(Integral Part of the General Terms and Conditions of Tublat Ltd)
Preamble
This integration (“WABuzz Integration”) constitutes an
integral and substantial part of the General Terms and Conditions of Tublat
Ltd, published at https://tublat.com/legal/general-conditions (“General Terms and
Conditions”).
It regulates in detail the provision, management,
delivery, and maintenance of automated messages and campaigns through WhatsApp
Business (hereinafter the “WABuzz Service” or simply the “Service”).
For anything not expressly regulated by this
Integration, full reference shall be made to the General Terms and Conditions.
1 Service Description
1.1 Definition of the
Service
WABuzz is a digital communication platform based on
WhatsApp Business, enabling the Customer to:
• send messages, notifications, and promotions to its contacts;
• create automated marketing campaigns;
• segment and manage contact lists;
• use message templates provided by Tublat Ltd;
• access tools for analytics and reporting on campaigns.
1.2 No Performance
Guarantee
Tublat Ltd undertakes to provide the Service with the
utmost diligence, but does not guarantee specific results in terms of:
• conversions, sales or leads generated;
• opening, reading or response rates of messages;
• economic or marketing returns.
1.3 Usage Restrictions
It is forbidden to use the Service for:
• sending unauthorised messages, spam or non-compliant mass communication;
• share illegal, offensive, defamatory or discriminatory content;
• phishing, fraud, malware or fraudulent activities;
• violations of copyright, trademarks or trade secrets.
2 Activation and
Access to the Service
2.1 Activation
Procedure
Activation of the Service shall only take place after:
• purchase of a WABuzz plan;
• verification of the identity and validity of the contacts provided;
• confirmation of compliance with privacy and electronic communications
regulations.
2.2 Rights of Tublat
Ltd
Tublat Ltd reserves the right to:
• refuse or suspend activation without obligation to provide justification;
• update, modify or temporarily suspend the Service for technical, regulatory
or security purposes;
• perform periodic checks on Service usage to verify compliance.
2.3 Customer
Obligations
The Customer warrants:
• the accuracy and truthfulness of the data provided;
• to have obtained explicit consent from recipients pursuant to applicable data
protection laws, including the UK GDPR;
• that use of the Service complies with national and UK laws, as well as
WhatsApp policies.
3 Term, Renewal and
Withdrawal
3.1 Term
The WABuzz Service has a one-year term starting from
the activation date confirmed by Tublat Ltd.
3.2 Automatic Renewal
The Service shall automatically renew for further
periods of 12 months, unless notice of cancellation is given by the Customer at
least 45 days prior to expiry, via the customer area or by registered notice to
the address of Tublat Ltd.
3.3 Customer
Withdrawal
The Customer may withdraw in advance only by written
notice.
In case of early withdrawal:
• no refund of amounts already paid shall be due;
• any remaining credits may be managed at the discretion of Tublat Ltd.
3.4 Monthly Billing
Where monthly invoicing applies, the contract remains
binding for twelve (12) months.
In case of early withdrawal by the Customer for reasons not attributable to
Tublat Ltd, the Customer shall pay the remaining fees due until expiry as well
as the amount of liquidated damages provided under Clause 10.6 of Tublat Ltd’s
General Terms and Conditions, amounting to 20% of the Contract value.
The Parties expressly acknowledge that such amount
constitutes a genuine and reasonable pre-estimate of the economic losses that
Tublat Ltd may suffer as a consequence of early termination of the contractual
relationship and does not constitute a penalty under English law.
3.5 Termination by Tublat
Ltd
Tublat Ltd may suspend or immediately terminate the
Service without notice in case of:
• breach of this document or the General Terms and Conditions;
• illegal or unauthorised use of the platform;
• risks to data security or system integrity.
4 Customer
Obligations and Liability
4.1 Lawful Use
The Customer undertakes to use WABuzz only for lawful
and ethical purposes, in compliance with the UK GDPR, UK laws and WhatsApp
Business guidelines.
4.2 Contact Data
Collection
The Customer declares to have obtained:
• the explicit consent of recipients;
• authorisation for processing of personal data under applicable regulations.
Any violation shall be the sole responsibility of the
Customer.
4.3 Indemnity
The Customer shall indemnify Tublat Ltd against any
claim, sanction or damage deriving from:
• content sent through the platform;
• violations of laws or third-party policies;
• disputes with recipients or authorities.
4.4 Duty to Cooperate
In case of audits, complaints or investigations, the
Customer undertakes to cooperate by providing information and documentation
useful to Tublat Ltd or competent authorities.
5 Liability and
Limitations of Tublat Ltd
5.1 Technical
Responsibility
Tublat Ltd provides the Service according to best
practices and communicated technical specifications, but does not guarantee:
• continuous or uninterrupted availability;
• compatibility with every device or WhatsApp version;
• specific commercial or marketing outcomes.
5.2 Exclusion of
Damages
Tublat Ltd shall not be liable for:
• direct or indirect damages, economic or data loss;
• malfunctions or suspensions caused by Meta Platforms Inc., API providers,
telephone operators or other third-party providers;
• temporary interruptions due to maintenance or updates.
5.3 Limitation of
Liability
Any compensation, where due, shall not exceed the
value of the fees paid by the Customer in the 12 months preceding the event
giving rise to the claim.
5.4 Service Provided
“As Is”
The WABuzz Service is provided “as is” and “as
available”, with no warranties of continuity, accuracy, compatibility or
absence of errors, omissions or technical imperfections.
Tublat Ltd does not guarantee that campaigns,
templates or messages will generate specific economic or marketing results.
6 Service
Modifications
6.1 Updates
Tublat Ltd may update, modify or improve the
functionalities of the Service for technical, regulatory or strategic reasons.
6.2 Notifications
Such changes shall be communicated by e-mail or
platform notification.
Continued use of the Service after notification constitutes acceptance of the
modifications.
6.3 Limitation of
Claims
No modification or update shall give rise to liability
of Tublat Ltd for commercial results differing from those expected by the
Customer.
7 Third-Party
Providers and White-Label Services
7.1 Use of External
Providers
Tublat Ltd may engage external providers, technology
partners or third-party platforms, including on a white-label basis, for
provision of the WABuzz Service (including Meta Platforms Inc., API providers,
cloud systems or messaging services).
7.2 Limitation of
Liability
The Customer acknowledges that Tublat Ltd is not
responsible for any interruptions, suspensions, cancellations or changes to the
Service caused by such providers.
7.3 No Refund or
Compensation
In such cases, no refund or compensation may be
claimed from Tublat Ltd, which may act, where possible, as intermediary with
the external provider.
7.4 Customer
Indemnity
The Customer agrees not to seek recourse against
Tublat Ltd for damages or losses deriving from services, policies or decisions
of the involved third-party providers.
8 General Provisions
8.1 Integration with
the General Terms and Conditions
This document supplements Tublat Ltd’s General Terms
and Conditions.
In case of conflict, the specific provisions relating to the WABuzz Service
shall prevail.
9 Confidentiality and
Data Protection
9.1 Confidentiality
Obligation
Both Parties undertake not to disclose, communicate or
make accessible to third parties confidential, technical, operational,
commercial or strategic information acquired during performance of this
Agreement, including system configurations, marketing strategies, contact
databases or operational logs.
9.2 Duration of
Obligation
This confidentiality obligation shall survive
termination of the Agreement and remain valid for a minimum period of five (5)
years, except for sensitive or proprietary information which shall remain
confidential indefinitely.
9.3 Processing of
Personal Data
The processing of personal data is regulated by the
following documents, which are an integral part of this Agreement:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
9.4 Data Processing
Roles
Tublat Ltd acts, depending on the circumstances, as:
• Data Processor, for data processed within the technical-operational scope of
the Service (logs, sends, analytics, reporting);
• Independent Controller, for administrative and contractual Customer data.
The Customer remains the Data Controller of the
personal data of recipients (WhatsApp contacts, leads, final customers) and
undertakes to:
• ensure lawful collection of data;
• obtain consents required under the UK GDPR and Meta policies;
• inform recipients about processing and marketing purposes.
9.5 Data Security
Tublat Ltd adopts appropriate technical and
organisational measures for data protection, including message encryption,
secure authentication and anti-abuse monitoring. However, it cannot guarantee
complete immunity from cybersecurity risks, unauthorised access or
interruptions caused by external providers.
9.6 Customer
Indemnity
The Customer shall indemnify and hold Tublat Ltd
harmless from any liability, cost or damage arising from:
• unlawful or non-compliant processing of personal data;
• sending messages without valid consent;
• violations of the UK GDPR or WhatsApp Business policies.
10 Governing Law and
Jurisdiction
10.1 Governing Law
This Integration is governed by the laws of England.
10.2 Jurisdiction
Any dispute relating to the validity, interpretation or performance of this document shall fall under the exclusive jurisdiction of the courts of London (United Kingdom), as provided in Art. 20.6 of the General Terms and Conditions.
