Terms of Service

1.Definitions

"Cast", "we", "us", "our"

WAYVZ S.A.L, a company registered in Lebanon, and where the context requires, its affiliates WAYVZ Connect Technologies LLC (UAE) and WAYVZ (Pty) Ltd (South Africa). Together referred to as "WAYVZ".

"You", "Customer"

The individual or legal entity that has registered for an account, or, in the case of a Reseller, both that Reseller and any sub-account it creates.

"Service" or "Platform"

The Cast SMS and WhatsApp messaging platform, including the web application, APIs, landing-page builder, short-link service, dashboards, and any related products provided by us.

"Messages"

Any SMS, WhatsApp message, or other communication you send, schedule, or queue through the Service.

"Wallet"

The pre-paid balance you maintain on the Platform, denominated in a supported currency, from which Message fees are debited.

"AUP"

The Acceptable Use Policy, which forms part of these Terms.

"Reseller"

A Customer that uses the Service to provide messaging to its own clients via sub-accounts.

2.Your account

To use the Service you must create an account, provide accurate registration information, and keep that information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you.

You must be at least 18 years old (or the age of majority in your jurisdiction) and have full legal capacity to enter into these Terms. If you are creating an account on behalf of a company, you represent that you have authority to bind that company.

We may require identity verification, business registration documents, sample message content, or other onboarding information before activating sending privileges. We may decline to onboard any prospective Customer in our sole discretion.

3.The Service

We will use commercially reasonable efforts to make the Service available and to deliver Messages submitted through it. However:

• Message delivery depends on third parties, including mobile network operators, SMS aggregators, and Meta (for WhatsApp). We do not guarantee delivery, delivery time, or that any specific Message will reach a recipient's handset.
• We may modify, add, or remove features of the Service from time to time. We will not materially reduce paid functionality without reasonable notice.
• We may perform scheduled or emergency maintenance and will use reasonable efforts to minimize disruption.
• Sender IDs, registered numbers, and approved templates are subject to operator and Meta approval and may be revoked, rejected, or rate-limited by them at any time.

We do not currently offer a contractual service-level agreement (SLA). If you require formal uptime or delivery guarantees, contact us about an enterprise agreement.

4.Billing and wallet

4.1 Pre-paid wallet model

Cast operates on a pre-paid wallet model. You top up your Wallet, and each Message you send debits the applicable per-recipient rate from your balance. We will reject submissions that would take your Wallet balance below zero.

4.2 Pricing

Per-Message pricing varies by destination country, channel (SMS / WhatsApp), Message type (transactional / marketing / authentication / utility), and route quality. Current rates are visible in your dashboard or quoted in writing for negotiated agreements. We may update pricing on 30 days' notice for prospective sends; existing balances are not affected by the change.

4.3 No automatic refunds

Wallet balances are non-refundable except where required by applicable law. We do not refund:

• Unused balance after voluntary account closure.
• Fees for Messages submitted to invalid, ported, or non-existent numbers.
• Fees for Messages that were delivered to the network but failed at the handset (out of coverage, device off, recipient barred).
• Fees for Messages held, blocked, or rejected as a result of an AUP violation.
• Fees for Messages affected by carrier or Meta-side failures outside our control.

For Messages that fail at our platform-side before submission to the carrier (we never accepted them for delivery), the corresponding fee is not debited.

4.4 Disputes

If you believe you have been charged in error, you must notify us in writing within 30 days of the charge. We will investigate in good faith and apply a Wallet credit if the charge was incorrect. Chargebacks initiated through your card or bank without first contacting us in writing may result in account suspension and a chargeback handling fee.

4.5 Wallet expiration

Wallet balances do not expire while your account remains active and your last sending activity is within 24 months. Accounts inactive for more than 24 months may be closed and the remaining balance forfeited; we will attempt to notify you by email at least 30 days before closure.

4.6 Reseller arrangements

Resellers operate sub-accounts at margins they set. The Reseller is the Customer of record for all Messages sent under its parent account, including those sent by sub-accounts. Reseller margins, sub-account top-ups, and downstream invoicing are between the Reseller and its sub-accounts; Cast has no obligation to those sub-accounts.

5.Fees, taxes, and currency

Fees are exclusive of taxes. You are responsible for any value-added tax, withholding tax, sales tax, or similar levies imposed by your jurisdiction. Where we are required to collect taxes, they will be added to your invoice or deducted from your top-up. Fees are quoted and charged in the currency shown in your dashboard; multi-currency Wallets are settled separately and not auto-converted.

6.Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP are also violations of these Terms.

You are solely responsible for the content of your Messages, the lawfulness of your recipient lists, and the consent under which you send. We do not pre-screen Message content as a matter of course but reserve the right to inspect, block, or report content as set out in the AUP.

7.Suspension and termination

7.1 Termination by you

You may close your account at any time from the dashboard or by emailing cast@wayvzgroup.com. Closure stops future sending and removes your active sender configurations. Section 4.3 applies to any unused Wallet balance at closure.

7.2 Termination by us

We may suspend or terminate your account at any time, with or without notice, if:

• You materially breach these Terms or the AUP.
• We reasonably believe your use of the Service exposes us, our other customers, our carriers, or our recipients to material harm or legal risk.
• A carrier, Meta, or a regulator requires us to suspend the relevant traffic.
• You fail to pay amounts due, including chargebacks or disputed top-ups.
• You provided false information during onboarding or fail to provide updated KYC documentation when reasonably requested.
• You become insolvent, file for bankruptcy, or cease operations.

7.3 Effect of termination

On termination, your right to use the Service ends. Sections that by their nature should survive termination — including Sections 4.3, 8, 9, 11, 12, and 14 — will survive.

8.Data and confidentiality

Our handling of personal data is governed by the Privacy Policy. In summary: where you upload recipient data to the Platform, you are the "data controller" and Cast is the "data processor" under applicable data-protection law. You warrant that you have lawful basis to send Messages to the recipients you upload and that you will respect their rights, including opt-out.

Each party agrees to protect Confidential Information of the other (commercial terms, pricing, technical implementation details) using at least the standard of care it applies to its own confidential information of similar sensitivity. Confidentiality obligations survive termination for three years.

9.Intellectual property

Cast retains all right, title, and interest in the Service, including the Platform software, APIs, dashboards, documentation, and the Cast and WAYVZ trademarks. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term of these Terms.

You retain ownership of the content of your Messages, your recipient lists, your custom landing pages, and any data you upload. You grant us a non-exclusive license to use, store, and process that content solely as necessary to provide the Service, comply with law, and enforce the AUP.

We may publicly identify you as a Cast customer (logo, name) in marketing materials only with your prior written consent. You may not use the Cast or WAYVZ marks without our prior written consent, except to refer factually to the Service.

10.Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care.

11.Limitation of liability

The limitations in this Section do not apply to: (a) breach of the AUP by you; (b) your indemnity obligations under Section 12; (c) infringement of the other party's intellectual property; (d) liability that cannot be limited by applicable law (such as gross negligence, willful misconduct, or fraud).

12.Indemnity

You will defend, indemnify, and hold harmless Cast, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim, demand, action, loss, or expense (including reasonable legal fees) arising out of or related to:

• Your Messages, recipient lists, sender identifiers, or landing-page content.
• Your breach of these Terms or the AUP.
• Your violation of any applicable law (including data-protection, anti-spam, telecommunications, and consumer-protection laws).
• Allegations that recipients did not consent to receive your Messages, or that your sender identity was misleading or unauthorized.

We will promptly notify you of any claim subject to indemnity, and you will have control of the defense and settlement, provided that no settlement may admit fault on our behalf or impose obligations on us without our prior written consent.

13.Changes to these Terms

We may update these Terms from time to time. We will publish the updated version at this URL with a revised effective date. For changes that materially reduce your rights, we will provide at least 30 days' notice by email or in-app notice. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

14.Governing law and disputes

These Terms are governed by the laws of Lebanon, without regard to conflict-of-law principles. Each party submits to the exclusive jurisdiction of the courts of Beirut, Lebanon for any dispute arising out of or relating to these Terms, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or enforce the AUP.

For Customers domiciled in the United Arab Emirates, where required by mandatory local law, disputes may alternatively be brought before the courts of Dubai. For Customers domiciled in South Africa, the courts of Johannesburg may be used. The choice of forum for any specific dispute is at the claimant's election among these options.

Where the parties agree in writing, disputes may be referred to binding arbitration. The default seat of arbitration is Beirut and the rules of the Lebanese Arbitration and Mediation Center (LAMC) apply. Arbitration is conducted in English unless agreed otherwise.

15.General provisions

Entire agreement. These Terms, together with the AUP and the Privacy Policy, are the entire agreement between you and Cast on this subject and supersede all prior agreements and communications.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Failure to enforce any right is not a waiver of that right.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, government action, network failure, or actions of carriers, regulators, or Meta.

Notices. We may send notices to the email address on file for your account. Notices to us must be sent to cast@wayvzgroup.com.

No third-party beneficiaries. These Terms do not create any rights for any third party.

Language. The English version of these Terms is the controlling version. Any translation is provided for convenience only.