Terms of Service

Contents

1. Acceptance of these terms
2. Who we are
3. Use of the website
4. Accounts and access to the services
5. Acceptable use and messaging policy
6. Third-party channels
7. Fees and payment
8. Customer data and privacy
9. Intellectual property
10. Feedback
11. Confidentiality
12. Trademarks
13. Disclaimers
14. Limitation of liability
15. Indemnity
16. Suspension and termination
17. Changes to these terms
18. Governing law and jurisdiction
19. Contact us

1. Acceptance of these terms

These Terms of Service (“terms”) govern your access to and use of the commleap.com website (the “website”) and, to the extent described below, the CommLeap platform, dashboards, APIs and related services (the “services”). By using the website or the services, you agree to these terms. If you are using the services on behalf of an organization, you confirm that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these terms, do not use the website or the services.

2. Who we are

The website and services are provided by CommLeap (“CommLeap”, “we”, “us” or “our”), headquartered in the Greater Toronto Area, Ontario, Canada. CommLeap provides an enterprise communications platform as a service (CPaaS), including access to the WhatsApp Business Platform as a Meta Tech Provider, SMS, Voice, Email and Verify APIs, an omnichannel inbox and campaign tools, and, when available, additional channels and features such as RCS Business Messaging and conversational AI.

3. Use of the website

You may browse the website and use its content for your internal business purposes, such as evaluating our services. When using the website, you agree not to:

• use it in any way that breaks the law or infringes anyone’s rights;
• attempt to gain unauthorized access to, disrupt or overload the website or any related systems;
• introduce malware or use automated means to scrape or harvest content or data, except as permitted by standard search engine indexing;
• submit false, misleading or unlawful information through our contact form, or impersonate any person or organization.

Content on the website, including product descriptions, pricing guidance and articles, is provided for general information only. It may change without notice and does not form part of any contract unless expressly included in an order form or agreement.

4. Accounts and access to the services

Access to the services is provided under an order form, master services agreement or other written agreement between CommLeap and the customer (together, the “customer agreement”). These terms provide a high-level summary of rules that apply to use of the services. If there is any conflict between these terms and the customer agreement, the customer agreement prevails.

If you are given an account, you are responsible for:

• providing accurate information and keeping it up to date;
• keeping your login credentials and API keys confidential and secure;
• all activity that occurs under your account and API keys, including by your authorized users;
• telling us promptly at info@commleap.com if you suspect unauthorized access or misuse.

We may require you to complete verification steps, such as business verification with Meta or sender and brand registration with carriers, before certain features or volumes become available.

5. Acceptable use and messaging policy

You are responsible for your use of the services and for all content you send, and you must use the services only in compliance with applicable law and these rules. In particular, you must:

• Obtain consent. Obtain and keep records of all consents and opt-ins required by law and by channel rules before sending messages or making calls to any recipient, and provide any notices your recipients are entitled to.
• Honor opt-outs. Provide clear opt-out mechanisms where required and honor opt-out, unsubscribe and “STOP” requests promptly and within any period required by law (for example, no later than 10 business days under CASL).
• Comply with the law. Comply with all laws and regulations that apply to your communications, including Canada’s Anti-Spam Legislation (CASL), the U.S. Telephone Consumer Protection Act (TCPA), the GDPR and other data protection laws, telemarketing and do-not-call rules, and anti-spam laws in every country where your recipients are located.
• Follow channel rules. Comply with the WhatsApp Business Solution Terms, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy and other applicable Meta and WhatsApp terms and policies, as updated from time to time, the policies of Google and other channel operators, mobile carrier and industry requirements (such as sender registration, content rules and messaging guidelines), and mailbox provider sender requirements.

You must not use the services to:

• send unsolicited bulk messages, spam or communications to purchased, rented or scraped contact lists;
• send content that is illegal, fraudulent, deceptive, defamatory, harassing, hateful, sexually explicit, or that promotes violence or prohibited or restricted goods and services;
• engage in phishing, smishing, spoofing or impersonation, or misrepresent your identity or the origin of a message;
• generate artificial traffic, including SMS pumping, toll fraud, artificially inflated traffic or verification abuse;
• infringe the intellectual property, privacy or other rights of any person;
• distribute malware, or probe, attack or interfere with the services, our systems or any network;
• circumvent usage limits, verification, security controls or channel restrictions, or resell the services without our written permission.

We may investigate suspected violations and cooperate with channel providers and law enforcement. We may block or remove content, pause campaigns or suspend access as described in Suspension and termination.

6. Third-party channels

The services connect you to communication channels operated by third parties, such as Meta (WhatsApp), Google, mobile network operators and carriers, and email mailbox providers. Each of these providers sets its own rules, policies, approval processes, fees and availability, which may change at any time — sometimes with little notice. For example, a channel provider may reject a message template, restrict a sender, change pricing or limit delivery.

CommLeap does not control these providers and is not responsible for their acts or omissions, including message filtering, blocking, delays, delivery failures, account restrictions or changes to their services. For WhatsApp, CommLeap is a Meta Tech Provider: you own your WhatsApp Business Account, and Meta bills WhatsApp messaging charges directly to that account under Meta’s terms; CommLeap does not invoice or resell those charges. Where other channel providers charge fees for messages or services delivered through CommLeap (for example SMS, Voice or Email), those charges are invoiced by CommLeap as set out in your customer agreement, and may be adjusted when the provider changes its prices. Your use of a channel may also be subject to the provider’s own terms, which you must accept and comply with.

7. Fees and payment

CommLeap invoices only its own fees and non-WhatsApp channel usage. These fees, including platform fees and usage-based charges, are set out in your order form or customer agreement, along with billing, payment, tax and renewal terms. WhatsApp messaging charges are billed by Meta directly to your WhatsApp Business Account under Meta’s terms and are paid to Meta, not to CommLeap. Unless your customer agreement says otherwise, fees are exclusive of taxes and are non-refundable. We may suspend the services for overdue amounts in accordance with your customer agreement. Contact us for general pricing information.

8. Customer data and privacy

As between you and CommLeap, you retain ownership of the content and data you submit to the services (“customer data”). You grant CommLeap a limited right to host, process, transmit and display customer data as needed to provide, secure and support the services, and as otherwise permitted by your customer agreement. We do not use customer data to train shared AI models. You are responsible for the accuracy and lawfulness of customer data and for having the rights and consents needed for us to process it.

We process personal information within customer data as your processor or service provider, under your instructions and our data processing agreement. Our handling of personal information about website visitors, prospects and business contacts is described in our Privacy Policy. Information about how we protect data is available on our Security page.

9. Intellectual property

CommLeap and its licensors own all rights, title and interest in and to the website, the services, and all related software, documentation, designs, text, graphics and other materials, including all improvements and derivatives. Except for the limited rights expressly granted in these terms or your customer agreement, no rights are granted to you. You must not copy, modify, distribute, sell, reverse engineer or create derivative works of the website or services, except as permitted by law or with our written permission.

10. Feedback

If you give us suggestions, ideas or other feedback about the website or services, you agree that we may use it freely for any purpose without obligation or compensation to you. Feedback does not include your customer data or confidential information.

11. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential, including pricing, product roadmaps, technical information and customer data (“confidential information”). The receiving party will use the other party’s confidential information only for the purposes of the relationship, protect it with at least reasonable care, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations, or where required by law. Confidentiality terms in your customer agreement or a separate non-disclosure agreement prevail over this section.

12. Trademarks

“CommLeap” and our logos are trademarks of CommLeap. You may not use them without our prior written permission.

WhatsApp is a trademark of WhatsApp LLC, and Meta is a trademark of Meta Platforms, Inc. Other product and company names mentioned on the website, including those of carriers, mailbox providers and other channel operators, may be trademarks of their respective owners. They are used for identification purposes only, and their use does not imply any endorsement, sponsorship or affiliation.

13. Disclaimers

Except as expressly stated in your customer agreement, the website and services are provided “as is” and “as available”. To the maximum extent permitted by law, CommLeap disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title and non-infringement.

We do not warrant that the website or services will be uninterrupted, error-free or completely secure, or that any message, call or email will be delivered, delivered within a particular time or received by the intended recipient. Delivery depends on factors outside our control, including channel providers, networks and recipient devices. Service levels, if any, are set out in your customer agreement.

14. Limitation of liability

To the maximum extent permitted by law, and except as otherwise stated in your customer agreement:

• CommLeap will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, however caused and even if we were advised of the possibility of such damages; and
• CommLeap’s total liability arising out of or relating to the website, the services or these terms is limited as set out in your customer agreement or order form, to the maximum extent permitted by law.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these terms limits liability that cannot be limited under applicable law.

15. Indemnity

You will defend, indemnify and hold harmless CommLeap and its affiliates, officers, directors, employees and agents from and against any claims, fines, penalties, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your customer data or the content of your communications; (b) your use of the services in breach of these terms, your customer agreement or channel provider policies; or (c) your violation of any law, including laws on consent, telemarketing, anti-spam and data protection. Indemnification terms in your customer agreement prevail over this section.

16. Suspension and termination

We may suspend or restrict access to the website or all or part of the services, with or without notice, if we reasonably believe that: you have breached these terms or your customer agreement; your use poses a security, fraud or legal risk, or could harm CommLeap, our channel providers, other customers or recipients; a channel provider requires us to do so; or suspension is required by law. Where practical, we will give you notice and an opportunity to fix the problem, and we will restore access once the issue is resolved.

Either party may terminate the services as set out in the customer agreement. We may stop providing the website, or any part of it, at any time. Sections of these terms that by their nature should survive termination — including those on fees owed, customer data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law — will survive.

17. Changes to these terms

We may update these terms from time to time. When we do, we will revise the “Last updated” date at the top of this page, and for material changes affecting customers we will take reasonable steps to give advance notice, such as by email or through the services. Your continued use of the website or services after the changes take effect means you accept the updated terms. Changes to a signed customer agreement require the process set out in that agreement.

18. Governing law and jurisdiction

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and CommLeap agree to submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising out of or relating to these terms, the website or the services, unless your customer agreement provides otherwise.

If you are a consumer, nothing in these terms deprives you of the protection of mandatory laws of your place of residence or of any right to bring proceedings in its courts. In particular, if you are a consumer resident in Quebec, the Consumer Protection Act (Quebec) applies, and any provision of these terms that it prohibits does not apply to you.

19. Contact us

If you have questions about these terms, please contact us:

• Company: CommLeap
• Email: info@commleap.com
• Location: 47 Hanna Drive, Bowmanville, Ontario L1C 5M4, Canada

You can also reach us through our contact page.

General

If any provision of these terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with your customer agreement where applicable, are the entire agreement between you and CommLeap regarding their subject matter.