Terms of Service

"Polymorfa", "we" and "us" mean SOFTIUM Sàrl, Rue des Musées 58, 2300 La Chaux-de-Fonds, Switzerland, UID CHE-303.047.962. "You" means the business or organization that uses Polymorfa. The person who accepts these Terms confirms that they can bind that business.

Polymorfa is a service for businesses and developers. It is not offered to consumers. If you use it on your own behalf, you do so as a sole trader or professional, and consumer-protection rules for private purchases do not apply to the contract.

These documents are part of the contract:

• the Acceptable Use Policy, which lists what you may not do with Polymorfa;
• the Data Processing Addendum ("DPA"), which applies whenever we process personal data on your behalf;
• the Refund Policy;
• the subprocessor list;
• any order form or written agreement you sign with us, such as an Enterprise agreement.

If two documents conflict, a signed order form wins, then the DPA for anything about personal data, then these Terms, then the policies. Our Privacy Policy explains how we handle personal data that we control, such as your account details.

• You must be at least 18 years old to create an account.
• Give accurate account, team and business-profile details and keep them current.
• A team is the customer account. Team owners and admins can invite members, create projects and API keys, and spend credits. Only owners can delete the team. We follow instructions from owners and admins as instructions from you.
• You are responsible for everything done with your accounts, API keys, project tokens and client credentials. Keep them secret, grant each key only the scopes it needs, and revoke keys you no longer use.
• Tell us at security@polymorfa.com as soon as you suspect a credential leak or unauthorized access. We may revoke a key that we find exposed, for example in a public repository.

Polymorfa gives you an API, a web console, SDKs, a command-line tool and related features for connecting WhatsApp numbers and sending, receiving and managing WhatsApp messages and calls (the "Service"). The documentation at docs.polymorfa.com describes each feature and its limits.

Some features are marked beta, preview or early access. We provide them as they are, they may change or end without notice, and they are not covered by any service level. Parts of Polymorfa are in a closed beta. We decide who gets access.

We change and improve the Service over time. If we remove a feature you pay for, we will give you at least 30 days' notice, except where a law, a security issue, or a change made by WhatsApp or Meta forces a faster change.

Polymorfa is independent. We are not affiliated with, endorsed by, or sponsored by WhatsApp LLC or Meta Platforms, Inc. "WhatsApp" is their trademark.

Polymorfa can connect a number in two ways: as a linked device, using the same multi-device protocol that WhatsApp Web uses, or through Meta's WhatsApp Business Platform with your own Meta credentials. In both cases WhatsApp and Meta control the network, not us. They can change the protocol, limit features, or restrict or ban a number at any time and for reasons they do not share.

• You are responsible for complying with the WhatsApp and Meta terms and policies that apply to your numbers and accounts.
• BanSafe, Safe Mode, warm-up plans and health scores estimate and reduce risk. They do not guarantee that a number will not be restricted or banned.
• Ban Insurance on eligible numbers pays out only as its published terms describe. Apart from that, we are not liable for a restriction or ban that WhatsApp or Meta imposes.
• When you message a WhatsApp user, WhatsApp and Meta process that message under their own terms and privacy policies. They are not our subprocessors.

"Customer Data" means the content and data that you or your users send to the Service or that the Service receives for you: messages, media, contacts, call records, campaign lists, webhook payloads and similar data. You keep all rights in it. You give us permission to host, copy, transmit and otherwise process Customer Data only to run, secure and support the Service for you, and as the law requires.

For Customer Data, you are the controller (in India, the data fiduciary) and we are your processor. The DPA applies automatically; you do not need to sign it separately.

You are responsible for:

• having a lawful basis, and where required the recipient's opt-in consent, for every message and call you send;
• honoring opt-out requests promptly;
• the content of your messages and any instructions your systems give the API;
• telling the people you message how you use their data, in your own privacy notice;
• choosing where your data is stored. We store it in the European Union by default; numbers in our Brazil messaging region keep their WhatsApp data in Brazil, and Enterprise customers can agree Swiss storage in writing, as the Privacy Policy explains.

We do not keep a history of the messages you send and receive. Each message event, including its text, waits in a delivery queue for up to 24 hours so your systems can collect it, and is then deleted. Media files you upload through the API to send later stay stored until you delete them.

We do not sell Customer Data. We do not use it to train AI models, and we do not use it for advertising.

Use Polymorfa only as the Acceptable Use Policy allows. In short, no spam, no messaging without consent, no fraud or phishing, no illegal content, and no attempts to break, overload or get around the Service or its limits. We may suspend a number, key, project or team that breaks it, as described in section 10.

Payment processing. We use Stripe to process payments. Polymorfa manages your credit purchases, billing settings, invoices and refunds under these Terms and the Refund Policy. Earlier purchases retain the payment terms and original provider shown for those purchases.

