Terms of Service

01Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Zerda Digital ("Zerda", "we", "us"), the operator of Zerda Engage. By creating an account, accessing, or using the service, you agree to these Terms. If you are using Zerda Engage on behalf of a company, you confirm you have authority to bind that company to these Terms.

02The service

Zerda Engage is a customer-engagement and messaging platform built on the WhatsApp Business Platform (WhatsApp Cloud API). It enables businesses to send and receive WhatsApp messages with their customers, including notifications, support conversations, template messages, and automated replies. We may add, change, or remove features over time.

03Eligibility

To use Zerda Engage, you must be at least 18 years old and able to enter into a binding contract. Zerda Engage is intended for business use and not for personal, household, or consumer purposes.

04Accounts & security

• You are responsible for the information you provide and for keeping it accurate and up to date.
• You are responsible for safeguarding your account credentials and access tokens, and for all activity under your account.
• You must notify us promptly at privacy@zerda.digital if you suspect unauthorized use of your account.

05Acceptable use

When using Zerda Engage, you agree not to:

• Send spam, unsolicited messages, or contact people who have not opted in.
• Violate the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, or any Meta platform terms or policies.
• Send unlawful, fraudulent, deceptive, harassing, hateful, or infringing content.
• Distribute malware or attempt to disrupt, probe, or gain unauthorized access to the service.
• Use the service to break any applicable law, including marketing, consumer-protection, and data-protection laws.
• Resell or provide access to the service to third parties except as expressly permitted.

Violating these rules may lead to suspension or termination and may also result in action by Meta against your WhatsApp Business Account.

06Customer & opt-in obligations

If you use Zerda Engage to message your own customers, you are responsible for:

• Obtaining valid opt-in consent from each recipient before messaging them, as required by WhatsApp and applicable law.
• Honoring opt-out and stop requests promptly.
• Providing your customers with appropriate privacy information about how you use their data.
• Acting as the controller of your customers' personal data, with Zerda acting as your service provider as described in our Privacy Policy.

07Third-party platforms

Zerda Engage relies on the WhatsApp Business Platform and other third-party services. Your use of those services is also governed by their respective terms. We are not responsible for the availability, performance, or actions of Meta or other third parties, and we may be affected by changes they make to their platforms.

08Fees & payment

Where a paid plan applies, fees, billing cycles, and payment terms will be presented to you before you subscribe. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for any applicable taxes. Meta may charge separate conversation or messaging fees through the WhatsApp Business Platform, which are not covered by our fees. Late or failed payments may result in suspension.

09Intellectual property

Zerda Engage, including its software, design, and content, is owned by Zerda Digital and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the service in line with these Terms. You retain ownership of the content and data you submit, and you grant us the rights needed to operate and provide the service to you.

10Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. You can request deletion of personal data at zerda.digital/data-deletion.

11Disclaimers

The service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Zerda makes no 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 secure, or that messages will always be delivered.

12Limitation of liability

To the fullest extent permitted by law, Zerda 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 service. Our total liability for any claim relating to the service will not exceed the amounts you paid to us for the service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13Indemnification

You agree to indemnify and hold harmless Zerda and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the service, your content, your violation of these Terms, or your violation of any law or third-party rights, including the rights of message recipients.

14Suspension & termination

You may stop using the service at any time. We may suspend or terminate your access if you breach these Terms, if required by Meta or applicable law, or to protect the service or other users. On termination, your right to use the service ends. Sections that by their nature should survive — including intellectual property, disclaimers, liability, indemnification, and governing law — will continue to apply.

15Changes to the terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the service after changes take effect means you accept the updated Terms.

16Governing law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts located in the judicial district of Montréal, Québec, will have exclusive jurisdiction over any dispute, subject to any mandatory consumer or local protections that may apply to you.

17Contact us

Questions about these Terms? Get in touch: