Legal
Acceptable Use Policy
This Acceptable Use Policy ('AUP') governs how you may use the services provided by Hibernate Systems Ltd, including any WhatsApp Business API integrations, software, and platforms we build or operate on your behalf.
Last updated: 5 March 2026
1. Scope
This AUP applies to all clients, their end users, and any third parties who interact with services delivered by Hibernate Systems. It forms part of our standard Terms of Service.
2. WhatsApp Business Platform — permitted use
Where your service includes WhatsApp Business API capabilities, you must comply with Meta's WhatsApp Business Terms of Service and Business Messaging Policy in addition to this AUP. Permitted uses include:
- Sending transactional messages (order confirmations, delivery updates, appointment reminders) to users who have opted in.
- Providing customer support in response to user-initiated conversations.
- Sending marketing messages to users who have given explicit, documented opt-in consent.
- Broadcasting approved message templates for legitimate business communications.
3. Prohibited content and conduct
3.1 Absolutely prohibited
- Spam or unsolicited bulk messaging to users who have not opted in.
- Harassment, threatening, abusive, or hateful messages.
- Content that promotes violence, terrorism, or illegal activity.
- Child sexual abuse material (CSAM) or any sexual content involving minors.
- Fraudulent, misleading, or deceptive communications.
- Phishing, account takeover attempts, or social engineering.
- Distribution of malware, viruses, or harmful code.
- Content that violates any applicable law or regulation.
3.2 Restricted industries and content
The following categories require prior written approval from Hibernate Systems and must comply with Meta's additional restrictions:
- Alcohol, tobacco, and adult products.
- Gambling and financial services (loans, cryptocurrency, trading).
- Pharmaceutical and healthcare products.
- Political advertising.
- Weapons and ammunition.
4. Consent and opt-in requirements
You are solely responsible for obtaining and maintaining valid end-user consent for all messages sent via WhatsApp and email. Specifically:
- Consent must be freely given, specific, informed, and unambiguous.
- You must maintain a documented record of each user's opt-in, including the date, channel, and copy of the consent mechanism.
- Opt-out requests must be honoured immediately and the user must not be contacted again on that channel without fresh consent.
- You may not import or purchase contact lists and message them without verified consent.
5. Data handling obligations
- Do not use personal data obtained through our services for any purpose other than that for which it was collected.
- Implement appropriate security measures to protect end-user data.
- Notify us immediately of any actual or suspected data breach involving data processed through our systems.
- Comply with all applicable data protection laws, including the Protection of Personal Information Act (POPIA).
6. System integrity
- Do not attempt to reverse-engineer, decompile, or disassemble any software or systems we provide.
- Do not attempt to circumvent rate limits, authentication controls, or usage quotas.
- Do not use our services to conduct penetration testing or vulnerability scanning against third-party systems without authorisation.
- Report any security vulnerabilities you discover to us responsibly at [email protected].
7. Enforcement
Violation of this AUP may result in immediate suspension or termination of services, without liability to Hibernate Systems. We reserve the right to report violations to Meta, relevant regulators, or law enforcement agencies where appropriate.
We will use reasonable endeavours to provide notice before suspension where it is safe and practical to do so, but reserve the right to act immediately where necessary to protect our systems, clients, or end users.
8. Reporting violations
To report suspected violations of this AUP, contact: [email protected]
9. Changes
We may update this AUP at any time. Continued use of our services following notification of changes constitutes acceptance of the updated AUP.