 No Vicarious Liability

It is clarified that even if it is alleged or determined by any tribunal that Weblix bears any liability, direct or vicarious, in connection with marketing or spam — such liability shall apply only after you have been fully exhausted as the sender, and in any event Weblix shall not be liable beyond the liability cap set forth in Section 10 (12 above) of this Disclaimer.

16.12.7 Survival

The indemnification, exclusion, and liability undertakings in this Section 16.12 shall survive the termination of your relationship with Weblix, the cancellation of your account, or the discontinuation of the Service, without time limit, and shall bind you, your heirs, your representatives, and your estate.

16.12.8 Informed Acknowledgment

17. Communications, Updates & Marketing

By registering and using the Service, you expressly consent to receive the following categories of communications from Weblix and MegaSend, via email, SMS, WhatsApp, in-app notifications, or any other channel you provide:

• Account and transactional messages (registration confirmations, password resets, verification codes, invoices, billing notifications, plan changes, security alerts, and expiration reminders).
• Operational and product messages: improvements, new features, platform updates, scheduled maintenance, incident notices, and changes to the Terms of Service or Privacy Policy.
• Marketing and promotional content: usage tips, case studies, offers, promotions, surveys, event invitations, and newsletters.
• Messages required by law or by Meta/WhatsApp policies.

You may opt out of marketing communications at any time by clicking the unsubscribe link at the bottom of any marketing message, by updating your communication preferences in your account, or by contacting us at [email protected]. Note: even after opting out of marketing, we will continue to send you transactional and operational messages that are essential to your use of the account.

You represent that the phone, email, and account details you provide belong to you or that you have express authorization to use them for these communications. This consent is given in accordance with Israel's Communications Law (Bezeq and Broadcasting), 5742-1982 ("Spam Law"), GDPR, CAN-SPAM, and any other applicable law.