Terms of Service
Plain-English note:
These Terms apply to business customers using NovaX’s messaging automation services. If you do not agree, do not use the Services.
1) Definitions
- “Services” means NovaX’s software, website, dashboards, APIs, and related support that help businesses manage messaging channels.
- “Customer” means the business or individual acting on behalf of a business that signs up for the Services.
- “End Users” means the Customer’s clients/contacts who communicate with the Customer through WhatsApp/Instagram.
- “Meta Platforms” means services and policies of WhatsApp, Instagram, Messenger, and related developer platforms.
2) Eligibility and accounts
You must be legally able to enter into a binding contract and you must provide accurate registration information. You are responsible for all activity under your account and for keeping credentials secure.
3) Acceptable use and Meta policy compliance (critical)
You agree to use the Services in compliance with all applicable laws and all Meta platform rules. In particular, for WhatsApp Business messaging, you may only message an End User if they have provided their phone number and you have obtained opt-in permission. You must honor opt-out requests immediately and you must not spam or mislead people.
Your obligations regarding phone numbers
- You will collect phone numbers and opt-in permission lawfully and keep proof (source, timestamp, method).
- You will not buy, rent, scrape, or otherwise obtain phone numbers without consent.
- You will maintain a suppression list and ensure opted-out users are not re-messaged.
4) Restricted / prohibited use cases
You must not use the Services for prohibited content or categories restricted by Meta/WhatsApp policies. Meta policies list certain regulated verticals that may be prohibited or limited (for example: multi‑level marketing, payday loans, and real/virtual/fake currency including ICOs). You are responsible for confirming your eligibility and ensuring your content is allowed.
5) Human escalation
If you use automation, you must offer clear escalation paths to a human agent and support options (such as email, phone, or web support).
6) Fees, trials, and billing
Fees (if any) are described in your order form or pricing page. Taxes may apply. We may suspend access for non-payment.
7) Data processing
Customers control which End User data they upload or connect. We process End User data to provide the Services and as described in our Privacy Policy. Where required, we can provide a Data Processing Addendum (DPA) for business customers.
8) Intellectual property
NovaX retains all rights to the Services, software, and documentation. Customers retain rights to their own content. You may not reverse engineer, resell, or misuse the Services.
9) Disclaimers
The Services are provided “as is” and “as available.” We do not guarantee uninterrupted operation, template approvals, or platform access from Meta. Meta can change policies and technical limits at any time.
10) Limitation of liability
To the maximum extent permitted by law, NovaX will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
11) Termination
You may stop using the Services at any time. We may suspend or terminate access for policy violations, non-payment, or security risk.
12) Governing law
These Terms are governed by the laws of [British Columbia, Canada], without regard to conflict of laws principles. Courts located in [Vancouver, BC] will have exclusive jurisdiction, unless applicable law requires otherwise.
13) Contact
Email: support@novaxinc.com