Terms of Service

By accessing beacon.logiqal.space or using the Beacon platform, APIs, or related services (the "Service"), you agree to these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

These Terms form a legally binding agreement between you (or the entity you represent) and Logiqal Space. Your use of the Service is also subject to our Privacy Policy, Cookie Policy, and, where applicable, our Data Processing Agreement. By using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these documents.

We may update these Terms from time to time. Material changes will be communicated to account owners at least 30 days before they take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

In these Terms, unless the context requires otherwise, the following definitions apply:

"Service" means the Beacon WhatsApp Business API platform, including messaging, session management, template management, webhooks, a shared team inbox, campaigns, contact management, analytics, link tracking, integrations, developer APIs, and any related documentation, support, or updates provided by Logiqal Space.

"Account" means your registered account on the Service, including your workspace, settings, API keys, and associated configuration.

"Customer Data" means all data, content, and materials that you or your users submit, upload, or transmit through the Service, including contacts, message content, media files, templates, and campaign data.

"User" means any individual who accesses or uses the Service under your Account, including your employees, contractors, and agents.

"Content" means all text, images, videos, audio, and other materials that are transmitted through the Service in the course of using the messaging features.

"Integration" means any third-party service, application, or tool that you connect to or use with the Service.

"WhatsApp" means WhatsApp LLC and its affiliates. "Meta" means Meta Platforms, Inc. and its affiliates.

Beacon provides a WhatsApp Business API platform including messaging, session management, template management, webhooks, a shared team inbox, campaigns, contact management, analytics, link tracking, integrations, and developer APIs.

Beacon is an independent product of Logiqal Space. It is not affiliated with, endorsed by, or sponsored by WhatsApp LLC or Meta Platforms, Inc. Your use of WhatsApp through the Service remains subject to WhatsApp's own Business Terms and Commerce Policy.

We may modify, update, or discontinue any part of the Service at any time. Where we make a material change to the Service, we will provide notice to account owners in advance where practical. We are not liable for any modification, suspension, or discontinuation of the Service, except as expressly set out in these Terms or a written agreement with you.

The Service may include features marked as "beta" or "experimental." Beta features are provided for evaluation purposes only and may not be reliable, complete, or free of defects. We make no warranties regarding beta features and may discontinue them at any time without notice.

You must create an Account to use the Service. You are responsible for providing accurate and complete information when creating your Account and for keeping that information up to date.

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your Account. You must notify us immediately if you suspect unauthorised access to your Account.

Access may be provisioned across multiple workspaces, roles, and permission levels. You are responsible for the access you grant to your Users and, where applicable, to your clients. You must ensure that your Users comply with these Terms.

You are responsible for implementing appropriate security measures to protect your Account, including using strong passwords, enabling multi-factor authentication where available, and limiting access to your Account to authorised Users.

We may suspend or restrict access to your Account if we reasonably believe that your Account has been compromised or is being used in breach of these Terms.

You may not use the Service to send unsolicited messages to recipients who have not opted in, to distribute unlawful, deceptive, harmful, or misleading content, to impersonate another person or business, to circumvent rate limits or platform safeguards, or to attempt unauthorised access to any part of the Service or its infrastructure.

You may not use the Service to transmit content that is defamatory, harassing, threatening, abusive, hateful, or that violates the rights of any third party. You may not use the Service to distribute malware, phishing content, or content that could damage or interfere with the operation of the Service or any connected system.

You may not use the Service to send messages that violate WhatsApp's Business Terms and Commerce Policy, including messages that are promotional in nature without proper opt-in consent, messages that contain misleading information, or messages that are designed to evade WhatsApp's systems or policies.

You are responsible for obtaining and recording valid consent from every contact you message, and for honouring opt-out requests promptly. The Service provides consent and opt-out tooling; using it correctly remains your obligation.

You may not decompile, reverse-engineer, or otherwise attempt to extract the source code of the Service or any part of it, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating access to the Service, and reporting to law enforcement authorities.

You retain all rights, title, and interest in the Customer Data you submit to the Service. We do not claim ownership over your Customer Data.

You grant Logiqal Space a limited, non-exclusive, worldwide licence to process your Customer Data solely to provide and support the Service. This licence includes the right to store, transmit, and display your Customer Data as necessary to operate the Service and to comply with your documented instructions.

We process Customer Data in line with our Privacy Policy and, where applicable, a Data Processing Agreement executed between us. The Data Processing Agreement governs the processing of personal data and forms part of these Terms.

You are solely responsible for the accuracy, quality, and legality of your Customer Data. You represent and warrant that you have all necessary rights, consents, and permissions to submit your Customer Data to the Service and to grant the licence set out above.

You may export your Customer Data at any time during the term of your agreement. On termination, you may export your Customer Data for a reasonable period, after which it is deleted in line with our retention practices as described in the Privacy Policy.

The Service, including its design, code, documentation, trademarks, and all related intellectual property, is owned by Logiqal Space. These Terms do not grant you any right, title, or interest in the Service or any of its components, except the limited right to use the Service as expressly set out in these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Service or its documentation. You may not remove, alter, or obscure any proprietary notices or labels on the Service.

If you provide feedback, suggestions, or ideas about the Service, you grant Logiqal Space a non-exclusive, worldwide, royalty-free licence to use that feedback for any purpose, including developing and improving the Service. We are not obligated to use any feedback you provide.

Your Customer Data remains your property. We will not use your Customer Data for any purpose other than providing and supporting the Service, unless you give us explicit permission to do so.

Each party agrees to keep confidential any non-public information received from the other party in connection with the Service, including business plans, technical data, pricing, and customer lists ("Confidential Information").

A party receiving Confidential Information must use it only for the purposes of performing its obligations under these Terms and must protect it with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) is lawfully received from a third party without restriction on disclosure.

A party may disclose Confidential Information if required by law, regulation, or legal process, provided that the receiving party gives the disclosing party prompt notice (to the extent permitted by law) and cooperates in any effort to obtain protective treatment.

The obligations in this section survive termination of these Terms for a period of three years.

Fees, plan scope, and billing terms are agreed in writing between you and Logiqal Space before the Service is provisioned. The specific features, usage limits, and pricing applicable to your plan are set out in your service agreement.

Fees are exclusive of all taxes, levies, and duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, and duties, except for taxes based on Logiqal Space's net income.

Charges for messaging that WhatsApp or Meta levies directly are separate from platform fees and are your responsibility unless expressly stated otherwise in your agreement.

If you fail to pay any fees when due, we may charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We may also suspend access to the Service until all outstanding fees are paid.

All fees are non-refundable except as expressly set out in your service agreement or as required by applicable law.

We reserve the right to change our fees with reasonable notice. Fee changes will take effect at the start of your next billing cycle after the notice period. Continued use of the Service after fee changes take effect constitutes acceptance of the new fees.

We work to keep the Service available and performant. We publish maintenance windows in advance where practical and will make reasonable efforts to schedule maintenance during low-traffic periods.

Availability commitments, support response targets, and escalation paths, where offered, are set out in your written agreement. If your agreement does not include specific availability commitments, we will use commercially reasonable efforts to maintain the Service.

The Service depends on WhatsApp infrastructure that we do not control. Interruptions originating upstream, including WhatsApp outages, rate limiting, or policy changes, are outside our commitments. We will make reasonable efforts to communicate the impact of upstream issues to affected customers.

We provide customer support through the channels specified in your service agreement. Support availability and response times may vary depending on your plan and the nature of the issue.

We are not responsible for any loss or damage caused by delays, failures, or interruptions in the Service that are beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, or failures of third-party telecommunications or power supply.

The Service may integrate with or provide access to third-party services, including CRMs, e-commerce platforms, helpdesk tools, and analytics providers. Your use of these third-party services is governed by their own terms and policies, not by these Terms.

We are not responsible for the availability, accuracy, or practices of any third-party services. We do not endorse and are not liable for any content, products, or services provided by third parties.

If you enable a third-party integration, you authorise us to share your Customer Data with that third party as necessary to provide the integration. You are responsible for reviewing the third party's terms and privacy policy before enabling the integration.

We may discontinue or modify any third-party integration at any time without prior notice. We are not liable for any loss or damage caused by the discontinuation or modification of a third-party integration.

We may suspend or terminate your access to the Service where we reasonably believe the Service is being used in breach of these Terms, in a way that risks harm to recipients, in a way that jeopardises our platform standing with WhatsApp or Meta, or where required by applicable law.

We will make reasonable efforts to provide notice before suspending or terminating your access, except where immediate action is required to prevent harm or legal liability. We will provide information about the reason for suspension or termination upon request.

You may terminate your use of the Service at any time in accordance with your written agreement. Termination does not relieve you of any obligation to pay outstanding fees.

On termination, you may export your Customer Data for a reasonable period. After the export period closes, we will delete your Customer Data in line with our retention practices as described in the Privacy Policy.

Sections of these Terms that by their nature should survive termination will survive, including Sections 6 (Customer data), 7 (Intellectual property), 8 (Confidentiality), 13 (Warranties and liability), 14 (Indemnification), and 16 (Governing law and disputes).

The Service is provided on an "as is" and "as available" basis except where expressly stated otherwise in a written agreement with us. To the maximum extent permitted by law, Logiqal Space disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, that the results obtained from the use of the Service will be accurate or reliable, or that any defects in the Service will be corrected.

To the maximum extent permitted by law, Logiqal Space shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or in connection with these Terms or the use of the Service, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, Logiqal Space's total aggregate liability arising out of or in connection with these Terms or the use of the Service shall not exceed the amount of fees paid by you to Logiqal Space during the twelve (12) months immediately preceding the event giving rise to the liability.

The limitations in this section apply to the fullest extent permitted by applicable law, regardless of whether the claim is based on contract, tort, strict liability, or any other theory.

You agree to indemnify, defend, and hold harmless Logiqal Space and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; (d) your violation of applicable law, including data protection law; or (e) your violation of any third-party rights, including intellectual property rights.

You agree to cooperate with Logiqal Space in the defence of any claim subject to this indemnification. Logiqal Space reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree not to settle any matter without our prior written consent.

Logiqal Space agrees to indemnify, defend, and hold harmless you from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from a claim that the Service, as provided by Logiqal Space and used in accordance with these Terms, infringes any third-party intellectual property rights. This indemnification does not apply to claims arising from: (a) your Customer Data; (b) your use of the Service in combination with products or services not provided by Logiqal Space; (c) modifications to the Service not made by Logiqal Space; or (d) your use of the Service after Logiqal Space has provided a non-infringing alternative.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the party's reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government actions, power failure, internet or telecommunications failures, or failures of third-party hosting or infrastructure providers.

A party affected by a force majeure event must promptly notify the other party of the event and its expected duration, and must use commercially reasonable efforts to mitigate the effects of the event and resume performance as soon as practicable.

If a force majeure event continues for more than 90 days, either party may terminate these Terms upon written notice to the other party.

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Logiqal Space is established, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall first be addressed through good-faith negotiations between the parties. Either party may initiate negotiations by providing written notice to the other party.

If the parties are unable to resolve a dispute through good-faith negotiations within 30 days of the initial notice, either party may submit the dispute to the courts of competent jurisdiction in the jurisdiction in which Logiqal Space is established.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief to prevent irreparable harm pending the resolution of a dispute.

Severability: if any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire agreement: these Terms, together with the Privacy Policy, Cookie Policy, and any applicable Data Processing Agreement and service agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

Assignment: you may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Logiqal Space. Logiqal Space may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Waiver: no failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof.

Independent contractors: the relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.

Notices: any notice required or permitted under these Terms shall be in writing and shall be delivered to the other party through the contact details provided in the Account or through the contact form on the Beacon website. Notices shall be deemed received when delivered.

Questions about these Terms can be sent through the contact form on this site or to the account contact provided to you by Logiqal Space. We will respond to your enquiry within a reasonable timeframe.