whatconnector Terms of Service

DRAFT. A lawyer qualified in Chile must review this before it goes into production. Text in [BRACKETS] is a placeholder.

Last updated: [DATE]

1. Who we are

These Terms of Service (the "Terms") govern your use of whatconnector, available at https://whatconnector.tech and its subdomains (the "Service"). The Service is provided by [LEGAL NAME OF OPERATOR], Chilean tax ID (RUT) [RUT], with its address at [ADDRESS, COMMUNE, CITY], Chile ("whatconnector", "we", "us"). Contact: [CONTACT EMAIL].

By creating an account, starting a trial or paying for a plan, you accept these Terms, the Privacy Policy and the Acceptable Use Policy. If you do not agree, do not use the Service. You must be at least 18 years old and legally able to enter into contracts.

2. What the Service is

whatconnector connects your own personal WhatsApp account to artificial intelligence agents ("AI Agents") that you choose and configure, through MCP (Model Context Protocol) and a REST API. The Service:

• links your WhatsApp account as a linked device using an unofficial third-party software library;
• stores the messages (and, depending on your plan, media files) of the chats you authorize, for your plan's retention period;
• lets you set per-chat read and/or write permissions for each AI Agent.

3. No affiliation with WhatsApp or Meta

whatconnector is an independent project. It is not affiliated with, associated with, authorized by, endorsed by or officially connected to WhatsApp LLC, Meta Platforms, Inc. or any of their affiliates. "WhatsApp" and "Meta" are trademarks of their respective owners and are mentioned only to describe compatibility.

4. Unofficial method and ban risk (please read carefully)

4.1. The Service does not use the official WhatsApp Business API. It connects through an unofficial method that emulates a linked device.

4.2. WhatsApp's Terms of Service restrict the use of unauthorized software. WhatsApp or Meta may temporarily or permanently suspend, limit or ban your phone number or account because you use the Service, because of what your AI Agents do, or for any other reason within their sole control.

4.3. You use the Service at your own risk and expressly accept the risk that your WhatsApp account may be banned or suspended, and that you may lose access to your chats, contacts or history. whatconnector cannot prevent, reverse or appeal any such ban and is not responsible for it.

4.4. We recommend that you do not connect a number you critically depend on (for example, for work or personal safety) and that you keep your own backups.

5. No availability guarantee

5.1. We do not guarantee that the Service or the connection to WhatsApp will be available, will work continuously, or will remain possible in the future. WhatsApp may change its protocol, its terms or its detection systems at any time, which may make the Service partially or fully inoperable, temporarily or permanently.

5.2. The Service is provided "as is" and "as available", with no service level agreement (SLA), no guarantee of message delivery and no guarantee of compatibility with third-party AI Agents. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

6. What you pay for: infrastructure and retention

6.1. Prices cover only infrastructure (servers, storage, bandwidth, backups) and your plan's data retention period. You are not paying for "access to WhatsApp", which we do not sell and cannot guarantee.

6.2. Current plans (in USD; taxes depend on your country):

6.3. Reseller / Merchant of Record. Payments may be processed by [PAYMENT PROCESSOR / MERCHANT OF RECORD NAME], which acts as the reseller and merchant of record. That provider calculates and collects any applicable taxes and issues your receipt, and its own terms also apply to the transaction.

6.4. Subscriptions renew automatically at the end of each period until you cancel. You can cancel at any time from your dashboard or the payment provider's portal. Cancellation takes effect at the end of the paid period.

6.5. Refunds. Unless applicable law requires otherwise, periods that have already started are non-refundable, because infrastructure and storage are reserved and used during that period. If your WhatsApp account is banned, or the Service stops working for reasons outside our control, you can cancel to avoid future charges. We may grant pro-rata refunds at our discretion. [LAWYER TO REVIEW: Chilean right of withdrawal (art. 3 bis(b), Law 19,496) and EU/UK consumer withdrawal rights.]

6.6. We may change prices with at least [30] days' notice by email. The change applies from your next renewal, and you may cancel before then if you disagree.

