Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and AurexSystems Inc. ("AurexSystems," "we," "us") governing your access to and use of the AurexSystems website and WhatsApp campaign automation service (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and our WhatsApp Risk Disclosure, all of which are incorporated into these Terms by reference. If you do not agree, do not use the Service.

1. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@aurexsystems.to of any unauthorized use.

2. The Service

AurexSystems lets you connect a WhatsApp account you control, import or enter contacts, compose messages, and send campaigns, with delivery reporting, subject to the limits of your subscribed plan. The Service automates WhatsApp Web via an unofficial client library and is not affiliated with, endorsed by, or an official product of WhatsApp LLC or Meta Platforms, Inc.

3. Acceptable use

You agree that you will not use the Service to:

• Send messages to any recipient who has not given you consent to be contacted, or in violation of applicable anti-spam, telemarketing, or data protection laws (including CAN-SPAM, TCPA, GDPR, PECR, or equivalent laws in your jurisdiction).
• Send unsolicited bulk messages, chain messages, or content that violates WhatsApp's own Terms of Service or Business Messaging Policy.
• Send content that is unlawful, fraudulent, defamatory, obscene, harassing, hateful, or that infringes any third party's intellectual property or privacy rights.
• Attempt to reverse-engineer, decompile, or interfere with the Service's operation or security, or exceed rate limits by circumventing plan restrictions.
• Use the Service in violation of any applicable law or regulation, including export control and sanctions laws.

We may suspend or terminate your account, without refund, if we reasonably believe you have violated this section.

4. Your content and data

You retain ownership of the contact lists, message content, and media you upload or send through the Service ("Your Content"). You grant AurexSystems a limited license to host, process, and transmit Your Content solely to provide the Service to you. You represent that you have all rights necessary to upload Your Content and to send it to the recipients you designate.

5. Subscriptions, fees, and billing

• Plans are billed monthly in advance via our payment processor, Stripe, at the price displayed at checkout.
• Subscriptions automatically renew each billing period until canceled.
• You may cancel at any time from Dashboard → Billing; cancellation takes effect at the end of the current billing period, and you retain access until then.
• Fees are exclusive of applicable taxes, which will be added where required.
• Refunds are governed by our Refund Policy.
• We may change our pricing prospectively with at least 30 days' notice before it applies to your next renewal.

6. WhatsApp account risk (see full disclosure)

Using the Service to automate WhatsApp Web carries a risk that WhatsApp may restrict or ban the connected number, with no guaranteed appeal process, as described in full in our WhatsApp Risk Disclosure. You accept this risk entirely as a condition of using the Service.

7. Intellectual property

AurexSystems and its licensors own all right, title, and interest in the Service, including its software, design, and trademarks, excluding Your Content. Nothing in these Terms transfers any such rights to you except the limited right to use the Service as permitted here.

8. Third-party services

The Service depends on third-party platforms — including WhatsApp/Meta and Stripe — that we do not control. We are not responsible for outages, policy changes, or account actions taken by those third parties.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT YOUR WHATSAPP ACCOUNT WILL NOT BE RESTRICTED. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING STATUTORY CONSUMER RIGHTS THAT MAY APPLY IN YOUR JURISDICTION.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUREXSYSTEMS AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR A WHATSAPP ACCOUNT, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD.

11. Indemnification

You agree to indemnify and hold AurexSystems harmless from any claims, damages, or expenses (including reasonable legal fees) arising from Your Content, your use of the Service in violation of these Terms, or your violation of any law or third-party right, including claims by message recipients who did not consent to be contacted.

12. Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access for violation of these Terms, non-payment, or if required by law. Sections that by their nature should survive termination (including Sections 6–11 and 13) will survive.

13. Governing law and dispute resolution

These Terms are governed by the laws of the jurisdiction in which AurexSystems Inc. is incorporated, without regard to conflict-of-law principles, except where mandatory consumer protection law in your country of residence requires otherwise. Any dispute arising from these Terms will first be attempted to be resolved informally by contacting support@aurexsystems.to; if unresolved after 30 days, either party may pursue the dispute in the courts of competent jurisdiction, or through binding arbitration where specified in a separate arbitration agreement provided to you at signup, to the extent enforceable under applicable law. Nothing in this section limits any right you have under mandatory law to bring a claim in your local courts.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified via the Service or by email at least 15 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms: support@aurexsystems.to