tigerAPI Terms of Service

DRAFT FOR REVIEW BY A LAWYER. Not published, not in force, not legal advice. Items in [square brackets] are open; every one is listed in ../LEGAL-OPEN-QUESTIONS.md. Hebrew counterpart: ../he/terms-of-service.md.

Version: [DRAFT 0.1] · Effective date: [to be set at publication]

1. Who we are and what these Terms cover

tigerAPI is operated by Tiger Media, Tiger Media Ltd, a company registered in Israel, company number 516171287, Ariel Sharon St 4, Migdal HaShachar, floor 25, Giv'atayim 5320047, Israel ("Tiger Media", "we", "us"). These Terms are a binding agreement between us and you, the person or business that creates an account or uses the service ("you"). They cover the tigerAPI website, console, API, documentation and related services (the "Service"). Together with the Privacy Policy, the Acceptable Use Policy and the Refund Policy they form the "Agreement". If you do not agree, do not use the Service.

If you accept on behalf of a company or client, you confirm that you may bind it, and "you" includes it.

2. The Service is unofficial: read this before you pay

2.1 The Service lets you operate a WhatsApp number that you control through an HTTP API, by linking that number as a linked device. It is not an official WhatsApp product and does not use the WhatsApp Business Platform.

2.2 Tiger Media is not affiliated with, endorsed by or connected to WhatsApp LLC or Meta Platforms, Inc. "WhatsApp" is a trademark of its owner and is used here only to describe what the Service works with.

2.3 Ban risk. Using WhatsApp through unofficial access can breach WhatsApp's own terms. WhatsApp may disconnect linked devices, restrict features, or suspend or permanently ban a number at any time and without telling us. We cannot prevent this and we do not guarantee that any number will stay connected, unrestricted or unbanned. Our rate limits, delays and other protective settings lower some risks and do not remove them. You accept this risk. Use a number you can afford to lose, and do not use a number that your business cannot replace.

2.4 The Service can stop working without notice if WhatsApp changes its systems. We will work to restore it, but we owe you no particular repair time.

2.5 "Green API compatible" means that the Service accepts a similar request format. We do not promise identical behavior to Green API or to any third-party SDK, tool or integration, which are outside our control.

3. Accounts

3.1 You must be at least 18 and able to enter into a contract. The Service is for businesses and professionals who use it for their trade, business or profession. It is not offered to consumers who act for personal, family or household purposes, and by opening an account you confirm that you are using the Service for business or professional purposes.

3.2 Give accurate details and keep them current. You are responsible for everything done with your account and your API tokens. Keep them secret. Tell us at info@tigerchat.co.il if you suspect misuse. We may reset a token we believe is exposed.

3.3 You may connect only a WhatsApp number that you own or are authorised to operate, with the knowledge of its holder.

4. Your responsibilities

4.1 You are solely responsible for the content of every message and file you send or receive through the Service, for obtaining every consent the law requires before you contact anyone, and for your own customers and end users.

4.2 You must follow all laws that apply to your messages, including anti-spam, privacy, data-protection and consumer laws (for example section 30A of the Israeli Communications Law (Telecommunications and Broadcasting), 5742-1982, the Israeli Protection of Privacy Law, 5741-1981, and the GDPR where it applies), and WhatsApp's terms.

4.3 You must follow the Acceptable Use Policy. Breaking it is a breach of these Terms.

4.4 The Service is not an archive. Keep your own copy of anything you need (see section 8).

5. Free trial

5.1 A new account can try the Service free for 7 days, with no payment card. The trial has lower limits than a paid plan (for example on messages, new contacts and groups). Limits are shown in the console and documentation and we may change them.

5.2 We may limit the trial to one per person, company, payment method or phone number, and may refuse or end a trial that looks like repeat or abusive sign-ups.

5.3 When the trial ends, sending and group changes stop. For a further 7 days you can still receive and read, so you can link a paid plan or export what you need. After that the instance is suspended, and an unpaid trial account and its data are deleted about 14 days after sign-up.

5.4 No card is taken for a trial, so nothing renews automatically at its end.

6. Plans, prices and payment

6.1 The published prices apply: currently US$10 per number per month, US$100 per number per year, US$400 per year for a pack of five numbers (the "Agency 5-Pack", about US$6.67 per number per month), or a prepaid period of 1, 3, 6 or 12 months at US$10 per number per month [confirm the final price list]. Prices are in US dollars and exclude taxes. Customers in Israel are charged VAT at the rate in force, shown on the invoice. Customers outside Israel who use the Service for business are not charged Israeli VAT and are responsible for any tax that applies to them in their own country.

6.2 Payment is by card through Stripe. You authorise us and Stripe to charge the plan price and any tax. Monthly and annual plans renew automatically for the same period until you cancel. A prepaid period ends when it ends and does not renew unless you choose to renew it [confirm].

6.3 You can cancel at any time in the console. Cancelling stops future renewals; the Service continues to the end of the period you paid for. Refunds are governed by the Refund Policy.

6.4 We may change prices with at least 14 days' notice by email or in the console; a change applies from your next renewal. If you do not accept it, cancel before then.

6.5 If a payment fails we may retry it and may suspend the Service until it succeeds. If you dispute a valid charge with your bank without first contacting us, we may suspend the account immediately and recover the amount and any bank fees.

6.6 Agencies and automation specialists. You may use the Service for your own clients' numbers on any paid plan. The Agency 5-Pack (US$400 per year for five numbers) is the agency price: buy as many packs as you need.

6.7 Your clients, your responsibility. You stay responsible to us for your clients' use: each client must comply with the Acceptable Use Policy and with anti-spam law (including section 30A of the Communications Law), and you answer for any breach as if it were yours. Your clients are your customers, not ours. You may not present tigerAPI under your own product name or use the tigerAPI name or brand as your own without our written permission.

7. Availability and changes

7.1 We aim to keep the Service running, but it is provided "as available". Any uptime figure or description of reliability is a goal and not a promise or service level, unless we agree a written SLA with you.

7.2 We may do maintenance, and add, change or remove features, limits or providers. We will try to give notice of changes that break working integrations, and may not be able to for urgent or security reasons.

8. Your data

8.1 You own your content. You give us a licence to store, process and transmit it only as needed to run, secure and support the Service and to comply with law.

8.2 Message content is kept for about 7 days in the message journal that serves history requests, and queued notifications for about 24 hours, after which they are deleted. Details are in the Privacy Policy. Because of this, you must store anything you need to keep yourself.

8.3 When you close your account, or an unpaid trial ends, we delete your data as the Privacy Policy describes. If a paid account is terminated, we may delete its data 30 days after the termination. Message and API logs are kept only for a limited period (Privacy Policy, section 2).

9. Suspension and termination

9.1 We may suspend, restrict or end any instance or your whole account, with or without notice, if we reasonably believe that you breached the Agreement or the law; that you created risk for us, WhatsApp users or other customers (including through abuse reports, number bans or a pattern of spam-like sending); that you did not pay; or if a provider, authority or law requires it. We also operate automatic protections (for example flags and limits) that can block sending until an operator reviews the account. Where we can, we will tell you why and how to put it right.

9.2 We may also suspend the Service for all customers or block all sending for a time (an emergency "kill switch") if we suspect a protocol change, a security problem or a wider abuse event. Receiving will continue where we can.

9.3 You can stop using the Service and close your account at any time.

9.4 If we end your account for breach, fees already paid are not refunded. If we end it without a breach on your side, we will refund the unused part of what you prepaid (Refund Policy).

9.5 Sections that by their nature continue after the Agreement ends, including payment obligations, disclaimers, liability limits, indemnity, governing law and disputes, continue.

10. Intellectual property

We and our licensors own the Service, its software, documentation, design and the tigerAPI name. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service while your account is active, under the Agreement. You may not copy it, reverse engineer it, scrape it, or use it to build a competing product. Except for the agency use that section 6.6 allows, you may not resell the Service or give third parties access to your instances as a service, and you may not present it as your own product (section 6.7). Feedback you give us can be used freely.

11. Disclaimers

To the extent the law permits, the Service is provided "as is" and "as available", with no warranties of any kind, express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, delivery of any message, or that a number will not be restricted or banned.

12. Limitation of liability

12.1 To the extent the law permits, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, customers, goodwill, data, messages, chat history, contacts or a phone number, or for business interruption, however caused, even if we were told it might happen. This includes loss caused by WhatsApp restricting or banning a number.

12.2 To the extent the law permits, our total liability arising out of the Agreement or the Service is limited to the fees you paid us in the 3 months before the event that gave rise to the claim, or US$100 if you paid nothing [lawyer to confirm the cap and the look-back period].

12.3 Nothing in the Agreement limits liability that the law does not allow to be limited, including for intentional misconduct or, where the law so provides, gross negligence, or any mandatory right you have as a consumer. 12.4 [Any claim against us must be brought within one year after the claim arises.] [You may bring a claim only in your own individual capacity, and not as a plaintiff or member of a class or representative action, to the extent the law permits.] [Lawyer to confirm both.]

13. Indemnity

You will defend and indemnify Tiger Media, its owners, officers, employees and contractors against claims, losses, fines and costs (including reasonable legal fees) that arise from your content or messages, your use of the Service, your breach of the Agreement or of any law, or a claim by a message recipient, by WhatsApp or Meta, by a regulator, or by your own customers.

14. Third parties

The Service depends on third parties such as WhatsApp, hosting, payment and email providers. We are not responsible for their services, changes or failures, and your use of them is under their own terms.

15. Changes to the Agreement

We may update the Agreement. We will post the new version with its date and, for material changes, notify you by email or in the console at least [14] days ahead. If you keep using the Service after the effective date, you accept the update. If you do not accept it, close your account before then.

16. Governing law and disputes

The Agreement is governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The competent courts of Tel Aviv-Jaffa, Israel, have exclusive jurisdiction over any dispute arising from it. Nothing prevents either party from seeking urgent relief in any competent court. [Lawyer to confirm treatment of consumers and non-Israeli customers.]

17. General

The Agreement is the whole agreement between us about the Service. If a clause is unenforceable, the rest remains in force. A failure to enforce a right is not a waiver. You may not assign the Agreement without our consent; we may assign it with the business. We are not liable for delay or failure caused by events outside our control, including changes or outages at WhatsApp, internet or hosting failures, and acts of authorities. We may send notices to your account email. If the Agreement is available in both English and Hebrew and the two differ, the Hebrew version prevails for customers in Israel (a customer whose business is registered in Israel or, for an individual, who lives in Israel), and the English version prevails for every other customer.

Contact: Tiger Media, Ariel Sharon St 4, Migdal HaShachar, floor 25, Giv'atayim 5320047, info@tigerchat.co.il.