Terms of Service
Last Updated: February 19, 2026
[Company Name] ("we", "us", "our", or the "Company")
[Registered Address]
[Website URL]
1. Acceptance of Terms
By accessing or using the GOTCHA cloud-based contact center platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.
2. Description of the Service
GOTCHA is a multi-tenant, multi-channel messaging platform that enables businesses to manage customer communications across WhatsApp, Facebook Messenger, and Instagram. The Service includes:
- Agent dashboards for real-time conversation management
- Manager analytics and reporting tools
- Automated chatbot flows and message routing
- AI-assisted tools for agents (suggested replies, summaries, sentiment analysis)
- Self-service channel connection via Meta platform integrations
- Multi-tenant administration and user management
The Service operates using Meta's WhatsApp Cloud API, Messenger Platform API, and Instagram Messaging API. Your use of these messaging channels is also subject to Meta's applicable terms and policies.
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must create an account by providing accurate and complete information. Each organization operates within its own tenant, and the initial administrator is responsible for inviting and managing additional users (agents, managers).
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss arising from unauthorized use of your account.
3.3 User Roles
The Service supports role-based access: Administrators, Managers, and Agents. Each role has different levels of access and permissions. Administrators are responsible for assigning appropriate roles and permissions to users within their organization.
4. Channel Connection and Meta Platform
4.1 Connecting Channels
Administrators may connect messaging channels (WhatsApp, Messenger, Instagram) to their tenant through the Service's self-service interface. By connecting a channel, you authorize us to:
- Receive and process incoming messages on your behalf
- Send messages through the connected channel on your behalf
- Access and store necessary platform credentials (access tokens, account IDs)
- Subscribe to webhook events for the connected accounts
4.2 Meta Platform Compliance
You are responsible for complying with all applicable Meta platform policies, including but not limited to the WhatsApp Business Policy, WhatsApp Commerce Policy, Facebook Platform Terms, and Instagram Platform Terms. Violations of Meta's policies may result in the suspension or termination of your connected channels by Meta, for which we bear no responsibility.
4.3 Disconnection
You may disconnect any channel at any time through the Service interface. Upon disconnection, we will unsubscribe from webhook events and clear stored credentials. Existing conversation history will be retained unless you request its deletion.
5. Acceptable Use
You agree not to use the Service to:
- Send unsolicited messages (spam) or engage in abusive messaging practices
- Violate any applicable law, regulation, or third-party rights
- Transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service for any purpose other than legitimate business communication
- Resell, sublicense, or redistribute the Service without our prior written consent
- Reverse engineer, decompile, or disassemble any part of the Service
We reserve the right to suspend or terminate your account if we reasonably believe you are in violation of these terms.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal data. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
As a business customer, you are the data controller for the end-customer data processed through the Service. You are responsible for ensuring that you have the necessary legal basis for processing your customers' personal data and for informing them about how their data is used.
7. Intellectual Property
The Service, including all software, design, text, graphics, and other content, is the property of [Company Name] and is protected by applicable intellectual property laws. Your use of the Service does not grant you any ownership rights in the Service or its content.
You retain ownership of all content and data that you submit through the Service. By using the Service, you grant us a limited license to process your content solely for the purpose of providing the Service.
8. AI-Assisted Features
The Service includes AI-assisted features such as suggested replies, conversation summaries, and sentiment analysis. These features are provided as tools to assist agents and are not a substitute for human judgment. You acknowledge that:
- AI-generated content may not always be accurate or appropriate
- Agents are responsible for reviewing and approving AI-generated suggestions before sending them to customers
- Message content may be processed by third-party AI service providers to deliver these features
- We do not guarantee the accuracy, completeness, or suitability of AI-generated content
9. Service Availability and Support
9.1 Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control, including outages of third-party services (e.g., Meta platform, cloud infrastructure providers).
9.2 Modifications
We reserve the right to modify, update, or discontinue any part of the Service at any time. We will make reasonable efforts to notify you of material changes in advance.
10. Limitation of Liability
To the maximum extent permitted by applicable law, [Company Name] shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service.
Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount paid by you for the Service during the twelve (12) months preceding the event giving rise to the claim.
We are not responsible for any actions taken by Meta Platforms, Inc. regarding your connected channels, including suspension, rate limiting, or termination of your WhatsApp, Messenger, or Instagram accounts.
11. Indemnification
You agree to indemnify and hold harmless [Company Name], its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) the content of messages sent through the Service by you or your users.
12. Termination
Either party may terminate these Terms at any time by providing written notice. Upon termination:
- Your access to the Service will be disabled
- All connected channels will be disconnected
- Your data will be retained for a period of 90 days, after which it will be permanently deleted unless otherwise required by law
- You may request an export of your data prior to termination
We may immediately suspend or terminate your access to the Service if you breach these Terms, engage in prohibited activities, or if required by law.
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
15. Contact Us
If you have any questions about these Terms, please contact us:
[Company Name]
[Registered Address]
Email: [Contact Email]
Website: [Website URL]