LEGAL / TERMS

Terms of Service

Effective date: 27/09/2026

Last updated: 27/09/2026

These Terms of Service ("Terms") govern your access to and use of Nexus WhatsApp Gateway (the "Platform"), operated by Zamvi Technologies Limited ("we," "us," "the Company"). By creating an account, you agree to these Terms. If you do not agree, do not use the Platform.

1. What the Platform Does

Nexus WhatsApp Gateway provides a dashboard and API for managing opted-in contacts, templates, campaigns, WhatsApp and SMS messages, delivery events, and connected-application webhooks. Both billing tiers use the same WhatsApp connection process. You connect a WhatsApp Business Account (WABA) owned by your business through Meta Embedded Signup. In self-managed accounts, an owner or admin may also enter existing Meta credentials. We do not create, own, or hold a WABA on a customer's behalf.

Self-managed and platform-managed describe how you pay our platform fees; they do not change who owns the WABA. Your business must control its Meta Business Portfolio and comply with Meta's terms. We are not Meta, WhatsApp, Africa's Talking, Paystack, or an operator of those services. Their availability, decisions, terms, and charges are outside our control.

2. Your Account

• You must provide accurate information when registering and keep it up to date.
• You must keep your login credentials, one-time API key, and any connected-app API keys confidential. Dashboard access is provided through a session cookie; API access uses an API key. You are responsible for actions taken using credentials issued to your account.
• You are responsible for all activity that occurs under your API key. Keep it confidential as you would a password. If you believe it has been compromised, regenerate it immediately from Settings; the previous key stops working the moment you do.
• You must be legally authorized to act on behalf of the business you register.
• You must give us accurate information requested for account setup or a platform-managed billing application and promptly correct it if it changes.

3. Acceptable Use

You may use the Platform to send messages to recipients who have given you genuine, verifiable consent to receive them, for legitimate business purposes, including transactional messages, order and appointment updates, account notifications, customer support, and marketing to customers who have opted in.

You may not use the Platform to:

• Send messages to any recipient who has not given you consent to be contacted, including purchased, scraped, or third-party contact lists.
• Send unsolicited bulk marketing, spam, chain messages, or content designed to deceive or defraud recipients.
• Continue messaging a recipient after they have opted out, including via "STOP," "UNSUBSCRIBE," or similar requests. The Platform automatically records supported inbound opt-out keywords and blocks sends when the contact is not recorded as opted in. You remain responsible for honoring every opt-out, including one the software does not recognize.
• Send content that is unlawful, harassing, defamatory, obscene, or that infringes on the rights of others.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Platform in any way that violates Meta's WhatsApp Business Messaging Policy, WhatsApp Business Solution Provider terms, or Africa's Talking's acceptable use terms, as amended from time to time.
• Attempt to circumvent, probe, or interfere with the Platform's rate limiting, compliance checks, or security controls.

You are responsible for the content, recipients, timing, and legal basis of your messages. WhatsApp free-form messages are subject to Meta's customer-service-window rules; outside the applicable window, an approved template may be required. The Platform applies its own consent and sending checks, but those checks do not guarantee that a message complies with law or a provider's rules.

Enforcement: we may restrict, suspend, or terminate access where reasonably necessary to address violations, suspected fraud or abuse, security risks, non-payment, provider requirements, or legal obligations. Because your business connects its own WABA, action taken by Meta against that WABA may affect your WhatsApp service independently of our Platform.

4. Your Compliance Responsibilities

If you use the Platform to message your own customers, you are the party responsible for having a lawful basis and genuine consent to contact them, and for the accuracy of any consent records you provide to us, including the opt-in source you record.

The Platform blocks outbound sends unless the contact is recorded as opted in. An inbound message does not automatically create that consent record. You are responsible for maintaining evidence of consent, handling data-subject requests from your contacts, and complying with data protection, consumer protection, marketing, and anti-spam laws where you and your recipients are located. We do not independently verify that consent is genuine.

You authorize us to process contact details, message content, media, consent records, and delivery information as needed to provide the service, and to send those data to Meta, Africa's Talking, and the external applications you connect. You are responsible for the instructions and destinations you configure, including ensuring that your connected applications may receive and use the data.

5. Billing and Payment

• Platform-managed accounts use a prepaid KES wallet for the Platform's WhatsApp service fees at the applicable category rates shown in the dashboard or otherwise communicated to you. The Platform may reserve wallet funds when a WhatsApp send is queued and capture or release the hold as delivery results arrive. Sends may be blocked when available balance is insufficient. Rates may change with reasonable notice where practicable.
• Self-managed accounts may be charged a separate Zamvi platform subscription fee, using card or M-Pesa, when self-managed billing is enabled and as shown in your dashboard. This subscription pays Zamvi, not Meta.
• SMS: SMS is routed through Africa's Talking. The current application does not deduct SMS sends from the in-app wallet. Any SMS pricing or charges outside the wallet must be separately disclosed or agreed; a displayed reference rate alone does not mean an SMS wallet debit occurred.
• Meta charges are separate. Meta bills WhatsApp delivery to the payment method on your business's WABA; your Zamvi wallet, M-Pesa payment, or subscription does not pay Meta. Meta currently provides 1,000 free service message replies per WhatsApp number each month without a payment method. To send template messages or exceed that allowance, add an eligible payment method directly in Meta Business Suite under Billing & Payments. Meta controls eligibility, pricing, payment acceptance, and any changes to this allowance. Meta has announced that from October 1, 2026, WABAs without a payment method on file lose free-tier delivery beyond the 1,000 allowance.
• Payments to Zamvi are processed by Paystack. The Platform may receive a Paystack authorization code from you and forwards it to Paystack to initiate a charge or subscription; the Platform does not store full card numbers or M-Pesa PINs. We retain transaction references, amounts, statuses, and related billing records.
• Consumed fees are generally non-refundable. Refund requests for unused wallet balance will be considered individually, subject to applicable law and any processing fees already incurred.
• You are responsible for any taxes applicable to your use of the Platform.

6. Service Availability

Messages are queued for processing and depend on our infrastructure and third-party services. Queuing does not guarantee delivery. We aim to keep the Platform available, but we do not guarantee uninterrupted or error-free service and do not currently offer a service-level uptime guarantee. We may suspend service for maintenance, security, provider, or legal reasons and may modify or discontinue features with reasonable notice where practicable.

We are not responsible for outages, delays, or failures caused by Meta, WhatsApp, Africa's Talking, Paystack, or other third-party services we depend on.

7. Suspension and Termination

We may suspend or terminate your account, with or without notice depending on severity, if:

• You violate Section 3 (Acceptable Use) or Section 4 (Compliance Responsibilities).
• Your account poses a security risk to the Platform or other users.
• Required to do so by Meta, WhatsApp, Africa's Talking, Paystack, or applicable law.
• You fail to pay amounts owed under a self-managed subscription.

You may stop using the Platform and request account closure by contacting us using the details below. The application does not currently provide a self-service business-account deletion control. Closure and deletion requests are subject to verification, outstanding payment obligations, technical limitations, and records we must or may retain for legal, accounting, security, or dispute-resolution purposes. Sections of these Terms that by their nature should survive termination, including Sections 8–12, will continue to apply.

8. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. For personal data about your contacts and message recipients, you generally determine why and how that data is used; we process it to provide the Platform on your instructions. You must provide any notices and obtain any permissions required for that processing.

9. Intellectual Property

We retain all rights, title, and interest in the Platform itself, including its software, design, and branding. You retain your rights in content and data you provide, including templates, contacts, campaign content, and messages. You grant us a limited right to host, transmit, transform, and otherwise process those materials as necessary to provide, secure, and support the Platform and as described in the Privacy Policy.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that messages sent through the Platform will be delivered, read, or accepted by Meta, WhatsApp, or any recipient's device or network, as delivery depends on third-party systems outside our control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

Our total liability to you for any claim arising from these Terms will not exceed the amount you paid to us in the three (3) months preceding the event giving rise to the claim.

We are specifically not liable for actions taken by Meta against your WhatsApp Business Account, including bans, restrictions, or quality rating changes; changes to third-party pricing or policies; or losses arising from your own failure to obtain proper consent from your recipients.

12. Indemnification

You agree to indemnify and hold the Company harmless from any claims, damages, losses, or expenses, including reasonable legal fees, arising from your violation of these Terms, your violation of applicable law, or your messaging of recipients without proper consent.

13. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of Kenya, unless otherwise required by law.

14. Changes to These Terms

We may update these Terms from time to time. We will update the "Last updated" date above and, for material changes, make reasonable efforts to notify active accounts. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

Email: [email protected]
WhatsApp: +254718131239
Address: Nairobi, Kenya