Terms Of Service

Introduction

These Terms of Service govern the provision of services by Blue Relay to any individual or business entity engaging our services.

By purchasing or using our services, you agree to be legally bound by these Terms. 

 Blue Relay provides professional WhatsApp automation and chatbot solutions, including but not limited to:

• WhatsApp Business API setup assistance

• Chatbot design and configuration

• Workflow automation development

• Integration support (where applicable)

• Ongoing system management and optimization

Specific deliverables, timelines, and pricing shall be defined in a separate proposal, quotation, invoice, or service agreement.

We reserve the right to modify or discontinue service features where necessary.

 The Client agrees to:

• Provide accurate and lawful business information

• Obtain valid customer consent prior to initiating WhatsApp communication

• Comply with all applicable laws, including data protection and electronic communications laws

• Comply with WhatsApp Business and Meta Platform policies

The Client is solely responsible for all content, communications, and campaigns conducted through their WhatsApp Business account.

Blue Relay shall not be responsible for Client misuse of the platform.

Data Protection and Processing 

In the course of service delivery:

• The Client acts as the Data Controller

• Blue Relay acts as the Data Processor

We process personal data strictly:

• On documented Client instructions

• For the purpose of providing agreed services

• In accordance with applicable data protection laws, including the Botswana Data Protection Act

We do not sell, rent, trade, or claim ownership over Client customer data.

Where required, a separate Data Processing Agreement may be executed between the parties.

 Our services rely on third-party providers, including but not limited to:

• Meta Platforms (WhatsApp Business API)

• Automation or hosting infrastructure providers

Blue Relay is not responsible for:

• Service interruptions caused by third-party platforms

• Policy changes implemented by Meta

• Account suspensions resulting from Client non-compliance

The Client acknowledges that continued use of WhatsApp Business is subject to Meta’s policies and approvals.

All fees shall be outlined in a proposal, quotation, or invoice.

Unless otherwise agreed in writing:

• Setup fees are non-refundable once work has commenced

• Ongoing service fees must be paid in advance or as invoiced

• Failure to pay may result in service suspension or termination

Blue Relay reserves the right to revise pricing for future service periods upon notice.

Unless expressly agreed otherwise:

• The Client is granted a non-exclusive license to use the chatbot system during the active service period.

• Blue Relay retains ownership of proprietary systems, templates, frameworks, methodologies, and internal tools used in service delivery.

Upon termination, continued access to proprietary systems may be revoked unless separately licensed.

Both parties agree to maintain confidentiality of non-public business information shared during the course of engagement.

Confidential information shall not be disclosed to third parties without prior written consent, except where required by law.

To the maximum extent permitted by applicable law:

• Blue Relay shall not be liable for indirect, incidental, special, or consequential damages.

• Our total aggregate liability shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.

Nothing in these Terms excludes liability where exclusion is prohibited by law.

The Client agrees to indemnify and hold Blue Relay harmless against any claims, damages, penalties, or legal costs arising from:

• Client misuse of WhatsApp services

• Unlawful marketing practices

• Failure to obtain proper customer consent

• Breach of applicable laws

Either party may terminate services in accordance with the governing service agreement.

Upon termination:

• Outstanding fees become immediately payable

• Access to systems may be revoked

• Data handling shall follow agreed retention or deletion policies

Clients may not use our services for:

• Spam or unsolicited mass messaging

• Fraudulent, deceptive, or unlawful activities

• Distribution of prohibited goods or services

• Any activity violating WhatsApp Business policies

Violation may result in immediate suspension without refund.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Botswana.

Any disputes arising under these Terms shall be subject to the jurisdiction of the competent courts of Botswana.

Blue Relay reserves the right to update or amend these Terms at any time. Updated versions shall be published on our website.

Continued use of our services constitutes acceptance of the updated Terms.

Blue Relay
Email: info@bluerelay.org
Location: Botswana