TERMS OF USE AND CONTRACTING
Last update: 10 Desember 2024.
Please read these Terms of Use and Contracting («Terms») carefully before accessing or using the Services. By using WhatSender or registering an account, you agree to these Terms, which constitutes a contract between WhatSender and you. As a customer of the Service (as this term is defined below) or representative of an entity that is a customer of the Service, you will hold the status of user («User» or «you») in accordance with what is established in these Terms.
1. OWNERSHIP OF THE WEBSITE AND THE WHATSENDER SERVICE
- Owner: Miquel Puig Gibert(****For the purposes of these terms of use, will henceforth be referred to as «WhatSender»).
- TAXID: ES45825273G
- Registered office: Manzanarez 3, 08014 – Barcelona (Spain).
- Phone: 0034 679 762 976
- E-mail:support@what-sender.com
1.1. The website available through the domain name https://what-sender.com/ and all subdomains or sections (“Website”) are operated by WhatSender.
These Terms govern the access, browsing, and use of the Website by Users, as well as their use of the services available on the Website (such as the installation of the WhatSender extension and the enjoyment of services derived from it (“Services”)).
Some Services may be subject to specific conditions or instructions that must be accepted by the User before the provision of the corresponding Service. These specific conditions may be imposed by WhatSender or by third parties. These specific conditions will apply alongside these Terms, and in the event of a conflict, they will take precedence over these Terms. Consequently, the User declares that they have read and accepted these specific conditions.
Regarding the collection and processing of personal data, the Privacy Policy and the Cookie Policy will apply, as appropriate.
1.2. Any user accessing the Website or installing the WhatSender extension will be considered a User. If you (the User) do not agree with the content or any part of these Terms, you must leave the Website immediately or uninstall the WhatSender extension from your browser.
1.3. By accepting these Terms, the User guarantees that:
- The User is of legal age (18 years) and has read and understands the Terms.
- In the event of accessing or contracting the Service, the User has the legal capacity to do so.
- The User assumes all obligations established in these Terms.
1.4. Access and use of the Services by minors require the consent of their parents, guardians, or authorized legal representatives. These individuals will be considered responsible for the acts committed by minors under their custody. Please contact us if you wish to authorize a minor.
If the User is accessing and using the Services on behalf of a third party, such as an employer or a company, the User declares and guarantees that they have obtained the prior express authorization of such third party to contract the Services, or that they have been granted legal representation authority to contract or access the Services.
1.5. WhatSender reserves the right to modify the Services, the Website, and any aspect of these Terms at any time. Notwithstanding the foregoing, Services or requests made by the User prior to such modifications will remain valid and will be fulfilled and executed as agreed.
2. ACCESS TO THE WEBSITE AND SERVICES
2.1 Access to the Website is free of charge. However, the cost of the Internet connection used to access the Website, which is provided by the User’s service provider, may be subject to fees. Additionally, the use of certain Services offered through the Website may require payment, and the specific conditions will be detailed on the Website itself.
2.2 Access to and use of the Website and Services may require a computer or electronic device, as well as an Internet connection. Any costs related to these elements are not included in the Services described in these Terms and must be borne exclusively by the User.
2.3 To use the Services, the User may opt for the limited version by downloading the extension without registering. Alternatively, the User can access extended features by registering on our website or purchasing a subscription, using the extension, and logging into their WhatSender account through a compatible browser. (Refer to the Privacy Policy for details on the personal data to which WhatSender has access as a result of these authorizations).
2.4 WhatSender is not a service of Google Inc. These two companies, WhatSender and Google Inc., are unaffiliated and independent and do not represent each other.
2.5 The User agrees to use the Services in good faith and not to use them negligently, for fraudulent purposes, or unlawfully. Likewise, the User agrees not to engage in any conduct or actions that could harm the image, interests, or rights of the Services, other Users, or third parties.
2.6 It is the User’s responsibility to ensure, before using the Services, that the features of the Services meet their interests.
3.WEBSITE AND WHATSENDER SERVICES CODE OF CONDUCT
3.1. The User agrees to use the Website and Services in compliance with the law, morality, and public order, as well as subject to these Terms. The User shall refrain from using the Website or Services for activities or purposes that are illegal or may constitute criminal offenses, as well as from violating any applicable law. The User agrees to use the Services for:
- The authorized distribution of notifications and service alerts via WhatsApp. These Services are not intended for extensive distribution of unsolicited promotions or advertising content.
- Sending messages that comply with WhatsApp’s policies and terms of use.
3.2. The User declares and guarantees that their use of the Service will comply with all applicable laws and regulations. It is the User’s responsibility to determine whether the Service is suitable for their use under any applicable regulations, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (“GDPR”), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
Therefore, you agree, declare, and guarantee to WhatSender that:
- You will obtain and maintain explicit and verifiable consent before using our extension. This consent must include a clear description of the content and the expected frequency of notifications.
- WhatSender does not store or have access to clients’ contact databases. All information used by our services is stored exclusively in the user’s browser cache. WhatSender is not responsible for managing this information, including its deletion or compliance with applicable data protection and privacy regulations.
3.3. The User agrees to use their WhatSender account appropriately and responsibly. Any misuse, including sharing passwords, attempting to extort WhatSender, or engaging in illegal or unauthorized activities, may result in the immediate termination of the service. WhatSender reserves the right to take necessary measures to protect its platform and users, which may include suspending or canceling accounts in the event of violations of these terms.
3.4. To resolve any technical issues or matters related to service contracts, the User agrees to use the official contact methods designated by our customer support team, including email and the support form. We commit to providing personalized assistance during established service hours, adhering to previously agreed response times. WhatSender reserves the right to suspend or block accounts of users whose actions harm the company’s reputation or make defamatory statements without first resorting to the established support procedures or respecting the corresponding wait times.
3.5. The User agrees to indemnify and hold WhatSender harmless against any claims, fines, penalties, or sanctions arising from the User’s failure to comply with the aforementioned terms of use. WhatSender reserves the right to claim compensation for direct and indirect damages incurred.
4. INTELLECTUAL PROPERTY
4.1. All content hosted on the Website and the Service is protected by intellectual property rights belonging to WhatSender or its licensors, including, but not limited to, intellectual property rights over texts, photographs, graphics, images, icons, technology, software, links, and any other audiovisual or sound content, as well as its graphic design and source code. Under no circumstances shall the exploitation rights contemplated in the current intellectual property regulations for the aforementioned content be considered transferred or licensed to the User.
4.2. Trademarks, trade names, or distinctive signs of any kind displayed on the Website or in the Services are the property of WhatSender or third parties. Under no circumstances shall it be understood that the rights to the trademarks displayed on the Website or in the Services have been transferred or licensed to the User. WhatSender is a trademark owned by WhatSender.
4.3. Regarding the use of the WhatSender extension, WhatSender only grants the User a personal, worldwide, non-transferable, and non-exclusive license during the provision of the Services. Once the provision of the Services ends, regardless of the reason, the User shall immediately cease using the WhatSender extension and the Services.
4.4. The User is prohibited from copying, modifying, disassembling, performing any action to derive the source code, creating derivative works, or reverse engineering the Services.
5.TERMS AND CONDITIONS FOR CONTRACTING WHATSENDER PAID SERVICES
5.1. These general terms and conditions expressly regulate the terms applicable to the contracting processes carried out by users (“Client”) for the subscriptions offered by WhatSender through its website.
These terms will remain in effect and valid as long as they are accessible through the website, notwithstanding WhatSender’s right to modify, without prior notice, the general terms and any legal texts on the website. In any case, access to the Website after its modification, inclusion, and/or replacement implies the User’s acceptance of the same.
5.2. The Client is subject to the general terms in force at the time of contracting the corresponding service, and it will not be possible to contract any service without prior acceptance of these general terms of contracting.
5.3. On our website, you can explore and purchase a variety of products or services, as shown on each sales page.
Payment Options: To complete your purchase, you may use Visa or Mastercard. You are required to provide the following cardholder details: name, card number, expiration date, and security code (CVV).
Payment Processing: All transactions are processed through an external payment gateway, Stripe, which ensures the security and confidentiality of your data. For more information about Stripe and its security policies, visit their website. At WhatSender, we strictly adhere to the policies established by Stripe to ensure the protection of your financial data.
6. CORRECTION AND IDENTIFICATION OF ERRORS WHEN ENTERING DATA
6.1. Whenever the User fails to complete a required field, they will not be allowed to proceed with the purchase process until the field is filled in, and an alert will be displayed notifying the User of this circumstance.
6.2. The User may, at any time, modify or update their information as a Service User by accessing the “Account” section.
6.3. In the event of non-recoverable errors during the purchase process (e.g., the purchase is made for the wrong email account), the User may request correction of the error within thirty (30) days by sending a communication to support@what-sender.com.
7. PRICES AND DURATION OF THE WHATSENDER SERVICE
7.1. The prices and conditions of the different subscription plans for WhatSender Services are provided on the Website and displayed on the screen before the purchase process when selecting a subscription plan.
7.2. Value Added Tax (VAT) is included in the prices.
8. Subscription Cancellation
Users can cancel their active subscription at any time by following these steps:
- Access their user account page at https://what-sender.com/subs/account.
- Select the “Cancel Subscription” option available in their account.
If you encounter any issues during the process, you can also contact our support team. Simply send an email to support@what-sender.com, specifying your cancellation request. We will ensure your request is processed promptly and efficiently.
Please note that once canceled, you will retain access to the service until the end of the already billed period, according to the conditions of the active subscription.
9. REFUNDS
WhatSender values each customer and strives to provide a pleasant experience when using WhatSender’s products and services. Most of WhatSender’s programs offer a free trial version, allowing customers to “try before they buy.” This helps customers make an informed purchase decision and avoid buying a product that does not meet their needs.
Circumstances Where No Refund is Granted
Non-Technical Circumstances
1.) Failing to read the product description before purchasing and, therefore, being dissatisfied with the product’s functionality and/or results. It is strongly recommended that every customer read the product description and use the free trial version before making a final purchase decision.
WhatSender does not refund software purchases if the product fails to meet the customer’s needs due to their lack of understanding of the product’s features and capabilities. However, WhatSender may exchange the purchased product for the correct one directly, provided the price difference between the products does not exceed USD $20, within the warranty period. If the purchased product is exchanged for a lower-priced product, WhatSender will not refund the price difference.
2.) A refund request by the customer claiming credit card fraud or other unauthorized payments. WhatSender recommends that the customer contact their card issuer if there is any suspicion of fraud or unauthorized payment. Since WhatSender operates through an independent payment platform, it is impossible to control authorization during payment. Once an order is processed and fulfilled, it cannot be canceled.
3.) A refund request claiming the registration code or password was not received within 24 hours of placing the order. Usually, once an order is validated, the WhatSender system automatically sends a registration email within 1 hour. However, the arrival of this registration email may sometimes be delayed due to issues such as internet/system failures, spam email settings, typographical errors, etc. In such cases, customers should contact the WhatSender Support Center for recovery. Inquiries will be answered within 24 hours.
4.) Purchasing the wrong product and subsequently purchasing the correct product from another company.
5.) Price differences between WhatSender products in different regions or between WhatSender and other companies.
6.) A refund request for part of a package. WhatSender, in cooperation with a third-party payment platform, does not support partial refunds within an order. However, WhatSender may refund the entire package after the customer has purchased the correct product separately within the warranty period of the purchased package.
7.) A customer has a “change of mind” after making a purchase.
8.) The customer failed to cancel their subscription before the renewal deadline, and an automatic renewal charge has already been processed.
Technical Circumstances
1.) A refund request due to technical issues, where the customer refuses to cooperate with WhatSender’s support team in troubleshooting efforts by failing to provide detailed descriptions and information about the issue or by refusing to attempt the solutions provided by the WhatSender support team.
2.) A refund request for technical issues after the software has been updated if the order exceeds the 7-day warranty period.
3.) Problems related to the user’s WhatsApp account.
Accepted Circumstances
WhatSender offers refunds under the following circumstances, in line with its Money-Back Guarantee:
Non-Technical Circumstances
1.) Purchasing the same product twice or purchasing two products with similar functions. In this case, WhatSender will refund one of the products or exchange one program for another WhatSender product.
2.) The customer does not receive any registration access emails within 48 hours, is unable to generate a new registration code (password) via the login page, and does not receive a timely response (within 2 business days) from the WhatSender Support Team after contacting them. In this case, WhatSender will refund the customer’s order if they no longer need the product in the future.
3.) If, after a technical failure, the user purchases different software from another company to complete their task. In such circumstances, we can arrange to exchange the product or provide a full refund.
Technical Issues
The purchased software has significant technical problems, and no solution is provided within 30 days. In this case, WhatSender will refund the purchase price if the customer does not wish to wait for a future update.
Important:
1.) Once a refund is issued, the corresponding license will be deactivated.
2.) Refunds will be issued to the card used for payment through our payment platform partner. For this reason, it is not possible to issue refunds via other methods, such as bank transfer.
10. SUPPORT
9.1. If you have any questions about the Services, the User can contact WhatSender by sending an email to support@what-sender.com.
9.2. The User can also refer to the questions addressed in the WhatSender Support Center at https://support.what-sender.com/help-center/
11. LIMITATION OF LIABILITY
10.1. WhatSender is a tool designed to enhance the efficiency of internal communications within companies using the WhatsApp platform. This service facilitates the quick and effective exchange of information within organizations. Furthermore, we ensure the privacy and security of information since we do not maintain databases of recipients.
The User acknowledges and agrees that the performance of the Services may be affected by various factors, which may occasionally result in certain deficiencies. It is also acknowledged that the Services are not free from defects and errors. WhatSender is committed to making ongoing efforts to improve the effectiveness and reliability of the Services offered.
10.2. The User acknowledges and accepts that the use of the Website and Services is at the User’s own risk, and therefore, WhatSender accepts no liability for misuse or non-compliance with these Terms.
The User will be responsible for any damage caused to WhatSender as a result of the User’s use of the Website and Services in violation of these Terms.
10.3. WhatSender does not guarantee the availability or continuity of the Website or Services, their accuracy, reliability, or completeness, nor their suitability for a particular purpose. To the maximum extent permitted by applicable law, WhatSender will not have any liability in this regard.
By way of example and without limitation, WhatSender will not be liable for damages that may result from:
I) Interruptions, viruses, technical problems, interferences, omissions, unavailability, power outages, failures in telecommunications networks, or the User’s equipment that are not the responsibility of WhatSender.
II) Delays or lack of availability of the Website and Services due to deficiencies or traffic overloads on the Internet, communication networks, or electrical networks.
III) Actions by third parties.
IV) Unavailability of the Website and Services due to maintenance or software updates.
V) Any other issue beyond the control of WhatSender.
10.4. UNLESS THERE IS INTENTIONAL MISCONDUCT BY WHATSENDER AND IN THOSE CASES WHERE, DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE CASE, APPLICABLE LAW STATES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT BETWEEN THE PARTIES, OUTSIDE OF SUCH CASES, USE OF THE WEBSITE AND SERVICES WILL BE AT THE USER’S SOLE RISK, AND WHATSENDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE OR SERVICES.
12. NOTICES
11.1. All notices, requests, petitions, and other communications between WhatSender and the User regarding the Services or access to the Website must be in writing and will be deemed properly delivered if sent by certified mail or certified fax (burofax) to the address that the parties have indicated to each other for this purpose.
11.2. Notwithstanding the above, notices sent to WhatSender will be considered duly made when sent by email to support@what-sender.com.
11.3. Similarly, notices sent to the User will be considered properly made when sent by email to the address associated with the User’s email account used for the Services or, if necessary, to the email address provided by the User to WhatSender for this purpose.
13. NULLITY
If any provision of these Terms is declared, in whole or in part, null or void, such invalidity will only affect the provision or part of the provision considered null or void. The remaining provisions will remain in effect. The null or void provision, in whole or in part, will be considered excluded from these Terms.
14. APPLICABLE LAW
13.1. These Terms will be governed and interpreted in accordance with the laws of Spain.
13.2. The contracting of the Services will be considered formalized at the place where the fiscal domicile of WhatSender is located at the time of contracting the Services.
These general terms expressly regulate the conditions applicable to the contracting processes carried out by “Client” users for the subscriptions offered by WhatSender through its website.
These terms will remain in effect and valid as long as they are accessible through the website, notwithstanding WhatSender’s right to modify, without prior notice, the general terms and any legal texts on the website. In any case, access to the Website after its modification, inclusion, and/or replacement implies the User’s acceptance of the same.
The Client is subject to the general terms in force at the time of contracting the corresponding service, and it will not be possible to contract any service without prior acceptance of these general terms of contracting.
On this website, you may purchase products or services listed on each sales page.
15. JURISDICTION
The User and WhatSender expressly waive any other jurisdiction that may apply to them and agree to resolve any dispute arising from the Services or access to the Website before the Courts of Barcelona (Spain), except where mandatory legal provisions apply due to the User’s status.