WaSparks Social

WaSparks Social — Terms of Service

Last updated:

Effective date:

These Terms govern the use of WaSparks Social — the API, the web application and related services (the "Services") — provided by Wasparks, Inc., Malviya Nagar, Jaipur, India ("WaSparks", "we", "us"). By creating an organisation, obtaining an API key, or using the Services, you ("Customer", "you") agree to these Terms. If you accept on behalf of a company, you confirm you have authority to bind it. Our WhatsApp products are governed by the separate terms at wasparks.com/terms-of-service.

1. The Services

WaSparks Social lets you connect social media accounts you control (Facebook Pages, Instagram professional accounts, LinkedIn Pages and profiles) and publish content, read and reply to comments, and read and reply to messages on those accounts, through our application or through our API. Features vary by platform and by plan.

2. Accounts, organisations and keys

You are responsible for the accuracy of your account information, for everyone who uses the Services under your organisation, and for keeping API keys and sign-in credentials confidential. API keys are issued to an organisation and must not be shared outside it. Tell us at once if you believe a key or credential has been compromised.

3. Partners

Where you obtain the Services through a partner (a reseller who embeds WaSparks Social in its own product), your contract, pricing and support are with that partner. The partner cannot see or act on your content through WaSparks; WaSparks provides the partner only usage counts and account metadata for billing. These Terms still apply to your use of the Services.

4. Connected platforms

You may connect only accounts you own or are authorised to manage. You must comply with the terms and policies of each platform, including the Meta Platform Terms, the Facebook Pages Terms, the Instagram Platform Policy, the Messenger Platform Policies (including the messaging window rules) and the LinkedIn User Agreement and API Terms of Use. Platforms may change, limit or withdraw access at any time; WaSparks is not responsible for actions a platform takes against your accounts. WaSparks is not affiliated with, endorsed by or sponsored by Meta Platforms, Inc. or LinkedIn Corporation.

5. Acceptable use

You must not use the Services to:

We may suspend or remove content or access that we reasonably believe breaches this section or a platform's policies.

6. Your content

You retain all rights to the content you publish through the Services. You grant WaSparks a licence to store, process and transmit that content solely to provide the Services. You are responsible for your content and for having the rights to publish it.

7. Fees

Fees are set out in your plan or, for partners, in your partner agreement, and are based on usage (for example, published posts per connected account, received and sent messages and comments, and API calls). Fees are exclusive of taxes. Overdue amounts may lead to suspension after notice.

8. Availability and support

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance will be announced where practical. Support is provided by email at hello@wasparks.com or, for partner customers, by the partner.

9. Data and privacy

Our Privacy Policy at social.wasparks.com/privacy describes how we handle personal information. For content and personal data of the people who interact with your pages, you are the controller and WaSparks acts on your instructions as a processor; where a partner is involved, the partner is your processor and WaSparks is its sub-processor.

10. Intellectual property

The Services, including the API, applications, documentation and trademarks, are owned by WaSparks or its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms. You must not copy, modify, reverse engineer or create derivative works of the Services.

11. Disclaimers

The Services are provided "as is" and "as available". To the fullest extent permitted by law, WaSparks disclaims all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that content will be delivered to or displayed by any platform, or that a platform will not restrict your accounts.

12. Limitation of liability

To the fullest extent permitted by law, WaSparks is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. WaSparks' total liability for any claim arising out of the Services is limited to the fees you paid to WaSparks for the Services in the twelve months before the claim.

13. Indemnity

You will indemnify WaSparks against claims arising from your content, your use of the Services in breach of these Terms, or your breach of a platform's terms.

14. Suspension and termination

You may close your organisation at any time. We may suspend or terminate access for breach of these Terms, for non-payment, where required by law or a platform, or on 30 days' notice for convenience. On termination we disconnect your accounts and delete their access tokens; other data is handled as described in the Privacy Policy.

15. Changes

We may update the Services and these Terms. Material changes will be notified at least 14 days in advance by email or in the application. Continued use after the effective date constitutes acceptance.

16. Governing law

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. The courts of Jaipur, Rajasthan have exclusive jurisdiction over any dispute arising out of these Terms or the Services.

17. Contact

Wasparks, Inc., Malviya Nagar, Jaipur, Rajasthan, India · hello@wasparks.com