WhatsApp LLC (“WhatsApp”, “our”, “we” or “us”) provides you with the services described below (collectively “Services”), unless you live in a country or an area in the European Economic Area (including the European Union) or any other included country or territory (collectively the "European Region").
About our services
Data protection and security principles. Since the start of WhatsApp, we have endeavored to build our services in compliance with strict data protection and security principles.
We connect you with others. We provide you with options to communicate with other WhatsApp users, e.g. For example, by messaging, voice and video calls, sending pictures and videos, viewing your status, and sharing your location with others if you choose to. We always strive to improve these possibilities even further. We provide a convenient platform that enables you to send and receive money to other users through our platform. WhatsApp works with partners, service providers and affiliates who help us to provide you with ways to connect to their services.
Ways to Improve Our Services. We analyze how you use WhatsApp to improve our services, including by helping companies using WhatsApp to measure the effectiveness and dissemination of their services and messages. For this purpose, WhatsApp uses the information available to it and also works with partners, service providers and affiliated companies.
Communication with companies. We always strive to provide you, companies and other organizations with even better ways to communicate with one another through our services, for example information about orders, transactions and appointments, delivery and shipping notifications, updates of products and services and marketing.
Enabling access to our services. To operate our global services, we need to store and distribute content and information in our data centers and systems around the world. This also includes countries outside the country in which you are resident. The use of this global infrastructure is necessary and of central importance for the provision of our services. This infrastructure may belong to our service providers, such as our affiliated companies, or be operated by them.
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NO ACCESS TO EMERGENCY SERVICES: There are important differences between our services and the telephone or SMS services on your mobile phone and a landline phone. Our services do not provide access to emergency services or emergency service providers, including police, fire departments or hospitals, nor do they otherwise connect to public emergency call centers. You should make sure that you can reach your respective emergency service provider via a cellular, landline or other service.
IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS AND CONDITIONS INCLUDE A BINDING ARBITRATION PROVISION THAT STATES THAT UNLESS YOU OBJECT AND DISCLAIM CERTAIN ARRANGEMENTS. RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION PROCEDURE; THIS MEANS YOU WAIVER ANY RIGHT TO HAVE SUCH DISPUTES RULED BY A JUDGE OR JURISDICTION, AND YOU WAIVE YOUR RIGHT TO EXPLOIT CLASS ACTION, ARBITRATION, OR ADVERTISEMENT. PLEASE READ THE SPECIFIC ARBITRATION PROVISIONS BELOW FOR USERS AND USERS. IN CANADA TO LEARN MORE.
Registration. You have to register for our services and use correct information for this, enter your current mobile phone number and, in the event of a change, update it using our in-app function "Change number". You agree to receive SMS and phone calls with codes to register for our services (from us or our third party providers).
directory. If permitted by applicable law, you can use the function for uploading contacts and regularly provide us with the telephone numbers in your mobile address book, including the numbers of users of our services as well as those of your other contacts. Learn more about our contact upload feature here.
Devices and software. You must provide certain devices, software and data connections to use our services that we would not otherwise provide. In order to use our services, you consent to the manual or automatic download and installation of updates to our services. You also consent to us sending you communications about our services from time to time if this is necessary for the provision of our services to you.
Fees and Taxes. You are responsible for all data tariffs and internet charges from your mobile operator or network operator, as well as all other fees and taxes associated with your use of our services.
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Permitted use of our services
Lawful and Permitted Use. You may only access or use our services for lawful, legitimate and permissible purposes. You will not use (or assist others with) our Services in any way that: (a) the rights of WhatsApp, our users, or others (including privacy, publicity, intellectual property and other proprietary rights) ) violates, unlawfully uses or violates them; (b) Is unlawful, obscene, offensive, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or inciting or encouraging conduct that would be illegal or otherwise inappropriate, including the glorification of violent crime, endangerment or exploitation of children or others or coordinating harm; (c) involves posting any falsehood, misrepresentation or misleading statements; (d) imitating someone; (e) includes sending illegal or improper communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involves any non-personal use of our services unless we have approved.
Harm to WhatsApp or our users. You may not use, copy, adapt, modify or distribute our services, either directly or indirectly, or by automated or other methods, in impermissible or unauthorized ways that encumber or impair or damage us, our services, systems, users or others license, sublicense, transfer, display, perform or otherwise exploit, access or make derivative works based on them (or assist others to do so). This also includes that you may not do the following, either directly or through automated methods: (a) reverse engineer, change, modify, create derivative works from, decompile or extract the code of our services; (b) send or transmit viruses or other harmful computer code via our services or store them on our services; (c) gain or attempt to gain unauthorized access to our services or systems; (d) disrupt or disrupt the integrity or performance of our services; (e) create accounts for our services through unauthorized or automated means; (f) collect information from or about our users in any improper or unauthorized manner; (g) sell, resell, rent, or charge fees for our Services or data obtained through our Services; or (h) distribute or make available our services over a network in which they could be used by multiple devices at the same time; (i) develop software or APIs that essentially function like our services and make them available to third parties without authorization or (j) misuse any reporting channels, for example by submitting fraudulent or unfounded reports or objections.
