Effective from: 21 October 2026

The Czech version of these terms prevails in case of discrepancy.

1. Introduction

1.1 These terms govern the use of the Quartex WhatsApp Gateway service (Meta app "wapp-gateway"; the "Service") provided by Quartex Praha, s.r.o., company ID 25678230, VAT ID CZ25678230, registered office Nádražní 203/9, 250 64 Měšice, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, section C, file 60466 (the "Provider").

1.2 The Service is intended for businesses and organisations (the "Client"), not consumers. The Client accepts these terms by connecting its WhatsApp Business account to the Service or by entering into a contract with the Provider. Where the Client has a separate contract with the Provider, that contract prevails over these terms.

1.3 These terms are supplemented by the Provider’s General Terms and Conditions (https://quartexpraha.cz/vseobecne-obchodni-podminky/, in Czech) and the Service’s Privacy Policy https://quartexpraha.cz/whatsapp/privacy-policy/. Where these terms differ, these terms prevail.

2. The Service

2.1 The Service connects the Client’s WhatsApp Business account through Meta’s official WhatsApp Business Platform (Cloud API) and in particular lets the Client:

• receive and store messages and attachments its customers send;
• make messages available to the Client’s internal applications through a secured API and events (webhooks);
• send replies, reactions and approved template messages;
• filter unsolicited messages and sort messages, possibly using language models;
• monitor message flow and view traffic statistics.

2.2 The Client can connect to the Service (a) a company number connected to the Cloud API only, whose conversations can be assigned to individual salespeople (e.g. by a code from a salesperson’s link or QR code), and (b) salespeople’s numbers in coexistence mode, where the salesperson keeps using the WhatsApp Business app on their phone. Both ways can be combined.

2.3 The scope, price and parameters of the Service for a particular Client are set by the contract or order.

3. WhatsApp Business account and Meta’s terms

3.1 The Client connects its own WhatsApp Business account and its own phone numbers. The relationship between the Client and Meta is governed by the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and other Meta terms, which the Client must comply with.

3.2 The Provider is not a party to the relationship between the Client and Meta and is not liable for Meta’s decisions (e.g. restricting or blocking an account or number, rejecting a template, changes to platform prices or features).

3.3 A company number connected to the Cloud API only cannot be used in the WhatsApp or WhatsApp Business app on a phone at the same time.

3.4 Where the Client connects a number that stays in use in the WhatsApp Business app (coexistence mode), the Client acknowledges that WhatsApp transfers the app’s contacts and, where applicable, the chat history of up to the last 6 months to the Service on connection, and that the limitations set by Meta apply in this mode (e.g. unsupported groups, view-once messages, disappearing messages and live location). The Client ensures that staff whose numbers it connects are informed of the processing.

3.5 Fees Meta charges for conversations or messages are paid by the Client directly to Meta unless the contract says otherwise.

4. Client obligations

The Client shall:

• use the Service only in compliance with the law and Meta/WhatsApp terms;
• contact through the Service only people who have opted in or who contacted the Client themselves, and respect their request to stop;
• not send unsolicited commercial communications, unlawful, misleading or harmful content, or malware;
• inform its customers about the processing of their personal data and have a legal basis for it;
• protect its Service credentials and API keys and report any misuse without delay;
• not interfere with the Service or attempt to circumvent its security.

5. Personal data

5.1 For the personal data of the Client’s customers, the Client is the controller and the Provider the processor. Processing is governed by a data processing agreement under Article 28 GDPR, which the Provider and the Client conclude together with the Service contract, at the latest before the Client connects its first WhatsApp Business account.

5.2 The Provider stores Service data on rented virtual servers in data centres within the European Union, which it manages itself, and shares it only with the parties listed in the Service’s Privacy Policy. The Client agrees that the Provider engages the provider of this infrastructure and the other sub-processors listed in the Privacy Policy as sub-processors.

6. Availability and support

6.1 The Provider uses reasonable efforts to keep the Service available at all times. Availability also depends on the Meta platform and internet connectivity, which the Provider does not control. The Provider announces planned maintenance in advance where possible.

6.2 Support: by e-mail at monika@quartexpraha.cz, on Czech business days from 8:00 to 16:00 CET. Guaranteed service levels (SLA) apply only where expressly agreed in the contract.

7. Liability

7.1 The Service is provided as is and to the extent the Meta platform allows.

7.2 The Provider is not liable for the content of messages sent by the Client or its customers, for decisions made based on automated message sorting, or for damage caused by an outage or change of the Meta platform.

7.3 The Provider’s total liability for damage is limited to the amount the Client paid for the Service in the preceding 12 months; this does not apply to damage caused intentionally or by gross negligence or where the law does not permit such a limitation.

8. Suspension and termination

8.1 The Provider may suspend access to the Service if the Client materially breaches these terms, if the security of the Service requires it, or if Meta restricts the Client’s account.

8.2 The Client may stop using the Service at any time by disconnecting its WhatsApp Business account and terminating the contract. After termination, the Provider will, on request, hand over the Client’s data in a common machine-readable format and then delete it within 30 days, except data it is legally required to keep.

9. Intellectual property

The Service software is the intellectual property of the Provider or used under licence (including open-source components). The Client receives only the right to use the Service for the duration of the contractual relationship. The Client’s data and message content remain the Client’s.

10. Changes

The Provider may change these terms. It will notify Clients by e-mail at least 30 days before the change takes effect; a Client that disagrees may terminate the contract as of that date.

11. Governing law

These terms and relationships arising from them are governed by the laws of the Czech Republic. Disputes will be decided by the competent courts of the Czech Republic, with local jurisdiction at the Provider’s registered office.