Terms of Service

Last updated: October 14, 2026

Welcome to Yapper. These Terms of Service ("Terms") govern your access to and use of the Yapper platform, including the dashboard, APIs, and related services (collectively, the "Service"), operated by Yapper, Inc. ("Company", "we", "us", or "our").

Yapper is operated by Yapper, Inc., based in Alameda, California, United States.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Description

Yapper is a business-to-business (B2B) customer service platform that enables businesses to manage customer conversations on WhatsApp, Instagram, Facebook Messenger, and a website chat widget using AI-powered replies, scheduled follow-up messages, and template messaging. The Service is intended exclusively for business customers ("Account Owners") and their authorized users, not for individual consumers. All outbound messaging is initiated by or on behalf of the Account Owner within the rules of each messaging platform's policies. Yapper does not send unsolicited or bulk messages.

2. Eligibility and Account Registration

To use the Service, you must be at least 18 years old and have the legal authority to bind the entity you represent to these Terms. When creating an account, you agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security of your account credentials.
• Promptly notify us of any unauthorized access to your account.
• Accept responsibility for all activities that occur under your account.

By connecting a WhatsApp Business Account, Facebook Page, Instagram professional account, or other channel to the Service, you represent that you own or are authorized to operate that account, and you authorize us to receive the messages sent to it and to send messages from it on your behalf, including AI-generated replies. You are legally responsible for every message sent from your connected accounts.

We may contact you at the email address or phone number associated with your account about your account, the Service, billing, and support. You agree that agreements, notices, and other communications we provide electronically satisfy any legal requirement that they be in writing.

3. Acceptable Use

You agree not to use the Service to:

• Send unsolicited messages, spam, or any communication in violation of applicable anti-spam laws (including CAN-SPAM, GDPR, and Mexico's LFPDPPP).
• Transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Violate the terms or policies of any messaging platform you connect, including the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, Meta Platform Terms, and Instagram and Messenger platform policies.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Connect or automate an account you do not own or are not authorized to operate, including fake accounts.
• Attempt to reverse-engineer, decompile, or disassemble the Service.
• Scrape or systematically extract data from the Service, or copy it to build a competing product.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service for any purpose that is illegal under applicable law.

You must promptly report any violation of the Acceptable Use Policy that you become aware of — whether by your own users, end users, or other parties — and cooperate with us in investigating and remedying it.

We reserve the right to suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if we determine, in our sole discretion, that: (a) you or your end users have breached these Terms, including the Acceptable Use Policy; (b) your usage threatens the security, integrity, or performance of the Service; (c) your account is overdue; (d) suspension is required by applicable law, regulation, or third-party platform policy (including WhatsApp/Meta); or (e) we detect fraudulent, abusive, or anomalous activity on your account. You remain responsible for all fees during any period of suspension. Fees for a subscription we suspend or terminate for breach of this Section 3 are not eligible for a refund under Section 11.

4. AI-Generated Content

The Service uses artificial intelligence to generate message replies on behalf of Account Owners. You acknowledge and agree that:

• AI-generated content may not always be accurate, complete, or appropriate.
• You are solely responsible for reviewing, configuring, and supervising AI-generated messages sent through your account.
• You are responsible for disclosing to your end users that they may be communicating with an AI-powered system, as required by applicable law.
• We do not guarantee that AI-generated content will meet your specific requirements or expectations.
• AI-generated replies are not professional advice (including legal, medical, or financial advice) from Yapper.
• We do not guarantee any particular business result from the Service, such as sales, bookings, response rates, or audience growth.

You represent and warrant that: (a) all prompts, configurations, and instructions you provide to the Service comply with applicable law; (b) you are solely responsible for reviewing, testing, and supervising all AI-generated messages before and after deployment; and (c) you have obtained all necessary rights and consents from your end users for the collection, processing, and use of their data through the Service.

The Service generates and sends messages autonomously, based on the instructions, content, and settings you provide, and without review by Yapper. Every message sent through your account, whether written by you or your users or generated by the Service, is sent in your name as your own communication and not as a communication of Yapper. As between you and Yapper, you are solely liable for every such message and for all consequences of sending it, including any statement, price, offer, promise, or commitment it makes to your end users, which binds you alone.

To the maximum extent permitted by applicable law, Yapper disclaims all responsibility and liability for AI-generated and other automated output, including its accuracy, completeness, legality, and appropriateness, and for any message sent through your account. Any liability that cannot be excluded is subject to the limits in Section 14.

5. Your Content and Data

You retain ownership of all content and data you provide to the Service ("Customer Data"), including messages, prompts, business configurations, and end-user conversation data. By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, process, and store Customer Data solely for the purpose of operating and improving the Service.

You represent and warrant that you have all necessary rights and consents to provide Customer Data to the Service, including any required consent from your end users for processing their personal data.

6. Data Processing

When we process personal data on your behalf, we act as a data processor and you act as the data controller. Our processing of personal data is governed by our Privacy Policy and our Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. By using the Service, you agree to the DPA. You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including the GDPR, Mexico's LFPDPPP, and the CCPA/CPRA.

7. Confidentiality

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") in connection with the Service that is marked as confidential or that should reasonably be understood to be confidential given its nature, including Customer Data, business configurations, pricing, security reports, and proprietary technology. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is received from a third party without breach of any obligation of confidentiality; or (d) is independently developed without use of the Disclosing Party's Confidential Information.

The Receiving Party shall: (a) use Confidential Information only to exercise its rights or fulfill its obligations under these Terms; (b) not disclose Confidential Information to any third party except to its employees, contractors, and advisors who need to know and are bound by confidentiality obligations at least as protective as this section; and (c) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care.

The Receiving Party may disclose Confidential Information if required by law, regulation, subpoena, or court order, provided it gives the Disclosing Party prompt written notice (to the extent legally permitted) and reasonable cooperation to seek a protective order.

Each party acknowledges that a breach of this section may cause irreparable harm for which monetary damages would be inadequate, and that the non-breaching party shall be entitled to seek injunctive or other equitable relief without waiving any other rights or remedies.

8. Intellectual Property

The Service, including its design, code, documentation, trademarks, and all related intellectual property, is and remains the exclusive property of Yapper. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription for your internal business purposes.

Any feedback, suggestions, or ideas you provide regarding the Service become our exclusive property. We may use them for any purpose without any obligation to you.

9. Third-Party Services

The Service integrates with third-party platforms, including WhatsApp, Instagram, and Facebook Messenger (operated by Meta Platforms, Inc.) and AI model providers. Your use of these integrations is subject to the respective third-party terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.

Yapper connects to Meta's platforms through Meta's official APIs but is not affiliated with, sponsored by, or endorsed by Meta Platforms, Inc. Changes to a third-party platform's APIs, policies, or rate limits, and any restriction, suspension, or ban it places on your accounts, may limit or interrupt the Service and are outside our control.

Our website and the Service may link to third-party websites and resources. These are provided for convenience only, and we do not control or guarantee their availability, accuracy, or security.

10. Fees and Payment

Certain features of the Service may require payment. Fees, billing cycles, and payment terms will be specified in your subscription or order form. Unless otherwise stated:

• Fees are quoted and charged in the currency shown at checkout: U.S. dollars, or your local currency where we offer a local price for your country.
• There is no free trial unless we offer one in writing. You may build and test your assistant before subscribing, subject to any usage limits we set. Your assistant replies to your customers only while you have an active paid subscription, which starts, and is first billed, when you activate it by adding a payment method.
• Subscriptions renew automatically at the end of each billing period, and the payment method on file is charged, unless you cancel before the renewal date.
• Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law.
• We may suspend access to the Service for overdue accounts.

A subscription may include a periodic usage allowance. Any unused portion of an included allowance expires when the next cycle's allowance is granted and does not accumulate. Credits you purchase separately do not expire and remain available until consumed. Usage is drawn against your included allowance before it is drawn against purchased credits, and expiry of an unused allowance never reduces the purchased credits remaining in your balance.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

11. Refund Policy

If you are not satisfied with the Service, you may request a full refund of your subscription fee within thirty (30) days of your initial purchase or most recent renewal. Prepaid credits are refundable to the extent they remain unspent at the time of the request; credits already consumed are non-refundable, as they reflect third-party model costs incurred on your behalf. To request a refund, contact Paddle's support team or email us at info@yapper.chat.

Refunds are processed by Paddle, our Merchant of Record, and will be returned to the original payment method. After the 30-day period, fees are non-refundable. You may cancel your subscription at any time, and your access will continue until the end of the current billing period.

12. Service Availability

We will use commercially reasonable efforts to make the Service available, but we do not guarantee any specific level of uptime, availability, or performance. The Service may be subject to scheduled or unscheduled downtime, including for maintenance, updates, or circumstances beyond our control. We shall not be liable for any damages resulting from Service interruptions or downtime.

13. Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Yapper shall not be liable for any indirect, incidental, special, consequential, or punitive damages, any loss of profits, revenue, data, or goodwill, or any damages arising from messages sent through your account, including AI-generated messages, in each case arising out of or in connection with your use of the Service.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the lesser of (a) the subscription fees you paid us in the three (3) months preceding the event giving rise to the claim, excluding usage and credit charges, and (b) one hundred U.S. dollars (US$100). This limit applies to all claims combined, under any legal theory (including contract, tort, negligence, and strict liability), even if a limited remedy fails of its essential purpose and even if we were advised of the possibility of the damages. Where applicable law does not allow a limitation or exclusion of liability, our liability is limited to the smallest extent that law permits.

The limitations in Sections 13 and 14 do not apply to (a) your breach of Section 3 (Acceptable Use), (b) your payment obligations under Section 10 (Fees and Payment), (c) your indemnification obligations under Section 15 (Indemnification), (d) your breach of Section 8 (Intellectual Property), or (e) your breach of Section 7 (Confidentiality).

15. Indemnification

You agree to fully defend, indemnify, and hold harmless Yapper and its owner, officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, and proceedings, and all resulting liabilities, damages, losses, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees), arising out of or in connection with:

• Any message sent through your account, including AI-generated and other automated messages, and any statement, price, offer, promise, or commitment it contains.
• Your use of the Service, including the prompts, instructions, content, and settings you provide.
• Your violation of these Terms.
• Your violation of any applicable law, messaging platform policy, or the rights of any third party, including your end users.

This obligation applies to claims arising from automated output even where the claim alleges that the content resulted from an error, defect, or malfunction of the Service or its AI features. We may participate in the defense of any claim with counsel of our choice at our own expense. You may not settle any claim in a way that imposes an obligation on Yapper or admits fault on its behalf without our prior written consent.

16. Term and Termination

These Terms remain in effect for as long as you use the Service. Either party may terminate the relationship with thirty (30) days' written notice. We may also terminate or suspend your access immediately if: (a) you materially breach these Terms; (b) you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors, or similar proceeding; or (c) your continued use of the Service poses a legal, security, or reputational risk to Yapper.

Upon termination, your right to use the Service ceases immediately and all licenses granted to you under these Terms terminate. You must immediately stop using the Service and any Yapper materials. We may retain Customer Data for up to thirty (30) days following termination, after which it will be deleted unless retention is required by law.

The following sections shall survive any termination or expiration of these Terms: Section 5 (Your Content and Data), Section 7 (Confidentiality), Section 8 (Intellectual Property), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 19 (Governing Law and Dispute Resolution), Section 20 (Assignment), Section 21 (No Third-Party Beneficiaries), and this Section 16.

17. Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, government action, pandemic, outages or disruptions of third-party services and platforms, internet or telecommunications failures, power failures, or cyberattacks.

18. Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last updated" date, and notifying you by email or through a notice in the dashboard. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

19. Governing Law and Dispute Resolution

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

In the event of any dispute arising from these Terms, each party's senior representatives shall first attempt in good faith to resolve the dispute within thirty (30) days of written notice. If the dispute is not resolved within that period, it shall be submitted to binding arbitration administered under the rules of the American Arbitration Association (AAA), conducted in English. If you are located in Mexico, you may also bring claims before the Procuraduría Federal del Consumidor (PROFECO) as permitted by Mexican law.

Any dispute must be commenced within one (1) year after the cause of action first arises; otherwise, such dispute is permanently barred.

All disputes shall be resolved on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

20. Assignment

We may assign or transfer these Terms, in whole or in part, to any affiliate or successor entity without your consent. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Any attempted assignment in violation of this section shall be void.

21. No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties, including your end users.

22. Use of Marks

You grant us the right to use your name and logo to identify you as a Yapper customer on our website and in marketing materials, subject to your standard brand guidelines as expressly provided to us.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

24. Order of Precedence

In the event of any conflict or inconsistency among the documents that form the agreement between you and Yapper, the order of precedence shall be: (1) any applicable order form, (2) the Data Processing Agreement, (3) these Terms of Service, (4) the Acceptable Use Policy, and (5) any other terms incorporated by reference.

25. Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, Acceptable Use Policy, and any applicable order forms, constitute the entire agreement between you and Yapper regarding the Service.

26. Contact

If you have questions about these Terms, contact us at legal@yapper.chat.

Postal address: