Terms of Service

These Terms of Service (“Terms”) govern your use of the products and services provided by Nextelio SAS (“Nextelio”, “we”, “us”). By accessing or using our products, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1. The service

Nextelio provides software products, including Nextelio WhatsApp Suite, AMP Compiler and Easy AMP4Email, that help marketing teams design, review and operate campaigns on Salesforce Marketing Cloud and Meta’s WhatsApp Business platform.

Nextelio is a technology provider. We are not a Meta Business Solution Provider unless expressly stated in an order form. We do not resell messaging quotas, we do not send messages on your behalf under our own WhatsApp Business Account, and we do not control the WhatsApp Business Platform.

2. Accounts and eligibility

You must be at least 18 years old and legally able to enter into contracts. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us at security@nextelio.io of any unauthorised use.

3. Your responsibilities

• Bring your own WhatsApp Business Account. You are responsible for complying with Meta’s WhatsApp Business Solution Terms, the Meta Platform Terms, and any applicable messaging or advertising policies.
• Only send messages to recipients who have opted in through a method Meta considers valid, and honour opt outs immediately.
• Make sure the content you compose complies with law and with our Acceptable Use Policy.
• Keep your account credentials safe and use available protections (multi factor authentication, workspace roles) where they matter.
• Not attempt to reverse engineer, decompile or circumvent the service, and not use it to build a competing product.

4. Fees and payment

Where the service is offered under a paid plan, fees are stated in the applicable order form or product pricing page. Fees are exclusive of taxes, which you are responsible for. Amounts are due in advance and non refundable except where required by law or expressly stated in an order form. Overdue invoices accrue interest at the maximum rate permitted by French law.

Free tiers may be modified or discontinued at any time, provided we give reasonable notice.

5. Intellectual property

Your content stays yours. You keep all rights in the templates, code, copy, media and data you upload or generate in the service (“Customer Content”). You grant Nextelio a limited licence to host, process and transmit Customer Content solely to provide the service.

Our platform stays ours. Nextelio, our brand and the underlying software are and remain the property of Nextelio and our licensors. Except for the limited right to use the service under these Terms, no rights are granted to you.

You may use aggregated, anonymised statistics we produce from general product usage. We may use those statistics to improve our products.

6. Data protection

Our Privacy Policy describes how we handle personal data. Enterprise customers are covered by our Data Processing Addendum, which forms part of these Terms when signed or accepted.

7. Third party services

Our products integrate with third party services (Meta’s WhatsApp Business Cloud API, Salesforce Marketing Cloud, and others). Those services are governed by the third party’s own terms. We are not responsible for their availability, changes in their behaviour, or fees they charge.

8. Suspension and termination

We may suspend or terminate access if you materially breach these Terms, violate the Acceptable Use Policy, or if continued access would create legal, security or reputational risk for Nextelio or its other customers. Where practical, we will give notice and an opportunity to cure.

You may terminate at any time by cancelling from within the product or by writing to contact@nextelio.io. On termination, we will provide a reasonable period to export Customer Content, then delete it in line with the retention terms in the Privacy Policy.

9. Warranty disclaimer

Except as expressly stated in these Terms, the service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the service will be uninterrupted, error free, or secure against every conceivable attack.

10. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the service in any 12 month period will not exceed the fees you paid for the service in that period, or one hundred euros if the service is free. In no event will either party be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue or lost data.

Nothing in these Terms limits liability for gross negligence, wilful misconduct, or where limitation is not permitted by law.

11. Indemnification

You will defend and indemnify Nextelio against third party claims arising from your Customer Content, your violation of the Acceptable Use Policy, or your failure to comply with law or Meta’s terms.

12. Changes to the service and the Terms

We improve the products regularly. Material changes to the service or these Terms will be announced with at least 30 days’ notice, sent to the email on file for the account owner. Your continued use after the notice period constitutes acceptance.

13. Governing law and disputes

These Terms are governed by the laws of France. The courts of Paris have exclusive jurisdiction over any dispute arising from these Terms, save for the mandatory rights of consumers to bring proceedings in their country of residence.

14. Miscellaneous

These Terms, together with any order form and referenced policies, form the entire agreement between the parties on the subject. If any provision is held unenforceable, the remainder stays in effect. Failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign to an affiliate or successor.

15. Contact

Questions about these Terms: write to contact@nextelio.io.

Nextelio SAS, Paris, France.