Terms of service

These terms form a binding agreement between you ("Customer", "you") and Lytheron OÜ, a company registered in Estonia ("we", "us"), regarding your use of the WACapture service available at wacapture.com and related subdomains (the "Service"). By creating an account or otherwise using the Service, you agree to these terms.

WACapture lets you create smart links and QR codes that capture lead information (typically name and email) before redirecting end users to a messaging channel such as WhatsApp. The Service is delivered as software-as-a-service and is updated continuously. Specific features depend on the plan you subscribe to.

You must provide accurate registration information and keep your credentials confidential. You are responsible for activity on your account. You must be at least 16 years old and authorized to bind the organization you represent, if any.

You agree not to use the Service to: send unsolicited messages or spam; capture personal data without a lawful basis or proper notice; impersonate any person or organization; infringe intellectual property rights; distribute malware or attempt to disrupt the Service; or violate applicable law, including data protection, consumer protection and messaging regulations in any jurisdiction where you operate.

You retain ownership of the data and content you upload, configure or collect through the Service ("Customer Data"). You grant us a limited license to host, process and display Customer Data solely to operate the Service for you. You are the controller of Customer Data; we act as your processor in line with our privacy policy.

You are solely responsible for the legality of the leads you collect, including obtaining valid consent from end users where required, displaying accurate notices, honoring opt-out requests, and complying with the terms of any third-party messaging platform you redirect users to (including WhatsApp's Business Messaging Policy).

Free and paid plans are available. Paid subscriptions are billed in advance on a recurring basis through our payment processor. Fees are non-refundable except where required by law. You may cancel at any time from the dashboard; cancellation takes effect at the end of the current billing period and the Service remains available until then.

We may suspend or terminate your account if you materially breach these terms, if your account poses a security or legal risk, or if required by law. You may close your account at any time. Upon termination, your access ends and Customer Data is deleted in accordance with our retention practices.

We aim to provide a reliable Service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable for maintenance, upgrades, or due to circumstances outside our reasonable control.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

To the maximum extent permitted by applicable law, Lytheron OÜ will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our aggregate liability arising out of or relating to the Service shall not exceed the fees paid by you to us in the twelve months preceding the event giving rise to the claim.

You agree to indemnify and hold Lytheron OÜ harmless from third-party claims arising out of your use of the Service in breach of these terms or applicable law, including claims by end users related to data you collected through the Service.

We may modify the Service or these terms from time to time. Material changes to these terms will be communicated by email or in the dashboard at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

These terms are governed by the laws of Estonia, excluding conflict-of-law rules. Disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the competent courts of Estonia, unless mandatory consumer protection law in your country of residence grants you the right to bring proceedings elsewhere.

Lytheron OÜ · Estonia, European Union · legal@lytheron.com