Terms of Service & Privacy Policy

These Terms of Service ("Terms") and Privacy Policy govern your access to and use of the FlareSend platform, including our website, dashboard, REST API, and all related services (collectively, "the Service").

By registering an account, accessing the dashboard, or using the API, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Service.

FlareSend is operated by AlphaFlare Systems Ltd. and is subject to the laws of the Republic of Kenya.

To use FlareSend you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Service under any applicable law.
• Register with accurate, current, and complete information.

By using the Service on behalf of a company or organisation, you represent that you are authorised to bind that entity to these Terms.

You agree to use FlareSend only for lawful purposes and in a manner consistent with all applicable local, national, and international laws and regulations, including WhatsApp's Business Policy.

• Sending spam, unsolicited bulk messages, or phishing content.
• Sending messages that are abusive, threatening, defamatory, or harassing.
• Distributing malware, viruses, or any malicious code.
• Impersonating another person, brand, or entity.
• Using the platform for illegal gambling, adult content, or regulated financial solicitations without appropriate licences.
• Circumventing WhatsApp's terms of service or platform limitations.
• Reselling access to the Service without written authorisation from FlareSend.
• Attempting to reverse-engineer, scrape, or disrupt the platform's infrastructure.

You are solely responsible for maintaining the confidentiality of your login credentials and API keys. FlareSend will never ask for your password by email or phone.

• Do not share your credentials or API keys with unauthorised parties.
• Revoke and regenerate API keys immediately if you suspect a breach.
• Notify us promptly at support@flaresend.com if you detect unauthorised access.

FlareSend is not liable for losses arising from your failure to safeguard your account credentials.

Access to paid features requires an active subscription. Payments are processed via M-Pesa (Safaricom STK Push). All amounts are quoted in Kenyan Shillings (KES) and are inclusive of applicable taxes unless stated otherwise.

• Subscriptions are activated immediately upon successful payment confirmation.
• Plans are non-refundable once activated, except where required by law.
• Failed or expired subscriptions will result in reduced access to paid features.
• FlareSend reserves the right to change pricing with 14 days' notice via email.

FlareSend strives for maximum uptime but does not guarantee uninterrupted service. The platform may experience downtime due to:

• Scheduled maintenance (announced in advance where possible).
• WhatsApp platform-level disruptions beyond our control.
• Force majeure events including natural disasters, cyberattacks, or network outages.

We do not offer credits or refunds for downtime caused by third-party services including WhatsApp or Safaricom M-Pesa.

Your privacy matters to us. Here is how we handle your data:

• Message content is never stored. Only metadata (recipient number, timestamp, status, type) is retained for tracking and billing purposes.
• Account information (name, email) is stored securely and never sold to third parties.
• We may share data with service providers (e.g. payment processors) only as necessary to operate the Service.
• You may request deletion of your account and associated data at any time by contacting support.
• We use industry-standard encryption in transit (TLS) and at rest.

All content, software, branding, and materials on the FlareSend platform are the exclusive property of FlareSend Ltd. or its licensors and are protected by copyright, trademark, and other applicable laws.

You may not copy, reproduce, distribute, or create derivative works from any part of the Service without prior written consent. Your use of the platform grants you a limited, non-exclusive, non-transferable licence to access and use the Service in accordance with these Terms.

Either party may terminate the agreement at any time. You may close your account from the dashboard settings. FlareSend reserves the right to suspend or terminate your account immediately if:

• You breach any provision of these Terms.
• Your usage creates legal, reputational, or technical risk to the platform.
• We receive a valid legal order requiring us to do so.

Upon termination, your right to access the Service ceases immediately. Metadata associated with your account may be retained for up to 90 days for legal compliance before deletion.

To the fullest extent permitted by law, FlareSend and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service.

Our total aggregate liability for any claim shall not exceed the amount you paid to FlareSend in the 30 days immediately preceding the event giving rise to the claim.

We reserve the right to modify these Terms at any time. When we make material changes we will:

• Send an email notification to your registered address.
• Display an in-dashboard banner for at least 7 days.
• Update the "Last updated" date at the top of this document.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you disagree with the new Terms, you must stop using the Service and close your account.

If you have questions about these Terms, a privacy request, or a legal inquiry, please reach out:

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