Terms of Service

1Company Information & Parties

By accessing or using Arino One's services, registering for a free account, or entering into a subscription or service agreement, the Customer agrees to be bound by these Terms of Service, the Acceptable Use Policy, and the Data Processing Agreement contained herein. These terms apply to all users of the Arino One WhatsApp Business Platform, including free account users, subscribers, businesses, developers, and administrators.

2Definitions

In this Agreement, the following terms have the meanings set out below:

• "Arino One", "we", "us", or "our" means Arino One Tech Experts Limited.
• "Customer", "you", or "your" means the business entity that has entered into this Agreement.
• "Platform" means the Arino One WhatsApp Business Platform and all associated services, APIs, and tools.
• "End User" means any individual who receives messages via the Platform through the Customer's account.
• "Meta" means Meta Platforms Ireland Limited, provider of the WhatsApp Business Platform API.
• "Personal Data" has the meaning given in the GDPR (Regulation (EU) 2016/679).
• "Data Controller" means the Customer in its capacity as data controller of End User personal data (as defined in Article 4 GDPR).
• "Data Processor" means Arino One in its capacity as data processor acting on behalf of the Customer (as defined in Article 4 GDPR).
• "Usage" means the messaging, voice, and device activity generated by Customer accounts on the Platform and billed as set out in Section 4.
• "Conversation" means a 24-hour messaging session as defined by Meta's conversation-based pricing model.
• "SLA" means the Service Level Agreement set out in Section 5.

3Service Description

Arino One provides Arino Core — a conversational platform spanning WhatsApp, SMS, live chat, WebRTC voice and other channels — to businesses worldwide, engineered in the EU with GDPR-grade protection. Our services are delivered as an authorised Meta WhatsApp Business Solution Provider (BSP) and are subject at all times to Meta's WhatsApp Business Platform Terms and policies.

Core Platform Services

• WhatsApp Business API access and messaging capabilities
• Message Template (HSM) management and Meta approval assistance
• Contact management, segmentation, and list management tools
• Campaign creation and distribution systems
• Real-time analytics, delivery reporting, and conversation tracking
• Opt-in and opt-out management tools compliant with GDPR and WhatsApp policy

Advanced Features

• Automation flows and chatbot integration
• CRM integrations including Zapier, Make, Monday.com, and Bitrix24
• GDPR compliance tooling and consent management
• Multi-user team management with role-based access control
• API access and custom integration capabilities

Support Services

• Technical support and platform documentation
• Onboarding assistance and training
• Message Template approval guidance and compliance consultation
• Dedicated account management (enterprise plans)

The Customer acknowledges that WhatsApp Business Platform access is provided by Meta Platforms Ireland Limited. Arino One acts solely as an authorised Solution Partner. Meta may independently suspend, restrict, or terminate a Customer's WhatsApp Business Account at any time for any violation of Meta's policies. Meta's WhatsApp Business Platform Terms, Commerce Policy, and messaging policies are incorporated into this Agreement by reference and take precedence over Arino One's terms in all matters relating to WhatsApp platform usage.

4Registration, Instance Types & Fees

Registration

• All customers register at client.arino.one
• Registration is verified by a WhatsApp one-time code (OTP) together with a valid business email address
• The Customer is responsible for keeping its registered WhatsApp number and email address current and secure

Instance Types

• Remix — the Customer does not yet hold an Infobip account; Arino One assists the Customer in creating and provisioning one. The account and its credentials remain owned by the Customer.
• BYO (Bring Your Own) — the Customer already holds an Infobip account and connects the instance using its own credentials.

Build Options

• Self-build — free. The Customer builds and deploys its own instance at no charge to Arino One.
• We build it — USD $350 one-time, payable via Stripe. The Customer creates its own Lovable account, adds Arino One as an administrator, provides its Infobip credentials, and pays the one-time USD $350 fee. The resulting instance is owned by the Customer.

Optional Arino Core Connection

• Connecting an instance to Arino Core is optional and separate from the build; it is never automatically bundled
• USD $50 per month, with the first month free, or USD $450 per year
• All connection fees are charged via Stripe in US Dollars

Usage Fees

• WebRTC voice: USD $0.009 per minute
• Ping Me devices: USD $200 per device, purchased at client.arino.one, then USD $0.10 per press and USD $0.009 per minute of talk time
• All messaging and PSTN traffic is billed at the Customer’s own underlying Infobip rates, passed through at cost with no Arino One markup
• Third-party services the Customer contracts directly (including its Lovable subscription) are billed by those providers, not by Arino One

5Service Level Agreement (SLA)

SLA commitments apply to paid subscribers only. Free account users are not covered by the SLA but will benefit from Arino One's best-efforts service delivery.

Platform Availability

• 99.9% uptime guarantee for paid subscribers, measured monthly
• Maximum permitted downtime: 8.77 hours per calendar year, excluding scheduled maintenance windows
• Scheduled maintenance communicated at least 48 hours in advance
• Status updates are communicated proactively during any active incident

Support Response Times

• Critical Issues (platform down, data breach): 2-hour response, 8-hour resolution target
• High Priority (major feature outage): 8-hour response, 24-hour resolution target
• Standard Requests (feature issues, queries): 24-hour response, 72-hour resolution target
• General Inquiries (billing, onboarding): 48-hour response

Message Delivery Performance

• 99.5% message delivery success rate target for all sent messages
• Average message processing time of under 30 seconds under normal load
• Real-time delivery status reporting and webhooks available
• Automatic retry mechanisms for failed messages where technically feasible

SLA Remedies

• Service credits issued for sustained downtime exceeding SLA thresholds, calculated as a percentage of monthly fees proportional to excess downtime
• Detailed incident reports provided for all service disruptions exceeding 30 minutes
• Proactive communication during all active service incidents
• Service credits constitute the sole and exclusive remedy for SLA breaches

6User Obligations & Compliance

General Compliance

• Comply with all applicable laws and regulations in the jurisdictions in which the Customer operates
• Follow WhatsApp Business Policy, Commerce Policy, and all Meta Developer Platform Terms
• Maintain full GDPR compliance and all applicable EU data protection obligations
• Respect all applicable intellectual property rights
• Maintain accurate and up-to-date business information on the Platform

WhatsApp Opt-In Requirements (Mandatory)

• Obtain explicit, granular, and freely given prior consent from each End User before sending any WhatsApp messages
• Ensure that opt-in clearly states the Customer's business name and that the End User will receive messages via WhatsApp
• Obtain separate consent for each distinct message type or purpose (e.g., marketing, transactional alerts, support)
• Implement and maintain a clear, simple, and functional opt-out mechanism in every communication
• Maintain verifiable records of all opt-in consent, including the date, method, and content of consent
• Immediately honour opt-out requests and cease messaging within 24 hours of receiving an opt-out signal
• Never send messages to End Users who have previously opted out, except to confirm their opt-out status

Message Template Compliance

• All business-initiated messages must use Meta-approved Message Templates (HSMs)
• Customers are responsible for the accuracy, legality, and compliance of all template content
• Templates must accurately describe the message content and must not be used for unapproved purposes
• Templates may not be materially altered after approval without resubmission to Meta
• Customers must ensure that templates comply with the correct category (Marketing, Utility, Authentication)

WhatsApp Phone Number Quality Rating

• Meta assigns a quality rating (High, Medium, or Low) to each WhatsApp Business phone number based on End User feedback
• A rating of 'Low' may result in restrictions on message sending limits or Meta disabling the phone number
• Arino One reserves the right to temporarily restrict message sending if a Customer's quality rating falls to 'Low'
• Customers whose phone numbers are disabled by Meta due to policy violations may not be eligible for refunds of prepaid subscription fees

Account Security

• Maintain the security of all account credentials and access tokens
• Implement and enforce strong password policies for all Platform users
• Enable two-factor authentication (2FA) where available (strongly recommended)
• Notify Arino One immediately at hello@arino.one upon discovery of any unauthorised access
• Regularly review and audit user roles and access permissions

7Acceptable Use Policy & Prohibited Activities

Strictly Prohibited Activities

• Sending unsolicited commercial messages (spam) or messages without valid WhatsApp opt-in consent
• Distributing malware, viruses, phishing links, ransomware, or any harmful content
• Impersonating any person, business, government entity, or brand
• Violating any applicable intellectual property rights
• Harassing, threatening, abusing, defaming, or discriminating against any message recipient
• Circumventing or attempting to circumvent rate limits, messaging thresholds, or technical restrictions
• Interfering with or attempting to gain unauthorised access to Platform operations or security systems
• Engaging in or facilitating any illegal or unlawful activity
• Using the Platform for automated or bulk messaging without proper opt-in consent
• Reselling Platform access or API credentials to any third party without Arino One's prior written consent

Prohibited Content Categories (Meta WhatsApp Commerce Policy)

• Adult content, adult entertainment, or sexually explicit material
• Tobacco products, e-cigarettes, vaping products, or related paraphernalia
• Illegal drugs, controlled substances, or drug paraphernalia
• Prescription-only medicines or health products making unsubstantiated medical claims
• Weapons, ammunition, firearms, explosives, or items designed to harm individuals
• Gambling, betting, or gaming services (unless specifically approved by Meta)
• Financial products or services without relevant regulatory authorisation
• Multi-level marketing (MLM) schemes, pyramid schemes, or deceptive business opportunities
• Counterfeit goods, replica items, or products infringing third-party IP rights
• Political advertising, political fundraising, or issue-based advocacy campaigns
• Content targeting minors inconsistent with child protection laws or Meta's policies

