Terms of Service

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Table of Contents

  1. Acceptance of Terms
  2. Service Description
  3. User Accounts and Obligations
  4. Acceptable Use Policy
  5. AI Services & Third-Party Providers
  6. Data Processing and Privacy
  7. Intellectual Property & Data License
  8. Payment and Billing
  9. Token Usage
  10. Service Availability
  11. Limitation of Liability
  12. Indemnification
  13. Termination
  14. Changes to Terms
  15. Governing Law, Disputes, and General Provisions

1. Acceptance of Terms

By accessing or using the FetchOps WhatsApp Bot service, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you must discontinue use of the service immediately.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use this service. By using the service, you represent and warrant that you meet this age requirement.

2. Service Description

FetchOps is a platform that connects your WhatsApp account with AI language models to automate conversations. The service supports both standard WhatsApp and WhatsApp Business. Features include AI-powered auto-replies, keyword-triggered responses, conversation memory and summarization, real-time monitoring, and token-based usage metering.

FetchOps is an independent platform and is not endorsed, certified, or affiliated with WhatsApp or Meta Platforms, Inc. The service connects to WhatsApp through an unofficial interface, similar to how third-party WhatsApp clients operate. As with any third-party integration, WhatsApp may enforce its own policies and restrict accounts that use unofficial connection methods. By using FetchOps, you acknowledge this possibility. FetchOps is not responsible for any actions taken by WhatsApp regarding your account.

FetchOps provides and manages AI language model providers on your behalf as part of your subscription. The quality, accuracy, and availability of AI-generated responses depend on the third-party AI providers used and are not guaranteed by FetchOps. AI-generated content may contain errors, inaccuracies, or inappropriate responses.

3. User Accounts and Obligations

To use the service, you must create an account by registering with an email address and password, or by authenticating through a supported OAuth provider (Google or GitHub). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify FetchOps immediately of any unauthorized use of your account or any other breach of security. FetchOps will not be liable for any loss arising from your failure to protect your account credentials.

If you optionally configure your own AI provider API keys, you are solely responsible for maintaining valid keys, securing them, and for any costs incurred directly with those providers. FetchOps encrypts your API keys at rest but is not responsible for charges on your third-party provider accounts.

4. Acceptable Use Policy

You agree not to use the service to send unsolicited messages (spam), harass recipients, or distribute illegal, harmful, or offensive content. All messages sent through the platform — whether manual, keyword-triggered, or AI-generated — must comply with applicable laws, WhatsApp's terms of service, and WhatsApp's acceptable use policies.

You are responsible for all content sent through your connected WhatsApp numbers, including AI-generated replies. You must monitor AI-generated responses and ensure they are appropriate for your use case. FetchOps provides real-time monitoring tools for this purpose, but the responsibility for message content remains with you.

You must comply with all rate limits and usage quotas associated with your plan tier. Attempts to circumvent rate limits, abuse the API, reverse-engineer the platform, or interfere with service infrastructure may result in immediate suspension or termination of your account.

5. AI Services & Third-Party Providers

FetchOps provides AI language model capabilities through third-party providers, including Anthropic (Claude), OpenAI (GPT), Google (Gemini), and OpenRouter. By default, FetchOps selects and manages the AI providers used to process your messages as part of your subscription. You do not need to provide your own API keys.

To generate AI-powered responses, your conversation content — including message history, system prompts, and AI template settings — is transmitted to the selected AI provider. This transmission is necessary for the AI model to generate contextually relevant responses and is an inherent part of the service.

FetchOps reserves the right to change, add, or remove available AI providers and models at its discretion to maintain service quality, optimize performance, or respond to changes in third-party provider availability or pricing.

Users may optionally purchase AI provider slots to configure their own API keys for supported providers. When using your own API keys, your data is sent directly to the provider associated with your key, and the terms and pricing of that provider apply independently.

FetchOps does not guarantee the accuracy, appropriateness, or reliability of AI-generated content. AI models may produce incorrect, misleading, or nonsensical responses. You are solely responsible for reviewing and approving AI-generated content before or as it is sent to your customers.

6. Data Processing and Privacy

Messages and conversation history processed through the service are stored in encrypted form using AES-256-GCM encryption at rest. Conversation data is retained for as long as your account is active or until you manually clear the conversation context from your dashboard. Messages are not handled transiently — they are stored to provide AI models with conversation context and to support features such as conversation memory and summarization.

All credentials, including AI provider API keys and WhatsApp session data, are encrypted at rest using AES-256-GCM with independently derived encryption keys for each data category. A compromise of one encryption key does not expose data encrypted with another.

For the purposes of applicable data protection laws, you are the data controller for personal data contained in messages processed through the service. FetchOps acts as a data processor on your behalf. You are responsible for ensuring that your use of the service, including the automated processing of your customers' messages through AI providers, complies with applicable data protection laws, including obtaining any necessary consents from your customers.

For detailed information about how we collect, use, and protect your data, please refer to our Privacy Policy.

7. Intellectual Property & Data License

The FetchOps platform, including its software, design, documentation, and branding, is the intellectual property of FetchOps and is protected by applicable copyright and trademark laws. You may not copy, modify, or redistribute any part of the platform without prior written consent.

You retain full ownership of your data, prompts, configurations, and any content you create or process through the service. FetchOps does not claim any intellectual property rights over your content.

