August 25, 2021

Terms of Use

You can use our Services via the Turn.io platform to send and receive WhatsApp messages over mobile networks globally. When you use our Services under Customer Terms of Service Contract (“the Customer Contract”), our Rules of Use apply to you.

Our Rules of Use are described below:

We are just a conduit, and as such, we do not take any responsibility for what is sent and where it goes. That is your responsibility.

1. Turn.io services: To deliver your messages, they are transmitted through a system of networks (“Turn.io/our system”). We cannot guarantee uninterrupted and continued use of our Services  – we don’t control the others in the network chain, network coverage or the mobile handset.

  1. During transmission, messages may flow through the systems of several mobile networks and aggregators (‘the chain’).
  2. Your WhatsApp message is considered delivered once it has been transmitted from the Turn.io system to the WhatsApp gateway.
  3. A WhatsApp message sent by a mobile phone user is considered to be delivered when it is submitted from our system to WhatsApp.
  4. We will try to ensure uninterrupted and continued use of our Services; however, this is largely dependent on the effective functioning of network service providers’ infrastructure, network coverage and the recipient’s mobile handset.

2. Your responsibilities and obligations for using our Services: These responsibilities are in addition to your responsibilities under the Customer Contract.

  1. You’re responsible for connectivity, following our rules and assisting us to fix problems.
  2. You must ensure that you can connect to our system.This means that you must carry the cost of all installations and the management of connectivity to our system.
  3. You must make sure that the messages sent and received on your account are in line with these Rules of Use.
  4. You must assist us with information we may need to investigate and fix problems with our systems or the services.
  5. You must route all directly or indirectly associated with any of our WhatsApp Business API services, via our messaging gateway. This will enable us to ensure that all Services offer the required confirmation messages as stipulated by the various industry codes of conduct and that those messages can be validated as having been submitted.
  6. In addition, you must permit every recipient who receives a message sent from a number allocated to your account to opt-out of receiving further communications from you by replying ‘stop’ (whether or not opt-out instructions were included in the SMS message). We recommend that you advertise  instructions on how to opt-out.
  • We reserve the right to investigate and/or suspend the number services if we determine, in our sole discretion, that the number of opt-outs received in respect of any number allocated to your account is excessive.
  • On our request, you will cooperate with us in identifying the source of and/or reasons for an excessive opt-out rate.
  • Your cooperation includes, but is not limited to, giving us proof of opt-ins and sharing content of sample messages sent to recipients from the relevant long numbers allocated to your account.

3. We may end the Services immediately without notice if you don’t comply with your responsibilities and obligations under the Customer Contract.

4. Due to the varying rules governing the use of IP messaging around the world we reserve the right to suspend your access to the Services at any time if:

  1. we have reason to believe that you are using the Services in contravention of our Customer Contract;  or
  2. these Terms of Use; or
  3. any industry code of conduct or applicable laws;
  4. or if you change the reason for which you are using our Services without letting us know.

In order for us to investigate whether your use of our Services is in compliance; we may request information from you regarding your use of our Services. You must provide us with all information reasonably necessary for us to complete our investigation within 5 business days from our request to you.

1. We will restore our Services to you once we are satisfied that the cause of suspension no longer exists.

2. We reserve the right not to restore Services and to terminate your account  and any or all of our Services to you, in accordance with Customer Contract if:

  1. you do not provide us with the information we request in order for us to investigate your use of our services within 5 business days of our request; or
  2. the information that you provide is, in our sole discretion, not sufficient to satisfy us that your use of our Services is compliant with our terms, industry codes of conduct and applicable law.

3. Terms for use of Demo Numbers: A demo number is a special number on shared infrastructure, that can be used for limited time for demo purposes.

  1. Sometimes wires may get crossed, because we have to recycle demo codes. We try not to allocate demo number codes used less than three months ago, but cannot guarantee this. It is possible that messages intended for the previous demo number  customer be sent to your account, and you agree to accept this risk.
  2. We may, in our discretion, automatically insert a footer in any message sent from a demo number with enough character space available.

4. You may be charged for the cost of the use of templated messages (subject to the terms of the Customer Contract).

  1. You must make sure that there are enough funds available in your account to cover the cost of the templated messages.
  2. If you have insufficient funds available on your account to cover the cost of the messages you send and receive, we will stop processing your messages and we will bill you for templated messages  sent.
  3. We do not monitor or have any control over how many templated messages you send and we will have no liability for the cost associated with it.

5. We may throttle message throughput due to WhatsApp restrictions. This is not as violent as it sounds. It just means that we will restrict the number and timing of messages to stay within the volume restrictions imposed by some suppliers.

6. Our Services may only be used for person-to-person communication. To clarify, you may use the Services to communicate via text messages with individuals such as customers, employees and other individuals interested in your business. A few examples of the types of communication for which this service may be used are appointment reminders, announcements and alerts.

7. The number service may not be used for transmission of any of the following:

  1. prohibited content, including child pornography, any content that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, any content that incites hatred and/or violence against any person or class of persons, and any other content prohibited by any applicable laws;
  1. spam;
  1. conduct prohibited by these Rules of Use and Customer Contract.