Enforcement Actions

• Immediate suspension of message sending pending investigation
• Permanent account suspension or termination without refund
• Reporting violations to Meta, which may result in independent enforcement including phone number disablement
• Referral to relevant law enforcement authorities or regulatory bodies where required by law
• Legal action for material, repeated, or egregious violations

8Payment Terms & Billing

Billing Structure

• Subscription fees charged monthly or annually as agreed in the applicable order form
• Message volume charges calculated based on applicable usage tier and conversation category pricing
• All fees denominated in US Dollars (USD) and charged via Stripe unless otherwise specified
• Additional charges apply for premium integrations or features as set out in the service agreement
• All fees are exclusive of VAT and any other applicable taxes

Payment Terms

• Payment due within 14 days of the invoice date unless otherwise agreed in writing
• Credit card payments processed automatically on the billing date
• Bank transfer payments require 7 days advance notice and must reference the invoice number
• Late payment interest may be applied in accordance with the EU Late Payments Directive (2011/7/EU) after 30 days overdue
• Access may be suspended for accounts with outstanding invoices more than 60 days overdue

Pricing Changes

• 90 days advance written notice of any changes to subscription fees
• Message pricing updates arising from Meta's own pricing with minimum 30 days notice
• Grandfathered pricing honoured for existing fixed-term contracts until end of contracted term
• Customers who do not accept pricing changes may terminate during the notice period

Refund Policy

• Subscription fees paid in advance are non-refundable except where required by applicable law
• Usage incurred prior to termination is non-refundable
• Unused prepaid subscription fees at termination may be refunded on a pro-rata basis at Arino One's discretion

9Data Handling, Privacy & Data Processing Agreement

This section constitutes the Data Processing Agreement (DPA) required under Article 28 of the GDPR. By entering into this Agreement, the Customer (as Controller) appoints Arino One (as Processor) to process Personal Data on its behalf under the terms set out below.

Roles & Responsibilities

• The Customer acts as the Data Controller in respect of all Personal Data relating to its End Users
• Arino One acts as the Data Processor, processing Personal Data solely on behalf of and under the documented instructions of the Customer
• Where Arino One independently determines the purposes and means of any data processing, Arino One shall be deemed a Data Controller

Arino One's Obligations as Processor

• Process Personal Data only on documented instructions from the Customer
• Ensure persons authorised to process Personal Data are subject to confidentiality obligations
• Implement appropriate technical and organisational security measures (Article 32 GDPR)
• Assist the Customer in responding to data subject rights requests under Chapter III GDPR
• Assist the Customer in ensuring compliance with Articles 32-36 GDPR
• Upon termination, delete or return all Personal Data at the Customer's choice
• Make available all information necessary to demonstrate compliance and allow for audits

Authorised Sub-Processors

• Meta Platforms Ireland Limited — WhatsApp Business Platform infrastructure, message routing, and delivery
• Zapier Inc. — Workflow automation and CRM integration (where enabled by Customer)
• Make (formerly Integromat) — Workflow automation and CRM integration (where enabled by Customer)
• Monday.com Ltd. — CRM integration and project management (where enabled by Customer)
• Bitrix24 — CRM integration and team collaboration (where enabled by Customer)

International Data Transfers

• Meta processes data globally including outside the EEA, relying on Standard Contractual Clauses (SCCs) under Article 46(2)(c) GDPR
• Transfers by Arino One or Sub-Processors outside the EEA are conducted only with appropriate safeguards under Chapter V GDPR
• Details of applicable transfer mechanisms available upon written request to legal@arino.one

Data Retention & Deletion

• Message data retained for 12 months following the date of the message, then securely deleted or anonymised
• Account data retained for the duration of the Agreement and 30 days following termination
• Aggregated and anonymised analytics data may be retained indefinitely for platform improvement
• Financial and billing records retained for minimum 7 years per Irish Revenue requirements
• Consent records retained for minimum 3 years following the last relevant consent event
• Customer data exportable in standard format within 30 days upon written request following termination

Data Subject Rights

• Right of access (Article 15): Obtain confirmation of processing and a copy of Personal Data
• Right to rectification (Article 16): Have inaccurate Personal Data corrected
• Right to erasure (Article 17): Have Personal Data deleted ('right to be forgotten')
• Right to restriction (Article 18): Restrict processing in certain circumstances
• Right to data portability (Article 20): Receive Personal Data in a structured, machine-readable format
• Right to object (Article 21): Object to processing for legitimate interests or direct marketing

