API Terms of Service

1. Introduction and Acceptance

1.1 Agreement Scope

These API Terms of Service ("API Terms") govern your access to and use of the Appening Application Programming Interface ("API"), including all associated documentation, tools, sample code, software development kits ("SDKs"), sandbox environments, and related services (collectively, the "API Services").

These API Terms are supplemental to and incorporate by reference the Appening General Terms of Service and the Appening Privacy Policy. In the event of a conflict between these API Terms and the General Terms, these API Terms shall prevail with respect to API-specific matters.

1.2 Acceptance

By generating an API key, accessing the API documentation, making any API call, or otherwise using the API Services, you ("Developer," "you," or "your") accept and agree to be bound by these API Terms. If you are using the API on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these API Terms.

1.3 Who May Use the API

The API is available to holders of an active Appening account on a plan that includes API access. API access may be included as a standard feature or available as an add-on, depending on your subscription plan. Current plan details and API entitlements are available at https://www.app-ening.com/pricing.

2. API Access and Authentication

2.1 API Keys

Access to the API requires authentication via API keys issued through your Appening account dashboard. Each API key:

• Is unique to your account and must not be shared, transferred, sold, or made publicly available
• Is issued with a designated environment (Live or Sandbox) and scope
• Must be transmitted securely via the X-Api-Key HTTP header in every request
• May be revoked or rotated by you at any time through your account dashboard
• May be revoked by Appening for violation of these API Terms

2.2 API Key Security

You are solely responsible for maintaining the confidentiality and security of your API keys. You must:

• Store API keys securely (e.g., in environment variables, secrets managers, or encrypted configuration stores)
• Never embed API keys in client-side code, mobile applications, public repositories, or any publicly accessible location
• Never transmit API keys over unencrypted (non-HTTPS) connections
• Immediately revoke and regenerate any API key you believe has been compromised
• Implement appropriate access controls to limit which team members and systems can access API keys
• Notify Appening at security@app-ening.com immediately upon discovery of any unauthorized use

You are liable for all API activity that occurs using your API keys, whether authorized by you or not, until you revoke the compromised key and notify us.

2.3 Sandbox Environment

Appening provides a Sandbox environment for development and testing purposes. The Sandbox:

• Returns simulated responses and does not send actual WhatsApp messages or trigger real-world actions
• Is rate-limited independently from the Live environment
• May have reduced feature availability compared to the Live environment
• Must not be used for production workloads
• Data created in the Sandbox may be periodically purged without notice

2.4 Environments

3. Permitted Use and Restrictions

3.1 Permitted Uses

You may use the API to:

• Integrate Appening features into your own applications, systems, or workflows
• Automate business processes such as contact management, messaging, and workflow orchestration
• Build internal tools and dashboards that consume Appening data
• Connect Appening with third-party services (CRMs, ERPs, e-commerce platforms, etc.)
• Develop and distribute applications that use Appening functionality, provided such applications add substantial independent value beyond the Appening API itself

3.2 Prohibited Uses

You may NOT use the API to:

• Replicate the Platform: Create a product or service that replicates or substantially replaces the core functionality of the Appening platform
• Resell API Access: Resell, sublicense, or provide API access to third parties as a standalone service, or use the API to create a competing API service
• Circumvent Limits: Circumvent, bypass, or attempt to exceed rate limits, quota restrictions, or any other technical limitations imposed on your account or API key
• Abuse or Overload: Send requests at a rate or volume designed to degrade, disrupt, or damage the API infrastructure or other users' experience
• Spam or Unsolicited Messaging: Send unsolicited, bulk, or spam messages, or messages to recipients who have not provided opt-in consent, in violation of applicable anti-spam laws and WhatsApp policies
• Data Harvesting: Systematically scrape, harvest, or extract data from the API for purposes unrelated to your authorized use of the Appening platform
• Security Attacks: Probe, scan, or test the vulnerability of the API, or attempt to gain unauthorized access to any system, network, or data
• Reverse Engineering: Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying architecture of the API
• Misrepresentation: Misrepresent your identity, affiliation, or the source of API requests, or impersonate any person or entity
• Illegal Activity: Use the API for any purpose that violates applicable local, state, national, or international law or regulation
• Harmful Content: Transmit or distribute content that is defamatory, obscene, threatening, harassing, or that promotes violence, discrimination, or illegal activity
• Circumvent Security: Interfere with or bypass any security features, authentication mechanisms, or access controls of the API

3.3 WhatsApp Policy Compliance

The API enables sending WhatsApp messages. You are solely responsible for ensuring that your use of messaging features complies with:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• Meta Platform Terms
• All applicable telecommunications and marketing regulations in your jurisdiction (including TCPA, GDPR, DPDP Act, CAN-SPAM, TRAI regulations, and similar laws)

Violation of WhatsApp policies may result in your WhatsApp number being banned, your messaging quality rating being downgraded, or your account being suspended — any of which may occur without prior notice from Appening.