Your account security. You are responsible for maintaining the security of your device and WhatsApp account, and you must notify us immediately of any unauthorized use or security breach involving your account or our services.
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Third party services
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WhatsApp rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights associated with our services. You may not use our copyrights, trademarks (or other trademarks), domains, logos, trade dress, trade secrets, patents and other intellectual property rights unless you have our express permission and use is in accordance with our trademark guidelines. You may only use the trademarks of our affiliated companies with their permission; this can also be done through an authorization in any published trademark guidelines.
Your license to WhatsApp. In order for us to operate and provide our services, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the information (including the content) that you access or upload, transmit, store, send or receive via our services. The rights granted by you under this license are limited to the purpose of operating and providing our services (for example, allowing us to view your profile picture and status message, deliver your messages, and your undelivered messages on ours for up to 30 days Servers while we try to deliver them).
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Report infringements of copyright, trademark, and other intellectual property rights of third parties
To report claims of copyright, trademark, or other intellectual property infringement of a third party, please visit our Intellectual Property Policy. We may take action in relation to your account, including deactivating or suspending your account, if you clearly, severely, or repeatedly infringe the intellectual property rights of others, or if we are required to do so for legal reasons. When deactivating or suspending your account, we always proceed as described in the termination section below.
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Disclaimers and Indemnification
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED; THAT ARE U.A. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL CLAIM, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES AND / or. OTHER HARMFUL CODE.WE DO NOT WARRANT THAT ANY INFORMATION WE PROVIDE WILL BE CORRECT, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATING, ERROR-FREE, AND SECURE, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR INTERRUPTED. WE DO NOT CONTROL HOW OR WHEN OUR USERS OUR SERVICES AND USE THE FUNCTIONS, SERVICES, AND INTERFACES PROVIDED BY OUR SERVICES, AND WE ARE NOT RESPONSIBLE FOR SUCH CONTROL. WE ARE NOT RESPONSIBLE FOR THE ACTION OR TO CONTROL INFORMATION (INCLUDING CONTENT) FROM OUR USERS OR OTHER THIRD PARTIES, AND WE ARE NOT OBLIGED TO SUCH CONTROL. You ask US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS (COLLECTIVELY, THE "WhatsApp PARTIES") ARE FREE OF ANY KNOWN AND UNKNOWN CLAIMS, COMPLAINTS, CAUSES OF ACTION, LEGAL PROCESSES, DISPUTES OR DAMAGES (COLLECTIVELY THE "CLAIM") THAT MAY ARISE FROM ANY THIRD PARTY IN RELATION TO ANY SUCH CLAIM OF SUCH SUCH OR ANY SUCH CLAIM. AFFECTED IN ANY WAY TO THIS. YOUR RIGHTS AGAINST WHATSAPP WILL NOT BE CHANGED BY THE ABOVE DISCLAIMER IF THE LAWS APPLICABLE TO YOUR USE OF OUR SERVICES IN THE COUNTRY OR TERRITORY IN WHICH YOU ARE LOCATED DO NOT ALLOW THIS. YOU WAIT ANY RIGHTS THAT YOU MAY HAVE UNDER THE CALIFORNIA CIVIL CODE §1542 OR ANY SIMILAR APPLICABLE LAW IN ANY OTHER JURISDICTION WHICH DOES NOT REPRESENT THE FOLLOWING, WHICH DOES NOT APPLY TO THE FOLLOWING DISCLAIMER ARE NOT KNOWN OR OF THE EXISTING OF ITS / HER FAVOR, AND WHICH, IF YOU WOULD KNOW HIM / HER, MUST KEEP HIS / HER AGREEMENT WITH THE OBSERVER ".
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Limitation of Liability
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See below: Special Arbitration Provision for Users in the United States and Canada
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Availability and termination or cancellation of our services
Availability of our services. We are constantly striving to improve our services. This means that we can expand, add or remove our services and functions and support for certain devices and platforms. Our services can be interrupted, for example for maintenance, repairs, improvements or due to network or device failures. We can discontinue some or all of our services at any time, including certain functions and support for certain devices and platforms. Events beyond our control can affect our services, such as natural disasters and other force majeure events.
termination. While we hope that you will remain a WhatsApp user, you can end your relationship with WhatsApp at any time for any reason by deleting your account. Instructions on how to do this can be found in the articles in our help section for Android, iOS, or KaiOS.