7. Retention and automatic deletion

7.1. Messages and files are automatically deleted when your plan's retention period expires. Deletion runs continuously: data older than the retention period is erased in periodic cycles of up to [24 hours].

7.2. If you downgrade, data beyond the new retention period is deleted in the next deletion cycle.

7.3. If you cancel or your account ends, your data is deleted within [30] days. Encrypted backups are deleted within a further [30] days.

7.4. The Service is not a backup system. Do not rely on it as your only copy of any information.

8. Your account and your responsibilities

8.1. You are responsible for keeping your credentials, API tokens and MCP keys confidential, and for all activity carried out with them.

8.2. Consent of your contacts. Your chats contain personal data of third parties. You alone are responsible for having a lawful basis and, where required, the consent of your contacts for the Service to store their messages and for the AI Agents you connect to process them.

8.3. Responsibility for your AI Agents. You alone are responsible for everything your AI Agents read, generate and send from your account, as if you had sent it yourself. Set write permissions carefully and supervise your agents. AI Agents and their providers (for example, language model providers) are third parties. By connecting them, you choose to share the data of authorized chats with them, under their own terms and policies.

8.4. You must comply with the Acceptable Use Policy. Spam, mass messaging, harassment, fraud and impersonation, among other things, are prohibited.

8.5. You may only connect WhatsApp numbers that you own or are authorized to use.

9. Suspension and termination

We may suspend or terminate your account, with or without notice, if you breach these Terms or the Acceptable Use Policy, if the law or one of our providers (payments or infrastructure) requires it, or if your use puts the Service or third parties at risk. We may also discontinue the Service entirely with at least [30] days' notice, unless an external cause (such as a change by WhatsApp) prevents it. In that case, we will notify you as soon as possible.

10. Intellectual property

We own, or use under license, the software, the "whatconnector" brand and the documentation. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Service while your account is active. Your data remains yours: we process it only to provide the Service, as described in the Privacy Policy.

11. Limitation of liability

11.1. To the maximum extent permitted by applicable law, whatconnector will not be liable for:

• (a) bans, suspensions or restrictions of your WhatsApp account or number;
• (b) WhatsApp outages, interruptions or changes;
• (c) the content, acts or omissions of your AI Agents or third-party AI providers;
• (d) messages that are undelivered, duplicated or sent in error;
• (e) loss of data after it has been deleted according to the retention period;
• (f) lost profits, lost opportunities, reputational harm, or any indirect or consequential damages.

11.2. To the maximum extent permitted by law, our total liability for any claim related to the Service is limited to the amount you paid for the Service in the 3 months before the event giving rise to the claim.

11.3. Nothing in these Terms limits any non-waivable rights you have under applicable law, including, if you are a consumer in Chile, Law 19,496 on Consumer Protection, or under the mandatory consumer laws of your country of residence. Nothing limits liability for fraud (dolo) or gross negligence.

12. Indemnity

You agree to indemnify whatconnector against third-party claims (including from your contacts, Meta/WhatsApp or authorities) arising from your use of the Service, from messages sent by you or your AI Agents, or from your breach of these Terms or the law. [LAWYER TO REVIEW: scope with respect to consumers.]

13. Changes to these Terms

We may change these Terms. We will give at least [15] days' notice of material changes by email or in the dashboard. If you keep using the Service after that date, you accept the changes. If you disagree, you may cancel.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Chile. Any dispute will be submitted to the ordinary courts of [CITY], Chile. This does not affect any right you have as a consumer to bring proceedings where you live or before SERNAC or the Local Police Courts under Law 19,496, or the mandatory consumer-protection rules of your country of residence. [LAWYER TO REVIEW.]

15. General

If any provision is held invalid, the remaining provisions stay in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent. We may assign them in a reorganization, for example by transferring the Service to a company (SpA) controlled by the same owner. These Terms are also published in Spanish. If the versions conflict, the Spanish version prevails.

16. Contact

[LEGAL NAME] · RUT [RUT] · [ADDRESS] · [CONTACT EMAIL]