• A team is either on Free or Pay-As-You-Go. Free includes the projects, numbers and usage listed on the pricing page at no charge. Enterprise terms are agreed in an order form.
• Pay-As-You-Go is prepaid. You buy credits in advance, and we deduct them for numbers, usage and add-ons at the prices shown in the console and on the pricing page when the charge happens.
• Credits are not money. They have no cash value, cannot be transferred to another team, and can only be used for Polymorfa. Promotional or bonus credits expire as stated when we grant them.
• Numbers are charged per 24-hour window. If your balance cannot fund the next window, we suspend that number and keep its pairing until you add credits.
• Add-ons renew on their billing period. If a renewal payment fails, you get the recovery period shown in the console before the add-on ends.
• Prices exclude taxes. Applicable taxes are calculated and shown before you confirm your purchase.
• We may change prices. For an increase, we give Pay-As-You-Go teams at least 30 days' notice by email. Credits already bought keep their value in credits.
• If you open a chargeback or payment dispute, we may put the team on hold while we review it.

Refunds follow the Refund Policy.

We work to keep Polymorfa available and publish incidents at status.polymorfa.com. Unless you have an add-on or order form that includes a service level, we do not commit to an uptime percentage. Where a service level applies, its credits are your only remedy for missing it.

Support is available at support@polymorfa.com and in the console. Response times depend on your support add-on.

You are responsible for your own systems: the endpoints that receive our webhooks, how you store data you pull from the API, and the apps you build with our SDKs. Verify webhook signatures, handle retries and duplicate events, and keep backups of data you need to keep.

We may suspend all or part of your access if:

• you break these Terms or the Acceptable Use Policy;
• your use puts the Service, other customers, WhatsApp users or us at risk, for example a compromised key or a spam run;
• a payment fails, is reversed, or is disputed;
• a law, court or authority requires it.

We limit a suspension to what is needed, usually the affected key, number or project first. We tell you why and how to fix it, before suspending when we can and otherwise right after. We lift the suspension once the cause is fixed.

• You can stop using Polymorfa at any time. Deleting your team, or asking us in writing to close it, ends the contract for that team. If the console cannot delete a team, for example because it has billing or support history, we close it on request.
• We can end the contract for any reason with 30 days' written notice. If we do, we refund the purchase price of your remaining paid credits.
• We can end it immediately if you seriously or repeatedly break these Terms or the Acceptable Use Policy, if you do not fix a breach within 14 days of our notice, or if a law requires us to stop serving you.

After the contract ends, your access stops and unused credits lapse, except as the Refund Policy or the paragraph above says. We delete Customer Data as the DPA and the Privacy Policy describe. Export anything you need before you delete a team. Sections 5, 7 (for amounts owed), 12 to 16 and 18 continue to apply.

We own Polymorfa, including the software, the documentation and our brand. While the contract lasts, you may use the Service for your business. Our SDKs and other code we publish come with their own licenses, which apply to that code.

If you send us suggestions, we may use them without owing you anything. We will not name you as their source without your permission.

Each of us keeps the other's non-public information confidential, uses it only for this contract, and shares it only with staff, advisers and subprocessors who need it and are bound by similar duties. This does not cover information that is public through no fault of the receiver, that the receiver already had or developed independently, or that a law or authority requires the receiver to disclose. In that last case the receiver gives notice first where it is allowed to.

We will provide the Service with reasonable skill and care and as the documentation describes. Otherwise, and as far as the law allows, we provide the Service as it is and as available. We do not promise that it will be uninterrupted or error-free, that every message will be delivered, or that WhatsApp or Meta will keep allowing any feature or number.

• Neither of us is liable for indirect or consequential loss, lost profits, lost revenue, lost business or lost goodwill.
• Each party's total liability under this contract is limited to the greater of (a) the amounts you paid for the Service in the 12 months before the event that caused the claim and (b) CHF 100.
• These limits do not apply to liability for intent or gross negligence, to liability that the law does not allow us to limit, to your payment obligations, or to your obligations under section 16.
• We are not liable for delays or failures caused by events outside our reasonable control, including actions by WhatsApp or Meta, outages at network or hosting providers we do not control, and orders of authorities.

If someone brings a claim against us because of your Customer Data, the messages or calls you send, or your breach of these Terms, the Acceptable Use Policy or the WhatsApp and Meta terms that apply to you, you will cover our reasonable costs and any amounts we must pay. We will tell you about the claim promptly and let you take part in the defense.

You may not use Polymorfa if you, or anyone who owns or controls your business, is subject to sanctions under Swiss, EU, UK, US or UN law, or from a country or region subject to comprehensive sanctions. You may not use it to deal with sanctioned people.

Swiss law governs this contract, without its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply. The courts of La Chaux-de-Fonds, canton of Neuchâtel, Switzerland, have exclusive jurisdiction. We may also bring a claim in the courts where your business is registered.

Before going to court, write to us at hello@polymorfa.com. We will try to settle the dispute with you within 30 days.

We will email team owners at least 30 days before a material change takes effect and show the new effective date at the top of this page. If you do not accept the change, you can end the contract before that date. Section 11 then applies as if we had ended it, so we refund your remaining paid credits. Changes required by law or that only add features can take effect sooner.

• You may not transfer this contract without our written consent. We may transfer it to a company that takes over Polymorfa, and we will tell you.
• If a court finds a provision invalid, the rest stays in force and the invalid part is replaced by the valid provision closest to its purpose.
• Not enforcing a right is not a waiver of it.
• These Terms and the documents in section 1 are the whole agreement about the Service and replace earlier terms.
• We send notices to the email address of the team owner. You send notices to the addresses in section 21.
• The English version is binding. Translations are for convenience.

Registered in the Commercial register of the canton of Neuchâtel. See the legal notice for all contacts.