BLUE.AI
Chargeable Elements

This document lists Blue’s Services and defines their Chargeable Elements.

1. Disclaimer:

Blue does not warrant the availability of listed Channels in each country.

2. Service Description

Blue Services features a solution that shall enable Customer to deliver mobile terminated messages to the WhatsApp Business Platform through https://www.blue.ai/.

2.1. Service Features

The following is the list of features that, among other, come as part of Blue Services:

2.1.1. “Campaigns” shall mean the feature to send promotional and other messages to Customer contacts via one or more of the below channels.

2.1.2. “Templates” shall mean the feature to create and manage frequently used messages to Customer contacts via one or more the below channels.

2.1.3. “Audience” shall mean the list of Customer contacts along with their contact information on one or more of the channels below on which messages may be sent.

2.1.4. “Conversations” shall mean the feature to respond to Customer queries on one or more of the below channels.

2.1.5. “Chatbots” shall mean the feature to create and manage automatic conversations with Customers based on configured rules.

2.1.6. “Analytics” shall mean the feature to view reports about campaigns, channels, costs and more.

3. Channels

One or more of the Blue Services can make use of one or more of the following list of channels:

3.1. “SMS” shall enable the Customer to deliver mobile terminated SMS (SMS MT) and receive mobile originated messages (SMS MO) from the End Users of multiple mobile Network Operators.

3.2. “Email” shall enable the Customer to deliver emails.

3.3. “RCS” shall enable the Customer to deliver mobile terminated RCS and receive mobile originated messages from the End Users of multiple mobile Network Operators in form of free text, images, suggestion (post back of the message defined within the MT), location (latitude, longitude) a file or otherwise.

3.4. “Viber” shall enable the Customer to deliver mobile terminated Service Messages to the Viber Platform.

3.5. “WhatsApp” shall enable the Customer to deliver mobile terminated messages to the WhatsApp Business Platform.

“WhatsApp Chargeable Elements” means any and all messages sent through the WhatsApp Business Platform, and which will be charged on a per conversation basis. WhatsApp defines a conversation as a fixed 24-hour session of (threads) unlimited messaging between the End User and the Client. Conversations are opened and charged when messages sent to Client’s Customers/end Users are delivered. Conversations are opened when Client send a template message or free-form message under WhatsApp-related conditions. (https://developers.facebook.com/docs/whatsapp/pricing )

“Templated message” means a message sent by the Customer that is used to initiate conversations with End Users. Each Templated message must be approved by WhatsApp before it can be used. Also, Templated message can be sent to End User only if End User consented to receiving messages from the Customer (opt-in).

There are three business-initiated conversation categories (Templated messages, all of which require End User opt-in):

· Utility conversations – Facilitate a specific, agreed-upon request or transaction or update to an End User about an ongoing transaction, including post-purchase notifications and recurring billing statements.

· Authentication conversations – Enable businesses to authenticate End users with one-time passcodes, potentially at multiple steps in the login process (e.g., account verification, account recovery, integrity challenges)

· Marketing conversations – Include promotions or offers, informational updates, or invitations for End Users to respond/take action. Any conversation that does not qualify as utility or authentication is a marketing conversation.

“Free Form Message (FFM)” means any message sent by the Customer to WhatsApp User using WhatsApp App over Blue Platform [HTTPS://WWW.BLUE.AI/], during the Customer Support Window; If You are outside the window, You can only send template messages.

A separate conversation category is Service Conversations – all user-initiated conversations will be categorized as Service Conversations, which help Customers resolve inquiries. This is the only conversation that can be opened with FFM.

Conversation charges will be based on the conversation category. When a Templated message is delivered, there will be a charge for that conversation category unless the message is delivered during an already open conversation in that category. For instance, if a utility conversation is open and a marketing template is delivered within that open conversation, then a new, separate marketing conversation is opened, and a marketing conversation charge is initiated.

Service conversations will still only be initiated when no other conversation window is open, and a business responds to a user with a Free-Form Message within the 24-hour Customer Service Window.

“Customer Support Window (CSW)” means period of 24 hours starting from the last WhatsApp MO message received by the Customer through Blue Platform, sent by WhatsApp User using WhatsApp App.

“Free Entry Point Conversations” means the conversation which is opened if (1) a Customer using a device running Android or iOS messages You via a Click to WhatsApp Ad or Facebook Page Call-to-Action button and (2) You respond within 24 hours. If You do not respond within 24 hours, a free entry point conversation is not opened and You must use a template to message the Customer, which opens a marketing, utility, or authentication conversation, per the category of the template.

The free entry point conversation is opened as soon as Your message is delivered and lasts 72 hours. When a free entry point conversation is opened, it automatically closes all other open conversations between You and the Customer, and no new conversations will be opened until the free entry point conversation expires.

Once the free entry point conversation is opened, You can send any type of message to the Customer without incurring additional charges. However, You can only send free-form messages if there is an open Customer service window between You and the Customer.

“Monthly Cloud sender fee” means monthly fee for sender hosted by Meta in Cloud API.

“Monthly Hosted sender fee” means monthly fee for sender provided via WhatsApp On-Premises API, whose installation is hosted, managed and upgraded by Blue.

