WhatsApp Merchant Terms of Service

Introduction

WhatsApp LLC (“WhatsApp,” “our,” “we,” or “us”) provides apps, software, features, services, and APIs designed and developed for businesses that give businesses the ability to receive payment for the sale, lease, or rental of goods or services, (“Customer Payments”). Customer Payments is a “Business Service,” as defined in the WhatsApp Business Terms of Service (“WhatsApp Business Terms”). By using Customer Payments, you and the company or business that you are authorized to represent (“you,” “your,” or “Company”) agree to these WhatsApp Merchant Terms of Service (“WhatsApp Merchant Terms”).

Our Role. We provide a convenient platform for you to set up and use Facebook Pay, a service provided by the Facebook Companies, to receive payment for the sale, lease, or rental of goods or services. Once you have set up Facebook Pay through WhatsApp, you are able to receive these payments from WhatsApp users who have set up Facebook Pay on WhatsApp. Payments are processed by third-party payment processors with whom you have a direct relationship and in accordance with their terms of service. Payments are not processed by us or other Facebook Companies. The ability to receive messages with a payment is a Business Service provided by WhatsApp.

We are not a licensed financial or payment institution; we do not receive, transfer, process, or store any funds in connection with Customer Payments; we do not act as service providers to payment processors; and we are not responsible for service interruptions or failures or acts or omissions of payment processors, payments systems, or financial or payment institutions, including the payment, settlement, and clearance of funds. If you have a deposit account at a financial or payment institution, you have a separate relationship with your financial or payment institution regarding that account, and WhatsApp has no affiliation with your financial or payment institution in this respect, even when your financial or payment institution is a payment processor.

We are not responsible for managing, paying for, or fulfilling any sales that result from your use of Customer Payments. We assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender.

Facebook Companies’ Role. When you use Customer Payments, Facebook Companies will provide services to you according to the Facebook Commerce Product Merchant Agreement, and subject to the fees listed therein. In connection with Customer Payments, Facebook Companies do not receive, transfer, process, or store your funds, or settle payments to your account.

Payment Processors’ Role. When you use Customer Payments, payment processors receive, transfer, process, or store funds; settle payments to your account; and provide services to you in accordance with their own terms.

Additional Terms and Policies

These WhatsApp Merchant Terms incorporate by reference the following policies and documents:

• WhatsApp Business Terms of Service
• WhatsApp Business Policy
• WhatsApp Business Data Processing Terms
• WhatsApp Intellectual Property Policy
• WhatsApp Brand Guidelines
• WhatsApp Commerce Policy

If there is any conflict between these WhatsApp Merchant Terms and the WhatsApp Business Terms of Service, these WhatsApp Merchant Terms control with respect to your use of Customer Payments. If there is any conflict between these WhatsApp Merchant Terms and the WhatsApp Business Policy, Business Data Processing Terms, Intellectual Property Policy, Brand Guidelines, or Commerce Policy, the WhatsApp Business Policy, Business Data Processing Terms, Intellectual Property Policy, Brand Guidelines, or Commerce Policy will govern.

Our Data Practices

Your registration and transaction request information. You understand and agree that under these WhatsApp Merchant Terms, WhatsApp collects and stores information you provide during Customer Payments registration and when you request payment from a WhatsApp user. When you register to use Customer Payments, we require you to provide information such as the Company’s business name, tax ID, address, information about the account into which the Company would like to receive payments, and information about the Company’s owner. When you request payments from a WhatsApp user, we collect additional information such as the amount requested and the phone number of the WhatsApp user. WhatsApp messages sent with payment requests are treated as described in our WhatsApp Business Terms.

Other Information. You understand and agree that under these WhatsApp Merchant Terms WhatsApp collects and stores: (a) usage, log, and functional information generated from your use of Customer Payments; (b) performance, diagnostics, and analytics information; (c) information related to your technical or other support requests; and (d) information about you from other sources such as WhatsApp users, businesses, third-party companies, and the Facebook Companies.

Data Use. We may share information collected under these WhatsApp Merchant Terms and WhatsApp Business Terms with the Facebook Companies, and we and the Facebook Companies will use all the information we have to develop, operate, provide, improve, understand, customize, support, and market our Business Services, our other services, and the services and products of the Facebook Companies, including to provide Customer Payments and to help prevent fraud and improve payments product experiences across the Facebook Companies.

We also share information collected under these WhatsApp Merchant Terms and WhatsApp Business Terms with payment processors. These payment processors use the information you and we share with them to provide Customer Payments and may also use this information as described in their own terms and privacy policies.

Our Global Operations. Regardless of where you use Customer Payments, you agree to the transfer and processing of information that we collect, store, and use under these WhatsApp Merchant Terms, to the United States and other countries globally where we have or use facilities, service providers, or partners. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Use of Customer Payments

Acceptable Use. You must access and use Customer Payments only for legal, authorized, and acceptable purposes, according to our WhatsApp Business Terms and posted policies. Deleting WhatsApp or Customer Payments before a transaction is complete may result in that transaction failing. WhatsApp may also cancel any transaction if we believe the transaction violates these WhatsApp Merchant Terms, the WhatsApp Terms, the above Additional Terms and Policies, Facebook Companies’ terms or policies, the payment processor’s terms, if we believe doing so may prevent financial loss or fraud, to protect the safety or security of our users or others, or for any other reason. Other actions that may be taken on your account include: placing a delay on a payment for a period of time, limiting payment methods for a transaction, limiting your ability to make a sale, or deactivating your account. You will not ship or deliver products sold via Customer Payments to any country other than the country corresponding to the country code of the phone number linked to your WhatsApp account. When registering for or using Customer Payments, you must provide accurate, current, and complete information and keep your information updated.

You are solely liable and responsible for any refunds issued on your behalf and any chargebacks in connection with Customer Payments, and we do not provide services in connection with the same. You authorize us to access, use, and interact with the payment processors and Facebook Companies about Customer Payments on your behalf, including with respect to authorizations, captures, refunds, cancellations, and the execution and monitoring of activity related to Customer Payments. You also authorize us to receive data from your payment processor to allow us to determine chargeback rates and refund rates for all of your transactions.

Your Use of Customer Data. You may only use any data, content, or other information about WhatsApp users that you receive in connection with your use of Customer Payments (a) in accordance with our terms and policies, (b) in accordance with a published privacy policy you make available to the WhatsApp users who use your services, and (c) in accordance with applicable laws and regulations.

No Less Favorable Treatment. You shall use commercially reasonable efforts to offer or market Customer Payments to customers or prospective customers in a manner no less favorable than other comparable payment options.

Service Providers. You may only use others to provide services to you or to third parties on your behalf (“Service Providers”) in connection with Customer Payments if they act on your behalf and are bound by an agreement to protect transaction and user information at least as much as is required under these WhatsApp Merchant Terms and all applicable laws and regulations. A breach of these WhatsApp Merchant Terms by any of your Service Providers will be deemed a breach by you.

Fees and Taxes. You must pay any applicable fees arising out of your use of Customer Payments, including any overdraft, transaction, or other fees charged by your bank or other financial or payment institution, payment processors, WhatsApp, or other Facebook Companies. You must comply with applicable tax laws in connection with your use of Customer Payments, including reporting and payment of any taxes related to transactions made through Customer Payments and any income received from such transactions. WhatsApp is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or other tax arising from any transaction you complete using Customer Payments.

Tools. Any tools we provide in connection with Customer Payments, including tools to allow you to view information about past transactions or to calculate default shipping rate, tax rate, or other data, are provided as a convenience only and you use them at your sole discretion and risk.

Updates to the WhatsApp Merchant Terms

We may amend or update these WhatsApp Merchant Terms, including all incorporated policies and documents. Changes to these WhatsApp Merchant Terms become effective upon the date that we publish such changes. Your continued use of Customer Payments confirms your acceptance of these WhatsApp Merchant Terms as amended. If you do not agree to these WhatsApp Merchant Terms as amended, you must stop using Customer Payments. Please review these WhatsApp Merchant Terms from time to time.