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Terms of Service

Last updated: June 6, 2026

Previous version available here for reference.

Summary in plain English: You can use our platform to power your own products and charge your end customers whatever you want. You're responsible for how you and your customers use the service. We comply with Meta's policies; you do too. We can suspend abusive accounts. Argentine law applies.

1. Acceptance

These Terms of Service ("Terms") govern the use of the GoSendAPI Cloud platform ("the Service"), operated by Gestic OR SA, a corporation organized under the laws of the Argentine Republic ("we", "us", "our"). By creating an account, accessing the Service, or using the API, you ("Customer", "you") accept and agree to be bound by these Terms, our Privacy Policy, and the Acceptable Use Policy referenced in Section 7. If you don't agree, don't use the Service.

2. Definitions

  • Customer: the natural or legal person that creates a project on the Service and agrees to these Terms.
  • End Customer: any third party to whom the Customer provides products or services that incorporate the Service. End Customers are NOT parties to these Terms.
  • Recipient or End User: the natural person who receives a WhatsApp message sent through the Service.
  • WABA: WhatsApp Business Account registered with Meta.
  • Tech Provider: status granted by Meta to provide WhatsApp Business Cloud API services to third parties. Gestic OR SA holds this status.
  • Embedded Signup: Meta-provided flow allowing End Customers to connect their WABA from within the Customer's application.
  • Plan: subscription tier (Sandbox, Starter, Growth, Scale, Enterprise) selected by the Customer.
  • Pool: the monthly allowance of messages (inbound + outbound) included in the Plan.
  • AUP: Acceptable Use Policy, available at our website, that forms part of these Terms.

3. Service description

GoSendAPI Cloud is a multi-tenant software platform that allows Customers (SaaS companies, agencies, integrators, internal systems) to send and receive WhatsApp messages through Meta Platforms, Inc.'s WhatsApp Business Cloud API. The Service includes, among other features: REST API and SDKs, message template management, inbound and outbound webhooks, conversation tracking, WABA management, Embedded Signup, multi-environment API keys, embeddable inbox interfaces (Inbox Embeds), audit logs, and access to a web dashboard.

The Service is offered through subscription Plans with differentiated quotas and features. The detailed and updated description of each Plan is available on our pricing page.

4. Eligibility and account registration

To use the Service you must be at least 18 years old and have legal capacity to enter into binding contracts. You must provide accurate information during registration and keep your account information up to date. The use of the Service from jurisdictions subject to comprehensive sanctions by the United States, the European Union, the United Kingdom, or the Argentine Republic is not permitted.

You are responsible for the confidentiality of your access credentials (passwords, API keys, webhook secrets) and for all activity performed under your account. You must immediately notify us of any unauthorized use.

5. Plans, pricing, and billing

5.1 Plans and quotas. Each Plan defines a monthly Pool of messages, WABAs included, rate limits, and additional features. Plan details are described on our pricing page and may be updated with prior notice as set forth in Section 18.

5.2 Subscription and billing. Paid Plans are billed monthly in advance. The headline price is expressed in US dollars (USD) and billed in Argentine pesos (ARS) at the official BCRA exchange rate at the time of invoice issuance, unless otherwise agreed in writing.

5.3 Quota overage. When monthly usage exceeds the Plan's Pool, the corresponding overage applies according to the rate published on the pricing page. A soft cap of 130% of the Pool stops automatic sending until you confirm the overage or purchase an on-demand quota pack.

5.4 Quota packs and add-ons. You may purchase one-time quota packs or additional features (add-ons) from the dashboard, with prices and conditions published at the moment of purchase.

5.5 Payment methods. We accept payment by credit card (via dLocal Go), bank transfer (annual plans), or other methods notified through the dashboard.

5.6 Late payment. If we don't receive payment by the due date, we may suspend the Service after a grace period of 15 calendar days, keeping your data for an additional 30 days before deletion.

5.7 Plan changes. You may upgrade or downgrade your Plan at any time from the dashboard. Upgrades take effect immediately, applying the new quota pro-rata for the period. Downgrades take effect at the start of the next billing cycle.

5.8 Refunds. Paid Plans are non-refundable, except (i) plan changes within the first 14 days from the upgrade, pro-rated, or (ii) when refund is mandatory by applicable law.

5.9 Costs charged by Meta. Costs for messaging set by Meta (per-conversation pricing, templates, etc.) are paid directly by you to Meta through your WhatsApp Business account. GoSendAPI Cloud does NOT charge per message; we charge only the Service fee.

5.10 Cancellation. You may cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of the current billing cycle; no automatic refunds apply.

6. Compliance with Meta policies

You agree to comply, at all times, with the following Meta policies in force at any given moment:

Non-compliance with these policies — by you, your End Customers, or any party acting through your account — may result in suspension or termination of the Service without prior notice. As a Tech Provider, we are obliged to enforce compliance and to cooperate with Meta in case of investigation.

7. Acceptable use

Use of the Service is subject to our Acceptable Use Policy (AUP), available at /aup.html, which forms an integral part of these Terms. Without limiting the AUP, you may NOT:

  • Send unsolicited messages (SPAM), bulk messages without explicit opt-in, or messages violating local or international anti-spam regulations.
  • Impersonate identity or use third-party numbers, names, or brands without authorization.
  • Distribute illegal, fraudulent, defamatory, obscene content, or content infringing intellectual property rights.
  • Reverse-engineer the Service, access unauthorized infrastructure, or interfere with operation.
  • Use the Service for content prohibited by Meta's Commerce Policy (regulated substances, firearms, etc.).

We may apply automated controls (rate limiting, account suspension, throttling) when patterns consistent with abuse are detected, as detailed in Section 13.

8. End user consent (opt-in)

You are solely responsible for obtaining and maintaining the explicit consent (opt-in) from each Recipient before sending any message through the Service. Opt-in must be collected through your own channels (website forms, checkout flows, in-store collection, mobile app prompts) in compliance with applicable law and with Meta's WhatsApp Business Messaging Policy. You represent and warrant that valid, current opt-in exists for every Recipient and agree to retain records of such opt-in and to produce them at our or Meta's reasonable request. Failure to comply with this obligation is a material breach of these Terms and may result in immediate suspension of the Service.

If your business model involves End Customers using the Service, you must contractually require your End Customers to comply with this same obligation, and you remain ultimately responsible to us for compliance throughout the entire chain.

9. Reseller use and End Customers

9.1 Permitted use. You may use the Service to power your own products, applications, SaaS platforms, or services provided to your End Customers, charging the fees and using the commercial model of your choice. There is no restriction on bundling, white-labeling (where features permit), or integration into your products.

9.2 No direct relationship with End Customers. Your End Customers have NO contractual or commercial relationship with Gestic OR SA. Specifically:

  • They cannot make claims, lawsuits, or refunds against us.
  • They cannot directly contact our technical or commercial support.
  • They are not entitled to receive the Service if your account is suspended or terminated.
  • You are the sole party responsible for providing your End Customers with their own Terms of Service, Privacy Policy, support, and SLA.

9.3 Chain compliance. You are responsible for ensuring your End Customers comply with: (i) Meta's policies, (ii) our AUP, and (iii) applicable law on personal data and electronic communications. Violations by your End Customers will be treated as your own violations.

9.4 WABAs of End Customers. When you connect an End Customer's WABA via Embedded Signup, the WABA legally belongs to your End Customer. However, you operate as administrator of the connection and are responsible for the messaging activity originating from that WABA through the Service.

10. Customer data and privacy

10.1 Roles. For the purposes of personal data protection legislation: (i) you act as Data Controller (responsable de tratamiento) over the data of your End Customers and Recipients; (ii) we act as Data Processor (encargado de tratamiento) on your behalf, processing data exclusively for the purpose of providing the Service.

