Terms of Service

These Terms of Service ("Terms") are a binding agreement between you (the "Customer", "you") and Activated Digital Ltd ("WAGate", "we", "us") governing your access to and use of the WAGate platform at wagate.app and related services (the "Service"). By creating an account or using the Service, you agree to these Terms.

1. Accounts & eligibility

You must be at least 18 years old and able to form a binding contract. The Service is for business use. You are responsible for the accuracy of your registration details, for keeping your credentials secure, and for all activity under your account. Notify us immediately of any unauthorized use.

2. The Service

WAGate is a platform for sending, routing, automating, and monitoring WhatsApp messages built on the official WhatsApp Cloud API, with related tools (template management, inbox, flows, integrations, developer API, and optional AI features). The Service depends on the availability of Meta's APIs; features may change as Meta's platform changes. We may add, modify, or discontinue features over time.

3. Your responsibilities

When using the Service you agree to:

• Comply with these Terms, our Acceptable Use Policy, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and the WhatsApp Business Terms.
• Obtain valid opt-in/consent from recipients before messaging them, and honor opt-out requests promptly.
• Send only content you are authorized to send, and not use the Service for spam, deception, or unlawful purposes.
• Maintain any consents and disclosures required toward your own end-customers, including informing them where AI is used.
• Keep your own access tokens, API keys, and webhooks secure.

You are responsible for your messaging content and for compliance with all laws applicable to your communications. Meta may impose quality ratings, limits, or restrictions on your WhatsApp number based on your behavior; we are not responsible for Meta's enforcement actions.

4. Plans, fees & billing

Paid plans (currently Starter, Growth, and Scale) are billed in advance on a recurring monthly basis through our payment provider. Fees, message allowances, seat counts, and feature limits are described at our pricing page and in-app. WhatsApp conversation charges levied by Meta are separate and are your responsibility. We may change prices on prospective notice; changes take effect at your next billing cycle. All fees are exclusive of taxes unless stated; VAT is added where applicable. Billing, refunds, and cancellation are governed by our Refund & Cancellation Policy.

5. Free trial

If we offer a free trial, the Service is provided "as is" during the trial and we may modify or end the trial at any time. Unless you cancel before the trial ends, your plan may convert to a paid subscription per the plan you selected.

6. Your data & privacy

Our handling of personal data is described in the Privacy Policy. Where we process personal data on your behalf (as a processor), the Data Processing Addendum applies and is incorporated into these Terms. You retain all rights in your data; you grant us a limited license to host and process it solely to provide the Service.

7. Third-party services

The Service integrates with third parties (Meta/WhatsApp, WooCommerce, Shopify, payment providers, AI providers, and others). Your use of those services is subject to their own terms, and we are not responsible for them. We are an independent platform and are not affiliated with or endorsed by Meta Platforms, Inc.

8. Intellectual property

The Service, including its software, design, and content, is owned by Activated Digital Ltd and its licensors and is protected by law. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription. You may not copy, reverse-engineer, resell, or create derivative works except as permitted by law. Feedback you provide may be used by us without restriction.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that messages will always be delivered — delivery depends on Meta/WhatsApp and the recipient.

10. Limitation of liability

To the maximum extent permitted by law, WAGate and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You will defend, indemnify, and hold harmless WAGate from any claims, damages, and costs (including reasonable legal fees) arising from your use of the Service, your content or messages, your violation of these Terms or applicable law, or your infringement of any third-party right.

12. Suspension & termination

You may cancel at any time as described in the Refund & Cancellation Policy. We may suspend or terminate your access immediately if you breach these Terms or the Acceptable Use Policy, if required by Meta or by law, or to protect the Service or others. Upon termination your right to use the Service ends; provisions that by their nature should survive (e.g. IP, disclaimers, liability, governing law) will survive.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms here and update the "Last updated" date; material changes will be communicated through the Service or by email. Continued use after changes take effect constitutes acceptance.

14. Governing law & disputes

These Terms are governed by the laws of Israel, without regard to conflict-of-laws rules. The exclusive jurisdiction for any dispute will be the competent courts of Tel Aviv-Yafo, Israel, except that we may seek injunctive relief in any competent court to protect our intellectual property.

15. Contact

Activated Digital Ltd (Company no. 514400597)
Gary Bertini 1, Tel Aviv, Israel
Support: support@activated.digital · Legal: info@activated.digital