Draft — pending review by Novalitics’ counsel before publication
Terms of Service
Effective date: [EFFECTIVE DATE]
1. About these terms
These terms are an agreement between you and Novalitics (RC [RC NUMBER]), [REGISTERED ADDRESS], Nigeria, which operates Weystack. “You” means the business that creates a Weystack account, and the person accepting these terms on its behalf confirms they have authority to do so.
By creating an account or using Weystack, you agree to these terms and to our Privacy Policy. If you do not agree, do not use Weystack.
2. What Weystack does
Weystack is a web app that brings the messages your business receives on WhatsApp, Instagram and Facebook Messenger into one inbox. It uses AI to sort conversations and suggest order details, and helps you record orders, track payments and send updates to your customers.
We may improve, change or remove features over time. If we remove something you rely on, we will give you reasonable notice where we can.
3. Your account
- You must be at least 18 and running a genuine business.
- Give us accurate information and keep it up to date.
- Keep your sign-in details secure. You are responsible for everything done through your account, including by staff you invite. Remove staff access as soon as someone should no longer have it.
- Tell us straight away at [SUPPORT EMAIL] if you think your account has been accessed without permission.
4. Connecting WhatsApp, Instagram and Facebook
Weystack connects to your accounts through Meta’s official platforms, including the WhatsApp Business Platform (including WhatsApp Business app coexistence), the Instagram messaging API and the Messenger Platform. When you connect a channel:
- You authorise us to send and receive messages and read the account information needed to do so, on your behalf.
- You must comply with Meta’s terms and policies, including the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and Commerce Policy, and Meta’s Platform Terms. Meta can restrict or remove your access, and we cannot override its decisions.
- You are responsible for having your customers’ permission to message them where Meta’s policies or the law require it, including before sending WhatsApp template messages.
- Weystack depends on Meta’s services. We are not responsible for outages, changes or restrictions on Meta’s side, or for messages Meta fails to deliver.
You can disconnect a channel at any time. When you do, or when you remove Weystack from your Facebook settings, we delete the access tokens for that channel and stop receiving its messages.
5. AI features
Weystack uses AI provided by OpenAI to label conversations and suggest order details from the text of your customers’ messages. AI output can be wrong or incomplete. Suggestions are there to save you time, not to replace your judgement: check order details, amounts and payment status before acting on them. You are responsible for the orders you confirm and the messages you send.
6. Your customers’ data
The messages, contact details, addresses and orders of your customers belong to your business. Under the Nigeria Data Protection Act 2023 (“NDPA”), you are the data controller for that data and Novalitics is your data processor.
Your responsibilities. You must have a lawful basis to collect and use your customers’ data, tell your customers how you use it (including that you use Weystack and AI to manage conversations), and respond to their requests to exercise their data protection rights.
Our commitments as your processor. For customer data we process on your behalf, we will:
- process it only to provide Weystack to you and on your documented instructions, which include these terms and your use of the app;
- make sure our personnel who can access it are bound by confidentiality;
- keep it secure using appropriate technical and organisational measures, described in our Privacy Policy;
- use only the sub-processors listed in our Privacy Policy, under written contracts with equivalent protections, and tell you before we add or replace one so you can object;
- transfer it outside Nigeria only with safeguards the NDPA recognises;
- help you respond to requests from your customers to access, correct, delete, restrict or port their data, or to object;
- tell you without undue delay after becoming aware of a personal data breach affecting it, and help you meet your notification obligations;
- delete it when you close your account or at the end of the retention periods in our Privacy Policy, except where the law requires us to keep it; and
- give you the information reasonably needed to show that we meet these obligations.
We may use aggregated or pseudonymised figures about how Weystack is used to run and improve the service. These do not identify you or your customers, and we never use message contents for this.
7. Acceptable use
You must not use Weystack to:
- sell goods or services that are illegal in Nigeria or banned by Meta’s Commerce Policy;
- send spam, or message people who have not agreed to hear from you where consent is required;
- deceive or defraud customers, including with fake payment confirmations;
- harass, threaten or abuse anyone;
- infringe anyone’s intellectual property or privacy rights;
- try to access other vendors’ data, probe or disrupt our systems, or get around usage limits; or
- copy, resell or reverse engineer Weystack.
8. Plans and fees
Some features are free and others require a paid plan. Current prices and what each plan includes are shown in the app before you subscribe. Paid plans renew automatically until cancelled. We will give you at least 30 days’ notice before a price change affects you, and you can cancel before it takes effect. Fees are exclusive of any applicable taxes, and are not refundable except where the law requires.
9. Intellectual property
Novalitics owns Weystack, including its software, design and brand. We give you a limited, non-exclusive, non-transferable right to use it for your business while these terms apply.
You keep ownership of your content and your customers’ data. You give us permission to host, process and display it only as needed to provide Weystack to you. If you send us suggestions or feedback, we may use them without any obligation to you.
10. Suspension and closing your account
You can stop using Weystack and ask us to close your account at any time by emailing [SUPPORT EMAIL].
We may suspend or close your account if you seriously or repeatedly break these terms, if Meta requires it, if your use puts other users or our service at risk, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem.
When your account closes, you can ask for an export of your orders and customer records within 30 days. After that we delete your data as described in our Privacy Policy, except records the law requires us to keep.
11. Disclaimers
We work hard to keep Weystack available and accurate, but it is provided “as is” and “as available”. To the extent the law allows, we do not promise that it will be uninterrupted or error-free, that AI output will be accurate, or that it will meet every need of your business.
12. Limits on our liability
To the extent the law allows:
- we are not liable for indirect or consequential losses, or for loss of profit, revenue, sales or goodwill;
- we are not liable for losses caused by Meta or other third-party services, by AI output you did not check, or by your breach of these terms; and
- our total liability to you for all claims in any 12-month period is limited to the fees you paid us in that period.
Nothing in these terms limits liability that cannot be limited by law, including liability for fraud.
13. Your responsibility to us
You will cover our reasonable losses and costs arising from a claim by a third party, including one of your customers or a regulator, that results from how you use Weystack, the goods or services you sell, or your breach of these terms or of data protection law.
14. Governing law and disputes
These terms are governed by the laws of the Federal Republic of Nigeria. If a dispute arises, we will first try to resolve it with you in good faith. If we cannot, it will be decided by the courts of [DISPUTE VENUE].
15. General
- We may update these terms. We will tell you about material changes at least 30 days in advance by email or in the app. Continuing to use Weystack after changes take effect means you accept them.
- You may not transfer your account or these terms without our written agreement. We may transfer them as part of a sale or reorganisation of our business.
- If any part of these terms is found unenforceable, the rest still applies.
- These terms and our Privacy Policy are the whole agreement between us about Weystack.
16. Contact
Novalitics, [REGISTERED ADDRESS], Nigeria.
Email: [SUPPORT EMAIL]