Terms of Service

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

You may not use the Service if you are barred from receiving the Service under the laws of your country or any country where you use the Service.

• “Customer Data” means data you upload, submit, or transmit through the Service, including contact lists, message content, audio assets, flow definitions, and integration credentials.
• “End-User” means an individual to whom you send messages or place calls using the Service (for example, a customer of your business).
• “Third-Party Service” means a service operated by a party other than CODConfirm (such as the WhatsApp Business Platform, telephony carriers, or AI providers) that the Service connects to or relies on.
• “Documentation” means the user guides, API references, and policies we publish for the Service.

To use the Service you must create an account and provide accurate, current, and complete information. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must notify us promptly at support@codconfirm.com if you become aware of any unauthorized access to or use of your account.

Each account is provisioned for a single tenant organization. You may invite team members under your plan’s seat allowance; you remain responsible for their use of the Service.

CODConfirm provides a multi-tenant SaaS platform that helps merchants confirm Cash-on-Delivery (COD) orders and run automated customer-engagement flows across the WhatsApp Business Platform, voice calls, and SMS. Features may include a visual flow builder, contact and audience management, message template and WhatsApp Flows management, a shared inbox, AI assistants, scheduling, analytics, and integrations.

Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a non-exclusive, non-transferable, worldwide right to access and use the Service for your internal business purposes during the term of your subscription.

5.1 Plans and renewal

The Service is offered on subscription plans described on our website or in your order form. Unless otherwise specified, subscriptions automatically renew for successive periods of the same length until cancelled. You may cancel renewal at any time from your account settings; cancellation takes effect at the end of the then-current billing period.

5.2 Usage-based charges

Certain Service features are billed on a usage basis, including (without limitation) WhatsApp conversation charges (priced per Meta’s conversation categories), SMS segments, voice-call minutes, AI voice-agent minutes, and AI chat token usage. Our published rates and the per-message category cost are shown in your dashboard before sending where practicable.

5.3 Pre-charge and refunds

For metered usage, we may pre-authorize charges against your wallet or stored payment method before triggering the underlying provider call. If a send fails before being accepted by the provider, the reservation is refunded to your wallet automatically. Charges already accepted by a Third-Party Service (e.g., a delivered WhatsApp conversation, a connected voice call) are non-refundable.

5.4 Taxes

Fees are exclusive of taxes. You are responsible for any VAT, sales, use, withholding, or similar taxes applicable to your purchase, except for taxes based on our net income.

5.5 Late payment

If a payment is overdue, we may suspend the Service until the balance is paid. Repeated failures may result in termination under Section 14.

You agree that you will not (and will not permit anyone else to):

• Use the Service to send unsolicited messages, spam, phishing, scams, fraudulent COD confirmations, or any communication for which you do not have the recipient’s prior, valid opt-in.
• Send messages that are unlawful, harassing, defamatory, deceptive, hateful, sexually explicit, or that promote violence, self-harm, illegal goods or services.
• Violate the WhatsApp Business Messaging Policy, the Meta Platform Terms, the Meta Developer Policies, or any policy of a telephony or AI provider used by the Service.
• Send messages, place calls, or share content that infringes any third party’s intellectual property, privacy, publicity, or contractual rights.
• Use the Service to transmit malware, attempt to probe, scan, or test the vulnerability of the Service, or interfere with the integrity or performance of the Service.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service except to the extent permitted by mandatory law.
• Resell, sublicense, white-label, or otherwise make the Service available to third parties outside your organization without our prior written consent.
• Use the Service to send messages to recipients in countries to which the relevant Third-Party Service does not permit messaging, or in violation of any applicable law (including telecom, consumer-protection, anti-spam, and data-protection laws).
• Bypass, disable, or interfere with rate limits, opt-out enforcement (including the STOP keyword), quiet hours, or any other safeguard of the Service.

We may, with or without notice, suspend or restrict access to features that we reasonably believe are being misused, without liability to you. Repeated or material violations may result in termination.

The Service relies on Third-Party Services such as Meta’s WhatsApp Business Platform, Telnyx, Twilio, Retell AI, Vapi, Google (Gemini), and ElevenLabs. By using the corresponding Service features you acknowledge and agree that:

• You will comply with the policies and terms of each Third-Party Service you connect to, including (where applicable) the WhatsApp Business Messaging Policy, Meta Platform Terms, Meta Developer Policies, telephony carrier rules, and AI provider acceptable-use policies.
• For WhatsApp messaging, you must obtain and maintain valid, demonstrable opt-in from each End-User before sending them messages, honour opt-out signals (including STOP), and only use template categories appropriate to the content of each message.
• Third-Party Services may change, suspend, or terminate their availability, pricing, or policies at any time. We are not responsible for outages, latency, message rejections, account quality downgrades, or template approval decisions made by Third-Party Services.
• We act as a Meta Tech Provider to enable Embedded Signup; the WhatsApp Business Account remains owned and controlled by you.
• You are solely responsible for the legality of any call recordings, AI-generated voice or text content sent on your behalf, and for disclosing the use of automated or AI-generated communications where required by law.

As between the parties, you retain all rights, title, and interest in and to Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as needed to provide and support the Service, prevent abuse, comply with law, and improve the Service in aggregated or de-identified form.

You represent and warrant that (a) you have all necessary rights, consents, and lawful bases to upload Customer Data and to instruct us to send messages or place calls to End-Users, (b) Customer Data does not infringe any third-party right, and (c) you will respond to End-User rights requests as required by applicable data-protection law. Our processing of personal data is described in our Privacy Policy; for processing on your behalf as a processor, our Data Processing Agreement applies.

The Service, including all software, content, designs, logos, marks, and Documentation, is owned by CODConfirm or its licensors and is protected by intellectual-property laws. We reserve all rights not expressly granted to you in these Terms.

You may submit feedback, ideas, or suggestions about the Service. You grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose, including to improve the Service, without any obligation to you.

Each party may disclose confidential information to the other in connection with the Service. The receiving party will (a) protect such information with the same degree of care it uses for its own confidential information (and no less than reasonable care), (b) use it only to perform under these Terms, and (c) disclose it only to personnel or sub-contractors with a need to know who are bound by confidentiality obligations no less protective than these. Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without restriction, is independently developed, or is required to be disclosed by law.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND CODCONFIRM AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT MESSAGES WILL BE DELIVERED, ACCEPTED, OR APPROVED BY ANY THIRD-PARTY SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO CODCONFIRM FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO BREACHES OF SECTION 10 (CONFIDENTIALITY), YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 13, AMOUNTS YOU OWE FOR THE SERVICE, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You will defend, indemnify, and hold harmless CODConfirm, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable legal fees arising out of or related to (a) your or your End-Users’ use of the Service in violation of these Terms or applicable law, (b) Customer Data, including any claim that it infringes third-party rights or was sent without the required opt-in, or (c) your breach of Section 6 (Acceptable Use) or Section 7 (Third-Party Service Obligations).

These Terms remain in effect for as long as you have an account with us. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend or terminate your account immediately if you violate Section 6 or Section 7, fail to pay fees, or if we are required to do so by a Third-Party Service or by law.

Upon termination: (a) your right to use the Service ceases, (b) accrued fees become immediately payable, and (c) we will delete Customer Data within 30 days, subject to backup-cycle and legal-retention exceptions described in our Privacy Policy. Sections intended to survive termination (including Sections 8, 9, 10, 12, 13, 16, and 17) will survive.

We may modify the Service from time to time, including adding, changing, or removing features. We may also update these Terms; when we do, we will revise the “Effective date” above and, for material changes, give you reasonable advance notice by email or in-app notification. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes.

These Terms are governed by the laws of the Kingdom of Morocco, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Casablanca, Morocco for any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or telecom outages, or government actions.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Notices. Notices to CODConfirm must be sent to legal@codconfirm.com. Notices to you may be sent to the email address on file for your account or posted in the Service.
• Entire agreement. These Terms, together with our Privacy Policy, any order form, and any Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements on the subject.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

If you have questions about these Terms, please contact us:

• CODConfirm — Casablanca, Morocco
• Legal: legal@codconfirm.com
• Billing: billing@codconfirm.com
• Support: support@codconfirm.com
• Website: https://codconfirm.com