3.4 Voice Calling Compliance

If your plan includes Voice API access, you must additionally comply with:

• TRAI (Telecom Regulatory Authority of India) regulations, including permitted calling hours (9:00 AM to 9:00 PM IST for promotional calls)
• DND (Do Not Disturb) registry requirements
• All applicable telemarketing and robocall laws in the jurisdictions where you initiate calls

4. Rate Limits and Quotas

4.1 Rate Limiting

API requests are subject to rate limits based on your subscription plan. Current rate limits are published in our Rate Limits documentation. Rate limit information is included in API response headers:

• X-RateLimit-Limit — Maximum requests per second for your plan
• X-RateLimit-Remaining — Remaining requests in the current window
• X-RateLimit-Reset — Timestamp when the rate limit window resets

4.2 Monthly Quotas

Each plan includes a monthly API call quota. When your quota is exhausted:

• The API will return HTTP 429 Too Many Requests responses
• You may purchase additional quota or upgrade your plan via the account dashboard
• Quotas reset at the beginning of each billing cycle

4.3 Burst Limits

The API enforces per-second burst limits to protect infrastructure stability. Requests exceeding burst limits will receive 429 responses with a Retry-After header indicating when to retry.

4.4 Fair Use

Even within rate limits, Appening reserves the right to throttle, restrict, or suspend access at any time and without prior notice if your usage pattern is, in Appening's sole determination, abusive, creates disproportionate load, or negatively impacts other users or the API infrastructure.

5. Data Handling and Privacy

5.1 Data Responsibility

When using the API, you act as a Data Controller (under GDPR) or equivalent role under applicable data protection laws for the personal data you submit, process, or access through the API. Appening acts as a Data Processor on your behalf, processing personal data solely to provide the API Services.

5.2 Personal Data You Submit

You are responsible for ensuring that any personal data submitted through the API:

• Has been collected lawfully and with appropriate consent from data subjects
• Is accurate, relevant, and not excessive for the purposes of your use
• Is handled in compliance with your own privacy policy and applicable data protection laws
• Is not transmitted in violation of any cross-border data transfer restrictions

5.3 Data Processing

Appening processes data submitted via the API for the following purposes:

• Executing the requested API operations (sending messages, managing contacts, etc.)
• Enforcing rate limits, quotas, and security controls
• Generating anonymized, aggregated analytics for service improvement
• Maintaining audit logs for security and compliance purposes

Appening does not sell, rent, or share your data with third parties for their own marketing purposes.

5.4 Data Retention

Appening retains data in accordance with its operational, security, and legal requirements. Retention periods may vary and are subject to change without notice. In general:

• API Request Logs: Retained for a reasonable period for debugging, security, and billing audit purposes
• Business Data (contacts, conversations, etc.): Retained for the lifetime of your account; subject to deletion following account closure per the General Terms of Service
• Message Content: Subject to retention policies described in the General Terms of Service and WhatsApp's data retention requirements

Appening makes no guarantee regarding the availability or recoverability of any data and shall not be liable for any data loss, corruption, or deletion.

5.5 Data Security

Appening employs commercially reasonable security measures to protect data processed through the API. However, no method of electronic transmission or storage is 100% secure. Appening does not warrant or guarantee that its security measures will prevent all unauthorized access, breaches, data loss, or corruption, and shall not be liable for any such events. You acknowledge and accept the inherent risks of transmitting data over the internet.

5.6 Webhook Data

If you configure outbound webhooks to receive event notifications:

• You are responsible for securing the endpoint that receives webhook payloads
• Webhook payloads may contain personal data (contact names, phone numbers, message content)
• You must validate webhook signatures (X-Appening-Signature) to verify authenticity
• Failed webhook deliveries are retried with exponential backoff; after repeated failures, the webhook may be automatically disabled
• You must handle and store webhook data in compliance with applicable data protection laws

5.7 Data Processing Agreement

Enterprise customers requiring a formal Data Processing Agreement (DPA) for GDPR or other regulatory compliance may request one by contacting legal@app-ening.com.

6. Third-Party Infrastructure and Services

6.1 Service Architecture

Appening utilizes third-party infrastructure providers and service partners to deliver API functionality. This includes, without limitation, cloud hosting providers, message delivery networks, telephony providers, payment processors, and other technology partners.

6.2 WhatsApp Message Delivery

WhatsApp message delivery through the API is facilitated by authorized WhatsApp Business Solution Providers (BSPs) and Meta's WhatsApp Business Platform. Appening is not directly affiliated with Meta Platforms, Inc. or WhatsApp LLC, and does not guarantee:

• Message delivery, delivery speed, or delivery timing
• Availability of the WhatsApp platform or any BSP
• Consistency of WhatsApp's quality rating or messaging tier for your number
• Template approval outcomes (which are determined solely by Meta)

6.3 Voice Services

Voice calling functionality is provided through third-party telephony providers. Appening does not operate its own telephone network and is subject to the availability and limitations of its telephony partners.

6.4 Provider Abstraction

The Appening API provides a unified interface. The specific third-party providers used to fulfill API requests may change at any time without notice to you. Appening makes no commitment that API functionality, performance, pricing, or behavior will remain the same following a provider change.

6.5 No Warranty for Third-Party Services

Appening makes no warranties or representations regarding the performance, availability, or reliability of any third-party provider. Third-party service outages, policy changes, or limitations may affect API functionality without constituting a breach of these API Terms.

7. Fees, Billing, and Metering

7.1 Pricing

API access may be subject to fees based on your subscription plan. Pricing details, including plan tiers, included quotas, and per-unit overage charges, are published at https://www.app-ening.com/pricing.

7.2 Metered Usage

The following API operations may incur usage-based charges beyond your plan's included quota:

• WhatsApp Messages: Per-message fees based on country, category (utility, marketing, authentication), and conversation pricing as determined by Meta/WhatsApp
• Voice Calls: Per-minute charges based on call duration and destination
• API Calls: Overage charges if your monthly API call quota is exceeded
• Bulk Operations: Standard per-unit pricing applies to each item in a bulk request

7.3 Cost Estimation

The API may provide cost estimation features. Any cost estimates provided are approximate, non-binding, and provided for informational purposes only. Appening makes no representation or warranty regarding the accuracy of cost estimates. Actual charges may differ materially due to rate card updates, currency fluctuations, third-party pricing changes, or other factors. You are solely responsible for monitoring your actual charges and wallet balance.

7.4 Wallet and Prepaid Balance

Message delivery and voice calls are deducted from your prepaid wallet balance. You are solely responsible for maintaining a sufficient wallet balance. Wallet balances are non-refundable except as required by applicable mandatory law. If your balance is insufficient:

• Message delivery may be declined, delayed, or dropped without notice
• Voice calls may not be initiated or may be terminated
• Automated workflows (journeys, sequences) may be paused or cancelled

Appening shall not be liable for any losses arising from insufficient wallet balance, including failed message deliveries, missed customer communications, or disrupted automations.

7.5 Billing Disputes

If you believe you have been incorrectly charged, you must raise a billing dispute within 30 days of the charge by contacting billing@app-ening.com. Failure to dispute a charge within 30 days constitutes your acceptance of that charge. Appening may investigate disputes at its sole discretion and its determination shall be final. Appening is under no obligation to issue refunds, credits, or adjustments for any reason.

8. Service Availability

8.1 No Uptime Guarantee

THE API IS PROVIDED ON AN "AS AVAILABLE" BASIS. APPENING MAKES NO COMMITMENT, GUARANTEE, OR SERVICE LEVEL AGREEMENT REGARDING API UPTIME, AVAILABILITY, RESPONSE TIMES, THROUGHPUT, OR PERFORMANCE. The API may be unavailable at any time for any reason, including but not limited to maintenance, upgrades, infrastructure changes, third-party outages, or unforeseen events.

8.2 Maintenance and Changes

Appening may perform maintenance, upgrades, or infrastructure changes at any time, with or without prior notice, that may temporarily or permanently affect API availability. Appening is under no obligation to provide advance notice of maintenance windows, though it may choose to do so at its sole discretion.

8.3 Service Interruptions

Appening shall not be liable for any losses, damages, or costs arising from API downtime, service interruptions, degraded performance, or unavailability, regardless of cause, duration, or whether Appening had notice of the possibility of such interruption. You are solely responsible for designing your application to handle API unavailability gracefully (e.g., retry logic, fallback mechanisms, queuing).

8.4 No Remedies for Outages

Unless you have executed a separate, signed Service Level Agreement with Appening, you are not entitled to any service credits, refunds, fee reductions, or other remedies in the event of API downtime or service disruptions.

9. API Versioning, Changes, and Deprecation

9.1 Versioning

The API is versioned via the URL path (e.g., /api/v1/public/). Major version changes (e.g., v1 to v2) indicate breaking changes and will be introduced as a new version alongside the existing version.

9.2 Non-Breaking Changes

We may make the following changes to the API without prior notice, as these are considered non-breaking:

• Adding new API endpoints
• Adding new optional request parameters
• Adding new fields to response objects
• Adding new event types to webhooks
• Adding new error codes
• Changing the order of fields in JSON responses
• Improving performance or reliability

Your integration should be resilient to non-breaking changes. Specifically, your code should ignore unknown JSON fields and not depend on field ordering.

9.3 Breaking Changes

Breaking changes include removing endpoints, renaming fields, changing field types, removing required parameters, or altering authentication mechanisms. Appening will endeavor to provide reasonable advance notice of breaking changes, but reserves the right to make any changes to the API at any time, with or without notice, for security, legal, technical, or operational reasons. You are solely responsible for monitoring API documentation and changelogs for changes that may affect your integration.

9.4 Deprecation and Discontinuation

Appening may deprecate or discontinue any API endpoint, feature, or the entire API at any time, at its sole discretion, with or without notice. Appening shall not be liable for any costs, damages, or losses arising from the deprecation or discontinuation of any API feature or the API itself.

10. Intellectual Property

10.1 Appening IP

The API, documentation, SDKs, sample code, and all related materials are the intellectual property of Appening and are protected by copyright, trade secret, and other intellectual property laws. These API Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the API solely for the permitted uses described herein.

10.2 Your IP

You retain all rights to applications you build using the API. Appening claims no ownership over your code, data, or integrations.

10.3 License Grant to Appening

By submitting data through the API, you grant Appening a non-exclusive, worldwide, royalty-free license to process, store, transmit, reproduce, and use that data as necessary to provide, maintain, improve, and protect the API Services. Appening may additionally use anonymized and aggregated data derived from your usage for any purpose, including analytics, benchmarking, and service improvement. This license survives termination with respect to anonymized and aggregated data.

10.4 Feedback

If you provide feedback, feature requests, or suggestions about the API, you grant Appening an irrevocable, royalty-free, worldwide license to use that feedback for any purpose, including improving the API Services.

10.5 Branding and Attribution

• You may state that your application "integrates with Appening" or "powered by Appening" with our prior written consent
• You may not use Appening logos, trademarks, or branding without prior written permission
• You may not imply that Appening endorses, sponsors, or is affiliated with your application unless such a relationship exists
• Appening may list you as an integration partner on our website and marketing materials (you may opt out by contacting us)

11. Security and Responsible Disclosure

11.1 Your Security Obligations

You must implement reasonable security measures in your application, including:

• Securing your API keys as described in Section 2.2
• Implementing HTTPS for all communications with the API
• Validating webhook signatures before processing payloads
• Following OWASP best practices for web application security
• Keeping dependencies and libraries up to date
• Implementing proper error handling that does not leak sensitive data

11.2 Responsible Disclosure

If you discover a security vulnerability in the Appening API, you must report it immediately to security@app-ening.com. You must not:

• Publicly disclose the vulnerability before Appening has addressed it
• Exploit the vulnerability beyond what is minimally necessary to confirm its existence
• Access, modify, or delete data belonging to other users
• Perform any testing that degrades service for other users

Unauthorized security testing or failure to follow responsible disclosure may result in immediate API revocation and legal action. Appening reserves all rights and remedies with respect to any security violation.

