Terms of Service
1. Acceptance of Terms
By creating an account or using Evenza Send ("the Platform"), you ("Client", "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
These Terms form a legally binding agreement between you and Evenza (the operator of send.evenza.net).
2. Description of Service
Evenza Send is a multi-tenant SaaS platform that enables businesses to:
- Send WhatsApp campaigns via Meta's WhatsApp Business API
- Send SMS campaigns via licensed gateway providers
- Send Email campaigns via email service providers
- Manage contacts, templates, and messaging workflows
We act as a Technology Provider on Meta's WhatsApp Business Platform. Use of WhatsApp features is additionally governed by Meta's own Terms of Service and Business Policy.
3. Account Registration & Security
3.1 Eligibility
You must be at least 18 years old and have authority to bind your business to these Terms.
3.2 Account Security
- You are responsible for maintaining the confidentiality of your credentials
- You must notify us immediately of any unauthorized access at support@evenza.net
- We are not liable for losses resulting from unauthorized use of your account
3.3 Accurate Information
You agree to provide accurate, current, and complete information during registration and to keep it updated.
4. Acceptable Use Policy
4.1 Permitted Use
You may use Evenza Send only for lawful business communications to contacts who have explicitly consented to receive messages from you.
4.2 Prohibited Activities
You must NOT use Evenza Send to:
- Send spam, unsolicited messages, or bulk messages to contacts who have not opted in
- Send messages that violate Meta's WhatsApp Business Policy
- Send content that is illegal, fraudulent, defamatory, or harmful
- Send messages containing adult content, gambling, weapons, or regulated substances without proper authorization
- Impersonate any person or business
- Violate any applicable law or regulation
- Attempt to circumvent usage limits, billing, or security measures
- Resell or sublicense the Platform without our written consent
4.3 WhatsApp-Specific Rules
- You must comply with Meta's WhatsApp Business Policy at all times
- Only use Meta-approved message templates for business-initiated conversations
- Maintain a high message quality rating
- Respect Meta's 24-hour customer service window rules
4.4 Contact Consent
You represent and warrant that all contacts in your lists have given explicit, verifiable consent to receive messages from your business. You are solely responsible for maintaining consent records.
5. Plans, Billing & Payments
5.1 Subscription Plans
We offer Free, Starter, Growth, and Scale plans. Plan features and limits are described on our Pricing page and are subject to change with 30 days notice.
5.2 Billing
- Paid plans are billed monthly or yearly as selected
- Payments are due at the start of each billing period
- Overage charges apply when you exceed your plan's included credits
5.3 Payment Methods
We accept online payments (Stripe, Safepay, PayPal) and local payments (JazzCash, EasyPaisa, Bank Transfer).
5.4 Refunds
- Online payments: Refund requests within 7 days of payment will be considered on a case-by-case basis
- Local payments: No refunds after plan activation
- We do not refund unused credits or partial months
5.5 Suspension for Non-Payment
Accounts with overdue payments may be suspended. Data is retained for 30 days after suspension before deletion.
6. Intellectual Property
6.1 Our IP
The Evenza Send platform, including its software, design, and documentation, is owned by Evenza and protected by intellectual property laws.
6.2 Your Content
You retain ownership of your contact data, message content, and campaign materials. By using the Platform, you grant us a limited license to process this content solely to provide the service.
7. Data & Privacy
Your use of the Platform is subject to our Privacy Policy. You agree to our data practices as described therein.
As a data controller for your contacts' information, you are responsible for ensuring your data collection and messaging practices comply with applicable privacy laws.
8. Service Availability & SLA
- We target 99% uptime but do not guarantee uninterrupted service
- Planned maintenance will be announced in advance where possible
- We are not liable for downtime caused by Meta's WhatsApp API, SMS gateway providers, or other third-party services
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Evenza's total liability to you shall not exceed the amount you paid us in the 3 months preceding the claim
- We are not liable for indirect, incidental, special, or consequential damages
- We are not liable for message delivery failures caused by Meta, SMS carriers, or email providers
- We are not liable for your violations of Meta's policies resulting in account restrictions
10. Indemnification
You agree to indemnify and hold Evenza harmless from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Platform in violation of these Terms
- Your violation of any third-party rights
- Your messaging content or contact list management practices
- Your violation of Meta's WhatsApp Business Policy
11. Termination
11.1 By You
You may cancel your account at any time from Settings → Billing. Cancellation takes effect at the end of the current billing period.
11.2 By Us
We may suspend or terminate your account immediately if:
- You violate these Terms or Meta's policies
- Your account poses a risk to our platform or other users
- Required by law
11.3 Effect of Termination
Upon termination, your access is revoked. Your data is retained for 30 days then permanently deleted, except where longer retention is required by law.
12. Modifications to Terms
We may update these Terms at any time. We will notify you via email at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.
13. Governing Law & Disputes
These Terms are governed by the laws of Pakistan. Any disputes shall first be attempted to be resolved amicably. If unresolved, disputes shall be subject to the jurisdiction of courts in Pakistan.