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Our services are not intended for distribution in any country or for use in any country or territory where such distribution or use would violate local law or subject us to any regulation in any other country or territory. We reserve the right to restrict our services in any country or territory.
You must comply with all applicable US and non-US laws relating to export controls and trade sanctions ("Export Laws"). You may not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any person, company, territory or country prohibited under export laws; (b) anyone listed on a US or non-US government blacklist; or (c) for any purpose prohibited by export laws (including but not limited to nuclear, chemical or biological weapons or missile technology applications) without the required governmental approvals. You may not use or download our services if you are located in a country or territory that is subject to restrictions, or if you are currently on any US or non-US blacklist, including under any export laws prohibited purpose. In addition, you will not use IP proxying or any other method to obscure your location.
No part of these terms will prevent us from complying with the law.
Unless otherwise stated here, our terms do not grant any third party any preferential rights.
We always look forward to your feedback and suggestions about WhatsApp and our services. However, you understand that you are under no obligation to provide us with any feedback or suggestions, and we can use your feedback or suggestions without any limitation or obligation to compensate you for it.
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Special Arbitration Provision for Users in the United States and Canada
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS ADDITIONAL TERMS THAT ONLY APPLY TO OUR USERS IN THE US AND CANADA. IF YOU ARE IN THE USA OR WHATSAPP USERS RESIDENT IN CANADA, YOU AND WE AGREE TO SUBJECT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION PROCEDURES; EXCEPT ARE DISPUTES IN WHICH INTELLECTUAL PROPERTY AND SUCH THAT MAY BE BROUGHT INTO A COURT FOR BAGATELL CLAIMS ("SMALL CLAIMS COURT"). THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO DISPUTE SUCH DISPUTES BEFORE A COURT BY A JUDGE. TO BE SET UP BY THE JURY. AND FINALLY, YOU MAY MAKE A CLAIM ONLY IN YOUR NAME AND NOT IN THE NAME OF ANY OFFICIAL OR ANY OTHER PERSON OR GROUP OF PERSONS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN CLASS ACTION, CLASS ARBITRATION, OR ADVERTISING PROCEEDINGS, OR HAVE YOUR DISPUTE NEGOTIATED AND RESOLVED AS SUCH.
"Exempt Disputes" are any disputes about the assertion or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets and patents) or efforts to adversely affect our services or in an unauthorized manner (e.g. automated) to use. To be clear, and without prejudice to the above, those disputes relating to your privacy or disclosure rights that arise through or in any way in connection with these are not an Exempt Disputes.
US Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this section, Special Arbitration Provision for Users in the United States or Canada, including whether or not a dispute between WhatsApp and you is subject to arbitration.
The arbitration shall be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules that apply when the arbitration is initiated, including the Optional Regulations for Emergency Response Measures and the Supplementary Procedures for Consumer Disputes (together the "AAA regulations"). The arbitration proceedings are chaired by a single arbitrator who is selected in accordance with the AAA regulations. The AAA rules, information on how to initiate a dispute and a description of the arbitration procedure are available at www.adr.org. Issues related to the scope and enforceability of the arbitration provision are to be determined by a court. The location of the arbitration and the allocation of fees and costs for such arbitration are to be determined in accordance with the AAA regulations.
1601 Willow Road
Menlo Park, California 94025
United States of America
Small Claims Court. As an alternative to arbitration, you can also bring your dispute to your local "small claims" court, if this is allowed under the rules of that court, as long as the matter continues on an individual basis (rather than as a collective proceeding).
No class action, class arbitration, or agency proceedings for US or Canada based users. If you are a US or Canada based WhatsApp user, we and you agree that each of us may dispute any dispute with respect to the other on his or her own behalf and not on behalf of any other person or company or group of people can put forward. You and us agree that we shall not each participate in any class action, class arbitration, litigation brought with a private attorney or legal representative, or any aggregate disputes involving any other person or entity in connection with any dispute. If there is a final judicial decision that any specific dispute (or motion for a particular appeal) cannot be arbitrated under the limitations of this provision, only that dispute (or motion for appeal) may be brought to court become. All other disputes (or requests for legal redress) are still subject to this provision.
Place for the initiation of admissible legal proceedings. If you object to the Arbitration Agreement, if your Dispute is an Exempt Dispute, or if the Arbitration Agreement is found to be unenforceable, you agree to submit to the Dispute Resolution section set out above.
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WhatsApp Intellectual Property Policy
WhatsApp brand guidelines
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