12. Monitoring, Enforcement, and Suspension

12.1 Monitoring

Appening monitors API usage for security, performance, and compliance purposes. This monitoring includes:

• Request volume and rate patterns
• Error rates and response codes
• Suspicious or anomalous activity patterns
• Compliance with rate limits and quotas

12.2 Enforcement Actions

If we determine that your use of the API violates these API Terms, we may take one or more of the following actions, at our sole discretion:

• Warning: Notify you of the violation and request corrective action
• Throttling: Temporarily reduce your rate limits
• Suspension: Temporarily disable your API keys
• Revocation: Permanently revoke your API access
• Account Termination: Terminate your Appening account in severe or repeated cases

Appening may take any enforcement action immediately and without prior notice, at its sole discretion. Appening is under no obligation to provide a warning, cure period, or explanation before suspending or revoking your API access. You waive any claim arising from Appening's exercise of enforcement actions under this Section.

12.3 Effect of Suspension

During API suspension:

• All API calls will return 403 Forbidden
• Outbound webhooks will be paused
• Scheduled automations (journeys, sequences) triggered via API may be paused
• Your account dashboard and non-API features remain accessible unless your account itself is suspended

13. Disclaimers and Limitation of Liability

13.1 Complete Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE API AND ALL RELATED SERVICES, DOCUMENTATION, TOOLS, AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. APPENING EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR QUALITY
• WARRANTIES THAT THE API WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT THE API WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE

13.2 No Warranty of Results or Delivery

APPENING MAKES ABSOLUTELY NO WARRANTY OR REPRESENTATION THAT:

• THE API WILL BE AVAILABLE AT ANY PARTICULAR TIME OR WILL FUNCTION WITHOUT INTERRUPTION
• ANY MESSAGE SENT VIA THE API WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED ACCURATELY
• ANY VOICE CALL INITIATED VIA THE API WILL CONNECT OR MAINTAIN CONNECTION
• ANY THIRD-PARTY SERVICE (INCLUDING WHATSAPP, META, BSPs, OR TELEPHONY PROVIDERS) WILL BE AVAILABLE OR FUNCTION CORRECTLY
• TEMPLATE SUBMISSIONS WILL BE APPROVED OR PROCESSED WITHIN ANY TIMEFRAME
• ANY RESULTS, DATA, ANALYTICS, COST ESTIMATES, OR INFORMATION OBTAINED FROM THE API WILL BE ACCURATE, COMPLETE, OR RELIABLE
• DEFECTS OR ERRORS WILL BE CORRECTED
• THE API IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

YOU USE THE API ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS, DATA LOSS, OR FINANCIAL LOSS RESULTING FROM YOUR USE OF THE API.

13.3 Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE API IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE API, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO YOUR REPUTATION, REGULATORY FINES OR PENALTIES, AND ANY OTHER LOSSES HOWSOEVER ARISING. APPENING SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY SUCH LOSSES.

13.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL APPENING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER APPENING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• APPENING'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE API TERMS OR YOUR USE OF THE API SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO APPENING IN THE 3 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM, OR (B) INR 5,000 (APPROXIMATELY USD 60)
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY, INDEMNITY, OR OTHERWISE, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE
• THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF APPENING WAS NEGLIGENT OR GROSSLY NEGLIGENT IN PROVIDING THE API

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, Appening's liability is limited to the minimum extent permitted by applicable mandatory law, and no further.

13.5 Specific Disclaimers and Exclusions

Without limiting the generality of the above, Appening is not responsible or liable for:

• WhatsApp quality rating changes, number bans, account restrictions, or any other action taken by Meta, WhatsApp, or any third-party platform
• Message delivery failures, delays, or errors caused by any reason whatsoever, including recipient status, network issues, carrier restrictions, or platform outages
• Voice call failures, poor call quality, dropped calls, or any telephony-related issues
• Data loss, corruption, or unauthorized access resulting from any cause, including API misuse, your application bugs, security breaches, third-party actions, or Appening system failures
• Costs, charges, or financial losses incurred due to inaccurate cost estimates, billing errors, wallet deductions, or pricing changes
• Business losses, lost sales, lost customers, or missed opportunities resulting from API downtime, errors, or limitations
• Regulatory fines, penalties, or legal liability arising from your use of the API, your messaging practices, or your data handling
• Actions taken by any third-party provider, including changes to their terms, pricing, availability, or functionality
• Any damages arising from the unauthorized access to or alteration of your transmissions or data

14. Indemnification

14.1 Your Indemnification Obligations

You agree to fully and unconditionally indemnify, defend, and hold harmless Appening, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, contractors, successors, and assigns (collectively, the "Appening Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorney's fees, court costs, expert witness fees, and costs of investigation) arising from or related to:

• Your use or misuse of the API, or any use of the API through your account or API keys
• Any application, product, service, or system you build, operate, or distribute that uses the API
• Your violation of these API Terms, the General Terms of Service, or any applicable law, regulation, or third-party right
• Content, data, messages, or other materials you submit, transmit, or process through the API
• Claims by your customers, end users, employees, contractors, or any other third party related to your use of the API
• Your failure to comply with WhatsApp Business Policy, Meta Platform Terms, or any other third-party terms applicable to your use
• Your failure to obtain, maintain, or honor proper consent for messaging, data collection, or data processing
• Regulatory investigations, enforcement actions, fines, or penalties triggered by or related to your use of the API
• Your negligence, willful misconduct, fraud, or illegal activity
• Any unauthorized access to or use of the API through your API keys, whether by you, your employees, contractors, or any other party
• Any breach of any representation or warranty you have made under these API Terms

14.2 Defense and Control

Appening reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Appening. You agree to cooperate fully with Appening's defense of any such claim. You shall not settle any claim without Appening's prior written consent.

14.3 Survival

Your indemnification obligations under this Section survive the termination or expiration of these API Terms and your use of the API, and shall remain in effect indefinitely with respect to any claims arising from events that occurred during the term of your API usage.

15. Termination

15.1 Termination by You

You may stop using the API at any time by revoking your API keys through the account dashboard. If you wish to close your entire Appening account, follow the account termination process described in the General Terms of Service.

15.2 Termination by Appening

Appening may suspend, restrict, or terminate your API access at any time, for any reason or no reason, with or without notice, at its sole discretion. Without limiting the foregoing, Appening may immediately terminate or suspend your API access if:

• You breach any provision of these API Terms
• You engage in fraudulent, abusive, or illegal activity
• You pose a security threat to the API or other users
• Your account has any outstanding unpaid balance
• Required by law, regulation, or court order
• A third-party provider (including Meta, WhatsApp, or any BSP) restricts or terminates Appening's access to their services in a manner that affects your account
• Appening determines, in its sole judgment, that continued API access is not in its commercial or operational interest

Appening shall not be liable to you or any third party for any termination or suspension of your API access under this Section.

15.3 Effect of Termination

Upon termination:

• All API keys associated with your account will be immediately revoked
• Any pending API requests may not be processed
• Webhook deliveries will cease
• You must immediately stop making API calls
• All provisions that by their nature should survive termination shall survive, including but not limited to Sections 5 (Data Handling), 10 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Indemnification), 15.3 (Effect of Termination), and 16 (Governing Law)

15.4 Data After Termination

Following API access termination, Appening may, but is not obligated to, retain your data for any period. Appening makes no commitment regarding data availability or recoverability following termination. You are solely responsible for exporting or backing up your data before termination. Appening shall not be liable for any data loss following termination.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These API Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

16.2 Dispute Resolution

Any dispute arising from or relating to these API Terms shall be resolved as follows:

1. Informal Resolution (30 days): Contact legal@app-ening.com. Both parties will attempt to resolve the dispute informally within 30 days.
2. Mediation: If unresolved, either party may request mediation administered by a mutually agreed mediator in Chennai, Tamil Nadu, India. Costs shared equally.
3. Arbitration: If mediation fails, disputes shall be settled by binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted in English in Chennai, Tamil Nadu, India, by a sole arbitrator mutually agreed upon. The arbitrator's decision shall be final and binding.

16.3 Jurisdiction

For any matters not subject to arbitration, the courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction.

16.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.5 Injunctive Relief

Notwithstanding the arbitration clause, either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement, confidentiality breaches, or security violations.

17. General Provisions

17.1 Entire Agreement

These API Terms, together with the General Terms of Service, Privacy Policy, and any applicable Enterprise SLA, constitute the entire agreement between you and Appening regarding the API Services.

17.2 Severability

If any provision of these API Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 No Waiver

Appening's failure to enforce any provision of these API Terms does not constitute a waiver of its right to enforce that provision in the future.

17.4 Assignment

You may not assign or transfer these API Terms or your API access without our prior written consent. Appening may assign these API Terms to any successor or affiliate without your consent.

17.5 Force Majeure

Appening shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, civil unrest, government actions or orders, sanctions, epidemics, pandemics, internet or telecommunications failures, power outages, cyberattacks, DDoS attacks, hardware failures, software bugs, third-party service provider failures or policy changes (including WhatsApp, Meta, any BSP, cloud hosting providers, DNS providers, CDN providers, payment processors, and telephony providers), regulatory changes, or any other event beyond Appening's reasonable control. During a force majeure event, Appening's obligations are suspended without liability for the duration of the event.

17.6 Notices

Notices from Appening to you will be sent to the email address associated with your Appening account. Notices from you to Appening should be sent to legal@app-ening.com. Email notices are considered received 24 hours after sending.

17.7 Relationship of Parties

Nothing in these API Terms creates a partnership, joint venture, agency, franchise, fiduciary relationship, or employment relationship between you and Appening. You are an independent contractor. Appening owes you no fiduciary duty, duty of care, or other duty beyond the express obligations stated in these API Terms (which are subject to the disclaimers and limitations herein).

17.8 Export Controls

The API and related materials may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and will not use the API in any country or by any person prohibited by such laws.

17.9 Language

These API Terms are written in English. In the event of a conflict between the English version and any translated version, the English version shall prevail.

18. Modifications to These Terms

18.1 Right to Modify

Appening reserves the right to modify, amend, or replace these API Terms at any time, at its sole discretion, with or without notice. Modified terms are effective immediately upon posting to the Appening website or API documentation, unless otherwise stated by Appening.

18.2 Your Responsibility to Review

You are responsible for periodically reviewing the most current version of these API Terms. Appening may, but is not obligated to, notify you of changes via email or documentation updates. Failure to review updated terms does not excuse your compliance with them.

18.3 Acceptance

Your continued use of the API after any modification constitutes your binding acceptance of the modified terms. If you do not agree to any modification, your sole remedy is to immediately stop using the API and revoke your API keys. No refund or credit will be provided.

19. Jurisdiction-Specific Provisions

19.1 European Union (GDPR)

If you or your end users are located in the European Union or European Economic Area:

• You are solely responsible for determining the lawful basis for processing personal data through the API and for compliance with GDPR obligations applicable to you as a Data Controller
• Appening processes personal data as a Data Processor on your behalf; however, Appening makes no representation that the API is fully GDPR-compliant for all use cases — compliance depends on how you use the API
• You may request a Data Processing Agreement (DPA) from legal@app-ening.com — availability and terms are at Appening's discretion
• You are responsible for ensuring that any cross-border data transfers comply with applicable GDPR requirements
• Appening shall not be liable for any GDPR violation arising from your use of the API

19.2 India (DPDP Act)

With respect to the Digital Personal Data Protection Act, 2023 (India) and any rules notified thereunder:

• You are solely responsible for obtaining valid consent from Data Principals before processing their personal data through the API
• You are solely responsible for providing notice of data processing purposes to Data Principals and honoring Data Principal rights (access, correction, erasure, grievance redressal)
• Appening processes data you submit as a Data Processor; however, Appening makes no representation regarding full DPDP Act compliance — this depends on how you use the API and your own obligations as a Data Fiduciary
• Appening shall not be liable for any DPDP Act violations arising from your use of the API, your data handling practices, or your failure to comply with your obligations as a Data Fiduciary

19.3 United States (CCPA / State Laws)

If you or your end users are subject to the California Consumer Privacy Act (CCPA) or similar US state privacy laws:

• You are solely responsible for compliance with CCPA and any other applicable state privacy laws with respect to personal information you process through the API
• Appening does not "sell" or "share" personal information as defined under the CCPA
• Appening shall not be liable for any CCPA or state privacy law violations arising from your use of the API

19.4 Other Jurisdictions

We comply with applicable data protection and consumer protection laws in the jurisdictions where we operate. If you require specific contractual terms or certifications for your jurisdiction, contact legal@app-ening.com.

20. Contact Information

For questions about these API Terms:

Registered Address:
app-ening.com
A3/245, Manna Farm, Padappai
Tamil Nadu, India 601301

Acknowledgment

BY GENERATING AN API KEY OR MAKING ANY API CALL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE API TERMS OF SERVICE.

Document Version History

Appening
March 9, 2026