Terms of Service

Version: 2026-07-06 · Effective date: July 6, 2026

These Terms of Service (“Terms”) govern the access to and use of the GoSendAPI Cloud service (the “Service”) operated by Gestic O.R.S.A. (the “Provider”, “we”, “us”), a company organized under the laws of Argentina, CUIT 30-71607311-0, with legal address at Castelli 1056, Brandsen, Province of Buenos Aires, Argentina.

By creating an account, clicking “I accept”, or otherwise using the Service, the entity or person doing so (the “Customer”, “you”) agrees to be bound by these Terms.

1. Definitions

Service — the SaaS platform GoSendAPI Cloud, which acts as a Meta-approved Tech Provider for the WhatsApp Business Cloud API, offering account management, template management, message sending, inbox, webhooks, and related tools.
Meta — Meta Platforms, Inc. and its affiliates, including WhatsApp LLC, provider of the underlying WhatsApp Business Cloud API.
WABA — WhatsApp Business Account, the administrative container Meta assigns to a business to hold phone numbers, templates and permissions.
AUP — the Acceptable Use Policy referenced below and incorporated by reference.
Privacy Policy — the Privacy Policy referenced below and incorporated by reference.
Meta Policies — the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, Meta Platform Terms, WhatsApp Business Terms, and any other policy Meta imposes on developers or businesses using the WhatsApp Business Cloud API, as amended from time to time.
End User — any natural person to whom a message is sent through the Service.
Business-initiated conversation and user-initiated conversation — as defined by Meta’s Conversation-Based Pricing.

2. The Service

We provide a technical and operational layer on top of the WhatsApp Business Cloud API. We are a Tech Provider, not a reseller of WhatsApp accounts or phone numbers: your WABA and phone numbers belong to you (or to your own customer), and we access them via Meta’s official Embedded Signup, Solution Partner, or Partner-Share flows.

The Service is delivered “as available”. Availability targets, if any, are defined in a separate Service Level document; absent such document, the Service is provided on a commercially reasonable best-effort basis.

3. Eligibility and account

You must be at least 18 years old and have legal capacity to contract. If you use the Service on behalf of a legal entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for keeping account credentials (email, password, API keys) confidential and for all activity under your account. Notify us immediately at legal@gosendapi.com of any unauthorized access.

4. Acceptable use — incorporated by reference

Your use of the Service is subject to the Acceptable Use Policy (“AUP”) and to all Meta Policies. The AUP forms part of these Terms. In case of conflict between the AUP and these Terms, the more restrictive provision applies.

You agree, at a minimum, to:

Send messages only to End Users who have granted prior explicit opt-in to receive messages from you on WhatsApp, using a method that clearly identifies your business.
Honor opt-out requests promptly (a single reply such as “STOP”, “BAJA”, “STOP MESSAGES” must terminate future messaging).
Not send spam, unsolicited bulk messaging, content prohibited by Meta Policies, illegal content, or content in categories restricted or banned by Meta (including gambling without required licensing, cryptocurrency speculation, adult content, weapons, controlled substances, and any use case Meta prohibits at the time).
Not attempt to bypass rate limits, quality ratings, or messaging tiers imposed by Meta.
Not use the Service to interfere with Meta’s infrastructure or with our infrastructure.

5. Right to suspend sending — “kill switch”

We may, at our sole discretion and without prior notice, pause outbound sending on all or part of your account (a “Send Suspension”) when we have a reasonable good-faith suspicion that:

Your use of the Service is violating these Terms, the AUP, or a Meta Policy;
Your sending is causing material harm to the quality rating of a phone number, to your WABA, or to our Meta App;
A regulator, court, or Meta itself has requested or is likely to request enforcement;
There is credible evidence of unauthorized access to your account.

While a Send Suspension is in effect, outbound send requests to /v1/messages (and any equivalent endpoint) return an HTTP 403 error with code CUSTOMER_SENDING_DISABLED. Inbound receiving, webhooks, and read access are not affected unless we expressly indicate otherwise.

We will (a) leave a written reason in your account audit trail visible to you, and (b) contact you at your account email as soon as reasonably practicable to explain the reason and the remediation path. We will lift the Send Suspension when the underlying condition is remedied to our reasonable satisfaction, or when we conclude the suspicion was unfounded.

A Send Suspension is not a termination and does not affect your obligation to pay accrued fees. It also does not waive our right to escalate to termination under Section 12 if the conduct is not remedied.

6. Compliance with Meta Policies (pass-through)

Meta imposes obligations on any business using the WhatsApp Business Cloud API. You acknowledge that:

You have read, or will read before sending, the current WhatsApp Business Messaging Policy and WhatsApp Business Terms;
You will comply with them at all times as if they applied directly to you;
Meta may, without our involvement, restrict, throttle, or suspend your WABA, phone number, template, or account for policy violations;
We are not liable for enforcement actions taken by Meta against you.