10.2 Compliance with regulations. We comply with Argentine Law No. 25,326 on Personal Data Protection. For Customers subject to GDPR (European Union), LGPD (Brazil), or other regulations, the Service is configured to support compliance, including the right of access, rectification, erasure, and portability.

10.3 Data Processing Agreement. Customers requiring a formal Data Processing Agreement (DPA) for international compliance reasons may request it by writing to dpa@gosendapi.com.

10.4 Privacy Policy. Detailed information about how we process personal data is available in our Privacy Policy.

10.5 Data deletion. Procedures for requesting data deletion are described at /data-deletion.html.

11. Costs charged by Meta

Costs for messaging established by Meta (price per conversation, marketing templates, utility messages, authentication, etc.) are paid directly by you (or your End Customer) to Meta through the corresponding WhatsApp Business account. Gestic OR SA acts as Tech Provider and does NOT bill conversations or messages; we only charge the Service fee according to the contracted Plan.

Meta may update its prices unilaterally. We will reflect those changes in the dashboard estimates as soon as we receive them, but we don't determine or modify Meta's prices.

12. Beta status

The Service is currently in a "Beta" phase, identified as such on the website and in the dashboard. During this phase:

  • The Service is provided "as is" without availability commitment (SLA).
  • Certain features may be added, modified, or removed with limited notice.
  • Promotional prices or free Plans may change with 30 days' notice.
  • We make reasonable efforts to maintain backward compatibility and prevent data loss.

The transition out of Beta will be communicated by email with at least 30 days' notice, including any change in applicable Plans or SLA.

13. Suspension and termination

13.1 Automated suspension triggers. To protect platform integrity, our relationship with Meta as Tech Provider, and other Customers, we apply automated controls. The following events may result in automatic actions:

  • Warning + temporary rate limit: bounce rate >10% in last 24h with significant volume, or abnormal volume spike.
  • Auto-pause of sending: bounce rate >25%, WABA quality drops to YELLOW, Meta sending us a restriction event, or unique recipients exceeding the tier's anti-spam limit.
  • Hard account suspension: WABA quality drops to RED, Meta sending a violation event, or 3 auto-pause cycles within 7 days.

13.2 Manual suspension. We may suspend or terminate the Service if: (a) you breach these Terms, the AUP, or Meta's policies; (b) required by a competent authority; (c) for documented security reasons; (d) lack of payment after the grace period set forth in Section 5.6.

13.3 Reactivation. Reactivation after an automatic suspension requires manual review of the case. We will respond to reactivation requests within a maximum of 5 business days.

13.4 Termination by you. You may cancel the Service at any time from the dashboard or by written notice. Cancellation takes effect at the end of the current billing cycle and does not generate refunds for fees already paid.

13.5 Effects of termination. Upon termination, the following clauses survive: 9 (responsibility chain), 10 (data), 14 (limitation of liability), 15 (indemnification), 16 (intellectual property), 19 (jurisdiction), and 20 (general).

13.6 Data retention post-termination. After termination we retain your data for 30 days to allow recovery or export, after which we will delete it except where retention is required by law or for legitimate auditing reasons.

14. Limitation of liability

14.1 Exclusion of indirect damages. Except in cases of willful misconduct or gross negligence, Gestic OR SA shall NOT be liable for indirect, incidental, special, consequential, or punitive damages, lost profits, loss of data, loss of business opportunity, or interruptions of the Service.

14.2 Limitation cap. Total cumulative liability of Gestic OR SA arising from these Terms, regardless of the cause, is limited to the total amount actually paid by you in the twelve (12) months prior to the event giving rise to the claim. For Customers on the free Plan (Sandbox), this limit is USD 100.

14.3 Force majeure. We shall not be liable for failures or delays caused by events beyond our reasonable control, including but not limited to: natural disasters, wars, civil unrest, pandemics, infrastructure failures of third parties (AWS, Meta, internet providers), changes in Meta's policies, or government acts.

