Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the BYWHA platform and any related services. By creating an account or using BYWHA, you agree to these Terms. If you do not agree, please do not use the platform.

BYWHA AGENCY is the trading name of a Sole Proprietorship (Entreprise Individuelle) registered with the Trade and Personal Property Credit Register (RCCM) of Cotonou under number RB/ABC/26 A 144319. For full details, see our Legal Notice page.

BYWHA offers two distinct things:

• A self-serve platform for connecting and automating WhatsApp, Messenger, Instagram, and Telegram — you can connect your own accounts, build your own automation flows, and run your own campaigns, entirely yourself.
• An optional setup service, available for a separate one-time fee, where our team handles your initial account connection, first automation flows, and first messages. Once delivered, you are responsible for managing the platform going forward.

Purchasing a subscription does not automatically include the setup service, and purchasing the setup service does not include ongoing management — each is billed and scoped separately.

You must provide accurate, current information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at contact@bywha.com if you suspect unauthorized use of your account.

To use WhatsApp, Messenger, Instagram, or Telegram through BYWHA, you must connect your own account using one of the available methods (e.g. QR code, Meta Embedded Signup, or manual API configuration).

• Some connection methods, such as scanning a QR code or completing Meta Embedded Signup, require action on your own device or your own Meta Business account, and cannot be completed on your behalf.
• You are responsible for holding a valid WhatsApp Business Account, Meta Business account, or Telegram account, as required by the connection method you choose.
• If you purchase our optional setup service, we will guide or perform the steps that can legally and technically be done by a third party, but any step requiring your own device access, credentials, or account ownership remains yours to complete.

When using BYWHA, you agree to:

• Comply with Meta's WhatsApp Business Messaging Policy, Meta's Platform Terms, and Telegram's Terms of Service
• Only message contacts who have validly opted in to receive messages from you, where required by the channel or applicable law
• Not use the platform to send spam, unsolicited bulk messages, or misleading content
• Not use the platform for any illegal, fraudulent, or harmful purpose
• Not attempt to reverse-engineer, resell, or sublicense the platform without our written permission

We reserve the right to suspend or terminate accounts that violate these rules, or that cause our own accounts to be flagged or restricted by Meta or Telegram.

BYWHA depends on WhatsApp, Messenger, Instagram, and Telegram's official APIs and infrastructure, which we do not own or control.

• We are not responsible for outages, policy changes, feature removals, pricing changes, or account restrictions imposed by Meta, Telegram, or any other third-party platform.
• If Meta or Telegram suspends, restricts, or bans your account for policy violations, this is outside our control and outside the scope of any service guarantee we provide.
• Message delivery, read receipts, and template approval times depend on these third parties and are not guaranteed by BYWHA.

• Subscription fees are billed according to the plan you select at checkout.
• The optional setup service is billed as a separate one-time fee, quoted before you confirm the service.
• You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period, and we do not provide partial refunds for unused time unless required by law.
• We reserve the right to change our pricing, with reasonable notice provided before changes take effect for existing subscribers.

You retain ownership of your contact lists, message content, automation flows, and any data you upload or generate through the platform. We process this data only to provide the service, as described in our Privacy Policy, and do not claim ownership over it.

The BYWHA platform, its software, design, branding, and documentation are our property or licensed to us. Nothing in these Terms grants you ownership of the platform itself — only a right to use it under these Terms.

We aim to keep the platform available and reliable, but we do not guarantee uninterrupted or error-free service. Planned maintenance, technical issues, or events outside our control may cause temporary downtime.

To the maximum extent permitted by law, BYWHA is not liable for indirect, incidental, or consequential damages, including loss of business, revenue, or data, arising from your use of the platform or from third-party platform issues described in Section 6. Our total liability for any claim relating to the service is limited to the fees you paid us in the three (3) months preceding the claim.

The platform is provided "as is" and "as available." We do not warrant that the platform will meet all your requirements or be free of errors, and disclaim all warranties not expressly stated in these Terms, to the extent permitted by law.

You may stop using the platform and close your account at any time. We may suspend or terminate your account if you violate these Terms, misuse the platform, or if required to comply with Meta's or Telegram's policies. Upon termination, your right to use the platform ends immediately; provisions that by their nature should survive (e.g. ownership of your data, limitation of liability) will continue to apply.

We may update these Terms from time to time. Material changes will be communicated via the platform or by email. Continued use of BYWHA after changes take effect means you accept the updated Terms.

These Terms are governed by the Uniform Acts of the Organisation for the Harmonisation of Business Law in Africa (OHADA), which apply uniformly across its member states, without regard to conflict-of-law principles, unless mandatory consumer protection laws in your own country provide otherwise. Any dispute arising from or relating to these Terms shall be submitted to arbitration under the Arbitration Rules of the Common Court of Justice and Arbitration (CCJA) of OHADA.

Questions about these Terms? Contact us at:

Email: contact@bywha.com

Website: https://bywha.com