Terms of Service

1. Acceptance of Terms

By accessing or using BulkWA ("the Service"), operated by BulkWA ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and BulkWA. We may update these Terms from time to time, and your continued use of the Service after such changes constitutes acceptance.

2. Description of Service

BulkWA is a web-based platform that allows users to send bulk WhatsApp messages using their own WhatsApp account. The Service provides tools for contact management (CSV/Excel/Google Sheets import), message personalization with dynamic variables, campaign scheduling, delivery tracking, reply management, and analytics. The Service connects to WhatsApp via unofficial WhatsApp Web protocols using the open-source Baileys library, not via the official WhatsApp Business API.

3. Account Registration and Responsibilities

You must create an account to use BulkWA. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account
• Not create multiple accounts to circumvent plan limits or bans
• Not share your account credentials with third parties

You must be at least 18 years of age to create an account and use the Service.

4. WhatsApp Compliance and Ban Risk

You are solely responsible for ensuring that your use of BulkWA complies with WhatsApp's Terms of Service. BulkWA does not endorse or encourage the violation of WhatsApp's terms. The platform enforces minimum delays between messages and provides tools to help reduce ban risk, but compliance with WhatsApp's policies is your sole responsibility. You acknowledge that:

• Sending bulk messages through unofficial channels may violate WhatsApp's Terms of Service
• WhatsApp may ban, restrict, or permanently disable your WhatsApp account at any time without notice
• BulkWA has no control over WhatsApp's enforcement decisions and cannot appeal bans on your behalf
• BulkWA is not liable for any damages, losses, or consequences resulting from WhatsApp account bans
• You should use a dedicated phone number for bulk messaging, not your primary personal number

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Send spam or unsolicited messages to people who have not opted in to receive communications from you
• Send messages containing illegal, harmful, threatening, abusive, defamatory, or offensive content
• Use the Service to harass, stalk, threaten, or intimidate others
• Send phishing messages, malware, or any form of fraudulent content
• Attempt to circumvent anti-ban protections, rate limits, or message limits
• Use the Service to violate any applicable local, national, or international laws or regulations
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Collect, harvest, or scrape phone numbers or personal data from public sources for unsolicited messaging
• Reverse-engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service
• Resell, sublicense, or redistribute the Service or access to the Service without written authorization

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

6. Subscription Plans and Billing

BulkWA offers free and paid subscription plans. Paid plans are billed monthly or annually through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis at the applicable rate for your chosen plan.

• Prices are displayed in your local currency where supported, or in USD
• All fees are exclusive of applicable taxes unless otherwise stated
• We reserve the right to change pricing with 30 days' advance notice
• Each plan includes a monthly message allowance that resets on your billing cycle date
• Exceeding your message limit will prevent further sends until the counter resets or you upgrade
• Free plan: 50 messages per month. Basic plan: 1,000 messages per month. Pro plan: unlimited messages

7. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You will not be charged for subsequent billing periods after cancellation
• No prorated refunds are provided for partial billing periods
• Your data will be retained for 30 days after your subscription ends, after which it may be deleted
• You can reactivate your subscription at any time by subscribing to a new plan

Refunds are not provided for WhatsApp account bans or restrictions, as these are outside our control. In exceptional circumstances, refund requests may be considered on a case-by-case basis at our sole discretion. Contact asher023@gmail.com for refund inquiries.

8. Intellectual Property

The Service, including its original content, features, design, and functionality, is owned by BulkWA and is protected by applicable copyright, trademark, and other intellectual property laws. You retain ownership of all content you upload to the Service, including contact lists, message templates, and media files. By using the Service, you grant us a limited, non-exclusive license to use your content solely for the purpose of providing and improving the Service. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULKWA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL BULKWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• WhatsApp account bans, restrictions, or loss of access
• Loss of messages, contacts, or data
• Business interruption or loss of profits
• Loss of reputation or goodwill
• Any damages arising from unauthorized access to your account
• Any damages resulting from third-party actions or services

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

10. Indemnification

You agree to indemnify, defend, and hold harmless BulkWA and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights including WhatsApp's Terms of Service, or (d) any content you send through the Service.

11. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if you:

• Violate these Terms or the Acceptable Use Policy
• Engage in abusive, fraudulent, or illegal behavior
• Use the Service in a way that negatively impacts other users or our infrastructure
• Fail to pay applicable subscription fees
• Create multiple accounts to circumvent restrictions

Upon termination, your right to use the Service ceases immediately. We may delete your data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including Limitation of Liability, Indemnification, and Governing Law.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiation. If a dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through the competent courts of Israel. You agree to submit to the personal jurisdiction of such courts.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a prominent notice within the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15. Contact Us

If you have questions about these Terms, contact us at: