Terms and Conditions
These Terms govern the provision of Hype Digital's services on Meta's WhatsApp Business Platform, through the HypeDigital_studio application (App ID 1723243592262188). By connecting your WhatsApp Business account with us, you accept what is described here.
1. Parties and acceptance
These Terms are entered into between Hype Digital ("Hype Digital", "we"), a digital marketing agency operating from Lima (Peru), and the individual or legal entity that contracts its services and connects their WhatsApp Business account ("the Client", "you").
Acceptance occurs when the Client authorizes access to their account through Meta's Embedded Signup process, or when they begin using the service, whichever happens first.
2. Description of the service
With the access granted, Hype Digital may: send WhatsApp messages on the Client's behalf using templates previously approved by Meta; receive and process conversation events for that account (message receipt, delivery and read status); and produce attribution and conversion reports linking those conversations to the Client's advertising campaigns.
The specific scope of the contracted activities and their price are agreed separately in the corresponding commercial proposal or services agreement. In the event of a discrepancy between that document and these Terms, the services agreement prevails.
3. Scope of access: Hype Digital as Tech Provider
Hype Digital acts as a Tech Provider in the sense Meta gives to that role. This means we administer the Client's WhatsApp Business account, but we are not its owner.
The WhatsApp Business account, the associated phone number and the data of the end consumers who write to that account belong to the Client. Hype Digital processes them solely on the Client's behalf and following their instructions, for the purposes of the contracted service.
The Client retains at all times the ability to revoke the granted access from their own Meta Business Manager, without needing our intervention.
4. Client's responsibilities
• Keep their Meta Business account verified and in good standing, along with any company information Meta requires.
• Comply with WhatsApp and Meta messaging policies: use only approved templates and obtain prior consent (opt-in) from the contacts the messages are addressed to.
• Ensure they have sufficient legal basis to process their end consumers' data and to entrust that processing to us.
The Client understands that sending unsolicited messages degrades their number's quality rating, may lead to its limitation or blocking by Meta, and affects the reputation of the application supporting the service. Hype Digital may suspend sending if it detects practices that put the account at risk.
5. Billing and Meta charges
Meta charges per conversation or per message according to its current rate card. Since Hype Digital acts as a Tech Provider and does not share a credit line with the Client, those charges are billed directly to the payment method the Client has configured in their own Meta account.
Hype Digital's fees for implementation, management and reporting are invoiced separately, as agreed in the commercial proposal.
Hype Digital does not control or guarantee Meta's rate card, which may change at Meta's discretion.
6. Term, termination and offboarding
The service remains in effect for the duration of the agreed commercial relationship. Either party may terminate it as provided in the services agreement.
Upon termination, we revoke the access token to the Client's WhatsApp Business account and cease all operations on it. That same act triggers the data deletion procedure described on the corresponding page.
The Client keeps their account, number and history: terminating Hype Digital's service does not mean losing their WhatsApp Business account.
7. Limitation of liability
Hype Digital provides its services on third-party infrastructure (Meta and Google Cloud). We are not liable for outages, degradations, policy or pricing changes, or account suspensions attributable to Meta, WhatsApp or the hosting infrastructure.
Nor are we liable for consequences arising from the Client's breach of Meta's messaging policies, or from the content of the messages the Client chooses to send.
Our liability, where applicable, is limited to the amount of fees actually paid by the Client to Hype Digital in the three months preceding the event giving rise to it.
8. Data protection
The processing of personal data is governed by our Privacy Policy and by Peru's Personal Data Protection Law (Law No. 29733).
With respect to the Client's end consumers' data, the Client acts as data controller and Hype Digital as processor, handling it only in accordance with their instructions and the purposes of the service.
9. Changes to these Terms
We may update these Terms to reflect legal changes, changes to Meta's platform or to our services. The current version will be published on this page with its update date and, where the change is substantial, we will notify the Client by email.
10. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Peru. Any dispute arising from their interpretation or performance shall be submitted to the courts of Cercado de Lima, unless otherwise agreed in the services agreement.
11. Contact
For any question about these Terms: privacy@hy-pedigital.com.