Terms of Service

These Terms of Service (‘Terms’) govern your access to and use of the Hadal Cloud websites, dashboard, APIs, and related services (the ‘Services’) provided by Hadal Cloud (‘Hadal’, ‘we’, ‘us’). By creating an account or using the Services, you agree to these Terms. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation.

1. The Services

Hadal provides a multi-tenant platform that lets businesses connect their own messaging accounts (such as a WhatsApp Business Account) and communicate with their own customers. Hadal does not provide the underlying messaging network and is not responsible for the availability or policies of third-party providers such as Meta.

2. Accounts and eligibility

You must provide accurate information, keep your credentials secure, and are responsible for all activity under your account. You must be a business or an individual acting for business purposes, and at least 18 years old. You are responsible for your team members’ use of the Services.

3. Your responsibilities and acceptable use

You are solely responsible for the messages you send and the audiences you message. You agree to comply with all applicable laws and with the policies of the channels you use, including the WhatsApp Business Messaging Policy, the WhatsApp Business and Commerce Policies, and Meta’s Platform Terms. In particular, you must:

• Obtain valid opt-in consent before messaging a person, and keep records of it.
• Honour opt-out requests promptly and stop messaging people who opt out.
• Send only lawful, accurate, and non-deceptive content from a clear sender identity.
• Not send spam or unsolicited bulk messages, or engage in prohibited use.

Your use must also comply with our Acceptable Use Policy, which is incorporated into these Terms.

4. Third-party services

The Services interoperate with third-party platforms that you connect, including the WhatsApp Business Platform. You are responsible for maintaining your own accounts with those providers, for complying with their terms, and for any fees they charge (for example, Meta’s conversation or messaging charges). We are not liable for the acts or omissions of third-party providers.

5. Fees

Some features are offered on paid plans. Fees, billing cycles, and taxes will be described at the point of purchase. Unless stated otherwise, fees are non-refundable. We may change pricing prospectively with reasonable notice.

6. Data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor, you are the controller and are responsible for having a lawful basis to message your customers. A Data Processing Addendum is available on request.

7. Intellectual property

We and our licensors own all rights in the Services, including the software, design, and brand. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain ownership of your content and data; you grant us the rights needed to operate the Services on your behalf.

8. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Services and use it only to perform under these Terms.

9. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access if you breach these Terms or the Acceptable Use Policy, if required by a third-party provider or by law, or to protect the Services or other users. Upon termination, your right to use the Services ends and we will make your data available for export for a limited period before deletion as described in our Data Deletion instructions.

10. Disclaimers

The Services are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, to the maximum extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or that messages will be delivered by third-party networks.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our aggregate liability arising out of or relating to the Services will not exceed the amounts you paid to us for the Services in the twelve months before the event giving rise to the claim.

12. Indemnification

You will indemnify and hold us harmless from claims arising out of your content, your messaging activity, or your breach of these Terms or applicable law.

13. Governing law

These Terms are governed by the laws of Kenya, without regard to conflict-of-laws rules. The courts of Nairobi, Kenya have jurisdiction, subject to any mandatory rights you have under local law.

14. Changes

We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, provide additional notice. Continued use of the Services after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms: support@hadalcloud.com.