Terms of Service

1. The Service and Meta Platform Dependency

1.1. Description of Service

The Service enables you to manage customer interactions on the Meta Platform. This includes, but is not limited to, using Meta's "Coexistence" embedded sign-up process, managing existing or new phone numbers, setting up inbound automated responses (flows), and sending outbound messages using pre-approved templates.

1.2. Meta Platform Dependency (Universal Risk)

You acknowledge and agree that the Service relies entirely on the continued availability, functionality, and policies of the Meta Platform, provided by Meta Platforms, Inc.

• No Guarantee: We do not guarantee the continued availability of the Meta Platform or any features within the Service.
• Meta's Actions: We are not responsible and bear no liability for any action taken by Meta Platforms, Inc., including, but not limited to, the rejection of Message Templates, the temporary or permanent suspension/blocking of your WhatsApp phone number, or the revocation of your access to the WhatsApp Business Platform.

2. Merchant Obligations and Compliance

2.1. Compliance with Policies and Laws

You are solely responsible for your use of the Service, the content of all messages, and ensuring compliance with all applicable laws and policies in the jurisdictions where you operate (including, but not limited to, Singapore and India).

• Meta Policies: You must strictly comply with all Meta policies, including the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy.
• Legal Compliance: You must comply with all applicable laws, including consumer protection, anti-spam, and privacy regulations in all relevant jurisdictions.

2.2. Acceptable Use Policy (AUP)

You agree to and are bound by our Acceptable Use Policy (AUP), which is incorporated into these Terms. The AUP strictly prohibits:

• Sending spam or unsolicited messages.
• Sending content that violates Meta's policies (e.g., prohibited commerce).
• Any unlawful, abusive, or harmful activity.

A violation of the AUP is a material breach of these Terms and will result in immediate suspension or termination of your account without refund.

3. Data Processing and Privacy

3.1. Roles of the Parties

With respect to the personal data of your customers ("End-Users") that is processed through the Service:

• You are the Data Controller (or equivalent, such as "Organisation" under PDPA). You determine the purposes and means of processing End-User data.
• The Ant Method is the Data Processor (or "Data Intermediary" under PDPA). We process the data only on your instructions to provide the Service.

3.2. Merchant Data Responsibility (Consent)

You represent and warrant that you have obtained all necessary, explicit, and provable consents (Opt-ins) from your End-Users to:

• Receive messages from you on WhatsApp.
• Allow the collection and storage of their Personal Data (name, phone number, and conversation history) by The Ant Method on your behalf.

3.3. Data Storage and Security

You acknowledge that End-User data (including PII) is stored in our AWS RDS database for the purposes of providing the Service. We will maintain reasonable and appropriate technical and organizational measures to ensure the security of this data.

3.4. Data Processing Addendum (DPA)

The processing of all End-User Personal Data is governed by our Data Processing Addendum (DPA), which is incorporated by reference. The DPA details our security commitments and our respective duties under Singapore's PDPA and India's DPDP Act.

4. Fees, Payment, and Termination

4.1. Subscription Fees

You agree to pay the subscription fees defined in your service order or on our pricing page. All fees are payable in advance and are non-refundable.

4.2. Termination

We may suspend or terminate your account immediately if:

• You breach these Terms, the AUP, or the DPA.
• We are instructed by Meta to do so due to a policy violation.

5. Disclaimers and Limitation of Liability

5.1. "AS-IS" Service (Downtime Risk Defense)

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be error-free, uninterrupted, or that all errors will be corrected.

5.2. Indemnification

You agree to defend, indemnify, and hold harmless The Ant Method, its affiliates, directors, and employees from and against any and all claims, damages, liabilities, losses, costs, and expenses (including legal fees) arising from:

• Your violation of the AUP or any Meta Policy.
• Your failure to obtain the necessary End-User consents.
• Any breach of these Terms.

5.3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ANT METHOD'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

• THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO THE ANT METHOD IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• THIRTY SINGAPORE DOLLARS ($30.00 SGD).

We shall not be liable for any indirect, incidental, special, punitive, or consequential damages (including loss of profits, data, or business opportunity).

6. Governing Law and Dispute Resolution

6.1. Governing Law

These Terms and all disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.

6.2. Exclusive Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of the Republic of Singapore. You hereby consent to the exclusive jurisdiction and venue of such courts.