Legal

Terms of Service

Last Updated: October 3, 2026

1. Introduction

Welcome to Whappy. These Terms of Service ("Terms") govern your access to and use of the Whappy application and services (collectively, the "Service") provided by Whappy Inc. ("Whappy," "Company," "we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Company Information

Whappy Inc.
A Delaware corporation
2045 Connecticut Ln
Sewickley, PA 15143
United States
EIN: 35-2899311

Email: team@whappy.ai

2.1 Prior Terms and Continuity of Service

These Terms supersede and replace, in their entirety, any prior terms of service governing the Service, including any terms previously published under the name "Whappie" or offered by laxi.ai OÜ. Whappy Inc. is the sole provider of, and sole contracting party for, the Service. Accounts and subscriptions created under any prior terms continue under these Terms with Whappy Inc. as your counterparty, effective as of the "Last Updated" date above.

3. Definitions

  • Account: Your registration with the Service.
  • Content: Any information, data, text, software, sound, photographs, graphics, videos, messages, or other materials that users upload, post, or otherwise transmit through the Service.
  • User: An individual who accesses or uses the Service on behalf of a Subscriber.
  • Subscriber: The business or professional entity that contracts for the Service and is responsible for payment.
  • Subscription: A recurring payment plan that grants access to the Service.
  • Free Plan: The plan described in Section 5.2 under which the Service is provided at no charge, within its usage limits.
  • Billing Period: The recurring interval (for example, monthly or annual) for which Subscription fees are charged in advance.
  • WhatsApp Business API: The application programming interface provided by Meta that allows businesses to communicate with their customers on WhatsApp.

4. Account Registration and Eligibility

4.1 Account Creation

To use the Service, you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep that information accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the credentials you use to access the Service and for all activity under your Account. You must notify us promptly at team@whappy.ai of any unauthorized use.

4.3 Business Use Only

The Service is offered exclusively to businesses, sole traders, and professionals acting in the course of their trade, business, craft, or profession, and not to consumers. By registering, you represent and warrant that you are at least 18 years old, that you are acting for purposes relating to your trade or profession, and that you have authority to bind the Subscriber on whose behalf you register. The Service is not intended for personal, family, or household use.

4.4 Authority and Responsibility

The Subscriber is responsible for all use of the Service under its Account, including use by its Users, and for ensuring that its Users comply with these Terms.

5. Subscriptions, Free Plan, Billing, and Refunds

ALL FEES ARE NON-REFUNDABLE. We do not offer refunds, credits, or pro-rata reimbursements for partial Billing Periods, unused time, unused message volume, downgrades, or Accounts that are cancelled, suspended, or terminated. The Free Plan in Section 5.2 exists precisely so that you can evaluate the Service before you are charged. Please use it.

5.1 Subscription Plans

We offer several Subscription plans. The features, usage limits, and prices of each plan are described on our pricing page and in the checkout flow at the time of purchase.

5.2 Free Plan

Every new Account starts on the Free Plan. The following apply to the Free Plan:

  • It is provided at no charge, with no payment method required and no end date.
  • It is subject to the usage limits described on our pricing page (a number of new contacts the Service talks to per month). When a limit is reached, the Service stores new contacts but starts no further conversations until the limit resets or the Account upgrades.
  • The Free Plan never converts automatically into a paid Subscription. A paid Subscription starts only when you purchase one in the checkout flow, where its price and Billing Period are disclosed before you provide your payment method, and it is charged from that moment.
  • When a paid Subscription ends, the Account returns to the Free Plan.
  • We may change the limits of the Free Plan on notice, as described in Section 14.

5.3 Automatic Renewal — Your Express Consent

Subscriptions renew automatically. By purchasing a Subscription, you expressly authorize us (and our payment processor) to charge your payment method, on a recurring basis and without further authorization from you, the then-current plan price at the start of each Billing Period, until you cancel. The amount, currency, and renewal frequency applicable to your plan are disclosed in the checkout flow before you complete your purchase and are available at any time in your account settings. You may cancel at any time, as described in Section 5.6.

5.4 Payment Terms

Subscription fees are charged in advance for each Billing Period. All fees are non-refundable and all charges are final, except only as expressly provided in Section 5.7 or as required by applicable law that cannot be excluded by agreement. Fees are payable in full regardless of your actual usage of the Service: not using the Service, using less of it than you expected, or forgetting to cancel does not entitle you to a refund or credit. You are responsible for keeping a valid payment method on file. If a charge fails, we may suspend the Service until payment is resolved.

5.5 Taxes

Prices are exclusive of taxes unless stated otherwise. You are responsible for all sales, use, VAT, GST, and similar taxes applicable to your purchase, excluding taxes on our net income. If you are required to withhold any tax, you will gross up the payment so that we receive the full amount invoiced. Where you provide a valid VAT identification number, the reverse-charge mechanism may apply.

5.6 Cancellation

You may cancel your Subscription at any time, through your account settings, using a process no more burdensome than the one used to subscribe. You may also cancel by emailing team@whappy.ai. Cancellation takes effect at the end of your current Billing Period: you retain access to the Service for the remainder of the period you have already paid for, and you will not be charged again. Cancelling does not trigger a refund of any kind. You are not entitled to a refund or pro-rata credit for the unused portion of the current Billing Period, and this applies equally to monthly and annual plans: cancelling an annual plan in month two does not refund the remaining ten months. Your cancellation stops future charges; it does not reverse past ones.

5.7 No Refunds

Whappy operates a no-refund policy. All sales are final. By subscribing you acknowledge that you have had the opportunity to evaluate the Service on the Free Plan and that you are purchasing on a non-refundable basis.

Without limiting the foregoing, no refund or credit is available for: unused time or unused message volume; partial Billing Periods; the unexpired remainder of an annual plan; failure to cancel before a renewal; dissatisfaction with results, conversion rates, or the content of AI-generated messages; downgrades; suspension or termination of your Account for breach of these Terms; or interruptions, restrictions, throttling, quality-rating changes, or bans imposed by Meta or WhatsApp (see Section 6.2).

The only exceptions, which exist because they are not truly refunds of amounts properly owed, are:

  • (a) Billing error. If we charged you an amount you did not owe — a duplicate charge, a charge after an effective cancellation, or a charge for a plan you did not purchase — we will correct it. This is the reversal of a mistaken charge, not a refund of a fee.
  • (b) Unremedied material non-conformity. If the Service materially fails to perform as described in our documentation, you must notify us in writing at team@whappy.ai with enough detail for us to reproduce the failure. We will then have thirty (30) days to remedy it, at our option by correcting the Service or by issuing a service credit toward future Billing Periods. A service credit is our preferred and primary remedy. Only if we fail to remedy the failure within that period may you terminate your Subscription and receive a pro-rata refund of prepaid fees for the unused remainder of the then-current Billing Period only. This is your sole and exclusive remedy for such a failure, and in no event will any amount refunded under this paragraph exceed the fees you paid for the then-current Billing Period.

Any refund or credit we grant outside of (a) and (b) is made at our sole and absolute discretion, as a goodwill gesture only. It does not waive, amend, or limit these Terms, creates no obligation or precedent of any kind, and gives no other Subscriber — and you, on any future occasion — any entitlement to the same treatment.

5.8 Price Changes

We may change Subscription prices. We will give you at least thirty (30) days' notice before a price change takes effect for your Account, by email or in-product notice. The new price applies from your next Billing Period after the notice period. If you do not accept the new price, you may cancel under Section 5.6 before it takes effect.

5.9 Chargebacks

If you dispute a charge with your card issuer without first contacting us at team@whappy.ai to resolve the issue, we may suspend or terminate your Account pending resolution. We encourage you to contact us first — most disputes are resolved faster directly.

6. WhatsApp Integration

6.1 WhatsApp Business API

To use the WhatsApp integration features of the Service, you must have a valid WhatsApp Business API account. You are responsible for complying with Meta's terms of service and policies when using WhatsApp through the Service.

6.2 Message Limitations and Third-Party Dependencies

The Service is subject to WhatsApp's messaging limitations, including message templates, opt-in requirements, quality ratings, and rate limits. We do not control these and are not responsible for any restriction, throttling, quality-rating change, or suspension imposed by Meta or WhatsApp, including any resulting interruption of the Service.

6.3 Message Timing

The Service is designed to generate and send replies asynchronously. Reply delivery is not instantaneous: message processing incorporates deliberate delays and batching intended to produce natural conversational pacing, and end-to-end delivery time varies. We make no commitment to any specific reply latency unless expressly agreed in writing.

6.4 Content Guidelines

You agree not to use the Service to send messages that violate WhatsApp's content policies, including spam, phishing, harassment, or illegal content.

6.5 Recipient Consent

You are solely responsible for obtaining and maintaining all consents, opt-ins, and permissions required to message the recipients you contact through the Service, and for honoring opt-out requests, under applicable law (including the TCPA, GDPR, ePrivacy, and equivalent regimes) and under Meta's policies. You represent that you have a lawful basis for every contact you upload to the Service.

7. Acceptable Use

7.1 Compliance with Laws

You agree to use the Service in compliance with all applicable laws, regulations, and third-party rights.

7.2 Prohibited Activities

You agree not to:

  • Use the Service for any illegal purpose
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Send unsolicited communications (spam)
  • Impersonate any person or entity
  • Interfere with the proper functioning of the Service
  • Attempt to gain unauthorized access to the Service
  • Use the Service to collect or harvest personal information unlawfully
  • Use the Service to transmit malware or other harmful code
  • Engage in any activity that could disable, overburden, or impair the Service

7.3 Content Restrictions

You agree not to create, upload, or share Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
  • Infringes on intellectual property rights
  • Contains software viruses or any other harmful computer code
  • Constitutes unauthorized advertising or promotional materials
  • Is misleading or deceptive

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Whappy Inc. and its licensors. The Service is protected by copyright, trademark, and other laws.

8.2 Your Content

You retain all rights to your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, use, reproduce, modify, adapt, and transmit your Content solely as necessary to provide, secure, and improve the Service for you.

8.3 Feedback

If you provide us with feedback about the Service, you grant us the right to use that feedback without restriction and without compensation to you.

8.4 Personal Data You Process with the Service

When you use the Service to process personal data of your contacts and customers, including data from a store you connect, Whappy Inc. processes it on your behalf under the Data Processing Addendum, which forms part of these Terms.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. THE SERVICE USES AUTOMATED SYSTEMS AND LARGE LANGUAGE MODELS; OUTPUTS MAY BE INACCURATE OR INAPPROPRIATE, AND YOU ARE RESPONSIBLE FOR REVIEWING AND SUPERVISING THE MESSAGES SENT ON YOUR BEHALF.

9.2 Limitation of Liability

IN NO EVENT SHALL WHAPPY INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.3 Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS (US$100) OR (B) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Whappy Inc. and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) any claim arising from messages sent through the Service to recipients from whom you did not obtain the required consent.

11. Third-Party Services

The Service may contain links to, or integrate with, third-party websites or services that are not owned or controlled by Whappy Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Whappy Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services.

12. Termination

12.1 Termination by You

You may terminate these Terms by cancelling your Subscription under Section 5.6 and closing your Account.

12.2 Termination by Us

We may terminate or suspend your Account and access to the Service, with notice where practicable, if you breach these Terms, if your use creates a legal or security risk to us or to others, or if required by law or by Meta. Where we terminate for convenience and you are not in breach, we will refund prepaid fees for the unused remainder of the then-current Billing Period.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4 Data After Termination

You may export your data before termination. We may delete your Content after termination in accordance with our Privacy Policy and our retention schedule.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

13.2 Venue

You and Whappy Inc. agree that the state and federal courts located in the State of Delaware shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.

13.3 Informal Resolution First

Before filing a claim, you agree to contact us at team@whappy.ai and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

13.4 Class Action Waiver

To the fullest extent permitted by law, any claim must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

13.5 Mandatory Local Law

Nothing in this Section or in these Terms excludes, restricts, or modifies any right or remedy that cannot be excluded, restricted, or modified under laws that apply to you and cannot be derogated from by agreement. Where such mandatory law applies, it prevails over any conflicting provision of these Terms, and the remainder of these Terms continues in effect.

14. Changes to These Terms

We may modify these Terms. For material changes, we will provide at least thirty (30) days' notice by email or in-product notice before they take effect, and will update the "Last Updated" date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not accept them, you may cancel under Section 5.6 before they take effect.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whappy Inc. regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

17. Contact Us

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

Whappy Inc.
2045 Connecticut Ln
Sewickley, PA 15143
United States

Email: team@whappy.ai