1. Acceptance of Terms
Welcome to SoftPitch. By accessing or using the SoftPitch platform, website, API, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our Service.
If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" or "your" refers to such entity.
If you do not agree to these Terms, you must not access or use our Service. We reserve the right to update or modify these Terms at any time. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. Description of Service
SoftPitch provides a Software-as-a-Service (SaaS) platform that enables businesses and developers to integrate and interact with the WhatsApp Business API. Our Service includes:
• API access for sending and receiving WhatsApp messages programmatically
• Dashboard and management tools for monitoring API usage and analytics
• Webhook configuration and message routing infrastructure
• Developer tools, documentation, and technical support
• Account management and billing features
SoftPitch is an independent technology service provider. We are not affiliated with, endorsed by, or a subsidiary of Meta Platforms, Inc. Use of WhatsApp through our platform is also subject to Meta's WhatsApp Business Terms of Service.
3. Account Registration and Security
3.1 Account Creation
To use our Service, you must register for an account by providing accurate, current, and complete information as prompted by the registration form. You agree to update your information promptly to keep it accurate and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your API keys, passwords, and access tokens. You agree to:
• Not share your account credentials with any third party
• Use strong, unique passwords for your account
• Notify us immediately at info@SoftPitch.shop of any unauthorized use of your account
• Ensure that you log out from your account at the end of each session
SoftPitch will not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.3 Account Eligibility
You must be at least 18 years of age to create an account and use our Service. By registering, you represent and warrant that you meet this age requirement and that all information you provide is truthful and accurate.
4. Acceptable Use Policy
4.1 Permitted Uses
You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include legitimate business communications, customer support, notifications, marketing (with proper consent), and transactional messaging via the WhatsApp Business API.
4.2 Prohibited Uses
You agree NOT to use the Service to:
• Send spam, unsolicited messages, or bulk messages to users who have not opted in
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene
• Violate any applicable laws or regulations, including data protection and anti-spam laws
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Distribute malware, viruses, or any other malicious code
• Attempt to gain unauthorized access to our systems, networks, or user data
• Use automated tools to scrape, crawl, or extract data from our platform without authorization
• Violate Meta's WhatsApp Business Policies or any applicable third-party terms
• Engage in any activity that could damage, disable, or impair the performance of the Service
• Resell or sublicense the Service without our express written permission
SoftPitch reserves the right to suspend or terminate your account immediately if you engage in any prohibited activities.
5. Subscription Plans and Billing
5.1 Subscription Plans
SoftPitch offers various subscription plans with different features and usage limits. Details of current plans and pricing are available on our website. We reserve the right to modify, add, or discontinue subscription plans at any time with reasonable notice.
5.2 Payment
By subscribing to a paid plan, you authorize SoftPitch (or its payment processor) to charge your designated payment method for the applicable fees. All fees are stated in US Dollars unless otherwise specified and are exclusive of any applicable taxes.
5.3 Billing Cycle
Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
5.4 Refunds
All fees paid are non-refundable except as required by applicable law or as expressly stated in our Refund Policy. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period.
5.5 Late Payments
If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Service. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
6. API Usage and Limits
6.1 API Rate Limits
Your use of the SoftPitch API is subject to rate limits as specified in your subscription plan. Exceeding these limits may result in throttling, additional charges, or temporary suspension of API access. We reserve the right to adjust rate limits to maintain service quality for all users.
6.2 API Keys
API keys issued to you are for your exclusive use. You must not share, sell, or transfer API keys to third parties. You are fully responsible for all activities that occur using your API keys. If you believe your API key has been compromised, you must revoke it immediately and contact us.
6.3 Fair Use
You agree to use the API in a fair and reasonable manner. SoftPitch reserves the right to limit or suspend API access if usage is deemed abusive, causes degradation of service quality, or violates these Terms.
