This is a translation provided for convenience. In case of any conflict, the Portuguese version prevails.

These Terms of Use govern access to and use of the d-api.cloud website and of the platform and services offered by D-API (CNPJ 40.925.787/0001-17), hereinafter "D-API", "we" or "our".

By accessing the website or using our services, you (the "User" or "Customer") declare that you have read, understood and fully agreed to these Terms and to our Privacy Policy. If you do not agree, do not use the website or the services.

1. Description of the service

D-API provides an infrastructure platform for integrating with WhatsApp, including a REST API, SDK, control panel, webhooks, integrations with third-party tools (such as n8n, Datacrazy CRM, RabbitMQ and S3) and management of multiple instances.

D-API is not affiliated with, sponsored by or endorsed by Meta Platforms, Inc. or WhatsApp. "WhatsApp" is a registered trademark of Meta. Our services operate in compliance with the WhatsApp Business Solution Policy and other applicable policies.

2. Registration, account and eligibility

Registration is intended for individuals over 18 years of age and for duly incorporated legal entities.
The User agrees to provide true, complete and up-to-date information, and to keep it so throughout the contractual relationship.
The User is responsible for safeguarding their access credentials and for all activity carried out in their account.
D-API may refuse registrations and suspend or terminate accounts that violate these Terms, applicable law or Meta/WhatsApp policies.

3. Plans, billing and trial period

Prices and features of each plan are described on the Pricing page and may be revised with 30 days’ prior notice.
3-day free trial, no credit card required, under the advertised conditions.
Billing is recurring per contracted instance. The default billing cycle is monthly.
Failure to pay by the due date may result in suspension of the instances and, after the grace period, termination of the account.
There is no cancellation fee. Amounts already paid for unused periods are reviewed according to the contracted plan.

4. Acceptable use

The User agrees to use the platform ethically, lawfully and in compliance with Meta/WhatsApp policies. The following are expressly prohibited:

Sending SPAM, unsolicited bulk messages, chain messages or abusive content;
Engaging in fraud, phishing, social engineering or any unlawful act;
Distributing malware, viruses or content that compromises the security of third parties;
Violating third parties’ intellectual property, image, honor or privacy rights;
Selling products or services prohibited by the WhatsApp commerce policies (weapons, drugs, unauthorized gambling, explicit sexual products, among others);
Contacting WhatsApp users without proper opt-in, as required by Meta’s policy;
Attempting to circumvent technical limits, reverse engineer, decompile or interfere with the operation of the platform;
Sharing account access with unauthorized third parties or reselling the service outside the available plans.

Violation of these rules may result in immediate suspension, account termination and civil and criminal liability, without prejudice to reports to the competent authorities and to Meta.

5. Compliance with Meta and WhatsApp

By using the D-API platform, the User agrees to comply, cumulatively with these Terms, with the following policies:

D-API reserves the right to suspend accounts involved in practices that may compromise its infrastructure or its relationship with Meta.

6. User Content and data protection

The User is the controller of the personal data they process through the platform; D-API acts as the processor of that data.
The User is solely responsible for the content of the messages sent, for the legitimacy of the recipients’ opt-in and for compliance with the LGPD, the GDPR where applicable, and other applicable laws.
D-API processes personal data in accordance with our Privacy Policy.
Upon formal request and when required by law, D-API will enter into a data processing agreement (DPA) with business Customers.

7. Availability and support

We aim for 99.9% monthly uptime, with self-healing and redundancy. Scheduled maintenance windows are announced in advance whenever possible. Support is provided by email and WhatsApp according to the contracted plan.

D-API does not guarantee that the service will be free from interruptions caused by external factors, such as WhatsApp/Meta instability, force majeure events, cyberattacks or actions of third parties.

8. Intellectual property

All content on the website and the platform, including trademarks, logos, layouts, source code, documentation, text, images and SDKs, belongs to D-API or its licensors and is protected by intellectual property laws. Reproduction, distribution or modification without express authorization is prohibited.

D-API grants the User a limited, non-exclusive, non-transferable and revocable license to use the platform and the SDK solely for the purposes set out in these Terms and in the contracted plans.

9. Limitation of liability

To the maximum extent permitted by applicable law, D-API is not liable for:

Blocks, bans or restrictions applied by Meta/WhatsApp as a result of the User’s use;
Indirect losses, lost profits or consequential damages;
Content, conduct or communications by the User or their contacts;
Unavailability caused by third parties, force majeure or acts of God.

D-API’s total liability, in any event, is limited to the amount actually paid by the User in the 3 (three) months preceding the event that gave rise to the claim.

10. Termination

The User may cancel their account at any time through the dashboard or by contacting support.
D-API may terminate or suspend accounts in the event of a breach of these Terms, non-payment or legal order.
After termination, data is retained for the periods described in the Privacy Policy and then deleted or anonymized.

11. Changes to the Terms

D-API may update these Terms to reflect changes in the service, in legislation or in the policies of partner platforms. Material changes will be communicated at least 15 days in advance by email or by a prominent notice on the website. Continued use after the changes take effect constitutes acceptance of the new version.

12. Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district where D-API has its registered office are elected to settle any disputes arising from these Terms, to the exclusion of any other, however privileged, unless otherwise required by law.

13. Contact

D-API, CNPJ 40.925.787/0001-17
Email: [email protected]
Privacy: [email protected]
WhatsApp: +55 (51) 92001-8823