By using the service, you grant FetchOps a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, and transmit your content solely as necessary to provide, maintain, and improve the service. This includes transmitting your conversation data to AI providers for response generation, storing encrypted conversation history for context, and performing conversation summarization.

FetchOps may use aggregated and anonymized data derived from your usage of the service for service improvement, analytics, product development, and research purposes. This aggregated data cannot be used to identify you or your customers. The license to use aggregated and anonymized data survives termination of your account.

8. Payment and Billing

FetchOps offers monthly subscription plans with included AI token allocations. By subscribing to a paid plan, you authorize FetchOps to charge your payment method at the beginning of each billing cycle through our payment processor, Stripe. All subscription fees are non-refundable except as required by law.

Plan tokens are allocated at the start of each billing cycle and reset monthly. Unused plan tokens do not roll over to the next billing period. You may purchase additional top-up token packages at any time. Top-up tokens are added to your account instantly, do not expire, and carry over from month to month. Top-up token purchases are non-refundable.

You may upgrade, downgrade, or cancel your subscription at any time from your dashboard. Plan changes take effect on your account immediately. If you cancel your subscription, your plan remains active until the end of your current billing period. You may reactivate a cancelled subscription before the billing period ends.

Free tier accounts are subject to usage limits as described on the pricing page. FetchOps reserves the right to modify pricing or plan allocations with at least 30 days advance notice. Continued use of the service after a price change constitutes acceptance of the new pricing.

9. Token Usage

The service uses a token-based metering system. Both input tokens (messages sent to AI models) and output tokens (AI-generated responses) are counted against your balance. Token usage applies to AI-powered auto-replies, manual AI-generated messages sent from the dashboard, and conversation summarization.

When tokens are consumed, plan tokens are deducted first. Once plan tokens are exhausted, top-up tokens are used. This ensures your purchased top-up tokens are preserved as a persistent reserve while monthly plan tokens, which reset each cycle, are prioritized.

When both plan and top-up tokens are exhausted, AI-generated responses are paused. You can still send manual messages to your customers and receive incoming messages. AI replies resume immediately when you upgrade your plan or purchase top-up tokens.

10. Service Availability

FetchOps strives to maintain high availability but does not guarantee uninterrupted or error-free operation. The service may be temporarily unavailable due to scheduled maintenance, infrastructure updates, or circumstances beyond our control.

Your WhatsApp connection depends on WhatsApp's own infrastructure and availability. FetchOps is not responsible for WhatsApp outages, policy changes, or account restrictions imposed by WhatsApp. If your WhatsApp connection drops briefly, pending messages are encrypted and buffered safely until the connection is restored.

The availability and performance of AI-generated responses depend on the third-party AI providers used. FetchOps is not responsible for outages, rate limits, or degraded performance of third-party AI services.

11. Limitation of Liability

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FetchOps makes no warranty regarding the accuracy or reliability of AI-generated content.

To the maximum extent permitted by law, FetchOps shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service, including but not limited to damages arising from AI-generated content, third-party AI provider outages, WhatsApp platform changes, or loss of data. Total liability shall not exceed the amount you paid for the service in the twelve months preceding the claim.

FetchOps shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, internet service disruptions, third-party API failures, or WhatsApp platform changes.

12. Indemnification

You agree to indemnify, defend, and hold harmless FetchOps, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your violation of these Terms of Service; content sent through your account, including AI-generated replies; your violation of any third-party rights; or your violation of any applicable laws or regulations.

FetchOps will provide you with prompt written notice of any such claim and will cooperate reasonably with your defense of the claim at your expense. FetchOps reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you.

13. Termination

Either party may terminate this agreement at any time. You may cancel your subscription and request account deletion from your dashboard. FetchOps may immediately suspend or terminate your account if you violate these Terms of Service, engage in conduct that threatens the security or integrity of the service, or use the service in a manner that could create liability for FetchOps.

Upon termination, you will have 30 days to export your data. After this period, FetchOps may delete your account data in accordance with its data retention policies. Aggregated and anonymized data derived from your usage may be retained indefinitely as described in the Intellectual Property & Data License section.

Free-tier accounts that have been inactive for twelve consecutive months may be flagged for deletion. FetchOps will send an email notice to the address associated with the account at least 30 days before deletion. You may reactivate your account by logging in during the notice period.

The following sections survive termination: Intellectual Property & Data License, Indemnification, Limitation of Liability, and Governing Law and Contact.

14. Changes to Terms

FetchOps reserves the right to modify these Terms of Service at any time. We will provide at least 30 days notice of material changes by posting the updated terms on our website and notifying you via email.

Your continued use of the service after the effective date of any changes constitutes acceptance of the revised terms. If you do not agree to the updated terms, you must stop using the service before the changes take effect.

15. Governing Law, Disputes, and General Provisions

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Before initiating formal dispute resolution, you agree to first contact FetchOps at [email protected] with a written description of the dispute and attempt to resolve it through good-faith negotiation for a period of at least 30 days. If the dispute cannot be resolved informally, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Wyoming.

All disputes shall be resolved on an individual basis. You agree to waive any right to participate in a class action, class arbitration, or any other consolidated or representative proceeding. If this class action waiver is found to be unenforceable, the arbitration agreement shall remain in effect for individual claims.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and FetchOps regarding your use of the service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and FetchOps.

If you have any questions about these Terms of Service, please contact us at [email protected].