Terms of Use

1. Acceptance of the Terms

By creating an account or using the services offered at {DOMINIO} (the "Service"), you declare that you have read, understood and fully agree to these Terms of Use (the "Terms") and to the Privacy Policy. If you do not agree with any part of this document, you must not use the Service.

If you are accepting these Terms on behalf of a legal entity, you declare that you have the authority to legally bind it.

2. Description of the Service

ZapZap API is a multi-tenant SaaS platform that provides infrastructure to manage WhatsApp instances through a REST API, including community warm-up, anti-ban protection, conversational AI integration, campaigns, alerts and webhooks.

The Service is provided as an infrastructure tool. We are not Meta Platforms, Inc., and we are not an official WhatsApp Business Solution Provider (BSP) partner. ZapZap uses technology from third-party infrastructure providers to connect your instances to the WhatsApp protocol.

3. Sign-up and Account

To use the Service, you must create an account with true, current and complete information. You are responsible for keeping your credentials (password, API Key, API Secret) confidential and for all activity carried out on your account.

Creating multiple accounts to avoid operational limits, get around suspensions or improperly obtain trial benefits is prohibited. Discovery of such practices allows the immediate cancellation of all associated accounts.

4. Billing Model

The Service works on a prepaid balance model. You add credit to your account by PIX, bank slip (boleto) or credit card, and the system automatically debits the costs of the instances you have contracted.

• The balance you add does not expire.
• There is no fixed monthly fee and no lock-in.
• You may request cancellation at any time, without penalty.
• Each instance generates a monthly charge (renewal) and a one-time activation fee when it is created. Current prices are shown in the dashboard.
• If the balance is insufficient, the instance enters a 15-day grace period. After that period without a top-up, the instance is suspended.
• After an additional period set in the dashboard, suspended instances may be deleted. There is no refund for instances deleted due to non-payment.
• Refunds of balance credited by mistake may be requested within 7 days of the credit, in accordance with the Brazilian Consumer Protection Code (CDC).

5. Acceptable Use

It is expressly prohibited to use the Service for:

• Sending unsolicited bulk messages (spam) to contacts without valid opt-in.
• Illegal, fraudulent, defamatory or discriminatory content, pornography involving minors, or content that violates third-party rights.
• Activities that violate the WhatsApp and Meta usage policies, including the Commerce, Business Communication and Spam policies.
• Attempts to compromise the security of the platform, reverse engineering, intentional overload or exploitation of vulnerabilities without authorization.
• Reselling the Service as your own product without a signed white-label agreement.

A violation of these rules allows the immediate suspension of the account, with no refund of the remaining balance if the violation is considered serious.

6. Suspension and Cancellation

The Service may suspend or terminate your account in the following cases: (i) non-payment after the grace period; (ii) violation of these Terms; (iii) a court order; (iv) well-founded suspicion of fraud.

You may cancel your account at any time from the dashboard or by contacting support at [email protected]. The remaining balance of an account cancelled at the user's initiative may be refunded on request, minus any operational transfer costs.

7. Intellectual Property

All software, code, brand, design, documentation and content of the platform are the exclusive property of GM Solutions Hub LTDA or its licensors. Access to the Service does not grant any license to reproduce, modify, distribute or create derivative works, except with express written authorization.

The data, messages and media sent or received by your instances belong to you. ZapZap acts only as a technical intermediary to carry and process this information according to your instructions.

8. Reliance on Third Parties

The operation of the Service depends on the availability and terms of WhatsApp/Meta. Number bans, protocol changes, policy changes or WhatsApp outages are outside ZapZap's control and do not constitute a breach of contract.

We always recommend operating within WhatsApp's official guidelines to minimize the risk of bans. Even with warm-up and good practices, it is not possible to guarantee that a number will never be banned.

9. Limitation of Liability

The Service is provided "as is". To the maximum extent permitted by law, GM Solutions Hub LTDA is not liable for:

• Lost profits, loss of opportunity or indirect damages arising from the use or unavailability of the Service.
• Bans, suspensions or restrictions applied by WhatsApp/Meta to the user's instances.
• Content sent, received or stored by the user through the Service.
• Occasional unavailability caused by maintenance, attacks, provider failures or force majeure events.

ZapZap's total aggregate liability, in any case, is limited to the amount paid by the user in the 3 (three) months before the event that gave rise to the dispute.

10. Affiliate Program

ZapZap offers an Affiliate Program in which users can refer new users through a link or code and earn a commission on the deposits made by the people they referred, at the current rates shown in the dashboard.

By signing up through a referral link or code, you acknowledge and agree that the affiliate responsible for your referral may see your name, email, phone number and account status (sign-up, phone verification, instance connection and deposit), for the sole purpose of following your activation and supporting your onboarding on the platform.

The affiliate agrees to use this data only for that purpose, and any other use, transfer, sale or sharing with third parties is prohibited. Misuse of referred users' data subjects the affiliate to suspension from the Program and to the applicable sanctions. Accumulated commissions may be withdrawn under the rules and minimum amount set in the dashboard, and GM Solutions Hub LTDA reserves the right to suspend accounts involved in fraud or self-referral.

11. Changes to the Terms

These Terms may be updated from time to time. Relevant changes will be communicated by email or through the dashboard at least 15 days before they take effect. Continued use of the Service after the effective date means automatic acceptance of the new conditions.

12. Governing Law and Venue

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district where GM Solutions Hub LTDA has its registered office are chosen to settle any dispute arising from this agreement, with express waiver of any other, however privileged.

For individual consumers, the courts of the consumer's place of residence prevail, in accordance with the Brazilian Consumer Protection Code.