Terms of Service

PT Mitra Brand Digital (Digitalbrandpartner)
Last Updated: January 8, 2025

Table of Contents

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1. Introduction

Welcome to the Digitalbrandpartner platform ("Platform," "Service," "we," "us," or "our"), operated by PT Mitra Brand Digital.

These Terms of Service ("Terms") govern your access to and use of our messaging integration services, including but not limited to WhatsApp Business API integration.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

The Platform provides business messaging integration services that enable you to:

• Connect your WhatsApp Business Account to manage customer communications
• Send and receive messages through the WhatsApp Business API
• Manage contacts, conversations, and message templates
• Access analytics and reporting on messaging activities
• Integrate messaging capabilities with your business systems via our API
• Automate messaging workflows and customer engagement

3. Eligibility and Account Registration

To use the Platform, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the authority to bind your organization to these Terms
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with Meta's WhatsApp Business Policy and Commerce Policy

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Send spam, unsolicited messages, or messages that violate WhatsApp's policies
• Use the Service for any illegal, harmful, or fraudulent activities
• Impersonate any person or entity or misrepresent your affiliation
• Harvest or collect user information without consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit malware, viruses, or harmful code
• Violate any applicable laws, regulations, or third-party rights
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Resell or redistribute the Service without authorization

5. WhatsApp Business Policy Compliance

You are solely responsible for ensuring your messaging practices comply with:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• WhatsApp Business Messaging Guidelines
• 24-hour messaging window rules
• Template message approval requirements
• Opt-in and consent requirements for messaging

6. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Platform, you acknowledge that:

• You have obtained necessary consents from your customers to communicate with them via WhatsApp
• You will handle customer data in compliance with applicable privacy laws
• We process data on your behalf as a data processor (where applicable under GDPR and Indonesia's PDP Law)
• We implement appropriate technical and organizational security measures
• You are responsible for the lawfulness of data you upload or transmit through the Platform

7. Intellectual Property

The Platform, including its original content, features, and functionality, is owned by PT Mitra Brand Digital and is protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of your data and content. By using the Platform, you grant us a limited, non-exclusive license to process your data as necessary to provide the Service.

"Digitalbrandpartner" and related logos are trademarks of PT Mitra Brand Digital. WhatsApp and Meta are trademarks of their respective owners.

8. Third-Party Services

The Platform integrates with third-party services, including Meta's WhatsApp Business API. Your use of these integrations is subject to the respective third-party terms of service.

We are not responsible for:

• The availability, accuracy, or content of third-party services
• Changes to third-party APIs or policies
• Actions taken by Meta/WhatsApp regarding your Business Account

9. Service Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service with reasonable notice
• Perform maintenance that may temporarily affect availability
• Update features and functionality to improve the Service
• Impose usage limits to ensure fair access for all users

10. Fees and Payment

Certain features of the Platform may require payment. If applicable:

• Fees are specified in your service agreement or our pricing page
• Payments are non-refundable unless otherwise stated
• We may change pricing with 30 days advance notice
• You are responsible for any taxes applicable to your use of the Service
• Failure to pay may result in suspension or termination of your account

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ANY ACTIONS TAKEN BY META/WHATSAPP REGARDING YOUR ACCOUNT

12. Indemnification

You agree to indemnify, defend, and hold harmless PT Mitra Brand Digital, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your messaging content and practices
• Your violation of applicable laws or regulations

13. Termination

Either party may terminate this agreement at any time with written notice. We may suspend or terminate your access immediately if you violate these Terms.

Upon termination:

• Your access to the Platform will be suspended
• You may request export of your data within 30 days
• We may delete your data after the retention period specified in our Privacy Policy
• Provisions that by their nature should survive will remain in effect (including liability, indemnification, and dispute resolution)

14. Data Deletion

In compliance with GDPR, Indonesia's PDP Law, and other data protection regulations, you may request deletion of your data at any time.

We also support Meta's data deletion callback for users who revoke access through Facebook/Meta. When a user requests data deletion through Meta, we automatically process the deletion request and provide a confirmation code for tracking.

For data deletion requests, please contact us at privacy@digitalbrandpartner.com.

15. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law provisions.

Any disputes arising from these Terms shall be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Tangerang, Indonesia.

16. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. For significant changes, we may also send you an email notification.

Your continued use of the Platform after such changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and PT Mitra Brand Digital regarding the use of the Platform.

These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

19. Contact Information

For questions about these Terms of Service, please contact us:

PT Mitra Brand Digital
Jl Europe 3 No. 28, Petir, Cipondoh
Tangerang 15147, Indonesia

Email: legal@digitalbrandpartner.com
Phone: +628111807240
Website: https://digitalbrandpartner.com