Terms of Service

1. Acceptance of Terms

By using bugalou.com ("Platform") you accept these Terms of Service completely. If you do not agree, you should not use the Platform.

2. Service Description

Bugalou (trade name of BoenderXL E-Commerce B.V.) offers a WhatsApp Business integration platform including:

• WhatsApp Business Account connection and management
• Contact management and segmentation
• Automated message campaigns
• AI-powered chatbot
• Analytics and reporting

3. Account Registration

To use the Platform, you must:

• Create an account with accurate information
• Keep your password confidential
• Monitor all your activities and be responsible for your account
• Immediately report any unauthorized access

4. WhatsApp Business Account Connection

By connecting your WhatsApp Business Account, you declare that:

• You are the legal owner or authorized representative
• You accept WhatsApp's Terms of Service and Meta's data policy
• You will comply with all applicable laws (including GDPR, CCPA)
• You will not send spam or unwanted messages
• You will not misuse personal data

5. Subscriptions and Payment

Our subscriptions are:

• Starter: €49-89/month - 1,000-2,500 conversations
• Pro: €109-599/month - 1,000-10,000 conversations, AI Chatbot (3,000-30,000 messages)
• Enterprise: Custom pricing - full feature set, unlimited

All prices are excluding VAT. You authorize automatic monthly billing via Stripe.

6. Free Trial Period

New accounts have a free 14-day trial period with full functionality of the selected plan. After this period, automatic billing occurs unless timely cancelled.

7. Cancellation and Refunds

Cancellation: You can cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

Refunds: We do not offer refunds for partially used subscription periods or overused quotas.

8. Liability and Limitations

Limitation of liability:

• Our maximum liability is limited to amounts paid by you in the three (3) months prior to the damage-causing event
• We are not liable for indirect damages, consequential damages, loss of data, turnover or goodwill
• We are not liable for failures or errors of WhatsApp API, Meta or other third parties
• We are not liable for damage caused by unauthorized third-party access to your account, unless there is demonstrable gross negligence on the part of Bugalou
• We are not liable for damage resulting from improper use of the Platform by you or your employees, including sharing or losing login credentials

Claims for damages must be submitted to us in writing as soon as possible and no later than one (1) week after discovery of the damage. Claims for damages expire six (6) months after the damage-causing event. The foregoing liability limitations do not apply in the event of intent or deliberate recklessness on the part of Bugalou's management.

9. Security

We take the security of your data seriously and implement appropriate technical and organizational security measures in accordance with Article 32 of the GDPR, including:

• Hosting on secure cloud infrastructure (AWS, EU Frankfurt region)
• Encryption of all backups and data in transit via TLS/HTTPS
• Access controls and role-based authorization
• Regular security updates and patches
• Payment data is not stored by us; all payments are processed via the PCI-DSS-certified service Stripe

We do not guarantee that our security measures are effective under all circumstances. In the event of a security incident affecting your data, we will notify you without undue delay.

10. Data Processing and Data Breaches

To the extent that you process personal data through our Platform, Bugalou acts as a processor within the meaning of the General Data Protection Regulation (GDPR). As the data controller, you are solely responsible for the lawfulness of the processing of personal data through the Platform.

In the event of a (suspected) security incident involving personal data ("data breach"), we will inform you without undue delay, providing at minimum:

• The nature of the breach and the categories of personal data involved
• The (suspected) cause and measures already taken
• The contact point for further information

As the data controller, you are solely responsible for making any required notifications to the supervisory authority (within 72 hours pursuant to Article 33 GDPR) and/or to data subjects (pursuant to Article 34 GDPR).

11. Service Level Agreement (SLA)

Availability: We aim for 99.5% uptime. Maintenance downtime excluded.

Maintenance Notices: Scheduled maintenance is announced at least 48 hours in advance.

12. Acceptable Use

You may not use the Platform for:

• Spam or marketing without consent
• Phishing or fraud
• Distribution of malware or viruses
• Hacking or unauthorized access
• Intellectual property infringement
• Harassment or abuse of others
• Violation of laws or regulations

13. Breach and Termination

Breach of these terms may result in immediate termination of your account and Platform access without refund.

14. Intellectual Property

All content on the Platform (code, design, logos, text) is owned by BoenderXL E-Commerce B.V. You may not copy, distribute, or modify this without permission.

15. API and Integrations

Additional terms apply for API use:

• API keys are personal and confidential
• Rate limits apply (plan-dependent)
• Data processing follows our privacy policy
• Misuse results in API blocking

16. Third-Party Services

The Platform uses WhatsApp/Meta, Stripe, OpenAI and other services. We are not responsible for their errors or service interruptions.

17. Changes to Terms

We may change these terms at any time. Continued use means acceptance. Major changes will be notified by email.

18. Disputes and Jurisdiction

These terms are governed by Dutch law. Disputes are first resolved through negotiation, then by the competent court in Amsterdam.

19. Contact

For questions about these terms: