Effective Date: January 4, 2021 (archived versions)
Table of Contents
Click here for the WhatsApp Contract Summary and for information we are required by the European Electronic Communications Code to provide.
If you live in Austria, these provisions supersede those in the below Terms and prevail over them.
In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your agreement to our Terms of Service ("Terms").
WhatsApp Ireland Limited ("WhatsApp," "our," "we," or "us") provides the services described below to you ("Services") if you live in a country or territory in the European Economic Area (which includes the European Union), and any other included country or territory (collectively referred to as the "European Region").
NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
Registration. You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Address Book. You can use the contact upload feature and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. Learn more about our contact upload feature here.
Age. If you live in a country or territory in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country or territory to register for or use our Services without parental approval. If you live in any other country or territory except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country or territory to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf in order for you to use the Services. Please ask your parent or guardian to read these Terms with you.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WhatsApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm To WhatsApp Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.
Keeping Your Account Secure. You are responsible for keeping your device and your WhatsApp account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Your Rights. WhatsApp does not claim ownership of the information that you submit for your WhatsApp account or through our Services. You must have the necessary rights to such information that you submit for your WhatsApp account or through our Services and the right to grant the rights and licenses in our Terms.
WhatsApp's Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliate companies only with their permission, including as authorized in any published brand guidelines.
Your License To WhatsApp. In order to operate and provide our Services, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).
WhatsApp's License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with the "Termination" section below.
You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "WhatsApp Parties") from any claim, complaint, cause of action, controversy, or damages (together, "Claim"), known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties. Your rights with respect to the WhatsApp Parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.
WhatsApp is only liable to the following extent:
WhatsApp is liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Directive.
WhatsApp will exercise professional diligence in providing the Services to you. Provided that we have acted with professional diligence, WhatsApp does not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
If you are a consumer and habitually reside in a country or territory within the European Region, the laws of your country or territory will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in your country or territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Ireland that has jurisdiction over the Claim and that the laws of Ireland will govern these Terms and any Claim, without regard to conflict of law provisions.
Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a WhatsApp user, you can terminate your relationship with WhatsApp anytime for any reason by deleting your account. For instructions on how to do so, please visit the Android, iPhone, or KaiOS articles in our Help Center.
Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.
If the important reason is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this does not apply if the party in breach seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.
In accordance with this "Termination" section, we may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. If you delete your account or we delete or disable it, these Terms will end as an agreement between you and us, but the following provisions will survive any termination of your relationship with WhatsApp: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Dispute Resolution," "Availability And Termination Of Our Services," and "Other.” If you believe your account's termination or suspension was in error, please contact us at email@example.com.
To access our Terms in certain other languages, change the language setting for your WhatsApp session. If our Terms are not available in the language you select, we will default to the English version.
Please review the following documents, which provide additional information about your use of our Services:
WhatsApp Intellectual Property Policy
WhatsApp Brand Guidelines