WhatsApp Beta Terms

These WhatsApp Beta Terms are between Community.com, Inc. (“Community”) and Customer, and form a part of, and are incorporated into, the Community Customer Terms (the “Agreement”) between Community and Customer. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. As condition precedent to Customer’s use of any WhatsApp services offered by Community as a Beta Feature (the “WhatsApp Beta”), Customer agrees as follows:  

1. Scope

     1.1.  Beta Features are provided for testing purposes only, and Community does not promise to provide Beta Features in any future versions of the Service. Notwithstanding any provision of the Agreement to the contrary, all Beta Features are provided “AS IS” without representations or warranty of any kind, and use of any Beta Feature is at Customer’s sole risk. The foregoing includes any warranty that the Services will be uninterrupted or error free and expressly disclaims any warranty for issues related to Provider Network availability. “Provider Network” means the software, hardware, and physical infrastructure that reside outside of Community’s data centers and are used to send Messages to mobile telephones or devices and receive Messages from mobile telephones or devices.

     1.2.  As part of the WhatsApp Beta, Community will enable a global mobile messaging service for enterprise business communications that allows Customer to connect Leader Meta business account(s) and WhatsApp business account(s) to the Leader’s Community account so that the Leader can exchange communications with Community Members via WhatsApp.  Reference to Meta means Meta Platforms, Inc.and its affiliates. Meta owns Facebook, Instagram, and WhatsApp, among other products and services.

     1.3.  Customer and its Leaders understand and agree that:

          1.3.1.  In order to enable this feature, the applicable Leader must have both a Meta business account and a WhatsApp business account that are in good standing.

          1.3.2.  The Community WhatsApp Beta functionality may be enabled via an integration with Providers without your prior written approval.  “Provider(s)” means the specific third party communications service provider to which Community has commercial connectivity, either directly or indirectly, for purposes of providing the WhatsApp to Customer.

          1.3.3.  Messaging using the WhatsApp Beta may be subject to rate limiting and account throughput will be determined by Providers, including Meta, per their terms and policies.

          1.3.4.  Where Customer obtains consent outside of the Community’s Services, Customer shall ensure that, prior to providing any direct Message to any individual, Customer has obtained verifiable informed affirmative election from each such individual to engage in communications and to collect personal information, in accordance with applicable laws. Customer must maintain a record of each such affirmative election for a period of six (6)years, and where Customer obtains consent using Community’s Services, Customer understands Community may maintain records of such affirmative elections for a period of six (6) years.

2. Billing

Customer will pay Community in U.S. dollars the services fees specified in an Order Form for use of the WhatsApp Beta, provided that is expressly understood and agreed that: Provider Fees are those amounts charged to Community by Providers for access and use of their respective networks.  Community, in turn, charges Provider Fees to Customer.  Providers may periodically change their fees with or without notice.  Community will use its best efforts to provide notice of a change to the Provider Fees.  Nevertheless, Customer is responsible to pay all Provider Fees, regardless of whether notice of a change occurred.

3. Liability‍

Community is solely a facilitator of message traffic and has no control or responsibility over the Messages or CustomerData, nor is Community responsible or liable with respect to the Content of anyMessage.  Customer is solely responsible and liable for damages caused by and arising from (a) Customer’s breach of any obligation under the Agreement, including those related to Applicable Laws; or(b) Customer’s Content or solicited Content from its Members; or (c) any act or omission of Community resulting from, or in reliance upon, false, incorrect, or incomplete information or instructions from Customer.

4. Additional Provider Terms and Disclaimers

     4.1.  Users of our WhatsApp service integration are subject to the following terms required by WhatsApp LLC and its affiliates:Customer and the company or business that Customer’s is authorized to represent agrees to the WhatsApp Business Terms of Service and all other applicable terms, policies, and documentation by using Community’s WhatsApp integration, including but not limited to any apps, software, features, services, and APIs.

     4.2.  Users of our WhatsApp service integration are subject to the following terms required by Community’s service provider InfoBip:  

          4.2.1.  You shall ensure that you, your affiliates, and authorized users, comply with applicable laws, including all privacy laws, for (a) each country where you, your authorized users, and your affiliates are located or (b) a mobile phone number receiving a Message is registered for an account.  

          4.2.2.  You understand and agree that you are solely responsible for any and all liability (i) arising out of or relating to yourContent and (ii) for ensuring ensure that your Content shall not contain information which is unsolicited, obscene, libelous, spam, offensive, threatening or abusive or which otherwise is of criminal or unethical nature according to applicable laws.  For purposes of clarity “Content” means delivered information associated with aMessage or the Services, including text, audio, video, graphics, animation, image(s), artwork and other electronic or digital information, including embedded executables.

          4.2.3.  In addition, you will comply with Infobip’s SUP, which is available at https://www.infobip.com/policies/service-use-policy.  Infobip reserves the right to modify the SUP from time to time.  Community will provide notice of such update upon its notification from Infobip.  Customer will have until three (3) business days before the effective date of such change to provide a written objection to such change or if five (5) business days after receipt of notice if advance notice of the change has not been provided by Infobip. If you provide a written objection to a proposed modification to the SUP, Community reserves the right to consider such written objection as a notice to terminate the Agreement.

          4.2.4.  You will indemnify, defend and hold harmless Infobip and its affiliates from and against but not limited to any third party loss, liability, claims, demands, or causes of action whether formally commenced or provided in the form of a notice or demand to Infobip, caused by and arising from your breach of any obligations outlined in this section.

     4.3.  Customer acknowledges that: (i) neither WhatsAppLLC, Infobip, nor their affiliates are liable for any fault in connection with the WhatsApp Beta or any harm that may result from Customer’s installation or use of a private application developed by Community in connection therewith; and (ii) except where expressly stated by WhatsApp LLC and/or Infobip cannot provide assistance with the installation or use of such application.

5. Termination  

‍Community may terminate these terms (a)with at least five (5) days’ prior written notice to Customer (email sufficing)in the event that it elects to discontinue the WhatsApp Beta, and (b) effective immediately if Customer is in breach of the terms or if Community’s agreement with Infobip and/or WhatsApp relating to Community’s access to and use of any APIs necessary to provide the WhatsApp Beta is terminated for any reason. Upon termination, Community may disable the WhatsAppBeta for Customer, and Customer will as soon as reasonably practicable (and in any event within 48 hours) update Customer’s WhatsApp business account and/or any of its marketing materials including reference to its Community WhatsApp number to remove connections and references to Community.

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