These Terms of Service (the “Terms”) are an agreement between you and WooshSoft (“WooshSoft”, “we”, “us” or “our”). They apply to your use of woosh-soft.com (the “Website”), to any communication with us (including through WhatsApp) and to the services we provide (together, the “Services”). By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.
1. Our services
WooshSoft develops and provides software that automates the scheduling of events, including booking, reminders, calendar synchronisation and confirmations. Specific services may be governed by a separate written agreement or order with you. If that agreement conflicts with these Terms, the separate agreement takes priority.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, to use the Services. If you use the Services on behalf of a company or other organisation, you confirm that you have the authority to accept these Terms on its behalf.
3. Communicating with us on WhatsApp
- When you message us on WhatsApp, you agree that we may reply to you on WhatsApp and send you messages related to your enquiry or to services you have requested, such as booking confirmations and reminders.
- You can stop receiving messages from us at any time by telling us in the chat or by blocking our number.
- Your mobile carrier’s standard message and data rates may apply.
- Your use of WhatsApp is also subject to WhatsApp’s own Terms of Service.
- We handle your phone number as described in our Privacy Policy.
4. WhatsApp integrations in your products
If you use our Services to integrate WhatsApp into your own products or business (for example, to send booking confirmations and reminders to your customers), the following applies:
- Message history is collected. To provide the integration, we collect and store the WhatsApp message history exchanged through it. This includes the phone numbers of the people you communicate with, the content of the messages, and related metadata such as timestamps and delivery status.
- How we use it. We process this data only on your behalf and according to your instructions, to provide, maintain, secure and support the Services. We do not sell it or use it for our own marketing.
- Your responsibilities. You are responsible for having a lawful basis (such as opt-in consent) to message your customers on WhatsApp, for telling them in your own privacy policy that their messages are processed by service providers such as WooshSoft, and for complying with the WhatsApp Business Terms of Service and the WhatsApp Business Messaging Policy.
- Data protection roles. For this data, you act as the data controller and WooshSoft acts as your data processor. Where required by law, we will enter into a data processing agreement with you.
- Retention and deletion. We keep the message history for as long as your integration is active, or as otherwise agreed with you. When you stop using the integration, or ask us to, we delete it unless the law requires us to keep it. Deletion and other data protection requests can be sent to [email protected].
5. Acceptable use
You agree not to:
- use the Services for any unlawful, fraudulent or harmful purpose;
- send spam, abusive or offensive content, or malicious code;
- attempt to gain unauthorised access to, interfere with or disrupt the Services or related systems;
- copy, modify, reverse engineer or resell any part of the Services except as permitted by law;
- impersonate any person or misrepresent your affiliation with any person or organisation.
6. Ownership of our software and content
Our software, the Website and the content we create (such as text, graphics and code) belong to WooshSoft. You may view and use the Website for your personal or internal business purposes, but you may not copy, modify, distribute or resell our software or content without our written permission.
7. Third-party services
The Services may link to or integrate with third-party services, such as WhatsApp or calendar providers. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and policies.
8. Disclaimer
The Website and Services are provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free or secure.
9. Limitation of liability
To the fullest extent permitted by law, WooshSoft will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid us, if any, for the Services giving rise to the claim during the twelve (12) months before the claim arose.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including your rights as a consumer.
10. Indemnification
You agree to indemnify and hold harmless WooshSoft and its team from any claims, losses or expenses (including reasonable legal fees) arising from your misuse of the Services or your breach of these Terms.
11. Suspension and termination
We may suspend or end your access to the Services at any time if you breach these Terms or if required by law. You may stop using the Services at any time. Sections that by their nature should survive termination will continue to apply.
12. Changes to these terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page. Continuing to use the Services after changes take effect means you accept the updated Terms.
13. Governing law
These Terms are governed by the laws of the country in which WooshSoft is established, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of any mandatory laws of your country of residence.
14. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver of that right. These Terms, together with our Privacy Policy, form the entire agreement between you and us about the Services.
15. Contact us
If you have any questions about these Terms, contact us at [email protected].