“Network Operator” means WhatsApp as defined below;

“WhatsApp” shall mean WhatsApp Inc., a limited liability company incorporated in the United States of America and whose principal place of business is at 1601 Willow Road, Menlo Park, CA 94025, United States;

“WhatsApp App” shall mean a mobile first, platform developed by WhatsApp that consists of a VoIP system, messaging service, groups and other means of interaction which can be installed on mobile devices;

“WhatsApp Business Platform” shall mean the server, hardware, software and other equipment that WhatsApp uses in connection with performance or the Services;

“WhatsApp MO Message” means each message sent by the WhatsApp user using WhatsApp App through Blue Platform [HTTPS://WWW.BLUE.AI/] to the Customer;

“WhatsApp Traffic” shall mean the Customer Services provided to Customer’s WhatsApp Users via the WhatsApp Business Platform and WhatsApp App;

“WhatsApp User” shall mean an End-User who has downloaded the WhatsApp App to his/her device and has expressed its consent to receive WhatsApp Traffic from Customer. Each WhatsApp user is defined by the MSISDN used to register in WhatsApp App.

4. WhatsApp Terms And Conditions
The Customer shall adhere to all the below terms & conditions set by WhatsApp at all times. WhatsApp may update its terms and conditions such as WhatsApp Business Policy without notice which are to be also applied to Customer’s usage of the WhatsApp Service under this Agreement; by continuing to use the WhatsApp Business Products after such change, Customer consents to such changes.

4.1. WhatsApp Terms and Usage Policy:

4.1.1. You agree that You will not resell the WhatsApp Business Solution or allow third parties to integrate with, access or use the WhatsApp Business Solution other than as provided in Facebook Terms for WhatsApp Business (https://www.whatsapp.com/legal/)(https://www.whatsapp.com/legal/business-terms ) or use any of the Meta or WhatsApp names and trademarks to promote Your business or in any other way (unless otherwise prior approved in writing by Meta). You will expressly prohibit such activities under Your agreement with Your Client.

4.1.2. WhatsApp Business Solution Terms https://www.whatsapp.com/legal/business-solution-terms

4.1.3. WhatsApp Business Terms of Use of Service https://www.whatsapp.com/legal/business-terms/ The Customer is not in violation of the WhatsApp Commerce Policy, and not in any of the restricted industries.

4.1.4. WhatsApp Business Solution and Messaging Policy https://www.whatsapp.com/legal/business-policy

WhatsApp may add limits to businesses on the number of messages to send per day. All Customers must adhere to this Messaging Limit.

4.1.5. WhatsApp Messaging limit https://developers.facebook.com/docs/whatsapp/messaging-limits/

WhatsApp has the absolute discretion to review, approve or reject any Message Templates (as defined in WhatsApp documentations) at any time.

4.1.5.1. Customer agrees to ensure full compliance with WhatsApp Policies regarding sending of messages.

4.1.5.2. WhatsApp does not offer a way to be notified when a user has blocked Your sender, or to retrieve a list of users who have blocked You.

4.1.5.3. Any violation of these WhatsApp policies may lead to suspension of the number by WhatsApp. WhatsApp has absolute discretion to limit or remove Customer’s access to or use of the WhatsApp Business Products if Customer receives excessive negative feedback, causes harm to WhatsApp or WhatsApp’s users, or violates or encourages others to violate Our terms or policies, as determined by WhatsApp in Our sole discretion. If WhatsApp terminates Your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit Customer and Customer organization from all future use of WhatsApp products.

4.1.5.4. Blue shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the Customer.

4.1.5.5. Once registered on [HTTPS://WWW.BLUE.AI/], Customers cannot reuse the WhatsApp number on WhatsApp Business App or WhatsApp mobile app. The Customer owns the phone number.

4.2. WhatsApp Onboarding & Verification Terms

4.2.1. WhatsApp implements review processes, such as Facebook business verification (https://www.facebook.com/business/help/2058515294227817?id=180505742745347), to ensure the quality of businesses using WhatsApp products. These requirements are prerequisites for utilizing the WhatsApp Cloud API and https://www.blue.ai/. Approval of a Customer's use of WhatsApp products is at WhatsApp's sole discretion.

4.2.2. By using https://www.blue.ai/, Customers agree to the setup of a WhatsApp Business Account and the WhatsApp Cloud API and commit to providing all prerequisite documents as required by WhatsApp and Facebook.

4.3. WhatsApp Message Policy and Pricing Terms

4.3.1. WhatsApp reserves the right to modify acceptable message types and related policies at their sole discretion at any time.

4.3.2. The Customer may initiate chats solely by sending transactional notifications, and only through approved Message Templates as defined in WhatsApp documentation: https://business.whatsapp.com/developers/developer-hub ), subject to applicable pricing. All Message Templates must comply with WhatsApp’s terms and be used solely for their designated purposes. WhatsApp reserves the right to review, approve, and reject any Message Template at any time.

4.3.3. The Customer acknowledges that they are responsible for the variable messaging costs, which are charged and billed by WhatsApp.

4.3.4. WhatsApp charges on a per conversation basis for both business-initiated and user-initiated conversations. For more details on pricing, please visit the WhatsApp Conversation-Based Pricing page: https://developers.facebook.com/docs/whatsapp/pricing

4.3.5. All billing related to the messages sent via the WhatsApp Cloud API are billed directly by Metta for WhatsApp.

4.3.6. The payment charged by https://www.blue.ai/ is solely for the paid subscription of Our SaaS tool. https://www.blue.ai/ functions only as a middleware tool to facilitate Your use of the WhatsApp Cloud API.