Privacy Policy and terms of service

Data confidentiality and security compromise

- CAPIWHA does not by any means sell or share databases. CAPIWHA will maintain the confidentiality of the received data and will not use them for any other end as previously mentioned. Likewise, we will adopt all the necessary measures to avoid changes, losses, unauthorized access or treatment of personal data.
- CAPIWHA does not sell or share your personal identification information (as your mobile phone number) with other businesses for it’s commercial use or marketing, by any shape or form.
- CAPIWHA will develop outstanding intellectual and technical efforts to preserve the integrity and security of your personal information. We cannot, nevertheless, assure or guarantee the security of any information that you share, remaining exclusively under your own risk.
- In case that CAPIWHA would be acquired or fused with a third party, we reserve the right to transfer or assign the information that we collected from our users as part of said fusion, acquisition, sale or any other change in control.
- To protect your information, our credit card processing provider uses the 128-bit Secure Socket Layer (SSL) safe transaction technology.

Rules of acceptable use and limitations

- All CAPIWHA users must follow this acceptable use policy. If you infringe this policy, we can suspend or cancel your account.
Forbidden actions:
- Send spam, meaning, sending unsolicited massive messages.
- Use material that was not created by you, or that may violate third party rights. This includes text, pictures, videos and audios.
- Send deceiving information of any kind
- Share your password
- Apply reverse engineering of our software in our website, or in any way used or downloaded from the website.
- Clients cannot send text messages or multimedia that include words or messages referred to: Obscene words, threats, incitement to violence, racist actions, bullying, pornography of any kind, child abuse and all that may attack general wellbeing and good manners. If any of these rules are broken, you will be subject to the corresponding legal procedures, and you will be discharged from the system immediately.
- You state that you are older than 18 years of age, and are completely capable and competent to access the terms, conditions, obligations, affirmations, declarations and guarantees established in these Terms and Conditions., and comply with the Terms and Services.
- You state and guarantee that you are not in a country appointed by the US Government as a “Sponsor of Terrorism”.
-CAPIWHA may refuse to give the service, close accounts of any user and change the eligibility requisites at any moment.

Service conditions

Please, read this carefully. You accept these conditions. This is a legal agreement between you and CAPIWHA.
- CAPIWHA it’s a messaging service offered through the URL:www.CAPIWHA.com that allows you to manage WhatsApp messages to individual recipients synchronizing your system with CAPIWHA. The exchange of messages will be generated when the first action is that of reception. After this action, sending actions can be made.
- Your payment corresponds only and exclusively to the use of the platform, its associated services and our hardware and software resources. WhatsApp messages are free.
- Do not send unsolicited messages and unauthorized messages. If you do send these, you will be sending spam, which is forbidden in our fair use policy and we will be in our right to shut down your account and messages.
- CAPIWHA does not guarantee the accuracy or integrity of the content of the messages and does not assume any responsibility for any error or inaccuracies of the content, personal injuries or property damage, of any kind, as a result of access and use of our service, unauthorized access or use of our service and/or any personal information and/or financial information stored in them, any interruption or transmission issues from our service, any error, virus, trojans or similar, that may be transmitted through our service and/or any error or omission in any content or any losses or damages of any kind as a result of any published content sent by email, transmitted or done through our service.
- You accept to keep CAPIWHA unscathed of any damages, obligations, losses, responsibilities, costs or debts and expenses that results from the violation of any of the Terms and Conditions of our service and acceptable rules of use and limitations, the violation of any third party rights, including without limitation any copyright rights, property rights or privacy rights.
- CAPIWHA or you may end this agreement at any time and by any reason, with notice. We can suspend the service to you at any time, with or without cause. If we cancel your account with no cause, we will return a prorated part of your payment or we will refund unused messages. We will not return or refund if there is a cause, like a violation to the rules and limitations previously mentioned. If your account is not active for 6 months, the account will be canceled definitively no matter how many credits you had in it.
- You are responsible of keeping your username and password private. You shall let us know immediately of any unauthorized use of your accounts. We are not responsible of any losses due to lost or hacked passwords. We do not have access to your actual password, and, for security reasons, we can only reset it.
- You assume full responsibility for any losses that may occur as a result of misusing the CAPIWHA platform.
- You hereby compromise to compensate CAPIWHA (including lawyers fees) of any actions resulted from any complaints due to unallowed or prohibited actions detailed in all the legal documents of the service, as well as those resulted from third party complaints that have used your password.
- CAPIWHA will not be responsible of any delays or crashes of the Service, by any cause outside of our control. This includes, law changes or regulation changes, changes in WhatsApp, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic activity, unusually severe meteorological conditions and hackers or third party internet service providers.
- www.capiwha.com openly states that WhatsApp Inc. does not back or support CAPIWHA in any way.
WhatsApp Messenger is a patented multi platform instant messaging service for Smart-Phones that is owned and provided by WhatsApp Inc.

For obvious logistical reasons, CAPIWHA cannot check or review all the content included in our services and because of this, we cannot be responsible of the material used in it. Moreover, CAPIWHA does not suggest that it approves or agrees with content circulating in the website, or that it is legitimate or inoffensive. You have to take the necessary measures to avoid viruses or any other dangerous content or activity. It is possible that inside our service, offensive content may exist or that technical information may not be checked or supervised. CAPIWHA is not responsible for any damages or liability resulted from users using our service.
As we are continuously updating the service, it is possible that the legal terms are also updated. If by any reason, you disagree with these changes, do not continue using our service. If you keep using our service, you will be accepting our new terms. Nevertheless, if any conflict arises prior to these changes, it will be managed under those.
CAPIWHA may, with our without cause, eliminate your access to parts or even all of our services at any time. If you want to drop out of this agreement, or if you want to stop using your CAPIWHA account, you may, simply by not using our service anymore. These terms and conditions will continue to exist even if you decide to stop using our service.
CAPIWHA does not guarantee that the service will remain without errors, or that access to it will always be uninterrupted. If your are actually reading this, you rock. Keep it up. You understand that you are using our service under your own risk.
CAPIWHA will not be liable for damages, for the cost of hiring products as substitutes, for interruptions or data losses or for any amounts higher than any purchase made by you to CAPIWHA during a 12 month period prior to your complaint.
You guarantee that you will strictly follow the terms and conditions detailed here as well as the privacy policy. You will also strictly follow the laws and regulations of your country and/or local authority. Moreover, you guarantee that you will not violate third party copyrights.
You agree to indemnify and not hold CAPIWHA.com accountable, it’s directors and employees of any claim or expense that arises from your use of our service, including the violation of this agreement.