Terms & Conditions

By creating a SmartEngage account, verifying a WhatsApp number with us, or otherwise using the service, you confirm that you have read, understood and agree to these terms. If you are using SmartEngage on behalf of a business, you confirm that you are authorised to bind that business to these terms.

If you do not agree with any part of these terms, you must not use the service.

SmartEngage is an Official Facebook Tech Provider. We give businesses access to the WhatsApp Cloud API so they can send messages to customers who have opted in to hear from them, and we provide tooling to compose campaigns, import contacts, and view delivery analytics.

We are a technology provider. We do not sell WhatsApp itself, and your use of WhatsApp remains subject to Meta's own terms and the WhatsApp Business Messaging Policy in addition to these terms.

Access is passwordless: your identity is proved by possession of your WhatsApp number and the one-time code we send to it. You are responsible for keeping access to that number secure, and for all activity that takes place under your account.

You must give accurate account information and keep it up to date. You must tell us promptly at support@smartengage.tech if you believe your account has been accessed without your authorisation.

You may only send messages to recipients who have given you the necessary consent to be contacted on WhatsApp, and your use of the service must comply with our Acceptable Use Policy, the WhatsApp Business Messaging Policy, and all applicable law.

Sending unsolicited messages, buying or scraping contact lists, and impersonation are prohibited and put your number and your account at risk. Serious or repeated breaches may result in suspension or termination.

SmartEngage does not add any commission or markup to the official WhatsApp charges — you pay those charges, plus any subscription fee stated on your plan, and nothing more.

Fees for paid plans are billed in advance. Except where the Refund Policy applies, fees already paid are non-refundable. We will give reasonable notice before any change to your fees takes effect.

SmartEngage and its underlying software, branding and content are owned by us and our licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the service; they do not transfer any ownership to you.

The contacts, message content and campaign data you bring to the service remain yours. You grant us only the limited licence needed to host and process that data in order to provide the service, as described in our Privacy Policy and Data Processing Terms.

We work to keep the service available and reliable, but we do not guarantee that it will be uninterrupted or error-free. Delivery of WhatsApp messages also depends on Meta's platform and the recipient's network, which are outside our control.

To the fullest extent permitted by law, SmartEngage is not liable for indirect, incidental or consequential losses, or for loss of profits, revenue or data, arising from your use of the service. Nothing in these terms excludes liability that cannot lawfully be excluded.

You may stop using the service and close your account at any time. We may suspend or terminate access if you breach these terms, if required to protect the service or other users, or as required by Meta or by law.

On termination, your right to use the service ends. You may export your data before closing your account, as described in the Privacy Policy.

We may update these terms from time to time. If we make a material change, we will let you know before it takes effect. Continuing to use the service after a change means you accept the updated terms.

These terms are governed by the laws of the Republic of South Africa, without regard to its conflict-of-laws rules.

Questions about these terms can be sent to support@smartengage.tech.