Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BFA Notify platform ("Service") operated by Butterfly Foundation & Agency ("we", "us"). By creating an account or otherwise using the Service, you agree to these Terms.

1. The Service

BFA Notify is a WhatsApp Business messaging platform. It lets a registered business customer ("Customer", "you") send messages to Customer's own end-recipients through the WhatsApp Cloud API provided by Meta Platforms, Inc. BFA Notify is a technical layer on top of the WhatsApp Cloud API; Butterfly Foundation & Agency is not affiliated with Meta or WhatsApp, and Meta is not party to these Terms.

2. Eligibility

You must be a registered business or a person legally authorized to accept these Terms on behalf of a business. You must be at least 18 years old. The Service is not intended for personal consumer use.

3. Account

• You are responsible for keeping your login credentials, access tokens, and API keys confidential.
• You are responsible for all activity on your account, including any messages sent and any charges incurred.
• You must notify us promptly if you suspect unauthorized access.

4. Acceptable use — WhatsApp compliance

When you use the Service to send WhatsApp messages, you must comply at all times with:

• The WhatsApp Business Messaging Policy.
• The WhatsApp Commerce Policy.
• Meta's Platform Terms and Developer Policies.
• All applicable Iraqi and international laws — including those on spam, telemarketing, data protection, and consumer rights.

In particular, you must NOT use the Service to:

• Send messages to recipients who have not given prior opt-in consent to receive WhatsApp messages from you.
• Send messages that are unlawful, deceptive, threatening, harassing, defamatory, or invasive of privacy.
• Send phishing messages or attempt to impersonate any person or organization.
• Send unsolicited marketing (spam) of any kind.
• Promote or facilitate any illegal product or service (including drugs, weapons, counterfeit goods, gambling where prohibited, etc.).
• Bypass, circumvent, or test the security of the platform.
• Resell, rent, or sub-license the Service to a third party without our written permission.

You agree to obtain and maintain documented opt-in consent from every recipient before sending them messages through the Service, and to provide proof of consent on request.

5. Templates & Meta approval

All template messages must be approved by Meta before they can be used. BFA Notify submits templates to Meta on your behalf when you create or adopt them, but the approval decision is made entirely by Meta. We are not responsible for, and cannot guarantee, the outcome or speed of that approval.

6. Pricing & billing

The Service operates on a pre-paid balance, denominated in Iraqi Dinar (IQD). Pricing per outgoing message depends on the template category as set by Meta:

• Authentication (OTP) — 25 IQD per message.
• Utility — 25 IQD per message.
• Marketing — 55 IQD per message.
• Service (free-text replies inside the 24-hour customer- initiated window) — free.

Prices are charged at the moment the message is submitted to Meta for delivery. Charges are not refunded if Meta later reports that a delivered message went unread. If Meta rejects the message before it is sent (e.g. because the template was disapproved), the charge is refunded automatically. We may change pricing on 14 days' notice to the admin email on each affected account.

7. Suspension & termination

We may suspend or terminate an account immediately and without refund if we have reasonable grounds to believe that the account is being used in violation of these Terms, Meta's policies, or applicable law, or if Meta requires us to do so. We will use reasonable efforts to notify the admin of the affected account.

You may close your account at any time by contacting us. Any positive balance at the time of voluntary closure is non-refundable except where required by law.

8. Intellectual property

The Service, including its software, design, and documentation, is the property of Butterfly Foundation & Agency. You retain ownership of your own data — your contacts, message content, templates, and uploads.

9. Disclaimer of warranties

The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that messages will be delivered in any particular time frame. Delivery is ultimately controlled by Meta and by the recipient's WhatsApp client.

10. Limitation of liability

To the maximum extent permitted by law, Butterfly Foundation & Agency's aggregate liability for any claim arising out of or relating to these Terms or the Service is limited to the amount you paid to us in the 3 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits or lost data.

11. Indemnity

You agree to indemnify and hold harmless Butterfly Foundation & Agency and its personnel from any claim by a third party (including by Meta) arising out of: your use of the Service; your violation of these Terms, Meta's policies, or applicable law; or messages you sent or attempted to send through the Service.

12. Governing law

These Terms are governed by the laws of Iraq. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the courts of Erbil, Kurdistan Region, Iraq.

13. Changes

We may update these Terms from time to time. We will notify the admin email on each affected account at least 14 days before material changes take effect. Continued use of the Service after the effective date means you accept the updated Terms.

14. Contact