Terms of Service for N8N WhatsApp Integration

Effective Date: June 10, 2025
Last Updated: June 10, 2025

1. Acceptance of Terms

By using our automated WhatsApp business services powered by N8N workflow automation, you ("User," "Client," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

Service Provider: Katchak Agency
Contact: Henry-Morgan HAILLUS
Email: [email protected]
Phone: +590590696965
Location: Les Abymes, Guadeloupe, France

2. Service Description

2.1 Automated Services

Our WhatsApp integration provides:

• Automated Customer Support: AI-powered responses to inquiries
• Quote Generation: Automated creation and delivery of service quotes
• Document Processing: Integration with PandaDoc for contract signatures
• CRM Integration: Automated data management through Google Sheets and Gmail
• Workflow Automation: N8N-powered business process automation

2.2 Service Availability

• Operating Hours: 24/7 automated responses with human oversight during business hours (9 AM - 6 PM AST, Monday-Friday)
• Response Time: Automated responses within 5 minutes, human follow-up within 24 hours during business days
• Maintenance Windows: Scheduled maintenance communicated 48 hours in advance

2.3 Service Limitations

• Services are provided "as is" and "as available"
• We do not guarantee 100% uptime or immediate responses
• Complex requests may require human intervention and additional time

3. User Responsibilities

3.1 Acceptable Use

You agree to:

• Provide Accurate Information: Supply truthful and complete information
• Respectful Communication: Maintain professional and respectful language
• Legal Compliance: Use services only for lawful purposes
• Security: Keep your account information secure and confidential

3.2 Prohibited Activities

You may not:

• Spam or Abuse: Send excessive, repetitive, or unsolicited messages
• Harmful Content: Share malicious software, inappropriate content, or illegal materials
• System Interference: Attempt to disrupt, hack, or reverse-engineer our systems
• Impersonation: Misrepresent your identity or affiliation
• Commercial Misuse: Use services for unauthorized commercial purposes

3.3 Account Security

• Verification: You may be required to verify your identity for security purposes
• Unauthorized Use: Immediately report any unauthorized use of your account
• Responsibility: You are responsible for all activities under your account

4. Service Fees and Payment

4.1 Service Pricing

• Consultation: Initial automated consultation is complimentary
• Quote Generation: Free quote generation and delivery
• Service Implementation: Fees apply based on agreed project scope
• Additional Services: Custom workflows and integrations subject to separate pricing

4.2 Payment Terms

• Quotes Valid: 30 days from generation date
• Payment Schedule: As specified in individual service agreements
• Late Payments: Subject to 1.5% monthly service charge
• Disputes: Must be raised within 30 days of invoice date

4.3 Refunds and Cancellations

• Refund Policy: Refunds considered on case-by-case basis for undelivered services
• Cancellation: 48-hour notice required for service cancellation
• Work Product: Completed work remains property of client upon full payment

5. Intellectual Property

5.1 Service Content

• Our IP: N8N workflows, automation scripts, and proprietary processes remain our property
• Client Content: All client data, documents, and communications remain client property
• Third-Party Services: Subject to respective third-party terms (WhatsApp, Google, PandaDoc)

5.2 License Grant

• To Us: Limited license to process your data for service delivery
• To You: License to use our services according to these Terms
• Restrictions: No reverse engineering, copying, or redistribution of our systems

5.3 Copyright and Trademarks

• Respect: Do not infringe on third-party intellectual property rights
• Reporting: Report any suspected IP infringement to [email protected]
• DMCA Compliance: We comply with digital copyright laws

6. Data Protection and Privacy

6.1 Data Handling

• Privacy Policy: Governed by our separate Privacy Policy (incorporated by reference)
• Data Security: Industry-standard security measures implemented
• Data Retention: As specified in Privacy Policy
• Data Portability: Available upon request in standard formats

6.2 Third-Party Integration

• WhatsApp: Subject to WhatsApp Business API terms
• Google Services: Subject to Google Cloud Platform terms
• PandaDoc: Subject to PandaDoc terms of service
• AI Services: Subject to OpenAI/Claude API terms

6.3 Compliance

• GDPR: Full compliance for EU residents
• CCPA: Compliance for California residents
• Local Laws: Adherence to applicable Guadeloupe and French regulations

7. Service Level Agreements

7.1 Availability

• Uptime Target: 99.5% monthly uptime (excluding scheduled maintenance)
• Planned Maintenance: Maximum 4 hours monthly with advance notice
• Emergency Maintenance: As needed with immediate notification

7.2 Performance Standards

• Response Time: Automated responses within 5 minutes
• Human Escalation: Complex queries escalated within 1 hour
• Resolution Time: Standard issues resolved within 24 business hours
• Escalation Process: Available for urgent matters

7.3 Service Credits

• Downtime Compensation: Service credits for confirmed outages exceeding SLA
• Credit Calculation: Pro-rated based on downtime duration
• Credit Request: Must be submitted within 30 days of incident

8. Limitation of Liability

8.1 Disclaimer of Warranties

• As Is Basis: Services provided without warranties of any kind
• No Guarantees: No guarantee of specific outcomes or results
• Third-Party Services: No control over third-party service availability

8.2 Liability Limits

• Maximum Liability: Limited to fees paid for services in the 12 months preceding the claim
• Excluded Damages: No liability for indirect, incidental, or consequential damages
• Business Losses: Not liable for lost profits, data, or business opportunities

8.3 Indemnification

• Client Indemnification: Client indemnifies us against claims arising from their use of services
• Mutual Protection: Both parties protected against third-party claims related to IP infringement

9. Termination

9.1 Termination by Either Party

• Notice Period: 30 days written notice for termination without cause
• Immediate Termination: For material breach of Terms
• Data Retrieval: 90 days to retrieve data after termination

9.2 Effect of Termination

• Service Cessation: Immediate cessation of automated services
• Data Retention: Data deleted according to retention policy
• Outstanding Obligations: Payment obligations survive termination
• Transition Assistance: Reasonable assistance provided for service migration

9.3 Survival

These sections survive termination:

• Payment obligations
• Intellectual property rights
• Limitation of liability
• Confidentiality obligations

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by French law and regulations applicable in Guadeloupe.

10.2 Dispute Process

• Informal Resolution: Good faith negotiation required for 30 days
• Mediation: Professional mediation before litigation
• Jurisdiction: French courts have exclusive jurisdiction
• Language: Proceedings conducted in French

10.3 Class Action Waiver

Disputes must be resolved individually; class action lawsuits are waived.

11. Force Majeure

Neither party is liable for delays or failures due to:

• Natural Disasters: Hurricanes, earthquakes, floods
• Technical Failures: Internet outages, third-party service failures
• Government Actions: Regulatory changes, legal restrictions
• Other Causes: Beyond reasonable control of either party

Notice Requirement: Prompt notification of force majeure events required.

12. Updates and Modifications

12.1 Terms Updates

• Notification: 30 days advance notice for material changes
• Acceptance: Continued use constitutes acceptance of new terms
• Rejection: Right to terminate services if you disagree with changes

12.2 Service Updates

• Feature Updates: New features may be added without notice
• Security Updates: Implemented as needed for service protection
• Third-Party Changes: Updates to accommodate third-party service changes

13. Contact and Support

13.1 Customer Support

• Primary Contact: Henry-Morgan HAILLUS
• Email: [email protected]
• Phone: +590590696965
• WhatsApp: +590590696965
• Business Hours: 9 AM - 6 PM AST, Monday-Friday

13.2 Technical Support

• Automated Support: Available 24/7 through WhatsApp
• Human Support: Available during business hours
• Emergency Support: For critical service interruptions
• Response Time: Within 4 hours during business hours

13.3 Legal Notices

• Address: Katchak Agency, Les Abymes, Guadeloupe, France
• Legal Email: [email protected]
• Notice Period: 5 business days for delivery

14. Compliance and Certifications

14.1 Industry Standards

• ISO 27001: Information security management principles
• SOC 2: Service organization controls for security and availability
• GDPR: European data protection regulation compliance

14.2 Platform Compliance

• WhatsApp Business: Compliant with WhatsApp Business API policies
• Google Cloud: Adherent to Google Cloud Platform terms
• N8N: Following n8n.io best practices and guidelines

14.3 Regular Audits

• Security Audits: Annual third-party security assessments
• Compliance Reviews: Quarterly compliance verification
• Process Improvements: Continuous improvement based on audit findings

15. Accessibility

15.1 Service Accessibility

• Language Support: Primary support in French and English
• Alternative Formats: Available upon request for accessibility needs
• Assistive Technology: Compatible with standard accessibility tools

15.2 Communication Options

• Multiple Channels: WhatsApp, email, phone support available
• Written Confirmation: All agreements provided in writing
• Translation Services: Available for non-French/English speakers

16. Environmental Responsibility

16.1 Digital Sustainability

• Green Hosting: Use of renewable energy-powered cloud services
• Paperless Operations: Digital-first approach to reduce environmental impact
• Efficient Automation: Optimized workflows to minimize resource usage

17. Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Katchak Agency regarding our WhatsApp integration services.

Supersedes: All prior agreements, understandings, and communications
Amendments: Must be in writing and signed by both parties
Severability: Invalid provisions do not affect the remainder of the Terms

Acknowledgment: By using our WhatsApp business services, you acknowledge that you have read, understood, and agree to these Terms of Service.

Document Version: 1.0
Approval: Henry-Morgan HAILLUS, Katchak Agency
Next Review: December 10, 2025
Effective Territory: Worldwide with governing law as specified above