Terms of Use

1. Identification of the parties

Service provider: Evidente Despertar, Lda., a legal entity with VAT PT514785691, based in Portugal ("Descomplicar" or "WhatSMS").

Customer: any company, professional, or entity that enters into a contract to use the WhatSMS platform. The platform is intended exclusively for legal entities or individuals acting in the exercise of their professional or commercial activity (B2B).

2. Definitions

• Platform: the WhatSMS software, accessible at app.whatsms.pt and through the provided API.
• Account: the isolated space (tenant) created for the Customer after registration.
• Plan: the chosen subscription level (Starter, Pro, or Agency), with the respective features and limits.
• Billing period: monthly or annual, depending on the Customer's choice at the time of subscription.
• Customer Data: all data, content, and information entered or generated by the Customer on the Platform.
• Users: the persons authorized by the Customer to access their Account.
• Contacts: the recipients of communications sent through the Platform.

3. Service description

The WhatSMS Platform is a software as a service (SaaS) that allows companies to manage multichannel communications (WhatsApp, SMS, email, webchat, Instagram, Telegram, and others) with their customers, with automation, artificial intelligence, and team management features.

The service is provided "as is" and "as available", under the terms and limits of the subscribed Plan. Descomplicar reserves the right to change, improve, or discontinue features, with prior communication to the Customer under the terms defined in section 15.

The use of third-party channels (WhatsApp, Meta, SMS operators, etc.) is subject to the policies of those entities. WhatSMS is not responsible for changes, suspensions, or closure of channels by third parties.

4. Registration and account security

The Customer is responsible for:

• Providing true, current, and complete information at registration and keeping it updated.
• Keeping access credentials secure and not sharing them with unauthorized third parties.
• Immediately notifying WhatSMS (support@whatsms.pt) in case of unauthorized access or suspicion of security compromise.
• All activity carried out in the Account, including that of its Users.

5. Free trial period

Each new Account benefits from a 14-day free trial period, with full access to the features of the selected Plan, without the need to enter payment data.

After the trial period, the Account is automatically suspended if payment for a Plan is not made. Customer Data remains available for export for 30 days after suspension, being deleted at the end of that period.

Descomplicar reserves the right to limit or terminate the trial period in case of suspected abuse (e.g., multiple creation of trial accounts by the same entity).

6. Subscriptions, payments, and billing

6.1 Prices and VAT

Prices published at are expressed in euros (EUR). For customers based in mainland Portugal, VAT applies at the rate in effect (currently 23%). For customers in other European jurisdictions, the corresponding VAT regime applies. Customers with a valid intra-community VAT number benefit from reverse charge.

6.2 Billing and payment

Payments are processed through Stripe. The Customer authorizes automatic debit on the credit/debit card registered at the beginning of each billing period. In case of payment failure, WhatSMS makes two additional attempts in the following 5 days before suspending access.

6.3 Automatic renewal

The subscription renews automatically at the end of each billing period (monthly or annual). In the case of annual subscriptions, WhatSMS will send a notice by email at least 30 days in advance of the renewal, indicating the amount to be debited.

6.4 Plan change

The upgrade is effective immediately, with the value proportional to the time remaining in the current period added to the next invoice. The downgrade is effective at the beginning of the next billing period.

6.5 30-day guarantee

In the first 30 days after the first activation of a paid Plan, the Customer can request a full refund without justification, by contacting support@whatsms.pt. This guarantee applies once per entity.

7. Cancellation

The Customer can cancel the subscription at any time through Account settings or by email to support@whatsms.pt. Cancellation takes effect at the end of the current billing period — there is no refund for periods already paid, except under the 30-day Guarantee (section 6.5) or due to breach attributable to WhatSMS.

After cancellation, the Customer has 30 days to export their Data. After that period, the data is permanently deleted, with the exception of billing data retained by legal obligation.

8. Acceptable use policy

The Customer commits to using the Platform exclusively for lawful purposes and in compliance with these Terms and applicable legislation. It is expressly prohibited to use the Platform for:

• Unsolicited communications (spam): sending messages to recipients without prior and express consent, in violation of the GDPR and Decree-Law no. 7/2004 (Electronic Commerce Law).
• Illegal or harmful content: material that infringes third-party rights, is defamatory, obscene, threatening, discriminatory, or promotes illegal activities.
• Phishing and fraud: attempts to obtain sensitive data from third parties in a deceptive way.
• Violation of third-party policies: using channels (WhatsApp, Meta, SMS operators) contrary to the policies of those platforms, namely Meta's Acceptable Use Policy for WhatsApp Business.
• Reverse engineering or exploitation: trying to access, decompile, copy, or exploit the Platform's source code.
• Intentional overload: sending deliberately excessive volumes of messages or API requests with the aim of harming the service or other users.
• Unauthorized resale: reselling or sublicensing access to the Platform without subscribing to the Agency Plan and obtaining express authorization from Descomplicar.

Violation of this policy may result in immediate suspension or termination of the Account, without right to refund. Descomplicar reserves the right to cooperate with competent authorities in case of suspected illegal activity.

9. Ownership of Customer data

Customer Data belongs exclusively to the Customer. WhatSMS acts as a processor in the treatment of personal data of the Customer's Contacts, under the terms of Article 28 of the GDPR.

The Customer declares and warrants that:

• They hold all licenses, consents, and authorizations necessary to enter Customer Data into the Platform and to carry out the communications sent through it.
• They have obtained consent or have a valid legal basis (GDPR Art. 6) to send marketing communications to their Contacts.
• They are responsible for compliance with the opt-in and opt-out rules applicable to each communication channel.

WhatSMS does not access Customer Data except when necessary to provide technical support authorized by the Customer or by legal obligation. See our for more details.

10. Intellectual property

Evidente Despertar, Lda. is the sole owner of all intellectual property rights over the WhatSMS Platform, including source code, design, trademarks, logos, documentation, and all elements that compose it.

Subscribing to a Plan grants the Customer a limited, non-exclusive, non-transferable, and revocable license to use the Platform during the term of the contract, exclusively for the Customer's internal purposes.

Unless expressly agreed in writing, the Customer cannot use WhatSMS's trademarks, logos, or trade name.

11. Availability and SLA

WhatSMS commits to making the Platform available with a monthly availability of 99.9% (excluding scheduled maintenance communicated at least 48 hours in advance).

In case of accumulated unavailability exceeding this threshold in a billing month, the Customer is entitled to credit equivalent to the number of hours of inactivity above the threshold, proportional to the monthly value of the Plan, upon formal request within 15 days after the end of the month in question.

Excluded from the availability calculation: failures caused by third parties (Meta, telecom operators, Internet), force majeure events, acts of the Customer or users, and emergency maintenance necessary to protect the security of the service.

12. Limitation of liability

To the maximum extent permitted by applicable Portuguese law:

• Descomplicar is not liable for indirect, consequential, incidental, loss of profits, data loss, or business interruption, even if informed of the possibility of such damages.
• The total accumulated liability of Descomplicar to the Customer, for any cause and under any theory of liability, is limited to the total amount paid by the Customer to WhatSMS in the 12 months immediately preceding the event that gave rise to the damage.
• Descomplicar is not responsible for failures or changes in integrated third-party platforms (WhatsApp/Meta, SMS operators, email providers), nor for the content of communications sent by the Customer.

These limitations do not affect the Customer's legally unwaivable rights.

13. Indemnity

The Customer commits to indemnify Descomplicar, its directors, employees, and representatives against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) resulting from:

• Violation of these Terms by the Customer or its Users;
• Violation of third-party rights by the content of sent communications;
• Infringement of the GDPR or applicable data protection legislation;
• Use of the Platform for illegal purposes.

14. Confidentiality

Each party commits to keep confidential all non-public information shared by the other party within the scope of this contract and not to disclose it to third parties without prior written consent, except when required by law. This obligation survives for 3 years after the termination of the contract.

15. Changes to the service and Terms

Descomplicar may change these Terms, prices, or Platform features. In case of material changes (e.g., price increase, removal of a feature included in the subscribed Plan), the Customer will be notified by email at least 30 days in advance.

If you do not agree with the changes, you can cancel the subscription before their effective date, without penalty. Continued use of the Platform after that date constitutes acceptance of the changes.

16. Termination

16.1 Termination by Customer

The Customer can terminate the contract at any time, under the terms of section 7 (Cancellation).

16.2 Termination by Descomplicar

Descomplicar may terminate or suspend the contract immediately, without prior notice, in case of:

• Serious or repeated violation of the Acceptable Use Policy (section 8);
• Lack of payment not settled within 15 days after notice;
• Founded suspicion of fraud or illegal activity;
• Judicial determination or by competent regulatory authority.

In case of termination due to breach attributable to the Customer, there is no refund of amounts paid.

17. Force majeure

Neither party is responsible for failures or delays due to causes beyond its reasonable control, including: natural disasters, acts of war, sabotage, Internet infrastructure failures, acts of government authorities, or pandemics. The affected party will notify the other as soon as possible and use best efforts to resume normal provision.

18. Data protection

The treatment of personal data within the scope of this contract is governed by the and, regarding the data of the Customer's Contacts, by the Data Processing Agreement (DPA) available upon request to privacy@whatsms.pt.

19. General provisions

• Applicable law: these Terms are governed by Portuguese law. Any dispute arising from or related to these Terms will be submitted to the exclusive jurisdiction of the courts of the district of Lisbon.
• Entire agreement: these Terms, together with the Privacy Policy, Cookie Policy, and the DPA (when applicable), constitute the entire agreement between the parties, prevailing over any previous communications or agreements.
• Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.
• Assignment: the Customer cannot assign their rights or obligations under these Terms without prior written consent from Descomplicar. Descomplicar may assign these Terms in case of merger, acquisition, or sale of assets, notifying the Customer.
• Language: in case of conflict between versions in different languages, the European Portuguese version prevails.

20. Contact

For questions about these Terms or the service:

• Support: support@whatsms.pt
• Legal issues: legal@whatsms.pt
• Evidente Despertar, Lda. — VAT PT514785691 — Portugal