Terms of Service

These Terms of Service ("Terms") govern your access to and use of SharpTXT, operated by SeeSharp Solutions of Kuala Lumpur, Malaysia ("SeeSharp", "we", "us"). By creating an account or using the platform, you agree to these Terms on behalf of the business you represent ("you", "Customer"). If you do not agree, do not use the platform.

Our Privacy Policy forms part of these Terms, as does Schedule 1 (Data Processing Addendum) at the end of this page, which governs our handling of personal data on your behalf.

1. What SharpTXT is

SharpTXT is a multi-tenant WhatsApp messaging platform provided in two forms:

Cloud API - connectivity through Meta's official WhatsApp Business Platform, established by Embedded Signup against your own WhatsApp Business Account.
WaWeb - connectivity established by linking a WhatsApp account as a linked device, using a QR code.

Section 4 sets out the risks specific to WaWeb. Read it before you link a number.

2. Your account and your team

You must be at least 18 years old, represent a genuine business, and be authorised to bind that business. SharpTXT is licensed for commercial use, not for personal or political messaging.

You are responsible for your account, for the credentials of everyone you invite to your team, and for everything done through your account, whether or not you authorised it. Tell us promptly at info@seesharpsolutions.com if you believe your account has been compromised.

3. Your data, and who is responsible for it

You own the contacts, messages, media, and other content you put into or generate through the platform ("Customer Data"). You grant us a non-exclusive licence to host, process, and transmit Customer Data solely to provide the platform to you, to support you, and to comply with the law.

You are the data controller for Customer Data and we are your processor. That means you are responsible for having a lawful basis to message every recipient, for issuing your own privacy notice to them, and for honouring their withdrawal of consent. You warrant that you hold every consent and authority needed for the data you put into the platform. Our obligations as your processor are set out in Schedule 1.

4. WaWeb: what you are agreeing to

WaWeb links a WhatsApp account as a linked device. It is not an official Meta product and is not endorsed, certified, or supported by Meta.

You acknowledge and accept that:

Linking may breach WhatsApp's own terms, and WhatsApp may restrict, suspend, or permanently ban the linked account at its discretion, without notice and without recourse. That risk is yours.
A personal number stays personal. If you link a personal WhatsApp account rather than a business one, that number, its profile name and picture, its address book, and its chats become reachable within your SharpTXT tenant and visible to team members you have granted access. Use a number the business controls.
The session reads the linked account's contacts and chats. You confirm that you are entitled to process the personal data of everyone in that account's contact list and chat history, and that you have given them the notice the law requires.
We cannot guarantee availability. WhatsApp may change its client protocol at any time, which can interrupt or end WaWeb connectivity without warning.

We ask you to confirm the second and third of these before a QR code is generated. Confirming them is a condition of using WaWeb, and we record when you did so.

5. Cloud API and Meta's rules

Cloud API usage is additionally governed by Meta's WhatsApp Business Platform terms, the WhatsApp Business Messaging Policy, and Meta's commerce policies. You must comply with all of them at all times, and you accept that:

Meta decides, not us. Meta approves or rejects message templates at its discretion, sets message categories, quality ratings, and messaging limits, and may lower your limits, disable your number, or ban your business from its products for reasons outside our control.
Business verification is a prerequisite. Meta requires verification of your business before certain capabilities are available. Providing the documentation is your responsibility.
Templates and the service window. Outside the customer service window that opens when a person messages you, you may only send approved message templates, and Meta charges for them.
The number is yours. You own the phone number you connect. A number registered to the Cloud API cannot also be used in the WhatsApp Business app, and moving it back is your responsibility.
Restricted industries. Meta prohibits messaging in certain categories. Confirming that your business is not in one is your responsibility, not ours.

Meta's charges are separate from our subscription fees. Where they pass through to you they are in addition to what you pay us.

6. Acceptable use

You must not, and must not permit anyone else to:

Send unsolicited marketing, bulk messages to people who have not opted in, or anything the WhatsApp Business Messaging Policy prohibits.
Use the platform for multi-level marketing, unlicensed gambling, unlicensed financial or medical advice, adult content, or any industry Meta restricts.
Send unlawful, deceptive, defamatory, harassing, or hateful content, or content that infringes another person's rights.
Use the platform for phishing, scams, or the impersonation of another business or person.
Circumvent rate limits, sending caps, or consent controls, or otherwise interfere with the platform's integrity or performance.
Reverse engineer, decompile, or attempt to extract the source code of the platform, or use it to build a competing product.
Resell, sublicense, or provide the platform to a third party as a service without our written agreement.

We may investigate suspected breaches and may remove content or suspend sending where we reasonably believe this section has been breached. We do not routinely monitor or moderate the content you send.

You must obtain and be able to evidence consent for every contact you message, and you must stop messaging a person who opts out. The platform records consent as an evidenced history, refuses to dispatch to a contact recorded as opted out, and warns you before sending to contacts with no consent on file. It does not act on an opt-out reply (such as STOP) by itself: an opt-out takes effect in the platform only once you record it, and recording it promptly is your responsibility. Those controls assist you and do not discharge your obligation - you remain responsible for the lawfulness of every message you send. Our model consent wording sets out what a consent record needs to contain.

8. Fees, billing, and taxes

Subscriptions are quoted in Malaysian Ringgit (RM) and billed in advance, monthly or annually according to the plan you choose. Fees exclude Sales and Service Tax and any other applicable tax, duty, or withholding, which is added or borne by you where the law requires.

Usage above your plan. Where your plan includes a limit - contacts, connected numbers, messages, or team members - use above it is charged at the rate published for your plan.
Third-party charges. Amounts charged by Meta or any other channel provider are yours to pay, whether billed to you directly or passed through by us.
Disputed invoices. Tell us within 15 days of an invoice if you dispute it, with your reasons, and pay the undisputed part in the meantime. After 15 days an invoice is treated as accepted.
Late payment. Overdue amounts carry interest at 1.5% per month or the maximum the law allows, whichever is lower. We may suspend the account after giving you notice and a reasonable opportunity to pay.
Price changes. We may change our prices on 30 days' notice. Continuing to use the platform after a price change takes effect is acceptance of the new price.

9. Trials, renewal, and refunds

Where a free trial is offered, the plan converts to a paid subscription at the end of the trial period unless you cancel before it ends. Subscriptions renew automatically for the same period unless you cancel before the current period ends.

Fees already paid are non-refundable, including where you cancel part-way through a period or downgrade, except where the law requires a refund or where you terminate because of our material breach under section 12.

10. Availability, changes, and support

We aim to keep the platform available and will give reasonable notice of planned maintenance. We do not commit to a specific uptime figure unless a separate written service level agreement says otherwise. Support is provided by email during Malaysian business hours.

We may add to, change, or withdraw features. Where a change materially reduces a capability you rely on, we will give you reasonable notice before it takes effect.

11. Confidentiality

Each of us may receive information the other treats as confidential. Neither will disclose the other's confidential information except to people who need it and are bound to keep it confidential, or where disclosure is legally compelled. This does not apply to information that is public through no fault of the recipient, or that the recipient already held or developed independently.

12. Suspension and termination

You may cancel at any time, effective at the end of the current billing period.

We may suspend or terminate your access if you materially breach these Terms, if your use exposes us or the platform to legal or security risk, if you have not paid, or if Meta or WhatsApp disables the underlying account. Except where the breach is serious or the law compels immediate action, we will give you 30 days' notice and a chance to put it right first. The same applies in reverse: if we materially breach and do not fix it within 30 days of your notice, you may terminate and we will refund fees you have prepaid for the unused remainder of the period.

On termination your right to use the platform ends immediately. You may export your Customer Data for 30 days afterwards; we then delete it in line with the retention periods in our Privacy Policy.

13. Intellectual property, feedback, and publicity

The platform, its software, and its documentation remain ours. These Terms grant you a limited, non-exclusive, non-transferable right to use the platform during your subscription, and nothing more. If you send us feedback or suggestions, we may use them without obligation or payment to you.

We may name you and use your logo as a customer reference on our website and in marketing materials. Tell us at info@seesharpsolutions.com if you would rather we did not, and we will stop.

WhatsApp, WhatsApp Business, and Meta are trademarks of Meta Platforms, Inc., which is not affiliated with SeeSharp Solutions.

14. Third-party dependencies

The platform depends on services we do not control, including Meta's WhatsApp Business Platform, WhatsApp's client protocol, and our hosting and payment providers. We are not responsible for their availability, for their decisions about your account, or for changes they make to their own terms, pricing, or interfaces.

15. Warranties and liability

The platform is provided "as is" and "as available". To the maximum extent the law allows, we exclude all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the platform will be uninterrupted, error-free, or that any message will be delivered.

We are not liable for indirect, incidental, special, punitive, or consequential loss, nor for loss of profit, revenue, data, goodwill, or anticipated savings, nor for business interruption. In particular we are not liable for message delivery failures, account restrictions, or bans imposed by WhatsApp or Meta, or for interruptions caused by changes on their side.

Our total aggregate liability arising out of or in connection with these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

16. Indemnity

You will indemnify us against claims, losses, and costs, including reasonable legal fees, arising from your Customer Data, from messages you send, from your breach of section 6 or section 7, or from your failure to obtain consent or issue the notices the law requires.

17. Changes to these Terms

We may update these Terms. Where a change is material we will give you notice before it takes effect. Continuing to use the platform after that is acceptance of the revised Terms.

18. General

These Terms are the entire agreement between us on their subject matter. You may not assign them without our written consent; we may assign them to an acquirer of the business. If any provision is unenforceable, the rest continues in force. Neither of us is liable for failure caused by events beyond reasonable control. A delay in enforcing a right is not a waiver of it. Notices to you are sent to the email address on your account; notices to us go to info@seesharpsolutions.com. Sections 3, 11, 13, 15, 16, and 19, and Schedule 1, survive termination.

19. Governing law and disputes

These Terms are governed by the laws of Malaysia, and the courts of Kuala Lumpur have exclusive jurisdiction, save that nothing prevents either party from seeking urgent injunctive relief elsewhere. Before starting proceedings, each of us will try in good faith to resolve the dispute for 30 days after written notice of it.

20. Contact

Questions about these Terms: info@seesharpsolutions.com. Questions about personal data: info@seesharpsolutions.com. See also our Privacy Policy and our model consent wording.

Schedule 1 - Data Processing Addendum

This Schedule applies whenever we process personal data on your behalf, and it takes effect when you accept these Terms. No separate signature is required, though we will sign a standalone copy on request. Where this Schedule and the main body of these Terms conflict on the handling of personal data, this Schedule prevails.

In this Schedule, "Controller" and "you" mean the customer; "Processor" and "we" mean SeeSharp Solutions. Customer Data means personal data we process on your behalf; Annex A describes it in detail.

1. Roles

You are the data controller and determine the purposes and means of processing Customer Data. We are the data processor and process Customer Data only on your documented instructions. Your use of the platform - creating contacts, importing a file, linking a WhatsApp account, sending a campaign, configuring an automation - constitutes your instructions, together with the settings you choose and any written instruction you give us.

We are the controller in our own right for your account, billing, support, and website records. That processing is governed by our Privacy Policy, not by this Schedule.

If an instruction appears to us to breach applicable data protection law, we will tell you, and we may decline to act on it until the point is resolved.

2. Scope of processing

The subject matter, duration, nature, purpose, categories of data subject, and categories of personal data are set out in Annex A.

Special categories. The platform does not require sensitive personal data. If you choose to put it into message content or contact fields, you do so as controller and remain responsible for the additional protections the law requires.

3. Our obligations

We will:

Process Customer Data only on your instructions and only for the purposes in Annex A.
Ensure that personnel with access to Customer Data are bound by confidentiality obligations and are trained on their security and privacy responsibilities.
Implement and maintain the security measures in Annex B, and keep them under review.
Assist you, at your cost where the assistance is substantial, in responding to data subject requests and in meeting your own security, breach notification, and impact assessment obligations.
Pass on to you, without responding ourselves, any request or complaint we receive directly from one of your end users, unless the law requires otherwise.
Make available the information reasonably necessary to demonstrate compliance with this Schedule.

We will not sell Customer Data, use it for our own purposes, disclose it for advertising, or use it to train machine-learning models.

We may compile aggregated statistics about platform usage - volumes, delivery rates, error rates - for capacity planning and improving the service, provided they are anonymised so that no individual, and no customer, can be identified from them.

4. Your obligations

You will:

Establish and maintain a lawful basis for every processing operation you instruct, including consent where consent is required, and be able to evidence it.
Issue your own privacy notice to your contacts.
Record consent accurately in the platform and honour withdrawals, including a withdrawal made under section 43 of the PDPA for direct marketing.
Link only WhatsApp accounts you are entitled to link, and only where the people in that account's contacts and chat history have been given the notice the law requires.
Answer data subject requests that your end users make to you, and give your end users a way to reach you.
Not instruct us to process Customer Data in a way that would put us in breach of the law.

5. Sub-processors

You authorise us to engage sub-processors. Our current sub-processors are our cloud hosting and infrastructure providers, our payment provider, our error-monitoring and support tooling, and - for Cloud API only - Meta Platforms, which is unavoidable because the official API is Meta's. A current list naming each one is available on request.

Each sub-processor is bound by written terms imposing protections no less strict than this Schedule. We remain liable to you for their performance as if the processing were our own. We will give you at least 30 days' notice before adding or replacing a sub-processor, and you may object on reasonable data protection grounds within that period; if we cannot resolve the objection, you may terminate the affected part of the subscription and we will refund fees prepaid for the unused remainder.

6. Breach notification

We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Data, and in any event in time for you to meet your own deadlines - which under the amended PDPA means notifying the Commissioner within 72 hours and affected individuals within 7 days of that notification.

Our notice will describe the nature of the breach, the categories and approximate number of data subjects and records affected, the likely consequences, and the measures taken or proposed. Where we cannot provide all of that at once, we will provide it in phases as it becomes available. We will not make a public statement identifying you without consulting you first, unless the law compels it.

7. Deletion and return

On termination you may export Customer Data for 30 days. After that we delete it within 90 days of termination, except where we are legally required to retain it, in which case we isolate it and continue to protect it for as long as we hold it. Backups are overwritten on their ordinary cycle.

You can delete specific Customer Data - a contact, a conversation, a whole tenant's message history - at any time during the subscription, and we will act on that without undue delay. We will certify deletion in writing on request.

8. Cross-border transfer

Customer Data may be processed outside Malaysia by the sub-processors in paragraph 5 of this Schedule. We rely on the transfer conditions in section 129 of the PDPA and take reasonable steps to ensure the recipient is bound to a standard of protection comparable to the Act.

9. Audit

You may, once in any 12-month period and on 30 days' written notice, request information demonstrating our compliance with this Schedule. We will respond with our current security documentation and answers to a reasonable questionnaire. Where a regulator requires more, we will cooperate to the extent the law compels. Audits must be at your cost, must not compromise the confidentiality or security of other customers' data, and must not disrupt our operations.

10. Liability

Liability under this Schedule is subject to the limitations and exclusions in section 15 of these Terms.

11. Contact

Data protection queries and requests under this Schedule: info@seesharpsolutions.com.

Annex A - Details of processing

Subject matter: provision of the SharpTXT messaging platform.

Duration: the term of your subscription, plus the retention periods in paragraph 7 of this Schedule.

Nature and purpose: storage, transmission, organisation, retrieval, and deletion of Customer Data so that you can message your contacts, hold conversations, run campaigns and automations, and report on them.

Categories of data subject:

The people you message, and the people who message your connected WhatsApp accounts.
The people in the address book and chat history of a WhatsApp account you link.
Your team members who use the platform.

Categories of personal data:

Category	Data
Identity	Phone number, WhatsApp identifier, WhatsApp profile name and picture, name saved in a linked account's address book, and any name, tag, or attribute you add
Content	Message text, images, documents, and other media sent or received
Conversation	Conversation status, assignment, unread count, group subject and participants
Activity	Last activity and last inbound timestamps; delivery state per message with sent, delivered, read, and failure timestamps and reasons
Consent	Consent status, source, capture date, and the evidence attached, including the wording shown
Team	Team member name, email address, role, and sign-in activity

Annex B - Security measures

Tenant isolation. Every query, API, and screen is scoped to a single tenant.
Access control. Authenticated access with per-permission gating; production access is restricted to personnel who need it and is reviewed.
Encryption. Data is encrypted in transit. WhatsApp session credentials are held encrypted and stored separately from platform data.
Logging. Access and administrative actions are logged and retained for 12 months.
Resilience. Data is backed up, and restores are tested.
Maintenance. Security updates are applied and dependencies reviewed on a regular cycle.
Personnel. Staff with access to Customer Data are bound by confidentiality obligations and trained on their security responsibilities.

We may update these measures, provided the level of protection is not reduced.