Terms of Service

1. Service Description

Alpha Connex is a WhatsApp Business messaging platform that provides smart inbox management, blast campaign tools, recurring message scheduling, AI-powered reply sentiment classification, and contact scoring. The platform is operated as a software-as-a-service (SaaS) accessible via web browser.

2. WhatsApp Usage — Important Disclaimer

Alpha Connex integrates with Evolution API, which is an unofficial, community-maintained WhatsApp automation library. This integration is not affiliated with, endorsed by, or officially supported by WhatsApp Inc. or Meta Platforms Inc.

By using this service, you acknowledge and accept the following risks:

• WhatsApp may ban or restrict any phone number that sends automated messages, particularly in bulk.
• The risk of number banning is inherent to the use of unofficial automation tools.
• Alpha Connex is not liable for any WhatsApp account suspension, phone number banning, or service disruption caused by WhatsApp's enforcement actions.
• You are solely responsible for ensuring your messaging practices comply with WhatsApp's Terms of Service.

3. Acceptable Use — Blast Campaign Limits

• The default blast limit is 300 messages per phone number per day on the Starter plan. Higher limits are available on Pro and Business plans.
• You must not use the platform to send spam, unsolicited commercial messages, or any message to contacts who have not consented to receive WhatsApp communications from you.
• Blasting must not be used for any illegal purpose, including phishing, fraud, harassment, or distributing malicious content.
• We reserve the right to suspend accounts that exhibit abusive blast patterns without refund.

4. Opt-Out Enforcement

You are required to honour opt-out requests from message recipients. When the platform's AI classifier detects an opt-out reply, the contact is automatically added to the opt-out blacklist and will not receive further messages from your campaigns. You must not manually override opt-out entries to re-send messages to opted-out contacts.

5. Account Plans and Payment

Plan assignments are managed administratively. Pricing is as displayed on the marketing page. Alpha Connex does not process payments directly — invoicing is handled separately. Failure to pay may result in plan downgrade or account suspension after 14 days of notice.

6. Data Deletion on Account Termination

Upon account termination (whether voluntary or due to policy violation):

• All campaign data, contact lists, and message history will be permanently deleted within 30 days.
• Associated Evolution API instances will be deleted.
• Backups containing your data will be purged within 90 days.
• You may request immediate deletion by emailing [email protected].

7. Limitation of Liability

Alpha Connex is provided "as is" without warranty of any kind. We are not liable for any indirect, incidental, or consequential damages arising from your use of the platform, including but not limited to WhatsApp account bans, lost business opportunities, or data loss.

8. Changes to Terms

We may update these terms from time to time. Continued use of the platform after changes constitutes acceptance of the updated terms. Material changes will be communicated via email.

9. Acceptable use

You must not use the Service to:

• send unsolicited bulk messages or commercial spam;
• message any recipient who has not given prior consent to be contacted by you on WhatsApp;
• send content that violates Malaysian law, including the Communications and Multimedia Act 1998 and the Penal Code;
• harass, threaten, defame, or impersonate any person, or distribute scam, fraud, phishing, or malicious content;
• circumvent the platform's opt-out enforcement, sending limits, or anti-ban guards;
• resell or sublicense the Service without our written agreement.

We may suspend or terminate any account that violates this section, with or without prior notice, and without refund.

10. WhatsApp account ban risk

The Service connects to WhatsApp via an unofficial protocol implementation (Baileys, fronted by the Evolution API). WhatsApp and Meta Platforms Inc. actively detect and may temporarily or permanently ban any phone number used with such tooling, particularly when sending in bulk. Customer assumes this risk in full. We provide warm-up, rate-limiting, and quiet-hour features to reduce ban likelihood, but make no guarantee. No refund is offered for downtime, lost campaigns, or business impact arising from a WhatsApp ban of Customer's number.

11. Service availability (no SLA)

The Service is provided on an "as is" and "as available" basis, without warranty of uptime. We target 99% monthly availability as an internal goal but do not offer service credits or refunds for downtime under the current plan tiers.

12. Refund policy

Subscriptions are billed in advance, monthly or annually as selected. Refunds are not provided for partial billing periods. Customer may cancel at any time via the customer portal; the Service will continue to be available until the end of the period already paid for, after which no further charges will be made.

13. Limitation of liability

To the maximum extent permitted by law, our aggregate liability to Customer arising out of or relating to the Service — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by Customer to us in the twelve (12) months immediately preceding the event giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or business opportunities, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

Customer agrees to defend, indemnify, and hold harmless Alpha Connex, its operators, employees, and contractors from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising from or relating to: (a) messages sent by or on behalf of Customer to recipients who did not consent to receive them; (b) content that violates WhatsApp's Business Terms or Meta's policies; (c) misuse of contact data, including data acquired without lawful basis; (d) any breach by Customer of these Terms, applicable law (including the PDPA), or any third-party right.

15. Governing law and jurisdiction

These Terms are governed by the laws of Malaysia, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with these Terms shall be resolved exclusively by the courts of Kuala Lumpur, Malaysia, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Contact

For questions about these terms, contact us at [email protected].