7. WhatsApp Policy Compliance
Your use of the WhatsApp Business API through our Service must comply with Meta's WhatsApp Business Policy and all applicable WhatsApp guidelines. This includes but is not limited to:
• Obtaining proper opt-in consent from end users before sending messages
• Honoring opt-out requests promptly and maintaining suppression lists
• Using approved message templates for outbound notifications
• Not engaging in prohibited messaging categories as defined by WhatsApp policies
• Maintaining message quality ratings as required by Meta
You acknowledge that violations of WhatsApp's policies may result in the suspension or permanent ban of your WhatsApp Business Account by Meta, for which SoftPitch bears no responsibility.
8. Intellectual Property
8.1 Our Intellectual Property
The Service, including all software, algorithms, interfaces, documentation, trademarks, logos, and content provided by SoftPitch, is and remains the exclusive property of SoftPitch and its licensors. Nothing in these Terms grants you any right, title, or interest in or to our intellectual property.
8.2 Your Content
You retain all ownership rights to the content and data you transmit through our Service ("Your Content"). By using the Service, you grant SoftPitch a limited, non-exclusive, royalty-free license to process, store, and transmit Your Content solely as necessary to provide the Service.
8.3 Feedback
If you provide any feedback, suggestions, or ideas regarding the Service, you grant SoftPitch the right to use such feedback without any obligation to compensate you. SoftPitch shall own all right, title, and interest in and to any improvements made based on your feedback.
9. Data Protection and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
As a data controller for the personal data of your end users, you are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) where applicable.
SoftPitch acts as a data processor on your behalf when processing the personal data of your end users. We will process such data only in accordance with your instructions and our Data Processing Agreement (DPA), available upon request at info@SoftPitch.shop.
10. Service Availability and Uptime
10.1 Service Availability
SoftPitch strives to maintain high availability of the Service. However, we do not guarantee uninterrupted, error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control.
10.2 Scheduled Maintenance
We will endeavor to provide advance notice of scheduled maintenance windows that may result in Service downtime. Maintenance notices will be posted on our status page and/or sent via email to registered account holders.
10.3 Service Level Agreement
Specific uptime guarantees, if applicable to your subscription plan, are set forth in a separate Service Level Agreement (SLA). In the absence of a specific SLA, SoftPitch does not warrant any particular level of availability.
11. Disclaimers and Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOFTPITCH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will meet your specific requirements
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any results obtained through the Service
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTPITCH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from your reliance on the Service or any content obtained through the Service
IN NO EVENT SHALL SOFTPITCH'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SOFTPITCH IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).
The limitations above apply regardless of the theory of liability (contract, tort, negligence, or otherwise), even if SoftPitch has been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless SoftPitch and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations
• Any content you transmit through the Service
14. Termination
14.1 Termination by You
You may terminate your account at any time by contacting us at info@SoftPitch.shop or through your account settings. Termination will take effect at the end of your current billing period. No refunds will be issued for the remaining portion of any prepaid subscription period.
14.2 Termination by SoftPitch
SoftPitch reserves the right to suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for:
• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Conduct that we believe is harmful to other users, third parties, or our business
• Requests by law enforcement or government agencies
• Extended periods of account inactivity
14.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. SoftPitch may delete your account data after termination in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, disclaimers, indemnity, and limitations of liability.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts.
15.2 Dispute Resolution
Before initiating any formal legal proceedings, you agree to first contact SoftPitch at info@SoftPitch.shop to attempt to resolve the dispute informally. SoftPitch will attempt to resolve the dispute within 30 days of receiving written notice.
15.3 Arbitration
If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with applicable arbitration rules, rather than in court, except that you may assert individual claims in small claims court if they qualify.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SoftPitch with respect to the Service and supersede all prior agreements, understandings, and negotiations.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
16.3 Waiver
The failure of SoftPitch to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of SoftPitch.
16.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without the prior written consent of SoftPitch. SoftPitch may assign these Terms, in whole or in part, without restriction.
16.5 Force Majeure
SoftPitch shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, riots, natural disasters, government actions, Internet outages, or third-party service failures.
16.6 Notices
All notices to SoftPitch should be sent to info@SoftPitch.shop. SoftPitch may send notices to you via the email address associated with your account or through in-app notifications. Notices are effective upon sending.
17. Contact Information
If you have any questions about these Terms of Service, please contact us: