Last Updated: Jan 2nd 2025

Binarybiz provides Software as a Service (SaaS) that enables our customers to store, manipulate, analyze, and transfer messages between their business systems and their customers on various messaging channels (the “Service”). A “Customer” is an entity with whom Binarybiz has an agreement to provide the Service.

This Binarybiz Terms of Service (the “Agreement”) is a contract between the Customer and Binarybiz, collectively referred to as the “Parties.” It is effective from the date the Customer signs up for a Binarybiz account through the Binarybiz website (the “Effective Date”).

By registering for a Binarybiz account, you acknowledge your understanding of these terms and enter into the Agreement on behalf of the Customer. Ensure you have the necessary authority to agree to the terms before proceeding.

If a Customer violates any terms outlined below, we reserve the right to cancel accounts or bar access without notice. If you do not agree to these terms, please refrain from using our Services.

Binarybiz may, but is not obligated to, remove Content and Accounts containing Content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating intellectual property or these Terms of Use.

Binarybiz reserves the right to refuse service to anyone for any reason at any time.

BY USING ANY ELEMENT OF THE BINARYBIZ SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS, AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE BINARYBIZ SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO BINARYBIZ THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE BINARYBIZ SOLUTION ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO BINARYBIZ THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.

Binarybiz Platform

Provisioning of the Binarybiz Platform. Subject to Customer’s compliance with the terms and conditions of this Agreement, Binarybiz will make the Binarybiz Platform available to Customer on the terms and conditions set out in this Agreement. Customer must comply with obligations under applicable terms of use for Third-Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications. Customer must ensure interoperability with the Binarybiz Platform and obtain necessary approvals and API keys for accessing messaging channels.

Modifications to the Service and Fees

Binarybiz reserves the right to modify, suspend, or discontinue the Service at any time with or without notice.
Binarybiz may change monthly/annual fees with 30 days’ notice. Fee changes will be communicated via email and reflected on the pricing page.

Binarybiz reserves the right to update and change the Terms of Service without notice. Continued use of the Service after modifications constitutes acceptance of the changes.

Trademark License

During the Term, Customer grants Binarybiz a worldwide, non-exclusive, non-transferable, and non-sub-licensable (other than to affiliates) royalty-free license to use Customer’s trademarks and logos for marketing, advertising, and promoting the Binarybiz Solution. Usage must adhere to Customer’s reasonable trademark usage guidelines.

Copyrights & Ownership

Binarybiz retains all rights, title, and interest in the Binarybiz Solution. Customer does not acquire any right, title, or interest. Customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, or disassemble any aspect of the Service owned by Binarybiz. Binarybiz claims no intellectual property rights over Customer-provided Content.

Binarybiz’s Right to Use Customer Data

Customer acknowledges Binarybiz may store, use, reproduce, modify, and transfer Customer Data, including Personal Data, for delivering Services. Binarybiz may use non-personal data for internal purposes. Customer agrees to ensure agreement from Administrative Users, Customer’s Clients, and Chat Participants on these terms.

Customer Responsibilities

Customer Accounts: Customer receives Administrator Accounts to create accounts for authorized individuals. Customer must ensure proper use, prevent sharing of accounts, and promptly report unauthorized use to Binarybiz.
Use Restrictions: Customer is responsible for activities on the Binarybiz Platform. Customer agrees not to use the platform for unlawful, offensive, or harmful purposes.

WhatsApp & Usage Policy

• Customer must adhere to WhatsApp terms & conditions.
• Compliance with WhatsApp Commerce Policy and Messaging Limits is mandatory.
• Binarybiz is not responsible for WhatsApp policy violations, and any associated charges are borne by the Customer.

WhatsApp Onboarding & Verification Terms

• WhatsApp imposes reviews, such as Facebook business verification, as prerequisites for using Binarybiz.
• Customers agree to the setup for WhatsApp Business API and will provide required documents as per WhatsApp & Facebook.

WhatsApp Message Policy

• Compliance with WhatsApp policies is essential.
• Customer may only initiate chats for transactional notifications via approved Message Templates.
• Automation is allowed during the Customer Service Window, with clear escalation paths to human agents.

Email and Web Support

Customers have access to technical support during weekdays through email support, the website chat widget, or by mailing Binarybiz.

Fees and Payment

• Fees are payable in U.S. Dollars.
• Subscription Fees are charged in advance, while usage Fees are charged at the end of each month.
• Payment is nonrefundable, and customers are responsible for additional charges (e.g., bank fees).
• Late payments may result in suspension, and a charge may apply.
• Taxes are not included in Fees, and customers are responsible for relevant taxes.

Limitation of Liabilities

• Binarybiz’s liability is limited to the total fees paid in the prior 12 months or $500 USD, whichever is lesser.
• Binarybiz is not liable for special, indirect, or consequential damages.
• Binarybiz’s third-party suppliers have no liability under this Agreement.

Term and Termination

• The Agreement is effective from the Effective Date until terminated.
• Termination for convenience requires 30 days’ notice.
• Termination for non-payment may result in service suspension.
• No refunds for terminated accounts; unpaid fees for the remainder of the Term may apply.
• Termination for cause may occur with a material breach or insolvency.
• Binarybiz will make reasonable efforts to contact customers before suspension or termination.

Refunds and Termination Charges

No refunds or credits for Fees if you terminate before the Term ends. If Binarybiz terminates, unpaid fees for the remainder of the Term are due. Termination doesn’t relieve you of fees owed for the period before termination.

Termination For Cause

Either Party may terminate with 30 days’ notice for a material breach. Termination for the other Party’s insolvency is allowed. If terminated by you due to Binarybiz’s material breach, prepaid fees for the remainder of the Term may be refunded.Binarybiz