- These Additional Terms are those of Section 2.6 of the General Terms and Conditions for Business Customers ("GTC for Business Customers"). In the event of a conflict, these Additional Terms shall take precedence over the GTC for Business Customers. The definitions of the GTC for Business Customers shall also apply to these Additional Terms.
The payever platform optionally offers paid access to the WhatsApp Business Solution service. This is offered and provided by the external service provider Facebook Ireland Limited and its affiliated companies, in particular WhatsApp, Inc ("Facebook Group"). In particular, a software client ("WhatsApp Business Client") can be accessed, via which certain messaging functions and other functions for interaction with consumers using WhatsApp are made available via corresponding interfaces ("WhatsApp Business APIs").
- With the payever platform, payever offers the technical platform for the integration of these services offered by an External Service Provider into the website, apps or other programs of the Business Customer. Furthermore, payever takes over the administration of your access to the WhatsApp Business Solution. Details can be found in the service description.
- The conclusion of the contract takes place after agreement to the WhatsApp Business Solution Terms and after the separate approval process by the Facebook Group. Sections 3.1 and 4.4 of the GTC for Business Customers apply accordingly.
When using the WhatsApp Business Solution, the Business Customer shall comply with the applicable WhatsApp Business Solution Terms and any other applicable contractual terms incorporated by reference into these Additional Terms or into the WhatsApp Business Solution Terms (collectively "Facebook WhatsApp Business Solution Terms"). The relevant obligations under the Facebook WhatsApp Business Solution Terms hereby become contractual obligations of the Customer to payever. The Business Customer shall inform and instruct the Users of its Business Customer Account accordingly. payever shall provide the Facebook WhatsApp Business Solution Terms and Conditions to the Business Customer with the service description as well as with each update via the customer account or the e-mail address stored there.
- With respect to all data collected by the Parties through the use of the WhatsApp Business Solution, the Parties shall neither directly nor indirectly
- with the exception of the content of the message threads themselves, use such data to track, create or enhance profiles of individual WhatsApp users (so-called tracking);
- share, transfer, sell or license such data, including anonymous, aggregated or derived forms of such data, to third parties;
- or Conduct retargeting within or outside of WhatsApp Business Solution and Facebook Group's other services, engage in piggybacking or redirect marketing, or combine such data with other third-party data sources.
- If payever determines at its reasonable discretion that the Business Customer has violated the obligations of these Additional Terms, payever shall be entitled to temporarily block the WhatsApp Business Solution account or, after reviewing the interests of both parties, to extraordinarily terminate the service relationship described in these Additional Terms and to revoke access to WhatsApp Business Solution. The business customer is free to shake the respective suspicion of the violation or to provide the respective proof to the contrary.
- Sections 6 and 7 shall have effect beyond the termination of the service relationship between payever and the Business Customer.
- The Business Customer warrants on behalf of itself and its Affiliates that it has complied and will comply with all applicable national, state, provincial, territorial, federal and international laws, rules and conventions and other legal requirements. This includes, in particular, all legal provisions relating to data protection and data transmission, international telecommunication, public procurement regulations and the export of technical and personal data. The Business Customer further represents and warrants on its own behalf and on behalf of the Affiliated Companies that they have followed and will follow only legitimate and ethical business practices in connection with the performance of these Additional Terms and the use of the WhatsApp Business Solution.
- When using or providing the WhatsApp Business Solution, the Business Customer shall at all times implement and maintain administrative, physical, and technical safeguards that
- Meet or exceed industry standards given the sensitivity of user data,
- are compliant with applicable law (including data security and privacy laws, rules and regulations); and
- are designed to prevent unauthorized access and unauthorized data uses. Unauthorized data uses include uses that violate these Additional Terms and the unauthorized processing, storage, destruction, unauthorized loss, unauthorized modification, or unauthorized disclosure of User Data.
- Upon discovery of any suspected or actual Unauthorized Data Use, the Business Customer shall promptly notify payever of the incident and promptly take reasonable action in accordance with applicable law to address and remedy such incident (including notifying affected Users in accordance with applicable law and taking such other actions as we may reasonably request). Such notice to payever must describe the nature of the unauthorized data use, the timing of the unauthorized data use, the impact on us and/or our users, and your corrective actions in response to the unauthorized data use.
- The Business Customer shall provide reports on its use of the WhatsApp Business Solution. These reports are to be sent to payever upon request no later than 14 days after the date of the request. This obligation shall only apply insofar as payever, for its part, has been requested by the Facebook Group to submit reports.
- In so far as the Facebook Group instructs payever in this regard, payever shall have the right at any time to temporarily block the Business Customer's customer account and/or associated user accounts with regard to WhatsApp Business Solution or to delete them completely within the scope of an extraordinary termination. All other services provided by or via the payever platform shall remain unaffected by this. The other provisions of the GTC for business customers shall continue to apply in this case.
- payever shall have the right to terminate the service component for the WhatsApp Business Solution at any time, if necessary also without a notice period, insofar as the Facebook Group for its part terminates the corresponding contract with payever. payever shall inform the Customer of such termination and the remaining possible period of use immediately after receipt of a corresponding notice of termination.
- The Business Customer agrees to indemnify and hold harmless payever, its Affiliates, employees, officers, directors and other representatives from and against any and all claims brought by the Facebook Group, including, without limitation, Facebook, Inc., Facebook Ireland Limited and WhatsApp Ireland Limited, against payever or its Affiliates arising out of any breach by the Business Customer of any duty to act or to cease and desist under these Additional Terms. This includes the assertion of all liabilities, damages, losses, expenses of any kind, reasonable attorney's fees and costs. Any contributory negligence on the part of payever shall be taken into account accordingly.
- In cases of uncertainty or conflict, the German version of these Additional Terms shall prevail.