14.4 Meta as third party. The Service depends on WhatsApp Business Cloud API operated by Meta. We are not responsible for: (i) interruptions of the Meta API, (ii) changes in policies, prices, or features unilaterally introduced by Meta, (iii) suspensions or terminations of WABAs decided by Meta.

15. Indemnification

You agree to indemnify, defend, and hold harmless Gestic OR SA, its directors, employees, and agents from any claim, demand, lawsuit, loss, damage, fine, or expense (including reasonable attorney's fees) arising from or related to:

  • Your use of the Service in violation of these Terms or applicable law.
  • Content of messages sent through your account.
  • Claims by Recipients or End Customers regarding lack of consent, fraud, abuse, illegal content, or violation of their personal data.
  • Sanctions, restrictions, or actions by Meta on the GoSendAPI Cloud platform caused by your activity or that of your End Customers.
  • Violations of third-party intellectual property in your content.

16. Intellectual property

All software, brands (including "GoSendAPI", "GoSendAPI Cloud", logos, and graphics), code, documentation, dashboard interfaces, and content of the Service are the property of Gestic OR SA or its licensors. The Customer is granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. No additional right of reproduction, redistribution, or derivative works is granted, except where strictly necessary for use of the Service for its intended purpose.

The Customer retains all rights over: (i) content of messages sent and received, (ii) data of their End Customers and Recipients, (iii) their own brand and visual identity used in white-label configurations.

17. SLA (post-Beta)

Upon transition out of Beta, the following monthly uptime commitments will apply, with corresponding credit policies, varying by Plan:

  • Sandbox, Starter, Growth: best-effort, no formal SLA.
  • Scale: 99.5% monthly uptime, with credit policy according to SLA document.
  • Enterprise: 99.9% monthly uptime, configurable according to commercial agreement.

Uptime metric is measured on the cloud.gosendapi.com API and the app.gosendapi.com dashboard. Outages caused by third parties (Meta, AWS, public networks) are not counted against SLA.

18. Modifications to the Terms

We may modify these Terms. We will notify material changes by email and through the dashboard with at least 30 calendar days' notice before they take effect. Continued use of the Service after the effective date implies acceptance of the modified Terms. If you don't accept, you may cancel the Service before the effective date, in which case you will be entitled to a pro-rated refund of fees paid for the period after the effective date.

Non-material changes (clarifications, corrections, references to URLs) may be implemented without prior notice but will be reflected in the "Last updated" date at the top.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Argentine Republic. The parties submit to the exclusive jurisdiction of the ordinary commercial courts located in the Autonomous City of Buenos Aires, expressly waiving any other venue, including the consumer's domicile if applicable.

For Customers domiciled outside the Argentine Republic, both parties confirm that they have evaluated and freely accepted submission to Argentine jurisdiction as the most efficient forum for the resolution of disputes arising from these Terms.

20. Miscellaneous provisions

20.1 Notices. Notices to you will be sent to the email registered on your account. Notices to us must be sent to legal@gosendapi.com.

20.2 Assignment. You may not assign these Terms or your account without our prior written consent. We may assign these Terms to a successor in case of merger, acquisition, or asset reorganization, notifying you with at least 30 days' notice.

20.3 Severability. If any provision of these Terms is deemed invalid or unenforceable by a competent court, the remaining provisions will retain their full validity.

20.4 No waiver. Our failure to exercise any right or provision of these Terms does not constitute a waiver of such right or provision.

20.5 Entire agreement. These Terms, together with the Privacy Policy, AUP, and other documents incorporated by reference, constitute the entire agreement between you and us regarding the Service, superseding any prior agreement on the same subject matter.

20.6 Independent relationship. Nothing in these Terms creates a relationship of partnership, joint venture, employment, or agency between you and us.

21. Contact

Gestic OR SA
General contact: contacto@gosendapi.com
Legal: legal@gosendapi.com
Data Privacy / DPA: dpa@gosendapi.com
Argentine Republic