Terms of Service

1. Agreement to Terms

By accessing or using Cincht's WhatsApp Business Platform ("Service") — including our website, API, mobile applications, and related services — you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms. If you do not agree with any part of these Terms, you may not use the Service.

2. Description of Service

Cincht provides a cloud-based platform for businesses to manage WhatsApp Business communications. The Service includes:

• Shared WhatsApp inbox and team collaboration tools
• Customer CRM, contact management, and segmentation
• Broadcast campaigns and message scheduling
• No-code automation workflow builder
• AI-powered chat agents and automated bots
• Analytics, reporting, and performance dashboards
• API and third-party integrations (Shopify, WooCommerce, Zapier, and more)

The Service requires a valid WhatsApp Business API account and compliance with Meta's Business Policies and WhatsApp Commerce Policy.

3. Eligibility & Account Registration

To register for and use the Service, you must:

• Be at least 18 years of age, or have verifiable parental or guardian consent
• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information as necessary
• Keep your account credentials secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account at security@cincht.com

We reserve the right to suspend or terminate accounts that provide false or misleading information, or that violate these Terms.

4. Acceptable Use

You may use the Service only for lawful business purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, national, or international laws or regulations
• Infringe on the intellectual property rights of Cincht or any third party
• Send unsolicited messages (spam), engage in phishing, or conduct fraudulent activities
• Transmit viruses, malware, ransomware, or any other harmful or malicious code
• Attempt to gain unauthorised access to the Service, its servers, or related systems
• Violate Meta's WhatsApp Business Policy, Commerce Policy, or any other applicable Meta policies
• Use the Service to harass, threaten, or harm any individual or group
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Scrape, mine, or harvest data from the Service without our express written consent

Violation of these restrictions may result in immediate suspension or termination of your account and may expose you to legal liability.

5. Payment Terms

5.1 Subscription Fees

Subscription fees are billed in advance on a monthly, quarterly, or annual basis depending on your selected plan. All fees are quoted and billed in USD unless otherwise stated.

5.2 WhatsApp Message Costs

In addition to subscription fees, Meta charges per-conversation fees for WhatsApp Business API usage. These costs are passed through to you at cost and charged separately based on actual usage.

5.3 Refunds

All subscription fees are non-refundable except as expressly required by applicable law or as stated in our refund policy. We do not provide refunds for partial months or unused periods.

5.4 Pricing Changes

We reserve the right to change our pricing with at least 30 days' written notice to you. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.5 Taxes

You are responsible for all taxes applicable to your use of the Service, excluding taxes on Cincht's net income.

6. Intellectual Property

The Service, including its original content, design, features, codebase, and functionality, is owned by Cincht and protected by copyright, trademark, patent, and other intellectual property laws.

You retain full ownership of all content you create using the Service — including message templates, contact data, automation flows, and campaign assets. By using the Service, you grant Cincht a limited, non-exclusive, royalty-free licence to use, store, copy, and process your content solely as necessary to provide the Service to you.

You may not use the Cincht name, logo, or other trademarks without our prior written consent.

7. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process your data in accordance with applicable data protection regulations including GDPR, CCPA, and other regional requirements.

For enterprise customers, a Data Processing Agreement (DPA) is available upon request. Contact privacy@cincht.com.

8. Service Availability

We target 99.9% platform uptime and strive to maintain uninterrupted access to the Service. However, we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance (communicated in advance where possible)
• Emergency maintenance or critical security patches
• Events beyond our reasonable control (force majeure)
• Meta/WhatsApp API outages or policy changes

9. Third-Party Services

The Service integrates with third-party services including Meta (WhatsApp), Stripe, Paystack, Flutterwave, Shopify, and others. Your use of these integrations is subject to each provider's own terms and privacy policies. Cincht is not responsible for the availability, accuracy, or reliability of any third-party service.

10. Termination

Either party may terminate these Terms at any time. You may cancel your subscription at any time through your account settings or by contacting our support team.

We may terminate or suspend your account immediately, without prior notice or liability, if you violate any provision of these Terms or if we are required to do so by law. Upon termination, your right to access and use the Service will immediately cease. We will retain your data for 30 days following termination, after which it will be permanently deleted unless required to be retained by law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cincht, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages — including without limitation, loss of profits, data, goodwill, or business interruption — arising from your use of, or inability to use, the Service.

Our total aggregate liability to you for all claims arising from or related to these Terms or the Service shall not exceed the total amount paid by you to Cincht in the twelve (12) months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cincht and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email and by posting a notice on the Service at least 30 days before the changes take effect. Continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

15. Contact

If you have any questions about these Terms, please contact our legal team: