Terms of Service

1. Agreement to Terms

By accessing or using Xpeak.io ("the Service"), operated by Ooh Marketing Limited, a private limited company registered in England and Wales under company number 16860604, with registered office at Flat 18 Eton House, Anglian Close, Watford, England, WD24 4RF, you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

2. Description of Service

Xpeak provides a Software-as-a-Service (SaaS) platform that integrates with the WhatsApp Business API (Cloud API) to offer AI-powered chatbots, team inbox, broadcasting, bookings, and customer management tools for businesses. The Service requires a valid Meta Business Portfolio and WhatsApp Business Account (WABA).

3. WhatsApp Business API & Meta Platforms

Xpeak operates as an independent Technology Provider authorised to integrate with Meta's WhatsApp Business Platform. By using our Service, you acknowledge and agree to the following:

• Xpeak is not affiliated with, endorsed by, sponsored by, or a subsidiary of Meta Platforms, Inc. or WhatsApp LLC.
• Your use of WhatsApp through our platform is subject to WhatsApp's Business Terms of Service and WhatsApp's Business Messaging Policy.
• You must maintain a valid Meta Business Portfolio and comply with all Meta policies at all times.
• Xpeak does not guarantee continued availability of WhatsApp Business API services, as access is subject to Meta's sole discretion and policies.
• You are solely responsible for obtaining and maintaining all necessary permissions, opt-ins, and consents from your customers before messaging them via WhatsApp.
• You must not use the Service in a manner that violates Meta's Acceptable Use Policy.

Meta's trademarks, logos, and brand assets (including "WhatsApp" and "Meta") are the property of Meta Platforms, Inc. Xpeak makes no claim to these marks.

4. Accounts and Registration

You must provide accurate and complete information when creating an account. You are responsible for all activity under your account. You must be at least 18 years old and authorised to act on behalf of your business. You agree to keep your login credentials secure and notify us immediately of any unauthorised access at support@xpeak.io.

5. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited messages, or messages in violation of WhatsApp's Business Messaging Policy.
• Transmit illegal, harmful, threatening, abusive, or objectionable content.
• Message users who have not opted in to receive communications from your business.
• Impersonate another person, business, or entity.
• Attempt to gain unauthorised access to other accounts or systems.
• Use WhatsApp Business Solution data to build or augment profiles on individual WhatsApp users.
• Share, transfer, sell, or distribute WhatsApp Business Solution data to any third parties.
• Exceed messaging limits, abuse API rate limits, or circumvent Meta's messaging restrictions.
• Use the platform for any illegal purpose or in violation of applicable laws.

Violation of these terms may result in immediate account suspension or termination, and may be reported to Meta Platforms.

6. Customer Opt-In & Consent

You are solely responsible for ensuring that all recipients of WhatsApp messages sent through the Service have explicitly opted in to receive messages from your business. You must:

• Obtain clear, documented opt-in consent before sending any message.
• Honour all opt-out requests promptly.
• Maintain records of consents for audit purposes.
• Ensure all message templates comply with Meta's template approval requirements.

7. Subscription and Billing

Xpeak offers monthly subscription plans as described on our pricing page. Subscriptions auto-renew unless cancelled. You may upgrade, downgrade, or cancel at any time — changes take effect at the next billing cycle. Refunds are available for the current billing period if requested within 7 days of charge. All prices are in GBP (£) and exclusive of VAT where applicable.

8. Data Ownership & Processing

You retain full ownership of your business data, customer data, and content uploaded to the platform. We do not claim any intellectual property rights over your data.

When you use Xpeak to manage your customers' WhatsApp conversations, Ooh Marketing Limited acts as a Data Processor on your behalf. You remain the Data Controller of your customer data. We process data strictly in accordance with your instructions and our Privacy Policy.

Upon account termination, you may request a full export of your data within 30 days. Data will be permanently deleted 30 days after account closure unless legally required to be retained.

9. AI Chatbot Disclaimer

Our AI chatbot generates responses based on the business data you provide via OpenAI's API. While we strive for accuracy, AI-generated responses may occasionally be incorrect or incomplete. You are responsible for:

• Reviewing and ensuring the accuracy of your AI's responses.
• Regularly updating your training data and knowledge base.
• Monitoring conversation quality and escalating to human agents where appropriate.

Customer messages processed through our AI pipeline are not used to train external AI models. We operate under OpenAI's data processing agreements.

10. Service Availability

We aim for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for downtime caused by Meta/WhatsApp outages, scheduled maintenance (announced 48 hours in advance), force majeure events, or issues with your internet connection or devices.

11. Intellectual Property

All intellectual property in the Xpeak platform, including software, design, trademarks, and documentation, is owned by Ooh Marketing Limited. You are granted a limited, non-exclusive, non-transferable licence to use the Service during your subscription term. You may not copy, modify, reverse-engineer, or resell any part of the Service.

12. Limitation of Liability

To the maximum extent permitted by law, Xpeak shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim. We are not liable for any actions taken by Meta Platforms to restrict, suspend, or terminate access to the WhatsApp Business API.

13. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your account for violation of these terms or Meta's policies, with notice where reasonable. Upon termination, your access to the Service will cease and data will be deleted after 30 days unless a data export is requested.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-platform notification at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact

For questions about these Terms, contact us at legal@xpeak.io.

Ooh Marketing Limited
Company No. 16860604
Flat 18 Eton House, Anglian Close, Watford, England, WD24 4RF