Data Breach Notification

• Arino One will notify the Customer without undue delay, within 72 hours of becoming aware of any Personal Data breach
• Notification will include the nature of the breach, categories and number of data subjects affected, likely consequences, and measures taken
• The Customer is responsible for assessing whether a breach requires notification to the DPC and/or affected End Users

10Intellectual Property Rights

Arino One Intellectual Property

• All Platform software, features, innovations, source code, and user interfaces are the exclusive intellectual property of Arino One
• All trademarks, logos, trading names, and branding elements are protected by Irish and EU trade mark law
• Platform documentation, training materials, and published guides are protected by copyright
• API specifications, integration tools, and proprietary methodologies are confidential and proprietary
• No licence to any Arino One intellectual property is granted except as expressly set out in this Agreement

Customer Intellectual Property

• Customers retain all rights, title, and interest in their business content, message copy, brand assets, and Customer data
• The Customer grants Arino One a limited, non-exclusive, royalty-free licence to use Customer content solely for providing Platform services
• The Customer is solely responsible for ensuring all content submitted complies with applicable law and does not infringe third-party IP rights
• Arino One will provide reasonable backup and data recovery services for Customer data

11Limitation of Liability

To the maximum extent permitted by applicable Irish and EU law, Arino One and the Customer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of business opportunities, loss of revenue, loss of goodwill, or business interruption.

Liability Limitations

• For both parties, the total aggregate liability shall not exceed fees paid by the Customer in the 12-month period preceding the claim
• Nothing excludes the parties' liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation
• Arino One's liability as a Data Processor under the GDPR shall be governed by applicable data protection law, and the Customer's liability as a Data Controller under the GDPR shall be governed by applicable data protection law
• Force majeure events for both parties (acts of God, pandemics, government acts, cyberattacks, Meta platform failures) exclude liability
• Each party shall notify the other promptly of any Force Majeure Event and use reasonable endeavours to mitigate its effects

12Termination & Contract End

Customer Termination

• 30 days written notice to legal@arino.one required for contract termination
• Immediate cancellation of future-dated campaigns available through the Platform interface
• Refunds of prepaid subscription fees subject to the refund policy in Section 8.4
• Customer data remains available for export for 30 days following termination
• All outstanding fees remain due and payable following termination

Arino One Termination Rights

• Immediate termination for material policy violations (Section 6 or Section 7) or violations of Meta's platform policies
• 30 days written notice for non-payment or material breach of any other term
• Suspension of Platform access without notice for urgent security or compliance issues
• Service discontinuation with 90 days advance written notice with pro-rata refunds where applicable

Post-Termination

• All Platform access and API credentials deactivated on the effective termination date
• Customer data securely deleted following applicable retention periods in Section 9 (Data Retention & Deletion)
• All payment obligations, limitations of liability, IP provisions, and data protection obligations survive termination
• Any confidential information of either party must be returned or destroyed upon request

13Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is designated as confidential or that should reasonably be understood to be confidential.

• Each party will use Confidential Information only as necessary to perform obligations under this Agreement
• Each party will use at least the same degree of care for the other's Confidential Information as for its own
• Confidentiality obligations do not apply to information that: (a) is publicly available, (b) was previously known, (c) is independently developed, or (d) is required to be disclosed by law
• Confidentiality obligations survive termination for a period of 5 years

14Governing Law & Dispute Resolution

This Agreement and any disputes or claims arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of Ireland and, where applicable, the laws of the European Union.

Dispute Resolution

• Good faith negotiation for 30 days following written notice identifying the dispute
• Mediation through the Irish Commercial Mediation Centre (ICMC) or another mutually agreed mediation service
• Exclusive jurisdiction of the courts of Ireland if mediation is unsuccessful
• EU-wide enforcement of Irish court judgments under applicable EU regulations
• Nothing prevents either party from seeking emergency or interim relief from any court of competent jurisdiction

15General Provisions

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future
• Assignment: The Customer may not assign rights without Arino One's prior written consent
• Notices: All legal notices must be in writing and sent to the addresses set out in Section 17
• Relationship: The parties are independent contractors; no partnership, joint venture, or employment relationship is created
• Language: This Agreement is executed in English, which governs in the event of any conflict with translations

16Changes to Terms

Arino One may modify this Agreement from time to time to reflect changes in our services, legal requirements, or business practices.

Notification Process

• Material changes communicated to Customers via email at least 30 days before changes take effect
• Platform notifications accompany all significant updates
• Updated terms posted at arino.one/terms with a revision date
• Continued use after the effective date constitutes acceptance of updated terms
• Customers who do not accept material changes may terminate without penalty during the notice period

17Contact Information

For questions about these terms or our services: