Last updated: June 2021

Thank you for using the Woztell service!

This document (together with all documents referred to herein, as well as the referenced links) sets forth the terms and conditions governing the purchase of the Woztell service (hereinafter referred to as the “Woztell Service”).

Please read these Terms and Conditions (“Terms”) carefully before using and contracting through this website.

1. Object

We inform you in accordance with the provisions of the Spanish Act 34/2002 on Information Society Services (hereinafter “LSSI”), that the creator of Woztell is WOZTELL SANUKER, S.L., (hereinafter, “Woztell”) with registered office at Edificio de la Estación de Atocha 20, calle Méndez Álvaro Madrid 28045 (Spain), with Tax Identification Number B88356787 and registered in the Mercantile Registry of Madrid in Volume 39.065 Folio 42 Page M-694068 and contact email address support@woztell.com.

This is an agreement between the entity you represent (hereinafter “you” or “the customer”) and Woztell governing your use of the Woztell Service.

By placing an order through our platform you agree to be bound by these Terms, so if you do not agree with all the Terms you must not use and contract the services through this website.

If you have any questions regarding the Terms you can contact us through our contact channels (section 7 “Support”).

2. Woztell Service

Woztell provides omnichannel conversation services for companies through the integration of different communication channels (Whatsapp, Facebook Messenger, WebChat, WeChat, Line, etc.) with business management applications (ERPs, e-commerce, etc.).

The Woztell Service is available to its customers through licences and operates on a SaaS model. Woztell works in such a way that customer messages received and/or sent to the company (user of Woztell services) through any communication channel (listed on woztell.com) reach the company’s unique database – enterprise software, where assigned agents manage these conversations.

Any user ID, password and Authtoken you may have for the Woztell Service is confidential and must also be kept confidential.

The Woztell Service brings significant value to a company’s operations, such as centralised management of all customer communications, a single data storage location, comprehensive data analysis, real-time conversation with customers, multi-agent access to customer conversations, multi-number service, real-time dashboards and reports, and as a result improved customer service and increased customer retention. However, it is important to note that the features of the Woztell Service may vary and have limits depending on each communication channel and the business software used by the company (user of the service).

All data received by the Woztell Service is processed in accordance with data protection regulations, namely in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). For more details see our DPA at https://woztell.com/dpa/

3. Woztell Service contracting process

By contracting the Woztell Service, you accept these Terms and agree to pay Woztell the price of the plan or service chosen and whose information you have been able to assess and evaluate on the website prior to formalising the process of contracting the service.

Subscription to Woztell services may be contracted in Spanish and English.

The contracting process consists of two phases:

1. Purchase of the licence (Phase 1)

2. Service activation (Phase 2)

3.1 Purchase of the licence (Phase 1)

Complete information on Woztell licences, as well as prices, can be found through the link https://woztell.com/pricing/. The services included and excluded in each licence are also detailed on this page, in order to make it easier for you to find the type of licence that best suits your needs.

To purchase a licence, you must select the option “buy now”, and then select the following options:

• Select the plan of your choice.

• The type of subscription: annual or monthly.

• Region: Europe, Asia/America.

• The number of pay per use credits.

Once you have selected the different options, you will be able to see a summary of the order.

Likewise, in order to process the payment, you must enter the personal data required by means of an asterisk in the purchase form.

You must agree to the Whatsapp Business Policy, the Whatsapp Phone Number Policy, these Terms and the DPA Agreement before proceeding with the purchase of your order.

Once the order has been placed, you will receive an e-mail at the e-mail address you have provided in the purchase process form, confirming the purchase process, including the characteristics and options of the licence purchased.

Woztell informs you that it will file the electronic document in which your contract is formalised.

You will also be provided with the contractual information in advance so that you can correct if necessary, any erroneous data.

3.2 Service activation

The activation of the service may take place immediately, or it may take longer depending mainly on the time required for the various checks by the respective communication platforms and channels (i.e. Facebook and WhatsApp, WeChat, WebChat, etc.) as well as by third-party software.

