TLDR;
This document outlines the Terms of Service for WhatsApp, detailing the agreement between WhatsApp LLC and its users. It covers various aspects of using WhatsApp, including privacy, acceptable use, intellectual property, disclaimers, limitations of liability, and dispute resolution. Key points include:
- Agreement to the Terms is required to use WhatsApp's services.
- WhatsApp provides communication services with strong privacy and security principles.
- Users must be at least 13 years old and use the service legally and responsibly.
- The Terms include a binding arbitration provision for users in the United States and Canada, waiving the right to a jury trial for most disputes.
- WhatsApp is part of the Facebook Companies and shares information to improve services and ensure safety.
About Our Services
This section describes the core principles and offerings of WhatsApp's services. WhatsApp prioritizes privacy and security while connecting users through various communication methods like messaging, voice and video calls, and location sharing. The platform is continuously improving by analyzing user behavior and collaborating with partners, service providers, and affiliated companies. WhatsApp also facilitates communication between users and businesses for orders, notifications, updates, and marketing. The company works to ensure safety, security, and integrity by addressing misuse and harmful conduct, and it utilizes a global infrastructure, including data centers, to operate its services. As part of the Facebook Companies, WhatsApp shares information to enhance user experience and security across platforms.
No Access to Emergency Services
WhatsApp explicitly states that its services do not provide access to emergency services like police, fire departments, or hospitals. Users must ensure they can contact emergency services through alternative means such as mobile or fixed-line phones.
Registration and User Requirements
To use WhatsApp, users must register with accurate information and a current mobile phone number, which they must update if changed. Users agree to receive verification codes via text messages and phone calls. The service may access and use phone numbers from the user's mobile address book, if permitted by law. Users must be at least 13 years old (or the minimum age required in their country) to use the service, and if underage, a parent or guardian must agree to the Terms on their behalf. Users are responsible for providing the necessary devices, software, and data connections, and they consent to automatic updates and notifications from WhatsApp. All fees and taxes associated with using the service are the user's responsibility.
Privacy Policy and User Data
This section emphasizes WhatsApp's commitment to user privacy. It directs users to the Privacy Policy for detailed information on data practices, including the types of information collected, how it is used and shared, and user rights regarding their data.
Acceptable Use of Our Services
Users must adhere to WhatsApp's Terms and policies, and violations may result in account suspension. The service must be used for legal and acceptable purposes, respecting the rights of WhatsApp, its users, and others. Users are prohibited from engaging in illegal, harmful, or abusive activities, including infringing intellectual property rights, spreading falsehoods, or impersonating others. Actions that harm WhatsApp or its users, such as reverse engineering, distributing viruses, or unauthorized data collection, are also forbidden. Users are responsible for maintaining the security of their accounts and devices.
Third-Party Services
WhatsApp may allow users to access third-party websites, apps, content, and other services, including Facebook Company Products. However, these Terms and the Privacy Policy only apply to the use of WhatsApp's Services. The use of third-party products or services is governed by their respective terms and privacy policies.
Licenses
WhatsApp does not claim ownership of user-submitted information but requires users to have the necessary rights to grant licenses under these Terms. WhatsApp owns all intellectual property rights associated with its Services, and users may not use these without express permission, except as specified in the Brand Guidelines. Users grant WhatsApp a worldwide license to use their information to operate and provide the Services. WhatsApp grants users a limited, revocable license to use the Services in accordance with the Terms.
Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement
This section outlines the process for reporting claims of intellectual property infringement. WhatsApp may take action, including account suspension, against users who infringe the intellectual property rights of others.
Disclaimers and Release
Users use WhatsApp Services at their own risk. The Services are provided "as is" without warranties of any kind. WhatsApp does not guarantee the accuracy, completeness, or safety of its Services and is not responsible for the actions or information of users or third parties. Users release WhatsApp Parties from any claims related to third-party actions.
Limitation of Liability
The WhatsApp Parties are not liable for any lost profits or consequential damages related to the Terms or Services. The aggregate liability is limited to $100 or the amount paid by the user in the past twelve months. This limitation applies to the maximum extent permitted by law.
Indemnification
Users agree to indemnify and hold harmless the WhatsApp Parties from any claims arising from their actions, information, content, or use of the Services. This includes liabilities, damages, losses, and expenses, including legal fees.
Dispute Resolution
This section specifies that users in the United States and Canada are subject to a Special Arbitration Provision. Other users agree that any claims against WhatsApp will be resolved in the United States District Court for the Northern District of California or a state court in San Mateo County, California. California law governs the Terms and any disputes. Claims must be brought within one year after the dispute arises.
Availability and Termination of Our Services
WhatsApp is continuously improving its Services, which may result in changes, interruptions, or discontinuation of certain features. Users can terminate their relationship with WhatsApp by deleting their account. WhatsApp may also terminate or suspend access to the Services for violations of the Terms or to protect its users and itself. Certain provisions, including those related to licenses, disclaimers, liability, indemnification, dispute resolution, and other general terms, will survive termination.
Other
This section includes various general terms. The Terms constitute the entire agreement between the user and WhatsApp. WhatsApp reserves the right to designate certain Services under separate terms. Users must comply with export control and trade sanctions laws. The English version of the Terms prevails over any translations. WhatsApp may amend the Terms, and continued use of the Services constitutes acceptance of the amended Terms. WhatsApp may assign its rights and obligations under the Terms. The Terms do not grant third-party beneficiary rights. Failure to enforce any provision does not constitute a waiver. If any provision is found unenforceable, it will be amended to the minimum extent necessary to make it enforceable.
Special Arbitration Provision For United States Or Canada Users
This section details the binding individual arbitration agreement for users in the United States and Canada, waiving their right to a jury trial for most disputes, excluding intellectual property disputes and small claims court cases. It outlines the process for arbitration, including the requirement to provide a Notice of Dispute and the administration by the American Arbitration Association (AAA). Users can opt out of this agreement within 30 days of accepting the Terms. Class actions, class arbitrations, and representative actions are not permitted.