We may forward to Meta, or receive from Meta, information about your use of the Service when required by our Tech Provider agreement or by Meta Policies.

7. Customer responsibility for content

You are the sole author and controller of the content of every message sent through the Service. You represent and warrant that:

Each message, template, media file, and callback URL you configure complies with these Terms, the AUP, Meta Policies, and applicable law (including consumer protection, personal data protection, and anti-spam laws in the recipient’s jurisdiction);
You have obtained and retain evidence of opt-in for every End User you contact, sufficient to demonstrate compliance to Meta and to regulators upon request;
Your marketing lists have not been purchased, scraped, or otherwise acquired from third parties without individual, informed consent.

We do not review your content and are not responsible for it. We may, however, act on our right under Section 5 when content raises credible compliance concerns.

8. Fees, billing and taxes

Fees, if any, are set out in your subscription plan or invoice. Unless expressly stated otherwise, prices are exclusive of VAT and other applicable taxes.

Meta charges conversation-based fees to the WABA owner. Depending on the account setup (direct-billing to your business, or pass-through billing through us), those Meta fees are either invoiced by Meta directly or forwarded to you by us at cost or with a service margin as documented in your plan.

Overdue amounts accrue interest at the maximum rate permitted by law. Non-payment beyond 15 days is a material breach and grounds for Send Suspension and/or termination.

9. Data protection

Our processing of personal data on your behalf is governed by the Privacy Policy and, where applicable, by a separate Data Processing Agreement. As Argentine Personal Data Protection Law No. 25.326 applies, we act as data processor (encargado del tratamiento) for content and metadata processed to deliver the Service, and you act as data controller (responsable) for the End User data you send through the Service.

10. Confidentiality

Each party will keep confidential the non-public information of the other party disclosed in connection with the Service (including account credentials, API keys, pricing, and roadmap). Confidentiality obligations survive termination for three (3) years, and indefinitely for trade secrets.

11. Intellectual property

We retain all rights to the Service, the software, the documentation, and any derivative works we create. You retain all rights to your content. You grant us a limited, non-exclusive, worldwide license to process your content solely to the extent necessary to provide the Service.

The names, logos, and trademarks of Meta, WhatsApp, and their affiliates belong to their respective owners and are used only in reference. Our authorization to interact with the WhatsApp Business Cloud API is granted by Meta and may be revoked by Meta at any time.

12. Suspension and termination

Either party may terminate for convenience with 30 days’ written notice.

We may terminate immediately if:

You breach these Terms, the AUP, or Meta Policies and fail to remedy within 7 days after notice (or immediately for breaches that are not curable);
Meta terminates or materially restricts our Tech Provider access;
A regulator, court, or Meta requires it.

Upon termination, your access is revoked, outbound sending stops, and you remain liable for any accrued fees. We will retain your data for 30 days after termination to allow export, then delete it in accordance with the Privacy Policy.

13. Warranties and disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that (a) the Service will be uninterrupted or error-free, (b) messages will be delivered within any particular timeframe, or (c) Meta will not modify or terminate the WhatsApp Business Cloud API in ways that affect the Service.

14. Limitation of liability

To the maximum extent permitted by law:

Our aggregate liability arising out of or related to these Terms is capped at the fees paid by you to us during the twelve (12) months preceding the event giving rise to the claim, or USD 100 if no fees were paid;
We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption, even if we were advised of the possibility;
We are not liable for damages caused by (a) Meta enforcement action against you, (b) your content, (c) End User actions, or (d) events outside our reasonable control.

15. Indemnification

You will indemnify, defend, and hold us harmless from any third-party claim, including from End Users, from regulators, or from Meta, arising out of:

Content you sent through the Service;
Your breach of these Terms, the AUP, or Meta Policies;
Your failure to obtain valid opt-in from End Users or to honor opt-out requests;
Your infringement of third-party rights (privacy, IP, consumer protection).

16. Governing law and jurisdiction

These Terms are governed by the laws of the Argentine Republic, without reference to conflict-of-laws principles. Any dispute is submitted to the exclusive jurisdiction of the ordinary commercial courts sitting in the City of Buenos Aires, with express waiver of any other forum.

17. Modifications to these Terms

We may modify these Terms at any time. Material changes will take effect no earlier than 7 days after we publish the new version at this URL and require re-acceptance from existing users through an in-product prompt. Continued use of the Service after that period constitutes acceptance of the modified Terms.

18. Notices

Notices to us must be sent to legal@gosendapi.com and to the legal address above. Notices to you will be sent to the email registered in your account and will be deemed received on transmission.

19. Miscellaneous

These Terms, together with the AUP, the Privacy Policy, and any executed order form or DPA, constitute the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce is not a waiver. You may not assign these Terms without our prior written consent; we may assign to an affiliate or successor in interest.

Questions about these Terms? Contact legal@gosendapi.com.

Changelog Acceptable Use Policy