1. Introduction
Welcome to Wysper.
By creating an account or using our services, you agree to comply with and be bound by these Terms and Conditions ("Terms"). These Terms govern your access to and use of Wysper — a Software as a Service (SaaS) platform designed to help businesses and professionals manage their Telegram Business accounts, client communications, and payment processing.
If you do not agree to these Terms, you may not use the Service.
2. Definitions
- "Service" refers to the Wysper CRM platform, including all features, functionalities, applications, and software provided by us.
- "User" refers to any individual or organization registering for or using the Service.
- "Account" refers to the personalized profile created by the User to access the Service.
- "Content" refers to any data, information, text, images, videos, or other materials uploaded, transmitted, or processed through the Service by Users.
- "Client" refers to end-users or customers that Users communicate with via the Service.
3. Nature of Service - Infrastructure Provider
Wysper as a Tool: Wysper provides CRM infrastructure and payment processing tools for Telegram Business users. We do not control, monitor, or take responsibility for the specific content, products, or services that Users offer to their clients.
User Responsibility: Users are solely responsible for:
- The legality and compliance of their business activities
- All content they upload, transmit, or sell via the Service
- Compliance with applicable laws, regulations, and third-party terms of service (including payment processors and Telegram)
- Compliance with applicable laws and regulations in their respective industries
No Endorsement: Wysper does not endorse, verify, or approve User content or business practices. The availability of our platform does not constitute approval of any User's specific activities.
4. Account Registration
Eligibility: You must be at least 18 years old and legally capable of entering into a binding agreement to register for and use the Service.
Account Information: You agree to provide accurate, current, and complete information during registration and to update it as necessary. You are responsible for maintaining the confidentiality of your login credentials.
Account Security: You are solely responsible for all activity occurring under your account. Please notify us immediately if you suspect any unauthorized use or security breach.
Verification: We reserve the right to request identity verification, business documentation, or additional information to comply with legal requirements or our policies.
5. Acceptable Use Policy
Permitted Use: You may use Wysper only for lawful business purposes and in accordance with these Terms. You agree not to use the Service in any way that could damage, disable, or overload our systems.
Prohibited Activities: You agree not to use Wysper to:
- Engage in any illegal activities or facilitate illegal transactions
- Distribute content involving minors in any sexual or exploitative context
- Distribute illegal or harmful content
- Facilitate fraud, money laundering, or terrorist financing
- Violate intellectual property rights
- Distribute malware, viruses, or harmful code
- Engage in harassment, threats, or hate speech
- Attempt to gain unauthorized access to the Service or other accounts
- Reverse-engineer, copy, or modify any part of the Service
- Violate the terms of service of payment processors, Telegram, or other integrated platforms
Compliance with Third-Party ToS: Users must comply with all terms of service imposed by:
- Payment processors (Stripe, Unlimit, Smart Glocal, etc.)
- Telegram's Terms of Service and Business API policies
- Card networks (Visa, Mastercard) acceptable use policies
Content Monitoring: While we do not routinely monitor User content, we reserve the right to review accounts, investigate complaints, and take action against violations. We may cooperate with law enforcement as required by law.
6. Payment Processing
Payment Facilitation: Wysper integrates with third-party payment processors to enable Users to accept payments from their clients. All payment processing is subject to the terms and conditions of the applicable payment processor.
User Obligations: Users are responsible for:
- Compliance with payment processor requirements
- Accurate transaction descriptions and billing
- Customer service and dispute resolution with their clients
- Chargeback management and fraud prevention
Payment Processor Actions: We are not liable for any actions taken by payment processors, including account freezes, fund holds, or service termination. Users acknowledge that payment processors operate independently and may impose additional restrictions.
Transaction Fees: Payment processing fees are determined by your payment processor. Wysper may charge platform fees as outlined in your subscription plan.
7. Subscription and Fees
Subscription Plans: Wysper operates on a subscription basis. You agree to pay all applicable fees according to your selected plan.
Payment Terms: Payments are due in advance at the start of each billing cycle. Late or failed payments may result in suspension or termination of your account.
Non-Refundable: Subscription fees are generally non-refundable except as specified in Section 15 (Refund Policy).
Fee Changes: We may modify pricing at any time, with 30 days' prior notice before the change takes effect.
8. Data Ownership and Privacy
User Data Ownership: You retain full ownership of all data you upload to Wysper, including client information, messages, media, and transaction data.
Data Responsibility: You are solely responsible for:
- The accuracy, legality, and quality of your data
- Obtaining necessary consents from your clients for data processing
- Compliance with GDPR, CCPA, and other applicable data protection laws
Data Protection: We comply with GDPR and applicable French data protection laws. For details on how we collect, use, and secure your data, please refer to our Privacy Policy.
Data Sharing: We do not share your data with third parties except as necessary to operate the Service (e.g., cloud hosting, payment processing) or comply with legal obligations.
Data Backup: Users are responsible for maintaining their own backups of critical data. We are not liable for data loss.
9. Intellectual Property
Wysper Property: All materials, software, designs, and trademarks within Wysper — including the Wysper name, logo, and interface — are our property or that of our licensors, protected by applicable intellectual property laws.
User Content License: By uploading content to Wysper, you grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, and transmit your content solely for the purpose of providing the Service. We do not claim ownership of your content.
Feedback: Any feedback, suggestions, or ideas you provide may be used by Wysper without compensation or attribution.
10. Account Termination and Suspension
By the User: You may cancel your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing cycle.
By Wysper: We reserve the right to suspend or terminate your account immediately, with or without notice, for:
- Violation of these Terms or our Acceptable Use Policy
- Non-payment of subscription fees
- Suspected illegal activity or fraud
- Requests from law enforcement or regulatory authorities
- Actions by payment processors or other third-party partners
- Unusually high chargeback rates or fraud complaints
Data Retention After Termination: Upon termination:
- Your access to the Service will cease immediately
- You will have 30 days to export your data
- We may delete your data after 30 days unless legally required to retain it
- No refunds will be provided for prepaid fees unless required by law
11. Limitation of Liability and Disclaimers
Service "As Is": The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Uptime: We make commercially reasonable efforts to ensure service availability but do not guarantee uninterrupted, error-free, or secure operation.
Third-Party Services: We are not responsible for the actions, policies, or availability of third-party services including Telegram, payment processors, or integrated tools.
Limitation of Damages: To the maximum extent permitted by law, Wysper, its affiliates, officers, employees, and partners shall not be liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Payment processor actions (account freezes, fund holds, terminations)
- User content or business activities
- Actions of third parties or other Users
- Unauthorized access to or alteration of your data
Maximum Liability: Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to Wysper in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Wysper, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from or related to:
- Your use of the Service
- Your violation of these Terms or applicable laws
- Your content or business activities
- Your interactions with clients or third parties
- Infringement of any intellectual property or other rights
- Payment processor disputes or chargebacks related to your transactions
13. Dispute Resolution
Governing Law: These Terms are governed by the laws of France, without regard to conflict-of-law principles.
Jurisdiction: Any disputes shall fall under the exclusive jurisdiction of the courts of Paris, France.
Informal Resolution: Before initiating legal action, parties agree to attempt good-faith negotiation to resolve disputes.
14. Modifications to Terms
We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices.
Notice: We will notify you of material changes via email or by posting a prominent notice on our website at least 30 days before they take effect.
Acceptance: Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you must discontinue use and may cancel your account.
15. Refund Policy
General Rule: Subscription fees are non-refundable due to the nature of our Service (digital, immediately accessible upon purchase).
Exceptions: Refunds may be granted only in the following cases:
- Technical Issues: Service unavailability exceeding 72 consecutive hours due to Wysper infrastructure failure (not including third-party service disruptions)
- Billing Errors: Duplicate charges or incorrect amounts
- New Subscribers: Cancellation within 48 hours of initial subscription (first-time users only, one-time opportunity)
Refund Process:
- All requests must be submitted in writing to contact@wysper.io within 5 business days of the charge
- Requests must include your account email, transaction details, and reason for refund
- Each case will be reviewed individually at our discretion
- Approved refunds will be processed within 10 business days via your original payment method
Non-Refundable Items:
- Partial month subscriptions or unused portions of billing cycles
- Transaction fees charged by payment processors
- Promotional credits, trial offers, or discounted subscriptions
- Accounts terminated for Terms violations
- Suspensions resulting from payment processor actions
Plan Downgrades: If you downgrade your plan, the change takes effect at the next billing cycle. No prorated refunds are provided for the current period.
16. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wysper regarding the Service and supersede all prior agreements and understandings.
19. Contact Information
If you have any questions or concerns about these Terms, please contact us at: