End User License Agreement (EULA)

Waiflow Software License Terms

Last Updated: February 23, 2026

1. Acceptance of Agreement

This End User License Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Waiflow ("Operator," "we," "us," or "our").

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement.

IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, DOWNLOAD, OR USE THE SOFTWARE.

2. Definitions

• "Software" means the Waiflow application, including all versions, updates, upgrades, modifications, and related documentation.
• "User" means any individual or entity that downloads, installs, accesses, or uses the Software.
• "Operator" means Waiflow and its affiliates, officers, directors, employees, agents, and representatives.
• "Message" means any message, communication, media, file, or content sent through the Software.
• "Recipient" means any individual or entity that receives a Message from the User through the Software.
• "Third-Party Services" means services provided by third parties, including WhatsApp and Meta Platforms, Inc.
• "AI Features" means any artificial intelligence or machine learning capabilities provided through the Software, including message suggestions, lead scoring, audio transcription, and automated content analysis.
• "API Access" means programmatic access to the Software via API keys, webhooks, or other automated integration methods.
• "Campaign" means any bulk or automated messaging activity conducted through the Software to multiple Recipients.
• "User Content" means any content created, uploaded, transmitted, or stored by the User through the Software, including messages, templates, media files, documents, contact data, and campaign materials.
• "Data Processing Agreement" or "DPA" means the agreement governing the processing of personal data available within the Software's account settings.

3. License Grant and Restrictions

3.1 License Grant

Subject to your compliance with this Agreement and payment of all applicable fees, the Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Install and use the Software on devices you own or control.
• Access and use the Software for your internal business purposes.
• Make copies of the Software for backup and archival purposes only.

3.2 License Restrictions

You agree NOT to:

• Sublicense, sell, lease, rent, lend, or otherwise transfer the Software to any third party.
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code.
• Create derivative works based on the Software.
• Copy, reproduce, distribute, or commercially exploit the Software without express written permission.
• Remove, alter, or circumvent any copyright or proprietary notices.
• Use the Software in any manner that violates any applicable law or regulation.

4. Subscription and Fees

4.1 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. We will send a renewal reminder at least seven (7) days before annual subscription renewals. You may cancel auto-renewal at any time through your account settings or by contacting us.

4.2 Price Changes

The Operator will provide at least sixty (60) days' written notice before implementing any price increases for existing subscribers.

5. WhatsApp Compliance Requirements

5.1 WhatsApp Terms of Service Compliance

By using the Software, you agree to:

• Comply with WhatsApp's Terms of Service at all times.
• Comply with WhatsApp's Business and Commerce Policies.
• Obtain proper consent from Recipients before sending them messages.

5.2 WhatsApp Policy Non-Abuse

You expressly agree NOT to:

• Send unsolicited messages, bulk messages, or spam through WhatsApp.
• Use the Software to automate messages in violation of WhatsApp's anti-spam policies.
• Send messages to Recipients who have not consented.
• Engage in any activity that could result in your WhatsApp account being suspended or banned.

5.3 Messaging Consent Requirements

You must obtain documented, explicit opt-in consent from Recipients before sending marketing messages. You must clearly inform Recipients of message types and frequency, provide an easy opt-out mechanism, and maintain consent records. Failure to obtain proper consent may result in WhatsApp account suspension and termination of this Agreement.

6. Prohibited Content and Activities

6.1 Prohibited Content

You agree NOT to use the Software to create, send, store, or share:

• Pornographic, sexually explicit, or adult content.
• Content that exploits or harms minors.
• Violence, hate speech, discrimination, or hatred.
• Illegal goods, services, or activities (drugs, weapons, counterfeit goods).
• Fraudulent, deceptive, or misleading content.
• Malware, viruses, ransomware, or other harmful software.
• Spam, unsolicited commercial communications, or bulk messages.

6.2 User Responsibility

6.3 AI Feature Responsibilities

The Software includes AI-powered features for message suggestions, lead scoring, and audio transcription. You acknowledge that:

• AI-generated content is provided as assistance only and you must review all output before use.
• AI processing is performed using self-hosted models within our infrastructure; your data is not sent to external AI service providers.
• You are solely responsible for ensuring AI-generated content complies with applicable laws and WhatsApp policies.
• The Operator makes no warranties regarding the accuracy, completeness, or suitability of AI-generated content.

6.4 API and Webhook Usage

If you use API keys or webhook integrations, you must secure your credentials, comply with rate limits, and ensure all automated actions adhere to this Agreement and applicable policies. Misuse of API access may result in immediate revocation of API keys and suspension of your account.

6.5 Group Monitoring

You are solely responsible for ensuring you have the legal right to monitor any group conversations using the Software's group monitoring features, and must comply with all applicable privacy laws.

6.6 Campaign and Bulk Messaging

When using campaign or bulk messaging features, you must:

• Send messages only to Recipients who have opted in to receive such communications.
• Comply with all anti-spam laws (including CAN-SPAM, GDPR, and local equivalents).
• Respect the Software's built-in anti-spam protections and rate limits.
• Not attempt to circumvent messaging limits, timing controls, or account protection mechanisms.

7. Privacy, Data Protection, and User Content

The Operator collects and processes information as described in our Privacy Policy, including account information, usage data, device information, WhatsApp data, AI processing data, and User Content.

7.1 User Content License

You retain ownership of all User Content. By using the Software, you grant the Operator a limited, non-exclusive, royalty-free license to process, store, transmit, and display your User Content solely for the purpose of providing and maintaining the Software. This license terminates when you delete your User Content or your account. The Operator does not claim ownership of User Content and will not use it for any purpose other than providing the Software, except in anonymized and aggregated form for service improvement.

7.2 Security Measures

The Operator implements appropriate technical and organizational security measures in accordance with GDPR Article 32, including:

• Encryption of all data in transit (TLS 1.2+) and at rest (AES-256)
• Password hashing using bcrypt with per-user salts
• Multi-tenant data isolation at the database query level
• Role-based access controls and session management
• Rate limiting and anti-abuse protections
• Comprehensive audit logging of all sensitive operations
• Payment processing via Stripe (PCI DSS Level 1 certified); no credit card data stored on our servers

While the Operator implements industry-standard security measures, no system is 100% secure. The Operator shall not be liable for unauthorized access resulting from events beyond its reasonable control, provided it has implemented the security measures described herein and in the Privacy Policy.

7.3 Data Processing Agreement

If you process personal data of third parties through the Software, a Data Processing Agreement (DPA) is available within your account settings. The DPA governs the Operator's obligations as a data processor under GDPR Article 28, covering sub-processor disclosures, data security, breach notification, data subject rights, and audit rights.

7.4 AI Data Processing

When AI features are enabled, your message content and contact data may be processed by AI models to provide suggestions, scoring, and transcription. This processing is performed locally on self-hosted infrastructure and your data is not transmitted to external AI service providers or used for model training. You can disable AI features at any time through your account settings.

7.5 Data Breach Response

In the event of a personal data breach, the Operator will notify the relevant supervisory authority within 72 hours (GDPR Article 33) and notify affected users without undue delay where the breach poses a high risk to rights and freedoms (GDPR Article 34). Full breach notification procedures are detailed in the Privacy Policy.

8. Disclaimer of Warranties

9. Limitation of Liability

10. Indemnification

You agree to defend, indemnify, and hold harmless the Operator from claims arising from:

• Your breach of this Agreement.
• Your violation of any rights of any third party.
• Your violation of WhatsApp's Terms of Service or policies.
• Any User Content you submit or distribute.

This indemnification obligation shall survive termination of this Agreement.

10.5 Force Majeure

The Operator shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, changes to WhatsApp or Meta Platforms policies or infrastructure, third-party service unavailability, cyber attacks, power or telecommunications failures, war, or terrorism.

11. Termination

The Operator may terminate this Agreement immediately if you violate any provision, engage in illegal activities, or fail to pay subscription fees.

No refunds will be provided upon termination, except where required by applicable statutory cancellation rights.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Israel. Any dispute shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel.

EU Consumer Exception: If you are a consumer in the European Union, nothing in this Agreement deprives you of mandatory consumer protections under the law of your country of residence. Your GDPR rights apply regardless of the governing law of this Agreement.

Class Action Waiver: To the maximum extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Severability

If any provision of this Agreement is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed. The remaining provisions shall continue in full force and effect.

13.2 Entire Agreement

This Agreement, together with the Terms and Conditions, Privacy Policy, and any applicable Data Processing Agreement, constitutes the entire agreement between you and the Operator. In the event of conflict, the Terms and Conditions shall prevail except where the Privacy Policy addresses data protection matters.

13.3 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets, upon notice to you.

13.4 Notices

Notices from the Operator will be delivered via email to your registered address or via in-app notification. You are responsible for maintaining a current email address.

13.5 No Third-Party Beneficiaries

This Agreement does not create rights in any third party.

13.6 Waiver

Failure to enforce any provision shall not constitute a waiver of such provision.

14. Contact Information