In general, the estimated time for activation of the service is 3 weeks.

See the following link for more information: https://support.woztell.com/portal/en/kb/articles/setup-step-1-request-to-start-verification-processes.

4. Prices and payment methods

In the “Plans” section of our website, you can find the different plans and the rates corresponding to the different licences, as well as the services and features included and excluded in each modality.

You can also find information on the price list of WhatsApp message templates via the following link https://woztell.com/pricing/.

The price of the licences is shown by default in dollars ($ USD). If you wish to change the currency in which you wish to make the purchase, you have the possibility to change it to Euro (€ EUR), by selecting this option.

Once you have selected the characteristics of the licence you wish to purchase (see section 3.1 of these Terms), you will be able to view a summary of the order and the price in euros or dollars according to the region you have selected.

Please note that you will be able to see the final price of your purchase including taxes before processing the payment of your purchase.

In addition, the price of your order will consist of the following elements, if applicable:

1. A subscription fee for the use of the solution, the servers used, tool updates, support, etc.

2. Setup cost, which depends on the number of numbers and the plan you will use: Setup is the work carried out by our team to register your subscription. The work can be major work on servers, verification, documentation, training, etc.

The cost of the setup depends on the number of numbers contracted. This is shown at the time of contracting at the following link  https://subscriptions.woztell.com/index.php?plan=starter

3. Pay per use credits: deposit to pay for the price of templates, extra agents, extra monthly active users and possible administrative costs. Please visit the following link to learn more: https://devwoztell.factoryofsoftware.com/pricing/.

The administrative costs must be paid when Woztell carries out actions that are not included in this contracting process.

Woztell accepts the following payment methods:

• Payment by credit/debit card (Visa, MasterCard, American Express, etc.).

• Only payment by bank transfer will be accepted for the purchase of annual subscriptions to the service. You can enquire about annual payment with our pre-sales team here.

To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer. However, if the credit card issuer does not authorise payment, we will not be liable for any loss or damage and will not be able to enter into any contract with you.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Likewise, Woztell informs you of the following regarding the consumption of the pay per use credit and charges made in connection with the Service:

• When 80% of the pay per use credit consumption is reached, Woztell will charge the same purchased pay per use credit voucher in order to avoid interruptions in the service. Once the pay per use credit has been automatically charged, the customer will receive the corresponding invoice for the new pay per use credit voucher at the e-mail address provided.

We inform you that Woztell will not inform the customer in advance of the consumption status of the credits per use.

Woztell reserves the right to automatically charge a new pay per use credit voucher once 80% of the pay per use credit consumption has been reached.

• In the event that Woztell is unable to proceed with the collection of the corresponding amount for reasons, among others, related to lack of credit, expiry of the bank card, theft, etc., once the user has reached 100% of the pay per use credit, Woztell will block the User from sending templates, incoming communications from new extra users and communications from new extra agents.

In the event of failure to resolve the non-payment of the subscription within seven (7) days from the renewal date, after warning the customer by e-mail, Woztell will automatically terminate the user’s subscription to the Service, in accordance with the provisions of section three (3) of these Terms and Conditions.

Likewise, the customer is responsible for the use of the bank card for the following:

• Check that you have activated the (online) payment option for online and international payment services on your bank card.

• Verify that the bank card has sufficient funds to be able to pay the amounts that Woztell will charge for the Service.

In any case, you warrant that you are authorised or are the holder to use the selected payment method.

For more information, we recommend that you read the FAQs available at https://support.woztell.com/portal/es/kb/articles/preguntas-frecuentes-suscripci%C3%B3n.

We also inform you that the payment of the Woztell Service (in any of its modalities) cannot be “paused” by not using the service for a certain period of time. In this case, you will only be obliged to pay the monthly amount corresponding to the licence purchased. However, if you do not use the service, you will not have to pay the amount of the credit per use credit.

4. Duration

The Woztell Service is a pay-per-use service (monthly or yearly) according to the contracted plan, so you can make changes in your plan, as well as unsubscribe from the service.

Please note that the monthly or annual licence is automatically renewed on a monthly or annual basis.

To stop using the Woztell Service you must send an email to support@woztell.com from the email address you used to subscribe to Woztell seven (7) days prior to the next renewal and your subscription to the service will be stopped.

Once you cancel the subscription of the Woztell licence, in any of its modalities, the licence, you will have to go through the purchase and verification process again (see section 3), given that the Service cannot be suspended and then reactivated again.

5. Refunds and returns.

We inform you that given that the contract is made between companies, the right of withdrawal provided for in the Spanish Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the Act for the Defence of Consumers and Users and other complementary laws (TRLGDCU) does not apply.

In consideration of the above, once the licence fee has been paid in accordance with section 4 of these Terms, Woztell will not accept a refund of the total amount paid or of any of the elements of which the licence fee is composed.

The refund will be made via Stripe.

In case of refund by bank transfer, all costs are to be satisfied by the customer.

5.1 Conditions of refund in case of rejection of the verification process by the relevant platforms.

Notwithstanding the foregoing, in the event that WhatsApp or Facebook or any other communication channel platform or third party software rejects the verification, preventing the full use of the Service, and therefore proceeding to its cancellation, Woztell will refund the amount of the subscription, as well as the credit for use.

However, Woztell will not refund the amount corresponding to the cost of the set up of the Service.

Refunds will be made to the bank card number you used to make the purchase or to the account number through which you placed the order, within approximately two weeks of confirmation of the non-approval of the verification process.

5.2 Refund conditions in the event of cancellation or termination of the Service

• Regarding unused pay per use credits: No refund will be made for amounts less than €20/$20. If this amount is exceeded, unused pay per use credits will be refunded in full by Woztell.

• If the subscription is monthly and/or cancelled in the middle of the period, Woztell will not refund the licence fee for the period not used.

• In the event that you have subscribed and paid for an annual licence and wish to cancel said subscription before the annual period has elapsed, you must pay Woztell for the months in which you have enjoyed the service, applying for the payment of said months the rate foreseen for the monthly licence which can be consulted through the following link https://woztell.com/pricing/.

In the event of a cancellation of the annual plan, the support team will record the current month as the end of your service. You will be disconnected on the day of the month in which you signed up; as a general rule, the support team will notify you of your disconnection date. The setup cost will not be refunded in any case, whether the service is cancelled by customer request or because Whatsapp, Facebook or other communication channel provider, or third party software does not approve the applicant (Woztell customer) to use their products/services according to their usage policies and other conditions. For more details please consult our knowledge base at https://support.woztell.com/portal/en/kb/articles/procedure-to-unsubscribe.

6. Support

Woztell provides standard support to its customers in writing via email.

Standard support working hours are Monday to Friday from 9.00 to 18.30 h CET. The response time is 24 working hours. You can submit a support ticket from the https://support.woztell.com/portal/en/home dashboard or by sending an email to support@woztell.com.

Before submitting a ticket, please refer to the knowledge base articles related to your request https://support.woztell.com/portal/en/kb.

You will also find a chat service on the website through which you can also contact us.

7. Divisibility

If any provision of these Terms is held invalid under any applicable law, such provisions shall be eliminated without affecting the remaining provisions herein.

8. Variation and updating of the Terms and Conditions

WOZTELL may review and update these Terms at any time as it deems appropriate by prior notice via email to your email account with which you subscribed to Woztell.

Modifications will be effective upon posting of such updated Terms at this location or the modified policies or additional terms on the applicable Service. The continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and any modifications.

In addition, these Terms constitute the entire agreement between Woztell and you in relation to your use of the Woztell service and supersede all prior agreements and understandings.

9. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Spain, and you submit to the jurisdiction of the courts of Valencia city (Spain) for the resolution of any dispute, waiving any other jurisdiction that may be applicable to you.