Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Zhat Convex platform and website operated by Zhat Convex Technologies (“Zhat Convex”, “we”, “us”). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.

1. Definitions

“Service” means the Zhat Convex platform enabling messaging and media delivery via the WhatsApp Business API. “Customer”/“you” means the business or individual using the Service. “End User” means a person you communicate with through the Service. “Meta” means Meta Platforms, Inc., provider of the WhatsApp Business Platform.

2. Eligibility & account

You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of your account information and for all activity under your account, including keeping credentials secure.

3. The Service

The Service lets you connect a WhatsApp Business number and send messages and media (images, video, documents, catalogs, templates and interactive messages) to opted-in recipients, and manage replies. Features and limits depend on your plan.

4. Dependence on Meta / WhatsApp

The Service relies on the WhatsApp Business Platform. Your use is also subject to Meta’s and WhatsApp’s terms and policies, including the WhatsApp Business Messaging Policy and applicable Meta Commerce and Business policies, which are incorporated by reference. Meta may change, suspend, restrict, or price its platform at its discretion, which may affect the Service. We are not responsible for Meta’s acts, omissions, downtime, message throttling, template rejections, number bans, or pricing.

5. Acceptable use

You will not use the Service to: send spam or unsolicited messages; message recipients who have not opted in; send unlawful, deceptive, infringing, hateful, harassing, or harmful content; violate the WhatsApp Business Messaging Policy or any Meta policy; distribute malware; or scrape, reverse-engineer, or overload the Service. We may block content or suspend accounts that violate this section.

6. Consent & opt-in obligations

You represent and warrant that you have obtained valid, documented opt-in consent from every recipient before messaging them, that your messages match the categories the recipient consented to, and that you will honour opt-out/stop requests immediately. You are solely responsible for compliance with applicable messaging, marketing, privacy and consumer-protection laws (including TCPA, GDPR, and local equivalents).

7. Fees & billing

Paid plans are billed monthly in advance. All payments are processed by Paddle, acting as our merchant of record — Paddle is the seller of record on your invoice and card statement. Fees are stated on the pricing page. You are responsible for applicable taxes, which Paddle collects where required.

Your subscription covers the platform itself. WhatsApp per-message charges levied by Meta are metered separately against a prepaid WhatsApp spend budget: each plan includes a monthly budget, and you may top it up. When the budget is exhausted, chargeable outbound messages pause until it is topped up or the month resets; inbound messages and free service-window replies continue. The optional AI Chatbot add-on is billed monthly per plan and includes a set number of AI conversations; additional conversations are charged as metered overage at the rate shown on the pricing page.

Refunds are governed by our Refund Policy, which forms part of these Terms. We may change pricing on 30 days’ notice; changes take effect at your next renewal.

8. Message delivery — no guarantee

Delivery of messages depends on Meta, the recipient’s device, network conditions, and recipient settings. We do not guarantee that any message will be delivered, read, or delivered within a particular time, and delivery/read receipts are provided by Meta on an “as reported” basis.

9. Intellectual property

We and our licensors own all rights in the Service, software, and branding. You retain ownership of your content. You grant us a limited licence to host, process, and transmit your content solely to provide the Service.

10. Third-party services

The Service integrates third-party services (including Meta and payment providers). Your use of those services is governed by their terms, and we are not liable for them.

11. Suspension & termination

You may cancel at any time. We may suspend or terminate your access immediately for breach of these Terms, non-payment, suspected abuse, or if required by Meta or by law. On termination, your right to use the Service ends; certain provisions survive (including Sections 9, 12, 13, and 14).

12. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by law, Zhat Convex will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total aggregate liability for any claim will not exceed the amounts you paid us in the 3 months before the event giving rise to the claim.

14. Indemnification

You will indemnify and hold harmless Zhat Convex and its affiliates from claims, damages, and costs arising from your content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right (including recipient consent and messaging-policy violations).

15. Governing law & disputes

These Terms are governed by the laws of Sri Lanka, without regard to conflict-of-laws rules. Disputes will be resolved in the courts of Colombo, Sri Lanka, save that either party may seek injunctive relief in any court of competent jurisdiction. If you purchase as a consumer, this clause does not deprive you of the protection of mandatory consumer law in your country of residence.

16. Changes to these Terms

We may update these Terms; material changes will be posted here with a new date and, where appropriate, notified to you. Continued use after changes means you accept them.

17. Contact

Zhat Convex Technologies. Email: hello@thecodegate.com — or open a ticket from the Support section inside the app.